Supervisors

Sutter/CPMC agrees to a contract with its nurses in SF, clearing the path for its hospital deal

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Ending a long and contentious labor impasse and setting the stage for the city to approve the pair of new hospitals that Sutter Health and its California Pacific Medical Center affiliate want to build in San Francisco, the California Nurses Association today announced that it has reached a tentative contract agreement with the hospital corporations.

As we’ve reported, reaching a deal with its nurses seemed to be the last major hurdle for Sutter/CPMC to overcome before the community-labor coalition would fully support the compromise hospital deal that a city-CPMC negotiating team announced on March 5. The nurses helped force that hard-won deal in part by aggressively advocating for St. Luke’s Hospital to remain financially viable and open to the low-income community it serves.

“We are delighted to finally reach a contract deal. It’s been six years of a very contentious relationship,” Eileen Prendiville, a registered nurse who works at CPMC’s California Campus, told the Guardian. She said that the nurses are thrilled to have attained good job security and patient advocacy standards while ensuring St. Luke’s stays open. “Working with a coalition of labor and community, we were successful at changing the face of healthcare in San Francisco.”

Under a previous agreement reached last year between CPMC and the Mayor’s Office, St. Luke’s would have had just 80 beds and could have been closed if the corporations revenues sagged. But activists and the Board of Supervisors were able to kill it and force the corporations back to the bargaining table.

In today’s print edition of the Guardian, I cover the movement to value caregiving in our uncaring economic system and the key role that CNA has played has in that growing movement. In San Francisco, CNA has faced down lawsuits, lock-outs, and harsh union-busting tactics as it pushed for contracts with strong patient advocacy protections.

Sup. David Campos, who help negotiate the latest hospital deal, said he was “thrilled” to hear Sutter/CPMC reached a deal with CNA. “We’ve always said it’s really important as we finalize the agreement that there is protection for the workers,” Campos told us.

Board President David Chiu, another key negotiator in the recent deal, told us, “I’m tremendously excited that there’s finally an agreement between oru nurses and CPMC, and thank the parties for their hard work in reaching this point. Along with the agreement we recently arrived at for the new Cathedral Hill and St. Luke’s campuses, this is an important moment for our city’s health care futue.”

CPMC spokespersons didn’t immediately respond to our calls for comment, but we’ll update this post if and when we hear back. The CNA press release announcing the deal and its details follows:

 

 

Nurses Reach Agreement with Sutter California Pacific

RNs Hail Community Support, Decision to Keep St. Luke’s Open 

 

Registered nurses at two San Francisco Sutter hospitals, California Pacific Medical Center and St. Luke’s Hospital, have, at long last, reached agreement with hospital officials on a new collective bargaining contract for the 800 RNs who work at the two facilities, the California Nurses Association said today.

The agreement expands patient protections, strengthens the nurses’ bargaining and job security rights, and provides for economic gains. It must still be ratified by CPMC and St. Luke’s nurses who will vote on the pact in membership meetings soon.

The RNs emphasized that they are especially pleased with the overall political and community framework, announced earlier this month, that preserves St. Luke’s after years of uncertainly and threats of closure for the historic hospital that serves a medically underserved community in San Francisco.

CNA Executive Director RoseAnn DeMoro praised the unity of the nurses over the long contract fight and the broad public support for nurses as critical to protecting St. Luke’s and winning a new agreement for the nurses.

“San Francisco nurses have worked extremely hard, with the widespread support of a very broad community coalition and the support of a number of community leaders, including members of the Board of Supervisors, to protect this vital community resource. We are proud of the efforts of everyone who has held the line for maintaining St. Luke’s,” DeMoro said.

For the first time, the RNs at both hospitals will be under one contract with equal job security and seniority rights. The pact includes safe patient handling provisions to stem patient falls and injuries to patients and nurses. Additionally it obligates the employer to provide for meal and rest breaks and stipulates that new technology not supplant RN professional judgment.

On economics, all the RNs will receive across the board pay increases of 6 percent over the next 34 months, as well as additional pay based on years of service in the San Francisco hospitals, at other Sutter facilities, and foreign nursing experience.

“We are delighted to finally reach a contract settlement with Sutter/CPMC,” said California Pacific campus RN Susan Blaschak RN.  “Our contract provides for continued patient advocacy and will keep our professional nursing standards high for years to come.”

“The process has been tumultuous but in the end we had a vision and we were successful in performing the ultimate in patient advocacy – saving St Luke’s,” said Jane Sandoval, a St. Luke’s RN and CNA board member. “In addition, with our collective bargaining agreement we have preserved patient care standards, having a voice in that and in our professional integrity.”

“Working with a coalition of labor and community groups, we have been successful in changing the face of healthcare for San Francisco’s future. St Luke’s will not only remain open it will offer more healthcare services to residents in the community south of Market,” said Eileen Prendiville RN at the California Pacific campus of CPMC.

“Our contract settlement was also made possible by the strong support for the nurses by San Franciscans for Healthcare, Housing, Jobs and Justice as well as elected leaders who knew San Franciscans overall would be best served by a fair collective bargaining agreement,” said Sandoval.

CNA also calls on Sutter officials in its headquarters in Sacramento, and other Sutter regions to view the San Francisco agreement as a new opportunity to resolve outstanding contract fights with RNs in the East Bay and North Bay.

Nurses have now reached agreement with CNA-represented Sutter hospitals in the past nine months at Mills-Peninsula in Burlingame and San Mateo, Sutter Santa Rosa, Sutter Lakeside in Lakeport, and Sutter VNA in Santa Cruz.

Contracts remain unresolved at Alta Bates Summit in Berkeley and Oakland, Eden in Castro Valley and San Leandro, Sutter Delta in Antioch, Sutter Solano in Vallejo, and Sutter Novato.

“Every one of those disputes could also be resolved if those hospital’s officials would approach negotiations with a desire to stop the war on their nurses, remove unwarranted and punitive concessions demands, and show the community served by their hospitals that they desire a cooperative relationship with nurses based on therapeutic healing for their patients,” said Sandoval.

Mayor Lee’s mysterious breakfast companions [UPDATED]

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

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

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

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

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

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

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

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

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

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

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

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

LGBT youth law, ignored

Thirteen years ago, the San Francisco Board of Supervisors enacted an ordinance designed to make city services more accessible to lesbian, gay, bisexual and transgender youth. Under Chapter 12N of the San Francisco Administrative Code, city departments must provide LGBT sensitivity training “to any employee or volunteer who has direct contact with youth.” It also applies to any collaborative youth service providers who receive $50,000 or more in city funding.

Fueled with great intentions, 12N is the letter of the law in a city known for its tolerance and forward-thinking, progressive values. “San Francisco is committed to ensuring that LGBTQ youth receive the same level of dignity and respect as granted to all residents when encountering city services and programs,” a statement on the Human Rights Commission website reads.

