Housing

DA’s office makeover may have skirted the rules

In a San Francisco Chronicle article published March 31, District Attorney George Gascon was quoted as saying he would not “even bother to defend” his decision to accept payments and in-kind donations for office furniture, valued at $26,445, from a roster of influential donors.

Although San Francisco’s top law enforcement official minimized the issue when questioned by reporters, it appears the DA may not have followed a number of state disclosure regulations when he accepted and reported the donation, which consists of a new glass-top desk and other trimmings to spruce up his executive office and the DA’s victim services lounge.

And the Guardian has learned that a formal complaint will be filed with the California Fair Political Practices Commission, a government accountability agency, alleging violations.

Charles Marsteller, a public ethics advocate and former co-coordinator of San Francisco Common Cause, sent the Guardian a copy of a complaint he intends to file with the FPPC, charging that Gascon either failed to properly disclose political contributions, or violated a gift limit imposed by state law.

“The District Attorney appears to be actively disregarding the applicable state law regarding the furniture payments,” a statement attached to Marsteller’s complaint notes.

Thirteen well-connected donors contributed payments toward the office set, with billionaire angel investor Ron Conway outspending the rest with a monetary contribution just shy of $10,000.

Other contributors, who gave between $1,000 and $2,000, included the Nibbi Brothers Contractors, who have worked on public housing renovations and other residential housing projects within San Francisco; Victor Makras, a member of the San Francisco Employees Retirement System board; Pius Lee, who previously served on the Police Commission; Charlotte Schultz, who holds the position of San Francisco’s Chief of Protocol, and Ryan Brooks, who formerly served on the city’s Public Utilities Commission.

The kind of disclosure form Gascon filed to report the new furniture, known as a behested payment report, is filed in cases where an elected official solicits a donation to a nonprofit entity or a government agency, and successfully secures a payment exceeding $5,000. In the case of governmental agencies, behested payments benefit a department as a whole, rather than any particular individual.

The fact that the donation was reported on a behested payment report, rather than a gift disclosure form, suggests that the new office furniture arrived only after Gascon requested it specifically, to benefit the DA office as a whole. But Marsteller’s complaint charges: “Since the furniture payments at issue were made for the benefit of Gascon’s own use, they would not constitute a behested payment that must be reported on Form 803.”

The complaint goes on to state that payments for Gascon’s furniture should either be counted as “contributions” or “gifts,” but not “behested payments.”

According to a memo prepared by the San Francisco City Attorney in 2008, department heads must obtain Board approval before accepting donations made to public agencies.

“Generally, the Board of Supervisors must approve, by resolution, any gift with a value greater than $10,000 before a City agency or department accepts such a gift,” according to a 2008 memo drafted by San Francisco Deputy City Attorney Jon Givner. The total value of the new office furniture is $26,445, but the funding was divided up among numerous donors, with payments submitted over the course of several months. Conway contributed $9,999 – exactly one dollar under the $10,000 disclosure threshold.

However, Gascon did not solicit Board approval before accepting the furniture payments. Instead, he submitted a resolution and memo to the Clerk of the Board on March 19, to be introduced at the April 2 Board meeting, seeking retroactive approval.

“Apparently, Gascon decided that he should seek to sanitize any violation of San Francisco’s Charter provision regarding acceptance of gifts by requesting retroactive approval,” Marsteller’s complaint suggests.

Reached on his cell phone and asked to comment for this story, Gascon told the Guardian that he was unable to answer questions at that time because a family member was undergoing surgery.

The 2008 memo from the City Attorney also states that city agencies “must report gifts worth more than $100 on the department’s website.” Visitors to the DA’s website will find a section on the “About” page, titled “Supporters of the San Francisco District Attorney’s Office,” which links to a PDF disclosing the donors’ names and individual gift amounts. However, a search on the Wayback Machine, a historical webpage snapshot service provided by the Internet Archive, shows that as of March 12, that disclosure section had not yet been created.

It’s possible that it was created as a result of questions raised. Larry Bush, who maintains a government watchdog news site called CitiReport, told the Guardian he began raising questions about the gift in March. Marsteller’s complaint is endorsed by Friends of Ethics, an ad hoc government accountability group that has also been scrutinizing the furniture payments.

Reached by phone, City Attorney spokesperson Matt Dorsey said he was unable to offer an official comment on the matter. “I wouldn’t be able to comment on, or even acknowledge whether, we gave advice or were asked for advice,” Dorsey told the Guardian.

Airbnb’s tax and tenant law violations headed for hearings

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As Airbnb continues to avoid making any public comment on the $1.8 million annual Transient Occupancy Tax obligation to the city that it appears to be dodging, with the complicity of the Mayor’s Office, Board of Supervisors President David Chiu is getting closer to introducing legislation to regulate so-called “shared housing” and holding public hearings on the issues it raises.

In addition to the tax issue, there are concerns that Airbnb, VRBO.com, and other Internet-based sites that facilitate short-term rentals of San Francisco apartments are increasingly being used to circumvent local tenant protections, often after evicting tenants from the apartments using the Ellis Act. That state law allows owners to leave the rental business and convert to other uses, and landlords can argue that Airbnb is a commercial use and not a residential use.

“I’ve been deep into a lot of these issues in my conversations with a lot of community stakeholders around Airbnb and the area of shareable housing and I’m hoping very soon to have a package of proposals in this area. And at that point, we’ll have public hearings on the topics that you describe,” Chiu told us when we asked about the tax and tenants issues.

Among those involved in Chiu’s negotiations with Airbnb is Ted Gullicksen, executive director of the San Francisco Tenants Union, who says the negotiations have been slow-going but he’s generally happy with how they’re proceeding and hopeful that the resulting legislation will rein in rampant current abuses of zoning, tax, and other regulations that city officials have been ignoring.

“All you have to do is sit in front of the computer for a few hours and you can identify a lot of the lawbreakers. But there’s no enforcement by the city,” he said, noting that the Tax Collector’s Office is the notable exception among city departments, such as the Planning and Building departments. “The taxes shouldn’t even be an issue because they’re illegal uses.”

For example, while landlords may be able to get around rental restrictions triggered by an Ellis Act eviction by calling the use for shared housing websites “commercial,” that’s usually a violation of local planning codes prohibiting commercial use of residential property. Chiu’s legislation approved late last year banning “hotelization,” in which entire apartment buildings are cleared of tenants and rented out on a short-term basis, allows nonprofit groups like the Tenants Union to help enforce the ban.

“We’ve been researching the buildings we want to go after with complaints and lawsuits,” Gullicksen said. “It’s a pretty widespread problem.”

He said the VRBO.com appears to be a bigger culprit in terms of being used by landlords to avoid tenant protections than Airbnb, whose hosts are evenly split between tenants and landlords. But as the biggest shared housing service in San Francisco, the tax issues are bigger for Airbnb and the city.

“We don’t mind the limited use of someone’s principal residence for short-term rental, where we’re concerned is about the whole buildings,” Gullicksen said.

Whether the issue is avoiding taxes or circumventing tenant protections, the complicated issues surrounding shared housing are long overdue for some public discussions and scrutiny, and it sounds like that’s what we’re see later this spring or summer.

Reagan’s legacy: Homeless death

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The headline on sfgate is about as brutal as you can get: “The coming homeless die-off.” But the brief story points to an alarming set of statistics: The median age of homeless people on the streets of US cities is now 53. The life expectancy for homeless people is 64. You get the point.

But here’s the key political element:

Social scientists say the median age has been steadily increasing for many years, supporting the “big bang” theory that many of today’s street people hit the gutter back in the 1980s era of recession and slashings of social programs.

Having lived through the Reagan Era, and worked with homeless people in the early 1980s at the Haight Ashbury Switchboard, I can tell you that makes perfect sense. Vast libraries of books have been written about the Reagan Era, but one of the things it represented was the end of major federal support for low-cost housing in cities — and the end of any concept of linking welfare payments to the cost of housing.

There were a lot of people living on General Assistance and SSI in San Francisco in the late 1970s, and most of them had homes. That’s because public assistance programs provided enough income to cover the rent on a cheap place. Between GA and food stamps, people who were, for whatever reason, unable to work wound up in crappy apartments and sometimes crappier SROs, but they weren’t on the streets.

Yes: Some of those people had serious substance-abuse issues. Yes: SSI and GA checks were going, in part, for drugs and booze. But even ignroing the notion that it’s much better for a drunk to have an SRO room than to be homeless, it’s also cheaper. San Francisco spends a fortune on homeless services, and if the feds (and the City and County) had indexed public assistance to the cost of housing (which happened pre-Reagan) the toll on the local taxpayers would almost certainly be lower.

So Reagan’s policies are now killing people on the streets of San Francisco. All these years later.

 

 

Sutter/CPMC agrees to a contract with its nurses in SF, clearing the path for its hospital deal

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Ending a long and contentious labor impasse and setting the stage for the city to approve the pair of new hospitals that Sutter Health and its California Pacific Medical Center affiliate want to build in San Francisco, the California Nurses Association today announced that it has reached a tentative contract agreement with the hospital corporations.

As we’ve reported, reaching a deal with its nurses seemed to be the last major hurdle for Sutter/CPMC to overcome before the community-labor coalition would fully support the compromise hospital deal that a city-CPMC negotiating team announced on March 5. The nurses helped force that hard-won deal in part by aggressively advocating for St. Luke’s Hospital to remain financially viable and open to the low-income community it serves.

“We are delighted to finally reach a contract deal. It’s been six years of a very contentious relationship,” Eileen Prendiville, a registered nurse who works at CPMC’s California Campus, told the Guardian. She said that the nurses are thrilled to have attained good job security and patient advocacy standards while ensuring St. Luke’s stays open. “Working with a coalition of labor and community, we were successful at changing the face of healthcare in San Francisco.”

Under a previous agreement reached last year between CPMC and the Mayor’s Office, St. Luke’s would have had just 80 beds and could have been closed if the corporations revenues sagged. But activists and the Board of Supervisors were able to kill it and force the corporations back to the bargaining table.

In today’s print edition of the Guardian, I cover the movement to value caregiving in our uncaring economic system and the key role that CNA has played has in that growing movement. In San Francisco, CNA has faced down lawsuits, lock-outs, and harsh union-busting tactics as it pushed for contracts with strong patient advocacy protections.

Sup. David Campos, who help negotiate the latest hospital deal, said he was “thrilled” to hear Sutter/CPMC reached a deal with CNA. “We’ve always said it’s really important as we finalize the agreement that there is protection for the workers,” Campos told us.

Board President David Chiu, another key negotiator in the recent deal, told us, “I’m tremendously excited that there’s finally an agreement between oru nurses and CPMC, and thank the parties for their hard work in reaching this point. Along with the agreement we recently arrived at for the new Cathedral Hill and St. Luke’s campuses, this is an important moment for our city’s health care futue.”

CPMC spokespersons didn’t immediately respond to our calls for comment, but we’ll update this post if and when we hear back. The CNA press release announcing the deal and its details follows:

 

 

Nurses Reach Agreement with Sutter California Pacific

RNs Hail Community Support, Decision to Keep St. Luke’s Open 

 

Registered nurses at two San Francisco Sutter hospitals, California Pacific Medical Center and St. Luke’s Hospital, have, at long last, reached agreement with hospital officials on a new collective bargaining contract for the 800 RNs who work at the two facilities, the California Nurses Association said today.

The agreement expands patient protections, strengthens the nurses’ bargaining and job security rights, and provides for economic gains. It must still be ratified by CPMC and St. Luke’s nurses who will vote on the pact in membership meetings soon.

The RNs emphasized that they are especially pleased with the overall political and community framework, announced earlier this month, that preserves St. Luke’s after years of uncertainly and threats of closure for the historic hospital that serves a medically underserved community in San Francisco.

CNA Executive Director RoseAnn DeMoro praised the unity of the nurses over the long contract fight and the broad public support for nurses as critical to protecting St. Luke’s and winning a new agreement for the nurses.

“San Francisco nurses have worked extremely hard, with the widespread support of a very broad community coalition and the support of a number of community leaders, including members of the Board of Supervisors, to protect this vital community resource. We are proud of the efforts of everyone who has held the line for maintaining St. Luke’s,” DeMoro said.

For the first time, the RNs at both hospitals will be under one contract with equal job security and seniority rights. The pact includes safe patient handling provisions to stem patient falls and injuries to patients and nurses. Additionally it obligates the employer to provide for meal and rest breaks and stipulates that new technology not supplant RN professional judgment.

On economics, all the RNs will receive across the board pay increases of 6 percent over the next 34 months, as well as additional pay based on years of service in the San Francisco hospitals, at other Sutter facilities, and foreign nursing experience.

“We are delighted to finally reach a contract settlement with Sutter/CPMC,” said California Pacific campus RN Susan Blaschak RN.  “Our contract provides for continued patient advocacy and will keep our professional nursing standards high for years to come.”

“The process has been tumultuous but in the end we had a vision and we were successful in performing the ultimate in patient advocacy – saving St Luke’s,” said Jane Sandoval, a St. Luke’s RN and CNA board member. “In addition, with our collective bargaining agreement we have preserved patient care standards, having a voice in that and in our professional integrity.”

“Working with a coalition of labor and community groups, we have been successful in changing the face of healthcare for San Francisco’s future. St Luke’s will not only remain open it will offer more healthcare services to residents in the community south of Market,” said Eileen Prendiville RN at the California Pacific campus of CPMC.

“Our contract settlement was also made possible by the strong support for the nurses by San Franciscans for Healthcare, Housing, Jobs and Justice as well as elected leaders who knew San Franciscans overall would be best served by a fair collective bargaining agreement,” said Sandoval.

CNA also calls on Sutter officials in its headquarters in Sacramento, and other Sutter regions to view the San Francisco agreement as a new opportunity to resolve outstanding contract fights with RNs in the East Bay and North Bay.

Nurses have now reached agreement with CNA-represented Sutter hospitals in the past nine months at Mills-Peninsula in Burlingame and San Mateo, Sutter Santa Rosa, Sutter Lakeside in Lakeport, and Sutter VNA in Santa Cruz.

Contracts remain unresolved at Alta Bates Summit in Berkeley and Oakland, Eden in Castro Valley and San Leandro, Sutter Delta in Antioch, Sutter Solano in Vallejo, and Sutter Novato.

“Every one of those disputes could also be resolved if those hospital’s officials would approach negotiations with a desire to stop the war on their nurses, remove unwarranted and punitive concessions demands, and show the community served by their hospitals that they desire a cooperative relationship with nurses based on therapeutic healing for their patients,” said Sandoval.

No golden years for LGBT seniors

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According to studies, queer seniors are poorer than their straight counterparts. They’re half as likely to have health insurance, and two-thirds as likely to live alone. Not to mention facing discrimination in medical and social services, retirement homes, and nursing care facilities. So much for the “golden years.”
Here in San Francisco, LGBT seniors face another grave threat: evictions. Many of our elderly live in rent-controlled apartments that are targeted by real-estate speculators and investors out to make big bucks turning them into tenancies-in-common.

