Real Estate

Held underwater

1

sarah@sfbg.com

Since the recession began four years ago, 2,000 homes have been lost to foreclosure in San Francisco. These numbers sound insignificant compared to other counties in the Bay Area, but they primarily have hit communities of color already struggling to remain in this expensive city.

As panelists at a recent seminar on foreclosures noted, the first wave hit the Bayview and the Excelsior, while the second hit the Richmond and the Sunset. And as the recession drags on and more borrowers go underwater, another 2,000 foreclosures are on the local horizon.

Although foreclosures continue to destabilize communities and drain resources from local governments, the banking lobby continues to oppose legislative reforms that would allow more people to remain in their homes. And this deep-pocketed resistance has labor, religious, and educational organizations forming the New Bottom Line coalition in an effort to find grassroots solutions to the crisis.

“Foreclosures are the new f-word,” said Regina Davis, CEO of Bayview’s San Francisco Housing Development Corporation, at SFHDC’s April 29 foreclosure seminar.

Sups. John Avalos and Malia Cohen illustrated that there is no shortage of horror stories about predatory lending and dual tracking, in which borrowers apply for loan modifications while the bank continues to pursue foreclosure. Representatives for Sup. Ross Mirkarimi and Assessor-Recorder Phil Ting noted that the banking lobby has blocked even the most modest reforms, even as uncertainty continues to devastate the housing market.

Avalos said his family underwent a housing crisis in 2009, when his wife left her job to home school their special-needs daughter. “We tried to get a loan modification and were told we could only get it by going into default,” he said, recalling how Mission Economic Development Agency (MEDA) helped them navigate the process. “If this could happen to an elected official, it could happen to anyone.”

Cohen, who lost her condo in the Bayview to foreclosure earlier this year, described foreclosure as “an incredible beast that has ravaged and wrecked the finances of many Latino, African American, and Asian communities who were sold the American dream of homeownership but then had the rug pulled away.”

Mirkarimi aide Robert Selna, a former San Francisco Chronicle reporter, said the banking industry spent $70 million last year to kill legislation by state Sen. Mark Leno (D-SF) and Senate President Darrell Steinberg (D-Sacramento) to end dual tracking. This year, the industry has been opposing SB729, Leno and Steinberg’s latest attempt to require banks to give people a definitive answer on loan modification, identify who owns the loan, and give borrowers legal recourse if banks don’t take these steps.

“SB729 gets to the heart of helping to keep people in their homes, but it’s difficult to combat the spending power of the banking industry,” Selna said.

Ben Weber, an analyst in the Assessor-Recorder’s Office, said approximately 277,000 homes in California are going through the foreclosure process; an estimated 1.8 million California residents are underwater on their mortgage; and California is sixth in “negative equity” nationwide. “Negative equity is one of the best indicators of foreclosures — so can we expect another 1.5 million to 1.6 million foreclosures statewide?” he asked.

Weber noted that Ting is supporting AB 1321 by Assemblymember Bob Wieckowski (D-Fremont), which would require that all mortgage assignments be recorded within 30 days of their execution; prevent notices of default from being recorded until 45 days after any deed of trust has been recorded; and provide consumers with better transparency about who owns their debt. Yet Ting’s office reports that the banking industry has lobbied against this and other foreclosure-related legislation

Weber said the legislation is a response to problems with the industry’s Mortgage Electronic Registration System (MERS), which was introduced 15 years ago. “The mortgage industry wanted to expedite the transfer of mortgages between entities so that they could be sold and resold on Wall Street,” Weber said, noting that the system also allowed the industry to avoid paying recording fees to counties.

MERS records an average of 6,700 deeds of trust annually in San Francisco, and MERS deeds of trust are usually transferred two to four times, Weber observed. “So MERS members avoided — conservatively — $134,000 per year in fees.”

Grace Martinez of Alliance of Californians for Community Empowerment noted that the banking lobby already killed AB935 by Assemblymember Bob Blumenfield (D-Northridge), which sought to charge a $20,000 fee to compensate for the estimated cost of a foreclosure to local government. “That money would have gone back to the city,” she said.

In an April 14 letter, the banking lobby claimed Blumenfield’s bill was a tax that increases the costs of homeownership for new borrowers. “It also serves to discourage the importation of capital into California at a time when the federal government is winding down their involvement in mortgage finance and protracts and complicates California’s economic recovery,” stated the letter, which the California Bankers Association, the California Chamber of Commerce, and other business groups signed.

But Dan Byrd, research director at Berkeley’s Greenlining Institute, reminded the mostly black and brown crowd at SFHDC’s foreclosure seminar that declining property values due to foreclosures have drained $193 billion from African American and $180 billion from Latino communities nationwide. “Folks from these communities who had credit good enough to qualify for a prime loan were given subprime loans with adjustable mortgage rates,” he said

Byrd stressed that homeowners facing foreclosures need to be more financially literate. “A lot of loan documents are written in language that people can’t understand, and they don’t have the money to hire a lawyer,” Byrd said, as he urged politicians to fund organizations that provide financial counseling and education. “Our elected federal officials just cut the budget that supports SFHDC and similar groups.”

SFHDC housing counselor Ed Donaldson said appraisal values make it hard to sell the below-market-rate units that are coming online. “So if we don’t do something about the foreclosure problem, the housing market will continue to unwind,” he said, urging people to protests banks and show up at City Hall and in Sacramento to support reform.

The Rev. Arnold Townsend, vice president of the local branch of the National Association for the Advancement of Colored People, said San Francisco likes to pretend that the foreclosure crisis didn’t really affect the city. “But it did,” he said. “It badly hit people of color that the city, by its policies, doesn’t seem to care if they leave.”

Attorney Henri Norris noted that bankruptcy can be an alternative to foreclosure. “A bankruptcy can stop a foreclosure, at least temporarily,” Norris said. He recommends that people make their loans current and try to get a loan modification approved. “But it’s going to take running a marathon.”

Avalos, who is running for mayor, noted that the city does not fund enough affordable housing and he proposed an affordable housing bond that would include assistance for mortgage assistance, ownership downpayment, seismic retrofitting, and energy efficiency. “I understand that voters see no personal benefit, but it would raise wealth in property values,” he said.

Cohen observed that the federal Homeowners Affordable Modification Program (HAMP), which President Obama unveiled in March 2009, “hasn’t worked” and that most of the important reform proposals are “happening at the state level.” She encouraged people to show support for SB729, but wasn’t ready to declare support for Avalos’ housing bond.

“I want to make sure the climate is ripe, that Sups. Carmen Chu and Eric Mar are included, because their districts will be impacted by foreclosures, and that the support is broad-based,” she said. “But folks can divest from banks that have not treated us right.”

Noting that divestment was the most effective way to end apartheid in South Africa, SFHDC’s Davis invited seminar participants to a free screening of Charles Ferguson’s documentary Inside Job, which shows how subprime loans, dual tracking, and mortgage bundling triggered the 2008 financial meltdown — and how many of the main players are still calling the shots.

But despite SFHDC’s informative seminar and the New Bottom Line campaign’s May 3 protest at Wells Fargo’s annual shareholder meetings in San Francisco, SB729 failed to make it out of committee May 4, when Sen. Alex Padilla (D-Van Nuys) announced he would introduce an alternative dual tracking bill. In addition, Wieckowski turned his MERS reform into a two-year bill, suggesting the votes weren’t there to approve it.

Paul Leonard, California director of the Center for Responsible Lending, observed that SB729 supporters include a broad array of consumer, civil rights, labor, faith-based groups, and homeowners, but the only groups in opposition were the California Bankers Association, the Mortgage Bankers Association, and the Chamber of Commerce.

“I find it remarkable that after the exposure of deep-seeded scandals about robo-signing and the systematic shortcomings of mortgage loan service operators, none of the bills intended to address these issues got out of their first committee hearing,” Leonard said.

In an April 20 letter, the banking lobby claimed that SB729 was “unnecessarily complex,” could overlap and contradict actions by federal regulators and state attorneys general, and promote strategic defaults that would negatively affect communities and cloud title for a year following a foreclosure, leaving properties vacant.

Dustin Hobbs of the California Mortgage Bankers Association claims the average time for a foreclosure is more than 300 days. “This would have dragged it out further, and the last thing we need is more vacant homes and more homes in foreclosure,” he said.

Ting noted that Wieckowski made the call to turn AB1321 into a two-year bill. “But you would have thought we were offering the end of home ownership,” Ting said, noting that the banking industry was shocked when advocates produced a MERS memo that encourages banks to record documents and pay fees. “It basically recommended our legislation,” Ting observed.

“Assignments out of MERS name should be recorded in the county land records, even if the state law does not require such a recording,” a Feb. 16 MERS memo said.

Ting describes MERS as “a Wall Street set-up, the ultimate in smoke and mirrors.”

“We did a little poking around in MERS and found that it would help if the name of the loan owner was recorded,” Ting said, noting that the confusion MERS created is bad for consumers, the real estate industry, and homeowners.

“Part of the problem is computer systems doing what banks used to do,” Ting said. “It ended up with robo-signing and foreclosures being sent to the wrong people. I thought AB1321 was a no-brainer, but we had to take it to five or six legislators before anyone would pick it up. This is a prime example of how a particular industry has made a huge amount of money and is unwilling to bend any rules to give consumers any recourse.”

But CMBA’s Hobbs described AB1321 as “part of a broader attack on MERS.” And an April 21 opposition letter from the banking industry describes it as “creating impediments for attracting capital to California’s mortgage marketplace and imposing significant new workloads on county recorders and clerks.”

Ting says he has heard lobbyists make that argument. “But my assessor recorders organization supported it — and they are mostly not elected officials,” he said, noting the group usually doesn’t get involved in promoting legislation.

Ting admits that it’s hard to get the national reforms that are needed. “San Francisco still has a big part to play. And our legislators are still very powerful, so we have no excuse not to be fighting in Sacramento where the Democrats have a supermajority. I mean, how could these bills not get out of committee? It’s not like we didn’t take amendments, but no level of amendments would have made anything happen.”

“Foreclosures typify this financial and political era,” he continued. “They are about all the things we should have seen coming — and some of us did. But even then, and now, there is political amnesia. For all the families that lost their homes, shouldn’t we do something to make sure this doesn’t happen again? Wall Street was bailed out two years ago, but Main Street is still waiting.”

Hundreds Protest Wells Fargo Shareholder Meeting in SF

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The New Bottom Line, a national campaign to hold banks accountable for foreclosures, kicked off in San Francisco this week, as hundredsmarched through the Financial District to demand that Wells Fargo change corporate policies that bankrupt families, dismantle neighborhoods, and empty public coffers.
During the bank’s annual May 3 shareholder meeting, a group of homeowners and clergy addressed Wells Fargo CEO John Stumpf to demand a foreclosure moratorium.
According to protest organizers, which include Contra Costa Interfaith, ACCE (Alliance of Californians for Community Empowerment) and other members of the New Bottom Line Campaign, unlike other national banks, Wells Fargo has not changed its foreclosure procedures despite reports of “robo-signing” and other foreclosure irregulalities.
“Since 2005, I have been fighting Wells for wrongful foreclosure,” San Leandro resident Donna Vieira said in a press statement. “But through this process, I have learned that I am not alone. A quarter of foreclosures in this country happen right here in California and 700,000 families are in foreclosure right now. We need these banks to have a new bottom line that includes investing in our communities.”
The New Bottom Line Campaign notes that, according to the U.S. Departments of Treasury and Housing and Urban Development, 350,169 Wells Fargo homeowners were eligible for the Home Affordable Modification Program (HAMP) by the end of 2009. But as of Feb 2011, only 77,402 homeowners have received permanent modifications.
Protestors note this only amounts to a 22 percent modification rate, more than two years after the HAMP program began. They also charge that Wells Fargo has canceled 118,697 trial modifications and denied 175,336 homeowners from accessing HAMP.But during this same two-year period, Wells Fargo received nearly $43.7 billion in federal bailout funds, according to a study by the nonpartisan think tank, Nomi Prins of Demos.And in 2010, Wells Fargo reported to the Securities and Exchange Commission that it paid its CEO John Stumpf more than $17 million, including a $14 million bonus.
Protestors also claimed that, over the last ten years, Wells Fargo has paid the lowest worldwide tax rate of the top five biggest banks and did not pay federal taxes in 2009.
Protestors said the May 3 action was supported by a coalition of community organizations, congregations, labor unions, and individuals working to challenge established big bank interests on behalf of struggling and middle-class communities.
“Together, we work to restructure Wall Street to help American families build wealth, close the country’s growing income inequality gap and advance a vision for how our economy can better serve the many rather than the few,” campaign organizers stated.
The New Bottom Line campaign, whic includes National People’s Action, PICO National Network, Alliance for a Just Society, ACCE, and Industrial Areas Foundation of the Southeast (IAF-SE), is making five main demands of Wells Fargo.


