Mayor

“One powerful newsroom” pulls back from its San Francisco roots

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Locally focused journalism in San Francisco took another big hit today with the announcement that The Bay Citizen — which was founded by the late Warren Hellman in 2009 specifically to augment declining reporting on San Francisco and the Bay Area — is being folded into Center for Investigative Reporting [Updated below].

When the two entities merged last year, Bay Guardian and others raised concerns that local accountability journalism in San Francisco would suffer and that the strong donor base that Hellman developed to support Bay Citizen was being used to support CIR, whose board is chaired by former San Francisco Chronicle Editor Phil Bronstein, who engineered the deal.

“It’s exciting for us to be able to address what has been a vacuum in San Francisco for a long time,” CIR Executive Director Robert Rosenthal, addressing the need to strengthen local coverage, told us last year.

But today, in an upbeat press release and blog post announcing The Bay Citizen’s demise entitled “One Powerful Newsroom,” Rosenthal seems to dismiss the importance of San Francisco City Hall coverage and other locally based reporting in justifying CIR’s flip to a more national focus.  

“We know that as long as we are telling the right stories – the stories that no one else is covering, the stories that reveal deeply hidden information, the stories that actually make a difference in people’s lives – it doesn’t matter if they are about San Francisco or Sacramento or Washington, D.C.,” wrote Rosenthal, who has not yet returned our call to discuss the issue [see below].

For anyone who cares about journalism and accountability in San Francisco, where wealthy interests have essentially partnered with the Mayor’s Office on an ambitious agenda that is changing the face and future of the city, it does matter where reporters focus their time and energies.

CIR Editorial Director Mark Katches also wrote today that in addition to less coverage of San Francisco, the merged organization will do fewer overall stories: “First and foremost, we have rededicated ourselves to high-impact investigative reporting – stories that matter. We’ve largely stopped covering routine stories and breaking news, which got in the way of this core mission. Last year, we generated about 1,000 stories. By choice, we expect to produce about 200 stories this year. But the stories we go after will be the ones we think can make a difference.

“The newsroom will also rethink the scope of its coverage: Last year, about 95 percent of the stories generated out of this newsroom were either focused on the Bay Area or the state of California. That left a small fraction of our work focused on national or international issues or produced in a way that would appeal to an audience outside California’s borders,” wrote Katches, who also hasn’t yet returned our call (we’ll update this post if and when we hear back from Rosenethal and Katches).

While it’s always good to have more quality journalism focused on national and international issues, San Francisco needs more accountability journalism, not less, particularly when the Chronicle newsroom has been decimated and the stories that its reporters are doing are now stuck behind an online paywall, further reducing readership.

That dearth of San Francisco-based reporting is why Hellman created The Bay Citizen, as he told me while he was conceiving the concept and shortly after it was created. “It will focus on local news events, including politics and the arts, the kind of thing that is just dying at the Chronicle,” Hellman told me.

And now, just as we feared, two of the Chronicle editors who oversaw that demise — Bronstein and Rosenthal — are killing off the once-successful local newsroom that was created to shine a critical light on what’s happening in San Francisco and around the Bay Area.

We certainly wish CIR well and we hope that this “one powerful newsroom” will continue to devote some reporting resources to San Francisco, as they did most recently in exposing radioactive contamination at Treasure Island. But this is still a sad day for the Fourth Estate in the rapidly evolving city of St. Francis.

Update: Rosenthal just got back to me and expressed the hope that San Francisco won’t suffer from this latest move: “We’re going to continue doing what we hope will be stories that make a difference in San Francisco and the Bay Area.”

But as a longtime newspaper editor who also values local reporters working beats to hold powerful people and entities accountable and to inform local citizens about issues that affect them, Rosenthal said that he understands the Guardian’s concerns.

“I love beat reporting, and yes, beat reporting will suffer,” Rosenthal said, decrying the newsroom cutbacks in communities across the country. “At the same time, we’re the only news organization, if you can call us that, in the country that has been adding staff in the last five years.”

Rosenthal emphasized that there were no layoffs during last year’s merger or as part of this current move, and in the always challenging modern media environment, he said the question he wrestles with is: “How do we keep the whole organization alive?”

Rosenthal also said CIR plans to expand its investigative reporting on the technology industry and its impact on San Francisco and other cities, which should benefit the need for accountability journalism here.

“We don’t want to abandon the Bay Area or the Bay Area media,” he said, citing recent coverage of Bay Area pedestrian deaths as an example the kind of stories that can make a difference locally.

As for Hellman’s vision of The Bay Citizen as a local news outlet, Rosenthal said, “It evolved.”

Legalize it–All of it

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Tomorrow is election day in Los Angeles and beyond the biggest race (for mayor between a pair of dull left of center bureaucrats of whom the less said is better), the most important ballot measures are three that, in varying degrees, are used to restrict the explosion and proliferation of Cannabis Clinics, “pot clubs”, “Chronicatoriums” (OK, I made that one up) or whatever you’d care to call them. Naturally, the most popular of these, according to polls, is the measure that would severely restrict the number of such venues as they are the classic NIMBY, filling up Southern California’s mini-malls with stoners disinclined to buy anything else from whatever shops are there. Which, regardless of what moral trepidation is claimed by shopkeepers, is the source of their objection, as the Brains or Cyndi Lauper could tell you, money does change everything.

