Housing

Treasure Island: 11 ayes, no sight

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On June 7, the San Francisco Board of Supervisors voted 11-0 to reject an appeal of the Treasure Island environmental impact report. The appeal was brought by Arc Ecology and our colleagues the Sierra Club, Golden Gate Audubon Society, Wild Equity, former Sup. Aaron Peskin, and Yerba Buena Island resident Ken Masters.

The board will tell you that the Department of City Planning and the Mayor’s Office of Economic and Workforce Development found the appeal lacking in merit.

In the appeal, we claimed the EIR lacked the specificity to qualify as a project EIR, which means that after it passes, the city will have substantially limited the ability of any future Board of Supervisors to address the project’s actual environmental impacts. But these impacts cannot and will not be known until actual development proposals, none of which presently exist, are made.

Sup. Jane Kim and city planning staffers argued that the EIR had almost too much specificity. For example, without showing a single confirming diagram, project sponsors claimed they could cut as many as 100 stories off the proposed skyscrapers — yet keep the same number of condos without increasing the bulk, height, or number of buildings in the overall project. How? Through the Harry Potter-like magic of “flex buildings and zones.”

The board will tell you that this project presents a vision of a new community unrivaled in the Bay Area and nation — a new Athens. But the supervisors don’t seem to realize that it’s a development with a population larger than Emeryville, about the size of Albany. Indeed, the separate dedicated buildings of affordable homes truly make Treasure Island like Athens of old, with poorer people segregated from the rich.

They don’t see that this is a self-reflecting vision blithely unconcerned about the impacts it will have on the greater Bay Area region, and that it’s a bloated project that will vastly exceed the region’s capacity to support it. It’s a project whose impacts will enslave legions of people to longer commutes as more cars flood the bridge, pushing traffic like rising sea levels into the upper reaches of East Bay freeways. Nor are project proponents particularly concerned about the impacts of air pollution blowing from the bridge and the region’s freeways into Berkeley, Emeryville, and Oakland.

Finally, neither the supervisors, nor the city planners, nor the Office of Economic and Workforce Development seem to be aware that San Francisco currently has 30,000 vacant housing units. It will cost a projected $577,000 to build each Treasure Island unit. But more units could be built on San Francisco’s mainland with almost no impact, simply by allowing rental units in the basements of some of our stock of 130,000 single-family homes.

That kind of housing isn’t as luxurious as a 45-story view of the bay from Treasure Island perhaps — but at a cost of $100,000 to $200,000 per unit, more than half of those in-law apartments could be rented at or below market rate. Infill housing of that sort would also mean greater stability for established home owners, more jobs and business opportunities, and more riders for Muni.

Still, the appellants weren’t trying to halt any project at Treasure Island. The appeal was about was fixing the deficiencies in the EIR and right-sizing the project so it can move forward with its benefits intact.

In the Tarot, the Five of Cups depicts an individual so besotted by that possibilities floating before his eyes that he stands mesmerized, believing they are at hand — of course, in reality he’s fooling himself. In the case of Treasure Island, the supervisors and city officials are intoxicated by the visions floating in the bay — and are thus blinded to the better options of making this city and region more sustainable and affordable.

CPMC’s stunning arrogance

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The San Francisco City Planning Commission hearing June 9 on California Pacific Medical Center’s expansion plans was remarkable — both in the comments that the commissioners had and in the mind-boggling arrogance of the giant hospital chain.

CPMC wants to build a massive new hospital and medical office building on Van Ness Avenue and rebuild St. Luke’s Hospital in the Mission. The plans aren’t even close to complying with city planning codes — the Sutter Health affiliate will need city approval to exceed height limits on Van Ness (by more than 100 feet); a modification of the housing construction requirement for new offices; permission to demolish existing housing units; permission to take over a part of San Jose Avenue — and a lot more. In other words, CPMC is asking a lot from the city.

And since this nonprofit controls four major hospitals in the city, its future development decisions need to be considered in the context of San Francisco’s overall health care needs.

It’s entirely reasonable that the city ask CPMC for a development agreement that provides benefits to city residents. Mayor Ed Lee has made it clear that the approval of this project will depend on whether CPMC can address affordable housing, healthcare access for low-income people, a secure future for St. Luke’s, workforce development, and transportation impacts. Lee’s proposals are more than reasonable: he’s asking that CPMC pay the standard fee for affordable housing required of any major commercial developer; increase its level of charity care (now an abysmal 0.99 percent) to the average of other regional hospitals (2.3 percent); increase its Medical acceptance rate; and maintain St. Luke’s as an acute care facility with an emergency room. Union nurses are asking that Sutter deal with them in good faith.

But Dr. Warren Browner, CEO of CPMC, showed little interest in working with the city. The demands are way too high, he told the commissioners, insisting that it was unreasonable to ask the hospital to contribute that much to affordable housing. He acted as if CMPC was somehow entitled to move forward — at its own proposed schedule — and that all of these city demands were nonsense.

That’s not going to work.

A clear majority of the commissioners got the point. As Ron Miguel pointed out, Sutter is a nonprofit — and its tax-exempt status mandates a certain level of social responsibility. Every big commercial developer has to pay for housing and transit impacts. Gwyneth Borden and Bill Sugaya noted that hospital officials knew full well what the planning rules were when they bought the Van Ness site.

This is a $2.5 billion project. Community benefits need to be a significant part of the final plan. If anything, Lee’s proposals are too limited (Sutter should agree to protect St. Luke’s for 50 years, not 20). The planning commissioners should stick to their positions — this project is out of control, and if Browner wants to see it built, he needs to come back with a new set of numbers, and a new attitude.

Editorial: CPMC’s stunning arrogance

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The San Francisco City Planning Commission hearing June 9 on California Pacific Medical Center’s expansion plans was remarkable — both in the comments that the commissioners had and in the mind-boggling arrogance of the giant hospital chain.

CPMC wants to build a massive new hospital and medical office building on Van Ness Avenue and rebuild St. Luke’s Hospital in the Mission. The plans aren’t even close to complying with city planning codes — the Sutter Health affiliate will need city approval to exceed height limits on Van Ness (by more than 100 feet); a modification of the housing construction requirement for new offices; permission to demolish existing housing units; permission to take over a part of San Jose Avenue — and a lot more. In other words, CPMC is asking a lot from the city.

And since this nonprofit controls four major hospitals in the city, its future development decisions need to be considered in the context of San Francisco’s overall health care needs.

It’s entirely reasonable that the city ask CPMC for a development agreement that provides benefits to city residents. Mayor Ed Lee has made it clear that the approval of this project will depend on whether CPMC can address affordable housing, healthcare access for low-income people, a secure future for St. Luke’s, workforce development, and transportation impacts. Lee’s proposals are more than reasonable: he’s asking that CPMC pay the standard fee for affordable housing required of any major commercial developer; increase its level of charity care (now an abysmal 0.99 percent) to the average of other regional hospitals (2.3 percent); increase its Medical acceptance rate; and maintain St. Luke’s as an acute care facility with an emergency room. Union nurses are asking that Sutter deal with them in good faith.

But Dr. Warren Browner, CEO of CPMC, showed little interest in working with the city. The demands are way too high, he told the commissioners, insisting that it was unreasonable to ask the hospital to contribute that much to affordable housing. He acted as if CMPC was somehow entitled to move forward — at its own proposed schedule — and that all of these city demands were nonsense.

That’s not going to work.

A clear majority of the commissioners got the point. As Ron Miguel pointed out, Sutter is a nonprofit — and its tax-exempt status mandates a certain level of social responsibility. Every big commercial developer has to pay for housing and transit impacts. Gwyneth Borden and Bill Sugaya noted that hospital officials knew full well what the planning rules were when they bought the Van Ness site.

This is a $2.5 billion project. Community benefits need to be a significant part of the final plan. If anything, Lee’s proposals are too limited (Sutter should agree to protect St. Luke’s for 50 years, not 20). The planning commissioners should stick to their positions — this project is out of control, and if Browner wants to see it built, he needs to come back with a new set of numbers, and a new attitude.

 

The Guardian Forum: Issues for the next mayor

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A series of panel discussions and participatory debates framing the progressive issues for the mayor’s race and beyond

Forum Two: Budget, Healthcare and Social Services
• Gabriel Haaland, SEIU 1021
• Brenda Barros, Health Care Worker, SF General Hospital
• Debbi Lerman, Human Services Network
• Jenny Friedenbach, Budget Justice Coalition
And others to be confirmed!

June 21 • 6 pm – 8 pm
UNITE HERE Local 2, 209 Golden Gate

Outline of Programs:
June 9: Economy, Jobs and the Progressive Agenda
June 21: Budget, Healthcare and Social Services
July 14: Tenants, Housing and Land Use
July 28: Immigration, Education and Youth
Aug. 25: Environment, Energy and Climate Change

Cosponsors:
• Harvey Milk LGBT Democratic Club
• San Francisco Tenants Union
• SEIU Local 1021
• San Francisco Rising
• San Francisco Human Services Network
• Council of community housing organizations
• Community congress 2010
• Center for Political Education

All events are free. Sessions will include substantial time for audience participation and discussion.
Please join us!

