Mayor

Guardian editorial: The real Mirkarimi question

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EDITORIAL After more than five months of legal and political wrangling, after criminal prosecution and a guilty plea, misconduct charges that are costing both sides hundreds of thousands of dollars, and lengthy hearings at the Ethics Commission, the case against Ross Mirkarimi comes down to a simple question: Do you believe Eliana?

Because if you believe Eliana Lopez, and, tangentially, Linette Peralta Haynes, and take the testimony the two women have given under oath as credible, then the entire prosecution turns into something between a misguided disaster and a mean-spirited political vendetta.

That’s what the Ethics Commission and the Board of Supervisors need to consider as they decide Mirkarimi’s fate.

The way Lopez tells the story, Mirkarimi was never a wife-beater (as Mayor Ed Lee insisted). He didn’t have a history of physical violence or abuse. He grabbed her arm during an argument, and left a bruise. Inexcusable, for certain, but not necessarily a sign of serious assault — Lopez testified that she bruises so easily that just playing around with her three-year-old son can leave marks on her.

Lopez says that she made the infamous video purely as a tool to keep around in case the couple divorced and Mirkarimi attempted to use his status as a US citizen, whose son was born in the US, to gain custody of the child. She thought at the time that her neighbor, Ivory Madison, was a lawyer who would keep the video confidential. She testified that she never wanted to go to the police — and never felt afraid of or threatened by Mirkarimi.

She and Haynes also testified very clearly that Mirkarimi never even came close to trying to discourage witnesses from coming forward, to dissuade anyone from telling the truth to the authorities or in any way to try to interfere with a police investigation. That’s consistent with all of the phone and text records.

The sheriff pleaded guilty to misdemeanor false imprisonment, and that alone, the mayor argues, should be grounds to kick him out of office. But let’s remember: It’s common to plead to a crime you didn’t commit in order to avoid a trial on a more serious charge. Nobody really thinks Mirkarimi imprisoned his wife. The plea was the result of a deal that allowed him to keep his right to carry a handgun (necessary for his job) and to prevent all of this nastiness from coming out at a domestic violence trial at which a guilty verdict would have ended his career. (Although given Lopez’s dramatic testimony, it seems likely to us he might well have been acquitted.)

The primary witness on the mayor’s side is Ivory Madison, the couple’s neighbor, whose 22-page written statement was so full of hearsay and irrelevant information that the Ethics Commission tossed nearly all of it out.

Is it possible for someone who copped to a misdemeanor to remain in an office of public trust? Former Sheriff Mike Hennessey, who was a big fan of rehabilitation, thinks so — and it seems a stretch to say that Mirkarimi’s guilty plea, in and of itself, is grounds for removal.

No: The only way the commissioners and the board can reasonably call this official misconduct, and credibly determine that the sheriff is unfit for his job, is to dismiss the Lopez testimony and accept Madison’s competing narrative — one based on second-hand stories never subjected to cross-examination.

Lopez has an interest in her husband keeping his job (although she’s probably better off financially living in Venezuela and making movies). But it would have been hard for the two of them to conspire on her version of the story; Mirkarimi has been forbidden by court order from talking to his wife since February. And they have consistently given very similar accounts of the events.

If the commissioners and the supervisors agree with us — and we found Lopez the most believable witness to come forward in the entire affair — then there’s only one way to vote. And that’s to dismiss the official misconduct charge and restore Ross Mirkarimi to office.

Antonini, quarterback for development interests, wins the game

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If there was any doubt about the loyalty to developers of Planning Commissioner Michael Antonini, he put them to rest yesterday shortly after finally winning reappointment to a fourth, four-year on a 6-5 vote by the Board of Supervisors. Afterward, in comments to Examiner reporter Joshua Sabatini, Antonini likened his role on the commission to that of a successful football team’s quarterback.

“You want to knock out the quarterback for the other team,” Antonini said. “It’s a tribute in a way – backhanded.”

The five supervisors who opposed Antonini – Sups. David Chiu, John Avalos, David Campos, Eric Mar, and Jane Kim, the board’s most progressive members – seemed to understand that Antonini saw himself playing for the developers and big corporations that see San Francisco mostly as a place to make money, even at the expense of eastern neighborhoods and the city’s long-term interests.

The voting record of this Republican dentist – an elected member of the San Francisco Republican County Central Committee who advocates for right-wing causes (such as crackdowns on the homeless) and candidates – makes clear which team Antonini plays for, and it isn’t the same team as the vast majority of people in San Francisco, where Republicans constitute less than 10 percent of the electorate.

It says a great deal about the corporatist politics of Mayor Ed Lee for re-appointing him, as well as the politics and integrity of the swing votes, Sups. Malia Cohen and Christina Olague, the Lee appointee now running for election in District 5, one of the city’s most progressive districts.

Both supervisors mouthed meaningless platitudes and justifications for their votes, but in reinstating the developers’ quarterback just as the progressives were about to remove him from the game, one wonders what team they’re playing for – or whether they even understand the dimensions of the game they have unexpectedly found themselves playing.

But Antonini clearly understands. And despite the ridiculous statements that Cohen and Olague made about holding him “accountable,” Antonini now has four more years to continue leading a team that is rapidly gentrifying San Francisco, making it more inviting to the Google-busers and Twitterati and their landlords, but less so for the average teacher, clerk, and social worker.

Compromise measures

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news@sfbg.com

San Franciscans are poised to vote this November on two important, complicated, and interdependent ballot measures — one a sweeping overhaul of the city’s business tax, the other creating an Affordable Housing Trust Fund that relies on the first measure’s steep increase in business license fees — that were the products of intense backroom negotiations over the last six months.

Mayor Ed Lee and his business community allies sought a revenue-neutral business tax reform measure that might have had to compete against an alternative proposal developed by Sup. John Avalos and his labor and progressive allies, who sought around $40 million in new revenue, although both sides wanted to avoid that fight and find a compromise measure.

Meanwhile, Mayor Lee was having trouble securing business community support for the housing trust fund that he pledged to create during his inaugural address in City Hall in January. So he modified his business tax proposal to bring in $13 million that would be dedicated to the Affordable Housing Trust Fund, but that didn’t satisfy the Avalos camp, who insisted the city needed more general revenue to offset cuts to city services and help with the city’s structural budget deficit.

Less than a day before the competing business reform measures came before the Board of Supervisors on July 24, a compromise was finally struck that would bring $28.5 million a year, with $13 million of that set aside for the affordable housing fund, tying the fate of the two measures together and creating a kumbaya moment at City Hall that was reminiscent of last year’s successful pension reform deal between labor and the business community.

But there was one voice raised at that July 24 meeting, that of Sup. David Campos, who asked questions and expressed concerns over whether this deal will adequately address the “crisis” faced by the working class in a city that will continue to gentrify even if both of these measures pass. Affordable housing construction still won’t meet the long-term needs outlined in the city’s Housing Element that indicates 60 percent of housing construction would need public subsidies to be affordable to current city residents.

It’s also worth asking why a business tax reform measure that doubles the tax base — just 8.4 percent of businesses in San Francisco now pay the payroll tax, whereas 16.4 percent would pay the gross receipts tax that replaces it — doesn’t increase its current funding level of $410 million (the $28.5 million comes from increased business license fees). Some industries — most notably the technology and restaurant industries that have strongly supported Mayor Lee’s political ambitions — could receive substantial tax cuts.

Politics is about compromise, and Avalos tells us that in the current political climate, these measures are the best that we can hope for and worthy of progressive support. And that may be true, but it also indicates that San Francisco will continue to be more welcoming to businesses than the working class residents struggling to remain here.

 

SOARING HOUSING COSTS

As Mayor Lee acknowledged during his inaugural speech, the boom times in the technology industry has also been driving up commercial and residential rents, he sought to create “housing for the 100 percent.”

The median rent in San Francisco has been steadily rising, jumping again in June an astounding 12.9 percent over June of last year, according to real estate monitor RealFacts, leaving renters shelling out on average an extra $350 a month to landlords.

Driven by a booming tech industry and a lag in new housing, the average San Francisco apartment now rents for $2,734. That’s an annual increase of $4,000 per unit over last year, in a city that saw the highest jumps in rent nationally in the first quarter of 2012. Even prices for the average studio apartment have edged up to $1,800 a month.

The affordability gap between housing and wages in the city is stark. Somebody spending a quarter of their income on rent would need to be making $85,000 a year just to keep up with the average studio. With a mean wage of $64,820 in the San Francisco metro area, even middle class San Franciscans have a difficult time affording a modest apartment. For the city’s lowest paid workers, even earning the country’s highest minimum wage of $10.25 an hour, even devoting every earned dollar to rent still wouldn’t pay for the average small studio apartment.

For those looking to buy a home in the city, it can be a huge hurdle to put aside a down payment while keeping up with the city’s high rents. Almost 90 percent of San Franciscans cannot afford a market rate home in the city. The average San Francisco home price was up 1.9 percent in June over May, climbing to $713,500, or a leap of $50,000 per unit over last year’s prices.

In the 2010 census, before the recent boom in the local real estate market, San Francisco already ranked third in the nation for worst ratio between income and home ownership prices, behind Honolulu and Santa Cruz.

But as the city leadership grapples to mitigate the tech boom’s effects, the lingering recession and conservative opposition to new taxes have gutted state and federal funds for affordable housing. Capped off last December by the California Legislature’s decision to dissolve the State Redevelopment Agency, a major source of money for creating affordable housing, San Francisco has seen a drop of $56 million in annual affordable housing funds since 2007.

Trying to address dwindling funding for affordable housing, the Board of Supervisors voted 8-2 on July 24 to place the Affordable Housing Trust Fund measure on the fall ballot. Only the most conservative supervisors, Sups. Sean Elsbernd and Carmen Chu, opposed the proposal. Sup. Mark Farrell, who has signaled his support for the measure, was absent.

“Creating a permanent source of revenue to fund the production of housing in San Francisco will ensure that San Francisco is a viable place to live and work for everyone, at every level of the economic spectrum. I applaud the Board of Supervisors,” Mayor Lee said in response.

At the heart of the program, the city hopes to create 9,000 new units of affordable housing over 30 years. The measure would set aside money to help stabilize the ongoing foreclosure crisis and replenish the funds of a down payment assistance program for those earning 80 to 120 percent of the median income.

To do so, the city anticipates spending $1.2 billion over the 30-year lifespan of the program, with a $20 million annual contribution the first year increasing $2.5 million annually in subsequent years. It would fold some existing funding in with new revenue sources, including $13 million yearly from the business tax reform measure. Language in the housing fund measure would allow Mayor Lee to veto it is the business tax reform measure fails.

The board was forced to delay consideration of the business tax measure until July 31 because of changes in the freshly merged measures. That meeting was after Guardian press time, although with nine co-sponsors on the board, its passage seemed assured even before the Budget and Legislative Analysts Office had not yet assessed its impacts, as Campos requested on July 24.

“I do believe that we have to ask certain questions when a proposal of this magnitude comes forward,” Campos said at the hearing, later adding, “When you have a proposal of this magnitude, you’re not going to be able to adjust it for some time, so you want it to be right.”

The report that Campos requested, which came out in the late afternoon before the next day’s hearing, agreed that it would stabilize business tax revenue, but it raised concerns that some small businesses exempt from the payroll tax would pay more under the proposal and that it would create big winners and losers compared to the current system.

