Newsom

Guardian voices: The zombie condo converters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Guardian Voices: On losing

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I’m turning 43 today and feeling glad to be alive. I would love to be writing about the joy of raising children and the mysteries of the universe. But instead, today I’m thinking about last week’s elections, about losing and the nature of long-term struggle. I’m thinking about being born black in 1969, and how, in fact, our side has been losing my whole life. And while this sobering reality about the balance of forces in the nation could make a sane person completely despondent, today I’m considering it a challenge to radically rethink the way we progressives try to change the world. 

The truth is that despite historic victories and truly incredible grassroots organizing over the last several decades, we’ve been getting our asses kicked for a long, long time. Since the right and the state got together to crush people’s movements of the 1960s. Since the Republicans built this rightwing coalition, began pushing wedge politics, winning the hearts and minds of white working people, and winning elections all over the country. And since capitalism shifted gears in the 1970s – we call it neoliberalism now — and the war on poverty was pushed aside to make way for the war on poor people specifically and working people generally. Since then, our cities have lost good jobs, union members, safety net services, and in San Francisco, more than half of the entire black population.

Thanks to Fox News, billionaire Republicans, and fragmentation on the left, conservative ideas about government, about individual vs. institutional responsibility, and about the supposed virtues of free markets have taken a powerful hold over the thinking of most Americans. One result: Last week in Wisconsin, despite the truly historic mobilization against the right’s Scott Walker, labor and social justice forces lost a big one. And here in San Francisco, in the heart of the “left coast,” progressives lost control of the Democratic Party to that special brand of “moderate” big-business Democrats who are socially liberal but have been making me embarrassed to be a registered Democrat since – well, since Bill Clinton was in the White House.

Clinton’s “ending welfare as we know it” third-way politics made it ok to talk about ending poverty while at the same time helping people get rich at the expense of poor people all over the world. Gavin Newsom was our local version – more socially liberal, and therefore successfully confusing to a lot of people, but he was nonetheless made of the same cloth.

Are you ready for the good news? Well, not quite yet. I didn’t mention the economic crisis.

If this were a boxing match, I don’t think the referees would have trouble judging this one. The current economic crisis was indeed once a crisis for capitalists — some financial institutions were forced to close shop, other lost billions and Wall Street seemed for a while to be in complete disarray. At one point, one third of Americans supported the Occupy movement and thought socialism was something to consider.

But even taking the ongoing Eurozone crisis into account, the US corporate elites in 2012 are more like a dazed prize fighter momentarily wobbly on his feet than a boxer who’s down for the count. Now, four years after the financial crash, the crisis is primarily a crisis for the rest of us, and our suffering is real. Even the middle class has taken serious punches, and our communities are badly bruised.

Good political spin will not change these real conditions. And the problem is not that organizers and activists, here in the Bay and around the country, aren’t brave and brilliant and working just remarkably hard. And even creating new forms of activism and alliances for the 21st century. But we have to think differently about how we do politics.

Most fundamentally, after so many years of losing in one way or another, too many social justice activists have lost hope of ever winning a truly more just society. Too many of us have settled for short-term gains, defensive fights, and building organizational power.

Don’t get me wrong – I’m deeply committed to local organizing that builds leadership and political power and win’s concrete improvements in people’s lives. But we will certainly never see the society we hold in our dreams without a bold, audacious belief that we can in fact win and govern our city, our state, and the entire country. Like the right – which was, objectively speaking, once weak and playing defense — progressive forces have to share a common belief that we too can build a majority, that we can govern the entire country based on values of racial justice, equity, sustainability and the collective good.  There’s a big difference between losing and feeling, en masse, like losers.

There is so much already in motion to build upon, so much potential to seize the opportunities that this historic moment provides. Inspired by Arab Spring, we too can be bold and audacious in our visions of what’s possible. After we rally against what’s wrong, let’s make plans for how we are really going to solve the crises of the 21st century and make the world a better place. Local political battles are essential opportunities to build new leadership (especially in communities of color), to change everyday people’s consciousness, and defend the ground we’ve already won. Across the nation, more organizations should take lessons from efforts like the National Domestic Workers Alliance, San Francisco Rising, CA Calls, and the national Unity Alliance that are breaking the fragmentation of progressive forces, moving beyond organizational ego, and consolidating people power. But above all, we have to let go of the idea that it’s someone else’s role to run the world or that having power is just for self-serving politicians. Unafraid of power and determined to slug it out, let’s make my next forty years about how we turned it around, had the Right on the run, built a movement and a society that we are proud to leave our children.

We are not down for the count. We are still in the ring swinging. Our opponent is powerful, and we’re already weak from a long fight, but we have the capacity to regroup, take advantage of our opponent’s weaknesses and make the most of our strengths, plot a new offensive strategy, and win — and win decisively. Losing is part of political struggle, it’s part of history, but there are more rounds to go. And what’s even better, unlike boxing, in the real world of building a movement for social justice, we engage in the struggle together. What happens next is up for grabs, and history is ours to make.

N’Tanya Lee was formerly the director of Coleman Advocates and one of the founding members of San Francisco Rising. She’s a veteran organizer with racial justice and LGBT and youth movement struggles in New York City, Michigan and the Bay. She now works on national movement building projects, advises local social justice leaders and is raising a son with her wife in Southeastern San Francisco.

Snap Sounds: Carletta Sue Kay

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Carletta Sue Kay
Incongruent
(Kitten Charmer)

Carletta Sue Kay is the female alter-ego of SF musician Randy Walker, and this identity shift pushes his art in some astonishing directions. (Walker’s previous band Mon Cousin Belge was notorious for its onstage performance art antics). Androgynous to its core, and loaded with overtones, his vocal delivery as Carletta Sue Kay can recall Annie Lennox, Gene Ween, and Joanna Newsom, all in the same breath. Normally, a voice this powerful is cultivated over years of recording, so it’s hard to believe that Incongruent is this former Amoeba employee’s debut full-length.

While the album certainly has its moments (namely the Pete Townshend homage “Joy Division”, and the floaty jazziness of “For the Birds”) Walker’s voice sets an impossibly high standard for the music to live up to. “Just Another Beautiful Boy” leans a bit heavily on rock-meets-showtunes schtick, and “Sloppy Kisses” flaunts its tweeness to the point of contrivance. But overall, Incongruent marks the emergence of an artist with serious potential. Equally commanding and vulnerable, Walker’s voice is sure to devastate anyone who gives it a chance.

http://www.youtube.com/watch?v=Rt91UXRV2oM

Mecke joins crowded District 5 supervisorial race

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Progressive activist Quintin Mecke jumped into the District 5 supervisorial race today, echoing gentrification concerns raised this week by the Guardian and The New York Times and promising to be an independent representative of one of the city’s most progressive districts, a subtle dig at Sup. Christina Olague’s appointment by Mayor Ed Lee.

“The City is at an economic crossroads. As a 15 year resident of District 5, I cannot sit idly by while our City’s policies force out our residents and small businesses, recklessly pursuing profits for big business at whatever cost,” he began a letter to supporters announcing his candidacy, going on to cite the NYT article on the new tech boom that I wrote about earlier this week.

“What we do next will define the future of San Francisco; the city is always changing but what is important is how we choose to manage the change. One path leads to exponential rent increases, national corporate chain store proliferation, and conversion of rent-controlled housing. The other path leads to controlled and equitable growth, where the fruits of economic development are shared to promote and preserve what is great about this City and our district,” Mecke wrote.

Mecke came in second to Gavin Newsom in the 2007 mayor’s race and then served as the press secretary to Assembly member Tom Ammiano before leaving that post last week to run for office. Mecke joins Julian Davis and John Rizzo in challenging Olague from her left, while London Breed and Thea Selby are the leading moderates in a race that has 10 candidates so far, the largest field in the fall races.

Although he never mentioned Olague by name, Mecke closed his message by repeatedly noting his integrity and independence, a theme that is likely to be a strong one in this race as Olague balances her progressive history and her alliance with the fiscally conservative mayor who appointed her.

“Politics is nothing without principles; and it’s time now to put my own principles into action in this race,” Mecke wrote. “District 5 needs a strong, independent Supervisor. I am entering this race to fight for the values that I believe in and to fight to preserve what is great about District 5 and the city. I have brought principled independence to every issue I’ve worked on and that’s what I’ll continue to bring to City Hall.”

In an interview with the Guardian, Mecke said he sees the campaign as a “five-month organizing project” to reach both regular voters and residents of the district who haven’t been politically engaged, including those in the tech sector. He’d like to see the perspective of workers represented in discussions about technology, not simply the narrow view of venture capitalist Ron Conway that Mayor Lee has been relying on.

“Local politics needs new blood,” Mecke said, “it needs to hear from these people.”

Reading Ed Lee’s mind

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Political reporters love to believe we can read politician’s minds; it makes us feel important. (And Lord knows, these days we need something to make us feel important.) So let me go way out on a limb here and tell you what Mayor Lee is thinking right now:

1. Gotta minimize Prop. B. It was an aberration, a bunch of rich Nimbys from Telegraph Hill, nothing more to see here. Certainly not a public referendum on my Rec-Park director, Phil Ginsburg, and his efforts to make money by renting out city parks for private events. No no no, just ignore it and maybe it will go away.

2. We won back the Democratic Party. Good move to take a page from Aaron Peskin’s book and run a bunch of elected officials and former elected officials with high name recognition in a low-turnout election. Bevan Dufty, who happens to work for me, would make an excellent chair; should be easy to make that happen.

3. What if we look at the DCCC race in the 17th District as a first-pass primary for the 2014 Assembly seat when Tom Ammiano — who’s just way too independent and won’t get with my program — is termed out? Hmmm … David Chiu, who I can mostly deal with, is in first place — but John Avalos and David Campos are more popular than my pal Scott Wiener. And if the progressives get behind Campos, he’ll be tough to beat. Hmmm….

4. That oddball Michael Breyer ran for Assembly pretending he was me. He even put out a mailer with my mustache on the front suggesting that he’ll be just like I am (except that he’s white and has no experience and no credible program and isn’t going to win). But he got a lot of votes with the Ed Lee card and I could totally control him. Can’t support him over Phil Ting, of course, but maybe I can get him some help behind the scenes.

5. This was an unusual election with radically low turnout. I know I can’t read too much into it. If the DCCC were on the ballot in November, or if there were a real presidential primary to bring people out to vote, the results would be very different. But still: All that new housing for rich people that my mentor Willie Brown and my friend Gavin Newsom got started seems to be having an impact. The city’s getting more conservative. Let’s just keep that one going and I’m home free.