There’s only one problem. With the exception of one department, 12N has never actually been implemented.

Last week, Paul Monge-Rodriguez, a 23-year-old appointee to the San Francisco Youth Commission, approached the Harvey Milk LGBT Democratic Club to point out that 12N has never been put into practice.

“To this day, there’s only one city department in compliance, and that’s the Department of Public Health,” Monge-Rodriguez explained in an interview with the Guardian. Other major service providers include the Human Services Agency, the Department of Children Youth & their Families, and the Office of Economic and Workforce Development.

An effort to push implementation, led by the Youth Commission, the Human Rights Commission and LYRIC — a nonprofit organization addressing issues facing LGBT youth — is gaining traction. Sup. John Avalos called for a hearing; following Monge-Rodriguez’s presentation, the Milk Club voted to formally support the effort.

“We pass these laws, but then when it comes to putting it in action, we don’t always live up to the legislation,” Avalos told the Guardian. “Basically, the city hasn’t implemented the program in terms of providing training for city staff.”

Jodi Schwartz, executive director of LYRIC, argues that 12N implementation should involve collection of sexual orientation and transgender identity data so as to better inform agencies about the populations they serve. The San Francisco Unified School District is the only district nationwide that collects sexual orientation and gender identity data when studying risk behavior for middle and high school students — and the results of a 2011 SFUSD anonymous survey revealed an alarming number of suicide attempts reported among queer youth.

According to SFUSD’s suicide indicators analysis, more than a third of high school students and nearly half of middle school students who self-identified as transgender reported having attempted suicide at some point; meanwhile, about a third of middle school students and about 17 percent of high school students who identified as lesbian, gay or bisexual also reported having attempted suicide.

The data is based on extrapolations and assumes no overlap between transgender and LGB populations, and concrete data in this realm is generally difficult to obtain. But based on the SFUSD data, LYRIC estimated that more than 1,000 LGBT students in middle and high school had reported attempting suicide. It’s a disturbing figure to say the least. If other agencies begin collecting such data, Schwartz argues, “they’ll use it to inform their priorities as an institution.”

Youth Commissioner Mia Tu Mutch, 22, helped create a training video that was shown to city staff at the Department of Public Health as part of a pilot program to initiate the sensitivity training mandated under 12N.

“Some of the stories talked about trans people feeling unsafe or unwelcome by service providers,” she explained when asked about the video, which was not made publicly available. “One featured a gender-queer young person who felt more comfortable using gender-neutral terms, but the intake person went out of their way to use the wrong pronoun.”

Tu Mutch worked with LYRIC to create a Tumblr site, entitled 12N Now or Never, featuring photographs of queer youth holding up signs asking for immediate 12N implementation. Her own sign reads, “I need 12N because youth shouldn’t have to educate adults.” Another message, posted by a young person named Vincent, reads, “I need 12N because I don’t want my kids to be judged like I was.”

“I think it just speaks to the bureaucratic process,” David Miree, spokesperson for the Human Rights Commission, responded when asked about the long delay. “The great intentions were there to put it into an ordinance. But what had to happen was, there had to be someone, or some community, or some agency” to step in and make it happen.

Schwartz takes a different view on why so little has been done. “There’s a lack of political will,” she says, “to invest the resources to do the transformation that’s necessary.”

Campaign to ban bottled water sales in national parks targets GGNRA

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UPDATED A national campaign to ban the sale of disposal plastic water and soda bottles in our national parks – which is being actively opposed by Coca-Cola and others who bottle and sell water, that most basic of life-sustaining resources – has arrived in San Francisco as it targets Yosemite and the Golden Gate National Recreation Area.

“We have thousands of people in the area who are very supportive and working hard on this,” Alyse Opatowski, an organizer with Corporate Accountability International’s Think Outside the Bottle campaign, told the Guardian.

Opatowski and a host of local supporters – including Board of Supervisors President David Chiu, Sierra Club Chapter Executive Director Michelle Meyer, and Hans Florine, who holds a world record for speed climbing in Yosemite – will rally tomorrow (Wed/27) at 10:30am in Crissy Field to publicize the campaign and hold a blind taste tasting comparing San Francisco tap water to bottled waters.

And we know who wins that one, right? San Franciscans are justifiably proud of our water, the best urban water in the country, arriving to us through what’s essentially a gravity-fed straw from the Hetch Hetchy Reservoir adjacent to Yosemite. Even though that project broke famed naturalist John Muir’s heart a century ago, it was a engineering marvel and enduring source of clean power and water that we voted overwhelmingly to protect in November when voters rejected a study of the sentimentalists’ dream of removing it.

But back to the issue at hand: activists say that selling single-use water bottles in the national parks in antithetical to environmental stewardship. Health advocates have made some progress in curtailing our addiction to soda, but those crafty soda companies responded by commodifying that which is available basically for free in every locality in the country. And they aren’t about to give up that market without a fight.

Coca-Cola – whose spokespeople haven’t yet returned out calls for comment – gives lots of money to the National Parks Foundation and has used that influence to stall efforts to have the National Parks Service ban bottled water. So the campaign is targetting individual regions, including the GGNRA, which seems well positioned to advance the cause.

Cheers to that.

UPDATE 3/27: American Beverage Association spokesperson Chuck Finnie issued a prepared statement to us that began, “Eliminating plastic bottles altogether isn’t the answer because it limits personal choice and doesn’t address the bigger picture. People should have the choice to decide how they drink water in a National Park — from a bottle of water, from a water fountain, or from a refillable container. While making that choice, they should be educated on the benefits of recycling and ways to do so.”

Live Shots: LGBT Community Center celebrates 11 colorful years

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Photos by Bowerbird Photography

Last Saturday, the disco ball sparkled from above, while below on the dance floor, party-goers glittered in gold. There was much to celebrate, with the SF LGBT Community Center‘s annual gala “Soiree” celebrating 11 years of sercing the community — and even more to drink, with bottomless bottles of champagne. There were also plenty of sights to drink in, including a few bottomless pairs of pants!

Of course, it was partying with a cause: tickets and auction items went to benefit the Center and their programs. With same-sex marriage equality rights in the balance this week at the U.S. Supreme Court, the Center made it clear that the LGBT community can always depend on them, regardless the outcome. District Supervisors David Campos and Scott Weiner also were in attendance and voiced their commitment to the Center.

Tita Aida worked the stage, introducing one great drag act after the other, including performances by Honey Mahogany, Ambrosia Salad, Miss Rahni, and Alotta Boutte. The theme was Studio 11, explaining why Salvador Dali watched haughtily from the VIP section, as boys in golden spanky pants made their rounds turning eyes. It was a night to remember, or at least a night to try to remember (after all that booze!). Congratulations to the LGBT Center for another year of amazing work and for throwing another wonderful gay-la.

