Budget

The anti-sunshine gang intensifies its attacks on the Sunshine Ordinance Task Force in City Hall

15

By Bruce B. Brugmann   (with special sunshine vendetta chronology by Richard Knee) 

The Guardian story in the current issue demonstrates in 96 point tempo bold how important the glare of sunshine and publicity is in City Hall in keeping the public’s business public. Yet, the anti-sunshine gang in City Hall is intensifying  its savage attack on the Sunshine Ordinance Task Force.

The Sunshine Ordinance established the Sunshine Task Force to serve as the people’s court for hearing citizen complaints on public access, thus giving  citizens a way to get secret records, open secret meetings, and hold government officials accountable. It empowers citizens to be watchdogs on issues they care about.  It is the first and best ordinance of its kind in the country, if not in the world, and its effectiveness is shown by the fact that the anti-sunshine gang regularly tries  to bounce strong members and gut the task force.

Terry Francke, then the executive director of the California First Amendment Coalition and author of the ordinance, and I as a founder anticipated this problem in trhe early 1990s and put a mandate  into the original ordinance for the task force to have representatives from the local chapter of the Society of Professional Journalists (a journalist and media attorney) and the San Francisco League of Women Voters, two organizations with experience and tradition with open government issues. Later, the mandate included a representative from New America Media, to insure a member of color for the task force.

 I served for 10 years on the task force and then Mayor Willie Brown made the point about City Hall interference by targeting me for extinction.  He tried several times  to kick me off the task force.  I refused to budge, on the principle that neither the mayor nor any other city official should be able to arbitrarily kick off a member of the task force for doing his/her job. When Willie left office, I left the task force when my term was up  and the principle was intact.

Today, as Richard Knee writes in his timeline and chronology below, the principle is once again under city hall attack. Knee replaced me as the journalist representative  of SPJ and has served under fire  for a record 12 years. He writes that the latest attack is retaliation for a unanimous finding by the task force in September 2011 when Board President David Chiu and Supervisors Scott Wiener, Malia Cohen, and Eric Mar violated  local and state open meeting laws by ramming through the monstrous Park Merced redevelopment contract with 14 pages of amendments that Chiu slipped in “literally minutes” before the committee vote.

This was a historic task force vote in the public interest, and a historic vote for open government and for all the good causes. But instead it prompted a smear- dilute-and- ouster campaign by the Board of Supervisors, with timely assists from the city attorney’s office.  The ugly play by play follows. The good news is  that the sunshine forces inside and outside city hall are fighting back, hard and fast, and with a keen eye on all upcoming elections.   Stay tuned. On guard. :

 Special  chronology and timeline detailing the anti-sunshine gang attack on  the Sunshine Ordinance Task Force. By Richard Knee)

1. In April 2011, the Task Force voted to change its bylaws to declare that approval of substantive motions required “yes” votes from a simple majority of members present rather than a simple majority of all members, as long as a quorum was present. The quorum threshold remained at six. The bylaws change went against the advice of the city attorney’s office, which pointed to city Charter Sec. 4.104. Suzanne Cauthen and I cast dissenting votes on the bylaw change. David Snyder was absent from that meeting but made it clear that, reluctantly, he could find no reason to disagree with the city attorney’s opinion.

2. In September 2011, the Task Force voted, 8-0, to find that Board of Supervisors President David Chiu and Supervisors Eric Mar, Scott Wiener and Malia Cohen had violated the Sunshine Ordinance and the state’s open-meeting law (Brown Act). Mar, Wiener and Cohen served on the board’s Land Use and Economic Development Committee, which voted to recommend approval of a Parkmerced redevelopment contract. Literally minutes before the committee voted, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting opined that the amendments did not substantially alter the contract and therefore the description of the item on the meeting agenda was still apt and the committee could act on it. The full board approved the contract the same day.

Wiener tried to intimidate the Task Force from hearing the case. His legislative aide Gillian Gillette (now the mayor’s director of transportation policy) told us we had no business telling the board how to vote and that in taking up the matter, we would be overstepping our authority. Her tone of voice, facial expression and body language were clearly confrontational. We pushed back. Bruce Wolfe told her it was inappropriate to prejudge the Task Force’s vote before the hearing had begun. I told her that we were not interested in the LUED Committee’s or the board’s substantive vote on the contract, but we were concerned about the procedural aspect. A complaint alleging sunshine violations had been brought before us and we were duty-bound to hear it. I pointedly suggested she review the ordinance, especially Sec. 67.30, which defines the Task Force’s, duties, powers and composition. She skulked back to her seat, seething.

Chiu’s legislative aide Judson True told us that Chiu’s office had made a mad scramble to get the amendments printed and properly distributed to allow enough time for review by the supervisors and members of the public before the committee’s vote. He and Gillette, citing the city attorney’s opinion, reiterated that the committee and the board had followed proper procedure.

We were incredulous toward their claims that (a) 14 pages of amendments did not substantially alter the contract and (b) there was sufficient time to review the amendments before the committee’s vote. We consensed that there was no reason the committee could not have delayed its vote in order to allow adequate review time.

3. Wiener surreptitiously asked the Budget and Legislative Analyst in late 2011 to survey every city department on how much sunshine compliance was costing it. When we learned about it, Task Force Chair Hope Johnson sent a strongly worded letter objecting to the attempt at secrecy and to the form that the survey took; we felt many of the questions were vague or vacuous.

4. In May 2012, the Rules Committee (Jane Kim, Mark Farrell, David Campos) interviewed Task Force applicants. Committee members pointedly asked incumbents Suzanne Manneh (New America Media’s nominee), Allyson Washburn (League of Women Voters’ nominee), Hanley Chan, Jay Costa and Bruce Wolfe if it wouldn’t have been wise to follow the city attorney’s advice in order to avoid violating the Charter. They responded that while they deeply appreciated having a deputy city attorney at Task Force meetings and certainly gave due weight to the DCA’s counsel, such advice did not have the force of law, they had a right to disagree with it and they believed the bylaw change they had enacted in April 2011 did not violate the Charter.

The Rules Committee voted unanimously to recommend the appointments of newcomers Kitt Grant, David Sims, Chris Hyland and Louise Fischer, and returnee David Pilpel. Campos and Kim voted to recommend Wolfe’s reappointment; Farrell dissented.

Then, citing concerns about lack of “diversity,” Farrell and Kim said the Society of Professional Journalists, NAM and the LWV should have submitted multiple nominations for each of their designated seats. They pointed to language in ordinance Sec. 67.30(a) stipulating that the respective members “shall be appointed from … names” – and they emphasized the plural, “names” – “submitted by” the organizations. And the committee voted unanimously to continue those four appointments to the call of the chair.

It is important to note that this was the first time ever that the committee had made a multiple-nominations demand. Previously, the committee and the board had invariably accepted the single nominations from the three organizations.

The “diversity” argument was a smokescreen. They had already voted to bounce Chan, who is Chinese-American, and Manneh is a Palestinian-American fluent in Arabic and Spanish.

The truth was, they didn’t like the nominees. SPJ had nominated attorney Ben Rosenfeld and Westside Observer editor Doug Comstock. Both as a Task Force member and as a political consultant, Comstock had been a thorn in lots of local politicians’ and bureaucrats’ sides. And Manneh and Washburn had participated in the Task Force’s unanimous finding of violation against Chiu, Wiener, Mar and Cohen.

Upshot: By continuing those appointments, the committee and the board ensured that Manneh, Washburn and I would remain as “holdovers” and the SPJ-nominated attorney’s seat would stay vacant (Snyder had formally resigned). Manneh, citing an increased professional and academic workload, stepped aside a few months later, meaning two of the 11 seats were vacant, and it now took only four absences instead of five to kill a quorum.

5. At the subsequent meeting of the full board, after Campos moved to reappoint Wolfe, Wiener moved to replace his name with that of Todd David. In making his motion, Wiener delivered a scorching, mendacious attack on what was then the current Task Force. Details of the tirade are available on request. The board voted, 6-5, in favor of Wiener’s motion (ayes: Wiener, Chiu, Farrell, Cohen, Carmen Chu and Sean Elsbernd; noes: Campos, Kim, Mar, John Avalos and Christina Olague). The board then voted unanimously to appoint Grant, Sims, Hyland, Fischer, Pilpel and David.

6. Ordinance Sec. 67.30(a) stipulates that the Task Force shall at all times have at least one member with a physical disability. Wolfe was the only applicant in 2012 to meet that criterion. So when the board ousted him, the Task Force no longer had a physically disabled member. The city attorney advised the new Task Force that to take any actions before a new physically disabled member was appointed could land land the Task Force and its individual members in serious legal trouble. So the Task Force was sidelined for five months, finally resuming business in November 2012 following the appointment of Bruce Oka — who, by the way, is solidly pro-sunshine.

            7. After interviewing 12 of the 13 task force applicants on May 15, 2014, Rules Committee members Norman Yee and Katy Tang complained about a lack of racial/ethnic diversity among the candidates, but that didn’t stop them from voting to recommend the reappointments of members David, Fischer and Pilpel, all Anglos (Campos was absent). Nor were they deterred by the fact that David has missed six task force meetings since March 2013, including those of last January, February and April. They continued consideration of additional appointments to a future meeting, possibly June 5.

At the board meeting on May 20, Wiener repeated his slander of the 2012-14 task force and heaped praise on David, Fischer and Pilpel without offering a shred of corroborating evidence. The board voted to confirm their reappointments, again ignoring David’s porous attendance record.

8. To be seen: whether Rules and/or the board will continue insisting on multiple nominations, and whether it will move forward on other possible appointments. Including Grant’s resignation and the possibility of holdovers, there is a risk that as few as eight of the 11 seats will be filled, meaning three absences would kill a quorum. Sims is moving to Los Angeles but remaining as a holdover for the moment. If he resigns, that could pull the number of fill seats down to seven, meaning two absences would kill a quorum.

The foregoing commentary is strictly personal and not intended to reflect the views of any other individual or organization.

Respectfully submitted,

Richard Knee

Member (since July 2002) and past chairman of the Sunshine Ordinance Task Force

Member of the Society of Professional Journalists, Northern California Chapter, Freedom of Information Committee

San Francisco-based freelance journalist

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian. He is the former editor and co-founder and co-publisher of the Guardian with his wife Jean Dibble, 1966-2012). In San Francisco, the citizens are generally safe, except when the mayor is in his office and the board of supervisors is in session. You can quote me.  B3

Where evil grows

0

cheryl@sfbg.com

FILM For film fans, there’s a delight that comes from charting a talented director’s progress from obscurity to cult fame to “next-big-thing” status. I remember settling in to watch Jim Mickle’s 2010 breakout Stake Land (his first feature was 2006’s micro-budget creature feature Mulberry Street, which played multiple festivals on the genre circuit). I knew it was a vampire movie, a weary subject thanks to Twilight mania, but it soon became clear that Stake Land was not a by-the-numbers affair: Within the first five minutes, a crusty fang-slinger devours a human infant. “This is not a film to be fucked with,” I scribbled in my review, and filed away the name “Jim Mickle” for future consideration.

Last year, he returned with We Are What We Are, a remake of a Mexican chiller about cannibals fighting to keep their secret traditions alive despite pesky interference from the modern world. It was his third film with writing partner Nick Damici — also the lead in Mickle’s first two films, though he moved to a supporting role in We Are, which focused mostly on the teen sisters at its core. Set in rural upstate New York, We Are had its share of gore, but it also went deeper, teasing out a macabre and surprisingly detailed history of its flesh-eating family.

“To me, it’s more of a dark story about faith and religion,” he told me in an interview at the time. “I was much more interested in the girls’ story, and the story of a family trying to hold together after a tragic event.”

Now comes Mickle’s most accomplished film to date, and it’s even less overtly horror (though it contains a multitude of terrifying moments): Cold in July, a thriller ranging across East Texas, circa 1989. The script by Team Mickle-Damici is adapted from the novel by Joe R. Lansdale, who — buckle up, cultists — also penned the short story which spawned 2002’s Bubba Ho-Tep. That said, there are no supernatural elements afoot here; all darkness springs entirely from the coal-black hearts beating in its characters.

Well, some of its characters. Cold in July begins with a killing, but the trigger hand is attached to mild-mannered frame-store owner Richard Dane (Dexter‘s Michael C. Hall, rocking a splendid mullet). The masked man he shot was breaking into the Dane family home; Richard was just protecting his wife (Vinessa Shaw) and young son (Brogan Hall). That he accidentally, kinda, nailed the burglar — spraying brains everywhere, necessitating amusing later scenes of weary clean-up and furniture replacement — is breezed over by the police (including a cowboy-hatted Damici). “Sometimes, the good guy wins,” they assure him.

The good guy/bad guy dynamic is twisted, tested, and taken to extremes as Cold in July continues; it’s the sort of film best viewed without much knowledge of its plot twists, which are numerous and cleverly plotted. (Which is to say: You may read on, genre junkie, without fear of spoilers, because I don’t wanna ruin anyone’s viewing enjoyment.) The day after his run-in with vigilante justice, Richard realizes he’s the number one conversation topic in his small town, and his shiny local-hero status has attracted the attention of the dead robber’s father (Sam Shepard), just out of the clink and skilled in the art of Cape Fear-style menace.

What happens next is best left a surprise, though it does involve Don Johnson as a flamboyant, convertible-driving pig farmer; plenty more bloodshed; a meeting at a drive-in that just happens to be screening Night of the Living Dead (1968); and the line “You don’t wanna fuck with the Dixie Mafia.” Throughout, Cold in July expertly works its 1980s setting as both homage to and embodiment of the era’s gritty thrillers; its synth-heavy score and neo-noir lensing (by frequent Mickle collaborators Jeff Grace and Ryan Samul, respectively) and the casting of Wyatt Russell (son of Kurt; he was also in We Are What We Are) in a key role add to the feeling that Cold in July was crafted after much time spent in the church of St. John Carpenter. There’s humor, too, deployed with careful timing that doesn’t compromise the slow-burning tension that builds throughout — as when Richard celebrates some good news by headbanging to period-perfect power rock in his enormous, wood-paneled station wagon.