With median rents close to $3,000 a month and vacancy rates low, the odds are pretty good that an evicted senior won’t find an affordable place in the city. For a senior with AIDS, an eviction is especially threatening since our city offers the best treatment and services. Studies show that people with AIDS who lose their apartments tend to die sooner, especially if they become homeless. 

The only LGBT organization that actually addresses the housing needs of queer seniors is Open House. Its 110 units at 55 Laguna will be the first affordable queer senior housing development in the city. I hope it’s not the last. As for seniors with AIDS, there’s only one AIDS organization in the vast list of groups and services — the AIDS Housing Alliance — that actually finds housing for its clients. It was started by Brian Basinger, a gay man with AIDS, after he was evicted and his apartment was sold as a TIC.

No one knows how many LGBT seniors have been, and are being, evicted. Ditto for how many seniors with AIDS end up on the streets. We also don’t have stats on how many transgender seniors are victims of real estate greed or live in absolute terror of losing their homes. 

The Rent Board doesn’t break down its eviction stats by sexual orientation or even age. The city’s homeless count doesn’t mention if someone’s queer or transgender. There is no way to determine how many LGBT seniors live in SROs or with life-threatening conditions such as mold or lack of heat. Or how many live in homes that have been — or are being — foreclosed.

That’s why the housing subcommittee of the city’s LGBT Aging Policy Task Force is holding a hearing into the housing needs and concerns of queer seniors. Information is power.

All LGBT seniors — housed and homeless — are invited to come testify about their housing issues. Whether they live in an SRO or a home that they own, whether they sleep in a shelter or a rent-controlled apartment, whether they’re in a subsidized unit or an illegal in-law, the subcommittee wants to hear from them about their concerns and needs.

The subcommittee will ultimately be making recommendations that will be included in a task force report on what the city can do to address LGBT issues.
LGBT seniors deserve their golden years.

The hearing is Monday, April 1, 9am to 12 noon, room 416, City Hall. Written testimony accepted. For more info, call Tommi at 415-703-8634.
Tommi Avicolli Mecca is a longtime queer and tenants rights/affordable housing activist who works for Housing Rights Committee. He is a member of the LGBT Aging Policy Task Force.

Fighting for patients, beyond the bedside

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It’s no coincidence that the California Nurses Association has been the most active and effective union in fighting for a broad social and economic justice agenda, one that seeks to give greater value to caring and caregiving. Unlike many unions that fight mostly for their members’ interests, CNA is an extension of the nursing ethos itself.

“It’s not enough to advocate for patients at the bedside. We take it out into the streets and the community. That’s what nursing is,” Zenei Cortez, an RN of 33 years and co-president of CNA, told us. The CNA agenda has included support for increasing taxes on the wealthy to restore cuts to social services, advocacy for a single-payer healthcare system, affordable housing, and some of the best and sharpest opposition to the gubernatorial ambitions of Meg Whitman, who proposed deep cuts to state spending on education and other essential programs.

“We have a health care system that only cares about profits and nothing else,” said Chuck Idelson, who heads the communications staff that works for the nurses, “which is why you need people who value care over profit.”

And that’s the nurses, who have been growing in both numbers and political strength just as the healthcare profession has increasingly fallen under the sway of Wall Street and its values, making CNA an important political force.

“When I first started in nursing, we had a lot of time with our patients at the bedside,” Cortez told us. “But now, that human factor has disappeared.”

Nurses first began to flex their power early in Cortez’s career when “nurses were thought to be the handmaidens of doctors. But we were able to change that mentality,” one that was rooted in sexism and old domination-based models.

After the doctors, the nurses stood up to the healthcare corporations, winning statewide minimum patient care staffing ratios and contracts for themselves that gave them a stronger voice in patient care. As the Occupy Wall Street movement took root two years ago, CNA and its larger National Nurses United launched its Main Street Campaign to push people’s interests over those of the wealthiest 1 percent of Americans. “We have to have partnerships with our patients,” Cortez said. “The companies only care about the bottom line…We are not afraid to fight, particularly because we know it’s not for our own jobs, but for the good of our communities.”

The “mystery” of the homeless families

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The Chron’s having a hard time figuring out why there are so many more homeless families looking for help.

“It’s been difficult to pin down any kind of trend,” said Elizabeth Ancker, assistant program director at the nonprofit Compass Connecting Point, the group that manages the waiting list and helped find Bailey a shelter room. “We’re really just seeing more of everybody – every demographic, in every situation.”

No shit.

Of course there are more homeless families. The cost of housing is beyong the reach of even many full-time employed people, and anyone who lacks a sizable weekly paycheck is completely out of luck. When dozens of high-paid workers are competing for every single available apartment, there’s no room at all for anyone else.

And more and more families are losing their homes to eviction as landlords seek to cash in on the demand for tenancy-in-common units.

Gavin Newsom calls it “the burden of success.” But it’s not a burden for the successful; it’s a burden for those who are struggling — and this city has never asked the winners in the economic boom to pay a fair share to help those who are being displaced and hurt.

The city’s scrambling to find public-housing and nonprofit alternatives, but there aren’t anywhere near enough places to meet the need. And there won’t be, not for a long time, not without a whole lot more money. Building affordable housing is expensive and time-consuming.

The bottom line: In a crisis like this one, the cheapest affordable housing is existing affordable housing, and the best way to prevent homelessness and keep families off the streets is to prevent evictions and TIC/condo conversions. Why the Chron can’t figure that out is anyone’s guess.

The real CPMC story

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OPINION The recently announced terms for the development of California Pacific Medical Center’s hospitals at Cathedral Hill and St. Luke’s generated front-page and lead stories in the local news media. But nearly without exception, only part of the story was reported. Missing from most accounts of the terms of the new deal, which dramatically changed last year’s failed draft development agreement negotiated by Mayor Ed Lee, was the decisive role played by a community/labor coalition, San Franciscans for Healthcare, Housing, Jobs and Justice.

Key details of the agreement have yet to be finalized, and provisions of the terms announced on March 5th need to be improved. But the new agreement, in virtually all respects, is an improvement over the old one. And on the same day the terms of the new deal was announced one of the union members of the coalition, the National Union of Healthcare Workers signed a contact with CPMC that protected union organizing rights, job security at Cathedral Hill and full employer paid health care — issues that had been unresolved over the last few years. Still missing is an ageement between Sutter and its nurses, a critical component of labor peace.

The basic structure of the current terms mirror almost exactly the positions outlined by the SFHHJJ over the last year, including a requirement for labor peace with all unions at CPMC. This was no accident; it was the result of the efforts of the community/labor coalition. When the old deal was stalled at the Board of Supervisors in early 2013 and it was clear that the Mayors Office had no idea how to proceed, the members of the coalition came up with a framework to get discussions going again. The key ingredient was the involvement of a skilled an knowledgeable mediator, mutually respected by all parties and the participation of Sutter Corp. in Sacramento — the real party able to make actual binding corporate commitments, not the subsidiary the mayor had dealt with.

The second step was to agree to a framework of issues that would form the substance of negotiations — and the coalition’s own comprehensive set of positions served as that framework.

The next step was to get a critical mass of supervisors to agree to participate in the negotiations. Two Supervisors, David Chiu and David Campos, agreed to the coalition’s framework and the use of a third-party mediator. They added a third supervisor, Mark Farrell, to their group in order to assure buy-in from the full board.

Finally, the mediator had to be found and in that the coalition (and the rest of the city) simply were lucky that Lou Girardo was willing and able to provide his own special skills and credibility.

The SFHHJJ is not the first community/labor coalition in San Francisco history. Such coalitions were present in both the District 1 and District 5 supervisors races last year with mixed success, and in 2008 a community/labor coalition fought for revenue measures, again with mixed success but real unity. A new labor/community coalition has emerged to oppose Scott Wiener’s ill-advised weakening of our local California Environmental Policy Act procedures.

As the Democratic Party transforms itself into ever greater political irrelevancy by becoming the home of moderate Republicanism at all levels of government, community and labor co-operation seems to be growing over an increasing number of issues, showing a level of political vibrancy impossible to ignore.

Calvin Welch is a longtime community organizer in San Francisco and is a member of the SFHHJJ CPMC Negotiating Committee

CPMC deal gets warm welcome despite some shortcomings

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Even though the Board of Supervisors unanimously approved the term sheet for the California Pacific Medical Center’s hospital deal this week, comments from the supervisors and the general public indicated there are still a few outstanding issues before the project returns to the board for final approval, probably in July.

As the Guardian recently reported, CPMC’s longstanding contract impasse with the California Nurses Association remains the biggest sticking point even for many labor-community coalition members who helped hammer out the deal that was announced last week. James Tracy of the Community Housing Partnership told the supervisors that he was almost ready to uncork the champagne and celebrate, “but I’m holding off until there is labor peace with the nurses.”

New District 5 Sup. London Breed went on extended tirade ripping into the hard-won compromise plan, voicing support for the nurses, wanting more specifics on how affordable housing money will be used, calling for more money for job training to support the plan’s local hiring standards (“I need to know how this is going to transfer into support for Western Addition residents,” and concluding that she’s generally supportive of the deal but “I will reserve final judgment.”

Calvin Welch of the Council of Community Housing Organizations echoed Breed’s concern that the $36.5 million in affordable housing funds will be paid into the Mayor’s Office of Housing’s general pot rather than be set aside for specific projects. “We are very concerned with how this multi-faceted program will unfold,” Welch said, asking that COCHO be included in decisions about how the money from CPMC gets used.

Sup. Scott Wiener decried how the new deal’s $14 million in transportation impact fees is 30 percent less than the ill-fated previous deal – the result of a significantly smaller footprint of the Cathedral Hill Hospital – saying, “Once again transit comes out on the short end.”

The change called for by more supervisors than any other is an increase in job training funds to support the guarantee that 30 percent of construction jobs and 40 percent of permanent entry level jobs go to San Franciscans. Even though job training funds were doubled to $4 million under the new agreement, some supervisors and activists say that’s not enough.

“That’s a big improvement, but it’s still not enough, given the type of training needed for low-income San Franciscans to be able to work in the hospitals,” Gordon Mar of San Franciscans For Healthcare, Housing, Jobs and Justice told the Guardian.

Yet even with all these gripes and picking of nits, which will play out as the development agreement is prepared and goes through the Planning Commission approval process starting in May, the consensus across the ideological spectrum seems to be that this is a good deal for the city that is likely to be approved if CPMC can reach a contract with CNA

And all hailed it as a vast improvement over the deal CPMC cut last year with the Mayor’s Office, offering a lesson for city officials who are now negotiating other big deals, such as the Warriors Arena proposal. As Sup. John Avalos said at the hearing, “I remember a statement form the Mayor’s Office last year that this is the best we can get. I think we always need to challenge that.”

SEIU 1021 employees authorize strike as its clash with the city goes to arbitration

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[UPDATE: The two sides reportedly reached a tenative agreement over the weekend]. Service Employees International Union Local 1021, which represents most city employees in San Francisco, continues to fight both internal and external challenges, with its own staff employees overwhelmingly authorizing a strike just as the union battles the city over pay equity issues.

As we reported last month, SEIU Local 1021 organizers, researchers, negotiators, and other professional staff, represented by Communication Workers of America Local 9404, have been without a contract since last fall and they’re resisting concessions to their pensions and health care benefits that President Roxanne Sanchez and her leadership team are seeking.

After several cancelled negotiating sessions between the two sides (which haven’t met since our story was published), CWA last week called for a strike authorization vote that was approved by 94 percent of voting members. CWA Area Director Libby Sayre and Nick Peraino, a CWA shop steward at Local 1021, say the vote repudiates Sanchez’s characterization that it is a small but vocal group that is unhappy with management.

“We’re very much united in our position and our willingness to do what it takes to get a decent contract,” Peraino told us. Sayre told the Guardian, “There is widespread sentiment they’re being low-balled by management.”

The two sides are scheduled to meet tomorrow (Fri/15), and Sayre told us the likelihood of a strike “depends on what management’s attitude is tomorrow.”

Sanchez and her core leadership team, including Vice President of Politics Alysabeth Alexander (both she and Sanchez are on leave from their jobs at Tenderloin Housing Clinic) and Larry Bradshaw, the vice president for the San Francisco region, last week won decisive re-election victories, indicating they have strong support from members.

Sanchez didn’t return a phone call seeking comment, but Local 1021 Political Director Chris Daly told us that he expects the dispute with employees to be resolved without a strike. “We have reason to believe it’s a tactic before they come to settle,” he said. He also questioned how many people voted in the election, and Sayre hasn’t returned our call with that follow-up question.

Meanwhile, Sup. John Avalos last week held a hearing before the Land Use and Economic Development Committee on Local 1021’s dispute with the city over a proposal by the Department of Human Resources to unilaterally lower the salaries on new hires in 43 job categories. Such changes were allowed in hard-won contract that the union negotiated with the city last year.

City officials say the salaries are too high based on a survey of similar positions in other Bay Area cities and counties, but the union has cast it as a pay equity issue, noting that the jobs are disproportionally held by women and minorities and they were deliberately increased in the ’80s and ’90s to offset historical institutional sexism and racism.

But pay equity provisions were removed from the City Charter during its 1997 revision, and Avalos has indicated he may sponsor legislation to address the issue. But in the meantime, Daly said appeals to Mayor Ed Lee to weigh in have been ignored and DHR officially submitted its pay reduction proposal to the arbitrator in the dispute on Monday.

So stay tuned, folks, San Francisco’s biggest labor union has a lot of the table right now and we’ll let you know how it turns out.

Editor’s Notes

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tredmond@sfbg.com

EDITOR’S NOTES I wasn’t invited to the meeting where Mayor Ed Lee (and Willie Brown and Rose Pak) sat down with representatives of Lennar Corp. and a Chinese investment consortium to try to finalize a deal for Treasure Island. But I can tell you with near-absolute certainty that what comes out will not be good for San Francisco.

I can tell you that because every major project the mayor has negotiated has been bad for the city.

The way the California Pacific Medical Center project came down is a perfect example. The mayor worked directly with Sutter Corp., which owns CPMC, last spring, and in March, came out with a proposal that he and his allies presented as the best the city and the hospital giant could do.

It was awful.

CPMC would pay nowhere near enough in housing money to offset the new jobs it was creating. St. Luke’s, the critical public health link in the Mission, would be cut to 80 beds, below what it needed to be sustainable. Only about five percent of the 1,500 new jobs would go to existing San Francisco residents.

