Supervisors

Political power play unseats SF Police Commissioner

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Police Commissioner Angela Chan fought the federal government as they unjustly tried to deport undocumented San Franciscans who were guilty of no crimes, and won. She fought to arm the SFPD with de-escalation tactics instead of Tasers, and won again.

But at the April 30 Board of Supervisors meeting, Chan lost. The board denied her reappointment to the Police Commission, and seven supervisors voted to appoint her opponent, Victor Hwang, instead.

The decision came after heated backdoor politicking by Chinatown political leader Rose Pak, insiders told us. Politicians involved would only speak on background, for fear of reprisal from Pak, yet indicated that Pak felt Chan did not consult often enough with Chinatown interests and focused too broadly on issues of concern to other communities.

Chan gained national recognition for her work against Secure Communities, challenging a provision that allows U.S. Immigration and Customs Enforcement to call for illegal holds of undocumented persons they’d later like to deport. Pak came out swinging against Chan in the wake of those battles, we were told.

“It’s a sad day for the immigrant rights movement when a strong leader cannot be reappointed,” Sup. Eric Mar said just before the vote.

After Sup. Katy Tang introduced the motion to strike Chan’s name from the appointment, and replace it with Hwang’s, other supervisors noted the obvious elephant in the room — there was not only one vacant seat on the police commission, but two.

Supervisor John Avalos suggested the Board of Supervisors make a motion to request the mayor appoint Hwang himself, allowing for both Chan and Hwang to be appointed.

But Board of Supervisors President David Chiu said he’d asked Mayor Lee that very question to no avail. “It is not something that will happen,” he said. “It is not the practice of the mayor to solve difficult decisions of the board. It’s up to us.”

Sups. Mark Farrell, Scott Wiener, Malia Cohen, London Breed, Jane Kim, Tang and Chiu voted to strike Chan’s name from the appointment, and to vote to appoint Hwang instead. (Joe Fitzgerald Rodriguez)

LAWSUIT FILED TO HALT TECH SHUTTLE PILOT

The road to regulating Google Buses has a new pothole: a lawsuit.

A lawsuit filed in San Francisco Superior Court May 1 demands the San Francisco Municipal Transportation Agency’s commuter shuttle pilot program be put on hold while a full environmental review is conducted under the California Environmental Quality Act.

“We know that these buses are having devastating impacts on our neighborhoods, driving up rents and evictions of long-time San Francisco residents,” said Sara Shortt, executive director of the Housing Rights Committee of San Francisco and one of the lawsuit petitioners. “We’ve protested in the streets and taken our plea to City Hall to no avail. We hope to finally receive justice in a court of law.”

The suit was filed against the City and County of San Francisco, Mayor Ed Lee, the Board of Supervisors, the SFMTA, Google, Genentech, Apple, and a handful of private transportation providers. It alleges the tech shuttle pilot project is in violation of the California Vehicle Code, which prohibits any vehicle — except common carriers (public buses) — to pull into red zones that are designated as bus stops. It also alleges the city abused its discretion and violated the CEQA by exempting the Shuttle Project from environmental review. (Joe Fitzgerald Rodriguez)

ILLEGAL ANTI-CAMPOS FLYERS TARGETED IN ETHICS COMPLAINT

Several San Francisco neighborhoods over the last week have been targeted with illegal campaign flyers against Assembly candidate David Campos — breaking both state election laws requiring the group and its funding source to be identified and local laws against placing political flyers on utility poles and other surfaces.

Former Ethics Commission Eileen Hansen this week filed a complaint about the guerilla campaigning with the California Fair Political Practices Commission, which has jurisdiction over state races.

“I am asking for the intervention of your office into what appears to be a blatant and arrogant violation of campaign finance reporting and disclosure laws in California’s 17th Assembly District Primary Election,” Hansen wrote in the April 30 letter. “As you well know, the political climate in San Francisco is quite sensitive, and nerves are raw. If this violation is allowed to continue, it will have a chilling effect on the entire election and further alienate voters, and potential voters.”

