David Chiu

Wage theft prevention ordinance moves forward

Supervisors expressed strong support July 20 for an ordinance that a San Francisco coalition of labor advocates is pushing for to prevent wage theft and shore up protections for low-income workers. Spearheaded by Sups. Eric Mar and David Campos with Sups. Ross Mirkarimi, Jane Kim, John Avalos, and David Chiu as co-sponsors, the legislation would enhance the power of the city’s Office of Labor Standards and Enforcement (OLSE) and double fines for employers who retaliate against workers.

Dozens of low-wage restaurant workers, caregivers, and day laborers turned out for a July 20 Budget & Finance Committee meeting to speak in support of the Wage Theft Prevention Ordinance, which was drafted in partnership with the Progressive Workers Alliance. The umbrella organization includes grassroots advocacy groups such as the Chinese Progressive Association, the Filipino Community Center, Pride at Work, Young Workers United, and others.

A restaurant worker who gave his name as Edwin said during the hearing that he’d been granted no work breaks, no time off, and had his tips stolen by his employer during a two-and-a-half year stint in a San Francisco establishment, only to be fired for trying to take a paid sick day. “When I was let go, I did not receive payment for my last days there,” he said.

His experience is not uncommon. An in-depth study of labor conditions in Chinatown restaurants conducted by the Chinese Progressive Association found that some 76 percent of employees did not receive overtime pay when they worked more than 40 hours in a week, and roughly half were not being paid San Francisco’s minumum wage of $9.92 an hour.

“People who need a job and can’t afford to lose it are vulnerable to exploitation,” Shaw San Liu, an organizer with the Chinese Progressive Association who has been instrumental in advancing the campaign to end wage theft, told the Guardian.

The ordinance would increase fines against employers from $500 to $1,000 for retaliating against workers who stand up for their rights under local labor laws. It would establish $500 penalties for employers who don’t bother to post notice of the minimum wage, don’t provide contact information, neglect to notify employees when OLSE is conducting a workplace investigation, or fail to comply with settlement agreements in the wake of a dispute. It would also establish a timeline in which worker complaints must be addressed.

“The fact is that even though we have minimum wage laws in place, those laws are still being violated not only throughout the country but here in San Francisco,” Campos told the Guardian. “Wage theft is a crime, and we need to make sure that there is adequate enforcement — and that requires a change in the law so that we provide the Office of Labor Standards and Enforcement more tools and more power to make sure that the rights of workers are protected. Not only does it protect workers, but it also protects businesses, because the vast majority of businesses in San Francisco are actually … complying with the law, and it’s not fair for them to let a small minority that are not doing that get away with it.”

So far, the ordinance is moving through the board approval process with little resistance. Mayor Ed Lee has voiced support, and Budget Committee Chair Carmen Chu, who is often at odds with board progressives, said she supported the goal of preventing wage theft and thanked advocates for their efforts during the hearing. The item was continued to the following week due to several last-minute changes, and will go before the full board on Aug. 2.

The Chron says “Ed, Don’t Run”

8

Interesting, the politics of the media and the mayor’s race. While the Chron is typically the downtown/conservative paper, and some of those same folks are pushing Mayor Ed Lee to run for another term, the Chron’s big editorial July 17th made the case against Run Ed Run. Why? Well, mostly because the mayor promised:


But there is an even more important reason Ed Lee should not run: He said he would not. … He also said he took the job with a “clear, basic understanding” that he would run the city for the final year of Gavin Newsom’s term with “no distractions.”


The Chron clearly likes Ed Lee, and projects that as a candidate, he would lose the good will he’s created as mayor:


One of the reasons the atmosphere at City Hall this year has been so calm – and the results so impressive – it that the self-effacing occupant of Room 200 has gone out of his way to be collaborative, and the good feeling has been reciprocated.


That dynamic would change in an instant if Lee joined nine very ambitious politicians in the race for mayor. He would be widely regarded as the front-runner and thus would become the No. 1 target of the other nine.


His opponents would include two key members of the Board of Supervisors: President David Chiu and progressive stalwart John Avalos. The chances of anything meaningful emerging out of City Hall for the remainder of the year would plummet.


I’m not sure that’s true, not with ranked-choice voting. Nobody would want to anger Lee or his supporters; they’d all be going for the Number Two votes. (All except Leland Yee. Lee’s biggest backers in Chinatown despise Yee; it would be hard to keep that one civil.) And I don’t think Lee’s personality would suddenly change the minute he entered the race.


It would mean that David Chiu and Dennis Herrera would start to drop in the polls, since at least some of their core supporters would move to Lee. The race would be defined (with some reason) at Yee v. Lee.


But I don’t think it’s going to happen. As long as the mayoral candidates agree to let Lee have his job back (and Yee would be crazy not to make that promise — the thought of Mayor Yee AND Lee having no job might be the kicker that would push Lee into the race), I think the caretaker mayor would be just as happy to bow out. And the more times he says he won’t do it, and the more times players like the Chron urge him not to (and make it about civility and honoring his word) the harder it will be to jump in at the last minute.


(Before all the trolls attack me: I’m not telling Lee not to run. I’ve said all along: I hated the idea of a “caretaker” mayor, and I think Lee has been a great improvement over Gavin Newsom. I just think if he wants to run, he shouldn’t wait until the last minute. And the last minute is getting closer all the time.)


 

Chiu blocks health-care bill (for now)

22

Sup. David Chiu has blocked a health-care reform bill from advancing to the full Board of Supervisors. And it’s particularly ironic since he’s a cosponsor of the measure.


The bill, by Sup. David Campos, is a key labor priority this year. It modifies the Healthy San Francisco program, which requires businesses with more than 20 employees to either offer health insurance, pay about $1.09 an hour into a fund for the city’s own health-care system, or set aside money to reimburse workers for health-care expenses. The last option is the least effective; asthe Chron points out


Part of the problem, said Matt Goldberg of the city’s labor office, is that some individual employers tailor their plans so restrictively that it’s difficult for workers to tap into their accounts. At some businesses, he said, employees can’t get reimbursed for such expenses as dental work and health insurance premiums.


The other part of the problem: Employers set aside the money, and at the end of the year, if the workers haven’t used it, they simply take it back. The payments (which, frankly, are an alternative to benefits that an employee would consider part of his or her compensation) don’t roll over to the next year. Campos wants to change that (and in the process, perhaps, discourage businesses from using the benefits-account option, which doesn’t work very well for employees). The bill would require businesses to make the money they put aside in one year available for the next year.


The Chamber of Commerce hates it, of course, but Campos had six co-sponsors. Until July 14.


At the Government Audit and Oversight Committee, Campos — the committtee chair — sought to get the bill approved and sent on to the full board. Committee member Mark Farrell, of course, opposes it, so the swing vote was the third committee member, Chiu — who, to the surprise of Campos, insisted on holding it in committee.


Chiu told me that he still supports the idea of the legislation, but thinks it needs a little more work, and that it’s better to amend bills in committee than send them on to the full board with changes pending. His main concern, he said, was potential job loss.


The city’s economist, Ted Egan, concluded that there could be job loss — but not really. What he said was that the city could expect 20,000 new jobs next year, and 15,000 the year after — but this legislation might mean a loss of as many as 400. So instead of 20,000 new jobs, SF might wind up with 19,600. Since the 20,000 is clearly an estimate, the actual impact seems pretty minor. Chiu told me that 400 jobs lost out of 700 businesses wasn’t minor — but the reality is that this isn’t a huge economic deal for the businesses. Just for the employees.


Campos said he thinks Chiu “wants to water it down.”


Henoted: “from a public policy standpoint, the Health Care Security law was designed to relieve the burden on the taxpayers of coveirng the costs of uninsured employees, who wind up at the public hospital emergency room.” He noted that the health care accounts, which can amount to about $4,000 a year, are of only limited use for a lot of people — “that doesn’t even cover one night in the hospital.” (Tell me about it — when I broke my hand, I wasn’t even in the hospital overnight, but I had two surgeries, one to put pins in the bone and one to take them out, and the cost, before my insurance payments, was close to $20,000. I’d still be typing with one hand if I didn’t have real insurance.)


“I don’t know what the hesitation is,” Campos said. “That money is for the workers, it belongs to the workers, and in some restaurants, customers are being asked to pay extra fees to cover the cost of healthcare that isn’t being provided. The businesses that play by the rules are at a competitive disadvantage.”


It takes four votes to pull a measure out of committee and bring it to the board. Campos so far has three — himself, John Avalos and Eric Mar. I’ll keep you posted. 



 


 


 

Repulsed by Recology’s tactics, Kopp strikes name from Adachi initiative

36

Who knew that a bunch of garbage could get a taxpayer watchdog like former supe/state senator/judge Quentin Kopp threatening not to endorse Public Defender Jeff Adachi’s pension reform initiative? But that’s what happened according to Kopp, who adds that he was “personally insulted’ by a signature gatherer outside the West Portal post office last week, after he struck his name from a petition he had signed in support of Public Defender Jeff Adachi’s pension reform measure.

Adachi, who has reportedly been paying up to $5 per signature, also came under fire this week from opponents of his measure, who are threatening legal action after an undercover video showed four signature gatherers for Adachi’s measure soliciting signatures while making misleading statements about the proposal.

But this misbehavior had not been made public when Kopp encountered a signature gatherer last Friday, who asked if he would sign the Adachi petition. “I wrote my name and has just started to print it, when he said, how do you feel about Recology?” recalled Kopp, who is backing a ballot initiative that would require competitive bidding and hundreds of millions of dollars in franchise fees from firms who seek to win San Francisco’s garbage collection and recycling contract.

As such, Kopp’s initiative threatens to up-end the terms of an 80-year old charter amendment that resulted in Recology (formerly Norcal Waste Systems) gaining a contractless monopoly on San Francisco’s $226 million-a-year garbage and recycling stream. 

When Kopp asked the signature gatherer, who identified himself as Tim McArdle, why he was asking about Recology, McArdle said he had another petition on hand, which referred to the allegedly satisfactory service that Recology is providing.

At which point, Kopp began to strike his name from Adachi’s $5-a pop petition. McArdle allegedly interrupted, saying, “No, that’s not the same petition as Recology’s.” And when Kopp kept scratching out his name, McArdle allegedly began swearing at him, even allegedly employing the time-honored F-word. “A woman walked by and was shocked,” Kopp said.(So far the Guardian has been unable to locate McArdle, but when we do, we’ll be sure to update this post.)


When McArdle grabbed back his clipboard, Kopp said he was able to see that on its backside was what Kopp describes as ‘Recology’s phony petition.”

So, why is Kopp so repulsed by Recology? According to Kopp. Recology recently signed up the city’s top signature-gathering firms to work on their petition thereby preventing Kopp and his associates from hiring these firms to collect signatures for his competitive bidding initiative. “And they are doing so from our rates, the money we pay, its legalized misappropriation of our money,” Kopp claimed

So far, it seems as if Recology’s strategy is paying off, at least in the short term. This week, sponsors of the competitive bidding initiative announced that they will turn in their signatures by December 11 to qualify their measure for the June 2012 ballot—and not their original target of November 2011.

Their decision followed less than three weeks of signature-gathering, a tight squeeze that occured, in part, because the City Attorney’s Office  took the full 15 days allowed by law to review the language of the Kopp initiative, which was first submitted June 3.

Even so, and despite an extensive Recology-financed media campaign that included push polls and network and cable TV ads against competitive bidding,  proponents and volunteers with Kopp’s campaign managed to gather the 7,168 signatures they needed to qualify his initiative by the city’s July 11 deadline for submitting petitions for the November election. But some signatures could prove invalid, hence the decision to delay the competitive bidding initiative until June.

And the Guardian learned today that the Board’s Budget and Finance Committee has scheduled a July 20 hearing on whether to award Recology the city’s $11 million-a-year landfill disposal contract, with the full Board set to vote on the issue on July 26 and August 2. In other words, the Board is rushing to make a decision on the landfill, which would further consolidate Recology’s monopoly on the city’s waste stream, before the Board’s summer recess.

The Guardian has also learned that the Budget and Finance Committee will hear a resolution July 20 concerning Recology’s existing agreement with the city over garbage. Rumors are swirling that this hearing will allow Sup. Ross Mirkarimi, who sits on the committee, is running for sheriff and has allegedly been meeting with Mayor Ed Lee and Recology president and CEO Mike Sangiacomo behind closed doors, to insert a clause to allow for the payment of a $4 million franchise fee. But insiders assure the Guardian that Mirkarimi has no such plans, although Mirkarimi himself could not be reached.


Either way, as Kopp points out, the alleged proposed $4 million fee would only amount to 2 percent of Recology’s annual revenue from San Francisco ratepayers. ‘That’s almost an insult,” Kopp said, noting that Oakland, whose population is 340,000, (42 percent of San Francisco’s daytime population) gets a franchise fee of $30 million.

Now, in a recent report to the Board’s LAFCO committee, Recology claimed it provides $18 million annually in “free services” to the city. But the report did not include an independent analysis of Recology’s estimates, and therefore these claims raised the hackles of Kopp, Kelly and other competitive bidding proponents.