It was also pretty much dead on arrival at the Board of Supervisors, where a broad-based group of community activists pushed for big changes — and won. Sups. David Campos, David Chiu, and Mark Farrell stepped into the void created by a lack of mayoral leadership and forced Sutter to accept a much better deal, with St. Luke’s at 120 beds, vastly increased charity care, a guarantee that 40 percent of the new jobs will go to San Franciscans, and a much-better housing and transit component.

The mayor got rolled; he was ready to accept what everyone with any sense knew was better for Sutter than for his constituents. He clearly didn’t know how to say what the supervisors said: This won’t work, and we’d rather walk away from the whole deal than accept a crappy outcome.

That’s exactly what’s going on with the Warriors’ arena — the mayor is giving away the store. And he, with Brown and Pak at his side, will do the same at Treasure Island.

The balance of power in the city is moving to the board. And for good reason — the supervisors seem to be able to get things done.

Supervisors approve Western SoMa Plan, rejecting expanded office development

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The Board of Supervisors today approved the Western South of Market Community Plan, the first step to ending a development moratorium that has been in place since the citizen-based planning process that developed the plan began in 2005, but not before some supervisors made a last-ditch effort to allow more office development and nightlife.

“I have real concerns over the plan,” Sup. Scott Wiener said as the plan came before the full board for the first time, continuing an effort to modify the plan that he began a few weeks ago when it was before the Land Use and Economic Development Committee.

While some of Wiener’s colleagues echoed his concerns and those raised by the business and entertainment communities, most decided to defer to the area’s Sup. Jane Kim and the Western SoMa Task Force that developed the plan. It was approved on a 10-1 vote, with Wiener in dissent. It will guide development and set land use rules for the Western SoMa area after being approved on second reading by the board next week.

Wiener led the critique of the plan’s restrictions on office development in most of the plan area, particularly around the transit hub of 4th and King streets, concerns that were echoed by Sups. London Breed and Malia Cohen, likely indicating that the business community has been lobbying supervisors on the issue.

But Kim said she is concerned about the area’s artists, nonprofits, and light industrial businesses – dubbed Production Distribution and Repair (PDR) in the city planning code – being squeezed out if the area is opened up to more office development.

“Office space is hot right now and it’s pushing out PDR uses,” Kim said. “Zoning is an importance tool, otherwise everything will turn into offices in South of Market.”

Wiener, Breed, and other supervisors also sounded their support for the entertainment community that has lobbied for changes in the plan, winning greater protections for nightlife at earlier hearings – including a ban on residential development on the raucous 300 block of 11th Street and persuading owners of “the purple building” to switch from residential to office – pushing for removal of more of the plan’s restrictions on attaining limited live music permits.

“I also have some real concerns with how the plan treats nightlife and entertainment,” Wiener said, while Breed said, “As a big supporter of the arts, I’m concerned there are limited live performances in the plan.”

Kim noted that the plan tried to strike a balance in the conflict between nightlife and housing, and she said that expanding the ability business in areas zoned Regional Commercial District (RCD) shouldn’t be done in just in a part of town where there conflicts have often been difficult to resolve.

“If you’re going to permit it in the RCD areas, it should be citywide rather than just in Western SoMa,” Kim said, noting that she’s open to futher discussions after the plan is approved.

Sup. David Campos and other supervisors urged their colleagues not to tinker with the compromises and hard-won balance in the plan. “I’m not 100 percent happy with every aspect of the plan, but I do think some deference should be given to the district supervisor,” Campos said.

Wiener agreed that deference to the desires of district supervisors is an important consideration, “but there are times when this board does not vote the same as their supervisors,” citing as an example the board’s approval of the controversial 8 Washington luxury condo project over the objections of Board President David Chiu.

Afterward, Terrence Alan of the California Music and Culture Association, which had lobbied for expanded protections of nightlife, told us, “Entertainment as a whole fared well.” But he said that they would continue pushing for greater citywide nightlife protections, including supporting Wiener’s proposal to expand the limited live music permits to include DJs.

The 8 Washington shit show

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The latest problem with the 8 Washington condo project emerged March 12 when the Chron reported on a new study that shows construction of the most pricey condos in San Francisco history could threaten a major sewer line that serves a quarter of the city. That report, which is pretty scathing, came the same day the SF Public Utilities Commission voted to sign off on environmental approvals and sewage easements that would allow the developer to move forward with preliminary design work — even though the project will be the subject of a voter referendum in November.

The engineering report says, among other things, that construction on the project (involving significant excavation and the driving of 100-foot pilings) could cause the ground around a main sewer pipe to shift by as much as 5 1/2 inches, when “the normally accepted limit for tolerable ground movement is less than an inch.” That’s kind of a problem, since the North Force sewer pipe handles an awful lot of shit, and would be very expensive to repair.

There’s also an underground sewage vault that could be damaged by the construction work.

And the developer isn’t helping much. As Brian Henderson, chief engineer for the PUC, told the commissioners, “we’ve agreed to disagree about these issues.”

In other words, the 8 Washington folks are giving the city a big FU — and still asking for approval to begin work on a project that more than 30,000 voters insisted go on the ballot first.

That ought to be enough reason for the commission to put this whole thing on hold, wait until some more studies are completed (and the PUC engineering staff is satisfied that the developer won’t shatter a sewage main). After all, no construction work can begin until after November anyway; what’s the rush?

Well, Commissioner Francesca Vietor asked that very question: What happens if we say no? General Manager Harlan Kelly hemmed and hawed. Assistant General Manager Mike Carlin said the developer “would have no incentive” to work on a better design. And all of the PUC senior staff said there’s no reason to worry, since this would all come back again once negotiations with the developer are completed.

Oh, and by the way, they said, the Port of San Francisco has asked for this. (Actually, no: According to Sup. David Chiu, Port officials have said they do not intend to push for any preliminary approvals for 8 Washington until after November.)

Carlin insisted that there was no reason to be concenred about the data in the report that the city had commissioned and spent more than $100,000 on. “We are very diligent about protecting our infrastructure,” he said, adding that existing building codes protected the city’s interests anyway. See, if your neighbor digs a new foundation and screws up your foundation, your neighbor has to pay to fix it.

So no worries; about 200,000 San Franciscans might be unable to flush the toilet for a while, but in the end, the developer (a limited liability company controlled by Simon Snellgrove) will be on the hook for the repairs, after the lawyers are all done fighting it out.

In fact, the very concept that the commission might not go along with this deal seemed foreign to Carlin, who from the beginning talked about “what you will be approving today” — as if the votes were already lined up and his job was just to instruct the puppets so they understand what they’re supposed to be doing.

Among the items the commission “would be approving:” a change in the environmental findings related to design changes that, by the way, might make the sewage problem worse. The PUC staff found that the changes would have no impact on the environment; that finding came two days before the sewage report arrived.

And, of course, as land-use lawyer Sue Hestor noted, the environmental documents alone are 125 pages. “When did you get them, and when did you get a chance to read them,” she asked. None of the commissioners answered.

In the end, there were no surprises — Commissioner Ann Moller Caen made the motion to approve, Commissioner Anson Moran seconded, and on a voice vote, the deal was approved.

Now let me predict what’s going to happen. Kelly and the PUC staff will negotiate with Snellgrove and come back and tell the commissioners that they still don’t have the assurances they need, not really, but there’s no choice any more because the PUC already voted to approve the environmental findings and the easements, and the developer has spent millions on design changes, and now it’s too late to go back.

That’s how things work in this city.

And when, as I predict, the voters kill this whole thing in November, the PUC is going to look foolish.

 

 

Nurses still waiting for CPMC to fully embrace San Francisco

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Labor and community activists cheered this week’s news of a much-improved deal between the city and California Pacific Medical Center to build two new hospitals in San Francisco, and there are hopeful signs that frosty local relations with this sometimes-stubborn corporate behemoth may improve. But they also say they are withholding full support for the deal until CPMC reaches a contract agreement with the California Nurses Association.

CPMC and its parent, Sutter Health, have had a nasty running battle with CNA over the six years since their last contract expired that has included strikes, lockouts, lawsuits, harsh union-busting tactics, and the pooling of bad blood on both sides. But CPMC announced a labor agreement with its other major union, National Union of Healthcare Workers, on the day after the hospital deal was announced and there are signs that a deal with CNA could also be imminent.

“We’ve made some progress and we have the makings of a settlement on the table, but we’re not there yet. Yet now is the time,” Fernando Losada, CNA’s collective bargaining director for California.

It was CNA and other labor groups that effectively partnered with community organizations and progressive members of the Board of Supervisors last year to kill the hospital deal that CPMC cut with the Mayor’s Office and to force the much-improved agreement that was announced on Tuesday. “It’s all about necessity and their being able to implement their plans,” Losada said of CPMC’s designs on San Francisco. “Obviously, the full of implementation of their plans were thwarted with the help of some good community organizing.”

And Losada said he expects that labor-community coalition to stand firm on expecting CPMC to reach a fair agreement with the nurses, who are seeking more job security and benefit concessions than CPMC has been willing to make so far.

“The successful community organizing that we played an active role in putting together has had a lot to do with them being more forthcoming at the bargaining table,” Losada said. “We like where this has ended up, particularly on the St. Luke’s [Hospital] issue [guaranteeing a larger and more viable new hospital than originally proposed]. But we can’t support this wholeheartedly and we won’t if our nurses are left out in the cold.”

Gordon Mar of San Franciscans for Healthcare, Housing, Jobs, and Justice, which formed up around the CPMC negotiations with the city, said that most community groups will also insist on CPMC reaching an agreement with CNA before the project moves forward.

“A contract for CNA is the last remaining big issue the coalition would like to see resolved,” Mar, who also works with the labor group Jobs With Justice, told us. “We at Jobs With Justice would not support the deal unless the CNA dispute is resolved.”

Paul Kumar, a consultant with NUHW who represented the coalition during the negotiations between CPMC and the city, as represented mostly by Sups. David Campos, David Chiu, and Mark Farrell, said he was happy to see CPMC reach agreements with the city and NUHW, but that it’s too soon to conclude the corporate has turned over a new leaf.

“I think it’s premature because relationships take a long time to transform themselves, but there are transformative moments, and it’s our duty to make the best of them. This may be one of them,” Kumar told us. “They’re obviously now trying to pursue their business interests in alignment with their community instead of without regard to their community, which has characterized their behavior in the past.”

Kumar said the coalition that overcame last year’s aggressive and uncompromising effort by CPMC to push through a deal that was bad for the city has learned a lot from that fight and evened out the playing field. “It’s up to us to try to build on their breakthrough,” Kumar said.

CPMC spokesperson Dean Fryer was unable to put the Guardian on contact with Sutter officials that our sources say may be responsible for the softening of CPMC’s tough negotiating stance in San Francisco, or to offer a comment on the changing dynamics in the company.

He stressed that CPMC has “a lot of interface with various communities in San Francisco” and said the company “does more charity care than anyone in San Francisco.” But he’s only been with CPMC for a few months and was unaware of studies last year showing CPMC actually does the least per-capita charity care of any hospital in San Francisco, a major point of controversy that resulted in improved charity care commitments in the latest agreement.

As for the prospects of an agreement with its nurses, “I can’t address CNA, that has been ongoing and it’s something I can’t comment on.”

NUHW – which represents medical technicians, administrative staff, and hospital workers other than nurses and doctors – announced that it reached a deal with CPMC at 12:30am on Tuesday that includes no labor concessions, retroactive wage increases, job security provisions, fully employer-paid health coverage, an improved pension, and maintenance of retiree health coverage.

Losada said he was happy to see the CPMC agreement with the city include strong local hiring requirements for construction workers, a predominantly male workforce, and now it’s time for CPMC to do right by its nurses, “an overwhelmingly female workforce.”

“As it stands, they have no protections and no guarantees they’ll be hired in the new facilities,” he said, noting how frustrating it’s been to get any assurances from CPMC as it has pursued this hospital deal over many years. “It’s always been about issues of job security, and affordable health care, ironically.”

Condo conversion compromise in the works despite Realtors’ resistance

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[UPDATED BELOW] Negotiations between tenant advocates and real estate interests (including the political advocacy group Plan C) over the controversial condo lottery bypass legislation haven’t gone well or found common ground. But sources tell the Guardian that Sup. Jane Kim and Board President David Chiu, who has been mediating the dispute, are preparing to introduce compromise amendments that have the support of the San Francisco Tenants Union and other tenant advocates if a deal can’t be worked out with real estate interests.

Details are still being hammered out with advocates and the City Attorney’s Office, so the hearing scheduled for this Monday at the Land Use and Economic Development Committee will likely be postponed until March 25. But the basic deal is to allow the roughly 2,000 tenancies-in-common now seeking to convert into condos to do so in exchange for a long moratorium on new condo conversions, possibly indexed to construction of new affordable housing for the renters who comprise nearly two-thirds of San Franciscans.

The original legislation by Sups. Mark Farrell and Scott Wiener is being strongly backed by both current TIC owners who want the ability to refinance and Plan C and other real estate interests that want to continue converting ever more rent-controlled apartments into condos, rather than abiding the city’s current limit of 200 per year, awarded through a lottery system. The SFTU has strenuously resisted opening up those flood gates, but it’s open to clearing out the backlog in exchange to shutting the gates for awhile (see my story in this week’s Guardian for more on the political dynamics surrounding this issue).

“We’re hopeful that a majority of the board will support amendments which will significantly protect tenants and which will allow a version of the Wiener-Farrell legislation to be approved,” SFTU head Ted Gullicksen told us.

Progressives on the board oppose the legislation as currently written, and the swing votes are thought to be Sups. London Breed (which Plan C supported in the last election in exchange for what it says was her promise to support more condo conversions, an assurance she denies making), Norman Yee (who was brought into the Chiu-mediated negotiations), and Malia Cohen, with just one of them needed to force changes to the legislation.

But the real estate interests – including Plan C, the Association of Realtors (whose government affairs director we left a message for and are waiting to hear back from, and we’ll update below if/when we do), San Francisco Apartment Association, and other downtown-based groups – who are pushing for more condo conversions are likely to strongly resist the amendments. They simply want more rent-controlled apartments turned into condos they can sell, period.

Their perspective is reflected in SF Apartment Magazine, put out by the San Francisco Apartment Association, which every month offers advice to real estate investors and apartment building owners on various ways to buy apartment buildings, evict tenants or increase their rents, and convert the buildings to TICs or condos.

It runs a regular column called “TIC Corner” with the latest tricks for financing acquisitions and getting rid of those pesky tenants. In the November 2012 issue, for example, attorney D. Andrew Sirkin wrote excitedly about a new Securities and Exchange Commission rule that will now allow owners to advertise the sale of apartment buildings as TIC/condo investments, which he said “will dramatically ease the regulatory burden for real estate entrepreneurs wishing to raise money for apartment acquisitions and make it much easier to find investors.”

Another feature story in the magazine, “The ABCs of OMIs,” teaches these investors all the tricks for evicting tenants from their buildings, while “Roommate Roulette” offers advice to owners of rent-controlled buildings for keeping new roommates of existing tenants off the lease so they can charge market rate rents as soon as possible.