Lee should veto Parkmerced

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

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

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

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

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

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

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

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

Behind the all-smiles budget

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news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

 

THE GOOD NEWS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

THE BAD NEWS

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

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

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

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

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

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

Stopping foreclosure secrecy

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OPINION Thanks to a shadowy corporate mortgage recording system, millions of Californians have no idea who owns their home loans.

As we suffer through this recession triggered by reckless subprime lending and Wall Street speculation, our recovery is being held back in part because people are struggling with foreclosures and underwater home values — exacerbated by a lack of mortgage transparency.

The mess created by Wall Street is causing wrongful foreclosures and wreaking havoc. Real people — often lower-income families and communities of color — are enduring the devastation of foreclosure processes because of the excesses of bankers and investment firms.

In San Francisco, we’ve seen the highest number of foreclosures in the Ingleside-Excelsior, Bayview, Tenderloin, and Mission neighborhoods — many of the places where home values have fallen most. Whether or not you face foreclosure, we all pay for this crisis by losing vital tax revenue that could go to support our schools, protect our neighborhoods, or build our economy.

When Wall Street realized it could make billions by bundling mortgages and selling them to investors, banks and financial institutions needed a way around recording the ownership and assignment of home loans. What the banks and Wall Street came up with is a shadowy, industry-backed reporting system called MERS — mortgage electronic reporting system.

Simply stated, subprime and predatory lending allowed banks to create millions of questionable mortgages, Wall Street bundled these risky mortgages together to sell to investors, and MERS made it quicker and easier to conduct these risky transactions with impunity.

As San Francisco’s assessor-recorder and a financial advocate for low-income communities, we have seen harmful industry practices wreak havoc on families trying to stay in their homes — whether by use of MERS that clouds property titles, wrongful foreclosures, or denied loan modifications.

The state Legislature considered several good foreclosure bills this year. One proposal placed a $20,000 fee on financial institutions attempting a foreclosure. This would have discouraged foreclosure and helped defray costs to communities if the process went ahead.

State Sen. Mark Leno( D-SF) and Senate President pro tem Darrell Steinberg (D-Sacramento) offered legislation stopping banks from proceeding with foreclosures when a homeowner is attempting to modify his or her mortgage.

Assessor-Recorder Ting is sponsoring a bill requiring that all mortgage assignments and transfers be recorded with counties, thus taking this process out of the murky MERS system.

Unfortunately, the banks and their armies of lawyers and lobbyists have been able to stymie these reforms.

We must continue to fight these wealthy, powerful lobbies so that the long road to recovery in our housing markets and communities can begin. We cannot let Sacramento forget it was financial institutions that fueled the housing bubble, crashed the stock market, and sent shockwaves throughout the economy with their reckless practices.

Few states have been ravaged by subprime lending and the meltdown of mortgage-backed securities the way California has, so we must continue reforming the practices of banks and Wall Street that have thrown our economy and communities into turmoil.

Phil Ting is San Francisco assessor-recorder. Kevin Stein works with the California Reinvestment Coalition.

Treasure Island: So “special”

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Actually, there are a bunch of problems. The Chron says the developers want to make the place “special,” a community of its own:


Developers hope the project, which goes before the Board of Supervisors for approval today, will feel like an urban village in the middle of a bustling metropolitan area. They hope urban farms, plentiful public transit and shared community spaces will give residents of the island a sense of community not found in other developments. …


For Treasure Island to be successful, developers and city planning experts agree that the residents of the island must feel like part of a special, distinct neighborhood where people want to spend time, and not just another community of commuters to San Francisco.


But the numbers don’t add up.

The plans call for 19,000 people living on the island — and there won’t be anywhere near enough employment opportunities for even a fraction of that number. So most of the residents are going to work somewhere else. Which means that twice a day they’ll have to travel — to and from San Francisco or to and from the East Bay — and there’s just no easy way to get that many people off that island to those locations.

Ther Bay Bridge is already beyond capacity during the periods when most of these people are going to be commuting. Yes, you can add a bunch of Muni buses to carry a lot of people, but that’s going to cost a lot of money. So would increasing ferry service to the level that this project would require. And if the past 50 years of San Francisco development is any guide (and it ought to be), the developers won’t pay enough for the transportation and the city won’t have the money to do it right so it won’t happen.

And even if the project meets the developers’ dreams in 30 years, it’s going to be a long, messy slog along the way. 

How, for example, will people who live on the island get their kids to school? Given San Francisco’s school-choice system, and the fact that there won’t be elementary, middle and high schools on the island anyway, and the school district can’t pay for the bus routes it has now, much less for new buses going to Treasure Island, you’re going to have hundreds of parents going to schools all over the city — and there will be only one way to get there: In cars.

(I’m all for no-car travel, but let’s be serious: Who’s got the time to take a kindergartener on the ferry downtown and on one or maybe two bus connections to a school — then turn around and take another bus to work? It isn’t going to happen. And nobody’s sending elementary school kids on Muni to school alone.)

If the supermarket isn’t built before most people move in, then you’ve got the grocery problem: It’s hard to do a week’s shopping on Muni and then a ferry. And what happens when you forget the milk (or run out of beer on the weekend?) No way to walk to the store, so you get in the car.

To make it even worse, 80 percent of the people who live there will be rich (since that’s who can afford market-rate housing). They’ll all have cars (and the developer kindly is providing parking spaces for all of them).

I just don’t see how it’s going to work. 

Editorial: Mayor Ed Lee should veto the Parkmerced development agreement

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

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

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

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

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

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

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

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

 

 

Treasure Island goes to the Board

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There’s three reasons I’ll always remember the Chronicle’s Phil Bronstein: he used to be married to Sharon Stone, he got bitten by a Komodo Dragon at the L.A. zoo, and he had the audacity to write a column in the Chronicle that was titled “Treasure Island eco-dream is bad choice for funds.”
Now it’s true that Bronstein was a 1986 Pulitzer Prize finalist for his work in the Philippines. But that was 25 years ago, and I didn’t read what he wrote, so I can’t comment on the quality of his work  then. But now I live in the East Bay and drive past Treasure Island most days of the week—and I have been waiting for someone at the Chronicle to finally voice something other than their usual preppy praise for this increasingly large development in the middle of the Bay.
 
And Bronstein certainly did have plenty to say about Treasure Island. And it wasn’t the usual upbeat pap about “bold and robust visions” that the Chron usually serves up when it concerns anything that involves Lennar and public-private development. Instead,  Bronstein began by describing T.I.  as a “onetime secretive Navy base filled with deer, political patronage and who knows what buried in the ground.”

Now, part of Bronstein’s fire may have been a result of him writing his column in April, a few weeks after a massive earthquake and tsunami hit Japan, triggering a nuclear meltdown. Or two or three.

Bronstein’s infamous rant even mentioned some of the radiologically impacted things at Treasure Island that, as he put it, “leached into the soil from weaponry or other deadly items: radium and PCBs 100,000 times the acceptable levels.”
And then he compared Lennar and billionaire Ron Burkle to “contemporary development pirates.” Believe me, that was a surprise to read in the Chronicle.

“This year, they’re scheduled to break ground on a huge multibillion-dollar public-private ecotopia mini-city built upon toxic waste and landfill,” Bronstein wrote. “This glorious contradiction might become a triumph of super-green living and high-end dreams. But it also represents something else: bad choices about how to spend public money in ever tighter times.”

Bronstein noted that the Board has a brief panic in April when they considered whether a Japan-style disaster could wipe out the T.I. plan, but that Rich Hills of the Mayor’s Office said the “disaster potential has already been addressed.”
“Unless we have what Hills called ‘a freak disaster,’” Bronstein added with a cutting bite that his Komodo dragon would have been proud of, including Bronstein’s inclusion of the fact that Treasure Island is on the California Emergency Management Agency’s tsunami inundation map, and that while we are coughing up $105 million to developers who want to profit from high-density living on T. I, all of us are neglecting aging infrastructure that we already have.

“While T.I. developers are busy putting some kind of shower cap-like cover over the land so trees and foundations don’t touch toxic ground that can’t and won’t be cleaned up, our children stand a pretty good chance of being flattened like pancakes in existing structures while they’re learning math and history during the next, inevitable big quake,” Bronstein concluded.
Meanwhile, those of us who drive the seismically-compromised Bay Bridge each day can’t help wondering how folks who decide to move to the development that’s being planned for Treasure Island will ever get off the island—unless they have a pirate ship.

That’s because every morning, we get to see a long line of drivers waiting—without much success—for drivers on the Bay Bridge to slow down and let them into the traffic.

Those of us who sometimes commute by ferry also know how tricky it is try and catch the last ferry, which leaves the San Francisco Ferry Building at 8:25 p.m. That’s way earlier than most commission meetings end. And earlier than most nightlife begins.

And then there’s the question of what happens when you get back to Treasure Island–and realize you forgot to buy milk, collect the dog, or pick up the kids from day care.