Kopp predicts a $4 million franchise fee would allow city leaders who oppose his measure to claim that one of the two objectives of his proposed initiative have been addressed.

In an interview with the Guardian earlier this year, Mayor Ed Lee said he felt that Recology “has justified its privilege to be the permit holder in San Francisco because of the things that it has been willing to do with us.”

Kopp said Lee repeated this position in June, and that Board President David Chiu recently said that he is opposed to monopolies in concept, but felt that any effort to allow competitive bidding on garbage services would tear the city apart.

“Chiu spoke in such draconian terms I thought I was in Iraq or Afghanistan,” Kopp said.

But these latest developments have strengthened Kopp and Kelly’s resolve to push ahead with their effort to give local residents a chance to decide whether competitive bidding would be better for San Francisco rate payers. As they point out, such a vote doesn’t mean Recology would be ousted from the city because they stand an excellent chance of winning any competitive bid. But it could mean that Recology is ousted from its current cost-plus arrangement with the city that allows them to make an estimated 10-20 percent profit.

And whatever happens, the upcoming battle threatens to shed light on Recology’s business model, which is based on vertical expansion into other counties and states, and the knowledge that, unlike the competitive bids it submits everywhere else in California, it has a guaranteed annual revenue of $225 million in San Francisco. In its 1996 filings with the Securities Exchange Commission, NorCal Waste and its 45 subsidiaries (now known as Recology) reported that San Francisco accounts for 50 percent of its annual revenue. And while those public filings are 15 years old, it’s clear Recology continues to rely on San Francisco for a large and guaranteed chunk of its income.

Or as one insider put it, “When you have a cost-plus contract, you can start buying things—like the Pier 96 development, and the recycling facility. And you can move profits to a different part of the company. You’re not competitively bidding the composting. And you can shift your profits out of San Francisco. And with a cost-plus contract, you put everything in the rates. For instance, the city says it wants composting. Ok, here’s the cost, here’s the bill. But you take the profit from the composting and invest it in San Jose, or San Bernardino, and use it to advance your other objectives, like buying two large landfills in Nevada and financing political campaigns.”

Meanwhile, Kopp says he plans to take Adachi to task for hiring the same signature gathering firm that is trying to undermine his petition.


“And I’m not planning to sign his petition now, and I might not endorse it,” Kopp said.
 




 

Daly blasts HuffPo SF’s choice of bloggers

30

In an open letter to Huffington Post former Sup. Chris Daly lays out why he thinks former Sup. Michela Alioto-Pier, mayoral candidate Joanna Rees and (perhaps not so interim) Mayor Ed Lee aren’t the best of choices to blog about San Francisco politics.

“Thank you for asking me to write for Huffington Post San Francisco,” Daly wrote. “However, I feel as if I must register a significant level of disappointment in who you rolled out today as your featured bloggers from the world of SF politics. It seems as if am the only one from San Francisco’s significant progressive elected political community.”

“Featuring Michela Alioto-Pier on the pages of Huffington Post only gives additional ammunition to those on the left who have become increasingly critical of Huffington Post since AOL’s acquisition,” Daly continued. “Alioto-Pier may seem kind of ‘liberal’ by skewed national standards, but she is decidedly conservative in San Francisco– opposing just about every progressive initiative in the last decade, from protecting rent control to checking reckless development to mitigating the negative influence of special interest money in elections. As an unabashed progressive, I was embarrassed to serve on the same Board as her and am now embarrassed to appear on the same web page with her bashing progressive homeless policy. Simply put, San Francisco’s very own Michele Bachmann now writes for the Huffington Post!”

Next, Daly laid into mayoral candidate Joanna Rees, Sup. Malia Cohen and Mayor Lee. “Rees, Cohen, and Lee may not have quite the same conservative credentials, but Lee and Cohen just green-lighted the largest demolition of rent controlled housing in SF history,” Daly observed. “So it probably shouldn’t surprise anyone that Ed Lee’s initial HuffPo blog is generally based on the Scott Walker political philosophy of blaming unions for current economic/budget woes, when the rest of us know that large corporations, financial institutions, and government deregulators are really to blame. While trying to make public sector workers pay to balance our budget, Lee has left Corporate San Francisco off the hook, with no progressive taxation proposal even on the table for consideration. Meanwhile, Rees can hardly veil her neo-liberal agenda for San Francisco government.”

Daly concluded by suggesting that HuffPo needs to  work harder to incorporate more truly progressive political voices. “If not, you’ll just become a rehash of SFGate, without their more significant rooting in our City,” he warns.

But he didn’t overtly mention HuffPo’s failure to pay its bloggers—a sore point that got a bunch of unpaid bloggers slapping HuffPo and aol.com with a $105 million class action suit earlier this year, after Arianna Huffington sold her website to aol.com for $315 million.

Asked if HuffPo was paying him for his posts, Daly replied, “Nope, I can’t recall ever getting paid for my writing.”

He also noted that Board President David Chiu, mayoral candidate and Sup. John Avalos and Rep. Nancy Pelosi have been invited to write for the online publication, though they don’t have any blog posts up yet. So stay tuned. 

In an emailed reply to Daly, HuffPo SF editor Carly Schwartz claimed that she “completely understands” the former bad-boy-on-the-Board’s concerns.

“But Huffington Post’s mission is to go ‘beyond left and right,’ and as such, we wanted to reflect a wide array of political philosophies in our blogger lineup. (As someone who identifies as a progressive personally, I was quite pleased to feature you second from the top!),” Schwartz wrote. “You’ll notice our national bloggers come from across the spectrum as well — we have everyone from Howard Dean to Andrew Breitbart. Our goal is to bring the voices of the city to life, whether they be progressive, conservative, controversial, or just middle of the road — we want to get our residents talking. Which we have successfully done, given your response!”

“You’ll also notice we have more featured bloggers to roll out from the political community in the coming days, from Dennis Herrera to John Avalos to David Chiu to Nancy Pelosi…we simply didn’t have room for everyone on our launch day,” Schwartz continued (potentially upsetting the mayoral candidate applecart with her decision to feature Daly before folks who are currently in office AND running for office this fall).

“As someone who very much identifies with the progressive community, I would be so thrilled if you could suggest some more progressive political personalities for our page,” Schwartz concluded. Oh, and she suggested that Daly fold his concerns into his next blog post…

Parks Inc.

6

steve@sfbg.com

Should the city be trying to make money off of its parks, recreation centers, and other facilities operated by the Recreation and Park Department? That’s the question at the center of several big controversies in recent years, as well as a fall ballot measure and an effort to elevate revenue generation into an official long-term strategy for the department.

So far, the revenue-generating initiatives by RPD General Manager Phil Ginsburg and former Mayor Gavin Newsom have been done on an ad hoc basis — such as permitting vendors in Dolores Park, charging visitors to Strybing Arboretum, and leasing out recreation centers — but an update of the Recreation and Open Space Element (ROSE) of the General Plan seeks to make it official city policy.

The last of six objectives in the plan, which will be heard by the Planning Commission Aug. 4, is “secure long-term resources and management for open space acquisition, operations, and maintenance,” a goal that includes three policies: develop long-term funding mechanisms (mostly through new fees and taxes); partner with other public agencies and nonprofits to manage resources; and, most controversially, “pursue public-private partnerships to generate new operating revenues for open spaces.”

The plan likens that last policy to the city’s deal with Clear Channel to maintain Muni bus stops with funding from advertising revenue, saying that “similar strategies could apply to parks.” It cites the Portland Parks Foundation as a model for letting Nike and Columbia Sportswear maintain facilities and mark them with their corporate logos, and said businesses such as bike rental shops, cafes, and coffee kiosks can “serve to activate an open space,” a phrase it uses repeatedly.

“The city should seek out new opportunities, including corporate sponsorships where appropriate, and where such sponsorship is in keeping with the mission of the open space itself,” the document says.

Yet that approach is anathema to how many San Franciscans see their parks and open spaces — as vital public assets that should be maintained with general tax revenue rather than being dependent on volunteers and wealthy donors, subject to entry fees, or leased to private organizations.

That basic philosophical divide over how the city’s parks and recreational facilities are managed has animated a series of conflicts in recent years that have soured many people on the RPD. They include the mass firing of rec directors and leasing out of rec centers, the scandal-tinged process of selecting a new Stow Lake Boathouse vendor, new vending contracts for Dolores Park, the eviction of the Haight Ashbury Neighborhood Center recycling facility, plans to develop western Golden Gate Park and other spots, the conversion by the private City Fields Foundation of many soccer fields to artificial turf, and the imposition of entry fees at the arboretum.

Activists involved in those seemingly unrelated battles united into a group called Take Back Our Parks, recognizing that “it’s all the same problem: the monetization of the park system,” says member John Rizzo, a Sierra Club activist and elected City College trustee. “It’s this Republican idea that the parks should pay for themselves.”

And now, with the help of the four most progressive members of the Board of Supervisors, the group is putting the issue before voters and trying to stop what it calls the auctioning off of the city’s most valuable public assets to the highest bidders.

The Parks for the Public initiative — which was written by the group and placed on the ballot by Sups. John Avalos, David Campos, Eric Mar, and Ross Mirkarimi — is intended to “ensure equal public access to parks and recreation facilities and prevent privatization of our public parks and facilities,” as the measure states. It would prevent the department from entering into any new leases or creating new entry fees for parks and other facilities.

Even its promoters call it a small first step that doesn’t get into controversies such as permitting more vending in the parks, including placing a taco truck in Dolores Park and the aborted attempt to allow a Blue Bottle Coffee concession there. But it does address the central strategy Newsom and his former chief of staff, Ginsburg, have been using to address the dwindling RPD budget, which was slashed by 7 percent last year.

“What a lot of us think the Recreation and Parks Department is actually doing is relinquishing the maintenance of park facilities to private entities,” says Denis Mosgofian, who founded the group following his battles with RPD over the closures and leases rec centers. “They’re actually dismantling much of what the public has created.”

He notes that San Francisco voters have approved $371 million in bonds over the last 20 years to improve parks and recreation centers, only to have their operations defunded and control of many of them simply turned over to private organizations that often limit the public’s ability to use them.

By Mosgofian’s calculation, at least 14 of the city’s 47 clubhouses and recreation centers have been leased out and another 11 have been made available for leases, often for $90 per hour, which is more than most community groups can afford. And he says 166 recreation directors and support staffers have been laid off in the last two years, offset by the hiring of at least nine property management positions to handle the leases.

Often, he said, the leases don’t even make fiscal sense, with some facilities being leased for less money than the city is spending to service the debt used to refurbish them. Other lease arrangements raised economic justice concerns, such as when RPD evicted a 38-year-old City College preschool program from the Laurel Hill Clubhouse to lease it to Language in Action, a company that does language immersion programs for preschoolers.

“Without telling anyone, they arranged to have a private, high-end preschool go in,” Rizzo said, noting that its annual tuition of around $12,000 is too expensive for most city residents and that the program even fenced off part of the playground for its private use, all for a monthly lease of less than $1,500. “They don’t talk to the neighbors who are affected or the users of the park … We’re paying for it and then we don’t have access to it.”

They also refused to answer our questions. Neither Ginsburg nor Recreation and Park Commission President Mark Buell responded to Guardian messages. Department spokesperson Connie Chan responded by e-mail and asked us to submit a list of questions, which department officials still hadn’t answered at Guardian press time. But it does appear that the approach has at least the tacit backing of Mayor Ed Lee.

“In order to increase its financial sustainability in the face of ongoing General Fund reductions, the Recreation and Parks Department continues to focus on maximizing its earned revenue. Its efforts include capitalizing on the value of the department’s property and concessions by entering into new leases and developing new park amenities, pursuing philanthropy, and searching for sponsorships and development opportunities,” reads Mayor Lee’s proposed budget for RPD, which includes a chart entitled “Department Generated Revenue” that shows it steadily increasing from about $35 million in 2005-06 to about $45 million in 2011-12.

And that policy approach would get a big boost if it gets written into the city’s General Plan, which could happen later this year.

Land use attorney Sue Hestor has been fighting projects that have disproportionately favored the wealthy for decades, often using the city’s General Plan, a state-mandated document that lays out official city goals and policies. She also is concerned that the ROSE is quietly being developed to “run interference for Rec-Park to do anything they want to.”

“By getting policies into the General Plan that are a rationalization of privatization, it backs up what Rec-Park is doing,” Hestor said, noting how much influence Ginsburg and his allies have clearly exerted over the Planning Department document. “It’s effectively a Rec-Park plan.”

Sue Exeline, the lead planner on ROSE, said the process was launched in November 2007 by an Open Space Task Force created by Newsom, and that the Planning Department, Neighborhood Parks Council, and speakers at community meetings have all influenced its development. Yet she conceded that RPD was “a big part of the process.”