6. What’s up with Lincecum? Damn those Padres.

Nah — the mayor’s too nice a guy to be thinking like that. Right?

 

June 6 hearing may spell the end of HANC recycling center

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It’s just a triangle of land on Frederick Street, right next to Kezar Stadium. But the Haight Ashbury Neighborhood Council (HANC) recycling center has been the subject of years of political battles- and depending on the results of a June 6 hearing, they may get shut down for good.

HANC got an eviction notice in December 2010. HANC’s lawyer, Robert DeVries, successfully challenged the eviction. The Recreation & Parks department sued for eviction again in in June 2011, and that matter may finally come to a close June 6. The Guardian is awaiting comment from Rec & Parks.

In December, the Planning Commission approved a plan to turn the site into a community garden. They meant a garden run by Rec & Parks, not HANC. But HANC got to work building one, and Executive Director Ed Dunn is proud to say that they did so “without a cent of taxpayer money.”

Dunn emphasizes that “over the course of the past year or so the operation has been completely transformed.” The new community garden has 50 beds, which resident gardener Greg Gaar says are divided into about 100 plots, are are planted with mostly native plants that are currently in full bloom.

“We could build one community garden like this per month at no cost to the city,” said Dunn, referencing a recent SPUR report that talked about the benefits and challenges of urban agriculture.

Said Dunn, “we can help fill in some of those challenges.”

The center has a history of working on the cutting edge of environmentally friendly trends. The site at 780 Frederick was established as a recycling center in 1974, a decade before San Francisco implemented curbside recycling. The curbside program became fully operational in the early ‘90s. But 18 recycling centers remain in the city- and state Bottle Bill laws require the existence of recycling centers in “convenience zones.” Dunn says the HANC recycling center fulfills the legal requirement to be nearby a recycling center for several supermarkets.

Now, many San Francisco residents rely on curbside recycling, rather than trucking their bottles, cans, and paper products to a recycling center. But a large population uses recycling centers- for excess amounts of recyclables that don’t fit in the bins, other material that doesn’t fit like large cardboard, or to generate income. Those who benefit from money traded for recyclables include housed people looking to supplement income, often immigrants and the elderly, and people living on the streets. But the center’s opponents have painted the population it serves as mostly or all homeless, and the city has argued for its eviction on the grounds that the recycling center attracts homeless people to the area.

“[Gavin Newsom] thought the eviction was one way they could ward off camping in Golden Gate Park,” said Dunn.

Some neighbors have raised concerns about the noisy garbage-picking in the nightime, and questioned the need for recycling centers with curbside in place. If the center is shut down, though, it won’t signal the end of recycling centers or those who benefit from them. It will likeley change where people go to cash in on recyclables; HANC’s recycling center is centrally located, while the majority of  San Francisco’s recycling centers are in neighborhoods on the city’s borders, including several in Bayview-Hunters Point.

Regardless of the centers effects on the community, HANC’s landlord, Rec & Parks, doesn’t legally need a reason to evict them- they just need to give notice. HANC has fought the eviction, but after almost two years of successful stalling, Rec & Parks may finally succeed.

SF needs healthy housing

My greatest frustration as a tenants’ rights and affordable-housing advocate in San Francisco is that, despite all the good efforts by a lot of good people, we never address the root cause of our housing crisis. We routinely enact laws and ballot initiatives, organize endless demonstrations and elect progressive politicians, but in the final analysis, these efforts are just a Band Aid on a bad system that leaves a lot of people without a roof over their heads.

A few years ago, Brian Basinger of the AIDS Housing Alliance and I pushed “no fast pass to eviction” legislation to stop the eviction of seniors and people with AIDS and other disabilities through the state Ellis Act.

Ellis allows a landlord to override just-cause eviction protections and evict all of the tenants in a building. It’s often used by speculators to flip properties — that is, buy them, evict the tenants, and create a tenancy-in-common (where there’s the same number of owners as there are apartments). The new owners apply for condo conversion so that, instead of sharing a percentage in the building, they actually own their own units.

No Fast Pass says that if someone uses Ellis to evict tenants, then the building can’t convert to condos for ten years. If any of those tenants are seniors or disabled, it can never be converted. The legislation helped. There was a drop in Ellis evictions. Unfortunately, landlords and speculators now employ intimidation, harassment and buy-outs to get rid of tenants, so that they don’t have to Ellis.

It’s time to get beyond Band-Aids. Housing should be a human right, guaranteed for all, as healthcare is in other nations.

When former Supervisor Tom Ammiano realized that 65,000 San Franciscans (15% of the population) were without health coverage, he (not former Mayor Gavin Newsom, who takes credit for it) introduced legislation to create what is now “Healthy San Francisco,” our city’s version of universal healthcare. It’s not perfect, but it tackles the problem the way it should be tackled: by making healthcare a human right and not a luxury.

The same needs to be done for housing.

As long as housing is a commodity, affordable only to those who have the dough, there will always be people left out in the cold — literally. Our city has more than 10,000 homeless people, not to mention scores of others living (through no choice of their own) in deplorable conditions. The city builds more market-rate housing than it needs, while units for those below 50 percent of the city’s median income fall far short of the demand.

A mandate to house everyone in the city has never been tried. I don’t have an exact plan, but a “Housing SF” (like Healthy SF) might be created by pooling together all of our housing resources and aggressively working to pull in more. If the proposed Housing Trust Fund happens, it should be initially used only for those who need it most — the homeless and the poor, remembering that shelters are not housing, even if they’re considered such under Care Not Cash.

Put a moratorium on market-rate housing. Turn all abandoned properties (both city and privately owned) into affordable units. Raise money by letting the big businesses (including the tech companies) cough up some dough. Use land trusts as much as possible to keep the new places affordable into perpetuity.

It’s time to dream big.

Tommi Avicolli Mecca, editor of Smash the Church, Smash the State: The Early Years of Gay Liberation, is a longtime affordable housing advocate.

Obama’s evolution

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Other than a few Mitt Romney supporters, most of us view evolution as a wonderful biological mechanism to which we owe our supposed higher intelligence. So Obama’s “evolution” from a foe to a supporter of same-sex marriage deserves tremendous praise. But before we go all ga-ga over the president, let’s remember:

He didn’t evolve on his own. In this case, the evolution needed a push, from generations of LGBT activists and supporters, who put the issue in front of the world, made it a basic matter of civil and human rights, and forced Obama to realize that he could no longer duck and had to take a stand.

Remember FRD’s famous statement to activists? “Now you have to make me do it.” That’s what happened here. Obama made the political calculation, of course, and it’s a good one — energizing his base is more important than angering a bunch of people who weren’t going to vote for him anyway. But there’s more to it, and I think Paul Hogarth has the right line:

Biden’s statement may have been the final trigger, but the LGBT movement deserves the credit – despite the odds – to hold firm on getting the President to take this historic stance. And it’s a lesson that other progressive constituencies should take heart in, as we strive to make Barack Obama the President we hoped he would be.

Let’s also remember that this really started in San Francisco, with an act of what I like to call civic disobedience. At the time, a lot of critics said that Mayor Gavin Newsom was hurting the Democratic Party by making a move before the rest of the nation was ready for it. But what he did eight years ago was force the rest of the nation to get ready for it — and the subsequent legalization of gay unions in a growing number of states has shown America what the Boston Phoenix referred to as “the utter, mundane normality” of same-sex marriage.

We all knew this moment was coming. The demographics can’t be denied. Almost everyone younger than 30, and most people younger than 40, supports same-sex marriage. The country is changing — in this case, in a very positive way — and Obama was risking being on the wrong side of history. Even the Republicans seem to get that — they’re running away from this issue as fast as they can.

So now it’s likely that L.A. Mayor Antonio Villaraigosa will have his way and the Democratic Party platform will have a same-sex marriage component. Romney will be on the defensive on a key social issue – a huge change from the past. The Supreme Court will be more likely to uphold Judge Vaughn Walker’s decision on Prop. 8 (yes, the high court is political and changes with the norms of society, sometimes slowly, but the president’s statement will have a clear impact.)

So this is huge — not just because of the impact but because of what it says about the power of progressive movements. Now let’s make the president raise taxes on the rich.

 

 

Sunday Streets coming to — and staying in — the Mission

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Sunday Streets – the once-controversial closure of streets to automobiles so they can be fully used by pedestrians, cyclists, and skaters, temporarily expanding the amount of open space in San Francisco – has become a popular monthly event and it rotates among neighborhoods around the city. And as the organizers prepare for this Sunday’s event in the Mission, where its biggest and best incarnations are held, city officials today announced an expansion of the program: the Mission will now host Sunday Streets on the first weekend of each month through the summer.

“Sunday Streets really comes to life and realizes its full potential when it’s in the Mission,” Ed Reiskin, executive director of the San Francisco Municipal Transportation Agency, said this morning at a press conference on the steps of City Hall.

The business community initially resisted the idea when it was proposed five years ago by Mayor Gavin Newsom and its chief sponsor, the nonprofit Livable City, concerned that customers would have a hard time getting to stores. But just the opposite has proven true as the popular events fill the streets with thousands of people.

“When Sunday Streets started, I know there was a little apprehension, we even felt it in the Mission,” Sup. David Campos, who represents the Mission. “But the neighborhood has come together to embrace the project.”

Mayor Ed Lee called the expansion of Sunday Streets “a great pilot program for San Francisco” and said that it represents “our openness to learning to use our streets differently.”

San Francisco was the third city in the country to hold these street closures – known as cicolvias in Bogota, Columbia, which pioneered the concept – following Portland, Ore. (the first, and one that we covered) and New York City. This Sunday’s event runs from 11 am to 4 pm, mostly along Valencia and 24th streets.

Judge denies Mirkarimi motions; city process begins Monday

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Superior Court Judge Harold Kahn today denied all motions by Sheriff Ross Mirkarimi’s legal team challenging his suspension without pay, city procedures, and the constitutionality of the city’s official misconduct charter language, saying it’s premature to conclude Mirkarimi isn’t being treated fairly.

“But the courthouse door remains open,” Kahn concluded, inviting Mirkarimi to return after the Ethics Commission establishes rules of procedure and evidence, which it will begin doing on Monday. Today’s rulings, and another yesterday, in which Kahn ruled against a motion to disqualify the City Attorney’s Office from overseeing the proceedings, clears the way for the Ethics Commission to consider recommending to the Board of Supervisors that Mirkarimi be removed from office.

