Scott Wiener

Compromise measures

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news@sfbg.com

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

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

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

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

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

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

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

 

SOARING HOUSING COSTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

BACKING THE COMPROMISE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

THE HOUSING CRISIS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Best of the Bay 2012: Local Heroes

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2012 Local Heroes

Alex Tom and Shaw San Liu

Alex Tom and Shaw San Liu — the executive director and lead organizer for the Chinese Progressive Association, which celebrates its 40th anniversary on Aug. 4 — have laid the groundwork for a progressive resurgence in San Francisco by organizing Chinese immigrants and actively building close and mutually supportive relationships with working-class allies throughout the city.

The two have been involved in just about every recent effort to counter the pro-corporate neoliberalism that has come to dominate City Hall these days. They have seized space with Occupy San Francisco and they have supported labor unions and helped to create the Progressive Workers Alliance. They have fought foreclosures and pushed for affordable housing reforms, and they have protected vulnerable immigrant workers from wage theft by unscrupulous employers.

“Shaw San and Alex are incredibly talented organizers and movement builders who are managing to do the nearly impossible,” said N’Tanya Lee, who worked closely with the pair as the director of Coleman Advocates for Children and Youth. “They have built an authentic base of working-class Chinese immigrants who are interested in fighting for change in their community, and are creating a grassroots organization at the forefront of building multi-racial alliances to combat the divide-and-conquer strategies that are confronting us.”

Liu, who joined CPA six years ago, said she’s always inspired to see the old photographs on the walls of CPA’s office, and to read the history of CPA’s organizing and advocacy on behalf of working people. She said the organization has always understood the need to forge alliances with labor unions and other progressive interests.

“The organization itself has been, since its inception, playing a critical role in bridging the needs of Chinese interests with other communities,” Liu said. “I’ve always seen my role as bridge building.”

Today — with stagnant real wages, a deteriorating social safety net, and growing power by corporations that enjoy unprecedented political clout thanks to Citizens United and other court rulings — the need to organize people across cultural lines is more important than ever, even if that begins by addressing the individual needs of each community.

“Always at our core, it’s about empowering our folks to be able to voice their own struggles and visions,” Liu said.

Working to build that capacity within the Chinese immigrant community is hard and important work, Liu said, but it’s equally important to connect with the struggles of working class people from other communities, uniting to effectively counter the political dominance of employers and property owners.

Lui framed the struggle as: “How do we build unity and not have that be lip service?”

Tom and Liu have demonstrated that they know how to do just that, despite the diversity of sometimes-conflicting interests on the left and in a working class squeezed by recession and feelings of economic uncertainty.

“The issue that will unify people is good jobs that are accessible to everyone,” Liu said.

Yet she also said that working class organizing is needed to counter the simplistic “jobs” rhetoric coming from City Hall, which politicians are using to advocate for tax cuts to big corporations.

“More and more, it exposes itself as a total lie,” Liu said of the argument that the city should be facilitating private sector job creation with business tax cuts. “So much points to the fact that the US economic system doesn’t benefit everyone … When we talk about jobs, we talk about what kinds of jobs we want and for whom.”

 

2012 Local Heroes

Stardust and Ross Rhodes

Ross Rhodes and Stardust, like all of the people involved in Occupy Bernal, are neighbors. But until Stardust helped found the group — a local take on Occupy focused on stopping unjust foreclosures and evictions — they didn’t know each other.

Now they do, and if it wasn’t for Occupy Bernal, Rhodes is sure he would no longer have the house that his parents bought in 1964.

A former college football star, Rhodes injured his knees and back playing. He lives on disability payments, volunteering at the 100 Percent College Prep Club, and bringing home-cooked meals to seniors in his area. He also coached kids in the Junior 49ers program until it became too hard on his injuries.

Stardust, an ESL teacher and oboe player in the Bay Area Rainbow Symphony and the SF Lesbian/Gay Freedom Band, has been working for LGBT rights, women’s rights, and online civil rights for years. When Occupy took off, he gravitated toward the neighborhood fights against foreclosures.

Like people all over the US, Rhodes and his wife were fooled several years ago by a pick-a-payment loan plan. At the time, World Savings was peddling the deals through neighborhoods, promising potential borrowers that they could send their kids to college, buy a car, take vacations — and modify their loans after a year.

But when Rhodes started to apply for loan modifications, he was denied. He kept receiving letters asking for more information, often the same information he had already given — a common story that led to part of the Homeowners Bill of Rights that will guarantee a single point of contact from the bank. He was stumped when he was told he needed more income — the bank said it wouldn’t accept payments that were more than 30 percent of a borrower’s income, and Rhodes was getting a fixed disability check.

He found another income source as a homecare provider, but after all the time that the bank wouldn’t accept his payments, Rhodes was marked as someone who wasn’t making payments, and was tracked for foreclosure.

Meanwhile, Occupy Bernal was working on more than 100 similar cases in its neighborhood. The organizers hadn’t quite convinced Mayor Ed Lee to help at that point, but Rep. Pelosi’s staffers were on their side, getting banks to prioritize the cases of those working with Occupy Bernal. They worked with other community groups like Alliance of Californians for Community Empowerment (ACCE) to do physical occupations of homes. But for those who had received a notice of default and a notice of sale — two steps in the foreclosure process that precede the auction of a property — Stardust was there with another tactic.

He spearheaded Occupy the Auctions. He shows up at City Hall at 1:30 every day and tries to disrupt foreclosure auctions. He’s been there continuously since April 27, 2012, and has stopped dozens of home sales. When fighting the eviction of a neighbor, he is sometimes backed by more than 100 people. But many days it’s just Stardust.

Now, Rhodes is in a loan modification process. Rather than conflicting and confusing machine-generated paper work, he gets regular calls about the status of his modification from a point person in Wells Fargo’s executive complaint office. He testified in Sacramento in favor of the Homeowners Bill of Rights, which passed July 2. He’s also become an Occupy Bernal organizer on top of his other volunteer pursuits.

Stardust battles mega-banks and the city’s wealthiest in his work. But he says the biggest challenge is helping people to get over the shame they feel when they realize they are facing foreclosure. “It’s not their fault,” he says. “It’s the system.”

Friends of Ethics

In the summer of 2011, at the behest of the Ethics Commission, the Board of Supervisors put on the ballot a measure that would have loosened some of the rules for campaign consultant reporting, and would have allowed further changes in the city’s landmark ethics laws without a vote of the people. It had unanimous support on the board — and frankly, technical changes in campaign laws are not the kind of sexy stuff that gets the public angry.

But a small group, led in part by five former ethics commissioners, took on the task of defeating the measure. The activists also took on the challenge of defeating Prop. E, which would have allowed the supervisors to amend future measures passed by the voters.

Despite being outspent by tens of thousands of dollars, Friends of Ethics — a small grassroots operation — prevailed. Both measures were defeated (32 percent to 67 percent in the case of Prop. E, the worst loss of all the local measures on the ballot).

The group is great at forming coalitions: in the case of the No on E and F campaign, Friends of Ethics reached out to some 30 organizations that formally joined in opposing the measures after hearing presentations.

The members of FOE are a fractious group of organizers and shit-disturbers who don’t always get along or agree on other issues. But they’ve come together to do something nobody else does: make protecting and expanding political reform laws a front-line priority.

And the battle goes on. Not long after the November 2011 election, Supervisor Scott Wiener introduced legislation that would have led to less disclosure of political contributions before an election, and would have made it easier to conceal who was making contributions and paying for campaign mailers. The Wiener bill would weaken campaign contribution limit, giving the wealthiest donors greater power in elections.

When the amendments were heard at a well-attended Rules Committee in June (with plenty of public comment from Friends of Ethics), the supervisors sent the amendments back to the Ethics Commission to be rewritten.

The next step for the Friends of Ethics is to work with interested supervisors to push for changes to the city’s campaign laws that will actually benefit the public, such as increased transparency in election contributions and expanded campaign restrictions for those receiving contracts and other benefits from the city.

In an era defined by the US Supreme Court’s Citizens United case and a nationwide assault on fair elections, it’s critical work.

Friends of Ethics can be reached at sfethicsfriend@gmail.com

2012 Local Heroes

The Occupy movement

When Adbusters magazine called for people to show up on September 17, 2011, in New York City to protest the way Wall Street was holding the country hostage, no one could have predicted what would emerge.

It was the start of a movement, and San Francisco heeded the call. About 100 people gathered in the city’s Financial District. They started camping. And the effort exploded.

In the first few weeks, camps sprung up across the country. In Chicago and Los Angeles, in Bethel, Alaska and Tuscaloosa, Alabama, people were drawn together. But, unlike most protests, they stayed together. Night after night.

Along the way, a certain prevailing narrative from outside observers never quite got it right. First the camps were dismissed as nothing but bratty college students and hippies. Then they were called dirty and filled with homeless people. (Occupy challenged the whole idea of a monolithic homeless population. Once they had a home in the Occupy tent cities, homeless people were just — shocker — people.)

