Ed Lee

Some wins, some losses in Sacto

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The state Assembly and Senate passed the usual flurry of bills on May 31, the last day for initial-house approval, with some unusual drama that temporarily sidelined a medical-marijuana bill by Assemblymember Tom Ammiano.

By the time it was all over, several other Ammiano bills passed, a measure by Assemblymember Phil Ting to ease the way for a Warriors arena on the waterfront won approval, and state Sen. Mark Leno got most of his major legislation through.

The pot bill, AB 473, would have established a state regulatory framework for medical cannabis, something that most advocates and providers support. Still, because the subject is marijuana, it was no easy sell and at first, a lot of members, both Republicans and Democrats, expressed concern that the measure might restrict the ability of local government to ban or limit dispensaries.

Ammiano, in presenting the bill, made it clear that it had no impact on local control, and that was enough to get 38 votes. Typically, when a bill is that close to passage, the chair asks the sponsor if he or she wants to “hold the call” that is, freeze the vote for a few minutes so supporters can make sure all of their allies are actually on the floor and voting and to try, if necessary, to round up a couple of wobblers.

In this case, though, Speaker Pro Tem Nora Campos, of San Jose, simply gaveled the vote to a close while Ammiano was scrambling to get her to hold it. “That’s very unusual, not good behavior,” one Sacramento insider told me.

Ammiano was more respectful toward Campos, simply calling it a “procedural mistake.” He told us he would be looking for other ways to move the bill. “The door is never fully closed up here,” he said.

However that turns out, the veteran Assemblymember, now in his final term, won a resounding victory with the passage of his Domestic Workers Bill of Rights, AB 241. The bill would give domestic workers some of the same labor rights as other employees, including the right to overtime pay and breaks. “These workers, who are mostly women, keep our households running smoothly, care for our children, and enable people with disabilities to live at home and remain engaged in our communities,” Ammiano said. “Why shouldn’t they have overtime protections like the average barista or gas station attendant?”

An Ammiano bill restricting the ability of prosecutors to use condom possession as evidence in prostitution cases also cleared, as did a bill tightening safety rules on firearms.

Ting’s bill, AB 1273, would allow the state Legislature, not the Bay Conservation and Development Commission, to make a key finding on whether the new area is appropriate for the shoreline. Mayor Ed Lee and the Warriors strongly backed the measure, clearly believing it would make the path to development easier. Ammiano voted against it showing that the San Francisco delegation is by no means unanimous on this issue.

Leno had a string of significant victories. A bill called the Disclose Act, which would mandate that all campaign ads reveal, in large, readable type, who is actually paying for them, cleared with the precise two-thirds majority needed and it was a straight party-line vote. Every single Republican was in opposition. “They know that if their ads say “paid for by Chevron and PG&E, the won’t work as well,” Leno told us.

He also won approval for a bill that would ease the way for people wrongfully imprisoned for crimes they didn’t commit to receive the modest $100 a day payment the state theoretically owes them. There are 132 people cleared of crimes and released from prison, but the process of applying for the payment is currently so onerous that only 11 have actually gotten a penny. “We victimized these people, and we shouldn’t make them prove their innocence twice,” Leno said.

Bills to better monitor price manipulation by oil companies and to expand the trauma recovery program pioneered by San Francisco General Hospital also cleared the Senate floor.

But Leno had a disappointing loss, too: A bill that would have helped tenants collect on security deposits that landlords wrongfully withheld died with only 12 vote a sign of how powerful the real-estate industry remains in Sacramento.

 

Dianne Feinstein and 8 Washington: The letters

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Here’s a fascinating little bit of history that relates to the 8 Washington project.

In 1984, the owners of Golden Gateway proposed to build a nine-story condo tower on the site, pretty close to where Simon Snellgove wants to build his ultra-luxury condos today. Dianne Feinstein was the mayor of San Francisco, and she didn’t like the idea at all. In fact, she sent a letter to the Redevelopment Agency Commission, which at that time controlled the land, to say that condo development was inappropriate.

(Feinstein was remarkably open about the whole thing; Willie Brown would have made one phone call, gotten his way, and left no paper trail.)

The point she made in the letter (pdf here) was that the existing Golden Gateway project was approved in the first place largely because of the promise of open space and recreation facilities. Those facilities, contrary to what Snellgrove’s team is saying, are in fact open to anyone who pays dues. “To tear up the present tennis courts to crowd a condominium tower on the site would be regrettable,” she said.

Then in 2003, another plan reared its head — developers wanted to build a $39 million condo and health-club facility on the Golden Gateway site. Again, Feinstein — by that point a US senator — weighed in with a letter of opposition. “Development of more residential units would create traffic noise and pollution and disregard the original understanding between City officials and area residents that open space and recreational amenities would be preserved.”

Feinstein’s opposition was notable: She rarely opposed any development of any sort, anywhere in the city. She allowed massive new waves of office construction and — like Ed Lee today — argued that cranes on the skyline were a sign of progress.

But this idea — condos at the 8 Washington site — was so beyond the pale that even the most pro-growth mayor in the city’s history had to oppose it.

Feinstein hasn’t said anything about the latest project. But she clearly doesn’t actively support it; when the measure came up the the Democratic County Central Committee, her representative didn’t vote.

 

 

 

 

 

 

Ed Lee’s “no social service cuts” budget

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So Mayor Ed Lee is going to spare social services, and apparently at least part of the Department of Public Heath, from any further budget cuts. That’s good. Lives will be saved.

Lee — like Willie Brown before him — has the luck of serving as mayor during a period of growth, not recession. We don’t know how long the boom is going to last, or what will happen when it ends (as these things always do), but right now, in Sacramento and San Francisco City Hall, there is joy over the fact that revenues are up.

(Lee’s supporters on this blog and elsewhere will say it’s because of the mayor’s “pro-jobs” policies that we have all this new revenue. But remember, he promised tax breaks for Twitter and other tech firms that are moving into mid-Market, so we’re not getting much extra payroll tax revenue there. SF is a disgustingly hot real-estate market right now and more people with more money are moving in, so that’s absolutely a factor. So is the general California recovery.)

Either way, I’m always happy to hear about “no-cuts” budgets. But I have to keep raising the question:

If you’ve already cut about a billion dollars worth of services — which is about what most people on all sides of the political spectrum agree has happened in SF in the past decade — and now you’ve agreed not to cut any more, are you really making progress?

At what point do we need to start planning to restore all the services that are gone?

 

This Ain’t The Summer Of Love

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Recently, I came across this great series from 1995 on YouTube, “Dancing In The Streets–the History of Rock and Roll”. Ten episodes from the R/B meets Country birth of the music all the way to hip hop. Really well done, excepting some glaring errors (whomever wrote the Ramones segment knew nothing of the band) and omissions (not an Elton John fan, but the guy was a recording artist of enormous success, ditto Rod Stewart and no MC5 or New York Dolls). As it is television and not music, the colorful parts of rock’s history got a lot of play.

