Review

Difficult loves

0

arts@sfbg.com

FILM The critic Quintín began his review of Mysteries of Lisbon in last winter’s Cinema Scope by noting that the film’s lavish production and strong reception marked a welcome turnaround for its director Raúl Ruiz, who in the years prior struggled with funding and illness. Though produced for Portuguese television, the film won awards and raves on the festival circuit. Suddenly, Ruiz seemed more assured his rightful status as a master. A year later Mysteries of Lisbon arrives for a rather miraculous theatrical run — but Ruiz is gone. He died in August 2011, having directed many more films than his 70 years.

Ruiz’s films have typically been the province of hardcore cinephiles, but this splendid epic holds wider appeal. It’s difficult to think of another movie that so satisfyingly captures the intricacies and volatilities of the 19th century novel — anyone enthralled by the teeming creations of Balzac and Dickens will find that Mysteries of Lisbon‘s four-and-a-half hours stream by. Ruiz was no stranger to the 19th century — his recent films included Klimt (2006) and the Proustian Time Regained (1999) — but the ornately plotted trio of novellas by Portuguese author Camilo Castelo Branco which supply these mysteries seem specially tailored to the director’s affinity for involved narrations.

The story sweeps across dozens of characters and several generations of doomed love, revenge plots, disguised identities, uncertain parentages, and religious vows. We even glimpse the Napoleonic Wars. It’s gripping stuff, in other words, and Ruiz meant it that way — the film refutes the idea that an analytical narration style upbraids narrative pleasure (a cornerstone of much structuralist film theory). One hesitates to launch into describing Mysteries of Lisbon‘s plot, not only because there’s such an awful lot of it, but also because it risks underselling the brilliant means by which information is divulged.

It begins with an adolescent searching out his origins. Pedro da Silva lives under the care of kindly and knowing Father Dinis. The boy becomes dimly aware of his mother, Angela de Lima, when he’s sick with fever (realized with a neat impressionistic distortion). In the film’s first flashback, to the near past, we learn of her cruel treatment at the hands of her husband, the Count of Santa Bárbara. She eventually flees to the church, whereupon her history of misfortune tumbles out in a deeper flashback narrated by Dinis: her passion for Pedro’s father and the iron disapproval of her father, the Marquis de Montezelos. After contracting the elder Pedro’s murder to his thug, Knife Eater, Marquis arranges for the man to snuff out his daughter’s bastard child at birth. A gypsy bargains for the baby’s life from Knife Eater, and that gypsy, we later learn, is one and the same as Father Dinis.

The priest’s shadowy transformations provide a recurring template for Mysteries of Lisbon, as does his eventual commitment to God. An intermission is shrewdly positioned so that the beginning of the second half begins with another origin story — Dinis’s own. The Samsaric wheel of lost love and filial abandonment turns again. A new set of characters emerge, including a mysterious capitalist posing as a Brazilian import who eventually marries the Count of Santa Barbara’s mistress, Eugénia, and takes a peculiar interest in Pedro’s well-being. His former lover, the bewitching Duchess of Cliton, lives for revenge and arouses the idealistic romance of Pedro, now a young man: it seems we’ve spun through the past long enough for him to age.

Delirious yet? That narrow introduction doesn’t begin to convey the vertiginous experience of Mysteries of Lisbon‘s discoveries and resonances. By moving steadily further from the young Pedro’s frame of reference, Ruiz suggests that every doomed love is its own even as they are invariably connected. The immersive nature of the flashbacks all but obliterates any semblance of Pedro’s narrative through line, and leaves us vulnerable to alluring déjà vu (key repetitions of specific objects, framings, and dialog within different spheres of the plot). If Ruiz is partly poking fun at literary convention by repeatedly framing eavesdroppers in the extreme foreground and backgrounds of the frame, for instance, he’s also giving us tangible figures of the thread that connects these disparate stories.

Ruiz’s narrations are commonly likened to labyrinths, but for Mysteries of Lisbon‘s vigorous expansion I reach for the cosmos: one luminous sphere rotates another which in turn rotates a larger system, the whole of it spreading outwards in all directions at once. There are many other ways one could model the narrative’s abundance — in interviews Ruiz cited the mathematical concept of overflow — but the point is not so many films inspire this kind of reflection. And if complexity is one measure of the film’s greatness, flexibility is surely another. Throughout, Ruiz demonstrates that a distant long take need not be emotionally remote; that a shot can reveal as it conceals; that dramatic irony can fluctuate, giving knowledge itself an almost textural quality.

In one of the few scenes set outside a gilded room or convent, the older Pedro searches out his mother’s grave. There he meets his grandfather, the formerly imposing Marquis, now a deluded blind beggar. It’s the umpteenth case of a character cropping up in a different mask, and this one seems the most obvious kind of poetic justice. As the Marquis exits, his beggar companion approaches Pedro. He redundantly recounts the Marquis’ fall, but then adds his own insight, that nobility’s great tragedies are simply the stuff of life for beggars. Ruiz remains light on his feet well past the four hour mark, always prepared with another shift in perspective. Mysteries of Lisbon is not the kind of masterpiece you expect of an old man, but then Ruiz clearly had little use for such a simplistic concept of time. 

MYSTERIES OF LISBON opens Sept. 30 in San Francisco.

Alerts

0

alert@sfbg.com

WEDNESDAY 21

 

Guardian Mayoral Forum

This Guardian-sponsored mayoral forum caps a series of five events this summer in which community members, policy experts, and progressive groups have created an agenda that serves all San Franciscans (see “A new progressive agenda, 9/13/11). All the major mayoral candidates have been asked to review that agenda and they’ll publicly weigh in with where they stand on the issues and solutions it addresses.

6 p.m., free

LGBT Center

1800 Market, SF

www.sfbg.com

 

Medicaid matters

Join the Independent Living Resource Center of San Francisco and other groups representing seniors, the disabled, and social justice advocates in a demonstration against the deep cuts to Medicaid that are now being discussed by Congress and the White House. Attendees will be asked to write their names and stories on a blank strip of paper that will be linked together in a long chain.

Noon, free

Civic Center Plaza

Polk and Grove, SF

www.ilrcsf.org/Rally/rally.htm

 

Rev. Billy at Revolution Books

Writers and performance artists Savitri D and Bill Talen will discuss their new book, The Reverend Billy Project: From Rehearsal Hall to Super Mall with the Church of Life After Shopping, which chronicles their creation of an effective and inspiring anti-consumerist group in New York City. Talen assumes his evangelical alter ego of Reverend Billy to preach against the evils of everything from corporate-controlled sweatshops and chain stores to mountain-top removal coal mining, delivering heavy message with a fun and engaging flair, backed by a large choir.

7 p.m., free

Revolution Books

2425 Channing, Berk.

www.revolutionbooks.org

 

FRIDAY 23

The ARTery Project

The San Francisco Arts Commission and various City Hall officials have been trying to enliven the Central Market area with series of arts initiatives they’ve dubbed the ARTery Project, ranging from the Art in Storefronts effort to the recent placement of artist Karen Cusolito’s Dandelion sculpture (originally created for Burning Man) in United Nations Plaza. The commission’s 2011 photography interns will display their work on the project during this reception.

5-7 p.m. Free

Sup. Jane Kim’s office

City Hall

1 Dr. Carlton B. Goodlett, SF

www.sfartscommission.org/artery

 

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Write what you know

8

arts@sfbg.com

LIT Most fans probably associate Will “The Thrill” Viharo with Thrillville, the awesomely cool series of B movie screenings he hosted at the Parkway (now closed) and Cerrito (now operating under new ownership) theaters. But in recent years, Viharo’s become “The Quill,” shifting his focus to his first love: writing. He’s written several novels and numerous short projects in a retro, neo-pulp vein; he’s currently working on new material as well as publishing several of his older novels, some of which go back decades. He started his first novel, Chumpy Walnut — about a foot-tall boy lost in a world of macabre make-believe — when he was only 16.

“I am a born writer, as pretentious as that may sound. I’m basically unemployable, possess no other marketable or practical skills, and so realistically, my career options are severely limited. It’s a matter of simple survival: sink or swim, write or die,” the 48-year-old Alameda resident explains. “Once I started writing, I just couldn’t stop. It’s how I respond to life and the world in general, my natural mode of expression. I really have no choice.”

Viharo’s first published novel, Love Stories Are Too Violent For Me, was released in 1995 by Wild Card Press. Movie rights to the book, which introduced recurring character Vic Valentine, have been owned by the actor Christian Slater for the past ten years — though Valentine, a San Francisco private eye, has yet to make his big-screen debut. Undeterred, Viharo has penned a slew of other killer, colorfully-titled books, including A Mermaid Drowns in the Midnight Lounge, Fate is My Pimp, Romance Takes a Rain Check, and Diary of a Dick. All are written in a feverish style that recalls not only the hard-boiled detective novels of authors like Raymond Chandler, but also a wide variety of cinematic influences.

“My work has always been informed and creatively inspired by films, particularly exploitation cinema, and all kinds of ‘mood music,’ even more so than my sundry literary influences,” Viharo says. “I think that’s why my stuff has a keen visual sense and fluent rhythm unique to the form, kind of like graphic novels, sans the graphics.”

It makes perfect sense then that Viharo has made a book trailer to help promote his work. The clip, posted on his website (www.thrillville.net), recalls a classic film noir narrated by tempting excerpts from Viharo’s books. The brand-newest Viharo tome, Freaks That Carry Your Luggage Up To The Room, is a blistering tale he describes as “gonzo bizarro pulp;” it’s due out in November. He’s self-releasing it, as he has all his works since Love Stories.

“My stuff is good, I know it, and I’m taking it directly to the audience I know is already out there, bypassing the corporate middleman,” Viharo says. He’s learned that the mainstream publishing industry is a conservative, fickle beast — and he’s done trying to win the hearts of corporate titans. “I’m actually riding a new wave since digital publishing has usurped the marketplace, opening doors for many neglected talents at both ends of the scale.”

Viharo’s novels are available online through Lulu as eBooks or print-on-demand paperbacks, and he recently got approval to sell Down a Dark Alley on iTunes after a period of “special review” — it seems his more lurid material had triggered an additional vetting before being given the green light.

“Basically, after several decades of self-exploration, I have no more inhibitions, at least artistically,” Viharo says. “My brain has been irrevocably damaged over the years, via sustained exposure to the insanity of our world as well as endless viewings of seriously fucked-up movies, and it shows, but I’m shameless by nature.”

Although his books can feature sensationalistic and savage settings, events, and characters, they are still meant to be simply entertaining — a goal that they exceedingly achieve, thanks to Viharo’s artistic outlook.

“Even the most graphic depictions of XXX kinky sex and ultra-violence are presented in a satirical, cartoonish context, not meant to be taken too seriously,” says Viharo. “I’m a softie at heart; my hard-boiled veneer is pretty transparent, I think. It’s impossible for me to remove my tongue from my cheek no matter how twisted my subject matter happens to be.”

Cops go after the press

1

EDITORIAL The BART Board and the new general manager, Grace Crunican, have become so clueless it’s almost mind-boggling. For weeks, demonstrators have been taking to the BART stations to complain about a policy that never should have been in place (the shutoff of cell phone service during an earlier demonstration). The response of the BART Police (and, unfortunately, the San Francisco Police Department) has been so heavy handed and out of scale that it’s just making the situation worse.

For starters, BART could have easily avoided most of the trouble if the agency had simply apologized for cutting off phone service and instituted a policy to ensure that it would never happen again. And the new civilian police auditor can go a long way to establishing public credibility by expediting review of the shooting of Charles Hill and releasing a report quickly.

But BART is doing nothing but further agitating the protesters — and the events of Sept. 8 were a case in point.

The BART Police, with the help of the SFPD, began arresting people who were doing nothing but protesting in an area that BART had previously said would be open for demonstrations. The activists were peaceful — loud at times, but peaceful. And the police had nothing to charge them with except an old state statute that bars interference with the operation of a railroad.

The arrests came without warning — as Rebecca Bowe reported on sfbg.com, the police never declared an unlawful assembly, never warned protesters that they would be arrested if they didn’t leave and never followed normal, proper, legal procedures.

Then the cops went after the press. Reporters who were wearing passes issued by the SFPD were told to line up and present their credentials — at which point the San Francisco cops confiscated the press passes. That left reporters in a bind — if they stayed around to continue to cover the events, they would be subject to arrest. If they left, they’d miss the story — which may have been exactly what BART had in mind.

The episode is just the latest evidence that the BART police lack the training and experience to handle difficult situations. Crunican needs to get a handle on this immediately — and the BART Board, which has been far too hands-off when it comes to police abuse, needs to demand tighter procedures and more direct and effective discipline for the subway system cops.

The SFPD brass knows better than this — and while some officers privately say that detaining the press was a mistake, Chief Greg Suhr has been silent on the issue. He needs to speak out, now — apologize to the reporters and announce a policy change that strictly limits the ability of officers to arrest or detail credentialed journalists (and that bars the confiscation of press passes in all but the most unusual circumstances).

Meanwhile, the incident raises again a question the Society of Professional Journalists, and San Francisco officials, ought to be taking up: Why are the cops the ones who issue credentials for reporters?

Editorial: The BART and SFPD cops go after the press!

3

The BART Board and the new general manager, Grace Crunican, have become so clueless it’s almost mind-boggling. For weeks, demonstrators have been taking to the BART stations to complain about a policy that never should have been in place (the shutoff of cell phone service during an earlier demonstration). The response of the BART Police (and, unfortunately, the San Francisco Police Department) has been so heavy handed and out of scale that it’s just making the situation worse.

For starters, BART could have easily avoided most of the trouble if the agency had simply apologized for cutting off phone service and instituted a policy to ensure that it would never happen again. And the new civilian police auditor can go a long way to establishing public credibility by expediting review of the shooting of Charles Hill and releasing a report quickly.

But BART is doing nothing but further agitating the protesters — and the events of Sept. 8 were a case in point.

The BART Police, with the help of the SFPD, began arresting people who were doing nothing but protesting in an area that BART had previously said would be open for demonstrations. The activists were peaceful — loud at times, but peaceful. And the police had nothing to charge them with except an old state statute that bars interference with the operation of a railroad.

The arrests came without warning — as Guardian reporter  Rebecca Bowe reported on sfbg.com, the police never declared an unlawful assembly, never warned protesters that they would be arrested if they didn’t leave and never followed normal, proper, legal procedures.

Then the cops went after the press. Reporters who were wearing passes issued by the SFPD were told to line up and present their credentials — at which point the San Francisco cops confiscated the press passes. That left reporters in a bind — if they stayed around to continue to cover the events, they would be subject to arrest. If they left, they’d miss the story — which may have been exactly what BART had in mind.

The episode is just the latest evidence that the BART police lack the training and experience to handle difficult situations. Crunican needs to get a handle on this immediately — and the BART Board, which has been far too hands-off when it comes to police abuse, needs to demand tighter procedures and more direct and effective discipline for the subway system cops.

The SFPD brass knows better than this — and while some officers privately say that detaining the press was a mistake, Chief Greg Suhr has been silent on the issue. He needs to speak out, now — apologize to the reporters and announce a policy change that strictly limits the ability of officers to arrest or detail credentialed journalists (and that bars the confiscation of press passes in all but the most unusual circumstances).

Meanwhile, the incident raises again a question the Society of Professional Journalists, and San Francisco officials, ought to be taking up: Why are the cops the ones who issue credentials for reporters?

 

The Guardian Final Forum — featuring the candidates

0

A chance for candidates for mayor to review the progressive platform we’ve developed in community meetings over the summer and tell us where they stand

Wednesday, September 21st from 6:00 – 7:30 pm

LGBT Center 1800 Market Street (at Octavia), San Francisco, CA
(Limited street parking.  MUNI METRO LINES J,K,L,M,N, the F STREETCAR, or MUNI BUS LINES 6,7,9, 10, 14, 21, 26, 47, 49, 66 and 71.  BART to SF Civic Center, then transfer to Muni Metro or F lines.)

Previously Discussed Issues
Issue One: Economy, Jobs and the Progressive Agenda
Issue Two: Budget, Healthcare and Social Services
Issue Three: Tenants, Housing and Land Use
Issue Four: Immigration, Education and Youth
Issue Five: Environment, Energy and Climate Change

 

PLUS: The Guardian’s mayoral endorsement interviews are underway, and you can get full audio versions of all the discussions on the politics blog.

An American blindness

8

After the first jetliner crashed into the Twin Towers on that September 11 morning, a friend of mine and his 11-year old daughter climbed up to the roof of their Manhattan home to look around. Just then the second plane struck, the young girl fell backward, and went blind from shock.

It took more than a year of examinations and therapies before this girl came out of her blindness to look around.

That’s what happened to America itself ten years ago this Sunday on 9/11, though it might be claimed many of us were blinded by privilege and hubris long before. But 9/11 produced a spasm of blind rage, arising from a pre-existing blindness as to the way much of the world sees us. That in turn led to the invasions of Afghanistan, Iraq, Afghanistan again, Pakistan, Yemen, Somalia and, in all, a dozen “shadow wars” according to The New York Times.

Bob Woodward’s crucial book, Obama’s Wars, points out that there were already secret and lethal counterterrorism operations active in more than 60 countries as of 2009. From Pentagon think tanks came a new military doctrine of the “Long War,” a counter-insurgency vision arising from the failed Phoenix program of the Vietnam era, projecting U.S. open combat and secret wars over a span of 50 to 80 years, or 20 future presidential terms. The taxpayer costs of this Long War, also shadowy, would be in the many trillions of dollars — and paid for not from current budgets, but by generations born after the 2000 election of George W. Bush. The deficit spending on the Long War would invisibly force the budgetary crisis now squeezing our states, cities and most Americans.

Besides the future being mortgaged, civil liberties were thought to require a shrinking proper to a state of permanent and secretive war, so the Patriot Act was promulgated. All this happened after 9/11 through Democratic default and denial. Who knows what future might have followed if Al Gore, with a half-million popular vote margin over George Bush, had prevailed in the U.S. Supreme Court instead of losing by the vote of a single justice? In any event, only a single member of Congress, Barbara Lee of Berkeley-Oakland, voted against the war authorization, and only a single senator, Russ Feingold, voted against the Patriot Act.

Were we not blinded by what happened on 9/11? Are we still? Let’s look at the numbers we almost never see.

 

CASUALTIES OF WAR

As to American casualties, the figure now is beyond twice those who died in New York, Pennsylvania and Washington D.C. on 9/11. The casualties are rarely totaled, but are broken down into three categories by the Pentagon and Congressional Research Service. There is Operation Enduring Freedom, which includes Afghanistan and Pakistan but, in keeping with the Long War definition, also covers Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Second, there is Operation Iraqi Freedom and its successor Operation New Dawn, the name adopted after September 2010 for the 47,000 US advisers, trainers and counterterrorism units still in Iraq. The scope of these latter operations includes Bahrain, Jordan, Kuwait, Oman, Qatar, Saudi Arabia, Turkey and the United Arab Emirates. These territories include not only Muslim majorities but, according to former Centcom commander Tommy Franks, 68 percent of the world’s proven oil reserves and the passageway for 43 percent of petroleum exports, another American geo-interest which was heavily denied in official explanations.

A combined 6,197 Americans were killed in these wars as of August 16, 2011, in the name of avenging 9/11, a day when 2, 996 Americans died. The total number of American wounded has been 45,338, and rising at a rapid rate. The total number rushed by military Medivac out of these violent zones was 56, 432. That’s a total of 107,996 Americans. And the active-duty military suicide rate for the decade is at a record high of 2, 276, not counting veterans or those who have tried unsuccessfully to take their own lives. In fact, the suicide rate for last year was greater than the American death toll in either Iraq or Afghanistan.

The Pentagon has long played a numbers game with these body counts. In addition to being painfully difficult and extremely complicated to access, there was a time when the Pentagon refused to count as Iraq war casualties any soldier who died from their wounds outside of Iraq’s airspace. Similar controversies have surrounded examples such as soldiers killed in non-combat accidents.

The fog around Iraq or Afghanistan civilian casualties will be seen in the future as one of the great scandals of the era. Briefly, the United States and its allies in Baghdad and Kabul have relied on eyewitness, media or hospital numbers instead of the more common cluster-sampling interview techniques used in conflict zones like the first Gulf War, Kosovo or the Congo. The United Nations has a conflict of interest as a party to the military conflict, and acknowledged in a July 2009 U.N. human rights report footnote that “there is a significant possibility that UNAMA is underreporting civilian casualties.”

In August, even the mainstream media derided a claim by the White House counter-terrorism adviser that there hasn’t been a single “collateral,” or innocent, death during an entire year of CIA drone strikes in Pakistan, a period in which 600 people were killed, all of them alleged “militants.” As an a specific explanation for the blindness, the Los Angeles Times reported April 9 that “Special Forces account for a disproportionate share of civilian casualties caused by western troops, military officials and human rights groups say, though there are no precise figures because many of their missions are deemed secret.”

 

STICKER SHOCK OF WAR

Among the most bizarre symptoms of the blindness is the tendency of most deficit hawks to become big spenders on Iraq and Afghanistan, at least until lately. The direct costs of the war, which is to say those unfunded costs in each year’s budget, now come to $1.23 trillion, or $444.6 billion for Afghanistan and $791.4 billion for Iraq, according to the National Priorities Project.

But that’s another sleight-of-hand, when one considers the so-called indirect costs like long-term veteran care. Leading economists Joseph Stiglitz and Linda Bilmes recently testified to Congress that their previous estimate of $4 to $6 trillion in ultimate costs was conservative. Nancy Youssef of McClatchy Newspapers in D.C. — in my opinion, the best war reporter of the decade — wrote recently that “it’s almost impossible to pin down just what the United States spends on war.” The president himself expressed “sticker shock,” according to Woodward’s book, when presented cost projections during his internal review of 2009.

The Long War casts a shadow not only over our economy and future budgets but our innocent and unborn children’s future as well. This is no accident, but the result of deliberate lies, obfuscations and scandalous accounting techniques. We are victims of an information warfare strategy waged deliberately by the Pentagon. As Gen. Stanley McChrystal said much too candidly in a February 2010, “This is not a physical war of how many people you kill or how much ground you capture, how many bridges you blow up. This is all in the minds of the participants.” David Kilcullen, once the top counterinsurgency adviser to Gen. David Petraeus, defines “international information operations as part of counterinsurgency.” Quoted in Counterinsurgency in 2010, Kilcullen said this military officer’s goal is to achieve a “unity of perception management measures targeting the increasingly influential spectators’ gallery of the international community.”

This new war of perceptions, relying on naked media manipulation such as the treatment of media commentators as “message amplifiers” but also high-technology information warfare, only highlights the vast importance of the ongoing WikiLeaks whistle-blowing campaign against the global secrecy establishment. Consider just what we have learned about Iraq and Afghanistan because of WikiLeaks: Tens of thousands of civilian casualties in Iraq, never before disclosed; instructions to U.S. troops to not investigate torture when conducted by U.S. allies; the existence of Task Force 373, carrying out night raids in Afghanistan; the CIA’s secret army of 3,000 mercenaries; private parties by DynCorp featuring trafficked boys as entertainment, and an Afghan vice president carrying $52 million in a suitcase.

The efforts of the White House to prosecute Julian Assange and persecute Pfc. Bradley Manning in military prison should be of deep concern to anyone believing in the public’s right to know.

The news that this is not a physical war but mainly one of perceptions will not be received well among American military families or Afghan children, which is why a responsible citizen must rebel first and foremost against The Official Story. That simple act of resistance necessarily leads to study as part of critical practice, which is as essential to the recovery of a democratic self and democratic society. Read, for example, this early martial line of Rudyard Kipling, the poet of the white man’s burden: “When you’re left wounded on Afghanistan’s plains/ And the women come out to cut up what remains/ Just roll to your rifle and blow out your brains/And go to your God like a soldier.” Years later, after Kipling’s beloved son was killed in World War I and his remains never recovered, the poet wrote: “If any question why we died / Tell them because our fathers lied.”

 

A HOPE FOR PEACE

An important part of the story of the peace movement, and the hope for peace itself, is the process by which hawks come to see their own mistakes. A brilliant history/autobiography in this regard is Dan Ellsberg’s Secrets, about his evolution from defense hawk to historic whistleblower during the Vietnam War. Ellsberg writes movingly about how he was influenced on his journey by meeting contact with young men on their way to prison for draft resistance.

The military occupation of our minds will continue until many more Americans become familiar with the strategies and doctrines in play during the Long War. Not enough Americans in the peace movement are literate about counterinsurgency, counterterrorism and the debates about the “clash of civilizations”, the West versus the Muslim world.

The more we know about the Long War doctrine, the more we understand the need for a long peace movement. The pillars of the peace movement, in my experience and reading, are the networks of local progressives in hundreds of communities across the United States. Most of them are voluntary, citizen volunteers, always and immersed in the crises of the moment, nowadays the economic recession and unemployment.

This peace bloc deserves more. It won’t happen overnight, but gradually we are wearing down the pillars of the war. It’s painfully slow, because the president is threatened by Pentagon officials, private military contractors and an entire Republican Party (except the Ron Paul contingent) who benefit from the politics and economics of the Long War.

But consider the progress, however slow. In February of this year, Rep. Barbara Lee passed a unanimous resolution at the Democratic National Committee calling for a rapid withdrawal from Afghanistan and transfer of funds to job creation. The White House approved of the resolution. Then 205 House members, including a majority of Democrats, voted for a resolution that almost passed, calling for the same rapid withdrawal. Even the AFL-CIO executive board, despite a long history of militarism, adopted a policy opposing Afghanistan. The president himself is quoted in Obama’s Wars as opposing his military advisors, demanding an exit strategy and musing that he “can’t lose the whole Democratic Party.” At every step of the way, it must be emphasized, public opinion in Congressional districts was a key factor in changing establishment behavior.

As for Al Qaeda, there is always the threat of another attack, like those attempted by militants aiming at Detroit during Christmas 2009 or Times Square in May 2010. In the event of another such terrorist assault originating from Pakistan, all bets are off: According to Woodward, the U.S. has a “retribution” plan to bomb 150 separate sites in that country alone there, and no apparent plan for The Day After. Assuming that nightmare doesn’t happen, today’s al Qaeda is not the al Qaeda of a decade ago. Osama bin Laden is dead, its organization is damaged, and its strategy of conspiratorial terrorism has been displaced significantly by the people-power democratic uprisings across the Arab world.

It is clear that shadow wars lie ahead, but not expanding ground wars involving greater numbers of American troops. The emerging argument will be over the question of whether special operations and drone attacks are effective, moral and consistent with the standards of a constitutional democracy. And it is clear that the economic crisis finally is enabling more politicians to question the trillion dollar war spending.

Meanwhile, the 2012 national elections present an historic opportunity to awaken from the blindness inflicted by 9/11.

After more than 50 years of activism, politics and writing, Tom Hayden is a leading voice for ending the wars in Afghanistan, Iraq, and Pakistan and reforming politics through a more participatory democracy.

The America’s cup confusion

19

If the sponsors (and city officials) are right, the America’s Cup is going to be a huge event, attracting hundreds of thousands of spectators, many of whom will want to be on the San Francisco waterfront to watch. But it’s never been clear to me exactly how that’s going to work — how are all those (rich) people who are used to getting around in limos going to travel from their downtown hotels to the viewing areas? If the city wanted to do this right, we should close down the Embarcadero and some of the feeder streets to all vehicles (except ambulances — always needed when rich old people get excited) and force everyone to travel by pedicab. Buy up a fleet of several hundred of the human-powered vehicles and let all the unemployed teenagers get a shot at driving them. Job creation for youth; environmentally sound transportation; potentially fun bumper-car action with well-heeled patrons screaming in fear.


Remember: The f-line, even with improvements, can’t possibly handle the necessary traffic. And the AC types aren’t going to ride the train anyway. No way private cars can all fit without massive gridlock.


So: Pedicabs. My suggestion.


In the meantime, there’s this little problem of 8 Washington.


See, the developer of what would be the city’s most expensive condos ever is planning on excavating 110,000 cubic yards of soil for a massive underground parking garage — right along the Embarcadero, and right during the America’s Cup events. The Draft Environmental Impact Report for 8 Washington indicates that the dump trucks (about 20 big trucks per day, and possibly a lot more) would be using that roadway to get to 101 or 280.


Actually, if activist Brad Paul is correct, there’s no way the developer can excavate that much dirt in the time frame that it’s supposed to happen unless the number of trucks is closer to 300 a day. Imagine all of that happening while 100,000 people are trying to get to the waterfront to watch the show. Oh, and according to the DEIR for the America’s Cup, the Embarcadero will be CLOSED during that period.


The fact is, the 8 Washington project is not only a terrible idea (just what the city needs — more condos for mega-millionaires) but would directly screw up the whole America’s Cup effort. And the amazing thing is that the AC people and the Mayor’s Office don’t seem to be paying attention.


Paul has put together a lengthy critique of the whole mess that makes great reading if you’re into this sort of thing. So I thought I’d just post it all here. Warning: It’s long. Enjoy.


August 15, 2011                                                                                                         


Bill Wycko
Environmental Review Officer
San Francisco Planning Department
1650 Mission Street, Suite 400
San Francisco, CA  94103


Re: COMMENTS ON DRAFT EIR FOR 8 WASHINGTON STREET/
SEAWALL LOT 351 PROJECT    
Case No. 2007.0030E


Dear Mr. Wycko:


I am writing to my provide my comments on the Draft Environmental Impact Report (“DEIR”) for this project, a document that is incomplete, inadequate and in places quite misleading. I’ve organized my comments in sections beginning with a detailed discussion of how the project’s construction schedule has been greatly underestimated. This is followed by discussions of the DEIR’s failure to address key Housing and Population issues, misstatements regarding historic obligations related to Golden Gateway, comments on recreation issues, and more.  In general, I believe the DEIR fails to present objective information and analysis, it omits a number of relevant issues that are critical to the ability of public officials to make objective and informed decisions about the project and it is filled with judgments and assertions that are not supported by facts.