Now, maybe the city and the developers believe they have thoroughly considered and answered all these questions. But have they done any outreach to East Bay commuters, whose journey will likely be further impacted by the T.I. plan? If so, I certainly haven’t heard about it. And what about the folks in Berkeley who likely won’t be able to see San Francisco once a bunch of high-rises pop up in the Bay? Have they been consulted?

This Tuesday (June 7) at 5 p.m., the Board will hear an appeal of the city’s Treasure Island environmental impact report and consider a huge batch of related documents. (And I’m willing to bet that most current supervisors don’t know too much about this plan, and probably have only flipped through the thousands of pages of documentation related to it)

The appeal was filed by the Sierra Club, Golden Gate Audubon Society, and Arc Ecology, who last year filed an appeal around the city’s EIR for Lennar’s massive Hunters Point Shipyard/Candlestick Project. Only this time, this trio is being joined by a group of Treasure Island residents—and former Board President Aaron Peskin.

Which reminds me: Three weeks after Bronstein wrote his amazing Treasure Island hit, piece, his fellow columnists at the Chronicle, Phillip Matier and Andy Ross, were back, sounding much more like the Chronicle’s attack dogs usually do, when it comes to anyone who dares to find the city and Lennar’s massive plans less than perfect: “Peskin, who as a supervisor was notorious for his middle-of-night phone rants to department heads, called the proposed high-rise plan that just squeaked by the Planning Commission a ‘laughingstock mistake,’” M& R crowed.

But in the end, they quoted the very thought that Peskin wants M&R to print and Chronicle readers to consider about the city’s current Treasure Island plan:

“It will horrify San Francisco and the Bay Area for decades to come,” Peskin said.

Now, as the folks joining Peskin in opposing the city’s current plan note, they aren’t trying to stop the development of Treasure Island. They are simply fighting the latest plan.

“The developer and the city already have an approved EIR and project plan for a 6,000 unit smaller scale, more transit friendly project that was passed in 2006,” Arc Ecology states in a flier that it plans to distribute at the June 7 hearing. “Environmentalists and many of the appellants supported that plan. Don’t be fooled by the rhetoric. It was the earlier plan that won all the awards for sustainability.”

And as Arc points out, the city’s latest EIR and the plan currently before the Board is an entirely different animal from the city’s 2006 plan.

“It’s 25 percent bigger than the 2006 plan, tipping the scales on its impacts,” Arc states. “It increases the housing by 25 percent to 8,000 units, decreases transit service and affordable housing and competes with hotels and businesses that already exist downtown.”

“What can you do? Tell the Board to go back to the 2006 plan,” Arc advises.

The flier also lists a bunch of bullet points that outline some of the coalition’s objections.

“It’s unsustainable,” the flier states, claiming that under the new plan, there will be, “too many cars, too much traffic, too much air pollution.”

Under the new plan, there is also a seven percent reduction on the affordable housing set aside and a 17 percent reduction in overall affordable housing units, Arc notes. That’s another way of saying, “There is not enough affordable housing.”

And Arc claims the island will remain contaminated (see Bronstein’s rant about radionuclides and PCBs at the beginning of this post) even after the Navy completes its toxic and radiological cleanup. That the 40-story high-rise towers will obstruct views of San Francisco from the East Bay, and vice versa. And that the project financing plan will drive the city further into debt for at least another 15 years.

Arc’s flier concludes by asserting that the whole plan is undemocratic.
“Once approved, there will be no further environmental review of project plans—ever!” Arc claims. “Once approved the project will be implemented by an unelected nonprofit corporation. There has been no outreach or involvement of East Bay residents despite traffic and view impacts. The plan repays $55 million in additional developer costs to purchase this island with hundreds of millions of dollars of impacts on Bay Area residents.”

Now, I’m sure officials for the City and the developer will have plenty of counter arguments–and possibly busloads of low-income T.I. residents/unemployed SF workers, who will be shipped into the Board’s Chambers to argue that they need the Board to approve this plan so they can have new homes and jobs. Because that’s what happened last year, when Arc and the Sierra Club and Golden Gate Audubon expressed their concerns about plans to carve up the Candlestick State Park Recreation Area and build a bridge over the Yosemite Slough. And suddenly found themselves cast as the big bad villains, when it came to the city and Lennar’s wish to ram through the Candlestick/Shipyard plan.

But regardless of whether you believe in the project, oppose it, or don’t know much about it, make sure you show up at 5pm in Room 250 at City Hall on June 7, if you want to hear what actually goes down. Especially if you work in San Francisco, and live in the East Bay, because much of the Treasure Island traffic will directly impact the East Bay. 

Or as Arc puts it, “This new project is 25 percent larger than the prior one and like the difference between a 75 degree day and a 100 degree day – this increase in size makes all the difference. The new project will overdrive bridge capacity, create too much traffic, not enough transit, reduced levels of affordable housing, and vests enormous public power in an unaccountable, unelected development authority.  Please tell the Board they don’t have to go back to the drawing board – just to the 2006 plan and recirculate the EIR.”
 

Sneaky campaign to draft Lee sullies political environment

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

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

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

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

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

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

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

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

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

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

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

Sacramento deadline: Some key bills

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A bunch of key bills come up in the state Legislature this week — and some of them are going to be very close. Assemblymember Tom Ammiano is pushing hard to get AB 1017, which would eliminate mandatory felony charges for pot cultivation, throught the Assembly floor (in fact, when I called his press secretary, Quintin Mecke, today (June 1) at about 11 a.m., Ammiano was on the floor making his 1017 pitch.) Ammiano also has a key tenant bill, AB 265, which would allow tenants who are a few days late with the rent to avoid eviction.


Dean Preston, executive director of Tenants Together, has a great rundown on the major tenant bills here. Sen. Mark Leno’s bill, SB 184, which is critical to protecting the rights of cities to demand affordable housing as part of a development deal, is going to be very close. So is Assemblymember Mike Feuer’s AB 934 — a nobrainer that simply clarifies tenant protections that have been threatened by recent court cases. (Preston told me that San Francisco Assemblymember Fiona Ma is not among the bill’s supporters at this point; you can call her office at  557-2312 and let her know you want her to vote for it.)


Sen. Leland Yee has gotten two bills through, one that would allow pharmacies to sell sterile syringes without a prescription and one that mandates more sunshine in the courts. His bill forcing the University of California to open up its foundation records will almost certainly clear the Senate now that UC had dropped its opposition. Tougher going, I expect, for SB 9, which would end life without parole sentences for juveniles.


Leno’s bill legalizing infusion drinks at bars cleared the Senate. He’s also pushing a Community Choice Aggregation bill, SB 790, and  the long-awaited, much-fought-over cell phone, SB 932, which would require modest disclosure of cell-phone radiation.


The difference between this session and the last one is that a lot of these bills might actually get the governor’s signature.

Not in our neighborhood

6

news@sfbg.com

San Francisco faces an enormous shortage of affordable housing for young people at risk of homelessness, but a pair of projects intended to address the issue are under fire from neighborhood activists in supervisorial District 2, home to the city’s wealthiest residents.

The proposed conversion of the defunct Edward II Hotel and the major overhaul at the Booker T. Washington Community Service Center (BTWCSC) could create a combined 74 units of affordable housing for vulnerable youth, complete with services and support systems to help young people coming from foster or homeless families.

“We are building houses for young people who are getting their start in life,” said Julian Davis, president of the board of BTWCSC. “There was a great need for foster youth housing that has been studied ad nauseam … Our center wanted to contribute.”

But both projects have run into strong neighborhood opposition that appears to have turned D2 Sup. Mark Farrell against the projects as proposed, despite initial support for the BTWCSC project by both Farrell and his predecessor, Michela Alioto-Pier. Farrell’s approach has frustrated project opponents and caused the representative of a neighboring district, Sup. Ross Mirkarimi, to sponsor the project.

“The project emanated from Michela Alioto-Pier and she supported the original project, which is why I joined her in support and it initially appeared that Sup. Farrell was joining that support,” Mirkarimi told us, noting that he is continuing to champion the project because it borders his district and because “the Booker T center has a long reach and serves clients from throughout city.”

After hearing from constituents concerned about parking, the size of the five-story building that is proposed, and other issues, Farrell dropped his sponsorship of the project and submitted alternative legislation that cut the building to four stories, presenting it to project proponents without their input as a take-it-or-leave-it proposal.

“The thing I find most puzzling about this is the lack of communication with me personally,” BTWCSC Executive Director Pat Scott said of Farrell, noting how helpful Alioto-Pier and Farrell’s staff had been before opponents convinced him to drop his support for the project. “I was a little taken aback, quite frankly. I would just assume that he’d talk to me.

But Farrell said he was simply trying to heed neighborhood concerns and craft a compromise that would get neighbors to drop their lawsuit threats and appeal of the Planning Commission’s 6-1 vote to approve the project. “I can’t control what happened in the past, I’m only here to make sure everyone is happy now,” Farrell told us. “I absolutely support the project, I think the community center is great … We’re arguing over a story.”