When we asked about the revenue-generating policies, where they came from, and why they were presented in such laudatory fashion without noting the controversy that underlies them, Exeline said simply: “It will continue to be vetted.” And when we continued to push for answers, she tried to say the conversation was off-the-record, referred us to RPD or Planning Director John Rahaim, and hung up the phone.

The rationale for bringing in private sources of revenue: it’s the only way to maintain RPD resources during these tight budget times. A July 5 San Francisco Examiner editorial that praised these “revenue-generating business partnerships” and lambasted the ballot measure and its proponents was titled “Purists want Rec and Park to pull cash off trees.”

But critics say the department could be putting more energy into a tax measure, impact fees, or other general revenue sources rather than simply turning toward privatization options.

“We need to see revenue, but we also need to stop the knee-jerk acceptance of every corporate hand that offers anything,” Mosgofian said. “Our political leadership believes you need to genuflect before wealth.”

And they say that their supporters cover the entire ideological spectrum.

“We’re getting wide support, everywhere from conservative neighborhoods to progressive neighborhoods. It’s not a left-right issue, it’s about fairness and equity,” Rizzo said.

In sponsoring the Parks for the People initiative and unsuccessfully trying to end the arboretum fees (it failed on a 5-6 vote at the Board of Supervisors, with President David Chiu the swing vote), John Avalos is the one major mayoral candidate that is raising concerns about the RPD schemes.

“Our parks are our public commons. They are public assets that should be paid for with tax dollars,” Avalos told us. He called the idea of allowing advertising and corporate sponsorships into the parks, “a real breach from what the public expects from parks and open space.”

When asked whether, if he’s elected mayor, he would continue the policies and let Ginsburg continue to run RPD, Avalos said, “Probably not. I think we need to make a lot of changes in the department. They should be given better support in the General Fund so we don’t have to make these kinds of choices.”

ROSE will be the subject of informational hearings before the Planning Commission on Aug. 4 and Sept. 15, with an adoption hearing scheduled for Oct. 13. Each hearing begins at noon in Room 400, City Hall, 1 Dr. Carlton B. Goodlett Dr., San Francisco.

 

The city’s godawful computer problem

1

Mission Local has a stunning report on a Board of Supervisors Public Safety Committee meeting, at which the supes tried to sort out the mess that is the city’s 14-year project to combine all public safety computer systems. Check it out:


Fourteen years later, there are still no answers as to when the project will be completed. And there’s no answer to another big question, as well: At a meeting of the city’s Public Safety Committee on Thursday, Deputy City Administrator Linda Young told Supervisor David Chiu that she is not even sure what the project’s current budget is.


“This is unacceptable,” said Chiu.


And:


Supervisor David Campos, also on the committee, chimed in, asking if Young had a timeline for the project’s completion.


Young looked beseechingly at the group of JUSTIS staff members standing behind her. None of them spoke.


“No,” she said, finally.


Not a pretty picture.

Mayor Lee’s budget deal

0

The way the daily newspapers are presenting it, the budget that Mayor Ed Lee and the Board of Supervisors Budget and Finance Committee negotiated represents a new era of civility and cooperation at City Hall. The committee, after marathon negotiations, approved the $6.8 billion deal unanimously. Both sides called it a good process and a good result.

And indeed, by any standard, the way Lee worked with community groups was a huge breakthrough. After 16 years of essentially being cut out of the process under mayors Willie Brown and Gavin Newsom, the stakeholders — the people who provide the essential city services — were actually at the table. And the final blueprint isn’t as bad as it could be.

But it’s still a budget that does nothing to restore the roughly $1 billion of General Fund cuts over the past five years, that seeks no new taxes from big business or the wealthy, and that includes spending on a new Police Academy class that even the mayor doesn’t think the city needs.

And from the start, the mayor and his staff were absolutely determined to privatize security at the city’s two big public hospitals — even when it makes no political or fiscal sense.

The privatization plan was the centerpiece of what became a 13-hour shuttle diplomacy session, as staffers and supervisors sought to reach a deal they could all accept. The Mayor’s Office — particularly Steve Kawa, the chief of staff — put immense pressure on the committee members to accept a plan to replace deputy sheriffs with private security guards at San Francisco General and Laguna Honda hospitals. In the grand scheme of things, the $3 million in projected savings wasn’t a huge deal — but the politics was unnecessarily bloody. It’s as if Lee and Kawa were determined to privatize something, whatever the cost.

In the end, Sup. Jane Kim deserves considerable credit for holding firm and refusing to accept the proposal — and since Sup. David Chiu went along with her, they joined Sup. Ross Mirkarimi as a three-vote majority on the five-member panel and shot it down.

Police Chief Greg Suhr pushed for funding for a new police academy class to train 35 officers at a cost of $3.5 million (that’s $100,000 a cop). “I don’t think the department has looked hard enough at how we deploy the existing officers,” Sup. John Avalos told us.

And some key issues are still up in the air — for example, whether the mayor will adequately fund public financing of the November campaigns. With at least eight serious candidates running for mayor (not counting Lee), and most of them looking for the public financing that will help level the playing field, the city’s going to have to come up with at least several million dollars. That’s critical to the fairness of the election.

The bottom line remains: This city has been deeply damaged by years of cuts. And the next budget needs to start with a plan to repair that.

Is LEED really green?

news@sfbg.com


The archangel of sustainable development has arrived, promising much needed city housing that will add to the “social fabric of the waterfront community” with its glamorous green rooftops and unheard-of bay views. This is going to be the greenest building of them all, or so we’ve been told, but the truth is a bit more complicated.


A condominium development 25-plus years in the making, 8 Washington would transform the site of the Golden Gateway Tennis and Swim Club near Pier 39. The developer plans to renovate the recreation center with a larger fitness facility, provide two new waterfront parks with public access, and supply 30,000 feet of ground-floor retail stores and restaurants beneath its 165 new luxury apartments.


Sounds nice, doesn’t it? The problem with this $345 million project is that it’s being touted, with its “green building” LEED certification, as the most sustainable structure it can possibly be.


But there’s nothing sustainable about building high-end condos in San Francisco, a city with too many high-end condos and not enough affordable housing. And LEED (Leadership in Energy and Environmental Design), the most popular sustainable development certification system in the country, is a lie — at least as your friendly neighborhood building developer is marketing it.


LEED, the baby of the U.S. Green Building Council (USGBC) is a great marketing tool for developers in San Francisco, the city with the single most LEED certified buildings in the United States. San Francisco was just named the “greenest” city in North America at the 2011 Aspen Ideas Festival, largely due to its extensive representation of green buildings — which normally means structures built with recycled materials, near a transportation hub, featuring some solar panels or other renewable energy sources.


“LEED is certainly a positive thing,” Planning Commission President Christina Olague told us. “There’s this whole push toward green sustainability.”


The project’s “platinum” LEED status is all a San Francisco developer could hope for to attract the green — and more important, the city’s approval.


“LEED certification is part and parcel to the vision for the project,” said PJ Johnston of PJ Johnston Communications, speaking for the developer. “The city, neighborhood, and waterfront deserve healthy, sustainable structures, living spaces, public spaces, and amenities. That’s exactly what 8 Washington will bring.”


LEED has become the final word in green building — if your building is LEED certified, you’re golden. But all this green they’ve been feeding us is really a misleading, incomplete rating system.


The first thing to consider is that sustainable development, even if it uses recycled materials and 10 percent sun-powered electricity, is still development. Any time a structure is torn down, “the energy and materials in that [original structure] are going to get sent to landfills somewhere. You gotta calculate all that,” said sustainable development activist Brad Paul, a former SF deputy mayor, who believes in considering the entire “life cycle of a building” in determining its sustainability.


Even the Environmental Protection Agency sometimes discounts essential considerations of sustainable building. When it sought a new SF office space in 2009, its intention was to find a home that was “a model of sustainable development,” the SF Biz Times reported. But its first choice was to build new development, at the site at 350 Bush Street — with its environmental costs of demolition, throwing out old materials, and starting from scratch.


Last month, the EPA decided to remain at 75-95 Hawthorne Street instead of moving to a new building, but not because it was the sustainable choice. No deal was reached for 350 Bush, and as Regional Public Affairs Officer Traci Madison said, “There was no other option to choose from.”


Although it’s a measure of a structure’s material sustainability, LEED does not consider a building’s life cycle, or even its use. Consider 8 Washington. The developer has boasted that it’s the most expensive housing project in San Francisco history, with a hefty price tag of $3 million to $10 million per apartment.


“Who can afford these luxury condos, and what do they use them for?” Paul asks. “These guys who work for hedge funds on Wall Street,” who use the condo as a second or third home and commute on their private jets to get there.


Johnston said 8 Washington will be marketed to a “mix of buyers, including young professionals, empty-nesters looking to move back to San Francisco, and families … The project has many two- and three-bedroom units, encouraging family living,” he said. But it’s unlikely that those who can afford a condo of this luxury will make it their only home.


“[Board President] David Chiu says he’s worried about SF becoming a bedroom community for Silicon Valley,” said Paul. “I’m more worried about this being a bedroom community for New York, Boston, L.A.”


Instead of providing the affordable housing that San Francisco so needs, projects like 8 Washington attract the wealthy, who aren’t using public transportation. Instead, Paul said, they burn tons of fossil fuels using their new condos as weekend getaways.


 


LEED FOR THE RICH


LEED certifies buildings as “sustainable developments” based on the following categories: sustainable sites, water efficiency, energy and atmosphere, materials and resources, indoor environmental quality, and innovation in design and regional priority.


Earning points in each category brings a building closer to LEED certification, which requires at least 40 points. Above “silver” and “gold” status, a “platinum” LEED certification requires 80 points. But how builders get the points is what matters. For example, a developer might skimp on the insulation to install extra solar panels and get more points for a less efficient building.


Does LEED consider a building’s actual use? “The short answer is no,” said Jennifer Easton, a communications associate at the USGBC who added, “We want [LEED] to be used by every type of project.” But despite its billing, LEED tells an incomplete story.


“It’s just green drapery,” said SF attorney Sue Hestor, a slow growth advocate. “They’ve really had a PR machine. They keep touting all this greenness.”


LEED certification has value, Paul said, but it doesn’t turn multimillion dollar condos green. “There is absolutely no need for high-end luxury housing in the city right now,” he said.


Building luxury condos in place of affordable housing encourages the “Manhattanization” phenomenon, attracting wealthy out-of-towners to expend fuel on their private jets to get to their new crash pads.


“They aren’t gonna be living there all year,” Olague said of residents of luxury housing. “We hear a lot of, ‘We need more housing.’ If you keep building housing for the top 2 percent, how does it lessen the demand on your average workforce?”


But not everyone sees luxury condo-building as counterproductive. “Building that project actually allows for more affordable housing,” said Gabriel Metcalf, executive director of SPUR (San Francisco Planning + Urban Research Association). “It’ll provide housing for some people, and that can only be helpful to the housing market. If you don’t build new condos, then people just compete for the crumbs, and that means people who are rich push the rest of us out.”


In other words, if you give the rich housing, then they won’t take over your flat in the Mission — if they ever really wanted it in the first place. “I don’t think we can impose some kind of hipster elitism that they’re not our kind of people so they’re not allowed in,” Metcalf said of the wealthy out-of-towners.


LEED agrees. “We don’t want [LEED] to be for one specific group of people,” Easton said. “We have LEED-certified homeless shelters, but having a LEED certified luxury condo building is an advantage. We can’t control if someone is flying across the country in a jumbo jet every day — but we can control their energy efficiency in a building.”


 


WHO RIDES BUSES?


For the typical working class San Franciscan, living modestly is a must and public transportation is essential. So there’s an inherent environmental advantage to attracting residents who don’t rely on polluting planes and cars.


“There’s a definite need for workforce housing, middle class housing in San Francisco,” Paul says. “I guarantee you none of those people get there by private jet. The less income people have, the more likely they’re going to be to use public transit.”


But 8 Washington and luxury developments like it don’t foster public transit. The more wealthy people who move in, the more low-income residents get displaced — to the East Bay or other areas with more affordable housing. It’s another strike against sustainability when these workers opt to drive back into the city for work instead paying for BART, says Paul, particularly when they drive older, less-efficient cars.


“LEED was a way to spell an environmentally friendly product, but you have to figure in the extra driving,” said Paul.


But 8 Washington gets LEED points for building on a site close to public transit in an attempt to discourage individual car pollution. But will wealthy condo owner actually take the infrequent F-line with all the tourists instead of parking their $150,000 car in the underground parking garage right below their feet?


“When you’re talking about sustainable practices and reducing greenhouse gas emissions and how it relates to land use planning, it makes you wonder if that’s supposed to [solely] relate to housing people near transit corridors,” said Olague. “It seems to me you have to look at equity.”


The garage at 8 Washington, to be built below sea level under the condos, will house 415-plus parking spaces. The developer says that 250 of the spaces will be offered as public parking for the busy Ferry Building down the street, but the 165 additional spaces guarantee one parking space for each residential unit.