 

Spare change, Larry?

Tensions flared over the America’s Cup last week as critics called for billionaire yacht owner Larry Ellison to cover the looming city deficit out of his own deep pockets.

It’s evidently a popular idea: A petition asking Ellison to pony up had collected 1,663 signatures as of Wednesday morning.

The language in the petition, started by former Sup. Aaron Peskin, cuts straight to the point: “Your net worth is $43 billion,” it states. “Covering the America’s Cup debt would be equivalent to a person who has $40,000 donating $13.95. Is that too much to ask?”

At a hearing March 13, Sup. John Avalos asked why the city’s General Fund was on the hook to help cover costs for the yachting event, despite earlier assurances that the city would be reimbursed for tournament-related expenses.

The prestigious international yacht race will be held on the San Francisco Bay starting in July. A host and venue agreement hashed out between the city and race organizers provided that the America’s Cup Organizing Committee, the tournament’s fundraising arm, would “endeavor” to solicit donations from private donors to reimburse the city for expenses incurred, originally pegged at $32 million. Total city costs are now estimated to hover around $22 million, but so far ACOC has sent less than $7 million in reimbursement, city agency representatives reported at the hearing.

The fundraising committee has mostly come up dry on the rest — and now Avalos is irked because the city agency that negotiated the deal appears to be “moving the buoys,” as he characterized it, by counting a projected tax revenue boost instead of actual reimbursement dollars as adequate compensation for city spending.

Mike Martin, tasked with leading the city’s involvement in the America’s Cup under the Office of Economic and Workforce Development, showed a slide at the hearing suggesting that ACOC’s “remaining fundraising need” was just $2.6 million, since a projected $13 million in increased tax revenues would bring the city to a break-even point. That projection was based on expected increases in sales, payroll and hotel taxes during the yachting event.

The presentation seemed to reframe the premise that the city would be made whole for tournament-related expenditures, as well as reap the benefits of a tax boost, in exchange for agreeing to host the sailing events. Yet Martin called this notion a “mischaracterization” in a phone interview.

“I don’t disagree that there are people who think that this is not what they understood to be the deal,” Martin said, clearly reacting to Avalos. But “this was part of the policy dialogue at all steps of the conversation.”

Reached by phone after the hearing, Avalos did not sound satisfied with the responses he’d heard. “It seems that the commitments that were made to the Board in 2010 … are not being taken seriously,” he said. “Now that they’re coming up short on fundraising efforts, they’re trying to say the General Fund should be subsidizing the cost of the race.”

Martin pointed to a report prepared by Budget and Legislative Analyst Harvey Rose in December of 2010, before the contract between the city and race organizers was finalized. The report included a break-even analysis that factored in tax revenues, and Martin stressed that this consideration had been part of the dialogue since the outset.

But that same report also contained a key recommendation: Rose advised the supervisors to amend the proposed agreement to “require that the America’s Cup Organizing Committee pay the City and County of San Francisco $32 million, or final estimated city costs.”

No such ironclad requirement was ever included; instead, the fine print in the final agreement wound up containing watered-down language: “The Authority and the City acknowledge and agree that they are not relying in any manner on any current or future commitment … or any statements, representation, or actions of, any … agent of [ACOC].”

Nick Magel, who works for Causes.com, told us that Peskin’s online petition calling on Ellison to cover the fundraising shortfall was gaining more momentum than most online campaigns taken up via the website. “The campaign is performing well, considering it’s less than a day old,” he said March 15. “The most impressive indicator is that over 95 percent of the signatories are from the Bay Area. Seems the campaign is striking a chord with local residents.”

The real CPMC story

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OPINION The recently announced terms for the development of California Pacific Medical Center’s hospitals at Cathedral Hill and St. Luke’s generated front-page and lead stories in the local news media. But nearly without exception, only part of the story was reported. Missing from most accounts of the terms of the new deal, which dramatically changed last year’s failed draft development agreement negotiated by Mayor Ed Lee, was the decisive role played by a community/labor coalition, San Franciscans for Healthcare, Housing, Jobs and Justice.

Key details of the agreement have yet to be finalized, and provisions of the terms announced on March 5th need to be improved. But the new agreement, in virtually all respects, is an improvement over the old one. And on the same day the terms of the new deal was announced one of the union members of the coalition, the National Union of Healthcare Workers signed a contact with CPMC that protected union organizing rights, job security at Cathedral Hill and full employer paid health care — issues that had been unresolved over the last few years. Still missing is an ageement between Sutter and its nurses, a critical component of labor peace.

The basic structure of the current terms mirror almost exactly the positions outlined by the SFHHJJ over the last year, including a requirement for labor peace with all unions at CPMC. This was no accident; it was the result of the efforts of the community/labor coalition. When the old deal was stalled at the Board of Supervisors in early 2013 and it was clear that the Mayors Office had no idea how to proceed, the members of the coalition came up with a framework to get discussions going again. The key ingredient was the involvement of a skilled an knowledgeable mediator, mutually respected by all parties and the participation of Sutter Corp. in Sacramento — the real party able to make actual binding corporate commitments, not the subsidiary the mayor had dealt with.

The second step was to agree to a framework of issues that would form the substance of negotiations — and the coalition’s own comprehensive set of positions served as that framework.

The next step was to get a critical mass of supervisors to agree to participate in the negotiations. Two Supervisors, David Chiu and David Campos, agreed to the coalition’s framework and the use of a third-party mediator. They added a third supervisor, Mark Farrell, to their group in order to assure buy-in from the full board.

Finally, the mediator had to be found and in that the coalition (and the rest of the city) simply were lucky that Lou Girardo was willing and able to provide his own special skills and credibility.

The SFHHJJ is not the first community/labor coalition in San Francisco history. Such coalitions were present in both the District 1 and District 5 supervisors races last year with mixed success, and in 2008 a community/labor coalition fought for revenue measures, again with mixed success but real unity. A new labor/community coalition has emerged to oppose Scott Wiener’s ill-advised weakening of our local California Environmental Policy Act procedures.

As the Democratic Party transforms itself into ever greater political irrelevancy by becoming the home of moderate Republicanism at all levels of government, community and labor co-operation seems to be growing over an increasing number of issues, showing a level of political vibrancy impossible to ignore.

Calvin Welch is a longtime community organizer in San Francisco and is a member of the SFHHJJ CPMC Negotiating Committee

Last gasp ends the sordid Mirkarimi saga

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A San Francisco judge has dismissed a defamation lawsuit against Sheriff Ross Mirkarimi and his wife, Eliana Lopez, which is likely to be the last step in an ugly and protracted political, legal, and administrative battle stemming from Mirkarimi grabbing Lopez’s arm during an argument on Dec. 31, 2011.