The DEIR is incomplete and inadequate in the following areas:


I. THE DEIR CONSTRUCTION SCHEDULE FOR 8 WASHINGTON IS BOTH INACCURATE AND MISLEADING.


The DEIR construction schedule is based on overly optimistic assumptions that are totally unrealistic; the ramifications of these erroneous assumptions need to be carefully considered as they will cascade throughout the project requiring major revisions to the DEIR before it can be considered accurate and complete.


At the bottom of page II.19 it states:
 
      Project construction, including demolitions, site and foundation work,
      construction of the parking garage, and construction of the buildings,
      would take 27-29 months. Assuming that construction would begin in 2012,   
      the buildings would be ready for occupancy in 2014. The first phase of the
      construction would take about 16 months and would include demolition       
     (2 months), excavation and shoring (7 months), and foundation and below
      grade construction work (7 months).


While the DEIR unequivocally states the project will take 27-29 months to construct, from 2012 to 2014, facts provided elsewhere in the DEIR together with current city policies,  the City’s America’s Cup Host and Venue Agreement and basic math indicate that this schedule is not tenable. The remainder of this section provides the data and analysis that lead to the conclusion that construction of 8 Washington will take much longer than 27-29 months, almost TWICE AS LONG, with excavation taking 2.5 to 3 TIMES longer.  


 


Table 1: Requested Changes to the overall DEIR construction schedule


          ACTIVITY             MINIMUM           MAXIMUM


    DEIR’s construction schedule: 27 months    to    29 months  


    Actual excavation schedule:  18 months           22 months
    — DEIR estimate for excavation – 7 months            – 7 months
    + Increased excavation time  11 months      to       15 months 
    + Archeology delays                .5 months      to         2 months
    +  America’s Cup delays                  2.5 months       to         5 months
    +  Weather delays                        .25 months      to         1 months


   ACTUAL CONSTRUCTION TIME 41 months       to      52 months



 
To refute the numbers in Table 1, project sponsors must present additional, verifiable data supporting their unrealistic assumptions, beginning with the claim that the first phase of construction takes 16 months with a mere seven months allocated for excavation/shoring.


A. The DEIR fails to accurately ascertain and analyze the excavation/shoring schedule.


The DEIR states on page II.20 that “approximately 110,000 cubic yards of soil” will be excavated from the site for an underground garage (approximately 90,000 cubic yards) and other foundation work during the seven (7) month “excavation” portion of the projected timeline. It later states excavation will take place 6.5 hours per day with an average of 20 truck trips per day (pg.IV.D.31). Assuming the average dump truck holds 12 cubic yards of dirt (typical payload for a dump truck), that would mean:


      · 110,000 cu. yards/12 cubic yards per truck = 9,166 truck trips


      · 20 trucks/day X 12 cubic yards/trip = an average of 240 cu. yards/day


      · 110,000 cu. yards/240 cu. yards per day = 458 working days for this task


Could this task be completed in seven (7) months as claimed in the DEIR?  NO.


     ·5 working days per week X 52 weeks = 260 working days per year
             – 11 holidays per year
                   249  total working days/year
   


     ·458 days to finish task/249 working days per year = 22 months  (not 7)
     
For this to take 7 months as the DEIR asserts, the following would have to be true:


   · 20 trucks/day X 7 months (145 working days ) = 2,900 total truck trips


   · 110,000 cu. yards/2,900 trucks = each truck must average 38 cubic yards/trip
Empirical evidence exists, however, proving the DEIR’s claim that the excavation portion of the schedule will take seven months is inaccurate and misleading:



             
        CASE STUDY #1: San Francisco General Hospital Rebuild Project


A recent SF General Hospital (SFGH) Newsletter reports the hospital’s contractor just finished hauling 120,000 cu. yards of dirt from the 45’ deep hole that was dug to build two basement levels and the foundation for a new hospital building. This is as close as anyone is likely to get to replicating what 8 Washington proposes, a three level 40’ deep underground garage accounting for most of the 110,000 cubic yards of dirt that must be removed from the site. 


A call to the SFGH Rebuild office revealed their excavation process took seven (7) months with an average truck load of 13 cu. yards per trip. How was that possible?


“The average truck load was 13 cubic yards. Some days we had
over 300 truck loads hauled in one day. This volume was possible
through use of a paved drive that allowed trucks to enter the side, be
loaded up then tires washed to prevent dirt on road causing storm-            
water pollution and dust.”


The SF General site is just a few blocks from U.S. 101 with direct access via Potrero Ave., thus minimizing potential traffic conflicts. The 8 Washington site will require driving long distances on city streets including “The Embarcadero, Harrison Street, and King Street… likely the primary haul and access routes to and from I-80, U.S. 101, and I-280 (pg. IV.D.31).” Imagine 300 trips a day on one of these streets.


 


        
               CASE STUDY #2: SF PUC’s New Hetch Hetchy Reservoir Tunnel


A recent Oakland Tribune story (4/8/11) describes construction of a new 3.5-mile tunnel designed to protect the water supply from SF’s Hetch Hetchy reservoir from major earthquakes by boring a 2nd, state-of-the-art tunnel from Sunol to Fremont alongside the existing 81-year-old Irvington Tunnel. The article states:


      “By the time the New Irvington Tunnel is completed in 2014, crews will have
        excavated about 734,000 cubic yards of material—the equivalent of 61,000
        dump-truck trips, said officials with the SF Public Utilities Commission.”


Dividing 734,000 cubic yards of soil by the 61,000 dump truck trips that the PUC says are necessary equals 12 cubic yards per truck trip. Given this job’s overall size and $227 million budget, it would seem to confirm the fact that the most efficient excavation equipment for the 8 Washington site will be 12 cubic yard dump trucks.



In light of these facts and the analysis provided above, the only way 8 Washington could meet its proposed seven (7) month excavation schedule would be to:


a) schedule up to 300 TRUCK TRIPS A DAY, over 10 TIMES the average number of trips per day (20) stated in the DEIR and 3 TIMES the absolute maximum of 100 truck trips per day (pg. IV.D.31)  along the Northeast Embarcadero during a period of time that directly overlaps with the major America’s Cup events and activities, something specifically prohibited by the City’s America’s Cup Host and Venue Agreement ,        


         OR


b) average 38 cubic yards of dirt per truck trip, 3 TIMES the average truck payload of both the PUC’s Irvington Tunnel project and SF General Hospital’s 120,000 cubic yard excavation project—assuming that 38 cubic yard trucks:  a) exist in sufficient quantity in   the Bay Area, b) would be available during that period of time described and c) would be allowed on The Embarcadero, Harrison St., King St., Washington St. and Drumm St. by     the City. [see photo comparison of 12 cubic yard vs. 30 cubic yard trucks below]


Unless the project sponsor can demonstrate that one of these two highly unlikely scenarios is possible, then the EIR must reanalyze a number of impacts (e.g. Land Use, Air Quality, Greenhouse Gases) based on a revised excavation schedule, one that takes 2.5 to 3 TIMES as long as the one described in DEIR to complete excavation work, and this 22 month timeline assumes NO archeological remains are found on site and the City imposes NO stop work orders related to America’s Cup (see below).


This 15-month difference between the excavation period analyzed in the DEIR and the ACTUAL time it will take to complete the excavation (22 months vs. 7 months) is a major deficiency in the DEIR with profound impacts.  For instance, some of the most significant unavoidable negative impacts described in the DEIR involve degraded air quality both during and after construction. Adjusting the environmental analysis to reflect how long excavation will actually take means significant air quality impacts related to excavation (with the greatest detrimental effect on seniors, children and people exercising) will persist for 2.5 to 3 TIMES LONGER than described in the DEIR.  This flaw also requires significant revisions to other sections of the DEIR.


In light of this new information, the next draft of the EIR must contain an analysis of    this longer overall construction period—two months for demolition; a range of 18 to 22 months for excavation (not seven months); a built-in range of time for the shutting down of the site when archeological artifacts are uncovered, documented and extracted (something the DEIR’s archeology consultant states is “likely” ); and the building construction period. Finally, given these overly aggressive excavation schedule estimates, all other estimates for later construction phases must now to be cross checked for accuracy by independent contractors (e.g. not working for 8 Washington developer    or the source of the prior DEIR excavation estimate).


B. The actual construction timeline for 8 Washington will be 41-52 MONTHS. 
If the project sponsors disagree with this assessment, they must provide the Planning Department with much more detailed information on how they expect to achieve a shorter construction period given the restrictions described in the DEIR itself as well as mathematical analysis described above. For instance,


– Did the developers err when they reported that the average number of truck
   trips per day would be 20 as analyzed in the DEIR?  If so, what number do they 
   choose to use now and how does that impact various aspects of the DEIR analysis
   such as air quality, conflicts with pedestrians, MUNI and America’s Cup, etc.. 


– Does the developer plan to raise the limit of truck trips per day from 100 (as
   per the DEIR) to 300 truck trips per day? If so, how often will this happen and 
   how will these changes impact various aspects of the previous EIR analysis (e.g. air
   quality, traffic/transit/pedestrian conflicts, America’s Cup)?


– Does the developer plan to lengthen the average workday or work six days a
   week? If so, how often and how would this impact the previous DEIR analysis?
   NOTE: The DEIR construction schedule (27-29 months) was not predicated on the
   trucks operating 6 days a week EVERY WEEK. But even if the developer ran dump  
   trucks 6 days a week for the ENTIRE excavation period it would still take TWICE AS
   LONG as the DEIR states to remove 110,000 cubic yards of dirt .


– Where is the project sponsor planning to route 100 to 300 trucks a day as they
   leave the site, particularly during the various America’s Cup trials (2012) and
   finals (2013) when vehicular traffic will be severely limited or prohibited?
   Washington Street? The Embarcadero? Drumm Street? Clay Street?, where exactly?


– Have the developers located a source of 30+ cubic yard trucks and secured
   city permission to use them on the specific streets described in the DEIR?
   It seems fair to assume the SF General Hospital’s excavation contractor would have
   done this if it were possible (and the SF PUC’s Irvington Tunnel contractor). See the  
   three photos below to get a sense of the size difference between a typical 12 cubic yard
   dump truck and the type of tractor-trailer rig required to carry 30 cubic yards or more.



As the questions and examples (SF General Hospital) above demonstrate, the DEIR’s claim that 110,000 cubic yards can be excavated in seven months defies the laws of physics and math, not to mention the America’s Cup Host & Venue Agreement between the City and Larry Ellison’s Oracle BMW Racing Team 


 A thorough reading of the DEIR’s Archeology section and the America’s Cup Host and Venue Agreement indicate that additional time must be built into the construction schedule for predictable work stoppages related to both issues.


KNOWN ARCHEOLOGICAL RESOURCES IDENTIFIED ON THIS SITE IN THE DEIR


On page IV.C.12, the DEIR’s archeology consultant, Archeo-Tec, identifies the Gold Rush ship Bethel as located under a portion of the site and states that “If discovered, the Bethel would be the oldest known (and perhaps most intact) archeological example of an early Canadian built ship (Pg. IV.C.3)”. On page IV.C.11, the archeology consultant states “Significant archeological resources are likely to exist at this site”.  The DEIR, goes on to state the proposed project will destroy a portion of city’s original Seawall causing “the largest disturbance of the Old Seawall to date”.


As a result of these DEIR findings, the archeology consultant should now be asked for an estimate of the time required to mitigate the discovery of the Bethel and other likely finds (e.g. original Seawall, other Gold Rush ships, original Chinatown). This “likely” work delay should be built into the construction schedule and stated as a range. For purposes of the matrix below (Table 1) we chose a time of two weeks to two months based on anecdotal information from other similar sites. Archeo-Tec, the archeology consultant, should be able to come up with a more precise estimate.


KNOWN AMERICA’S CUP SCHEDULING CONFLICTS


Based on recent MTA staff presentations on protocols for the America’s Cup, it seems clear that traffic, particularly construction dump trucks, will be banned from Washington Street, Drumm Street and The Embarcadero during major America’s Cup events that include, at a minimum, the America’s Cup World Series warm-up races (July/Sept. 2012), the penultimate Louis Vuitton Cup Series (July/August 2013) and the America’s Cup finals (Sept. 2013).  


This represents a minimum of 2.5 months that must be added to the construction schedule, something the DEIR authors should have included if they had read the America’s Cup DEIR which states there are 9+ weeks of races associated with this event in 2012/2013. The extra few weeks added to the low end range in Table 1 (below) are there to accommodate last minute weather delays and various large non-racing events held along the waterfront that will require closure of The Embarcadero, Washington Street, Drumm Street, etc.


Table 1 below lays out a more credible and realistic construction schedule based on the factors described at length above, taken directly from the DEIR or readily available from the city (e.g. America’s Cup DEIR) and the America’s Cup Host and Venue Agreement.


 
Table 1: Requested Changes to the overall DEIR construction schedule


          ACTIVITY             MINIMUM           MAXIMUM 


    DEIR’s construction schedule: 27 months    to    29 months  


    Actual excavation schedule:  18 months           22 months
    — DEIR estimate for excavation – 7 months            – 7 months
    + Increased excavation time  11 months      to       15 months 
    + Archeology delays                .5 months      to         2 months
    + America’s Cup delays                   2.5 months        to         5 months
    + Weather delays                        .25 months      to         1 months


   ACTUAL CONSTRUCTION TIME 41 months       to      52 months


To refute these numbers, the project sponsors must not only present a verifiable and detailed plan to remove 110,000 cubic yards (9,167 truck trips) in seven months that the City has signed off on but also produce a letter from the City and Oracle BMW Racing granting a waiver from Section 10.4 of the America’s Cup Host and Venue Agreement that would allow 20 to 300 trucks a day to drive along The Embarcadero, Washington Street   or Drumm Street during major America’s Cup events in 2012 and 2013.


D. Significant Transportation and Energy issues that were not addressed in DEIR.


More specific information related to the construction process needs to be provided and analyzed in the EIR, particularly regarding the far reaching impacts of those 9,166 dump truck trips, impacts that go beyond the immediate Northeast Waterfront.


The DEIR states “While the exact routes that construction trucks would use would depend on the location of the available disposal sites, The Embarcadero, Harrison Street, and King Street would likely be the primary haul and access routes to and from I-80, U.S. 101, and I-280”. At a minimum, The EIR needs to include information on where the two or three most likely disposal sites are located, based on recent experience (SF General Hospital excavation) so that one can analyze the extent of potential conflicts on the Bay Bridge or 101 South where other trucks will be transporting dirt to and/or from the Transbay Terminal project, Hunters Point Shipyard, Mission Bay, Treasure Island, etc. Without this information, the City could find itself creating significant traffic conflicts on the Bay Bridge or highway 101 that greatly increase air quality, traffic and transit problems without having analyzed these potential impacts in a flawed EIR.


Simply saying “While the exact routes that construction trucks would use would depend on the location of the available disposal sites” isn’t adequate or acceptable. Assumptions must be made regarding most likely disposal sites and routes to those sites and what additional cumulative impacts these routes (and 9,166 trucks) will create. The EIR must provide a MAP of the route to be used for hauling soil, all the way from the departure point at 8 Washington to the final destination(s) with an explanation of where trucks will drive and what restrictions there are on hours, size of payload, safety, etc. for the various streets, highways and bridges they will travel on. If the options include trucking the soil to San Francisco’s southern waterfront to transfer it to barges, then this needs to be disclosed and analyzed, including the potential routes and destinations of those barges.
In addition, to accurately compare the environmental impacts of the project sponsor’s ‘Preferred Project’ to the “No Project” alternative (energy consumption, traffic impacts, air quality degradation, etc.), one needs to know not only the destination of the approximately 9,166 dump truck trips but also the average miles per gallon of a typical dump truck. For instance, if the final destination for the soil was 100 miles away and a typical dump truck averages 8 miles per gallon of diesel fuel, then:



      9,166 truck trips X 200 miles per round trip = 1,833,200 miles for all dump trucks;


      1,833,200 gallons/8 MPG = 229,150 gallons of diesel fuel that would be burned. 


    
In other words, the city’s choices would be:



     229,150 gallons of diesel fuel used to transfer 110,000 cubic yards 1,833,200 miles


VS.


    ZERO (O) gallons of diesel fuel used if the NO PROJECT alternative were approved.


 


E. Importance of accurate, detailed information re: the construction process.


Given the above discussion, it is clear that the construction schedule set forth in the DEIR is inaccurate at best and has led, in many cases, to the significant understating of major negative impacts associated with this project. The lack of a detailed discussion of some of the key aspects of the construction process, e.g. the route and destination of 9,166 dump trucks, is also highly problematic.


Without a complete and thorough analysis of the impacts of a of an overall construction schedule that is TWICE AS LONG as the one analyzed in this DEIR, city officials will be missing much of the critical information they need to determine whether or not the developer’s ‘Preferred Project’ is necessary, desirable or feasible. A complete and factual analysis of this issue must be included in the next draft of the EIR which, given this and  other major inaccuracies and omissions (see below), should be recirculated in draft form.


 



II. THE DEIR FAILS TO DISCUSS OR ANALYZE ANY CRITICAL HOUSING ISSUES RELEVANT TO 8 WASHINGTON OR UNIQUE ENVIRONMENTAL AND ENERGY IMPACTS THOSE HOUSING ISSUES CREATE. 


A. Impacts of the project on the City’s Housing Needs were Not Analyzed in DEIR.  The DEIR states that potentially significant impacts to Population and Housing will not be discussed because the 2007 NOP/Initial Study found that the proposed project would not adversely affect them. Unfortunately the DEIR lacks the basic information needed to reach such a conclusion and, as we will demonstrate, an objective review of relevant 2008-2011 housing data contradicts this conclusion.


The world, particularly regarding housing, has changed radically since 2007. Relying   on housing and population information from 2007 ignores the financial and housing meltdown of 2008 and is simply indefensible. In addition, back in 2007, the EIR consultants were relying on stale, seven-year-old census data while today they have access to a multitude of fresh 2010 census data. No one can dispute that the housing environment today could not be more unlike the housing environment in 2007.
By relying solely on pre-2008 housing data from the 2007 NOP/Initial Study, this DEIR    lacks any of the basic information needed to conclude that this project would not have adverse effects on Population and Housing and must now revisit and thoroughly analyze these issues.


B. The DEIR fails to analyze how the type and price of housing proposed for
8 Washington determines whether or not it meets the city’s housing needs.


One of the project objectives (Pg II.14) is to “help meet projected City housing
needs.” How is that possible, given the fact that the developer has publicly stated
that these will be “the most expensive condominiums in the history of SF” ? With a
$345,000,000 project cost , 8 Washington’s 165 units will cost $2.0 million a unit
just to build . To secure financing and a ‘reasonable’ profit, each unit will have to
sell for $2.5-$5 million with penthouses selling for $8-$10 million.


Nowhere in the DEIR is ANY of this discussed. There is no analysis of how these
very high sales prices will determine who lives at 8 Washington (e.g. how many San
Francisco families could afford these prices?) and how the incomes of these new
residents ($250,000 to over $1 million/year) will dramatically change a number of
the environmental impacts of the project, with major implications for sustainability
and energy use, among other things.


The final EIR must state the average cost to build each unit and the range of
sales prices expected so that public officials can assess for themselves whether
the proposed condos will or will not  “help meet projected City housing needs.” 


The 2009 Housing Element, signed into law by Mayor Ed Lee on June 29, 2011, states that 61% of the housing need in San Francisco is for below-market-rate housing—serving families making 30-120% of Area Median Income (AMI), and only 39% of the city’s housing need is for market rate housing (120% to 500+% AMI).


As Planning staff and Commissioners know from their Housing Element discussions, the luxury condos proposed for this project are so expensive they will not help the city meet its current unmet housing needs. If this project objective (Pg II.14) is left in the final EIR, it should include a note explaining that the project, as proposed, is unlikely to meet this objective for the following reasons:


Condominiums selling for $2.5 million and more fall into the one segment of the city’s housing market that is currently overbuilt and has historically been over represented in relation to the state’s Regional Housing Needs Allocation (RHNA) goals that underpin the updated 2009 Housing Element of the city’s General Plan. An ABAG report on housing needs vs. housing production in SF (1999-2006) that came out in 2007—a report that should have informed the 2007 NOP/Initial Study for 8 Washington—states RHNA Allocations (Goal), Permits Issued (Permitted) and % of Allocation Permitted (% of RHNA Goal) by income category as follows:



Table 2: SF Housing Production (1999-2006)*


Housing Type  Very Low    Low              Moderate       Market Rate 
by Income    Income Income  Income           Housing
____________________________________________________________________________________________________________
  % of AMI:    21-50%  51-80%  81-120%         120-500+%
  Annual income: [21-50K] [57-81K] [85-123K]   [123K-$1million+]
———————————————————————————————————-
·RHNA Goal (units)   5,244       2,126   5,639                7,363


·Permitted    4,203       1,101      661                        11,474


·% of RHNA Goal     80%      52%       12%             156%


        * from a 2007 ABAG report entitled: A Place to Call Home



A chart like this, showing housing goals by income group (based on RHNA numbers from the State Office of Housing and Community Development), must be included in the DEIR so public officials can analyze what portion of the city’s unmet affordable and middle income housing needs, if any, the proposed project would meet. It illustrates something local housing experts have long known, that the city consistently comes in well above its RHNA goals for market rate condos, and has historically fallen short of its goals in all other categories for affordable housing, the housing that serves the 61% of San Franciscans that cannot afford ‘market rate’ housing.
C. Dramatic changes to the San Francisco housing market since the 2007 NOP/ Initial Study were not acknowledged and analyzed in the DEIR. All the traditional (pre-2007) sources of funding for the city’s affordable housing programs have dried up since the 2008 housing crash. Redevelopment tax increment funds will either be significantly reduced to pay the state to avoid closure of the SF Redevelopment Agency, or they will be eliminated altogether. Proceeds from the state’s $2.8 billion Affordable Housing Bond (Prop. 1C) are all spent. The federal Low Income Housing Tax Credit, a major source of funding for affordable housing, is under attack by House and Senate Republicans and may not survive.


This indicates that San Francisco won’t come close to meeting its pre-2007 affordable housing production levels  until we find a new permanent local source of funding for affordable housing. How long will that take? The DEIR must address this issue.


Another chart that must be included in the DEIR shows the city’s RHNA goals by income category combined with a summary of a recent SF Business Times (6/24/2011) chart showing all San Francisco residential projects under construction, permitted or  in the planning pipeline . Such a chart would look something like Table 3 below:


Table 3: Where does the city need help in meeting its RHNA goals?


          Extremely Low       Very Low            Low             Moderate          Market Rate   
                 Income          Income           Income            Income               Housing
         Below 30% AMI          31-50%            51-80%           81-120%              120-500+% 
      [21K-30K]         [35K-50]        [57K-81K]      [85K-120K]        [120K-$1M+]
____________________________________________________________________________________________________________


RHNA      439/yr.                   439/yr.           738/yr.            901/yr.                    1,632/yr.
Goals:      10.5%        +          10.5%      +      18%        +     22%  =  61%           39%
# of units                    of total        of total
% of goal
                             All Affordable Categories Combined            Market Rate_


Underway:          470 units                 1,557 units


Approved:                  8,751 units             30,878 units


In Pipeline:                   780 units                     4,184 units 
________________________________________________________________________
                          10,000 units             36,619 units 
            or                     or
          21.5% of all units                 78.5% of all units


                        56% of RHNA goals                                300% of RHNA goal
                in all affordable categories                        in market rate category
Some version of Table 3 must be included in the revised DEIR to help public officials determine whether the significant negative environmental impacts this project creates are outweighed by the ‘need’ for the type of housing that 8 Washington provides given the priorities set forth in the Housing Element of the General Plan and what the above-mentioned SF Business Times chart tells us about likely housing production for each segment of the city’s housing needs (from 2011-2014). 


Table 3 demonstrates that in a few years, if nothing changes, the city will have approved and built out 300% of its RHNA goal for Market Rate projects (such as 8 Washington) but only 56% of its RHNA goals for all other housing that serves San Franciscans making 30% AMI to 120% AMI. But given what we now know about the current lack of funding for affordable housing, the exact opposite of what was true in 2007 (when the city had significant amounts of Redevelopment tax increment and other affordable housing funds), many of the affordable housing projects listed by the Business Times are now on hold and unlikely to come on line by 2014. This means the mismatch between market rate (39% of need but 300% of production) and all categories of affordable will be even greater than Table 3 indicates.


To be fair, one could argue that some of the market rate housing on the Business Times chart may not be built soon either given that banks have been reluctant to lend money lately. However, a recent article in the SF Chronicle (8/11/11) entitled “Rents Go Through Roof” indicates that the city’s housing market is roaring back; Dennis Robal, property manager with Chandler Properties, reports “Noe Valley apartments that were $2,000 a month a year ago are now going for $2,400”. These kinds of increases, driven by new renters from the tech sector, are prompting major increases in investments by financial institutions in new rental housing.


Regarding the condo market, the one group of potential condominium buyers that
have not suffered financially from the economic meltdown are the very people who
caused it, the Wall Street investors, derivatives specialists, hedge fund managers,
etc. who are now making record salaries and bonuses. These are some of the people
8 Washington will be marketing to because they have the cash to spend $2.5-$10
million on a second, third or fourth home in San Francisco.


NONE of this housing analysis appears in the DEIR yet including it in the DEIR is
critical to the ability of public officials to make informed, rational decisions on this
project, particularly claims by the developer that this project will “help meet
projected City housing needs”. The information and analysis described above is
necessary to allow city officials and all readers to determine accurately and
objectively what portion of San Francisco’s unmet affordable and middle income
housing needs, if any, 8 Washington would meet.


Each year, as the City assesses how well it is meeting its RHNA (state) housing goals, the one area that has consistently over produced is high-end market rate housing affordable to people making $250,000 to $1 million+ a year.
How does building second, third and fourth homes for this demographic “help the city meet its housing needs?”


The unmet housing needs in San Francisco are for people making from 30%-50% of median income all the way up to 100-120%, not people making $250,000 to $1,000,000+ a year (200-500% or more of area median income). The DEIR needs to discuss the following questions to be considered complete, adequate and accurate, questions such as:


How does this project relate to the objectives, policies and goals of San Francisco’s recently enacted 2009 Housing Element of the General Plan?


What portion of San Francisco’s affordable and middle-income housing needs will this proposed project actually meet?


How many other projects under construction, approved or in the pipeline (see June 24,
2011 SF Business Times chart) will meet the needs of San Franciscans who can afford market rate housing vs. those that meet the needs of  the 61% of SF residents needing below market housing?


What percentage of “residents” of these condos will be using this housing as their primary residence vs. as second, third and fourth vacation homes?


Given that numerous studies show transit use goes down as income goes up,
how likely is it that these new owners will use public transit?


Again, the answer to each of these questions provides critical information that public
officials need to assess for themselves whether the proposed condos will or will
not “help meet the projected City housing needs.” 


Everything that’s happened since the 2008 economic/housing meltdown has made our housing problems worse, something the DEIR doesn’t attempt to analyze, arguing instead that a 2007 NOP/Initial Study—competed a year before the housing bubble burst—absolves it of all such responsibility, an argument that is factually absurd.


D. The DEIR fails to acknowledge, measure or analyze the unique environmental impacts generated by owners who can pay $2.5 to $10 million for luxury condos.


Building housing for this demographic has measurable impacts on transit and energy use that were not included in the DEIR. We know from national studies that low-and middle- income residents are far greater consumers of public transit than people with higher incomes. Imagine how much different public transit use will be when this inverse relationship includes people who can afford $2.5-10 million condos that come with             1-for-1 parking (costing almost $100,000 a space to build).


But a far greater environmental impact than driving private cars was not addressed in this DEIR, an impact resulting from lifestyle differences one can anticipate with some members of this highest of high-end demographics: owning and/or using private jets.


It’s reasonable to assume that five of the 165 condo buyers at 8 Washington (just 3% of   all buyers) are Wall Street hedge fund managers, derivatives traders or venture capitalists using these condos as second, third or fourth homes. It’s also reasonable to assume that these five buyers will use their condos 1.5 times a month on average and commute to and from SF aboard private business jets, a perfectly rational assumption for Wall Street executives making tens of millions in salary and bonuses each year. Why would they fly private jets rather than take Southwest…because they can. The fact that a handful of  people that are this wealthy will buy units at 8 Washington must be factored into any environmental analysis of a project that will explicitly market to this high-end demographic. That analysis must include, among others, the following:


 
                           Table 4: The Jet Fuel Burn Rate for Luxury Condominiums
___________________________________________________________________________
Mid to large size business jets used to fly cross country (e.g. Hawker 800XP, Gulfstream G2/G3, Bombardier Global Express) average 400 gallons of jet fuel per hour and take six hours to fly New York to SF and five hours to fly back for an 11 hour round trip  :


     · 11 hours X 400 gallons per hour = 4,400 gallons of jet fuel per trip
          a typical family car burns 1,200 gallons of gas per year so one flight from
          NYC to SF equals almost four years of driving a typical family car.
               ————————————————————————————————————————————————————————————————————-
       
        ·  1.5 trips/mo. = 6,600 gallons/mo. X 12 mo. = 79,200 gallons of jet fuel/year


        ————————————————————————————————————————————————————————————————————-
Using our example of 5 residents, the numbers over one year and 20 years are:


        ·  5 X 79,200 gallons/per year = 396,000 GALLONS OF JET FUEL A YEAR or
         equivalent to driving a family car 330 years, A THIRD OF A MILENNIUM, per year.


        ·  396,000 gallons/year X 20 years = 7,920,000 GALLONS of jet fuel in 20 years
         equivalent to driving family car 6,600 years, OVER 6 MILLENIUM, in 20 years.