Most intriguingly, and for all its retro trappings, Cold in July offers a very modern exploration of masculinity via all of its leads, though Richard is obviously the embodiment of this theme. “I’ve been waiting for something big like this,” he says to his wife before slithering away on a secret road trip (she thinks he’s talking about landing an important new client). Unlike Viggo Mortensen’s secret gangster in 2005’s A History of Violence, which begins with a similar premise (family guy shoots someone in self-defense, opening a can of worms in the process), Richard has zero past aggression to draw on; dude’s got a history of mildness — with a heretoforth untapped curiosity about the wilder side of life awakened by a sudden bloody act. Once again, Mickle has delivered an unfuck-with-able film. Can’t wait to see what he does next. *

 

COLD IN JULY opens Fri/30 in Bay Area theaters.

PrEP school

32

Two weeks ago, the Centers for Disease Control and Prevention announced that it was recommending physicians consider Truvada, a medication used to treat HIV/AIDS, to prevent infection for high-risk patients who are HIV negative. Seen as a miracle drug by some and a “party drug” by others, Truvada has struggled to take off as a preventative measure and, prior to the CDC’s endorsement, foundered under its own controversy.

The drug regimen is known as pre-exposure prophylaxis, or PrEP, and involves taking one pill of Truvada daily. The most common side effects are initial nausea and headaches, but even those generally subside after a couple of weeks. Most impressive is the efficacy rate: Studies point to a reduction in risk of contracting HIV that is higher than 90 percent for individuals who take the medicine daily as recommended.

Additionally, the CDC has recommended PrEP only for high-risk patients — meaning gay men who have sex without condoms; intravenous drug users; and couples, gay or straight, where one partner is HIV positive and the other is negative.

“While a vaccine or cure may one day end the HIV epidemic, PrEP is a powerful tool that has the potential to alter the course of the U.S. HIV epidemic today,” said Dr. Jonathan Mermin, director of CDC’s National Center for HIV/AIDS, in a press release.

But PrEP comes with its detractors, the most vocal of whom have come from within the HIV/AIDS and gay community. PrEP users often carry the stigma of being hypersexual gay men, looking to justify their promiscuous sex lives and disavowal of condoms with a daily pill. The label “Truvada whore” soon emerged as a means to shame PrEP users (though the term is now being reclaimed by PrEP activists as a source of pride through hashtags and T-shirts).

However, the loudest critic by far has been the AIDS Healthcare Foundation, a nonprofit organization based in Los Angeles that provides care to HIV positive patients around the globe.

“This is a position I fear the CDC will come to regret,” said AHF President Michael Weinstein in a public statement. “By recommending widespread use of PrEP for HIV prevention despite research studies amply chronicling the inability to take it as directed, and showing a limited preventive effect at best, the CDC has abandoned a science-driven, public health approach to disease prevention — a move that will likely have catastrophic consequences in the fight against AIDS in this country.”

The push for PrEP is playing out like a grand battle between two formidable foes. On one side is the multi-billion dollar pharmaceutical company that produces Truvada, Gilead Sciences, headquartered just a few miles south in Foster City. On the other is AHF, the largest provider of HIV/AIDS medical care in the US. While on the surface it may seem like a massive corporation taking on the not-for-profit underdog, the reality is much more complex.

 

THE TRUVADA TRAIN

When Truvada was first approved by the Food and Drug Administration 10 years ago, it was a revolutionary new pill used in combination with other drugs to help control the virus in HIV-positive patients. At a time when most HIV medications required taking pills throughout the day and carried intolerable side effects, Truvada was a once-a-day godsend.

Since then, Gilead has established itself as one of the leading companies for HIV medications, producing or helping to produce many top drugs, such as Atripla, Complera, and Stribild, all of which use components of Truvada in their formulas.

But Truvada’s truly revolutionary moment came in July 2012, when it became the first drug approved by the FDA to reduce the risk of HIV infection in negative individuals.

Controversy immediately ensued.

Medicating healthy people is not a popular approach, especially when those drugs cost $13,000 annually per patient (most insurance companies, as well as Medicare and Medicaid, cover PrEP). In comparison, the CDC estimates that the annual cost to treat someone who already has HIV is $23,000. If all of the 500,000 high-risk Americans who the CDC recommends use PrEP were to begin the therapy, the gross revenue for Gilead would be $6.5 billion — all for people who aren’t even sick.

Despite the potential for astronomical profits, as of September 2013 only 2,319 unique individuals had been prescribed Truvada as PrEP, according to Gilead. Half of those patients are women, suggesting that gay men are not being aggressively targeted for PrEP. When PrEP users who are part of research studies are included, the total number of patients is still estimated to be under 10,000.

One reason for the slow start is a lack of awareness. Outside of big cities, there is less dialogue surrounding HIV and prevention techniques. And even in metropolitan areas, familiarity with Truvada is often limited to the HIV specialist doctors treating patients who already have HIV and wouldn’t benefit from PrEP.

“We get a fair number of patients here who are rejected for PrEP from other physicians in the city,” said Dr. John Nienow of One Medical Group in the Castro. “I haven’t heard about widespread adoption in other offices, but I have heard of other physician groups not wanting to prescribe Truvada for PrEP.”

When asked whether the recent CDC announcement endorsing PrEP would change that, Nienow was hopeful.

The CDC announcement “will educate and legitimize PrEP’s use on a widespread basis,” he said. “I think physicians might be uncomfortable prescribing it, and this will make them more comfortable.”

Another reason PrEP has failed to gain traction is that Gilead has spent virtually no money on advertising its own drug. Well, sort of. It is true that Gilead has avoided advertising campaigns — drug companies that push their own drugs tend to stir up controversy — but many of the organizations that have come out publicly in favor of PrEP have received grants from Gilead. According to tax forms, Project Inform and the San Francisco AIDS Foundation, two prominent local nonprofits that support PrEP, have both received large donations from the pharmaceutical company.

One such grant was awarded to Project Inform, for the group to produce videos about PrEP targeted toward young gay men, particularly men of color, according to David Evans, director of research advocacy.

Was this donation a part of Gilead’s marketing strategy? It’s tough to say for sure; Gilead did not return Bay Guardian calls seeking comment.

Regardless of money, it is clear that a new approach is needed for combating HIV. New infections in the US have stubbornly hovered at around 50,000 incidences per year since the ’90s, despite pushes for condom usage and education efforts.

“Yes, PrEP is working. It works when it’s adhered to,” Nienow said. “It’s been extensively studied in populations at risk for HIV, and the conclusion was that it is dramatically successful. So much so that one expert even said that the debate about efficacy is now over.”

 

FROM SELF-PROTECTION TO “SLUT”

It’s true that the AIDS Healthcare Foundation is no billion dollar corporation such as Gilead. But with an operating budget this year of $904 million and a presence in 28 countries, AHF is still a force to be reckoned with.

Though the list of organizations that are loyal exclusively to condoms as a method of prevention is dwindling, AHF has been one of the most powerful and resolute allies of latex protection since the very beginning. Even before Truvada was approved by the FDA as PrEP in 2012, AHF campaigned to prevent it from happening. Even though AHF may be growing more and more isolated in its anti-PrEP stance, it is anything but ready to give way.

Though the efficacy rate for using PrEP is upwards of 90 percent reduction in risk, AHF and other critics consistently cite a drastically lower 40 percent reduction. The difference between these two figures lies in patient behavior: When Truvada is taken correctly, that is, every day without skipping doses, then it’s been shown to reduce new HIV infections by over 90 percent. However, when research studies publish data they must include all participants, regardless of whether they took the dosage as instructed. Average out the effectiveness of the drug between participants who adhered religiously and those who didn’t take it at all, and you arrive at about a 40 percent reduction in risk.

But as AHF points out, the outcome for the participants who did not follow instructions is an important reality that should not be overlooked.

“When you read these studies carefully, what they say is that research modeling can be whatever percent effective, but research modeling is not real-world applicable,” said Ged Kenslea, AHF director of communications. “In every study participants were given incentives and paid to participate,” yet still didn’t adhere to instructions consistently.

“We can’t even get people who already have HIV to take their pills as prescribed,” Kenslea added.

Even amid legitimate concerns about health risks associated with improper use of PrEP or its inability to act as a safeguard against other STDs, much of the debate has become infused with anti-PrEP rhetoric rooted in stereotypical assumptions about the promiscuity of gay men. Patients who use it to protect themselves are reduced to “Truvada whores,” men who live capriciously and are always on the lookout for their next fuck.

“The last couple of years that we’ve been prescribing [Truvada], there have been reports from patients who have received negative reactions from some people,” said Nienow. “Some people, particularly online, regard it as a marker for whores and promiscuity, and others as a marker for self-protection. The stigma kind of ranges from, ‘Great, you’re protecting yourself,’ to, ‘Horrible, you’re a slut.’ My patients have seen all of those.”

Just last month, AHF President Michael Weinstein referred to Truvada as a “party drug,” setting off such a fury that a petition to remove him as head of the organization is now circulating around the Internet. It has amassed nearly 4,000 signatures.

AHF’s policy of championing condoms above any other method is strange, considering that it cites poor adherence to Truvada as the drug’s primary downfall. While the efficacy of the drug clearly drops when it is not taken correctly, AHF critics point out that condoms are not used consistently either, and having multiple methods of protection is better than one.

After viewing donations by Gilead to HIV/AIDS groups, the Bay Guardian requested a list of donors from the AHF as well, but the organization provided a 2012 tax form that did not include a donor list.

PrEP does have some efficacy, Kenslea said, and AHF clinicians are free to prescribe Truvada as a preventative drug.

“If an AHF physician feels that prescribing PrEP is appropriate, then we do not stop that,” Kenslea said.

Still, AHF’s uncompromising reluctance to consider endorsing PrEP is puzzling. AHF leaders repeatedly list reasons that the drug will not work, despite mounting scientific evidence stating the contrary. There is no doubt that PrEP should not be taken lightly or with a blasé attitude, but why eschew it with such fervor?

“We are not refuting the science,” Kenslea said. “We are disagreeing on the understanding of human nature.”

 

A DAILY ROUTINE

When Damon Jacobs re-entered the dating game in 2011, it was a completely different playing field from what he remembered. At first, he wasn’t sure what to expect after coming out of a seven-year relationship with his boyfriend, but he quickly realized there were some significant differences since he had last played the field.

“For me, getting back into the dating world and the cruising world, I was realizing that people were not using condoms as they were a decade earlier,” Jacobs said. “And I wasn’t using them like I was in 1990’s San Francisco either.”

But even scarier than Jacobs’ risky behavior was the reasoning behind it.

“I noticed that my thinking had changed,” he admitted. “I started thinking of HIV as a ‘when,’ not an ‘if.'”

It was during that time when the PrEP studies were just beginning to be published. After attending a forum about using an HIV treatment drug to prevent HIV, Jacobs gathered all of the information he could on this unconventional approach and ran back to his doctor. He knew he wasn’t being as diligent to prevent HIV as he once had, and PrEP seemed like an effective way to stay negative.

His physician had never heard of giving Truvada to a patient without HIV, but Jacobs showed him the research and promising results. He began taking PrEP in July 2011, exactly one year before its FDA approval for HIV-negative individuals.

“Those of us using PrEP now, we were the first ones asking for this, so we’ve had to be the educators and the advocates,” Jacobs said. “We even educate the doctors. Some doctors take that and say, ‘yes, I want to work with you.’ Others give tacit dismissal, and then some tell outright lies about it.”

In the past three years, Jacobs has never missed one of his daily pills. He has built it into his everyday routine: eat breakfast, brush teeth, take PrEP. If you can remember to brush your teeth, he postulates, you can remember to take your pills.

Unfortunately, Jacobs has dealt with the stigma that surrounds PrEP as well.

“If I’m on a date with someone who is negative and he finds out, he’ll ask me, ‘Oh, so you’re a whore? Do you have sex with everybody?'” Jacobs lamented. “It’s not a common reaction, but it stems from a misunderstanding of what PrEP is.”

Instead of being offended, embarrassed, or angry, he takes the time to educate, often resorting to the same analogy: that it’s very similar to women taking birth control; it reduces the unwanted consequences of condom-less sex.

Even though Jacobs disagrees with today’s critics of PrEP, he seems to understand where they are coming from. He volunteered with the Stop AIDS Project in San Francisco in 1992, while HIV was crippling the gay community and condoms were considered the only safeguard from a then-fatal virus.

“Michael Weinstein’s message has been that people should use condoms,” said Jacobs. “When I started volunteering at Stop AIDS [Project], we had a marketing campaign where we gave out pins and T-shirts at local bars and clubs that said, ‘100%’ because we knew that if everybody used condoms 100 percent of the time, we could eradicate AIDS by 2000. “Well I ask you, how did that pan out?”

Progressives challenge mayor’s abuse of authority

4

EDITORIAL Mayor Ed Lee has repeatedly overstepped his authority on behalf of the entrenched political and economic interests who put him into office, and we’re happy to see Sup. John Avalos and his progressive allies on the Board of Supervisors starting to push back and restore a more honest and equitable balance of power at City Hall.

There was no excuse for Lee and his political appointees on the San Francisco Public Utilities Commission to sabotage a decade of work creating the CleanPowerSF program, the only mechanism the city has for creating the renewable energy projects we need to meet our climate change goals.

This was a program created by a veto-proof majority on the Board of Supervisors, the body that the City Charter gives the authority to create such programs on behalf of the people who elect them, then the SFPUC used a vote that should have been a procedural formality to block it (see “Power struggle,” 9/17/13).

Lee refused to work with the supervisors to address his stated concerns — most of which have already been addressed by now anyway, from the program’s cost to the involvement of Shell Energy North America, which is now out — draining the CleanPowerSF funding and providing more evidence that this ruse was really all about protecting PG&E from competition.

So Avalos and other progressives of the Budget & Finance Committee last week rejected the SFPUC budget, forcing Lee and allies to now bargain in good faith. That’s the kind of realpolitik in service of progressive values that we’ve been missing at City Hall in recent years, the willingness to get tough with the grinning mayor who disingenuously talks about civility while his operatives stab their opponents in the back.

Avalos is also sponsoring a fall ballot measure that would let voters fill vacancies on the Board of Supervisors, rather than letting the mayor, who heads the executive branch, stack the legislative branch of government in his favor. We should have done that a decade ago after Gavin Newsom executed his infamous “triple play” to gain another ally on the board, and it’s especially relevant now that two supervisors are running against either other for the Assembly.