For example, it calculated that between the gross receipts tax and business license fee, a sample full service restaurant would pay 69 percent less taxes and a supermarket 33 percent less taxes, while a commercial real estate leasing firm would pay 46.7 percent more tax and a large engineering firm would see its business tax bills more than double.

Board President David Chiu, who has co-sponsored the business tax reform measure with Mayor Lee since its inception, agreed that it is a “once in a decade reform,” calling it a “compromise that reflects the best sense of that word.” And that view, that this is the best compromise city residents can expect, seems to be shared by leaders of various stripes.

 

BACKING THE COMPROMISE

The business community and fiscally conservative politicians have long called for the replacement of the city payroll tax — which they deride as a “job killer” because it uses labor costs to gauge the size of company’s size and ability to pay taxes — with a gross receipts tax that uses a different gauge. But the devil has been in the details.

Chiu praised the “dozens and dozens and dozens of companies that have worked with us to fine-tune this measure,” and press reports indicate that representatives of major corporations and economic sectors have all spent hours in the closed door meetings shaping the complicated formulas for how they will be taxed, which vary by industry.

When the Guardian made a Sunshine Ordinance request to the Mayor’s Office for a list of all the business representatives that have been involved in the meetings, its spokespersons said no such list exists. They have also asked for a time extension in our request to review all documents associated with the deliberations, delaying the review until next week at the earliest, after the board approves the measure.

But the business community seems to be on board, even though some economic sectors — including real estate firms and big construction companies — are expected to face tax hikes.

“The general reaction has been neutral to favorable, and I expect we’ll be supportive,” Jim Lazarus, the vice president of public policy for the San Francisco Chamber of Commerce, who participated in crafting the proposal but who said the Chamber won’t have an official position until it votes later this week.

Lazarus noted the precipitous rise in annual business license fees — the top rate for the largest companies would go from just $500 now to $35,000 under the proposal, going up even more in the future as the Consumer Price Index rises — “but some of it will be offset by a drop in the payroll tax,” Lazarus said.

He also admitted that the new tax system will be “hugely complicated” compared to the payroll tax, with complex formulas that differ by sector and where economic transactions take place. But he said the Chamber has long supported the switch and he was happy to see a compromise.

“I’m assuming it will pass. I don’t believe there will be any major organized opposition to the measure,” Lazarus said.

Labor and progressive leaders also say the measure — which exempts small businesses with less than $1 million in revenue and has a steeply progressive business license fee scale — is a good proposal worth supporting, even if they didn’t get everything they wanted.

“We fared pretty well, the royal ‘we,’ with the mayor starting off from the position that he wanted a revenue-neutral proposition,” Chris Daly, who unsuccessfully championed affordable housing ballot measures as a supervisor before leaving office and becoming the political director for SEIU Local 1021, the largest union of city employees.

Both sides say they gave considerable ground to reach the compromise.

“Did we envision $28.5 million in new revenue? No,” said Lazarus, who had insisted from the beginning that the tax measure be revenue-neutral. “But we also didn’t envision the Affordable Housing Trust Fund.”

Daly and Avalos also said the measures need to be considered in the context of current political and economic realities.

“We were never going to be able to pass — or even to craft — a measure to meet all of the unmet needs in San Francisco,” Daly said. “Given the current political climate, we did very well.”

“If we had a different mayor who was more interested in serving directly the working class of the city, rather than supporting a business class that he hopes will serve all the people, the result might have been different,” Avalos said. “But what’s significant is we have a tax measure that really is progressive.”

Given that “we have an economic system that is based on profits and not human needs,” Avalos said, “This is a good step, better that we’ve had in decades.”

 

THE HOUSING CRISIS

The tax and housing measures certainly do address progressive priorities — bringing in more revenue and helping create affordable housing — even if some progressives express concerns that conditions in San Francisco could get worse for their vulnerable, working class constituents.

“I don’t know if the proposal before us is aggressive enough in terms of dealing with a crisis,” Campos told his colleagues on July 24 as they discussed the housing measure, later adding, “As good as this is, we are truly facing a crisis and a crisis requires a level of response that I unfortunately don’t think we are providing at this point.”

Not wanting to let “the perfect be the enemy of the good,” Campos said he still wanted to be able to support both measures, urging the board to have a more detailed discussion of their impacts.

“I wish this went further and created even more funding for critically needed affordable housing,” Sup. Eric Mar said before joining Campos in voting for the proposal anyway. “I think they need to build 60 percent of those units as below market rate otherwise we face more working families leaving the city, and the city becoming less diverse.”

Yet affordable housing advocates are desperate for something to replace the $56 million annual loss in affordable housing the city has faced in recent years, creating an immediate need for action and potentially allowing Lee to drive a wedge between the affordable housing advocates and labor if the latter held out for a better deal.

Many have heralded the mayor’s process in bringing together developers, housing advocates, and civic leaders to build a broad political consensus for the measure, particularly given the three affordable housing measures crafted by progressives over the last 10 years were all defeated by voters.

“One of the goals of any measure like this is for it to gain broad enough support to actually pass,” Sup. Scott Wiener said at a Rules Committee hearing on the measure.

In the measure’s grand bargain, developers receive a reduction in the percentage of on-site affordable housing units they are required to build, from 15 percent of units to 12 percent. The city will also buy some new housing units in large projects, paying market rate and then holding them as affordable housing — the buying power of which could be a boon to developers while creating affordable housing units.

At its root, the measure shifts some of the burden of funding affordable housing from developers to a broader tax base and locks in that agreement for 30 years, which could also spur market rate housing development in the process.

A late addition to the proposal by Farrell would create funding to help emergency workers with household earnings up to 150 percent of average median income buy homes in the city, citing a need to have these workers close at hand in the event of an earthquake or other emergency.

While some progressives have grumbled about the givebacks to developers and the high percentage of money going to homebuyer assistance in a city where almost two-thirds of residents rent, affordable housing advocates are pleased with the proposal.

“Did we gain out of this local package? Yes, we got 30 years of local funding. We came out net ahead in an environment where cities are crashing. We essentially caught ourselves way early from the end of redevelopment funds,” said Peter Cohen, executive director of the San Francisco Council of Community Housing Organizations.

Without it, Cohen says many affordable housing projects in the existing pipeline would be lost. “This last year was a bumpy year, and we will not be back to the same operation level for a number of years,” Cohen said. “There was a dip and we are coming out of that dip. It will take us a while to get back up to speed.”

The progressive side was also able to eliminate some of the more controversial items in the original proposal, including provisions that would expand the number of annual condo conversions allowed by the city and encourage rental properties to be converted into tenancies-in-common.

With ballot measures notoriously hard to amend, the Affordable Housing Trust Fund measure is a broad outline with many of the details of how the fund would be administered yet to be filled in. If passed, it will be up to Olson Lee, head of the Mayors Office on Housing and former local head of the demised redevelopment agency, to fill in the details, folding what was essential two partnered affordable housing agencies into a single local unit.

But even the most progressive members of the affordable housing community said there was no other alternative to addressing affordable housing in the wings — which is indeed a crisis now that redevelopment funds are gone — making this measure essential.

As Sara Shortt of the Housing Rights Committee of San Francisco told the Rules Committee, “We lost a very important funding mechanism. We have to replace it. We have no choice.”

The comeback king

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arts@sfbg.com

FILM As told in Searching for Sugar Man, the tale of the lost, and increasingly found, artist known as Rodriguez seems to have it all: the mystery and drama of myth, beginning with the singer-songwriter’s stunning 1970 debut, Cold Fact, a neglected folk rock-psychedelic masterwork. (The record never sold in the states, but somehow became a beloved, canonical LP in the closed Petri dish of repression and imminent revolution of South Africa.) The story goes on to parse the cold, hard facts of vanished hopes and unpaid royalties, all too familiar in pop tragedies.

Yet loping into the Sir Francis Drake Hotel in a black suit and teal troubadour’s shirt, guitar slung around his shoulder, the long-haired man in sunglasses known as Sixto Rodriguez by friends and family in his native Detroit seems far from bitter, decades after his hard-to-classify music failed to make an impact on charts then dominated by BJ Thomas and Simon and Garfunkel.

“People who make me mad don’t inspire me — it’s issues. Hate is too strong a passion to waste on someone you don’t like, if you know what I mean,” he mutters, half easygoing ramble and half shy-guy mumble. In the decades since Cold Fact, Rodriguez has channeled the streetwise poetry of his lyrics into a politically active life, attending demonstrations and running for Detroit city council and even mayor at one point, though he’s never won an office.

“Social issues are more interesting to me. I’m about peace and prosperity and the pursuit of happiness — and how about justice?”

His is a curious, complicated conversational mixture of hipster-philosopher whimsy, stream-of-consciousness bohemian spiel, and numbers as hard as cash. The latter inspires the 70-year-old to start to breaking down his appeal in terms of seats sold (5,000 here; 10,000 there), celebrities in the audience (Alec Baldwin was at one recent show), and the money to be had in licensing (the Rolling Stones can charge $100,000 for a song!) — as if he needs to justify his presence with raw data.

Nonetheless, it’s an understandable response. Searching for Sugar Man lays out the ballad of Rodriguez as a rock’n’roll detective story, with two South African music lovers in hot pursuit of the elusive musician — long-rumored to have died onstage by either self-immolation or gunshot, and whose music spoke to a generation of white activists struggling to overturn apartheid.

Opening with the soulful strains of Rodriguez’s unforgettable “Sugar Man” and images of a sunlit drive along the South African coast, the film makes its way to the snowy urban wasteland of the Motor City. Filmmaker Malik Bendjelloul orients himself around the efforts of Stephen “Sugar” Segerman, who wrote the South African CD liner notes for Rodriguez’s second full-length, Coming From Reality (both of Rodriguez’s Sussex albums have since been reissued by Light in the Attic, which is releasing the doc’s soundtrack with Sony Legacy), and music journalist Craig Bartholomew-Strydom, who wrote the story of the search that eventually led Rodriguez’s eldest daughter, Eva, to make contact with Segerman and ultimately Rodriguez’s wildly disconnected fans.

Swedish documentarian Bendjelloul first got wind of Rodriguez’s tale in 2006, from Segerman. “I saw this was an amazing story, but after I heard the album, I thought, what amazing music — it needs an amazing director,” says the filmmaker, sitting across a conference table from Rodriguez. “I didn’t think it would be me. I was nervous that I would screw it up.”

His devotion to the project — which led him to quit his job, pour his savings into the movie, draw his own animation sequences, and resort to filming Super-8-like footage on his iPhone — took him on his own four-year journey.

Rodriguez came to the project in 2008, memorably materializing out of the shadows in Searching for Sugar Man in the window of the house he’s lived in for the last 40 years (and purchased for $100, he swears). He made a living doing demo on construction projects. “I’m from a working class background and that’s what I do,” the musician declares proudly. “I always like to say, ‘Never throw away your work clothes!’ I think it’s good for people to stay active: you can kick a lot more ass if you stay physically fit.”

Of his story’s fairy-tale trajectory, Rodriguez says, “I didn’t believe I was anything in South Africa. In this music business, everybody’s the greatest and latest. Everyone’s a sweetheart. But underneath that, there’s a lot of realism in music. People aren’t as successful as they appear to be. They talk about the wonderful Motown thing, but if you list all the tragedies they had, it wouldn’t be such a pretty picture.”