Given these condos cost $2+ million to build and will sell for $2.5 to $8 million or more,    it seems quite reasonable to assume a mere 3% of these buyers—just five (5) buyers out of 165 —will be part-time residents wealthy enough to commute to San Francisco by business jet. If this is a reasonable assumption , then the DEIR must include the mathematical calculations above to show the true energy costs of this project. In fact, it would also be reasonable to assume a few other buyers will use private business jets to commute from LA, San Diego, Denver, etc. The only way to prevent this, forbidding buyers to own or use corporate jets, is of course impossible.
This is just one example of how housing prices—and who lives in that housing—greatly changes environmental impacts and why this analysis must be included in the DEIR for    8 Washington. As condo prices reach $2.5-10 million, it’s reasonable to assume a number of buyers will use them as a second, third or fourth homes and that some of those buyers will travel here by jet, not car or public transit. On the other hand, if units at 8 Washington were affordable or market rate rental or affordable-by-design condos (80%-150% AMI), it’s very unlikely any of its residents would own or use business jets. Price does matter with regard to energy consumption and transit use.


Given these facts, the 8 Washington DEIR must analyze such questions as:


How many solar panels do you need to make up for 396,000 gallons of jet fuel per year?


How many low flow toilets make up for 396,000 gallons of jet fuel per year?


How many double pane windows make up for 396,000 gallons of jet fuel per year?


How many on-demand hot water heaters make up for 396,000 gallons of jet fuel per year?


Looking at the longer term impacts of this excessive consumption of energy resources:


How many solar panels compensate for 7,920,000  gallons of jet fuel over 20 years?


How many low flow toilets make up for 7,920,000 gallons of jet fuel over 20 years?


How many double pane windows make up for 7,920,000 gallons of jet fuel over 20 years?


How many on demand water heaters make up for 7,920,000 gallons of jet fuel over 20 years?


Having this information in the DEIR is necessary for the Planning Commissioners or Board of Supervisors to make informed decisions about 8 Washington, especially when the project sponsor keeps touting it as state-of-the-art, sustainable, LEED certified (at Gold or Platinum level), etc. When added to the project sponsor’s insistence on building a 420-car underground (below sea level) garage, one has to question how one can call this a model of sustainable development or let the DEIR include sustainability as a project objective.


Unless the DEIR seriously and objectively addresses questions of how the price of housing and who lives in that housing impacts environmental sustainability, we risk creating a backlash against things like LEED certification and terms like “sustainability”. They could easily become just another example of slick marketing and “greenwashing”. Everyone agrees that building 10,000 s.f. McMansions in the Sierra Foothills on 2-acre lots—even if they’re LEED certified at the highest level—is NOT sustainable development. Why is it any less absurd to use “green” and “sustainable” to describe $2.5-$10 million condos built as second and third homes for extremely wealthy part-time residents, some of whom commute from their primary residence by private jet?


The DEIR must provide public officials with the data and information they need to analyze all the significant impacts that units this expensive have on the environment. With this information, decision makers might choose to require a much smaller garage or no garage at all (insisting on more efficient use of nearby existing garages). They might also choose to support a much smaller project or no project at all, based on the lack of demonstrable need for this housing type and all the other negative impacts described above. But they cannot make any of these decisions in a rational and objective manner without all the facts, many of which are missing from this DEIR.


E. The DEIR confuses project “objectives” with city mandated requirements with regard to Inclusionary Housing, then fails to discuss any of the relevant issues around this city policy.


The project objective (Pg II.14) that talks about the project’s ability “to help meet
projected City housing needs” reads in full:


 “To develop a high-quality, sustainable and economically feasible
   high-density, primarily residential, project within the existing
   density designation for the site, in order to help meet projected
   City housing needs and satisfy the City’s inclusionary affordable
         housing requirement;” 


Satisfying the city’s inclusionary affordable housing requirement, for this or any market  rate housing development, IS NOT an Objective, and stating it as such is misleading. It is,  in fact, legally mandated by city ordinance. The developer doesn’t have a choice in the matter and it should be stricken from this Objective. However, this reference to inclusionary housing leads one to ask several questions that are never addressed in the DEIR but should be. An Inclusionary Housing section must be added that answers questions such as:


What are the specific requirements for including permanent below market rate (BMR) units in all market rate projects and how many would be required on-site for this one?


Did the developer ever consider building on-site BMR units and if not, why not?


If the developer did consider and reject on-site BMR units, why?


If the developer has decided to pay the in-lieu affordable housing fee, what would it be and how and where (e.g. within a 1-mile radius of the project) would it be spent?


Given that the in-lieu fee charged developers to buy out of providing BMR units on-site is based on construction costs and sales prices for “average” condos, how will the extraordinarily high construction costs and sales prices for these condos impact the in-lieu fee? If it doesn’t impact the fee, would an appropriate mitigation measure be amending the Inclusionary Housing policy so that it does?


Mentioning the inclusionary requirement as part of an objective stating that the project seeks to “help meet projected City housing needs” is misleading and inaccurate. It tries to infer that the funding for 30 affordable units provided by the developer’s inclusionary requirement is helping to meet this objective when, in fact, relying on inclusionary payments to advance the city’s affordable housing goals will only drive the city further   out of compliance with its state mandated RHNA goals. The following example clearly demonstrates the validity of this claim:


TNDC’s proposed affordable family apartment project at Eddy and Taylor Streets is typical of the projects now stalled in the city’s affordable housing pipeline due to the lack of affordable housing funding from traditional sources. But the Eddy and Taylor project is a 150 unit development, not 30 units. For it to go forward, you would need the inclusionary housing funds from FIVE market rate projects like 8 Washington. What would that do to San Francisco’s RHNA goals:


         If:  165 market rate units are needed to fund 30 affordable units,
  Then:   825 market units (5X) are needed to fund 150 affordable units (975 total units).
      
         If:  out of a every 975 new housing units, 825 are market rate & 150 are affordable,
   Then:  for each new 975 units built in SF: 85% are market rate, 15% affordable.


But the 2009 Housing Element of San Francisco’s General Plan (based on the state RHNA goals) calls for 39% OF NEW HOUSING TO BE MARKET RATE (NOT 85%). Relying on Inclusionary Housing off-site payments to fund affordable housing clearly runs counter to the housing production goals set forth in the 2009 Housing Element in the General Plan as well as the RHNA goals for San Francisco established by the state of California. Furthermore, as SB375 Sustainable Development funding criteria begins influencing state funding decisions, by driving our RHNA numbers toward 85% market rate, projects like 8 Washington could jeopardize San Francisco’s ability to apply for and receive state and federal infrastructure and transit funding.


The only way to bring San Francisco’s housing production numbers back into line with the goals in the Housing Element (and RHNA numbers) is to create a new local permanent and dedicated source of funding for affordable housing. These relevant facts regarding the impacts of inclusionary housing must be included in the DEIR.



III. THE DEIR IGNORES THE GENTRIFICATION/DISPLACEMENT IMPACTS OF THIS PROJECT THAT WILL RESULT IN THE LOSS OF HUNDREDS OF RENT CONTROLLED UNITS IN THE GOLDEN GATEWAY BY ENCOURAGING THE FURTHER HOTELIZATION OF ITS 1,200 RENTAL APARTMENTS


The other ‘partner’ in this project is Timothy Foo, who bought Golden Gateway from Perini Corp. about 20 years ago. Only 20% of the 8 Washington site is on Port land, while 80% of the site is on land owned by Mr. Foo and currently occupied by Golden Gateway’s community recreation center. However, Mr. Foo’s only mention in the DEIR is in a footnote to the first sentence of the Introduction which states: “On January 3, 2007, an environmental evaluation application (EE application) was filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of the Golden Gateway Center*”. That footnote says “*Golden Gateway Center, Authorization Letter from Timothy Foo, December 27, 2006”).


In addition to violating the original Golden Gateway development agreement that required Perini (and future owners) to preserve the recreation center in exchange for deep discounts in land prices charged by Redevelopment, for some time now Mr. Foo has also been converting rent controlled apartments in the Golden Gateway to short term rental use (e.g. on one floor of a high-rise tower, a third of the units are rented this way). These conversions have been documented by the Golden Gateway Tenants Association, the Affordable Housing Alliance and the San Francisco Tenants Union. While such conversions are not unique to the Golden Gateway Center (see attached Bay Citizen article), they are illegal and violate city zoning, rent control and apartment conversion ordinances.


The DEIR must address this issue by posing the following questions to Mr. Foo and incorporating his answers into the DEIR. He must provide this information because as the owner of 80% of the underlying land that comprises the 8 Washington site, he has had and continues to have a direct financial stake in this project. He must be asked the following questions:


How many of Golden Gateway’s 1,200 rental apartments are currently being used as hotel rooms and/or short-term rentals and/or rented to persons other than those using them as primary residences or directly related to the person residing there (e.g. corporations, business organizations, apartment brokers).


Has Mr. Foo consulted with either the Rent Board or the Planning Department as to the legality of his use of apartments in Golden Gateway as hotel rooms or short-term rentals under applicable city zoning codes, the San Francisco Rent Control ordinance or the city’s Apartment Conversion Ordinance?


Upon receiving and analyzing this information from Mr. Foo, the DEIR must then answer the following questions:


Is the ‘hotelization’ of Golden Gateway and other large apartment complexes likely to increase with the approval of 8 Washington, a development that:


a) builds 165 high-end luxury condos ($2.5 – $10 million each)
 on Mr. Foo’s property—creating a much more upscale
environment adjacent to his Golden Gateway apartments;


b) provides Mr. Foo with $10-15 million (what he’s likely to
be paid for his 80% of the site) that can be used to upgrade
his rent controlled apartments at Golden Gateway in order                             to attract even more higher paying hotel users; and


c) if no mention of these conversions is made in the DEIR, after                     these written comments have been submitted, will send a clear
message to Mr. Foo and others that the City has no intention of
enforcing its own zoning, rent control and apartment conversion
ordinances, thereby encouraging even more conversions.


If conversions like those at Golden Gateway are not stopped soon, the city is at risk of losing thousands of residential apartments in its downtown neighborhoods.


What kind of mitigations would prevent the further hotelization of the Golden Gateway’s 1,200 rent controlled apartments?


With larger apartment complexes such as Golden Gateway, Parkmerced and Fox Plaza, owners get around the current prohibition on renting residential apartments for less than 30 days as hotel rooms (an action that is legally prohibited by the San Francisco Apartment Conversion Ordinance) by leasing them for more than 30 days to third parties (e.g. corporations, apartment brokers). These intermediaries then rent the apartments for anywhere from a day or two to a few weeks to a month or two.


A simple amendment to the Apartment Conversion Ordinance that changes “you cannot rent an apartment for less than 30 days” to “you cannot rent or occupy an apartment for less than 30 days” would prevent Golden Gateway and others from renting apartments for anywhere from a few days to up to four weeks. Preventing 30-60 day rentals would be a more complicated matter.


The DEIR must address how constructing 8 Washington could encourage, help fund and accelerate Mr. Foo’s conversion of the 1,200 units at Golden Gateway from rent controlled apartments to hotel use as well as the impacts this would have on the city’s housing goals as set forth in the San Francisco’s 2009 Housing Element and its RHNA goals. For instance, if we’re converting housing to non-housing (hotel) uses as fast or faster than we are creating new housing units, we will never dig ourselves out of our current housing crisis and that outcome would have catastrophic impacts on the environmental and economic sustainability of San Francisco as a city.


The DEIR must also describe, in detail, the kind of mitigations (see above) that, if enacted, could mitigate the potential impact of losing more that 165 rent controlled apartments at the Golden Gateway, erasing the gain, on paper, of 165 luxury condos.



IV. FREQUENT USE OF THE WORD “PRIVATE” AS A MODIFIER OF THE GOLDEN GATEWAY RECREATION FACILITIES THROUGHOUT THE DEIR  IS BOTH MISLEADING AND INNACCURATE IN LIGHT OF THE RECENT PRIVITIZATION AND FEE STRUCTURES IMPOSED ON THE CITY’S “PUBLIC’ RECREATION FACILITIES AND SWIMMING POOLS.


The current fee structure for public recreation facilities in San Francisco results in situations where the cost of attending ‘public’ pools can often exceed fees charged by    the “private” Golden Gate Tennis & Swim Center (GGTSC).


The use of the term “private” in this context throughout the DEIR appears to be an attempt to justify the loss of GGTSC facilities for the 3-4 years that it would be shut down if the “preferred project” were approved (see section I.A for actual construction schedule) as well as the permanent loss of five of nine tennis courts, the basketball court and the current, family-friendly ground level swimming pools, Jacuzzi and open space.


In the past, the city’s public recreation facilities, including its swimming pools, were  “public” in every sense of the word—open long-hours, open 6-7 days a week and “free” to residents. In recent years, however, the San Francisco Recreation & Parks Department has increased resident user fees, reduced hours and increased the privatization of its facilities in response to ongoing budget deficits. Today, both the ‘private’ Golden Gateway facility and ‘public’ pools are open to anyone, anyone who is willing to pay   the fees that they charge. Neither is free.


A. The DEIR fails to discuss the privatization of the City’s  recreation centers: According to a 7/9/11 SF Chronicle article, the city is now leasing 23 of its 47 recreation centers to outside interests (e.g. nursery schools, private classes) with the city staffing only a dozen (12) of the 47 former “public” recreation centers. Seven (7) of the remaining recreation centers are under renovation and five (5) are vacant, unavailable for any kind of use “because no one has leased them and there is no money for city workers to run them”. Out of a total of 47 city recreation centers, only 12 are staffed by city workers who run programs for residents, many of them for a fee, during reduced days and hours.


The City also runs nine “public” swimming pools in neighborhoods such as North Beach, the Mission, Bayview, Visitacion Valley, etc. These pools used to be open five or six days a week and were free for residents. Today, residents pay $5 for each swim and $7 for adult swim lessons/water exercise. Children under 17 pay $1 per swim and $2 for swim lessons/water exercise ($3 for a swim & a class together).


Active Recreation Facilities: Public vs. Private… is there a difference anymore?


Each time a family of two adults goes to a city pool it costs $10 per visit to swim and up to $14 per visit if they participate in swim lessons or water exercise. If that family went three times a week, it would cost them $120-$168 per month depending upon how many times they took a swim vs. participated in swim lessons/water exercise. That comes to at least $1,440 dollars per year. Additional swim lessons/water exercise classes drive costs of using a “public” pool even higher.


Now imagine a family of two adults living at the Golden Gateway who currently       swim every day at the Golden Gate Tennis and Swim Center. At the city’s North Beach (public) pool, it would cost them $200 a month ($10/swim X 20 days) to swim Tuesday through Saturday (the pool is closed Sunday/Monday) and their schedules would have to match specific windows each day when the pool is available for adult lap swimming. Compare that to the two pools at the Golden Gateway Tennis and Swim Center—one just for swimming laps; one for kids, families and seniors that are open seven days a week for longer hours.


B. Comparative Costs. Because our hypothetical couple live at the Golden Gateway Apartments they automatically receive a discounted membership of about $170  per month ($85 each) to use the two pools, full gym across the street and have the ability to reserve tennis courts at $20 per use. Since the Golden Gateway was built (1960’s), residents have always received discounted membership at this facility, one of two community benefits Redevelopment required, along with Sidney Walton Square, in exchange for entitlements to build both the Golden Gateway (1,150 rental units) and the adjacent Gateway Commons (condominiums). Redevelopment felt both amenities were needed to meet the open space and active recreation needs of what was to become one of the densest residential communities in San Francisco and discounted the land for the GGTSC and Gateway Commons in exchange for the owner maintaining an active recreation facility at the GGTSC in perpetuity.


Even for those who don’t get the Golden Gateway resident discount, memberships to the Tennis and Swim Center that don’t include automatic access to the tennis courts cost about $220 a month to swim 30 days a month, the same price two adults would pay to swim only 20 days a month at the North Beach pool, a facility with no gym and only   one pool and therefore greater restrictions on when they could swim laps. It should also be noted that over 300 “guests” are admitted free to the Golden Gateway recreation facility each month, a total of 3,000 to 4,000 guests each year. We are not familiar with   a similar policy for free guests at the North Beach pool (or any other city pools).


Clearly, the recent privatization and escalating fee structures at the city’s “public” recreation centers/swimming pools have erased any real distinctions between public facilities and private facilities as viewed by local families and residents. But one of          8 Washington’s main justifications for closing the Golden Gateway Tennis and Swim Center for 3-4 years during construction—and downsizing the replacement facility—
is that it is a “private” club maintained for the selfish interests of the few.


Putting aside the fact that 8 Washington’s condos will cost $2 million each to build  and will sell for $2.5 to $5 million each and up (for upper floors), making them unaffordable to 97% of all San Franciscans (talk about catering to “the few”), the issue of who uses the current recreation facilities on this site is an important one that the DEIR must address. The similarities outlined above between today’s Golden Gateway recreation facilities and the City’s current “public” recreation centers/swimming pools contradicts the impression created by the DEIR in its current form with so many derogatory references to GGTSC as a ‘private’ club.


It is imperative that public officials have the information outlined above regarding the current costs of “public” recreation in front of them so they can decide for themselves what distinctions, if any, exist in today’s world between this ‘private’ club and so called “public” alternatives. This information is precisely what an EIR is suppose to provide to officials charged with making these kinds of decisions.


For these reasons, we must insist that you provide—in the Comments and Responses document—a clear, complete explanation of this issue, with a chart (see attached for potential template) that compares the facilities, hours, programs and costs to San Francisco residents of the city’s nine (9) “public” swimming pools with the current Golden Gateway recreation facility fee structure. Without such an analysis critical information will be lacking, information that Planning Commissioners, Park and Recreation Commissioners, Port Commissioners and the Board of Supervisors will clearly need as they assess the validity of the developer’s claims about who is served by the current facilities (and what environmental impacts they have) versus those who’ll be served by the proposed project (and its environmental impacts).


Without this information, it will be difficult for these public bodies to make informed decisions as to whether to grant or not grant the conditional use authorizations, upzonings and dozens of separate approvals and permits needed for this complicated and controversial project to proceed.


V. THE DEIR FAILS TO ADDRESS OR ANALYZE ANY OF THE MAJOR ECONOMIC ISSUES RELATED TO THIS PROJECT, ISSUES THAT HAVE SIGNIFICANT ENVIRONMENTAL AND FINANCIAL IMPACTS ON THE NEIGHBORHOOD AND THE CITY.


Several of the project sponsor’s and the Port’s objectives for this project speak to the “economic” benefits of the project for the developers, the Port and the City. The DEIR and other Port documents talk about the need to develop SWL 351 in order to generate revenue for badly needed Port infrastructure work. But the Port’s financial term sheet for this project is unrealistic, misleading and relies on depriving the city of $32 million in general fund dollars as part of a proposed Infrastructure Financing District.


This section addresses the DEIR’s lack of analysis or scrutiny regarding the ‘alleged’ financial benefits of the project as described in the Port’s Term Sheet for Seawall Lot 351 with San Francisco Waterfront Partners (“Term Sheet”) and how that Term Sheet, if executed, would have very real environmental impacts with regard to transit, open space, recreation, housing and population.  An examination of the Term Sheet demonstrates that the stream of income on which the term sheet’s finances rely cannot be achieved.  An objective analysis of “payments” described in this Term Sheet leads one to a much more pessimistic set of income projections than those presented in the September 23, 2010 Director’s Recommendation to the Port Commission. That report describes three payment sources as follows:


(1)  a land lease with annual payments of $120,000 per year;
(2)  future payments triggered by resale of condos created by the Project;
(3)  a to-be-established Infrastructure Financing District (IFD) that allows
              a portion of growth in property taxes to be reinvested in public facilities;  
 
That third source of funding is particularly troubling since it requires a sizeable appropriation of City General Fund revenues ($32 million) by the Port for its own purposes. We will now examine each of these proposed “payment” schemes to determine how realistic they are as well as the potential environmental and economic consequences they create for San Francisco’s residents and taxpayers:
1.  Lease Payments. It is easy to refute the likelihood of the $120,000/year lease payment for parcels to be used as open space with related facilities.  The second paragraph of Director’s Recommendation (page 5) states: “If engineering and cost analyses deem additional funding is needed to finance agreed upon public improve- ments, the Port agrees to designate some or all of the $120,000 per year park rent to augment financing of these public improvements.”  If the developer produces “engineering and cost analyses” showing “additional funding is needed to finance agreed upon public improvements,” the Port will “designate some or all of the $120,000/year in park rent to finance public improvements,” improvements that the developer is responsible for.  Suddenly this $120,000 of alleged “rent” could become no rent. Is that likely to happen? You be the judge:



A Little Recent History


The developer of 8 Washington is San Francisco Waterfront Partners, a partnership between Pacific Waterfront Partners and CALSTRS, the same partnership that  developed Piers 1½, 3 and 5 across the street. According to the Port’s rent rolls, San Francisco Waterfront Partners makes rent payments for Piers 1½, 3  and 5 of  $41,666.67 per month or $500,000 annually. But 90% of this is wiped out by a rent credit of a $450,000 annual rent credit ($37,500.00 per month). This means that the actual rent for Piers 1½, 3 and 5 paid by San Francisco Waterfront Partners isn’t $500,000/year, but $50,000/year or 1/10 of the original rent. Knowing this, it seems highly likely that the Port will grant a similar rent credit to 8 Washington, a credit that it has already offered in the Term Sheet approved last year.



The DEIR needs to discuss this and ask the following questions to help establish for public officials whether or not 8 Washington has the possibility of generating resources to fix up the Port’s historic infrastructure.


Was the $450,000 rent rebate given Piers 1½, 3 and 5 given for “public improvements” in the same way the 8 Washington Term Sheet proposes to give      8 Washington an up-to-$120,000/year (100%) rebate for “public improvements?


How much of this $120,000/year lease payment to the Port is guaranteed?


Based on recent history with this developer (see above box), it would appear that claiming a $120,000 per year lease payment is, at best, a gross overestimate.


2.  Future payments triggered by resale of condos (aka increased transfer tax). The second source of payments (around $25 MILLION over life of the lease) involves the developer recording covenants “committing all owners to transfer payments to the Port of ½ percent of sale value for all sales of the residential condominiums and all re-sales of commercial condominiums” (from Director’s Report, Page 4), in other words, a ‘voluntary’ increase in the transfer tax.  


This idea of obligating future owners to a special transfer “fee” was already tried, unsuccessfully, several years ago by then Mayor Gavin Newsom’s office as a way to provide ‘stimulus’ for large condo developers with approved projects who were trying to get financing. In exchange for agreeing to binding future condo owners to ‘voluntarily’ pay a 1% increase in the real estate transfer tax (but not calling it a “tax”), the Mayor’s Office proposed relieving the developers of 1/3 of their affordable housing requirement. That idea failed to get off the ground for both legal and political reasons. Regarding this proposal:


How does the Port plan to argue this increase in the real estate transfer TAX is not really a tax and do so in a way that convinces the Pacific Legal Foundation, Howard Jarvis Taxpayers Association and SF Board of Realtors not to sue?
Mayor Newsom’s failed proposal did trigger an multi-stakeholder discussion of a broader, legally defensible strategy, going to the voters for a permanent, across the board increase in the transfer tax on ALL real estate transactions (above the median home price) generating tens of millions of dollars a year for affordable housing. A portion of this new money would fund traditional affordable housing built by non- profit housing development corporations, but a portion would also be available to for-profit housing developers to buy down their affordable housing obligations. All sides agreed to this compromise and to place it on the November 2010 ballot, because it HAD to go to the voters, just as the ½% transfer tax increase proposed     in this Term Sheet would need voter approval.


NOTE: The reason that this proposal was not on the ballot that November, as reported in the New York Times, was because Mayor Newsom refused to support it or ANY tax increase, no matter how much support it had, for fear of giving his Republican opponent in the Lt. Governor’s race an issue to use against him in the 2010 election.


If the best legal and political minds in the city couldn’t figure out a way to “voluntarily” increase the real estate transfer tax without going to the voters then, how does the Port propose to do the same thing for 8 Washington now?


3.  New IFD Funding Mechanism. The third weak link in this financing plan is the as yet “to-be-established Infrastructure Financing District (IFD) that will allow a portion of growth in property taxes to be reinvested in public facilities.”  Port Director’s Recommendation, page 2.   While the concept is an interesting one, it is in its infancy in San Francisco. The Board of Supervisors is in the process of setting up a pilot IFD with seven or eight property owners on Rincon Hill to test this model.


To date, citywide discussions about the use of tax increment financing tools, such as the IFD, have linked their use to funding a larger set of neighborhood infrastructure needs and public benefits previously identified through adopted Area Plans such as Eastern Neighborhoods, Market Octavia and Rincon Hill and not for the specific needs of individual projects or developers (e.g. 8 Washington).


Looking ahead, it isn’t hard to imagine the kind of criteria the Board of Supervisors might adopt to determine what developments could avail themselves of IFDs. Those with significant legal, political and financial challenges, such as 8 Washington, would not score well.  Nor would projects that dramatically reduce and eliminate active recreation facilities serving middle-income families and seniors for over 45 years.  Finally, projects that undo decades old community benefits agreements, provided as part of a Redevelopment plan (e.g. Golden Gateway’s permanent active recreation center), probably wouldn’t pass muster .


Assuming the city eventually creates IFDs in certain circumstances, how does the Port make the case for THIS project, given the growing political and legal opposition to it, the long standing community resource that it destroys and the fact that the Board of Supervisors won’t give up $32 million for it (see below).


 4. Diversion of property taxes from the General Fund to the Port. The majority of the 8 Washington/SWL 351 site is NOT Port property, but under the jurisdiction of the City and County of San Francisco. Exhibit A of the Term Sheet shows the boundary of the 0.64 acre under Port control (SWL 351) and the 2.51 acres portion currently privately owned by Golden Gateway on AB168, 171, 291 (80% of the site). SWL 351 (the Port land) is only 20% of the total development site.


While these blocks were under the jurisdiction of the Redevelopment Agency, the property tax increment was diverted from the City’s General Fund to that Agency.  Following termination of the Redevelopment project area several years ago, however, ALL property tax revenue from this land flows to the General Fund.  The Port now proposes to divert the property tax increment from the portion of this site NOT UNDER PORT JURISDICTION away from the General Fund and to the Port.


The Port Director’s Term Sheet Recommendation on page 6 proposes “a new Port IFD” covering both SWL 351 and the Golden Gate Tennis and Swim Club (WHICH IS NOW ENTIRELY UNDER THE CITY’S JURISDICTION AND TAXING AUTHORITY).  Under the “new Port IFD” all the property tax increment from development on non-Port property would be diverted FROM the General Fund TO the Port.  Toward the end of the Term Sheet recommendation the Port Director does state that the Board of Supervisors would have to agree to this arrangement, which prompts several questions that should have been asked and answered in the DEIR:


Who from the city, not the Port, agreed to including these IFD financial terms in the Term Sheet?


Which members of the Board of Supervisors were consulted regarding this planned appropriation of property tax revenue from the city’s general fund?


What would lead the Port to think ANY current or future Board of Supervisors would  ‘voluntarily’ turn over $32 million in General Fund dollars to the Port, providing a $32 MILLION CITY SUBSIDY FOR LUXURY CONDOS when the Board is struggling with massive budget deficits, layoffs and cuts to vital city programs?


The DEIR must address whether or not this project is financially viable because if it is not, then the public facilities and infrastructure the project has promised to provide cannot be built. The DEIR must also assess the likelihood of the Board of Supervisors turning over $32 million in General Fund monies as a subsidy to the Port for this and other Port projects and analyze what environmental impacts this loss of $32 million to the city would create over time: what parks wouldn’t be maintained, which parks and recreation centers closed, what transit lines discontinued or run less frequently, etc.; actions that would not have been necessary had the city kept that $32 million. Specifically, the DEIR must answer the following questions:


Can 8 Washington’s public facilities (e. g. Jackson Commons, other open space) ever  be built with IFD funding, given that:


a) the IFD is predicated on the Port capturing 100% of the tax increment generated by 8 Washington even though the Port only owns 20% of the site, and


b) according to recent testimony before the Planning Commission by Michael Yarne (OEWD), under state law IFD’s are prohibited on land that “is currently,  or was previously part of a redevelopment area”?
 
Under what circumstances does the Port anticipate that the current (or a future) 
Board of Supervisors would voluntarily give up its 80% of this tax increment
($32 million out of $40 projected by the Port) to fund public improvements for   
LUXURY CONDOS at 8 Washington or other Port projects?


Has the Port had any discussions with the Board of Supervisors regarding this?


If so, what was the Board’s reaction?
    
Has the Port or project sponsor had state legislation passed (or introduced) that
provides the necessary waivers from the current state prohibition against
setting up IFD’s in former redevelopment areas?


Again, this is information that public officials must have to make informed, objective
decisions about the impacts of this project.


 


 


 


VI. THE DEIR FAILS TO DISCLOSE THAT 8 WASHINGTON IS THE FOURTH ATTEMPT TO CONVERT THE GOLDEN GATEWAY TENNIS & SWIM CLUB FROM CITY MANDATED ACTIVE RECREATION USE TO CONDOMINIUMS. IT PRESENTS VERY BRIEF AND MISLEADING INFORMATION REGARDING THE HISTORIC RECORD SUPPORTING THE REQUIREMENT TO PRESERVE THE CURRENT ACTIVE RECREATION FACILITIES ON SITE IN PERPETUITY.


The DEIR addresses this issue very briefly in a footnote on page II.3 that states:


2 The original development agreement governing the Golden Gateway Center Lots required the developer to provide non-profit community facilities as part of the overall development with the Golden Gateway Center. In Section 4 (a) of the Agreement for Disposition of Land for Private Development (“Agreement”) between Perini-San Francisco Associates (the “Developer’) and the Redevelopment Agency, dated August 27, 1962, the Developer agreed to maintain “community facilities of  a permanent nature… designed primarily for use on a nonprofit basis” (page 25 of the Agreement). Subsequent to the Agreement, the Agency and Golden Gateway Center (the successor to the Developer) entered into a Second Supplement and Amendment to the Agreement (“Second Supplement”) on March 14, 1976. Section 1(d) of the Second Supplement deleted Section 4(a) of the agreement (page 12 of Second Supplement) and thereby removed the requirement to maintain community facilities on the property in exchange for the dedication of Sydney Walton Park for perpetual use as a public park.