The race between Campos and David Chiu has indeed gotten more heated in recent weeks, but Chiu campaign manager Nicole Derse denies that the campaign has any knowledge or involvement with the illegal campaigning: “We think everyone in this race should be transparent.”

In her letter, Hansen casts doubt on the Chiu campaign’s claims of innocence: “The wide distribution, professional design, and overnight appearance in distant locations strongly suggest that these flyers have been produced and distributed by a funded political organization aligned with Assembly candidate David Chiu, whose aim is to attack and discredit Chiu’s opponent David Campos.”

And she even identifies a leading suspect in this illegal campaigning: Enrique Pearce and his Left Coast Communications firm, which has a history of dirty tricks campaigning on behalf of Mayor Ed Lee and other establishment politicians. Hansen notes that the flyers appeared right after the registration of a new campaign committee, San Franciscans for Effective Government to Support David Chiu. Although the group hasn’t reported any fundraising yet, its contact phone number goes to Left Coast Communications and Pearce, who hasn’t yet returned our calls on the issue.

This campaign stunt in reminiscent of an “independent expenditure” effort in the District 6 supervisorial race in 2010, when Pearce was connected to a mailer supporting Sup. Jane Kim that was funded partially by Willie Brown, again because the supposedly independent group listed his phone number even though he was worked directly for Kim.

The anti-Campos mailers include some nasty and misleading charges, labeling Campos “City Hall’s Hypocrite” by falsely claiming Campos ignored rising evictions until he decided to run for the Assembly and that he was concerned about Google buses but wanted to charge them less than $1 per stop. A third flyer claims Campos “lets wifebeater sheriff keep his job” for his vote against removing Sheriff Ross Mirkarimi from office for official misconduct.

“This is a secretly funded shadow organization aligned with David Chiu, committing a desperate move that is as illegal and it is false in its claims,” Campos told us, saying he hopes the FPPC is able to stop and punish those involved. (Steven T. Jones)

SUPES CALL FOR INCREASED YOUTH FUNDING

José-Luis Mejia says he’s seen a little bit of everything in his work with transitional-age youth.

A few have died suddenly; others wound up incarcerated. Then there are those who beat the odds by attending top-level universities, opening up their own businesses, or dedicating themselves to public service.

As associate director of Transitional Age Youth San Francisco, Mejia was part of a grassroots coalition that has been working for about two years on crafting a measure that aims to increase funding for youth programs, seeking to give a boost to transitional-age youth services in particular.

It culminated with the April 30 introduction at the Board of Supervisors of a suite of new proposals to support youth programs, including a pair of charter amendments that will appear on the November ballot.

An amendment sponsored by Sup. John Avalos would renew the existing Children’s Fund, renaming it the Children and Youth Fund, and increasing the property-tax set-aside that supports it from three cents per $100 of assessed valuation to five cents. Funding would be designated for programs set up to aid “disconnected transitional-aged youth,” including homeless or disabled youth, unmarried parents, those who identify as LGBTQ or are aging out of foster care, and other specified categories. The amendment would also create a Commission on Children, Youth, and Their Families, to oversee the Department of Children Youth and their families. A second charter amendment would extend the Public Education Enrichment Fund (PEEF), another source of funding for youth programs.

Avalos has strong support on the Board, but the mayor’s office has reportedly been pressuring supervisors not to support Avalos’ measure.

“As we all know, San Francisco is experiencing incredible economic activity,” Avalos noted April 30. “We’re experiencing growth and speculation that is lifting many boats, but not lifting all boats. And some of the people who are not doing so well are children and families.”

The Children’s Fund, and PEEF currently set aside over $100 million for children and youth in San Francisco. The funding sources would sunset if action were not taken to extend them. (Rebecca Bowe)

 

Chiu for Assembly

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OPINION

San Francisco is at a crossroads. While some residents benefit from prosperity, an affordable housing crisis coupled with income inequality make this a time of struggle for other San Franciscans.