Still, even one as familiar with the cold facts as Rodriguez can’t deny the power of a great song — and one that he wrote. “This current issue of Esquire magazine has a song of the month: it’s ‘I Wonder,’ a 20-year-old song. The longevity of music amazes me,” he offers laconically, the barest hint of pleasure creeping into his voice. “It can last.” *

SEARCHING FOR SUGAR MAN opens Fri/3 in San Francisco.

RODRIGUEZ

Sept. 29, 9pm, $20

Bimbo’s 365 Club

1025 Columbus, SF

www.bimbos.com

Why should a Republican dentist decide what gets built in San Francisco?

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The Board of Supervisors is almost evenly divided on confirming Mayor Ed Lee’s appointment of Republican dentist Michael Antonini to his fourth four-year term on the city’s powerful Planning Commission. After delaying its decision at each of its last two board meetings, the board is expected to finally decide this Tuesday.

Sup. Malia Cohen appears to be the swing vote between the progressive-to-neoliberal bloc of supervisors that would rather see new blood that is more reflective of San Francisco’s values and priorities, and the board’s moderate-to-conservative bloc that wants to keep Antonini there as a sure vote for whatever developers want (a bloc that strangely includes progressive-turned-mayoral-shill Sup. Christina Olague, a former planning commissioner who said during the July 17 discussion that she doesn’t agree with Antonini’s politics and that more diversity was needed on the commission, but that she’s voting for him anyway while offering this hollow threat: “This may be the last time I’ll support this kind of move that doesn’t support a diverse body.”)

Sup. Sean Elsbernd, who led the charge for Antonini, fairly effectively picked apart some of the vague and misleading “diversity” arguments made by some supervisors who oppose the nomination, a discussion that Examiner columnist Melissa Griffin dramatized in yesterday’s paper. And everyone praised Antonini as a hard worker.

But almost the entire discussion skipped over what should be the main point: Why the hell is San Francisco even considering appointing a Republican dentist with no particular land use expertise to a fourth term on the Planning Commission?!?! Shouldn’t someone else – preferably not a rubber stamp for developers – be given a chance to serve the city? And why isn’t Mayor Lee – whose main political benefactor and economic adviser, venture capitalist Ron Conway, is also a longtime Republican – paying a political price for this ridiculous appointment?

While supportive supervisors praised Antonini as thoughtful and fair, I can’t gauge that for myself because this supposed public servant hasn’t returned my phone calls. But I’m not sure it would have mattered because his voting record shows he is a consistent vote for developers and their interests, as even Griffin acknowledged in an otherwise supportive column.

Board President David Chiu came the closest to telling it like it is when he said, “Every person who has reached out to me from the northeast neighborhoods has asked me to oppose this nominee.” And for good reasons: Antonini is a right-winger who votes against neighborhood interests every single time. Not just neighborhood interests, but city interests as well, as shown by the commission’s approval earlier this year of a CPMC project that was found to have fatal flaws that were then exposed by supervisors.

Elsbernd argued that the board should give deference to the appointing authority, noting that he’s often voted for nominees whose politics he doesn’t agree with, including Olague. And there certainly is some value to have different perspectives on appointed bodies. But when we grant a Republican dentist tenure in shaping what this embattled city will look like for generations, and pretend that his ideology is less important than his work ethic, we make a mockery of the political system that is supposed to reflect the values and interests of city residents.

There goes the SF Democratic Party

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We all knew that the progressives didn’t win a majority on the Democratic County Central Committee, but for a while there it looked as if there might still be a chance to elect someone who isn’t one of the most conservative members of the panel as the chair. But no: Mary Jung, who works for PG&E, now controls the San Francisco Democratic Party.

Jung was elected unanimously July 27, which means the progs realized they didn’t have a candidate who could get a majority. Most of the other leadership roles are from the conservative side of the party. Yes, Alix Rosenthal is second vice-chair, but it’s clear who is going to be in charge of the party — and it’s not the folks who have run it for the past four years.

The slate-card committee, which has the key job of creating and delivering the powerful endorsement card, will be dominated by conservatives, Jung and Tom Hsieh, with only one progressive, Rafael Mandelman. It’s pretty much a train wreck all around.

Samson Wong (who is a good guy) says it’s a new era of civility, which is the same thing we used to say about City Hall (and I agree with him that it’s historic: The mayor, the president of the board and the chair of the party are now Asians). But when civility means you stop fighting (loudly, even if you lose) for things that matter in the name of keeping the peace, I’m against it.

In a press release, the DCCC’s new corresponding secretary, Matt Dorsey, notes that the local party’s priorities this fall are re-electing Barack Obama (who will win California even if the SF DCCC members all take a six-month nap) and restoring Democratic control of the House (which won’t be decided in the Bay Area). No mention of electing progressives to the Board of Supervisors — which is where the local party really matters.

The race to watch will be D1, where incumbent Eric Mar is part of the progressive bloc that lost the DCCC. We’ll see what happens.

 

 

Two calls to investigate SF restaurant surcharges as consumer fraud

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The surcharges that many San Francisco restaurants charge their customers – ostensibly to help cover their employee health care obligations, although in practice it has often just padded their profits – should be investigated by the District Attorney’s Office as consumer fraud, according to Sup. David Campos and San Francisco’s Civil Grand Jury, which recently issued a scathing report scrutinizing the practice.

Campos raised the issue during Tuesday’s Board of Supervisors meeting, calling for a criminal investigation and City Hall hearing. He even questioned whether businesses that have been so hostile to city’s Health Care Security Ordinance – the landmark 2008 measure that created the Health San Francisco universal care program and required businesses to help pay for their employees’ health coverage – should benefit from the tax cuts it would receive under a business tax reform ballot measure the board also considered that day.

“In the restaurant industry, we have an issue that remains unresolved,” Campos said during the business tax debate, after earlier in the meeting calling for the DA “to begin an investigation for fraud against the people of San Francisco by businesses that use this surcharge.”

DA’s Office spokesperson Stephanie Ong Stillman confirmed that the office is looking at the issue: “The Grand Jury report was just released and we are in the process of evaluating the results.”

Mayor Ed Lee last year vetoed legislation by Campos that would have banned the practice and prevented businesses from simply pocketing money from Employer Health Reimbursement Accounts they create to comply with the mandate (federal law bars the city from dictating how businesses cover employee health care) at the end of each year. Lee later signed a watered down version sponsored by Board President David Chiu requiring employers to keep the money in the fund for two years, to let their employees know about the fund on a quarterly basis, and to dedicate surcharge revenue to employee health care.

Rob Black, executive director of Golden Gate Restaurant Association – which unsuccessfully sued the city over the employer mandate and appealed the case all the way to the US Supreme Court – criticized Campos and the Grand Jury, saying they were relying on data from last year and that the situation has improved since Chiu’s legislation went into effect (Chiu told us data collection from his legislation will allow the city to better assess what’s happening).

“Supervisor Campos know this information is based on data that was prior to the new ordinance,” Black told us, acknowledging that many restaurants profited from the surcharges “but that was before the law was changed.” Campos responded by saying the grand jury concluded that the Chiu legislation didn’t go far enough the prevent the abuses, which are tough to detect because they are based on self reporting by the businesses.

The Grand Jury looked at 38 restaurants, of which 25 used the surcharges and 22 use the reimbursement accounts rather than either health insurance or Healthy San Francisco, which health care experts uniformly say are better options for employees. It analyzed data submitted to the city by these 22 restaurants with a total of 1,562 employees, finding that of the more than $2 million earmarked for the health reimbursement funds, just $123,612 was paid to employees and $1.9 million was kept by the employers.

Black said the quarterly noticing requirement in the Chiu legislation is already helping with the low reimbursement rate: “My hope is, and my belief is, we’re going to see significant…improvements in utilization rates in people taking advantage of their benefits, and that’s great.”

The grand jury also looked specifically at the health care surcharges collected by 18 restaurants with almost $64 million in gross revenue. Despite collecting almost $2.2 million in the surcharges it placed on customers bills, they reimbursed their employees for $1.16 million medical expenses and kept the more than $1 million that remained as profits.

Black criticized the grand jury for selectively picking the restaurants in its study and for targetting private sector businesses rather than the public agencies it traditionally investigates. “They’re outside of what the government charter calls for,” he said.

But Mark Busse, the chair of the Grand Jury Health Committee that led the study, told the Guardian that while it’s unusual to look at the private sector, there was a legitimate public policy interest here and its work was approved and overseen by Presiding Judge Katherine Feinstein (who happens to be the daughter of US Sen. Dianne Feinstein, San Francisco’s former mayor).

He also denies hand-picking the restaurants, saying he asked jurors to simply keep the receipts from all restaurants they frequented. While that may not be representative of all restaurants, he said it was a large enough sample to draw some conclusions and that he was more surprised than anyone at their findings.

“I thought our results would be totally different. I didn’t think they would be that abusive, I really didn’t. I thought we would find we have some outstanding restaurants and entrepreneurs,” Busse said, adding that he was alarmed by their actual findings. “It turned our stomachs. It makes us sick. It is not a level playing field. There are legitimate businesses that accept the spirit of the law and are taking care of their employees, but a lot of them aren’t.”

Given that these employees handle the food of city residents, he said that they should get the health care to which they’re entitled. As Busse told us, “The intention of the jury was to make sure the workers are getting health care and the customers aren’t getting deceived.”

7/27 Update: We heard back from the Mayor’s Office, whose Chief Deputy Communications Director Francis Tsang wrote: “Mayor Lee is a strong supporter of the Healthcare Security Ordinance. The Civil Grand Jury surveyed only 38 restaurants and its report restates facts we already know – some businesses add a surcharge and in the past, it was not well regulated.  Working with Supervisors, Mayor Lee strengthened practices effective January 2, 2012 to ensure employees could make better use of the program.  We will know the results in 2013, when we collect and report on 2012 data informed by the new regulations.”

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. 

Perspective and proportion

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steve@sfbg.com

In the eyes of his critics, suspended Sheriff Ross Mirkarimi may never be able to recover from the portrayal by prosecutors and Mayor Ed Lee that he abused his wife, intimidated her with threats to use his power to take custody of their young son if they divorced, and used her and his campaign manager to try to dissuade witnesses and thwart a police investigation.

The tearful video of his wife, Venezuelan actress Eliana Lopez, displaying the bruise on her arm, and the fact that Mirkarimi pleaded guilty to a misdemeanor false-imprisonment charge in connection with the incident are all these critics need to condemn him. Indeed, it was all that Lee relied on when he suspended Mirkarimi without pay and launched unprecedented official misconduct proceedings to remove him from office.

But now that the Ethics Commission has gotten through the substance of its inquiry — and past the tedious work of creating from scratch systems and standards for gathering evidence and evaluating whether it warrants an elected official’s removal by the mayor — the testimony has told a very different story of what really happened.

Accusations of witness dissuasion (which had been one of three original criminal charges Mirkarimi faced before agreeing to a lesser plea deal) and abusing his official position haven’t been supported by any direct evidence or testimony, and as the hearings wore on, Deputy City Attorneys Peter Keith and Sherri Kaiser were looking increasingly vindictive as they fruitlessly pursued those angles with witnesses who seemed credible.