1.KEEP FAMILIES IN THEIR HOMES:
“We are demanding that Wells Fargo establish a moratorium on all foreclosures until it negotiates with our coalition to establish comprehensive reforms to their loan modification practices, including offering principal reduction; affordable, fixed interest rates; and provide proof of ownership of the loan,” NBL said in a press release. “We are also calling on Wells Fargo to cease all illegal evictions of tenants in foreclosed properties and commit to working with real estate companies and servicers who follow local and state tenant protection laws.”


2. STOP PREDATORY LENDING:
“We are demanding that Wells Fargo stop financing predatory payday lending companies and stop providing predatory payday loans to their own customers,” NBL stated.


3. REBUILD OUR NEIGHBORHOODS:
“Cities and counties estimate that it costs approximately $34,000 per each foreclosed home that becomes vacant and a potential blight on our communities,” NBL continued. “We are demanding you maintain and PAY the fines on your blighted properties and help share in the cost to our cities and counties starting with Cities and Counties throughout California with Foreclosure Blight and Building Registration Ordinances.”


4. PAY YOUR FAIR SHARE:
“Wells Fargo needs to stop exploiting loop‐holes in property tax laws and federal tax shelters to avoid paying its fair share of local, state and federal taxes,” NBL stated.


5. RESPECT HUMAN RIGHTS:
“We are calling on Wells Fargo to stop investing in the GEO Group and other corporations that are profiting off of immigrant detention centers and private prisons that detain immigrants and separate families,” NBL concluded.


During the May 3 action, eight protestors were reportedly arrested for civil disobedience.

Last stand against Lennar

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news@sfbg.com

Hunters Point, the last major swath of usable land in San Francisco, appears at first glance to be a developer’s dream — a prime piece of real estate with sweeping views of the bay, ample space, and a city government eager to capitalize on its potential.

But community groups have filed lawsuits challenging the project’s many uncertainties, such as the fate of the toxic stew beneath the former U.S. Navy base in the heart of the project area, and both sides are now awaiting a court ruling on whether more studies are needed.

As an EPA-designated Superfund site, the 500-acre plot is home to an abundance of buried chemical contaminants, radioactive waste, and other unknown toxins, and the Navy has been slow to clean it up. Concerned that development plans have been premature in the face of this lingering mess, opponents filed lawsuits against developer Lennar Corp. and the city last year.

The project, approved July 2010 by the Board of Supervisors, includes plans for a new stadium for the 49ers, 10,500 housing units, parks, and commercial retail space. It has received praise from city and state government agencies as an economic and cultural boon to the community. But activist groups say the cleanup should happen before development occurs.

The Sierra Club settled its lawsuit over the project after the developer made some design changes (see “Uncertain developments,” Jan. 18), so the lawsuit filed by People Organized to Win Employment Rights (POWER) and Greenaction is the last piece of litigation holding up the project. At the core of the legal challenge is whether the environmental impact report (EIR) properly analyzed the health impacts from toxic contamination at the site. After an April 18 hearing on the case, both sides are awaiting a ruling on whether the claims have merit and should be the subject of further study.

Activists claim the EIR violates California Environmental Quality Act protocols because it contains too much uncertainty, including the unknown fate of a large parcel of land slated for a stadium that is contingent on whether the 49ers decide to stay in San Francisco. POWER wants more details about the possible threats to human health before the 20-year project gets the final green light. But since the Navy is responsible for the cleanup, Lennar and the city have repeatedly countered that a full analysis is not their responsibility.

“The main issue that Greenaction and POWER have been concerned about throughout lawsuit is that it’s very unclear from the EIR what exactly is going to happen and what level of contamination will be left,” said attorney George Torgun with EarthJustice, which is representing the community groups. “What are the impacts of building on a federal Superfund site? There is a real lack of knowledge in the EIR.”

April 18 was the second of two recent hearings held on the case. On March 24, Judge Ernest H. Goldsmith listened to a full day of testimony before a packed courtroom. Subsequent settlement discussions weren’t successful, so both sides returned to court to seek a ruling that is expected sometime in the next two months.

Lennar attorneys offered to relinquish the possibility of a pre-cleanup early transfer of the property, which has been a major concern for POWER. Under this proposal, no development on any of the six parcels slated for transfer from the Navy could proceed until the federally mandated cleanup process was finished and certified. However, POWER does not believe this offer reduces the scope of the issues because final approval would still ultimately award control of the land to the developer based on what they believe is a flawed EIR.

“Severing any discussion of early transfer from this EIR would only serve to worsen the defects that petitioners have identified and would be contrary to the requirements of CEQA,” Torgun wrote in the April 13 letter to the court.

POWER’s counterproposal would allow large portions of the project to go through — rebuilding the Alice Griffith housing project and development on Candlestick Point — but Lennar considers it economically unfeasible. These portions of the project are not located on the shipyard but are included in overall plan.

“We want to see the project move forward with Alice Griffith and Candlestick Point,” said POWER organizer Jaron Browne. “They’ve rebuilt housing projects at Cesar Chavez and other areas in the city — why can they only rebuild this one if they can redevelop the shipyard? It’s a political game that Lennar has tied the rebuilding of it to this mammoth 770-acre development.”

Lennar representatives wouldn’t comment for this story. Community members have clashed with the megadeveloper over health issues in recent years. In 2008, Lennar was fined more than $500,000 by the Bay Area Air Quality Management District for allowing dust containing asbestos to settle on the surrounding neighborhoods. Then, in March, community organizations released a report showing e-mails from 2006 to 2009 between the EPA, the San Francisco Department of Public Health, and Lennar revealing a possible cover-up of the asbestos exposure.

“They underestimated our understanding of what is happening here,” Browne said. “The whole heart of this issue is that this is a Superfund site. Even if you remove the possibility of early transfer, they are still planning on doing work while remediation is still years to go on other parcels.”

Longtime Bayview resident and Greenaction member Marie Harrison said that not only is the EIR too fraught with uncertainty, it’s incomplete. “There are over 600 blank pages in that document,” she said. “How can you approve an EIR that is supposed to tell you what is there, what the effects will be, and what the project will be? We kept asking the supervisors: How do you convince the community that they are doing something that is good and safe when the history shows otherwise?

During both court hearings, it was evident no clear definition of the project exists since it contains many variables to account for unknowns. Attorneys for Lennar and the city argue that the EIR effectively addresses each potential use and demonstrates a full knowledge of possible contaminants.

Wilma Subra, an environmental scientist for New Orleans-based Environmental Health Advocates, has worked with POWER and Greenaction to understand the breadth of contamination and the typical process of cleanup of a Superfund site. She pointed out that the Navy’s cleanup plan is completely separate from the EIR submitted for the project.

“Those two documents don’t agree with what development will be,” Subra said. “Usually you wait much longer in the process to really know that the land is safe. In a normal Superfund process, you would first do an implementation of the remediation process, find out if it worked, then — years down the line — you would start thinking about development.”

If the EIR is deemed inadequate, Lennar and the city will be required to further analyze the contaminants, outline cleanup strategies, and resubmit a new EIR. If the judge rules the EIR satisfies CEQA, the project can move forward.

“CEQA is one of the few really democratic processes,” Browne said. “If you just have this one moment in 2011 when people are able to comment and weigh in, and then have 20 years where they are building within that, it’s not really fair.”

Reject the Treasure Island plan

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EDITORIAL After a long, long hearing April 21, as the San Francisco Planning Commission prepared to vote on an ambitious development plan for Treasure Island, Commissioner Gwyneth Borden acknowledged that the plan wasn’t perfect. But, she said, on balance it ought to be approved: “Twenty five percent affordable housing is better than zero percent.”

That’s not necessarily true.

Treasure Island is an usual piece of real estate, 403 acres of artificial land created in 1937 by dumping sand and dirt on a shallow part of the bay. It’s less than two miles from downtown San Francisco — but there’s no rail service, no BART station. The only way off the island is by boat — or by driving onto a Bay Bridge that’s already jammed way beyond capacity every morning and afternoon.

The soil is unstable, prone to liquefying in an earthquake — and if sea levels rise as high as some predictions suggest, the whole place could be underwater in a few decades.

A strange hybrid agency called the Treasure Island Development Authority, created by former Mayor Willie Brown, cut a deal with Lennar Urban (the same outfit that has the redevelopment deal for Bayview Hunters Point) and several partners to construct a neighborhood of some 19,000 people on the island. Among the features: a 450-foot condominium tower and 6,000 units of high-end housing. The developers brag that a fleet of new ferries will offer a 13-minute ride to the city and that some streets will be designed for pedestrians and bicycles.

But the fact remains that the developers want to add 19,000 new residents — almost all of whom will work off the island somewhere — to a place that has no credible transportation system. City studies show that even with an extensive (and costly) ferry service, at least half the new residents would drive cars to work (and, presumably, to shop, and go to movies, and eat and drink), joining the mob of vehicles heading east or west on the bridge. That’s almost 10,000 new cars each day trying to jam onto a roadway that can’t handle the existing traffic. The backups would stretch well onto San Francisco surface streets and as far back as Berkeley.

A rail line on the Bay Bridge would solve part of the problem. So would bike lanes. Neither option is even remotely possible in the foreseeable future. Free, or heavily subsidized ferries could, indeed, be a positive alternative — but who is going to pay for that service? Nonsubsidized ferries would be far more expensive than current Muni or BART service, a particular burden on the residents of the below-market housing.) And does anybody really think there’s going to be enough ferry capacity to carry 10,000 people a day to downtown SF, the East Bay, and the Peninsula?

The bottom line: this isn’t a good deal for San Francisco. The affordable housing level is too low. The transportation problems are nightmarish. The last thing Treasure Island needs is a 450-foot tower.

There’s no rush to approve this — and no immediate downside to waiting for a better deal. The supervisors should tell Lennar to come back with a project that has fewer residents, better transit options, and more affordable housing. Because zero is looking a lot better than what’s on the table.

PS: The 4-3 Planning Commission vote demonstrated exactly why it’s important to have key commission appointments split between the mayor and the Board of Supervisors. The mayoral appointees all rolled over — but at least the board-appointed members made strong points, forced real debate, and gave the supervisors plenty of ammunition to demand a better deal.

Editorial: Reject the Treasure Island plan

1

After a long, long hearing April 21, as the San Francisco Planning Commission prepared to vote on an ambitious development plan for Treasure Island, Commissioner Gwyneth Borden acknowledged that the plan wasn’t perfect. But, she said, on balance it ought to be approved: “Twenty five percent affordable housing is better than zero percent.”

That’s not necessarily true.

Treasure Island is an usual piece of real estate, 403 acres of artificial land created in 1937 by dumping sand and dirt on a shallow part of the bay. It’s less than two miles from downtown San Francisco — but there’s no rail service, no BART station. The only way off the island is by boat — or by driving onto a Bay Bridge that’s already jammed way beyond capacity every morning and afternoon.

The soil is unstable, prone to liquefying in an earthquake — and if sea levels rise as high as some predictions suggest, the whole place could be underwater in a few decades.

A strange hybrid agency called the Treasure Island Development Authority, created by former Mayor Willie Brown, cut a deal with Lennar Urban (the same outfit that has the redevelopment deal for Bayview Hunters Point) and several partners to construct a neighborhood of some 19,000 people on the island. Among the features: a 450-foot condominium tower and 6,000 units of high-end housing. The developers brag that a fleet of new ferries will offer a 13-minute ride to the city and that some streets will be designed for pedestrians and bicycles.

But the fact remains that the developers want to add 19,000 new residents — almost all of whom will work off the island somewhere — to a place that has no credible transportation system. City studies show that even with an extensive (and costly) ferry service, at least half the new residents would drive cars to work (and, presumably, to shop, and go to movies, and eat and drink), joining the mob of vehicles heading east or west on the bridge. That’s almost 10,000 new cars each day trying to jam onto a roadway that can’t handle the existing traffic. The backups would stretch well onto San Francisco surface streets and as far back as Berkeley.