Yet Scott noted that project proponents already had compromised on a project that was initially proposed for eight stories, and she said that even at five stories, it isn’t coming anywhere near what the city actually needs. So while Farrell casts it as a fight over one story, Scott said, “10 units is a big thing in a city that has nothing for these kids.”

That need was outlined in a 2007 report by the Mayor’s Transitional Youth Task Force. The group of city officials and nonprofit providers, convened by then-Mayor Gavin Newsom, studied issues affecting at-risk youth between the ages 16 and 24 and one of the major needs identified was housing.

A follow-up study found that 4,500 to 6,800 young people are “homeless or marginally housed each year.” The citywide affordable housing stock for this population sat at meager 314 units at the time.

“We are not doing a good enough job as a city and as a state [to help at-risk youth],” Davis said. “Once they leave the foster care system, there is very little support for them.”

The report called for 400 new affordable housing units for this population to be completed or under construction by 2012. Edward II and BTWCSC are located in the Marina and the Western Addition, respectively, in proximity to affluent neighborhoods in a district with a dearth of affordable housing.

“With supportive housing [going] into neighborhoods that never had affordable housing, there is a certain unknown and it makes people uncomfortable,” said Gail Gilman, Executive Director of Community Housing Partnership, which owns and manages the Edward II project.

Patricia Vaughey, a resident of the Marina-Cow Hollow area since 1976, is perhaps the most vocal critic of the project. She has used the neighborhood associations and every other city forum she can find as platforms to lambaste the plans. “It just kills my soul to see this project,” she told us, voicing a variety of concerns about how the project would be managed. “I am so worried about the kids … We are asking for the best program in the country and we are not getting it.”

Yet Gilman said that considerable energy and many resources have been invested in designing Edward II and that she trusts Larkin Street Youth Service, a respected nonprofit agency, to do the programming. “We chose to partner with Larkin Street because they are the experts in this area,” she said.

Vaughey characterized the stretch of Lombard Street between Divisadero and Van Ness streets, where Edward II will be located, as marred by crime and prostitution and unsuitable for this project. “We have a little Tenderloin down here,” she said.

Gilman disputed that characterization and said the building was chosen after an extensive search and that it met the criteria of having the right sized building in a safe neighborhood with good access to public transit and open space.

But many residents have expressed concern over the pending change to zoning for the building. And if the BTWCSC project couldn’t win Farrell’s support, the Edward II project faces an even more uphill battle because Farrell told us, “There’s an even stronger level of neighborhood concern over that project…. It’s going to be a tough hill to climb.”

The contentious issue under review by the Planning Department is an application to expand the density limit from 16 units to 24.

John Miller, president of the Marina Community Association, said that “from a neighborhood dynamic perspective,” a change to density is problematic. He said changing the density for one building is a slippery slope that could hurt the entire neighborhood. “Higher density is inconsistent with the neighborhood. It could work beautifully at lower density.”

Miller said potential renters in the vicinity would be concerned with “loitering that could occur when people are coming and going … With so many people there is no sense of community”

Yet as with BTWCSC, proponents say simply slashing the project to a smaller size would kill it because then it wouldn’t pencil out financially. Making an issue of density is therefore obstruction of the project because compromise cannot be reached on the issue.

Farrell, a venture capitalist, said he ran the numbers on BTWCSC and believes it would still be a viable project at four stories if the Mayor’s Office of Housing is able to offer some unspecified assistance, as he said the officials there have pledged to him they would. “I know we need more affordable housing,” Farrell said, rejecting suggestions that D2 residents tend to oppose all affordable housing projects. “I don’t think that should be a part of this conversation.”

Farrell criticized the outreach done by Edward II proponents, telling us, “I don’t think it was done in a tactful way.” But Miller said a recent meeting with Gilman and others was positive. “It was an effort on their part to respond to the neighborhood concerns as best they can,” Miller said.

“We are confident we can partner with the community in a proactive way to address the concerns that are addressable,” Gilman said. “If we diligently work with the community, we can have positive project.”

Edward II is on track to come before the Planning Commission in mid-July, while the appeal of the BTWCSC project is scheduled to be heard by the Board of Supervisors Land Use Committee on June 6 at 1 p.m. Neither Mirkarimi nor Farrell offered predictions, but both said the issue of whether the project should be four or five stories will likely be a key part of the discussion.

“Coming through the process has made me super supportive of all plans for transition age housing. I was already a supporter but this made me a fervent supporter,” Scott said. “The amount of opposition by people who don’t care what happens to our children — it makes you want to fight.”

Shaking the city

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arts@sfbg.com

LIT Activist, writer, and fast-talking leftist public intellectual Chris Carlsson, cofounder of the monthly bike happening Critical Mass, spearheads the online local history repository Shaping San Francisco. I recently spoke with Carlsson about Shaping SF and his associated projects, including three collections of cultural and political essays published by City Lights Books, the most recent of which, Ten Years that Shook the City: San Francisco 1968-1978, will be released June 15.

Carlsson began work on Shaping SF — a multimedia digital history project — in 1994 with co-conspirators from his often hilarious dissident magazine Processed World.

Reclaiming San Francisco: History , Politics, Culture, edited by James Brook, Carlsson, and Nancy Peters, was published in conjunction with the first CD and kiosk release of Shaping SF in early 1998. The collection of essays sets the tone for what would become, in Carlsson’s words, “an ongoing series of contrarian history anthologies about San Francisco.”

The second book in the series, The Political Edge (2004), examines cultural and political dynamics behind the popular mobilization to elect Green Party candidate Matt Gonzalez, a surprisingly close mayoral race that Gavin Newsom won in part with massive support from the San Francisco Chronicle and the national Democratic Party.

Carlsson says Ten Years that Shook the City continues his work “to counter our amnesiac culture.” More specifically, the book takes on the argument that the 1960s were filled with experiments that didn’t work out. Carlsson told me that evidence to the contrary “has systematically been flushed down the toilet” by mainstream commentators.

The book begins with a remembrance of the 1968 San Francisco State College strike, but in his introduction Carlsson writes: “From today’s organic food and community gardening movements to environmental justice, gay rights, and other social identity movements, neighborhood anti-gentrification efforts, and much more, the 1970s are the years when transformative social values burrowed deeply into society.”

In more than 30 years of activism, he also has crossed paths with many who became contributors to the series. Carlsson recalls when he attended an anti-nuclear rally in 1979 and was handed a flyer from a group called the “Union of Concerned Commies.” The leaflet featured a drawing of the White House with nuclear cooling towers on either wing, done by veteran underground cartoonist Jay Kinney. Kinney contributed one of the most entertaining pieces in Ten Years, a short history of underground comix (in a move below mainstream radar, “comics” became “comix”).

Former Guardian staffer Rachel Brahinsky contributed a heart-wrenching look at the (ongoing) African American exodus from the City by the Bay in the wake of the neighborhood-destroying process officially called “urban renewal.” In the chapter that follows Brahinsky’s, veteran organizer Calvin Welch describes further tenant victories in the creation of what he refers to as “the community housing movement.”

Carlsson’s chapter, “Ecology Emerges,” parallels a series of green history talks of the same name held this year at Counterpulse, Shaping SF’s home base at 1310 Mission St. Carlsson links the 1990s emergence of the environmental justice movement to David Brower, especially the more radical work Brower began when he left the Sierra Club and cofounded Friends of the Earth in 1969. Brower felt Greens should be antiwar, and was keen on making connections between movements. The ecologically-minded individuals and groupings Carlsson highlights also shared a disinterest in becoming a permanent cheering section for Democrats, working instead to keep pressure building from below.

I asked Carlsson for his take on the Obama administration’s announced plans to allow the mining of millions, possibly billions, of tons of coal on public lands.

“Obama was supported from the beginning by Big Finance an Big Coal,” Carlsson responded. He has never shown any indication he is anything but their front man. His lack of imagination on the energy crisis, the economic crisis, the military-empire crisis, and the social crisis is nothing less than remarkable.”

CHRIS CARLSSON

Thurs/2, 7 p.m., free

City Lights Bookstore

261 Columbus, SF

(415) 362-8193

www.citylights.com

 

Vote your vote away

The article has been changed from the print version to correct an error.

In a surprising move that is causing a strong backlash from progressives and other groups that have won important reforms at the ballot box, Sup. Scott Wiener is pushing a charter amendment that would allow the Board of Supervisors to change or repeal voter-approved ballot measures years after they become law.

If voters approve Wiener’s charter amendment, among the most vulnerable reforms may be tenant protections such as limitations on rent increases, relocation assistance for no-fault tenant removal, and owner move-in eviction limits, to name a few.

The Rules Committee heard concerned testimony about the proposal May 19 and opted to hold off on voting to send it to the full board for approval until the next meeting on June 2 to allow for more public comment.

If approved, the amendment will be on the November ballot, although the public may be confused about why such an amendment would be on the ballot in the first place. The measure covers ordinances and resolutions that were placed on the ballot by supervisors, and Wiener has said he plans to amend the measure to exempt those placed on the ballot by voter petition. Changes to taxes or bonds are not a part of the amendment because those are required by state law to go to the ballot box.