This interpretation of those documents contradicts evidence previously by individuals with intimate, first hand knowledge of those Golden Gateway redevelopment agreements. Those comments are attached as:


Exhibit A: A May 9, 1984 letter from then Mayor Dianne Feinstein that begins:“As a supervisor and as mayor, I have a long history with the redevelopment plan and agree with those who maintain that this site has always been considered set aside for recreation and open space.”


Exhibit B: An August 8, 1990 letter from Robert Rumsey to then redevelopment director Ed Helfeld that states:


  “I happened to be Deputy Director of Redevelopment in the late 1950’s and early  
    1960’s when the Golden Gateway redevelopment plan was adopted by the city and
    when Perini Corp. was subsequently selected as the developer of the Golden Gateway
    over eight other competitors… I feel it is important to place on the record the view of  
    the staff and commissioners of the agency at the time of selection: The provision of that
    open space and recreational space was a significant factor in the selection of the
    Perini proposal. And clearly, the space was presumed to be kept that way in
    perpetuity” (underlining Mr. Rumsey’s).


 


Exhibit C: A January 24, 2003 letter from Senator Dianne Feinstein reiterating that: 
  
   “I have a long history with the redevelopment area at Washington and Drumm Streets     
    and concur with those who believe this space was intended for recreation and open
    space. Please oppose further development of the Golden Gateway Tennis & Swim Club.”


These letters came in reaction to THREE previous unsuccessful attempts to develop the Golden Gateway Recreation Center as condominiums. Those attempts included:


1. Perini Corp. (early 80’s). The original developer of the Golden Gateway project proposed replacing the Golden Gate Tennis & Swim Club (GGT&SC) with a 9-story condominium project, in violation of its original approvals for the larger project that called for the GGTSC to serve as one of two major community benefits (along with Sidney Walton Sq.) in perpetuity. NOTE: This took place after the Second Supplement and Amendment to the Agreement referenced in Footnote 2 (above) was executed. Clearly, then Mayor Feinstein, had a very different interpretation of the Second Supplement than that of the author of Footnote 2 when she says in her letter that  “I agree with those who maintain that this site has always been considered set aside for recreation and open space.”


2. Perini Corp. (early 90’s). Again the owners of the Golden Gateway proposed replacing the project’s active recreation center with a condo project. This time, a letter from former Redevelopment Director Robert Rumsey date 8/8/90 provides extensive evidence that the interpretation of events contained in Footnote 2 is neither complete nor accurate. His detailed first hand description of that transaction which took place in the 1970’s is quite instructive. In addition to his comment that:


     “I feel it is important to place on the record the view of the staff and commissioners  
      of the agency at the time of selection: The provision of that open space and
      recreational space was a significant factor in the selection of the Perini proposal.
      And clearly, the space was presumed to be kept that way in perpetuity”


his letter states that “if it is now proposed that there is a loophole permitting that space to be invaded by condominiums, I would consider that to be most unfortunate for the city” and describes the land use negotiations that allowed Perini to substitute 155 low-rise condos for the four remaining high-rise rental towers that were suppose to be built as Phase III of the redevelopment plan. According to Rumsey, the agency finally, “albeit reluctantly” agreed to let Perini make this change “because some seven years had elapsed since completion of Phase II and there was otherwise no prospect for building on those long-barren blocks”.


Rumsey then states that the Agency’s October 28, 1975 minutes show the debate over what the Agency should charge Perini for the land that made up Phase III (now Gateway Commons condominiums) focused on “whether it should be $8.45 a square foot, the price established 15 years earlier, or a more realistic 1975 price of $15-$20 a square foot”. He then states:


      “My new successor, Arthur F. Evans, said he might agree with the higher number if
      the land was offered without restrictions, such as requirements of open space. And
      he added: Amenities such as Sidney Walton Square and the Golden Gateway tennis
      courts were on land that was not income producing, and since no one could build
      highrise buildings on this area, its value could be considered zero.”


As a result of this discussion, according to Rumsey, “Evans and the commission agreed to hold the land sales price to the original $8.45 a square foot, as the agency continued to view the open and recreation space to be in perpetuity.”


Based on Rumsey’s letter and substantial community opposition, this second attempt to replace the GGT&SC was defeated.


3. John Hamilton, developer (2003-04). In the mid-90’s Perini sold Golden Gateway to Timothy Foo and a group of investors. In 2003, developer John Hamilton proposed another condo tower on the site. Senator Feinstein’s January 24, 2003 letter was responding to that proposal. After reiterating her conclusion that “this space was intended for recreation and open space”,  she goes on to say, “increasing the height of the Club would drastically change the picturesque panorama of the Bay and would create shadow effects on the newly constructed Embarcadero. Further, development of more residential units would increase traffic noise and pollution, and disregard the original understanding between City officials and area residents that open space and recreational amenities should be preserved.”


4. Current 8 Washington Street/SWL 351 proposal is the 4th Attempt (2006-present) to develop condos on this site and demolish the Golden Gateway’s active recreation center, a facility that’s successfully fulfilled its intended purpose for almost 50 years.


In his written comments on 8 Washington’s DEIR dated August 11, 2010, Mr. Edward Helfeld, Director of the Redevelopment during the second attempt to demolish the Golden Gateway Tennis and Swim Club speaks to the original purpose of the facility, how it has successfully served San Francisco’s recreation needs for over four decades and how relatively inexpensive it is compared to other tennis facilities in the city. He also writes that “As Executive Director (1987-1994) I was in total support of retaining Golden Gateway Tennis and Swim Club”.


Any public official or member of the general public reading the current DEIR would have no knowledge of these three previous attempts to build on this site, their outcome and the role former city officials have played in confirming that the Golden Gateway active recreation center was meant to be preserved as an active recreation center in perpetuity. The Comments and Responses to the 8 Washington Street/SWL 351 DEIR must include this historic information in order to be considered accurate, complete and objective.


 


 



VII. ADDITIONAL COMMENTS ON THE 8 WASHINGTON DEIR


A.  The DEIR’s Introduction presents confusing and conflicting information regarding how, when and by whom environmental review for this project was initiated. The first two paragraphs of the DEIR’s Introduction (pg. Intro.1) raise some troubling questions about how environmental review for 8 Washington was carried out that need to be addressed more completely and forthrightly. The timeline for environmental review is described as follows (quoting from the DEIR):


1. “On January 3, 2007, an environmental evaluation application (EE application) was filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of the Golden Gateway Center for a project at 8 Washington Street and the adjacent Seawall Lot 351, which is owned by the Port….(the Port is not a co-sponsor of the proposed project, but has authorized San Francisco Waterfront Partners II to submit an EE application that includes Seawall Lot 351).”


2. “On August 15, 2008, the Port issued a Request for Proposals (RFP) for the development of Seawall Lot 351. Two parties submitted timely proposals: SF Waterfront Partners II and a development group led by Dhaval Panchal (which later withdrew its proposal).”


3. “On November 10, 2008, the Port reissued the RFP for this project.”


4. “On February 24, 2009, the Port Commission authorized Port staff to enter into an exclusive negotiating agreement with SF Waterfront Partners II, finding that the proposal submitted by SF Waterfront Partners II meets the requirements of the RFP and meets the Port’s objectives for Seawall Lot 351.”


It appears from this timeline that the ‘project sponsor’, SF Waterfront Partners, was selected to carry out the 8 Washington project on January 3, 2007 when they were “authorized” (by the Port) to submit an Environmental Evaluation (EE) application officially beginning environmental review. However, there’s no explanation in the DEIR as to why, 18 months later (August 2008), the Port decided to issue an official RFP to select a developer for Seawall Lot 351.


This makes no sense given that Seawall Lot 351 was included in the January 3rd EE application submitted by SF Waterfront Partners (if not as designated developer, then in what capacity?). Then three months later (November 2008), we’re told the Port reissued the RFP with no explanation as to why. Finally, on Feb. 24, 2009, twenty five months after SF Waterfront Partners filed the EE application and began the environmental review process, the Port Commission authorizes staff to enter into an exclusive negotiating agreement with SF Waterfront Partners (SFWP) to develop  SWL 351. This raises troubling questions that need to be addressed in the DEIR to give public officials (and the general public) a clearer sense of the appropriateness, completeness and legality of the current environmental review process.


The DEIR must explain:


1. Is this how environmental review is normally sequenced? Is it routine for a developer that has not yet been selected by the Port to undertake a specific project, let alone negotiated an Exclusive Negotiating Agreement (ENA) with the Port for said project, to submit an EE application to Planning for this project that they haven’t yet been selected to develop and then for the Port, eighteen months later, to issue the first RFP to select a developer for the project and have a developer other than the one who submitted the EE respond to the RFP—then drop out (with     no explanation why in the DEIR), then have the RFP reissued six months later and then finally,
25 months after the current developer of 8 Washington submitted the EE, the Port finally selects said developer (SFWP) as the official developer of 8 Washington and begins negotiating an ENA? Is this NORMAL procedure?


2. How could the Port authorize SFWP’s EE application without a written agreement designating SFWP as the approved developer of SWL351? Is this standard procedure in these matters?


3. If this EE process was, in fact, legal prior to August 2008, why did the Port reverse course on August 15, 2008 and issue an RFP for SWL 351 (a site already included in the EE application filed 18 months earlier)? Doesn’t the initial applicant in the EE process have to be either the property owner or his designated developer and be able to demonstrate site control? How would that have been possible back in January 3, 2007 for SWL 351?


4. What role did SFWP play in drafting the RFP (and Port’s objectives for SWL351)?



5. What reasons did the second respondent to RFP give for “withdrawing his proposal?”



6. Why was the RFP reissued on November 10, 2008?



7. When on January 3, 2007, the Planning Department accepted an environmental evaluation application (EE) “filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of Golden Gateway Center for a project at 8 Washington Street and the adjacent Seawall Lot 351”, was Planning aware that San Francisco Waterfront Partners had not been and could not be legally designated as “project sponsor” for SWL 351 at that time?


8. Why didn’t the fact that SFWP had no legal basis to claim that it was the “project sponsor” for SWL 351 invalidate the EE application? The DEIR states that the Port “authorized San Francisco Waterfront Partners II to submit an EE application that includes Seawall Lot 351” but wouldn’t that imply SFWP would eventually be selected as the developer and discourage other developers from submitting responses to the Port’s August 15, 2008 RFP given that SFWP had been working with Planning staff on the environmental evaluation for 18 months already?


9. Is what happened in January 2007 legal? If not, when did the Planning Department become aware of this problem and what did it do about it?


10. Having now publicly described this chronology in the DEIR, what legal impact does this have today on the environmental and project review process?


11. Would any other developer be allowed to begin the environmental review process on a project for which they had neither been designated developer nor had site control?



These questions MUST be answered in the DEIR given the bizarre and confusing chronology that now appears in it regarding how environmental review was initiated for this project.


 


B. In other Port documents related to 8 Washington, San Francisco Waterfront Partners II is described as a partnership between Pacific Waterfront Partners (PWP) and California State Teachers Retirement System (CalSTRS). However, the involvement of CalSTRS in this project appears nowhere in the DEIR. Given that CalSTRS has already spent over $23 million dollars in predevelopment funds for 8 Washington, the DEIR must contain some mention of CalSTRS as a member of this partnership and the fact that the same partnership (PWP and CalSTRS) developed Piers 1½, 3 and 5 across The Embarcadero from this site.


Finally, the first sentence of the Introduction to the DEIR refers to the fact that “on January 3, 2007 an environmental evaluation application (EE) was filed by SF Waterfront Partners on behalf of the Golden Gateway Center   for a project at 8 Washington”. That footnote references “Golden Gateway Center, Authorization Letter from Timothy Foo dated Dec. 27, 2006.”


For this DEIR to be complete and accurate it must address several key questions including:


1. Who is developing this project? Pacific Waterfront Partners?  CalSTRS? Golden Gateway Center (Timothy Foo)? What are their relationships to each other and the proposed project?


2. What precisely is the relationship between these three entities and the Port?


3. What was the understanding between SFWP, Timothy Foo and the Port when SFWP submitted its EE application on behalf of Golden Gateway Center? All three are mentioned in the relevant discussion in the DEIR.


C. The DEIR is inadequate and incomplete due to its failure to include A Community Vision for San Francisco’s Northeast Waterfront. The DEIR is inadequate and biased in discussing the Planning Department’s Northeast Embarcadero Study (NES), while failing to include an equally detailed discussion of the background and recommendations of the study prepared by Asian Neighborhood Design entitled A Community Vision for San Francisco’s Northeast Waterfront, dated February 2011, which was presented to the Planning Commission on July 7, 2011. 


The second sentence in the third paragraph of the Introduction states that the purpose of the Northeast Embarcadero Study (NES) was “to foster consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront” and leaves the reader with the impression that it succeeded in this goal by stating how many public workshops were held (five) and “on July 8, 2010, the San Francisco Planning Commission adopted a resolution that it ‘recognizes the design principles and recommendations of the Study’ and urges the Port of San Francisco to consider the recommendations of the NES when considering proposals for new development in this area”.


To be accurate and truthful, the DEIR should mention the level of anger and frustration expressed by the majority of the public that attended these five workshops who felt the Port, who was paying for the NES, was dictating its conclusions in order to facilitate the approval of the
8 Washington. For example, when 30-40 people at a workshop opposed the notion advanced by Planning staff that The Embarcadero needed a “hard edge” and that “higher heights” were appropriate for the 8 Washington site and only 6-8 people expressed support for these ideas, the notes from that meeting would later say that opinion was divided on these matters. To its credit, the Planning Department states clearly in the final draft of the NES that they failed in their goal   of achieving consensus on the future of SWL 351.


The DEIR needs to include this information to provide a more accurate representation of the outcome of the NES process.


People were so upset by what they perceived as a transparent attempt to ‘justify’ 8 Washington, that they began their own community-based planning process to address the larger issues of reconnecting Chinatown, North Beach, Russian Hill and Telegraph Hill to the Waterfront; healing the wounds left by the ramps to the Embarcadero Freeway by making Broadway, Washington and Clay Streets more pedestrian, bicycle and transit friendly; and fostering consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront.


Four major community organizations representing thousands of local residents, small businesses        and property owners became the primary sponsors/organizers of this “Community Vision for the Northeast Waterfront” and hired Asian Neighborhood Design to assist them in developing it.    These organizations included: Friends of Golden Gateway; Golden Gateway Tenants Association; Telegraph Hill Dwellers and Barbary Coast Neighborhood Association. Stakeholders from Chinatown, Russian Hill, Nob Hill, Fisherman’s Wharf and other neighborhoods also participated.


On July 7, 2010, when the Planning Department staff presented the NES to the Planning Commission, AND and the four sponsors of the “Community Vision for the Northeast Waterfront” were invited to present a summary of their planning work to date.


The DEIR fails to make any mention of the alternative plan created by these four community groups with AND’s help. It needs to describe this study, how it differs from Planning’s NES and include it in the final EIR so public officials can evaluate the merits of both studies for themselves.
 
The DEIR must describe the reasons why this alternative community planning process was undertaken and include a detailed discussion how the proposed project would or would not conform to each of the recommendations contained in A Community Vision for San Francisco’s Northeast Waterfront?


I am attaching a copy of the AND Study: A Community Vision for San Francisco’s Northeast Waterfront to these comments and ask that it be included in the EIR so that readers and public officials can gauge for themselves if it was more successful in “fostering consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront” than the Planning Department’s Northeast Embarcadero Study (NES).


D. The DEIR tries, unsuccessfully, to minimize the loss of iconic views of Coit Tower and Telegraph Hill from in front of the Ferry Building with its argument about ‘episodic’ views and a new claim that “trees” already obscure the views of Coit Tower from in front of the Ferry Building, views enjoyed by millions of tourists, residents and office workers each year.  As demonstrated in Figure IV.B-3: View B (page IV.B.7), the height and mass of the proposed project would completely obstruct views of Coit Tower and Telegraph Hill currently seen from the Embarcadero Promenade at the northern end of the Ferry Building. This significant adverse effect on the visual quality and scenic vistas enjoyed by the public puts the project in direct conflict with a number of city and Port planning policies. The DEIR’s conclusion that this would not create a substantial adverse effect on a scenic vista because “Coit Tower and Telegraph Hill would continue to be visible from numerous vantage pointes in the vicinity of the Project site and the City” is a biased and subjective judgment that is not based on fact. This ‘episodic’ argument could be used to claim that NO building ever blocks an important view because if you walk far enough past the offending structure, you might get the view back.
The comment about trees blocking the view of Coit Tower from in front of the Ferry Building must be stricken from the document. I just came from standing at the main entrance of the Ferry Building and I could clearly see Coit Tower and most of Telegraph Hill. While several trees in front of the F-line stop across the street did impede the view around the edges, these trees could easily be pruned to eliminate the problem.



E. The DEIR’s Traffic and Transit Data is Seriously Out of Date.


The traffic data relied upon by the DEIR in reaching its conclusions is incredibly stale, having been based on surveys done in 2006-2007 and with 2000 census data (page IV.D.5 of the DEIR).  These studies must be updated.  For example, the assumptions made in the DEIR that the existing conditions at the Embarcadero/Broadway and Embarcadero/Washington intersections are “satisfactory” (at LOS D) defy logic.  Anyone familiar with the real time conditions at these intersections knows that this assessment could not be based on a factual analysis of current conditions at peak periods which, by the way, often occur on weekends (not studied in DEIR).


Also out of date is the transit information relied upon by the DEIR in reaching its conclusion that the project would not result in significant transportation impacts to transit systems (Impact TR-2), having been based upon data on capacity and utilization of individual MUNI lines from 2007 (page IV.D.9 of the DEIR).  This data should also be updated. For example, whoever was responsible for the assumption in the DEIR that the F-Line is not at capacity during peak periods has never ridden the F-line at peak periods. The America’s Cup will only make this worse.



F. The DIER belittles Pedestrian Safety Issues. The DEIR states that: “Conflicts between pedestrians and vehicles could occur at the project garage driveway, which could cause the potential inbound vehicles to queue onto Washington Street. Outbound vehicles would queue inside the garage and would not affect street traffic. Conflicts between outbound vehicles and pedestrians could still occur, but their effect on pedestrians would be reduced because pedestrians on the sidewalk have the right-of-way.” (page IV.D.25). I’m sure the fact that pedestrians have the right-of-way is of great comfort to families of children and seniors who’ve been struck and killed by cars. This statement is insulting and MUST be stricken from the DEIR. It’s also not true.


In the very next paragraph the DEIR makes the following statement about these potential vehicular and pedestrian conflicts at the garage driveway:


“The number of vehicles and pedestrians per minute are relatively small (about one vehicle and three pedestrians every 30 seconds on average) and it is therefore not anticipated that the proposed project would cause any major conflict or interfere with pedestrian movements in the area.” (page IV.D.25)


These numbers translate to 2 cars and 6 pedestrians every minute or 120 cars and 360 pedestrians an hour (or approximately 1,440 cars and 4,320 pedestrians coming into potential conflict in any given 7 am to 7 pm period).  The DEIR’s conclusion that such conflict between vehicles and pedestrian movement would be “less than significant” makes no logical sense and is simply not supported by the facts presented in the DEIR. 


G. The DEIR must include a new fence around the Golden Gateway Tennis and Swim Club in its NO PROJECT Alternative. Finally, the comments often heard about the “ugly green fence” around the GGTSC reminds us that the DEIR must let the reader know that it is the owner of the property, Mr. Timothy Foo, who is responsible for the ugly “green fence”. First, he has put the GGTSC operator on a month-to-month lease making it difficult for them to make a substantial investment in a nicer fence. Second, Mr. Foo himself stands to gain financially if 8 Washington is approved, so he has no incentive to fix the fence since its unsightliness is being used as an argument for demolishing the current facility. This simplest way to correct this bias would be to:


Include a rendering of the site with a new, attractive fence in the NO PROJECT alternative .


For the reasons stated in this letter, I believe this DEIR is seriously incomplete and inadequate to address the potentially significant impacts of this project.  I urge you to revise the document and re-circulate it in draft form.


Sincerely,


 


Brad Paul


 


 


 


 


 


 


 


 


 


 


 


 


 

The real Leland Yee

53

tredmond@sfbg.com

It’s early January 2011, and the Four Seas restaurant at Grant and Clay is packed. Everyone who is anyone in Chinatown is there — and for good reason. In a few days, the Board of Supervisors is expected to appoint the city’s first Asian mayor.

The rally is billed as a statement of support for Ed Lee, the mild-mannered bureaucrat and reluctant mayoral hopeful. But that’s not the entire — or even, perhaps, the central — agenda.

Rose Pak, who describes herself as a consultant to the Chinese Chamber of Commerce but who is more widely known as a Chinatown powerbroker, is the host of the event. She stands in front of the room, takes the microphone, and, in Cantonese, delivers a remarkable political speech.

According to people in the audience, she says, in essence, that the community has come out to celebrate and support Ed Lee — but that’s just the start. She also urges them not just to promote their candidate — but to do everything possible to prevent Leland Yee from becoming mayor.

She continues on for several minutes, lambasting Yee, the state Senator who lived in Chinatown as a child, accusing him of about every possible political sin — and turning the Lee rally into an anti-Yee crusade. And nobody in the crowd seems terribly surprised.

Across Chinatown, from the liberal nonprofits to the conservative Chamber of Commerce, there’s a palpable fear and distrust of the man who for years has been among San Francisco’s most prominent Asian politicians — and who, had Lee not changed his mind and decided to run for a full term this fall, was the odds-on favorite to become the city’s first elected Chinese mayor.

The reasons for that fear are complex and say a lot about the changing politics of Asian San Francisco, the power structure of a city where an old political machine is making a bold bid to recover its lucrative clout — and about the career of Yee himself.

Senator Leland Yee is a political puzzle. He’s a Chinese immigrant who has built a political base almost entirely outside of the traditional Chinatown community. He’s a politician who once represented a deeply conservative district, opposed tenant protections, voted against transgender health benefits and sided with Pacific Gas and Electric Co. on key environmental issues — and now has the support of some of the most progressive organizations in the city. He’s taken large sums of campaign money from some of the worst polluters in California, but gets high marks from the Sierra Club.

His roots are as a fiscal conservative — yet he’s been the only Democrat in Sacramento to reject budget compromises on the grounds that they required too many spending cuts.

He’s grown, changed, and developed his positions over time. Or he’s become an expert at political pandering, telling every group exactly what it wants to hear. He’s the best chance progressives have of keeping the corrupt old political machine out of City Hall — or he’s a chameleon who will be a nightmare for progressive San Francisco.

Or maybe he’s a little bit of all of that.

 

Leland Yin Yee was born in Taishan, a city in China’s Guangdong province on the South China Sea. The year was 1948; Mao Zedong’s Communist Party of China had taken control of much of the countryside and was moving rapidly to take the major cities. The nationalist army of General Chiang Kai-Shek was falling apart, and Yee’s father, who owned a store, decided it was time for the family to leave.

The Yees made it to Hong Kong, and since Mee G. Yee had previously lived in the United States and served in the U.S. Army during World War II, he was ultimately able to move the family to San Francisco. In 1951, the three-year-old Leland Yee arrived in Chinatown.

For four years, Yee lived with his sister and mother in a one-room apartment with a shared bathroom while his father worked as a sailor in the merchant marine. It was, Yee recalled in a recent interview, a tight, closed, and largely self-sufficient community.

“The movie theater, the shoe store, the barber shop, food — everything you needed you could get in Chinatown,” Yee said. “You never had to leave.”

Of course, after a while, Yee and his mom started to venture out, down Stockton Street to Market, where they’d shop at the Emporium, the venerable department store. “It was like walking into a different country,” he said. “If you didn’t know English, they didn’t have time for you.”

Yee, like a lot of young Chinese immigrants of his era, put much of his time into his studies — in the San Francisco public schools and in a local Chinese school. “My mom spoke a village dialect, and we had to learn Cantonese,” he said. “Every little kid had to go to Chinese school. We hated it.”

When Yee was eight, his parents managed to buy a four-unit building on Dolores Street, and the family moved to the Mission, where he would spend not only the rest of his childhood but much of his early adult life. He graduated from Mission High School, enrolled in City College, studied psychology and after two years won admission to UC Berkeley.

Berkeley in 1968 was a very different world from Chinatown and even the relatively controlled environment he’d experienced at home in the Mission. “You didn’t protest in school. You’d have been sent home, and your mother would kill you,” he said.

At Berekely, all hell was breaking loose, with the antiwar protests, the People’s Park demonstrations, the campaign to create a Third World College (which led to the first Ethnic Studies Department), and a general attitude of mistrust for authority. “I developed a sense of activism,” Yee said. “I realized I could speak out.”

That spirit quickly vanished when Yee lost faith in some of his fellow activists. “People would work with us, then get into positions of power and use that against you,” he recalled. “A lot of my friends said ‘forget it.’ I left the scene.”

Yee once again devoted his energy to school, earning a masters at San Francisco State University and a Ph.D in child psychology from the University of Hawaii. Along the way, he met his wife, Maxine.

With his new degree, the Yees moved back to San Francisco — and back in with his parents at the Dolores property, where he, Maxine and a family that would grow to four kids would live for more than a decade.

 

Yee worked as a child psychologist for the San Francisco Department of Public Health, starting the city’s first high school mental-health clinic. He went on to become a child psychologist at the Oakland Unified School District, then joined a nonprofit mental health program in San Jose.

In 1986, Yee decided to get active in politics for the first time since college, and ran for the San Francisco School Board. He lost — and that would be the only election he would ever lose. In 1988, he won a seat, and established himself as an advocate for students of color, fighting school closures in minority neighborhoods. He also tried to get the district to modify its harsh disciplinary rules, arguing against mandatory expulsions.

On fiscal issues, though, Yee was a conservative. For his first term, despite the brutal cutbacks of the recession of the late 1980s and early 1990s, he insisted that the district make do with the money it had. His solution to the red ink: Cut waste. Only in 1992, when he was up for re-election, did he acknowledge that the district needed more cash; at that point, he supported a statewide initiative to tax the rich to bring money to the schools.

The sense of fiscal conservatism — of holding the line on taxes, but mandating open and fair contracting procedures and tight financial controls — was a hallmark of much of his political career. When the Guardian endorsed him for re-election to the board in 1992, we wrote that “there’s real value in his continuing vigilance against administrative fat and favoritism in contracts.”

Over the next four years, Yee worked with then-Superintendent Waldemar “Bill” Rojas, a deeply polarizing figure who pushed his own personal theory of “reconstitution” — firing all the staff at low-performing schools — and later was enmeshed in a scandal that led to prison time for a contractor he’d hired. Yee told me he was the only board member to vote against hiring Rojas, but people who were watching the board closely back then say he didn’t always stand up to the superintendent.

He also became what some say was a bit too close with Tim Tronson, a consultant hired by the district as a $1,000-a-day facilities consultant. Tronson wound up getting indicted on 22 counts of grand theft, embezzlement, and conspiracy in a scheme to steal $850,000 from the schools, and was sentenced to four years in state prison.

In 1998, when some school board members wanted to build housing for teachers on property that the district owned in the Sunset, Yee led the opposition — with Tronson’s help. At one meeting at Sunset Elementary School, Yee went so far as to say, according to people present, that “Tim Tronson is my man, and I rely on him for advice.”

Yee acknowledged that he worked closely with Tronson to defeat that housing project. “He was the facilities manager,” Yee explained, “and I said that I trusted his judgment.”

 

Yee has either a great sense of political timing or exceptional luck. He ran for the Board of Supervisors in 1996, facing one of the weakest fields in modern San Francisco history. He was the only Chinese candidate and one of just two Asians (the other, appointed incumbent Michael Yaki, barely squeaked to re-election). In an at at-large election with the top five winning seats, Yee came in third, with 103,000 votes.

He was never a progressive supervisor. In 2000, the Guardian ranked the good votes of what we referred to as Willie Brown’s Board, and Yee scored only 43 percent. He was against campaign finance reform. He supported the brutal gentrification and community displacement represented by the Bryant Square development. He voted to kill a public-power feasibility study and opposed the Municipal Utility District initiative. He opposed a moratorium on uncontrolled live-work development.

In 2002, Yee was one of only three supervisors to oppose Proposition D, a crucial public-power measure that would have broken up PG&E’s monopoly in the city. He stood with PG&E (and then-Sups. Tony Hall and Gavin Newsom) in opposition to the measure, then signed a pro-PG&E ballot argument packed with PG&E lies.

When I asked him about that stand, Yee at first didn’t recall opposing Prop. D, but then said he “stood with labor” on the issue. In fact, the progressive unions didn’t oppose Prop. D at all; the opposition was led by PG&E’s house union, IBEW Local 1245.

Yee was particularly bad on tenant issues. He not only voted to deny city funding for the Eviction Defense Collaborative, which helped low-income tenants fight evictions; he actually tried to get the city to put up money for a free legal fund to help landlords evict their tenants. He opposed a ballot measure limiting condo conversions. He opposed a measure to limit the ability of landlords to pass improvement costs on to their tenants.

In 2001, Yee voted to uphold a Willie Brown veto of legislation to limit tenancies in common, a backdoor way to get around the city’s condo conversion ordinance. Only Hall and Newsom, then the most conservative supervisors on the board, joined Yee. At one point, he started asking whether the city should consider repealing rent control.

He opposed an affordable housing bond in 2002, joining the big landlord groups in arguing that it would raise property taxes. Every tenant group in town supported the measure, Proposition B; every landlord group opposed it.

I asked Yee about his tenant record, and he told me that he now supports rent control. But he said that he was always on the side of homeowners and small landlords, and that property ownership was central to Chinese culture. “I was responding to the Chinese community and the West Side,” he said.

He wasn’t much of an environmentalist, either — at least not in today’s terms. He was one of the only city officials to support a “Critical Car” rally in 1999, aimed at promoting the rights of vehicle drivers (and by implication, criticizing Critical Mass and the bicycle movement).