That this is restraint of trade in the extreme is an understatement but given the nature of “medicinal marijuana”, what do you expect? While it is true that marijuana does have valid medical use for glaucoma, nausea from chemo, insomnia and some forms of nerve pain, the only reason this half measure exists is as the gateway to the drug’s eventual legalization. As the case with any “moral scourge”, once it is plainly obvious that the world isn’t gonna end because people toke up and enough marginally interested voters switch their positions as a result (see the companion issue “marriage, gay“), end of laws. Which is why I’ve always seen medicinal marijuana as a crock of undiluted crap in the first place–the drug, in fact all recreational drugs, should be legal for adults period. Not incrementally and yes, all of them.

For the weed, that is inevitable and has happened already in Colorado and Washington state (with some restrictions). Marijuana is not seen as a dangerous drug, not responsible for overdoses, not anywhere near as physically addiciting (if at all) as the presently legal alcohol, nicotine or caffeine. While it’s true that some of the affectations that go along with it can be somewhat inexplicable (see “bands, jam“), they tend to be harmless and as is, the legalization of the drug is a slam dunk (or should be). This isn’t exactly a radical idea and does have an unusual array of proponents.

In reality, all recreational drugs should be. Even the “bad” ones. First of all as “bad” as hard drugs are supposed to be, the laws that govern the punishment for their use are far worse, more life destroying, costlier and have made the US the world’s number one prison state. Secondly, despite being illegal and punishment for same being draconian, people still seem to do lots of them at the danger of their health and well being–yet, when heart disease and diabetes are the first and seventh causes of death in the US, there is no similar call for imprisonment for either overeating, sedentary lifestyle or the injection of corn syrup into processed foods which lead to both–seems absurd. And yes–one does have to eat to live, one doesn’t have to eat everything!

It’s true–tweakers are gross, crackheads are whacked and junkies are thieving, scheming troublemakers. But banning their jollies hasn’t changed any of this. What they do is illegal and they still do it–in the case of the narcotic addict, simply giving them the drugs they want plus clean supplies for injection ends their stealing and severely reduces HIV/HCV transmission. As far as the other drugs go, were they legal, they would not be brewed in a bathtub or in a clandestine lab and have the kinds of impurities that wreak misery on them and (as is the case with heroin/opiate addicts) simply giving them their drugs ends the street crime that goes along with it. Most importantly (but generally unknown to non users), once the stigma of “criminal” is gone, the positive effect is two fold–people that want to seek treatment can do so without stigma and much more importantly, the badge of perverse honor that goes with being an outlaw/renegade dope fiend a la Charlie Parker, Keith Richards or Johnny Thunders is history. Junkies are resourceful, cunning people, but it’s no fun to be a junkie when all you do is go to a clinic, fix and nod out all day.

But because our Puritan roots suggest that all “bad behavior” (as if self-medicating is such a thing) can be stamped out with enough force, none of this will ever come to pass, I fear. It is (no pun intended) Johnny’s pipe dream. And I have no personal stake in this–I haven’t had a drink or rec. drug since Reagan was president, the USSR extant and indie rock any good. The binary thinking which leads to “drugs bad, must be eradicated” is what keeps the prison complex alive and well and the murderous Mexican drug cartels in business. Get rid of the “well-intentioned” laws and both disappear. However, my faith in the common sense of people died long before my sobriety was born, sad to say. 

 

 

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

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

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

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

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

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

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

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

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

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

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

-sigh-

Now get back to work!

Can’t a guy even smoke crack in peace any more?

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Okay: Yes, it’s really funny that the mayor of Toronto, who is an odd guy at best, was apparently caught on a cell-phone video sucking on a crack pipe. Insert jokes here. Go ahead.

It reminds me, since I’m very old, of the last crack-pipe mayor, Marion Barry, who in 1990 fell into an FBI sting when a former girlfriend invited him to her hotel room to have sex. Turns out she was an FBI informant, and when she suggested they get high before getting into bed, the fibbies caught Barry on a secret camera. Didn’t do much to harm his career — he served six months in jail and was soon re-elected mayor.

In Ford’s case, it’s hard to see how he’d even get arrested. I don’t know Canadian law, but a videotape of someone smoking out of a glass pipe isn’t legal evidence of cocaine posession (hey, it could have been medical marijuana). At this point, there really isn’t a crime. But already, there are calls for him to resign, and it’s going to be hard to put this behind him.

The interesting twist, though, is that the person who filmed him wasn’t a cop at all; it was someone else in the room, quite possibly a dealer, who was looking for a big cash score. Which could be coming — Gawker is trying to raise $200,000 to pay for the clip. (Yes, you can chip in and help crowd-fund the further embarassment of a politician!)

Now, it’s pretty likely that the person with the camera wasn’t a good-government crusader or an anti-drug type. What happened here, it appears, is someone who is either selling crack or smoking it with Hizzoner then gets into not-quite extortion or blackmail (though he might have called Ford before putting it out on the open market) but certainly a setup of another kind.

I’m not advocating that the mayor of Toronto (or anyone else) smoke crack. It’s nasty shit. But isn’t it just a tiny bit creepy that you can’t even sit in a crack den without worrying that you’re going to star in a Gawker video?

What if instead of smoking crack he’d been fucking a woman (or a guy) he wasn’t married to? Would Gawker raise $200,000 to see a mayor having consensual sex outside of Holy Matrimony? (Eeew, I don’t want to see Rob Ford having sex, but you get the point.)

I’m sorry, trolls, but I have to admit that (like pretty much everyone I know) I have done things in my life, in the privacy of my own or someone else’s home, that I don’t think should be public (crack smoking, for better or worse, not being one of them). Never hurt anyone, so it’s my fucking business. And it’s kind of creepy to think that anyone in the room could be filming me now, for all of posterity. 