The couple’s neighbors, attorney Abraham Mertens and his wife, Ivory Madison, reported the grabbing incident to police over the objections of Lopez, who had sought advice from Madison and allowed her to film a short but emotional video displaying a bruise on her arm, which became the main evidence against Mirkarimi.

That exploded into a high-profile drama in which Mirkarimi was vilified by the media, charged with domestic violence and witness dissuasion, pleaded guilty to misdemeanor false imprisonment, suspended without pay for six months by Mayor Ed Lee, and finally reinstated to office by the Board of Supervisors in October.

Along the way, the two couples – who are still neighbors, despite Mirkarimi’s efforts to sell his house and move – became increasingly bitter public rivals. Lopez consistently denied being abused and implied to reporters that Mertens and Madison had political motives for breaking her confidence and reporting the incident to police. Mertens and Madison maintained that Mirkarimi tried to dissuade their cooperation with police – an allegation that the long investigation failed to substantiate – and blasted Mirkarimi and Lopez in a San Francisco Chronicle op-ed.

Other than that, Madison and Mertens refused to talk to the press as the saga unfolded – a stance they maintained today, with a man who answered the phone at the Red Room website business they run immediately telling us, “They’re not interested in talking.”

But Madison, who went to law school before becoming a fantasy writer, did let loose in June when she submitted a wild, incredible 22-page declaration to the Ethics Commission as part of the city’s effort to permanently remove Mirkarimi on official misconduct charges, purporting to describe the tyrannical way the Mirkarimi ran the household, as Madison claimed she was told by Lopez (which she disputes).

The commission criticized and gutted the declaration, finding that it was prejudicial and contained little usable evidence. Commissioner Paul Renne even dressed down the deputy city attorneys for submitting it, calling it “clearly hearsay, clearly having the intention of poisoning the well of this hearing,” causing Deputy City Attorney Peter Keith to apologize and explain they had little to do with the declaration because Madison had hired a private attorney who helped her prepare it.

The couple and their attorney have threatened to sue Mirkarimi and Lopez for more than a year, and they finally filed the defamation case in January, and it has now been quickly dismissed. Domestic violence advocates and allies of Mayor Lee also threatened a recall election against Mirkarimi, but that also seemed to wither late last year – meaning this is probably the last we’ll hear about this case, at least until Mirkarimi runs for reelection in two years, if he decides to do so.

Asked to comment on the lawsuit’s dismissal, Mirkarimi told the Guardian, “My family and I are very happy and have moved forward, and I hope they are too.” His attorney, David Waggoner, told us, “Hopefully, the dismissal represents the end of what has been a long and painful experience for everyone involved.”

Pizza delivery drones?

Well, this is intriguing. According to an event announcement for an upcoming talk this Wednesday, there are some bizarre new developments on the “innovation in San Francisco” front. “New plans are being launched to help entrepreneurs launch their dreams,” the San Francisco Technology Democrats informs us, “from mobile apps to making pizza delivery drones available.”

Drones? For pizza delivery? Shouldn’t someone warn the American Civil Liberties Union?

In any case, the talk aims to give curious techies, policy wonks, activists and others an opportunity to pose questions to Board of Supervisors President David Chiu and Chief Innovation Officer Jay Nath concerning San Francisco’s Open Data Portal, proposed revisions to Open Data laws, and similar topics of interest. It will be held Wed/20 from 6:30 to 9:30 p.m. at the Marine’s Memorial Club Fireplace Room, 609 Sutter, in San Francisco.

CPMC deal gets warm welcome despite some shortcomings

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Even though the Board of Supervisors unanimously approved the term sheet for the California Pacific Medical Center’s hospital deal this week, comments from the supervisors and the general public indicated there are still a few outstanding issues before the project returns to the board for final approval, probably in July.

As the Guardian recently reported, CPMC’s longstanding contract impasse with the California Nurses Association remains the biggest sticking point even for many labor-community coalition members who helped hammer out the deal that was announced last week. James Tracy of the Community Housing Partnership told the supervisors that he was almost ready to uncork the champagne and celebrate, “but I’m holding off until there is labor peace with the nurses.”

New District 5 Sup. London Breed went on extended tirade ripping into the hard-won compromise plan, voicing support for the nurses, wanting more specifics on how affordable housing money will be used, calling for more money for job training to support the plan’s local hiring standards (“I need to know how this is going to transfer into support for Western Addition residents,” and concluding that she’s generally supportive of the deal but “I will reserve final judgment.”

Calvin Welch of the Council of Community Housing Organizations echoed Breed’s concern that the $36.5 million in affordable housing funds will be paid into the Mayor’s Office of Housing’s general pot rather than be set aside for specific projects. “We are very concerned with how this multi-faceted program will unfold,” Welch said, asking that COCHO be included in decisions about how the money from CPMC gets used.

Sup. Scott Wiener decried how the new deal’s $14 million in transportation impact fees is 30 percent less than the ill-fated previous deal – the result of a significantly smaller footprint of the Cathedral Hill Hospital – saying, “Once again transit comes out on the short end.”

The change called for by more supervisors than any other is an increase in job training funds to support the guarantee that 30 percent of construction jobs and 40 percent of permanent entry level jobs go to San Franciscans. Even though job training funds were doubled to $4 million under the new agreement, some supervisors and activists say that’s not enough.

“That’s a big improvement, but it’s still not enough, given the type of training needed for low-income San Franciscans to be able to work in the hospitals,” Gordon Mar of San Franciscans For Healthcare, Housing, Jobs and Justice told the Guardian.

Yet even with all these gripes and picking of nits, which will play out as the development agreement is prepared and goes through the Planning Commission approval process starting in May, the consensus across the ideological spectrum seems to be that this is a good deal for the city that is likely to be approved if CPMC can reach a contract with CNA

And all hailed it as a vast improvement over the deal CPMC cut last year with the Mayor’s Office, offering a lesson for city officials who are now negotiating other big deals, such as the Warriors Arena proposal. As Sup. John Avalos said at the hearing, “I remember a statement form the Mayor’s Office last year that this is the best we can get. I think we always need to challenge that.”

Tough questions asked on America’s Cup fundraising shortfall

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

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

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

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

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

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

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

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

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

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

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

The right to transgender health care

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OPINION When I first came out as a transgender man in the mid 1990s, I quickly realized that I would have to pay out-of-pocket for the health care I needed.

Nearly every insurance plan has outdated exclusions that bar transgender people from receiving medically necessary health care. Everything from cancer screenings to the care related to gender transition is commonly excluded, despite being provided without exclusion to non-transgender health insurance customers.

For working people everywhere, including members of the LGBT community, accessible, affordable, quality healthcare is critical. And for union members like myself, healthcare equity is part of a basic and broader vision for equality for all people.

In recognition of this vision, Pride at Work, the SEIU National Lavender Caucus, National Center for Transgender Equality, the Transgender Law Center, and Basic Rights Oregon have partnered for the very first Transgender Month of Action, aimed at lifting the healthcare inequities that face our community.