Paradoxically, Wiener’s reasoning for the proposal is that he believes voters are bogged down with too many ballot measures with complex issues that need changes, measures he claims the board could deal with more efficiently. But critics say it makes progressive reforms vulnerable to attack by a board that is heavily influenced by big-money interests.

At the committee meeting, about a dozen people spoke in opposition to the amendment, saying it seemed broad in scope and would be a more appropriate change at the state level.

Matthias Mormino, a legislative aide to Sup. Jane Kim, who chairs the Rules Committee, said that his boss is still on the fence. “She has concerns and hasn’t made up her mind yet.”

Currently California is one of the last states where a voter-approved initiative cannot be subject to veto, amendment, or repeal, except by the voters.

“It’s not a radical thing,” Wiener told the Guardian about the proposed amendment. “My thinking is that we should do our jobs. We elect public officials to make decisions every week. I wanted to strike a balance where the voters still have a strong say.”

But how strong of a say will the voting public have in cases where voter-approved initiatives are changed by the decisions of a board of politicians with their own influences and bias?

Wiener stated that he had no specific initiatives in mind when he decided to propose the amendment nor was he targeting any kind of legislation, except ones that are “outdated.” Wiener cited an example of updating campaign consultant reporting from quarterly to monthly as a change that needed to happen but could seemingly be a nuisance at the ballot box.

He is proposing a tiered system in which, for the first three years, an initiative is untouchable. In four years, a two-thirds majority vote by the board could make changes to initiatives; after seven years, a simple majority could do so. That means a raft of tenant measures approved in the 1990s could come under immediate attack.

“Does he not like our sick-leave policy?” Sup. John Avalos told us. “It’s so vague and unclear on what he is trying to do. I’m afraid that he is trying to change laws that are popular with the voters. It’s not a democratic way to resolve policy issues.”

Calvin Welch, a longtime progressive and housing activist, has his own theory on Wiener’s proposal. “Voters don’t have a big problem discerning which ones they agree with and which ones they don’t,” he said about voter-approved initiatives.

He did the number-crunching and concluded that of the 983 policy ordinances on the books, 207 (21 percent) were policy initiatives. Of those, 102 (about 10 percent) were approved by the voters.

“Not quite overwhelming the ballot,” Welch said. “The argument that what is promoting this — the inundation of the initiatives — is not borne of the facts.”

Welch believes Wiener is targeting certain landlord and tenant issues that date back to 1978, when San Francisco voters first started adopting rent control measures. “That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said.

Wiener denies this is an attack on tenants, and claims he doesn’t have a specific agenda in mind. “This is long-term reform, not immediate gratification reform. To take the big, big step, we would have to change state law. This is just a modest first step.”

Welch also took issue with the idea of “election proportionality,” calling the measure an undemocratic power grab since many initiatives in San Francisco’s history were approved with more than 200,000 votes.

“Mayors don’t get 200,000 votes — these measures do,” Welch said. “That a body can overrule thousands of voters undermines the election process of San Francisco. Why not limit government actors instead of the people? It’s about what Sup. Wiener wants to change.”

Budget set-asides have long been a target for legislators, explained Chelsea Boilard, a budget analyst with Coleman Advocates for Children and Youth. Historically in San Francisco, moderate politicians have mostly honed in on social service programs, not those with a lot of clout and political backing, like police and fire budgets. Although the Children’s Fund, which was set up by a charter amendment, would be exempt, other social program priorities set by voters could be eroded.

“The reality is that the police and fire departments don’t have to go to City Hall every year to defend their budgets, but health and human services do,” Boilard said.

While many on the left would love for the California Legislature to have the authority to make changes in the property-tax-limiting Proposition 13 — like by removing commercial property from being taxed at artificially low levels — activists see real danger in Wiener’s measure.

“I think this is bad policy. I know folks are frustrated with Prop. 13, for example, and wish it was easier to amend or repeal. But the way he’s going about this is odd to me,” political activist Karen Babbitt told us. “For one thing, it appears to apply to retroactively to existing ordinances and policy declarations.”

Babbitt also cites legal research indicating that Wiener’s proposal might contradict state law and be subject to legal challenge if it passes. Plus, that challenge could come from any direction since it would allow liberal and conservative reforms to be challenged by the board.

One proposition that would fall under Wiener’s amendment is Proposition L, the sit-lie ordinance approved last year that prohibits sitting or lying on public sidewalks between 7 am and 11 p.m. After a divisive campaign against the measure, police began enforcing it in April. In three years and with enough votes by the board, the board could repeal a law that Wiener supports.

“It’s really interesting,” said Bob-Offer Westort, a civil rights organizer with the San Francisco Coalition of Homelessness. “I have a lot of questions. I guess it cuts both ways. We’d like to see the aggressive panhandling law changed. We’d like to see the sit-lie repealed. There are definitely things, with the right composition of the board, we would benefit from. And there are things that we would not want to see changed.”

Either way, the measure could result in some divisive fights at the board. “One person presenting this as a way to get it done is not the answer,” Avalos said. “I worry that he will use the amendment to dismantle certain voter-approved laws.”

David Chiu helps Leland Yee

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


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


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


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


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


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


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


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


 

Big launch for Avalos, emphasizing unity and integrity

69

John Avalos launched his mayoral campaign yesterday with a spirited event in a sunny SoMa park that drew several hundred enthusiastic supporters, ranging from elected officials such as Assemblymember Tom Ammiano and Sups. Ross Mirkarimi and Eric Mar to representatives of a wide variety of progressive and community organizations.

There was also an unlikely supporter: Sen. Leland Yee, who is also running for mayor but spoke to reporters wearing an Avalos sticker and said he was pleased that Avalos is in the race. The two men were each endorsed by the SF Bay chapter of the Sierra Club over weekend, and Yee’s campaign appears to be trying to court the second place votes from supporters of Avalos, the only solid progressive in the race.

But political sideshows aside, this was a day for Avalos and his supporters to shine, and they demonstrated a larger and more energetic event than other mayoral candidates have managed to pull together so far. And the crowd took the opportunity to emphasize Avalos’ progressive values of integrity and collaboration, in the process taking subtle swipes at the ambitions and egocentrism of other mayoral candidates.

“We are for John Avalos because John Avalos is for all of us,” was the repeated refrain in a strong speech by “progressive Christian pastor” and blogger Bruce Reyes-Chow.

Ammiano noted that it was the birthday of Harvey Milk and said that Avalos is the heir to Milk’s legacy of promoting progressive change through community organizing. “Harvey Milk knew the secret and the secret was grassroots…Without that tethering together, we never move forward,” said Ammiano, whose endorsement of Avalos could be a significant factor in the race, particularly as Bay Area Reporter writers and other LGBT entities support other candidates.

Ammiano offered a few reasons for his endorsement, joking that, “He has the best hair of all the candidates.” But even more important was the issue of integrity and trustworthiness, where Ammiano said Avalos really shines. “Trust is a significant attribute and you don’t see a lot of that [in public life]. And John is honorable,” Ammiano said.

Other speakers from labor and progressive organizations emphasized how Avalos has been fighting for progressive causes his entire adult life. “John cares about the issues we care about and he listens,” said Andrea Buffa of Global Exchange, who also worked with Avalos on campaigns against corporate dominance when she worked for Media Alliance.

“I’m here to fight for John because John fights for all of us,” was the conclusion of the fifth-grade student from San Francisco Community School, who introduced Avalos.

During his speech, Avalos said he was touched by the huge turnout and display of enthusiasm. “It’s such a joy to see you here. My heart is swollen,” he said, before introducing his family and telling a story of his father’s lifetime of union activism on behalf of Los Angeles dock workers. “I learned from him the value of hard work and devotion to something much greater than yourself,” Avalos said.

And the main cause that Avalos has devoted himself to in San Francisco has been the progressive movement, with its commitment to workers rights and social and economic justice. “We see that wealth is accumulating into fewer and fewer hands,” Avalos said, one of several core problems that he said his candidacy is committed to addressing, later adding, “I’m running for mayor to even the playing field.”

While he advocated for creating safe streets for pedestrians and cyclists, stimulating job growth, and adopting a housing policy designed to promote diversity by creating more homes for low- and middle-income San Franciscans, he devoted much of his address to addressing the core problem of wealthy special interests getting their way at City Hall.

“We cannot have the same business as usual that greases the wheels with lobbyists,” Avalos said. “I’ll put the interests of the collective above the interests of the few, day in and day out.”

Avalos cast this year’s mayoral election as pivotal to San Francisco’s future. “As a city, we are at the crossroads and only we can turn the tide,” Avalos told a crowd from which almost 400 people signed up to volunteer on his campaign, closing with a line that echoed Milk’s refrain from almost 40 years ago: “I want to recruit you to this movement.”

Mayor Lee’s dismal budget challenge

4

The “create your own budget” app is nothing new; we’ve seen it at the state level for a couple of years. But it’s new to San Francisco, and Ed Lee’s promoting it. So you can go here and see if you can solve SF’s budget problems.