Kahn also seemed to agree with Mirkarimi’s team that Mayor Ed Lee didn’t give him a fair hearing before suspending him or that he made an argument for suspending him without pay. But Kahn sided with the city on the legal question of whether Mirkarimi has a “property interest” in his salary, which would have triggered the right to a hearing before being suspended, making such procedural questions moot.

“If there was a property right, what the mayor stated would not be adequate due process,” Kahn said, referring to Lee’s affidavit describing their March 19 meeting, where Lee told Mirkarimi to resign or be suspended. Lee claims he gave Mirkarimi the opportunity to tell his side of the story, which Mirkarimi denies, saying the mayor had made up his mind and wasn’t interested in the real story. On the salary question, Deputy City Attorney Sherri Kaiser said Mirkarimi would be entitled to full back pay from his suspension period if the supervisors vote to keep him in office, arguing that he isn’t being harmed.

Mirkarimi was suspended based on language in the city charter that was adopted in 1996 – banning “conduct that falls below the standard of decency, good faith and right action impliedly required of all public officers” – that has never been reviewed by the courts and which Mirkarimi attorney David Waggoner contends is unconstitutionally vague.

But Kahn didn’t agree, saying, “The charter is not so clearly outside the bounds of California law that I should preempt the processes.”

Waggoner complained that the city procedures didn’t set rules of evidence or procedure or standards of guilt, making it difficult to prepare a defense, a point to which Kahn seemed sympathetic, noting the variety of legal standards for different types of cases, from “beyond reasonable doubt” to “a preponderance of evidence.”

“We don’t know which of any of those is going to apply here. Is that a problem?” Kahn asked Kaiser.

She said no, that Mirkarimi and his legal team could return to court for help “if the commissioners really mess up” in the work they’ll begin on Monday. “That summarizes my view. It is hypothetical to say the procedures are going to be unfair,” Kahn agreed. 

Addressing reporters after the hearing, Kaiser praised the judge’s rulings and offered a small window into what will likely transpire in the coming months: “Certainly, the sheriff is going to have to testify under oath and not just to the media.” (Waggoner told reporters “no comment” when asked whether Mirkarimi will indeed testify under oath).

Kaiser’s apparent dig at the various media interviews that Mirkarimi has just started to grant this week echoes statements that have come from District Attorney George Gascón, who has criticized Mirkarimi’s characterization of his guilty plea and the behaviors that constituted false imprisonment, calling the media accounts “disturbing and telling.”

But Mirkarimi shot back at Gascón today, noting that the two men “have had some very high-profile disagreements” when Gascón was police chief and Mirkarimi chaired the Board of Supervisors Public Safety Committee. They had high-profile clashes over requiring police to do foot patrols, the crime lab controversy, budget issues (including Mirkarimi’s unsuccessful efforts to find out how much Mayor Gavin Newsom’s police security detail was costing the city as he ran for governor), and Gascón’s controversial public statement equating people of Middle Eastern descent (such as Mirkarimi, who is Persian) with terrorists.

“It sometimes bubbles up in the course of these proceedings,” Mirkarimi said of Gascón’s alleged personal or political animosity toward him.

Asked for a response, District Attorney’s Office spokeperson Stephanie Ong Stillman wrote, ““It is the duty of the San Francisco District Attorney to uphold the law,
regardless of who violates it and without political motivation.  Ross Mirkarimi was afforded the same rights as any defendant. We treated his case no differently than any of the 776 domestic violence cases our office charged and reviewed last year.”

Cyclists gain an unlikely defender against the backlash

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After yesterday’s media pile-on – with the Examiner’s cover story and the Chronicle leading both its front page and Bay Area section with stories bashing bicyclists in the wake of a pedestrian death – it was refreshing to read today’s level-headed Examiner editorial “Rare pedestrian death exploited by bike foes.”

When I posted last week on the fatal cyclist-vs.-pedestrian collision (one of the first to report disturbing new details of the incident), I noted that the cycling community was braced for a backlash. And it came in the form of calls for police crackdowns, angry anti-cyclist diatribes, proposals for elaborate bike regulatory and re-education programs, and other opportunistic jabs.

The Examiner – which, under new ownership, has abandoned its nutty old right-wing stances – not only called out those critics as predictably lacking in perspective, but the editorial even took that next step of tying them to the pro-car reactionaries who get so lathered up about paying for street parking or losing any street turf they now control.

“There is an audience out there — mostly older, mostly cranky — that loves to marinate in the notion that drivers in The City are victimized by political correctness run amok,” the Examiner wrote. “This idea of two-wheeled liberalism is an attitude that is pandered to by the likes of curmudgeonly columnists at San Francisco newspapers.”

Yeah, git ’em, Ex 2.0! It’s amazing how the most privileged and entitled members of our society – such as rich white motorists – are so quick to play the victim card these days, a tactic popularized by Rush Limbaugh that has become the standard reaction to any perceived imposition on their comfort and convenience.

“Transportation policy and budget priorities are complex, especially in tough times. It is easy to sit back and paint in broad strokes about issues, but that does nothing to truly advance the conversations that need to be happening,” the Ex wrote (in sharp contrast to Chron’s reactionary, ridiculous editorial stance).

Mayor Ed Lee and SFMTA chief Ed Reiskin deserve credit for supporting the controversial proposal to put in new parking meters and begin charging on Sundays – an issue on which former Mayor Gavin Newsom pandered to the mob and showed a real lack of leadership – but that’s just the beginning of doing what needs to be done to create a 21st century transportation system.

The death of this pedestrian is a horrible accident that has reminded the cycling community of our responsibility to other road users, and it has prompted discussions and realizations that are probably overdue. We get it. But we shouldn’t lose sight of the fact that cars create more pressing and widespread problems – in terms of being deadly, costly, bad for the environment, and dominating public space – than do bikes. That’s not judgment, just perspective.

Or as the Examiner says, “Bicyclists can be rude — they certainly ride through red lights or on the sidewalk and are rarely punished, in part because on the scale of criminality, this is fairly minor. But the one thing they almost never do is kill someone. We shouldn’t let this incident distort our approach to traffic laws or add fuel to the apparently endless battle of the bike and the car.”

San Francisco’s loss

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news@sfbg.com

San Francisco is increasingly losing its working and creative classes to the East Bay and other jurisdictions — and with them, much of the city’s diversity — largely because of policy decisions that favor expensive, market-rate housing over the city’s own affordable housing goals.

“It’s definitely changing the character of the city,” said James Tracy, an activist with Community Housing Partnership. “It drains a big part of the creative energy of the city, which is why folks came here in the first place.”

>>Is Oakland cooler than San Francisco? Oaklanders respond.

Now, as San Francisco officials consider creating an affordable housing trust fund and other legislative changes, it’s fair to ask: Does City Hall have the political will to reverse the trend?

Census data tells a big part of the story. In 2000, the median owner-occupied home in San Francisco cost $369,400, and by 2010 it had more than doubled to $785,200. Census figures also show median rents have gone from $928 in 2000 up to $1,385 in 2010 — and even a cursory glance at apartment listings show that rents have been steadily rising since then.

Tracy and other affordable housing activists testified at an April 9 hearing before the Board of Supervisors Land Use and Economic Development Committee on a new study by the Budget and Legislative Analyst, commissioned last July by Sup. David Campos, entitled “Performance Audit of San Francisco’s Affordable Housing Policies and Programs.”

“There’s a hearing right now at City Hall about our housing stock and how it’s been skewing upward toward those with higher incomes,” Board President David Chiu told us, noting that it is sounding an alarm that, “Creative individuals that make this place so special are being driven out of the city.”

Oakland City Council member Rebecca Kaplan said that San Francisco’s loss has been a gain for Oakland and other East Bay cities, which are enjoying a new cultural vibrancy that has so far been largely free of the gentrifying impacts that can hurt a city’s diversity.

“You can add more people without getting rid of anybody if you do it right. Most of development is looking at places that are now completely empty like the Lake Merritt BART station parking lot, empty land around the Coliseum, and the West Oakland BART station,” Kaplan told us. “We have to commit to revitalization without displacement.”

Yet the fear among some San Franciscans is that we’ll have just the opposite: displacement that actually hinders the city’s attempts at economic revitalization. “What’s at stake is the economic recovery of the city,” Tracy said. “You can’t have such a large portion of the workforce commuting into the city.”

TOO MANY CONDOS

A big part of the problem is that San Francisco is building plenty of market-rate (read: really expensive) housing, but not nearly enough affordable housing. The report Campos commissioned looked at how well the city did at meeting various housing construction goals it set for itself from 1999 to 2006 in its state-mandated Housing Element, which requires cities to plan for the housing needs of its population and absorb a fair share of the state’s affordable housing needs.

The plan called for 7,363 market-rate units, or 36 percent of the total housing construction, with the balance being housing for those with moderate, low, or very low incomes. Developers built 11,293 market rate units during that time, 154 percent of what was needed and 65 percent of the total housing construction. There were only 725 units built for those with moderate incomes (just 13 percent the goal) and just over half the number of low-income units needed and 83 percent of the very low-income goal met.

“We have to do a better job of monitoring and evaluating each project,” Chiu said. “Every incremental decision we make determines whether this will be a city for just the wealthy.”

The situation for renters is even worse. From 2001-2011, the report showed there were only 1,351 rental units built for people in the low to moderate income range, people who make 50-120 percent of the area median income, which includes a sizable chunk of the working class living in a city where about two-thirds of residents rent.

“The Planning Commission does not receive a sufficiently comprehensive evaluation of the City’s achievement of its housing goals,” the report concluded, calling for the planners and policymakers to evaluate new housing proposals by the benchmark of what kind of housing the city actually needs. Likewise, it concluded that the Board of Supervisors isn’t being regularly given information it needs to correct the imbalance or meet affordable housing needs.

Policy changes made under former Mayor Gavin Newsom also made this bad situation even worse. Developers used to build affordable housing required by the city’s inclusionary housing law rather than pay in-lieu fees to the city by a 3-1 ratio, but since the formulas in that law changed in 2010, 55 percent of developers have opted to pay the fee rather than building housing.

Also in 2010, Newsom instituted a policy that allowed developers to defer payment of about 85 percent of their affordable housing fees, resulting in an additional year-long delay in building affordable housing, from 48 months after the market rate project got permitted to 60 months now.

Tracy and the affordable housing activists say the city needs to reverse these trends if it is to remain diverse. “It’s not even debatable that the majority housing built in the city needs to be affordable,” Tracy said.

Mayor Ed Lee has called for an affordable housing trust fund, the details of which are still being worked out as he prepares to submit it for the November ballot. Chiu said that would help: “I will require a lot of different public policies, but a lot of it will be an affordable housing trust fund.”

