Ed Lee

Two views of the waterfront

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rebecca@sfbg.com

The Golden State Warriors’ announcement that its planned 18,000-seat basketball arena would be moved off the San Francisco waterfront was fresh in everyone’s mind when former San Francisco Mayor Art Agnos visited the Bay Guardian office on April 23, and he was electrified by the win.

“I resent anyone suggesting that this is not a genuine people-powered victory — again,” Agnos said. “Because that’s what it was, bottom line.”

The former mayor has traveled up and down the city in recent months promoting Proposition B, an initiative on the June 3 ballot that may well have cleared the Warriors Arena from its proposed waterfront perch at Piers 30-32 had the team not announced that it would be taking that step independently.

If it passes, Prop. B will require voter approval for any development project along city-owned waterfront property that exceeds height limits set by the Waterfront Land Use Plan approved in 1997. Such a rule would have squarely targeted the Warriors’ proposal.

The sports arena had been slated for a 13-acre parcel a stone’s throw from the Bay Bridge that is now a parking lot, where it would have hovered above the water like a floating spacecraft. Across the street, at a site known as Seawall Lot 330, the Warriors had proposed installing shops, parking, a condo tower, and a hotel.

Agnos and the backers of Prop. B hadn’t anticipated the Warriors’ announcement that its waterfront venue would be moved to private property, a 12-acre lot in Mission Bay purchased from tech giant Salesforce.com.

“We thought, because people at the top of this city’s government told us so, they would prevail,” Agnos said of Mayor Ed Lee and others championing the waterfront arena. “They didn’t.”

Agnos and his allies say it was the prospect of voters having to sign off on a proposal that was hatched behind closed doors that caused the Warriors to choose a more appropriate location.

“We helped them go to a different place where we now support what they’re doing — because it makes more sense for this city, and for our bay, as well as our waterfront. That’s what the issue is,” Agnos told us. “The spin doctors had their ass handed to ’em … had their ass handed to ’em, by a low-income group of allies, over their $20,000–$30,000, gold-plated contracts per month. And so now, they understand.”

They understand that the waterfront of San Francisco is a battleground and the people are willing to fight to ensure the public interest trumps private profits.

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A rendering of proposed development at Pier 70, envisioning tech offices and housing.

PRECIOUS PARCELS

A historic map hanging in a corridor at the Port of San Francisco building, in a rehabbed terminal at Pier 1 along The Embarcadero, traces the original curve of a coastline that once separated the city from San Francisco Bay.

The existing waterfront juts out considerably from where its natural edge once fell, and today’s urban landscape features a mix of entire neighborhoods, tall buildings, parks, restaurants, merchant corridors, and transport terminals, all perched atop fill covered by layers of concrete.

Its shipping days long gone, much of San Francisco’s human-constructed waterfront now serves as a draw for visitors, the iconic subject of countless tourist photographs. But at other locations along the shoreline, vacant waterfront parcels are hotly contested land-use battlefronts.

“We’re clearly in a period of significant controversy,” the Port’s Special Project Manager Brad Benson told us. The Warriors Arena, Benson said, had been an opportunity for the Port to rehabilitate and generate revenue from Piers 30-32, which originated as two finger piers constructed in 1912, joined by a concrete slab in the 1950s.

Despite being in control of some of the most valuable real estate along the West Coast, the Port of San Francisco remains in a perpetual financial pinch, due to its need to fix up crumbling piers and aging infrastructure. The Port is governed by a Waterfront Land Use Plan, outlining possible uses for each parcel, and it also conducted a survey to identify properties that could be developed to help generate revenue.

“The Port has a big capital need,” Benson said, noting that many of the “piers and buildings were beyond their useful life when they were transferred to the city” from the state in 1968. Facing nearly $2 billion in capital needs, the Port’s modus operandi is to seek out private developers to partner with on development projects for parcels under its ownership, in order to secure funding that would go toward backlogged improvements.

That didn’t happen with the Warriors, however — the sports team approached the city out of the blue, and the project quickly won the fervent backing of Mayor Lee, who has appointment power over the five-member commission that governs the Port. At one point, Lee even claimed that this flashy sports arena would be his “legacy project.”

To longtime grassroots activists who are deeply involved in how land-use decisions are made on valuable waterfront parcels, it looked to be yet another example of what Prop. B supporter Jennifer Clary called “kneejerk development” — out of sync with carefully thought out shoreline planning efforts.

“The Port gets jerked around by every mayor,” said Clary, president of San Francisco Tomorrow, part of the coalition backing Prop. B. “Every mayor comes up with some stupid project.” She ticked off a list of failed waterfront developments (such as Mills Mall, proposed for Piers 27-31; and a 50-story U.S. Steel Building that would have towered over the Ferry Building), only to have them voted down or halted by grassroots neighborhood activists who viewed them as inappropriate designs fueled by greed and greased by political connections.

Behind the objection to Prop. B, Clary added, “is that the mayor will have to think a little more” before backing projects of this nature.

Whether opponents of the Warriors Arena plan looked at it and saw a traffic nightmare, an inappropriate use of public land, or a bad financial deal for a city needing to contend with ever-growing pressures on its critical infrastructure, members of the coalition that’s backing Prop. B feared the public would have little sway when it came to the final decision-making. A bid to restore that balance, by arming voters with veto power under the law, was the impetus behind Prop. B.

City Hall has ignored the will of regular folks who collectively own Port land along the shoreline, said Agnos, campaign consultant Jon Golinger, and Prop. B proponent and Sierra Club volunteer Becky Evans — listening only to the Mayor’s Office and deep-pocketed developers who stand to make millions by building on extremely valuable land that’s held in the public trust under California law.

“The people are putting the developers in touch with the values of this city, and what we want in this city,” Agnos said, thumping his index finger on the table to emphasize the point. “Prop. B puts people in the room who have not been there, and now [developers] have to pay attention.”

The task of developing Piers 30-32 would have required expensive substructure modification, requiring the involvement of bureaucratic agencies such as the US Army Corps of Engineers, the Bay Conservation Development Commission, and the State Lands Commission. The Warriors estimated that it would invest $120 million in improvements such as seismic upgrades and an elevation grade to deal with the looming problem of sea-level rise, but the threat of having to win voter approval represented yet another hoop to jump through. So when a new option opened up offering greater certainty, the Warriors pulled the plug on Piers 30-32.

Even though Lee’s “legacy project,” the main physical target of Prop. B, is no longer a factor in the June election, backers of the initiative say the measure is still important to restore democratic balance in a development process that freezes out ordinary citizens. Opponents, meanwhile, say the initiative threatens to undermine a complex planning process that engages the public and needn’t be tampered with.

 

IN THE PIPELINE

Prop. B would prohibit city officials from approving taller buildings than are currently allowed under zoning for Port-owned waterfront parcels, unless voters give those height increases a green light at the ballot box.

Since many of the properties in question are already built out, or preserved by historic landmark designation, Prop. B would impact only a handful of waterfront lots that remain in play as potential sites for new development. Among them are Piers 30-32 and Seawall Lot 351, the site of the 8 Washington luxury condo tower that the electorate flushed down the tubes in a decisive ballot referendum vote last fall, despite Board of Supervisors’ approval.

The same group that opposed 8 Washington launched Prop. B. Last year’s ballot referendum — also named Prop. B, and buoyed by the campaign slogan No Wall on the Waterfront — asked voters whether they favored increasing building heights above the zoning limit at the waterfront site where the luxury condo project would have gone.

San Francisco voters, in no mood to support a high rise for the superrich at a time when anger over skyrocketing rents was bubbling over and droves of low-income residents were being edged out by eviction, shot it down. Many political observers took the outcome as a signal that City Hall politicians are out of touch with voters.

Simon Snellgrove, the developer of the failed 8 Washington project, is reportedly working on a new building design. But since any new plans for 8 Washington are embryonic at best, and the fate of Piers 30-32 is anyone’s guess, the Prop. B ballot measure has immediate implications for two waterfront developments in particular.

One, on and around Pier 48, is being pushed by the San Francisco Giants. The other lies farther south, at Pier 70, a sprawling strip of waterfront that runs behind Illinois Street, from The Ramp restaurant at Mariposa to the old Potrero Power Plant.

giantsdev

The Giants’ planned development would be a short distance from AT&T Park. 

During World War II, some 18,500 workers built ships at Pier 70 for the war effort, in brick and metal warehouses that still stand vacant and dilapidated. The site also housed a coal-fired power plant that was later converted to natural gas, leaving behind toxic residue that is up to Pacific Gas and Electric Co. to remediate. Farther north along Pier 70, BAE Systems conducts ship repair, a task that has been performed at the site since 1868.

Today, a 28-acre parcel of Pier 70 that is proposed for development by Forest City is home to nothing more than pigeons, feral cats, and the occasional hawk that swoops into a cavernous metal-roofed structure that stands near the waterfront and dates back to 1941, barely visible from the street. Someday in the not-so-distant future, developers imagine it will be populated with tech office workers (Google is used as an example of an anchor tenant in slides presented to the city), makers and small vendors, and thousands of residents who would call the place home.

The site is zoned with a 40-foot height limit, but developers are considering plans with a range of building heights that would be on a similar scale to Mission Bay. Part of the improvements to the property will require raising the elevation grade to deal with sea-level rise. Forest City has planned for a minimum of around 1,000 residential units — the majority market-rate, but with a mix of affordable housing as well.

Representatives from Forest City said that if Prop. B passes, “We’ll be prepared to seek voter approval with a dynamic project guided by … a community-based master plan,” and had not taken an official stance on the ballot measure. If voters were to reject an increase of the 40-foot height limit at the site, which is zoned for heavy industry, the project would no longer be financially feasible.

 

GIANT TOWER SCRUTINIZED

At Seawall Lot 337, a parcel near the Giants’ stadium which is primarily used as a parking lot during baseball games, the team is backing a project that would include 3.5 million square feet of new residential, office, and retail development, possibly including a 380-foot tower. Across the way at Pier 48 would be a new Anchor Steam brewery, and about five acres of open space.

The Giants plan resulted from the Port’s request for potential development partners to submit bids for that property, which went out in 2007.

“They very quietly have been pushing a plan that Prop. B made public,” Golinger said of the Giants’ plans. “They screamed at everyone involved in our coalition during the signature drive to get us to drop it. They funded a lawsuit … to get it kicked off the ballot.”

The Guardian independently confirmed that the team is part of the group that has challenged Prop. B in court. That legal challenge was unsuccessful in getting the initiative struck from the June ballot, but a judge could take up the question again if Prop. B is approved.

The parcel where the Giants have pitched a rental housing, office, and retail complex with a maximum height limit of 380 feet is zoned with a height limit of zero, zoned for open space in city plans. Nevertheless, “The [Port’s request for qualifications] called for developing up to 300 feet,” Benson explained, calling the current zoning “a remnant of the old Mission Bay plan,” which envisioned a park with wetlands and open space. The Port’s request for proposals went out after a subcommittee was formed, and public hearings were held on the design plans.

Asked why the Port would bake such a tall height limit into its RFQ, Benson responded, “There was a desire to avoid replicating the heights at Mission Bay,” the nearby redevelopment area characterized by lower, boxy buildings that seem to be universally regarded as ugly and lacking charm.

Few people are as intimately familiar with Mission Bay as Corinne Woods, whose houseboat is enveloped on either side by the sprawling development. When Woods first claimed a berth at Mission Creek for her floating home in 1985, “it was surrounded by open empty fields, abandoned warehouses, and lots of fennel,” she said. “We had wonderful parties.”

Outside her dock just off Channel Street is a community garden, a strip of green space shaded by willow and eucalyptus trees where night herons take refuge. Just beyond that is the Mission Bay South redevelopment area, a sprawling construction site that’s ushered in building cranes, swirling dust, pile drivers, and more recently, a five-alarm blaze that required the entire Fire Department to extinguish.

The fledgling neighborhood that now occupies the already-built part of Mission Bay might as well have dropped out of the sky, and the building profiles are wide and flat. “I would rather see slim, articulated towers, with more open space,” Woods admitted.

In the years between 1985 and today, Woods has fought the Port on behalf of her live-aboard community to be allowed to remain floating in place, becoming an unlikely expert on the byzantine process of waterfront planning along the way.

As a key member of half-dozen or so community advisory groups formed to weigh in on major waterfront developments, Woods has ardent faith in the civic engagement aspect of the planning process. She fears Prop. B could upset years of careful neighborhood negotiations by limiting the discussion to nothing more than a conversation about height limits.

houseboat

Corinne Woods opposes Prop. B.

Woods is a plaintiff in the lawsuit the Giants are funding to challenge Prop. B, aligned with developer-friendly housing activist Tim Colen and building trades head Michael Theriault on the side that opposes Prop. B. But despite the millions of dollars that are on the line, Woods insists she has no dog in this fight. “I can’t even get free tickets to Giants games,” she said.

