Newsom

Developers should pay — on time

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OPINION San Francisco used to be an eclectic city, filled with working class folks, people of color, lots of artists, and families. But that’s changed dramatically. The black population has dismally plummeted, to 6.3 percent, according to the most recent census. Families of color are streaming out, expensive condos and sky-high rentals are shooting up, and the unique mix that once was the city and made it such a diverse and culturally rich place to live and thrive is changing.

Three years ago, then-Mayor Gavin Newsom decided that private developers in San Francisco needed a local stimulus boost. The housing bubble had burst and taken the economy down with it, but Newsom wanted to ensure that private development in the city continued. So he proposed that private developers be allowed to defer paying the neighborhood impact fees on their projects, thus delaying funding for safety-net programs that help existing residents of working class neighborhoods fight displacement.

His proposal passed in 2010, and since then the Eastern Neighborhoods, SoMa, and the Octavia/Market Area have seen an upswing in private development projects coupled with rising eviction rates and housing costs, while affordable housing throughout the city becomes harder and harder to find. Because neighborhood impact fees were deferred services that would help vulnerable populations were underfunded by a total of almost $53.5 million — in 2011-2012 alone.

That lost money impacted affordable housing construction, affordable child care, development of parks and other types of open spaces, infrastructure and pedestrian-safety measures, neighborhood schools and libraries, and eviction prevention services.

Meanwhile, out-of-town private development companies are set to make millions of dollars building high-end rental units and luxury condominiums that the average San Franciscan can’t afford.

Given that private market-rate residential development in San Francisco is speeding up regardless of displacement dangers, it’s even more necessary today to strengthen and sharpen the tools our neighborhoods have for fighting displacement.

A longstanding question for San Francisco has been how to keep it from becoming a place where only the very wealthy can afford to live while the rest of us have to commute in to the city that we work in and love. Now as we field off another local housing boom fueled by speculation, we are faced again with needing to ensure that we prioritize San Franciscans over profit.

That’s why tenant groups, affordable housing advocates, and San Franciscans fighting for the right to stay in their city will be urging the Planning Commission to end the fee deferrals. The Planning Department staff has studied the issue and recommends that the Newsom program be allowed to expire; that would bring back the funds needed to invest in the vitality and vibrancy of our neighborhoods.

Come join us in helping get San Francisco’s priorities back on track at the Planning Commission meeting Thursday June 13th at 12pm in room 200 of City Hall. Private development is not worth more than the well being of working class communities, immigrants, families, LGBTQ, and tenant communities.

Maria Zamudio is a housing rights organizer for Causa Justa: Just Cause

Rival condo conversion measures finally up for board vote

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Controversial condominium conversion lottery bypass legislation is finally headed for a vote by the full Board of Supervisors this Tuesday. Befitting legislation that has stirred strong emotions and traveled a twisting political path over the last six months, there are new dramas and uncertainties cropping up at the last minute, including the lingering unknown of where Mayor Ed Lee stands.

Originally co-sponsored by Sups. Mark Farrell and Scott Wiener, the legislation was intended to allow 2,000-plus tenancy-in-common owners to buy their way past the city’s lottery that allows 200 conversions to condominiums each year. But tenant groups and their progressive allies strenuously opposed the idea, and it was amended by Sups. David Chiu, Jane Kim, and Norman Yee working with tenants to couple the bypass with a 10-year moratorium on new conversions, thus clearing the backlog without opening the door to speculators taking more rent-controlled apartments off the market.

The Land Use Committee voted June 3 (2-1, with Chiu and Kim voting yes and Wiener opposed) to send the tenant-supported legislation to the full board and keep a Wiener-backed rival measure stuck in committee. But since then, Wiener invoked a board rule allowing four supervisors to pull the stalled legislation out of committee, getting Farrell and Sups. Katy Teng and London Breed to place that rival measure on Tuesday’s agenda as well.

Tenant groups decried the move and have put out the call for supporters to flood City Hall for the 2pm meeting, but Wiener told us that the differences in the two pieces of legislation are minor. One difference deals with whether transfers of ownership interest will affect an applicant’s spot in the queue and the other involves the so-called poison pill inserted by tenant groups, which would freeze the conversion process if anyone challenges the legislation in court, as real estate interests have threatened to do.

Wiener said the tenant-backed legislation’s changes to condo conversion eligibility, such as a 10-year wait period and banning future conversions of buildings with more than five units, that would remain in place after a successful legal challenge is an unfair overreach. But Chiu said tenant groups have already compromised as much as they can and they need this protection: “This is a carefully constructed compromise, and for the first time tenants groups are supporting thousands of condo conversions.”

Breed’s concerns about the poison pill provision — which was why she said she went along with Wiener’s play to bring up the rival measure — go even beyond Wiener’s. While most concerns involved a lawsuit from real estate interests, Breed worries about a pro-tenant litigant who wants to stop all condo conversions.

“If anyone chose to sue, it would help renters by shutting down everything completely. Where is the incentive not to sue?” Breed told us, noting that she still doesn’t have a solution to the problem, but she wanted the leverage of rival measures in order to address the issue. “I’m hoping it’s a win-win for renters and TIC owners,” she said. “Everyone else is not my concern right now.”

But the real estate interests will almost certainly try to preserve an ability for speculators to continue funneling more rent-controlled apartments into the real estate market, and just yesterday, the San Francisco Association of Realtors announced the hiring of an influential new point person on lobbying and housing issues: Mary Jung, a former spokesperson for then-Mayor Gavin Newsom before moving over to represent PG&E, and who was last year elected chair of the Democratic County Central Committee.

That could make a difference when it comes to Mayor Lee, who has resisted efforts by both sides to weigh in on the issue, saying only that he supports both tenants and TIC owners and that he understands the concerns about opening the door to a flood of new conversion requests.

“The one wild card here is no one know where the mayor is,” Wiener told us, noting that neither side is likely to get the eight votes that would be needed to override a veto. “The mayor, if he wanted to, could have significant leverage in crafting a compromise.”
Chiu said that he’s confident that his version of the legislation has the six votes needed to pass, but that it is still unclear what Mayor Lee will support, despite Chiu asking Lee to weigh in publicly in February and privately during a meeting yesterday. As Chiu told us, “We’ll see.”

The adulation of the technoriche

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It’s hardly news at this point that billionaire tech mogul Sean Parker tore up a public campground to build the sets for his $10 million fantasy wedding in Big Sur. And it’s been widely reported that Parker paid a $2.5 million fine to the Coastal Commission, which he tried to spin as a wonderful environmental gift to improve the state park system.

But I read with interest in the Chron that both Lite Guv Gavin Newsom and Attorney General Kamala Harris were reportedly at the wedding. Both are very smart people; both have the ability to observe the world around them. So I have to wonder:

Didn’t either Newsom or Harris think it was a little bit odd to see all this new development in a protected area? Did it occur to either of them that their richy-rich-rich pal, who has a history of snubbing laws he doesn’t like, might have done the same thing here?

Could the state’s top law-enforcement official and a member of the state Lands Commission really look at artificial ponds and large new structures, which involved bulldozers to create, and not say:

Huh? Aren’t there rules against this sort of thing?

Okay, it was a wedding, and nobody wants to be the one to throw the turd in the punchbowl. The politician guests were there to celebrate with a person who is capable of helping to fund future campaigns (and since both Harris and Newsom are considered possible candidates for governor when Jerry steps down, I bet they had a great time together).

But didn’t either of them feel at least a little weird about it?

I called Newsom’s office and left a message for Dierdre Hussey, his press person. She hasn’t called back. Nick Pacilio in Harris’s office told me someone would get right back to me; hasn’t happened yet. So we don’t know what the two were thinking.
But I do know this: The level of adulation of the technoriche has reached levels we haven’t seen since the Gilded Age.