One entire segment was devoted to psychedelia. Was great, too–bookended by the Byrds’ “Eight Miles High” and “You Ain’t Goin’ Nowhere”. Naturally, there was a lot of attention devoted to San Fran and its bands and the importance of the City in rock and roll. Which can’t be denied. San Francisco–from the mid 50’s to the mid 60’s–was America’s creative crucible. The Beats of North Beach and the hippies of the Haight are now cultural signifiers and as the program pointed out, they didn’t happen in San Francisco by accident. 

As the Airplane’s Paul Kantner points out, San Fran is a seaport and seaports tend to be where the collision of disparate ideas from around the world makes new ones. What’s not in the piece is the real reason the Beats flourished in SF. In New York, cabaret licenses were hard to obtain in the 50’s, in SF, they weren’t. Therefore, a city with a population 1/10th the size of New York’s could compete with New York. As is also said in the show, all of SF’s old ballrooms were ideal for Kesey’s acid tests and the laissez faire attitude of the City wasn’t entirely due to its open-mindedness, but simply that San Fran had no idea what was coming in 1966 and 1967.

At the end of the show (which featured Jerry Garcia’s last interview and he was good naturedly hilarious in it), I wondered if in this day and age, San Francisco could ever be the giant of the zeitgeist again. Took me less than a half a minute to realize that the answer is a resounding “no”.

Every factor that figures in to a locale becoming a spawning ground for the arts no longer exists in SF. Artists need two things above all else–lots of space and cheap rent. An “artist” that works a 50 hour a week day job to pay the bare bones of rent, food and heat hasn’t got much left by way of time and energy. If the same artist is in a Mission one bedroom (and shared), there’s no elbow room. Nowhere to rehearse one’s craft and nowhere to paint or draw without getting up in someone else’s space.

That’s to say nothing of a “night life scene” where the price of two drinks and a cover could buy lunch five days a week in another city. 

Don’t hand me the idea that the young software and PNS developers are somehow the same as Jack Kerouac, Jerry, Janis and Grace. Yeah–they’re all young (not now, of course). But conflating commerce with art that no one thought would make any money in the first place because “that’s what kids do now” is jive. They’re opposites. Artists and their fans are messy and free and by their nature hard to control, businessmen and politicians are soulmates. Catering to the very wealthy is a slam dunk to the Ed Lee’s and Nancy Pelosi’s of the world because the wealthy contribute to them.

Don’t get me wrong–the 60’s weren’t utopia and the hordes of homeless people that have flocked to SF since have become an almost intractable problem. 

San Francisco is the country’s mosy physically beautiful city. It has a long history of upheaval (culturally and seismically). But in our time, Detroit, Erie or Buffalo are becoming just as likely if not more so to be where the arts boom next. They’re cheap and with the Internet, an artist’s work can go anywhere when he or she don’t have to. Fact is, plain old venality is doing SF in. Pandering to the few at the expense of the many means that the fertile underside of the (actual) creative class gets priced right off the peninsula. All that’s left is the safe and staid that San Fran has thumbed its nose at forever. Sad.

 

Da Mayor, local hire advocate

Even as Sup. John Avalos continues to be raked over the coals by San Francisco Examiner columnist Melissa Griffin for his so-called “peacocking, disrespectful demeanor” and “flexible hate speech standards,” the progressive District 11 supervisor nevertheless earned something akin to praise May 22 from an unlikely figure: former San Francisco Mayor Willie Brown.

The San Francisco Chronicle columnist, attorney (Brown mentioned in his speech that he paid $50 a semester for law school), sometimes PG&E consultant, self-proclaimed “buddy” of former California Gov. Arnold Schwarzenegger, and all-around power broker delivered his Annual Lecture on Political Trends at the Commonwealth Club yesterday. He plugged his own column, saying, “On Sunday, you can read a column that can’t be disputed. Because it’s my version of the facts.”

Brown is known for his cozy relationship with Mayor Ed Lee and is politically at odds with Avalos, who ran against Lee in 2011. Emphasizing his support for Lee, Brown lauded him for clinching the city’s right to host Super Bowl 2016 events in San Francisco. He pointed out, “That Super Bowl is going to be exactly when he’s possibly seeking reelection.”

Brown also mentioned accompanying the mayor on a recent trip to China, where Lee was reportedly “treated as if he was the president of America instead of just the mayor of San Francisco.”

However, Da Mayor had a bone to pick. He launched into a tale of how he often wanders down to the city’s bustling construction sites, marked by “these 24 or 25 cranes that you see around town” (presumably he finds time for this aimless wandering this between international excursions, dining with the Gettys in North Beach, and palling around with his “buddy” Schwarzenegger?). “Invariably I take a look at the cars, the crews,” he said, and has concluded that “they’re not San Franciscans.” Not only are private development projects being built by out-of-towners, he said, no local hire requirement was imposed upon the city’s Central Subway contractors. 

Giving voice to a cause long championed by Avalos, a progressive who fought doggedly to enact a local hire ordinance, Brown expressed frustration that locals aren’t the ones scoring gigs in the city’s construction bonanza.  

Then he gave Avalos a sort of backhanded compliment, calling him “the strongest advocate for local hire,” but saying “he hasn’t followed up the way he should follow up, to ensure that people who live here get the jobs.”

It seems unfair to lay the blame for this at Avalos’ feet, but Da Mayor seems to be on the money as far as this point is concerned: As long as SF has embarked on a building frenzy, shouldn’t it be residents who reap the benefits of decent paying construction gigs?

Airbnb is still snubbing SF, even after a NY judge rules it illegal there

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Now that a judge in New York has ruled that Airbnb is illegal there, a model that violates city tenant laws and state law, that should put pressure on the San Francisco-based company to finally stop snubbing cities and find a way to exist within local regulatory frameworks and finally start paying its taxes.   

It was good to hear KQED’s Forum discuss Airbnb this morning – it was getting lonely as the only local reporter highlighting the company’s open defiance of San Francisco’s ruling that it should be paying the city’s Transient Occupancy Tax, just like hotels – and to finally question an Airbnb executive on an issue the company has been refusing to address publicly (yes, they still aren’t returning my calls).

But the answer that David Hantman, Airbnb’s global head of public policy, gave this morning was pretty astounding in its hypocritical arrogance. He acknowledged the tax ruling by San Francisco and the company’s lack of compliance, and said the company was waiting for clarification on the various issues related to the questions of the legality of some of the short-term rentals it facilitates before paying its taxes.