By December, when most of the campers had been kicked out, the narrative shifted. Occupy was resting, hibernating, many declared. Some snickered at the fair-weather activists who would only come out in the sunshine.

But in the Bay Area, at least, that hibernation story was simply false. On December 12, Occupy Oakland brought out thousands for its second port shutdown, in solidarity with port workers. On January 20, downtown banks were forced to close for the day and people in the streets celebrated Occupy San Francisco’s shutdown of the financial district. A week later, 400 were arrested when thousands tried to turn a vacant Oakland building into a community center. This was no hibernation.

Actions in some way inspired or fueled by Occupy have continued into the spring and summer. On March 1, Occupy, with a focus on student debt and accessible education, formed the 99 Mile March. Dozens marched from the Bay Area to Sacramento to join thousands of students and supporters in calling for an end to cuts to education; hundreds then occupied the Capitol building. On April 22, Occupy, with a focus on food justice, formed the Gill Tract Occupy the Farm action. Hundreds took a UC Berkeley-stewarded tract of land slated for a baseball diamond and a Whole Foods and planted it, turning it into a farm with rows of crops, a kids space, and a permaculture garden. On June 15, Occupy formed the Lakeview sit-in and Peoples School for Public Education, which taught day camp to children and refused to leave a beloved Oakland elementary school, one of five slated for closure.

Police eventually won the many-months battle with most Occupy groups in the Bay Area. The camps are mostly gone, though a tenacious group keeps its 24-hour protest in front of the Federal Reserve.

But because of Occupy — and its accompanying burst in resistance, creativity, and the belief that we really can, and must, come together to do something — dozens of Bay Area residents remain in homes that were facing foreclosure. Hundreds of people who felt forgotten and abandoned have found community. Thousands have been inspired to start their own projects and work with others.

When Adbusters called Occupy Wall Street to action, it was under the banner of “democracy not corporatocracy.” That ain’t an easy project. But it has already made the world a better and more hopeful place. 

Guardian Voices: The case against RCV

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

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

First, a little history. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CPMC’s new numbers threaten St. Luke’s and the mayor’s deal

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Can San Franciscans trust California Pacific Medical Center (CPMC) not to shutter St. Luke’s Hospital once the company gets what it wants from the city? And has the Mayor’s Office, in its desire to please the business community and building trades, accepted and promoted a bad deal that doesn’t adequately protect the city’s interests?

Those are some of the questions that arose Monday during a hearing on CPMC’s $2.5 billion, multi-hospital development proposal before the Board of Supervisors Land Use Committee when officials from the Mayor’s Office revealed that the development agreement they negotiated with CPMC might not be good enough to keep St. Luke’s open.

As we’ve reported, CPMC (a subsidiary of Sutter Health, a not-for-profit corporation that nonetheless has a well-earned reputation for profiteering and other bad corporate behavior) is seeking to build a 550-bed regional luxury hospital atop Cathedral Hill. In exchange, the development deal requires CPMC to rebuild St. Luke’s, a seismically unsafe hospital in the Mission District that is relied on by many low-income San Franciscans (as well as the city, which would otherwise have to shoulder more of that burden at General Hospital).

After years of stalled negotiations between CPMC and two consecutive mayors, Mayor Ed Lee announced a deal in March that would have CPMC build a smaller version of St. Luke’s (with just 80 beds) and agree to keep it open for at least 20 years as long as CPMC’s operating margins didn’t dip below 1 percent in two consecutive years.

Activists had criticized the deal as too small, too short, and without enough guarantees, but Mayor’s Office officials have consistently said they were confident it was enough to keep St. Luke’s from being shuttered. But now, based on new revenue projections offered by CPMC, even those officials have lost confidence in the deal and say it needs to be renegotiated.

“These new 2012 projections, while still showing CPMC will not breach the 1 percent margin, do not offer the same comfort level we previously had,” Ken Rich of the Mayor’s Office of Economic and Workforce Development told the committee.

The news hit like a bombshell, shaking the confidence of even supervisors who strongly supported the deal, such as Sup. Scott Wiener, who called it a “surprising, critical piece of information” and said, “It’s very, very important that this issue is quickly resolved.”

For supervisors who were already skeptical of the deal and CPMC – such as Sup. David Campos, whose District 9 includes St. Luke’s – it was further evidence that this was a bad deal that needed more work before being brought to the board. The Planning Commission has already approved the project and the full board was scheduled to consider it in just a few weeks.

“What does that say about the way the negotiation was done?” Campos told us. “How half-baked can something be? What have we done to verify the numbers that CPMC gave us? And what does this say about CPMC?…If the numbers on St. Luke’s aren’t accurate, how can we trust the rest of what they’re telling us?”

Yet during the hearing, when Campos tried to get reassurances from CPMC officials and requested that the board be allowed to review the company’s financial records, he was rebuffed and belittled by CPMC attorney Pam Duffy – who later tersely apologized for her comments after Committee Chair Eric Mar criticized them as “insulting to the board.”

Campos had questioned Rich about why the city was relying on CPMC rather than independently assessing the numbers. “Maybe if you had done an audit, you wouldn’t be in this position of being surprised by the numbers that were given to you,” Campos told Rich.

But Rich said “projections are guesses, we can’t ever guarantee that they are right,” noting that CPMC had revised its revenue estimates downward for the years after St. Luke’s would open (when it would be absorbing the high costs of construction), making its profit margin slimmer. “CPMC took a more conservative approach to forecasting the rate of increase in hospital charges as well as patient volumes in light of the greater uncertainty in health care finance,” Rich said.

So Campos asked whether the supervisors could review CPMC’s data. Rich, who has reviewed it, replied, “The conditions under which we were shown CPMC’s projections is that those are confidential.”

Campos noted that it is the board’s job to review and approval this deal to determine whether it’s in the city’s best interests, which shouldn’t simply involve trusting CPMC. “Why should the executive branch of the government see those numbers but not the legislative branch?” he asked.
“It’s really not our call,” said Rich, noting that he had no objections to the request.

But when Campos asked CPMC’s Duffy, she offered a legalistic refusal, and when Campos tried to explain his reasoning, she said, “I heard your speech a moment ago” and added, “this isn’t really a game of gotcha.”

When Campos said the board was simply exercising its due diligence over an important project. she said “nothing unusual or untoward has occurred here, and the suggestion that might be the case, I think it unfair.”

But Campos wasn’t alone in wanting more reassurance from CPMC, who supervisors, labor leaders, and community activists have criticized for its secrecy and bad faith negotiating tactics with both the city and its employee unions.

“This announcement is shocking, on a number of levels,” Board President David Chiu said at the hearing, noting that he had met with CPMC officials just days earlier and they hadn’t mentioned the new developments, instead assuring him that their operating margins were high and the deal protected St. Luke’s. “It’s not a great way to build the trust we’ll need to move this forward.”

Rich said he had learned of the new numbers 12 days earlier, drawing a rebuke from Campos and others who said the supervisors should have been notified earlier. But Rich said that he was hoping that the problem would be solved through negotiations with CPMC before the hearing, but that talks over the issue have so far been fruitless.

“We would have vastly preferred to have an agreement in hand,” Rich told the committee, reassuring the supervisors that the Mayor’s Office will not support the project until the St. Luke’s issue is resolved to its satisfaction.

But Sup. Malia Cohen criticized CPMC as an untrustworthy negotiating partner. “CPMC has an interesting corporate culture,” she said, noting that the company has repeatedly misled supervisors and community leaders, accusing it of being “disingenuous in its negotiations.”

Chiu emphasized that this is a make-or-break issue: “This is an escape clause that could allow St. Luke’s – and what St. Luke’s means to the city – to not be operational. So this is an incredibly important question.”

Campos said this latest episode only added to his suspicion that CPMC will play games with its finances to shutter St. Luke’s – whose construction must be completed before CPMC can build Cathedral Hill Hospital – once it gets the lucrative regional medical center that it really wants.

“How do we know they aren’t transferring money out of CPMC into Sutter in order to shut down St. Luke’s?” Campos said, adding that he wants to see a clear guarantee that St. Luke’s will remain open as a full-service hospital. “This deal, as far as I’m concerned, is not ready for prime time.”

Avalos emerges as the board’s main progressive champion

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Sup. John Avalos seems to be the only consistent champion of progressive values at the Board of Supervisors these days, as he demonstrated once again yesterday as he tried to present some alternatives to the neoliberal corporatism that has seized City Hall over the last couple years.

Last week, Avalos was the only vote against a pandering proposal by Sup. Mark Farrell to exempt more small businesses from the city’s payroll tax, which is projected to cost the city $1.5 million next fiscal year and $2.5 million the following one, blowing a $4 million hole in the two-year budget that supervisors are now finalizing for approval in two weeks.

Yesterday, as the measure was about to receive final approval on its second reading, Avalos made a motion to delay it until after the fall election when voters may consider a pair of measures to transition from a payroll to gross receipts tax as the means of assessing local businesses. Mayor Ed Lee and Board President David Chiu introduced one measure that is revenue neutral, while an alternative by Avalos would bring in about $40 million per year.