“Given the larger size of the residential units and the fact that the majority of the units are two to three bedrooms, we believe that one parking space per dwelling is appropriate,” said Johnston. Appropriate, maybe, but not environmentally friendly.


 


PROMISES AND REALITY


Wealthy people and affordable housing aside, LEED doesn’t actually measure the energy used in a building, says New York City-based architectural associate Henry Gifford. He filed a $100 million class action lawsuit against LEED last October for gaining a monopoly on the sustainable development market by making false claims about buildings’ energy savings.


“They say that the building is required to be energy efficient. But the building doesn’t have to be energy efficient — it just has to earn points, to promise it’s going to be energy efficient,” Gifford said.


It’s up to the developer what computer software is used to predict a building’s energy efficiency, and Gifford says that computer diagrams can easily be manipulated and do not consider inconsistent factors, like weather.


“California is the promise land,” said Gifford. “All you’re required to do is provide a promise. The sad thing is that it removes all the integrity from the process — it encourages lying.”


Furthermore, once the building is built and has achieved LEED certification, the building’s actual energy use in its life cycle isn’t considered. The only way you can truly know if a building is energy efficient is by looking at the utility bills, says Gifford. But once it’s LEED-certified, who cares?


There is a voluntary program called Building Performance Partnership (BPP) that tracks a building’s energy and water use over time. “The idea is we want LEED to be a system where it enacts change in the actual building,” said Easton. But the problem is the building has already gained LEED certification before the first utility bill is even mailed.


“We publish baseball scores. With everything in life, people get scored,” said Gifford, who operates with transparency in developing energy efficient buildings in New York, hosting open houses after buildings are built with printouts of their recent utility bill history.


LEED was never intended to have the final say on sustainable building, to be a seal of green approval, according to a New York Times op-ed by Alec Appelbaum last year (“Don’t LEED us astray,” 5/19/10). “Rather it was to be a set of guidelines for architects, engineers, and others who want to make buildings less wasteful. However, developers quickly realized that its ratings — certified, silver, gold, or platinum — were great marketing tools, allowing them to charge a premium on rents.”


Therein lies the issue. Yes, 8 Washington will “allow for more ‘eyes on the street’ at all hours of the day” and provide two or three-bedroom units for families who can afford them, as it promises. But a sustainable structure is far different than the promise of a sustainable life cycle of a building. And a promise is just that. *


UPDATE: Jennifer Easton at LEED wrote to inform us that, although the 8 Washington website clearly states that the project will include LEED certified buidlings, “We would like to clarify that 8 Washington is not a LEED-certified project, nor a LEED-registered project.”


 


PLANNING COMMISSION HEARINGS


July 7: Community Vision for San Francisco’s Northeast Waterfront


July 14: City demographics and sustainability; the need for low-income housing; presentation of “jet fuel burn rate” argument.


July 21: 8 Washington’s EIR approval hearing


All hearings to be held at 12 p.m. in the Commission Chambers, Room 400, City Hall, 1 Dr. Carlton B. Goodlett Place.




JET FUEL BURN RATE FOR LUXURY CONDOS


 


Let’s assume that just five of the 165 condo buyers at 8 Washington (3 percent) are Wall Street hedge fund traders or venture capitalists using them as second or third homes. Let’s also assume they’ll use them 1.5 times a month and commute to SF aboard their business jet, a reasonable assumption for Wall Street execs making tens of millions in salary and bonuses. Why would they fly by private jet rather than take Southwest or Amtrak? Because they can. This must be factored into any environmental analysis of a project that explicitly markets to this demographic and include the following:


Mid to large size business jets used to fly cross country (Hawker 800XP, Gulfstream G2/ G3, Bombardier Global Express) on average burn 400 gallons of jet fuel/hour, take 6 hours to fly New York to SFO and 5 hours for return trip. Therefore, a single round trip burns:


11 hours X 400 gallons per hour = 4,400 gallons of jet fuel per trip. A typical family car uses 1,200 gallons of gas per year, so one flight from NYC to 8 Washington equals almost four years of driving a family car.


1.5 trips/mo. = 6,600 gallons X 12 months = 79,200 gallons of jet fuel/year or the equivalent of driving a family car for 66 YEARS each month.


Using our example of five residents, the numbers over one year and 20 years are:


5 X 79,200 gallons/per year = 396,000 GALLONS OF JET FUEL A YEAR or equal to driving a family car 330 years, A THIRD OF A MILLENNIUM, each year.


396,000 gal. X 20 yrs. = 7,920,000 gallons of jet fuel, equivalent of driving family car 6,600 years, OVER 6 MILLENNIUM, in 20 years.


Given this reality, the 8 Washington environmental impact report must analyze such questions as:


How many solar panels are needed compensate for burning 396,000 gallons of jet fuel/year? How many low flow toilets would make up for burning 396,000 gallons of jet fuel/year? Etc.

Editorial: Mayor Lee’s budget deal

1

The way the daily newspapers are presenting it, the budget that Mayor Ed Lee and the Board of Supervisors Budget and Finance Committee negotiated represents a new era of civility and cooperation at City Hall. The committee, after marathon negotiations, approved the $6.8 billion deal unanimously. Both sides called it a good process and a good result.

And indeed, by any standard, the way Lee worked with community groups was a huge breakthrough. After 16 years of essentially being cut out of the process under mayors Willie Brown and Gavin Newsom, the stakeholders — the people who provide the essential city services — were actually at the table. And the final blueprint isn’t as bad as it could be.

But it’s still a budget that does nothing to restore the roughly $1 billion of General Fund cuts over the past five years, that seeks no new taxes from big business or the wealthy, and that includes spending on a new Police Academy class that even the mayor doesn’t think the city needs.

And from the start, the mayor and his staff were absolutely determined to privatize security at the city’s two big public hospitals — even when it makes no political or fiscal sense.

The privatization plan was the centerpiece of what became a 13-hour shuttle diplomacy session, as staffers and supervisors sought to reach a deal they could all accept. The Mayor’s Office — particularly Steve Kawa, the chief of staff — put immense pressure on the committee members to accept a plan to replace deputy sheriffs with private security guards at San Francisco General and Laguna Honda hospitals. In the grand scheme of things, the $3 million in projected savings wasn’t a huge deal — but the politics was unnecessarily bloody. It’s as if Lee and Kawa were determined to privatize something, whatever the cost.

In the end, Sup. Jane Kim deserves considerable credit for holding firm and refusing to accept the proposal — and since Sup. David Chiu went along with her, they joined Sup. Ross Mirkarimi as a three-vote majority on the five-member panel and shot it down.

Police Chief Greg Suhr pushed for funding for a new police academy class to train 35 officers at a cost of $3.5 million (that’s $100,000 a cop). “I don’t think the department has looked hard enough at how we deploy the existing officers,” Sup. John Avalos told us.

And some key issues are still up in the air — for example, whether the mayor will adequately fund public financing of the November campaigns. With at least eight serious candidates running for mayor (not counting Lee), and most of them looking for the public financing that will help level the playing field, the city’s going to have to come up with at least several million dollars. That’s critical to the fairness of the election.

The bottom line remains: This city has been deeply damaged by years of cuts. And the next budget needs to start with a plan to repair that.

 

 

Smooth sailing for developers

3

rebeccab@sfbg.com

It’s a mad dash at San Francisco City Hall to put all the pieces together in preparation for the America’s Cup, the prestigious regatta that will culminate in the summer of 2013 along the city’s northern waterfront. But once that spectacle is over, the biggest impact of the event will be a massive, lasting, and quite lucrative transformation of the city’s waterfront by a few powerful players, a deal that has been modified significantly since it was approved by the Board of Supervisors.

As negotiations on the fine terms of the development agreements continue to unfold, the future landscape of a huge section of the San Francisco waterfront is in play. If the America’s Cup Event Authority (ACEA) — the race management team controlled by billionaire Oracle CEO Larry Ellison — aims high in its investments into port-owned infrastructure, it has the potential to lock-in leases and long-term development rights for up to nine piers for 66 years, with properties ranging from as far south as Pier 80 at Islais Creek to as far north as Pier 29, home of the popular dinner theater Teatro ZinZanni.

The possibility of securing long-term leases and development rights to Piers 19, 23, and 29 — provided race organizers sink more money into infrastructure improvements — was added to the deal in the last two weeks of 2010, just before San Francisco won its bid to host the world-famous sailing match. The possibility of obtaining rights to portions of two additional piers, 27 and 80, were also added at the last minute. Race organizers and city officials negotiated the final modifications after the Board of Supervisors signed off on the Host City Agreement on Dec. 14, 2010.

Not all board members knew that three additional city-owned piers were being added as possible extensions of the land deal, and those properties weren’t mentioned in any of the earlier documents that went through a public review process in the months leading up to the approval of the agreement. Yet Board President David Chiu was evidently appraised of how the last-minute negotiations were unfolding and he quietly offered his support.

On Dec. 22, 2010, Chiu sent a letter to Russell Coutts, CEO of Oracle Racing, the team that won the 33rd America’s Cup and is an integral player in laying plans for the 34th. “I understand that Mayor Newsom and the city’s team have been working directly with you since the board’s approval of the Host City Agreement to make the necessary adjustments and clarifications to the agreement to ensure it meets your needs. I am aware of these changes and support them,” Chiu wrote in a letter that was not shared with his fellow supervisors.

Quoting from a section of the agreement that explains that ACEA is ensured long-term development opportunities in exchange for funding improvements and upgrades, Chiu’s letter went on, “This section specifically applies to … Piers 30-32 and Seawall Lot 330, as well as Piers 26 and 28, and if mutually agreeable could apply to Piers 19, 23, and 29. To obtain the community’s support and agreement for future development rights to piers on the northern waterfront, you will need to invest in a strong partnership with the community … I am prepared to help facilitate that relationship.”

Former Board President and Democratic County Central Committee Chair Aaron Peskin, who has closely followed the America’s Cup land deal and has for decades been actively involved in land-use issues along the northern waterfront, interpreted Chiu’s letter to Coutts as a backroom deal.

“There is no question that the president of the board, without the authorization of the majority of the Board of Supervisors, went behind closed doors, out of view of the public, and committed to [long-term development] for three piers,” Peskin said, highlighting the fact that no other supervisors were copied on Chiu’s letter. “That he has done this unilaterally, without the consent of a board’s vote at a board meeting, is not good governance. If there’s one body that’s supposed to do all of its work for the public, it’s the Board of Supervisors.”

Chiu defended the letter by emphasizing the part that asked for a partnership with the community. “This was all within the broader framework of the Host City Agreement that we signed in the middle of December,” he told the Guardian when presented with the letter during an interview and asked to comment. “They had questions about, well, can we develop on these other piers? And what I said was, ‘Well, as I think the language here specifically says if mutually agreed upon … you could possibly do this.’ And we specifically said you’ll need to invest in a strong partnership with the community.”

He added that specific development plans would still have to be approved by the Board of Supervisors. Proposals for each parcel will be made in separate Disposition and Development Agreements, subject to board approval.

On hearing Chiu’s response, Peskin was still critical of the lack of transparency in this deal: “My position is, if it walks like a duck and quacks like a duck, it’s a duck.”

Meanwhile, an analysis prepared by Budget Analyst Harvey Rose in mid-March suggests that the final amendments did reflect new commitments for the city that go well beyond what was discussed publicly. “No city approval of the Event Authority’s selection of Pier 29 for a long-term lease is required in the agreement, as modified by the Mayor’s Office and other city officials,” the Budget Analyst’s report notes. “This entire provision … was not included in the agreement of Dec. 14, 2010 as previously approved by the Board of Supervisors.”

Brad Benson, special projects manager at the Port of San Francisco, explained the Pier 29 provision slightly differently. “The city would have to be acting in its reasonable discretion to say no,” he said, emphasizing that ACEA would have to invest well above the $55 million threshold to obtain rights to Pier 29.

At a time when a new era of civility is being hailed at City Hall, two elements of the city family are essentially agreeing to disagree on the broader question of whether the 11th-hour modifications to the deal resulted in a greater hit to city coffers than supervisors approved. While Rose stated in public hearings that the modifications would deal a greater blow to city revenues, City Attorney Dennis Herrera, a mayoral candidate, has stood with the Office of Economic and Workforce Development in his assessment that the changes did not significantly exceed the scope of what was approved by the board. Fred Brousseau of the Budget & Legislative Analyst chalked it up to “a difference in opinion,” reflecting “the auditor’s standard for materiality versus the city attorney’s.”

Legalese aside, it’s clear that the race organizers stand to gain some highly desirable waterfront property in exchange for investing in the piers and bringing an event to the city that is expected to generate substantial economic activity. If ACEA invests a minimum threshold of $55 million for infrastructure improvements, it can likely secure long-term development rights for Piers 30-32, a 13-acre waterfront parking lot where Red’s Java House is located, plus win the title to Seawall Lot 330, a two-acre triangular parcel along the Embarcadero that has been discussed as the site of a future luxury condo tower that has already cleared city approval for that use.