She does hope for the five-acre park that the Giants plan would install as part of the Seawall 337 / Pier 48 plan, a short walk from her houseboat. But she says her opposition to Prop. B is rooted in her experience of a traditional planning process that rewards neighbors who have the patience to sit through hours of grueling advisory group meetings with negotiating power vis-à-vis developers. Asked directly what the problem is with letting voters weigh in, Woods responded, “Because they don’t know what the fuck they’re talking about!”

But that leave-it-to-the-experts attitude is just the thing that Prop. B’s backers say is dangerous for waterfront planning, since it places final decision-making in the hands of profit-seeking real estate interests, a public agency in dire need of funding, and a mayor with political ties to developers.

 

THE HOUSING QUESTION

Given that the thrust of Prop. B is to democratize the planning process, few are in a hurry to align themselves with the formal No on B campaign — most of the opposition money seems to have been funneled into the Giants’ lawsuit, even though the Giants have officially taken a neutral stance on Prop. B. However, the message from opponents of Prop. B is that the initiative would kill sorely needed housing.

The Port of San Francisco, which is legally barred from taking a position on the initiative, reported in a February analysis to the Department of Elections that it could have the effect of leaving between 1,990 and 3,690 new housing units “delayed, reduced, or abandoned,” including between 268 and 596 affordable units. Those figures are based on early project proposals brought by the Warriors, the Giants, and Forest City, assuming those planning proposals would be “delayed by a need for a vote, or rejected by the voters” under a Prop. B regime.

A nonbinding Giants term sheet notes that the team would build rental housing, 15-20 percent of those units affordable, while Forest City’s Pier 70 proposal includes 1,000 new housing units with on-site affordable that would exceed the 12 percent required under city law.

Targeting housing “is a scary message,” campaign consultant Golinger said, charging the opposition with preying on voters’ fears to encourage people to vote down a measure that would democratize waterfront planning.

“This myth that we’re trying to stop housing is just that,” Agnos chimed in. “It’s just a political ploy by those who want to build high-end, high-rise, luxury condos — a la 8 Washington, a la Giants — on public property.”

The housing question is key. At a time when so many people are facing eviction or being priced out, the refrain that building more housing is the only solution to relieve pressure is oft-repeated, particularly by developers. However, these projects would introduce far more market-rate units than affordable projects, plopping down well-to-do neighborhoods in spaces that have sat on the margins in recent history, further changing the social character of the city. And proponents of Prop. B question whether the waterfront is really the right place to add new affordable units.

Meanwhile, the affordable housing community seems to be aligned in its support of Prop. B. The San Francisco Tenants Union, the Affordable Housing Alliance, the AIDS Housing Alliance of San Francisco, and other organizations that have aligned to push for stronger tenants’ rights and promote affordable housing have all endorsed the measure.

WHO DECIDES?

Given the popularity of a measure that fundamentally seeks to democratize the planning process, all development teams with skin in the game have declined to take a position on the measure. So have Mayor Lee and Board of Supervisors President David Chiu, who each played significant roles in recent waterfront battles, with Lee championing the Warriors Arena and Chiu opposing 8 Washington and assisting with the signature-gathering effort to stop it.

Sup. David Campos, in contrast with Chiu and Lee, has taken a stance on Prop. B. In a recent interview, he outlined his reasons for supporting it.

“I think that something has happened in City Hall, where I think the approval process is such that it has led to certain projects being approved that don’t really reflect the reality of what this city needs, and that have truly left the public out of the process in a meaningful way,” Campos told us. “And 8 Washington passed 8-3 at the Board of Supervisors, with a supermajority. The fact that the voters overwhelmingly rejected that project tells you that there has been a disconnect between what the board and folks in City Hall are doing, and where the public actually is.” To correct that imbalance and allow more San Franciscans to shape the city’s waterfront, Campos said, “I think it’s appropriate for us to go to the ballot and let the voters decide.”

Lawsuits target Airbnb rentals

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LAWSUITS TARGET AIRBNB RENTALS

The San Francisco City Attorney’s Office last week filed a pair of lawsuits against local landlords who illegally rent out apartments on a short-term basis, units that had been cleared of tenants using the Ellis Act. Meanwhile, the San Francisco Tenants Unions has hired attorney Joseph Tobener to file more such lawsuits, and he is preparing to file at least seven lawsuits involving 20 units.

The lawsuits are the latest actions in a fast-moving crackdown on Airbnb and other online companies that facilitate short-term apartment rentals that violate city laws against converting apartments into de facto hotel rooms, including VRBO.com and Homeaway.com.

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere (see “Into thin air,” 6/6/13).

As we’ve reported, City Attorney Dennis Herrera has been working with tenant groups and others on a legal action aimed at curtailing the growing practice of landlords using online rental services to skirt rent control laws and other tenant protection, removing units from the permanent housing market while still renting them out at a profit.

“In the midst of a housing crisis of historic proportions, illegal short-term rental conversions of our scarce residential housing stock risks becoming a major contributing factor,” Herrera said in a public statement. “The cases I’ve filed today target two egregious offenders. These defendants didn’t just flout state and local law to conduct their illegal businesses, they evicted disabled tenants in order to do so. Today’s cases are the first among several housing-related matters under investigation by my office, and we intend to crack down hard on unlawful conduct that’s exacerbating—and in many cases profiting from—San Francisco’s alarming lack of affordable housing.”

Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market. “The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.” (Steven T. Jones)

 

SF LOOKS TO MARIN FOR RENEWABLES

Just in time for Earth Day, a renewed effort to reduce the city’s carbon emissions was introduced at the April 22 Board of Supervisors yesterday. Sup. John Avalos introduced a resolution calling for a study of San Francisco joining Marin Clean Energy, which provides renewable energy to that county’s residents.

The move is seen largely as an effort to circumvent Mayor Ed Lee’s opposition to implementing a controversial renewable energy plan called CleanPowerSF (see “Revisionist future,” April 15).

“Mayor Lee and the Public Utilities Commission objected to CleanPowerSF, but they have offered no other solution to provide San Franciscans with 100 percent renewable electricity,” Avalos said in a public statement. “With this ordinance, we can either join Marin or we can implement our own program, but we can no longer afford to do nothing.”

The resolution is the latest effort in the long saga to implement CleanPowerSF, San Francisco’s proposed renewable energy alternative to PG&E, whose current energy mix is only 19 percent renewable. Much of PG&E’s current mix is dirty and directly contributes to half of San Francisco’s carbon footprint, according to the city’s own recent Climate Action Strategy.

Joining Marin under a Joint Powers Authority would provide a vehicle for San Francisco to enact CleanPowerSF’s goals, long blocked by the mayor. San Francisco’s renewable energy effort may have lingered in legal limbo for years, but Marin made the switch to renewables in 2010.

“It’s something people want, and it also reduces greenhouse gas emissions,” Marin Clean Energy Executive Officer Dawn Weisz told the Guardian. Much of Northern California, she noted, has little choice but to use PG&E for their electricity.

“The people never chose to have a monopoly in place,” she said. “People like having choices.” (Joe Fitzgerald Rodriguez)

BEACH FIRES CONTAINED

The National Parks Service is once again moving to limit and maybe even ban fires on Ocean Beach, replaying an episode from 2007 that was temporarily solved by volunteers and artistic new fire rings placed by the group Burners Without Borders, despite a lack of follow-through by NPS’s Golden Gate National Recreation Area.

Citing complaints about burning toxic materials, leaving messes, and people drinking on the beach (gasp!), the GGNRA this week announced a summer pilot program that would include moving the curfew up from 10pm to 9pm, installing a dozen new fire rings, and improved public outreach and monitoring of the conditions on the beach.

“We [have] over the years seen a rising problem over safety and general breaking of park rules like broken bottles. And with incidents of assault and underage drinking, mostly occurring during the night, GGNRA Area Director Howard Levitt told the Guardian.

But Tom Price, who helped create the 2007 compromise, said GGNRA never kept its end of the bargain — such as installing more rings to supplement the half-dozen created by artists, or creating visible signage so visitors would know what the rules area — and now it’s acting in a rapid, unilateral, and unreasonable way to ban beach fires.

“They never did the outreach or education or put out more fire rings,” Price said, urging people to let GGNRA know they support allowing fires on Ocean Beach, one of just two spots within GGNRA jurisdiction where they’re allowed (Muir Beach is the other). “The Parks Service has to be reasonable, and banning fires after 9pm in not reasonable.” (Steven T. Jones and Bryan Augustus)

TAX WEALTH, PIKETTY SAYS

French economist Thomas Piketty got a warm welcome in San Francisco last week when nearly 200 people turned out to hear him discuss what is fast-becoming the defining book of this new Gilded Era of escalating disparities in wealth: Capital in the 21st Century.

“The book has been so popular that Harvard University Press has run out,” The Green Arcade owner Patrick Marks said in introducing Piketty at a the April 22 event held across Market Street from the bookstore, in the McRoskey Mattress Company, in order to accommodate the large crowd.

Indeed, Capital has recently been lauded by a string of influential publications, ranging from The Nation through The New York Times to the Wall Street Journal, all acknowledging this as perhaps the most exhaustive study on wealth data ever collected — and a clear-eyed warning that capitalism isn’t the self-correcting system that its biggest boosters claim it is.

Piketty’s work shows how when the return on capital is greater than the annual growth rate of the overall economy, which is usually the case (except when interrupted temporarily by the major wars of the 20th Century, or the 90 percent tax rate on the highest US incomes after World War II), that dynamic consolidates wealth in ever-fewer hands, which is bad for the health of the economic system. The only real cure, Piketty concludes, is a progressive global tax on wealth. Yet Piketty tries to avoid being too prescriptive, choosing to let his research speak for itself. “All I’m trying to do is present this book so everyone can make up his own mind,” Piketty told the gathering. In fact, he thinks the cure he outlines at the end of his book is less important than what comes before it: “You can disagree with everything in Part IV and still find interest in Parts I, II, and III.” (Steven T. Jones)

Guardian endorsements

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

 

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

 

GOVERNOR: JERRY BROWN

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

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

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

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

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

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

 

SECRETARY OF STATE: DEREK CRESSMAN

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

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

 

CONTROLLER: BETTY YEE

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

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

 

TREASURER: JOHN CHIANG

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

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

 

ATTORNEY GENERAL: KAMALA HARRIS

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

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

 

INSURANCE COMMISSIONER: DAVE JONES

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

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

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

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

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

 

BOARD OF EQUALIZATION: FIONA MA

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

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

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

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

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

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

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

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

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

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

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

 

ASSEMBLY, DISTRICT 19: PHIL TING

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

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

 

PROPOSITION 41: YES

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

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

 

PROPOSITION 42: YES

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

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

 

SF’S PROPOSITION A: YES

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

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

 

SF’S PROPOSITION B: YES

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

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

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

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

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

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

 

CONGRESS, DISTRICT 12: NANCY PELOSI

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

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

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

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

 

CONGRESS, DISTRICT 13: BARBARA LEE

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

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

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

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

Will San Francisco Game of Thrones oust police commissioner?

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Police Commissioner Angela Chan did not pay fealty to the proper lords and houses, sources say, and in a true to life Game of Thrones, she may now lose her office. The throne in question is a seat on the Police Commission, which Chan may be reappointed to by the Board of Supervisors today [Tues/29], but her chances don’t look good. 

In a political tussle reminiscent of House Lannister’s schemes against House Stark, political machines far larger than the idealistic Chan are churning to keep her from regaining her political office. The forces of Chinatown community leader Rose Pak and her fellow power brokers are backing potential replacement police commissioner Victor Hwang, whose sudden candidacy took many off guard. 

As first reported by Tim Redmond of 48hills.org, Pak’s political pushers dialed every supervisor and marshalled their armies, hellbent on unseating Chan. 

They may win, but not because Chan was a bad commissioner. Actually, the problem might be that she was too effective, and now people in power want her out.

Expanding the mayor’s power

In a Rules Committee meeting Apr. 17, backers of both candidates wore their house sigils, green or white buttons meant to support their chosen candidate, both of whom are seemingly very qualified.

On the one side, Hwang is an ex-assistant district attorney, ex-public defender, ex-nonprofit attorney, and advocate with over 20 years of experience holding police to task for their wrongdoing. He’s fought human trafficking and litigated against out-of-control cops. 

But the incumbent, Chan, an attorney with the Asian Law Caucus, has many similar qualifications. She also has a proven track record on the Police Commission: she crafted the Crisis Intervention Team, tasked with de-escalating standoffs with mentally ill offenders; advocated language access in the police force; helped to revise rules protecting children at school facing arrest; and opposed arming police with tasers.

Both candidates have an extensive list of backers. District Attorney staffers, the Anti-Defamation League, advocates from the Chinatown Development Center, and Randy Shaw of the Tenderloin Housing Clinic all wrote to supervisors backing Hwang. The Guardian even named him a “local hero” in our Best of the Bay issue in 2004.

But the Coalition on Homelessness, San Francisco Women’s Political Committee, members of the Central Americans Resource Center, Board of Education President Sandra Fewer, the local NAACP, and even a retired police officer all backed Chan. The Guardian also named her a local hero, in 2010. 

A change.org petition calling for her reappointment to the commission has 255 signatures, as of this writing. 