Technology columnist James Temple puts it this way:

To the outside observer, Parker’s actions look like contempt for the piddling rules that we non-billionaires can’t buy our way around. And they certainly do nothing to alter the increasingly popular local view of the tech class as selfish and aloof, conspicuously relishing their venture capital rounds and IPO winnings, as a growing portion of the Bay Area population struggles to make the skyrocketing rents.

And politicians seem to adore the most selfish and aloof (and clueless) among them.

Take Mayor Ed Lee’s comments about Airbnb. The company is clearly cheating on its taxes. The city treasurer investigated the situation and ruled unequivocally that airbnb needs to collect and remit the Transit Occupancy Tax money that should be charged on its rooms.
When Michael Krasny asked the mayor on Forum about the issue, Lee defended airbnb (which is funded by his buddy Ron Conway), saying that the company is just “making arguments” about whether it owes the tax.

But that’s just false: The arguments are over. The company argued with the tax collector and lost. And it isn’t arguing anywhere anymore — not in court, not in the political sector. It’s just …. not paying. And because it’s a tech company, and Conway is nurturing it, the mayor seems just fine with that.

It appears that big corporations are big corporations. They may claim that they won’t be evil, and they may be headed by people in their 20s who dress like hipsters, and they may make really cool products — but their operating just like the robber barons of old. And the great wealth they’ve created has, to a great extent, also created great arrogance.

Before the trolls accuse me of fomenting class warfare, let me repeat: I didn’t start this war. I didn’t rig the political and tax systems so that the middle class would be wiped out as all of the net new wealth in a generation goes to the top 1 percent. I’d much prefer we all share in the bounty, as the middle class and working class did in the post-War era.

Meanwhile: Does anyone really need a $10 million wedding in a state park?

Philip Glass at 75: an intoxicating series, live scores to ‘La Belle et la Bête’ and more

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Last June, legendary composer Philip Glass treated our fair city to a one-off collaborative performance with indie-folk visionary Joanna Newsom. Just two months ago, he made a joint appearance with Beach Boys collaborator and eccentric songsmith Van Dyke Parks, in NYC. Last weekend, Glass paid SF another visit with a career retrospective festival, featuring live productions of two original, highly influential film scores. Glass is no ordinary composer, and even at the age of 75, his prolificacy and flair for innovation challenge that of any working musician.

With the official Philip Glass Ensemble in tow, the Glass at 75 festival featured live performances of two of the composer’s most celebrated movie scores, played in conjunction with screenings of their respective films: Godfrey Reggio’s influential audiovisual spectacular, Koyaanisqatsi (1983), and Jean Cocteau’s early “Beauty and the Beast” adaptation, La Belle et la Betê. (1947/1994).

After studying music in Paris, and transcribing Ravi Shankar’s compositions into Western notation to make a living, Glass would go on to assemble one of the most mind-bogglingly diverse back-catalogues of any composer in history, ranging from early explorations of classical minimalism, to collaborations with David Bowie and Allen Ginsberg, to stacks of operas, symphonies, ballets, and film scores.

Yet, in a career defined by resistance to classification, Glass’ wildly revisionist soundtrack for La Belle et la Betê remains his most categorically ambiguous work, and an anomaly in the world of composition. After gaining permission from the Cocteau estate in ’93, Glass superimposed an opera atop the entire length of the film, revamping the music completely, and replacing each line of spoken dialogue with operatic vocals. An international tour followed, featuring silent screenings of the film, accompanied live by the Philip Glass Ensemble on synthesizers, woodwinds, and vocals.

The ensemble’s three performances of La Belle this past weekend put Glass’ radical act of synchronization on full display, and the result was intoxicating. Unusually immediate and approachable for a Glass production, “La Belle” sported greater melodic range than the composer’s more aggressively minimalist works (see Koyaanisqatsi), with the dynamic jolt of live vocals cutting through the music’s often meandering flow. Dominated by richly atmospheric, intertwining synth arpeggios, Glass’ score effortlessly mirrored the film’s emotional complexity, its lushness accentuated by comparison to the antiquity of Cocteau’s black-and-white production aesthetic.

With the film projected up high, the ensemble playing below, and four plainclothes opera singers situated on either side of the stage, the result was a meta-opera of sorts, rejecting the pageantry of your average stage production in favor of displaying a raw, unadorned creative process. Yet, despite the austerity of the presentation, and the impulse to passively observe the creative process in action, there was no shortage of musical sublimity to be swept up by: from the pillowy synth tones, to the added texture of flutes, clarinets, and saxes, to the synchronization of singers onstage and actors onscreen that, at times, bordered on transcendence. The final product was as novel, transportive, and involving as any stage production I’ve seen in recent years.

While it didn’t quite live up to the standard set by La Belle, the Glass Ensemble’s production of Koyaanisqatsi was incredibly stimulating, as well. The result of a collaboration with experimental filmmaker Godfrey Reggio, Koyaanisqatsi (a Hopi term for “unbalanced life”) made a huge cultural impact upon its release in ’81, weaving disparate film footage and Glass’ signature minimalism into a multimedia experience, whose impressionistic, plotless structure would prove highly influential in the years ahead.

As with La Belle, the Glass Ensemble performed the score live onstage, with identical instrumentation, and the film projected overhead. Most notably different was Glass’ presence onstage; while absent from La Belle, he operated one of five synths during Koyaanisqatsi, primarily hitting bass tones that brought a nice, visceral thump to the proceedings.

The score, while synth-heavy like La Belle, was far more characteristic of Glass’ minimalistic period, opting for mantraic vocals and emphasizing repetition, as opposed to the fiery energy of the opera format. Alternately free-flowing and mechanical, Glass’ minimalist structures provided a fitting musical context for the film’s central theme of nature vs. industry, emulating the roaring waves of the ocean in one section, and the unrelenting automation of a hot-dog factory in another. Apart from a few misplaced vocal phrases, the Glass ensemble performed the score flawlessly, making the ultimate experience of a film designed to be “experienced” in the first place.

While no two compositions could appropriately encapsulate Glass’ wildly diverse career, his ensemble’s productions of La Belle and Koyaanisqatsi were masterfully performed, giving insight into the mind of a vividly imaginative composer, with little regard for genre boundaries or classical traditionalism. He might be 75 now, but with a new opera opening in London next month, a collaboration with Joanna Newsom in the rearview mirror, and a triumphant festival of film scores under his belt, Glass shows no signs of slowing down.

The Ro Khanna party

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The full press release follows:

 

 

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

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

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

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

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

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

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

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

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

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

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

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

How SF politics (and journalism) really works

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

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

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

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

Alvarez denied to investigators that ever happened.

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

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

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

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

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

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

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

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

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

 

 

 

Guest opinion: LGBT supporters of Bradley Manning

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Editor’s note: At least 24 LGBT community leaders and activists have signed on to the following statement in support of Bradley Manning as a Pride grand marshal.

Recently, it was announced that PFC Bradley Manning would be a grand marshal of the 2013 San Francisco Pride Celebration. We felt this decision was a bold and uplifting choice, bestowing a great honor on a young whistleblower being persecuted for following his conscience.

Much to our disappointment, two days later SF Pride board president Lisa Williams issued a separate announcement that the SF Pride board would not be honoring PFC Manning as a grand marshal after all.  It appears the SF pride board’s reversal was affected by criticism from a recently formed gay military rights group. 

We want the world to know that the SF Pride board’s decision is not reflective of the LGBTQ community as a whole, and that many of us proudly celebrate PFC Manning as a member of our community.  Unfortunately, the statements by Williams, and the group which originally advocated against PFC Manning as grand marshal, continue to perpetuate certain factual inaccuracies with regards to the military prosecution against him. 