A high-rise next door to Seawall Lot 330, called the Watermark, currently has condos going for $1.2 million apiece on average, according to a calculation of online listings. Under the America’s Cup deal approved by the board, the port would have received 1 percent of each condo sale plus 15 percent of transfers or subleases made by ACEA. “Such required payments … have been entirely removed from the agreement as modified by the Mayor’s Office and other city officials,” the budget analyst’s report points out.

Waterfront real estate in San Francisco, always expensive, has recently soared to even higher values. According to a June 22 article in the San Francisco Business Times, Farallon Capital Management recently put up for sale a 3.36-acre parcel in Mission Bay zoned for life science and tech office space — and it’s expected to fetch around $90 million. This past April, BRE Properties shelled out $41.4 million for two Mission Bay residential development sites entitled for 360 residential units, and last year, Salesforce.com acquired a 14-acre Mission Bay property for $278 million, or $140 per buildable square foot.

By comparison, the $55 million that ACEA must invest to be granted a two-acre waterfront parcel on the Embarcadero, plus long-term rights to lease and develop an additional 13 acres across the street, sounds like a good deal. “We’re using an appraisal approach. It’s not going to ridiculously undervalue the property,” Benson said. Under changes made to the deal after the board signed off, base rent for Piers 30-32 will be $4 per square foot of building area. Rent for all other possible piers will be $6 per square foot of building area.

The ability to transfer city-owned Seawall Lot 330 outright to the ACEA is predicated on the approval by the State Lands Commission to strip that property of constraints placing it, like all coastal properties, in the public trust. Lt. Gov. Gavin Newsom, who pushed the deal as mayor, is one of the three members of that commission.

Under a provision in the agreement, the ACEA’s $55 million investment will be applied toward rent credits on city-owned parcels — and depending on how much the company puts in, that credit balance can increase by 11 percent every year. Benson described this as a typical arrangement, saying, “It’s not out of the line with other rent-credit deals the port has done.”

Two former mayoral advisors from OEWD, Kyri McClellan and Alexandra Lonne, have since gone to work for the America’s Cup Organizing Committee (ACOC), a nonprofit entity working in tandem with the city and the ACEA to secure financial commitments for hosting the race. Newsom has also been named ambassador at large for the America’s Cup effort.

Meanwhile, an OEWD budget proposal includes $819,000 in staffing costs for four management-level positions relating to America’s Cup planning. A refund is expected in the form of $12 million that the ACOC has committed to fundraise by the end of 2011, with an ultimate target of $32 million by 2013. So far, ACOC has only raised $2 million, but plans to seek higher donations once it gains tax-exempt status. “I think the $2 million is a really good start,” said Mike Martin, who transferred in February from the San Francisco Public Utilities Commission to OEWD to direct the America’s Cup effort. “They’re building a foundation for an effective pitch.”

For now, city departments are scrambling toward completing the environmental review process for the infrastructure improvements, expected to be complete sometime in November. “It’s incredibly compressed,” Martin said. “There’s a lot to be done in a very short time.”

Peskin, for his part, seemed be keeping a watchful eye on the unfolding America’s Cup plans. “What we, the citizens of San Francisco, have to watch out for is that we’re not being taken advantage of,” he said. “We’ve got to be vigilant that we don’t get taken to the cleaners.”

Will partisan agendas shape the redrawing of political lines? — UPDATED

14

UPDATED BELOW In the midst of a political realignment at City Hall that is still shaking out, the Board of Supervisors Rules Committee is today (Thurs/23) considering appointments to the Redistricting Task Force, the body that will redraw supervisorial districts using the latest census data. And its choices will say a great deal about the role of integrity and impartiality in the new “politics of civility.”

This commission will arguably have more influence on the city’s political dynamics over the next decade than any other, so overtly partisan appointees should be viewed with great suspicion. Larry Bush at CitiReport did a nice rundown of the applicants and their backgrounds, but the Rules Committee will be where the real action is.

President David Chiu stacked the committee with a conservative majority (Sups. Mark Farrell and Sean Elsbernd) and named a chair (Sup. Jane Kim) whose political loyalties are tough to peg right now. Will she seek an appointee who doesn’t have a political agenda, or will she seek to reward a partisan ally like applicant Paul Hogarth, who worked on her campaign and writes for BeyondChron.org, a propaganda outlet for Kim-backers Randy Shaw and the Willie Brown/Rose Pak/David Ho cabal that elevated Ed Lee into Room 200 and is desperately trying to keep him there.

There are other problematic applicants as well, including Potrero View Publisher Steven Moss, who ran for supervisor in D10 last year and has shown a penchant for seeking payback against his perceived enemies (including the Guardian, which ran articles questioning his residency status). Applicant Ron Dudum has also shown a vindictive streak – following up his failed D2 supervisorial campaigns with an unsuccessful lawsuit challenging the ranked-choice voting system – that would make him a worrisome figure to have on this task force.

So far, three people have been named to the body by the Elections Commission: gadfly/policy wonk David Pilpel, Google attorney Melissa Tidwell, and Mark Schreiber, the managing general partner of Cooper White & Cooper. So already, this is tilting toward a business community bias that will probably get worse once Mayor Ed Lee makes his three appointments to the nine-member commission.

Given how the Rules Committee is stacked, its three recommendations are likely to raise questions that the full board will need to put to rest when it takes the matter up on Tuesday. Voters need to have faith that partisan agendas aren’t shaping the city’s most important political lines, and now is the moment to ensure they have that confidence.

UPDATE: The committee voted unanimously to recommend Eric McDonnell, the chief operating officer of United Way of the Bay Area; Jenny Lam, director of community initiatives for Chinese for Affirmative Action and a board member of Chinatown Community Children’s Center; and Mike Alonso, a “security professional” with Corporate Security Services who got his law degree from New College in 2007 but never worked as a lawyer.

Easy steps to open government

1

I missed the mayoral candidates forum on open government and technology, but sfist had a lively and fun report on it. I like David Chiu’s idea of lighting up all the city’s fiber optic cable — but why not go further, and lay cable everywhere that we’re tearing up the streets for sewer replacement? The biggest cost of laying cable is trenching and filling — and we’re already doing that. Mayor Lee wants a big street-repair bond for the fall, but a bond act to run public fiber under all the city streets would be far more valuable in the long term.


Here’s an even easier one: Make the basic city finance and property records available on a searchable database.


Our reporter Rebecca Bowe has been trying for a week to get the SFPD or the controller’s office to give her salary and overtime information for a couple of cops. Everyone’s too busy. It’s too much of a hassle. They can’t get to the records. We hear that all the time.


So why do city employees have to bother with this sort of request? Why isn’t there a public database of all the salaries of all city employees? The Chronicle did its own in 2009. How hard would it be for the city to post that data?


Same goes for Assessor’s Office records. I can pay a private company like LexisNexis a monthly fee, and get instant, searchable access to public records of property ownership and transfers, but why should I have to? Why isn’t all that data on line, too?


The Health Department has a nifty database to search for restaurant inspection records. There’s a fun GIS system that lets you look an a parcel of land and find out who owns it and track all the building permits. But there’s no place to simply type in a name and get a list of all the property that person owns, or track ownership transfers or any of that other stuff that can be done easily with a paid service.


Some sunshine advocates, including Kimo Crossman, have gone even further, suggesting that every document that a city employee creates (with the exception of certain personnel, law-enforcement and other exempt records) be automatically stored in a publicly accessible database. 


There’s some expense, obviously, in setting this all up and maintaining it — but considering how overworked and harried the staff at SFPD and the Controller’s Office seem to be, the savings in the long run in worker time would be well worth it. 

The mayoral poll: No surprises

18

The David Chiu campaign has released a poll that isn’t really all that surprising. It shows that the two candidates who have run citywide races — State Sen. Leland Yee and City Attorney Dennis Herrera — are a little tiny bit ahead, and Chiu is a little tiny bit behind, but all of them are well within the margin of error of a poll sample of only 500 people. Yee is out in front at 17 percent (I’m actually surprised he’s not further ahead at this point, since so much of this is name recognition and he’s been elected so many times, to so many jobs, over so many years that he has by far the best name rec in the race). Chiu and Herrera are tied at 13 and 12 percent (but with a plus-or-minus five percent MOE, all three are statistically in a dead heat).


I would have thought John Avalos would be closer to the top at this point, since he’s doing a good job consolidating the left, but he’s never run citywide, and the campaigns have barely started. Again: It’s name recognition right now.


The bottom line: There is no front runner (with the possible exception of Yee). There may never be a front-runner among the three men bunched in the center of the pack. It’s all going to come down to who gets the second- and third-place votes — which is why ranked-choice voting is so valuable in a race like this. In a traditional race, two candidates who combined might have 35 percent of the vote would be in a runoff, and a candidate who missed the cut by half a percentage point would be out of the running.


One thing we do know: This poll is going to drive Rose Pak and Willie Brown nuts, and increase dramatically the pressure on Ed Lee to run. the more powerful Yee appears, the more likely it is that the center of power in the Asian community will shift away from Pak’s Chinatown operations. Yee’s base is west side, not Chinatown; always has been. Pak despises him (and the feeling is no doubt at least somewhat mutual).


The other fact that weighs in Yee’s favor: He’s doing a better job than anyone of expanding his base. He’s racking up leftside endorsements (unions, the Sierra Club) and aiming hard at the Avalos Number Twos.


As for the questions about what people want in a mayor? Again, these are poll-tested platitudes that we hear every year, and we’re going to hear more of them. “Together.” “Shared values.” “Making the city work.” If it weren’t such a beautiful day, I’d want to puke out my window.

Daly: SFBG profiled the wrong guy

88

When I interviewed Chris Daly for this week’s cover story on David Chiu and the political realignment at City Hall, Daly said we were putting the wrong guy on the cover.

“If the story is about political realignment, it’s about David Ho,” Daly told me of the political consultant who once worked on his and other progressive campaigns, but who helped engineer a split in the progressive movement with the help of consultant Enrique Pearce and District 3 Sup. Jane Kim, whose campaign they worked on together last year, beating early progressive favorite Debra Walker.

Daly said the political realignment that has taken place at City Hall has more to do with Kim and Ho – in collusion with former Mayor Willie Brown, Chinatown Chamber head Rose Pak, and Tenderloin power broker Randy Shaw – than it does with Chiu, who Daly considers simply a pawn in someone else’s game. Ho is seeking to be Pak’s successor as Chinatown political boss, and he and Pearce have been out there doing the ground work Pak’s effort to convince Lee to remain mayor.

“Any realignment that exists is about David Ho and I think it has more to do with the District 6 race than the District 3 race,” Daly said. “As far as David Chiu and realignment, they are separate things.”

While Ho and Pearce have traditionally worked on progressive campaigns – particularly in high-profile contests like this year’s mayor’s race, where John Avalos is the clear progressive favorite – they are now some of the strongest behind-the-scenes backers of the campaign to convince Ed Lee to run. Neither Ho nor Pearce returned our calls for comment.

“That’s the whole realignment,” Daly said, explaining that it was the peeling of entities like Chinatown Community Development Corporation and the Tenderloin Housing Clinic away from the progressive coalition of the last decade that has cast progressive supervisors into the wilderness and empowered Chiu and Kim, who in turn brought Lee to power.

“It’s not a seismic realignment, it’s a minor realignment, it just happens to be who’s in power,” Daly said. “It was a minor political shift that caused a big change at City Hall.”

Power has now consolidated around Mayor Lee, as well as those who convinced Chiu to put him there, including the powerful players who helped elect Kim. “These people, as far I can tell, have disowned Chiu,” Daly said. “He did what they wanted but he failed the loyalty test in the process.”

Chiu has so quickly fallen from favor that even Planning Commission President Christina Olague, who spoke at Chiu’s campaign launch event on the steps of City Hall just two months ago, is now one of the co-chairs of a committee pushing Lee to run, along with others connected to CCDC and the Pak/Brown power center.

Kim has also notably withheld her mayoral endorsement. She tells us that she’s waiting until after budget season, but the real reason is likely to wait and see whether Lee gets into the race. Daly said this new political power center has been playing the long game, starting with supporting Chiu back in 2008.

“Peskin kind of brought him up, and then I – tactically or a strategic blunder – I made the mistake of not bringing someone up,” Daly said, insisting that he’s always questioned Chiu’s political loyalties. “I had doubts from the beginning. Ultimately, it was Jane Kim and David Ho who tag teamed me and got me on board.”

Daly said Chui’s last-minute move to cross his progressive colleagues and back Lee for mayor “irreparably harmed him with progressives,” while doing little to win over a new political base. “He miscalculated the damage it would do to him,” Daly said.

Chiu’s dependability was also called into question when he was openly considering a deal with Gavin Newsom to be named district attorney, which would have allowed Newsom to appoint his replacement in D3, a move that he didn’t check with Pak.

“He gave control of his political base to someone else,” Avalos told us, offering that if Chiu was going to be so narrowly ambitious then he should have taken Newsom’s offer to become district attorney.