From now on, folks, hide the crack pipe.

 

 

The Ro Khanna party

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When Ro Khanna, a young, energetic intellectual property lawyer, ran for Congress against Tom Lantos, he was the candidate of the progressives. I liked Khanna, and appreciated his willingness to take on the almost unheard-of task of challenging a longtime incumbent in a Democratic primary. At that point, in 2004, the big issues were the war and the PATRIOT Act, and Khanna was against both. Lantos, who was always hawkish on defense issues (and a die-hard supporter of Israel, no matter what the Israeli government was doing), was clearly out of touch with his district. But Khanna never got much traction, and he lost pretty badly.

Now he’s back, in a new era of top-two primaries (which has its own problems), and in a different district. He’s taking on Mike Honda, who, like Lantos, has been around a while, and hasn’t faced serious opposition in years.

And this time around, it’s not Matt Gonzalez and the left supporting Khanna — it’s Lite Guv Gavin Newsom, who beat Gonzalez for mayor of SF, along with Ron Conway and the tech industry. And  instead of talking about failed US military policies, he’s talking about bringing the interests of Silicon Valley to Washington:

“The premise of this campaign is quite simple,” Khanna told the crowd. “We’ve had quite brilliant people…use technology to change the world. And it’s time that we actually change politics, that Silicon Valley has the potential to do this.” “It’s not just about having a tech agenda. This is about something much deeper — our values, and our ability to use those values to change Washington and the world,” he told them.

Now: It’s not as if Mike Honda has been horrible to Silicon Valley. He’s been involved in all sorts of tech-related issues. But he’s of a different generation, and however stereotypical it may be to say it, there’s a certain level of ageism in the tech world right now. Honda is old; the wealth in the tech world is overwhelmingly young. Politico notes:

Khanna’s decision to take on Honda also reflects a long-standing frustration among many young California pols who have been patiently waiting for older members to exit the state’s congressional delegation. Last year’s induction of an independent redistricting committee and a jungle primary system in which the top two finishers in an open primary advance to the runoff regardless of party affiliation, helped push many senior members into retirement.

Oh, and Honda is very much a pro-labor guy. And tech firms are almost never unionized, and their owners and workers don’t tend to have the same sympathies for labor unions as young activists did 20 years ago.

Politico doesn’t give Khanna much of a shot; it’s going to be a tough battle. Honda’s been around the district forever, and has no apparent scandals or gaffes (and unlike poor Pete Stark, he doesn’t seem to be losing his marbles).

But money talks, and Khanna’s got a lot of it — and in some ways, this will be a new-money-v.-old-Democratic Party, tech v. labor kind of battle that will say a lot about where Bay Area politics are going as the region’s population, and wealth, are dramatically and rapidly changing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ultimate zero

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rebecca@sfbg.com

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

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

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

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

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

 

 

ANOTHER AFFLUENT CITY

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

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

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

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

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

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

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

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

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

 

 

SF’S TRASH PIT

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

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

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

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

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

Randy Shaw just loves Capitalism

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

Seriously:

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

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

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

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

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

 

 

The Chron discovers the lack of waterfront planning

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

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

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

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

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

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

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

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

 

Supes worry about 8 Wash shit show

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The Chronicle seems to have entirely missed the latest installation in the 8 Washington shit show, but the Ex has the story, and, even if it doesn’t mean the project is in the toilet, it’s given opponents another reason to flush it.

Could I possibly use any worse metaphors?

Sups. David Campos and David Chiu are unhappy that city agencies — possibly fast-tracking a project that the mayor’s pal Rose Pak really loves — may not have been fully forthcoming about the fact that there’s a chance the construction (or the shifting of ground after the project is complete) could crack a sewage line that serves about a quarter of the city.

Here’s what makes me nervous:

During construction, liability to pay for damage after a pipe rupture would be on the developer. Simon Snellgrove of the Pacific Waterfront Partners has long fought to build the 134-unit condo development, even hitting the streets himself to try to hamper the signature-gathering effort by the development’s opponents to place the referendum on the November ballot.
Once all the units are sold, damage liability would shift to the homeowners.

What does that mean? It means if there’s a catastrophic sewage rupture after construction is complete, there will be lawsuits aplenty over who is at fault and who pays — and in the meantime, the taxpayers will fork over the money to keep the effluvium out of the streets. Which could be (I’m sorry, can’t help it) a shitload of money.

That, and the fact that the city is willing to let some very serious concerns slide in the name of building condos for the richest of the rich who won’t even really live here most of the time.

More SF restaurants settle with the city over fraudulent employee health surcharges

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City Attorney Dennis Herrera today announced another batch of settlements with restaurants that have been fraudulently using surcharges on customers’ bills to cover their city-required employee health coverage and using some of that money to simply pad their profits.

Seventeen San Francisco restaurants that took advantage of Herrera’s partial amnesty offer — settlements are half of what the violators should owe, based on voluntarily submitting records by last month’s deadline — will be paying tens of thousands of dollars each to the employees’ they ostensibly collected the money for, joining two other restaurants that had settled with the city earlier this year.

Among this latest batch of restaurants is Burgermeister, whose $134,088 settlement is the largest of this group; and Burma Superstar, whose $10,045 is the smallest. Other restaurants paying up as part of the settlement are 5A5 Steak Lounge, Amber India, B Star, Bix, Cafe Bellini, Calibri Mexican Bistro, Citizen’s Band, Cafe Flore, Fresca, MarketBar, Nob Hill Café, Press Club, Skool, Tony’s Pizza Napoletana, and Venticello Ristorante.

