City Hall

The struggle for housing money at City Hall

24

It’s barely March, and the next election isn’t until June and that’s just primaries and the Democratic County Central Committee, but we just started getting political mail anyway. It’s a piece from the Board of Realtors, denouncing plans for an increase in the real-estate transfer tax “to provide subsidized housing to people who want to live in San Francisco but don’t have the means to do so.” Mayor Ed Lee, the flier says, is backing this “outrageous” plan.

What, exactly, is going on here?

Well, for starters, the mayor is distinctly NOT pushing for an increase in the transfer tax, not right now, anyway. What he is doing is meeting with housing advocates and legislators and trying to come up with a stable source of funding for affordable housing — yes, for families and low-income people, many of them longtime residents who are being forced out by Ellis Act evictions, others of them people who work in the city and would rather live here than commute from Pinole, which everyone with any sense agrees is a good idea.

The problem: For years, San Francisco used Redevelopment Agency tax-increment money for affordable housing. Now that money’s gone, since the governor abolished redevelopment agencies. Actually, the money’s not gone, technically — the increased tax revenue from redevelopment project areas still exists. It’s just that the state is now taking a bunch of it, and other taxing entities like BART and the school district get some of it, and now it’s impossible to send bonds and borrow money against it. So what was once tens of millions for affordable housing is now a few million.

“We might have $20 million a year in the general fund,” said housing activist Peter Cohen. “But that’s compared to the $40 million or $50 million we had in the past, and it still leaves housing short.”

Lee has promised repeatedly to fix that problem, to find a way to make sure that there’s enough money that the nonprofits who build housing can plan and develop for the long term. Right now, it’s being called a Housing Trust Fund, but nobody knows exactly how it will actually work.

Remember: The city’s own General Plan states that 60 percent of all new housing should be available at below market rate. All of the regional growth projections say that San Francisco needs to build more housing — for its own workforce, not just for the rich. (And the local workforce, for all the tech jobs the mayor keeps hyping, is still mostly public-sector workers and service employees, most of whom can’t possibly afford the soaring rents and housing prices in this city.)

A lot of the existing affordable housing money comes from the city’s inclusionary housing law, which mandates that market-rate developers set aside a percentage of their new units (usually 20 percent) for lower-income people. Most developers eschew allowing poor people into their condo enclaves, so they pay a fee into a city fund instead.
But if we’re aiming for 60 percent, and we’re getting (at most) 20 percent, we’re a long ways off. Oh, and the developers are starting to argue that the 20 percent rule is too onerous and they can’t build enough condos for the rich if they have to throw scraps to the poor and middle-class, too.

And some supervisors are squawking about building more housing for the middle class, and right now in a zero-sum game, that means less for low-income people.
This all adds up to a mess for the mayor, and it’s no wonder some advocates are talking about raising the transfer tax — which, after all, is paid by the seller of a residential or commercial building, and while there are absolutely some houses underwater in San Francisco (and there should probably be an exemption in the tax for that situation), overall home prices are rising again, and many, probably most home sales these days involve substantial profit. It’s not a perfect tax, but it’s a tax on a class that is (generally) better off to support a class that is typically not so well off.

Here’s the problem: If the mayor supports a transfer tax, and that’s part of the final package, the realtors and the commericial building owners will no doubt put huge amounts of money into defeating it. That would mean Lee would have to raise a bucket of money and campaign really hard to pass it. But Lee’s demonstrated that he’s not the fighting type; he wants something that nobody serious will oppose. Which is why my sources at City Hall say that he wants the transfer tax off the table.

That could mean that the Housing Trust Fund will be a basic set-aside, a budgetary mandate that a certain amount of money go into a reliable fund for housing. That’s one of the city’s most pressing needs (really, if this becomes a city of just the rich, even those of us who own houses or have rent-controlled apartments won’t want to live here any more. Mayor Larry Ellison? Eeew.) So I’m okay with that. I’m not a big fan of set-asides, but this is the whole future of San Francisco we’re talking about.

So the realtors can take a chill pill — the mayor doesn’t want to get in a fight with you. Sigh.

D5 candidates and constituents scrutinize Olague

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San Francisco’s political lines are in the process of being redrawn. That’s true literally, with the current reconstitution of legislative districts based on the latest census, but it’s also true figuratively: old alliances based on identity and ideology are being replaced with uncertain new political dynamics. And nowhere is that more true than in District 5.

In a recent Guardian, we explored the implications of Sup. Christina Olague’s dual (and potentially dueling) loyalties between Mayor Ed Lee, who appointed her to the job, and the progressive political community with which Olague has long identified. Those seemed to play out yesterday when Olague bucked progressives to be the sixth co-sponsor of Sup. Mark Farrell’s proposed charter amendment to repeal ranked-choice voting for citywide offices.

Already, many of her progressive constituents – even those who have strongly supported her – have been privately grumbling that Olague hasn’t been accessible and expressing doubts about her ability to lead one of the city’s most progressive districts. Olague, who initially returned our calls immediately but said she’d have to get back to us about supporting Farrell’s legislation (I’ll add an update if/when she calls back), adamantly denied that she’s had a slow start.

“We’ve been working with constituents constantly,” she said, rattling off a list of nightly meetings. “I’m in the community all the time, getting coffee with folks…We’re working on multiple issues here.”

Michael O’Connor – who owns The Independent and other businesses and who ran in D5 in 2004 and may run again this year – supports Olague but questions the conventional wisdom that her progressive roots and mayoral support make her a lock for reelection this year.

“Olague is an awesome person and she would be a great supervisor in District 9,” O’Connor said, citing her strong ties to the Mission District and work with the Mission Anti-Displacement Coalition. “But she’s very beatable in D5 because she doesn’t have the deep connections to the community.”

That’s a belief that is shared by others, including London Breed – the executive director of the African American Art & Cultural Center for the last 10 years – who jumped into the race last week and threatened to cut into Olague’s support among Mayor Lee’s supporters.

With Attorney General Kamala Harris and other Lee supporters by her side, Breed cast herself as a more authentic and grassroots representative for the district where she was raised. Or as Harris said, “London understands the challenges and strengths of the district. She is, bar none, the best voice for District 5.”

Left unsaid was the split that her candidacy created among supporters of Lee, whose ascension to Room 200 was engineered largely by former mayor Willie Brown and Chinatown power broker Rose Pak. Brown (along with some of the city’s most influential African American ministers) strongly backed Breed for the D5 appointment, while Pak wanted her ally Malcolm Yeung, although she reportedly got behind Olague in the end.

Breed told us that she was supportive of Olague and that “I’ve been adamant about people giving her a chance and working with her.” But she said that it’s already become “clear that she just doesn’t have what it takes and was probably not going to get there,” based on “the feedback and phone calls I got with the experience people had in meeting her.”

“She’s familiar with planning, but not necessarily with the neighborhood and all its community groups,” Breed said. As for crossing Mayor Lee with her decision to run, Breed told us, “This was a hard decision for me to make because I work with many of these people and have good relationship with him.”

Progressive D5 candidates, such as City College Board President John Rizzo, are waiting to take advantage of votes on which Olague breaks with the progressives to carry water for the mayor. As he told us, “The mayor doesn’t get to make this decision, it’s the voters of this district that will decide.”

Like Breed, Rizzo also emphasized his long ties to the district. “I respect Christina and like Christina, but my connections are very deep,” he said, citing his 26 years of living and working as an environmental activist in the district. “I have a record of going out and taking the initiative and making things happen.”

Thea Selby, president of the Lower Haight Merchants and Neighbors Association, has also been running an active campaign for the D5 job, including highlighting Olague’s split loyalties. “She literally switched camps to help chair the Run Ed Run committee,” she told us. Julian Davis, who ran for D5 supervisor in 2004 and has been rumored to be mulling another run, said that it’s disconcerting just how many elected officials in San Francisco started off with the advantage of being appointed to the office: “It’s not participatory democracy the way we envision it.”

Selby and others will be closely watching how Olague votes this year, and trying to differentiate when those votes are significant (such as being the swing vote to place the challenge to RCV on the ballot) or not (including Olague’s early vote to override Lee’s veto, which fell two votes short of the eight needed). “We need to look and see how she votes on things – and when it matters and when it doesn’t,” Selby said.

Yet already, even before the really big and controversial votes like the upcoming 8 Washington and CPMC projects, Olague is feeling the polar tugs on issues such as bicycling. Many bike advocates are mad that Lee has delayed promised bike lanes on Oak Street and with a rash of tickets that cyclists on the Wiggle have received.

“I’ve long been an advocate of biking, but I know there are issues related to parking in the neighborhood,” Olague told us, straddling the issue. “Parking for some reason is a very controversial issue in the city.”

And where does she come down on the stepped up enforcement of bikes rolling stop signs on the Wiggle? “I want to sit down with the Bike Coalition and see what they think,” Olague said.

Meanwhile, Breed – who is widely considered a political moderate, which could cause her problems winning in D5 – is also trying to position herself as more independent than Olague. “I’m about being progressive,” she told us, citing her recent hiring of a case worker at the AAACC to help young African Americans work through barriers to success. “To me, that’s what being progressive is.”

Breed readily acknowledged her early political support from Brown, who appointed her to the Redevelopment Commission when he was mayor, but said that she would still take a tough stand against Lennar and other developers to ensure the needs of current San Franciscans are being met by new projects.

“I’ve told people, this does not mean you have my support,” Breed said of her political contributors and her support of Lennar’s massive redevelopment of the southeast part of the city. “As my grandmother used to say, all money ain’t good money.”

On Breed’s entrance into the race, Olague told us, “It was expected, so I’m not surprised.” Olague said that she’s begun to set up her election campaign, but that most of her focus has been on getting up to speed at City Hall and in D5: “I’m just trying to focus on the work of the district.”

The case against 8 Washington

35

tredmond@sfbg.com

In city planning terms, it’s a fairly modest project: 134 condos, no buildings more than 12 stories tall, on a 27,000-square-foot site. It’s projected to meet the highest environmental building standards and offers new open space and pedestrian walkways. It’s near Muni, BART, and ferry lines. And the city will collect millions of dollars in new taxes from it.

But the 8 Washington project, which will come before the Planning Commission March 8, has become a flashpoint in city politics, one of the defining battles of Mayor Ed Lee’s administration — and a symbol of how the city’s housing policy has failed to keep pace with the needs of the local workforce.

Put simply, it will create the most expensive condos in city history, housing for the richest of the 1 percent on the edge of the waterfront — and will further push San Francisco toward becoming a city that caters almost entirely to the very wealthy.

So in a city where the growing divide between the 1 percent and the rest of us has become a central issue and where the lack of affordable housing is one of the top civic concerns, 8 Washington is an important test. By any rational standard, this sort of development is the last thing San Francisco needs.

But some of the best-connected lobbyists in the city are pushing it. One of the mayor’s closest allies, Chinatown powerbroker Rose Pak, is a leading advocate — and the final outcome will say a lot about city politics in the Lee administration.

There are all sorts of half-truths and misleading statements by supporters of 8 Washington. Here are the five main reasons the project shouldn’t be approved.

1. It fills no housing need. San Francisco has no shortage of housing for the very rich; the dramatic need, outlined in both regional planning documents and the city’s own General Plan, is for low- and moderate-income housing for the people who actually work in this city (see “Dollars or sense?” 9/28/10). While San Francisco is getting richer by the day, the core workforce — public employees, workers in the hotel and restaurant industry, service workers, construction and trade workers, and a majority of the people in the lower levels of the finance and tech sector — are being priced out of the city. That means more people working here and living far out of town, often commuting by car, in what everyone agrees is an unsustainable situation. Meanwhile, more and more high-paid workers from Silicon Valley are living in San Francisco — again, commuting to distant jobs, either by car or by corporate bus.

The city’s General Plan states that some 60 percent of all new housing built in the city should be below market rate. San Francisco desperately needs housing for its workforce. This type of project simply puts the city deeper in the hole and further from its housing goals.

2. It’s a reward for bad actors. The main developer of this project is Simon Snellgrove, but one of his partners is, by necessity, Golden Gateway, which owns a significant part of the land — and which has been flouting at least the spirit if not the letter of city and state law and costing San Francisco tens of millions of dollars.

As project opponent Brad Paul has noted in written testimony, when Timothy Foo, the current owner, bought the complex from Perini Corp. about 20 years ago, he used a loophole in state law that allowed him to avoid a formal transfer of ownership. That means the property wasn’t re-assessed, costing the city about $1.5 million a year. According to the Assessor’s Office, the deal wasn’t illegal (and these tricks to avoid reassessment are relatively common) but still: He’s costing the city millions by using a loophole not available to most people.