Even those around Chiu have emphasized his independence from Pak, who has desperately been looking for someone she could count on to back and prevent Leland Yee from winning the mayor’s office. And if Lee doesn’t run, sources say she’s likely to back another political veteran such as Dennis Herrera or Michela Alioto-Pier.

But given how deftly Ho and his allies have grabbed power at City Hall, I’d say they have a pretty good chance of convincing Lee to run, despite the mayor’s resistance. And if Lee runs, Daly, USF Professor Corey Cook, and others we interviewed say he would probably win.

Tipping point

3

sarah@sfbg.com

On June 14, members of the Board of Supervisors will vote to appoint a new member of the Police Commission — in the wake of a messy string of alleged police misconduct scandals that, progressives argue, underscore why having strong civilian oversight is critical to ensuring a transparent, accountable police department the public can trust.

The appointment comes less than two months after San Francisco native Greg Suhr was sworn in as chief in the wake of Mayor Gavin Newsom’s decision to appoint former Chief George Gascón as the next district attorney — a move that has served to muddy the D.A. Office’s efforts to investigate the alleged police misconduct.

Further complicating the board’s choice is the heated battle that erupted over the appointment, led in part by members of two Democratic clubs that represent lesbian, gay, bisexual, and transgender communities.

The Alice B. Toklas LGBT Democratic Club has officially endorsed Julius Turman, a gay attorney and community activist who was a former assistant U.S. attorney and the first African American president of the Alice club. Turman currently works for Morgan, Lewis & Bockius, where he represents companies in actions for wrongful termination, employment discrimination, and unfair competition. He is also state Sen. Mark Leno’s (D-SF) proxy to the San Francisco Democratic County Central Committee and serves on the Human Rights Commission.

On the other side, members of the Harvey Milk LGBT Democratic Club, the voice of the city’s queer left, are supporting David Waggoner, an attorney and community activist who is a former Milk Club president. Waggoner has worked on police use-of-force policy and as a pro bono attorney for the National Lawyers Guild at the Oakland Citizen’s Police Review Board, and been a passionate advocate for the LGBT community, immigrants’ rights, people with disabilities, and the homeless.

The other two applicants for the post are Vanessa Jackson, a staffer at a women’s shelter with experience in counseling ex-offenders; and Phillip Hogan, a former police officer who serves on the board of the Nob Hill Association and has been trying to get on a commission for years.

Although both Jackson and Hogan have diverse experience with law enforcement — Jackson as an African American woman who claims the police have “no respect for people of color” and Hogan as a former police officer of Lebanese-Irish descent who manages real estate — neither has the support of the LGBT community. The position occupied by Deputy District Attorney James Hammer for the last two years, and Human Rights Commission director Theresa Sparks occupied before that, is widely considered to be an LGBT seat.

 

WHO’S THE REFORMER?

So now the fight is about whether Turman or Waggoner would be the strongest reformer.

In a recent open letter, former Board Presidents Harry Britt, Aaron Peskin. and Matt Gonzalez expressed support for Waggoner. “While most hardworking police officers perform their jobs admirably, insufficient oversight and poor management systems have led to significant problems,” their letter stated. “Despite these widely reported problems, the Police Commission has failed to adequately address these issues. San Francisco needs real reform, not more of the same. We believe David Waggoner will be that voice at this critical time.”

At the June 2 Rules Committee hearing, Waggoner proposed taking away master keys to single-resident occupancy (SRO) hotels from the police. “Significant abuse of that resulted in seriously tarnishing the department,” he said.

Turman made an equally impassioned — if less stridently reformist-sounding — speech. “Why would we allow an officer to enter a home, regardless of the master key rule, which I’m not a fan of?” Turman asked. He also said Tasers are dangerous weapons with unintended consequences. “I fear communities of color will suffer more from Taser use.”

Waggoner’s supporters noted that their candidate has more than 15 years of police accountability experience. Turman’s supporters vouched for his integrity, maturity, ability to build consensus, and “belief in strategically serving his community.”

In the end, Sups. Sean Elsbernd and Mark Farrell voted for Turman, while Rules Committee Chair Sup. Jane Kim voted for Waggoner.

That means Turman’s name has been forwarded to the full board with a recommendation. But because the Rules Committee interviewed all the candidates, the board can still appoint any of them.

At the Rules Committee, Sup. Scott Wiener voiced support for Turman. And Board President David Chiu recently told the Guardian that he has known Turman for years, has worked with him professionally, and will vote for him. “I found him to be fair, thoughtful, and compassionate,” Chiu said, noting that he believes the role of the commission is “to provide oversight and set policy.”

Sup. David Campos, one of the solid progressive votes on the board and a longtime Milk Club member, believes Waggoner would make an excellent commissioner but is a friend of Turman, and believes he’ll be a strong voice for reform. “Sean [Elsbernd] and Mark [Farrell] could be in for a big surprise if Julius gets appointed,” Campos mused shortly after Elsbernd and Farrell voted for Turman.

Campos recalled how he and Turman started working at the same firm years ago. “So I got to know him well,” he said, adding he is “like a family member.

“By virtue of his involvement with Alice, some folks think Julius will be a certain way,” Campos added. “But I believe he’ll take a progressive point of view on the issues. He has both the knowledge and the experience with the police, he understand the important role that police oversight and the Police Commission play in making the SFPD accountable.”

Kim told us that she primarily voted for Waggoner because she knows him the best, and not out of concern that Turman wouldn’t do a good job. “I’m more familiar with David and that’s what tipped the scale,” Kim said. “It’s great to have two strong LGBT attorneys who have a clear understanding of public safety issues, the law, and are advocates for the community.”

But Debra Walker, who ran against Kim last November, steadfastly supports Waggoner. “Julius has been active in the Alice B. Toklas club for a while, he’s a prosecutor, while David is more of a citizen’s defense attorney,” she said.

Turman continues to be dogged by reports of domestic violence, thanks to a lawsuit that Turman’s former domestic partner Philip Horne filed in March 2006 alleging that Turman came into his house when he was sleeping on New Year’s Day 2006 and tried to strangle him.

Horne claimed he “was terrified that the lack of air supply would cause him to pass out and potentially die at the hands of such a jealous and unmerciful former lover.” He alleged he was able to calm Turman down only to see him get enraged again and punch Horne in the face seven to 10 times. When Horne decided he needed to go to the emergency room, the complaint states, Turman grabbed his phone and keys saying, “If you leave, you’ll never see the cats (alive) again,” and “I will report you to the state bar.”

Horne claimed he ran outside screaming for help and that when SFPD arrived, they arrested Turman for domestic violence and called an ambulance for Horne.

Turman responded in July 2006 to what he described as Horne’s “unverified complaint,” arguing he acted in “self-defense” and that the conduct Horne complained of “constituted mutual combat.” He added that “damages, if any, suffered by Horne were caused in whole or in part by entities or persons other than Turman.”

In the end, no criminal charges were ever filed against Turman and the case was settled out of court. Turman now says “I’ve done nothing wrong and these allegations are false.”

Campos warns people not to jump to conclusions. “We need to remember that there is a presumption of innocence,” Campos said. “Yes, there was a court case, but there was never a conviction. Yes, there was a settlement, but people do that for a lot of reasons.”

Turman told the Rules Committee that the incident was from “an extremely difficult time that is now being used against me as a political sideshow.”

Meanwhile, Campos notes that without a reform-minded mayor, there will be only so much any board-appointed police commissioners can do. “What we really need to implement police reform is a mayor who is willing to do that,” he said. “Otherwise it’s going to be very difficult because the mayor still gets to appoint four commissioners and mayor still gets to control who is in charge of the police department.”

 

WHAT DIRECTION?

Civil liberties advocates praised as a “first step in the right direction” Suhr’s May 18 decision to issue an order clarifying that SFPD officers assigned to the FBI’s joint terrorism taskforce should adhere to SFPD policies and procedures set by the Police Commission, not FBI guidelines.

But in the coming months, the commission will have to decide whether to push a Portland-style resolution around SFPD involvement with the FBI. The commission also will be dealing with fallout from the other scandals, including the crime lab, the use of force against mentally ill suspects, and videos that allegedly show police conducting warrantless search and seizure raids in single residential occupancy hotels.

These scandals have progressives arguing that it’s critical that the board’s three seats on the commission are occupied by applicants with proven track records of reform.

Waggoner notes that in 2003, voters approved Prop. H., which changed the composition of the commission from five to seven members. Four are appointed by the mayor; three by the board.

Last year, he said, the commission made significant progress in the right direction when it adopted new rules after the Jan. 2 shooting of a man in a wheelchair in SoMa. “That was not the first time an unarmed person with a disability was killed,” he said. “After Prop. H and a crisis, the commission finally took steps. It remains to be seen if Chief Suhr will implement that.”

Waggonner said the current arrangement “creates tension between people who are more willing to defer to the chief on policy issues and being in an advisory capacity, as opposed to people who want to be in the forefront of setting policy.”

That tension played out when Commissioners James Hammer, Angela Chan, and Petra DeJesus tried to find consensus on the Taser controversy last year. “Overall they worked well together. But there’s been no progress yet on Tasers,” he said, noting that the commission eventually decided on a pilot project.

Waggoner said he would be in favor of the commission having a more active role and exerting its authority under the city charter to set policy, but in collaboration with the chief.

The Police Commission’s May 18 joint hearing with the Human Rights Commission about FBI spying concerns was a symbol of the broader issue at the Police Commission. The majority of the commission didn’t see any major problems — but the progressives were highly critical. “Is the commission there to set policy and take leadership, or is it there in an advisory capacity?” Waggoner asked.

With Hammer’s departure, Chan and DeJesus, both board-appointed women of color, are the most progressive members of the commission. Chan hopes Hammer’s replacement believes in strong civilian oversight. “We should never be a rubber stamp for the police department,” he said. “We need to take community concerns very seriously. When the police department is doing great things, we should support them — but if we see something wrong, we should not be afraid to speak out.”

Turman told the Guardian that “being the voice for reform and advising are not mutually exclusive roles — and an effective police commissioner needs to be both.

“I would advocate for series of meetings with representatives from the Arab community, the SFPD, and the FBI to increase communication and understanding of each side’s perspective on exactly what we need to implement in San Francisco,” Turman said.

Asked more about Tasers, Turman said that “one of the things I would be interested in pursuing is a recognition by some that female officers are less likely to incapacitate during an arrest, which could lead to learning for the larger police force.”

But does this means Turman will turn out to be a swing vote for Tasers? Only time — and the board’s June 14 vote — will tell.

Lee should veto Parkmerced

0

EDITORIAL Mayor Ed Lee got his start as a lawyer working on tenant issues. He understands the city’s rent laws and the shortage of affordable housing. He also knows — or ought to know — that when the city’s tenant groups are unanimously opposed to a project, elected officials who care about tenant rights should pay attention.

The Parkmerced project will be a clear test: Does he follow his activist roots, stick with the people he started with and show his independence — or side with the big out-of-town developer and allow the project to move forward?

The supervisors approved the project by the narrowest of margins, 6-5. All of the progressives voted to reject the development agreement and rezoning — and for good reason. The deal would lead to the demolition of 1,500 units of rent-controlled housing. And while the developer says it will abide by the rent laws for the newly built replacement units, that’s a shaky legal guarantee. The larger point, tenant advocates say, is that demolishing existing affordable housing is always a bad idea.

In the end, 1,500 people will have to leave the homes they’ve lived in for years — in some cases, many years. They will be offered replacement units in a high-rise — very different from the garden apartments (with, yes, gardens) that they’ve occupied. And if the developer decides that there’s more money to be made by jacking up the rents on those units, it’s a safe bet that an army of lawyers will arrive attempting to undermine the questionable guarantees now in the deal.

There’s also the problem of transportation and traffic. The project will include a new parking space for every new unit, meaning 6,000 new cars in an area already overwhelmingly congested. Since the vast majority of the units will be market-rate (the developer will provide 15 percent affordable units, under city law, which means 85 will be sold or rented to rich people) the development will transform what is now still something of a working-class neighborhood into another enclave for the wealthy.

When we talked to Mayor Lee, he was noncommittal on the deal. At the same time, he noted that the garden apartments are old and will have to be replaced at some point. We don’t dispute that there are ways to add more density at Parkmerced. But wholesale demolition of affordable housing isn’t the answer.

This deal is bad for tenants and bad for the city. Mayor Lee ought to recognize that then tenant groups opposing this have analyzed it carefully and come to an entirely reasonable conclusion.

Sup. David Chiu, the swing vote in favor of the project, did serious damage to his reputation as a progressive and lost thousands of tenant votes by siding with the developer. Lee, who insists he isn’t running in November, ought to demonstrate that he hasn’t forgotten his roots, that he listens to activists, and doesn’t simply go along with poorly conceived development projects. He should veto the development agreement and zoning changes and send this thing back to the drawing board.

Behind the all-smiles budget

2

news@sfbg.com

When Mayor Ed Lee released his 2011-12 budget proposal June 1, all was sweetness and light at City Hall.