In other words, this company is making tens of millions of dollars annually in San Francisco alone on a business model that it developed – one that often runs afoul of local land use and tenant laws, and in violation of people’s leases – and it’s up to city officials to find a solution to this company’s problems before it will pay taxes?!?

To his credit, Board of Supervisors President David Chiu has been trying to do just that for months, slogging through a number of complex and difficult issues that arise from this business model, and he has been clear throughout that Airbnb should be paying its taxes to the city, which it isn’t.

“It’s reasonable to ask people who benefit from the economic transactions we’re talking about to pay their fair share,” Chiu reiterated on Forum, citing the cost to the city of serving the 16 million tourists who visit the city each year.

Coincidentally, there’s a German television crew from ARD (Germany’s equivilent of the BBC) in San Francisco this week doing a story on Airbnb and the shareable economy, interviewing me about my coverage of the company, as well as others, including Airbnb co-founder Nathan Blecharczyk.

The ARD reporter told me this afternoon that Blecharczyk was animated and expansive when discussing how wonderful his company is and how it’s changing the world, but he became terse and unresponsive when she raised the issue of local taxes and regulations.

As I said on camera today, Airbnb and other shareable economy companies are cool, I’ve used them myself, and they’re certainly here to stay. But I just don’t understand their unwillingness to be good corporate citizens and to pay the taxes they owe to support the city services that their customers use.

Chiu has clearly said that Airbnb should pay the TOT — which my reporting has shown would bring $1.8 million annually into city coffers — and that paying its taxes will be a part of the regulatory package he’s working on. But sources have also told me that negotiations have been hard slog, largely because of Airbnb’s unwillingness to play by the rules and because of the unqualified support the company has from Mayor Ed Lee, whose main political fundraiser, Ron Conway, is also a major investor in Airbnb.

Hopefully the New York ruling and growing media scrutiny will prompt the young executives at Airbnb to finally become good faith partners in a city that has been so good to them — a city whose leaders seem anxious to return the favor and legalize Airbnb’s operations in San Francisco.

 

Urbicide

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Every point on the map (click here for the detailed, interactive version) is a building where the landlord has used the state’s Ellis Act to evict all the tenants. (The points typically involve multi-unit buildings, so the number of tenants displaced is even worst than it looks). Some tenants have been here for decades, living in rent-controlled apartments, contributing to the community. And when the eviction notice arrives, they have nowhere else to go.

>>TO SEE A PROPERTY-BY-PROPERTY SPREADSHEET TRANSLATING OUR COVER’S EVICTION MAP — THAT INCLUDES LANDLORD NAMES –CLICK HERE

It feels as if all of crazy, radical, artistic, and unconventional San Francisco is under attack, as if a city that once welcomed waves of weirdos and malcontents — who, in turn, gave the city its attractive reputation and flavor — is changing forever. It’s as if there’s no longer any room for the working class — the people who, for example, keep the city’s number one industry (that’s hospitality and tourism, not tech) functioning.

It’s terrifying. Neighborhood after neighborhood is losing affordable rental housing as landlords cash in on soaring prices. And there’s a huge human cost.

In the end, if trends continue, this will soon be a very different city. We all know that change is part of life (and certainly part of hyper-capitalism) but the notion that there’s a value to a city culture that needs low rent housing and cheap commercial space has been all-but abandoned by the administration of Ed Lee, which wants high-paying jobs at all costs.

And it’s hard to imagine how the best of San Francisco — the city whose culture and sense of madness attracted all these creative folks in the first place — will ever survive. Call it Urbicide — because as Rebecca Bowe reports here, it goes way beyond residential evictions.

Do falling jobless numbers mean we’re smart and focused, or rich and exclusive?

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The unemployment rate continues to drop in San Francisco and all over California, according to new numbers released today by the California Employment Development Department, which were trumpeted by Mayor Ed Lee as vindication for his economic development policies.

“San Francisco’s steady economic recovery is the result of our continued focus on job creation, education and training residents for the demands of the 21st century workforce. San Franciscans are getting back to work across the spectrum of job sectors – from hospitality to construction to technology to service industry jobs and we will continue to help these sectors grow in our City,” Lee said in a press release.

But are Lee’s neoliberal policies of promoting technology and other corporations with tax breaks and city-subsidized training programs and financing mechanisms really creating the rosy economic picture he’s painting? And even if it is helping to promote boom times, at what point have we essentially reached full employment, the point at which we should maybe turn our focus and resources to addressing the rising cost of living here?

After all, San Francisco’s unemployment rate of 5.4 percent is third only to Marin County (4.6 percent) and San Mateo County (5.1 percent). Those three counties also just happen to be the three counties with the highest per capita incomes in the state, a fact that explains our jobless rate more than the mid-Market payroll tax exemption and other taxpayer giveaways.

“Unemployment rates tend to be lowest in areas with high education attainment,” Ruth Kavanagh, EDD’s labor market consultant for this area, told us when we called to discuss the disparties among counties.

What about the rising cost of living in San Francisco? Clearly, this is becoming a much more difficult city for the unemployed and marginally employed to remain living in. How much are gentrification, evictions, and the exodus to the East Bay (Alameda County’s rate is 7 percent, still better than the statewide rate of 8.5 percent) and other locales a factor in our low jobless rate?

Kavanagh said the EDD doesn’t directly track that and so she couldn’t address the question. But she did say that the Bay Area was indeed experiencing the fastest job growth in the state, driven largely by the tech industry. In the last year, this three-county area has added 9,600 jobs in Professional Business Services (which includes tech) and 4,600 each in Leisure & Hospitality and Construction.

Indeed, in his State of the City speech in January, Lee touted the 23 construction cranes on the city skyline as the best gauge of the state of the city. And if counting jobs is one’s only measure of success, San Francisco is doing as well as can be expected. Kavanagh said most economists consider “full employment” within the capitalist system to be somewhere between 4-5 percent.     

Yet Lee says he’s not backing off from his full-throttle focus on economic development. “San Francisco’s unemployment rate today stands at a five-year low and I will continue to pursue policies that get people back to work, support San Francisco families and invest in our City’s future,” he said. “This Summer through San Francisco Summer Jobs +, we are setting an aggressive goal of putting 6,000 youth to work in paid jobs and internships, and I will continue working hard to make sure all San Franciscans have access to good paying jobs.”

Now if only we all had access to reasonably priced housing, health care, food, entertainment, and a transportation system built to handle a growing population.

-sigh-

Now get back to work!

Can the tech boom solve our housing crisis? No, but it can make it worse

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 San Francisco Housing Action Coalition and San Francisco Magazine posed an intriguing question at a forum they sponsored last night in the W Hotel: “San Francisco’s Housing Crisis: Can the Tech Boom Help Us?” Unfortunately, it wasn’t a question they ever really addressed at an event of, by, and for developers and their most ardent supporters.