Avalos isn’t stressing the balance of powers argument for his Let’s Elect our Elected Officials Act of 2014, which would call a special election to fill vacancies in all the locally elected positions if the next election was more than year away (both the Board of Education and City College Board of Trustees would appoint interim members). It even gives up the supervisors’ power to appoint a new mayor (with the board president serving the interim, as is now the law). San Francisco isn’t a dictatorship, as much as that might please Lee’s business community allies. The people and our district-elected supervisors need to have a stronger voice in how this city is being run, so we at the Bay Guardian are happy to see a few new green shoots of democracy springing up at City Hall.

Agnos offers waterfront development history lesson during SFT speech

19

[Editor’s Note: This is the text of a speech that former Mayor Art Agnos gave at San Francisco Tomorrow’s annual dinner on May 21. We reprint it here in its entirely so readers can hear directly what Agnos has been saying on the campaign trail in support of Prop. B]

I am delighted to speak to the members and friends of SFT about the waterfront tonight…and a special shout out to Jane Morrison as one of the pioneer professional women in the media and one of the finest Social Service Commissioners in our City’s history.

I also welcome the opportunity to join you in honoring tonight’s unsung heroes: Becky Evans, with whom I have worked closely over the past year and half; Tim Redmond, the conscience of the progressive community for the past 35 years; and Sara Shortt and Tommi Avicolli Mecca from the Housing Rights Committee, who stand up every day for poor and working people who need a voice in our city.

Twenty-four years ago, in 1990, I made one of the best decisions of my mayoralty when I listened to the progressive environmental voice of San Francisco and ordered the demolition of the Embarcadero Freeway. That freeway was not only a hideous blight but also a wall that separated the city from its waterfront.

Hard to believe today, but it was a very controversial decision back then. Just three years before, in 1987, the voters had defeated a proposal by Mayor Feinstein to demolish it. The Loma Prieta Earthquake gave us a chance to reconsider that idea in 1990.

Despite opposition of 22,000 signatures on a petition to retrofit the damaged freeway, combined with intense lobbying from the downtown business community led by the Chamber of Commerce, North Beach, Fisherman’s Wharf, and especially Chinatown, we convinced the Board of Supervisors to adopt our plan to demolish the freeway, by one vote.

And the rest is history — until today.

After a period of superb improvements — that include a restored Ferry Building, the ball park, two new public piers where one can walk further out into the bay than ever before in the history of this city, the Exploratorium, the soon to be opened Jim Herman Cruise Ship Terminal, Brannan Wharf Park — there is a new threat.

Private development plans that threaten to change the environment of what Herb Caen first called “our newest precious place,” not with an ugly concrete freeway wall, but with steel and glass high-rises that are twice as tall. Today, the availability of huge amounts of developer financing, combined with unprecedented influence in City Hall and the oversight bodies of this city, the waterfront has become the new gold coast of San Francisco.

Politically connected developers seek to exploit magnificent public space with high-rise, high profit developments that shut out the ordinary San Franciscan from our newest precious place. We love this city because it is a place where all of us have a claim to the best of it, no matter what our income, no matter that we are renter or homeowner, no matter what part of the city we come from.

And connected to that is the belief that waterfront public land is for all of us, not just those with the biggest bank account or most political influence. That was driven home in a recent call I had from a San Franciscan who complained about the high cost of housing for home ownership or rent, the high cost of Muni, museum admissions, even Golden Gate Bridge tours, and on and on.

When he finished with his list, I reminded him I was mayor 23 years ago and that there had been four mayors since me, so why was he complaining to me? “Because you are the only one I can reach!” he said.

Over the past few weeks, that message has stuck with me. And I finally realized why. This is what many people in our city have been seeking, someone who will listen and understand. Someone who will listen, understands, and acts to protect our newest precious place, our restored waterfront.

You see, it was not just about luxury high-rise condos at 8 Washington last year. It was not just a monstrous basketball arena on Pier 30-32 with luxury high-rise condos and a hotel across the street on public land. It’s about the whole waterfront that belongs to the people of San Francisco, all seven and a half miles of it, from the Hyde Street Piers to India Basin. And it must be protected from the land use mistakes that can become irrevocable.

This is not new to our time: 8 Washington and the Warriors arena were not the first horrendous proposals, they were only the latest. Huge, out of scale, enormously profitable projects, fueled by exuberant boosterism from the Chamber of Commerce, have always surfaced on our waterfront.

Fifty years ago, my mentor in politics, then-Supervisor Leo McCarthy said, “We must prevent a wall of high rise apartment along the waterfront, and we must stop the filling in of the SF bay as a part of a program to retain the things that have made this city attractive.”

That was 1964. In 2014, former Board of Supervisors President Aaron Peskin said it best this way: “It seems like every 10 years, every generation has to stand up to some huge development that promises untold riches as it seeks to exploit the waterfront and our public access to it.”

Public awareness first started with the construction of the 18 stories of Fontana towers east and west in 1963. That motivated then-Assemblyman Casper Weinberger to lead public opposition and demand the first height limits, as well as put a stop to five more Fontana-style buildings on the next block at Ghirardelli Square. This was the same Casper Weinberger who went on to become Secretary of HEW [formerly the Department of Health, Education, and Welfare] and Secretary of Defense under President Ronald Reagan.

In 1970, the Port Commission proposed to rip out the then “rotting piers” of Piers 1 – 7 just north of the Ferry Building. They were to be replaced with 40 acres of fill (three times the size of Union Square) upon which a 1200-room hotel and a 2400 car garage would be built.

It passed easily through Planning and the Board of Supervisors. When the proposal was rejected on 22 to 1 vote by BCDC [the San Francisco Bay Conservation and Development Commission], Mayor Alioto complained, “We just embalmed the rotting piers.”

No, we didn’t, we saved them for the right project. And if one goes there today, they see it, the largest surviving renovated piers complex with restaurants, walk-in cafes, Port offices, free public docking space, water taxis, and complete public access front and back. In 2002, that entire project was placed on the U.S. National Historic Register.

But my favorite outrageous proposal from that time was plan to demolish another set of “rotting piers” from the Ferry Building south to the Bay Bridge. And in place of those rotting piers, the plans called for more landfill to create a Ford dealership car lot with ,5000 cars as well as a new shopping center. That too was stopped.

So now it’s our turn to make sure that we stop these all too frequent threats to the access and viability of our waterfront. In the past two weeks, we have seen momentum grow to support locating the George Lucas Museum on Piers 30-32 or the sea wall across the Embarcadero.

I love the idea, but where would we be with that one if a small band of waterfront neighbors and the Sierra Club had not had the courage to stand up to the Warriors and City Hall two years ago. Once again, they used the all too familiar refrain of “rotting piers” as an impending catastrophe at Piers 30-32.

Proposition B will help prevent mistakes before they happen. Most of all, Prop. B will ensure protection of the Port on a more permanent basis by requiring a public vote on any increases to current height limits on Port property. All of the current planning approval processes will stay in place — Port Commission, Planning Commission, Board of Permit Appeals, Board of Supervisors, all will continue to do what they have always done.

But if a waiver of current height limits along the waterfront is granted by any of those political bodies, it must be affirmed by a vote of the people. Prop B does not say Yes or No, it says Choice. It is that simple. The people of SF will make the final choice on height limit increases on Port property.

The idea of putting voters in charge of final approval is not new. In the past, the people of San Francisco have voted for initiatives to approve a Children’s budget, a Library budget, retaining neighborhood fire stations, minimum police staffing, as well as to require public authorization for new runway bay fill at our airport. And at the Port itself, there have been approximately 18 ballot measures to make land use and policy decisions.

So we are not talking about ballot box planning, we are talking about ballot box approval for waivers of existing height limits on public property. Opponents like Building Trades Council, Board of Realtors, and Chamber of Commerce are raising alarms that we will lose environment protections like CEQA by creating loopholes for developers. Astonishing!

Prop B is sponsored by the Sierra Club. Tonight we honor Becky Evans of the Sierra Club who sponsored Proposition B. That same set of opponents are joined by city bureaucrats issuing “doomsday” reports stating that we will lose thousands of units of middle class housing, billions of dollars in Port revenues, elimination of parks and open space on the waterfront. Astonishing!

These are the same bureaucrats who issued glowing reports a couple of years ago that the America’s Cup would mean billions in revenue for the Port and the city. And they wanted to give Oracle’s Larry Ellison 66-year leases to develop on five of our Port piers for that benefit! Now, how did THAT work out? So far, City Hall will admit to $11 million in known losses for the taxpayers. Another opponent, SPUR [San Francisco Planning and Urban Research Association], says any kind of housing will make a difference and there are thousands in the pipeline, so don’t worry. Astonishing!

We have not seen one stick of low income or affordable housing proposed on the waterfront since the ‘80s and ‘90s when Mayor Feinstein and I used waterfront land for that very purpose. Hundreds of low-income housing dwellings like Delancey Street and Steamboat Point Apartments, affordable and middle class housing like South Beach Marina apartments and Bayside village, comprise an oasis of diversity and affordable housing in the midst of ultra expensive condos.

For me, that was part of an inaugural promise made in January 1988. I said, “At the heart of our vision is a refusal to let San Francisco become an expensive enclave that locks out the middle class, working families, and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing.”

Yes, that was the commitment on public land on the waterfront by two mayors of a recent era, but not today. Indeed, San Francisco has been rated the #1 least affordable city in America, including NY Manhattan. That is one of the many reasons we see middle class people, as well as working poor, being forced to leave San Francisco for Oakland and elsewhere in the Bay Area.

That reality was reinforced in the February 10, 2014 issue of Time Magazine. Mayor Lee said, “I don’t think we paid any attention to the middle class. I think everybody assumed the middle class was moving out.”

Today, an individual or family earning up to $120,000 per year — 150 percent of the median in this city — does not qualify for mortgage and can’t afford the rent in one of the thousands of new housing units opening in the city. The Chronicle reported a couple of weeks ago that a working family of three who have lived in a rent-controlled studio apartment in the Mission was offered $50,000 to leave.

That is what the purely developer-driven housing market offers. And that philosophy is reinforced by a Planning Commission whose chair was quoted in December 2013 issue of SF Magazine saying, “Mansions are just as important as housing.”

Prop B changes that dynamic by putting the citizen in the room with the “pay to play” power brokers. That is what it is all about my friends: Power.

Former SF city planning director and UC School of City Planning Professor Alan Jacobs recently related what he called the Jacobs Truism of land economics: “Where political discretion is involved in land use decisions, the side that wins is the side with the most power. And that side is the side with the most money.”

Prop B will ensure that if developers are going to spend a lot of money to get a height waiver on Port property, the best place to spend it will be to involve, inform, and engage the citizen as to the merit of their request, not on the politicians. Today that power to decide is in a room in City Hall. I know that room. I have been in that room.

You know who is there? It is the lobbyists, the land use lawyers, the construction union representatives, the departmental directors, and other politicians. You know who is not in the room? You. The hope is that someone in that room remembers you.

But if you really want your voice to be heard, you have to go to some departmental hearing or the Board of Supervisors, wait for three or four hours for your turn, and then get two minutes to make your case. Prop B changes that dynamic and puts you in the room that matters. No more “advisory committees” that get indulged and brushed off. No more “community outreach” that is ignored.

It will all matter. That is why today there is no opposition from any waterfront developer. They get it. We are going to win. It is easy to see how the prospect of Prop B on the ballot this June has changed the dynamics of high-rise development along the waterfront.

The Warriors have left and purchased a better location on private land in Mission Bay. The Giants have publicly announced that they will revise their plans with an eye to more appropriate height limits on Port land. Forest City is moving with a ballot proposal to use Pier 70 to build new buildings of nine stories, the same height as one of current historic buildings they will preserve on that site for artists.

The Pier 70 project will include 30 percent low-income, affordable and middle class housing on site, along with low-tech industries, office space, and a waterfront promenade that stretches along the entire shoreline boundary. A good project that offers what the city needs will win an increase in height limits because it works for everybody. A bad one will not.

My friends, I have completed my elected public service career. There will be no more elections for me. And as I review my 40 years in public life, I am convinced of one fundamental truth: The power of the people should, and must, determine what kind of a city this will be.

It must not be left to a high-tech billionaire political network that wants to control City Hall to fulfill their vision of who can live here and where. It starts with you, the people of this city’s neighborhoods, empowered to participate in the decisions that affect our future. You are the ones who must be vigilant and keep faith with values that make this city great.

This city is stronger when we open our arms to all who want to be a part of it, to live and work in it, to be who they want to be, with whomever they want to be it with. Our dreams for this city are more powerful when they can be shared by all of us in our time.

WE are the ones, here and now, who can create the climate to advance the San Francisco dream to the next generation. And the next opportunity to do that will be election day June 3.

Thank you.

 

The strange, unique power of San Francisco mayors

64

Mayor Ed Lee wields a strange and unique power in San Francisco politics, passed down from Mayor Gavin Newsom, and held by Mayor Willie Brown before him.

No, we’re not talking magic, though mayors have used this ability to almost magically influence the city’s political winds. 

When elected officials leave office in San Francisco and a seat is left vacant, the mayor has the legal power to appoint someone to that empty seat. A study by San Francisco’s Local Agency Formation Commission conducted March last year shows out of 117 jurisdictions in California, and ten major cities nationwide, only seven jurisdictions give their executives (governors, mayors) the ability to appoint an official to a vacant seat. The other jurisdictions hold special elections or allow legislative bodies to vote on a new appointment. 

The power of a San Francisco mayor then is nearly singularly unique, the report found, but especially when seen in the context of the nation’s major cities.

“Of the 10 cities surveyed here,” the study’s authors wrote, “no other city among the most populous grants total discretion for appointments.” 

The study is especially relevant now, as Sup. John Avalos introduced a charter amendment to change this unqiuely San Franciscan mayoral power, and put the power back in the hands of the electorate.

His amendment would require special elections when vacancies appear on public bodies like the community college board, the board of education, or other citywide elected offices. He nicknamed it the “Let’s Elect our Elected Officials Act,” and if approved by the Board of Supervisors it will go to this November’s ballot.