In total, Herrera’s office has recovered about $844,000 that will be split among about 1,500 employees.

Another dozen restaurants suspected of misusing the surcharges were given a clean bill of health: Bluestem Brasserie, Cafe Claude, Cupola Pizzeria, Firefly Restaurant, Gitane Restaurant and Bar, Lark Creek Management LLC, Lark Creek Steak, NOPA, One Market Restaurant, Plant Cafe, Ristobar, and Twenty Five Lusk.

There are still more than 30 restaurants that responded to the amnesty offer that remain in negotiates with Deputy City Attorney Sara Eisenberg, with more settlements expected in the coming weeks and the possibility of lawsuits being filed against restaurants that won’t settle.  

The full press release follows:

 

 

Restaurant workers net $844K restitution in 19 surcharge enforcement settlements so far

Herrera praises good faith efforts by restaurants ‘to do right by their employees’; announces ‘clean bills of health’ for 12 other establishments targeted in investigation

SAN FRANCISCO (May 8, 2014) — City Attorney Dennis Herrera today announced settlement agreements with 18 local restaurant businesses that voluntarily took part in his office’s surcharge enforcement and amnesty program, which seeks to remedy shortfalls between amounts collected from customers to cover the cost of complying with San Francisco’s universal healthcare law, and funds actually expended to provide health care benefits to employees.  Together with an earlier settlement announced in January, Herrera’s restaurant surcharge enforcement effort has now netted a total $844,644 to be distributed among approximately 1,500 eligible employees by 19 different companies.

The program announced in January included a one-time 50 percent amnesty offer for establishments with significant shortfalls — provided they fully cooperate with city investigators; agree to good faith compliance with the employer spending requirement of San Francisco’s Health Care Security Ordinance moving forward; and directly compensate their current and former employees who were the intended beneficiaries of the surcharges paid by customers.  All agreements announced today resolve potential disputes with the City over collected surcharges without admissions of liability.  

“I commend these businesses for working cooperatively with us so early in the process, and for understanding our duty to enforce the law even-handedly,” said Herrera.  “Today’s settlements reflect good faith efforts by restaurant owners and managers to do right by their employees, and to honor the intent of fees charged to their customers.  I recognize that complying with groundbreaking programs like Healthy San Francisco can sometimes present new and unique challenges.  So, I’m grateful to these businesses for their cooperation in reaching settlement agreements with us.  I’m glad to continue patronizing these establishments, and I hope other San Franciscans and visitors will join me in doing so, too.”

Some of the 19 establishments that reached settlements under the program include: 5A5 Steak Lounge, Amber India, B Star, Bix, Bugermeister, Burma Superstar, Cafe Bellini, Cafe Flore, MarketBar, Mina Group, Nob Hill Cafe, Patxi’s Chicago Pizza (announced in January), Press Club, Skool, and Tony’s Pizza Napoletana.

Twelve establishments receive ‘Clean Bills of Health’ following investigation
Herrera also announced that 12 businesses targeted for investigation on the basis of the health care expenditure shortfalls they reported to San Francisco’s Office of Labor Standards Enforcement had received “clean bills of health.”  Recipients of such letters were informed by Herrera’s office that after extensive review of additional evidence provided in the course of the City Attorney’s investigation, surcharge-related consumer fraud did not appear to have been committed during the relevant time periods.  In most instances, shortfalls reported to OLSE by businesses that received “clean bills of health” were attributable to their inadvertent reporting or accounting errors.

Establishments so far issued “clean bills of health” are: Bluestem Brasserie, Cafe Claude, Cupola Pizzeria, Firefly Restaurant, Gitane Restaurant and Bar, Lark Creek Management LLC, Lark Creek Steak, NOPA, One Market Restaurant, Plant Cafe, Ristobar, and Twenty Five Lusk.

Surcharge Fraud Enforcement Program background
Herrera announced the program at a City Hall news conference on Jan. 25 with Assemblymember Tom Ammiano, Supervisors David Campos and David Chiu, and representatives from San Francisco restaurants and the Office of Labor Standards Enforcement.  Ammiano first authored legislation in 2005 as a member of the Board of Supervisors that would ultimately lead to the City’s Health Care Security Ordinance, or HCSO, which passed in 2007 with policy input from then-Mayor Gavin Newsom.  Board President Chiu and Supervisor Campos have both been active in subsequent proposed amendments to strengthen and improve the law.  In launching the enforcement and amnesty program, Herrera lauded the Golden Gate Restaurant Association for working productively to share its helpful input, even after years of legal disputes over the law that ultimately ended in the U.S. Supreme Court.  

Status of enforcement efforts and investigation
In addition to the establishments involved with today’s announcement, more than 30 other businesses applied for Herrera’s amnesty program before the April 10, 2013 deadline.  The City Attorney’s Office expects a significant number of additional settlement agreements in the coming weeks, pending further analysis of surcharge funds that establishments collected and expended over the relevant time period.    

Herrera’s one-time offer of 50 percent amnesty has now expired, and the favorable settlement terms are no longer guaranteed to non-participating establishments with significant shortfalls between health care-related collections and expenditures.  Announcing his enforcement and amnesty program in January, Herrera said that restaurants and other businesses found to have committed HCSO-related surcharge fraud during the years 2009 to 2011 that failed to come forward before the deadline voluntarily would risk being sued for full restitution of the amount of surcharges collected during that period, together with potentially substantial penalties, costs and attorneys’ fees.  A small number of defiant, non-participating businesses remain under consideration by the City Attorney for further enforcement action or litigation.