His record on LGBT issues was mixed. While he supported a counseling program for queer youth when he was on the school board, he also supported JROTC, angering queer leaders who didn’t want a program in the public schools run by, and used as a recruiting tool for, the military, which at that point open discriminated against gay and lesbian people.

 

 

Yee was also one of only two supervisors who voted in 2001 against extending city health benefits to transgender employees.

That was a dramatic moment in local politics. Nine votes were needed to pass the measure, and while eight of the supervisors were in favor, Yee and Hall balked. At one point, Board President Tom Ammiano had to direct the Sheriff’s Office to go roust Sup. Gerardo Sandoval, who was ducking the issue in his office, to provide the crucial ninth vote.

Yee didn’t just vote against the bill. According to one reliable source who was there at the time, Yee spoke to a community meeting out on Ulloa Street in the Sunset and berated his colleagues, quipping that the city should have better things to do than “spend taxpayer money on sex-change operations.”

It was a bit shocking to trans people — Yee had, over the years, befriended some of the most marginalized members of what was already a marginalized community. “There was one person at the rail crying, saying ‘Leland, how could you do this to us,'” Ammiano recalled.

The LGBT community was furious with Yee. “I didn’t speak to him for at least a year,” Gabriel Haaland, one of the city’s most prominent transgender activists, told me.

Yee now says the vote was a mistake — but at the time, he told me, he was under immense pressure. When he voted for the queer youth program, he said, “the elders of the Chinese community ripped me apart. They called my mother’s friends back in the village [where he was born] and said her son was embarrassing the Chinese community.”

That must have been difficult — and he said that “if I had known the pain I had caused, I wouldn’t have voted that way.” But it was hard to miss that pain his vote caused.

On the other hand, people learn from their experiences, attitudes evolve, we all grow up and get smarter, and the way Yee describes it, that’s what happened to him.

In 2006, when he was running for state Senate, Yee met with a group of trans leaders and formally — many now say sincerely — apologized. It was an important gesture that made a lot of his critics feel better about him.

“He didn’t have to do that,” Haaland said. “People change, and he paid for his crime, and that’s genuine enough for me.”

As a former school board member, Yee kept an interest in the schools — but not always a healthy one. At one point, he actually proposed splitting SFUSD into two districts, one on the (poorer) east side of town and one on the (richer) west. “We strongly opposed that,” recalled Margaret Brodkin, who at the time ran Coleman Advocates for Children and Youth. “Eventually he dropped the idea.”

For all the problems, in his time on the Board of Supervisors, Yee developed a reputation for independence from the Brown Machine, which utterly dominated much of city politics in the late 1990s. His weak 43 percent rating on the Guardian scorecard was actually third-best among the supervisors, after Ammiano and the late Sue Bierman.

In 1998, he was one of the leaders in a battle to prevent the owners of Sutro Tower from defying the city’s zoning administrator and placing hundreds of new antennas on Sutro Tower. He, Bierman, and Ammiano were the only supervisors opposing Brown’s crackdown on homeless people in Union Square.

When he ran in the first district elections, in 2000, against two opponents who had Brown’s support and big downtown money, the Guardian endorsed him, noting that while he “can’t be counted on to support worthy legislation … He’s one of only two board members who regularly buck the mayor on the big issues.”

(He never liked district elections, and used to take any opportunity to denounce the system, at times forcing Ammiano to use his position as president to tell Yee to quit dissing the electoral process and get to the point of his speech.)

 

In 2002, the westside state Assembly district seat opened up, and both Yee and his former school board colleague Dan Kelly ran in the Democratic primary. Yee won, and went on to win the general election with only token opposition.

His legislative record in the Assembly wasn’t terribly distinguished. Yee never chaired a policy committee — although he did win a leadership post as speaker pro tem. And he cast some surprisingly bad votes.

In 2003, for example, then-Assemblymember Mark Leno introduced a bill that would have exempted single-room occupancy hotels from the Ellis Act, which allows landlords to evict tenants for no reason. Yee refused to vote for the bill. Leno was furious — he was one vote short of a majority and Yee’s position would have doomed the bill. At the last minute, a conservative Republican who had grown up in an SRO hotel voted in favor.

When he ran for re-election in 2004, we noted: “What’s Leland Yee doing up in Sacramento? We can’t figure it out — and neither, as far as we can tell, can his colleagues or constituents. He’s introduced almost no significant bills — compared, for example, to Assemblymember Mark Leno’s record, Yee’s is an embarrassment. The only high-profile thing he’s done in the past several years is introduce a bill to urge state and local governments to allow feng shui principles in building codes.”

In 2006, Yee decided to move up to the state Senate, and he won handily, beating a weak opponent (San Mateo County Supervisor and former San Francisco cop Mike Nevin) by almost 2-1. His productivity increased significantly in the upper chamber — and in some ways, he moved to the left. He’s begun to support taxes — particularly, an oil severance tax — and when I’ve questioned him, he somewhat grudgingly admits that Prop. 13 deserves review.

He’s done some awful stuff, like trying to sell off the Cow Palace land to private developers. But he has consistently been one of the best voices in the Legislature on open government, and that’s brought him some national attention.

Yee has been a harsh critic of spending practices and secrecy at the University of California, and when UC Stanislaus refused in 2010 to release the documents that would show how much the school was paying Sarah Palin to speak at a fundraiser, Leland flew into action. He not only blasted the university and introduced legislation to force university foundations to abide by sunshine laws; he worked with two Stanislaus students who had found the contract in a dumpster and made headlines all over the country.

He’s fought for student free speech rights and this year pushed a bill mandating that corporations that get tax breaks for job creation prove that they’ve actually created jobs — or pay the tax money back. He’s also won immense plaudits from youth advocates and criminal justice reformers for his bill that would end life-without-parole sentences for offenders under 18.

Along the way, he compiled a 100 percent voting record from the major labor unions, including the California Nurses Association and SEIU, and with the Sierra Club. All three organizations have endorsed him for mayor.

Yee told me that he thinks he’s become more progressive over the years. “My philosophy has shifted,” he said.

Yet when you talk to his colleagues in Sacramento, including Democrats, they aren’t always happy with him. Yee has a tendency to be a bit of a loner — he’s never chaired a policy committee and in some of the most bitter budget fights, he’s refused to go along with the Democratic majority. Yee insists that he’s taken principled stands, declining to vote for budget bills that include deep service cuts. But the reality in Sacramento is that budget bills have until this year required a two-thirds vote, meaning two or three Republicans have had to accept the deal — and losing a Democratic vote has its cost.

“You have to give up all sorts of things, make terrible compromises, to get even two Republicans,” one legislative insider told me. “When a Democrat goes south, you have to find another Republican, and give up even more.”

In other words: It’s easy to take a principled stand, and make a lot of liberal constituencies happy, when you aren’t really trying to make the state budget work.

 

I met Rose Pak on a July afternoon at the Chinatown Hilton. She brought along her own loose tea, in a paper package; the waitress, who clearly knew the drill, took it back to the kitchen to brew. Pak and I have not been on the greatest of terms; she’s called the Guardian all kinds of names, and I’ve had my share of critical things to say about her. But on this day, she was polite and even at times charming.

After we got the niceties out of the way (she told me I was unfair to her, and I told her I didn’t like the way she and Willie Brown played politics), we started talking about Yee. And Pak (unlike some people I interviewed for this story) was happy to speak on the record.

She told me Yee had “no moral character.” She told me she couldn’t trust him. She told me a lot of stories and made a lot of allegations that we both knew neither she nor I could ever prove.

Then we got to talking about the politics of Chinatown and Asians in San Francisco, and a lot of the animosity toward Yee became more clear.

For decades, Chinatown and the institutions and people who live and work there have been the political center of the Chinese community. Nonprofits like the Chinatown Community Development Center have trained several generations of community organizers and leaders. The Chinese Chamber of Commerce, the Six Companies, and other business groups have represented the interests of Chinese merchants. And while the various players don’t always get along, there’s a sense of shared political culture.

“In Chinatown,” Gordon Chin, CCDC’s director, likes to say, “it’s all about personal connections.”

There’s a lively infrastructure of community-service programs, some of which get city money. There’s also a sense that any mayor or supervisor who wants to work with the Chinese community needs to at least touch base with the Chinatown establishment.

Yee doesn’t do that. “He doesn’t give a shit about them,” David Looman, a political consultant who has worked with many Chinese candidates over the years, told me.

Yee’s Asian political base is outside of Chinatown; he told me he sees himself representing more of the Chinese population of the Sunset and Richmond and the growing Asian community in Visitacion Valley and Bayview.

Pak is connected closely to Brown, who Yee often clashed with. For Pak, Brown, and their allies, strong connections to City Hall mean lucrative lobbying deals and public attention to the needs of Chinatown businesses. Then there’s the nonprofit sector.

CCDC and other nonprofits do important, sometimes crucial work, building and maintaining affordable housing, taking care of seniors, fighting for workers rights, and protecting the community safety net. Yee, Pak said, “has never shown any interest in our local nonprofits. We all work together here, and he doesn’t seem to care what we do.” Yee told me he has no desire to see funding cut for any critical social services in any part of town. But he has also made no secret of the fact that he questions the current model of delivering city services through a large network of nonprofits, some of which get millions of taxpayer dollars. And the way Pak sees it, all of that — the nonprofits, the business benefits, the contracts — are all at risk. “If Leland Yee is elected mayor,” she told me, “we are all dead.”

I ran into an old San Francisco political figure the other day, a man who has been around since the 1970s, inside and outside of City Hall, who remains an astute observer of the players and the power relationships in the local scene. At the time we talked, he wasn’t supporting any of the mayoral candidates, but he had a thought for me. “This town,” he said, “is being taken over by a syndicate. Willie Brown is the CEO, and Rose Pak is the COO, and it’s all about money and influence.”

That’s not a pleasant thought — I’ve lived through the era of political machine dominance in this town, and it was awful. In the days when Brown ran San Francisco, politics was a tightly controlled operation; only a small number of people managed to get elected to office without the support of the machine. Developers made land-use policy; gentrification and displacement were rampant; corruption at City Hall turned a lot of San Franciscans off, not only to the political process but to the whole notion that government could be a positive force in society.

A few years ago, I thought those days were over — and to a certain extent, district elections will always make machine politics more difficult. But when I see signs of the syndicate popping up — and I see a candidate like Ed Lee, who’s close friends with Brown, leading the Mayor’s Race — it makes me nervous. And for all his obvious flaws, at least Leland Yee isn’t part of that particular operation. If there’s a better reason to vote for him, I don’t know what it is.

YEE HOME PURCHASE RAISES SUSPICIONS

Rose Pak has a question about Leland Yee. “How,” she asked me, “did the guy manage to buy a million-dollar house on a $30,000 City Hall salary?”

Pak isn’t the only one asking — numerous media reports over the years have examined how Yee raised a family of four and bought a house in the Sunset on very little visible income. And while I’m not usually that interested in the personal finances of political candidates, I decided that it was worth a look.

Here’s what I found: Public records show that in July 1999, Yee and his wife, Maxine, purchased a house on 24th Avenue for $875,000 (it’s now assessed at slightly more than $1 million). At the time, Yee was a San Francisco supervisor, earning a little more than $30,000 a year. (The salary of the supervisors was raised dramatically shortly after Yee left the board and went to the state Assembly.) His wife wasn’t working. And his economic interest statements for that period show no other outside earnings. So the disposable, after-tax income of the entire Yee family couldn’t have been much more than $25,000.

That, by any normal standard, shouldn’t have been enough to float a mortgage that, records show, totaled $516,000. In fact, the interest payments alone on that mortgage alone would total $3,600 a month — more than Yee’s gross income.

Documents in the Assessor’s Office show another paper trail, too. In 1989, Jung H. Lee, Yee’s mother, transferred the deed on a four-unit Dolores St. building where the family had been living to Maxine and Leland Yee — for no money. And a few months before the Yees bought the Sunset house, they took out a $320,000 home-equity loan on that property. That was the down payment on the Sunset property.

Still: At that point, the Yees would have been paying off two mortgages, with a total nut of about $5,000 a month — and supporting four kids, in San Francisco. In 2002, Yee’s economic interest statement’s show some modest income from teaching at Lincoln University — but nowhere near enough to pay that level of expenses.

What happened? Yee explains it this way: “For more than 10 years, we were living rent-free in my parents’ property,” he told me I an interview. “We were a close Chinese family, and my parents provided the food and helped pay for the children’s clothing. So we had almost no expenses and we lived very frugally.”

During that period, Yee was working for the San Francisco Department of Public Health, the Oakland Unified School District, and a San Jose nonprofit, earning, he said, between $50,000 and $90,000 a year. If he saved almost all of that money, he would have had more than a half-million dollars in the bank when he bought the Sunset house.

There’s nothing on any of his economic disclosure forms showing any ownership of stocks or other reportable financial interests during that period, so he wasn’t investing the money. In fact, he says, it was, and is, all in simple savings accounts. A bit unusual for that large a sum of money.

How did he get a mortgage? “Back then,” he said, “banks were willing to lend a lot more freely than they do today.”

Starting in 2003, Yee was in the state Assembly, making a higher salary — but still not much in excess of $100,000 a year. After taxes, he was probably taking home about $75,000 — and $60,000 was going to the two mortgages.

How did he do it? “We have been supplementing our income with our savings,” he said. “We don’t take vacations, we are very careful with our money.” And they clearly aren’t desperate for cash — Yee’s daughter occupies two of the four units in the Dolores St. building they own, but the other two units are vacant.

It’s possible. It’s plausible. But I don’t blame people for wondering how he managed to pull it off. (Tim Redmond, with research assistance by Oona Robertson) 

 

 

 

BIG CORPORATIONS HAVE BACKED YEE

Yee became a prodigious fundraiser in Sacramento — and a lot of the money came from big corporations that had business in the Legislature. And while he has perfect scores from the Sierra Club and the big labor unions, he’s taken tens of thousands of dollars from some of the biggest corporations, agribusiness interests, and polluters in the state. And at times, he’s voted their way.

Since 1993, for example, campaign finance records show Yee has taken more than $20,000 from Chevron, ExxonMobil, Valero, Conoco Phillips, and BP. He’s received another $22,450 from the chemical industry (and industry employees). Most of it came from Clorox, Dow Chemical, and Dupont.

And while the Sierra Club may not have considered it a priority, Sen. Mark Leno has worked hard to pass a bill limiting chemical fire retardants in furniture. In 2008, Yee voted against Leno’s AB 706.

That year he also refused to support a bill that would prohibit the use of the chemical diacetyl in workplaces. The industries that opposed AB 514 (including Bayer, Abbott Laboratories, Pfizer, and Johnson & Johnson) have given Yee a total of more than $60,000.

In 2003, Yee voted against a crucial tenant bill, one that would have prevented the owners of single room occupancy hotels from using the Ellis Act to evict tenants. He received a campaign check for $2,500 from the San Francisco Apartment Association the next day. Landlords in general have given Yee close to $40,000.

Then there’s agribusiness. Yee gets a lot of money from the farming industry, despite the fact that there obviously aren’t many farms in his district. Why, for example, would the California Poultry Association, the California Cattlemen’s Association, and the California Farm Bureau give him money? The Poultry Association’s Bill Mattos told us that Yee “has taken a keen interest in California’s poultry industry.”

Yee also took immense flak from the San Francisco Chronicle and other papers over a 2003 vote against a bill to limit emissions from farm vehicles. In an editorial, the paper wrote that he was “doing dirty work for the lobbyists.” In the end, under immense public pressure, he switched positions and voted for the bill. I asked Yee about all that money from all those bad operators, and he told me — as most politicians will — that campaign cash has never influenced any of his votes.

So why do all these groups give him money? “It’s about whether you will sit down and listen,” Yee said. “I will talk to all sides and at least consider the arguments as a thoughtful human being. Then I vote my conscience.” (Tim Redmond, with research by Oona Robertson) 

BART board mulls nation’s first cell service disruption policy

44

A special meeting of BART’s Board of Directors yesterday (Wed/25) was the first step in crafting a policy outlining the circumstances under which BART staff would be authorized to cut off cell phone service in its train stations. The resulting policy will be the first in the nation, and is likely to act as a model for other government agencies to address the issue.

While BART’s top management defended the suspension of cell phone service to disrupt a protest planned for August 11, BART’s board was divided over whether the suspension of cell service to prevent a protest was justified and what would constitute a justification for cutting cell service in the future.

“This group was encouraging, promoting and inciting illegal behavior on our platform,” BART police Chief Kenton Rainey reminded the board.

“Well, there is illegal activity every day at BART. The response does not feel proportional enough for justification,” responded BART director Tom Radulovich,

BART director Robert Raburn echoed Radulovich’s concerns. “Neither speculation about a protest, nor mere disruption of train service, nor other illegal activity by itself constitutes a risk to passenger safety that would warrant interrupting cell service. We must guard First Amendment freedom of speech, and this will become a landmark case,” said Raburn.

Staff and union representatives stressed that public safety was always BART’s top concern.

Officials from BART’s three unions generally agreed that the shutting of cell phone service was inappropriate, but admonished protesters for conducting protests on the platforms where they say there is a safety risk due to crowding.
“I applaud the individuals, the union supports the individuals who organize, for I understand organizing. I understand protesting,” said Austin Thomas, who represents BART employees from SEIU Local 1021. “But, I would like to see that this forum be the forum to bring your protest, to have your grievances redressed here.”

“The bottom line for BART is that downtown San Francisco at 5 pm is the maximum stress point at the maximum stress time. It’s all about public safety and keeping the trains moving,” stressed BART Assistant General Manager of Operations Paul Oversier.

“We keep going around with these safety issues, but do not be confused: We do not have to have one or the other,” urged director Lynette Sweet, who referenced the 1955 case Pike vs Southern Bell Telegraph.

“In this case, a gentleman by the name of Bull Connors ordered Southern Bell to remove the telephone of one Lewis Pike, described by Mr. Connors as a negro of questionable character who is known to be using his phone for unspecified illegal purpose. That is not where we as BART want to go. We don’t want to tell people, or signify, or specify, that you can’t talk, that you don’t have the ability to talk.”

But BART board Vice President John McPartland took a harder stance. saying the action was justified, and BART need to post signs informing the public of possible disruptions in cell service due to safety issues.

“This is the beginning of a review from a national perspective on this issue. I, for one, think we should maintain our ability to control cell service until we have it looked at from a legislative perspective.” said McPartland.

“Not all free speech is protected. There are some very narrow exceptions, and I believed this to be one of them,” Oversier insisted.

“If we are ever going to shut off cell phone service, ever, it should be for the most valid reasons that I equate with 9-11 [terrorist attack] level. Not the protests that we thought were going to happen on August 11th. We can’t do that,” cautioned Sweet, who wondered out loud if BART couldn’t just apologize for making a mistake and move on.

Members of the public present for the meeting remained dubious about BART creating policy concerning cell phone disruption at all.

Speaking on behalf of protest group No Justice No BART, an activist identifying himself only as Christof told the board, “We are not asking you to fix anything. We just simply don’t trust you to run a police force at all. We are not asking you to improve your free speech policy, we already have a free speech policy – it’s called the constitution.”

He expressed doubts as to whether BART should be trusted with the power to cut cell phone service. “What is the first thing that your police officers did on the Fruitvale platform after they shot Oscar Grant in the back? They tried to confiscate video footage taken by passengers,” Christof accused.

That footage from the New Years Eve shooting of Grant by officer Johannes Mehserle was the beginning of BART’s problems with anti-police brutality protesters.

Other speakers from the public had similar concerns about BART overreaching its authority.

“The proper place to present the arguments we have just heard is not to this board, but in a court room before a judge considering a motion or injunction. Instead of using those existing legal mechanisms, you have taken matters into your own hands as vigilantes,” said Edward Hasbrook representing the Identity Project.

BART officials expect the new policy will be crafted and voted on within a month. They say the new policy will be vetted through BART attorneys, the ACLU, and and BART’s civilian advisory committee. But they cautioned that BART could not envision every emergency that would warrant shutting off of cellular service as they craft their forthcoming policy, so the policy would include some flexibility at the discretion of BART management.

Both the California Public Utilities Commission and the Federal Communications Commission, who regulate cell phone providers, are already examining the legality of BART’s actions. As an afterthought, at the close of the meeting, Sweet urged the board to consult with those agencies over the policy before it is implemented.

BART has only provided cell service in its stations for a short time. While BART is under no legal obligation to provide phone service, once they began providing service they fall under the jurisdiction of the FCC, which regulates cell service nationally.

Speaking in Denver to CNET, FCC Commissioner Robert McDowell said the matter was still under investigation.

“What the heck happened, what precedent does it set, were there any laws that were broken?” McDowell questioned. “Let’s continue with the investigation. We’ll draw conclusions after we have all the facts.”

SF sued for approving AT&T’s sidewalk boxes without an EIR

19

A coalition of San Francisco citizens groups today sued the city over the 5-6 vote last month by the Board of Supervisors to allow AT&T to install 726 utility boxes on sidewalks throughout the city without studying the impact and alternatives with an environmental impact report.

The groups include San Francisco Beautiful (filing its first lawsuit against the city in its 64-year history), San Francisco Tomorrow, Dogpatch Neighborhood Association, Potrero Boosters, and the Duboce Triangle Neighborhood Association. Their appeal of AT&T’s permit was rejected by Sups. Sean Elsbernd, Mark Farrell, Malia Cohen, Carmen Chu, David Campos, and Scott Wiener, allowing the project to move forward.

“The city has refused to do what should be a routine environmental review,” Milo Hanke, a past president of San Francisco Beautiful, told us. He said the public should have been allowed to consider alternatives to the “unwanted and unwarranted degradation of the public sidewalks by a greedy corporation.”

While the project will allow AT&T to upgrade its Internet service and other capabilities, many in the technology community told us back in May that there are better options for improving the high-tech infrastructure in the city without the unsightly boxes that will block sidewalks and be magnets for graffiti.

But those groups, and the groups that filed this lawsuit, say they felt ignored by City Hall and AT&T. “We were shut out of the process,” Hanke said. Now, the plaintiffs will go to court to seek an injunction to stop the project as they wait for a ruling on the merits of the case.

Threats or payback?

1

news@sfbg.com

Officers from the San Francisco Police Department arrested a 21-year-old activist from Hunters Point less than 24 hours after he appeared on a public access television show where he indicted the police for a recent shooting and named officers he says have personally harassed him.

Around 4 p.m. on Saturday, July 23, Debray Carpenter, who is also known as Fly Benzo, was arrested near the intersection of Oakdale Avenue and Lane Street and booked on charges of threatening a police officer and resisting arrest. After spending almost four days in jail, the District Attorney’s Office declined to file any charges and Carpenter was released.

“If they feel like they can charge me, they would’ve,” Carpenter said after his release. “SFPD lies and that’s a fact. I just want the people to see how they lie. Just like they are lying about me, they could be lying about Kenneth Harding. Anything they say needs to be taken with a grain of salt.”

On July 16, police shot and killed Kenneth Harding Jr. while he was running from police. When officers stopped Harding at the 3rd and Oakdale Muni platform and asked him to produce a transfer, he bolted. The official story is that while he was running away, Harding pulled out a gun and fired at least one shot at police before they returned fire. Police later said the shot that killed him pierced his neck on the right side and was fired from his own gun, but some witnesses say that Harding didn’t have a gun, and many people in the community still have doubts about what happened.

Carpenter has spoken out against Harding’s death on the TV news, and he has participated in and organized protests calling for greater police accountability in the weeks following the shooting. On July 22, Carpenter appeared as the only guest on the public access program “CLAER Da Corner,” a 90-minute show hosted by Sharen Hewitt, the executive director of Community Leadership Academy & Emergency Response Project (CLAER), an anti-violence nonprofit.

During his appearance on the program, Carpenter named several SFPD officers who he claimed had harassed him in the past. He also recounted an exchange that took place a few days earlier on July 19. It was during this encounter that police say Carpenter made the criminal threat for which he was later arrested.

The police version of the incident differs significantly from the story that Carpenter shared with Hewitt on her show before his arrest.

According to Carpenter, he was with a group of people having a casual conversation with an SFPD officer as two other officers drove up and aggressively pursued a teenager for no apparent reason. When the group asked the officers about their behavior, one of the officers explained that she’s from New York, said Carpenter.

This prompted Carpenter to bring up Sean Bell, a young man who was gunned down by the NYPD, and the officer replied, “I haven’t shot anyone, yet,” according to Carpenter.

“Ya’ll bleed too. Just how we bleed, ya’ll bleed,” Carpenter shot back.

He told the host that the officer then responded by asking, “Is that a threat?”

“No, that’s a fact,” replied Carpenter. The police then drove away, he said.

But the police say that Carpenter threatened to kill one of the officers and was aggressive from the moment they arrived.

“Carpenter started yelling at them and he said, ‘White pig bitch I’m gonna put one in you,'” SFPD spokesman Lt. Troy Dangerfield told us.

“You bleed like I do. I’m gonna put one in you and show you,” Carpenter allegedly told police after being asked if his previous statement had been a threat, according to Dangerfield.

“There was a large crowd of people that began circling around the officers and they determined it was unsafe to make an arrest at the time,” Dangerfield said. “One of our rules is if you know somebody you don’t have to make an arrest right there and cause a big scene.”

The police arrested Carpenter four days later and booked him for allegedly making terrorizing threats and resisting arrest. While in jail Carpenter told his lawyer, John Hamasaki, that he didn’t know why he had been arrested and Hamasaki said at the time he wasn’t sure either.

“The arrest stinks,” Hamasaki told us. “Just an exercise of power by the police letting folks know if they speak up, they can be locked up.”

The District Attorney’s Office said that it declined to file charges because there was insufficient evidence to secure a conviction but declined to go into further detail.

“It is not uncommon for the District Attorney to drop charges that are against the police,” said Dangerfield, the police spokesman. “Unless there’s injuries, photos and things like that, they rarely want to prosecute a lot of threats against police officers, and even more resisting arrest, because they think that’s the type of business we’re in.”

“That’s bullshit,” said Hamasaki. “(Crimes against police are) the hardest things for us to negotiate to get them to come down. … The DA doesn’t want to upset the rank and file.”

Erica Derryck, a spokeswoman for the District Attorney’s Office, also disagreed with Dangerfield’s assessment.

“We take seriously any threats against San Franciscans whether they are uniformed sworn officers or members of the general public,” Derryck said. “We review every case on a case-by-case basis.”

Carpenter says he isn’t the only one being targeted for his activism in Hunters Point. Police arrested Henry Taylor, 54, as he was on his way to speak up at the July 20 town hall meeting at the Bayview Opera House in which Chief Greg Suhr’s appearance ignited pandemonium (see “Anger erupts over police shootings,” July 27).

Dangerfield said that police arrested Taylor for violating a stay-away order, but Taylor says that he isn’t under a stay-away order for that area and that police arrested him to prevent him from testifying at the town hall meeting.

No recordings are known to exist between Carpenter and the officer, just as no video recordings have revealed exactly what happened between Harding and the police on the 3rd Street Muni platform. There are several videos of the immediate aftermath, including footage of Harding writhing on the ground while police raised their weapons and denied him first aid, but apparently no video of the shooting itself. In Oakland, all officers are now issued small cameras to wear on their uniforms that record every interaction an officer has with the public. In the case of both Carpenter and Harding, such equipment would likely provide answers to what actually transpired, but Dangerfield said the SFPD has no plans to follow Oakland’s lead. “I know the chief of police has said he is looking into cameras for officers who do plain clothes assignments, and warrant arrests, and things like that. For the general patrol force, at this point, that’s not the case,” Dangerfield said. “There are some officers who do carry their own. … There’s no rule that says that can’t be done.”

Central Subway gravy train shows how City Hall works

69

Despite its skyrocketing cost, inefficient design, and a growing chorus of criticism – ranging from a Wall Street Journal editorial today to an op-ed in the SF Chronicle last week – the Central Subway project continues to move forward for one simple reason: rich and powerful people want it to happen, whether it makes sense or not, because it benefits them directly.

“The subway is a case study in government incompetence and wasted taxpayer money,” the Wall Street Journal wrote in a “Review & Outlook” piece today (full text below), but it was only partially correct. The Central Subway is actually a case study in how things get done at City Hall, and how connected contractors and their political patrons make off with that taxpayer money.

“San Francisco is embarking on a Big Dig of the West, and unless our local leadership applies the brakes soon, the damage to our transit systems will be all but guaranteed. I urge local and national leaders to recognize what is obvious and stop this train to nowhere,” former San Francisco Transportation Agency Chair Jake McGoldrick wrote in his Aug. 18 op-ed.

But that isn’t likely to happen, given the political dynamics that have taken root at City Hall this year. Remember, this project was the result of a mutually beneficial deal that then-Mayor Willie Brown cut with Chinatown power broker Rose Pak back in 2003 (when the project was estimated at $648 million, before it ballooned to its current price tag of $1.6 billion).

This was the same duo that engineered the appointment of Ed Lee as interim mayor earlier this year and then pushed him to break his word and run to retain control of Room 200, as well as pressuring David Chiu into being the swing vote to give Lee that job and secretly backing Jane Kim’s run for the Board of Supervisors. All are big supporters of the Central Subway project, despite all the experts calling it an wasteful boondoggle that will be the most expensive 1.7-mile piece of track ever built in this country.

But the opinion of fiscal and transportation policy experts matters little in a town that is once again being governed by shameless power brokers. Hell, Brown even uses his weekly column in the Chronicle to confirm his weekly breakfast date (every Monday at the St. Regis Hotel) with his “friend” and client Jack Baylis, a top executive at AECOM, the main contractor for the Central Subway, as well as the America’s Cup, Transbay Terminal, the rebuild of the city’s sewer system, and all the other most lucrative city contracts.