Avalos touched on the LAFCo study while introducing his amendment at the board’s meeting on Tuesday [5/20]. 

“One of the striking results is how unique San Francisco’s appointment process is,” Avalos said. “There’s no democratic process or time constraint when the mayor makes these appointments.”

He pointed to then-Assessor Recorder Phil Ting’s election to California Assembly in 2012. Camen Chu, his successor, was not appointed by the mayor until February 2013, he said, a longstanding vacancy.

So what’s the big deal? Well, voters notoriously tend to vote for the incumbents in any race, so any official with their name on the slot as “incumbent” come election time has a tremendous advantage. In fact, only one supervisor ever appointed by a mayor was ever voted down in a subsequenet district-wide (as opposed to city-wide) election. This dataset of appointed supervisors was culled from the Usual Suspects, a local political-wonk blog:

Supervisor

Appointed

Elected

 

Terry Francois

1964

1967

 

Robert Gonzalez

1969

1971

 

Gordon Lau

1977

1977

 

Jane Murphy

1977

Didn’t run

 

Louise Renne

1978

1980

 

Donald Horanzy

1978

Lost in 1980

Switched from District to

Citywide elections.

Harry Britt

1979

1980

 

Willie B. Kennedy

1981

1984

 

Jim Gonzalez

1986

1988

 

Tom Hsieh

1986

1988

 

Annemarie Conroy

1992

Lost in 1994

 

Susan Leal

1993

1994

 

Amos Brown

1996

1998

 

Leslie Katz

1996

1996

 

Michael Yaki

1996

1996

 

Gavin Newsom

1997

1998

 

Mark Leno

1998

1998

 

Alicia D. Becerril

1999

Lost in 2000

Switched from Citywide to

District elections.

Michela Alioto-Pier

2004

2004

 

Sean Elsbernd

2004

2004

 

Carmen Chu

2007

2008

 

Christina Olague

2012

Lost in 2012

Only loss by a district

appointed supervisor.

Katy Tang

2013

2013


So mayoral appointments effectively sway subsequent elections, giving that mayor two prongs of power: the power to appoint someone who may agree with their politics, and the power to appoint someone who will then owe them.

A San Francisco Chronicle article from 2004 describes the power derived from appointees former Mayor Willie Brown infamously enjoyed.

Once at City Hall, Brown moved quickly to consolidate power, and using the skills he honed during his 31 years in the state Assembly, gained control of the Board of Supervisors. Before the 2000 election, he appointed eight of the 11 members, filling vacancies that he helped orchestrate, as supervisor after supervisor quit to run for higher office or take other jobs.

The board majority was steadfastly loyal, pushing through Brown’s policies and budget priorities with little debate. In a 1996 magazine article, he was quoted as likening the supervisors to “mistresses you have to service.”

Voters may soon choose what elected officials they want in offices. The mistresses of the mayor, or the mistresses of the people.

Graph of the LAFCo study produced by Guardian intern Francisco Alvarado. LAFCo looked at California jurisdictions as well as ten major cities nationwide.

Supes won’t let mayor raid CleanPowerSF without a fight

20

The Board of Supervisors Budget and Finance Committee today voted to reject the San Francisco Public Utilities Commission budget, an effort by Sup. John Avalos and others to force Mayor Ed Lee to the bargaining table over the city’s neglected sustainable energy infrastructure needs.

“I wanted to get the mayor’s attention and to find a practical way to let the mayor know the Power Enterprise infrastructure needs help, as well as CleanPowerSF,” Avalos told the Guardian. CleanPowerSF would provide electricity derived from renewable sources to enrollees in the municipal program.

After CleanPowerSF was approved by a veto-proof majority on the Board of Supervisors last year, Lee’s appointees to the SFPUC blocked implementation of the program during what should have been a routine vote to set a maximum rate. Then Lee this year raided those funds and transferred them to his GoSolar program.

“Because he raided our funds, I worked with [fellow Budget Committee members Sups.] Eric Mar and London Breed to kill his budget,” Avalos told us, noting that he alerted Lee on Sunday of his intention to do so and never got a response. “It was remarkable that he thought he could just bring this to committee and thought everything was hunky-dory.”

Christine Falvey, the mayor’s spokesperson, said the mayor hadn’t had time yet to develop his next step but “the mayor is committed to funding GoSolar, a program that can start immediately, help us reach our agressive environmental goals and employ San Francisco residents.”

The tendrils of the mayor’s power could be felt even in the SFPUC’s Citizens’ Advisory Committee meeting last night. The committee makes recommendations to the PUC with no authority for mandate, but rather for long-term strategic, financial and capital improvement plans.

As the committee considered a vote to recommend the PUC move forward with CleanPowerSF, the tussle between the mayor and the supervisors reverberated through their frank discussions.

The problem is the mayor is violently against this program,” said Walt Farrell, a committee member from Supervisor Norman Yee’s District 7. He added, “How will you convince them?”

Director of Policy and Administration at Power Enterprise Kim Malcolm was slated to be the Director of CleanPowerSF, but she deflected, saying it wasn’t up to her.

We view our job as, we do what the policy makers tell us to do,” she said.

Jason Fried, executive director of the Local Agency Formation Commission, told the CAC most of the mayor’s concerns regarding CleanPowerSF have since been addressed. 

The mayor critiqued the program for relying on Shell for energy, Fried said, but now Shell is out of the picture.

cacsfpuc

Kim Malcolm presents information on CleanPowerSF to the SFPUC Citizens’ Advisory Committee.

He said the program could also possibly provide extra money for Power Enterprise, the city’s Hetch Hetchy powered hydroelectric system. 

Highlighting all the benefits of CleanPowerSF, Jess Derbin-Ackerman, a conservation organizer speaking on behalf of the Sierra Club, urged action.

This program was in the works for ten years,” she said, and “it’s largely been fought because of political attachments to PG&E.”

She noted more than four other counties in Northern California are now shifting to clean power, and San Francisco lags behind.

“Get with it,” she said, “the rest of the Bay Area is.” 

Ultimately the CAC opted to push the vote backing CleanPowerSF until its next meeting, due to absent members. The CAC’s chair, Wendolyn Aragon, supported the supervisors stalling the PUC budget.

“CleanPowerSF has been proven time and time again as a viable source of clean energy,” she told the Guardian. “But if Mayor Lee and the SFPUC Commissioners (whom he appoints) want to keep denying that … it’s time to draw a line in the sand.”

Now that the PUC’s budget has been formally rejected, the agency has $20 million in reserves that it can spend until it comes up with a budget that meets the approval of the Board of Supervisors, as the City Charter requires. In the meantime, Avalos called on Lee to negotiate in good faith with the board.

“The path forward is to negotiate,” Avalos told us. “The mayor has overstepped his bounds on this issue. He is not taking the leadership to convene us together to find a solution.”

It’s all reel

0

cheryl@sfbg.com

FILM As far as Hollywood is concerned, it’s already been summer for weeks, with superheroes (Captain America and Spider-Man have had their turns; X-Men: Days of Future Past opens Fri/23) and monsters (Godzilla) looking mighty comfortable atop the box office. But the season is just getting started, screen fiends, and there’s plenty more — maybe too many more, if you’re operating on a limited popcorn budget — ahead. Read on for a highly opinionated, by-no-means-comprehensive guide; as always, dates are subject to change. (And keep reading for a list of local film festivals, too, since the healthiest diet is always a balanced one.)

The first post-Memorial Day weekend unveils Angelina Jolie (dem cheekbones!) as Sleeping Beauty’s worst nightmare in Maleficent, probably the biggest Disney casting coup since Johnny Depp sailed to the Caribbean. First-time helmer Robert Stromberg has a pair of Oscars for his art-direction work on Avatar (2009) and Alice in Wonderland (2010); if this dark fantasy clicks with audiences, expect a raft of live-action films starring Disney’s ever-growing stable of villains (fingers crossed for Ursula the Sea Witch next).

If fairy tales aren’t your thing, add thriller Cold in July to your calendar (like Maleficent, it’s out May 30). It’s the latest from genre man Jim Mickle (2013’s We Are What We Are), with his highest-profile cast to date. Dexter‘s Michael C. Hall, rocking a mullet, plays a small-town Texan whose unremarkable life goes into pulpy overdrive after he kills a burglar, angering the man’s ex-con father (Sam Shepard). But nothing is what it seems in this twisty tale, which also features Don Johnson and a synth score — both stellar enhancements to the film’s late-1980s aesthetic.

Moving into June, sci-fi thriller Edge of Tomorrow  has Tom Cruise saving the world — just another day on the job for the suspiciously ageless star, though he apparently lives the same day over and over here. Look for director Doug Liman (multiple Bourne movies) and co-stars like Emily Blunt and Game of Thrones‘ Noah Taylor to add some depth — though, OK, this’ll probably still be a one-man show. Never change, Tom. Elsewhere June 6, erstwhile Divergent ass-kicker Shailene Woodley aims to prove she’s not just the poor man’s Jennifer Lawrence with young-adult weepie The Fault in Our Stars.

June 13, undercover cops Schmidt and Jenko — played by the likable team of Jonah Hill and Channing Tatum — return for more jokes (and winks, because they’re in on the joke too, you guys!) in 22 Jump Street. Far less comedic, and far more brain-melting, is sci-fi drama The Signal, which starts off like a typical road-trip movie, then switches gears a few times before slam-banging into weirdness so out-there it’s almost (almost) a spoiler to note that Laurence “Morpheus” Fishburne plays a key role.

The following week (June 20), Aussie filmmaker David Michôd — whose gritty 2010 Animal Kingdom became an insta-classic of the crime genre, and launched the stateside careers of Jackie Weaver and Joel Edgerton — reunites with Kingdom star Guy Pearce for The Rover, the outback-set tale of a man seeking revenge on a gang of car thieves. In an intriguing casting choice, former vampire Robert Pattinson co-stars as a wounded baddie forced along for the ride.

Next up, June 27 unleashes Transformers: Age of Extinction. Memo to the world: Until we all agree to stop seeing these movies, Michael Bay and company will keep grinding ’em out. At least this one is LaBeouf-less.

Ahead of the long Fourth of July weekend, July 2 unleashes saucy comedy Tammy, which stars Melissa McCarthy (she also co-wrote the script) and Susan Sarandon as a road-tripping granddaughter and grandmother. Or, you could check out Eric Bana as an NYPD detective who teams up with a priest (Edgar “Carlos the Jackal” Ramírez, recently cast in the Swayze role in the highly unnecessary Point Break remake) in Deliver Us From Evil; despite sharing a title with Amy Berg’s harrowing 2006 doc about pedophiles in the Catholic Church, it’s about demonic possession — but is still probably less frightening than the Berg film, to be honest.

July 11, Richard Linklater’s Boyhood has a gimmicky premise — filmed over 12 years, it charts the coming-of-age of a child, and his relationship with his parents (played by Ethan Hawke and Patricia Arquette) — but also glowing reviews from its film festival stints. And, just when you thought it was safe to go back to the banana aisle, Dawn of the Planet of the Apes arrives, laying further waste to a San Francisco that already took a beating in the first film, not to mention losing most of its downtown to Godzilla and friends just a week ago. Andy Serkis returns as chimp king Caesar. Also: Roman Polanski’s latest, Venus in Fur — based on the David Ives play, and starring Polanski’s wife, Emmanuelle Seigner — arrives on our shores after picking up a César award for the director in France.

Andy and Lana Wachowski’s latest eye candy-laden epic action fantasy, Jupiter Ascending, is about an ordinary human (Mila Kunis) who turns out to be Neo the One, er, royalty from another planet. Based on production stills, this film also features Channing Tatum flying through the air shooting guns and stuff. July 18 also brings The Purge: Anarchy, sequel to last year’s sleeper hit about a near-future America that allows a crime spree free-for-all one night per year. The follow-up lacks Lena Heady — but it does have Michael K. “Omar” Williams, and the characters actually leave the house this time.

https://www.youtube.com/watch?v=5w0KAHhKECg

Then, on July 25, choose your hero: Dwayne “The Rock” Johnson sporting a hat made out of a lion’s head (and, apparently, beard made out of yak hair) in Hercules, or those dancin’ kids of Las Vegas-set Step Up All In. (For those keeping score, this is the fifth Step Up film.) Plus, there’s Woody Allen’s 1920s-set Magic in the Moonlight, starring Emma Stone as a psychic and Colin Firth as the skeptic who falls for her. Sounds kinda twee, and Allen’s private life remains controversial, but that cast, which also includes Marcia Gay Harden and Jackie Weaver, is all kinds of dynamite.

August begins with a bang — Marvel’s hotly-anticipated Guardians of the Galaxy, which just about broke the Internet when its first trailer rolled out in February, is out on the first — before meandering a bit. Taking a break from her own Marvel duties, Scarlett Johansson (so great in Under the Skin) plays a different kind of superhuman in Luc Besson’s Lucy, while the live action-CG mash-up I’m not sure anyone was really begging for, Teenage Mutant Ninja Turtles, also takes a bow (both Aug. 8).

As the summer winds down, Phillip Noyce (2002’s The Quiet American) strays onto YA turf with an adaptation of Lois Lowry’s The Giver, with Jeff “The Dude” Bridges playing the title role, and Brenton Thwaits (who also stars in The Signal, above) as his protégé. Also out Aug. 15, The Expendables 3 adds Harrison Ford, Antonio Banderas, and Wesley Snipes (!!) to its cast o’ aging action hunks. Don’t you worry, Nic Cage — there’s still room for you in the inevitable part four. And don’t miss The Trip to Italy, which re-teams British comedians Steve Coogan and Rob Brydon for a foodie road trip that will make you guffaw (at the impressions) and drool (over the plates of pasta).

Labor Day looms as Robert Rodriguez brings Frank Miller’s Sin City: A Dame to Kill For, which looks to be as visually stunning as its 2005 predecessor, if not much friendlier to the female perspective; a sports drama inspired by Concord’s own De La Salle High School football team, When the Game Stands Tall; and yet another YA adaptation, If I Stay, starring Chloë Grace Moretz, who is one of the more dynamic teen actors of late, and may make this girlfriend-in-a-coma tale livelier than it sounds. *

ESCAPE THE MULTIPLEX: SUMMER FESTIVALS

San Francisco Green Film Festival (May 29-June 4; www.sfgreenfilmfest.org) Doc-heavy fest of films from 21 countries that explore environmental issues and themes.