I began to gender transition in 1996, starting with hormone therapy, a process that required walking through countless hoops. I will forever be thankful to the Tom Wadell Clinic and Lyon Martin Clinic for making hormone therapy accessible to low-income and uninsured trans people like myself, but I know I was one of the lucky ones. A few years later, when I was insured, I began to feel as if insurance companies were the gatekeepers of my body.

I knew that I needed to get chest surgery and that it wouldn’t be covered by my insurance, so I held a rent party and told my friends and loved ones that I needed help. It took a lot of vulnerability to do that. Like everyone else, transgender people need acute care when they are sick and preventative care to keep us from becoming ill, including services that are traditionally considered to be gender specific — such as Pap smears, prostate exams, and mammograms.

But insurers frequently expand discriminatory exclusions in a way that denies transgender people coverage for basic services. Take the outrageous example of a transgender woman in New Jersey who was denied coverage for a mammogram on the basis that it fell under her plan’s sweeping exclusion for all treatments “related to changing sex.”

Sometimes, trans people are denied care completely. In the late 1990s, I went to a gynecologist, but the doctor refused to treat me. Over the next 10 years, likes so many other trans people, I did not get an exam, too embarrassed and outraged to seek treatment.

In 2001, I worked with the a group of transgender healthcare activists to remove discriminatory exclusions for trans employees. When the Board of Supervisors voted to remove these exclusions, it was a huge and historic victory. Since that decision over a decade ago, San Francisco has proudly provided inclusive health care to city employees — and there’s been no cost increase to the overall plan.

Pride at Work, the organization that brings together LGBT union members and their allies, has a sign in the office that states: An injury to one is an injury to all. That’s the premise that underscores the labor movement’s commitment to LGBT equality, including trans-inclusive healthcare.

And it’s why Pride at Work is organizing local and national efforts to educate LGBT people and labor unions about the importance of ensuring access to basic healthcare for transgender people and providing coverage of medically-necessary transition-related care in health insurance. This first-of-its-kind effort is inspired by the belief that all workers deserve to have all medically-necessary care covered by health insurance, including transgender people whose healthcare needs are not being met.

Gabriel Haaland is co-vice president of Pride at Work.

Editor’s Notes

7

tredmond@sfbg.com

EDITOR’S NOTES I wasn’t invited to the meeting where Mayor Ed Lee (and Willie Brown and Rose Pak) sat down with representatives of Lennar Corp. and a Chinese investment consortium to try to finalize a deal for Treasure Island. But I can tell you with near-absolute certainty that what comes out will not be good for San Francisco.

I can tell you that because every major project the mayor has negotiated has been bad for the city.

The way the California Pacific Medical Center project came down is a perfect example. The mayor worked directly with Sutter Corp., which owns CPMC, last spring, and in March, came out with a proposal that he and his allies presented as the best the city and the hospital giant could do.

It was awful.

CPMC would pay nowhere near enough in housing money to offset the new jobs it was creating. St. Luke’s, the critical public health link in the Mission, would be cut to 80 beds, below what it needed to be sustainable. Only about five percent of the 1,500 new jobs would go to existing San Francisco residents.

It was also pretty much dead on arrival at the Board of Supervisors, where a broad-based group of community activists pushed for big changes — and won. Sups. David Campos, David Chiu, and Mark Farrell stepped into the void created by a lack of mayoral leadership and forced Sutter to accept a much better deal, with St. Luke’s at 120 beds, vastly increased charity care, a guarantee that 40 percent of the new jobs will go to San Franciscans, and a much-better housing and transit component.

The mayor got rolled; he was ready to accept what everyone with any sense knew was better for Sutter than for his constituents. He clearly didn’t know how to say what the supervisors said: This won’t work, and we’d rather walk away from the whole deal than accept a crappy outcome.

That’s exactly what’s going on with the Warriors’ arena — the mayor is giving away the store. And he, with Brown and Pak at his side, will do the same at Treasure Island.

The balance of power in the city is moving to the board. And for good reason — the supervisors seem to be able to get things done.

Supervisors approve Western SoMa Plan, rejecting expanded office development

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The Board of Supervisors today approved the Western South of Market Community Plan, the first step to ending a development moratorium that has been in place since the citizen-based planning process that developed the plan began in 2005, but not before some supervisors made a last-ditch effort to allow more office development and nightlife.

“I have real concerns over the plan,” Sup. Scott Wiener said as the plan came before the full board for the first time, continuing an effort to modify the plan that he began a few weeks ago when it was before the Land Use and Economic Development Committee.

While some of Wiener’s colleagues echoed his concerns and those raised by the business and entertainment communities, most decided to defer to the area’s Sup. Jane Kim and the Western SoMa Task Force that developed the plan. It was approved on a 10-1 vote, with Wiener in dissent. It will guide development and set land use rules for the Western SoMa area after being approved on second reading by the board next week.

Wiener led the critique of the plan’s restrictions on office development in most of the plan area, particularly around the transit hub of 4th and King streets, concerns that were echoed by Sups. London Breed and Malia Cohen, likely indicating that the business community has been lobbying supervisors on the issue.

But Kim said she is concerned about the area’s artists, nonprofits, and light industrial businesses – dubbed Production Distribution and Repair (PDR) in the city planning code – being squeezed out if the area is opened up to more office development.

“Office space is hot right now and it’s pushing out PDR uses,” Kim said. “Zoning is an importance tool, otherwise everything will turn into offices in South of Market.”

Wiener, Breed, and other supervisors also sounded their support for the entertainment community that has lobbied for changes in the plan, winning greater protections for nightlife at earlier hearings – including a ban on residential development on the raucous 300 block of 11th Street and persuading owners of “the purple building” to switch from residential to office – pushing for removal of more of the plan’s restrictions on attaining limited live music permits.

“I also have some real concerns with how the plan treats nightlife and entertainment,” Wiener said, while Breed said, “As a big supporter of the arts, I’m concerned there are limited live performances in the plan.”

Kim noted that the plan tried to strike a balance in the conflict between nightlife and housing, and she said that expanding the ability business in areas zoned Regional Commercial District (RCD) shouldn’t be done in just in a part of town where there conflicts have often been difficult to resolve.

“If you’re going to permit it in the RCD areas, it should be citywide rather than just in Western SoMa,” Kim said, noting that she’s open to futher discussions after the plan is approved.

Sup. David Campos and other supervisors urged their colleagues not to tinker with the compromises and hard-won balance in the plan. “I’m not 100 percent happy with every aspect of the plan, but I do think some deference should be given to the district supervisor,” Campos said.

Wiener agreed that deference to the desires of district supervisors is an important consideration, “but there are times when this board does not vote the same as their supervisors,” citing as an example the board’s approval of the controversial 8 Washington luxury condo project over the objections of Board President David Chiu.