The mayor delivered the document in person, to the supervisors, in the board chambers. Sup. Carmen Chu, chair of the Budget Committee, was standing to the mayor’s right. Board President David Chiu was to his left. There was none of the imperious attitude we’d come to expect in the Gavin Newsom era — and little of the typical hostility from the board.

As Sup. David Campos, who was elected in November 2008, remarked afterward: “It’s the first time since I’ve been elected that the mayor has taken the time to come to chambers. It’s reflective of how this has been a lot more of an inclusionary process.”

Lee went even further. “This is a pretty happy time,” he said. “There are no layoffs, and instead of closing libraries we’ll be opening them.” That earned him an ovation from assembled city leaders, including mayoral candidates City Attorney Dennis Herrera and Assessor-Recorder Phil Ting along with District Attorney George Gascón. “I think this budget represents a lot of hope.”

It’s true that this year’s cuts won’t be as bad as the cuts over the past five years. It’s also true that the pain is spread a bit more — the police and fire departments, which Newsom, always the ambitious politician, wouldn’t touch, are taking their share of cuts.

But before everybody stands up and holds hands and sings “Kumbaya,” there’s some important perspective that’s missing here.

Over the past half-decade, San Francisco has cut roughly $1 billion out of General Fund spending. The Department of Public Health has eliminated three- quarters of the acute mental health beds. Six homeless resource centers have closed. The waiting list for a homeless family seeking shelter is between six and nine months. Muni service has been reduced and fares have been raised. Recreation centers have been closed. Library hours have been reduced.

In other words, services for the poor and middle class have been slashed below acceptable levels, year after year — and Mayor Lee’s budget doesn’t even begin to restore any of those cuts.

“We’re not ready yet to restore old cuts,” Lee told the Guardian in a June 2 interview. “It was enough for us to accomplish a pretty steady course and keep as much. Particularly with the critical nonprofits that provide services to seniors and youth and homeless shelters, we kept them as close as we could to what last year’s funding was.”

But the current level of funding is woefully inadequate. As Debbi Lerman, administrator of the Human Services Network, noted, the people who work in the nonprofits Lee was talking about haven’t had a pay raise in four years — even though the cost of living continues to rise. “Our costs have gone up with cost of inflation,” she noted.

She said the cuts over the past few years have deeply eroded services for children, homeless people, substance abuse programs, and others. “There have been significant cuts to every area of health and human services.”

And in a city with 14 billionaires and thousands more very wealthy people, Lee’s budget is distinctly lacking in significant new ways to find revenue.

 

THE GOOD NEWS

Just about everyone agrees that the budget process this year has been far better than anything anyone experienced under Newsom. “He [Mayor Lee] listened to everybody,” Lerman said. “That doesn’t mean they fixed everything. Mayor Lee fixed as much as he could.”

At his press conference announcing the release of the budget, Lee thanked Police Chief Greg Suhr for having already made significant cuts through management restructuring and for considering an additional proposed cut of $20 million.

“We want to thank you for that great sacrifice,” Lee said, addressing Suhr, who sat in front row of public benches, dressed in uniform. Lee next acknowledged that adequate funding for social services also helps public safety. “Without those services, officers on the street would have a harder job,” he said.

Lee also praised the departments of Public Health and Human Services for helping to identify $39 million in federal dollars and $16 million in state dollars, to help keep services open and the city safer.

Lee noted that San Francisco no longer has a one-year budget process and has just released its first five-year financial plan as part of its decision to go in five-year planning cycles.

“To address this, I’ve asked for shared sacrifice, ” Lee continued, adding that he recently released his long-awaited pension reform charter amendment, emphasizing that it was built through a consensus and collaborative-based approach.

Lee also said he would consider asking voters to approve what he called “a recovery sales tax” in November if Gov. Jerry Brown is unable to extend the state’s sales tax. That would bring in $60 million — but it is only on the table as a way to backfill further state budget cuts.

Lee observed that San Francisco is growing, the economy is looking brighter, and unemployment is down from more than 10 percent last January to 8.5 percent today. He plugged the America’s Cup, the city’s local hire legislation, the Department of Public Works’ apprenticeship programs, and tourism, both in terms of earmarking funding in the budget for these programs and their potential to boost city revenues.

He said his budget proposed $308 million in infrastructure investments that include enhanced disability access, rebuilding jails, and energy efficiency, and is proposing a $248 million General Obligation bond for the November ballot to reduce the street repair backlog.

“We will get these streets repaired,” he promised.

“This submission of a budget is not an end at all, it’s the beginning of the process,” he continued, going on to recognize Chu for her work getting the process rolling and thanking Budget Analyst Harvey Rose in advance. “I do know his cooperation is critical.”

And he concluded by thanking each of the supervisors. “I will continue enjoying working with you — we need to keep the city family tight and together.”

The sentiment was welcomed by supervisors. “As he said, this is the beginning of the process, and it’s an important and symbolic step” Campos said. “The budget shows that a lot of good programs have been saved. But there is still work to do.

“There are still gaps in the safety network,” he added, singling out cuts to violence-prevention programs. “It’s my hope they will be restored.”

 

THE BAD NEWS

But even if the cuts for this year are restored, the city budget is nowhere near where it ought to be. “We still had to make cuts,” Lee acknowledged.

“We did consider very seriously a whole host of revenue ideas that we had,” he said. “They were not off the agenda at all.” At the same time, he noted that state law requires a two-thirds vote for new taxes (although that threshold drops to 50 percent in presidential election years). “We decided that it’s not that they were bad ideas, but that we wouldn’t be able to sell them at this time.”

Lee praised some of the revenue ideas that have been suggested in the past year, including the alcoholic beverage fee proposal by Sup. John Avalos, which Lee called “a pretty good idea.” He said that “a year or two from now” an additional sales tax and a parcel tax (for the police or for schools and open space) might be on the agenda.

The city now has a multiyear budget process and projections are supposed to go beyond a single year. But what’s missing — and what nobody is talking about — is a long-term plan to restore critical city services to a sustainable level. That means talking — now — about tax proposals for 2012 and beyond and including those revenue streams in long-term budget planning.

Because the city parks, the public health system, the libraries, the schools, affordable housing programs, and the social safety net are in terrible condition today, the result of year after year of all-cuts budgets. And while the supervisors and the mayor wrangle over the final details, and advocates try to win back a few dollars here and a few dollars there, it’s important to recognize that this budget does nothing to fix the damage.

“We’re about $10 million short of what we need right now to keep service providers at current levels,” noted Jennifer Freidenbach, who runs the Coalition on Homelessness. “But we also need to restore the health and human services system that was slaughtered under Gavin Newsom.”

Editorial: Mayor Ed Lee should veto the Parkmerced development agreement

20

 Mayor Ed Lee got his start as a lawyer working on tenant issues. He understands the city’s rent laws and the shortage of affordable housing. He also knows — or ought to know — that when the city’s tenant groups are unanimously opposed to a project, elected officials who care about tenant rights should pay attention.

The Parkmerced project will be a clear test: Does he follow his activist roots, stick with the people he started with and show his independence — or side with the big out-of-town developer and allow the project to move forward?

The supervisors approved the project by the narrowest of margins, 6-5. All of the progressives voted to reject the development agreement and rezoning — and for good reason. The deal would lead to the demolition of 1,500 units of rent-controlled housing. And while the developer says it will abide by the rent laws for the newly built replacement units, that’s a shaky legal guarantee. The larger point, tenant advocates say, is that demolishing existing affordable housing is always a bad idea.

In the end, 1,500 people will have to leave the homes they’ve lived in for years — in some cases, many years. They will be offered replacement units in a high-rise — very different from the garden apartments (with, yes, gardens) that they’ve occupied. And if the developer decides that there’s more money to be made by jacking up the rents on those units, it’s a safe bet that an army of lawyers will arrive attempting to undermine the questionable guarantees now in the deal.

There’s also the problem of transportation and traffic. The project will include a new parking space for every new unit, meaning 6,000 new cars in an area already overwhelmingly congested. Since the vast majority of the units will be market-rate (the developer will provide 15 percent affordable units, under city law, which means 85 will be sold or rented to rich people) the development will transform what is now still something of a working-class neighborhood into another enclave for the wealthy.

When we talked to Mayor Lee, he was noncommittal on the deal. At the same time, he noted that the garden apartments are old and will have to be replaced at some point. We don’t dispute that there are ways to add more density at Parkmerced. But wholesale demolition of affordable housing isn’t the answer.

This deal is bad for tenants and bad for the city. Mayor Lee ought to recognize that the tenant groups opposing this have analyzed it carefully and come to an entirely reasonable conclusion.

Sup. David Chiu, the swing vote in favor of the project, did serious damage to his reputation as a progressive and lost thousands of tenant votes by siding with the developer. Lee, who insists he isn’t running in November, ought to demonstrate that he hasn’t forgotten his roots, that he listens to activists, and doesn’t simply go along with poorly conceived development projects. He should veto the development agreement and zoning changes and send this thing back to the drawing board.

 

 

Sneaky campaign to draft Lee sullies political environment

92

At a time when City Hall is taking on several important issues – from the budget and pension reform to massive projects such CPMC’s mega hospital and housing project and the redevelopment of Parkmerced and Treasure Island – an ambitious cabal of political operators bent of convincing Mayor Ed Lee to break his word and run for office is poisoning the environment under the dome.

A series of unfolding events over the last week makes it clear that Sup. Jane Kim’s campaign team – political consultants Enrique Pearce and David Ho, Tenderloin shot-caller Randy Shaw, and their political benefactors Willie Brown and Rose Pak – are orchestrating another campaign to convince Lee to run for office, apparently abandoning the mayoral campaign of Board President David Chiu.

The Bay Citizen reported that Pearce was pursuing creation of a mayoral campaign that Lee could simply step into, while blogger Michael Petrelis caught Pearce creating fake signs of a grassroots groundswell for Lee over the weekend. That effort joins another one by the Chronicle and a couple of downtown politicos to create the appearance of popular demand for Lee to run despite a large field of well-qualified mayoral candidates representing a wide variety of constituencies.

And then today, Shaw joined the effort with a post in his Beyond Chron blog that posed as political analysis, praising the John Avalos campaign – an obvious effort to ingratiate himself to the progressive movement that Shaw alienated by aggressively pushing the Twitter tax break deal and Kim’s candidacy – while trying to torpedo the other mayoral campaigns, calling for Lee to run, and offering a logic-tortured take on why the public wouldn’t care if Lee breaks his word.

Pearce and Ho – who sources say have been aggressively trying to drum up support for Lee in private meetings around town over the last couple weeks – didn’t return our calls. Kim, who is close to both Chiu and Avalos, told us she is withholding her mayoral endorsement until after the budget season – which, probably not coincidentally, is when Lee would get into the race if he runs.

Fog City Journal owner Luke Thomas, who Petrelis caught taking photos for Pearce over the weekend – told us Pearce’s Left Coast Communications, “hired me in my capacity as a professional photographer to take photographs of people holding ‘Run Ed Run!’ signs and should not be construed as an endorsement of the effort to draft Ed Lee into the mayor’s race.”

In an interview with the Guardian last week, Lee reiterated his pledge not to run for mayor – which was the basis for his appointment as a caretaker mayor to finish the last year of Gavin Newsom’s term – but acknowledged that Pak and others have been actively trying to convince him to run. Pak has an open disdain for candidate Leland Yee and fears his ascension to Room 200 would end the strong influence that Pak and Brown have over the Mayor’s Office and various department heads.

“I am not running. I’ve told people that. Obviously, there is a group of good friends and people who would be happy for me to make a different decision, so they’re going to use their time trying to persuade me. I’ve told them I’m not interested and I have my personal reasons for doing that but they’re not convinced that someone who has held this office for five months and not fallen into a deep abyss would not want to be in this office and run for mayor. I’ve been honest with people that I’m not a politician. I’ve never really run for office nor have I ever indicated to people that I’d like to run for mayor of San Francisco. That’s just not in my nature so it’s been a discussion that is very foreign to me that has been very distracting for me in many ways because I set myself a pretty aggressive piece of work that this office has to get to. The way I do it is very intensely. I do meet a lot of people and seek their input before I made a decision,” Lee told us.

Even Sup. Sean Elsbernd, who nominated Lee for mayor, told the Chronicle that he doesn’t support the effort to pressure Lee into running and he feels like it could hurt sensitive efforts to craft compromises on the budget and pension reform. When asked by the Guardian whether he would categorically rule out a run for mayor, Lee told us he would.

“I’ve been very adamant about that yet my friends will still come up to me and they’ll spend half their time talking to me about it. And I say thank you, I’m glad you’re not calling me a bum and trying to kick me out,” Lee told us, noting that Pak – a longtime ally who helped engineer the deal to get Lee into office, for which Chiu was the swing vote, parting from his five one-time progressive supervisorial allies in the process – has been one of the more vociferous advocates on him running.

Asked whether there are any conditions under which he might change his mind, Lee told us, “If every one of the current supervisors in office asked me to run and those supervisors who are running voluntarily dropped out.” But Avalos says he’s committed to remain in the race, and his campaign has been endorsed by three other progressive supervisors.