Chan hasn’t yet given up the ghost.

“I’m hoping the full board will recognize I work extremely hard,” she told the Guardian. “I look after the community, especially those who are most marginalized.”

Though many issues have political bents and political sides, one aspect of this tussle reveals the power play behind the curtain: the two candidates are competing for one empty seat on the commission, when there are actually two seats vacant.

Why fight over just one seat? 

The answer lies in political motivations insiders would only outline for reporters on background. You see, in a city where many commissions (see: SFMTA) are fully appointed by the Mayor’s Office, and therefore beholden to his whims, the Police Commission has a mechanism to dilute that power — a minority of seats are appointed by the Board of Supervisors. The seat Chan and Hwang are fighting for is the supervisor appointed seat, and for now the mayor’s seat sits empty and uncontested.

Hwang was co-chair of Progress for All, which ran the Run, Ed, Run campaign for Lee’s mayoral candidacy. If the question was really just about making Hwang a commissioner, the mayor could appoint him today with a snap of his fingers. But that’s not the point.

Many insiders, including ones that seemingly support Hwang, told the Guardian that Mayor Ed Lee has plenty of reason to usher Chan out and appoint Hwang in her place. The SFPD long pushed for tasers but found a formidable opponent in Chan, and the mayor would benefit from police support next election, they said. Others said her combative style ruffled people’s feathers, a seemingly legitimate complaint until you consider more cooperative boards like the San Francisco Municipal Transportation Agency define “cooperative” by mostly voting in unison and with little discussion, coincidentally also often in agreement with the mayor’s positions.

Angela Chan asks an SFPD station captain if officers use verbal means to de-escalate situations. 

That’s why Chan is dangerous; she’s a freethinker, and a loud one at that. By pushing the supervisors to appoint Hwang, we were told, the mayor would unseat a potential political liability, and net a freebie commission seat appointment in the deal. 

Win-win.

This isn’t to say Hwang is a bad guy. He longs for public service (nicknaming his practice the Ronin Law Firm), and expressed disappointment in political power struggles beyond his control.

“For me it’s not about Angela, it’s about the police commission,” he told the Guardian. “To give Angela credit, I think the work she’s done on Crisis Intervention Team and language access are important issues.”

And for his part, he said that though many political entities aligned with political powerbroker Rose Pak are pushing for his appointment, he wouldn’t be beholden to her, or them.

“Are Chinatown issues important to me? Yes, they’re very important to me,” he said. “Am I going to answer to one or two folks just because of whoever they are? No. That would be putting my own 20 years of work aside to kowtow to one particular person over anyone else.”

Hwang told us Supervisor Eric Mar is asking the mayor to appoint him to the second vacant police commission seat, but if that effort isn’t successful Chan and Hwang will go head to head.

So the supervisors have a tough choice ahead of them, but for some, the decision is tougher than others.

Conflict of interest

Some of the supervisors have votes that are fair to guess at. Long time progressives like Sups. Mar, John Avalos, and David Campos are ideologically aligned with Chan, and have reason to vote in her favor. 

Chan needs six votes to be re-appointed to the commission, and some of those votes are up in the air.

Sups. Norman Yee, and Katy Tang voted to approve Chan in the Rules Committee, the first round before today’s Board of Supervisors vote. But that’s no guarantee they’ll vote for her again. 

Sup. Jane Kim has an odd conflict of interest. Ivy Lee, an attorney and one of Kim’s staffers, is Hwang’s romantic partner. The couple has three children together. He dedicated a brief he wrote for the Asian American Law Journal, “to my incredible partner Ivy Lee, who gave birth to our second son Kaiden, as I was writing the brief at the hospital.”

Is that conflict of interest grounds for Kim to recuse herself from the vote? Is it proper for her to vote to appoint her staffer’s partner to a political position? We reached out to Kim’s office but did not hear back from her before going to press. 

Board of Supervisors President David Chiu’s vote is also an open question. 

Chiu worked with Chan in 2011 to fight against the federal Secure Communities program, which as we then reported, was a database allowing the feds to circumvent local policies protecting local immigrants who have been arrested but not convicted of any crimes and deport them.

They were partners in the struggle for human rights. So will Chiu back his former ally, Chan, in her re-appointment?

We called, texted, and harangued Chiu to call us back, but did not hear from him before press time. To be fair, he’s running for the Assembly and was likely between one of his dozens of necessary appearances. He did have an aide call us back, but he was unable to give us a hint at which direction Chiu may vote in. 

Complicating his choice is a mix of allegiances. With so many former and current allies on both sides, Chiu will make someone angry no matter which potential police commissioner he votes for, insiders told us. 

And Chiu’s vote may be the deciding one. With real reform of the SFPD on the line, the stakes are higher than the fictional Game of Thrones.

Ultimately, Chiu will have to vote his conscience. 

Correction 3:28pm: The article earlier identified Ivy Lee as married to Victor Hwang. In actuality, Hwang and Lee are romantic partners who decided not to marry in direct protest of the LGBT community being denied the right to marry.

Update 6:50pm: The vote was cast, and Victor Hwang was appointed to the Police Commission in place of Angela Chan. Read our full story.

New coalition opposes Chiu’s Airbnb legislation UPDATED

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An unlikely coalition has formed to oppose legislation sponsored by Board of Supervisors President David Chiu that would legalize and regulate short-term apartment rentals facilitated by Airbnb and other online companies, which are now illegal in San Francisco.

[UPDATE: Some of those same opponents are also now threatening to place a rival measure on the fall ballot, the San Francisco Chronicle just reported. It reportedly shares some aspects with the Chiu legislation, such as a registration system, but it limits rentals to only commercial areas and includes rewards for those who turn in violators to the authorities].

The coalition includes landlord and tenant activists, as well as organized labor and neighborhood groups. It will square off against Airbnb and its hosts, which have pledged to lobby against limits created by the Chiu legislation — all of which could elevate this to the biggest fight of the summer at City Hall. Tomorrow [Tues/28], the coalition of opponents will rally outside City Hall at 10am, while Airbnb supporter will hold a “Speak Up for Home Sharing” rally at 12:30pm.

As we’ve been reporting, it took Chiu more than a year of negotiations with Airbnb, the San Francisco Tenants Union, affected city agencies, and other interested parties to arrive at legislation that requires hosts to register with the city, finally pay the city’s transient occupany tax, and limits stays to 90 nights per year.

But after more than two years of Airbnb’s defying city law and refusing to pay its taxes — scofflaw behavior tacitly supported by Mayor Ed Lee, who share a financial benefactor for the company in venture capitalist Ron Conway — several city constituencies pledged to oppose legislation that would now legalize its activities.

In particular, some longtime affordable housing and neighborhood activists say the legislation irresponsibly legalizes the conversion of residential apartments into tourist hotels throughout the city, creating neighborhood safety concerns and overturning decades of work to protect rent-controlled housing.

Meanwhile, Chiu’s opponent in the race for the Assembly District 17, David Campos, has been highlighting lobbying reports showing 61 contacts between representatives of Airbnb — including formers City Hall insiders David Owen and Alex Tourk — and Chiu’s office.

“Do you think tenant and neighborhood groups met with David Chiu 61 times?” Campos said during his endorsement interview with the Guardian last week, accusing Chiu of letting Airbnb write its own regulations without regard to neighborhood concerns.

Chiu didn’t immediately return our phone calls, but we’ll update this post if and when we hear back. [UPDATE: Chiu legislative aide Judson True just called and disputed how the legislation is being characterized by its opponents and rejecting calls to withdraw the legislation: “Everyone is entitled to a position on Sup. Chiu’s legislation, but we would hope they would engage in the legislative process and not just toss hand grenades. This is a serious policy issue that requires thoughtful dialogue and to simply call for the withdrawal of the legislation is irresponsible.”

True also said the legislation only legalized short term rentals “under very narrow circumstance and that legalization allows enforcement against the most egregious actors.” He also noted how Chiu has consistently opposed converting apartments to tourist uses and called for Airbnb to pay its taxes, calling the legislation a difficult balancing act: “We know that Airbnb has issues with the legislation. They didn’t write the legislation, period.”]

In the meantime, here’s the full text of the press release issued today by the new coalition, which will be holding a press conference at 10am tomorrow on the steps of City Hall:    

For Immediate Release: 
Monday, April 28, 2014

NEWS RELEASE

SAN FRANCISCO CITYWIDE COALITION SAYS NO 
TO PROPOSED CHIU LEGISLATION

Board of Supervisors trying to convert residential housing to 
short-term rentals

Press conference Tuesday April 29, 2014 Steps of City Hall at 10:00 am

San Francisco — Organizations representing usually divergent interests ranging from tenants to landlords, and from hotel workers to the hospitality industry have joined forces with neighborhood and homeowner associations to oppose legislation introduced by Supervisor David Chiu to legalize the short term rentals of residential property throughout San Francisco.

“In the face of an unprecedented housing crisis, Supervisor Chiu’s legislation to legalize the short term rentals of residential property will only exacerbate the housing crisis. This practice is detrimental to our rent-controlled housing stock”, said Janan New, Executive Director of the San Francisco Apartment Association.

“Our studies have shown that with over 10,000 units of housing being rented out over Airbnb, HomeAway and other websites this practice is having a negative impact on hotel workers and San Francisco’s hospitality industry”, said Mike Casey, President of UNITE HERE Local 2.

“The proposed legislation would rezone the entire city from residential zoning to commercial zoning in one fell swoop. We hear complaints from almost every neighborhood about the detrimental effects of short term rentals on the quality of life of tenants and residents”, said John Bardis, former President of the Coalition for San Francisco Neighborhoods and former San Francisco Supervisor.

“Supervisors Chiu’s legislation would repeal hard won controls on Single Resident Occupancy housing, threatens current affordable housing provisions for over 30,000 permanently affordable units, would transform newly approved “in-law units” into high priced motel rooms and make “below market rate” units lifetime luxury hotels. It is the single biggest threat to affordable housing ever proposed by a San Francisco Supervisor” stated longtime affordable housing advocate Calvin Welch.

“Airbnb and other hosting platforms owe the City millions of dollars in unpaid hotel taxes. It is high time that the City collect these taxes which pay for the arts and vital city services and programs. The proposed legislation does not clearly hold Airbnb and similar organizations responsible for collecting and remitting the hotel tax”, said former Supervisor Aaron Peskin.

All of these organizations are calling for Supervisor Chiu to withdraw his legislation at a press conference on Tuesday April 29 on the steps of City Hall at 10:00 am.

SF may go through Marin County to bypass CleanPowerSF subversion

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Just in time for Earth Day, a renewed effort to reduce the city’s carbon emissions was introduced at the Board of Supervisors yesterday [Tues/22]. Sup. John Avalos introduced a resolution calling for a study of San Francisco joining Marin Clean Energy, which provides renewable energy to that county’s residents.

The move is seen largely as an effort to circumvent Mayor Ed Lee’s opposition to implementing a controversial renewable energy plan called CleanPowerSF.

“Mayor Lee and the Public Utilities Commission objected to CleanPowerSF, but they have offered no other solution to provide San Franciscans with 100 percent renewable electricity,” Avalos said in a public statement. “With this ordinance, we can either join Marin or we can implement our own program, but we can no longer afford to do nothing.”

The resolution is the latest effort in the long saga to implement CleanPowerSF, San Francisco’s proposed renewable energy alternative to PG&E, whose current energy mix is only 19 percent renewable. Much of PG&E’s current mix is dirty and directly contributes to half of San Francisco’s carbon footprint, according to the city’s own recent Climate Action Strategy.

Joining Marin under a Joint Powers Authority would provide a vehicle for San Francisco to enact CleanPowerSF’s goals, long blocked by the mayor. San Francisco’s renewable energy effort may have lingered in legal limbo for years, but Marin made the switch to renewables in 2010.

“It’s something people want, and it also reduces greenhouse gas emissions,” Marin Clean Energy Executive Officer Dawn Weisz told the Guardian. Much of Northern California, she noted, has little choice but to use PG&E for their electricity.

“The people never chose to have a monopoly in place,” she said. “People like having choices.”

Marin chose to switch to renewable energy in 2010, and MCE offers two energy mix options: A 100 percent renewable energy option, and a less expensive 50 percent renewable option. MCE officials told the Guardian they have a 75 percent customer adoption rate, meaning most of Marin County is running on clean, renewable energy.

Using an energy bill calculator on MCE’s website, the average homeowner pays about $80 a month for their renewable energy in the summer, just $2 more than their dirty PG&E power. The program has been so successful for MCE’s approximately 125,000 customers that other cities have joined with Marin under what is called a Joint Powers Authority, allowing those cities to access MCE’s grid.

The City of Richmond joined into a Joint Powers Authority with Marin County in 2012, and Napa County also expressed interest in providing renewable energy through MCE.  That large adoption rate may be what has PG&E running scared.

“We faced very strong opposition from the incumbent utility during our launch,” Weisz told the Guardian, referring to PG&E. “Fortunately, we have a much better relationship with them now, and they serve as a good partner.”