In turn, AECOM kicks down contracts and payouts to a network of political supporters that will ensure that the project gets built, such as Chinatown Community Development Center, which signed an $810,000 contract in December to support the Central Subway in unspecified ways right before CCDC and its director Gordon Chin provided crucial support for getting Lee into the Mayor’s Office, where he can ensure the Central Subway project remains on track.

Yes, it’s just that crass and obvious. And it isn’t even about politics. Hell, Baylis is a Republican from Los Angeles, despite his meddling in San Francisco’s political affairs by sponsoring the Alliance for Jobs and Sustainable Growth and other groups that will be doing independent expenditures on behalf of Lee this fall, trying to tell us that “it’s all about civility.”

No, it’s about money and it’s about power, straight up. The Central Subway is really more of a gravy train than a sensible transit project, but that’s just how business is being done at City Hall these days.

One of the people who has long criticized the project – noting how Chinatown would be served far better with surface transit options, at a fraction of the cost – is Tom Radulovich, executive director of Livable City and an elected BART board member. He was heartened to see so many more voices – from the editorials to a recent Civil Grand Jury report to internal audits in the San Francisco Municipal Transportation Agency, which will lose money operating the new system – echoing his concerns.

“There are more people who seem to be sharing my thoughts,” Radulovich said. “It would be good to have a civic debate on this.”

But he’s not confident that will happen, despite the fresh wave of concerns. “There’s a lot of stuff that looks like planning that has gone into justifying this,” he said. “When the political culture of City Hall and the planning culture come together, this is what you get.”

 

Full text of WSJ article:

Off the San Francisco Rails

Tony Bennett may have left his heart in San Francisco, but the politicians who contrived the city’s Chinatown subway project must have left their brains somewhere else. The subway is a case study in government incompetence and wasted taxpayer money.

P.S. The Obama Administration is all for it.

Former Mayor Willie Brown sold a half-cent sales tax hike to voters in 2003 to pay for the 1.7-mile line on the pretext that the subway would ease congestion on Chinatown’s crowded buses, but he was more interested in obtaining the political support of Chinatown’s power brokers. In 2003, the city estimated the line would cost $647 million, but the latest prediction is $1.6 billion, or nearly $100 million for each tenth of a mile.

Transportation experts say the subway’s design is seriously flawed and that improving the existing bus and light-rail service would make more sense. The subway misses connections with 25 of the 30 light-rail and bus lines that it crosses, and there’s no direct connection to the 104-mile Bay Area Rapid Transit line or to the ferry.

Commuters will have to travel eight stories underground to catch the train and walk nearly a quarter of a mile to connect to the Market Street light-rail lines—after riding the subway for only a half mile. Tom Rubin, the former treasurer-controller of Southern California Rapid Transit District, calculates that taking the bus would be five to 10 minutes faster along every segment.

The city’s metro system, which is already running $150 million operating deficits, isn’t likely to have the money to keep the subway running in any case. Last month the San Francisco Civil Grand Jury, a watchdog group, warned that the subway’s costs “could stretch the existing maintenance environment [of the metro system] to the breaking point” and will defer the purchase of a new communications system.

Alas, San Francisco will likely drag national taxpayer money into the bay too. The city has applied for a multiyear $942 million “full funding grant agreement” from the Federal Transit Administration (FTA) to cover 60% of its capital costs. In 1964 Congress created a back-door earmark program called “New Starts” to subsidize local transportation projects. The FTA rates and recommends projects for grants, and Congress usually rubber-stamps its recommendations.

In January 2010, Transportation Secretary Ray LaHood modified the grant criteria by adding environmental and communal benefits and minimizing cost-effectiveness. The change effectively means that any project can get federal funding as long as its sponsors claim they’re moving cars off the road.

“Measuring only cost and how fast a project can move the most people the greatest distance simply misses the boat,” Mr. LaHood wrote in January 2010 on his Fast Lane blog. “Look, everywhere I go, people tell me they want better transportation in their communities. They want the opportunity to leave their cars behind . . . And to enjoy clean, green neighborhoods. The old way of doing things just doesn’t value what people want.” We’re told Mr. LaHood is smarter than he sounds.

The FTA has given the Chinatown subway one of its highest project ratings, which virtually assures a full funding grant agreement. Once the city receives such an agreement, the feds are obligated to provide whatever funds they promise. The FTA won’t approve the agreements until the fall, so there’s still hope that someone wises up and nixes the project. Oh, and if Congress is looking for discretionary programs to cut, New Starts would be a good start.

Advocates aim to change youth sentencing of life without parole

Christian Bracamontes was 16 years old and had never been in trouble with the law when he made a decision that landed him in a California prison, serving out a sentence of life without parole.

He was part of a tagging crew, and he and a friend had gone down to a wash to hang out and do graffiti. When his friend showed him that he had a gun in his bag, he was surprised. A group of kids came down to the wash and offered to sell them weed, but they refused. Then his friend got an idea. 

“He said to me, do you want to rob them? I said, ‘I don’t care,'” Bracamontes told an interviewer with Human Rights Watch years later. He trailed behind his friend as he approached the kid who’d offered to sell them drugs, but things did not go as planned: The victim threatened to kill them. Bracamontes figured the bluff had been called, and he turned to get his bike so they could leave. But then his friend fired the gun.

Bracamontes was found guilty of first degree murder and sentenced to life without parole. The prosecutor offered a lower sentence of 16-to-life if he accepted a plea deal, but he refused, since he could not fathom how he could possibly be found guilty when he wasn’t the one who pulled the trigger.

His story was one of many profiles included in a Human Rights Watch report titled, “When I Die, They’ll Send Me Home,” an in-depth analysis of California youth serving life sentences without parole. According to that 2008 study, an estimated 45 percent of youth offenders serving that sentence were convicted of murder, but didn’t physically pull the trigger. The convictions reflect a California law that holds youth responsible for a murder that occurs when they were part of a felony, even if they didn’t plan for it to happen. In nearly 70 percent of the cases surveyed by Human Rights Watch, youth didn’t act alone in their crimes, and at least one codefendant was an adult.

A broad statewide coalition of youth advocates and human rights organizations is now pushing for legislation that they hope will give youth in these circumstances a second chance to turn their lives around. Senate Bill 9, dubbed California Fair Sentencing for Youth, would make it possible for youth serving life without parole to petition for a court to review their case and determine whether to impose a lower sentence.

The legislation would permit up to three hearings after 15, 20, and 25 years of incarceration, and the minimum time that someone would have to serve before they could be granted parole is 25 years. Only inmates who exhibit signs of rehabilitation and remorse would be able to submit a petition for a case review. If resentenced, the offenders would still have to go before a parole board to prove that they deserve to be placed on parole.

According to Human Rights Watch, international human rights law prohibits life without parole for youth — and the United States is the only country that imposes this sentence in practice, though other countries have laws on the books permitting it.
 
“All of the organizations and literally thousands of individuals come to this with the idea that this extreme sentence is not a sentence we should be imposing on people who are under the age of 18,” Elizabeth Calvin of Human Rights Watch told the Guardian. Since Human Rights Watch released its national and statewide studies of the issue in 2005 and 2008, she said, “There’s more awareness nationally that our juvenile justice policies of lock them up and throw away the key are failing. It really is worthwhile to give young people a second chance.” Dozens of human rights, civil liberties, and faith-based organizations have pushed to pass the bill, with efforts beginning several years ago.

In California, roughly 300 people who were sentenced when they were minors are serving sentences of life without parole, representing around 12 percent of the estimated 2,500 incarerated individuals in the nation who serving out the same sentence.

Calvin described the bill as legislation that “balances the needs and interests of victim family members who believe that there are some cases that deserve life without parole.” She noted that the bill faced strong opposition from law enforcement and groups of victim family members, though certain individuals in those same communities have voiced support for SB 9. “We’re hopeful, but it’s definitely an uphill battle,” she said.

The Assembly Appropriations Committee will vote on SB 9 on Aug. 17, and if it clears that hurdle, it will go onto the full Assembly. The bill was authored by Sen. Leland Yee, with principal coauthors Darrell Steinberg (D-Sacramento) and Juan Vargas (D-Chula Vista), and co-authors Assemblymembers Felipe Fuentes (D-Arleta) and Bonnie Lowenthal (D-Long Beach).

“SB 9 is not a get-out-of-jail-free card; it is an incredibly modest proposal that respects victims, international law, and the fact that children have a greater capacity for rehabilitation than adults,” said Yee, who is also a child psychologist and a candidate for mayor. Research has shown that brain maturation continues throughout adolescence, so young people’s abilities to plan, make decisions, and think critically are not yet fully developed.

“It’s a pretty modest bill,” says Sue Burrell, a staff attorney with the San Francisco-based Youth Law Center. “It’s a pretty intense process even to get a hearing, and to be in a position where you could be released.”

She added that her organization has been engaged in similar work for years. “We’ve been very concerned about the adultification of kids,” she said. “You can’t decide when someone’s so young that … they could never move beyond this phase of their lives.” Many of the cases that land youth in prison without parole are similar, Burell said. “The classic scenario is, they’ll go out and do some low-level thing … but then it turns out that one of the buddies has a knife or a gun. And the rest is history.”

Environmentalists: America’s Cup not green enough

A preliminary planning document for the America’s Cup doesn’t go far enough to protect San Francisco’s natural environment, a coalition of environmental organizations has said.

The Environmental Council — made up of a group of nonprofits including the Sierra Club, San Francisco Baykeeper, Turtle Island Restoration Network, the Dolphin Swimming and Boating Club, and others closely tracking planning for the America’s Cup — were gearing up to offer feedback to the San Francisco Planning Commission Aug. 11 on a hefty draft environmental impact review (DEIR) of the prestigious yachting event’s impacts on marine life, air quality, and parklands.

The draft EIR “does not go far enough to protect San Francisco’s air, water, and marine life,” said Teri Shore of the Turtle Island Restoration Network. She advocated for requiring vessels to use the cleanest possible fuels and to travel at slow speeds so as not to collide with dolphins, porpoises, seals, sea lions, or whales once outside the Golden Gate.

Ken Coren, Vice President of the Dolphin and Swimming Club, voiced concerns about the effects the race would have on swimming and recreational boating. “The bay would be sealed off — it would only be spectator viewing,” he said. Activities like swimming around Aquatic Park or entering the bay on rowboats “would be prevented if you were going to take the EIR as it stands today at its word.”

Jon Golinger, president of the Telegraph Hill Dwellers, said the report “dramatically underestimates the impact” to individual San Francisco neighborhoods.

http://www.youtube.com/watch?v=BngNbTCUcM8
Jon Golinger speaks at a press conference on the steps of City Hall. Video by Rebecca Bowe

Jennifer Clary, of San Francisco Tomorrow, said the groups’ concerns centered on three key areas: Impacts to the water, such as the potential for oil spills or degraded water quality; impacts that huge crowds would have on surrounding lands, especially in protected areas such as the Presidio; and neighborhood impacts. “You have already busy locations, and they’re going to packing more people in,” she said.

While they raised concerns, the nonprofit representatives also made it clear that they were not opposed to the America’s Cup, and only wanted to see the city strengthen environmental protections during the event. David Anderson, Conservation Committee Chair with the Golden Gate Audubon Society, noted that the world-famous regatta would result in a major economic boon. “Certainly the city can afford some mitigation to make it right,” he said.

The man, the myth, the legend

0

LIT To comics cognoscenti, Grant Morrison is something of a superhero himself. He is the scribe behind such subversions of comics convention as the avant-garde super team adventures of Doom Patrol and the confoundingly, sinisterly cartoonish Seaguy. But he’s also taken on the heavy hitters, from Batman to the X-Men, winning new fans and pissing off purists in the process.

In his new venture into prose nonfiction, Supergods: What Masked Vigilantes, Miraculous Mutants, and a Sun God from Smallville Can Teach Us About Being Human, Morrison presents what he calls “a personal overview of the superhero concept from 1938 until the present day.” In some ways, it’s a mystifying text, tumbling as it does between cultish history, autobiography, and the pop philosophy suggested by its title. Undoubtedly a labor born of immense passion, Supergods gives the impression of a transcribed walking tour through the Hall of Justice, narrated by an obsessively knowledgeable fanboy-made-good.

The work is founded on the conceit that superheroes are manifestations not only of mythic principles (shades of Joseph Campbell) but of thoroughly utopian humans. Morrison posits this as a reason that the superhero genre has endured decades of changing public sentiment, and he furthermore wholeheartedly endorses it as a metaphysical truth. Stories are real in themselves, he concludes — “the paper skin of the next dimension down from our own.”

Morrison’s text is organized chronologically, taking as its starting point the blistering novelty of Superman’s first appearance in 1938’s Action Comics No. 1. Morrison dissects the subliminal symbolism of its cover with shamanic wisdom, and goes on to contrast Superman with his eternal counterpart, Batman. From there, he embarks upon a whirlwind of descriptions of the editors, artists, and writers who shaped the form, from the rough visionary mythos of Jack Kirby to the psychoanalytic preoccupations of Superman editor Mort Weisinger. Morrison’s accounts of their works are ecstatic, often deconstructing the minutiae of the comics page to get at the effects these sacred texts had on young contemporary readers; the descriptions become weirdly, repetitiously formal as Morrison details each creator’s transcendent improvement over his predecessors.

Woven throughout this historical review are anecdotal references to Morrison’s youthful encounters with superhero comics, as a child of Scottish pacifists living in constant fear of the bomb. But as the narrative catches up to his earliest work as a comics writer and artist, the content resolutely shifts towards his feverish autobiographical account of adolescent displacement and punk-influenced experimentation. Suddenly Supergods is about Grant Morrison, the writer-as-superhero-as-human. From here on out, he is inextricably bound to even the historical portions, as he becomes a major player in DC and Marvel superhero comics.

After Morrison experiences visions in Kathmandu that reveals to him the 5D nature of reality, and writes himself into a comic to become “semifictional,” his perspective changes radically. Morrison definitely gets that each reader’s mileage may vary as to the real source of his “magical” visions, but he insists on their symbolic usefulness in understanding that fictional universes are just as real as ours, and can translate into inspiration for real change.

Morrison makes no effort to separate his personal philosophy from his narration of comics history, tending towards polemic in the book’s second half. The observations about superheroes are generally brilliant, as one would expect from Morrison’s fantastic comics output, but the book’s structural inconsistency and forced New Age-y conclusions are a bit disappointing. The book works as yet another profession of Morrison’s love for superheroes as a form of life-changing magic, but it’s neither a complete history nor a coherent statement of how to make superheroes work for you, self-help style. But it makes you desperately want to read the books he describes, and perhaps that’s enough. 

 

GRANT MORRISON


Fri/5, 7 p.m.
Book Passage
51 Tamal Vista, Corte Madera
www.bookpassage.com

All-ages signing, Sat/6, 2-5 p.m., $28 (includes copy of Supergods) 

Supergods celebration, Sat/6, 8 p.m.-midnight, $40 (includes copy of Supergods)

Isotope

326 Fell, S.F.

www.isotopecomics.com

Replacing the Concourse

4

news@sfbg.com

In one of the few remaining San Francisco neighborhoods untouched by gentrification, there is a proposal to demolish the Concourse Exhibition Center and replace the quintessential Showplace Square building with a market-rate residential project, which the developer says will be rental apartments.

This is the first major project in the new Eastern Neighborhoods Plan that will change the light industrial neighborhood where brick and mortar meet interior design, raising questions about whether the development would be sustainable, transit-oriented, and family-friendly.

Home to annual events like the Green Festival and the KPFA Craft Fair, the Concourse is where mom and pop vendors share their wares in an affordable venue — one of the few remaining in the city.

“Since ’96,” recounted Alan Van De Kamp, director of sales for the Green Festival, “they’ve been trying to sell it, to tear it down. You never know from year to year … You imagine at some point, somebody’s gonna say it’s time.”

Though nothing has been approved, the current proposal by developer and Concourse owner Bay West Development, first introduced in 2000, has come the farthest yet. The project will be considered for approval by the Planning Commission once the environmental review process is complete, which could take up to six months. Public comments on the project will be accepted until August 8.

The proposed project contains two sites, one at 801 Brannan Street and one at 1 Henry Adams Street, which would result in a total development of up to 674 residential units, 43,037 square feet of retail space, and 673 parking spaces. Under the city’s inclusionary housing laws, 221 of those units would be affordable (71 to be built on site and 150 dedicated to the city for development). Of the total parking spaces, 166 spaces would replace existing parking spots at the site.

Bay West, developer of the San Francisco Design Center, has owned the Concourse building for 30 years and wants to demolish and rebuild as part of the Eastern Neighborhoods Rezoning and Area Plans, the blueprint for development in a part of the city dominated by working class residents.

That controversial plan was in development for years, during which there was a moratorium on approval of large projects, and it was finally adopted in 2008. It was created to redevelop The Mission, Showplace Square/Potrero Hill, East SoMa, and the Central Waterfront — 7 percent of the city’s 47 square miles — over 20 years.

“It’s our feeling that the building itself is beyond its use as an exhibit hall and we’re replacing it with housing units,” said Sean Murphy, a partner at Bay West.

The Planning Commission heard the draft Environmental Impact Report for the proposal on July 28. At the hearing, the commissioners expressed interest in seeing the progression of the development, but not all were convinced.

“There is a certain amount of vagueness,” said Commissioner Kathrin Moore. “This EIR is ultimately tempered by the strong policy issues that underlie building in the Eastern Neighborhoods and at this moment I don’t quite see that.”

The proposal has left some questions unanswered, such as, where will the small vendors go to sell their wares? Bay West has suggested exhibition halls like the Cow Palace or Moscone Center, but Green Festival organizers say that isn’t realistic for everyone. “We would lose some of our vendors if we went to Moscone,” said Van De Kamp. “There’s some people that can’t come. A lot of the green economy is about mom and pops. They can’t afford it.”

Sue Hestor, a land-use attorney who opposes the development, asked vendors who use the Concourse how important leaving the center would be. “For a lot of people,” she said, “it meant the difference for them being viable or not.”

It would be a major challenge to move, said Robbie Kowal, the co-director of Sea of Dreams, a huge party and concert that will hold its seventh annual celebration this New Years Eve at the Concourse. “There’s the Cow Palace, and the Design Center, but it’s not that big, not a place where you can put a proper concert on one side and a multitude of different kinds of spaces [on the other]. The Sea of Dreams’ success is attributable to the proper use of the Concourse.”

With 125,000 square feet of space that can be split into its west and east halls and a mezzanine, the Concourse building has catered to annual festivals and events for more than 20 years, holding as many as 6,800 people at once.

“There’s room for so many different communities in there. We love our home,” said Kowal. “It’s a really unique and wonderful space.”

The redwood frame of the Concourse, accented by glass fronts that allow for natural lighting, used to be a furniture mart and then a fashion and jewelry mart before it was an event center. The project proposal’s architect, David Baker and Partners, has already designed many of the new buildings in Showplace Square.

Bay West isn’t worried about where the Concourse shows will go. “Most of our shows use less than 20,000 square feet,” said Murphy. “The larger shows would go to the 100,000 square foot San Mateo County Event Center.”

Tony Kelly of the Potrero Boosters Neighborhood Association says the intention of the plan is to reduce the light industrial area by zoning more of it for residential uses, protecting only about half of it and converting the remainder.

“This is an area where we don’t have enough parks, or transit. The project would double the population, and we don’t have enough new infrastructure to handle it,” he said. “It’s essentially a ticking time bomb that the city’s going to have to get a handle on at some point, or these residents are going to be miserable.”

Though the project would create at least an acre of publicly accessible open space, some residents wonder if it’s enough, and the concern about insufficient transit remains.

“It seems to me that once again there is too much parking near a freeway entrance, inadequate transit that is not likely to improve significantly once the Transit Effectiveness Project [a city plan for improving Muni service] is implemented,” said activist Sue Vaughan, who rides her bike at least part way during her commute from the Richmond District to REI at 840 Brannan Street for work.

“This is exactly the kind of place that attracts (commuters),” said Hestor. “There’s too much parking. There’s crappy transit. It totally undermines any idea of sustainable development.”

But at the commission hearing, Commissioner Hisashi Sugaya didn’t think Hestor’s argument had merit. “Parking is not an environmental impact as far as the city is concerned,” he said.

Vaughan says that Muni managers have been absent from several development meetings in the Eastern Neighborhoods area. “No one from Muni was represented on this panel discussion about the Sustainable Communities Strategy,” she said, referring to a July 6 meeting convened by the Planning Department to discuss the importance of building housing next to accessible transit.

The Concourse is scarcely accessible by bus lines 10 and 19, but with a growing population in Showplace Square, it wouldn’t be enough, says Vaughan. “We’re moving forward with all these projects with lots of parking near freeway entrances, which makes it seems like SF is becoming a bedroom community for Silicon Valley. You have an impact on Muni when that happens. With more cars, there’s more congestion for buses.”

Bay West argues that the apartments it plans to build at the Concourse site would be “workforce housing” with less than 1:1 parking (actual parking would work out to .79:1 at the 801 Brannan site and .64:1 at the One Henry Adams site). More than 40 percent of the units would be larger two-bedroom units intended for families.

Yet Kelly says that that by offering the apartments at market rates, none are appropriate for new families. “For all the talk about keeping families here, then how come we’re not building family housing?”

It’s a max-out project, says San Francisco architect Dick Millet, of the Potrero Boosters Neighborhood Association. “In the end, under their breath, they’re all going to say, I wouldn’t live there myself.”

Non-accidental tourist

0

le_chicken_farmer@yahoo.com

CHEAP EATS It’s an interesting experience to be a tourist in one’s own town. I recommend it. And I don’t mean showing your visitors to the Golden Gate Bridge and Alcatraz, a big, good dinner, and then going home; I mean sleeping at the hotel with them. Wandering around with a confused expression on your face, asking silly questions, and wearing funny clothes are optional, but encouraged.

Hedgehog is allergic to cats and Stoplight pretty much is one. For me, the decision was easy. As much as I enjoy sleeping with my cute little kitty all tangled in my hair and trying between four and five every morning to scratch out my eyeballs, I prefer the sensation of soft, warm, human skin, along with some other advantages such as sex, intelligent conversation, and sleep.

Hedgehog being for the most part a human being, I subletted my place and puss a little earlier than I had to, and went with her.

One night we stayed at the Edwardian on Market and Gough. This is not my new favorite hotel, but on the plus side it put me in a position to eat three things I might not have otherwise eaten, including a bowl of Italian wedding soup from Caffé Trieste across the street.

As far as I know, there are no other kinds of wedding soup beside the Italian kind. It has, traditionally, escarole in it, and tiny meatballs, in a chicken broth with celery and onions. Some wedding soups also contain pastine, which is both little tiny pasta similar to orzo, and one of my cousins in Ohio.

The Leone family recipe never had pasta in it. Nor did the Rubino family recipe. Maybe because both of my Grandmas came from the same li’l village in Italy. They made, instead, these dense cheesy eggy spongey croutons we called cheesies. And if you ever are lucky enough to have a holiday dinner with any one of my siblings, but especially Maria, there will be wedding soup with cheesies.

I have never had it at a wedding.

But then again, I have never had a wedding. If I do, there will be wedding soup like this, and that will be all I need to know. I personally can’t stop eating it once I start.

Except at a restaurant because then you’re at a restaurant. And if I don’t change the subject soon, this will be a restaurant review, which won’t exactly do. So let me tell you what we watched on television at the Edwardian Hotel that night.

The San Francisco Giants, and the San Jose Giants, who were playing two different teams on two different channels — and at my apartment there isn’t even a TV, so take that, Stoplight.

Tourism 1, Stoplight 0.

I’m just kidding. Before the game(s), we went to Sushi Zone for an early dinner. We got there at 5:30, before the masses, and sat right down at the counter. The place is, of course, miniscule. Two booths and maybe six or eight seats at the bar. By six there was a waiting list, and people were bringing their knitting and pitching tents on the sidewalk.

Can I tell you how smug we felt? Sitting and eating our early-bird dinner? So smug that I almost hated us . . . but loved the worms. Truly, this is top-shelf sushi.

Hedgehog had the baked mussel appetizer, which had mayonnaise in it, so I passed on that and ate a salad. Everything sushi-y that we had was fantastic, including regular old saba, but the show stopper was tuna with mango and something else.

It was the mango and wasabi combination that caught Hedgehog’s attention, and then mine when she showed it to me. I am always looking for new taste sensations and good, ripe mango with wasabi on it — not to mention the fish and ginger and everything — really floated my boat. This carried me over, happinesswise, until our late dinner, which occurred out of nowhere on our way back to the hotel, but we’ll all have to wait until next week, cause I’m out of inches.

For at least 20 minutes, my new favorite restaurant was:

SUSHI ZONE

Mon.-Sat. 5-10 p.m.

1815 Market, S.F.

(415) 621-1114

Beer and wine

Cash only

Music Listings

0

Music listings are compiled by Emily Savage. Since club life is unpredictable, it’s a good idea to call ahead or check the venue’s website to confirm bookings and hours. Prices are listed when provided to us. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Picks.

 

WEDNESDAY 3

ROCK/BLUES/HIP-HOP

Carolyn Wonderland Cafe Du Nord. 9:30pm, $15.

DNTEL, One Am Radio, Geotic Rickshaw Stop. 8pm, $10-$12.

Early and Often, Goodriddler, Build Us Airplanes Bottom of the Hill. 9pm, $8.

Midnite Snaxx, Veronica Hemlock Tavern. 9pm, $5.

Proclamation, Sanguis Imperem, Pale Chalice Elbo Room. 9pm, $10-$12.

This is Hell, Decoder, Endwell, Until Your Heart Stops Thee Parkside 8pm, $10.

JAZZ/NEW MUSIC

Cat’s Corner with Nathan Dias Savanna Jazz. 9pm, $10.

Cosmo Alleycats Le Colonial, 20 Cosmo, SF; www.lecolonialsf.com. 7pm.

Dink Dink Dink, Gaucho, Michael Abraham Amnesia. 7pm, free.

Jazz organ party with Graham Connah Royal Cuckoo, 3202 Mission, SF; www.royalcuckoo.com. 7:30pm, free.

Ben Marcato and Mondo Combo Top of the Mark. 7:30pm, $10.

Curtis Salgado Biscuits and Blues. 8 and 10pm, $18.

DANCE CLUBS

Booty Call Q-Bar, 456 Castro, SF; www.bootycallwednesdays.com. 9pm. Juanita Moore hosts this dance party, featuring DJ Robot Hustle.

Buena Onda Little Baobab, 3388 19th St, SF; (415) 643-3558. 10pm, free. Funk, swing, rare grooves, and more with Dr. Musco and guests.

Mary Go Round Lookout, 3600 16th St, SF; www.lookoutsf.com. 10pm, $5. Drag with Suppositori Spelling, Mercedez Munro, and Ginger Snap

No Room For Squares Som., 2925 16th St, SF; (415) 558-8521. 6-10pm, free. DJ Afrodite Shake spins jazz for happy hour.

 

THURSDAY 4

ROCK/BLUES/HIP-HOP

AXXONN, En, Holly Herndon Hemlock Tavern. 9pm, $7.

A Decent Animal, Bitter Honeys Cafe Du Nord. 9pm, $10.

Exhumed, Macabre, Cephalic Carnage, Withered Slim’s. 8pm, $16.

Flexx Bronco 330 Ritch. 9pm, $8.

Halden Wofford and Hi Beams Amnesia. 9pm, $7.

Hydroponic, Agent Deadlies, Over the Falls Bottom of the Hill. 9pm, $8.

Texas Thieves, Unko Atama, Paper Bages Knockout. 10pm, $7.

Tornado Rider, Phenomenauts, Judgement Day Great American Music Hall. 8pm, $14.

Wailers, Revival Sound System Independent. 9pm, $25.

JAZZ/NEW MUSIC

Jazz organ party with Graham Connah Royal Cuckoo, 3202 Mission, SF; www.royalcuckoo.com. 7:30pm, free.

Tom Lattanand, Jon Raskin Quartet El Valenciano, 1153 Valencia, SF; (415) 826-9561. 9pm, $5.

DANCE CLUBS

Afrolicious Elbo Room. 9:30pm, $5. Afrobeat, Tropicália, electro, samba, and funk with DJs Pleasuremaker and Señor Oz.

Guilty Pleasures Gestalt, 3159 16th St, SF; (415) 560-0137. 9:30pm, free. DJ TophZilla, Rob Metal, DJ Stef, and Disco-D spin punk, metal, electro-funk, and 80s.

1984 Mighty. 9pm, $2. The long-running New Wave and 80s party features video DJs Mark Andrus, Don Lynch, and celebrity guests.

PAWAS, Clint Stewart, Atish and Mark Slee, Dheeraj Sareen, Jamaica Suk Public Works. 10pm, $5-$7. Electronic dance music.

Shit Robot DJ Set Rickshaw Stop. 10pm, $7.

Thursday Special Tralala Revolution Café, 3248 22nd St, SF; (415) 642-0474. 5pm, free. Downtempo, hip-hop, and freestyle beats by Dr. Musco and Unbroken Circle MCs.

Tropicana Madrone Art Bar. 9pm, free. Salsa, cumbia, reggaeton, and more with DJs Don Bustamante, Apocolypto, Sr. Saen, Santero, and Mr. E.

 

FRIDAY 5

ROCK/BLUES/HIP-HOP

Bastard Noise, Landmine Marathon, Voetsek, Hosebeast Sub/Mission, 2183 Mission;www.sf-submission.com. 8pm, $10.

Brass Tax Amnesia. 9pm, $5.

Rick Estrin and Nightcats Biscuits and Blues. 8 and 10pm, $20.

La Corde, Ggreen,Waldo Astoria Hemlock Tavern. 9:30pm, $7.

Mirah, Tara Jane O’Neil El Rio. 9pm, $5-$10.

Mr. Big Fillmore. 9pm, $35.

Mustache Harbor, Private Idaho Slim’s. 9pm, $15.

New Monsoon, Sean Leahy and Friends, Kiyoshi Foster with late night set by New Monsoonageddon Great American Music Hall. 9pm, $15.