Golden Gateway, which was built in a redevelopment area as middle-class housing, is now renting out apartments as short-term tourist or corporate rentals. There are dozens of examples right now on Craigslist. City law bars the owners of rental housing from converting it to hotel rooms, but a loophole in that law makes what Foo’s outfit is doing technically legal. But he’s clearly violating the spirit of the city ordinance that seeks to protect rental housing from hotel conversions.

One of the main aesthetic complaints about the area — something Snellgrove’s lobbyists have tried to use to support the project — is the ugly fence that now surrounds the Golden Gateway Tennis and Swim Club. But who do you suppose put that fence there?

Do we as a city want to be giving special zoning benefits to companies that try to circumvent tax and housing laws?

3. It’s an environmental disaster. Snellgrove and his architects, Skidmore Owning and Merrill, are seeking LEED platinum certification for the project, saying that its energy-efficiency, water use, and green building materials will make it one of the most sustainable structures in San Francisco. It is, the project website notes, close to all types of public transit.

But LEED doesn’t take into account what the building is used for (see “Is LEED really green,” 7/5/11) — and in this case, the use makes a huge amount of difference.

People who buy multi-million-dollar condos don’t tend to take Muni or BART when they go places. That’s not conjecture, it’s a proven fact. A 2008 study by the American Public Transportation Association notes, bluntly, that wealthier people are more likely to drive cars. When you move into the stratospheric regions of the ultra-rich, that’s even more true. A 2011 report on the Charting Transport website notes: “The very rich tend to shun public transport.”

The current zoning in the area allows for one parking space for every four residential units. Snellgrove is asking for one space per unit — in other words, he figures every single buyer will have a car.

Many of the people who buy these condos won’t be working or even living most of the time in San Francisco. These are condos for world travelers, second and third homes for people who want to spend a few weeks a year in San Francisco. “They aren’t going to be living here all year,” Christina Olague, a former Planning Commission member who is now the District 5 supervisor, told us last July.

If five of the 165 residents of 8 Washington fly in a private or corporate jet from, say, New York to their SF pad once a month, the project will cause the use of jet fuel equivalent to what a normal family would use driving a car for 330 years, Paul noted.

“How many solar panels are needed compensate for burning 396,000 gallons of jet fuel a year?” he asked.

Then there’s the construction issue. If the developer’s projections are correct, as many as 20,000 dump truck runs will be trundling along the Embarcadero for several months, one every two minutes — and it could be happening right as the traffic nightmare called the America’s Cup is hitting the waterfront.

It also goes against some 40 years of waterfront planning policy, all of which as focused on downzoning and creating open space. This would be the first upzoning of San Francisco waterfront property in decades.

4. It will wipe out what is mostly a middle-class recreation facility. The Golden Gateway Tennis and Swim Club will be closed for three years, then (possibly) reopened later as a smaller facility. The club — with two outdoor pools and six tennis courts — sounds like something for the elite, and it’s managed by the upscale Bay Club, but a lot of the users are longtime Golden Gateway residents and seniors. “I would say 30 or 35 percent of the users are seniors,” Lee Radner, chair of Friends of Golden Gateway, told me. Most, he said, are middle-class people, and the expense isn’t that high. “My wife and I pay $3 a day to use the pool,” he said. “I swim every day, and it would cost more than that to use the public pools in the city.” He added: “There are some wealthier people, of course, but many of us are retired and on fixed incomes.”

We’re talking about 90,000 total square feet of outdoor recreation space — which dwarfs the 20,000 square feet of open space the developer promised to provide.

5. The city doesn’t get much out of the deal. In exchange for upzoning the waterfront, creating a big all of buildings and screwing up the city’s housing balance, what does the San Francisco general fund get? Not a lot. The estimates for new tax revenue run about $1.5 million a year of the next 60 years — and when you translate that to what economist call “net present value,” the cash equivalent today of that revenue stream, it’s about $30 million. The Port of San Francisco is talking about creating a special infrastructure financing district — sort of the equivalent of a redevelopment area — to pull that money out in advance, which may not even be legal (since part of the land is a former redevelopment area, the state law that allows these special finance districts may not apply). But even so, a Jan. 14 Port memo suggests that the agency has plans to spend all that money on its own infrastructure — setting up a potential battle between the supervisors and the Port Commission over where the money, if it actually can be collected up front, will go.

Like any developer, Snellgrove will pay into the city’s affordable housing fund — in this case, about $9 million to pay for the equivalent of 27 units. No affordable units will be on site, of course; that would detract from the uber-wealthy ambience of the place. And it’s not clear when those units would be built. “Nobody builds 27-unit buildings any more,” Paul, a former deputy mayor for housing, said. “We’ll have to wait until there’s enough money for a bigger project, somewhere, sometime down the road. That’s what we’re getting here.”

Either way, it’s not a huge benefit for allowing this disaster of a project — and it’s a terrible statement for San Francisco to make. At a time when the mayor has cleared the Occupy protesters — who are talking about how little the rich pay in taxes — off the waterfront, the city is preparing to move in the exceptionally rich, who aren’t paying anywhere near their fair share in tax revenue to local government.

(Nobody knows for sure whether the costs of servicing high-end residential exceed the revenue the city gets from property taxes. In 1971, the Guardian put together the first-ever cost-benefit study for highrise office development, which showed that commercial buildings cost the city more than they paid; that’s been confirmed and demonstrated over the years to the point where it’s hardly even an argument any more. The supervisors ought to ask the city economist or the budget analyst to do the same sort of analysis for luxury condos.)

There’s another element here: Mayor Lee made a point during his campaign to say over and over again that he was an independent thinker, that powerful and influential allies like Rose Pak would not be calling the shots at City Hall. This will be his first major test: Pak and lobbyist Marcia Smolens are working hard to promote 8 Washington. And we’re already getting some disturbing signals out of the mayor’s office.

Lee told us that he has “no thoughts” about the project and hasn’t been paying any attention to it. That’s an odd stance, considering that his own Port Commission is pushing it and staffers in his office are working with the developer. This is a big priority for Pak, and the notion that she has never mentioned it to the mayor defies reason. Board President David Chiu, who talks to the mayor regularly, opposes the project, which is in Chiu’s district.

It’s hard to imagine that anyone who pays attention to local politics could be missing what will be one of the landmark votes this spring on the Planning Commission — which will take up the project March 8 — and the Board of Supervisors.

The mayor, may, indeed, be ignoring everything that supporters and opponents of 8 Washington have said and may be waiting until the Planning Commission vote to take a position. But if he’s just ducking questions because he’s planning to support it, he’s making a big mistake.

This is a chance for San Francisco to go beyond the platitudes about building housing, go beyond the hype about “green” buildings, see through the fraud about community benefits and consider what this really is: A special favor for a developer who wants to cater to the top 1 percent of the 1 percent and move San Francisco even closer to being a city of, by, and for the elite. The only reasonable vote on 8 Washington is No.

Mayor Lee makes demands on SFUSD

9

“You thought you felt an earthquake Sunday night. Actually, that was me.”

Assemblymember Tom Ammiano was on the phone, talking to me about Mayor Ed Lee’s plan to demand some changes in the way the San Francisco Unified School District manages its property — and to hold up the $6 million the city owes the district until that happens. The mayor says there will be “strings attached” to the rainy-day fund money that would normally go to help SFUSD avoid teacher layoffs — and while it’s not exactly clear what those strings are, except that the mayor wants surplus property to be developed or sold, it’s not what Ammiano had in mind when he created the fund as a supervisor.

“The mayor is trying to hold the school district hostage,” Ammiano said. “And it’s not well advised.”

It’s also really odd: For one thing, as School Superintendent Carlos Garcia told me in a phone interview, any money the district got from selling off surplus property would be earmarked for use in facilities development and couldn’t go to pay teachers or prevent program cuts. “He wants to see how we’re using the property, and that’s fine, I’m happy to share that with him,” Garcia said. “But selling property doesn’t help. Even if we sold everything, we’d still need the money from the Rainy Day Fund.”

The district is constantly looking at ways to use its surplus property, and does a study on the topic every two years. But it’s not simple — for one thing, enrollment is growing, and it’s entirely possible that some sites that are now surplus will be needed in the next few years. And Garcia is properly cautious about getting rid of public property without a very good reason.

He’s a little curious, too, about what the mayor has in mind. “This did come a little bit out of the blue,” he told me.

The whole situation creates another disturbing conflict, one I’ve been worried about for years. The mayor’s education advisor, Hydra Mendoza, also sits on the School Board. What happens when the guy who pays her salary at her day job — Mayor Lee — takes a position that’s directly at odds with the interests of the job the voters gave her, as a board member? I see that happening right now, and I don’t know how it’s going to play out.

With any luck, the mayor will come to his senses, cut the check and stop trying to tell the school district how to manage its property. If not, his education advisor is going to be in a bit of a pickle.

Mendoza told me she doesn’t see it that way — in fact, she said she doesn’t think the mayor will really hold up the $6 million. “It’s part of an ongoing conversation,” she told me. “People keep telling the mayor that the school district has all this surplus property and needs to sell it before they get any city money. The mayor is just responding to that, saying ‘is there another source of revenue?’ Because the rainy day fund is going to dry up.

“How that got portrayed as ‘strings’ I don’t know.”

She did say, however, that the mayor “has been very clear that he wants to look at other revenue streams” and wants to see a plan in place to use the surplus property. Even though, of course, it’s not that simple and Mendoza was quick to agree that you can’t just put a tech company in a building that’s part of a school site.

She also insisted that there’s no conflict here. “It works well for me and the district,” she said. “If I wasn’t here, the perception of the district at City Hall would be different.”

But still: We’re very close to a situation where the mayor is on one side of an issue and the school district is on the other, and there’s critical money involved, and Mendoza is in the middle. “We haven’t come to those crossroads,” she said. “I haven’t been put in that situation. We’ve had a lot of civil conversations.”

But it’s out there, and it’s a potential problem.

 

Editorial: The case against the 8 Washington tower

27

Editorial note: In 1971, at the height of the Alvin Duskin anti-highrise battle, the Guardian did a special first ever cost benefit study for high rise office development.

We found that highrises cost the city  more in services than they produce in revenue.  This meant that the commercial high rise boom could be fought on economic grounds, not just aesthietic and environmental grrounds, and the Chamber of Commerce/Big development gang could never adequately refute our findings.  In fact, they are now taken for  granted. So, as the 8 Washington battle is poised to open the floodgates even further for a forest of market rate residential  buildings, it’s time for the city to do its own study to determine the economics of high end  residential buildings.  Does the cost of servicing luxury residential buildings exceed the taxes they pay? We and many others in the neighborhoods are certain that market rate housing doesn’t pay for itself. But the facts are needed and so we urge the supervisors to direct the budget analyst or the city economist to do a similar analysis  for luxury condos.  Below is Executive Editor Tim Redmond’s powerful argument against 8 Washington.

By Tim Redmond

tredmond@sfbg.com

In city planning terms, it’s a fairly modest project: 134 condos, no buildings more than 12 stories tall, on a 27,000-square-foot site. It’s projected to meet the highest environmental building standards and offers new open space and pedestrian walkways. It’s near Muni, BART, and ferry lines. And the city will collect millions of dollars in new taxes from it.

But the 8 Washington project, which will come before the Planning Commission March 8, has become a flashpoint in city politics, one of the defining battles of Mayor Ed Lee’s administration — and a symbol of how the city’s housing policy has failed to keep pace with the needs of the local workforce.

Put simply, it will create the most expensive condos in city history, housing for the richest of the 1 percent on the edge of the waterfront — and will further push San Francisco toward becoming a city that caters almost entirely to the very wealthy.

So in a city where the growing divide between the 1 percent and the rest of us has become a central issue and where the lack of affordable housing is one of the top civic concerns, 8 Washington is an important test. By any rational standard, this sort of development is the last thing San Francisco needs.

But some of the best-connected lobbyists in the city are pushing it. One of the mayor’s closest allies, Chinatown powerbroker Rose Pak, is a leading advocate — and the final outcome will say a lot about city politics in the Lee administration.

There are all sorts of half-truths and misleading statements by supporters of 8 Washington. Here are the five main reasons the project shouldn’t be approved.