Instead, the event was mostly just pro-development boosterism supporting HAC’s goal of building 100,000 new homes in SF over the next 20 years, and the discussion seems to show that the tech boom will exacerbate the housing crisis without ever addressing it, particularly given the local tax breaks and subsidies Mayor Ed Lee keeps giving the industry.

“San Francisco must radically increase its anemic housing production,” HAC Executive Director Tim Colen said during the introduction.

The pro-development cheerleading was slightly offset by the dose of reality offered by panelist Peter Cohen of the San Francisco Council of Community Housing Organizations, who noted that market rate developers aren’t building for today’s San Franciscans, 61 percent of whom make less than 120 percent of the Area Median Income. 

“We don’t believe the market will ever touch the 120 and lower,” Cohen said, later offering, “How do we build for the kind of San Francisco we have now?”

San Francisco Magazine Editor-in-Chief Jon Steinberg, who moderated the panel, said this event grew out of an important and widely acclaimed story that David Talbot wrote for the magazine last fall, “How Much Tech Can One City Take?” that raised critical questions about the wisdom of the big bet that San Francisco has placed on an industry driven by speculative bubbles.

“We got more responses from readers than anything we published in our history,” Steinberg said of the article, before shamefully expressing second thoughts on publishing it. “I felt the writer had been a little hard on our friends in the tech industry.”

He introduced UC Berkeley Economics Professor Enrico Moretti, whose 2012 book “The New Geography of Jobs” argues for reducing regulations that hinder housing production in cities, by saying that if he’d read it before publishing Talbot’s excellent article, “I think it would have had a little different tenor.”

Yet Moretti’s presentation was an overly simplistic Economics 101 argument that housing prices go up when demand is strong and supply is weak. “It doesn’t take a degree in economics to know those workers will bid up the price of housing,” Moretti said after noting San Francisco added 21,500 job but just 2,548 new housing units last year.

That’s the basic line we hear a lot these days, that only a massive housing construction boom will keep housing prices down and prevent mass displacement. “The only answer is to radically increase the supply,” said SPUR Executive Director Gabriel Metcalf, noting that means tossing out many of the city’s historic preservation and height and density restrictions. “All we have to do is get out of the way and allow housing to increase to make it normal again.”

Metcalf confidently predicted that housing prices and rents would drop if the city pursued that kind of unfettered housing boom, offering to buy Cohen a beer if he was wrong. Yet even Moretti’s research shows that Metcalf would probably lose that bet.

Moretti compared San Francisco to Seattle, which is also experiencing a comparable high-tech job boom that exacerbated a housing supply shortage, which Seattle responded to by following the prescription of HAC and building thousands of new condos in the downtown core.

The result was that rents in Seattle have increased 31 percent less than San Francisco’s, which he called significant, despite the fact that rents are still on the rise there even with a massive influx of new people and condos and all the infrastructure challenges that presents (it’s widely accepted that new development in San Francisco doesn’t pay for the full cost of infrastructure needed to serve it, which is a huge issue in the transportation sector alone).

Nobody had a good answer to Cohen’s point that building tons of market rate housing won’t actually do much to prevent the displacement of a majority of current city residents. As he put it, “What’s missing is who is that housing for, who is it actually serving?”

Metcalf welcomes the wholesale transformation of San Francisco – “It will be a change, a total change, and guess what? That could be great.” – but even he argues for the importance of policies that protect those on the bottom half of the economic scale, from rent control to more government-subsidized affordable housing production.

As Metcalf, one of the biggest market rate development cheerleaders in city, said, “If it were not for rent control, I would have been forced out of the city by now.”

Ultimate zero

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rebecca@sfbg.com

In January, Mayor Ed Lee appeared on the PBS NewsHour to talk up the city’s Zero Waste program, an initiative to eliminate all landfilled garbage by 2020 by diverting 100 percent of the city’s municipal waste to recycling or compost. “We’re not going to be satisfied,” with the 80 percent waste diversion already achieved, Lee told program host Spencer Michels. “We want 100 percent zero waste. This is where we’re going.”

But somewhere in Te Anau, New Zealand, an environmental scholar tuning into an online broadcast of the program was having none of it. “I sat there thinking, no, you’re not. It would be great if you were, but you’re not — for obvious reasons,” said Robert Krausz, who’s working toward a PhD in environmental management, describing his reaction during a Skype call with the Bay Guardian.

Krausz, a Lincoln University scholar originally from Canada, spent three years studying municipal zero-waste initiatives internationally, and completed an in-depth, 40-page analysis of San Francisco’s Zero Waste program as part of his doctoral thesis.

He may as well have taken aim at a sacred cow. The city’s Zero Waste program has near-universal support among local elected officials, and has garnered no shortage of glowing media attention. San Francisco’s track record of diverting 80 percent of waste from the landfill is well ahead of the curve nationally, scoring 15 percent higher than Portland, Ore., a green hub of the Pacific Northwest, and 20 percentage points or higher above Seattle, according figures provided by Recology, San Francisco’s municipal waste hauler.

Despite the city’s well-earned green reputation, Krausz arrived at the pessimistic conclusion that “San Francisco’s zero waste to landfill by 2020 initiative is headed for failure.” In seven years’ time, he predicts, the program deadline will be marked with a day of reckoning rather than a celebratory gala. “I think the city is setting itself up,” Krausz told the Guardian. “Somebody’s going to be holding the bag in 2020.”

 

 

ANOTHER AFFLUENT CITY

Sporting a goatee and glasses, Krausz comes across as the type you might find locking up his bike outside a natural foods store with canvas bags at the ready. When he visited San Francisco, he said he was ready to be wowed by the example of an ecologically enlightened city, yet ultimately left in disappointment. “It was just another affluent American city, in terms of consumption.”

The problem, he argues, is that people are still buying way too much disposable stuff — and a significant amount can’t be recycled. Plastic bags, food wrapping, pantyhose, plastic film, pet waste, construction materials with resin in them (like the popular Trex decking), and particularly disposable diapers have nowhere to go but into the landfill.

San Francisco produces a total of about six kilograms of trash per person per day before diversion is factored in — three times the U.S. national average. That’s a sobering figure that puts a slight dent in the city’s eco-conscious image. It’s not really fair to denizens of the city by the Bay, because it counts trash generated by 20 million annual visitors, daytime employees, developers, and businesses as well as residents. Nevertheless, the trash output ranks well above the per capita average for the Eurozone, which clocks in at a minimalistic 0.5 kg per person per day.

The city has earned its bragging rights for making strides toward diverting waste from the landfill — yet truckloads of waste still leave the famously green city every day. Since 2003, Krausz notes, San Francisco’s overall waste generation has actually increased, from 1,900 to 2,200 kilograms per person per year. At the same time, the per capita amount of waste going into a landfill has dropped, from about 1,000 to 500 kilograms per year. That’s still a lot of garbage.