There is also no direct evidence that the abuse was anything more than a moment of frustration and bad judgment at noontime on Dec. 31, when Mirkarimi grabbed Lopez’s arm as she tried to walk away from their heated argument about divorce child custody, and she yanked it away, eight days before his swearing in as sheriff.

Whether that incident and its aftermath meets the City Charter’s broad and untested definition of official misconduct — including “conduct that falls below the standard of decency, good faith and right action impliedly required of all public officials” — will be up to the interpretation of the Ethics Commission, which has now accepted all the evidence that it has deemed relevant and credible. All that remains is the fight over its “finding of fact” at an Aug. 16 hearing and its subsequent recommendation to the Board of Supervisors, which could begin considering the matter in September.

There won’t be an inquiry into whether Mayor Lee committed perjury on June 29, as outside witnesses said he did on two separate issues. The commission July 19 rejected the argument by Mirkarimi’s attorneys that Lee’s alleged lies under oath would cast doubt over his reasons for launching these unprecedented proceedings and the discretionary judgment he exercised. Commissioners decided that was a tangential issue.

In the final hour of the commission’s laborious work in whittling down the voluminous evidence that the city has presented in this case — which both sides and the commission openly acknowledge will likely be considered by the courts as well as the board — it also made deep cuts into the written testimony of attorney Nancy Lemon, a domestic violence expert who drew damning conclusions about Mirkarimi based on how “batterers” typically behave.

That’s been a big part of the city’s case, reducing Mirkarimi down to a two-dimensional batterer whose every action can be predicted by that distinction, from the manner in which he relinquished his weapons to police to the reasons why Lopez has resisted cooperating with efforts to charge her husband with crimes and remove him from office.

Lemon’s testimony was based almost solely on second-hand descriptions of life in the Mirkarimi household in a 22-page written declaration by neighbor Ivory Madison, who was also the only witness that Lee said he spoke to before removing Mirkarimi from office. But most of Madison’s incredible and fantastical narrative — which painted Mirkarimi as a monster who repeatedly abused Lopez and their son and controlled every aspect of their domestic life, right down to what and whether they ate — had already been discredited and disallowed by skeptical commissioners in June.

“I was disappointed by the content of Ivory Madison’s declaration. A first-year lawyer should know that much of it is inadmissible and it should not have been given to us,” Commissioner Paul Renne told Keith in June. Renne called the declaration “clearly hearsay, clearly having the intention of poisoning the well of this hearing.”

Keith apologized and offered little resistance to much of the declaration’s removal, but the city has nonetheless continued to rely on the second-hand accounts of Madison and another neighbor, Callie Williams, in its descriptions of Mirkarimi’s conduct and the questioning of witnesses.

But that hearsay evidence and speculation was countered on July 18 and 19 with the extended cross examination of two key witnesses in the case: Lopez and Mirkarimi campaign manager Linnette Peralta Haynes, a woman with domestic violence training who Lopez reached out to on that pivotal day of Jan. 4 when Madison called the police. Each woman spent more than three grueling hours each on the stand, questioned by city attorneys and commissioners — and they painted a very different portrait of the events than Lee and Madison had.

As for Madison — having had most of her testimony stricken from the record, and with Lopez testifying about Madison’s sudden zeal for going after Mirkarimi and involving his political opponents in that process — Mirkarimi’s team decided not to call her to the stand for live cross-examination. Attorney Shepherd Kopp told reporters, “I think the neighbor’s testimony is suspect at best.”

The go-between

Haynes was central to the city’s allegation that Mirkarimi dissuaded witnesses and sought to thwart a police investigation. Phone and electronic records revealed that she communicated with both Lopez and Mirkarimi many times on Jan. 4, the day Mirkarimi learned that his wife had been confiding with neighbors about the Dec. 31 incident and that Madison had broken that confidence and called the police.

The city’s apparent theory was that Haynes acted as Mirkarimi’s agent in trying to cover up the incident and do damage control, including coaching Lopez on what to say to Madison and Williams.

But the city has never had any evidence to support its theory, and this was its first chance to question Haynes, who had been at the end of a high-risk pregnancy and resisted cooperating with the investigation.

Yet despite Kaiser and commissioners grilling Haynes for more than three hours — twice as long as she had told the commission that she would need — no smoking gun emerged. Haynes seemed calm and consistent as she described giving Lopez emotional support and probing to ensure that she wasn’t in danger. Kaiser fumbled through technical difficulties and maintained an accusatory and belittling tone even as the answers she was receiving seemed to destroy her line of questioning.

“I think the house of cards that mayor has been trying to establish about witness dissuasion was demolished by Linnette Peralta Haynes, who was absolutely credible,” Mirkarimi attorney Shepherd Kopp told reporters after the hearing.

Haynes has a background in domestic violence, undergoing a 40-hour certification training in the mid-90s when she went to work for a domestic violence center in San Mateo for almost two years, then later helping develop and teach a domestic violence curriculum for the jail in San Francisco.

She’s familiar with the Power and Control Wheel — the basis for many of Lemon’s conclusions — which indicates how physical abuse can be connected to other forms of abuse, such as emotional, verbal, and sexual abuse. It was with this background and training that Haynes questioned Lopez about whether she was in danger and being abused when she got an unexpected call on the morning of Jan. 4.

“She let me know she had an argument with Ross and wanted to talk to me,” Haynes said, later answering another question by saying, “She told me she was really worried about custody issues and she was talking to a friend who was an attorney.”

That friend turned out to be Madison, who Lopez maintains had represented herself as an attorney who would keep their conversation and the video they made of her injuries confidential, to be used only in the event of a custody battle. The city has sought to cast doubt on that claim — which the court rejected in Mirkarimi’s criminal case when it admitted the video as evidence — implying that Madison was simply a concerned friend and the attorney argument was developed weeks later.

Haynes said she asked Lopez whether there had been any prior incidents of physical abuse, whether Lopez felt unsafe, and whether she had been subjected to other forms of abuse — defining each form for Lopez — and that she was told “no” to each question.

“I asked if she thought she was in danger and she said no,” Haynes said.

Later on Jan. 4, Lopez told Haynes she had made the video: “She told me a friend had helped me do a video just in case I needed it for custody issues…She did tell me that she really wanted to work on her marriage, that she wanted to make to make it work, but that just in case she wanted to make sure she got custody of Theo.”

Lopez later testified that one reason she sought out Haynes was because Madison had suddenly become aggressive in trying to convince her that she was a domestic violence victim and the incident needed to be reported to the police, and Lopez wanted to get the perspective of someone with a background in domestic violence.

“I said, I have a person telling me this, I want your opinion about it,” Lopez testified.

Around 12:30pm that day, when Madison informed Lopez that she had called the police and they were on the way, she frantically called Haynes from Madison’s house and suddenly put the two women on the phone together, which Madison and the city have characterized as a witness dissuasion effort.

Haynes said she was confused when Lopez suddenly handed the phone to Madison: “She said, ‘help me, help me, help me,’ and I’m on the phone wondering what’s going on.”

“[Madison] told me, ‘I’ve been talking to Eliana for several days and I just called the police,’” Haynes said.

Haynes said she asked Madison if she had called any domestic violence agencies or if she just called the police “and she got very agitated” — adopting a defensive tone of voice — and that reaction seemed “fishy” to Haynes.

Asked whether she tried to dissuade Madison from talking to the police, she responded, “I told her she should maybe talk to her friend about what she wants.” She said that she could hear Lopez telling Madison, “This is not what I want, this is not what I want.”

So Haynes said she tried to extricate herself from the situation: “I told her I really think you need to get off the phone, talk to Eliana, and respect her.” And the phone conversation ended with Lopez getting back on the line and telling Haynes to call Mirkarimi to let him know what was going on.

But Mirkarimi was busy and not answering his phone, prompting Haynes to text at one point that he needed to answer ‘so I can protect you.” What did she mean by that, Kaiser asked.

“My thinking was that something sounded fishy, something wasn’t right, and they need legal help,” Haynes said.

“Your focus had been on Eliana up until then?” Kaiser asked.

“My focus has always been Eliana,” Haynes responded.

Later, asked about the nature of her repeated phone conversations with Lopez, she denied helping her strategize ways to dealing with witnesses or police. “I was just providing support for her, emotional support,” Haynes said, later adding “I wanted to be present for her.”

The victim

Lopez testified that while the grabbing incident was unacceptable and serious — which she conveyed to Mirkarimi — she didn’t consider herself to be in an abusive environment or in need of outside help, except perhaps the marriage counseling she had been seeking and which Mirkarimi finally agreed to.

“An abusive environment is when those kinds of think happen every day or every week,” she said, maintaining — in the face of repeated questioning — that this was the first and only instance of physical abuse.

“At the end of the day on Dec. 31, I told him, that cannot happen, this is wrong, we need counseling,” she said. “He realized it was wrong and he took it very seriously.”

But she said that Madison went from being a supportive friend and counselor on Jan. 1 to suddenly becoming increasingly insistent that Lopez report the incident to police in the days that followed.

“She started trying to convince me to call the police in that email,” Lopez said, answering a question about a Jan. 2 message from Madison, “but that wasn’t our conversation on Jan. 1.”

Lopez said Madison’s approach got more aggressive. “She said, ‘screw him, I have a lot of friends willing to help you,’” Lopez said, noting that Madison offered her the vacant homes of rich friends and offered to bring in journalist Phil Bronstein, DA George Gascon, Attorney General Kamala Harris, and Lieutenant Governor Gavin Newsom to help her.

“It looked to me suspicious…She was calling Ross’ political enemies,” Lopez said.

When Lopez finally made it clear she didn’t want police involvement, Madison called the police.

“I didn’t expect that my lawyer could call the police on her own. I thought that was my decision,” Lopez said.

Keith tried to tie Lopez’s custody concerns to his status as sheriff, driving at that point with many questions. But Lopez said her concern was that California family courts would favor Mirkarimi simply because he’s an American and she’s from a country that has bad relations with the US.

“In this country, I think he’s in a better position than me,” she said. After he again tried to make it about his official position, she said, “As a sheriff, no; as an American, yes.”

She denied the claim by the city and Madison that it was Mirkarimi who sought to improperly use his position, a key element of removing him for official misconduct. Lopez said her conclusions about Mirkarimi’s advantages in a potential custody battle were the result of conversation that happened much earlier.

“That conversation happened in March 2011. He wasn’t even thinking about running for sheriff at that point,” she said, denying that Mirkarimi ever raised his official position in their custody conversations and claiming the concerns about his power were her own. “He never said that, that was my conclusion of our conversations. He never said, ‘I am a powerful man.'”

Throughout hearings, Mirkarimi’s side has enjoyed strong shows of public support, with many of his supporters wielding signs that read, “I believe Eliana” and “I support Eliana,” both in Spanish and English.

During a recess in the July 18 hearing, Mirkarimi said he appreciated the outpouring of support: “There are scores of people showing their support who think this has gone way too far.”

 

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.

 

 

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?

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.”

Lopez steals the show as the city’s case against Mirkarimi falters

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This afternoon’s must-watch television is on the city’s SFGTV starting at 5pm when Venezuelan actress Eliana Lopez returns to the witness stand as the Ethics Commission considers Mayor Ed Lee’s effort to remove her husband, Sheriff Ross Mirkarimi, from office on official misconduct charges. Because after last night’s hearings, the city’s case has been severely weakened, making the standoff between a charming Lopez and flailing Deputy City Attorney Peter Keith even more pivotal.