The renewable energy is distributed along PG&E’s existing infrastructure, so the utility still has a role to play in providing electricity to Marin. But the utility certainly has worries when it comes to generating electricity, as Marin is building new sources of renewable energy up and down California.

“We have 24 different power supply contracts,” Weisz told us. This includes new solar facilities in San Rafael and the Central Valley, and renewable energy sources in Roseville and and Placer County.

Though other cities have signed on to receive energy through Marin County’s MCE program, San Francisco joining would be another ballgame entirely, Weisz said.

MCE has a policy of incremental expansion, she told us, and defines potential affiliate cities and counties as having fewer than 30,000 customers who are less than 30 miles away. Though San Francisco is a stone’s throw from Marin County, the potential customer base is huge: San Francisco has a population of over 800,000 people.

“It would require some analysis,” Wisz said dryly.

MCE’s analysis to include Napa County in its energy mix took 60 days, she said. Notably, San Francisco may produce its own power and use its own mix, and simply use MCE’s billing setup. Basically, San Francisco would provide energy through CleanPowerSF, but MCE would be a contractor that administers San Francisco’s program.

But joining into Marin’s renewable energy program has more hurdles than just figuring out the mix. Clean Power SF is a Community Choice Aggregation program, defined by state law as exactly that — part of the community. Jumping over to Marin may create a legal mess for San Francisco, but there is hope.

Assembly Bill 2159, introduced by Assemblyman Tom Ammiano, would allow a county’s Board of Supervisors to approve joining a Joint Powers Authority with another municipality, in this case, allowing San Francisco to join up with Marin, while still creating its own CCA program.

The bill just cleared the Assembly Utilities and Commerce Committee yesterday, and has a ways to go.

If that sounds like a legal headache, it is. But advocates say its necessary because Mayor Ed Lee has “stacked the deck” at the San Francisco Public Utilities Commission, hiring people friendly to blocking CleanPowerSF on his behalf.

“The main purpose of passing it is to get through the mayor’s log jam,” clean power advocate Eric Brooks told the Guardian. “We want San Francisco to go faster and make more green jobs.”

And, of course, to reduce greenhouse gas emissions. Avalos’ office estimates that in the time the mayor has stalled Clean Power SF, San Francisco has generated 80 million pounds of CO2.

Politics over policy

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Joe@sfbg.com

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

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

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

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

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

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

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

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

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

 

GOOD FOR EVERYBODY

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

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

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

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

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

Paid Sunday meters also provided sorely needed funding for Muni.

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

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

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

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

That order came straight from Mayor Ed Lee.

 

POLITICAL MINDS

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

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

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

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

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

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

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

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

 

VOTING FOR THE MAYOR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SFBG Wrap, April 16-23

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BART FINED FOR WORKERS’ DEATHS

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

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

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

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

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

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

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

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

SORRY STATE OF PUBLIC HOUSING

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

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

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

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

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

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

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

SUPES OUTFOX LANDLORDS

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

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

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

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

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

POLICE TAPES BROUGHT TO LIGHT

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

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

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

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

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

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

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

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

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

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

 

Waterfront height-limit proponents praise Warriors arena move

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In another waterfront win, the Golden State Warriors have backed off their original arena site to another spot by the bay. 

Multiple news outlets are reporting the proposed Warriors arena is moving from its contentious and hotly debated waterfront location at Piers 30-32 to what is now the home of Salesforce, in Mission Bay, a move praised by opponents of height-exceeding waterfront devleopment.

The story was first reported by Joe Eskenazi of the SF Weekly, and within the hour the Chronicle and San Francisco Business Times reported the move as well. 

The Warriors’ original proposed arena site drew almost as much fire as the 8 Washington luxury condo waterfront project, which was overwhelmingly rejected by voters last November. Those against 8 Washington, and against the original Warriors site, argued that voters should have the right to weigh in on projects that exceed height limits on the waterfront.

Advocates against both waterfront projects praised the Warriors’ move.

“The Warriors have shifted to a smarter alternative because the people, not just the politicians, became involved in the process,” said former mayor Art Agnos, in a press statement. “Passing Prop. B is the next step to ensure that every other waterfront developer understands that the voice of the voters matters.”

Becky Evans, Sierra Club Bay Chapter Chair, evoked the imagery used to garner opposition to 8 Washington in her praise of the move. “We thank the Warriors,” she said, “for abandoning their wall on the waterfront.”

Yet the bid to protect the public’s views the bay doesn’t end at the Warriors’ arena

Yes on B is a June ballot initiative which would require waterfront projects exceeding height limits to seek voter approval. And importantly, the Warriors’ arena is only one of three height-limit exceeding properties currently proposed for the waterfront. Two additional projects are a large housing and retail site proposed by the San Francisco Giants at Pier 48/Seawall Lot 337 and a mixed use office, residential, and retail project by Forest City at Pier 70. 

The reasons behind the Warriors’ arena move are still as of yet unclear, and we were unable to reach Warriors spokespeople before press time. Sources close to the project however indicated the motivation behind the move is likely the obvious one: they didn’t want to deal with the headache of fighting the opposition.

Salesforce recently announced a move to the new Transbay Tower in 2017, potentially leaving their site in Mission Bay vacant. The Warriors’ arena move to the old Salesforce site represents a compromise it appears Mayor Ed Lee is happy to accept.

I couldn’t be more thrilled to welcome the Golden State Warriors back home to San Francisco with a brand-new, privately-financed arena in Mission Bay,” Lee wrote in a statement earlier today. “The new Mission Bay arena will generate new jobs and millions of dollars in new tax revenue for our City.”

Jon Golinger, Campaign Co-Chair of No Wall on the Waterfront, viewed the news as a victory.

“When the public gets involved with deciding the future of our waterfront we get better results,” he wrote in a press statement. “Passing Prop B is the only way to be sure that other crazy Port Commission schemes like the Giants’ plans to build 380 foot tall towers for luxury condos on waterfront open space, zoned for a public park, also gets the public scrutiny needed to turn them into sensible projects worthy of our unique waterfront.”

Tale of two tech titans

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San Francisco Magazine just published an intriguing interview with Salesforce CEO Marc Benioff, and Benioff’s attitude and approach to San Francisco seems to be a striking contrast to the city’s other top tech titan, venture capitalist Ron Conway, who we profiled over a year ago.

While Conway burst onto the political scene a few years ago with a pledge to destroy the progressive movement in San Francisco, sponsoring Mayor Ed Lee and his allies as the main vehicle for those ambitions, Benioff is a San Francisco native who seems to understand this city’s values and accept the responsibilities that come with great wealth and power.

“I say, if you want to be in this city and take advantage of all this great infrastructure—our mass transit, our schools, our hospitals, the safety and stability that we have—then also give back. These are the table stakes for doing business here. This is not a new idea,” Benioff told San Francisco Magazine Editor Jon Steinberg in this extended Q&A.

The news peg for the article was a new Benioff initiative in which he’s asking local tech companies to contribute $500,000 each to Tipping Point Community, which funds local community service programs, an effort that Benioff calls SF Gives.

“The first person I called was Ron Conway. I said, ‘Ron, what we’re going to do is get companies to give $500,000, and I’m going to raise $10 million, and we are going to give back to S.F. en masse with money from organizations, not just individuals.’ He said, ‘This is never gonna work. I run sf.citi [a political advocacy group for 500 local tech companies], and people won’t even pay their dues. You’re not going to raise millions of dollars,’” Benioff told the magazine.

The difference is that Conway is pushing an aggressive political agenda, seeking business tax breaks and special treatment from City Hall for the companies he’s invested in while being tone-deaf to the political backlash it’s causing in San Francisco, one that Benioff acknowledges and says the industry must address.

“Because this is not about any political agenda. It’s not. It’s about pure-play philanthropy: giving back to nonprofits and NGOs that can make a difference in S.F,” was how Benioff answered the question about why companies are more willing to donate to SF Gives than sf.citi.

As we documented in our profile of Conway, this guy is a old school conservative with a history of right-wing politics who conveniently dropped his Republican Party affiliation when he arrived in San Francisco pushing an aggressive pro-business agenda.

As we wrote in our article about an event seven years ago when Conway burst onto the scene and declared his intentions: “’This guy stood up and said that we have to take the city back from the progressives,’ [former Mayor Art] Agnos told us. ‘I barely knew who he was. I’ve been in San Francisco since 1966, and here he comes telling us what to do.;”

To understand this tale of two tech titans, contrast that approach with this comment from Benioff: “It’s a city of innovation, of flamboyance, of transformation, and during boom times, S.F. always changes and evolves. But tied into that has always been generosity: the Haas family, the Hellmans, the Fishers, the Shorensteins. During every one of these boom times, the people who benefited the most were also giving back the most. But this time around, we haven’t been able to talk about a broad philanthropic effort to couple with the growth. So this seemed like a great opportunity.”

Supervisors outfox landlords on eviction compensation measure UPDATED

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When the San Francisco Board of Supervisors gave final approval yesterday [Tues/15] to legislation that would substantially increase the payments landlords are required to give tenants they evict using the Ellis Act, the supervisors made a key change designed to counter a recent eviction push by landlords.

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

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

The legislation was originally scheduled to go into effect 120 days after passage in order to give city officials enough time to implement it. But after sponsoring Sup. David Campos heard that landlords were rushing to evict tenants before those fees went up, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. And after getting the greenlight, he amended  the measure yesterday to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He has 10 days to decide, and given that the legislation was approved by a veto-proof majority, the question is really whether the mayor will support stalling the inevitable, thus encouraging more evictions at lower levels of relocation assistance.

But Mayor Lee has publicly touted his concerns about the eviction epidemic and support for Sen. Mark Leno’s Ellis Act reform legislation, SB1439. So I’m sure Lee is warming up his pen and preparing to sign the measure as I write this, right? We’ve got a message into his office with that question and I’ll update this post when we hear back.

UPDATE 4/18: Christine Falvey, the mayor’s press secretary, just finally responded to our inquiry and said, “The Mayor is reviewing and considering this legislation. I will keep you updated.” Apparently, he doesn’t feel the same sense of urgency that supporters of the measure feel. 

UPDATE 5/6: Mayor Lee waited 10 days and then allowed the measure to become law without his signature. 

Save the world, work less

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steve@sfbg.com

Save the world, work less. That dual proposition should have universal appeal in any sane society. And those two ideas are inextricably linked by the realities of global climate change because there is a direct connection between economic activity and greenhouse gas emissions.

Simply put, every hour of work we do cooks the planet and its sensitive ecosystems a little bit more, and going home to relax and enjoy some leisure time is like taking this boiling pot of water off the burner.

Most of us burn energy getting to and from work, stocking and powering our offices, and performing the myriad tasks that translate into digits on our paychecks. The challenge of working less is a societal one, not an individual mandate: How can we allow people to work less and still meet their basic needs?

This goal of slowing down and spending less time at work — as radical as it may sound — was at the center of mainstream American political discourse for much of our history, considered by thinkers of all ideological stripes to be the natural endpoint of technological development. It was mostly forgotten here in the 1940s, strangely so, even as worker productivity increased dramatically.

But it’s worth remembering now that we understand the environmental consequences of our growth-based economic system. Our current approach isn’t good for the health of the planet and its creatures, and it’s not good for the happiness and productivity of overworked Americans, so perhaps it’s time to revisit this once-popular idea.

Last year, there was a brief burst of national media coverage around this “save the world, work less” idea, triggered by a report by the Washington DC-based Center for Economic and Policy Research, entitled “Reduced Work Hours as a Means of Slowing Climate Change.”

“As productivity grows in high-income, as well as developing countries, social choices will be made as to how much of the productivity gains will be taken in the form of higher consumption levels versus fewer work hours,” author David Rosnick wrote in the introduction.

He notes that per capita work hours were reduced by 50 percent in recent decades in Europe compared to US workers who spend as much time as ever on the job, despite being a world leader in developing technologies that make us more productive. Working more means consuming more, on and off the job.

“This choice between fewer work hours versus increased consumption has significant implications for the rate of climate change,” the report said before going on to study various climate change and economic growth models.

It isn’t just global warming that working less will help address, but a whole range of related environmental problems: loss of biodiversity and natural habitat; rapid depletion of important natural resources, from fossil fuel to fresh water; and the pollution of our environment with harmful chemicals and obsolete gadgets.

Every day that the global workforce is on the job, those problems all get worse, mitigated only slightly by the handful of occupations devoted to cleaning up those messes. The Rosnick report contemplates only a slight reduction in working hours, gradually shaving a few hours off the week and offering a little more vacation time.

“The paper estimates the impact on climate change of reducing work hours over the rest of the century by an annual average of 0.5 percent. It finds that such a change in work hours would eliminate about one-quarter to one-half of the global warming that is not already locked in (i.e. warming that would be caused by 1990 levels of greenhouse gas concentrations already in the atmosphere),” the report concludes.

What I’m talking about is something more radical, a change that meets the daunting and unaddressed challenge that climate change is presenting. Let’s start the discussion in the range of a full day off to cutting our work hours in half — and eliminating half of the wasteful, exploitive, demeaning, make-work jobs that this economy-on-steroids is creating for us, and forcing us to take if we want to meet our basic needs.