Krausz argues that San Francisco has no comprehensive plan for achieving Zero Waste, while at the same time having little control over “top of the pipe” consumption, which generates a glut of trash. “While the city has achieved success at managing waste at the end-of-pipe, it has thus far failed to address the fundamental problem of consumption, which is driving waste generation,” his study notes.

Guillermo Rodriguez and Jack Macy of San Francisco’s Department of the Environment counter that there is a strategy, involving a host of different measures ranging from education, to policy initiatives, to incentive programs aimed at reducing waste. They think zero waste is possible. “We’re probably at 99 percent diversion here in this office,” said Macy, who serves as the city’s Commercial Zero Waste Coordinator. “At least 90 percent of the discard stream is recyclable and compostable,” he added. And as for the last 10 percent, “that pie will be shrinking as we find more markets” for recyclables.

Krausz also raised skepticism about Recology’s bid for a landfill contract that would extend until 2025, five years beyond the deadline for all waste elimination. To that, Recology’s Eric Potashner responded that state law requires 15 years of disposal capacity to guarantee a safety net, regardless of municipal aspirations.

Krausz is critical of San Francisco officials for promising zero waste, but he acknowledges that manufacturers of disposable goods, not city officials, are to blame. Ambitious legislative measures such as San Francisco’s mandatory composting program and a ban on plastic bags have been enacted and achieved tangible results, but for items like ubiquitous thin-film plastics, dirty diapers, synthetic materials, and the like, good solutions have yet to be found.

Krausz’ study also determined that no city on the planet that’s set out to do so has ever actually succeeded at achieving zero waste. “If you are a city that is a member of Western civilization as we know it, you’re not going to be zero waste to landfill, because you participate in the global economy,” Krausz states plainly.

 

 

SF’S TRASH PIT

On a recent Friday morning, Recology’s Potashner and Paul Giusti led a tour of the city’s recycling and waste processing facilities. It featured a stop at the transfer station, housed in a large warehouse off of Tunnel Road where all the refuse from the black trash bins is deposited before being carted off to the Altamont Landfill. A sweet, pungent aroma hung in the air. “We call this the pit,” Giusti explained as we approached a sunken area that could have contained multiple Olympic-sized swimming pools, extending a story or two below us into the earth. “This is the last frontier,” Potashner added. “The last 20 percent.”

It was filled with an astonishing quantity of trash, making a tractor that ambled awkwardly over top the mound to compact it down appear toy-like in comparison. The sea of discarded material contained every hue, and floating around in the debris were orange juice containers, cardboard boxes, and thousands upon thousands of (banned) plastic bags. Between 200 and 300 garbage trucks eject their contents into the pit each day, and a single truck can hold up to four tons of trash.

Giusti started working for Recology, formerly NorCal Waste Systems, in 1978, following in the footsteps of his father. Back then, the pit was more like a mountain: “When I would dump my truck, I could walk up this pile,” he said, gesturing toward a set of sprinklers suspended from the ceiling to indicate how high it once extended. State data confirms the story: In 2011, according to CalReycle, San Francisco sent 446,685 tons of waste to the landfill. That number has steadily declined over time; in 2007, it stood at 628,914 tons.

Asked for his reaction to Krausz’s thesis that the Zero Waste program won’t ever actually get to zero, Guisti turned the question around by asking, what’s the harm in trying? “Let’s say you said, zero waste is unattainable,” he said. “Then what’s the number? I think zero waste is an ambitious goal — but if we get to 90 or 95 percent, what a tremendous achievement.” Setting the highest of bars is important, he said, because striving for it provides the motivation to keep diverting waste from the landfill.

In order to actually reduce the city’s garbage from 446,685 tons to zero in the next seven years, Zero Waste program partners Recology and San Francisco’s Department of the Environment face a twofold challenge. First, they must prevent compostable and recyclable material from getting into the landfill pile. Second, they must find solutions for diverting the waste that currently has nowhere else to go but the landfill. With a combination of seeking new markets for recyclables, using technology that can sort out the recyclable and compostable matter, and implementing incentives and educational outreach programs, they’re still focused on the goal. “It’s hard to tell how close we’ll get to zero in 2020,” Macy said. So even if zero waste does not actually mean zero waste in the end, that goal “sends a message that we want to move toward being as sustainable as we can.”

Randy Shaw just loves Capitalism

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Well: We all know that Randy Shaw, director of the Tenderloin Housing Clinic and editor of BeyondChron, is a loyal, devoted fan of Mayor Ed Lee. We know that he pretty much sees no wrong in the Lee Administration. But his attack on the Chron’s John King for daring to say that there’s a lack of planning on the waterfront is remarkable not only because there IS a lack of planning on the waterfront but because Shaw’s position is essentially that King is (gasp) anti-Captialist.

Seriously:

Ultimately, King’s critique is more directed at the U.S. capitalist system than to Mayor Lee, his predecessors, or other urban mayors. Private developers have long called the shots in urban America because the government does not go into the lucrative business of building and operating office buildings, luxury housing or tourist hotels. In the absence of government development, private interests determine what gets built. And when planners decide, under King’s favored approach, to dictate land use policies for a certain area, success is dependent on attracting private investment.

 Randy: The whole concept of city planning is “dictating land use policies for a certain area.” That’s not just King’s favored approach; it’s the essence of how progressive cities operate. Yes, you (sadly) have to attract private investment, but you don’t have to let the private developers lead the way. You can say: This is the kind of city we want; if you want to build here, build to our terms.

If you don’t do that, you become the wild west.

I’m surprised how far Randy Shaw has moved to the right on development issues in the past year; this piece could have been written by the folks at SPUR. Everything is about serving the needs of the private sector.

So BeyondChron is now the voice of the developers, and the Chronicle is the one raising the critical issues. What an odd world this has become.

 

 

The Chron discovers the lack of waterfront planning

12

So the Chronicle’s John King (who’s generally not a bad architecture critic and really seems to understand city planning) finally discovered something that some of us have been talking about for months: There’s no comprehensive planning on the waterfront. Instead, it’s all developer-driven projects that make little sense as part of a well-thought-out future for the area.

Once again, we are hampered by the Chron’s paywall, so unless you subscribe you can’t read the whole story. But here’s the gist of it:

Instead of mapping out how the next frontiers of growth should be filled in, Mayor Ed Lee’s administration is letting developers frame the debate. They select a site, cook up a proposal and then see what will fly.

He notes that there are good touches in the new Warriors proposal, although:

[N]obody envisioned an 18,000-seat arena on a pier until the Warriors called City Hall. The team loved the glamour of the camera-friendly location. The Lee administration saw a chance to fill a void left open when the America’s Cup organizers shifted gears. …. the whole effort is aimed at soothing objections to what the team owners want. It isn’t connected to a pre-existing vision of what this part of the city could be.