Avalos didn’t have the votes for the long delay, so he got behind a compromise motion by Sup. Jane Kim to delay the measure until July 10 so the Budget Committee can at least factor it into its deliberations. Farrell opposed the move, insisting that “this is about creating jobs now,” despite the fact that businesses couldn’t apply for the exemption until next February.

A spirited debate followed, in which Avalos criticized City Hall’s current penchant for business tax cuts and questioned whether it really creates the jobs its boosters claim. He also noted that it is the multitude fee increases that local politicians have approved in recent years to balance the budget without raising taxes that have become most onerous for small businesses.

“When we were raising fees over the last five years, we were raising taxes on small businesses,” Avalos said, suggesting that rolling back those fees and taxing larger corporations that can afford it is a better strategy for helping small businesses and encouraging them to create jobs.

Eventually, Avalos won the short delay on a 7-4 vote, with Sups. Farrell, Carmen Chu, Sean Elsbernd, and Scott Wiener opposed.

Meanwhile, Avalos managed to place on the fall ballot an increase in the real estate transfer taxes paid on properties worth $2.5 million or more, convincing Sups. Kim, David Campos, and Eric Mar to support the proposal as the 5 pm deadline for at least four supervisors to place measures on the ballot neared. It would raise $16 million and compete with a similar measure by Lee that would raise $13 million through a smaller increase on properties worth more than $1 million.

Avalos also joined Campos and Chiu in opposing final approval for the 8 Washington housing project for the uber-wealthy. On the same 8-3 vote, the board also rejected Chiu’s efforts to allow opponents of the project to circulate referendum petitions without having to lug around a thick stack of all the studies referenced in the project approval.

Chiu appealed to his colleagues to support “citizens of San Francisco exercising the constitutional right to referendum,” but he won few sympathies on a board that these days seems most concerned with the interests of this city’s wealthiest individuals and corporations.

Fixing SF’s sunshine problems

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EDITORIAL Open-government advocates are circulating a series of amendments to the city’s landmark Sunshine Ordinance, and a lot of them make perfect sense. In general, the changes bring the law up to date — and deal with the ongoing and increasing frustration over the lack of enforcement that has rendered toothless one of the most progressive open-government laws in the nation.

The advocates are trying to find four supervisors to place the measure on the November ballot. It won’t be easy: Already, the City Attorney’s Office has circulated a memo arguing that some of the amendments conflict with state law or the City Charter.

And in the background, Sup. Scott Wiener is looking to take another approach to open-government, asking city departments to examine the costs of complying with the existing law — which could easily become an argument for loosening the rules.

The new disclosure rules are relatively modest. A policy body would have to release all documents relevant to a decision 48 hours in advance of a meeting. Documents that include metadata — tracked changes and other digital information — would have to be released in full. Regulations on closed meetings around pending legal issues would be tightened.

But the bulk of the changes have to do with enforcing the law — and that’s where the battle lines are going to be drawn. The measure would create a powerful supervisor of public records, appointed by the city attorney, who would be directed to review all denials of public records — and who, by law, would be ordered to “not consider as authority any position taken by the city attorney.” That seeks to address a key shortfall in existing law — the City Attorney’s Office, which (like most law firms) is often driven by privacy and confidentiality, advises city agencies on what records can be withheld, and city officials who refuse to release documents simply say they were following the advice of their attorney.

The proposal would turn the Sunshine Task Force into an independent commission, some of whose appointments wouldn’t be subject to any official review. The commission would have extensive new authority to levy fines on city employees who it finds in violation of the sunshine law and to force the Ethics Commission — which routinely ignores sunshine violations — to take action against offenders.

The idea, of course, is to mandate consequences for violating the Sunshine Ordinance, which is flouted on a regular basis by public officials who pay no penalty and thus have no real reason to comply. But increasing the scope and certainty of punishment is one side of the coin — and if there were better ways to ensure compliance, none of that would be necessary.

In Connecticut, a state Freedom of Information Commission has the statutory authority to require any government agency to release a document or open a meeting. The panel doesn’t punish people; it obviates that whole process. And it would be much, much easier to get beyond the penalties and simply create a legal process that allowed the Sunshine Commission full authority to order public agencies to comply with its rulings. The commission rules that a meeting was illegally closed? Tapes of that meeting must be released, at once. Documents improperly withheld? Cough them up, now. The only appeal city officials would have: go to court and seek a secrecy order. If the supervisors and other city officials think the proposed rules go too far, they can refuse to put this measure on the ballot, but that be ducking the clear and obvious problems. And there’s an easy solution: Give the Sunshine Commission the same power as the FOI panel in Connecticut, which has operated just fine for more than 30 years.

Free Muni for kids: Tough slog at the MTC

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There are plenty of reasons I like the David Campos free Muni for youth plan. Anything that gets the next generation used to seeing Muni as the primary form of transportation in town is a good idea. It’s a great benefit for low-income kids (and around SF these days, the only ones who we’re giving any benefits to are businesses that get tax breaks, and those breaks are worth far more than the modest cost of the Campos plan). But it’s particularly important this year, because the school district is in serious financial straights and is probably going to eliminate most school-bus transportation next year. So poor kids and kids whose parents don’t have cars will have a harder time getting to school.

The supervisors approved this, and the mayor signed off on it — but some of the money is supposed to come from the Metropolitan Transportation Commission, made up of regional representatives, and Campos is having a tough battle.

The MTC staff recommended that SF get $4 million in regional transit money for the idea, but not all, or even most, of the 16 members of the panel want to see one city get money for something all of them would love to do.

But: Someone has to try this as a pilot project, and SF, with the highest per-capita transit ridership, is a good place to start.

Sup. Scott Wiener is also on the MTC, representing San Francisco, and he’s totally against the free Muni for youth plan. And when it come up at an MTC committee, he was willing to vote for it — “I realize I lost that battle, and at the MTC I’m representing San Francisco,” he said — but only if MTC stipulated that no additional city money would go to the program.

And that kind of screws the whole thing up, since it will be hard to do with just the $4 million.

Ugh. Such a great idea, for a fraction of the money we’re handing out like hot dogs to everyone who asks for a tax break. Why don’t the poor kids get a break for once?

Bevan Dufty’s all wet and woofy

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I’ve had issues with Bevan Dufty. Oh, lord, I’ve had issues. He so often voted the wrong way on the Board of Supervisors and was the only major candidate running for mayor who answered No to the affordable housing question at the Guardian mayoral forum.

But I have to say, he’s doing quite the creative job as the mayor’s homeless coordinator. I’ve always liked the idea of the “wet house” — a place where alcoholics can drink in safety. It’s basic harm reduction, something that sometimes conflicts with the prevailing wisdom on sobriety but will almost certainly save lives. He’s taking the right line on panhandling — the other day, he told me, he spoke in front of the Interfaith Council and complained about the notion of refusing to give money to panhandlers because they might use it for drugs and alcohol.

“Well,” he said, “there are people in this room who generate money for drugs and alcohol. What if that principle applied to your paycheck?”

(I always give money to panhandlers. I also spend part of my paycheck on Bud Light and bourbon. Deal with it.)

And now he’s got the puppy plan.

You can laugh at this all you want, and a lot of people will, but I think it’s a fabulous idea. It won’t solve homelessness, and I know that these little side trips can divert attention from the massive social problem that is housing costs and homelessness in this city, but still:

There are dogs that need to be adopted. There are lonely people who are in SROs who can adopt those dogs. It might keep some of them from panhandling. It will certainly make a number of canine and human creatures a lot more happy.

Remember PAWS? (One of my favorite groups.) These folks figured out in the worst days of the AIDS pandemic that having companion animals around made people’s lives better, and they worked to help people with AIDS keep their pets. Now they work with seniors and low-income people, providing support and services.

The dogs don’t care if their owners are living in an SRO; they’re happy to have a home. The people who might be isolated and stressed living alone and with very little money have a bit of light in their lives. Although a lot of SROs don’t take pets (and I get it — pit bulls on crack and fleas and shit), the Community Housing Partnership is working with Dufty on a pilot program, and if it works he cann push it further.

And that’s not the end. Under Sup. Scott Wiener’s recent legislation, dog walkers (thousand of ’em) are supposed to have some basic dog-training skills, and there aren’t that many places that offer those classes — but Dufty tells me he thinks maybe some low-income SRO residents can learn to teach dog training classes and make some money that way.

Again: Little stuff. I still want to tax the rich to provide housing as a human right for all. But things are not good on the streets of San Francisco, and every little bit helps.

 

 

The 8 Washington embarrassment

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I wasn’t shocked by the vote on 8 Washington. I knew it was happening; I knew we’d lost when the EIR went through. I knew we couldn’t count on a solid progressive bloc any more. I knew that the lobbying was intense.

But I have to say, at the end of the day I was embarrassed. Because the supervisors sold the city cheap.