Taking even a day back for ourselves and our environment will seem like crazy-talk to many readers, even though our bosses would still command more days each week than we would. But the idea that our machines and other innovations would lead us to work far less than we do now — and that this would be a natural and widely accepted and expected part of economic evolution — has a long and esteemed philosophical history.

Perhaps this forgotten goal is one worth remembering at this critical moment in our economic and environmental development.

 

HISTORY LESSON

Author and historian Chris Carlsson has been beating the “work less” drum in San Francisco since Jimmy Carter was president, when he and his fellow anti-capitalist activists decried the dawning of an age of aggressive business deregulation that continues to this day.

They responded with creative political theater and protests on the streets of the Financial District, and with the founding of a magazine called Processed World, highlighting how new information technologies were making corporations more powerful than ever without improving the lives of workers.

“What do we actually do all day and why? That’s the most basic question that you’d think we’d be talking about all the time,” Carlsson told us. “We live in an incredibly powerful and overarching propaganda society that tells you to get your joy from work.”

But Carlsson isn’t buying it, noting that huge swaths of the economy are based on exploiting people or the planet, or just creating unproductive economic churn that wastes energy for its own sake. After all, the Gross Domestic Product measures everything, the good, the bad, and the ugly.

“The logic of growth that underlies this society is fundamentally flawed,” Carlsson said. “It’s the logic of the cancer cell — it makes no sense.”

What makes more sense is to be smart about how we’re using our energy, to create an economy that economizes instead of just consuming everything in its path. He said that we should ask, “What work do we need to do and to what end?”

We used to ask such questions in this country. There was a time when working less was the goal of our technological development.

“Throughout the 19th century, and well into the 20th, the reduction of worktime was one of the nation’s most pressing issues,” professor Juliet B. Schor wrote in her seminal 1991 book The Overworked American: The Unexpected Decline of Leisure. “Through the Depression, hours remained a major social preoccupation. Today these debates and conflicts are long forgotten.”

Work hours were steadily reduced as these debates raged, and it was widely assumed that even greater reductions in work hours was all but inevitable. “By today, it was estimated that we could have either a 22-hour week, a six-month workyear, or a standard retirement age of 38,” Schor wrote, citing a 1958 study and testimony to Congress in 1967.

But that didn’t happen. Instead, declining work hours leveled off in the late 1940s even as worker productivity grew rapidly, increasing an average of 3 percent per year 1948-1968. Then, in the 1970s, workers in the US began to work steadily more hours each week while their European counterparts moved in the opposite direction.

“People tend to think the way things are is the way it’s always been,” Carlsson said. “Once upon a time, they thought technology would produce more leisure time, but that didn’t happen.”

Writer David Spencer took on the topic in a widely shared essay published in The Guardian UK in February entitled “Why work more? We should be working less for a better quality of life: Our society tolerates long working hours for some and zero hours for others. This doesn’t make sense.”

He cites practical benefits of working less, from reducing unemployment to increasing the productivity and happiness of workers, and cites a long and varied philosophical history supporting this forgotten goal, including opposing economists John Maynard Keynes and Karl Marx.

Keynes called less work the “ultimate solution” to unemployment and he “also saw merit in using productivity gains to reduce work time and famously looked forward to a time (around 2030) when people would be required to work 15 hours a week. Working less was part of Keynes’s vision of a ‘good society,'” Spencer wrote.

“Marx importantly thought that under communism work in the ‘realm of necessity’ could be fulfilling as it would elicit and harness the creativity of workers. Whatever irksome work remained in realm of necessity could be lessened by the harnessing of technology,” Spencer wrote.

He also cited Bertrand Russell’s acclaimed 1932 essay, “In Praise of Idleness,” in which the famed mathematician reasoned that working a four-hour day would cure many societal ills. “I think that there is far too much work done in the world, that immense harm is caused by the belief that work is virtuous, and that what needs to be preached in modern industrial countries is quite different from what always has been preached,” Russell wrote.

Spencer concluded his article by writing, “Ultimately, the reduction in working time is about creating more opportunities for people to realize their potential in all manner of activities including within the work sphere. Working less, in short, is about allowing us to live more.”

 

JOBS VS. WORK

Schor’s research has shown how long working hours — and the uneven distribution of those hours among workers — has hampered our economy, hurt our environment, and undermined human happiness.

“We have an increasingly poorly functioning economy and a catastrophic environmental situation,” Schor told us in a phone interview from her office at Boston College, explaining how the increasingly dire climate change scenarios add urgency to talking about how we’re working.

Schor has studied the problem with other researchers, with some of her work forming the basis for Rosnick’s work, including the 2012 paper Schor authored with University of Alabama Professor Kyle Knight entitled “Could working less reduce pressures on the environment?” The short answer is yes.

“As humanity’s overshoot of environmental limits become increasingly manifest and its consequences become clearer, more attention is being paid to the idea of supplanting the pervasive growth paradigm of contemporary societies,” the report says.

The United States seems to be a case study for what’s wrong.

“There’s quite a bit of evidence that countries with high annual work hours have much higher carbon emissions and carbon footprints,” Schor told us, noting that the latter category also takes into account the impacts of the products and services we use. And it isn’t just the energy we expend at work, but how we live our stressed-out personal lives.

“If households have less time due to hours of work, they do things in a more carbon-intensive way,” Schor said, with her research finding those who work long hours often tend to drive cars by themselves more often (after all, carpooling or public transportation take time and planning) and eat more processed foods.

Other countries have found ways of breaking this vicious cycle. A generation ago, Schor said, the Netherlands began a policy of converting many government jobs to 80 percent hours, giving employees an extra day off each week, and encouraging many private sector employers to do the same. The result was happier employees and a stronger economy.

“The Netherlands had tremendous success with their program and they’ve ended up with the highest labor productivity in Europe, and one of the happiest populations,” Schor told us. “Working hours is a triple dividend policy change.”

By that she means that reducing per capita work hours simultaneously lowers the unemployment rate by making more jobs available, helps address global warming and other environmental challenges, and allows people to lead happier lives, with more time for family, leisure, and activities of their choosing.

Ironically, a big reason why it’s been so difficult for the climate change movement to gain traction is that we’re all spending too much time and energy on making a living to have the bandwidth needed to sustain a serious and sustained political uprising.

When I presented this article’s thesis to Bill McKibben, the author and activist whose 350.org movement is desperately trying to prevent carbon concentrations in the atmosphere from passing critical levels, he said, “If people figure out ways to work less at their jobs, I hope they’ll spend some of their time on our too-often neglected work as citizens. In particular, we need a hell of a lot of people willing to devote some time to breaking the power of the fossil fuel industry.”

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That’s the vicious circle we now find ourselves in. There is so much work to do in addressing huge challenges such as global warming and transitioning to more sustainable economic and energy systems, but we’re working harder than ever just to meet our basic needs — usually in ways that exacerbate these challenges.

“I don’t have time for a job, I have too much work to do,” is the dilemma facing Carlsson and others who seek to devote themselves to making the world a better place for all living things.

To get our heads around the problem, we need to overcome the mistaken belief that all jobs and economic activity are good, a core tenet of Mayor Ed Lee’s economic development policies and his relentless “jobs agenda” boosterism and business tax cuts. Not only has the approach triggered the gentrification and displacement that have roiled the city’s political landscape in the last year, but it relies on a faulty and overly simplistic assumption: All jobs are good for society, regardless of their pay or impact on people and the planet.

Lee’s mantra is just the latest riff on the fabled Protestant work ethic, which US conservatives and neoliberals since the Reagan Era have used to dismantle the US welfare system, pushing the idea that it’s better for a single mother to flip our hamburgers or scrub our floors than to get the assistance she needs to stay home and take care of her own home and children.

“There is a belief that work is the best form of welfare and that those who are able to work ought to work. This particular focus on work has come at the expense of another, far more radical policy goal, that of creating ‘less work,'” Spencer wrote in his Guardian essay. “Yet…the pursuit of less work could provide a better standard of life, including a better quality of work life.”

And it may also help save us from environmental catastrophe.

 

GLOBAL TIPPING POINT

The Intergovernmental Panel on Climate Change, the top research body on the issue recognized by the United Nations, recently released its fifth report summarizing and analyzing the science and policies around climate change, striking a more urgent tone than in previous reports.

On April 13 at a climate conference in Berlin, the panel released a new report noting that greenhouse gas emissions are rising faster than ever and urgent action is needed in the next decade to avert a serious crisis.

“We cannot afford to lose another decade,” Ottmar Edenhofer, a German economist and co-chairman of the committee that wrote the report, told The New York Times. “If we lose another decade, it becomes extremely costly to achieve climate stabilization.”

After the panel released an earlier section of the report on March 31, it wrote in a public statement: “The report concludes that responding to climate change involves making choices about risks in a changing world. The nature of the risks of climate change is increasingly clear, though climate change will also continue to produce surprises.”

The known impacts will be displaced populations in poor countries inundated by rising seas, significant changes to life-supporting ecosystems (such as less precipitation in California and other regions, creating possible fresh water shortages), food shortages from loss of agricultural land, and more extreme weather events.

What we don’t yet know, these “surprises,” could be even scarier because this is such uncharted territory. Never before have human activities had such an impact on the natural world and its delicate balances, such as in how energy circulates through the world’s oceans and what it means to disrupt half of the planet’s surface area.

Researchers have warned that we could be approaching a “global tipping point,” in which the impact of climate change affects other systems in the natural world and threatens to spiral out of control toward another mass extinction. And a new report funded partially by the National Science Foundation and NASA’s Goodard Space Center combines the environmental data with growing inequities in the distribution of wealth to warn that modern society as we know it could collapse.

“The fall of the Roman Empire, and the equally (if not more) advanced Han, Mauryan, and Gupta Empires, as well as so many advanced Mesopotamian Empires, are all testimony to the fact that advanced, sophisticated, complex, and creative civilizations can be both fragile and impermanent,” the report warned.

It cites two critical features that have triggered most major societal collapses in past, both of which are increasingly pervasive problems today: “the stretching of resources due to the strain placed on the ecological carrying capacity”; and “the economic stratification of society into Elites [rich] and Masses (or ‘Commoners’),” which makes it more difficult to deal with problems that arise.

Both of these problems would be addressed by doing less overall work, and distributing the work and the rewards for that work more evenly.

 

SYSTEMIC PROBLEM

Carol Zabin — research director for the Center for Labor Research and Education at UC Berkeley, who has studied the relation between jobs and climate change — has some doubts about the strategy of addressing global warming by reducing economic output and working less.

“Economic activity which uses energy is not immediately correlated with work hours,” she told us, noting that some labor-saving industrial processes use more energy than human-powered alternatives. And she also said that, “some leisure activities could be consumptive activities that are just as bad or worse than work.”

She does concede that there is a direct connection between energy use and climate change, and that most economic activity uses energy. Zabin also said there was a clear and measurable reduction in greenhouse gas emissions during the Great Recession that began with the 2008 economic crash, when economic growth stalled and unemployment was high.

“When we’re in recessions and output and consumption slow, we see a reduction in impact on the climate,” Zabin said, although she added, “They’re correlated, but they’re not causal.”

Other studies have made direct connections between work and energy use, at least when averaged out across the population, studies that Rosnick cited in his study. “Recent work estimated that a 1 percent increase in annual hours per employee is associated with a 1.5 percent increase in carbon footprint,” it said, citing the 2012 Knight study.

Zabin’s main stumbling block was a political one, rooted in the assumption that American-style capitalism, based on conspicuous consumption, would continue more or less as is. “Politically, reducing economic growth is really, really unviable,” she told us, noting how that would hurt the working class.

But again, doesn’t that just assume that the pain of an economic slowdown couldn’t be more broadly shared, with the rich absorbing more of the impact than they have so far? Can’t we move to an economic system that is more sustainable and more equitable?

“It seems a little utopian when we have a problem we need to address by reducing energy use,” Zabin said before finally taking that next logical step: “If we had socialism and central planning, we could shut the whole thing down a notch.”

Instead, we have capitalism, and she said, “we have a climate problem that is probably not going to be solved anyway.”

So we have capitalism and unchecked global warming, or we can have a more sustainable system and socialism. Hmm, which one should we pick? European leaders have already started opting for the latter option, slowing down their economic output, reducing work hours, and substantially lowering the continent’s carbon footprint.

That brings us back to the basic question set forth in the Rosnick study: As productivity increases, should those gains go to increase the wages of workers or to reduce their hours? From the perspective of global warming, the answer is clearly the latter. But that question is complicated in US these days by the bosses, investors, and corporations keeping the productivity gains for themselves.

“It is worth noting that the pursuit of reduced work hours as a policy alternative would be much more difficult in an economy where inequality is high and/or growing. In the United States, for example, just under two-thirds of all income gains from 1973-2007 went to the top 1 percent of households. In that type of economy, the majority of workers would have to take an absolute reduction in their living standards in order to work less. The analysis of this paper assumes that the gains from productivity growth will be more broadly shared in the future, as they have been in the past,” the study concludes.

