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Saving City College

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CAREERS AND ED City College of San Francisco (CCSF) is fighting for its life, and that struggle has turned old enemies into new allies. Suddenly, past differences seem less important than the need to work together, bringing a new sense of unity and purpose to the troubled community college.

In June the school was sanctioned and ordered to “show cause” from the Accrediting Commission of Community and Junior Colleges, putting it on the brink of losing its accreditation — certification necessary for the college’s degrees to be worth anything and for the school to secure federal aid (see “City College fights back,” July 17).

Twelve workgroups comprised of faculty, staff, administrators, students, and college board members are working feverishly to prove by October that the school is making major progress. Otherwise, it could face dire consequences.

While few people with any education or political background believe the school will actually close, there are serious consequences if its accreditation is revoked. A special trustee assigned by the state chancellor’s office could assume the powers of the college’s board or the school could be merged with another community college district.

The only college in California to ever suffer both of those fates was Compton Community College in 2006. Though the two colleges serve wildly different communities, many speak of their fates in the same breath. Its shadow hangs over City College like a ghost of what is to come.

WORKING TOGETHER

The newfound sense of common purpose was displayed on Aug. 1 in CCSF conference rooms, where once-battling special interest groups and employees gathered to tackle problems that have plagued the school for years.

The feuds aren’t just of interest to political geeks and college insiders. Infighting and a dysfunctional governance structure had stalled the school from tackling urgent issues, according to the accrediting commission.

“During interviews, criticism regarding the efficiency of the institutional governance process was revealed. The criticism centered on the length of time to reach a recommendation. It was also noted that there may be misunderstanding regarding the role of a recommending body versus a decision-making body,” according to the commission’s report.

That snippet of the 66-page critical report represents years of strife at the school, not only among the school’s elected trustees but also between the board and other college groups on issues ranging from placement testing to school site closures.

The 12 newly formed workgroups — constituted by the Chancellor’s Office and comprised mostly of faculty, administrators, and trustees — met to discuss issues and make recommendations to the system’s decision-making authorities: the Chancellor’s Office and Board of Trustees. One of the workgroups is in charge of evaluating that very decision-making system, with 14 people from different college constituencies hashing out a new style of democracy for the school.

At their first meeting, the members brought in stacks of papers to hand out — research on best practices and policies in college governments around the state and the nation. This particular workgroup discussed how an ideal student government should run, and how to enact those changes at City College.

The workgroups are brainstorming sessions, and each one has a different task ahead of it, including how to measure student learning, leveraging technology to streamline the school, facilities planning, and fiscal planning. Each workgroup acts independently, although some themes and members overlap.

The Board of Trustees is scheduled to meet and report on the progress of the workgroups on August 14 — the day before fall semester classes begin.

A final, preliminary report based on the findings of the dozen workgroups is expected to be completed before the accrediting commission’s October 15 deadline. With everything on the table, from staff layoffs to campus closures, CCSF is an anxious institution facing an uncertain future.

THE GHOST OF COMPTON’S PAST

In Compton, faculty and staff lived in constant fear of losing their jobs between 2002 and 2006, while the school was at risk of losing accreditation. Its path offers some lessons for CCSF.

“From three or four years prior to the accreditation being revoked, every March everybody got a pink slip and then you found out, you know, whether or not you actually had a job to come back to the next year,” Ann Garten, the community relations director of El Camino Community College District, told the Guardian in a phone interview.

El Camino swooped in to save Compton from total closure when its accreditation was revoked in 2006. The fate of employees at City College is a mystery for now, but based on Compton’s experience, part-time faculty are most at risk.

During spring semester, City College had nearly 1,700 instructors, approximately half of which were part-timers, according to college payroll documents. The school’s faculty are represented by the American Federation of Teachers Local 2121.

Classified workers — those who perform services such as administrative support, technology services, and grounds maintenance — could also be at risk. Their numbers exceeded 800 during the last fiscal year, according to the school’s assistant director of research, Steve Spurling.

They are represented by the Service Employees International Union Local 1021, a large and active union that also represents most city workers. In recent years, both unions have already taken pay cuts and freezes on raises and accepted furlough days to help plug the college’s fiscal holes.

If a special trustee were to take over, these workers would become even more vulnerable. But even without a special trustee, will there be layoffs?

Though there is no definitive answer yet, “everything needs to be on the table,” Trustee Steve Ngo told us. Yet most indications are that part-timers are at the most risk.

“I’m not convinced [full time faculty] pay cuts are what is called for. Our part time is the highest paid in the country,” CCSF Chancellor Pamila Fisher told the Associated Student Presidents, made up of elected leaders from CCSF’s eight main campuses. “We pay them health care. That’s unheard of” and could be re-evaluated, she said.

Yet it’s also possible that more creative and aggressive fundraising could save the part-timers and other college functions. Alisa Messer, president of AFT local 2121, said statewide categorical funds exist expressly to help fund part time faculty health care costs, she said, although not all colleges follow through.

“AFT 2121 has been a leader in this state, and in fact in the nation, on increasing parity for part-time/contingent faculty,” Messer said. “We will not allow this crisis to be an excuse to roll back significant progress that has been made on the rights of our most vulnerable faculty.”

The commission’s June report dinged the school for spending higher than average levels on salaries and benefits, 92 percent of their funds to be exact, while other community colleges in the Bay Area have figures in the low to mid 80s.

Yet many of CCSF’s defenders say that comparison isn’t fair or accurate, noting San Francisco’s higher cost of living and the fact that the district provides health coverage to part-time faculty, which most other community colleges in the state do not provide.

SERVING STUDENTS

As the college unites, many conflicts that remain boil down to the question of open access. CCSF currently operates with what it sees as a true community college ethos, where the varied needs of a diverse student population are balanced.

Recent high school graduates preparing for transfer mingle with adult students continuing their education, while English as Second Language (ESL) learners work towards proficiency and others seek new technical skills or transition to a new career.

Many students also take so-called “personal enrichment” courses — one time classes in the arts or languages, for example — that state government has de-prioritized as the budget hole has gotten deeper.

“I think we have to spend money better,” Ngo said, concerning “non-credit” courses, which are primarily classes for adult learners. He pointed to the fact that ESL classes are a full semester long, despite a unique “hop in, hop out” structure to the lessons, which gives students flexibility in their attendance over the course of the semester.

Reducing the number of weeks in a semester that those classes meet could be one possible strategy for saving money, he said. He emphasized that the college needs to work with hard data, and that calculations from what could be saved by such moves aren’t finished.

The number of campuses within the district is also being re-evaluated. “Yes, one of things we’re looking at is whether we should have nine sites. Centers may be combined. We don’t know if that will pay out yet,” Chancellor Fisher told the student presidents, referring to complex funding formulas that could actually prevent CCSF from saving money by closing campuses.

Fisher said officials are researching the possibility of combining campuses in close proximity, which drew a mixed reaction from the presidents. Bouchra Simmons, the Downtown Campus student president, said that combining the Civic Center and Downtown campuses would be disastrous.

“[Downtown Campus] is already pushed to capacity in terms of class size,” Simmons said. And the reverse, moving Downtown Campus students into Civic Center, would make it difficult for her to drop her daughter off at child care and still be able to make it to school on time.

Emanuel Andreas, Southeast Campus president, disagreed when it came to his constituents. “We understand what is happening, and everything needs to be on the table,” he said.

The threat of campus closures and a reduction in non-credit classes are all part of the attack on open access, as some students have said. To combat that, they’ve formed a new student group aimed at educating the city about what they stand to lose.

Project Unity is comprised of Occupy CCSF students, former student trustee Jeffrey Fang, student body President Shanell Williams, and other students, led by the newly elected student Trustee William Walker. They’ve rallied for their school at City Hall, where Supervisors Eric Mar and John Avalos have sponsored a resolution to support City College.

Project Unity met at the Mission Campus shortly after supporting the resolution, and started to plan a grassroots campaign to educate the city and its residents about open access.

Bob Gorringe, a member of Occupy San Francisco, was on hand to help the fledgling group strategize. “[Trustee] Anita Grier came out to the Occupy action council, and she was very open,” Gorringe told the group on July 31, referring to the longtime board member who is not exactly known for her radical tendencies.

Students taking such a vested interest in their college should come as no surprise, considering what happened to Compton before it folded into El Camino.

Although Compton never actually closed, it hemorrhaged students as public fears of the college closing grew larger, and the student body dropped to around 2,000 when El Camino took over, Garten told the Guardian.

Some students went elsewhere, but many appear to have just abandoned the education system.

“We looked at two or three colleges around Compton and none of us had a significant increase in students from the Compton district” enrolling, Garten said.

In other words, it looked like many disillusioned students had simply dropped out, something that nobody wants to see in San Francisco.

MOVING FORWARD

Just over two months remain for CCSF and its supporters to hash out a preliminary plan. Aiding them is a team of experts that will create a detailed report on everything related to the college’s financial woes — possibly the most critical problem area.

The Fiscal Crisis and Management Assistance Team, or FCMAT, explained their process to the college on August 3.

Without revealing any specific details, Michelle Plumbtree, the chief management analyst of FCMAT, warned an audience of a couple dozen interested people that its report would seem negative, but only because that’s exactly what the report is supposed to be: a critical review of problem areas.

“You guys are doing incredible things…But that’s not what we talk about [in our reports],” Plumbtree said.

Mike Hill, another FCMAT team member, succinctly layed out the biggest obstacles to City College’s fiscal future. “This is not a one year problem…We’re looking at three years. What makes that complicated is the governor’s tax, and the parcel tax,” Hill said, referring to Prop. 30 and the San Francisco ballot measure City College sponsored. “There are four scenarios… It’s not predictable.” Prop. 30, the tax measure placed on the ballot by Governor Jerry Brown, wouldn’t raise new revenue for community colleges. If it passes, they simply break even, staving off more drastic cuts. But the parcel tax offers more hope for CCSF, if city voters approve it. It would free up $14 million in revenue for this fiscal year, restoring some of what was lost and prevent the deep cuts and scaled back mission that the school’s support most fear.

The City College mission

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By Alisa Messer

OPINION City College is a beacon for all San Franciscans, from immigrants and displaced workers to cash-strapped families seeking educational opportunities for their children. The largest community and junior college in America with more than 90,000 students, City College touches everyone in San Francisco.

Not long after pundits mocked Mitt Romney for encouraging Americans to get “as much education as they can afford,” City College of San Francisco was threatened with the loss of its accreditation — in large part because the school is going broke.

City College has faced been five straight years of drastic cuts in state funding — literally tens of millions of dollars. The result is over-flowing classes, employee furloughs, pay cuts, and givebacks, and shutting the doors on far to many students who are unable to get the classes they need.

CCSF has held on by its fingernails, seeking ways to continue to serve a broad range of student needs and maintain educational access during these challenging budgetary times.

But canceled summer sessions amount to tremendous hardships for students, and garage sales and other fundraising in the private sector cannot replace $40 million in lost state funds. So all of the college’s employees — from tutors to librarians to custodians and engineers and IT staff and biology professors to deans — have given back.

The accrediting commission isn’t taking aim at the quality of education City College provides. Instead, the report focuses on severe budget problems caused mostly by state cuts, and then makes some criticisms about political infighting and weak leadership in the school’s top ranks.

The crisis at City College is at the heart of a larger debate in America about access to opportunity. Education remains the most significant factor in social mobility, and we maintain domestic tranquility because most of our citizens embrace the idea they can improve their lot in life with education.

City College is living proof that the theory works — but it requires money, people, and a commitment to a broader mission. City College isn’t just San Francisco’s biggest school, it’s also the city’s largest provider of English-as-a-second-language (ESL) courses and its largest job training and placement agency. City College’s partnerships with San Francisco’s restaurant and hospitality sector and other industries are national models.

City College is using universal access to education as a powerful engine of economic recovery. While many suburban junior colleges focus on helping high school graduates make the transition to four-year colleges and universities, City College is also teaching immigrants English, helping welfare recipients transition to work, training those in recovery to help their peers through drug and alcohol counseling, and boosting the skills of unemployed and under-employed blue collar workers so they can win increasingly knowledge-intensive jobs.

CCSF’s leaders must craft a plan to balance the school’s budget and save its accreditation, and we will. We will find new revenue sources, including passing a parcel tax this November. We will maintain accessibility, educational quality, and our mission as a Community College, serving the entire San Francisco community with an essential and irreplaceable focus on low-income and underrepresented students for whom CCSF is the only option.

Perhaps we can even come out of this crisis with a college that is more affordable, accessible, high quality, democratic, and equal than ever.

Alisa Messer is an English teacher at City College and president of AFT 2121, which represents counselors, librarians, and instructors.

Dick Meister: Good news–and bad–about jobs

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By Dick Meister

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half century. Contact him through his website, www.dickmeister.com

It’s of course good news that unemployment among workers in private industry has been steadily declining. But that comes along with the bad news that unemployment among public employees has been growing – and with it a decline in vital government services.

A recent  report in the New York Times has made that very clear.  Reporters Shaila Dewan and Motoko Rich noted that government payrolls grew in the early part of the recovery from the Great Recession in 2009, mainly because of federal stimulus measures. But they said that since then, “the public sector has shrunk by 706,000 jobs.  The losses appeared to be tapering off earlier this year, but have accelerated for the last three months, creating the single biggest drag on the recovery in many areas.”

Albeit slowly, the economy generally has been improving, with state tax revenues expected to go beyond pre-recession levels by next year.  Yet the Times’ reported that “governors and legislatures are keeping a tight rein on spending, whether to refill depleted rainy day funds or because of political inclination.”

Holding tight won’t be easy, with the costs of health care, social services, education and employee pensions steadily rising, and property taxes and other tax revenues steadily shrinking.  More than a dozen states have tried to do it by trimming their aid to local governments. And that will undoubtedly lead to more public worker layoffs, more unemployment and more reductions in important public services.

Local governments already have been making budget cuts that far outweigh the slight economic relief that’s come with a recent growth in state and federal jobs.  It’s certain to worsen, since more than 25 percent of municipalities are planning layoffs this year. 

President Obama has proposed easing the financial plight of states and their employees by providing $30 billion more for teachers, police officers and firefighters.  Such aid is essential if public services – and the compensation of those who provide them – are to be maintained at a significant yet reasonable level.

Predictably, the  conservatives who don’t really care for government are in a snit over Obama’s proposal.  The Times quoted Michael D. Tanner, a senior fellow at the Cato Institute, as complaining that the additional public sector jobs  “must be paid for with more debt and taxes borne by the private sector.”

Now, isn’t that a revelation! Imagine that, people taxing themselves and hiring people to provide services they and everyone else needs if they are to live a decent life, if they are to find meaningful work.