Editor’s Notes

7

tredmond@sfbg.com

Three weeks before the June 25-26 Pride Weekend — which is the unofficial opening of the official fall mayoral race — there are two front-runners: state Sen. Leland Yee and Sup. John Avalos.

I’m not saying either is going to win. Things change quickly in this town. We don’t even know for sure if the incumbent, Ed Lee, is going to be in the final scrum.

But here’s what we do know: Yee and Avalos — right now, today — are doing the things they need to do to emerge from a crowded pack. And the others are either hanging back or flailing around.

Avalos had more than 400 people at his kickoff. State Assemblymember Tom Ammiano was there to endorse him. He’s got window signs all over the east side of town. He’s showing momentum, energy; he’s on track to solidify the progressive base and start moving west. He has agreed to cosponsor the mayor’s pension reform plan (but only if SEIU Local 1021 gets the amendments the union wants).

Yee has figured out a very smart strategy: He realizes that he’s already got name recognition and a west-side base, that he’s never going to get the support of the Chinatown establishment (powerbroker Rose Pak hates him), and that he’s one of at least five candidates fighting over the center. So he’s trying to grab a share of the left.

Yee’s people were thrilled that he and Avalos got the Sierra Club. The more groups that endorse the two together (in any order), the more Yee becomes associated with the progressive standard-bearer. And the more second-place votes he gets on the left. (Don’t kid yourself; this race may well come down to who gets second-place votes on the left.)

And Sup. David Chiu just gave Yee a great big gift. Chiu defied every single tenant group in town and became the swing vote in favor of the Parkmerced project. Now the tenants are pissed — and you know Yee is going to try to take advantage of it.

The frustrating part of that scenario is that Yee was never a good tenant vote when he was a supervisor. That’s his Achilles’ heel on the left — but it’s old history, and the anger at Chiu is here today.

Would Chiu be a better mayor for tenants than Yee? Quite possibly. Is any tenant group thinking that right now? No.

Chiu’s in a tricky spot. He’s trying to be the centrist progressive — and that’s a hard thing to sell to either the center (where he’s one of five candidates) or the left (where Yee is edging him out in cozying up to Avalos).

City Attorney Dennis Herrera hasn’t recovered from the political consultant lobbying mess (not a new story, he’s hardly the only, or even remotely, the worst offender, but damn, it makes him look bad). Former Sup. Bevan Dufty’s doing great at the candidate forums but doesn’t have a breakout move. Assessor Phil Ting is awfully quiet.

It’s only June. But it won’t be “only” anything much longer.

Awaiting consensus

5

news@sfbg.com

Mayor Ed Lee’s pension reform proposal was unveiled May 24 with support from some of those who helped develop it, including investment banker Warren Hellman, Rebecca Rhine from the Municipal Executives Association, San Francisco Chamber of Commerce head Steve Falk, and San Francisco Labor Council Executive Director Tim Paulson.

The plan would dramatically alter the way the city manages employee retirement benefits, starting July 2012, while exempting employees who earn less than $50,000. Lee described it as “serious,” “comprehensive,” and a plan that “reflects consensus.”

Already the legislation to place it on the fall ballot has secured the cosponsorship of Board President David Chiu and Sup. John Avalos, rival candidates for mayor. Other mayoral candidates also offered their support, including former Sup. Bevan Dufty and City Attorney Dennis Herrera.

But there is one notable exception to the support for this plan, a party that has been at the negotiating table where it was crafted: Service Employees International Union Local 1021, which represents about half of the city’s 26,000 employees. The union claims the plan disproportionately affects 500 SEIU members, who are mostly women and people of color and already took large pay cuts last year to avoid layoffs.

Avalos, who described Lee’s proposal as “a sensible approach” and “the right way to go,” has said that if SEIU’s concerns aren’t adequately addressed, he’ll withdraw his sponsorship.

“I’d like to get to a consensus, but if we don’t and 10,000 union workers don’t sign on, I’m going to take my name off as a sponsor,” Avalos said. “We have to find ways to pay for pension benefits without decimating jobs and social services.”

Lee’s measure also didn’t win over Public Defender Jeff Adachi, who claims the proposal won’t make deep enough or fast enough cost savings in the next few years, so he will continue gathering signatures to place a rival measure on the ballot.

So rather than the consensus product Lee hoped the whole city family would be able to convince voters to support, it’s looking like pension reform could again be a divisive issue and one that spills over into this year’s mayor’s race.

Chiu thanked “our brothers and sisters from the labor community” when Lee announced his pension measure, noting that “each city worker that makes more than $50,000 would have to give thousands every year.” He supports the pension deal and hopes SEIU will eventually back it. Avalos and Sen. Leland Yee, another mayoral candidate, seem to be waiting for SEIU to sign on before offering their full support.

Mayoral spokesperson Christine Falvey told us that Lee views SEIU’s concerns as separate from the pension reform proposal. “He appreciates SEIU’s input in the pension reform talks and has committed to sitting down with them and trying to resolve this issue.”

Then there’s Adachi, who helped qualify Measure B, a 2010 pension reform proposal that united labor and city leaders in opposition. He continues to gather signatures to qualify a competing pension measure, needing about 50,000 signatures by early July unless Lee amends his plan to secure greater cost savings in less time.

“My focus is on this issue,” Adachi said, praising Lee’s efforts at achieving consensus. “But is this going to solve this problem so we don’t have to come back within two to three years? It comes down to a math problem.”

Adachi says Lee’s plan doesn’t adequately address the city’s need to save money now.

“The stress period is really in the next four years, so my hope is that the mayor’s proposal could be strengthened,” Adachi said, noting that his proposal yields $90 to $144 million in annual savings, compared to $60 to $90 million annually under Lee’s plan.

“SEIU is right that Mayor Lee’s proposal is inequitable,” Adachi added, noting that Measure B was criticized for being unfair to lower-income workers. “That’s why my new proposal increases pension contribution rates in $10,000 graduations. But under Lee’s plan, a person who earns $100,000 contributes the same rate as someone who makes $50,000.”

He criticized Lee’s plan for requesting only modest increases from safety workers. “Police and fire cost two to three times as much as everyone else’s retirement. They pay 17 percent of what’s in the fund and take out 36 percent. So that means SEIU folks are subsidizing the costs of safety workers’ retirement.”

Adachi acknowledged it would be better to have one measure everyone can support. “But I don’t agree that we should put ineffective reform on the ballot,” he said.

Adachi took a lead role on the issue in 2010 when he qualified Measure B mostly with backing from a few wealthy sponsors, including venture capitalist Michael Moritz, a financial supporter of Republican Ohio Gov. John Kasich and the Ohio Republican Party. Adachi took lots of political heat for the move, but he shrugs off the criticisms.

“It comes down to making sure people understand the issue,” he said. “A year ago, no one was acknowledging that it was a problem, but now everyone does. I’m hoping the board strengthens the proposal. It’s going to take supervisors really looking at this to see if works, not just jumping on the bandwagon.”

According to the Department of Human Resources, Lee’s plan would yield an estimated savings of $800 million to $1 billion over 10 years, with the bulk coming from increased employee retirement fund contributions of up to 6 percent for future and current employees. The proposal raises the retirement age from 62 to 65 for most city workers and from 55 to 58 for public safety workers. It also imposes caps on pensions for new employees.

Lee’s proposal must now make its way through the Rules Committee and win the approval of the full board by July 12, the deadline for supervisors to submit charter amendments. According to the Department of Human Resources, 89 percent of San Francisco’s 26,000 city workers earn more than $50,000. That means only 3,000 city workers fall below the $50,000 cut-off that exempt them from paying extra, under Lee’s plan.

But Larry Bradshaw, a bargaining unit member of SEIU 1021, said that members who make slightly more than that threshold will face pay cuts under the plan, on top of the pay cuts they took last year to avoid being laid off by Mayor Gavin Newsom.

For certified nursing assistants, the shift would amount to a roughly $12,000 annual pay cut, Bradshaw said. Security guards would face an estimated $5,000 per year cut, and clerical workers could face anywhere from $1,000 to $11,000 per year.

These workers faced getting fired and rehired at lower-paid classifications to make up for a revenue shortfall, but the union reached an agreement to stave off the worst pay cuts for those “de-skilled” employees by imposing a one percent across-the-board cut for all members in order to restore the salary cuts.

As SEIU workers take the pay cut to fund pensions, he said union members won’t be able to continue subsidizing the salaries of these deskilled workers.

“So we’re not going to have that option of asking our members to keep funding these workers who have taken this 20 percent pay cut,” he said. “And these are primarily women and people of color.”

But Sup. Sean Elsbernd and other supporters of the pension deal say the plight of these workers is an unrelated issue. “They aren’t a pension issue, so wouldn’t it be more appropriate to discuss them in the collective bargaining context?”

Elsbernd believes Lee’s measure is “fair and equitable,” partly because employees’ pension contributions would be reduced in boom years when tax revenue and stock market gains swell the city’s coffers.

“But Jeff Adachi is throwing a big roll of the legal dice,” Elsbernd said. He noted that city employees have long paid 7.5 percent toward their pensions. “But now, along come two pension reform plans that both challenge that notion.

“And every case in California shows you have to provide a commensurate benefit to change that kind of right,” he continued, arguing that Lee’s proposal is more legally sound because it lowers employees’ contributions during boom years. “So the $60 million that our plan would save is a hell of a lot more secure than the $90 million Jeff claims his plan would save.”

Sup. David Campos has yet to take a position on Lee’s plan, but hopes there is a way to address legitimate concerns about lower-income workers. “There’s no question that we have to do something about pension reform,” he said. “I don’t know if there’s a perfect proposal. But I’m especially intrigued by Mayor Lee’s plan. It recognizes that low-wage workers should not be expected to contribute at a higher rate than higher-wage workers. But we have to put the mayor’s proposal in the context of what else is happening, which is why SEIU’s de-skilling concerns are legitimate.” Campos credited Adachi for highlighting pension reform. “My hope is that we can come up with something that we can all be supportive of, where the mayor and Jeff’s proposals are combined. And while we have to be careful that the balance that has been constructed is maintained, this allows for a dialogue at the board, and for Jeff to be involved, so we can come up with a unified proposal. Because if we are going to address pension reform, we need to do so with a united front.”

David Chiu helps Leland Yee

118

It’s nice, sometimes, to be in Sacramento. You can run for local office without having to vote on local issues. Witness State Sen. Leland Yee, who didn’t have to take a formal position on the Park Merced project — and now can bask in the wonder of seeing David Chiu hand him thousands of tenant votes.


Here’s the deal: Chiu and Yee are both fighting for progressive voters in the mayor’s race. Most progressive groups will endorse John Avalos, but Yee and Chiu want those second-place votes, badly. Yee’s already got his West-side base, and getting a number two nod from, say, the Milk Club or SEIU 1021 won’t hurt him a bit with those voters. But he’s not strong with Chinatown leaders (Rose Pak despises him) and he’s in a race with three (so far) Asian candidates. He’s also contending with a bunch of other center-moderate types (Dennis Herrera, Bevan Dufty) in a very crowded race.


His strategy — and it’s smart — is to court the left, get those second- and third-place nods on the East side of town and emerge from the pack when all the votes are counted. Problem is, that’s Chiu’s natural constituency (or should be) — he talks about “our shared progressive values,” was elected as a progressive and, frankly, can’t win this race just by sticking to the center. It’s just too crowded there with too many people who have won citywide races.


And Chiu just gave up a huge chunk of the city’s left by alienating every tenant group in town.


As Dean Preston of Tenants Together put it in BeyondChron (which is generally quite friendly to Chiu):


 Chiu reached a backroom deal with the developer and provided the crucial sixth vote to approve the largest demolition of rent-controlled housing in San Francisco since the redevelopment of the Fillmore. Despite a good record on tenant rights issues before his work on Parkmerced, Chiu has now earned the distrust of tenants across the city.


The tenants aren’t always a solid bloc. Mitchell Omerberg of the Affordable Housing Alliance and Ted Gullicksen at the Tenants Union don’t always agree on candidates or issues. But there was no division or dissent on this one. Omerberg, who has been known to slide to the center, was adamant that Chiu’s vote — the swing vote to move the project forward — was “deeply disappointing.” He told us: “In general it’s an unwise, immoral plan to demolish a neighborhood. When you demolish people’s homes, you always regret it later.”


So now Yee can go to progressives and say — as he did at the Democratic County Central Committee — that he has all kinds of concerns about Park Merced and make it sound as if he opposes it, and use that leverage to peel some endorsements and votes away from Chiu. It’s ironic: When he was on the Board of Supervisors, Yee was hardly known as a pro-tenant vote. His record on tenant issues, while ancient history in political terms, was going to haunt him with some progressives (and still may). But now he’s gotten a boost — if only because he and Chiu are the ones most agressively working to get endorsements from progressive groups, and Chiu just shot himself in both feet.