1. It fills no housing need. San Francisco has no shortage of housing for the very rich; the dramatic need, outlined in both regional planning documents and the city’s own General Plan, is for low- and moderate-income housing for the people who actually work in this city (see “Dollars or sense?” 9/28/10). While San Francisco is getting richer by the day, the core workforce — public employees, workers in the hotel and restaurant industry, service workers, construction and trade workers, and a majority of the people in the lower levels of the finance and tech sector — are being priced out of the city. That means more people working here and living far out of town, often commuting by car, in what everyone agrees is an unsustainable situation. Meanwhile, more and more high-paid workers from Silicon Valley are living in San Francisco — again, commuting to distant jobs, either by car or by corporate bus.

The city’s General Plan states that some 60 percent of all new housing built in the city should be below market rate. San Francisco desperately needs housing for its workforce. This type of project simply puts the city deeper in the hole and further from its housing goals.

2. It’s a reward for bad actors. The main developer of this project is Simon Snellgrove, but one of his partners is, by necessity, Golden Gateway, which owns a significant part of the land — and which has been flouting at least the spirit if not the letter of city and state law and costing San Francisco tens of millions of dollars.

As project opponent Brad Paul has noted in written testimony, when Timothy Foo, the current owner, bought the complex from Perini Corp. about 20 years ago, he used a loophole in state law that allowed him to avoid a formal transfer of ownership. That means the property wasn’t re-assessed, costing the city about $1.5 million a year. According to the Assessor’s Office, the deal wasn’t illegal (and these tricks to avoid reassessment are relatively common) but still: He’s costing the city millions by using a loophole not available to most people.

Golden Gateway, which was built in a redevelopment area as middle-class housing, is now renting out apartments as short-term tourist or corporate rentals. There are dozens of examples right now on Craigslist. City law bars the owners of rental housing from converting it to hotel rooms, but a loophole in that law makes what Foo’s outfit is doing technically legal. But he’s clearly violating the spirit of the city ordinance that seeks to protect rental housing from hotel conversions.

One of the main aesthetic complaints about the area — something Snellgrove’s lobbyists have tried to use to support the project — is the ugly fence that now surrounds the Golden Gateway Tennis and Swim Club. But who do you suppose put that fence there?

Do we as a city want to be giving special zoning benefits to companies that try to circumvent tax and housing laws?

3. It’s an environmental disaster. Snellgrove and his architects, Skidmore Owning and Merrill, are seeking LEED platinum certification for the project, saying that its energy-efficiency, water use, and green building materials will make it one of the most sustainable structures in San Francisco. It is, the project website notes, close to all types of public transit.

But LEED doesn’t take into account what the building is used for (see “Is LEED really green,” 7/5/11) — and in this case, the use makes a huge amount of difference.

People who buy multi-million-dollar condos don’t tend to take Muni or BART when they go places. That’s not conjecture, it’s a proven fact. A 2008 study by the American Public Transportation Association notes, bluntly, that wealthier people are more likely to drive cars. When you move into the stratospheric regions of the ultra-rich, that’s even more true. A 2011 report on the Charting Transport website notes: “The very rich tend to shun public transport.”

The current zoning in the area allows for one parking space for every four residential units. Snellgrove is asking for one space per unit — in other words, he figures every single buyer will have a car.

Many of the people who buy these condos won’t be working or even living most of the time in San Francisco. These are condos for world travelers, second and third homes for people who want to spend a few weeks a year in San Francisco. “They aren’t going to be living here all year,” Christina Olague, a former Planning Commission member who is now the District 5 supervisor, told us last July.

If five of the 165 residents of 8 Washington fly in a private or corporate jet from, say, New York to their SF pad once a month, the project will cause the use of jet fuel equivalent to what a normal family would use driving a car for 330 years, Paul noted.

“How many solar panels are needed compensate for burning 396,000 gallons of jet fuel a year?” he asked.

Then there’s the construction issue. If the developer’s projections are correct, as many as 20,000 dump truck runs will be trundling along the Embarcadero for several months, one every two minutes — and it could be happening right as the traffic nightmare called the America’s Cup is hitting the waterfront.

It also goes against some 40 years of waterfront planning policy, all of which as focused on downzoning and creating open space. This would be the first upzoning of San Francisco waterfront property in decades.

4. It will wipe out what is mostly a middle-class recreation facility. The Golden Gateway Tennis and Swim Club will be closed for three years, then (possibly) reopened later as a smaller facility. The club — with two outdoor pools and six tennis courts — sounds like something for the elite, and it’s managed by the upscale Bay Club, but a lot of the users are longtime Golden Gateway residents and seniors. “I would say 30 or 35 percent of the users are seniors,” Lee Radner, chair of Friends of Golden Gateway, told me. Most, he said, are middle-class people, and the expense isn’t that high. “My wife and I pay $3 a day to use the pool,” he said. “I swim every day, and it would cost more than that to use the public pools in the city.” He added: “There are some wealthier people, of course, but many of us are retired and on fixed incomes.”

We’re talking about 90,000 total square feet of outdoor recreation space — which dwarfs the 20,000 square feet of open space the developer promised to provide.

5. The city doesn’t get much out of the deal. In exchange for upzoning the waterfront, creating a big all of buildings and screwing up the city’s housing balance, what does the San Francisco general fund get? Not a lot. The estimates for new tax revenue run about $1.5 million a year of the next 60 years — and when you translate that to what economist call “net present value,” the cash equivalent today of that revenue stream, it’s about $30 million. The Port of San Francisco is talking about creating a special infrastructure financing district — sort of the equivalent of a redevelopment area — to pull that money out in advance, which may not even be legal (since part of the land is a former redevelopment area, the state law that allows these special finance districts may not apply). But even so, a Jan. 14 Port memo suggests that the agency has plans to spend all that money on its own infrastructure — setting up a potential battle between the supervisors and the Port Commission over where the money, if it actually can be collected up front, will go.

Like any developer, Snellgrove will pay into the city’s affordable housing fund — in this case, about $9 million to pay for the equivalent of 27 units. No affordable units will be on site, of course; that would detract from the uber-wealthy ambience of the place. And it’s not clear when those units would be built. “Nobody builds 27-unit buildings any more,” Paul, a former deputy mayor for housing, said. “We’ll have to wait until there’s enough money for a bigger project, somewhere, sometime down the road. That’s what we’re getting here.”

Either way, it’s not a huge benefit for allowing this disaster of a project — and it’s a terrible statement for San Francisco to make. At a time when the mayor has cleared the Occupy protesters — who are talking about how little the rich pay in taxes — off the waterfront, the city is preparing to move in the exceptionally rich, who aren’t paying anywhere near their fair share in tax revenue to local government.

(Nobody knows for sure whether the costs of servicing high-end residential exceed the revenue the city gets from property taxes. In 1971, the Guardian put together the first-ever cost-benefit study for highrise office development, which showed that commercial buildings cost the city more than they paid; that’s been confirmed and demonstrated over the years to the point where it’s hardly even an argument any more. The supervisors ought to ask the city economist or the budget analyst to do the same sort of analysis for luxury condos.)

There’s another element here: Mayor Lee made a point during his campaign to say over and over again that he was an independent thinker, that powerful and influential allies like Rose Pak would not be calling the shots at City Hall. This will be his first major test: Pak and lobbyist Marcia Smolens are working hard to promote 8 Washington. And we’re already getting some disturbing signals out of the mayor’s office.

Lee told us that he has “no thoughts” about the project and hasn’t been paying any attention to it. That’s an odd stance, considering that his own Port Commission is pushing it and staffers in his office are working with the developer. This is a big priority for Pak, and the notion that she has never mentioned it to the mayor defies reason. Board President David Chiu, who talks to the mayor regularly, opposes the project, which is in Chiu’s district.

It’s hard to imagine that anyone who pays attention to local politics could be missing what will be one of the landmark votes this spring on the Planning Commission — which will take up the project March 8 — and the Board of Supervisors.

The mayor, may, indeed, be ignoring everything that supporters and opponents of 8 Washington have said and may be waiting until the Planning Commission vote to take a position. But if he’s just ducking questions because he’s planning to support it, he’s making a big mistake.

This is a chance for San Francisco to go beyond the platitudes about building housing, go beyond the hype about “green” buildings, see through the fraud about community benefits and consider what this really is: A special favor for a developer who wants to cater to the top 1 percent of the 1 percent and move San Francisco even closer to being a city of, by, and for the elite. The only reasonable vote on 8 Washington is No.

SF Chamber poll distorts the facts…again

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The San Francisco Chamber of Commerce this week released its annual City Beat poll – promoting its results at the top of its website and feeding it to media outlets such as the San Francisco Examiner, which faithfully reported its finding, apparently without seeking underlying data – and once again the poll was marred by distortions and hidden agendas.

For example, the Chamber claims that 58 percent of the poll’s 500 respondents prefer runoff elections (up from 52 percent in 2011) and 31 percent prefer ranked-choice voting (down from 42 percent last year), with the balance refusing to answer or saying they don’t know. But what the Chamber doesn’t say is that voters were read a series of arguments for each system first, and the anti-RCV statement contained a flat-out inaccuracy.

“Critics of ranked choice voting say that it is a confusing system that results in lower voter turnout – as the last Mayoral election had the lowest overall voter turnout in more than 35 years. They say candidates are getting elected with extremely low number of votes which doesn’t represent the true will of the voters. Instead of ranked choice voting, they propose having run-off elections so that voters have a clear choice on something as important as Mayor,” the statement read.

Yet it’s simply not true that November’s 42.47 percent turnout was the lowest in 35 years (as you can see here). Off-year elections have far lower turnouts, as did the last mayoral election in 2007, which had a turnout of 35.6 percent. Even the hotly contested, pre-RCV November mayoral election of 2003 had a turnout of 45.67 percent, just a few percentage points higher that the low turnout that the question implies that RCV causes.

But Jim Lazarus, the Chamber’s vice president of public policy, won’t concede the error, telling the Guardian that respondents understand the statement to apply to only closely contested mayoral elections. “We believe the average voter realizes a competitive race is what we’re talking about,” Lazarus said, dismissing the 2007 mayor’s race as uncompetitive.

Yet Rob Richie, executive director of FairVote, which supports RCV, said the poll was deceptive and seems designed to achieve results that are consistent with public policy stands that the Chamber has taken. “I think they do a better job of making their arguments than the RCV arguments,” he said.

“Supporters of ranked choice voting say it gives voters more choices and does not force voters to vote twice in just five weeks on the same contest. They say it has resulted in more diverse representatives for the city. They also say that it encourages campaigns to find common ground and ways to work together because they must win supporters of other candidates,” reads the polling statement.

Richie concedes that supporters of RCV have made these statements, but he said they aren’t the strongest arguments or the ones they generally tend to lead with, such as how big spending by well-funded independent expenditure groups tend to dominate the low-turnout runoff elections, which more conservative candidates win every time in San Francisco.

But Lazarus claims the Chamber was trying to honestly gauge public opinion, not influence it in favor of Chamber positions. “We didn’t skew it, we’re trying to get honest answers,” he told us. “It doesn’t do us any good to fake the outcomes. We aren’t doing this for PR reasons or press releases.”

Yet many of the issues the poll dealt with are active campaigns in which the Chamber is trying to influence the decisions made at City Hall, such as its longstanding crusade to repeal the city’s payroll tax. In the poll results, 57 percent of respondents said the supported a “payroll tax decrease from 1.5 percent to 1 percent, making up the difference with other revenues.” In the Examiner story, the paper even deleted that last crucial clause.

Yet what neither the Chamber nor the Examiner told readers was that the question was set up with this statement: “It has also been suggested that reforming the city’s payroll tax system could spur job growth. I would like to read you some potential tax reforms that have been suggested to help spur job growth.”

But even with that repetition of “spur job growth” as a prompt, only 25 percent of respondents agree with the crusade of the Chamber and its allies in City Hall to “Eliminate the payroll tax all together, replacing lost revenue with higher license fees and taxes on businesses.”

On the half-dozen tax measures the poll asked about, none of which received majority support, the questions were set up with this statement, “Some members of the Board of Supervisors have suggested a vote on new taxes may be necessary to help solve this budget deficit,” referring to the oft-demonized legislative body that enjoyed 45 percent in this poll, rather than Mayor Ed Lee, who has made similar suggestions and enjoys 68 percent support.

The poll was conducted by David Binder Research, and Binder was out-of-town and unavailable to answer questions. Lazarus said the language in the questions was jointly developed by Binder and the Chamber.