Afterward, Terrence Alan of the California Music and Culture Association, which had lobbied for expanded protections of nightlife, told us, “Entertainment as a whole fared well.” But he said that they would continue pushing for greater citywide nightlife protections, including supporting Wiener’s proposal to expand the limited live music permits to include DJs.

Next, the Treasure Island sellout

82

Now that he’s done such a bang-up job negotiating a deal for the CMPC hospital, leaving the supervisors to clean up the mess, does anyone think that the hurry-up-and-finish-in-time-for-a-China-trip talks with Rose Pak and Willie Brown (who has his own interests here, too) will have a good outcome for San Francisco?

Because I don’t.

Nothing the mayor has directly negotiated with private interests has been anything but a disaster for the city. America’s Cup, the Warriors arena, CPMC … the guy just can’t seem to say No. And you really don’t want someone who gives away the story to be representing the city when there are billions of dollars and the future of a huge new neighborhood (on a sinking island in the middle of a rising bay) at stake.

I still don’t see how intense residential and commercial development works on TI, when there’s only one overcrowded artery on and off the island. In New York, people who live on Staten Island are used to using the (free, heavily subsidized)  ferry — 60,000 a day take the boats into Manhattan. That’s going to be a huge stretch for people who live on TI, where there will be limited shopping (even for things like groceries) — and at this point, I don’t see the developer, or the city, purchasing and paying for enough cheap ferry service to make it an effective form of transportation.

That said, if we can make it work as a transit-first community, I have no problem with developing Treasure Island — but I don’t see Lee getting the level of civic benefits out of Lennar and the China Development Corporation that San Francisco needs to make this pencil out. Hasn’t happened yet. 

 

Nurses still waiting for CPMC to fully embrace San Francisco

25

Labor and community activists cheered this week’s news of a much-improved deal between the city and California Pacific Medical Center to build two new hospitals in San Francisco, and there are hopeful signs that frosty local relations with this sometimes-stubborn corporate behemoth may improve. But they also say they are withholding full support for the deal until CPMC reaches a contract agreement with the California Nurses Association.

CPMC and its parent, Sutter Health, have had a nasty running battle with CNA over the six years since their last contract expired that has included strikes, lockouts, lawsuits, harsh union-busting tactics, and the pooling of bad blood on both sides. But CPMC announced a labor agreement with its other major union, National Union of Healthcare Workers, on the day after the hospital deal was announced and there are signs that a deal with CNA could also be imminent.

“We’ve made some progress and we have the makings of a settlement on the table, but we’re not there yet. Yet now is the time,” Fernando Losada, CNA’s collective bargaining director for California.

It was CNA and other labor groups that effectively partnered with community organizations and progressive members of the Board of Supervisors last year to kill the hospital deal that CPMC cut with the Mayor’s Office and to force the much-improved agreement that was announced on Tuesday. “It’s all about necessity and their being able to implement their plans,” Losada said of CPMC’s designs on San Francisco. “Obviously, the full of implementation of their plans were thwarted with the help of some good community organizing.”

And Losada said he expects that labor-community coalition to stand firm on expecting CPMC to reach a fair agreement with the nurses, who are seeking more job security and benefit concessions than CPMC has been willing to make so far.

“The successful community organizing that we played an active role in putting together has had a lot to do with them being more forthcoming at the bargaining table,” Losada said. “We like where this has ended up, particularly on the St. Luke’s [Hospital] issue [guaranteeing a larger and more viable new hospital than originally proposed]. But we can’t support this wholeheartedly and we won’t if our nurses are left out in the cold.”

Gordon Mar of San Franciscans for Healthcare, Housing, Jobs, and Justice, which formed up around the CPMC negotiations with the city, said that most community groups will also insist on CPMC reaching an agreement with CNA before the project moves forward.

“A contract for CNA is the last remaining big issue the coalition would like to see resolved,” Mar, who also works with the labor group Jobs With Justice, told us. “We at Jobs With Justice would not support the deal unless the CNA dispute is resolved.”

Paul Kumar, a consultant with NUHW who represented the coalition during the negotiations between CPMC and the city, as represented mostly by Sups. David Campos, David Chiu, and Mark Farrell, said he was happy to see CPMC reach agreements with the city and NUHW, but that it’s too soon to conclude the corporate has turned over a new leaf.

“I think it’s premature because relationships take a long time to transform themselves, but there are transformative moments, and it’s our duty to make the best of them. This may be one of them,” Kumar told us. “They’re obviously now trying to pursue their business interests in alignment with their community instead of without regard to their community, which has characterized their behavior in the past.”

Kumar said the coalition that overcame last year’s aggressive and uncompromising effort by CPMC to push through a deal that was bad for the city has learned a lot from that fight and evened out the playing field. “It’s up to us to try to build on their breakthrough,” Kumar said.

CPMC spokesperson Dean Fryer was unable to put the Guardian on contact with Sutter officials that our sources say may be responsible for the softening of CPMC’s tough negotiating stance in San Francisco, or to offer a comment on the changing dynamics in the company.

He stressed that CPMC has “a lot of interface with various communities in San Francisco” and said the company “does more charity care than anyone in San Francisco.” But he’s only been with CPMC for a few months and was unaware of studies last year showing CPMC actually does the least per-capita charity care of any hospital in San Francisco, a major point of controversy that resulted in improved charity care commitments in the latest agreement.

As for the prospects of an agreement with its nurses, “I can’t address CNA, that has been ongoing and it’s something I can’t comment on.”

NUHW – which represents medical technicians, administrative staff, and hospital workers other than nurses and doctors – announced that it reached a deal with CPMC at 12:30am on Tuesday that includes no labor concessions, retroactive wage increases, job security provisions, fully employer-paid health coverage, an improved pension, and maintenance of retiree health coverage.

Losada said he was happy to see the CPMC agreement with the city include strong local hiring requirements for construction workers, a predominantly male workforce, and now it’s time for CPMC to do right by its nurses, “an overwhelmingly female workforce.”

“As it stands, they have no protections and no guarantees they’ll be hired in the new facilities,” he said, noting how frustrating it’s been to get any assurances from CPMC as it has pursued this hospital deal over many years. “It’s always been about issues of job security, and affordable health care, ironically.”

Compromised position

16

steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

 

 

ADMINISTRATOR-IN-CHIEF

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

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

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

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

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

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

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

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

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

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

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

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

 

 

CHIU’S CENTRAL ROLE

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

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

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

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

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

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

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

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

“Unlikely trio” of supervisors saves CPMC hospital deal

37

An ideologically diverse trio of supervisors, a community-minded mediator, and a deliberate negotiations process (one that that involved local stakeholders and verified corporate claims) has managed to do what the Mayor’s Office couldn’t: reach an agreement that seems to be a good deal for the city and has broad political support for California Pacific Medical Center to build two new full-service hospitals in town.