The first inaccuracy would be that PFC Manning did not advocate for gay rights.  In fact, while serving in the military, PFC Manning experienced harassment and physical assault because of his perceived sexuality.  He responded by marching against Don’t Ask Don’t Tell in the DC pride parade, where he spoke to reporters about his position, in addition to attending a fundraiser with Gavin Newsom and the Stonewall Democrats so he could discuss the issue of homophobia in the military.  He told a friend in February of 2009 that his experience living under DADT and experiencing the oppression that entailed helped increase his interest in politics more generally.

LGBTQ activists fought hard for years to win the right to live free from the fear that we could be targeted with violence deemed acceptable to society at large, simply for being who we are.  We members of the LGBTQ community would like to stand in solidarity with others around the world who still must live in fear of violence and oppression, simply for being born into a particular group.

Contrary to SF Pride Board president Lisa Williams’s claim, no evidence has been presented that PFC Manning’s actions endangered fellow soldiers or civilians. In fact, the military prosecution has successfully argued in court that it isn’t required to provide such evidence, and former State Department spokesperson P.J. Crowley continues to insist that the “Aiding the enemy” charge is unwarranted. 

In a February 28, 2013, court statement, PFC Manning detailed the due diligence he performed prior to releasing materials to ensure this lack of harm, in addition to explaining,

“I believed the detailed analysis of the [Iraq and Afghanistan war log] data over a long period of time by different sectors of society might cause society to reevaluate the need or even the desire to even to engage in counterterrorism and counterinsurgency operations that ignore the complex dynamics of the people living in the affected environment every day.”

The truth is that President Bush and VP Cheney’s aggressive wars in the Middle East endangered far more LGBTQ service members and civilians than any Army whistle-blower.  Unlike PFC Manning, however, they have never served prison time, and likely never will.

Millions of people around the world support Bradley for the personal risk he took in sharing realities of complicated U.S. foreign conflicts with the American people.  He is the only gay U.S. serviceperson to be nominated three times for the Nobel Peace Prize.  In joining the Army, soldiers take an oath to protect the U.S. Constitution, and we believe that by his actions PFC Manning strengthened our democracy, and fulfilled that oath to a greater degree than most enlisted.

We are proud to embrace PFC Bradley Manning as one of our icons, and intend to march for him in pride contingents across the country this year, as we have in years past.  We think Bradley Manning sets a high standard for what a U.S. serviceperson, gay or straight, can be.

Lt. Dan Choi, 2009 SF Pride Celebrity Grand Marshal, anti-DADT activist
Joey Cain, 2008 SF Pride Community Grand Marshal, former Board Member and President of SF Pride
Gary Virginia, 2012 SF Pride Community Grand Marshal
John Caldera, Commander, Bob Basker Post 315ED, American Legion, SF Veterans For Peace
Peter Tatchell, Peter Tatchell Foundation
Glenn Greenwald, award-winning journalist
Leslie Feinberg, transgender author and activist
Minnie Bruce Pratt, award-winning poet, activist and educator
Dossie Easton, Therapist and Author
Susie Bright, public speaker, educator, writer
Andy Thayer, co-founder, Gay Liberation Network
Becca von Behren, Staff Attorney, Swords to Plowshares Veterans Service Organization
Stephen Eagle Funk, Artistic Director, Veteran Artists
Liz Henry, poet and activist
Lori Selke, author and activist
Rainey Reitman, Steering Committee, Bradley Manning Support Network
Sergei Kostin, Codepink Art Director
Kit Yan, Queer & Trans Asian American Poet
Lori Hurlebaus, Civilian-Soldier Alliance, SF Chapter; Co-founder, Courage to Resist
Evan Greer, radical queer riotfolk musician
Pat Humphries, Emma’s Revolution
Sandy Opatow, Emma’s Revolution
Pamela Means, award-winning OUT musician
Malachy Kilbride, Coordinating Committee, National Campaign for Nonviolent Resistance
Oliver Shykles, Queer Friends of Bradley Manning
Gabriel Conaway, equality activist, Steering Committee of SAME
Adele Carpenter, Civilian-Soldier Alliance, SF Chapter

Love spells trouble

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emilysavage@sfbg.com

TOFU AND WHISKEY The twin star driving forces behind Bleached (hellobleached.tumblr.com) have been around. Not in a cruising with delinquents kind of way, but that’s probably where their music is best blasted — careening down the California coast in a shiny convertible with a shitty ex-lover or two, rooftop down, an open bag of Flamin’ Hot Cheetos, lipstick-stained cola can, and the stereo crackling.

Really though, being around more refers to the basic facts that singer-guitarist Jennifer Clavin and bassist Jessie Clavin have been playing music together for a long time, since junior high, and have toured nearly as long. More so, they’ve been connected since birth — they’re sisters who grew up together in the sleepy San Fernando Valley and reached for instruments partially out of boredom and isolation.

Their first notable band was early Aughts-born Mika Miko, which became known for its near-residency at formerly grimy downtown LA venue the Smell — and its frenetic live shows on tour with bands like the Gossip and No Age.

“Mika Miko was a mutual breakup,” younger sister Jessie says with a casual Valley girl affect from the dusty tour road between El Paso and Austin, Texas. “It ended because everyone wanted to do something else, go different directions. But me and Jen still wanted to play music together.”

They began slowly picking up the pieces for Bleached shortly after Mika Miko’s 2010 breakup and released three well-received seven-inches, but had yet to debut a proper LP until just recently. On April 2, they unfurled a melodious, punks-in-the-sun full-length, the punchy pop Ride Your Heart on Dead Oceans. On tour promoting the new record, Bleached will be in San Francisco Sun/5 at the Independent, 628 Divisadero, SF. www.theindependentsf.com.

So while Jen and Jessie are blood-related and forever sonically entwined, there’s an exhilarating feeling of something new afoot at this very moment in time. “I feel like it’s a new little chapter right now for us,” Jessie says. “For so long we were just like, playing live shows with songs from the seven-inches, and that’s basically all people really knew. So now that it’s out, this tour just feels really exciting — people are going to have the record, they’ll know what to expect.”

“At the beginning [of Bleached] everyone was comparing us to every current girl band, but not anymore, maybe now that our record came out, that’s why it’s changed.”

The rock’n’roll record hints at early punk like the Ramones around its edges on opener “Looking for a Fight,” but that’s washed away with cooling waves of jangly California surf pop melodies and mid-century teen dream vocals on songs like “Dreaming Without You” and “Dead Boy.” And despite the inherent upbeat nature of the tracks, much of the lyrics in songs like “Love Spells” and “When I Was Yours” reflect a somewhat darker time for singer Jen, who moved to New York briefly between the fall of Mika Miko and rise of Bleached. Suffice to say, she’s not singing about her cats or whatever.

In NYC she joined the band Cold Cave, desperately missed her sister, dated the wrong kind of boy, and wrote breakup songs for the band she’d soon reform back on the West Coast. “I was going through a really rough time,” Jen says as Jessie passes her the phone. “I moved back to LA and stayed in [our] parent’s house in the desert for a month…and locked myself in my room, kept myself distracted by writing a bunch of songs.”

Ride Your Heart was recorded and produced last fall in various studios in Burbank and at Bedrock LA in Echo Park. At the time, Jen was listening to a lot of Blondie (there’s a song on the album called “Waiting By the Telephone”), and both sisters survived on a steady diet of Bowie — Ziggy Stardust era — along with the the Stones, Velvet Underground, and the Kinks. “We communicate better when we know exactly what we’re listening to,” Jessie says.