And, of course, the magazine is filled with ads for San Francisco apartment buildings that are for sale and just waiting to be cleared of tenants and turned into amazing real estate investment opportunities. Gullicksen says it is this mentality, applied to what even Mayor Ed Lee has called the city’s “precious few rent-controlled apartments,” that has animated the opposition to the Wiener-Farrell legislation. SFTU had planned a rally for Monday called “Stop Rent Control Attack,” which has now been postponed until March 25.

UPDATE 3/11: Sup. Wiener got back to us and said, “I hope we can move to a compromise and I don’t want to prejudge that compromise.” Asked about the concept of approving TICs in the pipeline in exchange for halting on all condo conversions for some number of years, he said, “It’s definitely something to explore, a pause in the lottery, and I’m open to that. But the devil is in the details.”

Land of (nearly) 10,000 new movies

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Literally something for everyone this week: pregnant women, environmentalists, Mumia supporters, World War II buffs, Latin American history buffs, Abbas Kiarostami fan club members, German and French-film devotees, and anyone who’s ever dreamed of going over the rainbow (in 3D). I hope you don’t sleep much because this weekend is jammed up with new flicks.

Barbara The titular figure (Nina Hoss) looks the very picture of blonde Teutonic ice princess when she arrives — exiled from better prospects by some unspecified, politically ill-advised conduct — in at a rural 1980 East German hospital far from East Berlin’s relative glamour. She’s a pill, too, stiffly formal in dealings with curious locals and fellow staff including the disarmingly rumpled, gently amorous chief physician Andre (Ronald Zehrfeld). Yet her stern prowess as a pediatric doctor is softened by atypically protective behavior toward teen Stella (Jasna Fritzi Bauer), a frequent escapee from prison-like juvenile care facilities. Barbara has secrets, however, and her juggling personal, ethical, and Stasi-fearing priorities will force some uncomfortable choices. It is evidently the moment for German writer-director Christian Petzold to get international recognition after nearly 20 years of equally fine, terse, revealing work in both big-screen and broadcast media (much with Hoss as his prime on-screen collaborator). This intelligent, dispassionate, eventually moving character study isn’t necessarily his best. But it is a compelling introduction. (1:45) (Dennis Harvey)

http://www.youtube.com/watch?v=doXpyxbSZFs

Birth Story: Ina May Gaskin and the Farm Midwives When Ina May Gaskin had her first child, the hospital doctor used forceps (against her wishes) and her baby was sequestered for 24 hours immediately after birth. “When they brought her to me, I thought she was someone else’s,” Gaskin recalls in Sara Lamm and Mary Wigmore’s documentary. Gaskin was understandably flummoxed that her first experience with the most natural act a female body can endure was as inhuman as the subject of an Eric Schlosser exposé. A few years later, she met Stephen Gaskin, a professor who became her second husband, and the man who’d go on to co-found the Farm, America’s largest intentional community, in 1971. On the Farm, women had children, and in those confines, far from the iron fist of insurance companies, Gaskin discovered midwifery as her calling. She recruited others, and dedicated herself to preserving an art that dwindles as the medical industry strives to treat women’s bodies like profit machines. Her message is intended for a larger audience than granola-eating moms-to-be: we’re losing touch with our bodies. Lamm and Wigmore bravely cram a handful of live births into the film; footage of a breech birth implies this doc could go on to be a useful teaching tool for others interested in midwifery. (1:33) Roxie. (Sara Maria Vizcarrondo)

Dead Man Down Noomi Rapace reunites with her Girl With the Dragon Tattoo (2009) director, Niels Arden Oplev, for this crime thriller co-starring Colin Farrell. (1:50)

http://www.youtube.com/watch?v=4Htr2B1EBj4

Emperor This ponderously old-fashioned historical drama focuses on the negotiations around Japan’s surrender after the bombings of Hiroshima and Nagasaki. While many on the Allied side want the nation’s “Supreme Commander” Emperor Hirohito to pay for war crimes with his life, experts like bilingual Gen. Bonners Fellers (Matthew Fox) argue that the transition to peace can be achieved not by punishing but using this “living god” to wean the population off its ideological fanaticism. Fellers must ultimately sway gruff General MacArthur (Tommy Lee Jones) to the wisdom of this approach, while personally preoccupied with finding the onetime exchange-student love (Kaori Momoi) denied him by cultural divisions and escalating war rhetoric. Covering (albeit from the U.S. side) more or less the same events as Aleksandr Sokurov’s 2005 The Sun, Peter Webber’s movie is very different from that flawed effort, but also a lot worse. The corny Romeo and Juliet romance, the simplistic approach to explaining Japan’s “ancient warrior tradition” and anything else (via dialogue routinely as flat as “Things in Japan are not black and white!”), plus Alex Heffes’ bombastic old-school orchestral score, are all as banal as can be. Even the reliable Jones offers little more than conventional crustiness — as opposed to the inspired kind he does in Lincoln. (1:46) (Dennis Harvey)

Greedy Lying Bastards Longtime activist Craig Rosebraugh (a former spokesperson for radical groups the Animal Liberation Front and the Earth Liberation Front) makes his directorial debut with Greedy Lying Bastards, a doc that examines the climate-change denial movement. The briskly-paced film — narrated in first person by Rosebraugh, and jam-packed with interviews — begins with stories from homeowners devastated by recent Colorado wildfires, and visits a tribal community perched on Alaska’s eroding shores. But while it touches on global warming’s causes, and the phenomenon’s inevitable outcome (see also: 2006’s An Inconvenient Truth), the film’s particular focus is lobbyists who’ve built careers off distorting the facts, leading Tea Party rallies, and chuckling condescendingly at environmentalists on Fox News — and the fat cats who’re pulling the strings: the dreaded Koch brothers, ExxonMobil execs, and others. Rosebraugh owes a hefty stylistic debt to Michael Moore — right down to his film’s attention-grabbing title — and, like Moore’s films, Greedy Lying Bastards seems destined to reach audiences who already agree with its message. Still, it’s undeniably provocative. (1:30) (Cheryl Eddy)

Harvest of Empire This feature spin-off from Juan Gonzalez’s classic nonfiction tome aims to temper anti-immigration hysteria with evidence that the primarily Latino populations conservatives are so afraid of were largely invited or driven here by exploitative US policies toward Latin America. Dutifully marching through countries on a case-by-case basis, Peter Getzels and Eduardo Lopez’s documentary covers our annexing much of a neighboring country (Mexico) and using its citizens as a “reserve labor force;” encouraging mainland immigration elsewhere to strengthen a colonial bond (Puerto Rico); covertly funding overthrow of progressive governments and/or supporting repressive ones, creating floods of political asylum-seekers (Guatemala, Cuba, Nicaragua, El Salvador); and so on and so forth. Our government’s policies were often justified in the name of “fighting the spread of Communism,” but usually had a more pragmatic basis in protecting US business interests. The movie also touches on NAFTA’s disastrous trickle-up effect on local economies (especially agricultural ones), and interviews a number of high achievers from immigrant families (ACLU chief Anthony Romero, Geraldo Rivera) as well as various activists and experts, including Nobel Peace Prize winner Rigoberta Menchu, while sampling recent years’ inflammatory anti-immigrant rhetoric. There’s a lot of important information here, though one might wish it were packaged in a documentary with a less primitive, classroom-ready episodic structure and less informercial-y style. (1:30) (Dennis Harvey)

Like Someone in Love A student apparently moonlighting as an escort, Akiko (Rin Takanashi) doesn’t seem to like her night job, and likes even less the fact that she’s forced into seeing a client while the doting, oblivious grandmother she’s been avoiding waits for her at the train station. But upon arriving at the apartment of the john, she finds sociology professor Takashi (Tadashi Okuno) courtly and distracted, uninterested in getting her in bed even when she climbs into it of her own volition. Their “date” extends into the next day, introducing him to the possessive, suspicious boyfriend she’s having problems with (Ryo Kase), who mistakes the prof for her grandfather. As with Abbas Kiarostami’s first feature to be shot outside his native Iran — the extraordinary European coproduction Certified Copy (2010) — this Japan set second lets its protagonists first play at being having different identities, then teases us with the notion that they are, in fact, those other people. It’s also another talk fest that might seem a little too nothing-happening, too idle-intellectual gamesmanship at a casual first glance, but could also grow increasingly fascinating and profound with repeat viewings. (1:49) (Dennis Harvey)

Long Distance Revolutionary: A Journey with Mumia Abu-Jamal Or, almost everything you ever wanted to know about the guy who inspired all those “Free Mumia” rallies, though Abu-Jamal’s status as a cause célèbre has become somewhat less urgent since his death sentence — for killing a Philadelphia police officer in 1981 — was commuted to life without parole in 2012. Stephen Vittoria’s doc assembles an array of heavy hitters (Alice Walker, Giancarlo Esposito, Cornel West, Angela Davis, Emory Douglas) to discuss Abu-Jamal’s life, from his childhood in Philly’s housing projects, to his teenage political awakening with the Black Panthers, to his career as a popular radio journalist — aided equally by his passion for reporting and his mellifluous voice. Now, of course, he’s best-known for the influential, eloquent books he’s penned since his 1982 incarceration, and for the worldwide activists who’re either convinced of his innocence or believe he didn’t receive a fair trial (or both). All worthy of further investigation, but Long Distance Revolutionary is overlong, fawning, and relentlessly one-sided — ultimately, a tiresome combination. Director Vittoria in person at the film’s two screenings, Fri/8 at 6:30pm and Sat/9 at 3:30pm. (2:00) New Parkway. (Cheryl Eddy)

Oz: The Great and Powerful Providing a backstory for the man behind the curtain, director Sam Raimi gives us a prequel of sorts to 1939’s The Wizard of Oz. Herein we follow the adventures of a Depression-era Kansas circus magician named Oscar (James Franco) — Oz to his friends — as he cons, philanders, bickers with his behind-the-scenes assistant Frank (Zach Braff), and eventually sails away in a twister, bound for a Technicolor land of massively proportioned flora, talking fauna, and witches ranging from dazzlingly good to treacherously wicked. From one of them, Theodora (Mila Kunis), he learns that his arrival — in Oz, just to clarify — has set in motion the fulfillment of a prophecy: that a great wizard, also named Oz, will bring about the downfall of a malevolent witch (Rachel Weisz), saving the kingdom and its cheery, goodhearted inhabitants. Unfortunately for this deserving populace, Oz spent his last pre-twister moments with the Baum Bros. Circus (the name a tribute to L. Frank Baum, writer of the Oz children’s books) demonstrating a banged-up moral compass and an undependable streak and proclaiming that he would rather be a great man than a good man. Unfortunately for the rest of us, this theme is revisited ad nauseam as Oz and the oppressively beneficent witch Glinda (Michelle Williams) — whose magic appears to consist mainly of nice soft things like bubbles and fog — stand around debating whether he’s the right man for the task. When the fog clears, though, the view is undeniably pretty. While en route to and from the Emerald City, Oz and his companions — among them a non-evil flying monkey (voiced by Braff) and a rather adorable china doll (Joey King) — wander through a deliriously arresting, Fantasia-esque landscape whose intricate, inventive construction helps distract from the plodding, saccharine rhetoric and unappealing story line. (2:07) (Lynn Rapoport)

SF approaches 1 million residents

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So the Association of Bay Area Governments, which plays an outsized role in local planning by making all sorts of projections, based on whatever economists and demographers use to make projections, that are supposed to guide how cities in the region make land-use decisions, says San Francisco should be prepared to see its population grow to 964,000 people by 2035.If you figure that’s only an estimate, and probably off by at least five percent, we could be talking about a million people in this city just 20 years down the road.

Now: Some of those people will be coming here for jobs that are being created. Many will be coming here as immigrants from other countries. Many more will be coming because, well, California is growing, and, as the official motto of the old Redevelopment Agency put it, “Omnes Volunt Habitare in Urbe San Francisco.” Everybody wants to live in the city of San Francisco.

ABAG says we’re going to need to build homes and create jobs for all of those people, and the Chron talks about the new private-sector development that’s going on, and the zoning plans the city has adopted to increase density, particularly on the Eastern and Southeastern side of town. (Yes, it’s crazy, but John Rahaim, the planning director, freely admits that 80 percent of all new development is going into 20 percent of the city.)

Before we decide that this is our fate and our future, though, it’s worth considering a few points.

1. San Francisco is already one of the densest urban areas in the US. Last time I check the data, this city was number three on the list, behind Manhattan and Union City, New Jersey. Clearly, urban areas are going to have to get more dense as population increases in this state; the only other option is suburban sprawl, which works for nobody. But I wonder: Should San Francisco take this much more density when Berkeley (for example) doesn’t want it and won’t take it? Should it all go on the East Side when the more suburban-style areas on the West Side don’t want it?

Is there a way to do density that looks more like North Beach — one of the densest neighborhoods in town, and a really great place to live, work, and visit — and less like the highrise forests of Soma, which are unappealing at ground level, discourage neighborhood interaction, and are lacking in human scale?

I don’t want to live in Manhattan. I don’t want Soma to turn into Manhattan. Downtown is bad enough.

2. Nowhere in the Chron article, or in the comments attributed to Rahaim, is there any mention of affordable housing. That’s crazy. The urban planning train wreck that we’re heading for is all about the balance between jobs and the cost of housing. The vast majority of the jobs in San Francisco today do not pay enough to cover the cost of renting or buying a market-rate home. That’s not going to change radically; tourism and government are, and will be, the city’s major industries, even as tech, which pays better, increases.
If the housing that gets built is not in synch with the needs of the workforce, then the workers will be forced to live futher and further away, which leads to exactly the kind of sprawl and transportation problems that this “infill” and increased density is supposed to prevent.In other words: Affordable housing for the workforce prevents sprawl. Market-rate housing for people who live here and commute to work on the Peninsula is not environmentally sound.

3. Density — both in housing and in commercial development — has huge impacts on existing populations, particularly low-income communities. That’s not part of the planning discussion at all, and it really ought to be the starting point.

I know my trolls — I know you well — and I know you’re all going to say that growth and change is inevitable. Sure. But I think of a city first and foremost as a community, as a place where a diverse group of people live. Protecting that is just as important as giving developers and businesses a chance to make money.

Oh, and Rahaim’s comment —  “This (growth) is going to happen whether we plan for it or not” — is wrong. If we don’t build office space and room for new jobs, if we don’t build housing, the growth isn’t going to happen. San Francisco gets to decide what happens on land in San Francisco. Not saying we want to stop (all) growth, but Rahaim is a planner, and he should know: Growth happens when you encourage it and allow it. Growth doesn’t happen in places where you don’t allow it.