So it appears we have some work to do, and that starts with making a connection between Earth Day and May Day.

 

EARTH DAY TO MAY DAY

The Global Climate Convergence (www.globalclimateconvergence.org) grew out of a Jan. 18 conference in Chicago that brought together a variety of progressive, environmental, and social justice groups to work together on combating climate change. They’re planning “10 days to change course,” a burst of political organizing and activism between Earth Day and May Day, highlighting the connection between empowering workers and saving the planet.

“It provides coordinated action and collaboration across fronts of struggle and national borders to harness the transformative power we already possess as a thousand separate movements. These grassroots justice movements are sweeping the globe, rising up against the global assault on our shared economy, ecology, peace and democracy. The accelerating climate disaster, which threatens to unravel civilization as soon as 2050, intensifies all of these struggles and creates new urgency for collaboration and unified action. Earth Day to May Day 2014 (April 22 — May 1) will be the first in a series of expanding annual actions,” the group announced.

San Mateo resident Ragina Johnson, who is coordinating events in the Bay Area, told us May Day, the international workers’ rights holiday, grew out of the struggle for the eight-hour workday in the United States, so it’s appropriate to use the occasion to call for society to slow down and balance the demands of capital with the needs of the people and the planet.

“What we’re seeing now is an enormous opportunity to link up these movements,” she told us. “It has really put us on the forefront of building a new progressive left in this country that takes on these issues.”

In San Francisco, she said the tech industry is a ripe target for activism.

“Technology has many employees working 60 hours a week, and what is the technology going to? It’s going to bottom line profits instead of reducing people’s work hours,” she said.

That’s something the researchers have found as well.

“Right now, the problem is workers aren’t getting any of those productivity gains, it’s all going to capital,” Schor told us. “People don’t see the connection between the maldistribution of hours and high unemployment.”

She said the solution should involve “policies that make it easier to work shorter hours and still meet people’s basic needs, and health insurance reform is one of those.”

Yet even the suggestion that reducing work hours might be a worthy societal goal makes the head of conservatives explode. When the San Francisco Chronicle published an article about how “working a bit less” could help many people qualify for healthcare subsidies under the Affordable Care Act (“Lower 2014 income can net huge health care subsidy,” 10/12/13), the right-wing blogosphere went nuts decrying what one site called the “toxic essence of the welfare state.”

Chronicle columnist Debra Saunders parroted the criticism in her Feb. 7 column. “The CBO had determined that ‘workers will choose to supply less labor — given the new taxes and other incentives they will face and the financial benefits some will receive.’ To many Democrats, apparently, that’s all good,” she wrote of Congressional Budget Office predictions that Obamacare could help reduce hours worked.

Not too many Democratic politicians have embraced the idea of working less, but maybe they should if we’re really going to attack climate change and other environmental challenges. Capitalism has given us great abundance, more than we need and more than we can safely sustain, so let’s talk about slowing things down.

“There’s a huge amount of work going on in society that nobody wants to do and nobody should do,” Carlsson said, imagining a world where economic desperation didn’t dictate the work we do. “Most of us would be free to do what we want to do, and most of us would do useful things.”

And what about those who would choose idleness and sloth? So what? At this point, Mother Earth would happily trade her legions of crazed workaholics for a healthy population of slackers, those content to work and consume less.

Maybe someday we’ll even look back and wonder why we ever considered greed and overwork to be virtues, rather than valuing a more healthy balance between our jobs and our personal lives, our bosses and our families, ourselves and the natural world that sustains us.

Revisionist future

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Acidified oceans. Dirty air. Superstorms. Food shortages. Mass migration. War. The International Panel on Climate Change last week released the final installment of its latest authoritative report on the catastrophic effects of global climate change.

In no uncertain terms, the report states, it is urgent that steps be taken to mitigate the worst impacts. The world’s cities are the most at risk — yet hold the greatest potential for turning the tide, IPCC scientists noted. Making cities greener is one of the most effective ways to minimize climate change.

But as experts turn to cities in hopes of reducing greenhouse gas emissions, newly released documents suggest that officials in San Francisco Mayor Ed Lee’s office ordered the most effective strategies for achieving clean energy goals to be removed from the city’s plan for combating climate change.

 

CHANGE OF PLANS

The city’s Climate Action Strategy sets out the overarching goal of reducing greenhouse gas emissions to 80 percent below 1990 levels by 2050, a yardstick consistent with state and regional goals. For 10 years, the San Francisco Public Utilities Commission worked on a program that would have given city residents and businesses more access to renewable energy sources to help meet that emissions reduction target.

CleanPowerSF, a municipal power program that would replace Pacific Gas & Electric power for San Francisco customers, would provide electricity from 100 percent, California-certified renewable sources such as solar, wind, small hydro, and other green energy sources.

The Climate Action Strategy calls creation of a renewable energy portfolio a critical strategy for meeting the goal — and that’s precisely what CleanPowerSF set out to achieve. Over the course of a decade, millions of dollars were invested and untold staff hours devoted to creating the program.

Yet at the direction of Roger Kim, the mayor’s senior advisor on the environment, the city’s Department of the Environment removed the Climate Action Strategy’s reference to CleanPowerSF before the document was released to the public. The Department of the Environment was also directed to remove reference to PG&E’s 100 percent Green Power Option, a program floated as an alternative to CleanPowerSF.

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In a Sept. 30 memo to Kim, obtained via a public records request, former Department of Environment Director Melanie Nutter wrote, “At the request of the Mayor’s Office, mention of PG&E’s 100% Green Power Option and SFPUC’s CleanPowerSF program were removed from the Energy Chapter and replaced with the overarching goal of 100% renewable electricity (pgs 16,17).”

Nutter recently stepped down as the director of the agency.

The timing of Nutter’s memo is significant. Just weeks earlier, the SFPUC — whose five-member governing board is appointed by the mayor — refused to approve a not-to-exceed rate that would have allowed CleanPowerSF to move forward as planned. Instead of expressing opposition to the rate itself, commissioners expressed their overall opposition to CleanPowerSF before voting it down.

Lee had criticized the cost and mechanisms of CleanPowerSF, without proposing an alternative (see “Power struggle,” 9/17/13). His real motivations for deleting these two strategies from the city’s Climate Action Strategy report remain unclear, but Lee has long supported PG&E, which stands to lose customers if CleanPowerSF is successful.

 

NO REAL ANSWER

Both CleanPowerSF and PG&E’s green option were held up as pathways toward a greener future in the Climate Action Strategy until the Mayor’s Office intervened, leaving no city mechanisms for most San Franciscans to choose renewable energy sources.

“PG&E’s proposed green option and CleanPowerSF could operate in parallel,” Nutter wrote in a memo drafted a couple years ago. “CleanPowerSF is likely to have a much greater environmental benefit due to the size of the customer base that would be served, the program’s objective to create a market for local renewable power, and the amount of greenhouse gas reductions achieved.”

So why then were both of these efforts eliminated from the report at the last minute, after being incorporated by experts in the field? Lee Communications Director Christine Falvey did not provide an answer to this specific Guardian question about the removal decision despite being asked several times.

When the Guardian asked Mayor Lee in March why CleanPowerSF was removed from the report, Lee responded, “I don’t think I have a real answer for that.”

Also unanswered is the question of how the city will meet its greenhouse gas emission reductions target. A quarter of the city’s greenhouse gas emissions derive from residential and commercial electricity, according to the Climate Action Strategy. 

pgE 

Electricity provided by PG&E is only 50 percent emission-free, with nuclear energy as the company’s most significant carbon-free power source. SFPUC projections have shown that CleanPowerSF could reduce citywide greenhouse gas emissions by 25 percent by 2030.

Another quarter of our emissions come from natural gas usage, and 40 percent of total emissions are belched into the air by automobiles. Lee wants to encourage more electric vehicles, but that won’t help much if they’re powered by a dirty power portfolio.

Whereas CleanPowerSF represented a carefully crafted plan for hitting these long-term targets, Lee’s most recent comments on how these important goals will be reached seem vague at best.

“I think we take all our deliberations on climate action seriously,” Lee told the Guardian in March, “and I do think that our focus now has been on energy efficiencies. We are also trying now to beef up the GoSolar program to be sure to catch whatever the state is willing to do, because Governor [Jerry] Brown has been trying to tap where there can be more examples of that.”

“The Mayor is open to exploring all avenues that might be available to achieve our energy goals,” Falvey told us. “In fact, it will take a variety of strategies working in concert to achieve them, including increasing the energy efficiency of buildings to reduce the total power load, developing in-city renewables, and options for increasing the provision of renewable power at a utility-scale.”

Those last two goals are precisely what CleanPowerSF would have done. Critics have decried Lee’s move as harmful and politically motivated. “What Mayor Lee has succeeded in doing is to rip the guts out of the new Climate Action Strategy,” John Rizzo wrote in a recent Sierra Club newsletter, “rendering it as meaningless as the missed greenhouse-gas reduction targets from 2012.”

 

LOOKING AHEAD

At the Board of Supervisors’ mayor question time in March, Sup. John Avalos asked Lee to direct the Department of Environment to return CleanPowerSF to the Climate Action Strategy and commit to launching the program in 2014.

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Lee answered that he could not, saying the program was too problematic and the SFPUC has too many infrastructure repair needs. The SFPUC has pulled its staff from the project to redirect that work into energy infrastructure improvements.

Some are still holding out hope that CleanPowerSF could move forward. San Francisco’s Local Agency Formation Commission is set to begin researching what CleanPowerSF “would look like and to address other concerns that the Mayor and SFPUC Commissioners have raised,” LAFCo’s Senior Program Officer Jason Fried said.

Proponents are also investigating ways to launch the program independently of the mayor and the SFPUC, by partnering with Marin County’s version of the program.

“There is talk about joining the Marin Joint Powers Authority,” Fried said, “but we will exhaust every option to run our own program. We want the PUC and mayor on board.”

While the mayor and the commissioners charged with overseeing the SFPUC seem content to let CleanPowerSF fade into memory, Avalos is not willing to let it go without a fight.

“We’re facing the greatest crisis for this city, and our government pulls back on how to achieve this,” Avalos said at a March 31 Board of Supervisors committee hearing on the Climate Action Strategy. “If we want to be a great city, it’s up to us to generate the political will to implement these strategies.”

Joe Fitzgerald Rodriguez contributed to this report.

Stop the eviction of Benito Santiago

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OPINION

I attended a rally in support of eviction fighter Benito Santiago as he battles to keep his home of more than 30 years from the clutches of real estate investment company Vanguard Properties. Vanguard and its co-owner Michael Harrison, who also goes by the alias “Pineapple Boy LLC,” notified Benito of their intention of evicting him and two other tenants by invoking the state’s Ellis Act. We know the scenario — building gets sold, tenants get evicted, and the speculator/investor pimps ride off into the sunset, latte in hand, behind the wheel of a sports car (or utility vehicle).

But what about Benito?

Benito is a teacher with the San Francisco Unified School District. He is a senior with a disability resulting from a car accident more than a decade ago. Benito is a musician — a percussionist — and he teaches music to developmentally disabled children. Despite the effects of the car accident on his mobility, he has dedicated his life to sharing music with children who have benefitted greatly from his love and patience. He is an excellent teacher with a love for life and music is contagious.

Benito lives in his rent-controlled Duboce Triangle unit, but to investors and speculators, there is no room for him. To them, rent control is a cancer, a disease, a rape of the holy mother. Yet it is the evictions that have spread across the city — a 178 percent increase in Ellis Act evictions alone in the last three years — that are the true cancer.

It is not without irony that Benito moved into his unit in 1977, the same year of the eviction of elders of the I-Hotel on Kearny Street. As a Filipino, Benito remembers that event vividly, an event that garnered worldwide attention and support from wide segments of the community in San Francisco for the elder tenants who refused to leave the I-Hotel, the last building standing that was part of a Filipino neighborhood called Manilatown.

There was no room for Manilatown, no room for those brown elders walking around on property that had so much value. Manilatown was systematically removed by speculation and real estate interests. The I-Hotel eventually fell in 1977 with the forcible eviction of its elderly tenants, with baton-wielding police ramming though a human barricade of more than 3,000 supporters who chanted “We Won’t Move!”

The year Benito moved into his unit, 1977, was the year that the fight to rebuild the I-hotel began. After a 30-year struggle, it was finally rebuilt — 102 units of affordable senior housing. Many tenant protections arose from the ashes of the I-Hotel struggle. Another irony is that Mayor Ed Lee began his career defending the tenants of the I-Hotel.

Now, 37 years later, we see the desecration of the I-Hotel struggle by the same greedy speculators who do not care for the city. They have been the stewards — not of community, or sharing, or culture — but of eviction, misery, and even death to elders. They disrespect the I-hotel struggle and the elders of the community and the legacy of the I-Hotel. They are a blight to San Francisco.