For those with the patience and stomach to sit through these sordid and often tedious hearings – including a press gallery that has packed each hearing – there is a growing sense that the city is in trouble and getting desperate, largely because Keith and Deputy City Attorney Sherri Kaiser have been unable to support their speculative central charges, nonetheless grinding away at them, thus highlighting that lack of support.

That seemed especially true last night during Kaiser’s disastrous cross-examination of Mirkarimi campaign manager Linnette Peralta Haynes, a figure who was central to the city’s allegation that Mirkarimi dissuaded witnesses and sought to thwart a police investigation into a Dec. 31 incident in which he grabbed Lopez’s arm and left a bruise.

Haynes had communicated with Lopez and Mirkarimi via phone and text message throughout the day on Jan. 4, when neighbor and Lopez confidante Ivory Madison reported the incident to police, even briefly speaking to Madison that day when Lopez suddenly handed the phone to her. The city’s apparent theory was that Haynes acted as Mirkarimi’s agent in trying to cover up the incident and do damage control, including coaching Lopez on what to say to Madison and another neighbor, Callie Williams, as Lopez desperately tried to prevent the situation from spinning out of control.

But the city has never had any evidence to support its theory, and this was its first chance to question Haynes, who had been at the end of a high-risk pregnancy and resisted cooperating with the investigation, which seemed to only feed the city’s conviction that she had incriminating information that Kaiser would be able to pry loose on the witness stand.

Yet that didn’t happen, despite Kaiser and commissioners grilling Haynes for more than three hours, twice as long as she had told the commission that she would need. Whereas Haynes seemed calm and consistent as she described giving Lopez emotional support and probing to ensure that she wasn’t in danger, Kaiser fumbled through technical difficulties and maintained an accusatory and belittling tone even as the answers she was receiving seemed to destroy her line of questioning.

“I think the house of cards that mayor has been trying to establish about witness dissuasion was demolished by Linnette Peralta Haynes, who was absolutely credible,” Mirkarimi attorney Shepherd Kopp told reporters after the hearing.

But the star of last night’s show was Lopez, who had just returned from Venezuela, where she and her son have been staying with family since March because Lee stripped Mirkarimi of his salary and because the couple is barred from seeing one another by a restraining order they didn’t seek, but which has been extended by these proceedings.

Keith’s first line of questioning tried to use that separation against them, implying that Lopez was supporting Mirkarimi – which she has done since the beginning, claiming that he’s not abusive and that they are working on their problems – only so that he would continue to sign off in family court on his son remaining in Venezuela.

“Ms. Lopez has a thriving life in Venezuela and she wouldn’t want to do anything to upset the sheriff,” Keith proffered to a skeptical commission to justify his line of questioning about Lopez, who begins a 20-day film shoot on Monday.

But he seemed to score few points in that realm as Lopez – who was alternately resolute and playfully charming, sparking some of the only moments of levity and laughter during hearings that have dragged on for months – laid the blame for her family plight on Madison (“my nutty neighbor,” she Lopez once described her) and the investigators and prosecutors that she believes have misinterpreted her words and intentions and blown the incident out of proportion.

Keith also tried to find support for another key allegation against Mirkarimi – that he claimed to be a “powerful man” who could use his office to keep custody of their son in the event of a divorce – but he also seemed to hit a brick wall there. Based on statements by Madison – most of whose hyperbolic and unsupported written testimony has been disallowed by the commission – Keith tried to tie Lopez’s custody concerns to his status as sheriff, driving at that point with many questions.

But Lopez said her concern was that California family courts would favor Mirkarimi simply because he’s an American and she’s from a country that has bad relations with the US. “In this country, I think he’s in a better position than me,” she said. After he again tried to make it about his official position, she said, “As a sheriff, no; as an American, yes.”

It was that concern over custody that prompted Lopez to consult with Madison and make a tearful video of the bruise on her arm, something Lopez said Madison coached her through and promised would remain confidential, something Lopez believed because Madison had attended law school and presented herself as a lawyer.

When Keith confronted Lopez with a prior written statement that she was worried about Mirkarimi’s power as “an American and politician,” Lopez said that it was Madison who planted that idea in her head, not Mirkarimi. “After our conversation, she made me feel even more scared. She said it was an all boys network and they would protect themselves so you need evidence,” Lopez said.

But she denied the claim by the city and Madison that it was Mirkarimi who sought to improperly use his position, a key element of removing him for official misconduct. Lopez said her conclusions about Mirkarimi’s advantages in a potential custody battle were the result of conversation that happened much earlier.

“That conversation happened in March 2011. He wasn’t even thinking about running for sheriff at that point,” she said, denying that Mirkarimi ever raised his official position in their custody conversations and claiming the concerns about his power were her own. “He never said that, that was my conclusion of our conversations. He never said, ‘I am a powerful man.’”

Because the interrogation of Haynes dragged on so long, it was nearly 9pm when Lopez took the stand, and she only got through about 40 minutes of testimony before the hearing adjourned. Keith estimated that she would be on the stand for about two and a half hours – and so far, the city’s attorneys have underestimated how long they would question each witness – so there’s probably much more to come this afternoon.

Governor signs high-speed rail funding bill at Transbay Terminal

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The mood was jubilant at the Transbay Terminal construction site in downtown San Francisco this afternoon as political leaders gathered to watch Gov. Jerry Brown sign Senate Bill 1029, the hard-won recent authorization for selling the first $4.7 billion in state bonds to fund the California High-Speed Rail Project.

That money – part of the $10 billion that voters approved for the project in 2008 – and $7.9 billion in federal matching funds will go mostly to build the first high-speed rail section linking Merced to the San Fernando Valley. But it also includes money for related projects in the Bay Area, including $820 million to electrify and improve the Caltrain tracks that the project will share, $145 million for BART replacement cars and track improvements, and $61 million for SF’s Central Subway project.

The fact that Brown chose Transbay Terminal – the northern terminus for trains expected to travel at up to 220 mph between there and Los Angeles’ Union Station in less than three hours by the year 2027 – was an indicator of his focus on the long-term benefits of the project rather than its immediate impacts, a theme he emphasized in his speech.

“What this is about is investing in the future,” he said, pointing to the high-rises around him and noting how they were also the products of people with long-term vision. “The buildings that are up here didn’t come out of fear, they came from bold risk-taking.”

High-speed rail has been under increasing criticism from conservatives who complain about its cost (the total project cost is estimated at about $68 billion) and SB 1029 squeaked through the Legislation, with not a vote to spare in the Senate, where President Pro Tem Darrell Steinberg and other political leaders had to twist arms to get it done.

“The people know we can cut, the people know we can patch and mend, but the skeptics wonder whether we have the will to build,” Steinberg said at the event, which he said answered that question. “This is about economic vitality.”

Mayor Ed Lee praised state leaders for moving the project forward and said, “This project means more than just celebrating a great transit system, which high-speed rail is,” noting that the overall Transbay Terminal project will also include about 40,000 new residential units being built on a dozen surrounding buildings, including what will be the tallest on the West Coast.

But that project has its critics, including Quentin Kopp, the retired judge and former legislator who sponsored the bill that created the California High-Speed Rail Project and was the first chair of the California High-Speed Rail Authority. He has derided Transbay Terminal as simply a “real estate deal,” noting that the tunnel from there to the Caltrain station is too expensive, still unfunded, and shouldn’t be built.

Asked about that $1 billion-plus funding shortfall, Brown replied, “Let’s see the first phase, then the second phase, then we’ll figure out how to get it here.” He criticized the “NIMBYs and fearful men” and emphasized the long view of the project: “I signed my first high-speed rail bill 30 years ago. It’s taken some time to get this going.”

Several speakers cast the project as an obligation to future generations. Deputy US Secretary of Transportation John D. Porcari said most of the country’s most important infrastructure we enjoy today was built by past generations, and he asked, “Are we doing right by the next generation? Are we paying it forward?”

High noon for CPMC

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CPMC, the health-care giant owned by Sutter Health, has two weeks to convince some very reluctant city officials that its plan to build a flashy new hospital on Van Ness Avenue is at least marginally acceptable.

It might not be possible.

CPMC and Mayor Ed Lee had a deal back in June — a bad deal for the city, but one that the mayor was ready to push. Then internal documents showed that the hospital folks weren’t telling the truth and were looking for ways to shut down St. Luke’s, which provides care to the underserved population in the southeast part of the city.

The actual deal is in some kind of suspension now, since CPMC and the mayor aren’t anywhere near close to agreement — but the environmental impact report on the development came up on appeal to the supervisors, and it was clear that there weren’t enough votes to approve the document. Rejecting it would have set the project back at least 18 months, probably two years — and that would spell doom. CPMC is under a state mandate to upgrade the seismic safety of its facilities by 2015, and this Van Ness super-hospital is supposed to replace that aging California St. campus, which doesn’t meet state codes.

At the end of a seven-hour hearing, the supes agreed to continue the matter for two weeks after Michael Duncheon, Sutter’s general counsel, promised to maybe, sorta, kinda try to reopen talks with the city:

“In the intervening two weeks, CPMC commits to work with the mayor’s office and with you. … CPMC is ready to talk about a structure for future discussions as we all put our heads together.”

I other words, we’re ready to consider the shape of the bargaining table.

That doesn’t go very far, particularly since CEO Warren Browner has been a complete asshole throughout this process. He acts as if he’s entitled to do anything he wants with this project and he dismisses community benefits as nonsense. Oh, and guess what? He’s not even around right now. He’s on vacation.

Sup. Jane Kim made a good point in her remarks:

“The fundamental issue in certifying this EIR, in my humble opinion, is the elephant in the room, which is that there is no proposed project.  The only sponsor of this project, has himself stated that there is currently no project without greater assurance and agreement to stronger language from project sponsor on a commitment to the operation of St. Luke’s.”

And she said that if the matter hadn’t been continued, she would have voted not to certify the EIR. Sup. David Campos told me that he agreed: “We sent a very clear message that we can kill this thing if we want to,” he said.

So now we wait two weeks to see if Browner and his crew will come to their senses. “There’s hope,” Campos said, “but who knows?” And if CPMC doesn’t come back very quickly with a much-better plan, it will be time to start thinking about other options for saving St. Luke’s.

Trust the police?

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yael@sfbg.com

On July 16, 2011, Kenneth Harding Jr. lay bleeding on the ground. He was surrounded by San Francisco Police officers, who were in turn surrounded by neighbors and community members. The minutes ticked by and no ambulance arrived. After 28 minutes, Harding was dead at 19. The official story: after being stopped in a Muni fare check, Harding ran from police, drew a gun, and shot himself.

A year later, family members and community supporters maintain that the official story is a lie. A protest on his death’s anniversary this week shut down Muni service for an hour in his honor.

But protesters weren’t speaking of just Harding. Since he was killed by law enforcement officers, so were Charles Hill, Alan Blueford, and Derrick Gaines. All have led to varying degrees of protest that feed tensions between the cops and segments of the community.