GROWTH AND DIVERSITY

San Francisco’s problems have been a boon for Oakland.

“With much love and affection to my dear SF friends, I must say that Oakland is more fun,” Kaplan told us. “Also I think a lot of people are choosing to live in Oakland now for a variety of reasons that aren’t just about price. We have a huge resurgent art scene, an interconnected food, restaurant, and club scene, a place where multicultural community of grassroots artists is thriving, best known from Art Murmur.”

There is fear that Oakland could devolve into the same situation plaguing San Francisco, with rising housing prices that displace its diverse current population, but so far that isn’t happening much. Oakland remains much more racially and economically diverse than San Francisco, particularly as it attracts San Francisco’s ethnically diverse residents.

“We’re not looking at a situation where the people moving into town are necessarily predominantly white,” Kaplan said. “We’re having large growth in quite a range of communities, including growing Ethiopian and Eritrean and Vietnamese populations…If you don’t want to live in a multicultural community, maybe Oakland’s not your cup of tea.”

According to the 2010 census, a language other than English is spoken at home in 40.2 percent of Oakland households, compared to 25.4 percent in San Francisco. “Almost every language in the world spoken in Oakland,” Kaplan said.

African Americans make up 28 percent of Oakland’s population, compared to only 6.1 percent in San Francisco, and 6.2 percent of the population of California. In San Francisco, the number of black-owned businesses is dismal at 2.7 percent, compared to 4 percent statewide and 13.7 percent in Oakland. The census also finds that 25.4 percent Oaklanders are people of Latino origin, compared to San Francisco at 15.1 percent and 37.6 percent statewide. San Francisco is 33.3 percent Asian, compared to Oakland at 16.8 percent and all of California at 13 percent.

Both cities are less white than California as a whole; the state’s white population is 57.6 percent, compared to 34 percent in Oakland and 48.5 percent in San Francisco.

Gentrification shows its face differently depending on the neighborhood. Some say Rockridge, a trendy Oakland neighborhood where prices have recently increased, has gone too far down the path.

“Rockridge has been ‘in’ for a long time, but the prices are staggering and it isn’t as interesting any more,” Barbara Hendrickson, an East Bay real estate agent, told us.

The nationwide foreclosure crisis didn’t spare Oakland and may have sped up its gentrification process. “The neighborhoods are being gentrified by people who buy foreclosures and turn them into sweet remolded homes,” observed Hendrickson.

Yet Kaplan said many of these houses simply remain vacant, driving down values for surrounding properties and destabilizing the community. “I think we need a policy where the county doesn’t process a foreclosure until the bank has proven that they own the note,” said Kaplan, who mentioned that the city has had some success using blight ordinances to hold banks accountable for the empty buildings.

And as if San Francisco didn’t have enough challenges, Kaplan also noted another undeniable advantage: the weather. “The weather is really quite something,” she said. “I have days with a meeting in San Francisco and I always have to remember to bring completely different clothing. Part of why I wanted to live in California was to be able to spend more time outdoors, be healthy, bicycle, things like that. So that’s pretty easy to do over here in Oakland.”

Rep Clock

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Schedules are for Wed/28-Tues/3 except where noted. Director and year are given when available. Double features are marked with a •. All times p.m. unless otherwise specified.

ARTISTS’ TELEVISION ACCESS 992 Valencia, SF; www.atasite.org. $6-10. “Tejido Conectivo Film Performance,” expanded cinema projects by Luis Macias and Adriana Vila, Fri, 8. “Other Cinema:” “OptrOnica,” animation with creative soundtracking by Jeremy Rourke, Thomas Carnacki, and more, Sat, 8:30.

CASTRO 429 Castro, SF; (415) 621-6120, www.castrotheatre.com. $7.50-10. The Wizard of Oz (Fleming, 1939), presented sing-along style, Fri-Sun, 2:30 and 7:30. This event, $10-15. •Shame (McQueen, 2011), Wed, 2:30, 7, and Take Shelter (Nichols, 2011), Wed, 4:35, 8:55. •Pretty Poison (Black, 1968), Thurs, 7, and Remember My Name (Rudolph, 1978), Thurs, 8:45.

CHRISTOPHER B. SMITH RAFAEL FILM CENTER 1118 Fourth St, San Rafael; (415) 454-1222, www.cafilm.org. $6.75-10.25. Boy (Waititi, 2010), call for dates and times. Jiro Dreams of Sushi (Gelb, 2011), call for dates and times. The Deep Blue Sea (Davies, 2011), March 30-April 5, call for times. The Salt of Life (de Gregorio, 2010), March 30-April 5, call for times.

DELANCEY STREET THEATER 600 Embarcadero, SF; www.eventbrite.com. $20. Miss Representation (Siebel Newsom, 2011), Sat, 7. With a panel discussion on “The State of the Woman.”

JEWISH COMMUNITY CENTER OF THE EAST BAY 1414 Walnut, Berk; www.brownpapertickets.com. $8. Torn (Kertsner, 2011), Thurs, 7:30.

PACIFIC FILM ARCHIVE 2575 Bancroft, Berk; (510) 642-5249, bampfa.berkeley.edu. $5.50-9.50. “Special Event: Kevin Brownlow:” book signing and reception, Fri, 5:30; “Abel Gance’s Napoleon: A Restoration Project Spanning a Lifetime,” illustrated lecture, Fri, 7. “Howard Hawks: The Measure of Man:” I Was a Male War Bride (1949), Sat, 6:30; Monkey Business (1952), Sat, 8:35; The Thing From Another World (Nyby, 1951), Tues, 7.

PARAMOUNT 2025 Broadway, Oakl; www.silentfilm.org. $40-120. Napoleon (Gance, 1927), with accompaniment by the Oakland East Bay Symphony, Sat-Sun, 1:30.

ROXIE 3117 and 3125 16th St, SF; (415) 863-1087, www.roxie.com. $6.50-10. “You Can’t Do That On Screen Anymore: Two Days With Frank Zappa:” From Straight to Bizarre: Zappa, Beefheart, and LA’s Lunatic Fringe (2012), Wed, 7. The Hunter (Pitts, 2010), March 30-April 5, call for times. “San Francisco Film Society Education Presents: Bay Area Experimental Cinema (1960-1970),” Mon, 7. This event, $20.

SF FILM SOCIETY CINEMA 1746 Post, SF. $10-11. The Sound of Noise (Simonsson and Nilsson, 2010), Wed-Thurs, 3, 5, 7, 9. House of Pleasures (Bonello, 2011), March 30-April 5, 2, 4:30, 7, 9:30 (Tues/3, shows at 2 and 4:30 only).

UNIVERSITY OF SAN FRANCISCO Presentation Theatre, 2350 Turk, SF; www.usfca.edu. Free. “Human Rights Film Festival,” 13 films addressing human rights abuses, Thurs-Sat.

YERBA BUENA CENTER FOR THE ARTS 701 Mission, SF; (415) 978-2787, www.ybca.org. $6-8. “Human Rights Watch Film Festival:” Pink Ribbons, Inc. (Pool, 2011), Thurs, 7 and 9. “Great Directors Speak:” “Sodankylä Forever”: •The Century of the Cinema and Yearning for the First Cinema Experience (Von Bagh, 2011), dialogues from the Midnight Sun Film Festival, Sun, 2.

Why Mirkarimi pled guilty

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Sheriff Ross Mirkarimi didn’t want to cop a plea. He knew the damage it  would cause to his political career and he was prepared to fight the charges. But when it became clear that he was losing every single motion around the admissibility of evidence, even when he and his attorney, Lidia Stiglich, were convinced they were right on the merits — and when it was clear from juror surveys that virtually everyone in town had read the salacious press accounts and it was impossible to find a neutral jury, he decided he had no choice.

That’s what people close to the sheriff told me shortly after Mirkarimi unexpectedly agreed to plead guilty to misdemeanor false imprisonment. It may seem an odd plea for a sheriff, but it was a way to get rid of the more serious charges. A domestic violence conviction would seriously interfere with Mirkarimi’s job — among other things, nobody with a DV rap can possess a gun — not that the sheriff of San Francisco needs to carry a gun, but in the law-enforcement world, domestic violence is (properly) taken very seriously.

The calls for the sheriff to resign have already started. An informal sfgate poll on the subject is already posted.

I talked to Mirkarimi shortly after he appeared in court, and he told me he has no plans to step down. “I wanted to resolve this matter and move forward with the important work of the department. And I terribly miss my family and I want to be re-united.”

That’s going to be tough — someone will probably try to mount a recall effort and every single detail that has come out so far in the news media will be repeated if and when he runs for re-election in three years. In politics, that’s a long time away — but these kinds of charges never disappear.

People close to the sheriff told me that that Mirkarimi was concerned that he couldn’t find a jury that hadn’t already convicted him in their minds. “The questionnaires were very clear,” one ally said. “Nearly everyone had read the newspapers and already had some kind of a negative opinion.”

Among other things, his friends said, Mirkarimi was concerned that  a former girlfriend, Christina Marie Flores, would be allowed to testify against him — despite what his team considered serious questions about her credibility.

Flores used to be my next-door neighbor and I’ve always been friendly with her. I was on her TV show once. But the news media accounts have essentially ignored a detail that was in one of Mirkarimi’s defense motions:  After they broke up, Flores sent Mirkarimi a hate poem in which she not-terribly subtly threatened to damage his political career.

I’m not going to quote all of the emails cited in the brief (breakup+email=bad news); suffice to say that until December, 2008, Flores was clearly in love with Mirkarimi and sending him passionate notes asking him to reconsider what was obviously a move by Mirkarimi to end the relationship. (And yeah, there were nude pictures that Mirkarimi was supposed to “enjoy when you miss me.” Gak.)

On Jan 2, 2009, the brief states, “having understood that the relationship with Mirkarimi was over, Flores sent Mirkarimi a lengthy hate poem. In startling contrast to her prior e-mails to Mirkarimi, Flores now called Mirkarami `the worst type of waste of air’ and said that there ‘are smarter and more handsome men BY FAR.’

“Flores ended the poem with the following:

So as 2009 rolls in and you roll out
I remember what my life was all about
Surrounded by so many of my friends
I am rich and happy with how my story ends

Except one thing.

I have never had the distinct pleasure
Of meeting such an idiot of such great measure
That freely let me know of things
That could unwind plans of what his political future brings

Yes, I do know those, some of whom you hate.
Who could have a say in your fate
And long friendships with some that you despise
That after the fact have opened my eyes.