Pollux, Cure for Gravity, Repeat After Me Bottom of the Hill. 10pm, $10.

True Mad North, Red Weather, City Tribe, MilesCountry Hotel Utah Saloon. 8:30pm, $8.

JAZZ/NEW MUSIC

Black Market Jazz Orchestra Top of the Mark. 9pm, $10.

Rick Estrin and Nightcats,Little Charlie Baty Biscuits and Blues. 8 and 10pm, $20.

Jazz organ party with Graham Connah Royal Cuckoo, 3202 Mission, SF; www.royalcuckoo.com. 7:30pm, free.

Vaughan Johnson Jazz Combo Jack’s Club, 2545 24th St., SF; (415) 641-1880. 7pm, free.

DANCE CLUBS

Afro Bao Little Baobab, 3388 19th St, SF; (415) 643-3558. 10pm, $5. Afro and world music with rotating DJs including Stepwise, Steve, Claude, Santero, and Elembe.

Duniya Dancehall Bollyhood Cafe, 3372 19th St., SF; www.duniyadance.com. 10pm, $5-$10. Bangra, Bollywood, and West African dance.

Oldies Night Knockout. 9pm, $2-$4. Doo-wap, one hit wonders, and soul with DJ Primo, Daniel and Lost Cat.

120 Minutes Elbo Room.10pm, $5-$10. With Resident Djs Whitch and Nako plus special guest Nike 7UP.

Steffi, Mike Huckaby, Beautiful Swimmers, Lovefingers Public Works. 9pm, $10-$15.

Vintage Orson, 508 Fourth St, SF; (415) 777-1508. 5:30-11pm, free. DJ TophOne and guest spin jazzy beats for cocktalians.

 

SATURDAY 6

ROCK/BLUES/HIP-HOP

Justin Ancheta Amnesia. 10pm, $30.

Annie Bacon and Her Oshen Riptide. 10 and 11:15pm, free.

Cast of Thousands featuring Brady Kids String Players, Kindness and Lies, Tremor Low Cafe Du Nord. 9:30pm, $10.

Dredg, Trophy Fire, Strange Vine Great American Music Hall. 8pm, $20.

Dub Fillmore Festival Gene Suttle Plaza and Fillmore Center, Fillmore and O’Farrell; www.dubfillmorefest.com. 10am, free.

Mickey Hart Band Independent. 9pm, $30.

Moenia Fillmore. 9pm, $35.

Oakhelm, Walken, Negative Queen El Rio. 10pm, $7.

San Francisco Rock Project Amoeba. 2pm, free.

San Frandelic Summer Fest Thee Parkside. 2pm, $12.

Sioux City Kid, Kill Moi, Tiny Television Bottom of the Hill. 10pm, $10.

Torche, Big Business, Thrones Slim’s. 9pm, $15.

Wet Illustrated, Angora Debs, Dimples Hemlock Tavern. 9pm, $5.

WomenROCK’s Fifth Anniversary Celebration Box Factory,865 Florida, SF; (415) 637-6870. 2pm, free.

JAZZ/NEW MUSIC

Bonjour, Tristesse St. Gregory of Nyssa Episcopal Chuch, 500 De Haro, SF; www.pacificcollegium.org. 8pm, $10-$30.

Jazz organ party with Graham Connah Royal Cuckoo, 3202 Mission, SF; www.royalcuckoo.com. 7:30pm, free.

John Weise, C. Spencer Yeh, Bill Orcutt, Pod Blotz Lab, 2948 16th St., SF; www.thelab.org. 9pm, $6-$15.

DANCE CLUBS

Afro Bao Little Baobab, 3388 19th St, SF; (415) 643-3558. 10pm, $5. Afro and world music with rotating DJs including Stepwise, Steve, Claude, Santero, and Elembe.

Bootie SF DNA Lounge. 9pm, $8-$10. Mashups with DJ Paul V, DJ Fox, and John!John!

Club 1994 Rickshaw Stop. 9pm, $10-$15. ’90s hip-hop and TRL classics

Debaser Knockout. 9pm, $5. ’90s alternative dance party with DJ Jamie Jams and Emdee.

ESL Music Showcase Public Works. 930pm, $10-$20. Featuring Nickodemus, Rob Garza, Afrolicious, DJ Sep.

Sanafrica Bollyhood Café. 9pm, $7-10. West African and Latin fusion party with Jose Luis, DJ Nado, and DJ Mignane.

Saturday Night Soul Party Elbo Room. 10pm, $10. Sixties soul 45s with DJs Lucky, Phengren Oswald, and Paul Paul.

 

SUNDAY 7

ROCK/BLUES/HIP-HOP

Bowling for Soup, Dollyrots, Sunderland Bottom of the Hill. 9pm, $15.

Gorilla Takeover DNA Lounge. 5:30pm, $10-$12.

Hipwaders at JAMband Family Festival Park Chalet, 100 Great Hwy., SF; www.parkchalet.com. 3pm, free.

Hurd Ensemble, Ellul Hemlock Tavern. 9pm, $6.

“Jerry Day” Jerry Garcia Amphitheater,40 John F. Shelley, SF; jerryday.org. Noon, free.

Aaron Neville and Quinn Deveaux, Blue Beat Review Stern Grove, 19th Ave. and Sloat, SF; www.sterngrove.org. 2pm, Free.

Kally Price Old Buster Blues and Jazz Band, Emperor Norton’s Jazz Band Amnesia. 9pm, $5.

Twang Sunday with Going Away Party, Creak Thee Parkside. 4pm, free.

YOB, Dark Castle, Hornss Elbo Room. 3pm, $10-$12.

JAZZ/NEW MUSIC

Bonjour, Tristesse St. Gregory of Nyssa Episcopal Chuch, 500 De Haro, SF; www.pacificcollegium.org. 8Pm, $10-$30. A cappella music from the 20th century on.

Jazz organ party with Graham Connah Royal Cuckoo, 3202 Mission, SF; www.royalcuckoo.com. 7:30pm, free.

Matt Schofield Biscuits and Blues. 8 and 10pm, $20.

DANCE CLUBS

Batcave Cat Club. 10pm, $5. Death rock, goth, and post-punk with Steeplerot Necromos and c_death.

Fresh Ruby Skye. 6pm. DJ Kevin Lee and Derek Monteiro. Benefiting Glide Memorial Church.

Dub Mission Elbo Room. 9pm, $6. Dub, roots, and classic dancehall with DJ Sep, Ludichris, and guest Matt Haze.

Jock Lookout, 3600 16th St, SF; www.lookoutsf.com. 3pm, $2. Raise money for LGBT sports teams while enjoying DJs and drink specials.

La Pachanga Blue Macaw, 2565 Mission, SF; www.thebluemacawsf.com. 6pm, $10. Salsa dance party with live Afro-Cuban salsa bands.

Tropical Hot Dog Night Knockout. 10pm, free. Mutant disco and post punk with DJ Placentina, Lady of the Night.

 

MONDAY 8

ROCK/BLUES/HIP-HOP

Adam Arcuragi and Lupine Choral Society, Fancy Dan Elbo Room. 9pm, $7.

Dominique Leone, Horns of Happiness, Aaron Novik/Thorny Brocky Knockout. 10pm, $7.

DANCE CLUBS

Death Guild DNA Lounge. 9:30pm, $3-5. Gothic, industrial, and synthpop with Joe Radio, Decay, and Melting Girl.

M.O.M. Madrone Art Bar. 6pm, free. DJs Timoteo Gigante, Gordo Cabeza, and Chris Phlek playing all Motown every Monday.

Sausage Party Rosamunde Sausage Grill, 2832 Mission, SF; (415) 970-9015. 6:30-9:30pm, free. DJ Dandy Dixon spins vintage rock, R&B, global beats, funk, and disco at this happy hour sausage-shack gig.

 

TUESDAY 9

ROCK/BLUES/HIP-HOP

Timothy Bloom Cafe Du Nord. 9:30pm, $12.

Bombshell Betty and Her Burlesqueteers, Fromagique Elbo Room. 9pm, $10.

Imelda May Independent. 8pm, $20.

Misner and Smith Dastardly Amnesia. 9:30pm, $5.

Tortured Genies,Roomate, Sunbeam Rd Hemlock Tavern. 9pm, $6.

 

Enviro justice groups spar with SFPUC on power program

A Pew Research Center analysis based on the latest U.S. Census data has found that Latino and African American households weathered deeper blows in the economic recession, driving the wealth gap between whites and minorities to an historic high. As things stand under current economic conditions, the Washington Post reports, the median net worth of a white family is now 20 times that of a black family, and 18 times that of a Latino family — roughly twice the gap that existed before the recession, and the biggest gap ever since 1984.

Meanwhile, a report issued yesterday by the Natural Resources Defense Council hit on another alarming trend, outlining the water-related challenges coastal cities will face as climate change takes its toll. The report highlights sea level rise, land erosion, saltwater intrusion, flooding, impacts to fisheries, and more frequent and intense storm events. (That’s to say nothing of wildfires.)

In San Francisco, a small group of environmental justice advocates has been working for the better part of a decade to help craft a municipal energy program with the aim of turning the tide, at least on a small local scale, to promote greater economic equality and fend off the worst impacts of climate change. Advocates from groups such as Global Exchange, the Local Clean Energy Alliance, the Sierra Club, the Brightline Defense Project, the San Francisco Green Party, and others have long envisioned CleanPower SF as a way to bolster local job creation, particularly for people who reside in the city’s low-income neighborhoods. The twin goal of CleanPower SF, also known as community choice aggregation (CCA), is to launch a local response to climate change by offering San Franciscans the option of purchasing clean electricity generated from local, renewable energy sources such as wind and solar.

At a July 26 meeting of the San Francisco Public Utilities Commission (SFPUC) in City Hall, however, it became clear that this overarching vision for the program wasn’t gaining traction with the agency that is tasked with implementing it. As the program inches closer to a review by the Board of Supervisors, advocates have reached an impasse with SFPUC staff as to how the whole endeavor should proceed.

Grassroots advocates raised concerns that the latest proposal for CleanPower SF amounted to a setup for failure, unless there was a concerted effort to plan for robust development of local green-energy sources. While SFPUC staff indicated that the current proposal would result in new jobs at call centers, advocates said more needed to be done to plan for installing local energy-generating sources which could truly bolster local job creation.

Yet SFPUC General Manager Ed Harrington said that what the advocates were asking for wasn’t realistic. He dismissed the original vision for CCA, articulated in a 2007 board-approved ordinance, as “not a realistic goal.” And he spoke in a condescending tone about the grassroots stakeholders, saying, “People saw that they would like green power to be cheaper, and therefore they believed that it was.”

Under the proposal that the SFPUC described to commissioners July 26, monthly electricity rates under CleanPower SF would be at least $7 more than estimated PG&E rates. That’s a key difference from the original draft implementation plan, hammered out in 2007, to “meet or beat” rates offered by the investor-owned utility.

The new proposal has also been scaled down considerably since 2007. As planned, CleanPower SF would contract with Shell Energy North America to begin offering 30 megawatts of 100 percent green power to just 75,000 municipal customers by the spring of 2012. That’s assuming most of the 229,000 residential account holders who will initially be enrolled will opt out; and SFPUC media relations representative Charles Sheehan noted that the full customer base would eventually roll up to the original goal of 340,000 customers. Still, the target at the outset represents just a fraction of the 360 megawatts of power for 340,000 customers originally called for, with a 51 percent renewable energy mix. Under this new scheme, electricity would be purchased through Shell on the open market, with long-term plans to develop local sources but no solid short-term goals for achieving that end.

SFPUC Commissoner Francesca Vietor asserted that SFPUC staff should continue working closely with the grassroots stakeholders and find a way to seriously plan for building local renewable sources, which could ultimately serve to drive municipal rates down and make the program more viable and competitive. “I think local build-out is a really exciting and important opportunity, and a critical piece of the CCA program,” she said.

Commissioners continued the decision on whether to approve parameters for a term sheet and submit it to the full board, pushing the discussion back until September unless a special meeting is called. Several commissioners raised concerns about the financial risk to the city, since the program would have higher rates than PG&E and is designed in such a way that a bulk of power would have to be purchased up front before the agency can determine how many customers will opt out.

“I was actually glad to hear a lot of commissioners raise a lot of concerns, especially about the financials,” Eric Brooks, a long-time CCA advocate speaking on behalf of the Green Party and an organization called Our City, told commissioners. “The more of a local build-out … the lower your price, and the lower you can get in terms of the risks.”

June Brashares, green energy director at Global Exchange, echoed Brooks’ comments in a telephone interview with the Guardian. “The proposal they’re doing now is really vulnerable,” because the higher rates will make the alternative power program less competitive, she said. “The whole reason for CCA — yes, we want cleaner energy — but the real key is the building of local energy sources to create an economic boost, and local green careers. And that’s not at the core of what the SFPUC is doing.”

This article has been corrected from an earlier version.

Film Listings

0

Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Peter Galvin, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. Due to early Best of the Bay issue deadlines, theater information was incomplete at presstime.

SAN FRANCISCO JEWISH FILM FESTIVAL

The 31st San Francisco Jewish Film Festival runs through August 8 at the Castro, 429 Castro, SF; Christopher B. Smith Rafael Film Center, 1119 Fourth St., San Rafael; Jewish Community Center of San Francisco, 3200 California, SF; Oshman Jewish Community Center, 3921 Fabian Way, Palo Alto; and Roda Theatre at Berkeley Rep, 2025 Addison, Berk. For tickets (most shows $12) and a full schedule, visit www.sfjff.org.

OPENING

Another Earth After serving a prison sentence for a youthful drunk-driving incident that killed two passengers in another car, Rhoda (Brit Marling) emerges no longer a blithe party girl but a haunted loner who prefers working as a high school janitor. Obsessed by her crime, she starts spying on the man it had left widowed and childless, a onetime composer (William Mapother) who like her has retreated into a solitary shell of depression. She finds a way to integrate herself (without revealing her identity) into his threadbare current existence, the two of them bonding over fascination with a newly discovered planet that appears the exact duplicate of Earth — complete with the possibility of our doubles living a parallel existence there. You can take Mike Cahill’s modestly scaled U.S. indie feature (cowritten with actor Marling) as a familiar drama about grief and repentance with a novel gloss of sci-fi, or as a sci-fi story with unusual attention to character emotions and almost no need of fantasy FX. Either way, it’s earnest, well-acted and interesting if not quite memorable; as has been noted elsewhere, the material could have fit just as effectively into a half-hour Twilight Zone episode. (1:32) (Harvey)

*Attack the Block The Goonies go to a South London projects, with more gore, guts, and gumption? With good reason, writer, director, and Edgar Wright/Simon Pegg cohort Joe Cornish’s own project, Attack the Block, has been getting raves at fests for its effortless, energetic originality, discernible through its thick, glottal stop-chomping, Jafaican-draped local brogue. The question posed, ever so entertainingly: what happens when you pit the toughest kids on the block against a ferocious pack of outer-space critters — not quite out to serve man but rather sever him limb from limb? We start out seeing this gang of at-risk, risk-taking youth through the peepers of a vulnerable female mugging victim and neighbor, Sam (Jodie Whittaker)—they seem as scary as any alien invader and she wants to bring down the full force of the law on them. But the pack, led by Moses (John Boyega, who charismatically scowls like a young 50 Cent), has more pressing matters at hand: a mysterious creature has come crashing down from out of the sky, and naturally, being nasty terrors, they kill it, bringing down a intergalactic shit storm of trouble. Their favorite refuge: the top-floor weed room overseen by Ron (Pegg sidekick Nick Frost), where they attempt to suss out why they’ve become the prime prey for wolfish aliens out for blood. Throw in chills, bike chases, a resourceful use of elevators and dumpsters, and an epic, eerie dubstep theme by Basement Jaxx, and you have a very fun horror-thriller that declines to preach but manages to bring home a message reminiscent of Night of the Living Dead (1968). Consider this a whole-hearted, double-fisted antidote to the fearful vigilantism of films like 2009’s Harry Brown. (1:28) (Chun)

Cameraman: The Life and Work of Jack Cardiff See review at www.sfbg.com. (1:30) Balboa.

Cowboys and Aliens Daniel Craig and Harrison Ford star in Jon Favreau’s sci-fi Western. (runtime not available)

Crazy, Stupid, Love Keep the poster’s allusion to 1967’s The Graduate to one side: there aren’t many revelations about midlife crises in this cleverly penned yet strangely flat ensemble rom-com, awkwardly pitched at almost every demographic at the cineplex. There’s the middle-aged romance that’s withered at the vine: nice but boring family man Cal (Steve Carell) finds himself at a hopeless loss when wife and onetime teenage sweetheart Emily (Julianne Moore) tells him she wants a divorce and she’s slept with a coworker (Kevin Bacon). He ends up waxing pathetic at a slick nightclub where he catches the eye of the well-dressed, spray-tanned smoothie Jacob (Ryan Gosling), who appears to have taken his ladies man stance from the Clooney playbook. It’s manly makeover time: GQ meets Pretty Woman (1990)! Cut to Cal and Emily’s babysitter Jessica (Analeigh Tipton), who is crushing out on Cal, while the separated couple’s tween Robbie (Jonah Bobo) hankers for Jessica. Somehow Josh Groban worms his way into the mix as the dullard suitor of Hannah (Emma Stone) in a hanging chad of a storyline that must somehow be resolved in this mad, mad, mad, mad — actually, the problem with Crazy Stupid Love is that it isn’t really that mad or crazy. It tries far too hard to please everybody in the theater to its detriment, reminding the viewer of a tidy, episodic TV series (albeit a quality effort) like Modern Family more than an actual film. Likewise I yearned for a way to fast-forward through the too-cute Jessica-Robbie scenes in order to get back to the sleazy-smart, punchy complexity of Gosling, playing adeptly off both Carrell and Stone. (1:58) (Chun)

Gunless Action comedy about an American cowboy flummoxed by the ways of the Canadian frontier. (1:29)

A Little Help Jenna Fischer stars as a frazzled single mom in this indie comedy. (1:48)

*The Names of Love Arthur (Jacques Gamblin) is a 40-ish scientist being interviewed about the threat of a bird flu epidemic when his radio broadcast is interrupted by 20-something Baya (Sara Forestier), who denounces him on-air as a “fascist” for frightening the public. But then, Baya tends to use that label rather indiscriminately, applying it to anyone who might conceivably have views to the right of the dial — and Arthur is in fact a solid liberal, which means she can bed him for love. As opposed to the many, many other men she beds as a self-described “political whore,” seeking out conservative types in order to seduce them and hopefully induce an idealogical shift by whispering sweet nothings (“Not all Arabs are thieves,” etc.) as they orgasm. Raised by parents whose emotions are so tightly wound his mother won’t acknowledge her parents were Jews killed at Auschwitz, Arthur has a hard time adjusting to a relationship with a lover who is faithful emotionally but sees promiscuity as her propagandic gift to the world. Meanwhile Baya’s largely Algerian family treats garrulous political argument as the very air they breathe. This odd-couple story written by Baya Kasmi and director Michel Leclerc deals with serious issues in both humorous and respectful fashion, making for one of the more novel, delightful and depthed French romantic comedies in a long time. Added plus: lots of antic gratuitous nudity. (1:42) Smith Rafael. (Harvey)

*NEDs There is bleak, and there is Scottish bleak. Weighed down by class and roundly ignored by apathetic institutions, the non-educated delinquent is the star of writer-director Peter Mullan’s wrenching but delightful NEDS (2010), a dark and curiously fanciful tale of youth in the housing estates of 1970s Glasgow. John McGill (Conor McCarron) is a bright and talented student with high hopes for a future at university until abuse by peers and teachers alike leads him down the well worn path of drinking, fighting, and gang life with the Young Car-Ds, his older brother Benny’s (Joe Szula) crew. The quiet John can’t escape the tide of history that society has set him upon and soon he’s joined the fray, abandoning his academic promise for a life of Doc Martens and concealed blades. As J. McGill so eloquently explains: “Youse want a NED? I’ll gie youse a fucking NED!” (2:03) Balboa. (Cooper Berkmoyer)

The Smurfs in 3D You’re welcome, world! Love, America. (1:43)

The Tree A dead man talks to his bereaved family through a fig tree in French director Julie Bertuccelli’s The Tree. In spite of this heavy-handed premise, the film never does what you expect it to. Amid the stark, savage countryside of Australia, Dawn (Charlotte Gainsbourg) and her four kids try to live life without their husband and father. But this proves an especially thorny endeavor since the tree in question seems to be a stubborn, invasive version of him. As in Lars von Trier’s Antichrist (2009), Gainsbourg embodies the role of grieving woman in another overflowingly open performance. Thankfully for us, this time she stays away from the scissors. The sweeping cinematography by Nigel Bluck is lovely to look at, and the young Morgana Davies is inspiring as Dawn’s 8-year-old daughter, Simone. Unlike that other magical realist Tree movie this summer, Bertuccelli’s film can at least be credited for being entirely unpretentious and kind of sweet. (1:40) (Ryan Lattanzio)

*World on a Wire The words “Rainer Werner Fasbinder” and “science fiction film” are enough to get certain film buffs salivating, but the Euro-trashy interior décor is almost reason enough to see this restored print of the New German Cinema master’s cyber thriller. Originally a two-part TV miniseries, World on a Wire is set in an alternate present (then 1973) in which everything seems to be made of concrete, mirror, Lucite, or orange plastic. When the inventor of a supercomputer responsible for generating an artificial world mysteriously disappears, his handsome predecessor must fight against his corporate bosses to find out what really happened, and in the process, stumbles upon a far more shattering secret about the nature of reality itself. Riffing off the understated cool of Godard’s Alphaville (1965) while beating 1999’s The Matrix to the punch by some 25 years, World on a Wire is a stylistically singular entry in Fassbinder’s prolific filmography. (3:32) Roxie. (Sussman)

ONGOING

Bad Teacher Jake Kasdan, the once-talented director of a few Freaks and Geeks episodes and 2002’s underrated Orange County, seems hell-bent on humiliating everyone in the cast of Bad Teacher. Cameron Diaz is Elizabeth, the title’s criminally bad pedagogue who prefers the Jack Daniels method to the Socratic. Her impetus for pounding Harper Lee into her middle school students’ bug-eyed little heads is to cash in on a bonus check to fund her breast-y ambitions and woo Justin Timberlake and his baby voice. The only likable onscreen presence is Jason Segal as a sad sack gym teacher in love with Elizabeth. But he could do so much better. There’s no shortage of racist jokes and potty humor in this R-rated comedy pandering to those 17 and below. When asked if she wants to go out with her coworkers, Elizabeth ripostes, “I’d rather get shot in the face!” That scenario is likely a better alternative than suffering this steaming pile of cash cow carcass. (1:29) (Lattanzio)

Beats, Rhymes & Life Actor Michael Rapaport probably didn’t set out to make a hip-hop Metallica: Some Kind of Monster (2004), but that’s pretty much where his portrait of A Tribe Called Quest ends up. The first half of Beats, Rhymes & Life: The Travels of A Tribe Called Quest is predictably worshipful, slathering on low angles and slow motion to cover mediocre live shows. More effectively, Rapaport traces the Queens group’s brief incubation period and subsequent breakthroughs in what would later be called alternative or, more obnoxiously, conscious hip-hop. A slew of notable followers and contemporaries toast Tribe’s first three albums, but by the time Rapaport catches up to the group’s 2008 reunion even their longtime friends De La Soul are wishing they’d call the whole thing off. The documentary slides into the Monster zone of hurt feelings and passive aggressive behavior in accounting for the group’s split after their inappropriately named 1998 album, The Love Movement. Phife Dawg and Q-Tip are the warring egos, though perennially slighted Phife is really no match for the imperially cool Tip. DJ Ali Shaheed Muhammad is the Kirk Hammett of the outfit, looking on helplessly as the two bigger personalities make a mess of things. There’s still novelty in a story about aging in hip-hop, but Rapaport’s portrait is utterly conventional. He also doesn’t pursue more interesting questions of race and politics that naturally follow the band’s crossover appeal. (1:38) (Goldberg)

*Beginners There is nothing conventional about Beginners, a film that starts off with the funeral arrangements for one of its central characters. That man is Hal (Christopher Plummer), who came out to his son Oliver (Ewan McGregor) at the ripe age of 75. Through flashbacks, we see the relationship play out — Oliver’s inability to commit tempered by his father’s tremendous late-stage passion for life. Hal himself is a rare character: an elderly gay man, secure in his sexuality and, by his own admission, horny. He even has a much younger boyfriend, played by the handsome Goran Visnjic. While the father-son bond is the heart of Beginners, we also see the charming development of a relationship between Oliver and French actor Anna (Mélanie Laurent). It all comes together beautifully in a film that is bittersweet but ultimately satisfying. Beginners deserves praise not only for telling a story too often left untold, but for doing so with grace and a refreshing sense of whimsy. (1:44) (Peitzman)

A Better Life (1:38)

*Bill Cunningham New York 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.” (1:24) (Sussman)

Bride Flight Who doesn’t love a sweeping Dutch period piece? Ben Sombogaart’s Bride Flight is pure melodrama soup, enough to give even the most devout arthouse-goer the bloats. Emigrating from post-World War II Holland to New Zealand with two gal pals, the sweetly staid Ada (Karina Smulders) falls for smarm-ball Frank (Waldemar Torenstra, the Dutchman’s James Franco) and kind of joins the mile high club to the behest of her conscience. The women arrive with emotional baggage and carry-ons of the uterine kind. As the harem adjusts to the country mores of the Highlands, Frank tries a poke at all of them in a series of sex scenes more moldy than smoldery. This Flight, set to a plodding score and stuffy mise-en-scene, never quite leaves the runway. Not to mention the whole picture, pale as a corpse, resembles one of those old-timey photographs of your great grandma’s wedding. These kinds of pastoral romances ought to be put out to, well, pasture. (2:10) (Lattanzio)

*Bridesmaids For anyone burned out on bad romantic comedies, Bridesmaids can teach you how to love again. This film is an answer to those who have lamented the lack of strong female roles in comedy, of good vehicles for Saturday Night Live cast members, of an appropriate showcase for Melissa McCarthy. The hilarious but grounded Kristen Wiig stars as Annie, whose best friend Lillian (Maya Rudolph) is getting hitched. Financially and romantically unstable, Annie tries to throw herself into her maid of honor duties — all while competing with the far more refined Helen (Rose Byrne). Bridesmaids is one of the best comedies in recent memory, treating its relatable female characters with sympathy. It’s also damn funny from start to finish, which is more than can be said for most of the comedies Hollywood continues to churn out. Here’s your choice: let Bridesmaids work its charm on you, or never allow yourself to complain about an Adam Sandler flick again. (2:04) (Peitzman)

Buck This documentary paints a portrait of horse trainer Buck Brannaman as a sort of modern-day sage, a sentimental cowboy who helps “horses with people problems.” Brannaman has transcended a background of hardship and abuse to become a happy family man who makes a difference for horses and their owners all over the country with his unconventional, humane colt-starting clinics. Though he doesn’t actually whisper to horses, he served as an advisor and inspiration for Robert Redford’s The Horse Whisperer (1998). Director Cindy Meehl focuses generously on her saintly subject’s bits of wisdom in and out of a horse-training setting — e.g. “Everything you do with a horse is a dance” — as well as heartfelt commentary from friends and colleagues. In the harrowing final act of the film, Brannaman deals with a particularly unruly horse and his troubled owner, highlighting the dire and disturbing consequences of improper horse rearing. (1:28) Smith Rafael. (Sam Stander)

Captain America: The First Avenger OK, Marvel. I could get behind 2008’s Iron Man (last year’s Iron Man 2, not so much), but after Thor and now Captain America, I’m starting to get cynical about this multi-year build-up to the full-on Avengers movie, due in May 2012. Can even a superhero-stuffed movie directed by Joss Whedon live up to all this hype? There’s plenty of time to ponder, and maybe worry a little, with Captain America’s backstory-explaining picture now in theaters. Chris Evans stars as the 90-pound weakling who morphs into a supersoldier, thanks to the World War II-era tinkerings of a scientist (Stanley Tucci) and an inventor (Dominic Cooper as Howard Stark, a.k.a. Iron Man’s dad). The original plan for the musclebound shield-bearer (fighting Nazis, natch) gets waylaid a bit when the newly famous Captain America becomes a PR prop for the U.S. government; it’s abandoned entirely when a worse-than-Hitler foe, in the guise of power-obsessed Red Skull (Hugo Weaving), threatens the world. Directed by Spielberg cohort Joe Johnston, Captain America is gee-whiz enjoyable enough, but it’s very nearly the same movie as Thor, which no amount of Tommy Lee Jones (as a sarcastic army colonel) wisecracks can conceal. And here’s an anti-spoiler: there’s no post-credits surprise in this one, so you can bolt as soon as they start to roll. (2:09) (Eddy)

Cars 2 You pretty much can’t say a bad thing about a Pixar film. Cars 2 is by no means Ratatouille (2007) or Wall-E (2008), but the sequel to the 2006 hit Cars offers plenty of sleek visuals and one-note gags under its hollow hood. If nothing else, Pixar seems to have overcome the dingy, dark glaze that plagues 3-D films. Directors John Lasseter and Joe Ranft return to beloved autos Lightning McQueen (Owen Wilson) and the “extremely American” Mater (Larry the Cable Guy). This time around, secret agents Finn McMissile (Michael Caine) and Holley Shiftwell (Emily Mortimer) come along for the ride while working to expose sabotage in the alternative fuel industry. Compelling chase sequences, explosions and more than a few jabs at cultural stereotypes follow suit. This is the lightest, silliest Pixar film to date, but you probably don’t have any business seeing it unless you’ve got a kid in tow. (1:52) (Lattanzio)