Benito is fighting his eviction. He is refusing the buyout. The sound of resistance is the sound of Benito’s drum, which calls for all of us to rise in defense of our homes. Benito is a part of the Manilatown/I-Hotel Family, and we support his fight, along with Eviction Free SF, his lawyers at the Tenderloin Housing Clinic, and others in the community. The Manilatown Heritage Foundation/I-Hotel calls for an end to out of control evictions and reparations for elders who have been displaced through eviction via the Ellis Act.

What speculators have done is criminal, nothing less than elder abuse. Their presence is the true blight. Tony Robles works for Senior and Disability Action and is president of Manilatown Heritage Foundation, which will hold an event honoring eviction struggles April 25 in the I-Hotel Manilatown Center, 868 Kearny St.

Accreditors ask City College to voluntarily terminate its own accreditation

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Should City College commit educational seppuku?

That seems to be the idea the accrediting commission vying to close City College of San Francisco floated in a San Francisco Chronicle editorial Sunday, outlining a “new way out.”

To save itself, they wrote, the college must terminate its own accreditation and apply for “candidacy” status, essentially applying to be accredited as if it were a brand-new school.

Candidacy would allow City College a fresh start,” wrote Accrediting Commission for Community and Junior Colleges Chair Sherill Amador, and Steven Kinsella, the co-chair. “It would have two to four years to complete its recovery and to ensure that it meets all accreditation standards.”

The recommendation is the latest twist in a long saga over the fate of City College of San Francisco.

Last July, the ACCJC told City College its degree accreditation would be revoked in a year, which would force the college to close. When the news first hit City College saw its enrollment drop by the thousands. The school served as many as 100,000 students at its highest enrollment, but now has a student body of 77,000. The college’s chancellor, Arthur Q. Tyler, noted the enrollment drop in a public letter.

Tyler strongly rebuffed the ACCJC’s Chronicle editorial.

“As you may have heard it has been suggested by some that City College apply for ‘candidacy status’ as a mechanism for addressing our current accreditation process,” Tyler wrote in a letter to the college community. “Let me be clear: we are not considering withdrawing our accreditation. To do so would severely harm our current and future students as well as undermine our current enrollment efforts.”

The editorial from the ACCJC may signal that the accrediting commission intends to deny any appeals made by City College, higher-ed experts told the Guardian. City College’s faculty union AFT 2121 President Alisa Messer agreed.

“The ACCJC — or at any rate, two of its leaders — have announced through this editorial that they have already decided to reject the college’s appeal and move forward with disaccreditation,” she told the Guardian. “Our concern all along has been that nothing CCSF could do would satisfy this commission. Unfortunately, this latest action appears to confirm that.” 

Notably, despite all indicators to the contrary, the ACCJC editorial wrote “Internal discord at City College has prevented sufficient progress.”

But in a Chronicle editorial written by Mayor Ed Lee and the California Community College Chancellor Brice Harris, the pair noted City College’s tremendous progress in changing the school. These are changes the college community hasn’t necessarily agreed with, leading to recent protests against the current administration. Despite this resistance, the pair of officials made an impassioned plea for the ACCJC to give City College more time to enact the less-than-popular changes.

“The commitment to reform and the accomplishments already made show that the college is on the right track,” Lee and Harris wrote. “City College has earned the right to finish the job by setting itself back on course.”

But the editorial penned by the ACCJC seems to rebuff any notion that they’ll give City College more time, unless City College revokes its own accreditation.

They just gave (Chancellor) Brice Harris, Mayor Ed Lee and all of San Francisco a giant F.U.,” City College Trustee Rafael Mandelman told the Guardian. 

All along, politicians and the college’s current administration towed the ACCJC line — even though the accreditors advocated for City College to disinvest in its neediest students, take away important neighborhood campuses serving disadvantaged communities, and ignored the college community’s wishes. 

On the other side of the imaginary line in the sand, the faculty union and student protesters have advocated against many of the changes proposed by the ACCJC, calling its actions unjust. City Attorney Dennis Herrera’s lawsuit adopted the viewpoint of the the latter group, suing the ACCJC for using its position as accreditor to advocate for the “student success agenda,” which aims to transform community college into degree-mills at the expense of students not specifically seeking degrees.

Stepping on their conservative, misinformed soapbox, the San Francisco Chronicle wrote an editorial lambasting Herrera and the advocates, last August.

“When you have a losing argument, change the subject,” they wrote. “That’s been the approach of certain City College defenders who want the attack an accreditation commission instead of the serious problems it has identified.”

Even the state community college chancellor criticized Herrera’s lawsuit, in an open letter penned just a few months ago. 

“Court intervention is not necessary to keep City College open,” California Community College Chancellor Brice Harris wrote. “Characterizations that the cases before the court are a ‘last-ditch’ effort to ‘save’ City College are inaccurate and will do additional damage to the college’s enrollment.”

But Herrera filed for an injunction, which was granted by the judge, which would stop City College from closing until the legal proceedings have finished. The trial date is now set for October. 

With the ACCJC signaling it has no intention of allowing an appeal, Herrera’s lawsuit, Mandelman said, may be the college’s only hope.

The state chancellor, the mayor, and the Chronicle have all said ‘this is the way the process will work and Dennis Herrera should not have brought the lawsuit,'” he said. Now it seems quite likely that lawsuit will be the only thing that can save City College.”

Leno’s Ellis Act reform bill clears first legislative hurdle

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Sen. Mark Leno’s Senate Bill 1439 — which would protect rent-controlled housing in San Francisco by amending the Ellis Act, including making property owners wait at least five years after buying a property to evict tenants under the act — cleared its first legislative hurdle today.

The Senate Transportation and Housing Committee passed the measure on a 6-4 vote, and it heads to the Senate Judiciary Committee next. The bill has strong support in San Francisco, from progressive constituencies through Mayor Ed Lee to support by leaders in the business community and tech world.

Yet the measure faces a tough road in Sacramento, where the landlord lobby and other conservative interests oppose it. “A bill that could strip San Francisco landlords of their freedom to leave the rental housing business heads to a key Senate committee next month,” the California Apartment Association wrote last month in an alert to its members.

But as Tenants Together demonstrated in a recent study of how the Ellis Act has been used in San Francisco since its passage in 1985, a legislative reaction to a California Supreme Court case upholding rent control laws, the legislation has larger been a tool used by real estate speculators to clear rent-controlled buildings of tenants. The study found that 51 percent of Ellis Act evictions took place within a year of the property being purchased, 68 percent within the first five years, and 30 percent of Ellis Act evictions were from serial evictors, often by businesses specializing in flipping properties for profit.

“California’s Ellis Act was specifically designed to allow legitimate landlords a way out of the rental business, but in San Francisco this state law is being abused by speculators who never intend to be landlords,” Leno said today in a prepared statement. “As a result, longtime tenants, many of them seniors, disabled people, and low-income families, are being uprooted from their homes and communities. The five-year holding period in my bill would prevent these devastating evictions from forever changing the face of our diverse city.” 

Privatization of public housing

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Like so many San Franciscans, Sabrina Carter is getting evicted.

The mother of three says that if she loses her home in the Western Addition, she’ll have nowhere to go. It’s been a tough, four-year battle against her landlord — a St. Louis-based development company called McCormack Baron — and its law firm, Bornstein & Bornstein. That’s the same law firm that gained notoriety for holding an “eviction boot camp” last November to teach landlords how to do Ellis Act evictions and sweep tenants out of rent-controlled housing.

But Carter’s story isn’t your typical Ellis eviction. Plaza East, where she lives, is a public housing project. Public housing residents throughout the country are subject to the “one-strike and you’re out” rule. If residents get one strike — any misdemeanor or felony arrest — they get an eviction notice. In Carter’s case, her 16-year-old was arrested. He was cleared of all charges — but Carter says McCormack Baron still wouldn’t accept her rent payment and wouldn’t respond to her questions.

“I was never informed of my status,” she said.

That is, until her son was arrested again, and Carter found herself going up against Bornstein & Bornstein. She agreed to sign a document stipulating that her eviction would be called off unless her son entered Plaza East property (he did). It was that or homelessness, said Carter, who also has two younger sons.

“They criminalized my son so they could evict my family,” Carter said.

McCormack Baron and Bornstein & Bornstein both declined to comment.

On March 12, Carter and a band of supporters were singing as they ascended City Hall’s grand staircase to Mayor Ed Lee’s office.

“We’re asking the mayor to call this eviction off. Another black family cannot be forced out of this city,” Lisa “Tiny” Gray-Garcia, co-founder of Poor Magazine, said at the protest.

Nearly half of San Francisco’s public housing residents are African American, according to a 2009 census from the city’s African American Out-Migration Task Force. These public housing residents represent a significant portion of San Francisco’s remaining African American population, roughly 65 percent.

Carter’s eviction was postponed, but it raises an important question: Why is a public housing resident facing off with private real estate developers and lawyers in the first place?

 

PUBLIC HOUSING, PRIVATE INTERESTS

Plaza East is one of five San Francisco public housing properties that was privatized under HOPE VI, a federal program that administers grants to demolish and rebuild physically distressed public housing.

The modernized buildings often have fewer public housing units than the ones they replaced, with private developers becoming their managers. San Francisco’s take on HOPE VI, called HOPE SF, is demolishing, rebuilding, and privatizing eight public housing sites with a similar process.

US Department Housing and Urban Development is rolling out a new program to privatize public housing. The San Francisco Housing Authority is one of 340 housing projects in the nation to be chosen for the competitive program. The city is now starting to implement the Rental Assistance Demonstration program. When it’s done, 75 percent of the city’s public housing properties will be privatized.

Under RAD, developers will team up with nonprofits and architectural firms to take over managing public housing from the Housing Authority. RAD is a federal program meant to address a nationwide crisis in public housing funding. Locally, the effort to implement the program has been spurred by the Mayor’s Office of Housing and Community Development.

MOHCD Director Olson Lee has described RAD in a report as “a game-changer for San Francisco’s public-housing residents and for [Mayor] Lee’s re-envisioning plan for public housing.” Later, Lee told us, “We have 10,000 residents in these buildings and they deserve better housing. It’s putting nearly $200 million in repairs into these buildings, which the housing authority doesn’t have. They have $5 million a year to make repairs.”

Funding is sorely needed, and this won’t be enough to address problems like the perpetually broken elevators at the 13-story Clementina Towers senior housing high-rises or SFHA’s $270 million backlog in deferred maintenance costs.

But RAD is more than a new source of cash. It will “transform public housing properties into financially sustainable real estate assets,” as SFHA literature puts it.

RAD changes the type of funding that supports public housing. Nationally, federal dollars for public housing have been drying up since the late ’70s. But a different federal subsidy, the housing choice voucher program that includes Section 8 rent subsidies, has been better funded by Congress.

Under RAD, the majority of the city’s public housing will be sustained through these voucher funds. In the process, the Housing Authority will also hand over responsibility for managing, maintaining, and effectively owning public housing to teams of developers and nonprofits. Technically, the Housing Authority will still own the public housing. But it will transfer the property through 99-year ground leases to limited partnerships established by the developers.

The RAD plan comes on the heels of an era marked by turmoil and mismanagement at the Housing Authority. The agency’s last director, Henry Alvarez, was at the center of a scandal involving alleged racial discrimination. He was fired in April 2013.

In December 2012, HUD declared SFHA “troubled,” the lowest possible classification before being placed under federal receivership. A performance audit of the agency, first submitted in April 2013 by the city’s Budget and Legislative Analyst, determined that “SFHA is expecting to have no remaining cash to pay its bills sometime between May and July of 2013.”

Six of the seven members of the Housing Authority Commission were asked to resign in February 2013, and were replaced with mayoral appointees.

Joyce Armstrong is not a member of this commission, but she sits on the dais with them at meetings, and gives official statements and comments alongside the commissioners. Armstrong is the president of the citywide Public Housing Tenants Association, and she talked about RAD at a March 27 meeting, conveying tenants’ apprehension toward the expansion of private managers in public housing.

“Staff in HOPE VI developments are very condescending,” Armstrong said. “We’re not pleased. We’re being demeaned, beat up on, and talked to in a way I don’t feel is appropriate.”

 

NONPROFITIZATION

When RAD is implemented, it won’t just be development companies interacting with public housing residents. San Francisco’s approach to RAD is unique in that it will rely heavily on nonprofit involvement. Each “development team” that is taking over at public housing projects includes a nonprofit organization. Contracts haven’t been signed yet, but the Housing Authority has announced the teams they’re negotiating with.

“We call it the nonprofitization of public housing,” said Sara Shortt, executive director of the Housing Rights Committee.

The developers are a list of the usual players in San Francisco’s affordable housing market, including the John Stewart Company, Bridge Housing Corporation, and Tenderloin Neighborhood Development Corporation.

Community-based organizations that are involved include the Mission Economic Development Agency, the Japanese American Religious Federation, Ridgepoint Nonprofit Corporation, Glide Community Housing, Bernal Heights Housing Corporation, and the Chinatown Community Development Center.

On March 13, when the Housing Authority Commission announced who would be on these teams, the meeting was packed with concerned members of the public. Two overflow rooms were set up. One group with a strong turnout was SEIU Local 1021, which represents public housing staff.