In the earlier board discussions, Sup. Christina Olague and Sup. Eric Mar mentioned their concerns about the heigh and bulk of the project and said they would work with the developer, Simon Snellgrove, on changes. But the final project was exactly the same size.

Olague and Sup. Jane Kim were concerned about the amount of parking; the developer agreed to cut 50 spaces. But the actual size of the garage won’t be reduced at all; the only promise: There won’t be valet parking, so maybe not so many cars will fit.

Yes, Snellgrove agreed to set aside some scholarships for low-income kids to swim in the pool, which is a great thing and I fully support it. For a project that, according to available figures, will net the developer $200 million in profit — according to Sup. David Chiu’s analysis, a 72 percent rate of return — the scholarship money is peanuts.

There’s an additional 50 cent parking levy to pay for surface improvements in the area.

But as Chiu asked at the June 12 meeting, “Is the city getting an appropriate level of benefits based on Snellgrove’s profits?” Project foe Brad Paul — a veteran of more than 30 years of the city’s development wars — doesn’t think so. “They got nothing,” he told me.

Here’s how it went down:

Chiu started off by introducing the board’s budget analyis, Harvey Rose. Rose said he’d reviewed the finances of the project, and concluded that the city would get $50 million less out of the project than the developer or the Port of San Francisco, which owns some of the land and is a primary proponent, had originally claimed. Chiu also noted that not all the documents were in the file, but nobody else seemed to care.

In fact, through most of the discussion — limited discussion — and final votes, it was pretty clear that nobody was swayed by any of the facts that Chiu put forward. This deal was done long before the board members took their seats.

Chiu offered a series of amendments, none of them terribly radical. He pointed out that the deal requires the city to pay the developer $5 million for open-space improvements. “That’s an anomaly,” Chiu said, and moved that it be removed.

Kim, who throughout the meeting was the strongest supporter of the project, argued that the city often reimburses developers for open space. More, she said, compared to what the city has asked other major residential developers to give, this project is just dandy. “I would not say this is not a fair deal for the city,” she told her colleagues.

The vote on the $5 million giveaway? Developer 6, SF 5. Siding with Snellgrove: Christina Olague, Scott Wiener, Carmen Chu, Sean Elsbernd, Mark Farrell, and Jane Kim. Siding with Chiu and project opponents: John Avalos, David Campos, Malia Cohen, and Eric Mar. It’s an odd lineup — Cohen doesn’t always vote with the progressives, and I have to say it’s strange to see Kim and Olague siding with the four most conservative supervisors.

Chius’s second proposal: Since the city’s benefits were $50 million less than advertised, why not add $14 million to the affordable housing fee?
Developer: 7. Affordable housing: 4. Voting for the developer: Olague, Wiener, Chu, Elsbernd, Farrell, Kim and Mar.

Okay, one last try. Chiu suggested maybe just $2 million more for affordable housing. Wiener, as is he way, went off on his usual complaint that too much of the affordable housing money is for poor people and not enough for the middle class. The final vote:

Developer: 6. Affordable housing: 5. Voting for the developer: Olague, Wiener, Chu, Elsbernd, Farrell, Kim.

Kim, again, took the lead in promoting the deal on the final vote, saying that a parking lot and a private club were not a good use for the space and that “we are achieving here is a higher and better use for the land.” That’s what every developer talks about, by the way — higher and better use.

She also talked about One Rincon, that hideous tower next to the Bay Bridge that was approved after then-Sup. Chris Daly cut a deal with the developer that the San Francisco Chronicle denounced as a “shakedown.

Kim said that, considering the much-smaller size of the Snellgrove project, the benefits were richer than the Rincon deal.

I never liked the Rincon deal — that tower’s a disaster, an ugly scar on the skyline, and there was nowhere near enough affordable housing money. That’s because I think that the city should be building six affordable units for every four market-rate units, that there’s no need for more housing for the very rich and that our current housing policy is a disaster. (The Guardian wrote an editorial at the time that said it was good that Daly had gotten that much money, but was dubious about the whole project. In retrospect, we were too kind.)

I think all my readers at this point know that. So does Daly.

But I asked the former supervisor anyway to comment on the difference between 8 Washington and One Rincon. His thoughts:

1. The Rincon Hill agreement was negotiated by the district Supervisor working together with the communities most impacted by the development. 8 Washington was opposed by the district Supervisor and many nearby residents.
2. Most people in the South of Market were not diametrically opposed to highrise development in that location. The Planning Department had been working on a Rincon Hill neighborhood plan and was recommending upzoning for the area.
3. Rincon Hill had no waterfront trust issues.
4. The Rincon HIll development impact fee was $25 per square foot (over and above the required inclusionary affordable housing fee even though the Mayor’s Office contended that over $20 per square foot would kill the deal.) According to Kim’s release, her 8 Washington deal netted an additional $2 million for affordable housing and a $.50 parking surcharge. This even though development in Rincon Hill is not as valuable as the northern waterfront.

Folks: I think the city got taken to the cleaners here. I’ll stipulate that I’m against this project for much broader reasons. And maybe I’m just an old commie who thinks that the richer you are, the more you should give back, that the affordable housing fees on the most expensive condos in San Francisco should be higher than normal, that if Snellgrove nets $200 million, then the city by definition left too much on the table.

But I don’t think I’m alone in believing that if you’re going to approve something that will make a developer this rich, and let him use public land to do it, on the waterfront, you ought to get your fair share. And that didn’t happen.

Embarrassing.

Welcome back to SF President Obama! Now, say Supevisors, give us our marijuana

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Not that it’s ever a good idea, but avoid driving downtown today like the plague — President Obama’s in town! And, (as reported by SFGate), SF supervisors want him to take a stance on pot. Sup. Christina Olague has penned a letter co-signed by Sups. David Campos, and Scott Weiner that is a solid finger-wag at the current federal administrations actions against the medical marijuana industry. Here’s the meat of it:

 

We believe strongly in addressing medical cannabis as a public health issue, and we will strive to fully implement state law by protecting not only our patients, but our property owners and dispensary operators as well. We want to work with President Obama on a public health solution for medical cannabis at the federal level, once he wins a second term. In the meantime, the Department of Justice must respect our laws and honor the President’s commitment on this issue. Honoring this commitment can start by taking no further action against the nine landlords of City-permitted facilities here in San Francisco.

 

Those “nine landlords” refer to the property owners of the five SF cannabis dispensaries that have already closed, and the additional four that are set to close this month. The federal government has sent threatening letters to dispensary landlords that posit extensive jail time and civil forfeiture for those landlords that continue to allow federally-illegal drug trafficking on their property. 

Kudos to the new Sup. Olague for taking a stand. Of course, the letter’s premise is that the Sups. are staunch supporters of Obama’s re-election, they’re just asking him to improve on this particular issue. It begs the question: why would he make capitulations to win support that is already in pocket?

Tickets are sold out for his lunch at the Julia Morgan Ballroom (465 California, between Montgomery and Sansome Streets), although his campaign website encourages you to get on the waiting list — be careful, general admission tickets start at $5,000. The President’s only other scheduled stop, says SFGate, is at a “small roundtable” at One Market Plaza. 

Afterwards, the President will head south to Los Angeles to attend the annual fundraising gala for the LGBT Leadership Council, where he will no doubt be greeted affectionately for his “I support gay marriage”isms of last month. 

Supervisors dominate DCCC race, but key newbies join them

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“I just stopped by on my way to finish campaigning,” Sup. David  Campos told me at the Bike Coalition’s 20th Annual Golden Wheel Awards (more on that tomorrow), the first in more than a majority of the Board of Supervisors at the event.

Campos was campaigning for reelection to the Democratic Party County Central Committee (DCCC) and the polls were still going to be open for almost two more hours. Perhaps he could still reach the one in four registered SF voters who bothered to weigh in on this lackluster election.

“There was nothing really on the ballot that excited voters,” Campos said. “Hopefully November will be different.”

Tonight’s returns — for leadership of a local Democratic Party that hopes for more  voter engagement in the fall races — showed that Campos and fellow supervisors David Chiu, John Avalos, and Scott Wiener expectedly topped the pack, with Bevan Dufty, who moved from the board to the Mayor’s Office this year, in fifth place. And longtime former legislator Carole Migden’s sixth place fininish in the 14-seat eastside DCCC race helped show that it was mostly about name recognition.

But there were a couple of first-time candidates in the winning field: Matt Dorsey and Zoe Dunning, who finished 8th and 12th respectively. Both played key roles in recent LGBT politics: Dorsey as the City Attorney’s Office spokesperson during the same-sex marriage saga of the last eight years, Dunning as a poster lesbian in ending the US military’s “don’t ask, don’t tell” policy.

“I think Zoe and Matt are the ones to watch,” DCCC member Alix Rosenthal told me at the Buck Tavern as she celebrated her reelection, after campaigning hard for both the progressive and women’s slates.     