I did the whole thing, gave the best answers I could — and wound up with the city still deep in the red. That’s because the choices on the app are pretty limited. Only a few modest tax increases are available, along with a lot of cuts. There is, for example, no option for a commercial real estate tax, no option for a tax on vacant housing, no option for a prgoressive gross receipts tax, no option for a city income tax … just a higher sales tax, a utility user tax, and an increase in the (flat) payroll tax. Those are all somewhat regressive options (although the utility user tax isn’t that bad, but it offers a maximum of $4.6 million). All told, the taxes offered together make up about $60 million, or about 20 percent of the deficit.


So why the limited choices? According to the program, these options are “actual policy decisions the mayor and the board of supervisors must make in developing a balanced budget for the next fiscal year.”


Yes, but raising more revenue is also an “actual policy decision.” And while these budget simulators are just gimmicks, this one gives some indication of what Lee’s office things may be in the offing. And if these are the only options the mayor considers on the table, it’s not going to be a pleasant year for health, human services, parks, police, fire or anyone else.


  

Held underwater

1

sarah@sfbg.com

Since the recession began four years ago, 2,000 homes have been lost to foreclosure in San Francisco. These numbers sound insignificant compared to other counties in the Bay Area, but they primarily have hit communities of color already struggling to remain in this expensive city.

As panelists at a recent seminar on foreclosures noted, the first wave hit the Bayview and the Excelsior, while the second hit the Richmond and the Sunset. And as the recession drags on and more borrowers go underwater, another 2,000 foreclosures are on the local horizon.

Although foreclosures continue to destabilize communities and drain resources from local governments, the banking lobby continues to oppose legislative reforms that would allow more people to remain in their homes. And this deep-pocketed resistance has labor, religious, and educational organizations forming the New Bottom Line coalition in an effort to find grassroots solutions to the crisis.

“Foreclosures are the new f-word,” said Regina Davis, CEO of Bayview’s San Francisco Housing Development Corporation, at SFHDC’s April 29 foreclosure seminar.

Sups. John Avalos and Malia Cohen illustrated that there is no shortage of horror stories about predatory lending and dual tracking, in which borrowers apply for loan modifications while the bank continues to pursue foreclosure. Representatives for Sup. Ross Mirkarimi and Assessor-Recorder Phil Ting noted that the banking lobby has blocked even the most modest reforms, even as uncertainty continues to devastate the housing market.

Avalos said his family underwent a housing crisis in 2009, when his wife left her job to home school their special-needs daughter. “We tried to get a loan modification and were told we could only get it by going into default,” he said, recalling how Mission Economic Development Agency (MEDA) helped them navigate the process. “If this could happen to an elected official, it could happen to anyone.”

Cohen, who lost her condo in the Bayview to foreclosure earlier this year, described foreclosure as “an incredible beast that has ravaged and wrecked the finances of many Latino, African American, and Asian communities who were sold the American dream of homeownership but then had the rug pulled away.”

Mirkarimi aide Robert Selna, a former San Francisco Chronicle reporter, said the banking industry spent $70 million last year to kill legislation by state Sen. Mark Leno (D-SF) and Senate President Darrell Steinberg (D-Sacramento) to end dual tracking. This year, the industry has been opposing SB729, Leno and Steinberg’s latest attempt to require banks to give people a definitive answer on loan modification, identify who owns the loan, and give borrowers legal recourse if banks don’t take these steps.

“SB729 gets to the heart of helping to keep people in their homes, but it’s difficult to combat the spending power of the banking industry,” Selna said.

Ben Weber, an analyst in the Assessor-Recorder’s Office, said approximately 277,000 homes in California are going through the foreclosure process; an estimated 1.8 million California residents are underwater on their mortgage; and California is sixth in “negative equity” nationwide. “Negative equity is one of the best indicators of foreclosures — so can we expect another 1.5 million to 1.6 million foreclosures statewide?” he asked.

Weber noted that Ting is supporting AB 1321 by Assemblymember Bob Wieckowski (D-Fremont), which would require that all mortgage assignments be recorded within 30 days of their execution; prevent notices of default from being recorded until 45 days after any deed of trust has been recorded; and provide consumers with better transparency about who owns their debt. Yet Ting’s office reports that the banking industry has lobbied against this and other foreclosure-related legislation

Weber said the legislation is a response to problems with the industry’s Mortgage Electronic Registration System (MERS), which was introduced 15 years ago. “The mortgage industry wanted to expedite the transfer of mortgages between entities so that they could be sold and resold on Wall Street,” Weber said, noting that the system also allowed the industry to avoid paying recording fees to counties.

MERS records an average of 6,700 deeds of trust annually in San Francisco, and MERS deeds of trust are usually transferred two to four times, Weber observed. “So MERS members avoided — conservatively — $134,000 per year in fees.”

Grace Martinez of Alliance of Californians for Community Empowerment noted that the banking lobby already killed AB935 by Assemblymember Bob Blumenfield (D-Northridge), which sought to charge a $20,000 fee to compensate for the estimated cost of a foreclosure to local government. “That money would have gone back to the city,” she said.

In an April 14 letter, the banking lobby claimed Blumenfield’s bill was a tax that increases the costs of homeownership for new borrowers. “It also serves to discourage the importation of capital into California at a time when the federal government is winding down their involvement in mortgage finance and protracts and complicates California’s economic recovery,” stated the letter, which the California Bankers Association, the California Chamber of Commerce, and other business groups signed.

But Dan Byrd, research director at Berkeley’s Greenlining Institute, reminded the mostly black and brown crowd at SFHDC’s foreclosure seminar that declining property values due to foreclosures have drained $193 billion from African American and $180 billion from Latino communities nationwide. “Folks from these communities who had credit good enough to qualify for a prime loan were given subprime loans with adjustable mortgage rates,” he said

Byrd stressed that homeowners facing foreclosures need to be more financially literate. “A lot of loan documents are written in language that people can’t understand, and they don’t have the money to hire a lawyer,” Byrd said, as he urged politicians to fund organizations that provide financial counseling and education. “Our elected federal officials just cut the budget that supports SFHDC and similar groups.”

SFHDC housing counselor Ed Donaldson said appraisal values make it hard to sell the below-market-rate units that are coming online. “So if we don’t do something about the foreclosure problem, the housing market will continue to unwind,” he said, urging people to protests banks and show up at City Hall and in Sacramento to support reform.

The Rev. Arnold Townsend, vice president of the local branch of the National Association for the Advancement of Colored People, said San Francisco likes to pretend that the foreclosure crisis didn’t really affect the city. “But it did,” he said. “It badly hit people of color that the city, by its policies, doesn’t seem to care if they leave.”

Attorney Henri Norris noted that bankruptcy can be an alternative to foreclosure. “A bankruptcy can stop a foreclosure, at least temporarily,” Norris said. He recommends that people make their loans current and try to get a loan modification approved. “But it’s going to take running a marathon.”

Avalos, who is running for mayor, noted that the city does not fund enough affordable housing and he proposed an affordable housing bond that would include assistance for mortgage assistance, ownership downpayment, seismic retrofitting, and energy efficiency. “I understand that voters see no personal benefit, but it would raise wealth in property values,” he said.

Cohen observed that the federal Homeowners Affordable Modification Program (HAMP), which President Obama unveiled in March 2009, “hasn’t worked” and that most of the important reform proposals are “happening at the state level.” She encouraged people to show support for SB729, but wasn’t ready to declare support for Avalos’ housing bond.

“I want to make sure the climate is ripe, that Sups. Carmen Chu and Eric Mar are included, because their districts will be impacted by foreclosures, and that the support is broad-based,” she said. “But folks can divest from banks that have not treated us right.”

Noting that divestment was the most effective way to end apartheid in South Africa, SFHDC’s Davis invited seminar participants to a free screening of Charles Ferguson’s documentary Inside Job, which shows how subprime loans, dual tracking, and mortgage bundling triggered the 2008 financial meltdown — and how many of the main players are still calling the shots.

But despite SFHDC’s informative seminar and the New Bottom Line campaign’s May 3 protest at Wells Fargo’s annual shareholder meetings in San Francisco, SB729 failed to make it out of committee May 4, when Sen. Alex Padilla (D-Van Nuys) announced he would introduce an alternative dual tracking bill. In addition, Wieckowski turned his MERS reform into a two-year bill, suggesting the votes weren’t there to approve it.

Paul Leonard, California director of the Center for Responsible Lending, observed that SB729 supporters include a broad array of consumer, civil rights, labor, faith-based groups, and homeowners, but the only groups in opposition were the California Bankers Association, the Mortgage Bankers Association, and the Chamber of Commerce.

“I find it remarkable that after the exposure of deep-seeded scandals about robo-signing and the systematic shortcomings of mortgage loan service operators, none of the bills intended to address these issues got out of their first committee hearing,” Leonard said.

In an April 20 letter, the banking lobby claimed that SB729 was “unnecessarily complex,” could overlap and contradict actions by federal regulators and state attorneys general, and promote strategic defaults that would negatively affect communities and cloud title for a year following a foreclosure, leaving properties vacant.

Dustin Hobbs of the California Mortgage Bankers Association claims the average time for a foreclosure is more than 300 days. “This would have dragged it out further, and the last thing we need is more vacant homes and more homes in foreclosure,” he said.