There is no growth in Bolinas, because the people who live there don’t want it. There’s less growth in Berkeley, because the people who live there want less. Again: Not the model I want to use. I don’t want to live in Bolinas any more than I want to live in Manhattan. But San Francisco does control our own fate, and we should never forget that.

 

Noise Pop 2013: YACHT, Shock, and Future Twin at Slim’s

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When I went to see YACHT, a couple years ago during the Treasure Island Music Festival, it was playing outdoors in the afternoon, and it seemed like the wrong time and place. Last year at the Fox, the conceptual electropop band seemed stifled by the combination of the large venue and sparse crowd, and also mired by the same lackluster audio conditions that made headliner Hot Chip sound like it was playing underwater. But Saturday at Slim’s, on my last night of Noise Pop, it seemed just…

Fuck, I’ve wandered into the Goldilocks cliché.

Anyway, YACHT likes to keep it personal. Personable? The duo of Jona Bechtolt and Claire L. Evans (bolstered by other band members on tour) affect a borderline cultish air — utopian ideals were all over its last album Shangri-La and lead track, um, “Utopia” — that plays better when the audience is kept close, in a intimate venue.

“Ahhh, your hair is so long!” a woman in the sold out crowd screamed, when singer Evans first appeared on stage during the sound check, dark roots showing under what was previously close cropped and bleached blonde. It struck me as the kind of thing you say to a close friend you haven’t seen in a while. (“She’s much better looking than the last time I saw her,” someone else near me judged later in the show.)

This friendly rapport makes a lot of sense, given how much effort the group makes towards fostering it. Hopping off stage and tangling the crowd up in a mic cord has basically become a rock party trick at this point (probably because it’s an almost foolproof way to charm the crowd). Evans employed it as a starter, but went on to continually flatter fans and solicit questions, indulging in requests for hugs and spare beers. Throughout this course of events, singer, multi-instrumentalist, and YACHT founder Bechtolt competed for the larger cult of personality with a hopped-up glee.

Somewhat listless at the Fox performance, YACHT was nothing but efficient on Saturday. Maybe it was limited on time to begin with, but the set clicked by, highlighted by high-energy renditions of “I Walked Along” and “Utopia” — better than any I’ve heard.

An obvious encore followed (right after Bechtolt assured someone — probably the guy up front waving a sticker sheet and Sharpie since the sound check —that he’d sign anything five minutes after the show was over) with “Ring the Bell,” a super snappy version of shout-along “Psychic City,” and “Second Summer.” It was all done with an intentionality that could be either super endearing to a fan or off-putting viewed as an outsider, but I’m increasingly finding myself group with the former.

Openers

Shock: “We only have two minutes left and our songs are like seven minutes,” singer and bassist Terri Loewenthal of Shock said, after playing three tracks of slinky synth funk with slow vocals and lots of glissando. Five or so minutes later, the ground finished its set and she added, “So that was the short version.” Which was pretty satisfying.

Future Twin: Future Twin was precociously San Francisco, noting that one song was about trying to find affordable housing and cracking dead on delivery jokes about the nudity ban only applying out on the streets. But with dynamic singer and guitarist Jean Yaste  — whose voice recalls equally parts Corin Tucker and Exene Cervenka — and drummer Antonio Roman-Alcala, this band can get away with saying whatever it wants during mic breaks. Its upcoming benefit for the Roxie at the Verdi Club with Thee Oh Sees and Sonny and the Sunsets has it in good company.

Tussle: It’s been three years since I last saw Tussle at Milk Bar, and given the recordings the group released since then I had high expectations to see it much improved. But trouble with setting up a ton of equipment and subsequent delays really hobbled its start, and the group never seemed to quite overcome it. Unintentional tempo shifts seemed common, the double drummers never quite seemed to sync, and the generally structureless songs seemed to only end when every member came to the sudden realization that someone else was cuing them to wrap it up.

Film listings

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Reviewers are Kimberly Chun, Dennis Harvey, Lynn Rapoport, and Sara Maria Vizcarrondo. For rep house showtimes, see Rep Clock.

OPENING

Adventures of Serial Buddies Self-description: “the first serial killer buddy comedy.” (1:31) 1000 Van Ness.

Barbara The titular figure (Nina Hoss) looks the very picture of blonde Teutonic ice princess when she arrives — exiled from better prospects by some unspecified, politically ill-advised conduct — in at a rural 1980 East German hospital far from East Berlin’s relative glamour. She’s a pill, too, stiffly formal in dealings with curious locals and fellow staff including the disarmingly rumpled, gently amorous chief physician Andre (Ronald Zehrfeld). Yet her stern prowess as a pediatric doctor is softened by atypically protective behavior toward teen Stella (Jasna Fritzi Bauer), a frequent escapee from prison-like juvenile care facilities. Barbara has secrets, however, and her juggling personal, ethical, and Stasi-fearing priorities will force some uncomfortable choices. It is evidently the moment for German writer-director Christian Petzold to get international recognition after nearly 20 years of equally fine, terse, revealing work in both big-screen and broadcast media (much with Hoss as his prime on-screen collaborator). This intelligent, dispassionate, eventually moving character study isn’t necessarily his best. But it is a compelling introduction. (1:45) Embarcadero. (Harvey)

Birth Story: Ina May Gaskin and the Farm Midwives When Ina May Gaskin had her first child, the hospital doctor used forceps (against her wishes) and her baby was sequestered for 24 hours immediately after birth. “When they brought her to me, I thought she was someone else’s,” Gaskin recalls in Sara Lamm and Mary Wigmore’s documentary. Gaskin was understandably flummoxed that her first experience with the most natural act a female body can endure was as inhuman as the subject of an Eric Schlosser exposé. A few years later, she met Stephen Gaskin, a professor who became her second husband, and the man who’d go on to co-found the Farm, America’s largest intentional community, in 1971. On the Farm, women had children, and in those confines, far from the iron fist of insurance companies, Gaskin discovered midwifery as her calling. She recruited others, and dedicated herself to preserving an art that dwindles as the medical industry strives to treat women’s bodies like profit machines. Her message is intended for a larger audience than granola-eating moms-to-be: we’re losing touch with our bodies. Lamm and Wigmore bravely cram a handful of live births into the film; footage of a breech birth implies this doc could go on to be a useful teaching tool for others interested in midwifery. (1:33) Roxie. (Vizcarrondo)

Dead Man Down Noomi Rapace reunites with her Girl With the Dragon Tattoo (2009) director, Niels Arden Oplev, for this crime thriller co-starring Colin Farrell. (1:50) Presidio.

Emperor This ponderously old-fashioned historical drama focuses on the negotiations around Japan’s surrender after the bombings of Hiroshima and Nagasaki. While many on the Allied side want the nation’s “Supreme Commander” Emperor Hirohito to pay for war crimes with his life, experts like bilingual Gen. Bonners Fellers (Matthew Fox) argue that the transition to peace can be achieved not by punishing but using this “living god” to wean the population off its ideological fanaticism. Fellers must ultimately sway gruff General MacArthur (Tommy Lee Jones) to the wisdom of this approach, while personally preoccupied with finding the onetime exchange-student love (Kaori Momoi) denied him by cultural divisions and escalating war rhetoric. Covering (albeit from the U.S. side) more or less the same events as Aleksandr Sokurov’s 2005 The Sun, Peter Webber’s movie is very different from that flawed effort, but also a lot worse. The corny Romeo and Juliet romance, the simplistic approach to explaining Japan’s “ancient warrior tradition” and anything else (via dialogue routinely as flat as “Things in Japan are not black and white!”), plus Alex Heffes’ bombastic old-school orchestral score, are all as banal as can be. Even the reliable Jones offers little more than conventional crustiness — as opposed to the inspired kind he does in Lincoln. (1:46) Embarcadero. (Harvey)

Greedy Lying Bastards Longtime activist Craig Rosebraugh (a former spokesperson for radical groups the Animal Liberation Front and the Earth Liberation Front) makes his directorial debut with Greedy Lying Bastards, a doc that examines the climate-change denial movement. The briskly-paced film — narrated in first person by Rosebraugh, and jam-packed with interviews — begins with stories from homeowners devastated by recent Colorado wildfires, and visits a tribal community perched on Alaska’s eroding shores. But while it touches on global warming’s causes, and the phenomenon’s inevitable outcome (see also: 2006’s An Inconvenient Truth), the film’s particular focus is lobbyists who’ve built careers off distorting the facts, leading Tea Party rallies, and chuckling condescendingly at environmentalists on Fox News — and the fat cats who’re pulling the strings: the dreaded Koch brothers, ExxonMobil execs, and others. Rosebraugh owes a hefty stylistic debt to Michael Moore — right down to his film’s attention-grabbing title — and, like Moore’s films, Greedy Lying Bastards seems destined to reach audiences who already agree with its message. Still, it’s undeniably provocative. (1:30) Grand Lake, Metreon. (Eddy)

Harvest of Empire This feature spin-off from Juan Gonzalez’s classic nonfiction tome aims to temper anti-immigration hysteria with evidence that the primarily Latino populations conservatives are so afraid of were largely invited or driven here by exploitative US policies toward Latin America. Dutifully marching through countries on a case-by-case basis, Peter Getzels and Eduardo Lopez’s documentary covers our annexing much of a neighboring country (Mexico) and using its citizens as a “reserve labor force;” encouraging mainland immigration elsewhere to strengthen a colonial bond (Puerto Rico); covertly funding overthrow of progressive governments and/or supporting repressive ones, creating floods of political asylum-seekers (Guatemala, Cuba, Nicaragua, El Salvador); and so on and so forth. Our government’s policies were often justified in the name of “fighting the spread of Communism,” but usually had a more pragmatic basis in protecting US business interests. The movie also touches on NAFTA’s disastrous trickle-up effect on local economies (especially agricultural ones), and interviews a number of high achievers from immigrant families (ACLU chief Anthony Romero, Geraldo Rivera) as well as various activists and experts, including Nobel Peace Prize winner Rigoberta Menchu, while sampling recent years’ inflammatory anti-immigrant rhetoric. There’s a lot of important information here, though one might wish it were packaged in a documentary with a less primitive, classroom-ready episodic structure and less informercial-y style. (1:30) Opera Plaza. (Harvey)

Like Someone in Love A student apparently moonlighting as an escort, Akiko (Rin Takanashi) doesn’t seem to like her night job, and likes even less the fact that she’s forced into seeing a client while the doting, oblivious grandmother she’s been avoiding waits for her at the train station. But upon arriving at the apartment of the john, she finds sociology professor Takashi (Tadashi Okuno) courtly and distracted, uninterested in getting her in bed even when she climbs into it of her own volition. Their “date” extends into the next day, introducing him to the possessive, suspicious boyfriend she’s having problems with (Ryo Kase), who mistakes the prof for her grandfather. As with Abbas Kiorostami’s first feature to be shot outside his native Iran — the extraordinary European coproduction Certified Copy (2010) — this Japan set second lets its protagonists first play at being having different identities, then teases us with the notion that they are, in fact, those other people. It’s also another talk fest that might seem a little too nothing-happening, too idle-intellectual gamesmanship at a casual first glance, but could also grow increasingly fascinating and profound with repeat viewings. (1:49) Opera Plaza. (Harvey)

Long Distance Revolutionary: A Journey with Mumia Abu-Jamal Or, almost everything you ever wanted to know about the guy who inspired all those “Free Mumia” rallies, though Abu-Jamal’s status as a cause célèbre has become somewhat less urgent since his death sentence — for killing a Philadelphia police officer in 1981 — was commuted to life without parole in 2012. Stephen Vittoria’s doc assembles an array of heavy hitters (Alice Walker, Giancarlo Esposito, Cornel West, Angela Davis, Emory Douglas) to discuss Abu-Jamal’s life, from his childhood in Philly’s housing projects, to his teenage political awakening with the Black Panthers, to his career as a popular radio journalist — aided equally by his passion for reporting and his mellifluous voice. Now, of course, he’s best-known for the influential, eloquent books he’s penned since his 1982 incarceration, and for the worldwide activists who’re either convinced of his innocence or believe he didn’t receive a fair trial (or both). All worthy of further investigation, but Long Distance Revolutionary is overlong, fawning, and relentlessly one-sided — ultimately, a tiresome combination. Director Vittoria in person at the film’s two screenings, Fri/8 at 6:30pm and Sat/9 at 3:30pm. (2:00) New Parkway. (Eddy)

Oz the Great and Powerful Sam Raimi directs James Franco, Michelle Williams, and Rachel Weisz in this fantasy that imagines the origin story of L. Frank Baum’s Emerald City-dwelling wizard. (2:07) Balboa, Cerrito, Presidio.

Three Worlds A trio of lives intersect after a tragedy in French director Catherine Corsini’s drama. (1:51) Four Star.