Hill’s fatal shooting by a BART cop in San Francisco sparked last summer’s OpBART demonstrations, the energy from which flowed into early manifestations of the Bay Area’s Occupy movement, which was also marked by tense standoffs with cops that were followed by “fuck the police” marches throughout the Bay Area.

Despite such lingering tensions, Mayor Ed Lee recently suggested curbing gun violence by giving cops stop-and-frisk authority, a controversial idea that has been the subject of massive protest movements in New York City where what critics say is widespread racial profiling heightens tensions between police and communities of color.

Lee’s idea was widely criticized, triggering the Board of Supervisors to pass a resolution on July 10 criticizing the idea, urging Lee to abandon it, and saying it would destroy trust between the community and police.

There has always been tension in San Francisco between police and segments of the community, but a series of emotional, high-profile episodes and unsatisfying official responses over the last year has frayed that relationship even more than normal.

 

HARDING’S CASE

When Harding was killed, his mother Denika Chatman moved from Seattle to San Francisco. She wanted to convict the officers she believes murdered him. But the SFPD announced within weeks of the shooting that Harding had shot himself.

Now, Chatman and attorney John Burris have filed a federal lawsuit. “I know that it was murder,” she said. “I know his human rights had been violated.”

Chatman and other family members and friends maintain that when Harding was stopped while off-boarding the T train by SFPD officers and asked for proof of paying the $2 fair, he was unarmed. Harding ran, and those officers drew guns and shot him.

Police say that Harding had pulled out a gun as he ran and shot at police, prompting their return fire. They didn’t recover a gun at the scene, but after a weeklong “community effort,” police say a neighbor turned in a gun found at the scene.

The gun shot .38 caliber bullets, police reported—smaller than the .40 caliber bullets in a standard-issue SFPD weapon. The police crime lab then concluded Harding’s fatal wound was from a .38 caliber bullet, a finding confirmed later by the Office of the Medical Examiner.

A widely circulated video show’s Harding on the ground, bleeding to death, as police stand around him.

But as SFPD spokesperson Carlos Manfredi tells it, “The officers did not just stand around. Officers had just been involved in a violent confrontation, they were fearful for their lives…A hostile crowd began surrounding the officers.”

“It wasn’t until more officers arrived on scene to assist the primary officers and prevent them from being surrounded by a hostile crowd that could have potentially escalated the situation. Not to mention, the ambulance would not be able to enter a violent scene that could potentially put their lives at risk, until we feel it is safe,” he said. “Remember, the officers did not know if Harding was laying under the gun. Approaching an armed gunmen who was shooting at officers is extremely dangerous and life-threatening.”

But many say the police shouldn’t be afraid of the community it patrols. When Chatman moved to the Bay Area, she says, she found a community in Bayview-Hunters Point. She also found support in a movement against police violence, made up largely of grieving mothers.

When hundreds marched in San Francisco demanding that George Zimmerman be charged with murdering Trayvon Martin in Florida, Chatman joined other African American mothers in condemning police killings of their sons. Since Martin’s death, similar deaths have continued in the Bay Area.

Alan Blueford, 18, was killed May 6 in Oakland three weeks before he graduated high school. Derrrick Gaines was 15 when he was fatally shot June 5 in South San Francisco. Each case feeds anew the fears and resentments some communities feel toward the police.

 

POLICING THE COMMUNITY

Some Occupy reactions continued a tradition of a certain type of radical response to police: just get them out. For many, police are like foreign occupying forces in neighborhoods, afraid of locals they don’t understand and willing to shoot to kill in mildly threatening situations. Harding and Gaines were running away when they were shot; Blueford was allegedly wielding a screwdriver. In all these situations, shooting to wound likely would have sufficed for self-defense.

When asked how she would like to see police interact differently with Bayview-Hunters Point residents, Chatman didn’t see much potential. “Not at this point,” Chatman said. “There’s been too many murders. Things would have to change drastically. And the mayor trying to implement a stop and frisk? Kenny is a worst example of stop and frisk and racial profiling.”

Indeed, at the end of a tense year, Mayor Lee’s idea of adopting the stop-and-frisk tactics used in New York and Philadelphia has been met with intense dissent. Sup. Malia Cohen — whose District 10 includes Bayview-Hunters Point — and former Mayor Willie Brown, two of the mayor’s supporters, immediately came out against the idea.

“San Francisco should remain focused on community policing that values both law enforcement and building relationships with communities who live with gun violence. Anything less would undermine decades of hard work in building trust between local law enforcement and our neighborhoods,” she wrote in a San Francisco Chronicle op-ed.

Even the SFPD is wary of the idea.

“We are not passing stop and frisk,” Manfredi told the Guardian. “It’s not even an option on the table for the department. We’re using the same method we’ve been using this whole time: probable cause and reasonable suspicion.”

 

A TROUBLING PATTERN

The anniversary of Harding’s death comes a week after the Malcolm X Grassroots Movement released a highly circulated report that concluded an African American is killed by a police officer or someone “deputized to act in their name” every 40 hours.

“We call [the killings] ‘extrajudicial’,” the report notes, “because they happen without trial or any due process, against all international law and human rights conventions.” The report notes that only nine people have been charged in the 110 killings it looks at, and none convicted.

On paper, San Francisco isn’t having a particulary bad year. Manfredi said there have been “two officer-involved shootings and at least one was a fatality” so far in 2012. That’s compared to eight officer-involved shootings with three fatalities in 2011 and 14 officer-involved shootings with three fatalities in 2010.

But community perceptions and unease can linger for a long time when incidents don’t seem properly investigated or atoned for.

“It’s very alarming. Especially the rate that it’s happening at. And anybody is paying attention, they’re starting use all the same stories for all these young black teenage males that they’re murdering,” Chatman said.

Alan Blueford, 18, was killed by Oakland Police on May 6. He was confronted by police on suspicion of hiding a gun and ran away. Police first said he had drawn a gun and shot an officer as he ran; an investigation later revealed that the officer who was injured shot himself in the foot. There has been no evidence uncovered that Blueford had a gun.

A month later, Derrick Gaines, 15, was confronted by South San Francisco police, again for looking suspicious. Police say he ran away and drew a gun, and that they needed to fire in self-defense. At a community speak-out July 13, Gaines’ mother, Rachel Guido Red, said she had just received the coroner’s report. It’s conclusion? “Derrick was shot in the back.”

She related what she believes happened: “He was running. He was scared. He was tripped by the officer, and he didn’t have a chance to pick himself up because this man played judge, jury, and executioner.”

Over and over, police investigations clear the cops of wrongdoing, as an investigation of Hill’s shooting on a San Francisco BART platform recently did. Chatman said lawsuits like the one she filed are often the only way to seek justice.

 

DEMANDS FOR CHANGE

Chatman wants to see shoot-to-kill policies changed. “I would like to see a bill passed making these people responsible for murder,” she said. “And then maybe they’ll start going back to original ways, of maybe wounding somebody, firing a warning shot, or doing something to injure the person, instead of shooting to kill. Because now they all come with their guns drawn. How come every police man there has to shoot? Why do they all have to shoot? Why can’t one officer shoot, and just shoot to wound?”

Manfredi said the policy isn’t shoot-to-kill, but it isn’t shoot-to-wound either. Instead, it’s to aim for “center mass” (the torso area) and shoot until there is no longer a threat. “We never, ever had a shoot to kill policy,” he said. “We shoot to stop the threat. And once we assess the threat and realize there’s no longer a threat, then we stop.”

Sharen Hewitt, founder of the Community Leadership Academy and Emergency Response Project (CLAER) is also indignant about Harding’s murder. “I don’t think that I should pay for Kenneth Harding to be shot down in my streets because he didn’t have two dollars,” she said.

In her decade of work with CLAER, Hewitt has overseen many projects that improved conditions for families whose children were killed by police, from funding funerals for families who can’t pay to bury their dead to counseling for family members other than biological parents of murdered kids. CLAER also sends emergency responders to sites of murders.

“We thought it was important to deal with the immediacy of the homicide and provide support so we could mitigate the possibility of retaliation,” Hewitt said.

Hewitt also has ideas for how to increase trust in police. “They need to understand the nuances, so they see Johnny with the hoodie on and know, he’s a star quarterback. I’d like to see my cops, paid by my tax dollars, not going to Sonoma County to spend them. One day the officer might be out running and he’ll have a hood on, and he’ll understand the nuances of what people are going through,” Hewitt said. She also advocates for housing set-aside for police in every neighborhood, insuring that officers live in neighborhoods they patrol.

We asked Manfredi about this idea. “I’m a big proponent of having officers live in the community where they work, because then they can engage with the community,” he agreed. But, he said, “one of the major issues about San Francisco, the cost of living is extremely high. To buy a home out here, we’re talking in the millions of dollars. That’s just too expensive.”

He said that to make the idea work, the city would need to “implement some type of program or plan where they offer discounts for public officials so they can afford to live in the city.” He explained that even in less expensive areas like Bayview and Sunnydale, the cost of housing would be too high for police officers to raise a family.

The current entry-level salary for SFPD officers is $88,842 to $112,164. By comparison, the median household income in San Francisco is about $71,000. According to city-data.com, the median household income in Bayview is $47,147. In Sunnydale, Hewitt’s neighborhood, that figure is $33,641. “I would say, the police are part of the community,” Hewitt said. “And they must be held to community standards. What I’d like to do is make it part of common thought that they are perceived as community members.” She said the African American community has differing ideas on how to address police-related problem, but the tension is widely felt. “It’s not like the black community is monolithic,” she said, “although we are bearing the collective brunt.”

Feeling the heat, Olague kills RCV repeal for now

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After reviving a controversial effort to repeal the city’s ranked-choice voting (RCV) system and paying a political price for her shifting stands on the issue, Sup. Christina Olague today made the motion to send all three competing reform proposals back to the Board of Supervisors Rules Committee, effectively killing efforts to place them on the November ballot.

“The public would benefit from more public discussion on the issue,” Olague said, adding that she doesn’t think the measures should be on the crowded fall ballot competing with other important priorities.

Olague had been torn between supporting the desires of Mayor Ed Lee (who appointed her to the seat) and downtown interests to repeal RCV and those of her longtime allies in the progressive community who sought to defend it from total repeal – and she hadn’t been returning calls or indicating where she now stood before today’s Board of Supervisors meeting.

But after hearing more than 30 minutes of impassioned public comments on both sides of the issue, she made the motion to end the controversy for now, which was unanimously approved by the board. Olague also addressed the heat she felt indirectly, saying RCV “should not be a litmus test for whether someone is progressive” and “sadly, the discussion had degenerated to be about personalities.”

Her colleagues seemed happy to be done with this fight for now as well. Sup. Mark Farrell, who sponsored the measure to repeal RCV for all citywide offices, said it would be a “huge mistake” to have competing voting system measures on the fall ballot. Olague had previously offered an alternative to repeal RCV for just the mayor’s race, like Farrell’s measure using a September primary election and November runoff. Board President David Chiu responded to the RCV repeal effort by proposing another alternative, that one using RCV in the November election but having a December runoff between the top two mayoral finishers.

Chiu said he was happy to delay his proposal, saying, “I have thought the system we have is working quite well.”

Black Young Democrats rally against stop and frisk

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A group organized by the San Francisco Black Young Democrats rallied at City Hall today. Their message: no to stop and frisk.