There have been successful community-based planning efforts in other parts of town. But the waterfront — which is unique and immensely valuable — is nothing but a collection of projects that developers want. And Lee is going along:

Today, instead, we have a mayor’s office that wants to make things happen. Progress is measured in terms of construction jobs, housing units and new buildings that might lure the likes of Google up north. Planners on the city and state payrolls are put in the reaction mode, massaging the details the best they can.If this continues, some of what gets built could be terrific.Some of it could also be an alien presence in the city around it. And that’s not a legacy that any mayor should want.

It’s all too reminiscent of Dot-Com Boom I, when Willie Brown was in charge and city planning was driven entirely by campaign money. Highrise office buidlings in the residential Mission? No problem — just wave the dollars in front of the mayor. Not saying Lee is that corrupt — but he’s so excited about building stuff that he can’t bother to take a step back and ask: Is this the city we really want?

 

Nice to know our tech friends aren’t paying taxes

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Since Mayor Ed Lee has decided that tech companies are the future of San Francisco, it’s nice to note that these outfits are often no better than the cheating robber barons of old — or the modern Leona Helmsleys. The Campaign for America’s Future notes that Apple dodged a $9.2 billion tax bill that would have been enough to cover most of the sequester cuts this spring. Notes Isaiah Poole:

Apple makes great products, but the obscenity of its use of the tax code to avoid paying its fair share for the functions of government that make its success possible is only exceeded by the tax code itself and the nexus of ideology and corporate greed that created it.

Only the little people pay taxes.

How SF politics (and journalism) really works

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The internal report on SF Housing Authority management berates ousted director Henry Alvarez as a jerk and a bully, somone who made racist and homophobic comments and intimidated staff. But the report also shows exactly how the corrupt politics of San Francisco contracting works. You can’t read the whole Chronicle story because of the paywall, but I’ll excerpt the part that matters:

In another instance, Larsen said Alvarez had him resolicit bids three times for a contract to provide security at public housing projects. Alvarez later called Larsen into his office and said he had just returned from lunch with Chronicle columnist and former Mayor Willie Brown where he met Stan Teets, who runs the private security firm Personal Protective Services, which was not poised to win the contract, the report said.

“Larsen said that Alvarez told him, ‘You need to figure this out; you need to figure out a way to get PPS the work,’ ” according to the report. “Larsen said that his belief is that Alvarez saw Brown as an influential person, and that he (Alvarez) therefore needed to get Teets a contract or risk losing his job.”

After PPS failed to win the contract, Larsen said Alvarez told him to start the process over a fourth time, the report said.

Alvarez denied to investigators that ever happened.

Brown, when reached on his cell phone, said: “I can’t talk to you. I’m at a luncheon.”

Check that out: Brown — who works for the Chronicle as a columnist — said he can’t talk to a Chronicle reporter because he’s at a luncheon. BTW, he’s used the exact same excuse with me a bunch of times, including once at 4pm. He has a lot of luncheons. And they seem to last most of the day.

And let’s remember: in his columns, Brown has consistently made excuses for Alvarez and gone out of the way to tell his side of the story.

PPS has had serious problems with its work at the Housing Authority in the past, when Teets was hired by Brown’s hand-picked authority director, Ronnie Davis. Now Brown meets with Alvarez — who he defends in his column — and tries to get a contract for a firm with a shaky history that wasn’t the low bidder.

Is PPS one of Brown’s private law clients? We don’t know — the Chron doesn’t require him to disclose that information.

But we know this is fucking sleazy shit, and it’s exactly how the city worked every day when Brown was mayor — and apparently, it’s how things are working again, now that Brown’s pal Ed Lee is mayor. I give Lee credit for ousting Alvarez and shaking up the Housing Authority Commission, but by the time he did that, he really had no choice — the evidence and the mounting media pressure was overwhelming. And Willie clearly still has his hands in the operations of the city.

All this is happening at the same time that the Columbia Journalism Review has taken up the issue of Brown’s column and the truly shady ethics involved.

I had a lot of gripes with Mayor Gavin Newsom, as all of you know, but when he was mayor, this kind of pay-to-play overwhelming sleaze wasn’t the order of the day at City Hall. Now it’s back.

That’s how it works in San Francisco in 2013. How lovely.

 

 

 

Bike hot spots

16

steve@sfbg.com

When a four-year-long court injunction against new bicycling improvement projects in San Francisco was finally lifted in 2010, there was great hope in the cycling community that the city would rapidly move forward on completing its long-planned network of bike lanes.

Feeding that optimism, Mayor Ed Lee, Board President David Chiu, and other top officials set ambitious goals to increase cycling, even though they did little to provide funding that was up to the task or overcome political opposition that inevitably arises to projects that take space from cars (see “20 percent by 2020,” 5/8/12).

San Francisco is still a long way from emerging into even double-digits in terms of the percentage of vehicle trips taken by bike, and a big part of that is many people don’t feel safe or comfortable fighting with cars for space on the roads. They want bike lanes throughout the city, ideally more of the physically separated cycletracks that debuted a few years ago on Market Street.

So, on Bike to Work Week 2013, we’re taking a look some of the cycling hot spots in the city, places where the San Francisco Bicycle Coalition and other advocates have been pushing for pivotal bike safety improvements, the opposition they’ve encountered, and the status on those improvements.

Polk Street: This has become the hottest of hot spots in recent weeks, with an SFMTA plan for cycletracks shot down by local residents and businesses who complained about the loss of parking spaces on this narrow and increasingly congested corridor. SFBC is organizing to restore the bike lanes, starting with a May 14 event at its office.

Masonic Boulevard: Cars turning left from Fell onto Masonic, which bisects the bike-friendly Panhandle, used to be one of the most dangerous spots in the city, a problem that was largely solved with a special bike-signal light. Next, the SFMTA is proposing to take a lane from cars on that fast-moving thoroughfare and install bikes lanes all the way to Geary, with important funding decisions on that project coming up this summer.

Fell and Oak Streets: There’s finally been some recent progress to this short but important east-west connection after years of delays and broken promises. Cycletracks on each busy street to connect the Wiggle to the Panhandle were approved in October, with an appeal denied the next month as Fell got new striping. But it was only in the last week that Oak finally got two blocks of temporary bike lanes, with parking spaces still standing in the way of the final block.

Second Street: After years of political haggling and community meetings, the SFMTA is finally on the verge of approving bicycle and pedestrian improvements on this dangerous car-clogged artery. The latest plans call for one-way cycletracks running next to the sidewalks on both sides of the street separated by a raised median with street trees separating riders from rows of parked and moving cars. Look for community meetings on the project in June.