We need more, not less government, and we can provide it by employing for reasonable compensation many of the millions of Americans now suffering from unemployment. We need to open more government jobs for them so they may help provide essential services.

The lack of sufficient public workers, as the Times said, “can mean longer response times to fires, larger class sizes, and in some cases lawsuits when short-staffed agencies are unable to provide the required services.”

The Times quoted Mike Whited, president of the firefighters union local in Muncie, Ind., who said the area which could be reached within eight minutes after an alarm was sounded was cut in half.

The Times said, “Mr. Whited chafed at portrayals of public workers as overpaid or greedy, saying his union and others had made concessions, including paying more for their health insurance and forfeiting raises. I think a lot of people don’t understand what we do. They’re looking for somebody to blame, and I think they’re being led the wrong way.”

One of the hardest hit cities, Trenton, New Jersey, has laid off fully one-third of its police force, hundreds of school district workers and at least 150 other public employees, and now faces loss of 60 more firefighters.

More than half the job losses in local governments have come in education.  Thousands of teachers have been laid off throughout the country, and thousands more are being threatened with layoffs.

 Many teachers have agreed to help ease their school districts financial problems by taking unpaid “furlough days” or agreeing to less pay and benefits than they had sought or had been granted in contract negotiations.

The widespread teacher layoffs have nevertheless continued. In Cleveland, for instance, more than 500 teachers were laid off this spring because  of a claimed $66 million budget shortfall. That came after two years of cutbacks and $25 million in concessions, teachers union leader David Quolke told the Times’ reporters.

One consequence: Some classes will have more than 40 students, a serious hardship on students and teachers alike.

Relatively large teacher layoffs and cuts in public jobs and services generally have hit every state hard, including the largest, wealthiest and most influential states.  In California, for example, Gov. Jerry Brown is threatening to eliminate 15,000 state jobs.

The Times said Pennsylvania “has shed 5,400 government jobs this year, and many school districts and social service agencies are contemplating more layoffs.”

Yes, it will take higher taxes and more public debt in Pennsylvania, California and everywhere else to combat the severe economic problems that have left millions of Americans without the jobs  and public services they so badly need.

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half century. Contact him through his website, www.dickmeister.com

The worst archibishop ever

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As they say … Jesus!

The new archbishop of San Francisco isn’t just a conservative. All the bishops appointed by this pope are conservatives. The new guy overseeing the Catholic Church in one of the most socially liberal parts of the world is a genuine culture-warrior, someone who (literally) says that same-sex marriage is the work of the devil and who wanted to make the use of contraception a mortal sin.

Salvatore Cordileone also happens to be the father of Proposition 8. The East Bay Express, in an excellent profile, noted in 2009 that he

has cultivated one of the most theologically conservative worldviews imaginable. Especially when it comes to sexual matters, Bishop Sal is conservative and uncompromising.

What I hear through the Catholic rumor mill is that the Vatican folks who screen candidates for these jobs gave the pope a list of three names. He rejected them all and chose Cordileone.

So now the center of the crazy-looney-here-comes-the-devil branch of the Church has a powerful throne here in San Francisco. What this is going to do, of course, is drive gay people, and liberals, and moderates, and pretty much everyone who’s sane to question why they even stay in the Catholic Church. And maybe, as one gay Catholic told me, that’s exactly what Rome has in mind — get rid of the malcontents and the thinkers until the Catholic Taliban is all that’s left.

I suspect Bishop Sal is going to have some problems in his new assignment.

Workers launch global Hyatt boycott, hundreds picket at Union Square

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As shoppers scurried around Union Square yesterday, a picket that drew more than 300 people could be heard for blocks. The grand-scale noise-making was in front of the Grand Hyatt, where workers and supporters demonstrated against what they say is unsafe and unfair treatment of hotel workers.

UNITE HERE Local 2 has been supporting a boycott of a couple Hyatt locations in San Francisco for years now. But this week the national union, along with a broad coalition of supporters, has called for a worldwide boycott of the hotel chain.


Wong says the boycott will end if the Hyatt capitulates to three demands. Two of these are a “fair and mutual process for non-union workers to organize” and to “agree to a fair contract for thousands of unionized Hyatt workers that have been without contract for three years.” But the most important, according to Local  2 spokesperson Julia Wong, is to implement the workplace safety measures that the Occupational Safety and Health Administration (OSHA) recently outlined in a letter to the Hyatt corporation and its CEO, Thomas J. Pritzker.

Year after year, boycott organizers say, Hyatt adds new worker abuses to its track record.

“In 2009, Hyatt fired 100 housekeepers in Boston and replaced them with temporary workers making minimum wage,” Wong said. Rose Sia, a 31-year San Francisco Hyatt worker, recalls being alarmed that Boston workers who had held their jobs for 15 and 20 years were made to train their minimum wage-earning replacements. “They were treated like trash that day,” Sia said.

In a July 2011 incident, Hyatt workers in Chicago were picketing in 100-degree weather when their employers turned on heat lamps to beat down on them.

“They’re continuing to spread subcontracting around in more cities,” Wong said. “In Baltimore there used to be 40 or 50 in-house housekeepers. Now there are only eight or nine, and everybody else is subcontracted.”

Most recently a Hyatt worker in Indianapolis, Elvia Bahena, was fired, she believes, as a direct result of speaking out about her negative workplace experiences at a city council meeting.

Mona Wilson, who has worked at the Grand Hyatt since 1980, says that learning the difference between how union and non-union hotel workers are treated at Hyatt was an “eye-opening experience.”

Many Hyatt workers must clock in 30 every week to receive heathcare benefits, and meeting that quota can be a struggle. “I’ve met with people who work in banquets,” Wilson said. “The guys that move the tables around. They bring them all in, they’ll rush them through to hurry up and finish the job, and then send them home before the shift is over, so they never make enough hours to qualify for healthcare. I’ve met with one guy whose been working there for three years and he hasn’t been able to get healthcare.”

“He’s a regular hired worker, but it’s a non-union hotel,” Wilson said.

Even in San Francisco, where most Hyatt workers are unionized and experience relatively fair treatment, Hyatt workers have seen their workloads increase to back-breaking proportions and had to fight to get raises and benefits.

Sia says Local 2 has been instrumental in improving working conditions. “They are the ones helping us get our pension, get our raise, get everything. Without the union, we’re nothing,” she said.

Workers in San Francisco have been locked in contract negotiations for three years. One of their key issues is the freedom to protest in solidarity with other workers, which Sia says is particularly important as non-union Hyatt workers continue to suffer abuses.

http://www.youtube.com/watch?v=UCbsAl4bQwM
Picketers sing labor songs at yesterday’s demonstration

Hotel workers are largely women, and UNITE HERE’s Hyatt Hurts campaign has always called out their mistreatment as a feminist issue. They protested on International Women’s Day, focusing on two sisters who experienced disrespectful treatment and objectification of their bodies at the Hyatt Santa Clara. A few weeks later, the Reyes sisters met with Gloria Steinem, who pledged her support for the boycott.

Women’s rights groups like the National Organization of Women, the National Women’s Health Network, and the Feminist Majority Foundation have endorsed the worldwide boycott of Hyatt hotels. GLBT rights groups like the National Gay and Lesbian Task Force, the National Stonewall Democrats, the National Black Justice Coalition, and Pride at Work have also signed on. So has the national AFL-CIO.

A more unusual supporter, the NFL Players Association, is also getting behind the boycott, promising that the organization will not spend it’s money at Hyatt and discourage players from staying there.

“Many football players were raised by hardworking men and women who punch time cards just like the hotel workers at Hyatt. This is why we decided to get in the game and support Hyatt housekeepers who suffer abuse and debilitating injuries at work,” said DeMaurice Smith, the association’s executive director.

This kind of support is keeping spirits high for union organizers and workers as they escalate their tactics, but the fight may not be over any time soon.

“It took us seven years to bid the Mariott,” said Chito Cuellar, head of UNITE HERE’s hotel division. “It took us five years to defeat Park 55. It’s been three years that we’ve been fighting the Hyatt. And we don’t know how long it’s going to take, but we know we’re going to win.”

Best of the Bay 2012: Local Heroes

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2012 Local Heroes

Alex Tom and Shaw San Liu

Alex Tom and Shaw San Liu — the executive director and lead organizer for the Chinese Progressive Association, which celebrates its 40th anniversary on Aug. 4 — have laid the groundwork for a progressive resurgence in San Francisco by organizing Chinese immigrants and actively building close and mutually supportive relationships with working-class allies throughout the city.

The two have been involved in just about every recent effort to counter the pro-corporate neoliberalism that has come to dominate City Hall these days. They have seized space with Occupy San Francisco and they have supported labor unions and helped to create the Progressive Workers Alliance. They have fought foreclosures and pushed for affordable housing reforms, and they have protected vulnerable immigrant workers from wage theft by unscrupulous employers.

“Shaw San and Alex are incredibly talented organizers and movement builders who are managing to do the nearly impossible,” said N’Tanya Lee, who worked closely with the pair as the director of Coleman Advocates for Children and Youth. “They have built an authentic base of working-class Chinese immigrants who are interested in fighting for change in their community, and are creating a grassroots organization at the forefront of building multi-racial alliances to combat the divide-and-conquer strategies that are confronting us.”

Liu, who joined CPA six years ago, said she’s always inspired to see the old photographs on the walls of CPA’s office, and to read the history of CPA’s organizing and advocacy on behalf of working people. She said the organization has always understood the need to forge alliances with labor unions and other progressive interests.

“The organization itself has been, since its inception, playing a critical role in bridging the needs of Chinese interests with other communities,” Liu said. “I’ve always seen my role as bridge building.”

Today — with stagnant real wages, a deteriorating social safety net, and growing power by corporations that enjoy unprecedented political clout thanks to Citizens United and other court rulings — the need to organize people across cultural lines is more important than ever, even if that begins by addressing the individual needs of each community.

“Always at our core, it’s about empowering our folks to be able to voice their own struggles and visions,” Liu said.

Working to build that capacity within the Chinese immigrant community is hard and important work, Liu said, but it’s equally important to connect with the struggles of working class people from other communities, uniting to effectively counter the political dominance of employers and property owners.

Lui framed the struggle as: “How do we build unity and not have that be lip service?”

Tom and Liu have demonstrated that they know how to do just that, despite the diversity of sometimes-conflicting interests on the left and in a working class squeezed by recession and feelings of economic uncertainty.

“The issue that will unify people is good jobs that are accessible to everyone,” Liu said.

Yet she also said that working class organizing is needed to counter the simplistic “jobs” rhetoric coming from City Hall, which politicians are using to advocate for tax cuts to big corporations.

“More and more, it exposes itself as a total lie,” Liu said of the argument that the city should be facilitating private sector job creation with business tax cuts. “So much points to the fact that the US economic system doesn’t benefit everyone … When we talk about jobs, we talk about what kinds of jobs we want and for whom.”

 

2012 Local Heroes

Stardust and Ross Rhodes

Ross Rhodes and Stardust, like all of the people involved in Occupy Bernal, are neighbors. But until Stardust helped found the group — a local take on Occupy focused on stopping unjust foreclosures and evictions — they didn’t know each other.

Now they do, and if it wasn’t for Occupy Bernal, Rhodes is sure he would no longer have the house that his parents bought in 1964.

A former college football star, Rhodes injured his knees and back playing. He lives on disability payments, volunteering at the 100 Percent College Prep Club, and bringing home-cooked meals to seniors in his area. He also coached kids in the Junior 49ers program until it became too hard on his injuries.

Stardust, an ESL teacher and oboe player in the Bay Area Rainbow Symphony and the SF Lesbian/Gay Freedom Band, has been working for LGBT rights, women’s rights, and online civil rights for years. When Occupy took off, he gravitated toward the neighborhood fights against foreclosures.

Like people all over the US, Rhodes and his wife were fooled several years ago by a pick-a-payment loan plan. At the time, World Savings was peddling the deals through neighborhoods, promising potential borrowers that they could send their kids to college, buy a car, take vacations — and modify their loans after a year.

But when Rhodes started to apply for loan modifications, he was denied. He kept receiving letters asking for more information, often the same information he had already given — a common story that led to part of the Homeowners Bill of Rights that will guarantee a single point of contact from the bank. He was stumped when he was told he needed more income — the bank said it wouldn’t accept payments that were more than 30 percent of a borrower’s income, and Rhodes was getting a fixed disability check.

He found another income source as a homecare provider, but after all the time that the bank wouldn’t accept his payments, Rhodes was marked as someone who wasn’t making payments, and was tracked for foreclosure.

Meanwhile, Occupy Bernal was working on more than 100 similar cases in its neighborhood. The organizers hadn’t quite convinced Mayor Ed Lee to help at that point, but Rep. Pelosi’s staffers were on their side, getting banks to prioritize the cases of those working with Occupy Bernal. They worked with other community groups like Alliance of Californians for Community Empowerment (ACCE) to do physical occupations of homes. But for those who had received a notice of default and a notice of sale — two steps in the foreclosure process that precede the auction of a property — Stardust was there with another tactic.

He spearheaded Occupy the Auctions. He shows up at City Hall at 1:30 every day and tries to disrupt foreclosure auctions. He’s been there continuously since April 27, 2012, and has stopped dozens of home sales. When fighting the eviction of a neighbor, he is sometimes backed by more than 100 people. But many days it’s just Stardust.

Now, Rhodes is in a loan modification process. Rather than conflicting and confusing machine-generated paper work, he gets regular calls about the status of his modification from a point person in Wells Fargo’s executive complaint office. He testified in Sacramento in favor of the Homeowners Bill of Rights, which passed July 2. He’s also become an Occupy Bernal organizer on top of his other volunteer pursuits.

Stardust battles mega-banks and the city’s wealthiest in his work. But he says the biggest challenge is helping people to get over the shame they feel when they realize they are facing foreclosure. “It’s not their fault,” he says. “It’s the system.”

Friends of Ethics

In the summer of 2011, at the behest of the Ethics Commission, the Board of Supervisors put on the ballot a measure that would have loosened some of the rules for campaign consultant reporting, and would have allowed further changes in the city’s landmark ethics laws without a vote of the people. It had unanimous support on the board — and frankly, technical changes in campaign laws are not the kind of sexy stuff that gets the public angry.

But a small group, led in part by five former ethics commissioners, took on the task of defeating the measure. The activists also took on the challenge of defeating Prop. E, which would have allowed the supervisors to amend future measures passed by the voters.

Despite being outspent by tens of thousands of dollars, Friends of Ethics — a small grassroots operation — prevailed. Both measures were defeated (32 percent to 67 percent in the case of Prop. E, the worst loss of all the local measures on the ballot).