And communication is key to any relationship, particularly the mythic sibling-bandmate dynamic. Though this one seems far less tumultuous then those widely discussed rock’n’roll brotherhoods. “We’ve been doing this for so long. It helps to work through it and get stronger,” says Jessie. That connection was tested when Jen was in New York. While she was with Cold Cave, she was still occasionally working on songs for an early version of Bleached, but the distance was too great. “We were trying to still write back and forth, but it was just difficult, it wasn’t the same as when we’re in the room together and start playing and Jen starts singing and has the melody. It just didn’t work out.”

Now, Jen lives in Hollywood, walking distance from the Universal backlot, and Jessie lives in Silverlake. The local LA bands they listen to are most frequently their friends’ acts, including Pangea and Audacity, and they like Oakland’s Shannon and the Clams, and other Burger Records acts. As is the current zeitgeist, Jessie says Bleached might soon be doing a tape with Burger too.

“We grew up with mixtapes. I definitely remember first hearing the Germs [that way],” Jessie says. “I was transitioning from listening to like, KROQ alternative to like, underground, but then I’d go to school in a Germs shirt and think I was really cool.”

Laughing, she adds, “Well I wouldn’t say cool, but definitely different.”

 

STEREO TOTAL

Oui! The multilingual French-German power-pop duo Stereo Total is back with a new album, Cactus Versus Brazel on Kill Rock Stars, packed with the expected adorable electro ditties, and a rejuvenated je ne sais quoi. With Super Adventure Club, Giggle Party.

Wed/1, 8pm, $15. Rickshaw Stop, 155 Fell, SF. www.rickshawstop.com.

 

MARIEE SIOUX

Crystalline psych-folk crooner Mariee Sioux’s twinkly followup to debut Faces in the Rocks (2007), Gift for the End was released a whole year ago, but there was never a proper SF release party (and there was some drama with the label it was supposed to be on going defunct) so the local songwriter is celebrating now. It’s a haunting, whispery, tender album, like a less annoying Joanna Newsom selection, and deserving of attention — no matter if that’s taking place on a much later date. With Alela Diane, Conspiracy of Venus.

Thu/2, 8:30pm, $16. Great American Music Hall, 859 O’Farrell, SF. www.slimspresents.com

 

MIKE PATTON/WAXWORKS

Experimental contemporary live music always seems to creep its way into the SF International Film Festival. And who better to bring weirdo sound experiments than the current king of such things: Mike Patton. The operatically inclined Patton, perhaps best known as the debonaire genius behind Faith No More and Mr. Bungle (and recently as songwriter for the film The Place Beyond the Pines), will appear alongside three percussionists: Scott Amendola, Sleepytime Gorilla Museum’s Matthias Bossi, and William Winant at the Castro. The quartet, which has never before performed in this arrangement, will play an original score to 1924 German expressionist silent film, Waxworks.

Tue/7, 8:30pm, $22–$27. Castro Theater, 429 Castro, www.sffs.org.

 

Newsom calls for marijuana legalization

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For all his flaws, Gavin Newsom has never shied away from taking a stand or showing leadership on emerging issues, particularly when the politicians are lagging behind public opinion. As mayor, he did it on same-sex marriage, temporary public art, and taking street some space from cars. And today, as the state’s lieutenant governor, he is calling for an end to marijuana prohibition.

“It is time for California to decriminalize, tax and regulate marijuana and decide who sells it, who can buy it legally, and for how much. When California became the first state to approve medical marijuana, we led the nation on progressive drug policies, and now it is time to lead again,” Newsom wrote in a Huffington Post column that was posted last night.

Newsom recites a case for legalization that the public has long supported, particularly here in California, citing how damaging and expensive it is to wage “war” on a substance that most Californians know is less harmful than alcohol or tobacco, peppering his column with compelling stats like this: “The U.S. leads the world in the incarceration of its citizens, with less than 5 percent of the world’s population but almost 25 percent of the world’s incarcerated population.”

The Drug Policy Alliance amplified Newsom’s column with a press release today, calling for other politicians to follow his lead and finally remove marijuana from its federal listing as a Schedule One narcotic, “where is current sits alongside heroin,” as Newsom noted. He closes by writing: “There is no reason why California cannot set the example for the nation in responding to drugs in a rational and sensible way. It is time to be bold enough to consider the science and the examples set forth by other states and nations. The time has come to decriminalize, tax and regulate marijuana — anything less is not enough.”

Drug Policy Alliance Executive Director Ethan Nadelmann praised the stand, writing, “What I find remarkable is that not one sitting governor or U.S. senator has spoken out in favor of legalizing marijuana notwithstanding the fact that a majority of Americans now support that approach. But I am confident that it’s only a matter of time until elected officials follow in Gavin Newsom’s bold footsteps as they did with marriage equality.”

Indeed, when Newsom unilaterally began issuing marriage licenses to same-sex couples in 2004, it was opposed by then-House Speaker Nancy Pelosi, US Senator Dianne Feinstein (in fact, all but two US Senators), and the official platforms of both major parties. Today, after a rapid upwelling of political support, it is supported by President Obama and half of the US Senate and it may be on the verge of being legalized by the US Supreme Court (we find out next month). Newsom showed foresight on that issue, and he’s doing so again with marijuana.

Washington and Colorado voters legalized recreational uses of marijuana last year, and they are well on their way to reviving their economies promoting what is already California’s top cash crop, despite its strained legal status. In fact, we also got a press release today from Gaynell Rogers, who handles public relations for Harborside Health Center, the Oakland medical marijuana dispensary that is currently waging an expensive fight for its life after a federal raid.

“Investors Gather to Fund the Most Promising Marijuana Companies in Seattle,” was the headline of a press release about an April 29 event where 40 wealthy investors will “hear pitches from the top entrepreneurs in the hot, new legal cannabis industry,” an event hosted by ArcView Investor Network, which includes many tech entrepreneurs and investors.

“Cannabis is the next great American industry,” said ArcView co-founder and CEO Troy Dayton. “Now that a majority support legalization, a geyser is about to go off. The question is: which companies will be seated on top of it? That is what’s being decided at this investor event.”

Similarly, as California wrestles with tight budgets and a overcrowded prison system, can we really afford to continue wasting money and lives criminalizing such an industry that already is already an important part of the state’s economy? Newsom says no, and so do we.

Indicator city

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steve@sfbg.com

When biologists talk about the health of a fragile ecosystem, they often speak of an “indicator species.” That’s a critter — a fish, say, or a frog — whose health, or lack thereof, is a signal of the overall health of the system. These days, when environmentalists who think about politics as well as science look at San Francisco, they see an indicator city.

This progressive-minded place of great wealth, knowledge, and technological innovation — surrounded on three sides by steadily rising tides — could signal whether cities in the post-industrial world will meet the challenge of climate change and related problems, from loss of biodiversity to the need for sustainable energy sources.

A decade ago, San Francisco pioneered innovative waste reduction programs and set aggressive goals for reducing its planet-cooking carbon emissions. At that point, the city seemed prepared to make sacrifices and provide leadership in pursuit of sustainability.

Things changed dramatically when the recession hit and Mayor Ed Lee took office with the promise to focus almost exclusively on economic development and job creation. Today, even with the technology and office development sectors booming and employment rates among the lowest in California, the city hasn’t returned its focus to the environment.

In fact, with ambitious new efforts to intensify development along the waterfront and only lackluster support for the city’s plan to build renewable energy projects through the CleanPowerSF program, the Lee administration seems to be exacerbating the environmental challenge rather than addressing it.

According to conservative projections by the Bay Conservation and Development Commission, the Bay is expected to rise at least 16 inches by 2050 and 55 inches by the end of the century. BCDC maps show San Francisco International Airport and Mission Bay inundated, Treasure Island mostly underwater, and serious flooding the Financial District, the Marina, and Hunters Point.

Lee’s administration has commissioned a report showing a path to carbon reduction that involves promoting city-owned renewable energy facilities and radically reducing car trips — while the mayor seems content do the opposite.