“For restaurants that haven’t yet come forward, it’s still very much in their interest to do so voluntarily,” Herrera said.  “I can’t guarantee the same favorable terms reflected in today’s settlements, but cooperative engagement is better and more cost-effective than lawsuits.”  

Will SF’s new broadband infrastructure be controlled by the city or Google?

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Board President David Chiu is calling for San Francisco to add to its broadband fiber network every time a contractor or utility tears up a street, joining other cities in expanding high-speed Internet capacity. But will this new network be a municipal utility or corporate-controlled? An upcoming hearing he has called for could begin to answer that question.

“In the 21st century, cities need access to affordable, high-quality broadband to compete economically, just as access to water, electricity, roads or railways was critical in the 20th century,” Chiu said in a public statement. “We see other cities like Austin, Kansas City and Santa Clara making enormous strides.  My proposal will ensure that San Francisco does better in this area.”

But Austin and Kansas City have opted to take the easy path and let Google install and control the system, which raises a variety of questions and problems that are highlighted “Kansas City Gives it up for Google,” in the current issue of Harper’s Magazine, which looked at how KC is letting corporate interests trump the public interest.

“According to its contract, Kansas City must give Google access to its underground conduits, fiber, poles, rack space, nodes, buildings, facilities, and available land. It cannot charge the company for ‘access to or use of any city facilities . . . nor will it impose any permit and inspection fees.’ And what does the city get in return? It has no say in the pricing of Google’s services, nor can it ensure that Google will deliver fiber-optic service to all of the city’s residents. Google’s offices, meeting spaces, and showroom are provided free of charge, and the city pays the company’s electric bill. The mayor, moreover, is barred from commenting on Google’s activities without the express permission of Google,” the magazine writes.

Chiu is building his proposal from a report that then-Sup. Tom Ammiano commissioned years ago, calling for the city to build a network of fiber as it opens up the streets. Now, Chiu is trying to implement that idea with legislation and an upcoming hearing on the issue, but right now he’s agnostic on whether that network is owned by San Francisco or a corporation that it might contract with.

“My legislation doesn’t dictate who lays the fiber, it just ensures that it happens,” Chiu told the Guardian, although he did add that he’s “more intrigued that it could be the public sector.”   

The Harpers article discusses how public utilities have succeeded in delivering reliable, cost-effective services to millions of Americans since the 1930s when FDR began to use government to deliver electricity to rural areas that lacked it, drawing parallels to the 100 million Americans now who lack access to high-speed Internet service. But the federal government seems to be encouraging corporations to do the work this time, and they’re more than happy to oblige.

“Why does Google feel so at home in Kansas City—rather than in, say, California, where the company is based? Why not build their first citywide fiber-optic network in a nearby community? According to Google vice president Milo Medin, the company has preferred to steer clear of such pesky statutes as the California Environmental Quality Act. ‘Many fine California city proposals . . . were ultimately passed over in part because of the regulatory complexity here,’ Medin told a congressional committee in 2011. ‘In fact, part of the reason we selected Kansas City for the Google Fiber project was [that] the city’s leadership and utility moved with efficiency and creativity in working with us to craft a real partnership,’” the article says.

Yet with Google in charge, the company is only guaranteeing access to neighborhoods where a minimum number of residents pre-register and pay for premium service, redlining out many African-American neighborhoods and forcing community members to go door-to-door essentially selling Google’s services.

And in the end, the corporation will make gains even if it loses money on the project, as the article concludes: “So why would an Internet-search company want to spend a fortune to install fiber-optic cable in Kansas City, Missouri, and neighboring Kansas City, Kansas? Freedom from regulatory headaches is one part of the equation: if such networks are the wave of the future, the time to jump in is now, before legislative oversight can ruin the party. But another explanation might be the treasure trove of user-behavior information that such a network represents. Data of this kind is so prized that a company like Google can afford to give away other services for free, as long as this beneficence opens up new markets. In Kansas City, low-income subscribers to the company’s slower, ‘free’ Internet option will be giving Google details about each URL they visit, even if their accounts remain anonymous. And customers who plunk down $120 a month for the ‘Full Google Experience’ will have their television-viewing habits individually tracked by Google’s data-mining elves. Is this a reasonable bargain? For Kansas City, it’s too late to ask. But history—and the success of municipally owned fiber-optic projects throughout the country—strongly suggest that we should look this gift horse in the mouth.”

Food for thought as San Francisco contemplates whether it wants to build public infrastructure or simply facilitate more corporate infrastructure.

Nice to know our tech friends aren’t paying taxes

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

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

Only the little people pay taxes.

How SF politics (and journalism) really works

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

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

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

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

Alvarez denied to investigators that ever happened.

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

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

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

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

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

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

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

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

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

 

 

 

Bike hot spots

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steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

Why the PG&E settlement is lame

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One of the factors that the state regulators took into account when they decided how much PG&E should be fined for the San Bruno blast was the company’s financial situation — that is, how much of a fine could the utility “safely absorb.” That’s the first sign that something screwy is going on here.

If I run a red light, the traffic court doesn’t ask how much of a fine I can “safely absorb.” A crook who embezzles money not only has to pay the money back, but suffer a financial penalty that can greately exceed what he or she can afford. A murderer doesn’t get to go before a judge and say, gee, two years in prison is all I can “safely absorb.” That’s not how it works.

PG&E is a giant company that has a guaranteed annual rate of return exceeding ten percent on everything it spends. It’s shareholders are large investment banks and stock funds. Its executives are very well paid. And gross negligence — that is, intential mismanagement at the level of criminal activity — on the part of the company led to the deaths of eight people and the destruction of an entire neighborhood.