The group is great at forming coalitions: in the case of the No on E and F campaign, Friends of Ethics reached out to some 30 organizations that formally joined in opposing the measures after hearing presentations.

The members of FOE are a fractious group of organizers and shit-disturbers who don’t always get along or agree on other issues. But they’ve come together to do something nobody else does: make protecting and expanding political reform laws a front-line priority.

And the battle goes on. Not long after the November 2011 election, Supervisor Scott Wiener introduced legislation that would have led to less disclosure of political contributions before an election, and would have made it easier to conceal who was making contributions and paying for campaign mailers. The Wiener bill would weaken campaign contribution limit, giving the wealthiest donors greater power in elections.

When the amendments were heard at a well-attended Rules Committee in June (with plenty of public comment from Friends of Ethics), the supervisors sent the amendments back to the Ethics Commission to be rewritten.

The next step for the Friends of Ethics is to work with interested supervisors to push for changes to the city’s campaign laws that will actually benefit the public, such as increased transparency in election contributions and expanded campaign restrictions for those receiving contracts and other benefits from the city.

In an era defined by the US Supreme Court’s Citizens United case and a nationwide assault on fair elections, it’s critical work.

Friends of Ethics can be reached at sfethicsfriend@gmail.com

2012 Local Heroes

The Occupy movement

When Adbusters magazine called for people to show up on September 17, 2011, in New York City to protest the way Wall Street was holding the country hostage, no one could have predicted what would emerge.

It was the start of a movement, and San Francisco heeded the call. About 100 people gathered in the city’s Financial District. They started camping. And the effort exploded.

In the first few weeks, camps sprung up across the country. In Chicago and Los Angeles, in Bethel, Alaska and Tuscaloosa, Alabama, people were drawn together. But, unlike most protests, they stayed together. Night after night.

Along the way, a certain prevailing narrative from outside observers never quite got it right. First the camps were dismissed as nothing but bratty college students and hippies. Then they were called dirty and filled with homeless people. (Occupy challenged the whole idea of a monolithic homeless population. Once they had a home in the Occupy tent cities, homeless people were just — shocker — people.)

By December, when most of the campers had been kicked out, the narrative shifted. Occupy was resting, hibernating, many declared. Some snickered at the fair-weather activists who would only come out in the sunshine.

But in the Bay Area, at least, that hibernation story was simply false. On December 12, Occupy Oakland brought out thousands for its second port shutdown, in solidarity with port workers. On January 20, downtown banks were forced to close for the day and people in the streets celebrated Occupy San Francisco’s shutdown of the financial district. A week later, 400 were arrested when thousands tried to turn a vacant Oakland building into a community center. This was no hibernation.

Actions in some way inspired or fueled by Occupy have continued into the spring and summer. On March 1, Occupy, with a focus on student debt and accessible education, formed the 99 Mile March. Dozens marched from the Bay Area to Sacramento to join thousands of students and supporters in calling for an end to cuts to education; hundreds then occupied the Capitol building. On April 22, Occupy, with a focus on food justice, formed the Gill Tract Occupy the Farm action. Hundreds took a UC Berkeley-stewarded tract of land slated for a baseball diamond and a Whole Foods and planted it, turning it into a farm with rows of crops, a kids space, and a permaculture garden. On June 15, Occupy formed the Lakeview sit-in and Peoples School for Public Education, which taught day camp to children and refused to leave a beloved Oakland elementary school, one of five slated for closure.

Police eventually won the many-months battle with most Occupy groups in the Bay Area. The camps are mostly gone, though a tenacious group keeps its 24-hour protest in front of the Federal Reserve.

But because of Occupy — and its accompanying burst in resistance, creativity, and the belief that we really can, and must, come together to do something — dozens of Bay Area residents remain in homes that were facing foreclosure. Hundreds of people who felt forgotten and abandoned have found community. Thousands have been inspired to start their own projects and work with others.

When Adbusters called Occupy Wall Street to action, it was under the banner of “democracy not corporatocracy.” That ain’t an easy project. But it has already made the world a better and more hopeful place. 

The NY Times and class struggle

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The NY Times isn’t exactly a revolutionary left-wing publication — and while columnist Paul Krugman routinely talks about the income and wealth divide, it’s not typically a staple of how the Times cover the news. But David Leonhardt is starting a blog on the decline in the middle class and is going to turn it into an article during the later parts of the presidential campaign — and amazingly enough, he’s got it pretty much right:

In addition to the slow growth in overall size of the pie, the share that has been going to anyone but the richest Americans has been declining. The top-earning 1 percent of households now bring home about 20 percent of total income, up from less than 10 percent 40 years ago. The top-earning 1/10,000th of households — each earning at least $7.8 million a year, many of them working in finance — bring home almost 5 percent of income, up from 1 percent 40 years ago. In the simplest terms, the relatively meager gains the American economy has produced in recent years have largely flowed to a small segment of the most affluent households, leaving middle-class and poor households with slow-growing living standards.

It’s simple, and it’s pretty clear — as is the fact that it’s not random but the result of specific policies. From one of the (many intelligent) comments (my trolls, please take note):

The middle class is an artificial construct, something deliberately created through the enactment of policy. It emerged in the U.S. largely because of political, economic and social changes that were imposed: the New Deal, the Great Society, the creation of the suburbs and highway systems, strong unions that demanded fair wages and protections, etc. All of these developments happened only because people willed them and fought to ensure economic expansion benefited regular people. It could have just as easily gone the other way; indeed, it IS going the other way now (and has been for the last 30 years or so). The choices today are different: to let the markets decide, to deregulate and bolster corporations, to exacerbate the wealth divide, to enforce an unfair tax system, to shift essential costs (healthcare, environmental remediation, etc.) to the taxpayer, and so on. And so the middle class erodes. It should come as no surprise.

What’s talked about less in this NYT piece is the role of government in redistributing income. The idea that the US tax system should take more than half of the income people earn beyond a certain point is hardly radical; as early as the 1920s, the highest earners turned over as much as 70 percent to the government — and unlike today’s billionaires, they actually paid it. The JP Morgans of the world got really really rich AND paid high taxes AND gave a lot of money to public enterprises (public libraries, public museums etc.).

That as much as unionization and post-War industrialization created the middle class.

Another interesting comment:

Our “free-market” policies of the last 30 years have favored efficiency and productivity above all else. The result has been sending American jobs overseas on a massive scale. Now we have inexpensive tee-shirts and computers, but vast unemployment and underemployment. Instead, I believe our culture should favor creating as many high paying middle-class jobs as possible without regard to “productivity”. This requires protective trade barriers. Yes, prices will go up, but for a more affluent society, it’s a cheap price to pay.

Obama talks a good line about the middle class, but he’s not offering any specific ideas that would fundamentally change the direction of US economic policy. In fact, the biggest issue in the campaign isn’t even an issue.

Oh, and by the way: I have to note that Randy Shaw at BeyondChron is now talking about the important of “class diversity.” He’s right — there need to be more tenants (and working-class tenants) on the Planning Commission and Board of Appeals. There also needs to be a consciousness of class issues in general at City Hall — and a discussion of how policies that favor high-tech companies, like those of his beloved Mayor Lee, are pretty clearly NOT in the interests of protecting class diversity in the city.

 

 

Dick Meister: A sure path to economic health

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By Dick Meister 

Guardian columnist Dick Meister is former labor editor of the SF Chronicle and KQED-TV Newsroom. He has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

It’s way past time to raise the pitifully low federal minimum wage. That would provide badly needed help to the millions who are living in poverty or near-poverty at the current rate of $7.25 an hour, and would help all Americans by stimulating the sagging economy.

Democratic Sen. Tom Harkin of Iowa and Democratic Rep. Jesse Jackson Jr. of Illinois are carrying bills that would set a new minimum of $10 an hour. They’re pressing hard – as they very well should – to get the general public and their allies in Congress to fully appreciate the widespread good that would come from helping some of the country’s neediest workers.

“We’ve bailed out banks, we’ve bailed out corporations, we’ve bailed out Wall Street, we’ve tried to create sound fundamentals in the economy,” Jackson noted. “Now it’s time to bail out working people who work hard every day and still make only $7.25. The only way to do that is to raise the minimum wage.”

It’s been five years since the minimum was last raised, from $5.15 an hour to the current level. States, cities and counties are allowed to set their own minimums, as long as they at least equal the federal rate, and 18 states and several cities and counties have enacted minimums greater than the federal rate. But even their rates are below what’s needed for a decent living.

About four million workers are now paid at or below the federal minimum and obviously need help if they are to escape poverty. Even those paid at the full minimum earn a mere $15,000 a year before taxes and other deductions.  They are among some 28 million workers whose earnings – and spending  – would immediately increase under the proposed bills.

Legislation to raise the minimum has been called for repeatedly in the years since the last raise in 2007, but has gained only relatively minimal support in Congress and the White House. President Obama pledged during his election campaign to get the rate increased to $9.50 an hour by 2011, but has taken no public action. Mitt Romney, Obama’s Republican opponent in his re-election campaign this year, has wavered. He once voiced support for a raise, but later said he opposed an increase.

Polls have clearly shown strong public support for a raise. That support is likely to grow significantly if the economic benefits that a raise would undoubtedly bring to all Americans can be clearly shown – and it can.

It’s simple: Raise the pay of working people, and as the workers buy more goods and services with their new earnings, the businesses that sell them will hire more people to provide what they want to buy with the extra money they’ve earned at a higher minimum wage.

The National Employment Law Project estimates that the increased consumer spending generated by the proposed raise would create the equivalent of more than 100,000 full-time jobs. Other estimates indicate that every dollar increase in wages for workers at the minimum creates more than $3,000 in new spending after a year.

And so the cycle goes, round and round:  More pay, more spending on goods and services, more hiring of people to provide them, more important government services and the taxes to support them, a healthier and wealthier economy.

Guardian columnist Dick Meister is former labor editor of the SF Chronicle and KQED-TV Newsroom. He has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

 

Eliana Lopez is a victim, but of whom?

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It’s been an eventful visit to San Francisco this week for Venezuelan actress Eliana Lopez, who spent the last two evenings on the witness stand testifying before the Ethics Commission as it considers removing her husband, Sheriff Ross Mirkarimi, from office for official misconduct for grabbing her arm on Dec. 31. And then today in court, she helped persuade Judge Garrett Wong to lift the stay-away order that has barred the couple from having any contact with each other since January, allowing this battle-weary couple to finally share an much-needed embrace.

Lopez didn’t want any of this – not the police and prosecutors going after her husband and getting an order to keep her family apart, not Mayor Ed Lee suspending Mirkarimi and taking away the salary the family needed now more than ever (compounding his failure to ask Lopez what really happened by refusing to allow the city to pay for her plane fare back from Venezuela, where she’s been staying with family and looking for acting jobs, to testify in his proceedings), not the hypocritical statements of concern that she’s been victimized, made by people who she considers to be the real abusers of her and her family.

Her perspective on this whole sordid affair became crystal clear while spending more than three hours on the stand being grilled by Deputy City Attorney Peter Keith and the commissioners, where she said that she’s never been scared of Mirkarimi but that San Francisco has become a scary place to her after being betrayed and victimized by the people entrusted to help her.

“At this point, I think he’s safer in Venezuela than San Francisco,” Lopez said of her three-year-old son when Keith condescendingly asked about how he’s doing in her home country. Keith’s belittling tone toward this supposed crime victim prompted Mirkarimi attorney Shepherd Kopp to tell reporters, “The questioning of Ms. Lopez, so far, I think is just offensive.”

Clearly, some of Lopez’s decisions helped create this mess. She said on the stand that she regrets telling her neighbors Callie Williams and Ivory Madison what happened on Dec. 31, even if she believes they should have kept her confidence as they promised. And there are good legal reasons why domestic violence victims shouldn’t be able to stop the prosecutions of their abusers, who they may still be scared to offend.

But none of that excuses the complete disregard for Lopez, her perspective, and her interests that has been shown by San Francisco’s law enforcement, political, and domestic violence advocacy communities – a point that Mirkarimi supporters have repeatedly made throughout the proceedings, emphasizing that they believe and support Lopez.

“I didn’t expect that my lawyer could call the police on her own,” Lopez said of Madison, whom she said had represented herself as a legal adviser who was helping her create evidence for a child custody case if her marital problems ended in divorce. “I thought that was my decision.”

Once Madison took a more aggressive posture in urging Lopez to go the police, including “calling Ross’s political enemies” to help her bring him down, Lopez testified, “I realized that I couldn’t trust her.” But it was too late. As soon as Lopez clearly said that she didn’t want police involvement, that was when Madison called them.

“I told her, ‘you don’t have my permission to do this. I trusted you,’” Lopez said she told Madison after being told the police were on the way, sending Lopez into a panic. “When I left Ivory Madison’s house, I was so shaking I couldn’t find my car…I was feeling betrayed and I was so angry.”

Toward the end of her testimony, she said, “After Ivory Madison called the police, I felt betrayed, I felt like I had betrayed Ross.”

Anyone who knows Lopez or watched her on the stand understands that this is a strong woman who is used to taking care of herself, not a shattered domestic violence victim incapable of acting on her own behalf.

“I said we have to think, Ross, we have to do something,” Lopez testified, explaining her reaction to the police involvement and her text message to “use your power” to do something, which Mirkarimi replied to by saying there was nothing he could do at that point, despite unproven accusations that he tried to dissuade witnesses and thwart the investigation. “It was me who was pushing him.”

Even after the controversy went public and threatened his career, Lopez said it her who told him not to resign and to fight for his job. “I told him, ‘you won the election, stay strong, we can win this,” she testified.

Nobody wants to minimize domestic violence, but let’s keep some perspective on what happened here. Lee may or may not really believe that Mirkarimi “beats his wife,” as he told reporters in justifying his overreaction, but the evidence that has emerged doesn’t dispute the consistent contention by Mirkarimi and Lopez that he grabbed her arm one time, for one moment, and that was the full extend of the abuse.

“I bruise really easily,” Lopez testified. “Just Theo playing with me, I get bruised.”

Some people do. And while that doesn’t excuse what Mirkarimi did – getting physical with a partner is never okay, as he said on the stand, accepting his fate – it does indicate that perhaps Mirkarimi’s critics have lost their perspective, sense of proportion, and realization that domestic violence laws are supposed to be about helping and protecting the victim.

Does anyone even want to try to make an argument that’s what’s happened in this case?

Killing of suspect with box cutter may have been legal. But was it necessary?

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Police officers have dangerous jobs, and when confronted with subjects who may threaten their lives, they have to think fast under stress. When a subject has something classified as a “deadly weapon,” police are justified by law in shooting to stop the threat.