Unprompted, Dorsey returned the recognition when I stopped by his party down the street at Churchill. “Alix and Rafael [Mandelman, who organized the progressive slate and finished 10th, right after Sup. Malia Cohen] ran other things, so it’s apples and oranges,” Dorsey humbly said of the two former Dist. 8 supervisorial candidates he bested, when I asked about his strong finish.

Dorsey ran an aggressive campaign, targeting high-turnout precincts and working hard to get the full spectrum of political endorsements (and posting all his answers to each group online), what he called “Moneyball politics.” And it translated into an impressive finish for a freshman candidate but longtime politico.  

“Right now, I’m looking to get back to the gym after a year and a half of campaigning,” said Dorsey, the spokesperson for the mayoral campaign of City Attorney Dennis Herrera, who was at the party, along with District Attorney George Gascon. 

Dorsey and his fellow Guardian/progressive slate members did better in Eastside Dist. 17 than Westside Dist. 19, taking 10 of 14 seats compared to four of 10, leaving a near-equal balance with the moderate Democrats once the seats of elected officials are factored in.

But if the spirits count for anything, Dorsey told me he ran especially hard to earn the seat that outgoing DCCC Chair Aaron Peskin appointed him to when long progressive activist Michael Goldstein died last year.

“Knowing that it was his seat,” Dorsey said, “motivated me to work harder.”

Reading Ed Lee’s mind

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

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

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

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

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

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

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

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

 

Early SF results: No on A, Yes on B

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The first results just got posted, and it’s a fairly large number of votes. More than 60,000 people voted by mail, and there’s enough to draw a few conclusions.

Prop. A, the measure that would have required competitive bidding for the city’s garbage contracts, is dead, losing in the early absentees 77-23. No surprise that it’s losing; getting 23 percent of the vote with no campaign to speak of up against the full might of Recology’s money and political connections is actually pretty impressive.

Prop. B, the Coit Tower measure, is winning, 55-45, which is a good place to be at this stage. I’d say it’s time for the Yes on B camp to start celebrating.

The DCCC early returns show a lot of what we expected — the elected officials and incumbents are doing well. David Chiu is in first, beating Scott Wiener, who is beating John Avalos. For what it’s worth.

After that, it’s Bevan Dufty, David Campos, former Sup. Leslie Katz and former state Sen. Carole Migden.

Interestingly, Matt Dorsey, an appointed incumbent facing the electorate for the first time, is ahead of Sup Malia Cohen. Rafael Mandleman, Zoe Dunning, Alix Rosenthal, Petra DeJesus, and Justin Morgan finish out the top 14 on the East Side.

Those are the early absentees, and the difference between Morgan and incumbent Gabriel Haaland, now in 18th place, is just 800 votes. So it will change.

Right now, the progressives have 9 of the 14 seats on the East Side, but only 4 of the 10 on the West Side, which won’t be enough to elect a progressive chair and ensure good endorsements in the fall. But the margins are so thin and it’s so early we can’t call it yet.

On the West Side of town, Assessor Phil Ting is comfortably in the lead for the 19th Assembly District, but newcomer Michael Breyer, a conservative Democrat who spent a ton of money, is edging Republican Matthew Del Carlo by two points, setting up the possibility that Ting will have to raise money and face off against Breyer in November.

Don’t water down campaign laws

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EDITORIAL The San Francisco Ethics Commission, which is hardly aggressive about cracking down on campaign-finance violations, has suggested some rule changes that would water down the city’s ethics laws. The supervisors should reject most of the suggestions — and start talking about real reform.

The commission has asked Sup. Scott Wiener to bring the changes to the board, and Wiener told us that he has problems with some of them and is going to be working with his colleagues, particularly Sup. David Campos, to fix the package.

It will need a lot of amendments to be acceptable.

The current proposal would make life easier for campaigns and big donors, but would make it harder for the public to figure out who’s putting up the money and where it’s going. For example, it would exempt from the spending cap all money spent complying with the ethics laws. That sounds fair at first glance — but the amounts involved are huge. For a mayoral race, as much as $147,000 would be exempted. That’s a lot of money for “compliance.”

More important, the ethics proposal would eliminate the restrictions on how much a single donor can give in an election season. Right now, the cumulative limit is $500 for each office on the ballot, which limits the impact that a handful of big-money contributors can have on an election. Under the new rule, a wealthy person who wants to make sure that every politician in town owes him or her can donate the maximum to a long list of candidates, giving more power to a few.

Wiener says that under ranked-choice voting, donors should be able to give to more than one candidate for a single office. Fine — but the cap doesn’t have to be eliminated. It could easily be amended to account for RCV.

The plan would somewhat loosen the reporting requirements in the last days of a campaign, eliminating weekend disclosures. It would decrease the transparency rules for campaign committees that shuffle money back and forth to hide its true source. It would aalow more spending by independent committees with less disclosure.

In other words, it would undermine the ability of the voters to know who is funding which candidates and initiative campaigns. There’s no reason to do any of that.

The problem with the current law is not that it requires too much disclosure — it’s that, in many ways, the controls on political money are too weak. And if the supervisors are serious about reform, there’s plenty to be done.

Ethics laws currently bar anyone who is seeking a city contract from donating to local officials. But it’s still perfectly legal for someone seeking a permit or zoning change to throw around cash. And there are endless problems with developers who need city officials on their side. Extending the contribution ban to anyone seeking special zoning or permit approval for any project with construction costs above a certain threshold — say, $10 million — would exclude, say, homeowners who want to build a new deck, but would limit the role of real-estate money in campaigns.

The amendments need eight votes to pass; before it even gets to the full board, the Rules Committee ought to ship this mess back to the Ethics Commission and tell the supposed watchdogs to try again.

Sunshine eclipsed

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As an advocate for the passage of the San Francisco Sunshine Ordinance in the early 1990s, I felt obligated to take my first and only City Hall position and serve as a founding member of the Sunshine Ordinance Task Force. I served for l0 years and helped with many other good members to build the task force into a strong and respected agency for helping citizens get access to records and meetings and hold city officials accountable for suppressing access and information.

The task force is the first and best local sunshine task force of its kind in the country, if not the world. It is the only place where citizens can file an access complaint without an attorney or a fee and force a city official, including the mayor, to come before the task force for questioning and a ruling on whether they had violated sunshine laws. The task force lacked enforcement powers, but it still annoyed city officials, including Mayor Willie Brown.

In fact, Brown spent a good deal of time trying to kick me off the task force. He used one jolly maneuver after another, even getting an agent to make a phony complaint against me for violating the ordinance with an email (The complaint went nowhere). I refused to budge and decided to stay on until Brown left office—on the principle that neither the mayor nor anybody else from City Hall could arbitrarily kick members off the task force.

That principle held until about 3pm last Thursday (May 17) at the meeting of the Board of Supervisors Rules Committee to appoint candidates to the task force. At that meeting, without proper notice, advance warning, explanation, apology, or even a nice word or two, the supervisors suddenly turned a normal drowsy committee meeting into an unprecedented bloodbath for the task force and its independence. Sup. Mark Farrell played the heavy, Jane Kim was the facilitating chair, and David Campos was the reluctant third party, working together to bring Willie Brownism back at the task force with a vengeance.

The committee rejected four qualified candidates from three organizations who are mandated by the Sunshine Ordinance to choose representatives for the task force because of the organizations’ special open government credentials. (Doug Comstock, editor of the West of Twin Peaks Observer; Attorney Ben Rosenfeld from the Northern California chapter of Society of Professional Journalists, sponsor of the ordinance; Allyson Washburn from the League of Women Voters and Suzanne Manneh from America New Media.)

The committee without blushing asked the organizations to come up with a “list of names,” a whiff of grapeshot aimed at members and organizations who had served the public well for years. Who wants to go before the supervisors on a list of names for a bout of public character assassination? Meanwhile, while knocking off the qualified, knowledgeable candidates, the committee approved four neophytes without experience and then unanimously appointed David Pilpel, a former task force member known for delaying meetings with bursts of nitpicking. He almost always comes down on the side of City Hall and against citizens with their complaints.

Farrell also tried to bounce Bruce Wolfe, an excellent member, but Kim and Campos supported him and his name was sent on to the full board for approval.

Then, when Wolfe’s name got to the board on May 22, it was a repeat of Willie Brownism and this time to the max. Sup. Scott Wiener moved to amend the motion and substituted Todd David. Farrell seconded. The vote was 6-5, meaning that Willie Brownism wiped the sunshine slate clean of anybody who would raise a pesky question of city officials and the City Attorney’s Office.

The infamous votes against Wolfe: Wiener (ah, yes, the heir of the Harvey Milk and Harry Britt seat in the Castro), Farrell (where is Janet Reilly when we need her?), Malia Cohen (who comes from the Potrero Hill/Bay View/Hunters Point district that needs all the sunshine it can get in facing an Oklahoma-style land rush of development), David Chiu (who was reportedly angry over the unanimous task force opinion finding he violated the Sunshine Ordinance with late submission of documents before the controversial vote to redevelop Parkmerced), Carmen Chu and Sean Elsbernd (neighborhood supes way out in West Portal and the Sunset who almost always vote the downtown line at City Hall). The good votes for Wolfe: John Avalos, Eric Mar, Cristina Olague, Jane Kim, and David Campos.