Members of the group, as well as the ACLU and the Asian Law Caucus, said the policy would violate the civil rights of San Franciscans.

Supervisors Malia Cohen, along with Avalos, Campos, and Mar also attended the rally and expressed their support. They co-sponsored a non-binding resolution, introduced by Cohen,  that condemned the idea of implementing stop and frisk in San Francisco.

Mayor Ed Lee said he was considering implementing the controversial policy a few weeks ago.

Under a stop and frisk policy, police have the leeway to stop and search people that they consider suspicious. On average, 85 percent of those stopped in New York City are young African American and Latino men.

Opponents say racial profiling is inevitably involved and that, for people who may be carrying minor contraband but no dangerous weapons, this racial profiling leads to selective enforcement of laws. About 87 percent of those stopped in New York were completely innocent, according to numbers compiled by the New York Civil Liberties Union.

Lee said he suggested the idea after a spike of gun violence in June. But it has generated a backlash, and at today’s rally about 75 showed up to present a petition signed by more than 2,000 asking the mayor not to implement the policy.

Joaquin Torres, director of that office, accepted it on Lee’s behalf.

Lee himself didn’t engage with the protesters, but he did issue a statement not an hour after they left City Hall “clarifying his position” on stop and frisk.

“I want to be clear that I have not considered implementing a policy in San Francisco that would violate anyone’s constitutional rights or that would result in racial profiling,” the statement reads.

Ellington said the statement was not enough. “We want Mayor Ed Lee to say that he will not implement stop and frisk in San Francisco, nor any policies that are like stop and frisk. No policies that infringe upon our civil liberties,” Ellington told the Guardian.

“These are predatory policing practices that we don’t want in our city,” he said.

Guest opinion: RCV is good for progressives

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Since San Francisco began using ranked choice voting in 2004 and public financing of campaigns in 2002, the city has been a leader in the types of political reform badly needed at state and national levels. People of color today have an unprecedented degree of representation and progressives are a dominant presence in city government. Elections are being decided in November, when turnout usually is highest, and the combination of public financing and deciding races in one election minimizes the impact of independent expenditures and Super PACs .

Yet progressive stalwart Calvin Welch, whose work we have long admired, recently authored a Bay Guardian oped against RCV. His charges against RCV are as wrong today as they were when he first made them 10 years ago when he opposed RCV on the ballot. And given the horrible Supreme Court ruling known as Citizens United, which has opened the floodgates on corporate campaign spending and did not exist when San Francisco last used separate runoff elections, returning to two elections is a direct threat to the future of San Francisco progressivism. 

The most serious of his claims is that RCV favors “moderate to conservative candidates” because “left-liberals do very well in run-off elections” since “in low-turnout elections, left-liberals vote more heavily than do conservatives.” He cites the 2000 supervisorial races and 2001 city attorney race, in which “the more liberal candidate for City Attorney, Dennis Herrera” bested “Chamber of Commerce functionary Jim Lazarus.” He asserts “that’s a verifiable San Francisco political fact.”

But San Francisco State University professor Richard DeLeon, author of the acclaimed book of Left Coast City about San Francisco politics, debunked that claim with real election data in his 2002 paper, “Do December runoffs help or hurt progressives?”

He found that in the November 2001 city attorney election, for every 100 voters who turned out in progressive precincts, 107 turned out in conservative precincts. But in the December 2001 runoff, for every 100 voters who turned out in the progressive precincts, 126 turned out in the conservative precincts, an 18 percent increase. Wrote DeLeon, “This dramatic increase in the ratio of conservative to progressive voters occurred despite (or perhaps because of) the 44 percent drop in voter turnout citywide between November and December.”

He continued: “If San Francisco had used [ranked choice voting] in November, Herrera most likely would have won by an even greater margin. In November, the liberal/progressive candidates for city attorney won a combined 60 percent of the vote…In the December runoff, however, Herrera won with only 52 percent of the vote. Thus, due to the proportionally greater decline in progressive voter turnout, Herrera probably lost approximately 8 percent of his potential vote, making the election close.”

DeLeon also rebutted Welch’s citation of the supervisorial races in 2000 as ones that demonstrated a progressive advantage in low-turnout runoffs, writing:

 “Progressive success that year was NOT due solely to a one-time surge in turnout among progressive voters…Many powerful forces converged in that election, not least the anti-Willie Brown backlash, the cresting of the dot-com invasion, and the return to district elections, which forced despised incumbents to stand trial before angry neighborhood electorates.”

DeLeon concluded:  “Based on the evidence presented, I conclude that December runoffs have hurt progressive voters, candidates and causes in the past and (absent same-day runoffs) will continue to do so in the future, even under district elections.”The Bay Guardian cited Professor DeLeon’s study in March 2002 (see  and scroll down to “A is OK”), and Mr. Welch is ignoring these results today just as he did then.

Certainly progressives haven’t won 100% of RCV elections — should any political perspective? — but they have done well nonetheless, electing  Bay Guardian-endorsed candidates like John Avalos, David Campos, Eric Mar, David Chiu and Ross Mirkarimi, despite those candidates not being incumbents. Other progressive incumbents first elected before RCV elections, like Aaron Peskin, Chris Daly, and others, were re-elected under RCV. And Mirkarimi was elected citywide in the sheriff’s race. On  the flip side, progressive Eileen Hansen most certainly would have beaten moderate Bevan Dufty in a November RCV contest for D8 supervisor; instead she lost in December after finishing first in November.

What’s actually at stake here is how we define progressivism. Since we began using RCV in 2004, 8 of the eleven members of the Board of Supervisors come from communities of color, a DOUBLING from pre-RCV days. At the citywide level, all seven officials elected by RCV come from communities of color. So out of the 18 elected officials in San Francisco, a whopping 15 out of 18 come from communities of color, the highest percentage for a major city in the United States.

The proposed repeal amendment would launch low-turnout September elections in San Francisco. In fact, the December 2001 city attorney race in which Welch cites as exemplary had a turnout of 15 percent of registered voters, the lowest in San Francisco’s history. New York City’s last September mayoral primary had a turnout of 11.4 percent. In Charlotte NC (population 750,000, similar to San Francisco) its last mayoral primary had a turnout of only 4.3 percent. Cincinnati had a September turnout of 15 percent, and Boston and Baltimore had September mayoral primaries with turnout in the low 20s. Many cities in Minnesota have September primaries with extremely low turnout; the two largest cities, Minneapolis and St. Paul, have switched to RCV largely to eliminate September primaries.

Research has demonstrated that voters in low turnout elections are disproportionately more conservative, whiter, older, and more affluent; those who don’t participate are people of color, young people, poor people — and progressives. So having a mayoral race in a low turnout September election has real consequences not only on voter turnout but on the demographics of the electorate.

While we share the priorities of Welch’s progressive economics, we believe progressivism must be more inclusive, especially if it wants to enjoy the support of these burgeoning demographics. While disappointed by the lack of progressive achievements of President Barack Obama, we still view the election of the first African American as president as a major progressive achievement.

Finally, we would assert that the ranked ballots used in RCV have been important for San Francisco democracy. Just look at the recent “top two” primary on June 5, and you can see the defects of the methods proposed to replace RCV. In many races across the state – including in the Marin County congressional race where progressive Democrat Norman Solomon lost by 0.2 percent — too many spoiler candidates split the field and candidates got into the top two with extremely low vote percentages, some as low as 15 percent of the vote. In one race where there was a Latino majority and a solid Democratic district, the Democrats ran so many candidates that the Democratic vote split and two white Republicans made the runoff with low vote percentages.

San Francisco risks such elections if we get rid of RCV. Think of the last mayoral election, and the choice for Asian voters if we used single-shot plurality voting instead of RCV. Which Asian candidate would they vote for with their single-shot vote — Lee, Chiu, Yee, Ting, Adachi? What kind of vote split might have occurred? And to avoid that, what kind of backroom dealing would have occurred BEFORE the election to keep that many candidates out of the race to prevent that vote-splitting?  We saw such vote splitting in the 2003 mayoral election as well, with various progressive candidates running and splitting the progressive vote. Going back to plurality elections would be damaging for constituencies that often run multiple candidates, such as the Asian and progressive communities.

RCV has been good for San Francisco, and we should keep it. For those who would like to see a runoff in mayoral races, Board president David Chiu has proposed a compromise that, while increasing the costs of running for mayor, is far better than the repeal measure for September elections. Chiu’s proposal would keep RCV to elect the mayor, but with a December runoff if no mayoral candidate won a majority of first rankings in November. The 2011 mayoral election would have gone to a runoff, with John Avalos as Ed Lee’s opponent.

San Francisco progressives should embrace a view of progressivism that is inclusive, promotes higher turnout and is based on a politics that is looking forward instead of backward to some golden age that never existed. Ranked choice voting and public financing are two parts of the puzzle for ensuring a vibrant progressivism.

Steven Hill led the campaign for ranked choice voting in San Francisco, and Matt Gonzalez was President of the Board of Supervisors and legislative author of the RCV charter amendment. See www.SFBetterElections.org for more information

 

 

Gonzalez withdraws his endorsement of Olague

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Matt Gonzalez – the attorney and former president of the Board of Supervisors whose 2003 run for mayor galvanized the city’s progressive movement – has withdrawn his endorsement of Sup. Christina Olague for his old District 5 supervisorial seat, citing her positions on the 8 Washington project and replacing ranked-choice (RCV) voting with a September mayoral primary election.

It is perhaps the biggest political blow that Olague has suffered since being appointed to her first elective office by Mayor Ed Lee in January, and a sign that she may be siding more solidly with Lee and his pro-development allies than with the progressive political community she has long identified with – and that could complicate her race in one of the city’s most progressive districts.

Gonzalez, who helped launch Olague’s political career by appointing her to the Planning Commission in 2004, confirmed his decision and the reasons for it, but he told the Guardian that he didn’t want to make a formal public statement yet. That could come later in the week, possibly coupled with a new endorsement in the race.

But he did say that he’s been frustrated with Olague’s actions on both 8 Washington – a housing project for the super-rich on the Embarcadero – and with her recent antics on RCV. In both cases, it wasn’t just the votes, but the way they were made that have raised doubts about Olague with Gonzalez and other progressives.

Olague and Sup. Jane Kim (another former Gonzalez protege who has disappointed many of her one-time progressive supporters on several high-profile issues) not only voted for the 8 Washington project, but also for a series of amendments that made the already lucrative project even more profitable for the developers and costly to the city.

On RCV, as I reported on Friday, Olague surprised progressives by giving new life to efforts by the most conservative supervisors to repeal the system, then has made a shifting series of statements and pledges on the issue, in the end supporting a system that will repeal RCV only for the mayor and create a September election.

The fear is that election would be extremely low turnout, and Lee could win it outright with at least 65 percent of the vote and avoid the normal November election, and Olague has been unwilling to fully explain her position or address concerns that she is simply doing Lee’s bidding. Olague hasn’t returned our calls on that issue or for her reaction to Gonzalez’s decision to withdraw his endorsement.

Guardian Voices: The case against RCV

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“The Cure for the Ills of Democracy is More Democracy”
                                 — old Progressive Party slogan

My friends here at the Guardian have elevated support for ranked choice voting to a defining requirement for being considered a progressive. This is not only historically incorrect,  it is actually politically silly. There are many progressive reasons to oppose RCV — not the least of which is the undeniable fact that it overwhelmingly favors incumbents, has failed to deliver on the 2002 ballot promises, and now poses real threats to progressive political advancement in key supervisor districts. 