Teachers, students demand funding for education

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People across the Bay Area joined in the National Day of Action to Defend Public Education March 1, with rallies at Berkeley City Hall, UC Berkeley, Oakland City Hall, SF State, and at the State Building on Golden Gate Ave.  Demonstrators at UC Santa Cruz shut down the campus for the day demanding well-funded and quality public education.

At the State building, about 100 engaged in civil disobedience, entering the building’s large lobby for a teach-in on the importance of public education. Speakers included teachers and students from several local schools, including City College of San Francisco, San Francisco State University, and Mission High School.

Around 4 p.m, most left the building to go two blocks down the street to Civic Center Plaza, where about 400 converged to share stories of hardship in affording education and voice demands.

Students from local elementary schools express their concerns at the Civic Center rally to defend public education. Video by Carol Harvey

The day of action was supported and shaped in part by Occupy groups throughout the country, including, here in the city, Occupy SF, Occupy SF State and Occupy CCSF. But unlike most occupy-affiliated demonstrations, speakers March. 1 urged the crowd to support specific policies; initiatives that may go to the ballot in November.

Specifically, the group expressed support for the Millionaire’s Tax measure. If the measure passes, California residents earning $1 million per year would pay an additional three percent in income taxes; those making $2 million or make per year would add five percent. 60 percent of funds raised would go towards education.

There are several competing ballot initiatives to fund education, including one proposed by Governor Jerry Brown. According to a recent Field Poll, the Millionaire’s Tax polls the highest, with 63 percent support.

Some protesters also expressed support for the Tax Oil to Fund Education Initiative.

Support for both measures was one of the demands on a demand letter distributed throughout the events. Activists began the protest with lobbying at the offices of state legislators, and convinced four aides to fax the demand letter to their representatives, including Leland Yee, Mark Leno, Fiona Ma, and Tom Ammiano.

However, some protesters at the State Building teach-in emphasized that legislation would not solve the whole problem.

“This issue is bigger than just taxes. The same power structure that is causing the destruction of our educational system is also destroying the face of the planet that we live on. It’s destroying our personal relationships with one another and all of our brothers and sisters around the world,” said Ivy Anderson, a 2011 SF State graduate and organizer with the environmental group Deep Green Resistance.

The event was peaceful and lasted only a few hours. When the state building closed at 6 p.m., 14 remained inside, continuing to “occupy.” Police issued a dispersal order shortly after six o’ clock, and by 6:40, 13 had been cited on-site and released, according to SF occupier Joshua.

At that point, several raced to board buses down the block, joining about 100 others who began a march to Sacramento. Known as the “99 Mile March for Education,” protesters plan to walk about 20 miles a day until arriving in Sacramento March 5 to take their demands for accessible education to the governor.

According to Joshua, the conflict-free day was a success.

“We had a great rally, and I thought it was an excellent lead-up to Sacramento,” said Joshua.

“But the capitol is obviously going to be a bigger fish.”

Mayor Lee praises the importance of nightlife to SF

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Addressing a gathering of nightlife advocates at a California Music and Culture Association event last night, Mayor Ed Lee praised the economic and cultural role that the entertainment industry plays in San Francisco, announced plans to add a “nightlife unit” in the Mayor’s Office of Economic and Workforce Development, and even hinted that Halloween in the Castro might be returning after being shut down during the city’s so-called “war on fun.”

“If I’m going to be about jobs,” he said, referring to his near-constant emphasis on economic development, “it should be both for the day and for the night…I do recognize this as a business, as a serious contributor to the economic engine of city.”

Lee referenced the new Controller’s Office report that was requested by Sup. Scott Wiener, which concludes that the nightlife industry generates about $4.2 billion in annual economic activity in the city (that report will be the subject of a rally and hearing on Monday at City Hall starting on the steps at noon). And he said that the benefits of a vibrant nightlife scene also help make San Francisco an appealing city for other businesses, an indirect economic benefit.

“You’re all part of a great part of the city that keeps everyone refreshed,” Lee said, later adding, “I think we can do more at night. The young people who work gobs of hours need to have an entertaining evening.”

As he announced plans to add a nightlife unit to OEWD, the office that works with private companies looking to locate or expand here, he said, “We, as government, need to fast-track things that are successful.” Yet he also said that public safety is still a challenge and called for the industry to work closely with police to keep everyone safe.

Yet Lee spoke positively about Halloween in the Castro, a once-popular event that was canceled because Mayor Gavin Newsom and then-Sup. Bevan Dufty (who Lee recently hired as his new homeless czar) feared the city couldn’t control it, and Lee alluded to plans being developed to revive it in some form. “I hate to see any event that brought so many people to the city gone,” he said.

The event was held at The Grand, a club owned by CMAC board member and new Entertainment Commissioner Steven Lee. CMAC was formed two years ago in response to crackdowns on SF nightlife by city and state officials.

Death penalty could go before California voters in November

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It appears that California voters will get a chance to abolish the death penalty this November, and that supporters of the proposed ballot measure will use mostly fiscal and public safety arguments to pick away at the majority of state residents that polls have shown still support capital punishment.

The group SAFE (which stands for Savings, Accountability, Full Enforcement) California this morning held press conferences in San Francisco and three other cities to announce that it is turning in more than 800,000 voter signatures (504,764 are needed) to qualify a measure that would make life in prison without the possibility of parole the maxiumum sentence in California. It would also spare the 720 inmates now on death row in San Quentin Prison, converting their sentences to life in prison.

“We make history today. This is the first time that voters in California will have the opportunity to replace the death penalty with life in prison without the possibility of parole,” LaDoris Cordell, a retired Santa Clara County Superior Court judge, said at San Francisco City Hall.

She was flanked by Sups. Scott Wiener and Christina Olague and other supporters of the measure, as well to two visuals showing a county-by-county breakdown of the unsolved homicides and rapes in California. San Francisco ranks near the top in both categories, with 58 percent of murders (450) and 70 percent of reported rapes (1,236) going unsolved between 2000 and 2009.

“The money to catch these murderers and rapists is not there because it is on death row,” Cordell said, noting that the state wastes an estimated $184 million per year on capital punishment, a figure that represents the roughly $100,000 more per year it costs to house someone on death row versus in the normal prison population and the cost of lifetime legal representation and appeals to which condemned prisoners are entitled.

They argue that in a cash-strapped state, that money could be put to better use solving crimes and supplementing police budgets, with Wiener calling for state residents “to be rational in our approach to public safety and end the death penalty in California.”

Most studies on capital punishment have shown that it does not act as a crime deterrent and that it does not save money, so most arguments supporting it have been emotional ones offered by grieving families or law enforcement officials describing the heinous details of crimes. 

SAFE California seemed to be trying to preempt those appeals with speeches in San Francisco by three other supporters of the measure: Jeanne Woodford, the former San Quentin warden who now runs Death Penalty Focus; Obie Anthony, who was wrongfully accused of murder and exonerated last year after serving 17 years in prison; and Deldelp Medina, whose aunt was murdered by her cousin during a psychotic breakdown and faced capital punishment.

Woodford oversaw four executions at San Quentin and said she and other corrections workers were plagued by the questions of whether the person they were executing was innocent and whether state-sanctioned killing was really making the world safer: “No public employee should ever carry that burden, because I can tell you the system is flawed.”

Many studies have shown the criminal justice system is often biased against African Americans like Anthony. “At the age of 19, I was charged and faced with a murder I did not commit,” said Anthony, who was convicted based on eyewitness testimony of a pimp who later admitted that he was lying to get leniency in his own criminal charges, a deal with police that jurors never learned about.

“I’m living proof that terrible mistakes can happen and there is no perfect system,” Anthony said.

Medina told another story common to California’s flawed justice system, that of overzealous prosecutors seeking to appear tough, often for political reasons, being matched against overburdened public defenders who often lack the resources to properly defend poor people accused of serious crimes.

She noted how the death penalty gets “trotted out as a show pony in every election cycle” by politicians using the families of crime victims. But the reality is that vengeance isn’t a healthy emotion, and she said that capital punishment does little to heal a family’s pain: “The death penalty is an empty promise to the families of victims.”

Cordell said that capital punishment, which often takes 25 years to occur once all the appeals are exhausted, simply prolongs the survivors’ pain. “A quarter of a century is not justice for these families,” she said. And with the high cost of capital punishment exacerbating government funding shortfalls and inherent flaws in the court system, she said, “Justice in our criminal justice system is in grave peril.”   

Key redistricting meeting March 7

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The Redistricting Task Force, which is drawing new lines for the Board of Supervisors, meets March 7 at City Hall, and supporters of the Community Unity Plan map will be presenting the proposal and making the case for a set of lines that dozens of community-based organizations have spent months putting together. The idea is to look not just at any one district but a the city as a whole — and to ensure that the downtown types, who would like to corral all the progressive voters into a handful of districts, don’t get their way.

The meeting’s at 6 pm in Room 406. If you want to check out the latest version of the Community Unity Map, it’s here. If you click on it, you can expand it and see where all the street boundaries are. The current districts are oulined in dark black lines; the proposed districts are in color.

The war is over. Fun won.

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steve@sfbg.com

>>Read Sup. Scott Weiner’s op-ed on SF nightlife here

Two years ago, the war on fun that the Bay Guardian had been chronicling and decrying since 2006 — involving overzealous cops, NIMBY neighbors complaining about noise, escalating fees on outdoor events, and politicians scapegoating nightclubs for urban violence –- seemed to be reaching a peak of official intolerance.

The San Francisco Police Department and California Department of Alcoholic Beverage Control were running amok, with an especially troublesome pair of enforcers harassing disfavored club owners and guests, getting rough with patrons at private parties, and seizing laptop computers from DJs and cameras from those who documented the abuses (see “The new War on Fun,” 3/23/10). Then-Mayor Gavin Newsom and then-Police Chief Heather Fong and their underlings only fed the conflict with brash statements and by refusing to support the nightlife industry.

But today, all involved say the situation has turned completely around, with the nightlife industry asserting its importance to San Francisco’s culture and economy and getting key support from a new generation of political leaders. It may be too early to say the war on fun is over, but everyone is certainly enjoying a welcome cease-fire.

Police Chief Greg Suhr has longstanding relationships with many leaders in the nightlife community -– and he’s someone who says that he goes out regularly and has a son who plays drums for a local band.

“I consider many of the people in the entertainment community to be personal friends,” Suhr told us. “And if there’s a problem, I don’t think anyone has been shy about approaching me personally.”

At the same time, the industry has taken on a higher political profile in town since forming the California Music and Culture Association two years ago during the height of the conflicts with the city and the ABC. The group now has monthly meetings with a nightlife liaison that Suhr has assigned to work through issues.

“The lines of communication are open. Despite some differences in opinion, there is a growing sense of trust and respect that is developing in these meetings,” CMAC co-chair Alix Rosenthal told us.

Rather than bashing the nightclubs as a source of trouble, political officials have been openly courting CMAC, which holds regular public events and forums on nightlife issues, including an “Industry Cocktail Hour with Mayor Ed Lee” on the evening Feb. 29 from 5-7 p.m. at The Grand, a club owned by the newest Entertainment Commission member, Steven Lee.

Sup. Scott Wiener has also been a strong advocate for nightlife issues, and has commissioned a city study on the economic benefits of the nightlife industry, which he discusses in this week’s Guardian Op-ed and which will be the subject of March 5 rally and hearing at City Hall.

Preliminary results in the study, with was conducted by City Economist Ted Egan, show that the nightlife industry generates $4.2 billion in annual spending, $55 million in taxes, and employs 48,000 people. And those figures don’t include outdoor events such as street fairs or the Outside Lands Festival, which another recent study by concert organizers found generated $60.6 million in San Francisco and $6.6 million in surrounding communities last year.

“People coming into the city to enjoy themselves is our number one industry,” Suhr said, noting how important it is to balance public safety concerns with support for the city’s cultural and entertainment offerings.

Rosenthal said CMAC was happy that Wiener commissioned the study. “This study is going to be helpful,” she said. “We’ll have hard data to show how much the entertainment economy contributes to San Francisco’s entire economy.”

Agrarian visions

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By Cynthia Salaysay

arts@sfbg.com

VISUAL ART Artists are makers, though rarely of history. But Fernando García-Dory and Amy Franceschini, two internationally recognized artists, seem to have a gift for it. “Perhaps,” García-Dory says, “when you start with a long perspective on history, you start to make history as well.”