Campos told me that the organization candidates were “eminently qualified,” that they should have been appointed, and that he would fight for them. He advised the organizations to “stand by their candidates.” He is urging that the issue of organization candidates come back to the next Rules Committee.

Rick Knee, SPJ’s mandated journalist on the task force surveying the carnage, said the supervisors’ actions stem “partly from a desire by some supervisors to sabotage the task force and ordinance itself, and partly from a vendetta by certain supervisors after the task force found several months ago that the board violated local and state open meeting laws when it railroaded some last minute changes to a contract on the Parkmerced development project without allowing sufficient time for public review and comment.”

Knee is right, and it isn’t just Parkmerced, but all the high-stakes development deals flowing through City Hall these days, with their advocates preferring to cut backroom deals rather than being subjected to the full scrutiny of the public and the task force.

James Chaffee, a former chair of the task force, watched the board proceedings with outrage and fired off a letter to all supervisors later that day. He charged that the board in sacking Wolfe violated the Sunshine Ordinance on several counts. Among them: the board changed the committee recommendation on Wolfe without allowing public comment and it passed over Wolfe even though the ordinance requires at least one member of the task force to be “physically handicapped.” That was Wolfe.

Thus, Chaffee wrote, the orchestrated coup was “the perfect example of a failure to follow the sunshine ordinance that led to the sort of problem that it was intended to forestall, namely the supervisors taking an action without being informed of what they are doing.  If Scott Weiner and David Chiu and the rest of the crew did not consider the citizens the enemy and exercize judgment about whether they were complying with the spirit of open government rather than just shaving off the letter of the law as closely as possible, this could have been avoided.”

Chaffee said he couldn’t tell if David was physically handicapped but he said nothing in his application for the task force nor was any disability apparent from the video of the rules committee meeting.

Chaffee said David’s  application showed he  was “self-employed as an investor, obtained a BA from Stanford in 1993, has never attended a task force meeting, and left the statement of his qualifications blank.”

Chaffee said, “It’s easy to see why Scott Wiener likes him. He said it would be a long road before he would go against the city attorney’s office and when it came to constitutional law, he would place the city attorney’s opinion above his own because the city attorney is an ‘expert.'”

I sent Chaffee’s letter and my Bruce Blog post ( “The return of Willie Brown to the Sunshine Task Force,” 5/21) to City Attorney Dennis Herrera for comment: How can his office sit by while the letter and spirit of the sunshine laws are being violated in the move to sabotage the sunshine ordinance and task force? I also sent Chaffee’s letter, with the Bruce blog, to the supervisors with similar questions: Why  are you violating the sunshine laws to kick out the best candidates? For their answers (coming)  and the latest on this evolving controversy, follow along at  www.sfbg.com/bruce.

There you have it:  the state of sunshine and open government in city hall in San Francisco in May of 2012. Todd David over Bruce Wolfe. David  Pilpel uber alles.  Five inexperienced candidates over five experienced candidates. David Pilpel uber alles. A city attorney who rolls over and over and over again. And a whiff of grapeshot for the three organizations mandated by the charter to have represenatives on the task force  because of their open government and public access credentials (the Northern California chapter of the Society of Professional Journalists, the League of Women Voters, and America New Media.)  On guard,  b3

 

Housing for the super rich approved, 8-3

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The progressive movement and the battle for housing balance and economic justice in San Francisco got walloped May 15 when eight supervisors sided with a developer who wants to build condos for the massively rich on the waterfront.

I watched it all, minus a few minutes while I was putting the kids to bed, all seven and a half hours of testimony and discussion, winding up with a series of pro-developer voters a little after midnight. It was stunning: Opponents of the project came out in droves, many of them seniors, others tenant activists and neighbors. Former City Attorney Louise Renne, who is by no means an anti-development type or any sort of economic radical, led off the arguments in favor of scrapping the environmental impact report and denying the conditional use permit that are needed for 8 Washington to move forward. They brought up so many points that by the end there was nothing more to say: This meets no housing need in San Francisco, further screws up the city’s own mandates for a mix of affordable and market-rate housing, caters to the top half of the top half of the 1 percent, is too tall and bulky for the site, offers the city too little in community benefits and is one of the great development scams of our time.

Then the other side spoke — the city planners who defended the EIR and, briefly, developer Simon Snellgrove. His supporters lined up — and almost all of them talked about the same thing: Construction jobs. I get it, we need construction jobs — but is that a justification for such a bad project? As Sup. David Chiu pointed out, “apartment construction is booming.  There are 22,000 units under construction and 50,000 more in the pipeline.”

Both sides were organized, but only one paid people to show up: At least five people seated in the front row, wearing pro-8 Washington stickers, confirmed that they’d been paid $100 each — in cash — to show up. They didn’t even speak, leaving once they realized that they were misled about the project. One source heard a construction worker say he knew nothing about the project and had been bused in from Sacramento.

And after hearing all of that, the supervisors did what they clearly had decided to do long before a word of testimony was uttered.

The vote to overturn the EIR went like this: favoring the developer were Supervisors Mark Farrell, Jane Kim, Eric Mar, Christina Olague, Malia Cohen, Carmen Chu, Sean Elsbernd and Scott Wiener. Opposing the project were Chiu, John Avalos and David Campos.

Approving the conditional use went along the same voting lines. Chiu couldn’t even get a continuance after arguing that there was no report from the budget analyst and no financial information about whether this is a good deal for the city.

That’s the lineup: Eight votes for the 1 percent. Three votes for the rest of us. I haven’t seen anything this bad in years.

Some fascinating information came out of the discussion. Chiu made clear that the developer doesn’t need the height-limit increase to make a profit off the deal. He estimated that the total sales revenue from the project would be around $470 million and construction costs about $177 million. That’s a huge profit margin, even if you add in another $25 million for upfront soft costs.

Snellgrove’s lawyer, Mary Murphy, tried to duck the financial issues, talking around in circles. Evenutally Chiu got Snellgrove to respond, and he said the costs would be higher and his profit would only be about $80 million. “The capital markets require a high return on these projects,” he said.
Still: $80 million is a lot of money. And while Snellgrove and his allies love to talk about the $11 million in affordable housing money for the city, that’s about 2.3 percent of his total revenue. Which doesn’t sound quite as juicy.

Chiu raised another good question: “Should a condo that sells for $5 million pay the same affordable housing fees as one that sells for $500,000?”
Mar, who is usually a strong progressive, was the big surprise of the night, not only voting the wrong way but teeing up softball questions for the city planners to make the project sound better. It was as if he was reading from the developer’s talking points.

In the end, he said he saw “a lot of benefits from this project,” but promised to work with the developer to advocate for “less bulk and less height.” Olague said the same thing.

But even if it’s a little smaller, this will still be a completely misalignment of housing priorities, a project entirely for the very rich. That’s not going to change.

If anything, they should push for more affordable housing money — a whole lot more. Because what we’re getting is enough for maybe 25 or 30 units, which means 80 percent of the new housing related to this project will be for multimillionaires and 20 percent for everyone else. Keep that pattern going — and there are few signs that it’s about to change — and imagine what this city will be like in 20 years.

It’s not over, not yet: The actual development agreement and the height-limit changes still have to come to the board early in June. And if the mayor signs off on it, opponents are talking serious about a ballot referendum that would be before the voters in November — just when Olague, Mar, Avalos, Campos, and Chiu will be up for re-election.

What the preservation vote says about the 2012 supervisors

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UPDATE: Important update at the end of this story

What does it mean that a historic preservation law favored by developers and promoted by Sup. Scott Wiener passed the Board of Supervisors 8-3? Maybe nothing. Historic preservation is a strange poliltical issue, favored by some of the wealthy white homeowner types who love pretty buildings (and aren’t so good on other issues), and this thing was sold as a way to help low-income people and affordable housing. But the reality is that the Wiener measure will make it harder to declare historic districts, and thus will take away a tool that the left can use to stop uncontrolled commercial development. And remember: The affordable housing community wasn’t pushing this bill, and, for the most part, hasn’t had problems with historic preservation. The most progressive political club in the city, the Harvey Milk LGBT Democratic Club, came out strongly against the measure and urged Sup. Christina Olague, a co-sponsor, to oppose it:

We are extremely troubled that you appear to be buying into the flawed, bogus and self-serving arguments by SPUR and other supporters of this legislation that historic preservation is classist and leads to gentrification, interferes with the production of affordable housing and is a tool of San Francisco’s elite.  Nothing could be further from the truth.

There was a way to address the issues of low-income people in historic districts without making it harder to block inappropropriate development, but Wiener’s bill went much further. And while I respect Scott Wiener and find him accessible and straightforward, and I agree with him on some issues, he isn’t someone whose basic agenda promotes the interests of tenants or low-income people. His supporters are much more among the landlord class and the downtown folks. The San Francisco Chronicle, which is a conservative paper on economic and development issues, loved the legislation.