First, a little history. 

The two greatest national political victorys  of the Progressive Era were the 1913 adoption of the 17th Amendment of the US Constitution, which required direct elections of US Senators, and, at the tail end of the era,  the 1920 passage of the 19th Amendment, which gave women the right to vote. Both expanded people power in elections, curing the ills of democracy by more democracy.

Historically, to be a Progressive is to favor MORE elections, MORE political opportunities for more people at the local level.  How can it be that it is now progressive to favor FEWER elections at the local level?

In the March, 2002 Voters Handbook, ballot arguments against RCV were authored by several progressive activists (Sue Bierman, Jane Morrison, David Looman, Larry Griffin, David Spiro and me, to name a few). We argued then that replacing local elections with a mathematical formula that few understand and even fewer could explain was political foolishness. While were outvoted, I think we were right a decade ago.

Left-liberals do very well in run-off elections in San Francisco — from 1975, when Moscone beat Bargbagalata in a December run-off, to the run-off victory of the more liberal candidate for City Attorney, Dennis Herrera, over Chamber of Commerce functionary Jim Lazarus in 2001. The reason is that in low-turnout elections, left-liberals vote more heavily that do conservatives, and that’s a verifiable San Francisco political fact.

But it was the 2000  supervisors races that showed just how well left-liberal forces did in run-off elections at the district level: Jake McGoldrick, Aaron Peskin, Matt Gonzales, Chris Daly, Sophie Maxwell, and Gerardo Sandoval, the very heart of the progressive majority, were elected in December run-off elections.

In 2002, three arguments were made for RCV: first, that it would reduce negative campaigning; second, that it would increase turnout in local elections and third, it would reduce costs by eliminating the run off election. Of the three  arguments only the last has been met, a dubious achievement in that even more such savings could be made by eliminating ALL elections.

Can anyone actually claim that last year’s mayoral election, the first contested one conducted under RCV, was anything but a negative free-for-all? Or, how about the 2010 D6 race between Debra Walker and Jane Kim, or the D8 race between Mandelman and Weiner? Or the 2002 D4 Ron Dudum – Ed Jew race? RCV did not end negative campaigns.

How about turnout?  Last year’s mayoral race had the lowest turnout in a contested race for mayor in the modern history of San Francisco. Every supervisorial race in 2008 had a lower turnout than  the citywide average. Turnout in 2010 was below citywide levels in the RCV supervisor races in D4, D6 and D10.

No, the record is clear RCV has not resulted in higher turnout, either.

RCV creates a political system in which candidates make deals with other candidates, behind closed doors, before the voters vote.  Runoff elections result in a system in which voters make deals with candidates AFTER they vote in the polling booth. What’s wrong with giving voters two choices in two elections instead of three choices in one election? Oh, that’s right, we save money by giving voters fewer elections.

Left-liberals tend to field fewer candidates for races than do moderates and conservatives because, especially in San Francisco, left-liberals simply don’t know how to raise political money, while moderates and conservatives do. RCV elections reward multiple candidates of the same political persuasion as these candidate can agree to appeal to their similar voters to vote for them as a block.  Thus, RCV will always favor, in an open contest in which there is no incumbent, moderate to conservative candidates because there are  usually more of them running.

That’s what happened to Avalos in last years mayoral election: he picked up nothing as the moderate candidates’ second and third votes went to the moderate Lee. The same happened in D10 two years ago: moderates voted for multiple moderate candidates and the only real left-liberal in the race did not pick up any of these votes and lost — although he outpolled the eventual, moderate winner.

RCV favors incumbents, and that’s why at least two of the Class of 2000 progressive supervisors told me they voted for it. Lets see how well it works to defeat Sup. Scott Wiener, who is far to the right of the average voter in D8, or Supervisor Malia Cohen in D10 who was supported by less than 30 percent of the election day vote.

What seems to be going on here is an incredibly silly political association game.  Because repealing RCV is supported by conservative supervisors and the Chamber of Commerce we should be opposed since they are for it. Haven’t we seen this year conservative Republicans make one self defeating political move after another?  When your enemy is threatening to shoot himself in the heard why are we trying to pull the gun away? It time to pull the trigger on RCV.

Olague’s antics on RCV alarm her progressive supporters

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As Sup. Christina Olague was being appointed to the District 5 seat on the Board of Supervisors by Mayor Ed Lee in January, we noted how difficult it might be to balance loyalty to the moderate mayor with her history as a progressive and someone running for office in one of the city’s most progressive districts.

By most indications, Olague doesn’t seem to be handling that balancing act — or the pressure that goes along with it — very well at all, to the increasing frustration of her longtime political allies. And that’s never been more clear than on the issue of repealing the city’s ranked choice voting (RCV) system.

As you may recall, earlier this year the board narrowly rejected an effort by its five most conservative, pro-downtown supervisors to place a measure repealing RCV on the June ballot. So chief sponsor Sup. Mark Farrell tried again in March with a ballot measure for November, this time just for citywide offices, and Olague surprised progressives by immediately co-sponsoring the measure, giving it the sixth vote it needed.

Since then, she’s offered shifting and evasive explanations for her actions, telling RCV supporters that she would withdraw her support then going back on her word. Sources close to Olague say that she’s been taking her marching orders on the issue directly from the Mayor’s Office, even as she tries to appease her progressive supporters.

Even trying to get a straight answer out of her is difficult. Two weeks ago, as the Farrell measure was coming to the board for a vote, I called her on her cell phone to ask whether she still supported the measure, and she angrily complained about why people care about this issue and said “you’re going to write what you want anyway” before abruptly hanging up on me.

I left her a message noting that it was her support for repealing RCV that had raised the issue again, that I was merely trying to find where she now stood, and that we expect accountability from elected officials. She called back an hour later to say she was still deciding and she denied hanging up on me, claiming that she had just run into someone that she needed to talk to.

At that week’s board meeting, she offered an amended version of Farrell’s proposal – which would replace RCV with a primary election in September and runoff in November for citywide offices – repealing RCV only for the mayor’s race. She has not directly addressed the question of why she supports a September election, which is expected to have even lower voter turnout than the old December runoff elections that RCV replaced.

So RCV supporters worked with Board President David Chiu to fashion an third option, this one maintaining the ranked-choice election for all offices in November, but having a December runoff between the top two mayoral finishers.

Going into this week’s board meeting on the issue, nobody was quite sure where Olague stood on that proposal or the overall issue, again because she’s been making different statements to different constituencies. And as the issue came up and various supervisors stated their positions, Olague stayed silent, as she has remained since then, refusing to return our calls or messages on the issue.

But because of technical changes to the three measures requested by the City Attorney’s Office – which Farrell made to Olague’s option, which he said he would support if his is defeated – consideration was delayed by a week to this coming Tuesday.

RCV supporters and Olague’s progressive allies didn’t want to speak on the record given that she is still the swing vote on the issue, but privately they’re fuming about Olague’s squirrely temperament, lack of integrity, and how she’s handling this issue (as well as her bad votes on the 8 Washington high-end housing project and her role in the Lee perjury scandal).

But rival supervisorial candidates like Julian Davis – who came to the hearing at City Hall Tuesday and proclaimed his unqualified support for RCV – are less reticent.

“Silence or avoidance are not acceptable, so we’re calling for her to explain why a low-turnout, plurality election in September is good for San Francisco. Help us understand,” he said, noting that such a election especially hurts minority groups and other progressive constituencies that don’t vote as reliably as conservatives. “Why should Christina Olague have anything to do with it? You and the rest of San Francisco deserve an answer.”

Meanwhile, Davis recently won the endorsement of local Democratic Party Chair Aaron Peskin, while fellow progressive candidate John Rizzo announced his endorsement by Assembly member Tom Ammiano. And there are rumors that some prominent progressives who have already endorsed Olague are considering withdrawing their endorsements because of her recent behavior.

All of which make for some interesting dramas going into Tuesday’s RCV vote.

The malling of San Francisco

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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.”

What if the mayor lied?

16

EDITORIAL The case Mayor Ed Lee is presenting to the Ethics Commission is no longer about whether Sheriff Ross Mirkarmi injured his wife, Eliana Lopez, or whether his actions were atrocious and unacceptable. Those facts are not in dispute — although Mirkarimi pled guilty to a less-serious misdemeanor, he has not denied that he grabbed Lopez’s arm and squeezed hard enough to leave a bruise. Even his strongest defenders aren’t condoning that or dismissing the seriousness of this incident of domestic violence.

Much of the evidence Lee has presented goes to different issues — for example, the allegation (so far, without any proof) that Mirkarimi sought to dissuade witnesses from coming forward .

And formally, the question Lee is raising is a larger one: Did Mirkarimi’s action rise to the level of official misconduct — or, in the words of Lee’s testimony, did his conduct “fall below the standard of decency, good faith, and right action that is impliedly required of all public officials?”

Now Lee is facing that same question. It’s something the commission needs to address — not only because it goes to the heart of this particular case but because the public has a right to know if the mayor of San Francisco lied under oath on the witness stand.

In fact, now that two credible witnesses — one a city commissioner, the other a former supervisor — have made public statements that indicate Lee was dishonest in his testimony, the District Attorney’s Office should open an investigation. Perjury is a felony crime — and while it’s hard to prove, there are critical facts that are missing. The only witnesses who have direct (non hearsay) corroboration have been unwilling to discuss the matter in detail, and only the DA and Ethics have the ability to issue subpoenas and ask them the key questions under oath.

Lee testified that he hadn’t discussed the case or his deliberations over filing charges with any member of the Board of Supervisors. But Building Inspection Commission member Debra Walker told reporters that her friend and ally, Sup. Christina Olague, had recounted having a conversation with the mayor on that topic right before the charges were filed. Olague denies that, but has declined further comment.

Then Lee testified that he never offered, or authorized anyone in his office to offer, a job to Mirkarimi in exchange for his resignation. Former Sup. Aaron Peskin says Lee ally Walter Wong approached him and asked him to convey exactly such an offer to the sheriff on behalf of the mayor. Peskin recalls the exact date, time and place of his meeting with Wong, and he mentioned the offer to Guardian reporters long before this trial began. Wong has declined to speak to reporters.

So at the very least, there are grounds for the commission members to allow Mirkarimi’s lawyers to question Olague and Wong — and if either of them contradicts the mayor’s sworn statement, it would raise serious doubts about Lee’s credibility. And that’s central to the official misconduct case: Mirkarimi’s lawyers argue that the sheriff was never given due process and that the mayor never tried to learn Mirkarimi’s side of the story. The mayor says Mirkarimi refused to tell that story. The commission vote could hinge on that dispute — and if Lee lied about other parts of his testimony, it would be fair to question everything he said. And if Lee can’t hold himself to the standards of decency and good faith, the voters need to know that.

And whatever the outcome, it’s clearly time for the supervisors to look at the City Charter section on official misconduct. Because the current law allows the mayor to suspend and charge any elected official in the city, entirely on his or her own discretion — but there’s no way (short of a recall election) to charge, impeach, suspend or remove the mayor. It’s an imbalance that gives the chief executive extraordinary powers with little accountability. That’s not good government.