What to do with the ball in my court …
Let us see what happens.”

Don’t know who “some of whom you hate” means, but Mirkarimi has had a contentious relationship the San Francisco Police Department. Flores is the daughter of a police officer and the ex-wife of another officer, who happens to be a domestic violence inspector.

Three years after that poem was written, when she heard about the DV allegations against Mirkarimi, she filed a police report alleging similar behavior. She also talked to two newspapers, the Chronicle and SF Weekly.

In her statement to the district attorney’s office, the brief states, “Flores conceded that she wanted to go public for personal reasons: ‘He said that that woman from Venuzuela (Lopez) knew about our relationship and it didn’t matter to her … which I think is a lie. And that’s probably why I’m here because I don’t think she knew.’”

Doesn’t mean that anything she claims about Mirkarimi was untrue. A woman who is mad at her ex-boyfriend for whatever still has every right to complain about domestic violence, even later; if she was physically abused, then what happened at other points in the relationship doesn’t change anything.
But it’s interesting that the daily papers, which reported freely on the prosecution’s side of this story, haven’t mentioned the equally fascinating (and tawdry) allegations in the defense brief.

It’s the kind of thing that, Mirkarimi’s allies say, made it hard to find a fair jury.

Judges these days go out of their way not to exclude evidence in DV cases, and the fact that this was such a high-profile political case made that even more dramatic. Ruling that the videotape of Mirkarimi’s wife crying and showing a bruise and the testimony of an ex-girlfriend who said he abused her inadmissible would most likely have forced the district attorney to drop the charges. Very few judges would want to take that risk.

So now Mirkarimi has to deal with the fallout, and it raises the question: Can the progressive community accept and once again support a sheriff who has all of this baggage? Is there anything Mirkarimi can do to convince his allies and the voters that either (a) the charges were overblown or (b) he’s learned from this, is going into counseling, is a changed person, and can seek political redemption?

The city forgave Gavin Newsom when he had sex with his close friend’s wife (after he allegedly went into treatment for alcohol abuse) and forgave Willie Brown when he impregnated a campaign fundraiser (because nobody cares about that sort of thing these days), but domestic violence is a very different deal. As it should be.

Any yet, some people are clearly willing to give him a chance. Alix Rosenthal, a longtime leader on women’s issues who supported Mirkarimi for sheriff, told me that she doesn’t think he should step down.

“I think this whole thing has been blown way out of proportion,” she said.

Mirkarimi, she noted, needs to publicly go into counseling with his wife (which he can’t do until the stay-away order is lifted — seriously, right now he can’t even go to counseling with his wife) and he needs to make it clear that he’s addressing anger-management issues. But she thinks he can still play a role in the progressive community.

There will be other progressives who disagree, and Mirkarimi will have to win them over. And all the while, the supporters of Chris Cunnie, the former Police Officers Association president who lost to Mirkarimi in the fall, aren’t going to let this go away quietly.

UPDATE: The Chron is already calling on Mayor Ed Lee to “investigate” the sheriff for misconduct. Investigate? As if there’s anything that hasn’t already become public? The real message is that the Chron wants Lee to try to get rid of Mirkarimi. And so it begins.

Occupying the Capitol

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It’s an unseasonably hot day at UC Davis, and student activists are milling around a tent city, set up especially for 100 people arriving from a four-day March on Education. The school, one of the hubs of the Occupy movement, gained notoriety when public safety Officer John Pike casually pepper sprayed a line students during a sit-in back in November. Now, officers bike through the idyllic scene, smiling and chatting up occupiers.

Everyone is preparing for the next day, March 5, the statewide day to defend education that will bring thousands of students and teachers to Sacramento to demand an end to budget cuts and fee hikes at California’s schools, community colleges, and universities.

Those on the march hope to highlight the importance of this issue, marching 79 miles from the Bay Area. The first night, the march stayed in Richmond, and the next day Richmond’s Mayor Gayle McLaughlin came out to welcome them.

Students march annually on Sacramento, and say they won’t stop until education is affordable (or, as some would demand, free). A climate of worldwide protest over disparities in wealth and opportunity, including Occupy protests in the United States, helped fuel a larger than usual turnout this year.

More than 5,000 people converged in Sacramento March 5 and marched to the Capitol building, occupying the Rotunda all day. Many chanted “no cuts, no fees, education must be free.”

Community college student throughout the state are reeling from the cuts, and resulting fee hikes—course units, once free, were raised from $26 to $36 per unit last year, and will be increased another $10 this summer. These costs go towards closing the state budget deficit, and not toward a bigger course catalogue; classes continue to be slashed.

Frances Gotoh of San Bernardino Valley College is back at school after being laid off from her longtime job at Bank of America. She said she desperately needs the retraining; without it her job prospects look dim. She needs to support her family—her 20-year-old son is also a college student—but says she can’t afford the increasing fees. “Why is education being taken away?” asked Gotoh. “It belongs to the people.”

Josselyn Torres, a psychology major at Sonoma State University, felt similarly. “Every year, the fees are getting higher but the class size is getting bigger,” said Torres, who noted that many of her friends won’t be graduating with her because so many of the classes they needed were cut. “The politicians have all gone to college. If they keep cutting our education, how can we make it as far as them?”

When the march reached the Capitol, student and state government leaders spoke on the importance of education. Students demanded an end to fee hikes and budget cuts. Assembly Speaker John Perez (D-Los Angeles) and Senate President Pro Tem Darrell Steinberg (D-Sacramento) praised student activists and expounded on the necessity of accessibility to education. Almost all speakers decried the two-thirds majority needed to raise taxes, allowing just a few Republicans to block them.

Lt. Gov. Gavin Newsom also spoke, describing the need to support education in staunchly free-market terms: “You can’t have an economic development strategy without a workforce development strategy.”

Periodically, the crowd interrupted Newsom and other politicians in the midst of making promises with chants of “show us.” They also chanted this election year threat: “You’ll hear us out or we’ll vote you out!”

Around 12:30 p.m., the permitted rally ended and thousands dispersed. About 400 stayed to “Occupy the Capitol.” The group streamed into the building and into the rotunda. California Highway Patrol officers, responsible for policing the Capitol, blocked more than 150 from entering the central area. So, communicating via the Peoples Mic with several rounds of crowd repetition for every sentence spoken, the group participated in a statewide general assembly.

Some building employees showed support, but the only politician to sit down with the protesters was Newsom, who sits on the UC Board of Regents and CSU Board of Trustees. He chatted with students, some of whom requested that he ask police to stop blocking students from meeting in the same area; he didn’t do so, but was able to convince them to give protesters in the rotunda access to bathrooms.

The group managed to collectively decide on demands of the state: support the Millionaire’s Tax ballot initiative, repeal Prop. 13, cancel all student debt, fund all education through college, and democratize the Board of Regents. When building closed at 6 p.m., officers declared the assembly unlawful and arrested 70 who refused to disperse.

Meanwhile, another 400 or so attended a permitted rally on the Capitol lawn called by several Sacramento labor unions to support Occupy the Capitol.

Over the past five years, education funding in California has been cut drastically. Spending per K-12 student per year has gone down by almost $2,000 and higher education has seen program cuts and tuition hikes. Gov. Jerry Brown’s latest budget proposal includes still more cuts to California colleges and universities.

Several proposed ballot initiatives are designed to address this. An initiative sponsored by Brown would bring spending per student per year up by $1,000, stabilizing at $7,658 (it was $7,096 in 2011-12) and reversing a five-year slide. But it would still be less than 2007-08, according to a report from the California Budget Project (CBP).

That report shows K-12 education spending is the biggest piece of the state budget, although California ranks dismally low compared to other states for spending on K-12 education: 47th in the country.

The governor’s proposal would raise funds with a combination of a tax increase for those earning $250,000 and over per year and a sales tax increase. But critics say the increase in the sales tax, which is notoriously regressive, would hurt lower and middle income families.

The measure is up against other potential ballot initiatives that would raise revenue strictly from the wealthiest Californians. The so-called Millionaire’s Tax, for example, would raise funds for education by increasing taxes on those making $1 million or more per year. The Millionaire’s Tax also has the advantage of resulting in a permanent change in the law, while Brown’s measure would apply only for the next five years.

“California’s problems have also been exacerbated by tax cuts, one-time ‘solutions,’ overly optimistic assumptions, and the fact that the two-thirds vote requirement for the legislature to approve any tax measure has blocked adoption of a balanced approach towards bridging the budget gap,” according to the CBP report.

Teachers’ unions are divided over the best ballot measure. The California Teachers’ Association has endorsed Brown’s measure, emphasizing that it includes a plan to close the budget deficit.

“The governor’s initiative is the only initiative that provides additional revenues for our classrooms and closes the state budget deficit, and guarantees local communities will receive funds to pay for the realignment of local health and public safety services that the Legislature approved last year,” said Dean Vogel, CTA president, in a press release.

But the Millionaire’s Tax was sponsored by the California Federation of Teachers, and it has now been endorsed by this student general assembly. John Rizzo, president of the City College of San Francisco Board of Trustees, also endorsed the measure.

“We’ve got to tell the state of California that we cannot continue this. We cannot continue the cuts to our community colleges, to UCs, to the California State Universities,” said Rizzo, speaking at a March 1 rally in San Francisco.

According to a recent report, of five polls conducted throughout California, each initiative has majority support, but voter prefer the Millionaire’s Tax, with a recent Field Poll showing 63 percent support.

Legislators are also at work trying to increase education funding. Assembly Speaker Perez has introduced a bill that would slash tuition fees by two-thirds at CSU and UC schools for students of families making less than $150,000 per year. The bill would also allocate funding to city colleges throughout the state, for them to determine how to best use the money.

The cost of the plan, about $1 billion, would be paid by eliminating a corporate tax loophole that the Legislature approved in 2009, which would allow companies to choose the cheaper of two formulas for calculating their taxes. Critics have called the legislation bad for business, saying that removing tax incentives would hurt California companies.

“The California Middle Class Scholarship Act is very simple,” Perez told students at UC Davis when he unveiled the bill on Feb. 3. “Too many families are getting squeezed out of higher education. For students whose families make $150,000 a year or less, too much to qualify for our current financial aid system, but not enough to be able to write a check for the cost of education, without feeling that pinch, the Middle Class Scholarship Act reduces fees at the UC system and at the CSU system by two-thirds, giving tremendous assistance to those families to make college affordable again.”