At the David Brower Center’s Hazel Wolf Gallery, their joint show “Land, Use” presents work that is whimsical and futuristic, yet rooted in traditional agricultural values. It’s like Disney’s Tomorrowland — but on an urban farm, where wheelbarrows are pedal-powered. Or on the rolling green pastures of Spain, where sheep wear GPS transmitters around their necks.

Franceschini is one of San Francisco’s own. Her Victory Garden project in 2007 caught the fancy of SF City Hall, with pieces like Trike — a part-cycle, part-wheelbarrow, designed to contain all the supplies necessary to build a small garden. Soon the city began encouraging its residents to grow food, as it did in World War II. City Hall was decked out in raised garden beds, and residents throughout the city began their own vegetable patches.

García-Dory, from Madrid, has worked extensively with the dwindling Basque shepherds of the Pyrenees, where they have lived for centuries. His images and films portray white-haired men stacking golden cheese in ancient caves, or facing the wind, shearing one of their grim-faced flock.

The images come from the Shepherds School he created, and from his World Gathering of Nomadic Peoples (2005), in which shepherds and goatherds around the world came together to talk about their way of life, which has become so rarified in these modern times.

García-Dory’s work, in part, uses new technology to protect mobile pastoralism, as it’s called. His piece Bionic Sheep sits in the foyer of the gallery. The device emits ultrasound waves to repel wolves, as shepherds in Spain are no longer allowed to kill them to protect their flock. It also has a GPS so shepherds can keep track of their flock without being chained to the pasture. “They can stay at the bar, and have another beer,” Dory explains.

Adds Franceschini, “The role of art for us is, in part, utility. It has this negative connotation in the art world, but I think for us it’s important for the work we’re doing to be useful.”

Their first collaboration, Shepherd’s Wagon, a Blueprint, is “like the blueprint for a molecule that was sent on the Voyager shuttle to Jupiter,” says García-Dory. “It’s a way of saying, ‘Here, it’s a model, and it can be reproduced.'”

A canopy reaches out over the gallery, mimicking the awning of a shepherd’s wagon, where they sleep. Wooden chairs and a communal table fold down from the wall. As part of the installation, Franceschini and García-Dory invited young farmers, shepherds, and naturalists to sit together beneath their fragile roof. The forum’s purpose: to discuss how to balance the environmental concerns of naturalists with those of farmers and pastoralists, and forge a new network for social activism.

The gallery still holds some of the collective energy of the group. Remnants of their brainstorm litter the gallery like leaves blown over a sidewalk — a chaos of hopeful thoughts and ideas. Phrases like “We all need to come back to understanding the Farm Bill,” and “Let’s Shadow Each Other Voluntary Exchange Program” hang from the walls.

“Promoting a gathering as we did, it’s a way for us to be close to the people and have the direct communication that very often we lack in our lives,” says García-Dory.

“I haven’t been involved in food politics and land use in the last two years in the Bay Area,” Franceschini says. “For me, it’s a check in. Here’s all the people I’ve met from the Victory Gardens, here’s people I’d like Fernando to meet.”

Although the Bay Area is a hotbed of environmentalism and the slow food movement, awareness of pastoralism is low. “Dory’s reminding us of the history of the Basque sheepherders and the culture that brought shepherding to the American West,” says Brittany Cole Bush of Star Creek Ranch.

In the East Bay hills, Basque and Peruvian shepherds, along with young shepherds like Bush, use sheep and goats to reduce fire hazard, target invasive plants, and encourage native grasses to grow. “These animals are helping to revitalize the lands, and at the same time they’re producing a local grass-fed product that can be taken to market,” explains Bush.

Adds García-Dory, “Maybe sheep are the new celebrity, or should be.”

The Blueprint isn’t finished yet. “The people [at the gathering] said they would like to keep meeting and working, and that was really very encouraging for us,” says García-Dory. “We hope that the heritage of small farmers and shepherds can be a point of anchor for a new movement.”

Such a hope, though ambitious, seems realistic, given their past work. García-Dory’s World Gathering of Nomadic Peoples created an international, politically active community of shepherds that continues to work together. His Shepherds School has graduated 100 people. And Franceschini’s Victory Gardens live on — 10 of the gardens planted from the original 18 still exist. The city of San Francisco, which discovered through the project that people needed to learn how to grow food again, continues to fund educational programs like Hayes Valley Farm.

Although their pieces have created a lasting impact, Franceschini insists that much of that impact is due to the people around her. “An important part of what Fernando and I do is using the community around you to organize and activate ideas. That’s a message I’m always trying to tell my students. Your friends and your closest colleagues are your allies. I think sometimes you don’t see the potential in front of your nose.”

Other pieces on display include Franceschini’s This is Not a Trojan Horse, as well as short films and other artifacts documenting the Victory Garden, Shepherds School, and World Gathering.

LAND/USE

Through May 9

Hazel Wolf Gallery

David Brower Center

2150 Allston, Berk.

(510) 809-0900

www.browercenter.org

Nightlife: Fun plus jobs

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By Supervisor Scott Weiner

OPINION We all know the cultural benefits of nightlife. It’s fun. We get to meet people — friends, lovers, and all the rest. We build community. We hear great music. We dance. We spend time outside on our streets. For LGBT people, we meet other LGBTs and keep our community strong. The list goes on: Without a strong entertainment scene, including bars, clubs, live music venues, arts venues, night-time restaurants, and street fairs, our city would be a less interesting and less diverse place.

But the undisputed cultural importance of nightlife isn’t the whole story. Nightlife is a significant economic contributor to San Francisco. It creates jobs, particularly for working-class and young people. It generates tax revenue that helps fund Muni, health clinics, and parks. It allows creative entrepreneurs to start businesses. It generates tourism. It draws foot traffic into neighborhoods to the benefit of other neighborhood businesses.

This is all pretty intuitive. Yet, as a city, we’ve never actually measured the economic impact of our nightlife scene. One of my first acts a member of the Board of Supervisors was to request the city economist to conduct an economic impact study doing just that.

The study is almost done, and we already have a few preliminary results. Nightlife in San Francisco generates $4.2 billion a year in spending, with $1 billion of that amount coming from bars, clubs, performance venues, and art spaces. Some 48,000 people are employed in nightlife businesses, and these businesses contribute $55 million a year in local taxes. On March 5, we’ll announce the full results of the study at a hearing of the Land Use and Economic Development Committee.

This data will help us make smart public policy around nightlife. In the past, those decisions frequently have been driven by anecdote and over-reaction to isolated events. Trouble near a small number of nightclubs? The city responds by making it difficult for all nightclubs to operate, even those with excellent safety records and despite the dramatic improvement in the Entertainment Commission’s oversight. Or, the city goes even further and proposes requiring all clubs, even small ones, to scan ID cards of everyone who enters. (That proposal, thankfully, was roundly rejected.)

When we make these decisions, we should do so with a full understanding not just of the downsides of nightlife but of the positives, including cultural and economic benefits.

Entertainment is under pressure in San Francisco. There are neighborhoods with significant friction between housing and nightlife. Some of that friction results from a small number of problem venues. Other times, a good venue is jeopardized for simply conducting its business within the limits of San Francisco law — for example, a single neighbor got Slim’s shut down for a few weeks for noise, despite the club’s compliance with our noise ordinance.

We also continue to have bizarre Planning Code restrictions that undermine entertainment, such as the Mission Alcohol Special Use District, which makes it difficult or impossible to start creative new businesses in the Mission if alcohol is involved. This provision almost prevented a new bowling alley from locating at 17th and South Van Ness. Similarly, some are concerned that the Western SoMa Plan, as currently written, will undermine nightlife on 11th Street by surrounding clubs with new housing and by reducing the number of venues.

A thriving nightlife scene is key to our city’s cultural identity and economic future. Now that we have the data on its benefits, we can take a more balanced and thoughtful approach.

Supervisor Scott Wiener represents District 8 on the Board of Supervisors. The March 5 hearing will start with a noon rally on the steps of City Hall followed by the hearing at 1 p.m. in City Hall Room 263.

 

The mortage crimes

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EDITORIAL The mortgage crisis in San Francisco isn’t just devastating to homeowners and to the southeast neighborhoods where foreclosures are most common — it’s clear evidence that lenders and their affiliates are and have been acting illegally. This city ought to be taking the lead on pressing civil and criminal charges against the mortgage outfits.

City Assessor Phil Ting commissioned a report in February that showed that nearly every one of 382 foreclosures actions in the city between January 2009 and October 2011 had at least some irregularities. In more than 80 percent of the cases, the report identified direct violations of law.

It’s a stunning revelation: In nearly 100 percent of the cases studied, the mortgage companies did something wrong. Homeowners were not notified that they were in default. Properties were seized and sold by companies that didn’t have the proper title to them. Documents were backdated or signed by an entity that didn’t have the authority to sign. In some cases, it wasn’t clear who actually owned the mortgage, because the corporation that filed for foreclosure had never property taken title to the loan.

The report comes as Occupy protesters in San Francisco are moving aggressively to target banks that are tossing people out of their homes and at a time when county sheriffs in other parts of the country are refusing to execute foreclosure orders.

There may not be much San Francisco Sheriff Ross Mirkarimi can do — mortgage foreclosures in California can be done with almost no oversight and by the time the sheriff is called in there’s nothing left but an eviction. But the report makes clear that there were both violations of business regulations and crimes, in some cases felony crimes — and the San Francisco city attorney and district attorney should be moving as quickly as possible to take legal action.

Both City Attorney Dennis Herrera and District Attorney George Gascon have asked for more material from Ting’s office, although neither has announced a formal investigation. But every day that this goes on, more people lose their homes and more crimes are committed — and both offices should move as quickly as possible to take action.

There’s nothing in the federal settlement over fraudulent mortgage activity that prevents local officials from taking this sort of action. There’s nothing preventing Herrera from seeking an injunction against further foreclosures or preventing Gascon from indicting the lenders and their executives.

Meanwhile, Ting told us that he’s asking Attorney General Kamala Harris to investigate, because the pattern of violations almost certainly goes beyond San Francisco.

State Sen. Mark DeSaulnier has introduced a bill that would mandate transparency in foreclosures, so at least homeowners would know who to contact to seek a modification. That’s a good start. But holding these sleazy operators accountable would send a message that San Francisco isn’t going to let this sort of behavior continue.

Sorting out the America’s Cup re-do

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I have to say this for Mayor Ed Lee: He’s not so stubborn or egotistical. He’s willing to listen. And when something really, really doesn’t make sense, he’s willing to let it slide.

Not like Gavin Newsom.

If Newsom were still the mayor (ick! gasp!), he’d be desperately trying to keep together the deal that gave five pieces of the waterfront to the sixth richest person on Earth for more than two-thirds of a century. He’d refuse to admit that maybe the promises of vast wealth accruing to the city from what’s really an untested event might be a little lower than projected. He’s be sucking up madly to Larry Ellison, promising him more and more city money if only His Larryness would bestow the greatness of his hotel, restaurant and condo manna upon us poor lowly San Franciscans.

The current mayor has a little more sense. But then, I don’t think Ed Lee spends much time dreaming about the Oval Office.

So now that Ellison’s team realized they weren’t going to be guaranteed enough of a profit on waterfront development and Lee realized that giving away any more of the store, or rushing this through any faster, was bad for the city, we have a deal that’s based on San Francisco hosting a sports event, not on extensive real-estate development on the waterfront. It’s better than it was, and I give the mayor credit for that.

But a few things are worth remembering:

The proverbial devil is in the proverbial details, and right now they aren’t so proverbial. There’s the minor matter of about $15 million worth of upgrades and repairs to the waterfront that’s needed for the race — and the city’s on the hook for it. Right now, it’s not clear where that money’s going to come from.

One option: The city could go back to giving Ellison some property or development rights. The Chron quotes Jennifer Matz, the mayor’s economic development director, saying that the rights to Seawall Lot 330 are still on the table (bad, bad idea). Stephanie Martin, spokesperson for Ellison’s operation, told me there are no long-term development plans included at all. Maybe the city will just pay cash from the General Fund to Ellison (seems unlikely; I’d love to watch that Budget and Finance Committee meeting.) Maybe the Port will sell revenue bonds and pay Ellison out of the projected new income from the event.

Or maybe some other deal that will be bad for the city and good for Larry will emerge, and we’ll all have to fight that one.

I realize that, if the attendance figures are anywhere near what’s projected, the city will still wind up millions of dollars to the good.