San Francisco Silent Film Festival (May 29-June 1; www.silentfilm.org) Exquisitely curated and rock-concert-popular showcase of films from cinema’s earliest days, plus live accompaniment and special guests.

SF DocFest (June 5-19; www.sfindie.com) The San Francisco Independent Film Festival’s doc-tastic offshoot consistently offers a strong slate of true-life tales.

New Filipino Cinema (June 11-15; www.ybca.org) Documentaries, narratives, shorts, and experimental films direct from the Philippines’ burgeoning film scene.

Queer Women of Color Film Festival (June 14-16; www.qwocmap.org) Five shorts programs highlight 55 works, with a focus this year on queer culture in Southeast Asian, North African, Middle Eastern, and other Muslim communities.

Martin Scorsese Presents Masterpieces of Polish Cinema (June 14-Aug 23, bampfa.berkeley.edu) Rare and important works by Andrzej Wajda, Jerzy Kawalerowicz, Wojciech Has, and others — and since Uncle Marty’s in charge, expect glorious digital restorations across the board.

Frameline (June 19-29; www.frameline.org) The oldest and largest fest of its kind, the San Francisco International LGBT Film Festival has been programming the best in queer cinema for 38 years.

San Francisco Jewish Film Festival (July 24-Aug 10; www.sfjff.org) Also the oldest and largest fest of its kind, the SFJFF presents year-round programming, though this fest, now in its 34th year, is its centerpiece event.

Wear no evil

2

arts@sfbg.com

CULTURE

Do you know where your clothes come from: Bangladesh? China? Possibly. Clothes are a commodity whose origins are often taken for granted. Fashion followers glamorize garments as collectible items, while others value comfort above all. In most cases, customers will size up a garment’s price or style first, rather than considering where or how it was manufactured.

But consider this: The production end of the apparel industry impacts the world significantly. The fashion industry employs one-sixth of the world’s population. An estimated 250 million children work in sweatshops. The lack of regulation results in unfair labor and pollution around the world. It is the second most polluting industry, second only to oil. Due to the toxic waste discharge in China, you can tell what colors are in season by looking at the rivers. The deadliest garment-factory accident in history, the Bangladesh factory collapse last year, killed 1,129 workers and injured twice as many.

The fact of the matter is, if you care about where your craft beer came from, whether your apple is organic, or if your latte contains fair-trade coffee, you need to be applying that same consciousness to your clothes. Read on for ways to whip your fashion karma into shape.

sustainableshop

Click the image above to see our flowchart, “So you want to shop sustainably…”

 

SHOP SOCIAL

Global warming isn’t going anywhere. Why not help save the world (as summers grow hotter) one T-shirt at a time? Many independent (and several mainstream) brands have partnered with nonprofits to support the environment. Eco-friendly SF-based brand Amour Vert (www.amourvert.com) developed the Plant A T(r)EE program, in which a tree is planted in the US with each T-shirt purchase. According to the company, 15,000 have taken root so far, with plans to reach 100,000 by 2015. Other eco-conscious brands, including Alternative Apparel (www.alternativeapparel.com), support the workers behind the products. Though the company sources its materials in Peru, it works to ensure fair labor practices. Both of these brands design fashionable apparel with organic cotton and other natural, sustainable fabrics — which can result in higher prices. But if your clothing budget allows, it pays to focus on quality, not quantity.

 

SHOP SECONDHAND

Thrift shopping is probably the easiest and cheapest way to reduce your carbon footprint. The average American throws out 68 pounds of textiles every year. By buying secondhand, you’re saving water and energy that would otherwise be used to manufacture new products, not to mention keeping textile waste out of landfills — and curating your own unique style in the process.

When you clean out your closet, donate your duds to a local thrift store instead of discarding them. Somewhere, there’s a vintage shopper who will treasure that sparkly mini-dress you wore one long-ago New Year’s Eve.

 

SHOP LOCAL

Why haunt the mall when San Francisco has a plethora of homegrown makers? Eco-friendly apparel defies stereotypes (it’s not just hemp dresses anymore) thanks to independent, multi-brand shops like the Mission District’s Gravel & Gold (www.gravelandgold.com) and new Hayes Valley spot Gather (www.gathersf.com), both of which thoughtfully select products to create a connection with the craftspeople behind the designs. Progressive street style brands like San Franpsycho (www.sanfranpsycho.com) and Oaklandish (www.oaklandish.com) celebrate local love while keeping their manufacturing nearby. You can also find city blocks packed with locally made goods at craft and street fairs like the roving Urban Air Market (www.urbanairmarket.com).

But be wary. A label reading “Made in the US” does not guarantee the garment was produced under fair labor conditions. Despite labor laws, sweatshops still exist on our shores. Be an informed, aware shopper, and make sure your dollars are supporting an ethical company before you make a purchase. *

 

Free Sunday meter plan challenged with environmental review

140

Transit advocacy groups filed an appeal today challenging a controversial vote by the San Francisco Municipal Transportation Agency’s Board of Directors to end paid Sunday meters last month

The appeal contests paid Sunday meters were a benefit to many, and the decision to terminate the program was made without adequate review under the California Environmental Quality Act.

“The enforcement of parking meters on Sunday in San Francisco has been doing exactly what it was designed to do,” the appeal argues, “reduce traffic congestion, reduce greenhouse gas emissions, increase parking availability, and increase revenues in the City and County of San Francisco.”

The appeal was filed by transit groups Livable City, The San Francisco Transit Riders Union, and an individual, Mario Tanev. The appeal will now go to the Board of Supervisors, for a vote to approve or deny review under CEQA.

SFMTA spokesperson Paul Rose told the Guardian, “We’ll take a look at the appeal, but it wouldn’t be appropriate to comment at this time.” The SFMTA had only just recieved notice of the appeal. 

Proponents of paid Sunday meters also spoke at the SFMTA board meeting, shortly before the paid meters were struck down.

Your own studies show meters are beneficial to shoppers and businesses,” Tanev said during public comment. “You could have used this money to support seniors and people with disabilities who clearly need it.” 

And the need from those groups was clear, as over 200 seniors and people with disabilities came to the meeting to advocate for free Muni. The SFMTA board denied the request for free Muni for seniors and disabilities just before voting to approve a budget that included rescinding the paid Sunday meters.

The Sunday meters program brought in $11 million, more than enough money to pay for all of the proposed free Muni programs, as many at the SFMTA meeting pointed out.

Shortly after the vote, SFMTA Board of Directors Chairman Tom Nolan told the Guardian he felt pushed from all sides.

“I’ve been on the SFMTA board for years, and I’ve never felt more pressure,” he said. “This is the hardest budget in the eight years I’ve been on the board.”

At the meeting, many seniors noted the rising cost of living in San Francisco, combined with declining federal assistance and retirement funds, are forcing hard choices on seniors. Many spoke of forgoing doctor’s trips because they could not afford Muni, or of forgoing food in order to afford Muni trips.

“Muni is for everybody, especially those who need it most,” Nolan said. “The testimony was very heartbreaking.”

Embedded below is the CEQA appeal filed against the free Sunday meter decision.

CEQA Appeal – SFMTA Sunday Meter Enforcement by FitztheReporter

Toyota work methods applied at General Hospital

San Francisco’s Department of Public Health has a $1.3 million contract with Seattle-based Rona Consulting Group to implement the Toyota Management System, a workflow methodology based on the auto-manufacturing model, at San Francisco General Hospital.

This new model, which aims for greater workflow efficiency, is being implemented just as healthcare staffers raise concerns that staffing levels at SFGH are dangerously low.

“Nurses often work through their breaks, and they stay after their shifts to get charting done,” said David Fleming, a registered nurse who has been at SFGH for 25 years. “I think nurses are getting the job done – but they’re at the edge.”

A group of healthcare workers spoke out at the May 7 Budget & Finance Committee meeting, during which supervisors discussed the DPH budget. Public employee union SEIU 1021, which represents healthcare workers, is in the midst of contract negotiations but Fleming said they had been grappling with reduced staffing for awhile.

According to a contract request to the Health Commission sent anonymously to the Bay Guardian, DPH entered into a 24-month contract with Rona totaling just over $1.3 million, for the purpose of implementing the Toyota Management System methodology as part of the transition to the new SFGH acute care facility, scheduled to open in December 2015.

The Bay Guardian received a copy of the contract request via BayLeaks, which uses encryption software known as SecureDrop to enable sources to anonymously submit documents.

The $1.3 million came from “General Funds (Rebuild Funds)”, according to the contract request. In 2008, voters approved Prop. A, funding the $887.4 million General Hospital rebuild through general obligation bonds. Use of the voter-approved, taxpayer-supported funds is restricted to hospital construction under a state law that limits the use of bond money to specified purposes.

However, Iman Nazeeri-Simmons, chief operating officer at DPH, said funding for the Rona contract came from a “hospital rebuild transition budget,” which she said provides for needs beyond construction costs.

Specialized consulting to educate hospital staff in the ways of the Toyota Management System doesn’t come cheap. A single meeting between the consultant and “key leaders” to “discuss needs and develop operational project plans” cost $25,225, the document showed. A one-day “visioning session” facilitated by the contractor was priced at $16,814. Five-day workshops fetch Rona $42,032 each. Based on estimates included in the contract request, the consulting firm would earn the equivalent of $4,707 per day.

The $1.3 million consulting contract was awarded even as unions remind city officials of staffing cuts during the economic downturn in 2008 that still have not been restored.

Here’s some video testimony from hospital staffer Heather Bollinger regarding how tough things can get at the General Hospital’s trauma center. “We do have staffing issues, and they do affect patient safety,” she said in public comment to the Health Commission on April 15.

Nato Green, who is representing nurses as a negotiator on behalf of public employee union SEIU 1021, described the staffing levels at SFGH as “unsafe and unsustainable.” There are currently 90 vacancies for nurses that haven’t been filled, he said. That’s a 14 percent vacancy rate, Green noted — typically substituted with traveling nurses, temps, and overtime labor.

Nazeeri-Simmons said the consulting was necessary for the transition to the new SFGH facility, for “doing it in the best way, and understanding there’s a completely different physical environment over there.” Rona is a pioneer in healthcare performance improvement, she said, and they are “leading us in very interactive workflow designs that are simulation-based,” geared toward “maximizing value and driving out waste.”

But does “driving out waste” translate to staffing cuts? “It certainly hasn’t happened here,” Nazeeri-Simmons responded when asked about that. Instead, the consultants have helped management to “right-size services to meet the demand,” she said, noting that wait times in urgent care had been significantly reduced as a result. Decisions such as using a portable X-Ray machine that eliminated the need for patients to walk ten minutes across the hospital grounds had dramatically reduced wait times, she added.

“We need to make sure the staff are working to the highest of their capability,” she added.

Heidi Gehris-Butenschoen, a spokesperson for Rona, said the goal of transforming work practices under the Toyota Management System is to improve patient care. Asked whether the consulting tends to affect staffing levels, Gehris-Butenschoen said, “That’s really up to the hospital. It’s definitely in our workshop not something we focus on. The Toyota system is not about cutting heads at all.”

SFGH has been working with Rona since July 2012. One of the company partners was formerly the CEO of Productivity, Inc., which advised “large-scale transformations for Fortune 100 companies,” according to the contract request. The workflow methodology is rooted in Lean principles, integrating a “just in time” staffing concept that’s been applied in corporate settings such as Walmart.

The Health Commission approved the $1.3 million contract at its Dec. 17, 2013 meeting as part of the consent calendar, which is summarily approved by a single vote.

Fleming, the RN, was skeptical of how much the Lean system had actually accomplished. They had literally “rearranged the furniture” since the program was implemented, he said, and observers had silently monitored staffers’ activities.

“When we work with anyone, we go out to the gemba, and we observe,” Rona’s Gehris-Butenschoen explained, noting that gemba refers to “the place where work happens.” The observations help hospitals identify where waste can be reduced, she added, such as moving a supply cabinet if time is being taken up by crossing the room to get to it.

But Fleming said he wasn’t convinced that applying a corporate efficiency method, borrowed from manufacturing, would provide the greatest benefit in a healthcare setting.

“We are not taking care of cars on an assembly line,” he said. “When it comes to another human being’s body, I don’t know that faster is necessarily better.”

Cycling to City Hall

56

steve@sfbg.com

When the first Bike to Work Day was held in San Francisco 20 years ago, cyclists had little support in City Hall. But on May 8, almost every one of the city’s top political leaders will take part in Bike to Work Day, pledging their support to an increasingly popular and important transportation option.

In fact, Bike to Work Day has become such an anticipated event in San Francisco that city officials and cycling advocates in recent years have used it as the deadline to unveil the latest high-profile bike project to demonstrate the city’s commitment to cycling.

This year, it’s the new contraflow bike lanes on lower Polk Street, an important connection from Market Street to City Hall that helps cyclists avoid dangerous, car-centric Van Ness Avenue or Larkin Street — without having to illegally cut up the one-way section of Polk.

When that $2.5 million bike and pedestrian project — with its attractive landscaping, pedestrian bulb-outs, pretty green lanes, and trio of special bike-only signal lights — was officially opened on May 2, bike activists kept circling the new lanes as if they were doing victory laps.

“I cannot think of a better way to kick off Bike Month in the Bay Area and the 20th anniversary of Bike to Work Day, coming up May 8, than to celebrate what I think is the most beautiful, functional, well-designed, and what is probably going to be the best used piece of bike infrastructure in our city,” San Francisco Bicycle Coalition Director Leah Shahum said at the ribbon-cutting ceremony.

She and the others who spoke at the event praised the city officials who moved quickly to complete this project, calling it a testament to the growing political will to make streets safer and more welcoming for cyclists.

“I will be honest, we put a lot of pressure on to get this done by Bike to Work Day,” Shahum said. “We really wanted to make sure you all and the folks throughout this city could, this year, for the first time in San Francisco’s history, make a safe and comfortable and direct link from Market Street…to City Hall.”

Building high-profile, separated cycletracks to the steps of City Hall seems to symbolically mark the arrival of cyclists into the political mainstream.