As SFPD spokesperson Carlos Manfredi explained to me for an article in this week’s paper, the official policy isn’t “shoot to kill.” But subjects are often killed, since officers are trained at the police academy to aim for the body’s center mass and to shoot until any threat to their life is neutralized.

It seems many tools and common items can fall under the “deadly weapon” category. The SFPD’s third fatal officer-involved shooting this year occurred July 18 when Pralith Pralourng apparently lunged at an officer. His deadly weapon? A box cutter.
 
In January 2011, Raheim Brown Jr. was shot by Oakland School Police. He was allegedly wielding a screw driver. Last July, Charles Hill was shot by BART police. He was drunk, lying on the ground, and hurled a pocketknife at police, missing them by 10 feet.

When used just right, a box cutter, a screwdriver, or a pocket knife can certainly be deadly weapons. But when a subject is exhibiting likely mental disability, drunk and lying on the ground, or 20 years old and in a car, isn’t there any other type of combat police could use to neutralize the threat?

At a press conference today Police Chief Greg Suhr said that police do take defensive tactical training, which trains officers in using less than lethal weapons. But the July 18 situation warranted the use of lethal weapons, Suhr said.

“The officer was facing a life or death situation. She had to do what she could to protect herself.,” Suhr said.

Suhr explained that the officer had been on the force 20 years, during which time she had received multiple trainings in crisis intervention training, which he called the “most progressive in the country.”

That training deals with psychology and teaches how to deescalate situations in which a subject is a “danger to himself,” Suhr said. But, since the subject had already allegedly attacked a co-worker, the the officer’s life was considered in danger.

Meanwhile, Occupy San Francisco activists who still protest and sleep outside the Federal Reserve on Market Street attained video and audio of people who claim to be witnesses who contradict the police story. One says that “he was on his back, then [paramedics from] the ambulance turned him facing downwards…they but a bag over his body and his head. Next thing, when everybody started looking at they got nervous and they started acting like they were doing CPR even though the guy was gone. It took the ambulance 20 minutes to get there.”

In a video that has been viewed more than 17,000 times on youtube, another man who claims to be a witness says “they had him in cuffs, and they shot him.” In another video shot by the same man, Robert Benson, another man says “he was in handcuffs and they shot him twice in the chest…I saw it.”

The Bay Guardian has not been able to confirm these accounts.

Pralourng’s death was likely legal. He could likely have injured an officer with the six-inch box cutter he carried, although it may have been difficult to kill her. But his crime did not merit the death penalty, and he now joins the ranks of Hill, Brown and others who’s small blades and screwdriver were considered weapons deadly enough to justify their deaths by the SFPD, BART Police, Oakland School Police respectively. It’s hard not to ask—did Pralourng have to die?

Guardian Voices: There’s something happening here

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There are distinct signs of the rebirth of a grassroots  balanced-growth  movement in San Francisco, and some small indication that it’s even beginning to shift, ever so slightly,  the politics of the Board of Supervisors.  This is very good news for the vast majority of San Franciscans.

First, a little history.

Land use and the approval of major development projects lie at the very heart of San Francisco politics. Developers and their allies (the building trades, contractors, bankers, architects, land-use lawyers, consultants, and  permit expeditors) are the primary source of political money for candidates for local office. Since the freeway and urban renewal fights of the 1960s, the very definition of  progressive  politics in San Francisco has been the attempt to build a political base of  residents to resist that money.  So-called moderates are simply the political extension of the pro-development lobby using its money to consolidate developer control of the public approval process.

In most cities, land-use issues — zoning, permits, urban design — is left to elites. Not so in San Francisco. Here, land use is talked about at neighborhood meetings and on street corners. The heart the reason is our compact size: 46.7 square miles, and the prohibition of filling in any more of the Bay to create new land. There is no vacant land in San Francisco. Any new major development almost always displaces something already there.  Development is a zero sum game, with winner and losers.  And the losers  leave town.

Land-use politics is about staying here — and that creates real interest among San Francisco residents.

The funding for major development in San Francisco has dramatically changed in the 45 years since the freeway and anti-urban-renewal fights of the mid-1960s. Back then, it was public sector money that fueled development. Yet, with that money, due to the actions of  progressive politicians like Phil and John Burton and George Moscone, came its own remedy: votes to not accept the public money for freeways (Moscone) and votes creating either laws that either prohibited displacement or funded legal assistance to the poor, empowering  them to stop government agencies through litigation (the Burtons at both the state and federal level).

Since the money for freeways and urban renewal was from the government, the focus of the early balanced growth  forces was on government itself, through massive lobbying campaigns to affect officials’ votes (the freeway fight), or the use of government-funded lawyers  to protect poor people’s  interests ( the WACO and TOOR lawsuits against redevelopment).

All of that changed starting in the 1970s, when Richard Nixon and later Ronald Reagan deregulated oversight of urban development by creating a system of  block grants and ended funding for legal assistance for the poor.  Large-scale development was effectively privatized, moving it from being designed, funded, and approved at public meetings by government officials following regulations to being designed and funded in private — and having a Kabuki-play-like public approval process with little real oversight. With the passage of Prop 13 in 1978, which limited the main source of local government revenue — property taxes — local governments became even more reliant on private developer money to create new revenue.

The popular response to this change in the development process in San Francisco was the emergence of a politics that relied on the old progressive-era reforms of the initiative, referendum, and recall. Through a series of initiatives, the community sought to impose regulations on the development process, culminating in the 1986 Proposition M, which actually limited the amount of high-rise office space developers could build, completely imposing the popular will over a supine set of local officials and politicians. Indeed, ten years earlier, again through the initiative processes, the very nature of the Board of Supervisors was changed from a developer-friendly at-large system to a district-election system. Hotly opposed by real estate and development interests, district elections in its brief three years of existence (repealed in the wake of the Moscone-Milk assassinations, even though they were both strong supporters of the system and their assassin opposed it…ironies abound in San Francisco politics) saw limits placed on condo conversions and the passage of rent control.

In each of these multi-year efforts, a citywide coalition was formed, including an ever-expanding set of communities and neighborhoods.  Common interests were defined that cut across race, class, and geography and issues of community (neighborhood) control and funding for essential services like Muni, affordable housing, childcare, and employment training were placed on the table – and developers had to address them if they wanted projects approved.

The point is that balanced growth came from community-based political forces, not elected officials.  Broad movements were built — in the end, encompassing elements of labor. These were victories won not by elected officials but by a popular movement.

In 2000, in the wake of  the dot-com bust, another balanced-growth measure, Prop. L, aimed at cutting then-Mayor Willie Brown’s power over development, was paired with the new district election system — and a broad coalition of forces including labor, community and neighborhood organizations won a major progressive victory.

Every candidate for supervisor who supported the balanced-growth measure won. Every candidate who opposed it and supported Brown lost. While Prop L narrowly lost, its policies and objectives were passed as ordinances by the new Board of Supervisors (banning live-work lofts, closing loopholes in the planning code, requiring neighborhood-based plans for the Mission, SOMA, and Potrero Hill).

But as is so often the case, the victory of 2000 led to the slow dissolution of the coalition that created it. Folks had won. Our supervisors could handle all these issues; we no longer had to. By the end of the term of the supervisors elected as the class of 2000, very little of that citywide coalition existed any more.

With the Great Recession of 2008, advances were rolled back.  Fees on local developers for affordable housing, childcare and transit were deferred in order to stimulate development.  A new era of “moderation” was announced by elected officials, led by Mayor Gavin Newsom. Desires to “attract and retain”  business saw new tax concessions in the name of “jobs” and a new willingness to use open space and public facilities for “private/public partnerships” was announced.

By 2012 any concept of balanced growth had been replaced with a new era of “cooperation” between city officials and developers.

Until recently, that is.

It should be clear to all that for the last four years, City Hall has been eager to approve any scheme presented by private developers — from the America’s Cup nonsense to highrise luxury condos on the waterfront. The siren song of the developers — more revenue if you approve our project — has been proven false again and again, as the revenue never really matches the real costs of these projects. The city’s essential services continue to shrink. Transit fees are too low to pay for the actual new costs of Muni. The affordable housing  fees are too little to actually meet the affordable housing needs of the new, poorly-paid workers employed in the retail and service industry that is always a part of these projects.

More and more of our parks and public open spaces are made available to private users, while few if any new public parks or open spaces are being created.  Indeed, the Department of Parks and Recreation often opposes new public parks — because it can’t maintain what it has.

So it is with fondness that these old eyes see the stirring of what appears to be the awakening political  giant of a new controlled-growth movement.

Here’s how it’s happening: The formation of a multi-neighborhood coalition to oppose fee increases at the Arboretum leads to a bigger coalition to oppose artificial turf  fields in western Golden Gate Park, which leads to an even-bigger coalition placing a policy statement against the privatization of Coit Tower on the ballot and winning.

These are important indications of a broad dissatisfaction with the endless private-public-partnership ( in which all the costs are public and all the profits are private) babble from Rec and Park.

The submission by a broad based coalition of more than 30,000 signatures to place the 8 Washington on the ballot — the first land-use referendum in decades — is an incredibly important achievement, and shows the popular sentiment against much of the City Hall happy talk about development on the waterfront.

But it was the unanimous ( yes, unanimous) vote by the Board of Supervisors last Tuesday to hold California Pacific Medical Center accountable for its constant shape shifting  on its massive project at Geary and Van Ness that shows, perhaps, the outline of the potential future of the balanced-growth movement in San Francisco.

Six supervisors stated their willingness to turn down the environmental impact report on the project unless Sutter/CPMC committed to a project that addressed not only the promise to keep St. Luke’s open for at least 20 years but also hired more San Franciscans, corrected the traffic nightmare predicted for Geary and Van Ness, provided more affordable housing for its own low-income new workforce, and committed  to cap the city’s health care costs as a result of CPMC’s market control the new project would create.

There is always the possibility that the two-week delay will go nowhere, but this kind of talk from this Board of Supervisors to a huge private developer simply has not occurred in the recent past.  No one from Room 200 showed up to twist supervisors’ arms in favor of Sutter.  Sutter was on its own and got rolled.

The coalition that fought Sutter to a standstill at the board, that defined the inadequacies of  the project listed by the supervisors, was a multi-neighborhood, multi-issues organization composed of community, neighborhoods, and labor. Middle class “Baja” Pacific Heights residents and low income seniors from Bernal Heights, non-profit affordable housing advocates and trade unionists, tenant organizers from the Tenderloin and Sierra Club members from the Haight-Ashbury; single moms from the Bayview and Filipino youth from the South of Market.

It was a San Francisco coalition, one that has been working together for nearly three years, blending issues, making concessions to one another and staying together.  A group like this with a set of demands such as these has not prevailed at City Hall for nearly a decade.  It still may not, indeed the chances are slim that its full demands will be achieved.

But this group moved the Board of Supervisors in a way not seen in years.  If the folks mobilized about our parks and the folks mobilized about our waterfront and the folks mobilized about CPMC get together, we have something very big happening. And it might be just in time to make a real difference.
It reminds me of an old saying: “ The people alone are the makers of world history.”

Developer hires crew to block signature gathering

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The developer of 8 Washington has taken an unusual if not unprecedented step to prevent a referendum on his waterfront condo project from succeeding: He’s hired a crew of people to surround signature-gatherers and try to drive away anyone who might sign a petition to put the project before voters.

[UPDATE: Sup. Sean Elsbernd called to let me know that this isn’t unprecedented — he says opponents of his Muni reform initiative, including bus drivers, also tried to discourage people from signing petitions. ]

The pro-condo team, whose members were paid a reported $20 an hour, were visible July 14, 15 and 16 at Fort Mason Center, at the Safeway on Church and Market, at Dolores Park, at Duboce Park and elsewhere in the city, according to accounts from signature gatherers and from Guardian staffers.

The team, usually made up of several people, typically surrounds the signature gatherer, waves signs talking about jobs and parks, and loudly seeks to disuade passers-by from signing the referendum petition.

There is, of course, nothing illegal about two sides of a political debate expressing their First Amendment rights on the sidewalk. Some of the people gathering signatures for the referendum are getting paid, too.

But I can’t think of another time when crews were hired to convince people not to sign a petition.

It’s gotten serious enough the Simon Snellgrove, the developer behind 8 Washington, was out himself. He appeared in Dolores Park after the Mime Troupe performance, where Brad Paul, a foe of the project, saw him debate with a signature gatherer who was leaving the area. He was also at Fort Mason, where, according to one account, a person gathering signatures confronted him and complained that his workers were harassing her.

“That’s their job,” Snellgrove reportedly said.

I couldn’t reach Snellgrove at his office. But Jon Golinger, the campaign manager for the stop 8 Washington effort, said the tactic was a sign of desperation. “They are worried about a public vote on this,” Golinger told me.

 

Saving City College

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By Chris Jackson

Although a recent accreditation report levels a long list of criticisms of City College, some of them legitimate issues that need to be addressed, the real problem is the state’s defunding of public education and its disinvestment in our community-college system.

There’s no question that everyone is going to work to keep City College open and serving our communities.

City College of San Francisco serves more than 90,000 students each year, trains (and retrains) our workforce, teaches English to our immigrant populations, fosters lifelong learning, and provides affordable, accessible pathways into all of higher education’s opportunities. But five years of drastic cuts in state funding has resulted in shrinking programs and overflowing classes; skyrocketing costs to students and families; employee furloughs, pay cuts, and givebacks; shutting the doors on far too many students who are unable to get the classes they need; and an increasing sense that community college education and its mission are wholly threatened for our city’s diverse students.

Overall, if you read the Accrediting Commission for Community and Junior College’s report, the commission is asking City College to shrink its mission of providing a high quality, affordable education to all who come to its doors. The ACCJC wants City College to step away from its San Francisco value of “chopping from the top” — cutting administration instead of teachers.

Let’s be clear, the buck stops with the elected Board of Trustees. We as a board are going to work together with the entire City College family to save the college and its accreditation and look at and resolve all of the issues brought up in the accreditation report.

With that said, it’s important to understand that California’s institutions of higher education have taken huge cuts during our historic recession and subsequent unemployment — a time when more and more people have come to use our educational resources to help in their quest to find jobs.

Over the past four years, the state has cut more than $1 billion from the community college system. That includes a $17 million cut to City College last year — and this year, we’ve worked to close an additional $14 million budget deficit. Last year, more than 10,000 students were unable to attend City College due to lack classes.

While students are scrambling for classroom seats, the commission is arguing that City College has too few administrators. But we’re proud of the fact that every available dollar continues to go to saving City College classes and student access.