A rail line on the Bay Bridge would solve part of the problem. So would bike lanes. Neither option is even remotely possible in the foreseeable future. Free, or heavily subsidized ferries could, indeed, be a positive alternative — but who is going to pay for that service? Nonsubsidized ferries would be far more expensive than current Muni or BART service, a particular burden on the residents of the below-market housing.) And does anybody really think there’s going to be enough ferry capacity to carry 10,000 people a day to downtown SF, the East Bay, and the Peninsula?

The bottom line: this isn’t a good deal for San Francisco. The affordable housing level is too low. The transportation problems are nightmarish. The last thing Treasure Island needs is a 450-foot tower.

There’s no rush to approve this — and no immediate downside to waiting for a better deal. The supervisors should tell Lennar to come back with a project that has fewer residents, better transit options, and more affordable housing. Because zero is looking a lot better than what’s on the table.

PS: The 4-3 Planning Commission vote demonstrated exactly why it’s important to have key commission appointments split between the mayor and the Board of Supervisors. The mayoral appointees all rolled over — but at least the board-appointed members made strong points, forced real debate, and gave the supervisors plenty of ammunition to demand a better deal. *

 

House haunters

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cheryl@sfbg.com

SAN FRANCISCO INTERNATIONAL FILM FESTIVAL Remember that episode of The Brady Bunch where Carol and Mike decide to sell the house and the kids fake-haunt it to scare off potential buyers? It’s the pop culture moment I always think of when I hear about an apartment with suspiciously cheap rent. First reaction: “Wow! Is it haunted?”

In real life, low rent usually means the place is the size of a broom closet or has some other easy-to-discover flaw. But in Emily Lou’s The Selling, ghostly squatters — plus bleeding walls, exploding toilets, and other unexplained phenomena — are a legit concern for real estate agent Richard Scarry (“like the children’s book author”), played by the film’s screenwriter, Gabriel Diani.

Richard’s trying to sell the troublesome house quickly to pay for his mother’s medical bills, so he turns to blogger and spirit-world expert Ginger Sparks (Etta Devine) for help. The previous tenant, a serial killer nicknamed “the Sleep Stalker,” could be the root cause — but the supernatural goings-on prove more sinister than Richard and Ginger expect. Mayhem (inspired by haunted-house films past, including 1979’s The Amityville Horror, 1982’s Poltergeist, 1980’s The Shining, 1987’s Evil Dead II, and 1988’s Beetle Juice) inevitably ensues.

The Selling is Lou’s first feature; it’s having its world premiere as part of SFIFF’s “Late Show” program. Her background is in theater directing, which is how she met Diani — they both studied at San Francisco State University, and later collaborated on a play at the San Francisco Fringe Festival. Diani was also a part of Totally False People, a comedy troupe instrumental in founding San Francisco Sketch Comedy Festival (TFP O.G.s Janet Varney and Cole Stratton also have roles in The Selling).

Though the film was shot in Los Angeles (lowbrow comedy fans may recognize the house — it’s the same one used in 2008’s The House Bunny), Lou, who grew up in Yuba City, lives in Oakland. She was inspired to trade the stage for a film set for tangible reasons.

“I did a lot of theater and I’d spend all this time and energy creating this product I was really proud of — and not only my time and energy, but a lot of other people’s too. And at the end of the day, like 50 people would have seen it,” she says. “It struck me that I wanted to create something timeless, something we could keep and contain — and hopefully a greater audience could see it. The idea of this moment in time with theater just passing by didn’t seem like enough. I wanted something longer-lasting, something that gave a little bit more to the people who put their heart and souls into it.”

After getting a camera and shooting “a couple of terrible short films,” Lou contacted Diani, whose writing skills she admired. Ironically, horror isn’t her favorite genre. “I am so easily scared,” she confesses. “But Gabe and I are both drawn to older, classic horror rather than the new, Saw-type horror.”

Though it has spooky elements, The Selling is more comedy than frightfest. Directing two genres at once required a certain amount of flexibility on Lou’s part. “Horror has a lot more to do with the visual components, like the set and makeup — and setting up for the shot, because it’s probably going to be enhanced with some after-effects. With comedy, if it’s funny, it’s funny — let’s just capture the funny.”

The Selling‘s cast is largely unknown (unless you’re a Sketchfest diehard), but it does feature a cameo by Rocky Horror Picture Show (1975) royalty Barry Bostwick, playing a daffy exorcist. “We were fans of his, and we approached his agent. Barry read the script, and he really liked it and wanted to do it,” Lou says. “It just kind of went from there, and he worked for less than he normally works for — he’s also a fan of classic horror. He was amazing to work with, just a great guy.”

THE SELLING

April 29, 11:30 p.m.;

May 4, 4:15 p.m., $13

Sundance Kabuki

1881 Post, SF

www.sffs.org

Extra! Nevius finds a bad landlord!

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Our old buddy C.W. Nevius actually found a landlord he doesn’t like — a guy named Peter Iskander who is trying to toss some seniors and disabled people out on the streets. In a classic bleeding-heart column April 17, he lamented the pending evictions, which would pave the way for the landlord to turn some rental units into tenancies in common:


Imagine the sight of Carlo Tarrone, who is in his 70s and uses a walker, and Sandy Bishop, who is 70 and has lung cancer, forced out of their homes.


Imagine it, Chuck. It happens all the time. It’s been happening for years in this city (and elsewhere), in large part because of the Ellis Act, a truly abominable law that paves the way for landlords to evict tenants and then sell the units for fast cash. Nevius seems to understand that the Ellis Act is behind this particular horror story — but instead of suggesting that the law ought to be changed, he ends his column by suggesting that San Francisco ought to make these sorts of evictions more profitable:


Maybe it is time to start looking at ways to get middle-class buyers into San Francisco real estate. Mayor Ed Lee is looking at a one-time “condo bypass,” an idea floated by Mayor Gavin Newsom in 2010, where tenancies in common residents could pay a large fee to be allowed to convert to a condo. No one would be evicted, and the cash-strapped city could gain millions in fees.


Another plan is “fractional” mortgages for tenants in common. Rather than the old model where everyone in the building is part of a large single mortgage, each unit would have its own mortgage, making it sort of a pseudo-condo.


Actually, Chuck,  both of those plans will make condos and TICs more attractive. That means more evictions of old people — and poor people, and middle-class people who want to live in the city and are getting forced out by somewhat richer middle class people. It’s an awful situation, and what Nevius calls for would just make it worse.


When there’s enough publicity, sometimes bad landlords back off, and I’m sure Nevius will celebrate if that happens as the result of his column. I’ll be happy, too; every inappropriate eviction averted is another small victory. But most tenants don’t get daily newspaper columns written about tham, and you can’t fight this battle one case at a time. You need structural reforms, and repealing the Ellis Act is step one.  




The joy of life

0

arts@sfbg.com

FILM To say that Bill Cunningham, the 82-year old New York Times photographer, has made documenting how New Yorkers dress his life’s work would be an understatement. To be sure, Cunningham’s two decades-old Sunday Times columns — “On the Street,” which tracks street-fashion, and “Evening Hours,” which covers the charity gala circuit — are about the clothes. And, my, what clothes they are.

But Cunningham is a sartorial anthropologist, and his pictures always tell the bigger story behind the changing hemlines, which socialite wore what designer, or the latest trend in footwear. Whether tracking the near-infinite variations of a particular hue, a sudden bumper-crop of cropped blazers, or the fanciful leaps of well-heeled pedestrians dodging February slush puddles, Cunningham’s talent lies in his ability to recognize fleeting moments of beauty, creativity, humor, and joy.

That last quality courses through Bill Cunningham New York, Richard Press’ captivating and moving portrait of a man whose reticence and personal asceticism are proportional to his total devotion to documenting what Harold Koda, chief curator at the Costume Institute at the Metropolitan Museum of Art, describes in the film as “ordinary people going about their lives, dressed in fascinating ways.”

Press goes about filming Cunningham the way the photographer claims to capture his own subjects: “discreetly, quietly, invisibly.” Press, along with producer Philip Gefter and cinematographer Tony Cenicola (also a Times staff photographer), followed Cunningham for two years with no crew (after Press spent eight attempting to get Cunningham’s consent), tailing the photographer from uptown soirees to the runways of Paris fashion week.

Interspersed with Cunningham’s own sharp insights and footage of the photographer biking around Manhattan and throwing himself into oncoming traffic to get the perfect shot, are interviews with old friends and frequent subjects: Upper West Side grandes dames, fashion powerhouses, former editors, neighbors, and strutting peacocks. The loving accounts they share of encounters with Cunningham sing his artistic praises and unwavering kindness but stop short of revealing much about the man himself, save for his monasticism.

Cunningham famously lived for decades in a tiny studio apartment above Carnegie Hall filled almost exclusively with negative-stuffed file cabinets and an Army cot. His uniform is the cheap blue jacket worn by French street sweepers, augmented by a duct-tapped poncho in inclement weather. He rarely stops to schmooze, let alone sleep or eat. When a real estate agent shows Cunningham, who over the course of filming was evicted from his Carnegie Hall cell, the kitchen of the new apartment he will be relocated to, he genially scoffs, “What would I do with that?”

Cunningham’s disdain for the material and emotional comforts most of us take for granted might seem at odds with the worlds he documents (perhaps the film’s most shocking moment comes when Cunningham casually reveals he has never been in a romantic relationship). Fashion has become a hydra-headed beast of which street style, and the myriad bloggers who document it, have been completely swallowed by.

What Bill Cunningham New York makes clear, however, is that for this man, sustained by indefatigable reserves of passion and the ability to see what others can’t, the pursuit of beauty is not merely his chosen vocation; it has always been and always will be a calling.

BILL CUNNINGHAM NEW YORK opens Fri/8 in Bay Area theaters.

Why I’m pushing pension reform

5

OPINION Some have questioned why I, as a long-time supporter of progressive policies and programs, chose to venture into the uncharted waters of pension reform. The answer is simple: I believe in the value of government, particularly in providing a safety net for the poor and those who need help. When the government no longer has the ability to provide these services, everyone suffers.

I became aware of San Francisco’s pension problem through advocating for my department’s budget. Beginning in 2005, year after year, I saw pension and benefits costs rise, while services and programs were cut or eliminated. Funding for education, parks, street repair, AIDS, senior and after-school youth programs, mental health clinics, drug treatment programs and other basic services have evaporated while pension costs continue to escalate. Today, we spend $1 out of every $7 on pension and benefit costs for city employees; in five years, it will be one out of every $4.

In the next 12 months, pension costs are projected to increase by nearly $100 million more than last year. Think of the number of jobs, programs, and services that will have to be cut to pay this debt. These costs come at a time when the city faces a $360 million budget deficit.

Some may argue that taxes should be raised to pay for these costs. Yet progressives have shied away from tax measures in these difficult economic times. Even if there is a planned tax measure this November, it would have to raise $300 million — 10 times what last November’s millionaire real estate transfer tax raised — over the next three years to keep pace with pension costs.

While conservatives have seized on rising pension and benefit costs as a vehicle to push their anti-union agenda, we cannot cede the responsibility for addressing this fiscal challenge to the right. We must protect collective bargaining for workers, while presenting a solution that strikes an appropriate balance between our obligations to retired workers and the need for continued city services.

Shortly, I will be introducing a new ballot initiative that will help reduce costs while ensuring that the pension and health benefit system is there for future generations of workers. And the initiative will do so in a manner that is fair and equitable. The highest-earning workers, including elected officials, will be asked to contribute more while the lowest-earning workers will be entirely exempt, a lesson learned from the last pension reform effort. The reforms will help eliminate the abuses of the pension system that benefit a few workers at the expense of others. Residents, elected officials, city employees, and labor leaders are invited to review the proposals at www.sfsmartreform.com and provide any comments or ideas.

The fact that pension reform is one critical component of a more comprehensive solution that may include changes to our tax policy, generation of other revenue, and even state or federal cooperation, is no reason to excuse supporting real reform.

Jeff Adachi is San Francisco’s public defender.

The Parkmerced investors

8

rebeccab@sfbg.com

Parkmerced is one of the largest rental properties west of the Mississippi, and with more than 1,500 rent-controlled units, it’s an important piece of the city’s affordable-housing stock. Among the residents who live in the neighborhood-scale apartment complex are seniors, young families, and working-class San Franciscans, some of whom have called it home for decades.

A plan for an extraordinary overhaul of the property envisions tearing down the existing low-rise apartments and nearly tripling the number of units with a construction project that could take up to 30 years. On March 29, after Guardian press time, the Board of Supervisors was scheduled to vote on whether to uphold the plan’s environmental impact report (EIR), a key milestone of the approval process.