So what happened when this got to the Board? Only three people — the ones the Chron calls “the stalwart left flank of the Board” — voted no.

John Avalos, David Campos and Eric Mar. They are now the solid left flank, the ones who can be counted on to do the right thing on almost every issue. Once upon a time, there were six solid left votes. Now there are three.

What does this mean for the other key issues coming up, including CPMC, 8 Washington, and the city budget? Maybe nothing. As I say, this issue is complicated. Olague told me, for example, that she’s really worried about working-class people who can’t afford to comply with the increased regulations that come with historic districts. Her vote doesn’t mean she’s dropped out of the progressive camp, or that she (or Sups. Jane Kim and David Chiu) can’t be counted on in the future. I really want to believe that this was just an aberration, a vote where I’ll look back in the fall and say: Okay, we disagreed on that one, but nobody’s perfect

Still, it’s kind of depressing: The dependable progressive vote is down to three.

UPDATE/CORRECTION: I didn’t know when I posted this that Olague had spoken to the Milk Club leadership after the club’s statement went out and the club has since issued a correction:

Due to a misunderstanding, Supervisor Christine Olague’s position on the Historic Preservation Commission’s critical role in the life of San Franicsco was misrepresented in our weekly newsletter. Supervisor Olague is looking into ways to help continue Historic District status for the Queer community, the Filipino community in the South of Market area, and the Japantown area. She is specifically looking for wording that would help these plans remain viable and welcomes any questions on her position and on her plan. Our apologies to the Supervisor for this unfortunate mistake.

Wiener goes after historic preservation

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Sup. Scott Wiener is pushing a bill that would make it more difficult to create historic districts in San Francisco, and it’s already cleared the Land Use and Economic Development Committee.

UPDATE: Milk Club calls on Sup. Olague to drop her support for the bill.

The measure hasn’t received a lot of news media attention, but it could have a far-reaching effect on development in San Francisco.

In essence, the Wiener bill amends two parts of the city planning code to tighten the requirements for designating a part of the city as a protected historic area — a designation that makes it harder to demolish or substantially alter buildings.
Developers and some property owners dislike the historic designation. Perservationists see it as a way to prevent the destruction of buildings and neigbhorhoods that are a part of the city’s heritage.

Classic example: In the 1980s, members of the Residential Builders Association were tearing down vintage Victorians in the Richmond district and replacing them with boxy, multi-unit apartments that were worth more money than a single-family home. The builders made a lot of quick cash; the city lost some elegant old houses that can never be replaced.

They couldn’t do that as easily in Alamo Square, which is a historic district.

On the other hand, the owners of those stately well-protected houses in these special districts have to go through increased Planning Department scrutiny any time they want to make any substantial alteration in the structure.

Context: Less than 1 percent of the developed part of San Francisco is currently in a historic district. It’s not a huge deal, and most people don’t pay any attention to this stuff.

But it’s important, and here’s why: One, this city doesn’t care enough about its past — but more important, preservation is a tool that can be used to prevent very bad things from happening.

If we’d had good historic preservation laws in the 1970s, the International Hotel could have been designated an historic structure and wouldn’t have been demolished. Same, possibly, for the Goodman Building. Preservation laws could have been used to fight some of the horrors of redevelopment, which mowed down African American and Filipino neighborhoods in the 1960s and 1970s.

Some of Wiener’s suggestions are relatively benign. He wants to exempt affordable housing units from the laws that apply to historic districts, and Sup. Christina Olague, his co-sponsor, wants an economic hardship exemption so that the owners of buildings, particularly in communities of color, can avoid expensive battles over minor repairs and alterations.

I’m fine with all of that. I’m all for it. Good idea. Although it’s not fair to say that this process was driven by a concern for affordable housing; I spoke to Peter Cohen, at the Council of Community Housing Organizations, and he told me that the idea didn’t come from his crew. Not one affordable housing activist showed up at the Land Use hearing to support the Wiener bill.

But the measure also adds more burdens to the process of designating an historic district. It mandates a written survey of all property owners and occupants in an area proposed for historic designation — an expensive and cumbersome thing that isn’t required for commercial development, demolitions, zoning changes, massive market-rate housing projects, full-on gentrification, or anything else that screws up neighborhoods.
It requires the Planning Commission to consider whether historic preservation conflicts with “the provision of housing to meet the city’s regional housing needs allocation,” which is odd because the commission didn’t consider that when it approved 8 Washington, which directly conflicts with the city’s housing needs allocation, or when it’s allowed 20,000 units of mostly high-end housing over the past decade without any provision for the proper corresponding amount of affordable housing.

In short, it gives opponents of historic preservation more ways to stop new protections. That’s going to make developers very happy.

I asked Wiener why he decided to do this, what the problem was that this law is meant to solve. His answer: There are lots of potential new historic districts (including where he lives, in the Duboce Park and Dolores Street areas) and he wants to be sure that there’s a “robust community process.” Excuse me, Supervisor: There’s a robust community process every time anyone does anything in this town, and designating a historic district is no different.

Also: “A lot of people believe that in some situations, historic preservation can be taken to the extremes. This is a real hot topic for the city.”

Now here’s where it gets interesting (and even more complicated). There’s a neighborhood group called the Mission Dolores Neighborhood Association that’s been trying for almost seven years to get the area between Market and 20, Valencia and Sanchez designated a historic district. Peter Lewis, a musician who has been leading the battle, told me that he got involved because developers were tearing down some important old buildings (a Willis Polk building on Dolores and 15th came down a few years ago) and he wanted to halt it.
The group’s got sophistication and resources — MDNA has raised $80,000 for the necessary studies and has been working the the Planning Department and the Historic Preservation Commission.

Wiener is opposed to the idea — particularly the concept of including the Dolores Street median (designed by John Mclaren, he of Golden Gate Park fame) and Dolores Park in the district. The median’s already a state landmark.

“He’s been very polite to us, but he’s made it clear he doesn’t want to see streets or parks included in any historic designation,” Lewis told me.
Why? Well, for one thing, the Planning Department is talking about building bulb-outs on Dolores as a traffic-calming measure. Historic designation for the median might make that more difficult. And Lewis opposes the bulb-outs for all the wrong reasons: “They just want to get people out of their cars,” he said, dismissively.

But really: Is this all worth pushing a measure that could undermine preservation and encourage demolitions and bad development all over the city? Is the current system really all that bad? Didn’t a measure to strengthen historic preservation (placed on the ballot with an 11-0 vote on the Board of Supervisors) just pass overwhelmingly two years ago?

Because it seems to me that this is a solution in search of a problem.

 

Should the Navy name a ship after Harvey Milk?

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A Democratic Congressional rep. from San Diego thinks so.Rep. Bob Filner has asked the Secretary of the Navy, who has final say over such things, to name a warship the “U.S.S. Harvey Milk.” Milk served in the Navy during the Korean War. And Sup. Scott Wiener has introduced a resolution in support of the concept.

His press release:

Supervisor Wiener, who represents Milk’s old district on the Board of Supervisors, expressed excitement at the prospect of the christening:  “Harvey Milk was a visionary in our community and redefined what it means to be LGBT in public life.  Given Supervisor Milk’s extraordinary public service and military service to our country, I can think of no more fitting tribute than to name a naval vessel after him.” Retired Navy Commander Zoe Dunning, a leader in the repeal of Don’t Ask, Don’t Tell, agreed:  “Harvey Milk was proud of his Navy service. Similar to the USS Cesar Chavez, there should be a USS Harvey Milk to honor Milk’s leadership in the LGBT civil rights movement.” Anne Kronenberg, who served as one of Supervisor Milk’s legislative aides and who now serves as San Francisco’s Director of Emergency Management, noted that Milk would be smiling to hear about the effort to christen a ship in his name: “Harvey understood the importance of symbolism in the advancement of civil rights.  He also lived in an era when being out in the military was simply impossible. He’d be quite pleased that we are now in an era when not only can LGBT people be out in the military, but they can even have warships named after them. Times truly have changed.”

My friend and colleague Sandy Lange, who is the Guardian’s controller, agrees. Sandy was an officer in the Navy, and loved it, and got kicked out after the Naval Investigative Service followed her to a lesbian bar, long before even Don’t Ask, Don’t Tell. “This would be a great statement, to finally kick homophobia off the waves,” she told me.

Tommi Avicolli Mecca, who is also my friend, isn’t so sure. In a piece on Open Salon, he argues that Milk would be opposed to today’s military adventurism and that a warship isn’t a fitting memorial:

It’s one thing that gays can serve openly in the military. It’s another to attach the name of a queer progressive who opposed war to a military ship. It’s just not appropriate. It’s like naming a Christian church after him (Milk was a Jew and an atheist). Or a bomber plane after Gandhi.
 
What’s next? Recruitment ads in the gay newspapers featuring the Village People and/or hunky half-naked men? A pink heart medal for killing with a gay flair? A lavender box with a rainbow flag for our gay and lesbian corpses?  