It’s not an encouraging sign for Earth Day 2013.

 

HOW WE’RE DOING

Last year, the Department of the Environment hired McKinsey and Company to prepare a report titled “San Francisco’s Path to a Low-Carbon Economy.” It’s mostly finished — but you haven’t heard much about it. The department has been sitting on it for months.

Why? Some say it’s because most of the recommendations clash with the Lee administration’s priorities, although city officials say they’re just waiting while they get other reports out first. But the report notes the city is falling far short of its carbon reduction goals and “will therefore need to complement existing carbon abatement measures with a range of new and innovative approaches.”

Data presented in the report, a copy of which we’ve obtained from a confidential source, shows that building renewable energy projects through CleanPowerSF, making buildings more energy-efficient, and discouraging private automobile use through congestion pricing, variable-price parking, and building more bike lanes are the most effective tools for reducing carbon output.

But those are things that the mayor either opposes and has a poor record of supporting or putting into action. The easy, corporate-friendly things that Lee endorses, such as supporting more electric, biofuel, and hybrid vehicles, are among the least effective ways to reach the city’s goals, the report says.

“Private passenger vehicles account for two-fifths of San Francisco’s emissions. In the short term, demand-based pricing initiatives appear to be the biggest opportunity,” the report notes, adding a few lines later, “Providing alternate methods of transport, such as protected cycle lanes, can encourage them to consider alternatives to cars.”

Melanie Nutter, who heads the city’s Department of the Environment, admits that the transportation sector and expanding the city’s renewable energy portfolio through CleanPowerSF or some other program — both of which are crucial to reducing the city’s carbon footprint — are two important areas where the city needs to do a better job if it’s going to meet its environmental goals, including the target of cutting carbon emissions 40 percent from 1990 levels by the year 2025.

But Nutter said that solid waste reduction programs, green building standards, and the rise of the “shareable economy” — with Internet-based companies facilitating the sharing of cars, housing, and other products and services — help San Francisco show how environmentalism can co-exist with economic development.

“San Francisco is really focused on economic development and growth, but we’ve gone beyond the old edict that you can either be sustainable or have a thriving economy,” Nutter said.

Yet there’s sparse evidence to support that statement. There’s a two-year time lag in reporting the city’s carbon emissions, meaning we don’t have good indicators since Mayor Lee pumped up economic development with tax breaks and other city policies. For example, Nutter touted how there’s more green buildings, but she didn’t have data about whether that comes close to offsetting the sheer number of new energy-consuming buildings — not to mention the increase in automobile trips and other byproducts of a booming economy.

Tom Radulovich, executive director of Livable City and president of the BART board, told us that San Francisco seems to have been derailed by the last economic crisis, with economic insecurity and fear trumping environmental concerns.

“All our other values got tossed aside and it was all jobs, jobs, jobs. And then the crisis passed and the mantra of this [mayoral] administration is still jobs, jobs, jobs,” he said. “They put sustainability on hold until the economic crisis passed, and they still haven’t returned to sustainability.”

Radulovich reviewed the McKinsey report, which he considers well-done and worth heeding. He’s been asking the Department of the Environment for weeks why it hasn’t been released. Nutter told us her office just decided to hold the report until after its annual climate action strategy report is released during Earth Day event on April 24. And mayoral Press Secretary Christine Falvey told us, “There’s no hold up from the Mayor’s Office.”

Radulovich said the study highlights how much more the city should be doing. “It’s a good study, it asks all the right questions,” Radulovich said. “We’re paying lip service to these ideas, but we’re not getting any closer to sustainability.”

In fact, he said the promise that the city showed 10 years ago is gone. “Gavin [Newsom] wanted to be thought of as an environmentalist and a leader in sustainability, but I don’t think that’s important to Ed Lee,” Radulovich said.

Joshua Arce, who chairs the city’s Environmental Commission, agreed that there is a notable difference between Newsom, who regularly rolled out new environmental initiatives and goals, and Lee, who is still developing ways to promote environmentalism within his economic development push.

“Ed Lee doesn’t have traditional environmental background,” Arce said. “What is Mayor Lee’s definition of environmentalism? It’s something that creates jobs and is more embracing of economic development.”

Falvey cites the mayor’s recent move of $2 million into the GoSolar program, new electric vehicle charging stations in city garages, and his support for industries working on environmental solutions: “Mayor Lee’s CleantechSF initiative supports the growth of the already vibrant cleantech industry and cleantech jobs in San Francisco, and he has been proactive in reaching out to the City’s 211 companies that make up one of the largest and most concentrated cleantech clusters in the world.”

Yet many environmentalists say that simply waiting for corporations to save the planet won’t work, particularly given their history, profit motives, and the short term thinking of global capitalism.

“To put it bluntly, the Lee administration is bought and paid for by PG&E,” said Eric Brooks with Our City, which has worked for years to launch CleanPowerSF and ensure that it builds local renewable power capacity.

The opening of the McKinsey report makes it clear why the environmental policies of San Francisco and other big cities matter: “Around the globe, urban areas are becoming more crowded and consuming more resources per capita,” it states. “Cities are already responsible for roughly seventy percent of global carbon dioxide emissions, and as economic growth becomes more concentrated in urban centers, their total greenhouse gas emissions may double by 2050. As a result, tackling the problem of climate change will in large part depend on how we reduce the greenhouse gas emissions of cities.”

And San Francisco, it argues, is the perfect place to start: “The city now has the opportunity to crystallize and execute a bold, thoughtful strategy to attain new targets, continue to lead by example, and further national and global debates on climate change.”

The unwritten message: If we can’t do it here, maybe we can’t do it anywhere.

 

ON THE EDGE

San Francisco’s waterfront is where economic pressures meet environmental challenges. As the city seeks to continue with aggressive growth and developments efforts on one side of the line — embodied recently by the proposed Warriors Arena at Piers 30-32, 8 Washington and other waterfront condo complexes, and other projects that intensify building along the water — that puts more pressure on the city to compensate with stronger sustainability initiatives.

“The natural thing to do with most of our waterfront would be to open it up to the public,” said Jon Golinger, who is leading this year’s referendum campaign to overturn the approval of 8 Washington. “But if the lens you’re looking through is just the balance sheet and quarterly profits, the most valuable land maybe in the world is San Francisco’s waterfront.”

He and others — including SF Waterfront Alliance, a new group formed to oppose the Warriors Arena — say the city is long overdue in updating its development plan for the waterfront, as Prop. H in 1990 called for every five years. They criticize the city and Port for letting developers push projects without a larger vision.

“We are extremely concerned with what’s happening on our shorelines,” said Michelle Myers, director of the Sierra Club’s Bay Chapter, arguing that the city should be embracing waterfront open space that can handle storm surge instead of hardening the waterfront with new developments. “Why aren’t we thinking about those kinds of projects on our shoreline?”

David Lewis, director of Save the Bay, told us cities need to think less about the value of waterfront real estate and do what it can to facilitate the rising bay. “There are waterfront projects that are not appropriate,” Lewis said. Projects he puts in that category range from a scuttled proposal to build around 10,000 homes on the Cargill Salt Flats in Redwood City to the Warriors Arena on Piers 30-32.

“We told the mayor before it was even announced that it is not a legal use of the pier,” Lewis said, arguing it violated state law preserving the waterfront for maritime and public uses. “There’s no reason that an arena has to be out on the water on a crumbling pier.”

But Brad Benson and Diana Oshima, who work on waterfront planning issue for the Port of San Francisco, say that most of San Francisco’s shoreline was hardened almost a century ago, and that most of the planning for how to use it has already been done.