The Planning Commission voted 4-3 to certify the EIR, and if the board followed suit by rejecting four different appeals filed against it, Parkmerced would be on track to clear final approval sometime in May.

San Francisco Tomorrow was among the groups that filed appeals against the Parkmerced plan. “They want to destroy a neighborhood without sufficient justification or mitigation,” said Jennifer Clary, the group’s president, citing concerns about traffic congestion, loss of an historic landscape, and the destruction of rent-controlled housing.

Julian Lagos, a resident of 18 years, filed an appeal on behalf of the Coalition to Save Parkmerced. “It’s a very blue-collar community, and they want to replace it with wall-to-wall luxury high-rise condos,” said Lagos, who lives in a unit that would be targeted for demolition under the development plan. “I call it ground zero,” he said. “And I tell my neighbors, ‘You’re living at ground zero.’ “

Mayoral development advisor Michael Yarne noted that most points highlighted in the EIR appeals had already been addressed, except one charging that there hadn’t been adequate consideration over whether a Pacific Gas & Electric Co. gas pipeline running underground near Parkmerced could be jeopardized by construction activity. “The answer to that is, that’s a really good question for PG&E,” Yarne said. But he asserted that it wasn’t a project EIR issue.

Elected officials’ reactions to the overall plan were mixed. Lagos noted that campaign filings showed that Sups. Carmen Chu and Sean Elsbernd had accepted donations from people related to the project, and he predicted that Board of Supervisors President David Chiu would be a swing vote on the issue. Chiu spent several hours touring Parkmerced the Friday before the vote. He did not return Guardian calls seeking comment.

A development agreement between the city and the developer, Parkmerced Investors LLC, promises that existing tenants will keep their rent control at the same monthly rates — even after the apartments they now reside in are razed to make way for new residential towers.

Such a plan typically wouldn’t fly under state law because the Costa-Hawkins Act prohibits a city from imposing rent control on newly constructed housing. Yet city officials, with input from the City Attorney’s Office, say they’ve constructed this deal so that it falls within one of the exceptions written into the state law, offering a legal defense in the event of a court challenge and a guarantee against affordable housing loss.

“The development agreement is like a constitution for land use,” said Yarne. “You can’t get rid of it.” If the project changed hands or the developer went bankrupt, the new owner would be bound by the same terms, Yarne said.

However, Mitchell Omerberg of the Affordable Housing Alliance cautioned that he didn’t believe there was any guarantee that rent-control housing qualified as an exception under Costa-Hawkins. “Like parking a semitruck in a motorcycle space, it’s a poor fit and a risky bet — even before you consider the antipathy to rent control of the California courts,” Omerberg wrote in an argument against the plan.

Tenants advocacy groups have pointed to recent court decisions negating affordable-housing agreements in development projects, saying the legal precedent makes the Parkmerced pact vulnerable to a court challenge. In response, Yarne said those cases had strengthened the city’s legal strategy for formulating the agreement to guard against such a challenge. “This agreement is actually greatly improved because of those cases,” he said.

Nevertheless, there’s a clear financial incentive for the developer to strip away the rent-control unit replacement and other valuable community benefits it is required to deliver under the terms of its agreement with the city. An independent analysis of the project’s financial plan found that if Parkmerced Investors LLC adheres to all the terms of the agreement as planned, its financial rate of return would be less than ideal.

Drafted by consultant CB Richard Ellis (CBRE) to provide an objective financial picture for the city, the report found that the developer’s estimated 17.8 percent rate of return was “slightly below the threshold required to attract the necessary private investment” because investors aim for at least 20 percent in this market. “This means that, based on current and reasonably foreseeable short-term market conditions, the project may not be economically feasible,” the report noted. It added a disclaimer saying that cash flow from rent payments could offset that risk.

That lower rate of return isn’t a cause for concern, Yarne said, but rather a sign of the city’s negotiating prowess, since “we’ve gotten as much as we can in terms of public benefits. That 17.8 percent rate of return shows that we’re probably at the max.”

At the same time, the financial analysis showed that the developer’s prospects improved under hypothetical “tested scenarios” where the expensive community benefits promised in the development agreement weren’t a factor. As part of the analysis, CBRE looked at how the numbers would change if the developer decided to build new market-rate units instead of replacing all the existing rent-controlled units, and found it would fetch a 19 percent rate of return. In a scenario where it stripped out additional costs such as a community garden and new transit line, the rate of return would jump to an eye-catching 23 percent.

But those scenarios are just a hypothetical way to arrive at conclusions about a project’s value, said consultant Mary Smitheran, who drafted the report. “The development agreement specifies that those items need to be provided,” she said.

City officials have given the impression that they’re nailing down a set of requirements that the developer, or any future property owner, cannot get out of. But the people behind this project are some savvy Wall Street investors who are no strangers to controversy.

Fortress Investment Group, a New York City-based hedge fund and private equity firm with directors hailing from Lehman Brothers and Goldman Sachs, gained a controlling interest in Parkmerced last year after Stellar Management couldn’t make the payment on its $550 million debt.

Stellar jointly purchased the property in 2005 with financial partner Rockpoint Group, setting up Parkmerced Investors LLC as the official ownership company. Stellar still manages the property, but Fortress has seized financial control. A recent report on the Commercial Real Estate Direct website noted that its $550 million debt had been modified recently with a five-year extension to 2016.

Fortress made headlines in 2009 after it stopped providing funds to Millennium Development Corp. for the Olympic Village project in Vancouver, British Columbia leaving the city on the hook for hundreds of millions to finish the job in time for the winter games. Meanwhile, Fortress CEO Daniel Mudd recently got formal notification from the U.S. Securities & Exchange Commission (SEC) that he could potentially face civil action relating to his former job as CEO of Fannie Mae, the government-backed mortgage giant, for allegedly providing misleading information about subprime loans.

Stellar, a New York City company run by real-estate tycoon Larry Gluck, was profiled in a 2009 Mother Jones article about Riverton Homes, a 1,230-unit Manhattan rental housing project built in a similar style to Parkmerced, which Stellar purchased in 2005. Although Stellar assured residents that their affordable rental payments would remain unaffected, hidden from view was its business plan estimating that half the tenants would be paying almost triple the rental rates by 2011. Since rents couldn’t ultimately be raised high enough to cover the debt payments, the complex went into foreclosure — but Stellar was shielded against loss because, on paper, Riverton was owned by a separate LLC.

Linh Le, a 36-year resident of Parkmerced and former Chevron employee, wrote to the Board of Supervisors in advance of the March 29 hearing to warn of the financial troubles the investors had experienced before.

“This project reflects a pipe dream that was hatched during an era of reckless spending, fake prosperity, and seemingly limitless money that has since crashed and nearly destroyed America,” he wrote. “The business model that Parkmerced based this plan on has failed and nearly ruined their enterprise. That era is over and the world has changed.”

Scumlords settle

1

news@sfbg.com

Five years after the Guardian’s award-winning, three-part series about how representatives for the Lembi family allegedly engaged in illegal and unethical tactics intended to force protected renters from their homes (“The Scumlords,” March 2006), City Attorney Dennis Herrera has concluded contentious negotiations to reach a multimillion dollar settlement with CitiApartments and other Lembi-controlled corporations.

The two sides have agreed on a settlement worth anywhere between $1 million and $10 million to the city, depending on the crumbling real estate empire’s future worth and whether the Lembi family decides to “forever cease property management operations within the City and County of San Francisco — permanently and irrevocably,” as the City Attorney’s Office put it.

That agreement and an injunction barring the landlords from future harassment of tenants was scheduled for submission to San Francisco Superior Court on March 29 and still must be approved by a judge, although that is usually pro forma in cases like this in which both sides have agreed to the terms.

In its lawsuit, the city alleged that the defendants “employed a business model that systematically and unlawfully dispossessed long-term residential tenants of their rent-controlled apartments, leaving defendants free to make significant unpermitted renovations and to re-rent those newly renovated units at dramatically increased market rates.

“Ostensibly, this illegal business model enabled Lembi family interests to aggressively outbid competing investors for perhaps hundreds of residential properties throughout San Francisco,” the complaint continued, further alleging that the defendants’ business entities were organized and operated in such a way that they were “the alter egos of defendants Frank Lembi, Walter Lembi, and David Raynal.”

The defendants disputed those claims, the injunction notes, “by reaching a settlement and agreeing to injunctive terms and payment of civil penalties, defendants are not admitting any wrongdoing or making any admission of liability.”

But the City Attorney’s Office said that this is “the most exhaustively detailed settlement in memory, and the strongest possible agreement to protect the public interest.” And Herrera told us that the settlement reflects “the pervasiveness of the conduct” the city looked at, regarding tenant treatment and the litigation process.

“So, it was necessary to get as tough and detailed an injunction as possible to ensure that tenants will be protected going forward, and in terms of trying to extract a maximum dollar settlement,” Herrera told us. “For us, their conduct is the most important thing, but the financial penalties are not insignificant. This ensures they do business under strict circumstances, play by the rules, and do not present a threat to tenants. But if they want to leave, obviously, there’s a dollar amount connected to that.”

The lowest possible settlement, $1 million, requires the Lembi companies to quickly get out of the rental business in San Francisco. The settlement comes almost five years after Herrera first filed suit against CitiApartments — and 18 months after former CitiApartments’ tenants sued the Lembi empire (see “SF vs. Frank Lembi,” 10/6/2009), following a financial crash that involved banks foreclosing on dozens of the group’s properties (see “Triumph of tenacity,” 6/1/2010).

The City Attorney’s litigation included evidence from tenants and other witnesses identified by former Guardian reporter G.W. Schultz, and Herrera credited the Guardian with originating the case. CitiStop, a coalition of labor and tenants groups, also referred tenants and helped the case, and almost 300 tenants and witnesses came forward after the city’s 2006 filing.

The City Attorney’s Office noted that Herrera amended his original complaint three times to fully capture the Lembi family’s “byzantine array of business entities, trusts, and partnerships within the scope of the lawsuit,” fighting through corporate stall tactics that were the subject of fines issued by the courts.

Even after their unscrupulous tactics were exposed, the Lembis continued to be celebrated by business groups such as the San Francisco Apartment Association, although city officials told us “real estate observers had long speculated that the Lembi family’s unlawful business model was ultimately unsustainable. And the severe economic downturn that began in late 2008 appears to have been cataclysmic for the aspiring real estate empire.”

Is David Crane just another Kochhead?

24

This week the Chronicle majorly attacked State Sen. Leland Yee, claiming Yee tried “to distort the words” of billionaire investment banker and UC Regent David Crane on collective bargaining.

The Chron’s attack came on the heels of Yee’s attempt to block Crane’s UC Regents confirmation. And Yee’s attempt to block Crane came in response to an op-ed Crane wrote for the Chron titled “Should public employees have collective bargaining rights?”

In its counter-counter attack editorial this week, the Chronicle accused Yee of falsely claiming that Crane had “called for an end to collective bargaining rights for California teachers, nurses, firefighters, university employees and other public sector worker.”

“What the former adviser to Gov.Arnold Schwarzenegger did was present a history of collective bargaining in California and explain how a 1977 law had changed the balance of power by giving public employees power over their compensation and benefits,” the Chronicle stated. “Crane did assert that extending collective bargaining to employees who already have civil service protections ‘serves to reduce benefits for citizens and to raise costs for taxpayers. Anyone who would argue with that fact has not been paying attention to what is happening with state and local budgets lately.”

The Chronicle finished by praising Crane, who is currently a lecturer on Public Policy at Stanford University and is reportedly working with former Fed Chairman Paul Volcker to form a task force to examine current state budget practices. Crane, the Chron asserted, has “long been widely respected as a teller of inconvenient truths about the rising costs of public-employee pensions and benefits. He should not be silenced – or misquoted by opportunistic politicians. The Senate should vote to confirm him as regent.”

Now, when Schwarzenegger appointed Crane as a UC Regent in December 2010 as one of his last acts as Governor, the Sacramento Bee described Crane as Schwarzenegger’s “chief public employee pension critic.” But here in San Francisco, the Chron didn’t bother to flesh out Crane’s history of employment, campaign contributions, prior statements on collective bargaining, and financial investments.

Maybe it was because these public records reveal Crane to be less a dyed-in-the-wool Democrat and more of a Bushocrat, an ultra-rich investor who supported G.W. Bush through two elections, and repeatedly frames the collective bargaining rights of government employees as an obstacle standing in the way of pension reform and budget balancing.