 

TIMES HAVE CHANGED

Twenty years ago, California Bicycle Coalition Director Dave Snyder was the head of SFBC, and he was able to persuade only one member of the Board of Supervisors to participate in that first Bike to Work Day.

“I should give a shout-out to Tom Ammiano because he was the first supervisor to care enough to ride on Bike to Work Day, back when the Board of Supervisors didn’t really care about cycling,” Snyder told us. “These days, it’s not uncommon for supervisors to ride for transportation, but back then none did.”

Shahum remembers it as well, back before the SFBC was one of the city’s largest member-based political advocacy organizations.

“Twenty years ago, Bike to Work Day was a fun but sort of lonely event,” Shahum told us, noting how the number of cyclists on the road has exploded in recent years. “Riding on a regular Thursday during rush hour feels like Bike to Work Day used to feel 20 years ago.”

But both Snyder and Shahum said the universal statements of support for cycling that emanate from City Hall these days are only half the battle.

“It’s a good idea to promote bicycling as a mainstream activity, and we won that battle,” Snyder said. “Now, we have to get them to put their money where their mouth is.”

With cycling projects receiving less than 1 percent of the city’s transportation funding, and city officials so far unwilling to pay for the projects that would allow the city to meet its official goal of 20 percent of all vehicle trips being by bike by the year 2020, Snyder said, “We haven’t accomplished that second goal yet.”

“We hear them all talk about investing money in bike infrastructure,” Shahum told us, “but now the decision makers need to do it.”

A report released in December by the Budget and Legislative Analyst’s Office shows that San Francisco spends less per capita on bike infrastructure, at just over $9 annually, than other bike-friendly US cities such as Portland, Minneapolis, and Seattle. And it found the city would need to spend about $580 million to reach its official goal of 20 percent bike mode-share by 2020.

Even meeting the SFMTA’s more moderate Strategic Plan Scenario — which aims to reach 8-10 percent mode-share by 2018 by creating 12 miles of new bike lanes and upgrading 50 existing miles and 50 intersections — would require $191 million. That’s $142 million more than the SFMTA now has budgeted for the work.

 

FUNDING PITCH

At the May 2 event on Polk Street, city officials used the new project to call on voters to approve a pair of transportation funding measure proposed by Mayor Ed Lee for the November ballot — an increase in the vehicle license fee and a $500 million general obligation bond — which the Board of Supervisors will consider later this month.

“Do you guys like what you see here?” SFMTA Director Ed Reiskin told the crowd, eliciting a rousing response. “Would you like to see more of this kind of work all over San Francisco?”

Then Reiskin connected that goal to the fall ballot measures, the lion’s share of which will go to Muni improvements.

“With the funds we have, there’s only so much of this we can do and we know the need is so great to make biking and walking a safer and more attractive means of getting around the city. If we want to do more of this, we’re going to need more support in November,” Reiskin said.

The city has make significant progress on new bike infrastructure in recent years, after a legal challenge of the city’s Bicycle Plan stalled projects for four years. Ben Jose, a spokesperson for the SFMTA, told us the Polk project is the 52nd of 60 bike improvement projects from the Bike Plan.

“And those that are left are signature projects like this one,” Jose said at the event, referring to high-profile bike lanes along Bayshore and Masonic boulevards, on upper Polk Street, and along Second Street that are among the bike projects now in the pipeline. But the city hasn’t yet devoted the resources to completing the city’s bike network.

“We want to do more projects like this with money from the fall ballot measure,” Rachel Gordon, a spokesperson for the Department of Public Works, told us. “We don’t have enough money in our general fund to do these projects and we hear loud and clear the streets need to be safer for bicyclists and pedestrians.”

 

LITTLE PROJECT, BIG GAIN

The new bikes lanes on Polk are only a few blocks, but it is those kinds of small but critical connections that determine whether cycling in the city is safe or scary.

“I want to know that I can bike safety going north and south on Polk Street, which is why I strongly, strongly support our protected bike lanes on Polk Street, so this is super exciting. As a beginning cyclist, these are the kinds of routes I need to see to get out of my car and onto a bike, so I’m really excited this is the direction our city is moving in,” Sup. Jane Kim said at the event.

Reiskin noted how awkward and unsafe it has been to get from Market Street to City Hall or up Polk Street: “Physically, it’s a pretty small project, but it’s so critically important for those of us who do get around by bike.”

Cyclist Shannon Dodge also spoke at the event, describing her previously awkward commute to work from the Mission District to Russian Hill: “It might look like a tiny stretch of bike lanes to most people, but to me and lots of other people it will make a huge difference. It means we can turn now directly onto Polk Street and we can do it safely.”

She also compared cycling in San Francisco today to the days just before Bike to Work Day began.

“Twenty-one years ago this month, I moved to San Francisco from the East Coast. I came in a van with three friends, so I didn’t bring a lot of possessions. But I did bring my bike and I’ve been biking in San Francisco ever since,” Dodge said.

Back then, in her younger days, she didn’t mind battling for space on the streets of San Francisco.

“When I first moved here, just out of college, safety was not that important to me. I kind of enjoyed the adrenaline rush of being out on a bike in traffic,” she said. “But now I’m a mom. I have a 3-year-old son, and my husband and I bike our son to and from his preschool everyday. And on the weekends we explore the city, which usually means he’s on one of our two bikes. Pretty soon, he’ll be riding his own bike out on San Francisco streets. So safety is incredibly important to me, as it is to all families.”

Lawsuit filed to halt “Google bus” shuttle pilot program

17

The road to regulating Google Buses has a new pothole: a lawsuit. 

A lawsuit filed in San Francisco Superior Court today demands the San Francisco Municipal Transportation Agency’s commuter shuttle pilot program be set aside while a full environmental review is conducted under the California Environmental Quality Act.

“We know that these buses are having devastating impacts on our neighborhoods, driving up rents and evictions of long-time San Francisco residents,” Sara Shortt, executive director of the Housing Rights Committee of San Francisco and one of the lawsuit petitioners, said in a press statement. “We’ve protested in the streets and taken our plea to City Hall to no avail. We hope to finally receive justice in a court of law.”

The suit was filed against the City and County of San Francisco, Mayor Ed Lee, the Board of Supervisors, the SFMTA, Google, Genentech, Apple, and a handful of private transportation providers. It alleges the tech shuttle pilot project is in violation of the California Vehicle Code which prohibits any vehicle, except common carriers (public buses), to pull into red zones that are designated as bus stops. It also alleges the city abused its discretion and violated the CEQA by exempting the Shuttle Project from environmental review.

The Coalition for Fair, Legal and Environmental Transit, Service Employees International Union Local 1021, the union’s Alysabeth Alexander, and Shortt are the petitioners of the suit. In early April, they also petitioned the Board of Supervisors to vote for an environmental review of the tech shuttles.

The contentious meeting lasted over 7 hours, with housing advocates and tech workers firing shots from both sides into the night. Ultimately the supervisors voted 8-2 against the environmental review, a move seen as driven by a deferential attitude towards the technology industry in San Francisco. 

Paul Rose, a spokesperson for the SFMTA, responded to the lawsuit in an email to the Guardian.

“The agency developed this pilot proposal to help ensure the most efficient transportation network possible by reducing Muni delays and congestion on our roadways,” Rose wrote.  “We have not yet had a chance to review the lawsuit and it would not be appropriate to comment on any pending litigation.”

The early April vote was only the latest in the city’s alleged deferential treatment towards the commuter shuttles. 

The SFMTA allowed the shuttles to use Muni bus stops for years without enforcing illegal use of red zones, the suit alleges. A study by the city’s Budget and Legislative analyst revealed that out of 13,000 citations written to vehicles in red zones in the last three years only 45 were issued to tech shuttles — despite the SFMTA’s knowledge of 200 “conflicting” bus stops between Muni and the tech shuttles. 

Much has been made of those startling numbers, with petitioners alleging a “handshake deal” on the part of the SFMTA to tech company shuttles, allowing them to park at red zones at will.

But emails the Guardian obtained by public records request show Carli Paine, head of the tech shuttle pilot program, followed up complaints on illegal stops made by tech shuttles since 2010, but to no avail. 

“Know that I have made clear to the shuttle providers that the law says that it is not legal to stop in the Muni Zones,” Paine wrote in a July 2012 email to a colleague who was in contact with tech companies. “Participating in this process does not mean that they are guaranteed not to get tickets–especially if they are doing things that create safety concerns or delay Muni.”

Paine also attempted to clarify enforcement policies around the shuttles with enforcement officers from the SFPD and SFMTA, also to no avail, the emails show.

The deferential treatment to shuttles may not have originated from the SFMTA then, but from higher up the political ladder. 

“There are a number of our supervisors who do not want to buck the tech industry,” Shortt told the Guardian. “They feel there may be more to gain from allowing illegal activity to continue by these corporations than support.”

But does the suit call for the tech shuttles to stop running? We asked Richard Drury, the attorney filing the suit, to explain the specific asks of the suit.

“Not technically no,” Drury said. “They’ve operated illegally for years and the city turned a blind eye. They could continute to do that while the city runs an environmental review, but if the SFMTA or Police Department decided to start ticketing them for $271, they could.” 

So the lawsuit wouldn’t stop the shuttles. It just asks for them to be reviewed. 

Among issues regarding air quality the shuttles’ heavy weight damages city streets at much higher rates than cars, studies by the city’s Budget Legislative Analyst showed. Studies conducted by students and other interested individuals revealed increased rents near shuttle stops, which the filers of the lawsuit say leads to a displacement of residents.

Displacement is a consideration in CEQA reviews, a recent addition to state law.  

“We’re just asking for the city to study the impacts,” Drury said. “Maybe that means the shuttles get clean fuel, or corporations pay to offset displacement of residents.”

Below is a downloadable PDF of the lawsuit.

Google Bus Commuter Shuttle Lawsuit by FitztheReporter

Guardian endorsements

139

OUR CLEAN SLATE VOTERS GUIDE TO TAKE TO THE POLLS IS HERE.

 

Editor’s Note: Election endorsements have been a long and proud part of the Guardian’s 48-year history of covering politics in San Francisco, the greater Bay Area, and at the state level. In low-turnout elections like the one we’re expecting in June, your vote counts more than usual, and we hope our endorsements and explanations help you make the best decisions.

 

GOVERNOR: JERRY BROWN

There is much for progressives to criticize in Jerry Brown’s latest stint as governor of California. He has stubbornly resisted complying with federal court orders to substantially reduce the state’s prison population, as well as shielding the system from needed journalistic scrutiny and reforms of solitary confinement policies that amount to torture. Brown has also refused to ban or limit fracking in California, despite the danger it poses to groundwater and climate change, irritating environmentalists and fellow Democrats. Even Brown’s great accomplishment of winning passage for the Prop. 30 tax package, which eased the state back from financial collapse, sunsets too early and shouldn’t have included a regressive sales tax increase. Much more needs to be done to address growing wealth disparities and restore economic and educational opportunity for all Californians.

For these reasons and others, it’s tempting to endorse one of Brown’s progressive challenges: Green Party candidate Luis Rodriguez or Peace and Freedom Party candidate Cindy Sheehan (see “Left out,” April 23). We were particularly impressed by Rodriguez, an inspiring leader who is seeking to bring more Latinos and other marginalized constituencies into the progressive fold, a goal we share and want to support however we can.

But on balance, we decided to give Brown our endorsement in recognition of his role in quickly turning around this troubled state after the disastrous administration of Arnold Schwarzenegger — and in the hope that his strong leadership will lead to even greater improvement over his next term. While we don’t agree with all of his stands, we admire the courage, independence, and vision that Brown brings to this important office. Whether he is supporting the California High-Speed Rail Project against various attacks, calling for state residents to live in greater harmony with the natural world during the current drought, or refusing to shrink from the challenges posed by global warming, Jerry Brown is the leader that California needs at this critical time.

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

Gavin Newsom was mayor of San Francisco before he ascended to the position of Lieutenant Governor, and we at the Bay Guardian had a strained relationship with his administration, to put it mildly. We disagreed with his fiscally conservative policies and tendency to align himself with corporate power brokers over neighborhood coalitions. As lieutenant governor, Newsom is tasked with little — besides stepping into the role of governor, should he be called upon to do so — but has nevertheless made some worthwhile contributions.

Consider his stance on drug policy reform: “Once and for all, it’s time we realize that the war on drugs is nothing more than a war on communities of color and on the poor,” he recently told a crowd at the Democratic Party convention in Los Angeles. “It is fundamentally time for drug policies that recognize and respect the full dignity of human beings. We can’t wait.” In his capacity as a member of the UC Board of Regents, Newsom recently voted against a higher executive compensation package for a top-level administrator, breaking from the pack to align with financially pinched university students. In Sacramento, Newsom seems to come off as more “San Francisco” than in his mayoral days, and we’re endorsing him against a weak field of challengers.

 

SECRETARY OF STATE: DEREK CRESSMAN

Although the latest Field Poll shows that he has only single-digit support and is unlikely to make the November runoff, we’re endorsing Derek Cressman for Secretary of State. As a longtime advocate for removing the corrupting influence of money from politics through his work with Common Cause, Cressman has identified campaign finance reform as the important first step toward making the political system more responsive to people’s needs. As Secretary of State, Cressman would be in a position to ensure greater transparency in our political system.

We also like Alex Padilla, a liberal Democrat who has been an effective member of the California Senate. We’ll be happy to endorse Padilla in November if he ends up in a runoff with Republican Pete Peterson, as the current polling seems to indicate is likely. But for now, we’re endorsing Cressman — and the idea that campaign finance reform needs to be a top issue in a state and country that are letting wealthy individuals and corporations have disproportionate influence over what is supposed to be a democracy.

 

CONTROLLER: BETTY YEE

The pay-to-play politics of Leland Yee and two other California Democrats has smeared the Assembly. Amid the growls of impropriety, a report by the Center for Investigative Reporting has painted Speaker of the Assembly John Perez, a leading candidate for Controller, with a similar brush. CIR revealed Perez raised money from special interest groups to charities his lover favored, a lover later sued for racketeering and fraud.