“You have a few seawall lots and a few piers that could be development sites, but not many. Do we need a whole plan for that?” Benson said, while Oshima praises the proactive transportation planning work now underway: “There has never been this level of land use and transportation planning at such an early stage.”

The Bay Conservation and Development Commission was founded almost 50 years ago to regulate development in and around the Bay, when the concern was mostly about the bay shrinking as San Francisco and other cities dumped fill along the shoreline to build San Francisco International Airport, much of the Financial District, and other expansive real estate plans.

Now, the mission of the agency has flipped.

“Instead of the bay getting smaller, the bay is getting larger with this thing called sea level rise,” BCDC Executive Director Larry Goldspan said as we took in the commanding view of the water from his office at 50 California Street.

A few years ago, as the climate change predictions kept worsening, the mission of BCDC began to focus on that new reality. “How do we create a resilient shoreline and protect assets?” was how Goldspan put it, noting that few simply accept the inundation that BCDC’s sea level rise maps predict. “Nobody is talking about retreating from SFO, or Oakland Airport, or BART.”

That means Bay Area cities will have to accept softening parts of the shoreline — allowing for more tidal marshes and open space that can accept flooding in order to harden, or protect, other critical areas. The rising water has to go somewhere.

“Is there a way to use natural infrastructure to soften the effect of sea level rises?” Goldspan asked. “I don’t know that there are, but you have to use every tool in the smartest way to deal with this challenge.”

And San Francisco seems to be holding firm on increased development — in an area that isn’t adequately protected. “The seawall is part of the historic district that the Port established, but now we’re learning the seawall is too short,” Goldspan said.

BCDC requires San Francisco to remove a pier or other old landfill every time it reinforces or rebuilds a pier, on a one-to-one basis. So Oshima said the district is now studying what it can remove to make up for the work that was done to shore up Piers 23-27, which will become a new cruise ship terminal once the America’s Cup finishes using it a staging ground this summer.

Yet essentially giving up valuable waterfront real estate isn’t easy for any city, and cities have both autonomy and a motivation to thrive under existing economic realities. “California has a history of local control. Cities are strong,” Goldspan said, noting that sustainability may require sacrifice. “It will be a policy discussion at the city level. It’s a new discussion, and we’re just in the early stages.”

 

NEW WORLD

Global capitalism either grows or dies. Some modern economists argue otherwise — that a sustainable future with a mature, stable economy is possible. But that takes a huge leap of faith — and it may be the only way to avoid catastrophic climate change.

“In the world we grew up in, our most ingrained economic and political habit was growth; it’s the reflex we’re going to have to temper, and it’s going to be tough.” Bill McKibben writes in Eaarth: Making a Life on a Tough New Planet. “Across partisan lines, for the two hundred years since Adam Smith, we’ve assumed that more is better, and that the answer to any problem is another burst of expansion.”

In a telephone interview with the Guardian, McKibben discussed the role that San Francisco could and should be playing as part of that awakening.

“No one knows exactly what economy the world is moving toward, but we can sense some of its dimensions: more localized, less material-based, more innovative; these are things that San Francisco is good at,” he told us, noting the shift in priorities that entails. “We need to do conservation, but it’s true that we also need to build more renewable power capacity.”

Right now, CleanPowerSF is the only mechanism the city has for doing renewable energy projects, and it’s under attack on several fronts before it even launches. Most of the arguments against it are economic — after all, renewable power costs more than coal — and McKibben concedes that cities are often constrained by economic realities.

Some city officials argue that it’s more sustainable for San Francisco to grow and develop than suburban areas — thus negating some criticism that too much economic development is bad for the environment — and Radulovich concedes there’s a certain truth to that argument.

“But is it as green as it ought to be? Is it green enough to be sustainable and avert the disaster? And the answer is no,” Radulovich said.

For example, he questioned, “Why are we building 600,000 square feet of automobile-oriented big box development on Hunters Point?” Similarly, if San Francisco were really taking rising seas seriously, should the city be pouring billions of dollars into housing on disappearing Treasure Island?

“I think it’s a really interesting macro-question,” Jennifer Matz, who runs the Mayors Office of Economic Development, said when we asked whether the aggressive promotion of economic development and growth can ever be sustainable, or whether slowing that rate needs to be part of the solution. “I don’t know that’s feasible. Dynamic cities will want to continue to grow.”

Yet that means accepting the altered climate of new world, including greatly reduced fresh water supplies for Northern California, which is part of the current discussions.

“A lot of the focus on climate change has moved to adaptation, but even that is something we aren’t really addressing,” Radulovich said.

Nutter agreed that adapting to the changing world is conversation that is important: “All of the development and planning we’re doing today needs to incorporate these adaptation strategies, which we’re just initiating.”

But environmentalists and a growing number of political officials say that San Francisco and other big cities are going to need to conceive of growth in new ways if they want to move toward sustainability. “The previous ethos was progress at any cost — develop, develop, develop,” Myers said, with the role of environmentalists being to mitigate damage to the surrounding ecosystem. But now, the economic system itself is causing irreversible damage on a global level. “At this point, it’s about more than conservation and protecting habitat. It’s about self-preservation.”

Mayor Lee’s trip to China raises questions of ethics and influence

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[UPDATED(x3)] Mayor Ed Lee barely had time to unpack from his recent political junket to Paris before he was off on his current trip to China – both of which were paid for and accompanied by some of his top political supporters and among the city’s most influential power brokers. No wonder Lee doesn’t have time to weigh in on Airbnb’s tax dodge, the condo conversion stalemate, or other important city issues.

Local good government advocate Charles Marsteller learned of the current China trip from Willie Brown’s column in Sunday’s San Francisco Chronicle, whose editors (including Editor Ward Bushee, who we’re still waiting to hear back from about this trip) consider it a “man about town” column immune from conflict-of-interest policies that normally require journalists to disclose who is paying them on the side.

“I’m here with Mayor Ed Lee for my seventh official visit,” Brown cheerfully wrote, although readers were left to wonder just what official business Brown might be conducting with our mayor and his entourage. So, being an expert on political disclosure laws, Marsteller went down to the Ethics Commission to pull the Form SFEC-3.216(d) that state law requires elected officials to file before leaving on trips paid for by outside interests.

But it wasn’t there, so Marsteller filed an official complaint with the commission, telling us, “I did so to impress upon our Elected and other City Officials the need to properly report gifts in a timely way and in the manner as called for by State law and on the forms provided by the SF Ethics Commission.” 

When we contacted mayoral Press Secretary Christine Falvey, she forwarded us a copy of the form that should have been filed before the trip and told us, “I’m not going to answer the question about why we failed to file the appropriate forms with the Ethics Commission, as we worked closely with the City Attorney’s office to exceed reporting requirements by all appropriate deadlines.” [UPDATE: The time stamp on the form indicated it was filed on May 25, before the trip, even though it wasn’t publicly available at the Ethics Commission office when Marsteller went down to look for it].

The form indicates that Lee’s portion of the trip was paid for by the San Francisco Chinese Chamber of Commerce, whose influential leader Rose Pak conspired with Brown to get Lee appointed mayor more than two years ago. This is also the same Rose Pak who was admonished by the state’s Fair Political Practices Commission for illegally funding another political junket to China in 2009 with Sups. David Chiu and Eric Mar and then-Sup. Carmen Chu, who Lee appointed as Assessor earlier this year.

Those officials were forced to repay the expenses after the FPPC found that Pak, that time acting under the auspices of the Chinese New Year Festival Committee, was not allowed to make gifts exceeding $420 per official that year. “Please be advised that since the Chinese New Year Festival Committee is not an organization that falls under Section 501(c)(3) of the Internal Revenue Code, no public official may accept gifts of any type from this organization valued in excess of the applicable limit,” FPPC counsel Zachary Norton wrote in an Aug. 22, 2011 enforcement letter to Pak.