City College has spent the last year planning to place a parcel tax on this November’s ballot — to raise funds specifically to address many of the problems cited in the report. If the City College parcel tax and Governor Brown’s tax both pass, City College will have the money to restore many of the classes, services and liabilities that we’ve been unable to address.

As the largest community college in California, our mission and values are to serve all that come to the doors of City College, and let this be clear to our communities: We will never shrink away from that mission.

Chris Jackson is a member of the San Francisco Community College Board of Trustees

 

The malling of San Francisco

110

steve@sfbg.com

Shopping malls filled with national chain stores and restaurants are in many respects the antithesis of San Francisco. They’re the bane of any metropolis that strives to be unique and authentic. And those just happen to be qualities that make tourism this city’s number one industry.

The logic of modern capitalism, and its relentless growth into new markets, has already placed a Target or a Walmart, and a Nordstrom, Macy’s, Ross, or a JCPenney — along with a bevy of Starbucks, Applebee’s, Jamba Juice, and McDonald’s and myriad other formulaic corporate eateries — in just about every town in the country.

Do people really need them here, too? And in a city renowned worldwide for its scenic beauty and temperate (albeit sometimes foggy) climate, do people want to shop in the enclosed, climate-controlled malls popularized in the small or suburban towns that many residents came here to escape?

For me, the answer is no. Frankly, malls have an aura of artificiality that gives me the creeps — but I freely acknowledge that not everyone feels that way. Some San Franciscans may like malls and chain stores while others don’t.

But it doesn’t really matter what any of us think. Left unchecked, it’s the market that matters — and the logic of the market gives chain stores a huge competitive advantage over the mom-and-pops. Their labor and supply costs are lower, their financial resources are more extensive and appealing to commercial landlords, and their business models are based on constantly opening new stores.

All cities have to do is just say yes. And San Francisco has been increasingly saying yes to malls and chain stores.

The economic desperation that set in since the financial crash of 2008 has overcome the trend of resistance to so-called “formula retail establishments” that had been building in San Francisco during the years before the recession.

So now, rather than dying from neglect, the Metreon mall has been brought back to life by a huge Target store set to open this fall, the second Target (the other one at Masonic and Geary) going into a city that had once eschewed such national mega-retailers.

Just down the street, in the heart of the city’s transit-rich commercial center, the CityPlace mall that had been abandoned by its previous owners after winning city approval two years ago is now being built by new owners and set to open next spring with “value-based” national chain stores like JCPenney.

Projects funded with public money aren’t immune either. The new Transbay Terminal transit center now under construction will have its own mini-mall, with 225,000 square feet of retail, much of it expected to house national chains. Even more retail will be built on the ground floor of the dozen other nearby residential and office buildings connected to the project.

And it isn’t just these new malls going in a stone’s throw from the Westerfield Mall, Crocker Galleria, San Francisco Center, and other central city malls. All over town, national chains like the Whole Foods and Fresh & Easy grocery stores are replacing Cala Foods and other homegrown markets, or going into other commercial shells like the S&C Ford building on Market near the Castro.

Just a few years ago, the approval of Home Depot on Bayshore Boulevard (since then sold and opened as Lowe’s, another national chain) was a hugely controversial project approved by the Board of Supervisors on a closely watched 6-5 vote. Now, Lennar is building an entire suburban-style complex of big box stores on Candlestick Point, hundreds of thousands of square feet — without much controversy at all.

Even Walmart — the dreaded poster child for huge corporations that use their market power to drive down wages or force local stores out of business — is reported to be actively looking to open “a couple” of stores in San Francisco (see “Walmart sets sights on San Francisco,” June 24, San Francisco Chronicle).

To Livable City Executive Director Tom Radulovich and others who have long encouraged San Francisco to embrace the kind of urbanism advocated by famed author and activist Jane Jacobs — which emphasizes unique, neighborhood-based development that enhances public spaces and street life — accepting the malls feels like giving up on more dynamic urban models.

“It’s sort of an admission of failure,” Radulovich said. “It’s the failure of urbanism in San Francisco.”

 

 

MID-MARKET SYMBOLISM

Mid-Market Street is a bellwether for the type of city San Francisco may become. Every mayor since at least Dianne Feinstein in the late 1970s has called for the redevelopment of Mid-Market into a more active and inviting commercial and social corridor, and few have done so more fervently than Mayor Ed Lee.

Several city studies have explored a wide variety of ways to accomplish that goal, from eliminating automobiles and transforming Market Street into a lively pedestrian promenade to using redevelopment money, tax breaks, and/or flashy lighted signs to encourage distinctive development projects unique to San Francisco.

“But the city failed, so the market filled the void,” Radulovich said.

It isn’t that all shopping malls or enclosed commercial areas are necessarily bad, Radulovich said, citing the influential work by writer Walter Benjamin on the roles the enclosed “arcades” of Paris played in public life. “They work when they are an extension of public spaces,” Radulovich said.

Yet that isn’t what he sees being built in San Francisco, where what gets approved and who occupies those spaces is largely being dictated by private developers who are more interested in their bottom lines than with the creation of a vibrant urban environment where people are valued as more than mere consumers or workers.

San Francisco isn’t alone in allowing national chains to increasingly dominate commercial spaces. In fact, Stacy Mitchell, a researcher with the Institute for Local Self-Reliance, said that until recently San Francisco was one of the best big US cities in controlling the proliferation of chain stores.

But the city has lost ground since its anti-chain high water mark in 2007, when voters approved Proposition G, which expanded the controls on formula retail outlets — generally requiring them to get a conditional use permit and go through public hearings — that the Board of Supervisors had approved in 2004.

Those controls are only as good as the political will to reject a permit application, and that doesn’t happen very often. A memo prepared last July for the Planning Commission — entitled “Informational Presentation on the Status of Formula Retail Controls” — found that of the 31 formula retails applications the city received since 2007, just three were rejected by the commission, six were withdrawn, and 22 were approved.

It’s gotten even worse since then, as the two Targets and other chains have been courted and embraced by Mayor’s Lee’s administration, whose key representatives didn’t respond to Guardian interview requests by press time.

Mitchell said it’s not nearly as bad in San Francisco as it is in Chicago, New York City, New Orleans, and other iconic US cities whose commercial spaces have been flooded with chains since the recession began.

“It’s nothing compared to the no-holds-barred stuff going on in New York City right now,” Mitchell said. “Walking down Broadway now is like a repeating loop of the stores you just saw further up the street.”

It isn’t that these cities are actively courting the national chains in most cases. It’s just that in the absence of strong local controls, developers and large commercial landlords just prefer to deal with chains, for a variety of reasons.

“If you’re just going with the flow of what developers are doing,” she said, “you always end up with national chains.”

And that’s what San Francisco has started to do.

 

 

MALLS LIKE CHAINS

Stephen Cornell, the owner of Brownie’s Hardware and a board member of the nonprofit advocacy group Small Business California, said chains have a huge competitive advantage over local businesses even before either one opens their doors.

“In general, landlords tend to like chains more,” said Cornell, whose business has struggled against Lowe’s and other corporate competitors. “The landlord always worries: is this guy going to make it and do they have the funds to back it up?”

Big corporate chains have lawyers and accountants on staff, and professional systems established for everything from buying goods to opening new stores, whereas most local entrepreneurs are essentially figuring things out as they go along.

“They’re very good at selling themselves,” Cornell said. “They’re going to manipulate the system perfectly, whether it’s the city and its codes or dealing with neighborhood merchants.”

And for large malls, Cornell said the problem is even worse. Brokers that fill malls have standing relationships with the national chains — most of which are publicly traded corporations seeking to constantly expand and gain market share — and no incentive to seek out or take a chance on local entrepreneurs.

“Chains have a lot of advantages,” Cornell said.

Mitchell said there are two main ways in which malls favor national chains over local businesses. In addition to the relationship between mall brokers and national chains, malls are often built with financing from financial institutions that require certain repayment guarantees.

“What they want to see are credit-worthy clients signed onto those places, and that means national chains with a credit rating from Standard & Poors,” Mitchell said, noting how that “automatically locks out” most local businesses.

Cornell also noted that national chains have already figured out how to maximize their efficiency, which keeps their costs down even though that often comes in the form of fewer employees with lower pay — and less reliance on local suppliers, accountants, attorneys, and other professionals — which ends up hurting the local economy. In fact, big chains suck money out of the city and back to corporate headquarters.

“All those people are making money and spending money here, so you have to look at the full circle,” Cornell said.

Mitchell said there are often simple solutions to the problem. For example, she said that city officials in Austin, Texas recently required the developer of a large shopping mall to set aside a certain percentage of the units for locally owned businesses.

So rather than hiring a national broker to find tenants, the developer hired a local broker to contact successful independent businesses in the area who might be interested in expanding, and the project ended up greatly exceeding the city’s minimum requirements.

Mechanisms like that, or like the formula retail controls pioneered in San Francisco, give her some hope. But she said, “Whether the counter-trends will be enough to counter the dominant trend, I don’t know.”

 

 

PUBLIC SUBSIDIES

The increased malling of San Francisco isn’t simply the result of official neglect. Often, the city’s policies and resources are actively encouraging the influx of chain stores. A prime example is the massive redevelopment project on Hunters Point and Candlestick Point that city voters approved in 2008 after mega-developer Lennar and most San Francisco political officials pushed the project with a well-funded political campaign.

“If you’re selling the land to Lennar for a dollar, and then building all the automobile infrastructure for people to get there, then that’s a massive public subsidy,” Radulovich said of the big-box mall being built on what was city-owned land on Candlestick Point.

That public subsidy creates a cycle that makes San Francisco less intimate and livable. Creating commercial spaces on the city’s edge encourages more people to drive on congested regional roadways. These spaces are filled with national chain stores that have a direct negative impact on small, locally owned stores in neighborhood commercial districts all over the city, causing some of these businesses to fail, meaning local residents will need to travel further for the goods they once bought down the street.

“Those neighborhoods are going to be less walkable as a result,” Radulovich said, noting how the trend contradicts the lip service that just about every local politician gives to supporting local businesses in neighborhood corridors. “There’s a certain schizophrenia to San Francisco’s economic development strategy.”

Sup. Eric Mar has been working with Jobs with Justice San Francisco and other groups to tweak city policies that have allowed the chains to proliferate. Last year, Mar held high-profile hearings in City Hall on how national chains impact local businesses, which pointed to the need for additional protections (see “Battling big box,” Jan. 3).

This year, he’s working on rolling out a series of legislative initiatives designed to level the playing field between local interests and those of Wall Street and the national chains it champions.

Last month, the Board of Supervisors approved Mar’s legislation to add banks to the city’s formula retail controls, a reaction to Chase Bank and other national banks snapping up vacant stores in neighborhood commercial corridors such as Divisadero Street.

Now he’s working on legislation that would mandate minimum labor and community benefit standards for chain stores — including grocery outlets such as Fresh & Easy — and study how chains affect San Francisco’s overall economy.

“There should be good neighbor policies when they come into a neighborhood,” Mar said. “Some neighborhoods are so distressed they may want a big box grocery story coming in, but we need to try to mitigate its negative impacts.”

One of his partners in that effort is his brother, Gordon Mar of Jobs with Justice, who argues the city needs to have a clearer picture of how national chains impact local communities.

“We’ve definitely seen an increase in corporate chain stores coming into San Francisco in the last year, and nobody has really been tracking it,” he said.

While the Planning Department’s quarterly pipeline report shows that applications for retail outlets has held steady at about 3 million square feet on the way in recent years, it doesn’t break out how much of that is national chains — let alone how that impacts the city’s economy and small business sector.

The city’s Legislative Analyst is now studying the matter and scheduled to release a report later this summer, which Gordon Mar said will be helpful in countering the narrow “jobs” rhetoric that now dominates City Hall.

“They are exploiting the economic recession by saying they’re bringing much needed jobs into the city and serving low-income residents,” he said. “But when you bring out the facts about the impact of these low-road retail stores on neighborhoods and small businesses, there is a net loss of jobs and a lowering of labor standards.”

 

 

VALUING MALLS

Yet the fate of those controls is uncertain at best, particularly in a tough economic environment in which the city needs revenue, people are desperate for jobs, and many residents have seen their buying power stagnate, making the cheap goods offered by Target and Walmart more attractive.

“It’s complicated stuff,” Michael O’Connor, a local entrepreneur and former member of the Small Business Commission who favors formula retail controls, told us. “Stores like Target do appeal to lower income families…The progressive agenda needs to understand that working-class families need somewhere to shop.”

O’Connor acknowledges how small businesses like those he owns, including a clothing store, often can’t compete with national chains who buy cheap goods in bulk. So he said he favors protections in some neighborhoods while allowing chains in others, telling us, “I don’t have a problem with the Target going into the Metreon.”

That argument also held sway with city officials when they considered approving the CityPlace project two years ago, which was presented as a mall filled with “value-based” stores that would be affordable to median income San Franciscans.

“At the time, the decision was around whether a value-based retail operation made sense in that location, and the answer was an emphatic ‘yes,'” Barbary Coast Consulting founder Alex Clemens, who represented the project, told us.

On a national or global level, there are good arguments against reliance on national chains selling cheap imported goods, which has created a huge trade deficit between the US and countries such as China that costs American jobs — ironically, the very things that some use as arguments for approving chain stores.

“The recession has created a climate of desperation where cities are more easily swayed by the jobs argument,” Mitchell said, noting the falsity of those arguments by pointing to studies showing that the arrival of chain stores in cities usually creates a net loss in employment. Finally, supporters of chain stores say the cash-strapped city needs the property and sales tax revenue “Because they say they’ll produce a lot sales tax revenue, they’re going to get away with all kinds of shit,” Cornell said, arguing that shouldn’t justify city policies that favor big corporations, such as tax breaks and publicly financed infrastructure. “I certainly don’t think [city officials] should be giving them any advantages.” There are few simple solutions to the complex and interconnected problems that result from the malling of San Francisco and other cities. It’s really a question of balance — and the answer of whether San Francisco can regain its balance has yet to be answered. “Given the mayor’s approach to economic development, it’s inevitable that we’ll have more coming into the city,” Sup. Mar said. “But the ’50s car culture, and the model of malls that came in the ’60s, don’t build communities or strong neighborhoods.”

Under oath

19

steve@sfbg.com

Mayor Ed Lee and suspended Sheriff Ross Mirkarimi each took some lumps on June 29 as they were cross-examined by opposing attorneys in front the Ethics Commission, which is conducting the official misconduct case that Lee brought against Mirkarimi over a Dec. 31 domestic violence incident. But the hearings proved unexpectedly dramatic when the room was suddenly cleared for an undisclosed security threat — following testimony by Lee that a city commissioner alleges included perjury.