Education advocates say California needs to do something to reverse the spiraling cost of higher education in California, which could do long-term damage to the state, affecting young people and businesses that need skilled workers and spiraling out from there. And these advocates say this short-sighted strategy is easily preventable if there is the political will to address it.

“There are a lot of sources of revenue that are not being taken advantage of,” Lisa Schiff, a member of Parents for Public Schools of San Francisco, told us.

Even if tuitions were lowered or—as the most ambitious of protesters demand—higher education was made free, most former students would still be saddled with massive debt. As costs have risen, debts of hundreds of thousands of dollars are commonplace. With the job market recovery slow and painful, graduates often feel helpless to pay back their debt.

Robert Meister, a professor of Political and Social Thought at UC Santa Cruz and president of the Council of UC Faculty Associations, has long argued that the state’s higher education systems ought to focus on keeping tuitions low and student debt in check (see “In the red,” 1/11/11).

Yet he told us that growing income inequality makes people even more desperate for a college education and willing to accept levels of student debt that limit their ability to become anything more than corporate cogs after graduation. “Their ability to raise tuition is a function of the growth of income inequality,” he told us.

In his speech at UC Davis, Perez cast the issue as one of a disinvestment in the state’s future: “California’s public colleges and universities has been one of our most prestigious institutions, and, unfortunately, because of the collapse of the economy, we’ve moved away from fully investing in those universities and colleges.”

A month later, the school again served as a backdrop for illustrating the problem and calling for reform. Dani Galietti, a MFA student at UC Davis who was setting up a performance art piece when I arrived, greets everyone cheerfully and is thrilled about the Occupy movement.

“I wanted to share myself and my work with the movement,” Galietti tells me while taping a “paper trail” to the sidewalk; she plans to walk on it with home-made stamps attached to the bottoms of her shoes.

But her mood darkens when I ask about her student debt. “I came out of five years of education $100,000 in debt,” says Galietti, “and I’m not the only one.”

She is a first generation college student, she explains, who helped pay for school with McNair scholarships.

“I grew up one of five, with a single mother,” Galietti explains. “We struggled my whole life, as a lot of people have, financially.”

“So many people are graduating with so much debt. There’s this looming fear, fear and hopelessness. The economy’s bad, the job market sucks. I’m so thankful that they’re out here. People are active, they’re making a difference.”

“We need education,” Galietti says. “I mean, knowledge is power.”

 

Mayor Lee praises the importance of nightlife to SF

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Addressing a gathering of nightlife advocates at a California Music and Culture Association event last night, Mayor Ed Lee praised the economic and cultural role that the entertainment industry plays in San Francisco, announced plans to add a “nightlife unit” in the Mayor’s Office of Economic and Workforce Development, and even hinted that Halloween in the Castro might be returning after being shut down during the city’s so-called “war on fun.”

“If I’m going to be about jobs,” he said, referring to his near-constant emphasis on economic development, “it should be both for the day and for the night…I do recognize this as a business, as a serious contributor to the economic engine of city.”

Lee referenced the new Controller’s Office report that was requested by Sup. Scott Wiener, which concludes that the nightlife industry generates about $4.2 billion in annual economic activity in the city (that report will be the subject of a rally and hearing on Monday at City Hall starting on the steps at noon). And he said that the benefits of a vibrant nightlife scene also help make San Francisco an appealing city for other businesses, an indirect economic benefit.

“You’re all part of a great part of the city that keeps everyone refreshed,” Lee said, later adding, “I think we can do more at night. The young people who work gobs of hours need to have an entertaining evening.”

As he announced plans to add a nightlife unit to OEWD, the office that works with private companies looking to locate or expand here, he said, “We, as government, need to fast-track things that are successful.” Yet he also said that public safety is still a challenge and called for the industry to work closely with police to keep everyone safe.

Yet Lee spoke positively about Halloween in the Castro, a once-popular event that was canceled because Mayor Gavin Newsom and then-Sup. Bevan Dufty (who Lee recently hired as his new homeless czar) feared the city couldn’t control it, and Lee alluded to plans being developed to revive it in some form. “I hate to see any event that brought so many people to the city gone,” he said.

The event was held at The Grand, a club owned by CMAC board member and new Entertainment Commissioner Steven Lee. CMAC was formed two years ago in response to crackdowns on SF nightlife by city and state officials.

The war is over. Fun won.

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steve@sfbg.com

>>Read Sup. Scott Weiner’s op-ed on SF nightlife here

Two years ago, the war on fun that the Bay Guardian had been chronicling and decrying since 2006 — involving overzealous cops, NIMBY neighbors complaining about noise, escalating fees on outdoor events, and politicians scapegoating nightclubs for urban violence –- seemed to be reaching a peak of official intolerance.

The San Francisco Police Department and California Department of Alcoholic Beverage Control were running amok, with an especially troublesome pair of enforcers harassing disfavored club owners and guests, getting rough with patrons at private parties, and seizing laptop computers from DJs and cameras from those who documented the abuses (see “The new War on Fun,” 3/23/10). Then-Mayor Gavin Newsom and then-Police Chief Heather Fong and their underlings only fed the conflict with brash statements and by refusing to support the nightlife industry.

But today, all involved say the situation has turned completely around, with the nightlife industry asserting its importance to San Francisco’s culture and economy and getting key support from a new generation of political leaders. It may be too early to say the war on fun is over, but everyone is certainly enjoying a welcome cease-fire.

Police Chief Greg Suhr has longstanding relationships with many leaders in the nightlife community -– and he’s someone who says that he goes out regularly and has a son who plays drums for a local band.

“I consider many of the people in the entertainment community to be personal friends,” Suhr told us. “And if there’s a problem, I don’t think anyone has been shy about approaching me personally.”

At the same time, the industry has taken on a higher political profile in town since forming the California Music and Culture Association two years ago during the height of the conflicts with the city and the ABC. The group now has monthly meetings with a nightlife liaison that Suhr has assigned to work through issues.

“The lines of communication are open. Despite some differences in opinion, there is a growing sense of trust and respect that is developing in these meetings,” CMAC co-chair Alix Rosenthal told us.

Rather than bashing the nightclubs as a source of trouble, political officials have been openly courting CMAC, which holds regular public events and forums on nightlife issues, including an “Industry Cocktail Hour with Mayor Ed Lee” on the evening Feb. 29 from 5-7 p.m. at The Grand, a club owned by the newest Entertainment Commission member, Steven Lee.

Sup. Scott Wiener has also been a strong advocate for nightlife issues, and has commissioned a city study on the economic benefits of the nightlife industry, which he discusses in this week’s Guardian Op-ed and which will be the subject of March 5 rally and hearing at City Hall.

Preliminary results in the study, with was conducted by City Economist Ted Egan, show that the nightlife industry generates $4.2 billion in annual spending, $55 million in taxes, and employs 48,000 people. And those figures don’t include outdoor events such as street fairs or the Outside Lands Festival, which another recent study by concert organizers found generated $60.6 million in San Francisco and $6.6 million in surrounding communities last year.

“People coming into the city to enjoy themselves is our number one industry,” Suhr said, noting how important it is to balance public safety concerns with support for the city’s cultural and entertainment offerings.

Rosenthal said CMAC was happy that Wiener commissioned the study. “This study is going to be helpful,” she said. “We’ll have hard data to show how much the entertainment economy contributes to San Francisco’s entire economy.”

Sorting out the America’s Cup re-do

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I have to say this for Mayor Ed Lee: He’s not so stubborn or egotistical. He’s willing to listen. And when something really, really doesn’t make sense, he’s willing to let it slide.

Not like Gavin Newsom.

If Newsom were still the mayor (ick! gasp!), he’d be desperately trying to keep together the deal that gave five pieces of the waterfront to the sixth richest person on Earth for more than two-thirds of a century. He’d refuse to admit that maybe the promises of vast wealth accruing to the city from what’s really an untested event might be a little lower than projected. He’s be sucking up madly to Larry Ellison, promising him more and more city money if only His Larryness would bestow the greatness of his hotel, restaurant and condo manna upon us poor lowly San Franciscans.

The current mayor has a little more sense. But then, I don’t think Ed Lee spends much time dreaming about the Oval Office.

So now that Ellison’s team realized they weren’t going to be guaranteed enough of a profit on waterfront development and Lee realized that giving away any more of the store, or rushing this through any faster, was bad for the city, we have a deal that’s based on San Francisco hosting a sports event, not on extensive real-estate development on the waterfront. It’s better than it was, and I give the mayor credit for that.

But a few things are worth remembering:

The proverbial devil is in the proverbial details, and right now they aren’t so proverbial. There’s the minor matter of about $15 million worth of upgrades and repairs to the waterfront that’s needed for the race — and the city’s on the hook for it. Right now, it’s not clear where that money’s going to come from.

One option: The city could go back to giving Ellison some property or development rights. The Chron quotes Jennifer Matz, the mayor’s economic development director, saying that the rights to Seawall Lot 330 are still on the table (bad, bad idea). Stephanie Martin, spokesperson for Ellison’s operation, told me there are no long-term development plans included at all. Maybe the city will just pay cash from the General Fund to Ellison (seems unlikely; I’d love to watch that Budget and Finance Committee meeting.) Maybe the Port will sell revenue bonds and pay Ellison out of the projected new income from the event.

Or maybe some other deal that will be bad for the city and good for Larry will emerge, and we’ll all have to fight that one.

I realize that, if the attendance figures are anywhere near what’s projected, the city will still wind up millions of dollars to the good.

But I still don’t understand: Why are we paying Ellison to hold his race here? Yeah, it will bring tourists to the city — but as former Sup. Aaron Peskin points out, we don’t pay the Navy to bring Fleet Week and the Blue Angels to town. If anything, we should be charging these folks for the right to use so much public property for their own commercial gain. (Yes, the America’s Cup involves commercial gain. Ellison does it because he loves yacht racing and likes to win shit, but you don’t think that giant Oracle logo in 80 million pictures in newspapers and on TV isn’t worth a whole lot of money?)

Why isn’t a guy who counts as one of this generation’s great industrialists, with a fortune rivaling the Rockefellers and the Morgans and that gang, donating anything at all to San Francisco? Those old robber barons built libraries and museums and stuff for the benefit of the public. Come on, Larry — step up and help out here. Do the race, defend your Cup, then give something back to the city instead of asking the taxpayers to cover your tab.

PS: I read Randy Shaw’s attack (if that’s what this odd little piece was) on Aaron Peskin, and I wonder — what’s wrong with being a maverick who works from the outside to try to defend the city’s interests? I don’t always agree with Peskin (see: Home Depot) but I can tell you: There are a lot of people inside City Hall who are really, really happy that he’s out there doing what he’s doing. If nobody on the outside was taking on the America’s Cup deal, the city would absolutely be worse than it is. Peskin’s trying to save the city money. Why is that a bad thing?