Alysabeth Alexander, vice president of politics for SEIU 1021, said that 120 workers represented by the union could be laid off as management transfers to development teams, and 80 other unionized jobs are also on the line.

“They’re talking about eliminating 200 middle-class jobs,” Alexander said.

She also noted that SEIU 1021 wasn’t made aware of the possible layoffs — it only found out because of public records requests. (Another downside of privatization is that certain information may no longer be publicly accessible.)

“We’re concerned about these jobs,” Alexander said. “But we’re also concerned about the residents.”

 

RESIDENTS’ RIGHTS

HUD protects some residents’ rights in its 200-page RAD notice. These include the right to return for residents displaced by renovations and other key protections, but rights not covered in the document — some of which were secured under the current system only after lengthy campaigns — are less clear. In particular, rights relating to house rules or screening criteria for new tenants aren’t included.

Negotiations with development teams are just beginning. Lee said tenants’ rights not included in the RAD language would be discussed as part of that process.

“It will be a function of what is best practice,” Lee said.

But developers have already expressed some ideas about public housing policies they want to tweak when they take over. At one point, the city was considering developers’ requests to divide the citywide public housing wait-list into a series of site-specific lists. Lee says that this option is no longer on the table.

But as developers’ interests interact with local, state, and federal tenant regulations, things could get messy. James Grow, deputy director of the National Housing Law Project, says that whatever standard is the most protective of residents’ rights should apply.

Still, Grow said, “There’s going to be inconsistencies and gray areas.”

Grow said that inevitably some residents’ rights will be decided “on a case-by-case basis, in litigations between the tenant and the landlord…They’ll be duking it out in court.”

This will be true nationwide, as each RAD rollout will be different. But at least in San Francisco, “Most of the tenant protections in public housing will remain,” said Shortt. “We are trying to tie up any holes locally to make sure that there is no weakening of rights.”

Grow’s and Shortt’s organizations are also involved in San Francisco’s RAD plan. The National Housing Law Project, along with the Housing Rights Committee and Enterprise Community Partners, have contracts to perform education and outreach to public housing residents and development teams.

 

UNCERTAIN FUTURE

Just how much money will go to RAD is still under negotiation. The RAD funding itself, derived from the voucher program, will surpass the $32 million the city collected last year in HUD operating subsidies. But its big bucks promise is the $180 million in tax credit equity that the privatization model is expected to bring in.

The city will also be contributing money to the program, but how much is unclear.

“The only budget I have right now is the $8 million,” Lee said, money that is going to the development teams for “pre-development.”

Lee added that funding requests would also be considered; those requests could total $30-50 million per year from the city’s housing trust fund, according to Shortt.

To access that $180 million in low-income housing tax credits, development teams will need to create limited partnerships and work with private investors. The city wants to set up an “investor pool,” a central source which would loan to every development team.

It’s a complicated patchwork of money involving many private interests, some of whom don’t have the best reputations.

Jackson Consultancy was named as a potential partner in the application for the development team that will take over management at Westbrook Apartments and Hunters Point East-West. That firm is headed by Keith Jackson, the consultant arrested in a FBI string in late March on charges of murder-for-hire in connection with the scandal that ensnared Sen. Leland Yee and Chinatown crime figure Raymond “Shrimp Boy” Chow.

Presumably, Jackson is no longer in the running, although the entire transformation is rife with uncertainties.

Residents often feel blindsided when management or rules change at public housing properties. And RAD will be one of the biggest changes in San Francisco’s public housing in at least a decade.

“People are concerned about their homes. When they take over the Housing Authority property, what’s going to happen? They keep telling us that it’s going to stay the same, nothing is going to change,” said Martha Hollins, president of the Plaza East Tenants Association.

Hollins has been part of Carter’s support network in her eviction case.

“They’re always talking about self-sufficient, be self-sufficient,” Hollins said. “How can we be self-sufficient when our children are growing up and being criminalized?”

Public housing has many complex problems that need radical solutions. But some say RAD isn’t the right one. After seeing developers gain from public housing while generational poverty persists within them, Gray-Garcia says that her organization is working with public housing residents to look into ways to give people power over their homes. They are considering suing for equity for public housing residents.

“‘These people can’t manage their own stuff and we need to do it for them.’ It’s that lie, that narrative, that is the excuse to eradicate communities of color,” Gray-Garcia said. “We want to change the conversation.”

Federal criminal indictment of PG&E doesn’t go far enough

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  A federal grand jury in San Francisco yesterday issued a criminal indictment against Pacific Gas & Electric for negligence in the 2010 gas pipeline explosion in San Bruno that killed eight people and destroyed an entire neighborhood. That’s significant and serious, but it also falls far short of what this rapacious company and its conniving executives — none of whom face personal criminal charges — should be facing.

The indictment and media reports on it omit key details of what happened leading up this tragic and entirely preventable explosion, buying into the fiction that there is a meaningful difference between PG&E Co., the regulated utility, and PG&E Corp., the wealthy and powerful Wall Street corporation. This is a stark example of how corporations are given all the rights of individuals, but accept few of the responsibilities, with the complicity of the political and economic systems.

The 12-count indictment focused on violation of the Pipeline Safety Act, which requires companies to maintain their potentially dangerous pipelines, including keeping detailed records and doing safety inspections that would detect flaws like the faulty weld that caused the San Bruno explosion on Sept. 9, 2010 – work the company negligently failed to perform.

But PG&E’s wanton disregard for public safety, combined with the greed and shameless self-interest of then-CEO Peter Darbee and other executives, goes far deeper than that. A report by the California Public Utilities Commission released in January 2012 found that $100 million in ratepayer funds that had been earmarked for pipeline maintenance and replacement, including this section in San Bruno, was instead diverted to executive bonuses and shareholder profits.

“PG&E chose to use the surplus revenues for general corporate purposes,” the audit said, noting that the company was flush with cash at the time and there was no good reason to neglect this required maintenance.

And in 2010, those questionable corporate purposes included spending more than $45 million to write and promote Prop. 16, a June 2010 ballot measure that would have required approval by two-thirds of voters whenever cities wanted to start community choice aggregation programs such as San Francisco’s proposed CleanPowerSF. California voters rejected that outrageous ruse by more than a 2-1 margin – so Mayor Ed Lee and his appointees were forced to kill CleanPowerSF on their own last year.

PG&E maintains the explosion was just an accident.

“San Bruno was a tragic accident. We’ve taken accountability and are deeply sorry. We have worked hard to do the right thing for victims, their families and the community, and we will continue to do so,” PG&E CEO Tony Early, who was hired after the explosion, said in a prepared statement. “We want all of our customers and their families to know that nothing will distract us from our mission of transforming this 100-plus-year-old system into the safest and most reliable natural gas system in the country.”

But this “tragic accident” was foreseeable and preventable, particularly if PG&E was spending our ratepayer money on the system maintenance it was allocated for, instead of trying to fool us with a deceptive and myopic political campaign. Those were decisions made by real people, including Darbee and others, decisions that killed innocent people – and they should be held accountable. Neither this indictment nor a previous civil settlement go far enough.

PG&E’s employee union, IBEW Local 1245, continues to act as an apologist for the company executives, issuing a statement that in part says, “The federal indictment filed April 1st against the company says that PG&E willfully failed to identify and evaluate threats to its transmission pipelines. We know of nothing that would rise to the level of willful. It is possible there are things we don’t know. But based on what we do know, the company failures that led to the San Bruno explosion were not willful.”

Meanwhile, even some PG&E shareholders are siding with the company’s federal prosecution while bringing a shareholder lawsuit seeking to recover some of the diverted funds. Their high-powered attorney, Joe Cotchett, issued a statement today that said, “We welcome yesterday’s indictment by the federal grand jury of PG&E on criminal charges that it violated federal pipeline regulations. It is clear the federal government agrees with us that PG&E chose profits over safety. The indictment comes as no surprise, as it closely mirrors the detailed complaint we filed months ago against PG&E’s officers and directors, after our own extensive investigation.  The indictment states that PG&E ignored and failed to properly identify potential threats to gas pipelines, failed to gather relevant data, maintained flawed records, and as a result, was unable to accurately assess the dangers related to its lines that could have prevented the explosion. On behalf of the shareholders of PG&E, we intend to amend our complaint to add some additional facts stated in the indictment.”

“Our complaint alleges that PG&E’s executives dropped the ball and failed to implement safety measures despite numerous red flags raised by Company insiders with risk management responsibilities. We allege PG&E has already incurred charges of about $1.83 billion related to the San Bruno accident and natural gas matters. In its annual report, PG&E admitted that this criminal investigation could expose the Company to even greater losses. Our complaint also alleges that PG&E’s Board sponsored reviews of its risk management practices revealing that PG&E was in ‘crisis’ mode prior to the accident, and that, in 2007, PG&E’s newly-hired Senior Vice President of Engineering and Operations determined that the Company’s Enterprise Risk Management program ‘seems unactionable because almost everything is broken.’”

This is the company that Mayor Lee praises as a “great company that gets it,” supporting its continued monopoly control of San Francisco’s energy system and subverting a city proposal to provide renewable energy to city residents, even as the threats posed by global warming increase, as this week’s report by the United Nations Intergovernmental Panel on Climate Change warns.

This is a sick system, and something needs to change.

SF’s culture of corruption

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EDITORIAL The extent of the charges in the criminal complaint against Sen. Leland Yee, political consultant Keith Jackson, and others are shocking and sensational: international arms trafficking, drug dealing, money laundering, cavorting with organized crime figures, murder for hire. But the basic allegation that Yee and Jackson practiced a corrupt, transactional kind of politics wasn’t surprising to anyone who knew how they operated.

What’s worse, they were simply a more extreme — and now, thanks to FBI wiretaps and undercover agents, a better documented — example of the political corruption that is endemic to San Francisco and some other high-stakes American cities. The city of St. Francis gets sold out to the highest bidders everyday, by politicians who value wealthy constituents over the vast majority of us who are just trying to get by — and over the interests of city finances and governance.

Part of the problem is inherent in our money-driven political system, in which politicians are constantly hustling for cash from people who want things from them. Politicians deny they take actions with political contributions in mind, but well-heeled capital and labor interests don’t spend millions of dollars on contributions out of the goodness of their hearts. These are business transactions.

We wholeheartedly support the call Senate President Darrell Steinberg made for fundamental political reform during the March 28 vote to suspend Yee and two of his allegedly corrupt colleagues. These cases aren’t aberrations, they are indicative of how power get wielded when it’s based on wealth. That’s the reality that has gotten even uglier since the Citizens United decision equated money with political speech and upped the ante for would-be public servants.

But much of the problem is particular to San Francisco, where cozy relationships between politicians and corporate interests are often feted in plain view. Former Mayor Willie Brown — a lawyer and unregistered lobbyist who won’t reveal his huge corporate client list despite having an influential weekly column in the San Francisco Chronicle — helped install his longtime City Hall functionary Ed Lee into Room 200 to guard against anyone asking too much of the rich and powerful. Yee and Lee represented rival Chinatown economic factions, both wanting to use the power of the Mayor’s Office for their interests.

In his March 22 column, Brown once again repeated a joke he’s used before, that the “e” in email stands for “evidence,” which is really only funny in a sick political culture that celebrates slick rule-breakers. And it was from Brown that Lee learned it was acceptable to brazenly give tax breaks and regulatory passes to the tech companies that his top fundraiser, venture capitalist Ron Conway, are invested in.

Megadeveloper Lennar Urban used its wealth and political connections to take control of San Francisco’s biggest tracts of undeveloped and underdeveloped land, including Hunters and Candlestick points and Treasure Island, paying off community groups and hiring Jackson and other political henchmen to get the job done.

In fact, the FBI complaint says Jackson was working on behalf of that project when he approached accused Chinatown gangster Raymond “Shrimp Boy” Chow for support, leading to their alleged involvement in a string of wild criminal conspiracies. Meanwhile, Chow was getting public commendations from San Francisco-based politicians including Lee, Yee, Gavin Newsom, Dianne Feinstein, Fiona Ma, and even Tom Ammiano. Chow courted political legitimacy the same way politicians seek cash, and mainstream media outlets were happy to play along.

Throughout his political career, Yee has carried water for Pacific Gas & Electric, perhaps the most corrupting contributor to political campaigns in the city’s history. PG&E’s influence at City Hall had thankfully waned in recent years as a result of overreach and deadly criminal negligence, until Lee and his appointees last year killed CleanPowerSF (see “Challenge Mayor Lee and his lies,” 9/17/13) on a pretext so thin it could only be gift to PG&E.

In many ways, San Francisco hasn’t changed. It’s still the old Barbary Coast, ruled by capitalist thugs and corrupt politicians, only with glossy modern spin created by armies of well-paid political consultants. But we all deserve better.

Yee and Jackson should go to prison if there’s even a slice of truth to the allegations against them. And maybe they’ll cut deals and take other political figures down with them, giving us more of a peek behind the curtain of political power. But it’s up to all of us to break the close ties between economic and political power and begin to restore the democratic power of everyday people.