Campaign finance records show that in March 1999, when Democrats were trying to hang onto the White House in the wake of Clinton’s sex scandals, Crane gave $1,000 to Bush. And in June 2003, just three months after Bush invaded Iraq on a false pretext, Crane saw fit to give Bush another $2,000.

The good news? Crane didn’t support Sarah Palin and John McCain in 2008. But he did donate $7,200 to Republican Tom Campbell’s unsuccessful 2010 bid for US Sen. Barbara Boxer’s seat. And here in San Francisco, Crane was one of several billionaires who wrote big fat checks last fall in support of Measure B, which sought to curb the pension and health benefits of city workers, most of whom will make a fraction in their lifetime of what Crane rakes in each year from his widely diversified financial portfolio.

Crane’s 2009 statement of economic interest shows he has over $1 million invested in Farallon Capital Partners, one of the world’s largest hedge funds, many of whose investors include top university endowments.

Crane also has over $1 million invested in Acacia Partners, over $1 million in Bislett Partners, over $1 million in Kensico Partners, over $1 million in Semper Vic Partners, over $1 million in Berkshire Hathaway, whose CEO is Warren Buffet, over $1 million in the HCP Absolute Return Fund, whose Board includes Warren Hellman, and up to $1 million in Hall Capital Management, whose Board includes Hellman and Gap heir John Fisher. Crane also owns several million dollars stake in real estate investments, and has sizeable stock in Wells Fargo, Chesapeake Energy, Microsoft, Google, Pangloss Oil, Whole Foods Market, M&T Bank Corp., IBM, American Express, WalMart and Exxon.

And he gets income from Acacia Partners and Babcock & Brown, where he was a former partner from 1979 to 2003. While at Babcock, Crane reportedly brokered a controversial jet-lease deal between Arnold Schwarzenegger and Singapore Airlines that allowed Schwarzenegger to defer taxes on millions of dollars. And in 2004, Crane went to work for then Republican Gov. Schwarzenegger as special advisor for Jobs and Economic Growth. The Terminator returned the favor by appointing Crane to the California Commission in Economic Development and the California High Speed Rail Authority. But Crane was rejected in Senate confirmation proceedings for a position on the board of California State Teachers Retirement System.

Now, clearly it’s not a crime to be a billionaire, even though the way some folks make their billions is criminal. But you have to wonder if UC really needs another ultra-rich Regent on its Board. You also have to wonder why the wealthy Crane sought reimbursements of $2,812 from UC in 2009, if he cares about saving the state money.

And Crane has made plenty of statements about collective bargaining rights and pension reform in recent months that seem to frame government employees as the bogey men, not just in California, but across the entire nation.

Take his April 2010 comments to the Los Angeles Times: “State legislators are afraid even to utter the words ‘pension reform’ for fear of alienating what has become — since passage of the Dills Act in 1978, which endowed state public employees with collective bargaining rights on top of their civil service protections — the single most politically influential constituency in our state: government employees,” Crane said.

Or what he said in August 2010 to the Fox Business Network: “Even if you took care of every one of these spiked above the iceberg level pensions in California, you would not take care of the pension problem in California, which is true of virtually every state in the country, at least those where, you know, government employees have collective bargaining rights,” Crane said

In December 2010, he told the L.A. Times that the year 1978, ”wasn’t notable just because of Proposition 13. That was also the year public employees gained a power Franklin D. Roosevelt had warned against: collective bargaining rights.”

“California hasn’t been the same since,” Crane continued. “Public workers have gained at the expense of private workers as government spending was redirected from infrastructure and education to higher salaries, pensions and other benefits.”

And in his Feb. 27 Chronicle op-ed, Crane claimed that, “The battle in Wisconsin is not over collective bargaining rights generally but rather the appropriateness of those rights in the public sector ”

“Collective bargaining is a good thing when it’s needed to equalize power, but when public employees already have that equality because of civil service protections, collective bargaining in the public sector serves to reduce benefits for citizens and to raise costs for taxpayers,” Crane continued. “Citizens and taxpayers should consider this as they watch events unfold in Madison.”

As of today, letters are circulating in Sacramento opposing Crane’s confirmation. And Sen. Ted W. Lieu (D-Torrance), Chair of the Labor and Industrial Relations Committee in Sacramento, has already signaled his opposition.

“I cannot support someone for the powerful post of UC Regent who continues to perpetuate the myth that collective bargaining caused our state economic crisis and has a fundamental misunderstanding of how our state budget operates,” Lieu said in a statement. He noted that in the Chron op-ed Crane claimed that because of collective bargaining, “general fund spending on higher education, parks and environmental protection was flat or lower.” 
“As a matter of historical fact, that is false,” Lieu countered. “ Our general fund spending generally declined because of a national economic recession.  The recession was not caused by collective bargaining or public sector unions, but by private sector, out of control Wall Street firms at the time.”

“The specific reason our general fund spending sharply declined was because the person Mr. Crane advised, former Gov. Arnold Schwarzenegger, reduced the Vehicle License Fee and replaced it with . . . nothing,” Lieu continued. “As a result, the state general fund lost over $5 to $6 billion in revenues per year for every year Mr. Schwarzenegger was in office.  The VLF reduction has resulted in a total loss of over $30 billion to the state, an amount in excess of the current California budgetary shortfall.  How conveniently Mr. Crane forgot to mention that critical fact when it doesn’t suit his ideological assault on public sector unions.”

“Now that Mr. Crane senses his confirmation may be in jeopardy, he attempts to marginalize his own Op-Ed by releasing a new statement saying he really didn’t mean to attack all public sector unions, just those who happen to have statutory civil service protections,” Lieu added. “For those in Ivory Towers that distinction may have some academic meaning, but for everyone else in the real world that is a distinction without a difference. Civil Service protections do not prevent employees from being terminated or laid off, they provide standards for government to follow when firing or disciplining employees. Such protections do not guarantee appropriate wages or benefits, nor address a plethora of other issues, such as workforce safety issues.”
 
“Mr. Crane’s Op-Ed also discusses political spending by public sector unions, “Lieu concluded. “In his world view, political spending by the California Teachers Association is inappropriate, but the massive political spending by the Koch Brothers would presumably be acceptable. I cannot, and will not, support someone for the post of UC Regent who blames public sector employees, such as teachers, for somehow being responsible for our economic crisis or the resulting decline in general fund spending.  We need UC Regents who are interested in solving problems, not those who twist historical facts to suit an ideological agenda.”

So, as I wait for Crane to return my call, I’ll leave you with something reporter Peter Byrne, who authored the award-winning investigative series ‘Investor’s Club” How the Regents of the University of California spin public funds into private profit,” said to me yesterday when I asked him about the wisdom of putting investment bankers on the UC Regents Board. “Putting investment bankers in front of a plate of $63 billion is like putting a pound of hamburger in front of a bunch of feral cats. They are going to eat it. It’s in their nature.”

So, would confirming Crane be like adding another feral cat to the mix? Is he just another Kochhead? Or is he just maligned and misunderstood, as the Chron vehemently implies?

The American dream, for sale

14

news@sfbg.com

For Mao Huajun and Wen Lin, a trip to San Francisco is a chance to stock up on American retail. With at least five bags in each arm, the couple from China is all smiles. Through an interpreter, they point to the tags on their new clothes and cologne and explain: "Made in China."

Consumer products devised here and made there are too expensive or not available for Chinese shoppers, so Mao and Wen, who come from Wenzhou, where Mao made a fortune in wood products and real estate, are taking full advantage of their trip.

But don’t confuse them with typical tourists. The two are on a boutique pre-immigration tour of the Bay Area, tailored for rich people who want to move to this country — without the typical problem of getting documents.

An anti-immigration wave is sweeping across the country. The Obama administration has overseen the deportation of a record 390,000 people in the past year. College kids who came here as young children are finding they can’t stay and work. The much-anticipated DREAM Act, which would allow college graduates a chance at citizenship, is in a Republican-induced limbo. Poor and working-class immigrants are getting kicked out of the country every day.

But private companies are going overseas and recruiting investors with the promise of a little-known federal program: For half a million bucks, you can get yourself a green card.

If you’ve got the cash, the promoters say it’s easy. Invest that sum with a broker who’s doing some sort of development in a low-income area and you’re guaranteed the right to move to the United States, immediately, with your entire family. You can live anywhere you want (not just in the area where you invested). And you’re on track to become a U.S. citizen.

But the program, known by its federal moniker of EB-5, is riddled with loopholes and lack of oversight. It has a history of creating few or no jobs, and the projects it funds can harm low-income communities. The immigrant investors aren’t safe, either. They put their fate in the hands of brokers and immigration officials, and if everything doesn’t go according to plan (and sometimes they have no control over that plan), they lose their money and face deportation — sometimes years after settling into their new lives.

In truth, the real winners in this program are the private brokers who profit by connecting immigrant investors with projects that desperately need funding.

San Francisco has been late to enter the EB-5 game — but now long-time political figures, including former Redevelopment Commissioner Benny Yee, are getting in on the action. Oakland has several EB-5 centers looking for money.

THE RICH ARE DIFFERENT


The federal government has long offered employment-based visas that allow people with exceptional skills or who are otherwise valuable to the American economy to immigrate to the U.S. But EB-5, created in 1990, is different: it places value on immigrants based on their wallets, not on their brains.

When Congress debated the creation of EB-5, politicians and members of the public saw it as a bona fide way to create citizenship opportunities. The rationale: people who create jobs with their money deserve to live here.

Federal officials and EB-5 experts told us how it works, at least in theory. To gain initial residence visas for themselves and their families, would-be immigrants have to invest $1 million in a new business or an existing and struggling one. If the business is in a Targeted Employment Area — defined by law as "a rural area or an area that has experienced high unemployment of at least 150 percent of the national average" — the investment requirement drops to $500,000.

The EB-5 applicants can invest on their own or they through a broker, known as a regional center. Regional centers make the process easier for investors; they also pool investment to generate the capital necessary for big projects.

Each investor must create or preserve at least 10 full-time sustainable jobs within two years to stay in the country permanently.

Exact numbers aren’t available, but government data shows that the vast majority of investors opt for the $500,000 plan — and few invest on their own. Luz Irazabal, spokesperson for United States Citizenship and Immigration Services, the agency overseeing EB-5, estimates that 80 percent to 90 percent of visas are granted through the regional centers.

So in practice, the program allows private, unregulated brokers to take the money of wealthy people and invest it in projects that are supposed to create jobs in low-income areas. It’s not necessarily a bad idea, and there’s nothing wrong with opening the most possible paths to legal residency.

But it doesn’t always work out — for the immigrants or the community.

WIN-WIN-WIN-WIN?


The EB-5 program is booming. Only 11 regional centers existed in 2007. Today 133 businesses are designated as regional centers allowed to offer EB-5 visas to foreigners in exchange for their cash and 180 applications for the status are pending.

And while EB-5 started out slowly (only a few hundred green cards were issued in the first few years) and still isn’t a huge factor in immigration (1,886 permits were issued last year), most observers agree it’s on the rise.

"As domestic money has gotten tighter, project developers have discovered the EB-5 program as a possible way to obtain foreign capital," said Stephen Yale-Loehr, a professor at Cornell University Law School, veteran immigration lawyer, and self-described "guru" of EB-5."

Some are dubious. Henry Liebman, the Seattle-based CEO of one of the oldest and most successful regional centers, told us that "most of these [new] regional centers aren’t going to raise a nickel." He added that EB-5 is "not going to be the panacea that’s going to lift us out of the great depression."

And it’s something of a Wild West. The federal agency that runs the program doesn’t regulate the regional centers once they’re approved for business. And even though the centers make loans and invest money, the Securities and Exchange Commission doesn’t monitor them. Indeed, there’s no real regulation at all.

Yale-Loehr says the program helps everyone. "Project developers can win because they can get access to capital for their projects. U.S. workers win because the EB-5 money will create jobs. U.S. taxpayers win because EB-5 money stimulates the economy and creates jobs at no expense to taxpayers. And foreign investors win because they get a green card through their investments."

Not exactly. A Dec. 22, 2010 Reuters news service report notes that "thousands of immigrants have been burned by misrepresentations that EB-5 promoters make about the program, inside and outside the United States. Many have lost not only their money, but their chance at winning U.S. citizenship."

In fact, the news service found that in 2009 "four Koreans who invested in a South Dakota dairy farm through EB-5 lost their entire investment when the price of milk collapsed and the operators of the farm stopped paying the mortgage. When the four, who had invested a total of $2 million in the dairy, tried to step in and save the venture, they discovered their partner had left their names off the title. When they tried to sue in state court, the case went nowhere."