But I still don’t understand: Why are we paying Ellison to hold his race here? Yeah, it will bring tourists to the city — but as former Sup. Aaron Peskin points out, we don’t pay the Navy to bring Fleet Week and the Blue Angels to town. If anything, we should be charging these folks for the right to use so much public property for their own commercial gain. (Yes, the America’s Cup involves commercial gain. Ellison does it because he loves yacht racing and likes to win shit, but you don’t think that giant Oracle logo in 80 million pictures in newspapers and on TV isn’t worth a whole lot of money?)

Why isn’t a guy who counts as one of this generation’s great industrialists, with a fortune rivaling the Rockefellers and the Morgans and that gang, donating anything at all to San Francisco? Those old robber barons built libraries and museums and stuff for the benefit of the public. Come on, Larry — step up and help out here. Do the race, defend your Cup, then give something back to the city instead of asking the taxpayers to cover your tab.

PS: I read Randy Shaw’s attack (if that’s what this odd little piece was) on Aaron Peskin, and I wonder — what’s wrong with being a maverick who works from the outside to try to defend the city’s interests? I don’t always agree with Peskin (see: Home Depot) but I can tell you: There are a lot of people inside City Hall who are really, really happy that he’s out there doing what he’s doing. If nobody on the outside was taking on the America’s Cup deal, the city would absolutely be worse than it is. Peskin’s trying to save the city money. Why is that a bad thing?

Here’s what made me really laugh, though: Shaw criticizes Peskin for failing to support Malia Cohen and Jane Kim for supervisor, saying that he could have been mayor if he’d been working for candidates who ended up winning. Huh? Don’t progessives usuall go after pols who sell out their principles for political gain? If Peskin thought that Debra Walker and Tony Kelly would be better supervisors than Cohen and Kim, shouldn’t he be working for them instead of thinking about his own political future?

Odd where Randy Shaw is going these days.

 

 

Have conservatives hijacked the Small Business Commission?

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Is the Small Business Commission really advocating for small businesses, or has the commission been hijacked by bankers and real estate developers aggressively pushing a right-wing agenda of unchecked growth and cuts to government regulation, programs, and fees? And why has the Mayor’s Office stacked the commission with these ideologues and worked behind-the-scenes to keep them in leadership roles?

Those are just a couple of the questions that have been raised by Mayor Ed Lee’s recent effort to amend the charter to give this commission broad authority over the city’s legislative agenda, which was dropped in the face of widespread opposition, and by his office’s alleged calls to their appointees urging them to vote for developer Luke O’Brien as vice president and banker Stephen Adams as president (simply reversing the roles they had played last year).

Traditionally, sources say the commission has sought to balance leadership between the mayor’s four appointees and the three appointed by the Board of Supervisors. But these days, the Mayor’s Office (mostly Chief of Staff Steve Kawa, we’re told) and its appointees (which include two bankers and one developer), at the urging of pro-development groups Coalition for Responsible Growth (CRG) and Plan C, seems to want to consolidate their control and push their agenda.

Neither Kawa nor Press Secretary Christine Falvey would address our direct question about the Mayor’s Office interfering with the internal working of supposedly independent commissions, but the Examiner today had a story about the Mayor’s Office doing the same thing on the Planning Commission with its leadership vote this week.

“If the Mayor’s Office feels the need to interfere in commission votes, it interferes with internal commission matters and the spirit of the commission,” Board President David Chiu, who has been following the Small Business Commission dynamics, told the Guardian.

Outgoing commission member Janet Clyde, who runs the legendary Vesuvio bar in North Beach, said she has long been bothered by the changing tone and dynamics on the commission: “There is definitely an agenda that is driven by the Mayor’s Office, a more conservative view…There is a big business agenda in small business clothes.”

And she said that change has been pushed by Plan C, CRG, and other fiscally conservative groups that backed Lee’s mayoral campaign. “They really saw an opportunity to use the Small Business Commission to push their agendas.”

The CRG board includes three members of Murphy O’Brien Real Estate Investments, including O’Brien and Mel Murphy, who is a mayoral appointee to the Building Inspection Commission, where he also regularly advocates for real estate interests. CRG, which did not return our calls for comment, testifies regularly at City Hall in favor of development and against regulation. Clyde and current commission member Kathleen Dooley say O’Brien has been especially aggressive in pushing his ideological agenda.

O’Brien ignored repeated Guardian requests for comment, and when we finally reached him by phone, he said, “I have no interest in talking to you.”

In December, in his role as president, O’Brien called a special hearing to discuss the Eastern Neighborhoods Plan, the massive land use plan passed a few years ago after dozens of public hearings to work out its myriad complicated details and balance the preservation of light industrial properties with housing development, providing city services, and other considerations.

“This thing really needs to be thought out a little bit more,” O’Brien said at the hearing in a video clip that is prominently displayed on the CRG website.

Commission Executive Director Regina Dick-Endrizzi defended that hearing and others that have ventured into planning, regulation, and land uses issues that seem to be the purview of other city commissions. “Every business we talk to that wants to be in a brick-and-mortar space, it’s all about land use,” she said, noting that at the commission’s last annual retreat, “they decided to take a look at impact fees and their implications.”

She also noted that the city defines small businesses as having fewer than 100 employees, and that both developers and bankers are legitimate small business advocates, noting how important loans and other capital sources are to small business survival. Mayoral spokesperson Christine Falvey also defended the appointments and their focus: “The Commission has a diverse group of individuals to represent small business. The agenda is not controlled by any one group. There is a diverse group of voices and all deserve to be heard.”

Falvey also said it’s important to have bankers like Adams, a branch manager of Sterling Bank & Trust, on the commission: “The Mayor understands the important link between conventional banks and micro lenders. While there are moderate improvements in the lending environment, understanding the current status of access to capital is critical information for the Commission in its role to advise and make recommendations to the Mayor and Board of Supervisors on policy matters and City regulations that affect either the ease or difficulty in doing business in San Francisco.”

But progressive members of the Board of Supervisors – including Sup. Christina Olague, a mayoral appointee, in her recent interview with the Guardian – have regularly derided the narrow focus and ideological agenda of the commission, particularly its mayoral appointees. Some privately call it the “Small-Minded Business Commission.”

“We need some diversity on this commission. It can’t be all white men with a particular point of view,” Dooley said.

That could begin to happen on Tuesday when the Board of Supervisors is slated to replace two of its outgoing appointees, Michael O’Connor and Janet Clyde, with two that have been recommended by the Rules Committee: Monette White, who runs Food for Soul, “an upscale restaurant and holding company,” and William Ortiz-Cartagena, CEO of Gentle Parking, which managing parking lots in the city.

But that won’t go very far in changing a commission that seems focused on using the “small business” fig leaf to push a more broad and ideological pro-business agenda. Even Chiu, who is strongly pro-business, told us, “The Small Business Commission needs to be focused on the plight and issues of small businesses.”

Campaign cash roundup and questions about our sleeping watchdog

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Oliver Luby – the last true public-spirited employee at the Ethics Commission (a campaign lapdog when it should be a watchdog) before being forced out in 2010 – has written an insightful and comprehensive analysis of spending by candidates and outside groups during last year’s election. It’s published by CitiReport.

Among his findings are that the largely unregulated spending by supposedly independent third-party groups totaled $3.6 million, with $1.4 million of that going to support Mayor Ed Lee, and much of it coming so late in the race that voters weren’t able to factor its sources into their decisions.

Those outside groups spent almost as much to elect Lee as the campaign itself raised, which was almost $1.6 million. When those two figures are combined, and one subtracts the $419,891 in independent expenditure (IE) spending in opposition to Lee, the appointed mayor and his supporters spent $33.87 for each first place vote he received, or about 2.5-times that of second-place finisher John Avalos, whose $757,327 in “supportive financing” works out to $13.25 per vote.

Luby has long called for Ethics to get tougher on violators of campaign finance law, playing whistleblower at several key points in his career, starting in 2004 when he and then-staffer Kevin DeLiban exposed notorious campaign attorney Jim Sutton’s alleged scheme to illegally launder unregulated funds being collected for then-Mayor Gavin Newsom’s inauguration into paying off some of his $550,000 campaign debt.

In his latest piece, Luby again calls out his old bosses at Ethics for ignoring local laws against maxing out donations to many candidates in order to buy influence at City Hall. Donors are limited to an “overall contribution limit” that equals the maximum individual donation of $500 times the number of offices open, which was three in this election. It allows the city recoup from the campaigns money collected in excess of that, which Luby said totals $29,111 in this election.

“The SF Ethics Commission does not enforce this law. Supervisor Scott Wiener wants to help them get rid of it,” Luby wrote. Ethics Commission Executive Director John St. Croix was out of the office and hasn’t returned a Guardian call for comment.

Among those whose excessive contributions would be diverted to city coffers are Planning Commissioner Michael Antonini (perhaps the city’s most powerful Republican), PR powerhouse Sam Singer, medical marijuana activist Kevin Reed, political fundraiser Wade Randlett, city staffer-turned-developer Michael Cohen, moderate Democrat Mary Jung, and Coalition for Responsible Growth (a pro-development group) President Rodrigo Santo. Not surprisingly, they all contributed to Lee, whose campaign would be on the hook for the most in givebacks, $7,725, followed by David Chiu’s mayoral campaign at $4,700.

Finally, for all their talk about fiscal responsibility, Lee and his supporters couldn’t seem to live within their means in this election. Lee’s campaign finished about $275,000 in debt, while two of the pro-Lee IEs also finished in the red: SF Neighbor Alliance ($11,338) and Progress for All ($35,890), the ethically challenged creators of the “Run Ed Run” campaign that purported to talk Lee out of his pledge not to run for a full term in the office he’d been appointed to.

These are just some of the findings in Luby’s voluminous reporting, so check it.

Compressing the press

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Journalism in the Bay Area has been in decline for many years, with corporate consolidations, shrinking newsrooms, declining print readership, and struggles with how to pay full-time reporters when content is offered free-of-charge on the Internet. And with its waning institutional strength, the Fourth Estate has lost some of its ability to watchdog the powerful, creating a dangerous situation in a country founded on the belief that a free press is an essential safeguard of liberty and fairness.

One countervailing trend during this time was the creation of robust nonprofit newsrooms, with the two largest ones in the Bay Area being the Berkeley-based Center for Investigative Reporting (CIR) and the Bay Citizen in San Francisco. But now those two entities have announced that they’re in merger talks — and that the combined newsrooms would be led by Phil Bronstein, who presided over the decline of San Francisco’s two major daily newspapers.

Whether this merger bodes well or ill for a journalistic resurgence remains unclear. Both entities have their strengths and flaws, and both of their boards are in the middle of a 30-day review period to determine whether the merger makes sense and what the combined operations would look like.

As the exclusive Bay Area content provider for The New York Times, Bay Citizen made a big splash when it was launched with $5 million in seed money from billionaire financier Warren Hellman in late 2009. As Hellman (who died in December) told me at the time, he was seeking to create an independent, local, public interest alternative to the San Francisco Chronicle, which was being gutted by its New York-based owners, Hearst Corp., and even threatened with closure if its unions hindered the downsizing.

Many were skeptical that a newsroom funded and overseen by Hellman and other uber-wealthy San Franciscans would deliver the kind of public interest journalism that the city needed, but under the leadership of veteran Editor Jonathan Weber, it produced many strong stories, starting on launch day with an investigation of how the richest home owners in the city avoid paying property taxes the city once relied on. And last year, Bay Citizen broke some important stories and created valuable databases on campaign contributions and danger spots for bicyclists, for which it recently won a Society of Professional Journalists award for computer-assisted reporting.

Acting CEO Brian Kelley told us the Bay Citizen has succeeded in creating a strong “three-legged stool” balancing solid journalism, a sustainable business model, and technological innovation. After raising about $17 million in three years, ranging from small donations to the $6 million Hellman contributed, “we’re in a very healthy state from a financial standpoint.”

But sources say the operation has had some tough internal divisions, some of it propagated by an out-of-touch board and an overpaid CEO, Lisa Frazier, who took a reported $457,000 salary to run an operation that she had served as Hellman’s consultant in launching. They say Frazier clashed with Weber and the reporting staff, particularly after it voted to unionize last year, and then with Weber’s successor, Steve Fainaru. Both Weber and Fainaru resigned in the last month, creating a leadership vacuum that was one of the factors that triggered the merger talks.

Meanwhile, CIR has experienced the most dynamic growth period in its 30-year history since 2008, when veteran editor Robert Rosenthal took over as executive director after leaving the Chronicle, where he served directly under Bronstein, who also later left the Chronicle and now serves as president of CIR’s board.