The incident raises a number of issues that officials hadn’t yet answered by Guardian press time. Was the security threat real? If so, why wasn’t the room or the rest of City Hall properly secured after the mayor was whisked away? If not, who ordered the room cleared and why?

Undersheriff Paul Miyamoto, who ran against Mirkarimi last year, told the Guardian that the San Francisco Police Department notified his office that a caller claimed to have planted bombs outside of City Hall and on the Golden Gate Bridge. Deputies conducted a search and found nothing, and his office didn’t order the recess of the hearing. “We did not evacuate anyone,” he told us.

Speculation about the incident was heightened during the break when Debra Walker, a Mirkarimi supporter and longtime member of the city’s Building Inspection Commission, told the Guardian that Lee committed perjury when he denied speaking with any members of the Board of Supervisors before filing official misconduct charges. Lee was responding to a direct and pointed question from Mirkarimi attorney Shepherd Kopp — one that that Lee’s attorneys had unsuccessfully objected to.

Specifically, Walker said that her longtime friend and political ally Sup. Christina Olague — who Lee appointed to serve the last year of Mirkarimi’s term for the District 5 seat — had told her repeatedly that Lee had asked her advice before filing the charges against Mirkarimi, and that Olague’s advice was that Lee should ask for Mirkarimi’s resignation but drop the matter if he refused.

That allegation, which was first reported on the Guardian’s Politics blog shortly after the commission went into recess (Olague had not yet returned a call from the Guardian asking whether she had spoken to Lee about Mirkarimi), prompted reporters to confront Olague in the hallway outside her supervisorial office, where she tersely denied the allegation and then took refuge behind closed doors.

When the reporters lingered and persisted, waiting for a more complete answer, Olague finally emerged, reiterated her denial, refused to speculate about why her friend Walker would make that claim, and said, “We’re not allowed to discuss this matter with anyone before it comes to the board…I may have to recuse myself from voting on this.”

It was unclear why she thought recusal might be necessary, but if she does disqualify herself from voting on Mirkarimi’s removal later this summer after Ethics completes its investigation and makes its recommendations to the board, that would hurt Lee’s effort to get the nine votes needed to remove Mirkarimi.

When the Ethics Commission hearing resumed after a couple hours, Lee was again placed in a position of denying specific factual allegations that others have made, again raising the possibility that he committed perjury in his sworn testimony, which could expose him to felony criminal charges while undercutting his moral authority to remove Mirkarimi over the single misdemeanor count of false imprisonment that he pleaded guilty to in March.

The second instance was when Kopp asked Lee, “Did you ever extend any offer through third parties that you would find him another job if he resigned?”

“I don’t recall offering Sheriff Mirkarimi any job,” Lee replied.

Kopp specifically asked whether that job offer had been extended on Lee’s behalf by permit expediter Walter Wong or by San Francisco Democratic Party Chair Aaron Peskin, to which Lee replied, “Absolutely not.”

Mirkarimi supporters have told the Guardian that Peskin had made that offer, which Mirkarimi refused, shortly before the party chair publicly called for Mirkarimi’s resignation. The outgoing message on Peskin’s cell phone said he was unavailable and wouldn’t be checking his messages until July 5. Mirkarimi’s attorneys said they’re still figuring out how to respond to the developments and had no comment, but Walker said she’s willing to testify under oath.

But the dramas underscore the treacherous grounds opened up by these unprecedented proceedings, the first involving the Ethics Commission and the broadened definition of official misconduct placed into the City Charter in 1996. As baseball great Barry Bonds and former President Bill Clinton learned, being forced to testify under oath about sensitive topics can be a tough trap to negotiate.

 

MIRKARIMI TESTIMONY

Deputy City Attorney Peter Keith also seemed to be trying to spring that perjury trap on Mirkarimi as he took the stand on the morning of June 29 following an hour on the stand at the previous night’s hearing. Keith reminded Mirkarimi that he was advised not to discuss his testimony with anyone and asked, “Who have you spoken to since last night?”

“My attorneys,” Mirkarimi answered.

“What did you say to them?” Keith asked, drawing objections about attorney-client privilege that Commission Chair Benedict Hur sustained.

“Did you stop for coffee?” Keith then asked, seemingly concerned that Mirkarimi may have discussed his testimony with someone at the coffee shop that morning, which Mirkarimi denied. Keith let the allegation go but maintained an accusatory, hectoring tone throughout the next three hours that he had Mirkarimi on the stand, two more hours than he had told the commission he would need.

Much of the time was spent trying to establish support for the allegation that Mirkarimi had dissuaded witnesses and sought to thwart the police investigation, which was triggered by a call from Ivory Madison, a neighbor to whom Mirkarimi’s wife, Eliana Lopez, had confided. But the testimony yielded little more than the city’s unsupported inference that Mirkarimi must have directed Lopez and his campaign manager, Linnette Peralta Haynes, to contact Madison after she had called the police and urged her to stop cooperating with them.

Mirkarimi has maintained that he did nothing to dissuade Madison or anyone from talking to police, and that he wasn’t aware of the investigation or that Madison had made a videotape of Lopez showing a bruise on her arm until hours after the police were involved. He even sent a text to Lopez saying there was nothing he could do, as he noted.

“It was after 4pm on January 4 when I first learned of any of this,” Mirkarimi testified, later adding, “I was very clear to her in saying you can’t unring the bell, we have to follow through with this.”

Yet Lee and the deputy city attorneys who are representing him also maintain that they needn’t prove witness dissuasion or other allegations they have made, and that the Dec. 31 incident and Mirkarimi’s guilty plea to a single misdemeanor count of false imprisonment are enough to constitute official misconduct and warrant his removal, an interpretation that Mirkarimi’s attorneys dispute.

Keith sought to hammer home how Mirkarimi should have admitted to and publicly atoned for his crime right away rather than telling reporters it was a “private family matters” (which Mirkarimi admitted was a mistake) or fighting the charges by trying to discredit Madison publicly, an allegation he denies.

After unsuccessfully trying to get Mirkarimi to admit to directing efforts to question Madison’s credibility in local media accounts, Keith asked, “Did you ever direct anyone not to attack Ivory Madison?”

“I never directed anyone to attack or not attack,” Mirkarimi replied.

Keith also clarified that Mirkarimi denies the allegation Madison made that the physical abuse on Dec. 31 went beyond grabbing Lopez’s arm once in the car, as the couple has maintained. “It’s your testimony there was no punching, pulling, or grabbing in the house?” Keith asked, which Mirkarimi confirmed.

Yet Keith said that given the totality of what happened, Mirkarimi should have known he couldn’t continue on as sheriff. “Under those circumstances, wouldn’t resigning be the honorable thing to do?” Keith said, to which Mirkarimi replied that it’s a hard question and that he’s doing what he thinks is right.

Faced with friendlier questions from his own attorney, David Waggoner, Mirkarimi apologized for his actions, saying “I feel horrible and ashamed,” but that he was “sad and scared” to have his family torn apart against their will. He also said that he believes he can still be effective as sheriff because “what makes San Francisco special is our forward-thinking approach to criminal justice.”

Longtime Sheriff Michael Hennessey — who endorsed Mirkarimi and continues to support him — established a variety of programs emphasizing redemption and rehabilitation, hiring former convicts into top jobs in the department to emphasize a belief in restorative justice that Mirkarimi ran a campaign promising to continue.

“Never in my wildest dreams did I think I would be an example of what this redemption process looks like,” Mirkarimi said, choking back tears.

But Keith had the last word before Mirkarimi left the stand, belittling the idea that Mirkarimi offers an example to follow by noting how much probation time and court-ordered counseling he still has to undergo and asking, “The process of redemption doesn’t happen overnight, right?”

 

LEE ON THE STAND

Under questioning by Kopp, Mayor Lee admitted that he doesn’t have a written policy on what constitutes official misconduct, that his decisions are made on “a case by case basis,” and that he’s not sure whether conviction of a crime would always constitute official misconduct “because I’ve never confronted this before.”

“Were you aware that many members of the Sheriff Department have criminal convictions?” Kopp asked. Lee said he was not aware. Asked whether he was aware that Sheriff Hennessey had hired a convicted murderer into a top command staff position (see “The unlikely sheriff,” 12/21/11), Lee said he wasn’t.

Lee’s insistence that Mirkarimi’s crime makes him unable to deal effectively with other officials was also attacked by Kopp, who asked, “Isn’t it true that people get elected who have disagreements with other city officials?” He pointed out that City Attorney Dennis Herrera had nasty conflicts with Lee when they ran against each other for mayor last year, but that they’re working well together now.

Kopp also drilled into Lee about his decision to bring official misconduct charges before conducting an investigation or speaking with any witnesses besides Madison — an answer Lee blurted out just as city attorneys objected to the question. Much of Madison’s written testimony has been rejected by the commission as prejudicial hearsay evidence (see “Mayor vs. Mirkarimi,” July 27).

But the public’s perception of this case, if not it’s outcome, could turn on whether Lee is holding Mirkarimi to standards that he himself — as someone appointed mayor on a later-broken promise not to run for a full term — couldn’t meet. It was what Kopp seemed to be driving at before the bomb scare.

“You have asserted in your written charges that Sheriff Mirkarimi’s conduct fell below the standard of decency, good faith, and right action that is impliedly required of all public officials, correct?” Kopp asked.

“Yes,” Lee replied.

“We expect certain things of our elected officials, right?” Kopp asked.

After a long pause, in which Lee appeared to be thinking through his answer, he replied, “That’s generally true, yes.”

“And when the charter speaks of official misconduct, it doesn’t say we expect a certain standard for the sheriff, a different standard for the mayor, a different standard for the DA, a separate standard for the assessor, it just speaks in general terms about official misconduct for public officials, right?” Kopp asked.

Kaiser objected to the question on three counts, sustained on the grounds that it calls for a legal conclusion.

“Do you yourself believe there’s a separate standard for sheriff than for other elected officials?” Kopp asked, and this time the city’s objection was overruled and Lee replied, “It should be the same standard.”

“And would you agree with me that one of the things that is expected of elected officials is for them to be honest and forthright when dealing not only with their constituents, but with other elected officials?” Kopp asked, his final question before Chair Benedict Hur announced that the hearing would be suspended and the room would need to be cleared.

After the hearing reconvened, Kopp drew parallels to other city officials who remained on job after scandals, including former Mayor Gavin Newsom (who had an affair with a subordinate who was married to his campaign manager), former Sheriff Dick Hongisto (who was jailed for refusing to carry out a court’s eviction order), and current Fire Chief Joanne Hayes White (whose husband reported that she hit him in the head with a pint glass).

Asked about the latter case, Lee responded, “I don’t know all the circumstances around that and I don’t believe I was mayor at the time.”

 

Leaked documents add to CPMC’s credibility problems

10

Three key members of the Board of Supervisors today presented what they say are documents leaked by a whistleblower within California Pacific Medical Center showing it will likely shut down St. Luke’s Hospital by invoking an escape clause in the development agreement that the Mayor’s Office negotiated and the board is now considering.

The CPMC internal financial documents sent to the supervisors Sunday from an anonymous whistleblower predict a financial scenario in which the operating revenue will fall below a 1 percent margin by 2018.  The predicted loss would allow CPMC to exit its 20-year commitment to St. Luke’s and close the hospital in 2020, just five years after its scheduled reopening.  Sups. David Chiu, Malia Cohen, and Christina Olague say they worry the financial shortfall would also limit CPMC’s charitable donations while its Sutter Health parent company cuts hundreds of hospital jobs to save a projected $70 million per year.

 CPMC has promised to seismically retrofit St. Luke’s and run it for 20 years. In return, the medical group gets to build a massive hospital on Cathedral Hill. Inserted into the deal is what Chiu calls the fine print, which states if CPMC operating margin falls below 1 percent for two years it may close the hospital. Chiu said CPMC presented the escape clause as a very unlikely event, occurring only in a catastrophic scenario.

Instead, the leaked documents present a negative operating margin as an incredibly probably situation that CPMC has known about for months and misrepresented to city officials. “CPMC knew it was possible and likely they would default on their commitment,” Cohen said, adding that her greatest grievance is CPMC’s refusal to do anything about the situation.

Cohen said the financial revelations aren’t surprising considering Sutter Health has a reputation for shady practices. She said we should all wonder how a supposedly not-for-profit corporation is able to make so much profit.

CPMC spokesman Sam Singer said the documents are fraudulent, flawed financial reports that CPMC threw away a long time ago. He suggested someone must have dug them out of the garbage in a conspiracy like fashion. Singer said the mayor had learned about the document a few weeks ago.

Chui said that may help explain why  the Mayor’s Office recently acknowledged it reentered negotiations with the CPMC after becoming concerned about the viability of St. Luke’s, telling supervisors it was based on CPMC’s revised revenue estimates, sparking a controversy during last week’s hearing.

Whatever the reason, the three supervisors want more time to investigate the matter.

“Let’s be clear,” said Cohen said, “these contract negotiations should be informed by actual financial information and not just by the word of CPMC leadership, which we’ve unfortunately found to be untrustworthy.”

 

 

Guardian voices: The labor agreement that changed SF

18

This year marks the 53rd anniversary of the beginnings of  negotiations between the International Longshoreman’s and Warehouseman’s Union and the Pacific Maritime Association over what came to be known as the “Mechanization and Modernization Agreement.”  Signed in October, 1960, after months of talks,  the “M and M agreement” transformed San Francisco’s economy forever, moving its founding industry — shipping and trans shipping — to the East Bay, opening up the land once devoted to maritime uses to real estate development, and setting off the modern political era of San Francisco.

The agreement allowed containerization to come into the San Francisco Bay, making obsolete  the finger piers along San Francisco’s waterfront and the ILWU’s “gangs” that worked on them, hand-loading “break bulk” cargo into the holds of cargo ships. The new technology of shipping cargo in a single  container that could be transported by truck, train, and ship without unloading  transformed maritime trade.

During World War II, shipbuilding and shipping were  fundamental in the effort to move billions of tons of supplies and millions of troops across the global battlefield. In both cases the  San Francisco Bay was ground zero in that in that effort.

Kaiser and Bechtel, two Bay Area-based construction companies, wildly successful in undertaking huge construction projects during the New Deal, were urged to build ships during the war. Kaiser in Richmond and Bechtel in Sausalito constructed  huge shipyards that  built cargo ships by the hundreds, bringing tens of thousands of workers to the Bay Area and changing the demographics of the region for ever. These huge industrial centers didn’t last after the war, and while they transformed who lived in the region, they didn’t really have a lasting economic impact.

But wartime changes in cargo handling did.

For as long as San Francisco had been a city, it depended on its port as the base of its economy. The Gold Rush happened here in part because we had a port and the world rushed in on ships. The enduring fortunes were made during that period by merchants and shipping companies were totally dependent on shipping and cargo handling.