If a project falls apart and no jobs are created, the immigrants face deportation.

And there’s little guarantee that the projects these investors fund actually create any jobs for the communities where they’re located.

Regional centers have plenty of ways to win. According to center executives, they typically charge the investors a fee for facilitating the program they charge their clients. In some cases, the immigrant investors become part owners of a business enterprise; the investors and the regional center gets paid when the business turns a profit. But it’s far more common for the regional center to lend the money for projects and collect the interest. Usually immigrant investors get paid only around 1 percent in interest and the regional center picks up the rest.

It’s certainly worked for Liebman. He owns and runs 10 regional centers with offices throughout the United States and one in Tokyo. All his investments have gone into commercial real estate. "You don’t get to be Bill Gates through EB-5, but it certainly raises your game," he said.

Yale-Leohr did say the program must be "done correctly" and that it’s no piece of cake. "It is hard to set up a project that meets all immigration and securities-related requirements."

JOBS? WHERE?


Everyone agrees that the program exists primary because it’s supposed to create jobs. "There is a lot of scrutiny of job creation because that is the foundation of the program," Irazabal said.

But that scrutiny is actually limited.

It shouldn’t be hard to determine if an investment is creating jobs in the community; either there are people working in a local business or not. But EB-5 experts told us that most of the EB-5 investment doesn’t create direct jobs. Sharon Rummery, also a spokesperson for the Citizenship and Immigration Service, said she suspects most of the jobs are indirect. But after checking with agency staff, she told us there’s no data.

The difference is critical. Say, for example, some investors build an electric car factory in a neighborhood with high unemployment. They hire 10 people to build cars, and create 10 direct jobs.

But when the workers go out to lunch and the deli counter down the street hires more help, that’s indirect job-creation — and how one specific investment creates other jobs is essentially guesswork.

Of course, the electric car factory has to buy materials and parts — say, computer chips — that might be made halfway across the country (and possibly in an area that doesn’t have high unemployment). Those jobs count, too. According Irazabal, USCIS has "no requirement for the [indirect] jobs to be in the geographic area" that is struggling economically.

The geographic flexibility USCIS allows is interesting considering that, according USCIS rules, regional centers must have "plans to focus on a geographical region within the United States and must explain how the regional center will achieve economic growth within this regional area."

The most interesting question is whether any of the indirect jobs are ever really created. And the bottom line is, USCIS never checks.

Here’s the process, according to USCIS officials. Regional centers create business plans. Then they hire consulting firms to evaluate how many indirect jobs will be created if the business plan all goes as projected. USCIS signs off on the report and the E-5 visas are approved.

The government never does its own studies or reports, never tracks actual indirect job creation, and rarely questions what the private consultants say.

Economist Peter Donahue, who runs PBI Associates in San Francisco, told us the job creation promises under EB-5 amount to a "parable." Models used to track indirect jobs "give the appearance of the science but its probably someone’s best guess," he said. "I’m not persuaded this stuff adds up."

Assumptions inherent in the models are not commonly verified, he added, and often fail to calculate the net effect of an investment, like when a new firm crowds out existing firms.

Tom Henderson, who’s setting up an EB-5 center in Oakland, told us the indirect jobs model "is all smoke and mirrors — it’s bullshit" (see sidebar).

Still, Irazabal says, "numbers don’t lie." USCIS checks that business plan and the job creation strategy is "viable, can be reproduced, and is practical. We have people whose area of specialty is looking at this."

To make things more complicated, most EB-5 money isn’t going into creating goods or services. It’s going into real estate development. And unlike a factory, a new building by itself creates barely any direct jobs.

It may have the opposite effect. High-end office development often displaces existing businesses, particularly industrial ones. And those lost jobs aren’t taken into account.

THE AMERICAN DREAM


Mao said his No. 1 reason for seeking residency in the United States is the prospect of better education for his two sons, 5 and 17.

It’s ironic. Mao’s American Dream for his children is no different from the dreams of immigrants like Shing Ma "Steve" Li, a 20-year-old nursing student in San Francisco.

Li has lived in San Francisco since he was 12. speaks Cantonese, English, French and Spanish. He was arrested Sept. 15, 2010 by ICE agents, held in a detention center for two months, and threatened with deportation because his parents lacked the proper documentation.

Li, like tens of thousands of others, has talent and education and a lot to offer the United States. But he doesn’t have $500,000.

Immigration activists like Ali Noorani, executive director of the National Immigration Forum, aren’t against EB-5 just because its immigrants are privileged. "We don’t believe there are good immigrants or bad immigrants when it comes to folks who contribute to this nation," he said.

But, he added, "We are looking for equity in our immigration system."

Immigrant-rights activists properly support almost any program that helps open the doors, particularly at a time when the right-wing is exploiting anti-immigrant sentiment. But it seems unfair that one class of immigrants, the ones with large sums of extra money to invest, are getting recruited to come to the U.S. while a much larger group — including people who have lived here for years, worked hard, built businesses and contributed to the nation — is being shown the exit door.

Francisco Ugarte, an attorney with the San Francisco Immigrant Legal and Education Network, made the point: "We disagree with legal standards that make it easier for rich people to immigrate than poor people.

"Our legal system is designed to protect the rich and powerful," he added. "People who are coming out of necessity have a much harder time immigrating than wealthy people looking to move."

"It is," he added, indicative of a broken immigration system." *



EB-5 COMES TO SAN FRANCISCO

Tom Henderson’s clients call San Francisco jiou jin shan, meaning "old gold mountain" in Mandarin and referring to the Gold Rush era impression that San Francisco must be awash in opportunity.

His soon-to-be-unveiled San Francisco Regional center is still waiting on final government approval, but Henderson has already been lining up investors to participate in the program.

He spends a third of his year in China and has done business there for decades. Armed with an international network of business relationships and a quirky charisma, Henderson has won over people like Mao Huajun, low profile but extremely wealthy potential investors with sights on America.

Although more than 20 regional centers are certified to do work in Southern California, only a handful are operating in the Bay Area — although applications for more regional centers are in the pipeline.

Featured prominently on the website of the Synergy Regional Center are two prominent local figures: former Mayor Willie Brown and former Redevelopment Commission member Benny Yee.

The website has pictures of the Synergy management "meeting former San Francisco Mayor Willie Brown, to discuss about how EB-5 investment can stimulate the local economy."

Yee is listed as one of six principals at the firm. He didn’t return our phone calls seeking comment. Neither did Brown (who, to be fair, may have simply been part of a photo op since it appears the picture was taken at a fund-raising event for his institute).

According to Synergy CEO Simon Jung, Yee joined after initially "giving [Jung] advice on how to do business. He can help us bring deals in San Francisco we don’t have access to otherwise."

James Falaschi heads the Bay Area Regional Center in Oakland. His website that features three potential projects — all real estate developments in downtown and east Oakland.

Sunfield Development is the company building at the Fox Uptown and at Seminary and Ninth streets, two of the projects the Bay Area Regional center is working on. Sunfield CEO Sid Afshar said EB-5 is "a very good idea because it is a win-win for everyone."

The new player on the scene is Henderson, and he is unveiling an EB-5 vision with a lot of promise.

Mao was bombarded with options when he first heard of EB-5. As a savvy businessman, he was wary of jumping into something sketchy. Through an interpreter, he told us he went with Henderson because he "can see the way Tom is doing this business is transparent, so [he] know[s] the step by step."

Henderson has yet to reveal what his projects will be, but he says they are all businesses, not real estate projects. He said all the companies he is setting up will inhabit industries the city has identified as central to Oakland’s economic growth.
"I was born in Oakland. I work in Oakland. I live in Oakland," he said. "I won’t do projects that don’t create direct jobs."

Is Adachi’s pension reform a Tea Party initiative?

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With all eyes on Wisconsin, local labor leaders are suggesting that Public Defender Jeff Adachi’s proposed retirement/health plan reforms are really Tea Party initiatives, even as Adachi threatens to place another Measure B-like initiative on the fall ballot if city leaders can’t agree on a fix for the city’s fiscal problems

Last fall, Adachi started a war with the local labor movement when he placed Measure B on the November ballot. Measure B proposed increasing employee contributions for retirement benefits, decreasing employer contributions for heath benefits for employees, retirees and their dependents, and changing rules for arbitration proceedings about city collective bargaining agreements,

Measure B ultimately failed, but not after both sides spent a ton of cash. And now labor is refusing to have Adachi sit in on their pension reform talks with Mayor Ed Lee, former SEIU President Andy Stern is describing the fight in Wisconsin as a ’15 state GOP Power grab,” and SEIU Local 1021 leader Gabriel Haaland is pointing to Wisconsin as a reason for excluding Adachi from pension reform talks

“Adachi’s obviously scapegoating a group that’s part of a national agenda,” Haaland said, noting that in the states where Republicans gained statehouse control in 2010, there’s talk about eliminating collective bargaining, and ending defined benefit plans and paycheck protection.

“The problem is that pension reform has been blowing on the anti-public sector worker winds that are blowing in Wisconsin and other states, whether progressives want to acknowledge it or not,” Haaland continued. “There is a reason that Adachi got so much money last year, and the corporate interests behind him are part of this effort to bash public sector workers.”

Prop. B’s campaign finance records show the campaign raised $1.125 million in 2010, and that the lion’s share came from wealthy individuals.

Billionaire venture capitalist, former Google board member and Obama supporter Michael Moritz gave $245,000. Author Harrier Heyman, Moritz’ wife, donated $172,500. financial analyst Richard Beleson donated $110,000. George Hume of Basic American Foods donated $50,000. Gov. Schwarzenegger’s former economic policy advisor David Crane gave $37,500. Philanthropist Warren Hellman donated $50,000. Republican investor Howard Leach, who co-hosted a Prop. B fundraiser with former Mayor Willie L. Brown, gave $25,000. Investor Joseph Tobin gave $15,750. Maverick Capital partner David Singer gave $15,000. JGE Capital Partners donated  $15,000; Bechtel owner  Stephen Bechtel Jr gave $10,000: Matthew Cohler, a general partner of Benchmark Capital, donated $10,000; the California Chamber of Commerce donated $5,000 and philanthropist Dede Wilsey gave $1,000.

But records also show that Measure B opponents, which included San Francisco Firefighters, SF Police Officers Association, SF First Responders, the California Nurses Association, United Educators, San Francisco Gardeners, San Francisco Teachers, Library Workers, laguna Honda Workers, donated over $1 million in their successful bid to squash Adachi’s reform. And that just about every elected Democrat, including Assemblymember Tom Ammiano, then mayor Gavin Newsom, Sheriff Mike Hennessey, and Board President David Chiu, came out against Adachi’s original plan.
 
Haaland acknowledged that the argument could be made that the progressives’ version of the hotel tax didn’t pass and less attention was paid to the district elections last fall, because labor focused primarily on defeating Adachi’s Measure B.

“But at the end of the day, we did get the real estate transfer tax and we defeated Measure B,” Haaland observed. “So, we need to keep fighting anti-worker pressure. It’s challenging times, but I feel like the connections need to be made.”

Adachi was swift to refute Haaland’s claim that his Measure B pension reform is and was a Tea Party initiative.
“What’s not been reported is the fact that there are all these people supporting pension reform who are progressive Democrats,” Adachi said, pointing to Moritz, Crane and former Board President and Green Party member Matt Gonzalez, who all supported Measure B last fall.

“You are talking about saving basic services and that’s a progressive cause,” Adachi continued. “You might argue that pension reform isn’t a progressive solution. But then you are saying that the needs of one group of workers are subservient to the needs of other workers. And even if you raised every tax in the city, you’d not be able to keep up with pension and healthcare costs.”

“Even if we could raise parking tickets to $200 a pop, and tax folks who make more than $100,000 a year, that still wouldn’t solve the problem, because the problem is so huge,” Adachi added. “When you look at this crisis, you can’t simply redbait and say, you are a Republican, or Sarah Palin. Matt Gonzales has always spoken for progressive values, but because he supports pension reform, he’s suddenly a member of the Tea Party? At a certain point, it begins to become absurd.”

Haaland countered that he’s  “challenged by the notion that thousands show up in Wisconsin to fight some of the same people behind Measure B, but our discourse has lowered to whether or not Jeff Adachi is a good guy.”

And Adachi expressed doubt that Mayor Ed Lee can come up with a suitable pension reform plan.

“I’ve heard Lee say there has to be a solution involving pension reform and underfunded healthcare benefits that would save $300 million to $400 million in annual savings, and that corresponds with the solution he needs to come up with to close the budget deficit,” Adachi said.