The penalty ought to be MORE than the company can “safely absorb.” It ought to be enough to make shareholders wonder whether PG&E is a good investment. It ought to really, really hurt PG&E.

Instead, the CPUC staff is just telling the company to spend $2.25 billion doing what it should have been doing all along, and needs to do anyway: Fix the pipelines.

Sure, that money will come from profits, not from the ratepayers. But again, as the mayor of San Bruno pointed out on KQED’s Forum this morning, PG&E, as a regulated monopoly utility, has a guaranteed rate of return — and can borrow money at less than half that rate. The company reported revenues of $15 billion and profits of $830 million for 2012. PG&E seems to have plenty of money to fight CleanPowerSF and offer its own “green energy” program for less than the city will charge — and that’s guaranteed to be a money-loser, covered by some of those profits.

The CPUC ought to order the company to fix the pipes — then assess a fine high enough to wipe out all profits for, say, five years, which is how long it’s going to take San Bruno to fully repair the damage and recover from the explosion.

That would be a suitable “punishment.” Would it drive PG&E into bankruptcy? No — lots of companies operate with little or no profit margin these days. Let the killer utility cover its costs, do its job, pay its employees … and nothing more. The staff report is scathing; the penalty sounds stiff. But it’s not going to send enough of a message.

 

Condo bypass legislation now before the full board

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

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

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

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

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

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

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

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

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

The warriors arena: How are you going to get there?

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The Warriors and the all-star lineup of nearly every political consultant in town launched a new public relations offensive this week with the release of a new, spiffy set of drawings and a rewritten plan for a waterfront arena. And opponents of the project pretty much shrugged and said: So, what?

Sure, it looks nicer than it did before. Sure, there’s a pedestrian walkway around the arena. Yeah, there’s glass on the inside that will give spectators a nice view of the Bay. Oh, and there’s room for a cruise ship terminal, to give the whole thing a veneer of maritime use.

But the problems with this project have never been the architecture of the 12-story structure or the inevitably dubious links to the water. “The design was never the point,” Randy Shandobil, a spokesman for the Waterfront Alliance, told us. “Is this the best place to put a big arena?”

The new plan calls for a slightly smaller arena — 125 feet high instead of 135 — with slightly less retail space and seating inside. The glass sides will not only allow fans to look out, but allow people walking around the outside to view in and see something going on inside. The scoreboard will probably be visible; the actually play on the floor less so.

The visuals presented by the architects, Snøhetta and AECOM, indicate that the arena will perch on a large pad raised significantly above the level of the current Piers 30-32. From the ground level, the arena looks like a giant flying saucer, taller than AT&T Park, that’s plopped down below the Bay Bridge.

Craig Dykers, a representative of the architects, told a Board of Supervisors committee May 6 that the arena will fill a need for some sort of project along the open stretch of waterfront from the Ferry Building to AT&T Park. His presentation made it sound as if that undeveloped area was by nature a blight; thousands of joggers, walkers, bicyclists and people enjoying the unimpeded views of the Bay might disagree.

In fact, the project will change more than the two piers; it will create a busy residential and commercial shopping district that will increase foot and vehicle traffic even when there are no games or concerts scheduled.

This is, by any standard, a very different project from what the Warriors first proposed back in November, 2012. That’s why the Waterfront Alliance is asking that the scoping sessions for the environmental impact report on the project ought to go back to square one.

No matter what you think about the design, or the views, or the impact on the city’s priceless waterfront, there’s a problem that’s glaringly obvious, and Sup. Scott Wiener made the point very clearly:

This absolutely has to be a transit-first arena. There’s no way that part of the city can handle even half of the 5,000 cars that have been counted at the Warrior’s current home, Oracle Arena in Oakland. And much of that impact is going to fall on the subway, or light-rail vehicle system.

“It absolutely has to have good LRV service,” Wiener said.

The problem: “Our current system is not even meeting our current needs. I have a lot of constituents who say, when there’s a Giants game you just don’t take the subway because there’s not going to be any capacity. We’re close to a breaking point now, even past it. and our ten-year capital plan puts to the side most of Muni’s unmet capital needs.”

Jennifer Matz, the Mayor’s Office point person on waterfront development, said she agreed with Wiener. “I recognize this challenge,” she said. “There needs to be more of a holistic approach.”

But Wiener wasn’t backing down. Adding the capacity that will be needed to serve the new arena, and the new Giants development, and the new residents moving into the waterfront neighborhood, is not going to be cheap. “Where,” he asked, “is the money going to come from?”

Peter Albert, who works for the Municipal Transportation Agency, is looking into the number of passengers that will be riding Muni — and BART, and Caltrain — and the capacity those systems plan to add. But he had no answer to Wiener’s question.

That’s because there is only one answer: The taxpayers will have to come up with something in the range of a billion dollars to solve Muni’s capacity problems in the next few years — or else the developers will. And right now, there’s not a lot of political will at City Hall to ask for either.

Don’t vent, organize and “primary” a Democrat near you

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By Norman Solomon

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” He writes the Political Culture 2013 column.

Progressives often wonder why so many Republican lawmakers stick to their avowed principles while so many Democratic lawmakers abandon theirs. We can grasp some answers by assessing the current nationwide drive called “Primary My Congressman” — a case study of how right-wing forces gain ground in electoral terrain where progressives fear to tread.