Marke B., our managing editor, just wants to be sure that he’s involved in the interior design of the new ship, and that its sailors “open their legs for fleet week.”

Seriously — Avicolli Mecca thinks a better honor would be to make Milk’s birthday, May 22, a national holiday. Of course, Chavez (also a man of peace) has both a ship and a holiday.

I never met Harvey Milk — I arrived in San Francisco in 1981 — but I have to wonder what he’d think about a ship of war carrying his name.

 

 

Free Muni for kids makes sense

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EDITORIAL San Francisco is a transit-first city that has spent millions of dollars over the years trying to convince people to ride Muni. And yet, one of the best and most effective ways to get people out of their cars is facing surprising opposition.

Sup. David Campos has been pushing for months to get Muni to allow young people to ride free. It makes immediate sense: The school district, perpetually short on funds, is cutting back bus service (which is preferable to cutting back classroom instruction). For low-income families, the disappearance of a yellow school bus, which offered transportation free of charge, is a financial obstacle — and the last thing anyone needs is another obstacle to keep kids out from coming to school.

Reduced-fare youth passes are already available — but they aren’t easy to get. Parents need to show up in person, during the day, with a birth certificate, passport or other government ID; that’s hard for a lot of working parents. The school district ought to be able to sell the passes, but right now nobody has the resources to make that happen.

It’s possible to create a system to identify and offer free service to low-income families, but again, unless it’s done through the schools, where that data is already kept (for reduced-price lunches), we’re talking about creating a complicated bureaucracy that isn’t remotely necessary.

According to Campos, the cost of providing free service for all youth is only $8 million a year — and he’s identified regional transit funds to pay for much of it. Muni has a deep budget deficit already, and anything that costs more money has to be carefully evaluated, but there are so many ways to cover the price tag. (Why is Muni still paying the Police Department tens of millions of dollars to get cops on the buses when that’s part of the department’s job already?)

And this goes beyond Ethe very clear needs of low-income families. Getting young people onto the buses is an excellent way to convince the next generation of San Franciscans that it’s not necessary to own and operate a motor vehicle in the city. The message is already getting out — according to an April 5, 2012 study by the Frontier Group, the number of car miles driven by people between 16 and 34 dropped 23 percent between 2001 and 2009. That trend crosses class lines — in fact, among young people who earned more than $70,000 a year, public transit use rose 100 percent over the decade and biking by 122 percent.

In other words, it’s proving to be a massive challenge to get older people out of their cars, but the kids are already moving in that direction. With a little help and push, San Francisco could make giant strides in the next few years.

And a significant reduction in car use would more than pay for the cost of free Muni for youth. Every car off the road means less road maintenance, less air pollution — and perhaps more important, less congestion to slow down the buses. Faster buses means more riders and more fares (and less money spent paying drivers to sit in traffic).

So it’s a great idea that pays for itself and helps the environment. And yet some city officials (led by Sup. Scott Wiener) still resist. They should back off; the city should move to approve this plan immediately.

Editorial: Free Muni tickets for kids makes sense

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San Francisco is a transit-first city that has spent millions of dollars over the years trying to convince people to ride Muni. And yet, one of the best and most effective ways to get people out of their cars is facing surprising opposition.

Sup. David Campos has been pushing for months to get Muni to allow young people to ride free. It makes immediate sense: The school district, perpetually short on funds, is cutting back bus service (which is preferable to cutting back classroom instruction). For low-income families, the disappearance of a yellow school bus, which offered transportation free of charge, is a financial obstacle — and the last thing anyone needs is another obstacle to keep kids out from coming to school.

Reduced-fare youth passes are already available — but they aren’t easy to get. Parents need to show up in person, during the day, with a birth certificate, passport or other government ID; that’s hard for a lot of working parents. The school district ought to be able to sell the passes, but right now nobody has the resources to make that happen.

It’s possible to create a system to identify and offer free service to low-income families, but again, unless it’s done through the schools, where that data is already kept (for reduced-price lunches), we’re talking about creating a complicated bureaucracy that isn’t remotely necessary.

According to Campos, the cost of providing free service for all youth is only $8 million a year — and he’s identified regional transit funds to pay for much of it. Muni has a deep budget deficit already, and anything that costs more money has to be carefully evaluated, but there are so many ways to cover the price tag. (Why is Muni still paying the Police Department tens of millions of dollars to get cops on the buses when that’s part of the department’s job already?)

And this goes beyond the very clear needs of low-income families. Getting young people onto the buses is an excellent way to convince the next generation of San Franciscans that it’s not necessary to own and operate a motor vehicle in the city. The message is already getting out — according to an April 5, 2012 study by the Frontier Group, the number of car miles driven by people between 16 and 34 dropped 23 percent between 2001 and 2009. That trend crosses class lines — in fact, among young people who earned more than $70,000 a year, public transit use rose 100 percent over the decade and biking by 122 percent.

In other words, it’s proving to be a massive challenge to get older people out of their cars, but the kids are already moving in that direction. With a little help and push, San Francisco could make giant strides in the next few years.

And a significant reduction in car use would more than pay for the cost of free Muni for youth. Every car off the road means less road maintenance, less air pollution — and perhaps more important, less congestion to slow down the buses. Faster buses means more riders and more fares (and less money spent paying drivers to sit in traffic).

So it’s a great idea that pays for itself and helps the environment. And yet some city officials (led by Sup. Scott Wiener) still resist. They should back off. The city should move to approve this plan immediately.

 

Why free Muni for youth makes sense

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Supervisor Scott Wiener has gone out of his way to dis the plan to let kids ride Muni for free. His oped in the Chron April 9 argued that the city just doesn’t have the money ($8 million):

We need to increase access to transportation for low-income youth, but a new and expensive obligation for Muni – at a time when Muni cannot pay for its basic operational needs and is expanding parking meters and increasing parking fines – is a bad idea.

But that misses the point — and People Organized to Win Employment Rights is mounting a petition campaign to get Wiener back on track.

The Municipal Transportation Agency, which oversees Muni, failed to approve the plan the first time around, but the vote was tied with Commission Chair Tom Nolan absent, so it’s still possible to move it forward. And on April 17, Sup. David Campos, who proposed the plan, and his allies will try again.

Yes, Muni is (perpetually) broke, and yes, deficits and cuts mean declines in service. But Campos has identified money to pay for the program without damaging operating and maintenance funds. Oh, and the parking meters get dragged in again:

The understandable public perception is that Muni is expanding parking meters to Sundays, adding new meters, and raising ticket prices not to pay for improvements to the system but rather to fund free Muni for all youth, even those who don’t need the subsidy.

And the problem with that is … what? People with cars ought to subsidize transit riders — young, old and everything in between. It’s really not that expensive to park at a meter in San Francisco, and now that most of them take credit cards, you don’t have to carry $5 in quarters around with you. I drive a car myself, to ferry my kids around. I have no sympathy for people who pay to have a large motor vehicle in a transit-first city and don’t want to pay for the impacts.

(Besides, what are all those religious people complaining about — nobody pays to park for Sunday church anyway. They just park in the middle of the street.)

But put all of that aside for a minute and think about this: San Francisco spends all kinds of money, directly and indirectly, trying to convince people to ride Muni instead of driving. And one of the best ways to get new riders is to get kids started as transit users as soon as their parents decide they’re old enough to get on the bus.

For us, that was sixth grade, when we bought my son a clipper card and told him we weren’t leaving work early to pick him up (in the car) after school any more. I showed him how to find the Muni map on the web, showed him how to connect to NextBus on his phone, gave him a pat on the head (not really) and sent him off to explore the wonders of San Francisco public transit. It’s worked like a charm: He takes the bus to his martial arts class, takes the bus to Cards and Comics to buy Magic Cards, takes the bus to the mall and to visit friends … and now he knows more about the system than I do. He can navigate on his own anywhere in town — and he loves it. It’s freedom. Suburban kids have to wait until they’re 16 and can get a driver’s license to even begin to get that sense that they don’t need parents in tow to go where they want to go.

Most of the teenagers I know in this city don’t bother to learn to drive any more. They bike and they take the bus. That’s a wonderful thing — and San Francisco should do everything possible to encourage it.

And a great way to start is to invest a modest amount of money — less than one percent of Muni’s budget — in training kids that the way to travel is by bus and train. Make it easy; make it free. Hell, half the middle-school kids who ride Muni never pay the fare anyway; they go in the back door and pocket the money that their parents gave them for bus fare so they can buy something they aren’t supposed to have. It’s the way of the world.

This isn’t just a subsidy for kids who can’t afford Muni, although that’s a great thing and I’m all in favor. It’s an investment in the future, a cheap step toward a future day when turning 16 isn’t all about going to the DMV, and travel doesn’t mean car travel — and the streets of San Francisco are cleaner, safer, less crowded and better for all of us. Isn’t that worth the money?

Come on, Tom Nolan; you’re the swing vote. Make this happen.