CIR has traditionally had a small staff working on a shoestring budget to produce a handful of big investigative journalism projects per year, including award-winning broadcast segments for “Frontline” and “60 Minutes.” But Rosenthal focused on securing millions of dollars in foundation funding and creating collaborations with media outlets around the state (such as KQED), launching California Watch to beef up coverage of statewide issues, as he describes in his 24-page essay “Reinventing Journalism: An unexpected journey from journalist to publisher” (www.californiawatch.org/project/reinventing-journalism).

“I was deeply frustrated by a lack of vision, ambition, and passion on the business side that was throttling creativity and undermining the crucial role that journalism, and especially investigative reporting, play in our democracy,” Rosenthal wrote in the report that was requested by the John S. and James L. Knight Foundation, one of three foundations that provided more than $1.2 million each to launch California Watch (the others are Irvine and Hewlett foundations).

The Guardian has long raised questions about the trend of foundations increasingly stepping in to fill journalism’s funding voids, arguing that it can compromise journalistic independence and allow wealthy interests to determine what issues get investigative scrutiny (see “Buying the news: How private foundations are quietly underwriting — and shaping — local news coverage of major issues,” 10/8/97).

But in an era when most California newspapers are clinging to life, Rosenthal had used the funding to augment CIR’s investigative reporting staff and get impactful, award-winning stories to run simultaneously in outlets around the state, challenging old journalistic norms about competition and exclusivity.

Rosenthal admits the model has its shortcomings, including the unreliability and often-narrow focus of foundation funding and how CIR’s successes have done little to backfill the loss of local beat reporting (such as covering City Hall or keeping the cops and local power brokers in check), but he thinks the merger might help in those areas.

“It’s exciting for us to be able to address what has been a vacuum in San Francisco for a long time,” Rosenthal told us about reviving local coverage. And on the funding model, he said, “If we can do this right, it’s about creating a local base of people who believe in accountability journalism to give small donations.”

Bronstein told us that many of the shortcomings at his old newspapers were the result of business decisions Hearst made and general trends in the industry. But he acknowledged people’s concerns about whether someone with such a long local history is the best person to turn things around: “I don’t know that I’m the best person to take it over. That’s something other people should determine, not me.”

Both admit that the Chronicle under their tenure could have better covered the consolidation of wealth and power and other economic justice issues, long a Guardian focus and one that the Occupy movement helped highlight. “The Bay Area media could have been a lot more effective on those issues,” Rosenthal said.

But Bronstein said he’s committed to supporting more accountability journalism in the Bay Area, supporting the work of the Bay Citizen, and supplementing work done at papers like the Guardian: “The weeklies do a fine job of writing some in-depth stories and we need more of that, providing context.”

Both said that even if the merger takes place, Bay Citizen would continue to provide local coverage under the brand and model it’s developed, although the New York Times has not yet determined whether it would continue to run its content if it’s not exclusive. The two newsrooms wouldn’t initially be merged, although Bronstein has said that achieving savings of up to $1.9 million is one of his goals, something he’d try to accomplish without reducing journalistic content or quality.

The two entities have slightly different cultures and areas of focus, so the question now is whether they’re compatible. Bay Citizen’s Kelley said he thinks they are: “I personally feel they are very complimentary.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Who gets to live here?

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yael@sfbg.com

Housing policy — which determines who will be able to live in San Francisco — has been a hot topic at City Hall these days.

At a Board of Supervisors Land Use and Economic Development Committee meeting on Feb. 13, representatives from the Mayors Office of Housing (MOH) reported on the state of middle-income housing in San Francisco, at the request of Sup. Scott Wiener. “Middle class” people make up 28 percent of the city’s population, a 10 percent decrease in the past two decades, and to reverse that decline would cost about $4.3 billion in housing subsidies, or more than half the city’s annual budget.

Wiener, who insists that “middle income and low income housing are not mutually exclusive,” said he’s raising the issue because the needs of the shrinking middle class are not being addressed. But during the public comment period, a long procession of low-income residents say city housing policies have kept them on the brink of homelessness. The takeaway message was: don’t embark on new housing efforts until you can enforce the ones that are already in place.

Also underscoring the desperate state of many San Francisco residents, Assessor-Recorder Phil Ting released a report Feb. 16 that contains shocking statistics about invalid foreclosures and illegal evictions in San Francisco. Ting found that 99 percent of all foreclosure proceedings in San Francisco in the past four years have contained paperwork irregularities, and in 84 percent of cases, banks or lenders have committed fraud or broke other laws.

With the loss of the redevelopment agencies, Mayor Ed Lee’s proposal for a housing trust fund, renewed calls for more condo conversions, and a new focus on middle income housing incentives, the conversation on housing in San Francisco is heating up.

 

MOVING TOWARDS RENTAL

San Francisco’s housing market is 64 percent rentals and 36 percent ownership, according to MOH. So despite the focus of politicians and developers on homeownership, housing policy in San Francisco mostly involves renters, many of whom face myriad threats.

Rents can be so steep that market-rate rental housing is becoming increasingly accessible only for parts of the middle class and the highest income brackets in the city. People in San Francisco tend to pay a huge chunk of their income towards rent.

The federal Housing and Urban Development Agency considers it reasonable for a households to pay 30 percent of their income towards rent; but for the city’s very low income households, rent is typically nearly 60 percent of income. For middle income households, the average percent paid toward rent has increased since 1990, but remains below 30 percent.

Those people fall mainly into the middle-income bracket, those earning 80-120 percent of Area Median Income (AMI.) Planning Director John Rahaim said that for the very low-income population (0-50 percent AMI) all rental housing is “virtually off-limits.”

So, for the middle class, renting a place in San Francisco is tough. For the low and very-low income, it’s next to impossible. And that reality threatens the city’s diversity.

“The highest rent burden still falls on lower income residents, many of whom pay 70 percent of their income as rent,” Sup. Eric Mar, who also sits on the Land Use Committee, said at the hearing. “In my district, people have whole families living in their living room or extra bedroom.”

But things may be looking up for renters. MOH’ Brian Cheu said developers believe that the market trends are heading towards construction of new rental housing after being almost exclusively owner-occupied units for many years. Cheu said there are 725 rental units in the pipeline for the next five to ten years, more than twice the new housing units meant for ownership slated for that time period.

Most of this will be market rate housing, and thus still unaffordable for a good deal of the population. But for those making around 100 percent of AMI — the middle class that Wiener hopes to serve — there are more rental units on the way.

“Any increase in supply of rental housing would help,” said San Francisco Tenants Rights head Ted Gullickson, “because there’s been virtually no new rental housing built in San Francisco is last 20 years.”

Even as Wiener promised to continue to prioritize the needs low-income residents, the foreclosure crisis was barely acknowledged at the Feb. 13 hearing. Many low-income residents say they are not sure they can trust the city’s claim that “this is not a matter of us vs. them.”

At public comment, many community members spoke of the housing troubles that they were already facing. Yue Hua Yu, who spoke at the Feb. 13 hearing, lives with her family of four in a single residency occupancy hotel room (SRO), units intended for single occupants.

“We would support a policy that protects the city’s affordable housing stock,” said a statement from Wing Hoo Leumg, president of the Chinatown Community Tenants Association.

Renting may be the realistic choice for most San Franciscans, but homeownership remains an important goal and achievement for many families, and the main obsession of many politicians.

Part of the middle class exodus is unmistakably due to better homeownership rates in Oakland, Daly City, Marin, and other surrounding areas. But there are neighborhoods with higher rates of homeownership than others, including Bayview-Hunters Point.

BHP has long been a prime spot for low-income homeowners, but it’s slated for extensive new housing construction in the coming decades that could compromise its affordability. It is also an area hit hard by the foreclosure crisis: there have been 2,000 foreclosures in Bayview in the past four years, according to Ed Donaldson, housing counseling director at the San Francisco Housing Development Corporation.

Rising prices and the foreclosure crisis have played a large part in the large-scale African American out-migration that has devastated San Francisco communities in recent decades.

 

 

APARTMENTS OR CONDOS?

One of the biggest points of controversy in the homeownership debate has been the issue of condo conversion, which was brought up again this past week at the Feb. 14 Board of Supervisors meeting, when Sup. Mark Farrell asked Lee if he would support legislation to let 2400 tenancy-in-common (TIC) owners bypass legal limits and fastrack towards condo conversion.

Farrell framed this as “a vehicle to allow residents of our city to realize their goal of homeownership.”

On Jan. 16, the city held its annual condo conversion lottery, in which 200 lucky TIC owners win the chance to convert their units into condos, thereby legally becoming homeowners. TICs and condo conversion have long been fraught with controversy in San Francisco, where there is never enough housing for everyone who wants it.

Condo conversion proponents say that turning a TIC — usually a building that used to be rental housing that has been purchased by a group of people that own it in common — into condos is a cheap way to become a homeowner in a city as expensive as San Francisco.

But tenants rights advocates have long opposed this process on the basis that it depletes the city of its rental housing stock. “When you have more condo conversions, you have more evictions, and it’s harmful to low-income residents” Gullicksen said.

This controversy, and the struggle to maintain a balance between opportunities for homeownership and reasonable rents has raged in San Francisco for years. In 1982, the Board of Supervisors passed a limit of 200 condo conversions per year as a compromise. There are no regulations, however, on converting rental housing to TICs.

“This has come up almost every single year for years and years about this time,” said Peter Cohen, organizer with the Council of Community Housing Organizations.

This year, however, proponents are not simply reiterating a request to bypass the condo conversion lottery. Plan C, a coalition of San Francisco moderates, is pushing for adding a fee to condo conversion, ranging from $10,000 to $25,000, which would go towards an affordable housing fund.

Mayor Lee said that he is open to considering a change in condo conversion policy, “providing it balances our need for revenue for affordable housing, the value that responsible homeownership brings to the city, and the rights of tenants who could be affected by a change in policy.”

 

WHOSE TRUST FUND?

This comes at a time when the city is facing a loss of millions per year for affordable housing with the dissolution of the redevelopment agency (see “Transfer of power, Jan. 31).

That dissolution led to Mayor Lee’s plan for an affordable housing trust fund, to be voted on as a ballot measure this November. The kick-off for that plan also began recently, with a press conference and big-tent meeting to discuss what it might look like.

On the day after the Land Use Committee meeting, where he started the conversation on “middle class” housing, Wiener posed a question to Lee at a Board of Supervisors meeting, asking how the mayor plans to “ensure that the housing trust fund that comes out of the process you have convened will meaningfully address the need for moderate/middle income housing.”

Some are concerned that too much of the trust fund could be allocated outside low-income demographics. “There’s a limited size pie of resources,” Cohen said. “Just in a matter of the last months, we lost the redevelopment agency. The city is madly scrambling to try to replace that through housing trust fund, and working to get us back to somewhere close to where we were…Is that pie, that has dramatically shrunk, going to be stretched further for another income band?”

That question will be important when the proposal goes to vote in November. According to Donaldson, many low-income homeowners will not vote for the measure unless it addresses their needs. The specifics of the measure calling for the trust fund are still being worked out. But, it will likely be funded by an increase of the transfer tax paid when homes change ownership.

Yet that proposal was the subject of an unusual political broadside from the San Francisco Association of Realtors, which last week sent out election-style mailers attacking the idea. “Brace yourself for an unexpected visit from the city’s tax collector,” the mailer warns, showing the hand of government bursting through the wall of a home, urging people to contact Lee’s office.

The measure may also see opposition from low-income communities, especially if, as Wiener has urged in the past week, it allocates a chunk of funds towards middle-income housing.

“It’s hard to find people who will support it. They’re saying, ‘what’s in it for me? Why would I vote for a transfer tax that I’m going to have to pay to help finance the building of affordable housing or middle-income housing. Why support programs that will support middle income people, who make more money than existing homewoners?” explained Donaldson. To agree on a way forward for housing in San Francisco, policymakers will need to reconcile a range of interests. In the worst-case scenario, the profit interests of realtors and developers will overtake the interests of San Francisco families struggling to continue to live in the city they love. But housing advocates are willing to work together to come to a solution. “Let’s put everything on the table, and let’s figure it out. In the spirit of cooperation, and with the understanding that each respective constituent group is not going to get everything that they want, but let’s put all the cards of the table,” said Donaldson.

Valentine’s Day dump the banks rally: If only all break-ups involved this much singing (VIDEO)

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Protesters across the country participated in “break up with your bank” day on Feb. 14. Several protesters happened throughout the Bay Area, including a demonstration organized by Causa Justa :: Just Cause, Occupy Bernal, Occupy SF Housing, and the San Francisco Tenants Union.