Sponsored by Club for Growth Action, the “Primary My Congressman” effort aims to replace “moderate Republicans” with “economic conservatives” — in other words, GOP hardliners even more devoted to boosting corporate power and dismantling the public sector. “In districts that are heavily Republican,” the group says, “there are literally dozens of missed opportunities to elect real fiscal conservatives to Congress — not more ‘moderates’ who will compromise with Democrats. . .”

Such threats of serious primary challenges often cause the targeted incumbents to quickly veer rightward, or they may never get through the next Republican primary.

Progressive activists and organizations could launch similar primary challenges, but — to the delight of the Democratic Party establishment — they rarely do. Why not?

Here are some key reasons:

*  Undue deference to elected Democrats.

Members of Congress and other elected officials deserve only the respect they earn. All too often, for example, plenty of Congressional Progressive Caucus members represent the interests of the establishment to progressives rather than the other way around. 

*  Treating election campaigns more like impulse items than work that requires long-term planning and grassroots follow-through.

The same progressives who’ve spent years planning, launching and sustaining a wide range of community projects are apt to jump into election campaigns with scant lead time. Progressives need to build electoral capacity for the long haul, implementing well-planned strategic campaigns with candidates who come out of social movements and have a plausible chance to win on behalf of those movements.

*  Assuming that millions of dollars are necessary to win.

Yes, successful campaigns require effective fundraising — but money is often a less significant obstacle than a shortage of commitment and willingness to do painstaking grassroots organizing.

*  Self-marginalization by ignoring elections.

Some on the left prefer to stay out of electoral contests while focusing on the next protest demonstration — thus leaving the electoral field to battles between corporate Democrats and Republicans. One sure result: a progressive won’t win.

*  Self-marginalization with third-party efforts in partisan races.

In congressional races, Green Party and other progressive third-party candidates have a zero record of success in our lifetimes. In other races with party affiliations also on the ballot (such as governor and state legislature), victories have been almost nonexistent. In such races, the corporate-military complex is not in the slightest threatened by third-party candidates, who rarely get higher than a low single-digit percentage of the vote. In nonpartisan races, by contrast, there are examples of successful and uplifting campaigns by third-party candidates, as with Green Party member Gayle McLaughlin, the mayor of Richmond, California. 

By changing just a few words in the Club for Growth’s “Primary My Congressman” manifesto, progressives have a road map for electoral progress: In districts that are heavily Democratic, there are literally dozens of missed opportunities to elect real progressives to Congress — not more of those who go along with the Obama White House as it keeps compromising with Republicans.

Anyone serious about getting genuine progressives elected to Congress next year should be engaged in developing campaigns now. To avoid the impulse-item syndrome, that means identifying key races where progressives have a real chance to win, while remaining mindful that election campaigns should be subsets of social movements and not the other way around.

If there’s a defining issue that now separates the Obama party leadership from social decency, it is the president’s push to cut Social Security benefits. Less ballyhooed but also crucial is his push to cut Medicare benefits and the ever-present danger of cuts to already woefully-underfunded Medicaid. Meanwhile, Democratic leaders are unwilling to seriously cut the enormous military budget.

Any incumbent Democrat who is not serving progressive interests should be weighed as a possible primary target. And the most fruitful primary challenges are beckoning in heavily Democratic districts where there are many progressive voters and incumbents aren’t measuring up.

By that standard, the Congress members who may be vulnerable to a primary challenge include the 44 who tout their membership in the Progressive Caucus but have refused to sign the letter (initiated by Congressmen Alan Grayson and Mark Takano) promising not to vote to cut Social Security, Medicare or Medicaid benefits.

A good starting point to consider launching a primary challenge in your area would be to look at those 44 members of Congress who continue to refuse to make such a promise, leaving themselves wiggle room to vote for cuts in three crucial programs of the social compact. To see the list of those self-described “progressives,” click here. (Meanwhile, wherever you live, you can let your Congress member and senators know what you think of proposals for such cuts by clicking here.)

It’s fair to say those 44 members of Congress are among the many Democratic incumbents showing themselves to be more afraid of the Obama White House and the Democratic Party hierarchy than they are of voters in their own districts. Progressives in and around those districts need to do less venting and more organizing.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” He writes the Political Culture 2013 column.

   

A win for the tenants

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EDITORIAL In a stunning victory, tenant advocates have managed to derail a terrible piece of condo-conversion legislation — and replace it with a compromise that actually improves the current situation and could help slow the wave of speculative evictions.

The supervisors need to support the revised version of the bill — and if Mayor Lee wants to have any credibility at all with tenants, he needs to sign it.

For some 30 years, San Francisco has had a strict policy limiting the conversion of rental apartments to condominiums. Only 200 units a year get permission, through a lottery.

But thanks to the popularity of tenancies in common (a backdoor way around the limit) and the state’s Ellis Act, which allows landlords to evict all their tenants and sell the units as TICs, there’s now a long waiting list.

TIC owners say it’s unfair that they have to accept (somewhat) higher mortgage payments and reduced value on their homes because the wait for a conversion permit has grown to ten years or more. Real-estate speculators see huge profits in clearing buildings of long-term tenants with rent-controlled apartments and selling the places as TICs.

When Supervisors Scott Wiener and Mark Farrell first proposed allowing more than 2,000 tenancy-in-common units to bypass the lottery, tenant advocates began organizing to defeat the bill. Nobody thought a compromise was possible — particularly when the landlord-backed Plan C refused to negotiate in good faith and look for a solution everyone could accept.

But with the help of Supervisors Norman Yee, Jane Kim, and David Chiu, the tenants were able to craft a deal that clears up the backlog — and then prevents any further conversions for at least a decade. That’s fair: If the limit is 200 a year, and TIC owners want to clear up a backlog of 2,000 all at once, a ten-year moratorium makes sense. The tenant package also bars conversion of any buildings with more the five units and includes more protections for existing tenants.