ONGOING

Amour Arriving in local theaters atop a tidal wave of critical hosannas, Amour now seeks to tempt popular acclaim — though actually liking this perfectly crafted, intensely depressing film (from Austrian director Michael Haneke) may be nigh impossible for most audience members. Eightysomething former music teachers Georges and Anne (the flawless Jean-Louis Trintignant and Emmanuelle Riva) are living out their days in their spacious Paris apartment, going to classical concerts and enjoying the comfort of their relationship. Early in the film, someone tries to break into their flat — and the rest of Amour unfolds with a series of invasions, with Anne’s declining health the most distressing, though there are also unwanted visits from the couple’s only daughter (an appropriately self-involved Isabelle Huppert), an inept nurse who disrespects Anne and curses out Georges, and even a rogue pigeon that wanders in more than once. As Anne fades into a hollow, twisted, babbling version of her former self, Georges also becomes hollow and twisted, taking care of her while grimly awaiting the inevitable. Of course, the movie’s called Amour, so there’s some tenderness involved. But if you seek heartwarming hope and last-act uplift, look anywhere but here. (2:07) Elmwood, Opera Plaza, Smith Rafael. (Eddy)

Argo If you didn’t know the particulars of the 1979 Iranian Revolution, you won’t be an expert after Argo, but the film does a good job of capturing America’s fearful reaction to the events that followed it — particularly the hostage crisis at the US embassy in Tehran. Argo zeroes in on the fate of six embassy staffers who managed to escape the building and flee to the home of the sympathetic Canadian ambassador (Victor Garber). Back in Washington, short-tempered CIA agents (including a top-notch Bryan Cranston) cast about for ways to rescue them. Enter Tony Mendez (Ben Affleck, who also directs), exfil specialist and father to a youngster wrapped up in the era’s sci-fi craze. While watching 1973’s Battle for the Planet of the Apes, Tony comes up with what Cranston’s character calls “the best bad idea we have:” the CIA will fund a phony Canadian movie production (corny, intergalactic, and titled Argo) and pretend the six are part of the crew, visiting Iran for a few days on a location shoot. Tony will sneak in, deliver the necessary fake-ID documents, and escort them out. Neither his superiors, nor the six in hiding, have much faith in the idea. (“Is this the part where we say, ‘It’s so crazy it just might work?'” someone asks, beating the cliché to the punch.) Argo never lets you forget that lives are at stake; every painstakingly forged form, every bluff past a checkpoint official increases the anxiety (to the point of being laid on a bit thick by the end). But though Affleck builds the needed suspense with gusto, Argo comes alive in its Hollywood scenes. As the show-biz veterans who mull over Tony’s plan with a mix of Tinseltown cynicism and patiotic duty, John Goodman and Alan Arkin practically burst with in-joke brio. I could have watched an entire movie just about those two. (2:00) Elmwood, SF Center, Sundance Kabuki. (Eddy)

Beautiful Creatures In the tiny South Carolina town of Gatlin, a teenage boy named Ethan Wate (Alden Ehrenreich) finds himself dreaming about a girl he’s never met (Alice Englert), until she shows up at school one day with an oddly behaving tattoo on her wrist and the power to disrupt local weather patterns when she loses her temper. Thus begins Richard LaGravenese’s adaptation of the first installment in Kami Garcia and Margaret Stohl’s four-book YA series the Caster Chronicles. The girl of Ethan’s dreams, Lena Duchannes, is the youngest member of a reclusive local family long suspected by the town’s inhabitants of performing witchcraft and otherwise being in league with Satan. They’re at least half right, though Lena and her relatives (among them Jeremy Irons, Emma Thompson, and Emmy Rossum) prefer the term caster to witch, a slur inflicted on them by mortals. As for the diabolical part, casters are, it seems, slaves to essentialism: their coming-of-age rite at age 16 entails learning whether their true nature will turn them toward the forces of darkness or light. Lena’s special birthday, as it happens, is coming up, a circumstance complicating the romance that sparks between her and Ethan. Though the altitude is lower, and the sweeping pans of coniferous forests have been replaced by claustrophobic shots of swampland and live oaks draped with Spanish moss, comparisons to the Twilight franchise are inevitable. But while we’re not unfamiliar with the arc of a human teenage protagonist who is drawn into the orbit of an alluring supernatural and finds life forever changed, Beautiful Creatures‘ young lovers are more relatable, less annoying and creepy, and smaller targets for an SNL spoof. (2:04) SF Center. (Rapoport)

Dark Skies The Barretts are a suburban family stuck together with firm-enough glue of love and habit, even if they’re suffering from some unfortunately typical current problems: architect dad (Josh Hamilton) has been out of work for some time, mom’s (Keri Russell) own job isn’t going gangbusters, they’re mortgaged to the hilt, and the fiscal prognosis is not good. These issues are stressing their marriage, and that vibe is stressing their sons, a 13-year-old (Dakota Goya) and a 6-year-old (Kadan Rockett). So initially it seems somebody might be acting out when they begin experiencing nocturnal disturbances that could be chalked up to an intruder if there were any sign of forced entry. But soon the disturbances grow inexplicable by any normal standard, and it begins to seem they might be having unwelcome “visitors” of the evil-E.T. kind. Writer-director Scott Stewart’s prior features were breathless, ludicrous, FX-cluttered fantasy action films (2010’s Legion, 2011’s Priest); this goes in the opposite direction by carefully building atmosphere, character, and credibility while withholding spectacle for as long as possible. That’s an admirable approach, and Dark Skies duly holds attention — but one wishes the basic ideas were a little more original, and the payoff a little more substantial. (1:35) Metreon, 1000 Van Ness. (Harvey)

Django Unchained Quentin Tarantino’s spaghetti western homage features a cameo by the original Django (Franco Nero, star of the 1966 film), and solid performances by a meticulously assembled cast, including Jamie Foxx as the titular former slave who becomes a badass bounty hunter under the tutelage of Dr. Schultz (Christoph Waltz). Waltz, who won an Oscar for playing the evil yet befuddlingly delightful Nazi Hans Landa in Tarantino’s 2009 Inglourious Basterds, is just as memorable (and here, you can feel good about liking him) as a quick-witted, quick-drawing wayward German dentist. There are no Nazis in Django, of course, but Tarantino’s taboo du jour (slavery) more than supplies motivation for the filmmaker’s favorite theme (revenge). Once Django joins forces with Schultz, the natural-born partners hatch a scheme to rescue Django’s still-enslaved wife, Broomhilda (Kerry Washington), whose German-language skills are as unlikely as they are convenient. Along the way (and it’s a long way; the movie runs 165 minutes), they encounter a cruel plantation owner (Leonardo DiCaprio), whose main passion is the offensive, shocking “sport” of “Mandingo fighting,” and his right-hand man, played by Tarantino muse Samuel L. Jackson in a transcendently scandalous performance. And amid all the violence and racist language and Foxx vengeance-making, there are many moments of screaming hilarity, as when a character with the Old South 101 name of Big Daddy (Don Johnson) argues with the posse he’s rounded up over the proper construction of vigilante hoods. It’s a classic Tarantino moment: pausing the action so characters can blather on about something trivial before an epic scene of violence. Mr. Pink would approve. (2:45) Elmwood, Metreon, New Parkway, 1000 Van Ness, Sundance Kabuki. (Eddy)

Escape from Planet Earth (1:35) Metreon, 1000 Van Ness.

56 Up The world may be going to shit, but some things can be relied upon, like Michael Apted’s beloved series that’s traced the lives of 14 disparate Brits every seven years since original BBC documentary 7 Up in 1964. More happily still, this latest installment finds nearly all the participants shuffling toward the end of middle-age in more settled and contented form than ever before. There are exceptions: Jackie is surrounded by health and financial woes; special-needs librarian Lynn has been hit hard by the economic downturn; everybody’s favorite undiagnosed mental case, the formerly homeless Neil, is never going to fully comfortable in his own skin or in too close proximity to others. But for the most part, life is good. Back after 28 years is Peter, who’d quit being filmed when his anti-Thatcher comments provoked “malicious” responses, even if he’s returned mostly to promote his successful folk trio the Good Intentions. Particularly admirable and evidently fulfilling is the path that’s been taken by Symon, the only person of color here. Raised in government care, he and his wife have by now fostered 65 children — with near-infinite love and generosity, from all appearances. If you’re new to the Up series, you’ll be best off doing a Netflix retrospective as preparation for this chapter, starting with 28 Up. (2:24) New Parkway. (Harvey)

The Gatekeepers Coming hard on the heels of The Law in These Parts, which gave a dispassionate forum to the lawmakers who’ve shaped — some might say in pretzel form — the military legal system that’s been applied by Israelis to Palestinians for decades, Dror Moreh’s documentary provides another key insiders’ viewpoint on that endless occupation. His interviewees are six former heads of the Shin Bet, Israel’s secret service. Their top-secret decisions shaped the nation’s attempts to control terrorist sects and attacks, as seen in a nearly half-century parade of news clips showing violence and negotiation on both sides. Unlike the subjects of Law, who spoke a cool, often evasive legalese to avoid any awkward ethical issues, these men are at times frankly — and surprisingly — doubtful about the wisdom of some individual decisions, let alone about the seemingly ever-receding prospect of a diplomatic peace. They even advocate for a two-state solution, an idea the government they served no longer seems seriously interested in advancing. The Gatekeepers is an important document that offers recent history examined head-on by the hitherto generally close-mouthed people who were in a prime position to direct its course. (1:37) Embarcadero. (Harvey)

A Good Day to Die Hard A Good Day to Die Hard did me wrong. How did I miss the signs? Badass daddy rescues son. Perps cover up ’80s era misdeeds. They’re in Russia&ldots;Die Hard has become Taken. All it needs is someone to kidnap Bonnie Bedelia or deflower Jai Courtney and the transformation will be complete. What’s more, A Good Day is so obviously made for export it’s almost not trying to court the American audience for which the franchise is a staple. In a desperate reach for brand loyalty director John Moore (2001’s Behind Enemy Lines) has loaded the film with slight allusions to McClane’s past adventures. The McClanes shoot the ceiling and litter the floor with glass. John escapes a helicopter by leaping into a skyscraper window from the outside. John’s ringtone plays “Ode to Joy.” The glib rejoinders are all there but they’re smeared by crap direction and odd pacing that gives ample time to military vehicles tumbling down the highway but absolutely no time for Bruce’s declarations of “I’m on VACATION!” Which may be just as well — it’s no “Yipee kay yay, motherfucker.” When Willis says that in A Good Day, all the love’s gone out of it. I guess every romance has to end. (1:37) Metreon, 1000 Van Ness, Sundance Kabuki. (Vizcarrondo)

Happy People: A Year in the Taiga The ever-intrepid Werner Herzog, with co-director Dmitry Vasyukov, pursues his fascination with extreme landscapes by chronicling a year deep within the Siberian Taiga. True to form, he doesn’t spend much time in the 300-inhabitant town nestled amid “endless wilderness,” accessible only by helicopter or boat (and only during the warmer seasons); instead, he seeks the most isolated environment possible, venturing into the frozen forest with fur trappers who augment their passed-down-over-generations job skills with the occasional modern assist (chainsaws and snowmobiles are key). Gorgeous cinematography and a curious, respectful tone elevate Happy People from mere ethnographic-film status, though that’s essentially what it is, as it records the men carving canoes, bear-proofing their cabins, interacting with their dogs, and generally being incredibly self-reliant amid some of the most rugged conditions imaginable. And since it’s Herzog, you know there’ll be a few gently bizarre moments, as when a politician’s summer campaign cruise brings a musical revue to town, or the director himself refers to “vodka — vicious as jet fuel” in his trademark droll voice over. (1:34) Magick Lantern, Smith Rafael. (Eddy)

Identity Thief America is made up of asshole winners and nice guy losers — or at least that’s the thesis of Identity Thief, a comedy about a crying-clown credit card bandit (Melissa McCarthy) and the sweet sucker (Jason Bateman) she lures into her web of chaos. Bateman plays Sandy, a typical middle-class dude with a wife, two kids, and a third on the way. He’s always struggling to break even and just when it seems like his ship’s come in, Diana (McCarthy) jacks his identity — a crime that requires just five minutes in a dark room with Sandy’s social security number. Suddenly, his good name is contaminated with her prior arrests, drug-dealer entanglements, and mounting debt; it’s like the capitalist version of VD. But as the “kind of person who has no friends,” Diana is as tragic as she is comic, providing McCarthy an acting opportunity no one saw coming when she was dispensing romantic advice on The Gilmore Girls. Director Seth Gordon (2011’s Horrible Bosses) treats this comedy like an action movie — as breakneck as slapstick gets — and he relies so heavily on discomfort humor that the film doesn’t just prompt laughs, it pokes you in the ribs until you laugh, man, LAUGH! While Identity Thief has a few complex moments about how defeating “sticking it to the man” can be (mostly because only middle men get hurt), it’s mostly as subtle as a pratfall and just as (un-)rewarding. (1:25) 1000 Van Ness, SF Center. (Vizcarrondo)

Jack the Giant Slayer (1:55) Balboa, Cerrito, Metreon, 1000 Van Ness, Presidio.

The Jeffrey Dahmer Files Chris James Thompson’s The Jeffrey Dahmer Files, a documentary with narrative re-enactments, is savvy to the fact that lurid outrageousness never gets old. It also plays off the contrast between Dahmer’s gruesome crimes and his seemingly mild-mannered personality; as real-life Dahmer neighbor Pamela Bass recalls here, the Jeff she knew (“kinda friendly, but introverted,” Bass says) hardly seemed like a murdering cannibal. Though homicide detective Pat Kennedy and medical examiner Dr. Jeffrey Jentzen both share compelling details about the case, Bass’ participation is key. Not only did she have to deal with the revelation that she’d been living next to a killer (“I remember a stench, an odor”), she found herself surrounded by a media circus, harassed by gawkers, and blamed by strangers for “not doing anything.” Even after she’d moved, the stigma of having been Dahmer’s neighbor lingered — lending a different meaning to the phrase “serial-killer victim.” Essental viewing for true-crime fiends. (1:16) Roxie. (Eddy)

The Last Exorcism Part II When last we saw home-schooled rural Louisiana teen Nell (Ashley Bell), she had just given birth to a demon baby in an al fresco Satanic ritual that also saw the violent demise of her father and brother, not to mention the visiting preacher and film crew who’d hoped to debunk exorcisms by recording a fake one. (They were mistaken on many levels.) We meet her again now … about five minutes later, as a traumatized survivor placed in a New Orleans halfway house for girls in need of a “fresh start.” Encouraged to view her recent past as the handywork of cult fanatics rather than supernatural forces, she’s soon adjusting surprisingly well to independence, secular humanism, and life in the big city. But of course malevolent spirit “Abalam” isn’t done with her yet. This sequel eschews the original’s found-footage conceit, stoking up a goodly fire of more traditional atmospherics and scares, albeit at the cost of simplified character and plot arcs. As PG-13 horror goes, it’s quite creepy — even if the finale paints this series into a corner from which it will require considerable future writing ingenuity to avoid pure silliness. (1:28) 1000 Van Ness, SF Center. (Harvey)

Life of Pi Several filmmakers including Alfonso Cuarón, Jean-Pierre Jeunet, and M. Night Shyamalan had a crack at Yann Martel’s “unfilmable” novel over the last decade, without success. That turns out to have been a very good thing, since Ang Lee and scenarist David Magee have made probably the best movie possible from the material — arguably even an improvement on it. Framed as the adult protagonist’s (Irrfan Khan) lengthy reminiscence to an interested writer (Rafe Spall) it chronicles his youthful experience accompanying his family and animals from their just shuttered zoo on a cargo ship voyage from India to Canada. But a storm capsizes the vessel, stranding teenaged Pi (Suraj Sharma) on a lifeboat with a mini menagerie — albeit one swiftly reduced by the food chain in action to one Richard Parker, a whimsically named Bengal tiger. This uneasy forced cohabitation between Hindu vegetarian and instinctual carnivore is an object lesson in survival as well as a fable about the existence of God, among other things. Shot in 3D, the movie has plenty of enchanted, original imagery, though its outstanding technical accomplishment may lie more in the application of CGI (rather than stereoscopic photography) to something reasonably intelligent for a change. First-time actor Sharma is a natural, while his costar gives the most remarkable performance by a wild animal this side of Joaquin Phoenix in The Master. It’s not a perfect film, but it’s a charmed, lovely experience. (2:00) Elmwood, 1000 Van Ness, SF Center, Sundance Kabuki. (Harvey)