It differs from the disastrous deal announced by Mayor Ed Lee last year in key ways. St. Luke’s Hospital – a staple of care for low-income San Franciscans that must to rebuilt to meet new state earthquake safety standards – will be about 50 percent larger than previously proposed, while the new luxury hospital that CPMC has been trying to build on Cathedral Hill will be about 50 percent smaller.

That simple flip alleviated much of the Cathedral Hill project’s impact on traffic and affordable housing – which CPMC will still pay $14 million and $36.5 million respectively to mitigate, more than in the previous agreement and part of a roughly $80 million payment to the city – and overcame community concerns about the company’s commitment to St. Luke’s.

The new deal also has stronger local hiring requirements and more stringent guarantees that CPMC will serve MediCal patients and provide more charity care to the poor, regardless of the company’s financial situation, while maintaining contributions to community-based organizations at the same level as under the previous agreement.

In many ways, the agreement repudiates the deal cut last year by Mayor Ed Lee, which CPMC refused to significantly modify or even support with verifiable financial claims even as it fell apart in spectacular fashion under scrutiny last year by the Board of Supervisors, particularly during hearings at the Land Use Committee chaired by Sup. Eric Mar.

That flawed deal was rushed to completion just as the Saleforce headquarters expansion that had been trumpeted by Lee and the America’s Cup real estate deal both fell apart, which sources tell the Guardian put pressure on Lee to quickly deliver something to the business community and building trades (read tomorrow’s Guardian for more on Lee’s approach to tough negotiations and its implications).

But today’s press conference to announce the new deal at St. Luke’s was a forward-looking celebration of what was universally lauded as a big victory for the community. And most of the credit seems to go to mediator Lou Giraudo, who owns Boudin Bakery, and Sups. David Campos, David Chiu, and Mark Farrell, who all stepped up late last summer to salvage the project.

“There are two stories: the deal itself and the process,” Giraudo told the crowd. He said that he had some trepidation going in and that all he knew of the supervisors was what he read in the newspapers, and that the three represented the left (Campos), right (Farrell), and center (Chiu). Giraudo said they were the keys to making this deal happen.

“I have never been so impressed by politicians to come together as one,” Giraudo said, praising the trio for working hard, bringing in outside expertise to verify CPMC’s financial claims, and working with their constituencies. “We depoliticized together and then we built trust.”

Farrell also praised both the deal – “It ensures we have access to quality health care for years to come in San Francisco.” – and the process, in which the three supervisors worked well together. “I think about the future of the Board of Supervisors and us working together as colleagues,” he said. “None of us have spent more time on anything than we have CPMC.”

Campos echoed the point. “I really cannot be more proud of the work that we as the Board of Supervisors did here,” Campos said, noting how they had all committed to work together for the good of the city, demonstrating “how we, as the Board of Supervisors, can work on even the most difficult issues and resolve them.”

He also praised his constituents in the community coalition of labor, housing, and social justice advocates – including San Franciscans for Healthcare, Housing, Jobs, and Justice – who had pushed for a better deal for San Francisco. “This is a victory for them at the end of the day,” Campos said, singling out their consultant Paul Kumar for helping shape a deal that ensures that, “St. Luke’s plays a large role in the CPMC system.”

Kumar, a consultant with the National Union of Healthcare Workers who wasn’t at the event, later told the Guardian, “This is a victory for democratic planning.” He noted that CPMC and its parent company, Sutter Health, are notoriously hard-nosed negotiators and that he’s hoping this agreement represents a turning point in their relationship with the community and their employees.

“The question is if we can parlay this into a better and more responsible relationship between Sutter and the city,” Kumar said.

Chiu – who has been at the center of several difficult city negotiations in recent years, and who helped lead the board’s charge against CPMC last year – told the conference, “When we started this process, I was not hugely optimistic we would get here,” calling the supervisors “an unlikely trio.” But he praised all parties involved for working to get a deal with strong local hiring and charity care provisions.

“This is a comprehensive project,” Chiu said.

When Lee spoke, he praised the deal and the crucial role played by the three supervisors. “This project would not have gotten done without their direct involvement,” said Lee, who didn’t attend any of the dozens of negotiating sessions, although Ken Rich from the Mayor’s Office was involved. Yet the unusually grim-faced mayor also seemed to bring up the only doubts expressed about the deal, saying “The job is never done, this is an announcement about where we are today” and vaguely warning that, “It’s sensitive, people do have trepidation about what this will mean to them going forward.”

Afterward, Lee took reporters’ questions while walking steadily to his car, without pausing to get into what he was alluded to or why this deal seems so much better than the one he cut, except to say that the “health care landscape has changed.” Later, a mayoral staffer who would only speak on background, said one key to this deal was that CPMC had decided that demand for hospital beds would drop in the future and that they needed fewer in San Francisco.

CPMC CEO Dr. Warren Browner, who had some tough clashes with supervisors last year, didn’t go into the reasons behind the sweetened deal during his presentation (except to contest Giraudo’s comment that he had fought through “deal fatigue and was weary at times” by saying that he actually had a lingering case of “walking pneumonia” that he thanked CPMC’s medical staff for helping to cure.).

After comparing the negotiations to the legend of Sisyphus repeatedly pushing a boulder uphill, Browner said, “We are looking forward to going through the process and putting shovels in the ground, hopefully in 2013.”

 

Terms of the deal, which were formally introduced at today’s Board of Supervisors meeting, include:

  • Permits for a 120-bed St. Luke’s Hospital, 274-bed Cathedral Hill Hospital (or an additional 30 beds if St. Luke’s operates at 75 percent capacity), medical office buildings at both hospitals, a parking garage with up to 990 spaces (limited to CPMC staff and patients only) on Cathedral Hill, and a new Neurosciences Institute at Davies Medical Center.

  • St. Luke’s Hospital will have a number of specified services – including acute care, senior and community health care, labor and delivery, intensive care, cancer treatment, mental health services, and outpatient care – to ensure it remains a full-service hospital.

  • CPMC caring for 30,000 charity care and 5,400 Medi-Cal managed care patients per year, limits on healthcare cost increases to city employees, and CPMC endowing a new $9 million Healthcare Innovation Fund to increase capacity at local clinics.

  • CPMC contributing $36.5 million to the city’s affordable housing fund and paying $4.1 million to replace the homes it displaces on Cathedral Hill.

  • At least 30 percent of construction job and 40 percent of the permanent entry-level positions in the new facilities will be San Franciscans, and CPMC will contribute $4 million to job training.

  • To offset transportation impacts at Cathedral Hill, CPMC will give $14 million to the SFMTA and “institute a robust transportation demand management program,” as well as spending $13 million on pedestrian safety and streetscape improvements at all its San Francisco facilities.