Here’s what made me really laugh, though: Shaw criticizes Peskin for failing to support Malia Cohen and Jane Kim for supervisor, saying that he could have been mayor if he’d been working for candidates who ended up winning. Huh? Don’t progessives usuall go after pols who sell out their principles for political gain? If Peskin thought that Debra Walker and Tony Kelly would be better supervisors than Cohen and Kim, shouldn’t he be working for them instead of thinking about his own political future?

Odd where Randy Shaw is going these days.

 

 

Dramatic change in the America’s Cup deal

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Mayor Ed Lee has announced dramatic changes in the deal for the America’s Cup race, essentially eliminating the massive real-estate development contract with Oracle CEO Larry Ellison.

Under the new agreement, the city will work with Ellison to host the race — but that’s about the beginning and the end of it.

“There is no long-term development,” Stepahnie Martin, spokesperson for the America’s Cup Event Authority, told me.

The previous deal, set for a Board of Supervisors vote Feb. 28, has been scrapped, so there won’t be any board action tomorrow, Judson True, an aide to Board President David Chiu, told me.

That deal would have given the world’s sixth richest person a swath of valuable waterfront property, with 66-year leases and development agreements, in exchange for Ellison investing millions in renovating the aging piers.

But criticism over what some called a huge giveway of public land was diverting discussion of the yacht race and threatened to undermine the city’s ability to serve as the venue host. Some supervisors were demanding more guarantees that the city wouldn’t lose money on the deal, and Ellison’s team was unwilling to budge.

In a Feb. 27 press release, Lee announced that the teams will be building a race village at Piers 27-29 and consolidating the boat launching facilities at Pier 80, on the southern waterfront. The race village will be temporary, and when the yachts leave, Ellison won’t have title to that property.

He won’t have title or development rights at Pier 80, either, and the plan to let him build on Piers 30-32, 26 and 28 as well as a lot across the Embarcadero appears to be dead.

So the America’s Cup is moving back to what it should be — a sporting event, a race on the Bay, and not some bloated development agreement that involves leases lasting more than half a century.

It’s still not clear how this happened — except that the numbers clearly weren’t working out for either side. The scaled-back agreement prevents the city from losing a fortune if the race doesn’t draw the anticipated crowds, and protects Ellison from losing money on waterfront development plans that regulators (including the Bay Conservation and Development Commission) might never have approved.

The city will still pay the ACEA about $16 million to fix a few things necessary to make the race work, and it’s not clear where that money will come from,

Aaron Peskin, a leading critic of the old deal, told me he’s cautiously optimistic. “It sounds promising, we’re getting this event down to the proper size,” Peskin said.

But he said that he hasn’t seen a written agreement “so it’s hard to tell what is and isn’t still in the deal.”

No mattter what the final agreement looks like, it’s clear that Ellison’s control of the future of the central waterfront has been radically reduced. And it’s clear that the deal former Mayor Gavin Newsom cut with Ellison wasn’t going to work for the city.

It also showed something that I’ve seen over and over again in these city deals with private parties: If the public refuses to go along, most of the time the Larry Ellisons of the world — the same people who insist they won’t move an inch and that the deal can’t be changed — will eventually back down.

 

 

What’s wrong with the America’s Cup deal? A lot

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Let’s start out with a premise that even Larry Ellison’s minions have come to accept: The race is happening here. Too late now to move it to another city. Worst-case scenario, according to Stephen Barclay, the point person for the world’s sixth-richest man: “If we don’t meet those dates, the teams will be forced to relocate to other places around the bay.”

That’s right — the teams will relocate to other places around the bay. The host city will still, for all practical purposes, be San Francisco; the races will happen off SF’s waterfront (where the Coast Guard is willing to allow them and the conditions are right) and the rich tourists will stay here, not in Burlingame or Fremont.

If Ellison decides the city’s not giving him enough, he won’t put up $55 million to fix up some of the waterfront piers. The city may decide that a development deal of some sort with him makes economic sense. But it’s a real-estate deal at this point, not a deal for the race. At least, that’s what the Ellison team seems to be confirming.

And I fear that the real-estate deal that the Board of Supervisors Finance Committee sent forward yesterday, 2-1, is a bad deal for the city.

The terms are really complicated, and it makes my head hurt just trying to figure it all out — and still, the supes are expected to vote on the 120-plus-page document Feb. 28. Here’s what we do know, though:

The supervisors originally came to a deal with the America’s Cup Event Authority back in December. The concept was — and is — pretty straightforward, the same sort of deal the city has done (or, certainly, the Redevelopment Agency has done) many times in the past. In exchange for putting cash into renovating several piers, Ellison’s group would get long-term leases and development rights on the property. The idea: The city can’t afford to fix the piers. Ellison’s organization can. And once the property is renovated, the developer can make back that initial investment, and a profit, by building commercial space, condos and whatever else the Port decides to allow.

In a perfect world, San Francisco (and the state and the feds) would tax the hell out of people like Ellison, and there’d be public money to rebuild the waterfront as public open space, recreational facilities and the like. And wouldn’t that be utterly cool? Wouldn’t this city have the most awesome waterfront in the world?

But no: The only way the piers are going to anything but a place to park cars until they fall into the bay is if some private developer gets the rights to build something that I won’t like.

Supervisors Jane Kim and Mark Farrell, who don’t agree on a lot of things, both agreed with my basic analysis of the politics here: We shouldn’t let the excitement over the prospect of a boat race get in the way of analyzing this for what it is: A financing tool for the Port to get its infrastructure fixed up. Without a private investor, “they just don’t have the capacity to do that,” Kim told me.

So let’s just stipulate for a moment that this is the best, maybe the only way the city can restore the Port. Then it comes down to the real issue: Has the Mayor’s Office negotiated a good enough deal? Is San Francisco getting enough out of this? Or is everyone so hyper-buzzed about fancy carbon-fiber boats in the water (and I admit, they’re pretty cool) and free-spending tourists in the hotels and restaurants that we’re letting Mr. Ellison — who didn’t get so stinky rich by being a weak negotiator — walk away with most of the cookies?

Remember: Ellison’s not doing the city any favors. He’s only fixing up the piers that he will effectively own (as least for most of the rest of this century).

Back in December, the rough outlines looked like this: A corporation set up by Oracle, called the America’s Cup Event Authority, would put $55 million into repairing and renovating piers, then would get  66-year leases and development rights on piers 30-32, 26 and 28, as well as seawall lot 330, across the Embarcadero, which Ellison’s team wants to turn into more condos for rich people. If that’s not enough to pay for Ellison’s investment, Ellison’s heirs or successors get half the rent for the piers for another 15 years. That’s 81 years.

The original deal mandated that the city would collect a 1 percent fee on the re-sale of the new condos. It also had a requirement that Ellison share with the city any profits he made by flipping the long-term leases.

That’s a big deal, because almost nobody in the city actually holds onto development entitlements anymore. A developer wins the right to build an office building — and next week, he or she sells that right to somebody else. It’s almost certain that at some point, Ellison — whose sole goal here is going to be making a profit off city land — will decide that the best way to make money is to cash out. He’ll keep his 66-year leases for a few years, maybe lobby his way to approvals for office, condos, time-shares (gasp! yeah, they’ll do that if it’s legal) restaurants or whatever — then sell the remaining time on the leases, plus the development rights, to somebody else. And because he’s Larry Ellison, he’ll wind up making a nice tidy profit.

That used to be what happened with Port property (see: Pier 39) but lately, the Port’s gotten a bit wiser and has, in some cases, insisted that part of the profit from flipping a lease goes back to the city. In the original discussions, Ellison was going to have to pay the Port 15 percent of any net gains he made from the almost inevitable sale of the valuable leases.

But that’s gone now. After the board approved Newsom’s deal, the former mayor — who was always terrible at negotiation with the rich and powerful and always gave away the store — went back and monkeyed around with it. He and Sup. David Chiu insisted that the changes were just technical, not substantive enough to require a new board vote — but the current deal has no 15 percent cut for the Port, and the 1 percent levy on condo sales only applies after the second owner sells — which will be years down the road.

Then there’s the part where the city has to reimburse Ellison if the cost of renovating the piers exceeds what’s expected (oh, and we have to pay him 11 percent interest, which is about ten times what I get on my bank account; how about you?) There’s no cap on what the city might have to pay. And Ellison gets to develop a new marina.

And while Pier 29 is no longer a part of the deal, the city has to give Ellison $12 million — or rights to a pier to be named later. (Maybe Ellison figures that in a few years the people who opposed Pier 29 development will be out of office and he can convince the new mayor and supervisors to give Pier 29 back. It’s not legally excluded.)

Kim told me she’s going to insist that the final deal include a local-hire provision, which the rest of the board would be crazy not to support (and which Ellison, despite his company’s problems with local labor laws in the past, would be crazy not to accept).

But overall, Kim — who with Sup. Carmen Chu was part of the 2-1 majority sending the package to the full board — told me she thought the city got a good deal. “It took me a while,” she said. “But [Port Director] Monique Moyer convinced me that this was good for them.”

Sup. John Avalos, the dissenting vote on the Finance Committee, isn’t convinced. He’s got a long list of concerns, starting with the fact that he thinks the projected attendance and economic benefits are a bit delusional. “The figures seem farfetched,” he told me. “I’m seeing a lot of pumped up numbers. And those numbers drive whether this is a good deal for the city or not.”

He’d like to see the 1 percent rule apply to the second condo sale, not the third. He’d like to see the Port get 15 percent of the profits from any sale. And he’d like a cap on the reimbursements the city has to give to Ellison.

But here’s the problem: When the development agreement comes before the board, sitting as a Committee of the Whole Feb. 28, it will be hard to put any of that back in the agreement. This is a contract, and while the board can pass a resolution asking for more, in the end, it’s a matter of voting it up or down.

Vote yes and it’s done — more or less as is — although Kim says there will be another chance to make changes down the road, since the board and the Planning Commission will have to sign off on whatever type of development Ellison wants to do. The problem with that scenario? Ellison’s lawyers will wave this development agreement around like a Giants victory towel and proclaim that it binds the city and limits any ability to demand any more changes later. That’s how these people operate.)

Vote no and the ball goes back to Larry’s Court: His group can sit down with the Mayor’s Office and make some changes, or they can walk away (and build their boat sheds in …. where? Oakland? Foster City? Who’s got waterfront that can handle this?)