At the heart of the maritime economy was the longshoreman who, by hand, loaded and unloaded ships’ holds. The demand for speed during WWII saw the then-revolutionary introduction of the fork lift truck on the piers of San Francisco, replacing hands with a machine for the first time in the history of the San Francisco waterfront.

But that was only the beginning. New ship designs and new shipping techniques were invented to meet the needs of global war. Since most of the Pacific islands that were the military objectives of the war had no ports or piers, ships were designed that could land directly on a beach and unload preloaded trucks.  Preloaded containers were simply stacked on the decks of Liberty ships, avoiding the need to load the cargo below decks.  By the Korean War these containers were in such regular use by the Army that ships were modified to carry only them, replacing below-deck cargo entirely.

Since ports and piers had been major targets during the war and required extensive rebuilding in both Europe and Asia,  new cargo handling techniques were built into these new facilities, making US ports, undamaged by the war, outmoded and old fashioned.  If US ports were to keep up they had to be modernized.  But who would pay for these new facilities: the shipping business or the government?

San Francisco was still governed by an unbroken line of Republican Mayors during this key period: the anti-New Deal, pro-Mussolini Angelo Rossi; the shipping line owner and anti- ILWU leader Roger Lapham; the pro-real-estate development Elmer Robinson; and finally, the last Republican Mayor of San Francisco, the pro-urban-renewal stalwart George Christopher. These four had no desire to rebuild the waterfront and make the ILWU even stronger. Indeed, Robinson and his successor Christopher had a vision of the waterfront as prime real estate, not working waterfront.

And so, with no commitment to the maritime industry from the city’s leadership and with technological change making the status quo impossible to maintain, Harry Bridges and the leadership of the ILWU cut the best deal they could for their existing members: the 1960 M and M agreement, which gave all existing longshore workers lifetime jobs and very good pay — but sealed the fate of San Francisco waterfront.

By 1962 the Port of Oakland had built its first container facility, and that same year, the first containership, the S.S. Elizabethport, docked and begin loading. By the mid 1970’s, the ILWU was no longer a force in the San Francesco labor movement, its leadership taken by the Building Trades unions  whose  numbers increased as the development boom, fueled by land made vacant by the loss of the maritime industry, grew.

For the rest of the Bay Area, it was San Francisco’s model of waterfront as real estate development that was followed, not Oakland’s investment in cargo shipping. By 1965, development of the Bay was so intense that the McAteer-Petris Act was passed, creating the Bay Conservation and Development Commission, a regional body aimed at limiting the powers of local governments (like San Francisco) in filling and over-developing the Bay.

The 8 Washington battle, the struggle over the Hunters Point shipyard, and the looming battle over the use of a port pier for the Warriors arena all have their history deeply rooted in the 1960 M and M agreement.

In this second decade of the 21st century, our greatest challenge is creating and sustaining meaningful employment. Would our prospects be better if we had somehow been able to keep some maritime uses at the port? Would families in Bay View-Hunters Point be more able to buy homes in their own neighborhood if the same kinds of jobs that allowed their grandparents to buy theirs still existed? Would the boom-or-bust cycle of our real-estate dependent local economy been so disruptive if we had a more steady state base of a maritime sector — which kept the Great Depression from being so devastating in San Francisco in the1930s?

These questions are real — and should show that the shape of our economy is made by us and the decisions we make, locally, not solely by techological change, global trends or the far-too-palsied invisible hand of the free market.

Taxes and pension reform

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Our friends at CalBuzz, who are almost always right, have a point when they say that the right wing is going to use the lack of comprehensive pension reform against Jerry Brown’s tax measure in the fall. That’s unless the Legislature does something productive in August, which is always a challenge.

But whenever I hear this kind of analysis, I think about some of the political campaigns I’ve seen — the tobacco tax is an excellent example — and I wonder: Will it really make a difference?

No matter what the Leg does, Joel Fox and company are going to raise a ton of money and attack the tax plan — and no matter what happens in August, they’ll use public employees, and public employee pensions, as a flash point.

Brown could propose eliminating every dollar of pension spending tomorrow — and he’d wind up in court, because a lot of this is mandated by contracts. But even if he could get away with it, the righties would still harp about pensions. Because even if we weren’t paying modest pensions today, we used to — and in these campaigns, the facts don’t matter at all. See: Prop. 29. The truth is irrelevant when this much money is involved.

I guarantee the anti-tax groups will find some overpaid public employees and a couple of folks who spiked their pensions and they’ll plaster it all over the airwaves. And the fact that Brown and the Democrats in Sacramento are working 23 hours a day to try to craft a reform plan won’t matter a bit. Even if the reform plan passes, it won’t be enough for these clowns — and if they can outspend Brown’s side by 5-1, well … start holding bake sales for your local public school.

And by the way, who’s going to put up a lot of the money for the Jerry Tax Plan? Public-sector unions.

My point is not that Brown and the Legislature should ignore pension reform (although, as Calbuzz also notes, public-employee pensions aren’t the major cause of the state’s fiscal problems). I know it’s a huge political flashpoint, and the Righties have done an exceptional job at blaming union members for just about everything wrong with the state, and most people now believe that pensions are bankrupting us all and saddling our kids (who will work nonunion jobs with no pensions) with mountains of debt.

(Wait a second. Two wars? More than a trillion dollars wasted? The repeal of the CA vehicle license fee? Prop. 13? But never mind that; the debt’s coming from pensions.)

The missed opportunity here, and the move I wish Brown had been willing to make, was to combine the two in the same package, to wit:

We’re going to ask the public employees, who have already taken tens of millions in pay cuts and furloughs and suffered huge layoffs, to suffer even more and give up part of their pension package. And we’re going to ask everyone who benefits from the Bush tax cuts and all of the corporations who benefit from loopholes in the state code to take a proportional haircut.

Proportional — that is, if a union worker who gets a (typical) $30,000 a year pension has to pay 15 percent more of his or her paycheck a year into the pension fund, then a hedge-fund manager who makes $50 million a year has to pay 15 percent more of that paycheck to help fund for education and public services.

Everyone suffers, equally. Come on, Jerry — put that on the ballot and make Joel Fox fight it.

Avalos emerges as the board’s main progressive champion

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Sup. John Avalos seems to be the only consistent champion of progressive values at the Board of Supervisors these days, as he demonstrated once again yesterday as he tried to present some alternatives to the neoliberal corporatism that has seized City Hall over the last couple years.

Last week, Avalos was the only vote against a pandering proposal by Sup. Mark Farrell to exempt more small businesses from the city’s payroll tax, which is projected to cost the city $1.5 million next fiscal year and $2.5 million the following one, blowing a $4 million hole in the two-year budget that supervisors are now finalizing for approval in two weeks.

Yesterday, as the measure was about to receive final approval on its second reading, Avalos made a motion to delay it until after the fall election when voters may consider a pair of measures to transition from a payroll to gross receipts tax as the means of assessing local businesses. Mayor Ed Lee and Board President David Chiu introduced one measure that is revenue neutral, while an alternative by Avalos would bring in about $40 million per year.

Avalos didn’t have the votes for the long delay, so he got behind a compromise motion by Sup. Jane Kim to delay the measure until July 10 so the Budget Committee can at least factor it into its deliberations. Farrell opposed the move, insisting that “this is about creating jobs now,” despite the fact that businesses couldn’t apply for the exemption until next February.

A spirited debate followed, in which Avalos criticized City Hall’s current penchant for business tax cuts and questioned whether it really creates the jobs its boosters claim. He also noted that it is the multitude fee increases that local politicians have approved in recent years to balance the budget without raising taxes that have become most onerous for small businesses.

“When we were raising fees over the last five years, we were raising taxes on small businesses,” Avalos said, suggesting that rolling back those fees and taxing larger corporations that can afford it is a better strategy for helping small businesses and encouraging them to create jobs.

Eventually, Avalos won the short delay on a 7-4 vote, with Sups. Farrell, Carmen Chu, Sean Elsbernd, and Scott Wiener opposed.

Meanwhile, Avalos managed to place on the fall ballot an increase in the real estate transfer taxes paid on properties worth $2.5 million or more, convincing Sups. Kim, David Campos, and Eric Mar to support the proposal as the 5 pm deadline for at least four supervisors to place measures on the ballot neared. It would raise $16 million and compete with a similar measure by Lee that would raise $13 million through a smaller increase on properties worth more than $1 million.

Avalos also joined Campos and Chiu in opposing final approval for the 8 Washington housing project for the uber-wealthy. On the same 8-3 vote, the board also rejected Chiu’s efforts to allow opponents of the project to circulate referendum petitions without having to lug around a thick stack of all the studies referenced in the project approval.

Chiu appealed to his colleagues to support “citizens of San Francisco exercising the constitutional right to referendum,” but he won few sympathies on a board that these days seems most concerned with the interests of this city’s wealthiest individuals and corporations.

Why do Lee, Chiu, and others want to stifle economic growth?

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Why do Mayor Ed Lee, Board of Supervisors President David Chiu, and San Francisco’s two major daily newspapers want to punish success? Because that’s exactly what their proposal to create a new gross receipts tax for businesses – in which corporations would be taxed more as they grow, thus encouraging economic stagnation – would do.

Right now, the city taxes businesses through a payroll tax, levying taxes based on the number of employees the company has. But under a gross receipts tax that would replace the payroll tax, employees have a disincentive to be productive and efficient and increase their companies’ profits because that would expose those companies to more of the city’s onerous tax burden.

Why would investors and employees want to grow a business in San Francisco when that would only submit them to higher taxes. Clearly, this is anti-business measure that is likely to plunge our local economy back into the depths of the recession. Don’t our leaders understand the need to help this fragile economic recovery?

Okay, okay, in case you haven’t guessed it yet, the previous three paragraphs are satire of the ridiculously overblown and misleading political rhetoric used by Lee and other critics of the city’s payroll tax, which they deride as as “job killer” that makes companies not want to hire new employees.

“Mayor Lee and Board President David Chiu proposed a gross receipts tax as an alternative to the City’s current payroll tax, which punishes companies for growing and creating new jobs in San Francisco,” Lee’s office wrote in a press release it distributed last week.

Yet my argument that a gross receipts taxes “punishes companies for growing” is just as logically sound as Lee’s argument that the payroll tax discourages companies from “creating new jobs” – and both arguments are also complete hyperbolic bullshit. But it’s seductively simple and widely parroted bullshit.

“To attract more companies to San Francisco and encourage existing employers to hire more employees, it is past time to do away with this tax,” our new neighbors down the hall, the editors of the Examiner, wrote in their editorial today, a oft-repeatedly refrain from the Chronicle and SF Chamber of Commerce as well. It later added that switching tax methods “wouldn’t penalize companies for employing people or paying them well. And city policy wouldn’t give employers any incentive to shed employees during a downturn.”

But the reality is that the 1.5 percent payroll tax is too small to really be a factor in the decision by corporations to add new employees, something they are already loath to do unless forced to by rising demand. It is simply one imperfect gauge of the size of a company and its ability to pay local taxes, just as the gross receipts tax is.

Health insurance costs, which Lee’s CPMC deal doesn’t adequate contain, is a far bigger factor in a company’s hiring decisions. So is commercial rent, which Lee’s corporate welfare policies are causing to go up downtown and throughout the city.

For decades, conservatives have tried to sell the general public on bogus trickle down economic theories that we all benefit from corporate tax cuts and that people will simply stop working if you tax them, ideas that should have been discarded as they were discredited. But they’re back with a vengeance, in supposedly liberal San Francisco of all places, actively peddled by key Lee supporters like billionaire venture capitalist Ron Conway, who only recently dropped his Republican party affiliation in favor of declined to state.

But it’s time to call out this voodoo economics for what it is: self-serving bullshit that ought to be rejected by citizens of a city that prides itself as being more educated and enlightened than the rubes in the flyover states that have been so thoroughly manipulated by the Republican Party and Blue Dog Democrats, to the detriment of our entire country.

Now, the Examiner’s argument that the business tax reform proposal would broaden and stabilize the tax base is a sound and meaningful argument, which is why the concept enjoys widespread support from across the ideological spectrum and is worth doing (although progressives rightful argue that if the tax base is being broadened then the city should reap some benefits from that, logic that Lee inexplicably resists).

Yet as the City Hall debates that will shape the details of business tax reform begin in a couple of weeks, it’s time to drop this misleading “job killer” label that has been promulgated by Republicans and other fiscal conservatives over the last decade and have an honest debate over what’s best for San Francisco’s private and public sectors.

Bringing the heat

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On June 13, more than 400 people, mainly from law enforcement and non-profits, gathered for a conference in downtown Oakland’s Marriott Hotel. Outside, a group of angry protesters gave impassioned speeches before trying to enter the hotel. The complex set of issues involved? The conference was organized to discuss tactics for arresting and charging child sex traffickers, but the protesters said that the conference would do nothing but further the state’s harmful impact on the lives of sex workers.

I wasn’t able to attend the conference itself; the Alameda County District Attorney’s office decided at the last minute that press would not be permitted inside. But from the conference’s description and a talk with Casey Bates, head of DA’s Human Exploitation and Trafficking Unit (HEAT), it seemed that the conference was mostly focused on improving efforts to by law enforcement to find people underage people who are having sex for money and prosecute their “traffickers,” a designation not much different than “pimps.”

According to Bates, the HEAT unit has focused on people selling sex on the street and online, and most are from California or nearby states, although he hopes the efforts can expand to people who are trafficked in from other countries.

Under the law, anyone selling sex under 18 years of age is classified as a CSEC- commercially sexually exploited child.

As DA Nancy O’Malley emphasizes on the HEAT unit website, “We have been fighting to shatter the perception of children as prostitutes and criminals undeserving of protection.  These young people are victims of child abuse.”

The sex workers rights movement, organized by people in the sex industry who see their work as legitimate, has largely called for decriminalization of prostitution and other forms of sex work since the movement off in the 1960s, with new concerns in the 21st century. Many groups have argued that police increase the violence in the lives of prostitutes, harassing and arresting them while not taking violence against sex workers seriously. The much older anti-trafficking movement, (or, as it was called at the beginning of the 20th century, anti- “white slavery,”) has many proponents who disagree, saying all prostitution involves some form of coercion. The two movements have a long history of conflict, and on June 13, this dynamic was thrust into the public eye.

Policing the problem

This conference was described as “comprehensive event designed to enhance the capacity of law enforcement and practitioners to combat commercial sex trafficking of children (CSEC).” 