Betty Yee represents an opportunity for a fresh start. On the state’s Board of Equalization she turned down campaign donations from tobacco interests, a possible conflict of interest. She also fought for tax equity between same-sex couples. The Controller is tasked with keeping watch on and disbursing state funds, a position we trust much more to Yee’s careful approach than Perez’s questionable history. Vote for Yee.

 

TREASURER: JOHN CHIANG

While serving as California’s elected Controller, John Chiang displayed his courage and independence by refusing to sign off on budgetary tricks used by then-Gov. Arnold Schwarzenegger and some legislative leaders, insisting on a level of honesty that protected current and future Californians. During those difficult years — as California teetered on the brink of bankruptcy, paralyzed by partisan brinksmanship each budget season, written off as a failed state by the national media — Chiang and retiring Treasurer Bill Lockyer were somehow able to keep the state functioning and paying its bills.

While many politicians claim they’ll help balance the budget by identifying waste and corruption, Chiang actually did so, identifying $6 billion by his estimate that was made available for more productive purposes. Now, Chiang wants to continue bringing fiscal stability to this volatile state and he has our support.

 

ATTORNEY GENERAL: KAMALA HARRIS

Kamala Harris has kept the promise she made four years ago to bring San Francisco values into the Attorney General’s Office, focusing on the interests of everyday Californians over powerful vested interests. That includes strengthening consumer and privacy protections, pushing social programs to reduce criminal recidivism rather than the tough-on-crime approach that has ballooned our prison population, reaching an $18 billion settlement with the big banks and mortgage lenders to help keep people in their homes, and helping to implement the Affordable Care Act and the legalization of same-sex marriage in the state.

Harris has maintained her opposition to the death penalty even though that has hurt her in the statewide race, and she brings to the office an important perspective as the first woman and first African American ever to serve as the state’s top law enforcement officer. While there is much more work to be done in countering the power of wealthy individuals and corporations and giving the average Californian a stronger voice in our legal system, Harris has our support.

 

INSURANCE COMMISSIONER: DAVE JONES

We’ve been following Dave Jones’s legislative career since his days on the Sacramento City Council and through his terms in the California Legislature, and we’ve always appreciated his autonomy and progressive values. He launched into his role as Insurance Commissioner four years ago with an emergency regulation requiring health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has continued to do what he can to hold down health insurance rates, including implementing the various components of the Affordable Care Act.

More recently, Jones held hearings looking at whether Uber, Lyft, and other transportation network companies are adequately insured to protect both their drivers and the general public, concluding that these companies need to self-insure or otherwise expand the coverage over their business. It was a bold and important move to regulate a wealthy and prosperous new industry. Jones deserves credit for taking on the issue and he has earned our endorsement.

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

This race is a critical one, as incumbent Tom Torlakson faces a strong challenge from the charter school cheerleader Marshall Tuck. An investment banker and Harvard alum, Tuck is backed by well-heeled business and technology interests pushing for the privatization of our schools. Tech and entertainment companies are pushing charter schools heavily as they wait in the wings for lucrative education supply contracts, for which charter schools may open the doors. And don’t let Waiting for Superman fool you, charter schools’ successful test score numbers are often achieved by pushing out underperforming special needs and economically disadvantaged students.

As national education advocate Diane Ravitch wrote in her blog, “If Tuck wins, the privatization movement will gain a major stronghold.” California ranks 48th in the nation in education spending, a situation we can thank Prop. 13 for. We’d like to see Torlakson advocate for more K-12 school dollars, but for now, he’s the best choice.

 

BOARD OF EQUALIZATION: FIONA MA

Fiona Ma was never our favorite member of the San Francisco Board of Supervisors, and in the California Legislature, she has seemed more interested in party politics and leadership than moving legislation that is important to San Francisco. There are a few exceptions, such as her attempts last year to require more employers to offer paid sick days and to limit prescription drug co-payments. But she also notoriously tried to ban raves at public venues in 2010, a reactionary bill that was rejected as overly broad.

But the California Board of Equalization might just be a better fit for Ma than the Legislature. She’s a certified public accountant and would bring that financial expertise to the state’s main taxing body, and we hope she continues in the tradition of her BOE predecessor Betty Yee in ensuring the state remains fair but tough in how it collects taxes.

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

The race to replace progressive hero Tom Ammiano in the California Assembly is helping to define this important political moment in San Francisco. It’s a contest between the pragmatic neoliberal politics of Board of Supervisors President David Chiu and the populist progressive politics of Sup. David Campos, whom Ammiano endorsed to succeed him.

It’s a fight for the soul of San Francisco, a struggle to define the values we want to project into the world, and, for us at the Bay Guardian, the choice is clear. David Campos is the candidate that we trust to uphold San Francisco’s progressive values in a state that desperately needs that principled influence.

Chiu emphasizes how the two candidates have agreed on about 98 percent of their votes, and he argues that his effectiveness at moving big legislation and forging compromises makes him the most qualified to represent us in Sacramento. Indeed, Chiu is a skilled legislator with a sharp mind, and if “getting things done” — the prime directive espoused by both Chiu and Mayor Ed Lee — was our main criterion, he would probably get our endorsement.

But when you look at the agenda that Chiu and his allies at City Hall have pursued since he came to power — elected as a progressive before pivoting to become a pro-business moderate — we wish that he had been a little less effective. The landlords, tech titans, Realtors, and Chamber of Commerce have been calling the shots in this city, overheating the local economy in a way that has caused rapid displacement and gentrification.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Campos has been a clear and consistent supporter of tenants, workers, immigrants, small businesses, environmentalists — the vast majority of San Franciscans, despite their lack of power in City Hall. Chiu will sometimes do right by these groups, but usually only after being pushed to do so by grassroots organizing and lobbying efforts.

Campos correctly points out that such lobbying is more difficult in Sacramento, with its higher stakes and wider range of competing interests, than it is on the local level. Chiu’s focus on always trying to find a compromise often plays into the hands of wealthy interests, who sometimes just need to be fought and stopped.

We have faith in Campos and his progressive values, and we believe he will skillfully carry on the work of Ammiano — who is both an uncompromising progressive and an effective legislator — in representing San Francisco’s values in Sacramento.

 

ASSEMBLY, DISTRICT 19: PHIL TING

Incumbent Phil Ting doesn’t have any challengers in this election, but he probably would have won our support anyway. After proving himself as San Francisco’s Assessor, taking a strong stance against corporate landowners and even the Catholic Church on property assessments, Ting won a tough race against conservative businessman Michael Breyer to win his Assembly seat.

Since then, he’s been a reliable vote for legislation supported by most San Franciscans, and he’s sponsoring some good bills that break new ground, including his current AB 1193, which would make it easier to build cycletracks, or bike lanes physically separated from cars, all over the state. He also called a much-needed Assembly committee hearing in November calling out BART for its lax safety culture, and we hope he continues to push for reforms at that agency.

 

PROPOSITION 41: YES

Over a decade ago, Californians voted to use hundreds of millions of our dollars to create the CalVet Home and Farm Loan Program to help veterans purchase housing. But a reduction in federal home loan dollars, the housing crisis, and a plummeting economy hurt the program.

Prop. 41 would repurpose $600 million of those bond funds and raise new money to create affordable housing rental units for some of California’s 15,000 homeless veterans. This would cost Californians $50 million a year, which, as proponents remind us, is one-tenth of 1 percent of the state budget. Why let hundreds of millions of dollars languish unused? We need to reprioritize this money to make good on our unfulfilled promises to homeless veterans.

 

PROPOSITION 42: YES

This one’s important. Last year, Gov. Jerry Brown sought to gut the California Public Records Act by making it optional for government agencies to comply with many of the requirements built into this important transparency law. The CPRA and the Ralph M. Brown Act require government agencies to make records of their activities available for public scrutiny, and to provide for adequate notice of public meetings. Had the bill weakening these laws not been defeated, it would have removed an important defense against shadowy government dealings, leaving ordinary citizens and journalists in the dark.

Prop. 42 is a bid to eliminate any future threats against California’s important government transparency laws, by expressly requiring local government agencies — including cities, counties, and school districts — to comply with all aspects of the CPRA and the Brown Act. It also seeks to prevent local agencies from denying public records requests based on cost, by eliminating the state’s responsibility to reimburse local agencies for cost compliance (the state has repeatedly failed to do so, and local bureaucracies have used this as an excuse not to comply).

 

SF’S PROPOSITION A: YES

Prop. A is a $400 million general obligation bond measure that would cover seismic retrofits and improvements to the city’s emergency infrastructure, including upgrades to the city’s Emergency Firefighting Water System, neighborhood police and fire stations, a new facility for the Medical Examiner, and seismically secure new structures to house the police crime lab and motorcycle unit.

The Board of Supervisors voted unanimously to place Prop. A on the ballot, and a two-thirds majority vote is needed for it to pass. Given that San Franciscans can expect to be hit by a major earthquake in the years to come, upgrading emergency infrastructure, especially the high-pressure water system that will aid the Fire Department in the event of a major blaze, is a high priority.

 

SF’S PROPOSITION B: YES

As we report in this issue (see “Two views of the waterfront”), San Francisco’s waterfront is a valuable place targeted by some ambitious development schemes. That’s a good thing, particularly given the need that the Port of San Francisco has for money to renovate or remove crumbling piers, but it needs to be carefully regulated to maximize public benefits and minimize private profit-taking.

Unfortunately, the Mayor’s Office and its appointees at the Port of San Francisco have proven themselves unwilling to be tough negotiators on behalf of the people. That has caused deep-pocketed, politically connected developers to ignore the Waterfront Land Use Plan and propose projects that are out-of-scale for the waterfront, property that San Francisco is entrusted to manage for the benefit of all Californians.

All Prop. B does is require voter approval when projects exceed existing height limits. It doesn’t kill those projects, it just forces developers to justify new towers on the waterfront by providing ample public benefits, restoring a balance that has been lost. San Francisco’s waterfront is prime real estate, and there are only a few big parcels left that can be leveraged to meet the needs of the Port and the city. Requiring the biggest ones to be approved by voters is the best way to ensure the city — all its residents, not just the politicians and power brokers — is getting the best deals possible.

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

Daniel Flores has an impressive list of endorsers, including the Democratic, Republican, and Green parties of San Francisco — a rare trifecta of political party support. But don’t hold the GOP nod against Flores, who was raised in the Excelsior by parents who immigrated from El Salvador and who interned with La Raza Centro Legal while going to McGeorge School of Law. And he did serve in the Marines for six years, which could explain the broad range of support for him.

Flores is a courtroom litigator with experience in big firms and his own practice, representing clients ranging from business people to tenants fighting against their landlords. Flores told us that he wants to ensure those without much money are treated fairly in court, an important goal we support. We also liked Kimberly Williams and hope she ends up on the bench someday, but in this race, Flores is the clear choice.

 

CONGRESS, DISTRICT 12: NANCY PELOSI

This was a hard decision for us this year. Everyone knows that Pelosi will win this race handily, but in past races we’ve endorsed third party challengers or even refused to endorse anyone more often than we’ve given Pelosi our support. While Pelosi gets vilified by conservatives as the quintessential San Francisco liberal, she’s actually way too moderate for our tastes.

Over her 21 years in Congress, she has presided over economic policies that have consolidated wealth in ever fewer hands and dismantled the social safety net, environmental policies that have ignored global warming and fed our over-reliance on the private automobile, and military policies that expanded the war machine and overreaching surveillance state, despite her insider’s role on the House Intelligence Committee.

Three of her opponents — Democrat David Peterson, Green Barry Hermanson, and fiery local progressive activist Frank Lara of the Peace and Freedom Party — are all much better on the issues that we care about, and we urge our readers to consider voting for one of them if they just can’t stomach casting a ballot for Pelosi. In particular, Hermanson has raised important criticisms of just how out of whack our federal budget priorities are. We also respect the work Lara has done on antiwar and transit justice issues in San Francisco, and we think he could have a bright political future.

But we’ve decided to endorse Pelosi in this election for one main reason: We want the Democrats to retake the House of Representatives this year and for Pelosi to once again become Speaker of the House. The Republican Party in this country, particularly the Tea Party loyalists in the House, is practicing a dangerous and disgusting brand of political extremism that needs to be stopped and repudiated. They would rather shut the government down or keep it hopelessly hobbled by low tax rates than help it become an effective tool for helping us address the urgent problems that our country faces. Pelosi and the Democrats aren’t perfect, but at least they’re reasonable grown-ups and we’d love to see what they’d do if they were returned to power. So Nancy Pelosi has our support in 2014.

 

CONGRESS, DISTRICT 13: BARBARA LEE

Barbara Lee has been one of our heroes since 2001, when she was the only member of Congress to vote against the Authorization for the Use of Military Force Against Terrorists, braving the flag-waving nationalism that followed the 9/11 attacks on the World Trade Center and Pentagon to warn that such an overly broad declaration of war was dangerous to our national interests. She endured death threats and harsh condemnation for that principled stand, but she was both courageous and correct, with our military overreach still causing problems for this country, both practical and moral.

Lee has been a clear and consistent voice for progressive values in the Congress for 16 years, chairing both the Congressional Black Caucus and Congressional Progressive Caucus, taking stands against capital punishment and the Iraq War, supporting access to abortions and tougher regulation of Wall Street, and generally representing Oakland and the greater Bay Area well in Washington DC. She has our enthusiastic support.

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

Jackie Speier has given her life to public service — almost literally in 1978 when she was an aide to then-Rep. Leo Ryan and survived the airstrip shootings that triggered the massacre at Jonestown — and she has earned our ongoing support. Speier has continued the consumer protection work she started in the California Legislature, sponsoring bills in Congress aimed at protecting online privacy. She has also been a strong advocate for increasing federal funding to public transit in the Bay Area, particularly to Muni and for the electricification of Caltrain, an important prelude to the California High-Speed Rail Project. In the wake of the deadly natural gas explosion in San Bruno, Speier has pushed for tough penalties on Pacific Gas & Electric and expanded pipeline safety programs. She has been a strong advocate of women’s issues, including highlighting the epidemic of sexual assault on college campuses and in the military, seeking greater protections, institutional accountability, and recourse for victims. More recently, Speier has become a key ally in the fight to save City College of San Francisco, taking on the federal accreditation process and seeking reforms. Speier is a courageous public servant who deserves your vote.