When the Finance Committee send the package to the full board, Avalos said, “we pretty much lost our ability to influence the agreement. Now we have to decide if we want to call [Ellison’s] bluff.”

PS: One of the lingering issues is whether the America’s Cup Organizing Committee can raise the $30 million-odd that is needed to make the numbers pencil out. If I were a rich person and Mark Buell, the ACOC point person, called me for money, here’s what I’d say:

How much is Larry Ellison contributing?

See, Ellison’s improvements on the waterfront aren’t charity. He’s looking to make a buck off everything he does. In past eras, the great robber baron capitalists would donate civic monuments — libraries and museums and stuff — and by any traditional standard of great wealth, Ellison ought to be writing a personal check for that $30 million. Or at least for some of it.

But so far, he hasn’t given a penny. The sixth richest man in the world isn’t actually donating anything to San Francisco. Yeah, he’s gracing us with his lordly presence, but cash? Nada.

Good luck with that one, Mark.

PPS: This whole concept that the city needs to fix the “crumbling” piers ought to be examined. First of all, nobody’s ever said that Pier 29 was in anything but fine shape. But beyond that, the Bay Conservation and Development Commission considers piers to be bay fill, and in the long term, wants San Francisco to get rid of some of them. “Maybe it’s a good thing if some of the piers fall into the bay,” former Sup. Aaron Peskin told me. “Then we’ll have more leeway with BCDC when we want to fix up some of the others.”

Research assistance by Royce Kurmelovs

Campaign cash roundup and questions about our sleeping watchdog

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Oliver Luby – the last true public-spirited employee at the Ethics Commission (a campaign lapdog when it should be a watchdog) before being forced out in 2010 – has written an insightful and comprehensive analysis of spending by candidates and outside groups during last year’s election. It’s published by CitiReport.

Among his findings are that the largely unregulated spending by supposedly independent third-party groups totaled $3.6 million, with $1.4 million of that going to support Mayor Ed Lee, and much of it coming so late in the race that voters weren’t able to factor its sources into their decisions.

Those outside groups spent almost as much to elect Lee as the campaign itself raised, which was almost $1.6 million. When those two figures are combined, and one subtracts the $419,891 in independent expenditure (IE) spending in opposition to Lee, the appointed mayor and his supporters spent $33.87 for each first place vote he received, or about 2.5-times that of second-place finisher John Avalos, whose $757,327 in “supportive financing” works out to $13.25 per vote.

Luby has long called for Ethics to get tougher on violators of campaign finance law, playing whistleblower at several key points in his career, starting in 2004 when he and then-staffer Kevin DeLiban exposed notorious campaign attorney Jim Sutton’s alleged scheme to illegally launder unregulated funds being collected for then-Mayor Gavin Newsom’s inauguration into paying off some of his $550,000 campaign debt.

In his latest piece, Luby again calls out his old bosses at Ethics for ignoring local laws against maxing out donations to many candidates in order to buy influence at City Hall. Donors are limited to an “overall contribution limit” that equals the maximum individual donation of $500 times the number of offices open, which was three in this election. It allows the city recoup from the campaigns money collected in excess of that, which Luby said totals $29,111 in this election.

“The SF Ethics Commission does not enforce this law. Supervisor Scott Wiener wants to help them get rid of it,” Luby wrote. Ethics Commission Executive Director John St. Croix was out of the office and hasn’t returned a Guardian call for comment.

Among those whose excessive contributions would be diverted to city coffers are Planning Commissioner Michael Antonini (perhaps the city’s most powerful Republican), PR powerhouse Sam Singer, medical marijuana activist Kevin Reed, political fundraiser Wade Randlett, city staffer-turned-developer Michael Cohen, moderate Democrat Mary Jung, and Coalition for Responsible Growth (a pro-development group) President Rodrigo Santo. Not surprisingly, they all contributed to Lee, whose campaign would be on the hook for the most in givebacks, $7,725, followed by David Chiu’s mayoral campaign at $4,700.

Finally, for all their talk about fiscal responsibility, Lee and his supporters couldn’t seem to live within their means in this election. Lee’s campaign finished about $275,000 in debt, while two of the pro-Lee IEs also finished in the red: SF Neighbor Alliance ($11,338) and Progress for All ($35,890), the ethically challenged creators of the “Run Ed Run” campaign that purported to talk Lee out of his pledge not to run for a full term in the office he’d been appointed to.

These are just some of the findings in Luby’s voluminous reporting, so check it.

Everlasting Noise

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emilysavage@sfbg.com

NOISE POP Thao recalls hosting impromptu beer trivia with Mirah during their joint show a few years back, a festive moment she says is telling of Noise Pop. Cursive vocalist Tim Kasher retained playing one of the “most hungover shows imaginable” many years ago at Bottom of the Hill and it still being one of his favorite shows. Archers of Loaf bassist Matt Gentling has a fuzzy memory of playing the fest in 1997 with Spoon and Knapsack. Roddy Bottum and Jone Stebbins of Imperial Teen once declared themselves “King and Queen of Noise Pop” due to a tireless week creeping nearly every show.

Chances are, if you’ve been in a touring band at any point in the past two decades, or you’re a Bay Area music fan, you’ve got a Noise Pop memory or 20. My own? That incredible moment a couple years back when Yoko Ono and Sean Lennon were rejoined on the ornate Fox stage by Deerhoof, Petra Haden, Harper Simon, and a half dozen more for a stage-audience sing-along of “Give Peace a Chance.”

Longtime Noise Pop co-producer Jordan Kurland clearly has endless stories from the fest. Sitting casually in the bright, spacious Mission office of his own Zeitgeist Artist Management, he smiles as he quietly recounts his life within Noise Pop; Guided By Voices at Bimbo’s in 2002 playing an encore of the first eight songs off 1994’s Bee Thousand, taking duel legends Frank Black and John Doe out to breakfast the morning after their co-headlining show, watching Joanna Newsom — a soon to be star — play her third ever show opening for Cat Power.

He then begins methodically ticking off great shows of NP past: Flaming Lips, Grandaddy, Creeper Lagoon, Death Cab, Rodriguez (M. Ward’s early act) at Great American Music Hall, Two Gallants, Superchunk at Bimbo’s, Wolf Mother at Bottom of the Hill — Lars Ulrich happened to be in the crowd for that one. “When you look back at some of the bills, it’s pretty amazing — and the fact that people still come and appreciate it, it’s gratifying,” he understates. Later he mentions, “we’ve had some misses over the years too, stuff that just doesn’t connect.” But he’s too polite to indulge those.

The Noise Pop festival began in 1993, founded by Kevin Arnold who continues to this day, along with Kurland, to produce it. That first year, there were five bands playing one venue, one day. This year, there are 128 bands, playing 19 venues spread out over six days. Plus there’s the Noise Pop-Up pre-events, and the Thurs/16 pre-party with Class Actress, a Painted Palms DJ set, and Epicsauce DJs at the California Academy of Sciences.

“It’s changed so much,” Kurland says. “When Kevin started [Noise Pop], it was about celebrating a scene that really wasn’t well recognized, and most of the bands were like Hüsker Dü or Replacements, you know, noisey pop.” Now, he says, “it’s really just about independently-minded artists. It doesn’t mean that every band that plays the festival is on an independent label, it’s just a certain approach to the craft.”

He adds that they’ve expanded over the years to include electronic music, dance music, and underground hip-hop. “I feel like we’re all getting older — I know, weird. But our staff is immersed in the culture of this so we have a good sense of what people are listening to — I mean, we’re not going to start booking yacht rock.”

Kurland joined Arnold in 1998, the sixth year of Noise Pop. “At that point, Kevin had been saying for the past five years, ‘this is the last year,’ ‘this is the last Noise Pop, I can’t do it anymore.’ He had a day job in the technology industry, but I was working for another management company so it was easier to weave [booking bands] into the fabric of my day.”

The year Kurland joined, the Flaming Lips did the momentous boombox experiment (pre-Zireka) at Bimbo’s, and Modest Mouse played its first show at Great American Music Hall. In the years that followed, the organizers introduced the Noise Pop Film Festival, which screens music-enwrapped flicks, and have toyed with different music education forums. There was once Noise Pop Night School, this year, there’s Culture Club at Public Works, where you can learn how to bounce with Big Freedia, or all about art, animation, and film with Aaron Rose and Syd Garon. The fest, which began a small indie music creature, is now a many-headed culture beast.

This year is a significant year for Noise Pop, as Kurland is well aware. “You only get one 20th anniversary…so for this year it was a big effort to bring back bands that have played.” He and Arnold called up acts such as Flaming Lips, Archers of Loaf, Bob Mould, and Imperial Teen, all of which played early on.

There’s also Thao and John Vanderslice, locals who have both separately played Noise Pops past in different incarnations, and who this year will co-headline Bottom of the Hill. At that show Thao will be testing out five to six new songs, and says “depending on the reaction, they may or may not go on the new album.”

There is, however, one act that will be brand new to Noise Pop this year and yet, is still part of the tradition in a sense. Kurland has been trying to nab Built to Spill for the fest for the past 14 years, to no avail, though it did once play Treasure Island (also part of Noise Pop Industries). His annual reach-out for the act has become a tradition in its own right. “Every year it’s like a joke, I call them up, and it actually worked this year!”

That Built to Spill show at the Fillmore, however, is long sold out, as are many of the big names — Flaming Lips, Atlas Sound, Imperial Teen, even comparatively newer acts like Grimes. Though those who purchased badges will still have the opportunity to check them out, and there are dozens of other impressive lineups. “It’s definitely moving quicker this year,” Kurland says when the rate of sell-outs is pointed out. “I think there’s more attention on the festival.”

“It seems obvious, but I feel every year we get a little more established,” he adds. “I feel like not that long ago people who should know what Noise Pop is, didn’t.”

Noise Pop also inevitability brings a whole batch of artists wandering the city. Stebbins from Imperial Teen is hoping to catch Archers of Loaf at Great American Music Hall, Christie Front Drive at Cafe Du Nord, and Craig Finn at Bottom of the Hill, among other fellow artists. Interestingly, Kasher from Cursive also mentions those exact shows. Kurland, the eternal music fan, is also ready to haunt SF’s venues yet again. “I’m kind of stressed about some of the nights, I’m like, okay, Saturday night I’ve got Surfer Blood, but also Archers of Loaf…”

Time again to start marking those schedules, fanatics.

NOISE POP

Feb. 21-26

Various venues, SF

2012.noisepop.com