Adachi said that he has met with Lee on his own to discuss pension reform, but the new mayor did not list specifics.
“He didn’t tell me what his plan was,” Adachi said, “The Prop. B supporters have a plan, but Lee did not ask what that was. But he said he sincerely wants to solve that problem, and that his preference would be one ballot initiative that everyone would agree on. And I fully support a solution that is going to truly solve the problem. I’ve always believed it’s important for the public to understand the gravity of the situation. For too long, it’s been the elephant in the room and there hasn’t been enough public information.”

Adachi said he had a beef with the idea of “groups of labor unions holding meetings at City Hall and deciding who can participate.”

“It’s also troubling that there is no information publicly available about what the ideas on the table are, no explanation of how they got there, and no documenting of the extent of the problem,” Adachi continued. “And that’s what got us here in the first place: a lack of transparency, and voters being asked to weigh in without the full information.”

Adachi said he has an upcoming meeting with Lee, the Department of Human Resources and Sup. Sean Elsbernd about pension reform that is separate from the working group that includes labor and philanthropist Warren Hellmann.

And Elsbernd told the Guardian he believes the pension reform process would go smoother if Adachi were at the table.
“I have no problem with Jeff at the table, it makes sense to have him there to avoid two ballot measures,” Elsbernd said.

Elsbernd added that it was too early to cite numbers when it comes to talk of capping pensions.
“It’s a mistake to pick a number right now because you don’t know what it’s worth,” he said, noting that the pension reform working group has sent a bunch of different scenarios to retirement actuaries to crunch the numbers to see how much they would save the city.

“I can see a case being made for asking the highest paid city workers to contribute higher amounts for healthcare benefits,” Elsbernd said. “But I’m not sure that’s equitable on retirement benefits, though I could see a situation where safety pays more, regardless, because they have better pensions.”

Our Weekly Picks: February 9-15

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WEDNESDAY 9

MUSIC

Turisas

I recently heard Turisas described as “Disney metal.” So before you run screaming in the other direction, hear me out when I claim that it was actually a compliment. Spearheaded by singer-founder Mathias “Warlord” Nygard, the band plays folk metal so lushly orchestrated that it sounds like a movie score, full of trumpet swells and epic organs. Onstage, it features an accordionist and a violinist; the latter is responsible for all the soloing that would traditionally be done on guitar. Turisas’ 2007 release The Varangian Way is an engrossing concept album whose eight tracks follow a group of Scandinavian travelers as they make their way across Russia by river and end up in Constantinople. New platter Stand Up and Fight is due Feb. 23, but you can get a sneak preview at the show. (Ben Richardson)

With Cradle of Filth, Nachtmystium, Daniel Lioneye

8 p.m., $27

Regency Ballroom

1300 Van Ness, SF

1-800-745-3000

www.theregencyballroom.com

 

DANCE

Eonnagata

Eonnagata comes with pretty impressive credentials, and promises to be unique. The work is a collaboration between maverick ballerina Sylvie Guillem, who has made waves ever since she dared to quit the Paris Opera Ballet to freelance; multi-whiz Canadian director Robert Lepage, whose Ex Machina company has redefined theater for the last 20 years; and dancer-choreographer Russell Maliphant, who mixes ballet with yoga and everything in between. The trio created and performs in a work that examines the in-between state of male-female sexual identity. Inspired by an 18th century French noble, spy, and diplomat who fluidly switched genders throughout his career, Eonnataga also acknowledges a debt to the onnagatas, the refined male actors in Kabuki who spent their careers playing female characters. (Rita Felciano)

Wed/9–Thurs/10, 8 p.m., $36–$72

Zellerbach Hall

Bancroft at Telegraph,

UC Berkeley, Berk.

(510) 642-9988

www.calperformances.org

 

EVENT

“How to Write A Dynamic Online Dating Profile”

You’ve been on blind dates. You’ve tried speed dating. You’ve even have had your mother set you up. But you still can’t find love? Turn to cyberspace. (Don’t be embarrassed. According to those Match.com ads, one out of five relationships now begin online.) Take it from Carol Renee, a self-proclaimed “logophile,” English teacher, and aspiring novelist who found the love of her life using the handle “Fearlessly Compassionate.” She’ll hold your hand during the daunting tasks of coming up with a tantalizing user name, writing an attention-grabbing headline, and composing a succinct and yet true-to-life bio in this “how-to” class. (Jen Verzosa)

6:15 p.m., free

San Francisco Public Main Library

Latino/Hispanic Community Room B

100 Larkin, SF

www.sfpl.org

 

THURSDAY 10

MUSIC

Ensiferum

The Finnish metallers in Ensiferum span many styles, taking the best of everything they encompass. From folk metal, they learned the power of haunting, infectious melody and atmospheric texture. From thrash, they got the exultation and catharsis of breakneck tempos and relentless picking. And from power metal, they got the gleeful, empowering satisfaction that comes from singing about dudes with swords. The recent infatuation with Pagan stylings among American metalheads has brought the band stateside numerous times now, and Ensiferum never disappoints. Having donned their warrior garb, the five Finns who make up the band don’t leave the stage until everyone and everything is vanquished. (Richardson)

With Finntroll, Rotten Sound, Barren Earth

7:30 p.m., $25

DNA Lounge

375 11th St., SF

415-626-2532

www.dnalounge.com

 

EVENT

“Lusty Trusty Ball SF”

Not on the guest list for the annual Manus-Salzman Valentine’s Day Ball? No matter. Your photo won’t be gracing the pages of the Nob Hill Gazette or SF Luxe this time next week, but as least you don’t have to worry about breaking out the black tie. At the less-costly-but-no-less-classy Lusty Trusty Ball, in exchange for forgoing the ice sculptures, posh catered nosh, and a live gingerbread boy to nibble candy off of (he was holdin’ it down for Hasbro’s Candy Land in keeping with last year’s Manus-Salzman theme, “The Game of Love”) you’ll enjoy DJs, VJs, and live groups galore. Plus, with punk rock cabaret from the Can-Cannibals, Circus Finelli’s all-female antics, and Red Hots Burlesque, you can have a hot night without the haut monde. (Emily Appelbaum)

8:30 p.m., $10–$20

Submission

2183 Mission, SF

(415) 425-6137

www.sf-submission.com

 

EVENT

“Oilpocalypse Now”

Last April’s Gulf Coast-ravaging oil spill may have slipped from the headlines, but the region is still struggling to recover. “Oilpocalypse Now” takes aim at the corporations that cause (and cover up) environmental disasters — indeed, the event is subtitled “Time for a 28th Amendment for the Separation of Corporation and State” — featuring a talk by Dr. Riki Ott, a community activist and marine biologist. Ott will present the documentary Black Wave: The Legacy of the Exxon Valdez (remember that one? Big Oil hopes you don’t!) Other speakers include Lisa Gautier, who helped organize the “hair boom” effort to soak up Gulf Coast oil; former Guardian columnist Summer Burkes, who witnessed the Louisiana devastation first-hand, and more. Proceeds benefit the Gulf Coast Fund, Ultimate Civics, and the Coastal Heritage Society of Louisiana. (Cheryl Eddy)

7 p.m., $10–$20

Grand Lake Theater

3200 Grand Lake, Oakl.

(510) 452-3556

www.summerburkes.wordpress.com

http://communitycurrency.org/node/63

 

FRIDAY 11

DANCE

“Black Choreographers Festival: Here and Now”

For the next three weekends the “Black Choreographers Festival: Here and Now” throws the spotlight on the Bay Area’s African American voices. Now in its seventh year, the festival brings together professionals from a rainbow of perspectives on dance. If this were an ideal world, these choreographers would have their own companies and regular seasons. Some do — Raissa Simpson, Deborah Vaughan, Paco Gomes — but the festival offers all an opportunity to make themselves heard in the context of their colleagues. The Oakland lineup is different from the San Francisco one; the third weekend focuses on up-and-coming new talent. And as always, the youth ensembles at the family matinee will be a special high-energy treat. (Felciano)

Fri/11–Sat/12, 8 p.m.;

Sun/13, 4 p.m., $10–$20

Laney College

900 Fallon, Oakl.

Feb. 17–19, 8pm; Feb. 20, 7 p.m.

ODC Theater

3153 17th St., SF

Feb. 25–26, 8 p.m.; Feb. 27, 7 p.m.

Dance Mission Theater

3316 24th St., SF

1-888-819-9106

www.bcfhereandnow.com


PERFORMANCE

You’re Gonna Cry

Where better than 24th Street to watch a solo show about the real lives of Mission District residents at the height of gentrification? Touching on everyone from the techies and bohemians to the Latino locals and immigrants, HBO Def Poet and Youth Speaks cofounder Paul S. Flores performs his theatrical work about the human cost of gentrification in the neighborhood. In addition to masterful storytelling, get ready for a gangster puppet show and digital murals, illuminating the changes brought by the dot-com boom and bust, real estate bubble, immigration, and forced evictions. The Mission is loaded with characters and Flores’s dynamic fusion of urban culture and spoken word brings them all to life. (Julie Potter)

Fri/11–Sat/12, 8 p.m., $15

Dance Mission Theater

3316 24th St., SF

(415) 273-4633

www.dancemission.com

 

EVENT

California International Antiquarian Book Fair

Ever wonder what ephemera left by our generation will be pored over in a millennium or two? Parking slips, band posters, books like Lady Isabella’s Scandalous Marriage and 1001 Deductions and Tax Breaks, 2011? Whatever the items, they’ll surely be found at the 1000th annual California International Antiquarian Book Fair. The festival, now only in its 44th year, tempts bibliophiles with a menagerie of historical snippets and antique selections. The perusables include musical prints and manuscripts, rare codices, antique children’s literature, fine bindings, maps, trade books, miscellaneous historical scraps, and — vocabulary word — “incunabula,” which are books, pamphlets, or broadsheets printed (not handwritten) in Europe before 1501. A trove of timeworn tomes? Simply splendid! (Appelbaum)

Fri/11, 3–8 p.m.; Sat/12, 11 a.m.–7 p.m.;

Sun/13. 11 a.m.–5 p.m., $10–$15

Concourse Exhibition Center

635 Eighth St., SF

(415) 551-5190

www.labookfair.com


SATURDAY 12

DANCE

Company C Contemporary Ballet

With a sampling of contemporary ballet from choreographers active across North America and Europe, Company C’s mixed-bill winter program includes a premiere set to the music of Elvis Costello by Artistic Director Charles Anderson in collaboration with Benjamin Bowman (both formerly of the New York City Ballet), and another by Maurice Causey, a former principal of William Forsythe’s Ballet Frankfurt. Also appearing from the diverse repertory of this vibrant company is Tovernon, a solo work by David Anderson, the father of Charles Anderson, and Daniel Ezralow’s Pulse, during which dancers take running starts to slide across stage wearing socks. (Potter)

Sat/12, 8 p.m.; Sun/13, 2 p.m., $18–$40

Yerba Buena Center for the Arts

701 Mission, SF

(415) 978-2787

www.companycballet.org

 

EVENT

“Woo At The Zoo”

Want to make things a bit more “wild” this year for Valentine’s Day? Then head on over to the San Francisco Zoo for “Woo At The Zoo,” the annual event that’s become a favorite activity for amorous humans looking to learn a bit more about our animal pals’ own mating habits and sexual behaviors. Make plans soon with your sweetheart for this special multimedia event that also includes a romantic brunch or dinner, along with drinks. Admit it — you’re already humming the words to the Bloodhound Gang’s “Discovery Channel” song, aren’t you? “You and me baby we ain’t nothing but mammals, so let’s do it like they do on the Discovery Channel!” (Sean McCourt)

Sat/12-Sun/13, 6 p.m.;

Also Sun/13, 11 a.m., $65–$75

San Francisco Zoo

One Zoo Road, SF

(415) 753-7080, ext. 7236

www.sfzoo.org

 

SUNDAY 13

MUSIC

High on Fire

How rad would it be to have an all-chick High on Fire tribute band called Pie on Fire? Though, yeah, that could go either way — hot cherry deliciousness or the evil feeling that makes your girlfriend chug sour pints of cranberry juice. And pulling off (literally) the shreddiness of Riffchild caliber is probably not gonna happen in this lifetime. In any case, join the real trio for a special one-off hometown show before they head out to tour New Zealand and beyond. An honorable way to ring in the annual holiday of love and lust, no? (Kat Renz)

8 p.m., $18

Slim’s

333 11th St., SF

(415) 255-0333

www.slims-sf.com

 

The Guardian listings deadline is two weeks prior to our Wednesday publication date. To submit an item for consideration, please include the title of the event, a brief description of the event, date and time, venue name, street address (listing cross streets only isn’t sufficient), city, telephone number readers can call for more information, telephone number for media, and admission costs. Send information to Listings, the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 487-2506; or e-mail (paste press release into e-mail body — no text attachments, please) to listings@sfbg.com. Digital photos may be submitted in jpeg format; the image must be at least 240 dpi and four inches by six inches in size. We regret we cannot accept listings over the phone.