If this proposal is really about helping TIC owners who face a long and uncertain time on the conversion list, then the compromise ought to be fine — and indeed, many TIC owners support it. The real-estate speculators who want to see evictions continue at a rapid pace hate it — this would make TICs less appealing and less valuable. But that’s fine: Buying a TIC has never been, and should never be, based on a future promise of condo conversion. And if this slows down the horrifying epidemic of evictions and displacement, it will be a very positive change.

Wiener and Farrell didn’t accept the compromise, but it was amended into their legislation anyway. The new version will come before the supervisors May 7. The supervisors should see this for what it is — greedy speculators against everyone else — and vote yes.

The vultures of greed

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A small but enthusiastic crowd marched through the Castro April 20 to bring some attention to the rash of Ellis Act evictions that are forcing seniors and disabled people out of the city. The activists stopped at the home of Jeremy Mykaels, whose plight is symbolic of the state of housing in San Francisco today. Mykaels insists he’s not a public speaker, but his remarks were poignant; we’ve excerpted them here:

I have AIDS and I am being evicted through the use of the Ellis Act. I want to welcome you to my home for the past 18 years, and to my Castro neighborhood where I’ve spent the last four decades, or two-thirds of my life.

I was there at some of the earliest Gay Pride Parades and Castro Street Fairs, listening to speakers like Harvey Milk and seeing entertainers like Sylvester with Two Tons ‘O Fun and Patrick Cowley. I proudly voted for Harvey to become the city’s first openly gay supervisor. I participated in the fight against the Briggs amendment, which would have outlawed gay teachers in California schools. I walked in the candlelight march honoring the lives of Harvey Milk and Mayor Moscone after their assassinations by Supervisor Dan White. And I’ve been here for many other protests and for many other celebrations.

And like most of you, I’ve seen how HIV and AIDS have devastated this community over the years and I have lost most of my closest friends and lovers to this disease. Until 12 years ago I thought I had somehow miraculously escaped it’s clutches, but that was not to be and I have been dealing with that reality as best as I can ever since, with mixed results. And now on top of the great losses this disease has cost our gay community, even more losses are occurring in the form of more and more long-term tenants with HIV/AIDS living in rent-controlled apartments being forced to move out of their homes and/or out of the city after being evicted through the use of the Ellis Act, or who have been scared and bullied by just the threat of an Ellis eviction into accepting low buyout offers to vacate.

I had always thought that I would spend the rest of my life living in this neighborhood and city that I love. Now I know that, like so many others before me who found themselves in similar situations, I will have no choice but to move out.

Tech boom 2.0 has brought out what I call the Vultures of Greed, a de facto alliance of banks, the real estate lobby, and, whether unwittingly or not, city officials like the mayor and several supervisors and the Planning Commission. But the worst Vultures of Greed have been the real estate speculators, many of whom I have listed on my website.

And here I would like to call out my own personal vultures as a prime example of how uncaring real estate speculators can be. The new owners of this property are Cuong Mai, William H. Young and John H. Du, and their business entity is 460Noe Group LLC, based in Union City. These are truly callous individuals who knew from the very beginning that they had a person with AIDS living in the building, and soon after they bought the place they began threatening me with an Ellis eviction if I didn’t accept their low-ball buyout offer and vacate. On September 10th, 2012 they subsequently Ellised the building and served me with eviction papers which means that I will only have until September 10th of this year to legally occupy my apartment. All these men want is the highest profit they can get after they remodel and re-sell this building. They could care less what happens to me when I am forced to move out of the city and no longer have access to all my HIV specialists who have kept me alive for this long. A prospect I’ll admit that, yes, scares me. But these guys, they won’t lose even a seconds sleep over my fate.


Yes, the Vultures of Greed are soaring high with sharpened talons ready to feed upon our city’s seniors and disabled, and on what’s left of our already decimated San Francisco gay community. But we don’t have to allow it. Together with our growing number of allies, we can change minds and we can eventually reclaim this city from the Vultures of Greed.

BTW, we couldn’t reach Mai, Young, or Du, and their lawyer, Saul Ferster, did not return a call seeking comment.

Ammiano’s on a roll

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Willie Brown, the former mayor and current unregistered lobbyist, has been trying to undermine Assemblymember Tom Ammiano for years. But take a look at two Ammiano bills this spring and you get a sense of how effective San Francisco’s veteran representative can be.

On April 23, the state Assembly Judiciary Committee passed Ammiano’s Homeless Bill of Rights, 7-3. That wasn’t easy; he had to amend the bill and work the committee hard. The League of California Cities, which has a lot of clout in Sacto, doesn’t like the bill; neither does the California Chamber of Commerce. This is a big deal; the bill would ban most “sit-lie” laws and guarantee everyone the right to use public space.

Then the Pubilc Safety Committee approved his marijuana regulation bill, 5-2 (despite Brown and Co. trying to screw it up). And his Domestic Workers Bill of Rights , which the governor vetoed last year, is headed for likely approval at the Labor and Employment Committee.

There’s still a long road ahead for all of these bills — more committees, Assembly floor, Senate, and then the guv (and who the hell knows where Jerry will be on anything these days). But it’s possible that, in his final term, Ammiano could have several landmark bills approved.

(Yeah, it’s his final term. Six years is all you get in the Assembly. Crazy what terms limits has wrought. The minute you get to the point where you really know how to do your job, and you can truly deliver for your constitutents, they shove you out the door.)