Caesar Chavez Boulevard: This busy street got some much needed improvements earlier this year, with good bike lanes on the eastern portion, clearer signage for automobiles approaching the confusing maze as Chavez crosses I-280, and pedestrian safety improvements. Now the city just needs to continue what it started and complete the bike-lane link all the way to Valencia.

Market Street: Cyclist demand is causing mini Critical Masses everyday during the morning and evening commutes on mid-Market Street. Yet despite the fact that the last two mayors long ago called for private cars to be removed from this showplace thoroughfare, Market is a traffic mess and will probably remain so for awhile without fresh political will. The Better Market Street project has delayed improvements to 2017, and its planners this year offered the daffy idea of banning bikes from Market and forcing them over to Mission.

Mansell Street: Improving people’s ability to safely ride bikes to and through McLaren Park, the SFMTA has designed and approved a road diet along Mansell that includes a two-way cycletrack and pedestrian path from Brazil to University, after a series of multilingual community meetings.

Embarcadero: To help improve access to and views of the waterfront during this year’s America’s Cup, the SFBC is aggressively pushing for a pilot project with a two-way cycletrack along the bay side of the roadway. Meanwhile, the SFMTA is now doing a long-term transportation study that will inform approval of the Warriors Arena and the Giants/Anchor Stream development at Pier 48, which will hopefully fund the Blue-Greenway bike path along the waterfront.

Condo bypass legislation now before the full board

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Controversial condominium lottery bypass legislation — sponsored by Sups. Mark Farrell and Scott Wiener but substantially modified by tenant group that strongly opposed the original legislation, with the help of Sup. David Chiu, Jane Kim, and Norman Yee — is finally coming to the full Board of Supervisors today (Tues/7, starting at 2pm).

Those involved in the negotiations say the legislation will likely to be returned to the Land Use Committee because of amendments being introduced today that the City Attorney’s Office has deemed substantial enough to require another public hearing. [UPDATE: The board voted unanimously to send this back to committee, which will consider it on Monday the 13th].They include a provision pushed by tenant groups that would scuttle the lottery bypass if the 10-year lottery moratorium is challenged in court. 

That moratorium was pushed by tenants and their supporters as a tradeoff for letting a backlog of around 2,000 tenancy-in-common owners buy their way out of the city’s lottery for the annual allowed conversion of 200 TICs into condominiums, which are more valuable and easier to sell and finance than TICs.

Farrell told the Guardian late last week that he was still negotiating with both sides and hopeful that he might be able to support the legislation, despite the hostile amendments that Chiu made which were opposed by Farrell and Wiener in committee.

San Francisco Tenants Union head Ted Gullicksen told us that the tenants’ side was willing to accept a couple of the technical amendments that Farrell proposed during negotiations with them, including exempting from the bypass fee the 19 building that have awaited conversion the longest and allowing some owner-occupier changes as the bypass is phased in over six years.

He said Farrell also proposed that if less than 2,000 condos opt for the bypass, then the difference in numbers would be added to the allowable number of condos in the first year that the lottery is restored, which the tenants’ groups haven’t yet agreed to.

Farrell and Wiener are also expected to offer other amendments, but the tenant groups have said they’ve gone as far as they’re willing to in allowing any increase in condo conversions, and they seem to have six solid votes lined up on the board.

Yet it’s still an open question how new amendments might affect those political dynamics, how the real estate industry (which simply wants as many condo conversions as possible) will respond, whether Mayor Ed Lee (who has avoided taking a position on the legislation) will sign or veto whatever emerges, and whether whoever is left unsatisfied by this deal will try to go to the ballot.

In other words, there may be some tricky political maneuvering ahead, so stay tuned. 

Chiu and Herrera roll up their sleeves for spring cleaning in City Hall

For some time now, oft-labeled “power brokers” with undue influence in San Francisco city government have taken heat for failing to register as lobbyists. At the same time, politically connected insiders are often criticized for manipulating the permitting process for major real estate developments far outside the public gaze.

It’s said that sunshine is the best disinfectant. Yesterday, City Attorney Dennis Herrera and Board of Supervisors President David Chiu introduced a package of reforms designed to shed more light on lobbyists’ practices.

The new set of rules would tighten up lobbying regulations, create new disclosure rules for developers and their lobbyists, create more oversight around city contracting and grant-making, and require the publication of a guide for campaign donors spelling out Ethics laws regarding campaign contributions.

“We’re not demanding of anybody else anything different than we would demand of ourselves,” Herrera said, adding that he and Chiu had been working on drafting the proposal for months.

Chiu and Herrera both vied for the city’s highest office in competition with Mayor Ed Lee in 2011. Since beginning his term as mayor, Lee has drawn sharp criticism for his cozy relationships with former San Francisco Mayor Willie Brown, Chinatown consultant Rose Pak and a handful of others who are not registered as lobbyists.

Without mentioning anyone by name, Chiu noted, “I do think there are individuals who have not registered as lobbyists who probably should.”

The proposed rules would broaden the definition of “lobbyist” under the city’s Ethics regulations. The new definition would include “any individual who makes contact with” an elected official on behalf of an employer or anyone else paying them “for lobbyist services.” If someone makes $1,000 or more per month for lobbying, that person would be considered a lobbyist under the law.

The new legislation would also create new disclosure requirements for “permit expediters,” who work on behalf of developers to hasten the permitting process for major real estate construction. They would have to register with the city’s Ethics Commission and file regular reports about their contacts with city officials. Developers with major planning projects in the pipeline would also have to disclose donations of $5,000 or more to city-based nonprofits.

Chiu noted that he and Herrera had consulted with Friends of Ethics, a group of government accountability advocates that’s been pushing for Ethics reform, for help drafting the proposal.

Chiu and Herrera also acknowledged that better enforcement of existing laws was needed in addition to the proposed legislative reforms. “Our city could be more proactive in enforcing our Ethics laws to the fullest,” Chiu said. “Not just the letter of the law, but the spirit of the law.”

Check, please

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steve@sfbg.com

San Francisco restaurants that have been cheating their customers and employees — charging diners for city-required healthcare coverage that they aren’t fully providing to workers — will finally be exposed in the coming weeks, with some notable names in foodie circles among the likely culprits.

City Attorney Dennis Herrera is working on settlements with dozens of restaurants that responded to his investigation and partial amnesty offer, which had an April 10 deadline. His effort augments the complaint-driven enforcement actions by the city’s Office of Labor Standards Enforcement, which has collected millions of dollars for thousands of employees of negligent local businesses in recent years.

At issue is the Healthcare Security Ordinance, the landmark 2008 law authored by then-Sup. Tom Ammiano that requires San Francisco businesses to provide a minimal level of healthcare benefits to their workers. Businesses are also required to report spending and surcharge figures to the OLSE annually, with the next report due April 30.