In past months those organizations have variously stopped evictions and foreclosures, prevented homes from being auctioned off, and organized mass protests. They’ve created trouble shutting down bank branches, sometimes for hours, on dozens of occasions.

For Valentine’s Day, protesters decided to have a little fun.

“Our intention is not to shut down the banks,” insisted Causa Justa organizer Maria Zamudio. “Just to break up with them.”

About 60 marched through the financial district Feb. 14, presenting large red broken hearts and “dump the banks” banners decorated with pink balloons.

http://www.youtube.com/watch?v=6-f6pHXQkbs

Security guards at the banks that the group approached locked their doors. Protesters, amused, began chanting “the banks shut themselves down.”

Bank of America building locked their doors when they saw the protest approaching. At the Wells Fargo west coast headquarters around the corner, a representative who identified himself as David accepted the card.

Afterwards, a dozen members of the group headed to City Hall for a Board of Supervisors meeting in support of a resolution brought by Supervisor John Avalos and co-sponsored by Supervisor Eric Mar. The resolution supports the city treasurer’s office in its recent efforts to include social responsibility and community reinvestment in its evaluation criteria as it searches for new banks in which to invest San Francisco’s money. The resolution passed.

“It’s not a victory, but a great step in the right direction,” said Zamudio. She hopes that the social responsibility assessment will look at a bank’s history with predatory loans, investment in small businesses, and refinancing mortgages.

Guardian editorial: Saving money on sunshine

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We hate to pick on Scott Wiener, who is a polite guy who always takes our calls and takes public policy seriously. He’s got an extensive legislative agenda — good for him — and he’s effective at getting bills passed. We’re with him on nightlife, and even on nudity towels in the Castro.

But he’s been taking on some more disturbing causes of late — he’s managed to tighten the rules for the use of Harvey Milk Plaza and now he’s asking for an audit of the Sunshine Ordinance Task Force that looks at how much each city department spends responding to sunshine requests. We’re not against audits nor government efficiency, but this could lead to a lot of mischief.

There are plenty of problems with the task force, which hears complaints against city agencies that are denying the public access to documents. The biggest problem is that the task force has no enforcement authority — when the members find an agency or official to have willfully defied the law, the best they can do is turn those findings over to the Ethics Commission, which simply drops the case. Nobody ever gets charged with anything or gets in any trouble for refusing to follow what every public official in town piously insists is an excellent law.

And yeah, the meetings run long, and sometimes city employees have to sit around for hours waiting for their cases to come up. (Activists who testify before city commissions are used to that, but city employees are on the clock, and Wiener’s worried that it’s running up a large bill.)

But nobody’s talking about the money that the city has saved by those annoying government watchdogs keeping an eye on public spending — through the use of the Sunshine Ordinance. Nor is anyone talking about the immense amount of time activists and journalists have to spend fighting over records that should have been public in the first place — or how much money the Task Force has saved the city by creating a forum for resolving these issues out of court.

We can see the outcome here: The audit will show some large number, some cash amount with a bunch of zeros behind it, and the Chronicle will run a big headline about the high cost of this sunshine bureaucracy — and someone will suggest we find ways to streamline the process by clipping the task force’s wings.

That’s the wrong approach — particularly when there’s a much easier answer. Why not do what sunshine activists have suggested for years — make electronic copies of every document created by any city agency and post them in a database on the web? No more secrecy, no more hassle. It’s easy — if anyone at City Hall is serious about saving money on sunshine requests.

How business was done

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news@sfbg.com

A complicated civil lawsuit alleging corruption and fraud and involving several prominent current and former city officials — including Mayor Ed Lee, who took the witness stand to discuss actions he took as city purchaser a decade ago — could end up costing city taxpayers as much as $10 million.

City and County of San Francisco vs. Cobra Solutions and Telecon was being deliberated by jurors in Superior Court at press time. It centers on a fraud and kickback scheme engineered by convicted felon Marcus Armstrong, a former Department of Building Inspection information technology manager who bilked the city out of at least $482,000 between 1999 and 2001 (see “Dirty Business,” 2/8/11). His scheme was exposed by an FBI investigation following a whistleblower’s complaints in September 2001 that sub-contractors were not being paid.

The City Attorney’s Office accused Cobra Solutions of participating in Armstrong’s fraud, but Cobra’s owners denied being part of the scheme and they say their business was wrongfully damaged when their contracts were frozen by city officials.

Armstrong created two phony companies, Monarch Enterprises and Mindstorm Technologies, and ordered master contractor Cobra Solutions to use the phony sub-contractor companies to provide technology services to the city’s Computer Store (a list of approved contractors) under an agreement awarded to Cobra by the Committee on Information Technology (COIT). It also partnered with another company alleged by the city to be fraudulent, Government Computer Sales, Inc. (GCSI), whose principals fled and whose whereabouts are unknown.

Cobra Solutions founder and president James Brady had raised questions about Armstrong as early as 2000, questions that triggered an unfruitful investigation by the city. Brady maintained in court testimony that Cobra, unaware of Armstrong’s fraud, relied on him to sign off on work services that Armstrong’s phony companies were supposed to have supplied to the city.

The Computer Store was set up by then-Purchaser Ed Lee under the administration of then-Mayor Willie Brown to centralize technology procurement across departments. Now-Mayor Lee was deposed in the case and called to the witness stand on Feb. 6, where he said he awarded Cobra Solutions the highest-rated ranking among several vendors being evaluated by COIT for master contract award status. Each of the other city evaluators, including Deputy Controller Monique Zmuda, also ranked Cobra the top service provider.

According to Armstrong’s guilty plea agreement, GCSI partnered with Armstrong to defraud the City out of $240,000. Deborah Vincent James — then-director of COIT and now deceased — testified in a pre-trial deposition that GCSI was “fraudulent,” that city staffers recommended against certifying the company, and that it was only awarded master contract status because of its political ties to Brown, who directed Lee to overrule the staff recommendation. In his deposition, Lee claimed he could not remember GCSI.

Vincent-James and former Purchasing Directory Judith Blackwell forwarded whistleblower complaints about GCSI to the City Attorney’s Office in early 2001, but neither that office nor the Controller’s Office acted on the complaints until GCSI had gone bankrupt and GCSI’s owners, two foreign nationals, had disappeared.

Of note, Lee was not questioned about his and Brown’s involvement in awarding GCSI its master contract status in 1998. Time restrictions placed on attorneys by Judge James McBride limited the scope of witness examinations, so the most politically explosive charges went largely unexplored in court.

The city completed a subsequent investigation in January 2003 that resulted in stopped payments to Cobra, contract termination, and the city’s civil lawsuit filed by City Attorney Dennis Herrera against Cobra in April 2003. Following Herrera’s filing against Cobra, Herrera demanded an audit of Cobra which Cobra refused, citing a conflict of interest. Herrera had previously represented Cobra in private practice before he was elected City Attorney in 2001.

A trial court ruled in that Herrera had a conflict of interest, disqualifying Herrera and his office from participating in the Cobra case, a ruling later upheld by the California Supreme Court. Yet the suit alleges Herrera and his office continued to supply work to various City agencies and to effectively prevent Cobra from doing further business with city. By withholding the $2 million Cobra was owed by the City, COIT was able to disbar Cobra from entering into master contract agreements with the city, claiming Cobra was fiscally “non-responsible,” according to court testimony.

Blackwell, in her testimony at trial, said the determination of Cobra’s non-responsibility was used as a “pretext” for Cobra’s disbarment, a procedure that should have triggered a hearing to allow Cobra to defend itself against debarment. That never happened.

An FBI investigation into Armstrong’s kickback scheme resulted in Armstrong pleading guilty to mail fraud, wire fraud, and obstruction of justice in July 2003. No criminal charges were ever brought against Cobra Solutions or Telecon and yet the city’s outside law firm, Cotchett, Pitre & McCarthy LLP, which tried the case on behalf of the city, held on to the city’s allegation of fraud committed by Cobra and Telecon throughout the case and trial until closing arguments on Feb. 9.

In his closing arguments, attorney Ara Jabagchourian made no mention of Telecon, effectively dropping the city’s claims against Telecon, and constricted the city’s damage claims against Cobra. He asked the jury to award the city up to $266,000, money paid to Cobra for work authorized and signed-off by the city, via Armstrong, for breaching a provision in the contract agreement between the city and Cobra that requires the master contractor to “supervise” sub-contractors.

But Cobra’s lawyers — the firm of Gonzalez & Leigh, which includes former Board of Supervisors President Matt Gonzalez, who took a leave from his current job as deputy public defender to consult on the case — says it is the city that should pay for fatally harming a business without just cause.

“The City and City Attorney’s office falsely accused Cobra and Telecon of stealing $2.4 million dollars from the City, destroying these companies and ruining the lives of good, decent people who were the victims of a city tech official who should not have been hired in the first place,” said attorney Whitney Leigh. “Then the City Attorney made it worse, flatly defying an order disqualifying the City Attorney’s Office and instead driving efforts to run Cobra and Telecon out of business just because Cobra raised the issue of the conflict of interest. I’ve been unable to find any case in which an attorney has so flagrantly ignored a disqualification order.”

Herrera can’t comment on the case, but his office previously told the Guardian, “Immediately upon discovery of Cobra’s role, the office screened Herrera off from further involvement in the investigation and all matters related to it in accordance with a stringent ethical screening policy Herrera established when he took office.”

The-City Controller Ed Harrington, who exerted significant influence over contract awards and debarment proceedings as chair of COIT, conceded in court testimony that internal controls failed to detect Armstrong’s scheme.

“In the case of Marcus Armstrong, the control within the city failed and the control within Cobra failed,” Harrington, now head of the San Francisco Public Utilities Commission, told the court. “We had both controls in place. If they had worked, the city would have been protected. Both failed.”

Cobra is seeking damages for breach of contract (the city’s failure to pay monies owed Cobra), and civil rights due process violations in connection with the city’s apparent conspiracy to bar Cobra from doing further business with the city.

A business valuation expert testified Cobra Solutions was valued between $5.2 million and $8.8 million based on future lost profits from the city’s debarment. With attorney fees and court costs, the city could be on the hook for as much as $10 million.

The city has subsequently established more stringent controls as it relates to the authorization of work assigned to master contractors and sub-contractors. The jury was expected to resume deliberations on Feb. 14 and deliver its verdict by week’s end. Check the SFBG.com Politics blog for the latest.

Saving money on sunshine

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EDITORIAL We hate to pick on Scott Wiener, who is a polite guy who always takes our calls and takes public policy seriously. He’s got an extensive legislative agenda — good for him — and he’s effective at getting bills passed. We’re with him on nightlife, and even on nudity towels in the Castro.

But he’s been taking on some more disturbing causes of late — he’s managed to tighten the rules for the use of Harvey Milk Plaza and now he’s asking for an audit of the Sunshine Ordinance Task Force that looks at how much each city department spends responding to sunshine requests. We’re not against audits or government efficiency, but this could lead to a lot of mischief.

There are plenty of problems with the task force, which hears complaints against city agencies that are denying the public access to documents. The biggest problem is that the task force has no enforcement authority — when the members find an agency or official to have willfully defied the law, the best they can do is turn those findings over to the Ethics Commission, which simply drops the case. Nobody ever gets charged with anything or gets in any trouble for refusing to follow what every public official in town piously insists is an excellent law.

And yeah, the meetings run long, and sometimes city employees have to sit around for hours waiting for their cases to come up. (Activists who testify before city commissions are used to that, but city employees are on the clock, and Wiener’s worried that it’s running up a large bill.)

But nobody’s talking about the money that the city has saved by those annoying government watchdogs keeping an eye on public spending — through the use of the Sunshine Ordinance. Nor is anyone talking about the immense amount of time activists and journalists have to spend fighting over records that should have been public in the first place — or how much money the Task Force has saved the city by creating a forum for resolving these issues out of court.

We can see the outcome here: The audit will show some large number, some cash amount with a bunch of zeros behind it, and the Chronicle will run a big headline about the high cost of this sunshine bureaucracy — and someone will suggest we find ways to streamline the process by clipping the task force’s wings.

That’s the wrong approach — particularly when there’s a much easier answer. Why not do what sunshine activists have suggested for years — make electronic copies of every document created by any city agency and post them in a database on the web? No more secrecy, no more hassle. It’s easy — if anyone at City Hall is serious about saving money on sunshine requests.