 

 

Just ignore the Chamber of Commerce

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The Chronicle made a big deal of the fact that the Chamber of Commerce has a “21-point advocacy agenda” that “could weaken” the city’s “boundry pushing legislation and pro-labor policies.”

But really, nobody should even care.

The Chamber’s been pretty irrelevant to local politics for years now, and there’s no way six members of the Board of Supervisors are going to take the backward-thinking group up on its efforts to contract out city services and slow down cutting-edge proposals.

Actually, most of the “21-point agenda” is pretty tame. The Chamber, for example, wants to “Work with city government and advocacy groups to improve the ability of residents and visitors to move efficiently around the City by car, transit, bike and taxis.” And it hopes to “Continue to promote San Francisco’s small businesses through formulating favorable public policies and providing ample networking opportunities.” Wow. Hold the front page.

As for the things that might actually matter, forget it. Contracting out comes up almost every year at budget time; every year, a unified labor community shoots it down. This year will be the same. And nobody’s going to get City Attorney Dennis Herrera to release a public analysis of every piece of legislation before it’s approved.

Herrera’s better than his predecessors, by far, but he’s a lawyer, and lawyers don’t like to share with anyone the advice they give their clients. I often wish Herrera’s office would release more than it does, but unless the supervisors declare that they no longer want confidential advice from their attorney (which has its charm, to be sure, but also some real downsides) then the current policy will continue. Herrera will privately tell board members that there might be legal risks to some of their bills; the elected supervisors will decide whether to take those risks or not.

While I’m always an advocate of open government, the city attorney is not the Supreme Court. In the really bad old days, a city attorney named George Agnost used to routinely shut down progressive legislation by announcing that it was unconstitutional, leaving even conservative members of the board to denounce him. When the supes pass something, it’s a presumptively valid law. If you don’t like it, you can sue. The courts — not the city attorney — decide what’s legal and what isn’t.

And I have no idea where the Chamber’s Jim Lazarus came up with this:

But prior to Herrera and his predecessor, Louise Renne, city attorneys regularly issued public opinions, said Lazarus, a deputy city attorney in the 1970s who lost to Herrera in the 2001 election.

That’s completely untrue. I know; when Agnost was city attorney (in the 1970s and early 1980s) I tried constantly to get copies of his legal opinions. The vast majority were never released. That office was so secretive the city attorney wouldn’t even tell you his name if it wasn’t written on the door. When I pushed the issue, Agnost told me that copies of every non-confidential opinion he’d ever written were available at the public library. I went there. There were exactly three opinions on file, all of them noncontroversial and unrelated to any pending legislation.

Look, we all know that Gavin Newsom pushed the boundries of law when he approved same-sex marriages. But the California Supreme Court, faced with San Francisco’s civic disobedience, changed the law and said marriage was a basic right. And the US Supreme Court is about to do the same thing. Is the Chamber arguing that Newsom was wrong?

The Chamber is yesterday’s news. I don’t even know why we pay attention any more.

 

 

 

Big waterfront projects prompt study of new transportation ideas

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The massive development projects being proposed along San Francisco’s central waterfront – from the proposed Warriors Arena at Pier 30 through the Giants’ housing/retail project at Pier 48 down to Forest City’s sprawling proposal around Pier 70 – will create huge challenges for the city’s already overtaxed transportation system.

Nobody is more aware of that issue than Warriors President Rick Welts as he seeks approval to build a 17,500-seat arena with just a smattering of parking spaces. “We’re investing a billion dollars in this property, and if people aren’t comfortable getting to it and leaving it, we have a problem,” Welts told a gathering of the California Music and Culture Association on Tuesday night, responding to a local resident who raised the concern. “We have to get that right, it’s at the top of our list.”

With Muni and BART already at capacity during peak hours, and thousands of new housing units being built in the coming years both along the waterfront and from nearby SoMa down through the Eastern Neighborhoods Plan area, city transportation planners are trying to get ahead of potential problems created by the development boom.

“We’re now taking a step back and looking at the long-term needs from the Exploratorium down to Pier 70,” says San Francisco Municipal Transportation Agency planner Peter Albert, who is leading a comprehensive waterfront transportation study that will inform the environmental studies done for each of these projects. “What we get is an environmental review that is much smarter because we have all this advanced planning….EIRs are important, but they aren’t really planning.”

Albert is looking at everything from working with various transportation agencies to beef up bus, train, and ferry services to the area; using these projects to complete the ambitious but underfunded and long-stalled Blue-Greenway bicycle path along the waterfront; accelerating capital projects that are already in the SFMTA’s queue; and exploring a dozen or so new ideas.

“What’s also coming out of this are new ideas we’re coming up with, things we weren’t even thinking of that may make sense,” Albert told us, noting that he’ll be doing his first presentation of some of these ideas to the SFMTA Board of Directors on March 5.

They include extending new streetcar service along the Embarcadero to the Caltrain station at 4th and King or possibly all the way out to the Anchor Steam Brewing-anchored project at Pier 48 (which would probably involve construction of new streetcar turn-arounds); better integrating the Central Subway project into Mission Bay and the Embarcadero with new bus and rail connections around 20th and 3rd streets; and expansion of the Embarcadero BART station to increase its peak capacity.

Welts said BART will be an important connector to the new Warriors Arena, noting that the walking distance from Pier 30 to the Embarcadero station is actually about the same distance as the Coliseum BART station is from the entrance to the Warriors’ current arena. He said that he’s excited about Albert’s work and wants to cooperate with helping the city meet its transportation needs: “We have a lot of process to go through and we’re embracing that process.”

Funding the needed improvements will be a challenge, particularly because new development projects generally don’t pay for their full impacts to the transportation system, as SFMTA head Ed Reiskin and Sup. Scott Wiener have told the Guardian. On Monday, Wiener amended the Western SoMa Community Plan to increase how much developers would pay in transportation impact fees.

Albert said funding for the needed improvements to the area’s transportation system would come from a combination of mitigation fees from the developers, reprioritizing the SFMTA’s existing capital budget, and securing state and federal transportation grants by developing impactful projects that are shovel-ready, thanks to this advanced planning effort.

These three waterfront development projects alone could have huge impacts. The Warriors Arena would host more than 200 concerts and sporting events per year, drawing anywhere from a few thousand to more than 17,500 people. The Giants’ Pier 48 proposal involves 27 acres of new development, including retail, office, Anchor Brewing, and about 1,500 homes. And Forest City’s proposal for Pier 70 involves about 1,000 homes, 2.2 million square feet of office space, and 275,000 square feet of retail and light manufacturing.

Addressing the waterfront’s transportation challenges, Board of Supervisors President David Chiu told the Guardian, “It is possibly the most difficult and important question surrounding the Warriors project, and I’ve encouraged all parties to make sure they get it right.”