*Cave of Forgotten Dreams The latest documentary from Werner Herzog once again goes where no filmmaker — or many human beings, for that matter — has gone before: the Chauvet-Pont-d’Arc Cave, a heavily-guarded cavern in Southern France containing the oldest prehistoric artwork on record. Access is highly restricted, but Herzog’s 3D study is surely the next best thing to an in-person visit. The eerie beauty of the works leads to a typically Herzog-ian quest to learn more about the primitive culture that produced the paintings; as usual, Herzog’s experts have their own quirks (like a circus performer-turned-scientist), and the director’s own wry narration is peppered with random pop culture references and existential ponderings. It’s all interwoven with footage of crude yet beautiful renderings of horses and rhinos, calcified cave-bear skulls, and other time-capsule peeks at life tens of thousands of years ago. The end result is awe-inspiring. (1:35) (Eddy)

Empire of Silver Love, not money, is at the core of Empire of Silver — that’s the M.O. of a Shanxi banking family’s libertine third son, or “Third Master” (Aaron Kwok) in this epic tug-of-war between Confucian duty and free will. The Third Master pines for his true love, his stepmother (Hao Lei), yet change is going off all around the star-crossed couple in China at the end of the 19th century and the start of the 20th, and the youthful scion ends up pouring his passion into the family business, attempting to tread his own path, apart from his Machiavellian father (Tielin Zhang). Much like her protagonist, however, director (and Stanford alum) Christina Yao seems more besotted with romance than finance, bathing those scenes with the love light and sensual hues reminiscent of Zhang Yimou’s early movies. Though Yao handles the widescreen crowd scenes with aplomb, her chosen focus on money, rather than honey, leaches the action of its emotional charge. It doesn’t help that, on the heels of the Great Recession, it’s unlikely that anyone buys the idea of a financial industry with ironclad integrity — or gives a flying yuan about the lives of bankers. (1:52) (Chun)

*Friends With Benefits If you see only one romantic comedy this summer about a sex-sans-pair-bonding pact between a girl and a guy saddled with intimacy issues — well, chances are, if you tend to see movies with premises like this, you probably already saw No Strings Attached. In which case, poor unlucky Friends with Benefits may be filed away in your brain as that other movie about fuckbuddies, the one in which Ashton Kutcher is played by Justin Timberlake and Natalie Portman (in a slightly eerie cosmic echo of last year’s Black Swan) is played by Mila Kunis. But if you see two such movies this summer, and admit it, you probably might, you’ll likely agree that FWB kicks NSA‘s booty call, particularly in the areas of scriptwriting ingenuity, pacing, and the casting subcategory of basic chemistry between romantic leads, with points possibly taken off for shark-jumping use of flash mobs and the fact that the maddeningly sticky song “Closing Time” will now be with you from closing credits ’til doomsday. This is not a searing, psychologically nuanced portrayal of two young people’s struggles to grapple with modern-day sexual mores and their own crippling pathologies — rather, the pair’s emotional baggage mostly seems to be stuffed with packing peanuts, and scenes in which they catalog their sexual proclivities in a humorously businesslike, gently raunchy fashion reveal them to be hearteningly adept at the art of communication. But such moments keep us entertained as the film, salted with light jabs at the genre’s worn-down touchstones yet utterly complicit, depicts the inevitable stages of a non-relationship relationship. (1:44) (Rapoport)

The Hangover Part II What do you do with a problematic mess like Hangover Part II? I was a fan of The Hangover (2009), as well as director-cowriter Todd Phillips’ 1994 GG Allin doc, Hated, so I was rooting for II, this time set in the East’s Sin City of Bangkok, while simultaneously dreading the inevitable Asian/”ching-chang-chong” jokes. Would this would-be hit sequel be funnier if they packed in more of those? Doubtful. The problem is that most of II‘s so-called humor, Asian or no, falls completely flat — and any gross-out yuks regarding wicked, wicked Bangkok are fairly old hat at this point, long after Shocking Asia (1976) and innumerable episodes of No Reservations and other extreme travel offerings. This Hangover around, mild-ish dentist Stu (Ed Helms) is heading to the altar with Lauren (The Real World: San Diego‘s Jamie Chung), with buds Phil (Bradley Cooper) and Doug (Justin Bartha) in tow. Alan (Zach Galifianakis) has completely broken with reality — he’s the pity invite who somehow ropes in the gangster wild-card Mr. Chow (Ken Jeong). Blackouts, natch, and not-very-funny high jinks ensue, with Jeong, surprisingly, pulling small sections of II out of the crapper. Phillips obviously specializes in men-behaving-badly, but II‘s most recent character tweaks, turning Phil into an arrogant, delusional creep and Alan into an arrogant, delusional kook, seem beside the point. Because almost none of the jokes work, and that includes the tired jabs at tranny strippers because we all know how supposedly straight white guys get hella grossed out by brown chicks with dicks. Lame. (1:42) (Chun)

*Harry Potter and the Deathly Hallows Part 2 Chances are you aren’t going to jump into the Harry Potter series with Harry Potter and the Deathly Hallows Part 2. So while the movie is probably the best Harry Potter film yet, it’s more a fitting conclusion than a standalone film. For fans of the books, there are no real surprises — this is a close adaptation. And for those Harry Potter movie fans who haven’t read the books, shame on you, and kudos if you managed to not get spoiled. It’s hard for me to offer a serious critical analysis of Part 2, because it represents the end of a long and very emotional journey. (Everyone in that audience was crying. Everyone.) I will say that, as was the case in the book, there are a few overdone, schmaltzy moments that aren’t really necessary. But in the context of the series, they’re forgivable — this may not be the great cinematic event of our generation, but Harry Potter as a whole is sure to be one of our most enduring cultural icons. (2:10) (Peitzman)

Horrible Bosses Lead by a clearly talented ensemble of comic actors, Horrible Bosses is yet another example of a big-budget summer comedy with a promising conceit (see Bad Teacher) that fails to deliver anything but crude alms to the lowest common denominator. Seth Gordon directs Jason Bateman, Jason Sudeikis, and Charlie Day as three pals fed up with their evil employers (Kevin Spacey, Colin Farrell and Jennifer Aniston, respectively) so they hatch a plan to have them killed. Because the answer to their problem obviously lies in a dive bar in the “bad part of town,” Jamie Foxx plays Motherfucker Jones, their murder consultant and the film’s most likable character-stereotype. In the tradition of The Hangover (2009) and its ilk of beer-guzzling, frat-boy cousins, Horrible Bosses is a disastrous pile-up of idiocy that’s more vapid than vulgar despite a few amusing performances. See it for no other reason than Michael Bluth and Charlie Kelly on coke. (1:33) (Lattanzio)

Larry Crowne While Transformers: Dark of the Moon may be getting all the attention for being the most terrible summer movie, I’d like to propose Larry Crowne as the bigger offender. No, it doesn’t have the abrasive effects of a Michael Bay blockbuster, but it’s surely just as incompetent. And coming from an actor as talented as Tom Hanks — who co-wrote, directed, produced, and stars in the film —Larry Crowne is insulting. The plot, insofar as there is one, centers around the titular Larry (Hanks), a man who goes to community college, joins a scooter gang led by Wilmer Valderrama, and ends up falling for his cranky, alcoholic teacher Mercedes (Julia Roberts). The scenes are thrown together hapharzadly, with no real sense of character development or continuity. Larry Crowne doesn’t even feel like a romantic comedy until a drunk Mercedes begins kissing and dry humping her student. But hey, who can resist a shot of Larry’s middle-aged bottom as he tries to wriggle into jeans that are just too small? (1:39) (Peitzman)

Life, Above All It’s tough enough to simply grow up, let alone care for a parent with AIDS and deal with the suspicions and fears of the no-nothing adults all around you. Rising above easy preaching and hand-wringing didacticism, Life, Above All takes as its blueprint the 2004 best-seller by Allan Stratton, Chandra’s Secrets, and makes compelling work of the story of 12-year-old Chandra (Khomotso Manyaka) and her unfortunate family, unable to get effective help amid the thicket of ignorance regarding AIDS in Africa. After her newborn sister dies, Chandra finds her loyalty torn between her bright-eyed best friend Esther (Keaobaka Makanyane), who’s rumored to hooking among the truck drivers in their dusty, sun-scorched rural South African hometown, and her mother (Lerato Mvelase), who listens far too closely to her bourgie friend Mrs. Tafa (an OTT Harriet Manamela), for her own good. Cape Town native director Oliver Schmitz sticks close to the action playing across his actors’ faces, and he’s rewarded, particularly by the graceful Manyaka, in this life-affirmer about little girls forced to shoulder heart-breaking responsibility far too soon. (1:46) (Chun)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) (Harvey)

*Page One: Inside the New York Times When Andrew Rossi’s documentary premiered at Sundance this January, word of mouth on it was respectable but qualified, with nearly everyone opining that it was good … just not what they’d been led to expect. What they expected was (in line with the original subtitle A Year Inside the New York Times) a top-to-bottom overview of how the nation’s most respected — and in some circles resented — arbiter of news, “style,” and culture is created on a day-to-day as well as longer term basis. That’s something that would doubtless fascinate anyone still interested in print media, or even that realm of web media not catering to the ADD nation. But that big picture and the wealth of minute cogs within isn’t Page One‘s subject. Instead, Rossi focuses on the Gray Lady’s wrestling with admittedly fast-changing times in which newspapers and any other information source on paper seem to constitute an endangered species. This particular Times, however, is such a special case that that crisis might better have been explored by training a camera on a less fabled publication, perhaps one of the many that have succumbed to a once unthinkable, market-shrunk mortality in recent years. The film finds its colorful protagonist in David Carr, an ex-crack addict turned media columnist who retains his cranky, nonconformist edge even as he defends the Times itself from the same out-with-the-old cheerleaders who 15 years ago were inflating the dot-com boom till it burst. Facing one particularly smug champion of the blogosphere at a forum, Carr notes that without a few remaining outlets — like the Times — doing the hard work of serious research and reportage, the web would have nothing to purloin or offer but its own unending trivia and gossip. Page One does what it does entertainingly well, but if you’re looking for insight toward this not-dead-yet U.S. institution as a whole, you’d be better off simply picking up this week’s Sunday edition and reading every last word. (1:28) Smith Rafael. (Harvey)

Pirates of the Caribbean: On Stranger Tides The last time we saw rascally Captain Jack Sparrow (Johnny Depp), he was fighting his most formidable enemy yet: the potentially franchise-ending Pirates of the Caribbean: At World’s End (2007). The first Pirates movie (2003) was a surprise critical success, earning Depp his first-ever Oscar nomination; subsequent entries, though no less moneymaking, suffered from a detectable case of sequel-itis. Overseeing this reboot of sorts is director Rob Marshall (2002’s Chicago), who keeps the World’s End notion of sending Jack to find the Fountain of Youth, but adds in a raft of new faces, including Deadwood‘s Ian McShane (as Blackbeard) and lady pirate Penélope Cruz. The story is predictably over-the-top, with the expected supernatural elements mingling with sparring both sword-driven and verbal — as well as an underlying theme about faith that’s nowhere near as fun as the film’s lesser motifs (revenge, for one). It’s basically a big swirl of silly swashbuckling, nothing more or less. And speaking of Depp, the fact that the oft-ridiculous Sparrow is still an amusing character can only be chalked up to the actor’s own brand of untouchable cool. If it was anyone else, Sparrow’d be in Austin Powers territory by now. (2:05) (Eddy)

*Project Nim This is the story of an individual plucked from their native culture even before birth, separated from parents shortly after, handed over to a chaotic if loving urban foster family, yanked from them to a lavish, isolated country estate, then shipped off to a medical experimentation lab, “rescued” only to be placed in prison like solitary confinement, and … well, things finally get a little better, but isn’t this enough abuse for several lifetimes? Before you call Child Services or the ACLU, be informed that this is not the saga of a human being, but one Nim Chimpsky, a chimpanzee born in U.S. captivity, then set on a highly unusual life course as the subject of a study in animal language acquisition by Columbia University linguist Herbert S. Terrace. Nim did indeed prove remarkably adept at learning sign language to communicate with his teachers/minders — even if Terrace finally belittled that as no more than imitation performed to beg food and other favor. Nim was a prodigy, and for a while a media sensation. He was also a temperamental, physically powerful wild beast who could (and sometimes did) cause considerable harm to those around him. Regardless, both his adaptation to human habitats and animal instincts should have been deal with a great deal more care and consistency — there was no overall plan for his well-being beyond serving (or being abandoned by) whoever his keepers were at any given moment. This latest documentary by James Marsh (2008’s Man on Wire, 1999’s Wisconsin Death Trip) is an involving story whose latter-day interviewees — tumbling rather easily into hero and villain categories, with Prof. Terrance not in the first camp — annotate an enormous amount of archival footage shot throughout Nim’s life. (1:33) (Harvey)

*Rapt Colder than cool — and pokerfaced in its perusal of all the angles — this hostage thriller takes as its starting point the real-life 1978 kidnapping of Belgian aristo Baron Edouard-Jean Empain. Slick industrialist Stanislas Graff (Yvan Attal) is smoothly going through the motions of life — preparing for a sojourn to China alongside heads of state, swinging through his gambling den, indulging in an afternoon tryst with a mistress, then heading home to make fatherly noises for the family. Graff’s seamless, impressively precise kidnapping effectively cock-blocks the routine. Fifty million euros is the ransom, and the kidnappers quickly, brutally demonstrate that they mean bidness. Filmmaker Lucas Belvaux tests the tension at home, in the boardroom, among law enforcement, while the ugly details of Graff’s day-to-day life are laid bare by the French tabloids, much like dismembered body parts — and giving off a whiff of the hypocrisies surrounding ex-IMF chief Dominique Strauss-Kahn. More often behind the camera than before it, Attal offers what might be his best performance as the entitled scion reduced to a cowering bag of bones and scar tissue. He’s well-matched by Anne Consigny as his shell-shocked spouse and Alex Descas as his lawyer, as Belvaux efficiently delivers his core query with almost zero melodrama: who’s the more brutal player in this high-stakes game — the so-called terrorists or the cutthroat captains of industry? (2:05) (Chun)

*Road to Nowhere “Legendary” is a term often applied to artists distinguished by either ubiquity or scarcity. Monte Hellman (1971’s Two-Lane Blacktop) definitely falls in the second camp — nearly 80, he’s just made his first feature in 22 years, causing a flurry of interest in the sparse 10 he made during the prior three decades he was, relatively speaking, active — movies hardly anyone saw when they came out since none were more than a blip on the commercial radar. Hellman’s career has largely been off the map — as a director and editor for hire, often fixing problems (like directors who die mid-production) without screen credit. Whether Road to Nowhere qualifies as summary statement or aberration has already divided viewers since its Venice premiere last fall. It’s a hall of mirrors in which a hotshot filmmaker (Tygh Runyan) making a movie about a woman’s apparent real-life murder casts an alluring non-actress (Shannyn Sossamon) whom an insurance investigator (Waylon Payne) and reporter (Dominique Swain) come to suspect might be playing herself — having faked her own death and adopted a new identity. The mix of noir, reality-illusion puzzle, industry in-jokes, film history name-dropping (as well as archival clips), uneven performances, sometimes stilted dialogue, brief startling violence, and handsome compositions (shot without permits on a hand-held digital camera) can be taken as two hours of delicious gamesmanship or exasperating self-indulgence. But no one can argue that by now Hellman hasn’t earned his right to be difficult. (2:02) Roxie, Smith Rafael. (Harvey)

*Snow Flower and the Secret Fan Working with Lisa See’s novel, director Wayne Wang returns to the crowd-pleasing territory of his wildly popular Joy Luck Club (1993) — fortunately it’s also material that feels intensely personal, even transposed in 21st century China (one of those modern Chinese women, Rupert Murdoch’s wife Wendi bought the rights to the book and provides a financial boost here). Modern-day Nina (Bingbing Li) is about to leave her native Shanghai for NYC and certain success in the banking world when she learns that her best friend, her laotong or sworn sister, Sophia (Gianna Jun), is in a coma. She must piece together the mystery of her friend’s life since they last parted, studying the book written about her 19th century forbearer Snow Flower (also Jun) and her own laotong Lily (Li). An uncredited turn by Hugh Jackman as a caddish boyfriend is beside the point here; Wang’s take on the bond of friendship that ties two women together, beyond the pain of foot-binding, marriage, class, and adversity is tremulously sentimental, in way that will have many would-be Joy Luck Club-ers happily identifying with these sisters from other mothers — and leave everyone else sobbing in the darkness. (1:40) (Chun)

*Super 8 The latest from J.J. Abrams is very conspicuously produced by Steven Spielberg; it evokes 1982’s E.T.: The Extra-Terrestrial as well as 1985’s The Goonies and 1982’s Poltergeist (so Spielbergian in nature you’d be forgiven for assuming he directed, rather than simply produced, the pair). But having Grandpa Stevie blessing your flick is surely a good thing, especially when you’re already as capable as Abrams. Super 8 is set in 1979, high time for its titular medium, used by a group of horror movie-loving kids to film their backyard zombie epic; later in the film, old-school celluloid reveals the mystery behind exactly what escaped following a spectacular train wreck on the edge of their small Ohio town. The PG-13 Super 8 aims to frighten, albeit gently; there’s a lot of nostalgia afoot, and things do veer into sappiness at the end (that, plus the band of kids at its center, evoke the trademarks of another Grandpa Stevie: Stephen King). But the kid actors (especially the much-vaunted Elle Fanning) are great, and there’s palpable imagination and atmosphere afoot, rare qualities in blockbusters today. Super 8 tries, and mostly succeeds, in progressing the fears and themes addressed by E.T. (divorce, loneliness, growing up) into century 21, making the unknowns darker and the consequences more dire. (1:52) (Eddy)

*Tabloid Taking a break from loftier subjects, Errol Morris’ latest documentary simply finds a whopper of a story and lets the principal participant tell her side of it — one we gradually realize may be very far from the real truth. In 1978 former Miss Wyoming Joyce McKinney flew to England, where the Mormon boy she’d grown infatuated with had been posted for missionary work by his church. What ensued became a U.K. tabloid sensation, as the glamorous, not at all publicity-shy Yankee attracted accusations of kidnapping, imprisonment, attempted rape and more. Her victim of love, one Kirk Anderson, is not heard from here — presumably he’s been trying to live down an embarrassing life chapter ever since. But we do hear from others who shed considerable light on the now middle-aged McKinney’s continued protestations that it was all just one big misunderstanding. Most importantly, we hear from the lady herself — and she is colorful, unflappable, unapologetic, and quite possibly stone-cold nuts. (1:28) (Harvey)

*Terri What happens when the camera stops on the quiet, shy and heavy 15-year-old in the corner of the classroom? Terri might be his story — if he cut class regularly to avoid being teased about his man-breasts, wore PJs to school, and befriended an affable, straight-talking Shrek of a teacher. Painfully awkward Terri (Jacob Wysocki) is ignored or mocked by most, left to feed the mice he catches in traps to passing raptors, care for his ailing uncle, and avoid the school bullies as best he can. But assistant principal Mr. Fitzgerald (John C. Reilly), who has a habit of nurturing the school’s misfits, recognizes Terri’s tender heart and takes him under his wing. It’s catching, apparently, as Terri first befriends the hair-pulling Chad (Bridger Zadina) and then Heather, the girl who allows herself be fingered in home ec (Olivia Crocicchia). What transpires among these school outcasts, shaped by director-writer Azazel Jacobs, subtly subverts your conventional teen identity story arc —Terri isn’t the only one here that’s good-hearted. (1:45) (Chun)

*13 Assassins 13 Assassins is clearly destined to be prolific director Takashi Miike’s greatest success outside Japan yet. It’s another departure for the multi-genre-conquering Miike, doubtless one of the most conventional movies he’s made in theme and execution. That’s key to its appeal — rigorously traditional, taking its sweet time getting to samurai action that is pointedly not heightened by wire work or CGI, it arrives at the kind of slam-dunk prolonged battle climax that only a measured buildup can let you properly appreciate. In the 1840s, samurai are in decline but feudalism is still hale. It’s a time of peace, though not for the unfortunates who live under regional tyrant Lord Naritsugu (Goro Inagaki), a li’l Nippon Caligula who taxes and oppresses his people to the point of starvation. Alas, the current Shogun is his sibling, and plans to make little bro his chief adviser — so a concerned Shogun official secretly hires veteran samurai Shinzaemon (Koji Yakusho) to assassinate the Lord. Fully an hour is spent on our hero doing “assembling the team” stuff, recruiting other unemployed, retired, or wannabe samurai. When the protagonists finally commence their mission, their target is already aware he’s being pursued, and he’s surrounded by some 200 soldiers by the time Miike arrives at the film’s sustained, spectacular climax: a small village which Shinzaemon and co. have turned into a giant boobytrap so that 13 men can divide and destroy an ogre-guarding army. A major reason why mainstream Hollywood fantasy and straight action movies have gotten so depressingly interchangeable is that digital FX and stunt work can (and does) visualize any stupid idea — heroes who get thrown 200 feet into walls by monsters then getting up to fight some more, etc. 13 Assassins is thrilling because its action, while sporting against-the-odds ingeniousness and sheer luck by our heroes as in any trad genre film, is still vividly, bloodily, credibly physical. (2:06) (Harvey)

Transformers: Dark of the Moon I’ll never understand the wisdom behind epic-length children’s movies. What child — or adult, for that matter — wants to sit through 154 minutes of assaultive popcorn entertainment? It’s an especially confounding decision for this third installment in the Transformers franchise because there’s a fantastic 90-minute movie in there, undone at every turn by some of the worst jokes, most pointless characters, and most hateful cultural politics you’re likely to see this summer. But when I say a fantastic movie, I mean a fantastic movie. It took two very expensive earlier attempts before director Michael Bay figured out that big things require a big canvas. Every shot of Dark of the Moon‘s predecessors seemed designed to hide their effects by crowding the screen. Finally we get the full view — the scale is now rightly calibrated to operatic and ridiculous. The marquee set pieces are inspired and terrifying, eliciting a sense of vertigo that’s earned for once, not imposed by the editing. The human hijinks are less consistent but ingratiatingly batshit, and without resorting to preening self-awareness and elaborately contrived mea culpas. But unfortunately Bay is too unapologetic even to walk back the ethnic buffoonery that not only upsets hippies like me but also seems defiantly disharmonious with the movie he’s trying to make. Bay is like that guy at the party who thinks amping up the racism will prove he’s not a racist. It’s that kind of garbage (plus, I guess, some universal primal hatred of Shia LaBeouf that I don’t really get) that makes people dismiss these movies wholesale. This time it’s just not deserved. I wouldn’t want to meet the asshole who made this thing, but credit where credit is due. It’s a visual marvel with perfectly integrated, utterly tactile, brilliantly choreographed CG robotics — a point that’ll no doubt be conceded in passing as if it’s not the very reason the movie exists. As if it’s not a feat of mastery to make a megaton changeling truck look graceful. (2:34) (Jason Shamai)

The Tree of Life Mainstream American films are so rarely adventuresome that overreactive gratitude frequently greets those rare, self-conscious, usually Oscar-baiting stabs at profundity. Terrence Malick has made those gestures so sparingly over four decades that his scarcity is widely taken for genius. Now there’s The Tree of Life, at once astonishingly ambitious — insofar as general addressing the origin/meaning of life goes — and a small domestic narrative artificially inflated to a maximally pretentious pressure-point. The thesis here is a conflict between “nature” (the way of striving, dissatisfied, angry humanity) and “grace” (the way of love, femininity, and God). After a while Tree settles into a fairly conventional narrative groove, dissecting — albeit in meandering fashion — the travails of a middle-class Texas household whose patriarch (a solid Brad Pitt) is sternly demanding of his three young sons. As a modern-day survivor of that household, Malick’s career-reviving ally Sean Penn has little to do but look angst-ridden while wandering about various alien landscapes. Set in Waco but also shot in Rome, at Versailles, and in Saturn’s orbit (trust me), The Tree of Life is so astonishingly self-important while so undernourished on some basic levels that it would be easy to dismiss as lofty bullshit. Its Cannes premiere audience booed and cheered — both factions right, to an extent. (2:18) Smith Rafael (Harvey)

*The Trip Eclectic British director Michael Winterbottom rebounds from sexually humiliating Jessica Alba in last year’s flop The Killer Inside Me to humiliating Steve Coogan in all number of ways (this time to positive effect) in this largely improvised comic romp through England’s Lake District. Well, romp might be the wrong descriptive — dubbed a “foodie Sideways” but more plaintive and less formulaic than that sun-dappled California affair, this TV-to-film adaptation displays a characteristic English glumness to surprisingly keen emotional effect. Playing himself, Coogan displays all the carefree joie de vivre of a colonoscopy patient with hemorrhoids as he sloshes through the gray northern landscape trying to get cell reception when not dining on haute cuisine or being wracked with self-doubt over his stalled movie career and love life. Throw in a happily married, happy-go-lucky frenemy (comic actor Rob Brydon) and Coogan (TV’s I’m Alan Partridge), can’t help but seem like a pathetic middle-aged prick in a puffy coat. Somehow, though, his confused narcissism is a perverse panacea. Come for the dueling Michael Caine impressions and snot martinis, stay for the scallops and Brydon’s “small man in a box” routine. (1:52) Smith Rafael. (Devereaux)

Winnie the Pooh (1:09)<\!s>2

 

California dreaming

2

arts@sfbg.com

HAIRY EYEBALL In his review of the latest Venice Biennale, Boston Globe art critic Sebastian Smee threw down something of a gauntlet when he wrote, “The received wisdom is that contemporary art is mostly about ideas. In truth, however, it’s mostly about gestures.”

Smee’s generalization offers plenty to chew on and plenty to disagree with. For starters, it implicitly presents one of art’s oldest chicken-egg scenarios — one that was muddied decades ago by Marcel Duchamp and later Conceptual Art — as a false choice between thought and spectacle, sustained engagement and capricious showmanship.

But it can also be read as a pretty spot-on diagnosis of the current moment in art — at least, as refracted through the fun house mirror of the Biennale — in which having a gimmick, however thought through or critically engaged, or bringing out the big guns guarantees attention in an increasingly crowded market already clogged with gimmicks and big guns.

Bay Area Now, Yerba Buena Center for the Arts’ triennial snapshot of local creative culture, is the closest thing the Bay Area has to the Biennale and also, thankfully, the furthest thing from it. Still, Smee’s comment provides a useful rubric for navigating its sixth installment, which is full of gestures (some well-executed, others not so much) that at times overshadow the ideas (some half-baked, others worth mulling over) they’re meant to put across.

Visual art curators Betti-Sue Hertz and Thien Lam have pared the number of participating artists, now augmented by art collectives, to a tidy 18. This smaller range gives each participant’s work — most of it created especially for BAN6 — a little more breathing room, although the exhibition’s layout isn’t exactly conducive to following the connecting threads (environmentalism, geopolitics, Americana, and local subcultures, among other topics) unspooled in their curators’ statement.

Tammy Rae Carland’s wonderful series of work about the self-effacing price female comedians have had to pay (and continue to pay) to get a laugh is the first thing you see when you enter. But her photographs of local comediennes in ambiguous forms of self-presentation, text pieces that isolate the painful punch lines of Phyllis Diller, Joan Rivers, et al., and banana peels cast in brass are spread between two floors: a confusing arrangement if you don’t directly proceed up the stairway next to which Carland has created an elegiac installation that, save for the large helium balloons suspending a porcelain microphone, is also easy to miss.

YBCA’s main gallery is another case in point: it’s a good site for large installations that pack a lot of visual impact (think Song Dong’s Waste Not or Nick Cave’s soundsuits), but can pose a challenge for arranging groups of smaller-scale pieces coherently. It’s too bad, then, that the three box-like structures housing works by Brion Nuda Rosch, Rio Babe International, and Chris Sollars cut diagonally across the space like a semipermeable wall of shipping crates. Incidentally, these installations are also some of BAN6’s least compelling pieces.

Harder to ignore is Ben Venom’s See You on the Other Side, a giant quilt whose centerpiece motif of snakes sprouting from a human skull, all made from old metal band T-shirt scraps, only becomes visible as your eyes adjust to the surrounding negative space. It is, in a word, awesome. But it’s also a canny fusion of craft traditions already present in metal subcultures — the quilt is flanked by two cut-off embroidered and studded denim vests, familiar handmade vestments of the tribe — with an older American precedent.

Quilting is also taken up in Suzanne Husky’s nearby Sleep Cell Hotel installation, a collection of three potentially inhabitable nest-like wooden structures that resemble porcupines, replete with quilts covered in radical slogans. A goofy infomercial touts the dwellings as the next development in politically conscious eco-tourism, while a hand-drawn sign warns of their structural unsoundness. Husky’s isolation tanks take the piss out of radical chic and backpackers alike while questioning the impact even the most well-intentioned and off-the-grid 21st century nomads leave in the wake of their habitats beyond carbon footprints.

That question is reframed in more ambiguous terms by Ranu Mukherjee’s wonderful series of drawings and watercolors of “nomadic artifacts” located in YBCA’s smaller second gallery. Each work is based on an image or stories sent to Mukherjee by friends and associates that reflect their conception of the nomadic, a process of translation neatly embodied by the blank fields against which a camper van or an ancient Egyptian temple is depicted. Isolated from their original contexts, these purloined postcards from the edge form an ongoing archive of mobile existence (the call for submissions is still open).

This second room — darkened to accommodate a video projection by Mukherjee as well as Sean McFarland’s crepuscular, large-format photographs of forest interiors — is actually BAN6’s most coherent grouping, with Weston Teruya’s architectural model-like paper sculptures and Richard T. Walker’s winsome three channel video installation rounding out a chorale of differing takes on land use, abuse, occupation, and representation.

In many cases at BAN6, ambition tends to exceed execution, but the results — as with Tony Labat’s large neon marijuana leaf that, seen from the outside, makes YBCA’s Mission Street lobby look like the city’s chicest pot dispensary — still pack a punch. Whether that is enough, or enough for a “moment in time” group survey such as this, is another question.

BAY AREA NOW 6

Through Sept. 25

Thurs.–Sat., noon–8 p.m.; Sun, noon–6 p.m., $5–$7

Yerba Buena Center for the Arts

701 Mission, SF

www.ybca.org