Lincoln Distinguished subject matter and an A+ production team (Steven Spielberg directing, Daniel Day-Lewis starring, Tony Kushner adapting Doris Kearns Goodwin, John Williams scoring every emotion juuust so) mean Lincoln delivers about what you’d expect: a compelling (if verbose), emotionally resonant (and somehow suspenseful) dramatization of President Lincoln’s push to get the 13th amendment passed before the start of his second term. America’s neck-deep in the Civil War, and Congress, though now without Southern representation, is profoundly divided on the issue of abolition. Spielberg recreates 1865 Washington as a vibrant, exciting place, albeit one filled with so many recognizable stars it’s almost distracting wondering who’ll pop up in the next scene: Jared Harris as Ulysses S. Grant! Joseph Gordon-Levitt as Robert Lincoln! Lena Dunham’s shirtless boyfriend on Girls (Adam Driver) as a soldier! Most notable among the huge cast are John Hawkes, Tim Blake Nelson, and a daffy James Spader as a trio of lobbyists; Sally Field as the troubled First Lady; and likely Oscar contenders Tommy Lee Jones (as winningly cranky Rep. Thaddeus Stevens) and Day-Lewis, who does a reliably great job of disappearing into his iconic role. (2:30) Metreon, Sundance Kabuki. (Eddy)

Lore Set in Germany amid the violent, chaotic aftermath of World War II, Lore levels some brutally frank lessons on its young protagonist. Pretty, smart 14-year-old Lore (Saskia Rosendahl) is tasked with caring for her twin brothers, sister, and infant brother when her SS officer father (Hans-Jochen Wagner) and true-believer mother (Ursina Lardi) depart. Her seemingly hopeless mission is to get what’s left of her family across a topsy-turvy countryside to her grandmother’s house, a journey that’s less a fairy tale than a kind of inverted nightmare — yet another dystopic vision — as seen by children who must beg, barter, and scrounge to survive when they aren’t singing songs in praise of the Third Reich. Enter magnetic mystery man Thomas (Kai Malina), who offers Lore life lessons about the assumed enemy. Tarrying briefly to savor the sensual pleasure of a river bath or the beauty of a spring landscape, albeit one riddled with bodies, director and co-writer Cate Shortland rarely averts her eyes from the sexual and psychological dangers of her charges’ circumstances, making us not only care for her players but also imparting the dark magic of a world destroyed then born anew. (1:48) Embarcadero. (Chun)

No Long before the Arab Spring, a people’s revolution went down in Chile when a 1988 referendum toppled the country’s dictator, Augusto Pinochet, thanks in part to an ad exec who dared to sell the dream to his countrymen and women — using the relentlessly upbeat, cheesy language of a Pepsi Generation. In No‘s dramatization of this true story, ad man Rene Saavedra (Gael Garcia Bernal) is approached by the opposition to Pinochet’s regime to help them on their campaign to encourage Chile’s people to vote “no” to eight more years under the brutal strongman. Rene’s well-aware of the horrors of the dictatorship; not only are the disappeared common knowledge, his activist ex (Antonia Zegers) has been beaten and jailed with seeming regularity. Going up against his boss (Alfredo Castro), who’s overseeing the Pinochet campaign, Rene takes the brilliant tact in the opposition’s TV programs of selling hope — sound familiar? — promising “Chile, happiness is coming!” amid corny mimes, dancers, and the like. Director-producer Pablo Larrain turns out to be just as genius, shooting with a grainy U-matic ’80s video camera to match his footage with 1988 archival imagery, including the original TV spots, in this invigorating spiritual kin of both 2012’s Argo and 1997’s Wag the Dog. (1:50) Embarcadero. (Chun)

Phantom (1:37) 1000 Van Ness.

A Place at the Table Obesity gets all the concern-trolling headlines, but America’s hunger crisis is also very real — and the two are closely related to each other, as Kristi Jacobson and Lori Silverbush’s sobering, informative documentary investigates. A Place at the Table assembles a mix of talking-head experts, celebrities (actor and longtime hunger activist Jeff Bridges; celebrity chef Tom Colicchio, who’s married to Silverbush), and (most compellingly) average folks dealing with “food insecurity:” a Philadelphia single mom who joins the Witnesses to Hunger advocacy project; a pastor in small-town Colorado who oversees his struggling community’s crucial food bank; the Mississippi elementary-school teacher who uses her own struggles with diabetes to educate her students about nutrition. The film digs into the problem’s root causes (one being a government that prefers to subsidize mega-farming corporations that produce ingredients used in processed food), and conveys its message with authentic urgency. (1:24) Opera Plaza. (Eddy)

Quartet Every year there’s at least one: the adorable-old-cootfest, usually British, that proves harmless and reassuring and lightly tear/laughter producing enough to convince a certain demographic that it’s safe to go to the movies again. The last months have seen two, both starring Maggie Smith (who’s also queen of that audience’s home viewing via Downton Abbey). Last year’s The Best Exotic Marigold Hotel, in which Smith played a bitchy old spinster appalled to find herself in India, has already filled the slot. It was formulaic, cute, and sentimental, yes, but it also practiced more restraint than one expected. Now here’s Quartet, which is basically the same flower arrangement with quite a bit more dust on it. Smith plays a bitchy old spinster appalled to find herself forced into spending her twilight years at a home for the elderly. It’s not just any such home, however, but Beecham House, whose residents are retired professional musicians. Gingerly peeking out from her room after a few days’ retreat from public gaze, Smith’s Jean Horton — a famed English soprano — spies a roomful of codgers rolling their hips to Afropop in a dance class. “This is not a retirement home — this is a madhouse!” she pronounces. Oh, the shitty lines that lazy writers have long depended on Smith to make sparkle. Quartet is full of such bunk, adapted with loving fidelity, no doubt, from his own 1999 play by Ronald Harwood, who as a scenarist has done some good adaptations of other people’s work (2002’s The Pianist). But as a generator of original material for about a half-century, he’s mostly proven that it is possible to prosper that long while being in entirely the wrong half-century. Making his directorial debut: 75-year-old Dustin Hoffman, which ought to have yielded a more interesting final product. But with its workmanlike gloss and head-on take on the script’s very predictable beats, Quartet could as well have been directed by any BBC veteran of no particular distinction. (1:38) Clay, Marina, Smith Rafael. (Harvey)

Safe Haven Over a decade and a half, as one Nicholas Sparks novel after another has hit the shelves and inexorably been adapted for the big screen, we’ve come to expect a certain kind of end product: a romantic drama that manages, in its treacly messaging and relentless arc toward emotional resonance, to give us second thoughts about the redemptive power of love. The latest, Safe Haven, directed by Lasse Hallström (2011’s Salmon Fishing in the Yemen, 1993’s What’s Eating Gilbert Grape), follows the formula fairly dutifully. Julianne Hough (2012’s Rock of Ages) plays Katie, a Boston woman on the run from the kind of terrifying event that causes a person to dye their hair platinum blond and board a Greyhound in the middle of the night, a trauma whose details are doled out to us in a series of flashbacks. Winding up in a small coastal town in North Carolina, she meets handsome widower and father of two Alex (Josh Duhamel), who runs the local general store and takes a shine to the unfriendly new girl. Viewers of last year’s Sparks adaptation The Lucky One will find some familiar elements (the healing balm of a good man’s love, cloying usage of the paranormal), as will viewers of 1991’s Sleeping with the Enemy, another film that presents the fantasy of a fresh start in Smalltown, U.S.A. (1:55) SF Center. (Rapoport)

Side Effects Though on the surface Channing Tatum appears to be his current muse, Steven Soderbergh seems to have gotten his smart, topical groove back, the one that spurred him to kick off his feature filmmaking career with the on-point Sex, Lies, and Videotape (1989) and went missing with the fun, featherweight Ocean’s franchise. (Alas, he’s been making claims that Side Effects will be his last feature film.) Here, trendy designer antidepressants are the draw — mixed with the heady intoxicants of a murder mystery with a nice hard twist that would have intrigued either Hitchcock or Chabrol. As Side Effects opens, the waifish Emily Taylor (Rooney Mara), whose inside-trading hubby (Tatum) has just been released from prison, looks like a big-eyed little basket of nerves ready to combust — internally, it seems, when she drives her car into a wall. Therapist Jonathan Banks (Jude Law), who begins to treat her after her hospital stay, seems to care about her, but nevertheless reflexively prescribes the latest anti-anxiety med of the day, on the advice of her former doctor (Catherine Zeta-Jones). Where does his responsibility for Emily’s subsequent actions begin and end? Soderbergh and his very able cast fill out the issues admirably, with the urgency that was missing from the more clinical Contagion (2011) and the, ahem, meaty intelligence that was lacking in all but the more ingenious strip scenes of last year’s Magic Mike. (1:30) Four Star, Metreon, 1000 Van Ness, Presidio, Sundance Kabuki. (Chun)

Silver Linings Playbook After guiding two actors to Best Supporting Oscars in 2010’s The Fighter, director David O. Russell returns (adapting his script from Matthew Quick’s novel) with another darkly comedic film about a complicated family that will probably earn some gold of its own. Though he’s obviously not ready to face the outside world, Pat (Bradley Cooper) checks out of the state institution he’s been court-ordered to spend eight months in after displaying some serious anger-management issues. He moves home with his football-obsessed father (Robert De Niro) and worrywart mother (Jacki Weaver of 2010’s Animal Kingdom), where he plunges into a plan to win back his estranged wife. Cooper plays Pat as a man vibrating with troubled energy — always in danger of flying into a rage, even as he pursues his forced-upbeat “silver linings” philosophy. But the movie belongs to Jennifer Lawrence, who proves the chops she showcased (pre-Hunger Games megafame) in 2010’s Winter’s Bone were no fluke. As the damaged-but-determined Tiffany, she’s the left-field element that jolts Pat out of his crazytown funk; she’s also the only reason Playbook‘s dance-competition subplot doesn’t feel eye-rollingly clichéd. The film’s not perfect, but Lawrence’s layered performance — emotional, demanding, bitchy, tough-yet-secretly-tender — damn near is. (2:01) Four Star, Marina, 1000 Van Ness, SF Center, Sundance Kabuki. (Eddy)

Snitch (1:35) Metreon, 1000 Van Ness.

The Sweeney Based on the 1970s British TV series, Nick Love’s action drama is bolstered enormously by Ray Winstone’s snarling-bulldog lead performance. He plays skull-cracking cop Regan, head of an elite unit that has relied upon freely violent, rule-bending methods to bust many an in-progress armed robbery. As his worried boss (Homeland‘s Damian Lewis) warns, internal affairs has taken an interest in Regan’s activites, and the situation isn’t helped by the fact that Regan is having an affair with a comely co-worker (Hayley Atwell) who is married to IA’s prick-in-chief (Steven Mackintosh). When a Serbian assassin enters the picture and monkey-wrenches Regan’s career, love life, and tenuously calibrated moral compass, all hell predictably breaks loose. Shot in moody, London-appropriate gray and blue monochrome, and featuring bravura set pieces (a shootout in Trafalgar Square) and a supporting cast that includes rapper Ben Drew (a.k.a. Plan B) and Downtown Abbey‘s Allen Leech, The Sweeney doesn’t surprise much with its beat-by-beat plot. But it’s enjoyable — maybe not enough to travel to Antioch (its only local theatrical opening) to see it, but worth a look on its simultaneous VOD release. (1:52) AMC Deer Valley. (Eddy)

21 and Over (1:33) Metreon, 1000 Van Ness.

Warm Bodies A decade and a half of torrid, tormented vampire-human entanglements has left us accustomed to rooting for romances involving the undead and the still-alive. Some might argue, however, that no amount of pop-cultural prepping could be sufficient to get us behind a human-zombie love story for the ages. Is guzzling human blood really measurably less gross than making a meal of someone’s brains and other body parts? Somehow, yes. Recognizing this perceptual hurdle, writer-director Jonathan Levine (2011’s 50/50, 2008’s The Wackness) secures our sympathies at the outset of Warm Bodies by situating us inside the surprisingly active brain of the film’s zombie protagonist. Zombies, it turns out, have internal monologues. R (Nicholas Hoult) can only remember the first letter of his former name, but as he shambles and shuffles and slumps his way through the terminals of a postapocalyptic airport overrun by his fellow corpses (as they’re called by the film’s human population), he fills us in as best he can on the global catastrophe that’s occurred and his own ensuing existential crisis. By the time he meets not-so-cute with Julie (Teresa Palmer), a young woman whose father (John Malkovich) is commander-in-chief of the human survivors living in a walled-off city center, we’ve learned that he collects vinyl, that he has a zombie best friend, and that he doesn’t want to be like this. We may still be flinching at the thought of his and Julie’s first kiss, but we’re also kind of rooting for him. The plot gapes in places, where a tenuous logic gets trampled and gives way, but Levine’s script, adapted from a novel by Isaac Marion, is full of funny riffs on the zombie condition, which Hoult invests with a comic sweetness as his character staggers toward the land of the living. (1:37) 1000 Van Ness, SF Center. (Rapoport)

Zero Dark Thirty The extent to which torture was actually used in the hunt for Osama Bin Ladin may never be known, though popular opinion will surely be shaped by this film, as it’s produced with the same kind of “realness” that made Kathryn Bigelow’s previous film, the Oscar-winning The Hurt Locker (2008), so potent. Zero Dark Thirty incorporates torture early in its chronology — which begins in 2003, after a brief opening that captures the terror of September 11, 2001 using only 911 phone calls — but the practice is discarded after 2008, a sea-change year marked by the sight of Obama on TV insisting that “America does not torture.” (The “any more” goes unspoken.) Most of Zero Dark Thirty is set in Pakistan and/or “CIA black sites” in undisclosed locations; it’s a suspenseful procedural that manages to make well-documented events (the July 2005 London bombings; the September 2008 Islamabad Marriott Hotel bombing) seem shocking and unexpected. Even the raid on Bin Ladin’s HQ is nail-bitingly intense. The film immerses the viewer in the clandestine world, tossing out abbreviations (“KSM” for al-Qaeda bigwig Khalid Sheikh Mohammed) and jargon (“tradecraft”) without pausing for a breath. It is thrilling, emotional, engrossing — the smartest, most tightly-constructed action film of the year. At the center of it all: a character allegedly based on a real person whose actual identity is kept top-secret by necessity. She’s interpreted here in the form of a steely CIA operative named Maya, played to likely Oscar-winning perfection by Jessica Chastain. No matter the film’s divisive subject matter, there’s no denying that this is a powerful performance. “Washington says she’s a killer,” a character remarks after meeting this seemingly delicate creature, and he’s proven right long before Bin Ladin goes down. Some critics have argued that character is underdeveloped, but anyone who says that isn’t watching closely enough. Maya may not be given a traditional backstory, but there’s plenty of interior life there, and it comes through in quick, vulnerable flashes — leading up to the payoff of the film’s devastating final shot. (2:39) 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Eddy)

 

Compromised position

16

steve@sfbg.com

When Mayor Ed Lee came to the Board of Supervisors for his monthly “question time” appearance Feb. 12, Sup. David Chiu tried to get some sense of where the mayor stood on a controversial piece of legislation that would allow more condominium conversions.