Last year’s data show celebrity chef Michael Mina’s Mina Group LLC — which includes the restaurants Michael Mina, RN74, Bourbon Steak, and Clock Bar — to be the top violator, collecting $539,806 in surcharges from customers and spending just $211,809 on employee healthcare.

Herrera used that list to ask more than 70 businesses to show they are in compliance with the law or reach discounted settlements now to avoid punitive fines or criminal charges later, and Herrera told us he received 60 responses and had his inquiry snubbed by fewer than a dozen.

“It’s too early to talk about how large a recovery we’ll be getting for workers, but I’m pleased with the response rate,” Herrera told us. He refused to estimate how many of the respondents were found to be in violation, but in an April 11 message to reporters covering the issue, his spokesperson Matt Dorsey wrote, “Based on our investigation so far, we anticipate that the majority of these establishments will be required to pay money to compensate their workers.”

WHAT THE FIGURES SHOW

The Guardian contacted many of the restaurants that topped the OLSE list. Some wouldn’t respond, some said they’ve changed their policies since the controversy erupted, and some wouldn’t talk until after a settlement is announced — including the Mina Group. That seems to indicate they’re about to pay for past violations.

Nicole Kraft, who handles public relations for the Mina Group, responded to Guardian inquires by writing, “I wanted to let you know that Mina Group will soon be releasing a joint statement with the City Attorney’s office, which should answer many of your questions. We’ll be sure to send it your way ASAP.” [UPDATE 4/29: Mina Group settled its case for $83,617.]

Sources in the City Attorney’s Office say settlements with as many as 10 restaurants that admit clear violations of the HCSO could be announced in the next week or two, while another 10 or so have provided data showing they are not in violation. The rest are more complicated and could take weeks or months of investigations, which are being led by Deputy City Attorney Sarah Eisenberg.

“There are going to be some that are given a clean bill of health,” Herrera told us. Herrera also told us that his investigation is just getting started and that it will look at businesses that haven’t made required annual reports to the OLSE. “When we get to a place where we’re announcing settlements, we’ll have more to say,” he said when asked for details and dimensions of his investigation.

GGRA Executive Director Rob Black has maintained that the OLSE figures don’t accurately reflect whether businesses are in compliance because the reporting requirements are confusing. GGRA held a compliance workshop on April 17, and Black told us about 40 restaurateurs attended.

“It was very informative and we got really good feedback from the restaurants,” Black told us. “We had people saying, ‘knowing what I know now, we should redo my 2011 form because I did it wrong.”

Black was initially critical of Herrera’s focus on the restaurant industry, but told us last week, “He made a commitment that the process would be efficient and fair, and he’s lived up to that so far….I still believe that the majority [of violators] didn’t have a mal-intent…Many people on the list that was reported have done nothing wrong.”

Cheesecake Factory — which was seventh on last year’s OLSE list, allegedly taking in $159,242 more in surcharges than it spent on employee health care — insists that it is in compliance and expects the City Attorney’s Office to confirm that.

“We believe the City Attorney’s initial review was erroneous,” Richard J. Frings, the company’s vice president of compensation and benefits, told us. “We are in full compliance with HCSO. Our healthcare costs in San Francisco have far exceeded the surcharge that we have collected. Once the City Attorney’s office has an opportunity to review our filings, we believe this matter will be closed without any further action.” He refused to provide figures to support the assertions.

THE HSA PROBLEM

Most of the restaurants that have been accused of stiffing employees use health savings accounts, which health officials say is a far worse option than private health insurance or the city’s Healthy San Francisco plan, which was created in conjunction with HCSO. Federal law bars cities from prescribing how health benefits are delivered.

San Francisco’s restaurant industry has always been hostile to the HCSO’s employer mandate, with the Golden Gate Restaurant Association unsuccessfully challenging the law all the way to the US Supreme Court. Controversy then erupted in 2011 with revelations (first in the Wall Street Journal, followed up by local media outlets) that some of the city’s most high-profile restaurants were shirking their responsibilities even as they charged diners 3 percent to 5 percent surcharges, sometimes essentially pocketing that money at the end of each year.

That verges on consumer fraud, but District Attorney George Gascon has refused to investigate, telling the Guardian and other papers that he was deferring to the OLSE and the City Attorney’s Office.

In 2011, a progressive-led majority on the Board of Supervisors passed legislation authored by Sup. David Campos to require that businesses keep the money they are required to spend on employee healthcare — which is currently $2.33 per employee-hour for large companies or $1.55 per employee-hours for businesses with less than 100 employees — for employees to use as needed.

But under aggressive lobbying by the GGRA and San Francisco Chamber of Commerce — which asserted the right of business owners to raid these funds, calling the set-aside a multi-million-dollar annual loss to the local economy — Mayor Ed Lee vetoed the measure. He later signed watered-down legislation requiring the money be set aside for two years, setting standards for letting employees know how to access the funds, and explicitly calling for all customer surcharges to remain in escrow accounts.

The OLSE, which also monitors compliance with the city’s paid sick leave and minimum wage laws, can only investigate businesses when an employee files a complaint. But then complaints trigger investigations that cover all of a given business’s employees, who are often compensated for past violations. To file a complaint, just write hcso@sfgov.org or call (415) 554-7892.

OLSE figures show the agency has investigated more than 100 complaints since 2008, resulting in $8.1 million in health care benefits provided to more than 6,400 employees and $244,000 in penalties paid to the city. Herrera’s office also reached a $320,000 settlement with the owners of Patxi’s Chicago Pizza in January, just before announcing his broader investigation.

“The vast majority of San Francisco employers have complied with their obligation to make health care expenditures pursuant to the HCSO,” OLSE Manager Donna Levitt told the Guardian. “With respect to the minority of businesses who fail to meet their obligations, the OLSE works tirelessly to ensure that workers receive the benefits to which they are entitled and that all businesses compete on a level playing field.”

Among the restaurants near the top of the OLSE list that did not respond to the Guardian inquires are Squat & Gobble, Wayfare Tavern, and Trinity Building Services.

“We are actually in complete compliance,” Larry Bouchard, manager of One Market restaurant, told us, explaining its inclusion on the OLSE list by saying, “It’s my understanding that we reported the wrong information.” He said the restaurant uses health savings accounts, but that they are widely used by employees, who get their expenditures repaid within three weeks.

Scott Carr, general manager of Boulevard — who sources say was one of the first restaurants to use the healthcare surcharges on customer bills, and whose parent company, Reroute LLC, was fifth on the OLSE list, underspending by $169,777 — told us the figures didn’t fully reflect the company’s spending on employee health care.

He wouldn’t say whether the company will be settling with Herrera for any past violations, but he did say that the restaurants decided to abandon health savings accounts in favor of health insurance policies for employees starting on Jan. 1. As he told us, “We feel we’ve made a positive step.”