In other words, because this committee and “other 501(c)(6) chamber of commerce organization[s]” are in the business of actively lobbying top elected officials for favorable policies, rulings, and projects, they are barred by ethics law from giving them the gifts of big overseas political junkets. As Marsteller noted in his complaint letter, violations are punishable by fines of $5,000 per violation, or if they are “willful violations of the law” – which doing the same thing you were sanctioned for just two years ago certainly might be considered – the criminal penalties are $10,000 per violation or up to a year in jail.

Mayor Lee’s portion of the trip cost the Chamber $11,970, according to the form. But this time, to get around the FPPC restrictions, Pak seems to have passed the hat among various business elites to fund the trip. The mayor’s form shows that 41 people paid up to the current gift limit of $440 “to defray the cost of the mayor’s trip.”

They include Pak, Brown, four people from Kwan Wo Construction, three from American Pacific International Capital, two each from Boyett Construction, Young Electric, and Bel Builders, Harbor View Holdings Director Gorretti Lo Lui, and SF Immigration Rights Commissioner Sonya Molodetskaya – most of whom were also part of the trip’s 43-member delegation.

Among others who tagged along for the trip are Public Works Director Mohammed Nuru (who has a history of political corruption under Mayors Brown and Newsom and no clear business being on a Chinese trade delegation, but who doesn’t love a free trip?!), Kofi Bonner from Lennar Home Builders, Harlan Kelly with the SFPUC, Jay Xu with the Asian Art Museum, the wives of Lee and Bonner, Kandace Bender with San Francisco International Airport, and Mark Chandler with the Mayor’s Office of International Trade and Commerce.

It’s not clear who paid for those other public officials or even what they were doing there. [UPDATE: Department of Public Works spokesperson Rachel Gordon told us that Nuru paid for the trip himself, but that he’ll be studying China’s instrastructure, from its separated bikesways to greening of public rights-of-way, as well as meeting with Chinese businesses involved in the redevelopment of Hunter’s Point. “He’s been looking at a lot of the infrastructure in China,” Gordon said. “I expect a dozen if not more ideas when he returns.”] Then again, it also wasn’t clear why venture capitalist Ron Conway – Lee’s top campaign fundraiser and possible reason for publicly subsidizing big tech companies, including many that Conway funds – joined and helped sponsor Lee’s recent trip to Paris. This is just how business gets done in San Francisco.

“Willie Brown is the former Mayor of San Francisco,” Falvey told us when we asked why Brown was on the trip and what its purpose was. “The purpose of the trip is to promote San Francisco, its local manufacturing, cultural exchanges, he is signing an MOU and meeting with high level, new Chinese government officials.”

[UPDATE 4/5: Marsteller has withdrawn his complaint from the Ethics Commission alleging the mayor’s form wasn’t filed on time, but he and another citizen have filed separate complaints with the FPPC alleging the trip and its funding mechanism may violate the agency’s 2011 ruling against Pak.]

Mayor Lee’s mysterious breakfast companions [UPDATED]

See an update to this story below. San Francisco Mayor Ed Lee has been having breakfast with CEOs to seek millions in funding for the America’s Cup, but the identities of those CEOs remain a mystery.

At a City Hall hearing two weeks ago, America’s Cup Organizing Committee chief Kyri McClellan told supervisors that Lee has been “putting an incredible amount of energy” into fundraising to cover city costs for the America’s Cup. As the yacht race draws closer, pressure is building around an anticipated funding shortfall that could deal a blow to city coffers.

McClellan told supervisors that Lee was “holding breakfasts with CEOs” to raise money. Encouragingly, she added, “people are responding.”

So, who are the CEOs? And how much have they agreed to contribute? So far, nobody has disclosed that information.

Shortly after the hearing, the Guardian submitted a public records request to Lee’s office seeking documentation on the fundraising breakfasts and records showing the names and affiliations of the CEOs.

In response, we received several pages from the mayor’s calendar. Entries show that Lee held half a dozen meetings concerning “economic development,” with no mention of the America’s Cup. The mayor had a meeting at Waterbar, a restaurant on the Embarcadero overlooking the Bay Bridge, on the morning of Jan. 25; he had another meeting there Feb. 1; he met at the Hotel Vitale on Feb. 22; met at City Hall on Feb. 28; had breakfast at the St. Regis Hotel on March 1, and had lunch with someone at Original Joe’s on March 4. But there was no information disclosing whom he met with.

After receiving the documents, the Guardian left multiple voicemails with the mayor’s press office asking for the identities of the CEOs. So far, nobody has responded.

The request also yielded a fundraising form that asks prospective donors to “join the 2013 America’s Cup San Francisco Host Committee.”

Donors could opt to become a “Legacy Benefactor” for committing to give or raise $5 million; a “Legacy Partner” for $2.5 million; a “Strategic Partner” for $1 million, a “Civic Champion” for $500,000, or a mere “Member” for $250,000. Donors with questions or who wished “to connect with Mayor Lee” could call Stephanie Roumeliotes, the form noted. 

Roumeliotes is a prominent fundraiser and political strategist who provided financial consulting for the re-election campaigns of Senators Dianne Feinstein and Barbara Boxer. She was appointed to serve on the Golden Gate Concourse Authority, a part of the Recreation and Parks Department, by former Mayor Gavin Newsom.

A call to the number listed went to SGR Consulting, Roumeliotes’ firm. The receptionist declined to comment or to connect the Guardian with Roumeliotes, saying, “All press inquiries should be directed to the Mayor’s Office.”

UPDATE: We just received a voicemail from Christine Falvey, Mayor Lee’s press secretary, who told us “I don’t have a list of the attendees for those breakfasts. They were hosted by the America’s Cup Organizing Committee.” Which raises more questions, but in any case we placed a call to race organizers and will update again when we know more.

The “mystery” of the homeless families

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

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

No shit.

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

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

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

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

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

Tough questions asked on America’s Cup fundraising shortfall

At a March 13 subcommittee hearing called by Sup. John Avalos, representatives from the city’s Office of Economic and Workforce Development (OEWD), the America’s Cup Organizing Committee (ACOC) and others were called upon to explain why coordinators of the prestigious yacht race have failed to reach projected fundraising targets to defray city costs. If the fundraising goals aren’t reached, the city’s General Fund could weather a $13 million hit to cover costs for the sailing event.

San Francisco struck an agreement to host the sailing competition in 2010, following negotiations initiated under former Mayor Gavin Newsom with entities associated with Oracle Racing Team, owned by billionaire Larry Ellison. The events will culminate with a sailing match on the San Francisco Bay this coming summer.

Mark Buell, who chairs the board of ACOC, told supervisors original projections had pegged total event revenue at $300 million, with eight to twelve vessels competing in the race. Those projections have decreased dramatically, with only a handful of teams entering and other “unknowns” amounting to the fact that “revenues are not what we had hoped,” Buell explained. Yet he tried to put a good face on it, saying, “All told, I believe that the city will come out whole.”

Kyri McClellan, who became CEO of ACOC just after helping negotiate the deal to bring the America’s Cup to San Francisco at her previous job with OEWD, told supervisors that ACOC had hired a fundraising expert and launched an initiative called ONESF to kick up the fundraising efforts.

She added that Mayor Ed Lee was helping to secure funding commitments for the race, by “holding breakfasts with CEOs” and asking them to commit funding. Lee is “putting in an incredible amount of energy behind this,” McClellan said, “and people are responding.” She said Sen. Dianne Feinstein had also been involved in helping to secure funding for the sailing competition.