“Of course we support refuges, housing, and other services for these children,” said Rachel West, an organizer with US Prostitutes Collective. “Why aren’t the police focused on that instead of spending hours on the net looking for women, or going out on the street doing street sweeps?”

But US Prostitutes Collective, part of the International Prostitutes Collective, which has been campaigning for decriminalization of prostitution since 1975, didn’t organize last week’s protest. This time it was Occupy Patriarchy, an Occupy Oakland affiliated group.

Occupy Oakland has not been shy about calling out police behaviors, from infamous incidents like the tear gas-heavy offensive on the Occupy Oakland camp last fall to shootings of local teenagers. The HEAT Conference, which was organized by the DA’s office and played host to law enforcement from across the country, was no exception.

“Whose inside this conference?” said one demonstrator who spoke during a 20-minute speak-out in front of the hotel that afternoon. “61 official speakers are law enforcement agents, DA workers, or politicians with anti-sex worker reputations. 39 speakers are individuals or representatives of non-profits. The vast majority of these work directly with law enforcement or politicians to criminalize sex workers. Where is the voice of the sex workers?” 

“What we find disturbing as anti-capitalists and anti-authoritarians is these police who, to sex workers, are oppressing us,” Clarissa McFaye, one of the demonstrators, told me in an interview. “We know that police are a very violent, fearsome presence in the lives of all sex workers, and we feel the only way that we can abolish child trafficking and exploitative forms of labor, which is all labor in actuality, is to abolish the police state.”

“They think working to enforce criminalization isn’t going to help child victims of sexual slavery. We know they exist, but we don’t feel this is a solution. We don’t think enhancing the ability to arrest people is a solution,” said McFaye.

“We really appreciate a lot of the effort that some of the non profits are doing,” McFaye continued, “We want to talk to them and form a sense of camaraderie with them and tell them that we don’t need the cops. We don’t want them. They’re bad for us.” 

Sex workers rights groups have long spoken out about police treatment of prostitutes. Stories of police harassing sex workers, going through with sexual acts while undercover before making prostitution arrests, and demanding sex in exchange for letting an arrest slide are fairly common. As McFaye told me, “they’re condoning child trafficking because they make deals with pimps.”

“Not to mention that hella cops are tricks,” she added.

Pimps and traffickers, children and minors

The HEAT Unit’s website lists 237 charges and 160 convictions made by the unit between 2006 and 2011. The statistics include trafficking as defined by California Penal Code Section 236.1, California’s Human Trafficking Statute. But they also include charges and convictions for pimping and pandering, sexual assault, kidnapping, and burglary, and the website specifies that “these statistics do not differentiate between child and adult victims, though the majority of HEAT victims are minors.”

The anti-trafficking statute defines a human trafficker as “Any person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of ” one of several anti-pimping, pandering, and solicitation Penal Code violations.

This includes Penal Code section 266 which defines a pimp as someone who, knowing another person has commercial sex, “lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution.” 

But for Bates, “The way a pimp-prostitute relationship works is the pimp takes 100 percent of the cash.”

I brought up the pimp question with Cyd Nova, harm reduction services coordinator at San Francisco’s for sex workers-by sex workers health clinic, the St. James Infirmary.

“I know a lot of street-based sex workers who are totally independent,” said Nova. “Some do split their money with pimps or managers.”

Nova also said pimping’s legal definition can often have questionable consequences. “Legally that would be most peoples partners, children, friends.”

“I have met sex workers who have had their partners charged under pimping codes, which was not their relationship with that person,” Nova told me.

Many “pimping” relationships fall somewhere in between “peoples partners, children, and friends” and “the pimp takes 100 percent of the cash.” Sex workers, a criminalized class, often experience violence from both pimps and clients- but fear for their own consequenes if they report the crimes. I asked Bates his opinion on granting immunity from prostitution charges or a person who comes forward to report all too common violations committed against sex workers like rape, assault and theft.

“We do this all the time in the context of other types of crime that we work with. If it’s a murder, we may be willing to negotiate with our witness to determine whether or not is appropriate to give immunity for the person to testify against this other person, in exchange they won’t be prosecuted for the crime that they committed.”

But Nova said that striking that deal can be a major problem.

“One thing that is an issue for people forced into the industry is they are unable to receive services until they agree to testify against their trafficker. This doesn’t work for the majority of people, and it’s a major issue when you’re talking about services for trafficking victims,” he said.

At the St. James Infirmary, “We have people who have been in situations where they feel that they wanted to leave, but are not willing to bring criminal charges against the person,” he continued.

Nova also described a distinction between the terms “child” and “minor.”

“People have choices in how they use their bodies, and that includes youth. We are living in a world where sometimes people have to choose options that are not ideal,” he said. 

McFaye painted a similar picture, saying that “sex work is a form of work that all genders do sex work can make a lot more money than other options.”

“It allows me to do my political work as well as work a few times a week, instead of working at McDonalds. When I was 17 years old I tried to get a job, couldn’t find anything but shitty house cleaning jobs. Then some sex workers I knew showed me the ropes, and my life’s been a lot better ever since,” she said.

I described a similar situation, in which a minor chooses prostitution to make desperately needed money or escape an abusive situation, to Bates. “There are going to be people that make that claim,” he responded. “There’s no doubt about it. Part of the phenomenon is that a lot of people that are being abused, when they’re being abused, don’t even realize that they’re being abused. That’s a big issue,” said Bates. “People have made the claim, they did what they had to do in a difficult circumstance, and they don’t really see themselves as being a victim of crime. And what I’m suggesting is, that’s not uncommon, it’s part of the victimology actually.” 

He added, “I’m speaking specifically to people that are being trafficked. What you described doesn’t sound as much like a trafficking situation.”

But the law doesn’t allow for that kind of nuance. 

“That is a clear distinction that we want to draw. This is focused on commercial sexual exploitation of children,” Bates said. “When you become 18, you’re given a set of rights and you’re treated differently under the law.”

Solutions

The HEAT Unit’s model is unique, and if the conference has its intended consequences, it may be replicated throughout the country.

For minors that the HEAT unit identifies as CSEC, “The goal is to try to stabilize them, to figure out what services they need, what situation they came from and figure out how we can get that child back on track,” Bates told me.

“Sometimes, that requires that we detain them for a period of time so we can figure out what services are necessary. That’s somewhat controversial, because some people say that’s not appropriate. We believe that it’s in the interest of these girls initially, to figure out what’s necessary. That to turn them back on the street means to turn your back on them, period.”

Many sex workers’ rights groups, however, argue for antoher solution entirely- decriminalization of prostitution. Part of the argument for decriminalization is that sex workers would feel more comfortable coming to police with reports that they are their colleagues had been victims of crimes like rape, assault or theft. 

As Nova said, “California is currently using anti-trafficking federal funds to target all sex workers. They say, if we arrest a bunch of sex workers, some of them are going to be trafficked. This has not proven to be very effective, whereas decriminalization would result in people, who are in coercive work situations, feeling more comfortable coming forward and asking for help.

“They need an evaluation of what kind of practices are going on and what results they’re turning out,” Nova said. “A study where they have conversations with people who have been arrested and detained and talk about what their life was like, what was detrimental and what was beneficial.”

For some of the more anarchist-leaning protesters, however, the police should play no role in the solution.

“What we think would help is if we as sex workers come together is if we come together and combat this exploitation,” McFaye told me.

I asked if there was anything the police could do.

“No,” said McFaye. “They can turn in their badges. That’s what they could do.” 

When the sex workers’ rights movement took off in the ’60s, they joined the debate that had been going on surrounding prostitution and policing for a century. The movement continues- and on Wednesday, a distinctly anti-capitalist side of it made noise. These groups may be piping up more, as the Californians Against Sexual Exploitation (CASE) Act, which would increase funding and resources for policing sex traffickers, goes to the ballot this November.

Guardian voices: The zombie condo converters

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What is the shelf life of  a really bad public policy concerning housing in  San Francisco?

When it comes to condo conversions of existing rent controlled apartments, the answer is that there is no limit on how many times this bad idea is taken off the shelf. Like a bad summer zombie movie, this undead keeps  walking, no matter what San Franciscans say.

A little history.  In 1982 Supervisor Willie Kennedy, not a bomb-throwing tenant advocate by any stretch, sponsored legislation that limited the  conversion of existing apartments to condos to no more than 200 a year. The measure did not touch new constriction, allowing unlimited condominium construction. Indeed, from 1983 to 2000, some 12,200 new condos were built, an average of some 680 units a year. Since 2000, nearly 100 percent of all new residential constriction is built as condos; there is no limit on renting a condo, but an annual limit in converting an existing apartment. Clearly, condos are a tenure type of housing that is dramatically expanding.

The reason Kennedy and the at-large elected Board of Supervisors voted for the annual limit was to protect rent-controlled apartments, a type of housingthat can’t be expanded. San Francisco’s 1978  rent control ordinance exempted all new construction from being under rent control. So rent-controlled apartments were a fixed number — all apartments built before 1978 — banned by law from ever being expanded. 

Yet those apartments are the largest number of affordable housing units available to moderate and middle income households. Thus, there’s a rational desire to preserve them by a public policy that limits their conversion to condos because they are declining in numbers.

And San Francisco voters understand and support this very rational policy.

In 1989, realtors and speculators tried to overturn the annual limit, proposing a measure that said if 51 percent of a building’s existing tenants voted for a conversion, then the building could be converted with no annual limit. This proposal laid out a future of a Hobbesian society here in San Francisco with one set of well-to-do tenants fighting another set of less-well-off tenants, building by building. San Francisco voters defeated the measure 63-37.

But in the land of the living dead condo converters, no is never the answer.
 
In 2002, Gavin Newsom, Tony Hall and Leland Yee, Plan C, and the Chamber of Commerce placed another measure on the ballot to repeal the annual limit. It too, was  rejected: 60 percent voted no, and 40 percent yes. The measure was defeated in all of the supervisorial districts except  Newsom’s D2, Tony Hall’s D7, and Leland Yee’s D4.

Tenant and affordable housing advocates were not unmoved by the desire of tenants, especially in privately owner rental housing facing Ellis Act and TIC evictions, to seek the protection of home ownership. In 2008 they supported an amendment to the Subdivision Code carving out from the annual limit conversions of apartments by nonprofit, limited equity housing
co-ops.

Now were are confronted again by a desire to allow more conversions of rent controlled units by private buyers who bought into the TIC dodge around the annual condo conversion limit.

Since TIC’s do not require a sub-division map, creating legally recognized separate units, they became “grey market” condos. With hot mortgage money flowing during the bubble, TIC owners could get financing. Now, banks are actually following some laws and will not lend to buy a legally grey TIC.  Thus the move to get them converted to legal condos.
 
This is, in its most basic form, yet another bailout caused by speculative capitalism. We seem to no longer believe in the market as an economic system, in which bad economic decisions result in economic loss for the folks involved. We now seem to believe in the “market society” — in which those with money get to keep it no matter what bad decisions they make.

What this is all about is not really homeownership but about home sales. After all, if you have a TIC you already have a home. You want to convert it to a condo not to live in, but to sell. To make it easier to sell TICs would make it harder to sell the thousands of already approved but stalled new condos.

Mayor Lee administration want to stimulate these stalled condo developments, claiming they will create constriction jobs. The Farrell and Wiener condo conversion plan undercuts these efforts and, of course, will create no jobs for anyone but realtors and moving companies.

This is called a “contradiction of capitalism,” when one set of capitalists seek, to the disadvantage of another group of capitalists, to get the government to intervene on their behalf.  But it does prove once again that Lenin was right when he said that one could count on one set of capitalists to compete with each other to sell rope to hang another set.

It’s really bad economic policy, and even worse housing policy.

Beach daze with buzzing brother act Wildlife Control

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What would it be like if a day of your life was filmed then released into the wilds of the web? Better yet, what if you and your brother were musicians, and you produced, directed, and released your first big, innovative music video – shot over a full day at Ocean Beach in San Francisco – and it ended up going viral on Youtube, before the release of a full-length album?

Well, your band Wildlife Control would be a rather buzzed about act. And it would leave the people wanting even more (debut EP Spin was released this March). Brothers Neil and Sumul Shah, hailing from a rural Pennsylvania town – now based in Brooklyn and San Francisco respectively – spent a day in early February filming said music video for their new single “Analog or Digital” on a windswept beach, using a unique combination of time-lapse and stop-motion techniques.

In the video, it appears that the background is moving faster than real time, while the band’s movements are stagnant, choppy, like a slow-moving slideshow; it creates an effect that looks their feet are closely hovering over the sand.

This effect was created by a series of more than 3,000 individual photographs. The process was tiring for the brothers, holding the poses for such a long stretch of time, “We got really stiff” laughed Sumul during a conversation at Cafe Mediterranean in Berkeley.

Wildlife Control’s sound is far from rigid, it’s based in breezy pop – poppy enough to appeal to mainstream audiences – and layered with rock’n’roll riffs, and some jazz influences. There are layers to peel back with each listen, more depth than initially meets the ear.

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

“We grew up in a whole family of musicians, Sumul reflected. “Our parents both imparted the importance of music from an early age. They wanted us to dive deep into it. Our dad is a trained classical Indian musician.” In fact, he plays Tabla on their future full-length release. “Music was all around, all the time; from an early age we always heard good music.”

Sumul added that – along with that family of musicians – he was also inspired by teachers, other artists, and inspirational folk with a clarity of vision, ticking off a list that included Steve Jobs, the Beatles, and Johann Sebastian Bach.

“When we would go with our friends in their parents’ minivan, I didn’t get what they listened to. The cheesy kids’ music was just not what we were exposed to in our family,” he laughed. “There is a necessity to some extent to have music appropriate for kids, but I don’t believe they should need their own weird kids’ music. A child can appreciate music like the Beatles.”

While the brothers grew up surrounded by music and have been playing together for some time, they’ve just barely dipped their toes in the modern world of viral music videos. With the “Analog or Digital” video, they made a concerted effort to capture their personalities.

“We thought, what better way to do it then to film an entire day to ourselves, and then compress that down into the three minutes of the song,” Sumul said. “Certain aspects of it were very planned out, but otherwise we just wanted to have fun and be ourselves.”

The song is anchored by a steady drum line, and the story-telling of the lyrics instantly create a potential for nostalgia; the musical bridge adds a dramatic flair that makes the song all the more memorable.

“It’s interesting that it went viral; all we really want is to make music for anyone who wants to hear it and be exposed to it.”  Sumul said. “To live in an age where we can get so much fan response amazes us,” adding, “we totally live in the future and we love that.”

Wildlife Control
With Coast Jumper
Mon/18, 8pm, $13
Brick and Mortar Music Hall
1710 Mission, SF
(415) 800-8782
www.brickandmortarmusic.com