Ting noted that Wieckowski made the call to turn AB1321 into a two-year bill. “But you would have thought we were offering the end of home ownership,” Ting said, noting that the banking industry was shocked when advocates produced a MERS memo that encourages banks to record documents and pay fees. “It basically recommended our legislation,” Ting observed.

“Assignments out of MERS name should be recorded in the county land records, even if the state law does not require such a recording,” a Feb. 16 MERS memo said.

Ting describes MERS as “a Wall Street set-up, the ultimate in smoke and mirrors.”

“We did a little poking around in MERS and found that it would help if the name of the loan owner was recorded,” Ting said, noting that the confusion MERS created is bad for consumers, the real estate industry, and homeowners.

“Part of the problem is computer systems doing what banks used to do,” Ting said. “It ended up with robo-signing and foreclosures being sent to the wrong people. I thought AB1321 was a no-brainer, but we had to take it to five or six legislators before anyone would pick it up. This is a prime example of how a particular industry has made a huge amount of money and is unwilling to bend any rules to give consumers any recourse.”

But CMBA’s Hobbs described AB1321 as “part of a broader attack on MERS.” And an April 21 opposition letter from the banking industry describes it as “creating impediments for attracting capital to California’s mortgage marketplace and imposing significant new workloads on county recorders and clerks.”

Ting says he has heard lobbyists make that argument. “But my assessor recorders organization supported it — and they are mostly not elected officials,” he said, noting the group usually doesn’t get involved in promoting legislation.

Ting admits that it’s hard to get the national reforms that are needed. “San Francisco still has a big part to play. And our legislators are still very powerful, so we have no excuse not to be fighting in Sacramento where the Democrats have a supermajority. I mean, how could these bills not get out of committee? It’s not like we didn’t take amendments, but no level of amendments would have made anything happen.”

“Foreclosures typify this financial and political era,” he continued. “They are about all the things we should have seen coming — and some of us did. But even then, and now, there is political amnesia. For all the families that lost their homes, shouldn’t we do something to make sure this doesn’t happen again? Wall Street was bailed out two years ago, but Main Street is still waiting.”

Igniting a union

5

news@sfbg.com

The most contentious and pivotal election ever for the union of academic student employees at the University of California concluded May 8 in a landslide victory for reformers who will now have the chance to deliver on their promise of a more militant and democratic union. In many ways, it was a microcosm for the larger struggle over how to respond to proposals for deep cuts and tuition hikes in the public university systems.

Local 2865 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), represents 12,000 teaching assistants, tutors, readers, and researchers, making it the largest UAW union on the West Coast. Higher education workers make up 40,000 of the 390,000 active UAW members, just over 10 percent.

The caucus of reformers, organized under the banner Academic Workers for a Democratic Union (AWDU), won all 10 executive board positions and 45 out 80 seats at the Joint Council, taking control from incumbent leaders from United for Economic and Social Justice (USEJ), which has presided over the union for most of its 11-year history.

Voter turnout spiked tenfold over the last triennial election with 3,400 ballots cast this election cycle. Union organizers said the hike reflects intensive campaigning by both sides and a political atmosphere that is threatening both higher education in California and public employees across the country.

“This was the first real contested election our union ever had,” said Mandy Cohen, a comparative literature graduate student at UC Berkeley and the AWDU recording secretary-elect. “There was a huge increase in participation, and it was very contentious. Our leadership never had to fight for their position.”

The intensive campaigning translated into an unusually bitter battle for votes with ensuing accusations of foul play. The allegations include intimidation, personal attacks on the character of candidates, and ballot tampering. But the height of controversy and drama came once all the ballots were cast, when the USEJ-dominated elections committee suspended the vote count midway and AWDU members responded with an office sit-in of the union’s headquarters.

Each side tells a different tale for these 1,500 disputed ballots from UC Berkeley and UCLA, the two largest campuses.

From USEJ’s perspective, the sheer number of challenged ballots and the heated environment in the counting room overwhelmed elections officials, who decided to refer the matter to the Joint Council, the governing body of the local.

“AWDU had 20-plus people in the [vote-counting] room. They were continuing the intimidation and aggression. The elections committee decided that it was too much to handle,” said Daraka Larimore-Hall, outgoing president of the local. He said that USEJ elections committee members have been so harangued since the incident that they are not granting requests for media interviews.

AWDU members, who consider UC Berkeley their stronghold, think the vote-counting freeze was the first step on the road to invalidating ballots from a campus with many AWDU supporters.

“Even though we knew they were really threatened by us, the very idea that we would try to disenfranchise 800 voters from the biggest campus — and that’s how they would try to win the election — was really shocking,” Cohen said.

She defended the AWDU decision to videotape the remaining ballots via webcam and take over union offices in protest. “We weren’t taking a partisan position; we just said we wanted the votes counted. I felt like we were clearly in the right. We just wanted to defend the election — and that position was so strong.”

Counting resumed when both sides finally settled on a third-party mediator, delivering 55 percent of the vote to AWDU.

However, on May 16, USEJ released a statement documenting a slew of alleged misconduct throughout the election and calling for a rerun. “It is critical that our members have confidence that the election process is fair and democratic,” reads the statement. “It seems that several categories of problems, with many more individual examples, occurred that are serious enough to justify setting this election aside.”

Whatever happens, reformers at least will have some opportunity to translate their political platform into action. They say they will focus on two areas: increasing the participation and power of the rank and file, and a more aggressive stance toward the university administration and the budget cuts.

“There is real institutional power in this union that should be better mobilized in those fights [for public education],” said president-elect Cheryl Deutsch. “We are hoping to bring into that debate a more mobilized membership … so that we can be a stronger coalition [with others in California].”

She added that the election was already a huge victory in the long-term plan to increase involvement. A history of member indifference and vacancies in the governing board hopefully will give way to a revival in the higher education labor movement, she said.

But Larimore-Hall expressed strong disagreement with the sentiment that the election was a victory for the labor movement. He said he heard AWDU people tell workers that USEJ represents “centrist sell-outs” and “out of touch union bureaucrats,” tactics he criticized. “Going around and telling people their union leaders are corrupt union bosses … in a culture that is steeped in anti-union rhetoric is an easy thing to sell people on,” he said.

Deutsch said she couldn’t take responsibility for the actions of a few amid hundreds of supporters and activists, but that AWDU as a whole did not engage in personal attacks. She said she is proud that her winning slate came from rank-and-file workers, not from traditional union leadership and staff.

It wasn’t the first time the two factions confronted each other. The origin of the tensions can be traced to the recent wave of budgets cuts at the university, and to the ensuing protests. In the summer of 2009, the UC Board of Regents announced a 33 percent tuition hike; the resulting discontent sparked a student movement with its own fair share of ups and downs. Among the protestors were many graduate students who would go on to become AWDU leaders.

Cohen recalls that in fall 2009, there was a “huge explosion of organizing and activism on our campus trying to organize resistance to the cuts — but not within our union.”

Cohen said that she and other graduate students approached the union to encourage action, but that union bureaucracy stifled their efforts. “It was too top-down and difficult to participate. We realized the local wasn’t structured in a way that could be powerful.”

Larimore-Hall said UAW already was “one of the unions that [the university administration] fears most.” He said that AWDU’s position overlooks the union’s accomplishments on the public education front, citing a petition to Sacramento legislators that USEJ organizers got thousands of members to sign.

Early this spring, the issue of labor properly and sufficiently flexing its muscles came center stage as the UAW and the university negotiated a contract. With no concessions to management and gains such as a 2 percent wage increase and more childcare subsidies, Larimore-Hall said the contract is a resounding success.

But Deutsch says that the contract is a perfect example of her disillusionment with traditional union organizing and the previous leadership. Union members ultimately voted to ratify it despite AWDU criticism that the union didn’t seek enough input from members or push for a better deal. AWDU gained traction and established a significant public presence for the first time with this opposition.

“It’s not that I think it’s the worst contract we could have gotten,” she said, explaining that her problem is with the process, not necessarily with the results. If more members had been consulted and included, she would have been content. She mentioned the dire need for affordable housing at the Irvine campus as an example of member concerns that were not prioritized.

Peter Chester, chief contract negotiator for the university, said that in the “current budgetary circumstances,” UAW did “very well” and expressed concern that the slate, which opposed the contract, did so well among academic workers.

But the victory by reformers probably signals a new militancy in the union, which is expected to resist proposals to privatize campus services and push for a stronger voice in the tough decisions facing the university system. Cohen said that making the case for taxing the rich to pay for public education is the wider goal and the reason she ran for a position at the union.

“It’s eye-opening to be a student and benefit from education here at the UC, but also to identify as a public employee,” she said. “When I got to the UC, I was so proud. And then this struggle came to my doorstep, and I didn’t have a choice in this moment.” 

 

Fear the beard

12

rebeccab@sfbg.com

Christopher Hanson, a 38-year-old single father who lives in Albany, doesn’t have one of those scraggly, runaway beards that one might associate with jam bands or train hopping. He keeps his goatee neat and trimmed, sometimes using scissors to clip back the mustache. Yet Hanson says he got fired last month because his facial hair was deemed a violation of his company’s employee appearance policy. Now, he’s fighting back.