San Francisco Controller Ben Rosenfield provided a breakdown of the funding shortfall so far. An economic analysis conducted a year ago found that ACOC had $12 million cash in hand, he said, less than half the $32 million initially projected as what was needed to defray city costs. Only $13.9 million in pledges and documented cash can be accounted for thus far, Rosenfield added, and the committee has raised around $10 million less than it originally planned for at this stage of the game. “We found they’ve fallen short,” he explained. 

McClellan reported that an additional $1.1 million would be coming in, “from donors and pledges, between now and January of 2014.”

Mike Martin, tasked with leading the city’s involvement in the America’s Cup on behalf of OEWD, displayed a slide that seemed to paint a much rosier picture of the fundraising shortfall than the $20 million cited in recent media reports.

The total city budget projection for covering costs of the race is actually closer to $22 million, lower than the initially projected $32 million, according to his slide. So far the city has been reimbursed for $6.8 million of that, he said. But the next line on Martin’s slide subtracted “projected event-related tax revenues” pegged at around $13 million, apparently suggesting that the city would be made whole by increased tax revenue rather than by receiving an actual reimbursement payment to defray city costs. According to OEWD’s calculation, that makes the “remaining fundraising need” only about $2.67 million, according to Martin’s presentation.

“I don’t think it’s been the intent to say, let’s stop there,” Martin explained. “We have a few months to capitalize on the growing awareness and excitement about the event.”

Reached after the hearing, Sup. Avalos did not sound very excited by what he had heard in response to his inquiries. “It seems that the commitments that were made to the board in 2010 … are not being taken seriously,” Avalos said. “Now that they’re coming up short on fundraising efforts, they’re trying to say the General Fund should be subsidizing the cost of the race.”

From the Rocketship to Bay Lights, “temporary” is the key that unlocked public art in SF

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In the wake of The Bay Lights coming on to rave reviews and mesmerized gazes last week, next weekend the Raygun Gothic Rocketship will be taken down from the Pier 14 launch pad it’s occupied since 2010, the latest transitions in San Francisco’s trend of using temporary public art placements to bypass the protracted, emotional, and expensive battles that once defined the siting of sculptures on public lands in San Francisco.

By partnering with private arts organizations and calling the pieces “temporary” – even though almost all of them have been extended past their initial removal deadlines, sometimes by years – the San Francisco Arts Commission, the Port of San Francisco, and other local entities have allowed public art to flourish in the City.

The commission’s longtime public art director Jill Manton told us that temporary public art placements go back to the early ’90s, usually involving smaller pieces while big, years-long controversies continued to rage on over bigger pieces such as “the foot” that never went in on the Embarcadero, the Cupid’s Span piece that Don Fisher did finally place on the waterfront (and which many critics wish had been only a temporary placement), and a big, ill-fated peace sign in Golden Gate Park.

“It’s not as threatening to the public, not as imposing, so it doesn’t seem like a life-or-death decision,” Manton said of the trend toward temporary placements.

But the real turning point came in 2005 when then-Mayor Gavin Newsom, Manton, and other city officials began to embrace the Burning Man art world by bringing a David Best temple into Patricia Green in Hayes Valley, Michael Christian’s Flock into Civic Center Plaza, and Passage by Karen Cusolito and Dan Das Mann onto Pier 14 (a transition point that I chronicle in my book, The Tribes of Burning Man).

Each piece was well-received and had its initial removal deadlines extended. Since then, temporary placements of both original art and pieces that returned from the playa – including Cusolito’s dandelion in UN Plaza, the rocketship, Kate Raudenbush’s Future’s Past in Hayes Valley, and Marco Cochrane’s Bliss Dance on Treasure Island, which is now undergoing a renovation to better protect it against the elements during its longer-than-expected and now open-ended run – have enlivened The City.

“They get to rotate art and people get excited about what’s next,” said Tomas McCabe, director of the Black Rock Arts Foundation, a Burning Man offshoot organization that has helped with fundraising and logistics for most of the burner-built placements.

We spoke by phone on the afternoon of March 8 as he was working with Christian to install The Bike Bridge – a sculpture using recycled bicycle parts that local at-risk teens helped Christian build thanks to a grant from the National Endowment for the Arts – at the intersection of Telegraph and 19th in Oakland as a temporary placement.

The Bike Bridge will officially be unveiled on April 5 during the increasingly popular monthly Art Murmur, and the party will get extra pep from a conference of Burning Man regional representatives that is being held just down the block that day.

McCabe said the connection between Burning Man and the temporary art trend doesn’t just derive from the fact that Bay Area warehouses are filled with cool artwork built for the playa that is now just sitting in storage. It’s also about an artistic style and sensibility that burners have helped to foster.

“We try to help the art pieces have a life after Burning Man, but it’s more the style of community-based art that we promote,” McCabe said, noting that BRAF also helps with fundraising and other tasks needed to support these local art collectives. “We like to see the artists get paid for their work, we’re funny like that.”

Manton said there are currently discussions underway with San Francisco Grants for the Arts (which is funded by the city’s hotel tax) and other parties to put several large pieces built for Burning Man on display in either UN Plaza or Civic Center Plaza, a proposal Manton called UN Playa. “We bring the best of Burning Man to the city,” she said.

Most of the art placements in San Francisco have been labors of love more than anything, and a chance to win over new audiences. When the Five-Ton Crane crew and other artists placed the Raygun Gothic Rocketship on the waterfront in 2010, they had permission from the Port to be there for a year. Then it got extended for another year, and then another six months, and it will finally come down this weekend.

There will be final reception for the Rocketship this Friday evening (with music from the fellow burners in the Space Cowboys’ Unimog) and then the crane will come up on Sunday morning to remove it, in case any Earthlings want to come say hello-goodbye.

“The Rocketship and its crew have had a fantastic 2.5 years on display at Pier 14. Maintenance days were always a pleasure, giving us a chance to talk to people – and see the smiles and joy people got from the installation,” one of its artists, David Shulman, told us. “We’ve had tremendous support from, and would like to thank, the people of San Francisco, the Port of San Francisco, and the Black Rock Arts Foundation. But Pier 14 is intended for rotating displays, and we’re excited to see what comes next.”

Dan Hodapp, a senior waterfront planner for the Port district, said they don’t currently have plans for the site, although he said it will include more temporary art in the future. “The Port Commission and the public are supportive of public art at that location,” Hodapp told us. “But right now, we’re just reveling in the new Bay Lights and we’re not in a hurry to replace the Rocketship.”

Manton said The Bay Lights – the Bay Bridge light sculpture by art Leo Villareal that began what is supposed to be a two-year run (but which Mayor Ed Lee is already publicly talking about extending) on March 5 – has already received overwhelming international media attention and is expected to draw 55 million visitors and $97 million of additional revenue to the city annually.

“It is public art as spectacle. It’s amazing,” Manton said of the piece, which the commission and BRAF played only a small roles in bringing about. “It’s so good for the field of public art.”

She that the success of recent temporary art placements and the role that private foundations have played in funding them have not only caused San Franciscans to finally, truly embrace public art, but it has ended the divisive old debates about whether particular artworks were worth the tradeoff with other city needs and expenditures. And it has allowed the Hayes Valley Neighborhood Association and other neighborhood organizations to curate the art in their public parks.

Meanwhile, even as the Port gives Pier 14 a rest, Hodapp said another temporary artwork will be going up this fall at Pier 92, where old grain silos will be transformed into visual artworks, and that Pier 27 will be turned into a spot for a rotating series of temporary artworks once the Port regains possession of the spot from the America’s Cup in November.

As he told us, “The public really enjoys art on the waterfront, and they’re most supportive when we do temporary art, so there’s a freshness to it.”

Compromised position

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steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

 

 

ADMINISTRATOR-IN-CHIEF

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

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

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

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

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

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

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

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

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

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

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

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

 

 

CHIU’S CENTRAL ROLE

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

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

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

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

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

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

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

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