Chiu explained the complexities and implications of an issue where the two sides have dug in and appear to have little common ground, and he asked the mayor for some guidance.

“What is your position on this pending legislation?” he asked. “What protections would you support to prevent the loss of rent-controlled housing in our increasingly unaffordable city? How would you address the concern that if we allow the current generation of tenancy in common owners to convert, we will replace then with a new generation of TIC owners and additional real estate investments that will lead us right back to an identical debate within a short time?”

But if Chiu and other board members were looking for leadership, direction or a clue of where the mayor might stand, they didn’t get it. Lee said he understood both sides of the issue and hoped they could reach a consensus solution — without offering any hints what they might look like or how to achieve it. “I can’t say that I have a magic solution to this issue that will make everyone happy,” the city’s chief executive explained.

Asked by the Guardian afterward why he didn’t take a position and whether he might be more specific about how he’d like to see this conflict resolved, he replied, “I actually did take a position, even though it didn’t sound like it, because I actually believe they have good points on both sides.”

That’s a typical answer for a mayor who rose to power preaching the virtues of civility and compromise and striving to replace political conflict with consensus. But now several major, seemingly intractable issues are facing the city — and insiders say Lee’s refusal to take a strong stand is undermining any chance for successful.

The lack of mayoral leadership has been maddening to both sides involved in the negotiations over the condo-conversion legislation. Tenant advocates say the mayor’s waffling hardened the positions on both sides and emboldened the group Plan C and its allies in the real estate industry to reject the compromises offered by supervisors and tenant advocates.

“It’s very unhelpful,” San Francisco Tenants Union head Ted Gullicksen said of Lee’s refusal to take a stand. “Someone needs to kick the realtors in the butt, and that’s not happening. They have no impetus at all to compromise.”

Then there’s the case of California Pacific Medical Center’s proposed new hospital, a billion-dollar project that would transform the Cathedral Hill neighborhood and have lasting impacts on health care in San Francisco.

The mayor’s eagerness to get the deal done — even if it wasn’t the best deal for the city — led to a proposal that fell apart last year under scrutiny by the Board of Supervisors. That project has now been in mediation for months — and sources tell us they’re getting close to a deal that has little resemblance to the anything offered by the Mayor’s Office.

California Nurses Association Director of Public Policy Michael Lighty, who has been involved with the CPMC negotiations, said Lee’s unwillingness to take a strong and clear stand, or to help mediate the dispute once the deal blew up, is why this negotiation has been so difficult and protracted.

“If he had engaged stakeholders and the supervisors, we wouldn’t have had to go to the brink last summer,” he said. “You’ve got to have clear objectives and be willing to fight for those, and that means saying no…If you’re willing to accept any deal and just put political spin on it, this is what you get.”

 

 

ADMINISTRATOR-IN-CHIEF

Neither Lighty nor others involved in the CPMC negotiations would discuss details of the pending deal, as per the instructions of mediator Lou Giraudo. But they did talk to the Guardian about the political shortcomings that led to such a protracted mediation process on a project that has been in the works for many years and involving a looming state deadline to replace the seismically unsafe St. Luke’s Hospital.

Lighty called Lee’s conciliatory approach to CPMC “an administrative orientation and not a political one,” noting that what worked during Lee’s long career as a city administrator may not be working well now that he’s in the Mayor’s Office dealing with issues where consensus isn’t always possible.

“I don’t think it’s a very sophisticated view and I don’t think it’s one that produces the best results,” Lighty said.

Lighty did say the negotiations were getting close to resolution. “What comes before the board is going to be vastly superior to what the mayor and CPMC proposed,” he said. “I think what you’ll find whenever this comes out is it will repudiate the mayor’s approach.”

He contrasted Lee’s style to that of his predecessor, Gavin Newsom, who took positions on most controversial issues and would often get involved with forcing his allies to cut deals. For example, shortly after taking office on 2004, Newsom demanded that his allies in the hospitality industry end their lockout of hotel workers, and when they refused he turned on them and even famously joined workers on the picket line, pressuring the hotels to soon end the lockout.

“Why did you need to bring in an outside mediator for CPMC? Why didn’t the mayor do that?” Lighty asked, noting that Lee has stayed away from the current negotiations.

Ken Rich from the Mayor’s Office of Economic and Workforce Development has been in those meetings but didn’t return our call. Mayoral Press Secretary Christine Falvey has also ignored repeated messages seeking comment on the issues raised in this story.

Rudy Nothenberg, who negotiated big deals on behalf of five successive mayors before Lee and who has been critical of the Warriors Arena deal that the Mayor’s Office has negotiated, said Lee’s unwillingness to take strong stands with developers is hurting the city.

“I was able to say I’m going to get the best deal I can for the city,” Nothenberg told us, saying he approached all negotiations, including the construction of AT&T Park, with the understanding from the mayors he worked for that he could simply say no to bad deals. “You need to bargain for the city as if these guys walked away, well, then that’s okay too.”

Sup. David Campos, who has been trying to get CPMC to strengthen its commitment to keeping St. Luke’s open as a full-service hospital, agreed that, “There have to be times when you’re willing to say no.” And on the CPMC project, Campos said that fell to the supervisors when the Mayor’s Office wasn’t willing to. “It was clear that the board was not going to approve it,” Campos said, “and sometimes you have to do that to get to a result you can live with,”

UCSF Political Science Professor Corey Cook said the problem is less with Lee’s overall philosophy than with what is strategically smart on individual issues.

“The mayor’s strength is in trying to come up with consensus measures,” Cook told us, calling the approach “generally a good one” and saying “the decider isn’t always who you want, then you get George W. [Bush].” Yet Cook also said intractable problems like the condo conversion debate may require a different approach. “Sometimes you do need to stake out clear ground to limit the terms of the debate.”

 

 

CHIU’S CENTRAL ROLE

Chiu has at least been willing to put his energies behind his belief in compromise, taking an active role in the CPMC and condo negotiations, as well as complicated current negotiations involving how to legalize but limit Airbnb’s shared housing business in San Francisco, which involves landlord-tenant-neighbor dynamics, regulation of private leases, and complex land use and taxation issues.

“It’s been a very long month. I’ve been going around the clock on several challenging negotiations,” Chiu told the Guardian. “The most important things to work on are often the ones that are the most difficult to get done.”

Chiu was reluctant to discuss the negotiations, calling it a sensitive moment for each of them. But he did admit that he was disappointed in Lee’s non-answer to his publicly posed question. “I had hoped for a little more direction,” Chiu said. And while these negotiations haven’t shaken his faith in compromise, he did say, “It depends on the substance of the issue whether there are common ground solutions that are superior to two warring sides.”

But all involved in the condo debate say it appears we’ll be stuck with the latter. “The two sides are so far apart that I don’t know what a compromise that both sides would live with would even look like,” Campos said. “There are certain issues where I don’t think compromise or consensus is possible.”

On this one, tenant advocates are trying to protect a finite supply of rent-controlled housing and real estate interests want to convert that same housing into condos. “If the issue was just existing TIC owners, we would come to an agreement,” Gullicksen said. “But clearly the agenda of Plan C and the realtors is they just want more condos.”

Plan C board member Kat Anderson told us, “I have a simple approach to this: Home ownership is important to me.”

She was undeterred by arguments that thousands of new condos are now being built in San Francisco, but there’s a steadily dwindling number of rent-controlled apartments in a city where two-thirds of San Franciscans are renters.

Anderson made it clear that she wants to not only allow the backlog of condo applicants to be approved, but she doesn’t want to slow the flow of condo conversions for a few years thereafter or place TICs themselves under the cap, compromises offered by Gullicksen. “The worry is that if you change the system, it will never come back and we’ll lose our tiny toehold of 200 units [that the lottery allows to be converted to condos annually],” Anderson said. And so we end up with the very thing Lee sought to avoid: a big, nasty, divisive public fight that will probably end up being decided by big money and deceptive campaign mailers rather than a civil, deliberative political process. And the mayor has nobody to blame but himself.

“Unlikely trio” of supervisors saves CPMC hospital deal

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An ideologically diverse trio of supervisors, a community-minded mediator, and a deliberate negotiations process (one that that involved local stakeholders and verified corporate claims) has managed to do what the Mayor’s Office couldn’t: reach an agreement that seems to be a good deal for the city and has broad political support for California Pacific Medical Center to build two new full-service hospitals in town.

It differs from the disastrous deal announced by Mayor Ed Lee last year in key ways. St. Luke’s Hospital – a staple of care for low-income San Franciscans that must to rebuilt to meet new state earthquake safety standards – will be about 50 percent larger than previously proposed, while the new luxury hospital that CPMC has been trying to build on Cathedral Hill will be about 50 percent smaller.

That simple flip alleviated much of the Cathedral Hill project’s impact on traffic and affordable housing – which CPMC will still pay $14 million and $36.5 million respectively to mitigate, more than in the previous agreement and part of a roughly $80 million payment to the city – and overcame community concerns about the company’s commitment to St. Luke’s.

The new deal also has stronger local hiring requirements and more stringent guarantees that CPMC will serve MediCal patients and provide more charity care to the poor, regardless of the company’s financial situation, while maintaining contributions to community-based organizations at the same level as under the previous agreement.

In many ways, the agreement repudiates the deal cut last year by Mayor Ed Lee, which CPMC refused to significantly modify or even support with verifiable financial claims even as it fell apart in spectacular fashion under scrutiny last year by the Board of Supervisors, particularly during hearings at the Land Use Committee chaired by Sup. Eric Mar.

That flawed deal was rushed to completion just as the Saleforce headquarters expansion that had been trumpeted by Lee and the America’s Cup real estate deal both fell apart, which sources tell the Guardian put pressure on Lee to quickly deliver something to the business community and building trades (read tomorrow’s Guardian for more on Lee’s approach to tough negotiations and its implications).

But today’s press conference to announce the new deal at St. Luke’s was a forward-looking celebration of what was universally lauded as a big victory for the community. And most of the credit seems to go to mediator Lou Giraudo, who owns Boudin Bakery, and Sups. David Campos, David Chiu, and Mark Farrell, who all stepped up late last summer to salvage the project.

“There are two stories: the deal itself and the process,” Giraudo told the crowd. He said that he had some trepidation going in and that all he knew of the supervisors was what he read in the newspapers, and that the three represented the left (Campos), right (Farrell), and center (Chiu). Giraudo said they were the keys to making this deal happen.

“I have never been so impressed by politicians to come together as one,” Giraudo said, praising the trio for working hard, bringing in outside expertise to verify CPMC’s financial claims, and working with their constituencies. “We depoliticized together and then we built trust.”

Farrell also praised both the deal – “It ensures we have access to quality health care for years to come in San Francisco.” – and the process, in which the three supervisors worked well together. “I think about the future of the Board of Supervisors and us working together as colleagues,” he said. “None of us have spent more time on anything than we have CPMC.”

Campos echoed the point. “I really cannot be more proud of the work that we as the Board of Supervisors did here,” Campos said, noting how they had all committed to work together for the good of the city, demonstrating “how we, as the Board of Supervisors, can work on even the most difficult issues and resolve them.”

He also praised his constituents in the community coalition of labor, housing, and social justice advocates – including San Franciscans for Healthcare, Housing, Jobs, and Justice – who had pushed for a better deal for San Francisco. “This is a victory for them at the end of the day,” Campos said, singling out their consultant Paul Kumar for helping shape a deal that ensures that, “St. Luke’s plays a large role in the CPMC system.”

Kumar, a consultant with the National Union of Healthcare Workers who wasn’t at the event, later told the Guardian, “This is a victory for democratic planning.” He noted that CPMC and its parent company, Sutter Health, are notoriously hard-nosed negotiators and that he’s hoping this agreement represents a turning point in their relationship with the community and their employees.

“The question is if we can parlay this into a better and more responsible relationship between Sutter and the city,” Kumar said.

Chiu – who has been at the center of several difficult city negotiations in recent years, and who helped lead the board’s charge against CPMC last year – told the conference, “When we started this process, I was not hugely optimistic we would get here,” calling the supervisors “an unlikely trio.” But he praised all parties involved for working to get a deal with strong local hiring and charity care provisions.

“This is a comprehensive project,” Chiu said.

When Lee spoke, he praised the deal and the crucial role played by the three supervisors. “This project would not have gotten done without their direct involvement,” said Lee, who didn’t attend any of the dozens of negotiating sessions, although Ken Rich from the Mayor’s Office was involved. Yet the unusually grim-faced mayor also seemed to bring up the only doubts expressed about the deal, saying “The job is never done, this is an announcement about where we are today” and vaguely warning that, “It’s sensitive, people do have trepidation about what this will mean to them going forward.”

Afterward, Lee took reporters’ questions while walking steadily to his car, without pausing to get into what he was alluded to or why this deal seems so much better than the one he cut, except to say that the “health care landscape has changed.” Later, a mayoral staffer who would only speak on background, said one key to this deal was that CPMC had decided that demand for hospital beds would drop in the future and that they needed fewer in San Francisco.

CPMC CEO Dr. Warren Browner, who had some tough clashes with supervisors last year, didn’t go into the reasons behind the sweetened deal during his presentation (except to contest Giraudo’s comment that he had fought through “deal fatigue and was weary at times” by saying that he actually had a lingering case of “walking pneumonia” that he thanked CPMC’s medical staff for helping to cure.).

After comparing the negotiations to the legend of Sisyphus repeatedly pushing a boulder uphill, Browner said, “We are looking forward to going through the process and putting shovels in the ground, hopefully in 2013.”

 

Terms of the deal, which were formally introduced at today’s Board of Supervisors meeting, include:

  • Permits for a 120-bed St. Luke’s Hospital, 274-bed Cathedral Hill Hospital (or an additional 30 beds if St. Luke’s operates at 75 percent capacity), medical office buildings at both hospitals, a parking garage with up to 990 spaces (limited to CPMC staff and patients only) on Cathedral Hill, and a new Neurosciences Institute at Davies Medical Center.

  • St. Luke’s Hospital will have a number of specified services – including acute care, senior and community health care, labor and delivery, intensive care, cancer treatment, mental health services, and outpatient care – to ensure it remains a full-service hospital.

  • CPMC caring for 30,000 charity care and 5,400 Medi-Cal managed care patients per year, limits on healthcare cost increases to city employees, and CPMC endowing a new $9 million Healthcare Innovation Fund to increase capacity at local clinics.

  • CPMC contributing $36.5 million to the city’s affordable housing fund and paying $4.1 million to replace the homes it displaces on Cathedral Hill.

  • At least 30 percent of construction job and 40 percent of the permanent entry-level positions in the new facilities will be San Franciscans, and CPMC will contribute $4 million to job training.

  • To offset transportation impacts at Cathedral Hill, CPMC will give $14 million to the SFMTA and “institute a robust transportation demand management program,” as well as spending $13 million on pedestrian safety and streetscape improvements at all its San Francisco facilities.