Hanson worked as an audio-video technician for Swank Audio Visuals, a company that does conferences and events at major hotels throughout the Bay Area, including the Westin St. Francis, the Claremont, and the Four Seasons. On the day he was fired, he was on his hands and knees taping down a power cord for an event that was about to start at the Claremont when his supervisor asked to have a word with him. Having spoken with his boss about the beard situation before, he got a funny feeling.

“I just knew what he was going to say,” Hanson recalled. “I thought: are these guys really going to push this, this far?”

For Hanson, having a beard is not a matter of personal expression; nor is it related to religious reasons. He has psoriasis, which prevents him from being able to shave. About a week before he was let go, his dermatologist sent a note to Swank’s human resources department explaining that although he was undergoing treatment, she had counseled him never to shave his beard. It could exacerbate the disease, she explained. Shaving the affected area could cause pain, redness, and irritation on a daily basis, as well as unsightly rash. The doctor urged Swank to grant a medical exception for Hanson.

Hanson says he reminded his boss, Ken Reinaas, and Reinaas’ boss, Todd Liedahl, about that letter when he was approached for their final conversation about the beard. “I said, ‘I have a medical condition,” Hanson recalled. But he says the response he got was, “I’m sorry, but that’s the way it is.” Hanson says he didn’t yell or let himself become agitated. “I just kind of stood there and tried to keep a calm and humble mannerism,” he said.

About a week later, Swank’s human resources department issued a letter at Hanson’s request explaining why he’d been fired. It stated: “The reason for [sic] end of your employment is due to the fact that we are unable to accommodate your medical request not to shave because this is a standard of our company appearance policy.” Swank did not return multiple Guardian requests for comment.

The job, which had a strict dress code requiring AV techs to wear ties and shirts with collars, paid around $15 an hour. With a teenage daughter to support, Hanson needed every cent to make ends meet. He also had taken on substantial debt to finance an education at Ex’pression College for Digital Arts — a for-profit school in Emeryville with a tuition rate of $11,200 per semester for full-time students — and he needed to be able to pay back the student loans.

Hanson began to suspect that his former employer might have broken the law, so he sought legal representation. According to a complaint filed May 12 on Hanson’s behalf by attorney Albert G. Stoll Jr., the Claremont Hotel — which houses the Swank office where Hanson was based — has no employee restrictions against facial hair. “The manager of hotel banquets had a goatee; one of the hotel banquet employees had a goatee; another hotel banquet employee had a mustache; and at least two other employees had facial hair,” the lawsuit points out.

However, Swank employees were barred from having facial hair because company policy was pegged to the most conservative hotel employee appearance policy in the region, Hanson said.

In the case of the Bay Area, that hotel is the Four Seasons. Before being hired as a full-time AV tech based in Berkeley, Hanson took on part-time gigs for Swank to set up for hotel events as far north as Sausalito and as far south as San Jose. He says that when he was first hired, nobody informed him of the no-beard policy — and he had sported the goatee at the time he was offered the job.

The first time he learned there was a problem was when he was called on to do a job at the Four Seasons in San Francisco. He completed the first job without incident, yet when he was asked to go back a second time, Reinaas told him he would have to shave. He said it was impossible to do that, so the job went to someone else.

When the Guardian phoned the San Francisco Four Seasons to find out just what its employee appearance policy was — and to ask whether exceptions are granted for individuals who cannot shave due to medical or religious reasons — assistant director of human resources Jason Brown said he could not comment.

Months later, after Hanson had been hired as a full-time staff member based at the Claremont, Hanson says he was informed that Swank was ramping up enforcement of its no facial hair policy. He was told he’d have to comply even though he was willing to opt out of work at the Four Seasons. He asked his dermatologist to send the letter urging the company to grant an exception, and shortly after, he was fired.

The lawsuit charges that it was illegal for Swank to fire Hanson because the Fair Employment and Housing Act forbids employers from discharging an employee for designated reasons, including disability. Since Hanson’s psoriasis is a disability, the argument goes, his termination constitutes a form of illegal discrimination.

However, not all medical conditions are considered disabilities in the court of law. Under state law, a disability is considered a serious medical condition that limits a major life activity. If Hanson is successful in proving that psoriasis constitutes a disability, Swank could be ordered to make a reasonable accommodation — such as retaining him as an AV tech while allowing him to opt out of work at the Four Seasons. Hanson’s lawyer Tim Phillips describes this case as being “on the cutting edge of discrimination law.”

There have been similar face-offs over appearance policies in the past, but none that fit Hanson’s circumstance exactly — and, ironically, it seems that he might have an easier time arguing his case in court if he is unable to shave for religious reasons, or if he belongs to a racial minority that is disproportionately affected by a particular medical condition.

Not all cases brought against employers with similar policies in the past have been successful. In 1984, a Sikh machinist working for Chevron refused to shave his beard, in violation of a company policy, and wound up getting demoted to a lower-paid job as a janitor. Chevron’s no-beard rule was created to ensure that employees had a gas-tight seal on respirators worn to protect against exposure to toxic gases, but the machinist could not shave for religious reasons. The Sikh man sued Chevron and lost.

In 1999, Sunni Muslim police officers in Newark sued when they were required to shave their beards to comply with an officer appearance policy, and the court ordered the police department to create an exception for those who couldn’t shave for religious reasons.

Meanwhile, a spate of cases have been brought against no-beard policies at fire departments around the country by African American men suffering from a common skin condition called pseudofolliculitis barbae. The condition, which disproportionately affects African Americans, leaves pimply bumps on the beard area after shaving and can cause scarring over time — and the 100 percent effective cure is to refrain from shaving. No-beard policies in fire departments are borne out of the need for firefighters to wear respirators when battling infernos. While the results of those cases varied from city to city, some plaintiffs were able to show that the policies were a form of racial discrimination because they had a disparate impact on African Americans.

Meanwhile, staff attorney Linda Lye of the American Civil Liberties Union (ACLU) of Northern California was willing to weigh in. There are no laws banning no-beard policies on the state or federal level, Lye said, yet courts have ordered employers to make exceptions for religious reasons and to prevent racial discrimination in the case of the black firefighters. She added that certain municipalities such as Santa Cruz have enacted employment laws that prevent discrimination in appearance policies. In general, Lye noted, the ACLU is “troubled whenever employees are penalized because of medical conditions, race, sexual orientation, or other similar factors.” 

Preserving preservation

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EDITORIAL San Francisco has a terrible record preserving its past. In the past 50 years, so many parts of the city’s history have been demolished, bulldozed, flattened, or destroyed in the name of development. The number of landmarks that are gone vastly exceeds the number of buildings or landscape features saved by historic preservation laws.

So when Sup. Scott Wiener called a hearing May 2 to discuss possible changes in the city’s historic preservation policies, it got a lot of neighborhood activists nervous. And for good reason. In a city where developers always seem to call the shots, where blocking a bad project is a difficult and expensive process, anything that removes a weapon from the quivers of the neighborhoods is potentially dangerous.

And coming in the wake of a 6-5 February vote at the board to appoint an unqualified, pro-development candidate to the Historic Preservation Commission, there’s a disturbing trend here. And the supervisors should be careful not to dismantle the protections that the 2008 ballot measure, Proposition J, put in place to protect the city’s history.

Wiener assures us he’s not out to gut preservation — he supported Prop. J and doesn’t think that the preservation movement has gone too far. “I just want to make sure that we are taking into account other policy priorities,” he said.

Wiener pointed to a few potential situations where historic preservation could get in the way of improvements to transportation and streetscapes. The street lights along Van Ness Avenue might have to be removed to make a bus rapid transit lane work — and some people might consider them historic structures. Pedestrian safety improvements along Dolores Street might require minor changes in the tree-lined median, which is not a landmark but potentially could be. He’s looking at changes in the City Planning Code provisions dealing with historic preservation — and potentially, with the way the Planning Department applies the California Environmental Quality Act.

There are always times when preservation conflicts with progress, and there will always be dubious uses of preservation law. But overall, in the course of many, many years, the pendulum has swung far in the other direction: historic preservation has been trumped again and again by the greed and political power of developers and the construction industry. And even well-meaning attempts to adjust city law will almost certainly become loopholes for more destruction.

Almost everything good in this city, from the cable cars to the Presidio, has been threatened with extinction at some point. Battling to save the city’s treasures is a full-time occupation.

There are ways to balance preservation against valid public policies like the need for affordable housing (almost never blocked by preservationists) and street improvements (one anti-bicycle character delayed new bike lanes for years, but not on the grounds of historic preservation). But there has to be a clear line: no changes or loopholes aimed at helping private, for-profit developers. Nothing that limits the ability of neighborhood groups to stop the destruction of city history.

The problem in San Francisco is not too much historic preservation, it’s that we allow too much to get lost. That’s why Wiener needs to tread lightly on this ground — and his colleagues have to make sure he doesn’t go too far.