Politics over policy

97

Joe@sfbg.com

Paid Sunday parking meters were unanimously repealed by the San Francisco Municipal Transportation Agency Board of Directors on April 15.

Sunday meters will be free starting July 1, a losing proposition for many, including seniors and people with disabilities who advocated for free Muni passes at the same SFMTA meeting.

There’s a dire need. Betty Trainer, board president of Seniors & Disability Action, relayed a senior’s story printed on one of 500 cards collected by her advocacy group.

“I’m often cold and can’t walk like I used to,” Trainer read aloud. “Most days I’m stuck in my room on my own. Help me out. No one should be a recluse for lack of money.”

In increasingly expensive San Francisco, seniors and people with disabilities often can’t afford to take a bus. They asked the SFMTA board to grant them mobility, but were denied.

Tom Nolan, president of the SFMTA Board of Directors, said it would be a matter of “when, not if” the board would revisit funding free Muni for elderly and disabled passengers, and would likely take up the question again in January.

Yet many who spoke out at the meeting hammered home the point that paid Sunday meters could have easily covered the cost of such a program.

Meanwhile, a SFMTA study found that paid Sunday meters also made life easier for drivers and business proprietors. So why would the SFMTA board vote down a measure with so many benefits?

Ultimately, the decision on Sunday meters stemmed from political pressure from the Mayor’s Office. The vote reflects decision-making not predicated on whether the policy worked or not, but whether it could be sacrificed to gain political leverage.

 

GOOD FOR EVERYBODY

The SFMTA’s December 2013 “Evaluation of Sunday Parking Management” study may not sound like entertaining bedtime reading, but the report identifies surprising biggest winner of the paid Sunday meter program: drivers.

“It is now easier to find parking spaces in commercial and mixed use areas on Sundays,” the report begins. Between 2012 and 2013, the average parking availability on Sunday doubled during metered hours, increasing from 15 percent to 31 percent. Parking search times were lowered as well.

Sunday drivers in 2012 spent an average of 14 minutes circling for a spot; in 2013, the average was dramatically reduced to four minutes.

That created a ripple effect benefiting businesses too, as higher turnover meant more customers cycling through parking spaces, something the business advocates have pointed out.

“You can drive into merchant areas now where you couldn’t before,” Jim Lazarus, senior vice president of public policy at the San Francisco Chamber of Commerce, told us in an interview for a previous story.

Paid Sunday meters also provided sorely needed funding for Muni.

The SFMTA’s most recent budget projection anticipated that paid Sunday meters would yield as much as $11 million. The already approved Free Muni for Youth program and the stalled free Muni for seniors and people with disabilities program would cost Muni about $9 million, all told.

That nearly direct cost correlation could be the reason why the free Muni issue got wrapped into arguments against repealing paid Sunday meters.

“To some people $23 may not be much, but to [seniors], every penny counts,” Pei Juan Zheng, vice president of the Community Tenants Association, told the board. She spoke in Cantonese, through a interpreter. “I know some senior couples who can only afford one Muni pass and share it, taking turns to go on doctor’s visits.”

meterbigSo paid parking meters benefit many diverse constituents, and even SFMTA Executive Director Ed Reiskin publicly favored them. Making Sunday meters free again wasn’t Reiskin’s idea, he told us back in February.

That order came straight from Mayor Ed Lee.

 

POLITICAL MINDS

Lee’s statement to the press the day after the meters were repealed said it all.

“Repealing Sunday parking meters is about making San Francisco a little more affordable for our families and residents on Sunday, plain and simple,” Lee wrote. “Instead of nickel and diming our residents at the meter on Sunday, let’s work together to support comprehensive transportation funding measures this year and in the future that will invest in our City’s transportation system for pedestrians, bicyclists, transit riders and drivers alike.”

Lee’s reasoning doesn’t address Sunday meters as policy, but as political fallout.

Two initiatives seeking funds for Muni are headed for the November ballot. In public statements, Lee repeatedly expressed fear that keeping in place Sunday meter fees, which generate revenue for Muni, would dissuade car-bound voters from supporting more funding for Muni at the polls.

The SFMTA board didn’t even pretend to vote against the measure for its policy merits, instead vocalizing what insiders already knew: Mayor Lee wanted the paid meters killed.

“We need to take a step back and make sure we win in November,” said Joel Ramos, an SFMTA director, moments before the vote.

“I know Mayor Lee has some of the best political minds in his office,” Cheryl Brinkman, another SFMTA director, chimed in. “Lee is certain this will help us in November and help us with our ballot measures.”

It seems these “best political minds” had greater sway in the end than SFMTA’s own policy reports on funding and benefits brought by Sunday meters.

 

VOTING FOR THE MAYOR

The SFMTA Board of Directors is appointed solely by the mayor. Efforts in 2010 to reform the body to be a mix of appointments from the Board of Supervisors and the Mayor’s Office went nowhere.

So as things stand, SFMTA directors’ chances of reappointment depend upon the will of the mayor.

After the SFMTA board voted on Sunday meters, we phoned Brinkman to ask if Lee’s appointment power swayed her vote on paid Sunday meters. She dismissed the idea, saying, “I have really strong confidence in this MTA board.”

But Brinkman did say she was told by the Mayor’s Office, though not the mayor himself, that Lee wanted to “kind of give people a break.”

Past SFMTA directors have run afoul of the mayor’s wishes on parking meter issues before. In 2010, StreetsBlog SF wrote how then-SFMTA director Bruce Oka was called into then-Mayor Gavin Newsom’s office for a stern scolding after he publicly backed extending paid parking meter hours.

“I don’t know if you’ve heard this about the Mayor’s Office, but they tend to be a little aggressive when they want people to be in line with the mayor,” Oka told StreetsBlog SF.

Notably, Lee opted to not reappoint Oka, instead appointing Cristina Rubke, whose sole political experience beforehand was advocating in public comment for the America’s Cup, according to SF Weekly. Oka was unavailable for comment for this story.

It’s not an unreasonable reach to say Oka’s frequent outspoken opposition to the positions of sitting mayors may have cost him his reappointment.

And Oka’s story raises another question: Does the SFMTA genuflect to the wishes of the Mayor’s Office? A look at past SFMTA board votes shows members’ startling consensus with the mayor, and with each other, for an ostensibly political board.

On smaller projects where one may expect political agreement, it’s there: The SFMTA board voted unanimously in 2011 to convert a portion of Haight Street for two-bus lanes, and in 2012 the board voted unanimously to approve Oak and Fell streets bike lanes.

But the board votes unanimously on more politically divisive matters too. Earlier this year, the commuter shuttle pilot program was greeted with controversy centered on Google buses. The packed SFMTA board meeting was perhaps one of the most contentious in recent memory, with those delivering public comment split between favoring the pilot program, or not.

But despite the fractious debate, the board voted unanimously to enact the commuter shuttle pilot program, a project the mayor had publicly championed.

“I don’t want to give anyone the impression that this mayor pressures the MTA board,” Brinkman told us. “This mayor,” she said, “really doesn’t.”

Before the vote, directors Ramos and Brinkman both acknowledged paid Sunday meters offer many benefits for drivers, but said the SFMTA failed to make the political argument for those benefits.

“We need to regroup and better explain parking management,” Brinkman told us in a phone interview. “Not just to the people who park but the Board of Supervisors, and even up to the Mayor’s Office.”

But even the directors who spoke favorably about paid Sunday meters voted to repeal them.

Hours after the public comment session finally wound to an end, it was time for SFMTA board members to vote on Sunday meters. Rather than discussing pros and cons, they swiftly rejected the program. And, in a move that should surprise no one, they voted unanimously.

SFBG Wrap, April 16-23

0

BART FINED FOR WORKERS’ DEATHS

The California Occupational Safety and Health Administration has fined Bay Area Rapid Transit for three “willful/serious” safety violations in connection with the death of two transit workers last October, saying BART is at fault due to a lack of safety measures.

“Safety standards are designed to save lives,” acting Cal/OSHA chief Juliann Sum said in a statement, “and they were not followed.”

The transit workers were killed in the final days of the BART strike. The accident claimed the lives of Christopher Sheppard, a BART manager and member of the AFSCME union, and Larry Daniels, a contractor, who had been inspecting a “dip in the rail” before they were hit by an oncoming train.

The workers were required to go through what’s called a Simple Approval process to get permission to work on the track, but the OSHA citation seized on that process as a dangerous underlying factor in the fatal accident.

“Employer’s control method, namely the ‘Simple Approval’ procedure, does not safeguard personnel working on tracks during railcar movement,” the citation reads. “The employer allowed workers to conduct work on the railway tracks where trains were traveling. The employees had no warning that a train moving at more than 65 miles-per-hour was … approaching the location where they were working.”

BART General Manager Grace Crunican quickly issued a statement. “Passenger and employee safety is our top priority at BART,” Crunican said. “BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million.” She added that Cal/OSHA considered the safety violations to be “abated” in light of these changes, “meaning that none … pose continuing safety hazards.”

Simple Approval has since been terminated, BART spokesperson Alicia Trost told the Guardian. “BART permanently eliminated Simple Approval immediately following the tragic deaths,” she said. “We are also implementing the extra layers of protection for track workers.”

Notably, the two workers were killed during BART management’s attempt to train managers to operate trains during the strike, according to the National Transportation Safety Board, which continues to investigate the incident. (Joe Fitzgerald Rodriguez)

SORRY STATE OF PUBLIC HOUSING

Sup. London Breed has proposed setting aside city funding to renovate vacant and dilapidated public housing units, in an effort to quickly make housing available for homeless families in the face of a dire shortage.

At the April 15 Board of Supervisor’s meeting, Breed cited an anticipated budget surplus and called for the Controller and City Attorney to begin drafting a supplemental budgetary appropriation of $2.6 million, for renovating 172 San Francisco Housing Authority units sitting vacant.

“There are over 40 public housing developments in San Francisco, and given the decades of mismanagement and financial neglect that public housing has endured, many units are currently not available for San Franciscans to live in,” Breed said. “As we grapple with an unprecedented affordability crisis and an acute shortage of housing, particularly affordable housing, these fallow public housing units represent one of our best and cheapest opportunities to make housing available now.” Breed, who represents District 5, previously lived in San Francisco public housing.

The Housing Authority receives its funding through the federal government, but spokesperson Rose Marie Dennis said those federal dollars don’t stretch far enough for the agency to perform routine restoration of vacant units. “We have to work with the resources that we have,” she said.

According to an analysis by Budget & Legislative Analyst Harvey Rose, the city has lost $6.3 million in rent that could have been collected had its empty public housing units been occupied.

The day after Breed floated her proposal for a budgetary supplemental, tragedy struck at Sunnydale, the Housing Authority’s largest housing development, when a deadly fire claimed the lives of a 32-year-old resident and her 3-year-old son. The cause of the fire is under investigation, but a San Francisco Chronicle report noted that the Housing Authority had planned to rebuild Sunnydale for years due to its poor condition.

The following day, April 17, Mayor Ed Lee announced that emergency funding of $5.4 million had been identified through the Mayor’s Office of Housing and Community Development, to address serious deferred maintenance needs — such as busted elevators in apartment complexes where disabled seniors rely on wheelchairs and canes to get around. (Rebecca Bowe)

SUPES OUTFOX LANDLORDS

When the San Francisco Board of Supervisors gave final approval April 15 for legislation to substantially increase landlord payments to tenants in the case of Ellis Act evictions, it reflected a key change designed to counter a recent eviction push by landlords.

Winning approval on a 9-2 vote, with Sups. Mark Farrell and Katy Tang opposed, the legislation increases the current required relocation payments of $5,265 per person or $15,795 per unit (plus an additional $3,510 for those with disabilities or over age 62) up to the equivalent of two years’ rent for a comparable unit. That translates to tens of thousands of dollars.

For example, the Controller’s Office calculates that a family evicted from a two-bedroom apartment in the Mission District rented at $909 per month would be entitled to $44,833 in relocation payment.

The legislation was originally scheduled to go into effect 120 days after passage, in order to give city officials enough time to implement it. But when sponsoring Sup. David Campos heard landlords were rushing to evict tenants prior to the fee increase, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. After getting the green light, Campos amended the measure to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He was initially given 10 days to decide. Since a veto-proof majority approved the legislation, the mayor’s decision is to either grant approval or stall the inevitable, triggering more evictions at lower levels of relocation assistance. (Steven T. Jones)

POLICE TAPES BROUGHT TO LIGHT

Police radio dispatch records from March 21, the night 28-year-old Alejandro Nieto was gunned down in Bernal Heights Park by San Francisco Police Department officers, had been impossible to obtain despite requests from journalists, attorneys, and community members who had ties to Nieto.

Then, incredibly — thanks to a combination of tenacious reporting and the website Broadcastify.com — the radio dispatch audio popped up in a news report on KQED’s website.

Originally captured in real-time by a website works like an automatic police scanner and preserves all files, the recordings offer a rare, behind-the-scenes glimpse of what occurred in the moments leading up to the highly controversial officer-involved shooting.

The SFPD’s account of the incident is that officers opened fire in defense of their own lives because Nieto pointed a Taser at them, causing them to believe he was tracking them with a firearm.

But the audio files that have now surfaced reflect no mention of a suspect brandishing a weapon.

The first mention of a “221” — police code for person with a gun — is to relate a 911 caller’s description of a Latino male suspect, who has “got a gun on his hip, and is pacing back and forth on the north side of the park near a chain-linked fence.” Just before the shooting, a voice can be heard saying over the radio, “There’s a guy in a red shirt, way up the hill, walking toward you guys.” Several seconds later, another voice calmly states, “I got a guy right here.”

Twenty-six seconds after that, a person can be heard shouting, “Shots fired! Shots fired!”

“What’s very telling is that none of the people are saying, the guy had a gun, he pointed it at us,” said attorney Adante Pointer of the law office of John Burris, which is preparing to file a complaint on behalf of Nieto’s family against the SFPD. “It begs the question, did [Nieto] do what they said he did?”

“If this was a righteous shooting,” Pointer added, “then [SFPD] … shouldn’t have any fear of public scrutiny.”

Friends and supporters of Nieto have led marches to protest the shooting and set up a website for ongoing events, justice4alexnieto.org. (Rebecca Bowe)