Richard Johns is closer to developers than preservationists

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The controversial mayoral appointment of attorney Richard Johns to historian’s seat on the Historic Preservation Commission is being challenged in court by Gertrude Platt and a group of local preservationists calling itself The Prop. J Committee. They are asking the judge to remove Johns from his post.

“Voters approved Proposition J creating the Historic Preservation Commission for the clear and distinct purpose of protecting San Francisco’s historic resources. To erode the voter-mandated qualifications and expertise on the Commission undermines the will of the voters and the intent of the law,” Platt, a 14-year member of the city’s Landmarks Preservation Advisory Board (which 2008’s Prop. J replaced with the commission), said last week in a prepared statement.

The group’s press release noted that “Johns is a business attorney and husband to Eleanor Johns, former Mayor Willie Brown’s longtime senior staffer and confidante dating back to his tenure as Speaker of the California Assembly. Mr. Johns is not an historian….No testimony or material was presented to the Board of Supervisors to establish otherwise.”

In fact, Johns’ resume and comments to the Guardian two weeks ago (when he dismissed concerns about his connections to Brown as “lame” and “silly”) indicate that his only experience in historic preservation has been working for almost 20 years to preserve the Old Mint, by serving on the San Francisco Museum and Historical Society Board of Directors. But a review of that body doesn’t inspire much confidence that he’ll stand for historic preservation in the face of pressure from developers.

The president of the board is Jim Lazarus, who is the senior vice president for public policy at the San Francisco Chamber of Commerce and a regular advocate for greater development of the city. There are other real estate and corporate representatives on that board as well, most notably Martin Cepkauskas, director of real estate for the Western Properties Division of Hearst Corporation, which is the middle of seeking city permits and approval to redevelop its historically significant Chronicle Building, where the paper has been since 1924, adjacent to Mint Plaza.

So we asked Lazarus, Johns, and Cepkauskas about what would seem to be a conflict of interests between board members who are pushing for development and John’s new role as a guardian of historically significant buildings. After I e-mailed the trio, Lazarus responded to the group “I will respond to this guy,” to which Johns wrote “good” and refused to answer further Guardian inquiries.

In a phone interview, Lazarus said there was no conflict because “nobody has any financial interest in the Mint Project. It’s a pure nonprofit board.” He also made the distinction that “we’re concerned with preserving San Francisco history, not buildings.” But in the name preserving history, the society helped create Mint Plaza, a welcoming plaza across from the Chronicle Building that is ringed by restaurants, retail, and office space.

Lazarus personally bought Cepkauskas onto the society’s board last year because the Hearst project “will have to do community mitigation and I want the Mint to be the beneficiary of that mitigation.” Yet he denies that there is a conflict between the interests of his board and the Hearst project and that of historic preservation and the public interest.

Lazarus also said “I assume Richard would like to stay on our board,” and Lazarus sees no reason why Johns should resign even though the Hearst project is likely to come before the commission later this year.

Remembering John Ross

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P>John Ross — poet, journalist, hell raiser, and iconic San Franciscan — died Jan. 16 of liver cancer, on the shores of Lake Patzcuaro in Mexico. He had been writing for the Guardian fairly consistently since 1982, for the last 25 years as our Mexico City correspondent.

I wrote a fairly lengthy obituary for him that’s posted on the politics blog at sfbg.com. There are so many stories to tell about John that it’s hard even to begin, but my favorite was his tale of the day he left Terminal Island, the federal prison near Los Angeles where he served more than two years for refusing the draft during the Vietnam War.

The warden saw him to the gates, he told me, and than shook his head and said, “Ross, you never learned how to be a prisoner.”

And that was pretty much the story of his life. He lived every day in the spirit of freedom and social justice. He was beaten by the police in the streets of San Francisco and lost an eye. He went to Baghdad to stand in the way of the bombs when George W. Bush invaded. He dodged Gen. Augusto Pinochet’s bullets in Chile. He was madly fearless and would go wherever the story was.

I wanted this page to be about his life, not his death, so I’m reprinting some of my favorite John Ross poems. They were all self-published, some in booklets photocopied and stapled together, some done at cut-rate printers, but none still available from anyone. They are all labeled “anti-copyright.” I just hope my copies aren’t the last ones on Earth.

There will be a memorial in San Francisco soon. I’ll publish the details when I have them. you can also e-mail obispa@gmail.com for updates.

P.S.: John, as I expected, left very specific instructions for his remains. I quote:

I ask that my body be rendered into ashes and the ashes distributed in the following locations: Trinidad, California, both flow from the bluffs and sprinkled atop the gravesite of my old comrade, E.B. Schnaubelt, a noted anarchist.

San Francisco, strewn along the Mission 14 route between 24th and 16th streets and deposited in the planter boxes outside the Café Bohème.

Mexico, some of my ashes can be dumped in the ashtrays outside the Hotel Isabel and on the sidewalk outside the Cafe la Blanca. A handful can be spread in the zócalo plaza. Other ashes can be spread at the Zapatista caracol in Oventik, on the shores of Lake Pátzcuaro, and in the boneyard at Santa Cruz Tanaco, where my first-born, Tristram, is buried, both in Michoacán.

New York City, my place of birth: I ask that my ashes be strewn in Washington Square Park and other pertinent venues in the East and West Village in addition to Union Square. The remainder of my ashes should be rolled into marijuana cigarettes and smoked by participants in these scatterings. *

 

THE VIEW FROM MISSION ROCK

The big gray ships

They move so powerful slow

It almost seems We are not getting There.

This gives one hope.

(From At The Daily Planet, 1981)

 

RONCO Y DULCE

Coming out of the underground On the BART escalator, The Mission sky Is washed by autumn, The old men and their garbage bags Are clustered in the battered plaza We once named for Cesar Augusto Sandino. Behind me down below in the throat of the earth A rough bracero sings Of his comings and goings In a voice as ronco y dulce As the mountains of Michoacan and Jalisco For the white zombies Careening downtown To the dot coms. They are trying to kick us Out of here Again They are trying to drain This neighborhood of color Of color Again. This time we are not moving on. We are going to stick to this barrio Like the posters so fiercely pasted To the walls of La Mision With iron glue That they will have to take them down Brick by brick To make us go away And even then our ghosts Will come home And turn those bricks Into weapons And take back our streets Brick by brick And song by song Ronco y dulce As Jalisco and Michaocan Managua, Manila, Ramallah Pine Ridge, Vietnam, and Africa. As my compa OR say We here now motherfuckers Tell the Klan and the Nazis And the Real Estate vampires To catch the next BART out of here For Hell.

(from Against Amnesia, 2002)

 

PINOCHET MEETS THE PRESS

If the eye

inside the camera

offends thee,

pluck it out,

pluck out the eye

pluck out the film,

smash the camera,

slash the images,

pour gasoline over those

who framed the images

then strike a match.

Make sure there are

no witnesses,

that those who look

for witnesses disappear.

Silence the people,

cut out the tongues

of those who would complain

about being silenced.

Swear on blazing bibles

that none of you

will ever tell anyone

what you have seen here.

Empty out the nation.

Bury those who insist on staying

in unmarked graves.

Pretend that no one

will ever know.

Turn off the lights.

Try to sleep.

(from Heading South, 1986)

 

11TH SUICIDE POEM IN NOVEMBER

The next child I won’t father we will name

Nomathamba. We will call her Thembi for short

She will be exactly like Pharaoh drew her. She

Will smile several hours each day. Her teeth

Will come on like white Christmas. She will crawl

Into bed with us to see if we

Are fucking. She will never be scared. She will

Speak Xhosa. I will buy her a dog named Mardi Gras

And she will learn what it is to lose something

You love. She will grow up.

(Unpublished, undated)

Editor’s Notes

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tredmond@sfbg.com

Former Mayor Willie Brown says that choosing a person of color for a leadership position should be a progressive value. Board of Supervisors President David Chiu says the new mayor, Ed Lee, is a progressive. Several supervisors and other political observers say the six-vote progressive majority on the board is gone.

And nobody really talks about what that word means.

Progressive is a term with a long political vintage, but it’s changed (as has the political context) since the 1920s. (Progressives these days aren’t into Prohibition.) So I’m going to take a few minutes to try to sort this out.

I used to tell John Burton, the former state senator, that a progressive was a liberal who didn’t like real estate developers. But that was in the 1980s, when the Democratic Party in town was funded by Walter Shorenstein and other developers who were happy to be part of the party of Dianne Feinstein, happy to be liberals on some social issues (Shorenstein insisted that the Chamber of Commerce hire and promote more women), and happy to promote liberal candidates like John and Phil Burton for state and national office — as long as they didn’t mess with the gargantuan money machine that was high-rise office development in San Francisco.

But these days it’s not all about real estate; it’s that the level of economic inequality in the United States has risen to levels unseen since the late 1920s. So I sat down on a Saturday night when the kids went to bed(yeah, this is my social life) and made a list of what I think represent the core values of a modern American progressive. It’s a short list, and I’m sure there’s stuff I’ve left off, but it seems like a place to start.

This isn’t a litmus test list (we’ve endorsed plenty of people who don’t agree with everything on it). It’s not a purity test, it’s not a dogma, it’s not the rules of entry into any political party … it’s just a definition. My personal definition.

Because words don’t mean anything if they don’t mean anything, and progressive has become so much of a part of the San Francisco political dialogue that it’s starting to mean nothing.

For the record: when I use the word "progressive," I’m talking about people who believe:
1. That civil rights and civil liberties need to be protected for everyone, even the most unpopular people in the world. We’re for same-sex marriage, of course, and for sanctuary city and protections for immigrants who may not have documentation. We’re also in favor of basic rights for prisoners, we’re against the death penalty, and we think that even suspected terrorists should have the right to due process of law.
2. That essential public services — water, electricity, health care, broadband — should be controlled by the public, not by private corporations. That means public power and single-payer government run health insurance.
3. That the most central problem facing the city, the state, and the nation today is the dramatic upward shift of wealth and income and the resulting economic inequality. We believe that government at every level — including local government right here in San Francisco — should do everything possible to reduce that inequality. That means taxing high incomes, redistributing wealth, and using that money for public services (education, for example) that tend to help people achieve a stable middle-class lifestyle. We believe that San Francisco is a rich city, with a lot of rich people, and that if the state and federal government won’t try to tax them to pay for local services, the city should.
4. That private money has no place in elections or public policy. We support a total ban on private campaign contributions, for politicians and ballot measures, and support public financing for all elections. Corruption — even the appearance of corruption — taints the entire public sector and helps the fans of privatization, and progressives especially need to understand that.
5. That the right to private property needs to be tempered by the needs of society. That means you can’t just put up a highrise building anywhere you want in San Francisco, of course, but it also means that the rights of tenants to have stable places for themselves and their families to live is more important than the rights of landlords to maximize return on their property. That’s why we support strict environmental protections, even when they hurt private interests, and why be believe in rent control, including rent control on vacant property, and eviction protections and restrictions on condo conversions. We think community matters more than wealth, and that poor people have a place in San Francisco too — and if the wealthier classes have to have less so the city can have socioeconomic diversity, that’s a small price to pay. We believe that public space belongs to the public and shouldn’t be handed over to private interests. We believe that everyone, including homeless people, has the right to use public space.
6. That there are almost no circumstances where the government should do anything in secret.
7. That progressive elected officials should use their resources and political capital to help elect other progressives — and should recognize that sometimes the movement is more important that personal ambitions.

I don’t know if Ed Lee fits my definition of a progressive. He hasn’t taken a public position on any major issues in 20 years. We won’t know until we see his budget plans and learn whether he thinks the city should follow Gavin Newsom’s approach of avoiding tax increases and simply cutting services again. We won’t know until he decides what to tell the new police chief about enforcing the sit-lie law. We won’t know until we see whether he keeps Newsom’s staff in place or brings in some senior people with progressive values.
I agree that having an Asian mayor in San Francisco is a very big deal, a historic moment — and as Lee takes over, I will be waiting, and hoping, to be surprised.