Our inclusive, diverse culture that has historically made San Francisco a haven for artists, immigrants, and innovators is at stake. Given this, effective progressive leadership is critical to ensuring that our city remains a place where all San Franciscans can afford to live and prosper. That’s why I urge you to vote for my friend, President of the Board of Supervisors David Chiu, to represent San Francisco in the California State Assembly.

As president, David has demonstrated an inclusive, unifying leadership style that has had a transformative impact at City Hall. He really listens to everyone, and brings people together to address our city’s most critical challenges. He combines rock solid progressive values with a fervent drive to do more than talk — to actually get the big stuff done.

The proof is in the pudding: he’s passed more pieces of legislation than any other current supervisor in every major policy arena, and his colleagues have elected him president three times.

David has delivered consistently on our city’s most critical issue: affordable housing. A tenant in San Francisco himself for the past 18 years, David has fought to protect and expand affordable housing across the city, leading efforts to build more housing for homeless veterans, transitional age youth, and seniors.

He supported rebuilding dilapidated public housing projects that have been in total disrepair. He has supported the strengthening of habitability standards in housing across the board. He led the charge to create a 10-year moratorium on condo conversions and to prioritize victims of Ellis Act evictions for our city’s affordable housing opportunities.

After multiple failed attempts by supervisors over two decades, he passed legislation to finally legalize in-law units, preserving one of our city’s largest existing stocks of affordable housing. David will continue to work to stem San Francisco’s affordable housing crisis in the Assembly, including pushing hard to reform the Ellis Act.

David has been a leader on a host of other important issues. An avid biker who doesn’t own a car, David has spearheaded groundbreaking environmental legislation, banning the sale of plastic water bottles on city property, expanding urban agriculture, and prohibiting the delivery of unwanted Yellow Pages. He’s increased funding for community arts, an issue close to my heart as an artist. He has championed language access for our city’s immigrants, and fought for the reunification of LGBT immigrant families.

Under his leadership, San Francisco is the first city in the country to establish the right to civil counsel for low-income residents being denied basic human rights such as housing, as well as to give workers the right to request flexible and predictable working arrangements to take care of their families. He passed progressive business tax reform that will bring $300 million of new revenues over the next decade.

When it comes down to it, we have two Assembly candidates, David Chiu and David Campos, who share the strongly held progressive values of the Guardian’s readers. I am a longtime supporter of the Guardian and have valued its endorsement in my previous races. The difference lies in style and effectiveness.

I know how urgently San Francisco needs a leader in the Assembly who can bring people together to get significant things done. The challenges and opportunities our city faces demand it. I know David Chiu can do this because he has done it, over and over again, in five and a half remarkably effective years of progressive leadership on the Board of Supervisors.

Please join me in supporting David Chiu for State Assembly.

Debra Walker is an artist who serves on the Building Inspection Commission, recently reappointed to that seat by David Chiu.

Watching the police

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rebecca@sfbg.com

Nearly two years ago, on July 18, 2012, on-duty San Francisco police officer Mary Godfrey fired her weapon twice, killing 32-year-old Oakland resident Pralith Pralourng in an encounter at Washington and Davis streets.

Following the incident, police said Pralourng was mentally ill and had lunged at Godfrey with a box cutter, prompting her to fire in defense of her own life. Just before it happened, Pralourng had slashed his coworker at Tcho chocolate factory and fled.

Last September, the San Francisco Police Department honored Godfrey with a silver medal of valor for her conduct in that incident. The second-highest possible honor, silver medals are awarded in cases where an officer exhibits “outstanding bravery in the performance of duty,” according to a definition on the SFPD website, and “risks his or her life with full and unquestionable knowledge of the danger involved.”

However, an internal affairs investigation into the officer-involved shooting remained open at the time that the medal was awarded. In fact, in a May 5 voicemail, police spokesperson Albie Esparza confirmed to the Bay Guardian: “That case is still open, so there is no more information that we are going to release at this time.”

More than eight months have passed since Godfrey was honored — and yet the shooting is still under investigation.

The San Francisco Police Commission voted to approve Godfrey’s silver medal, along with a list of other medal of valor recipients, at its June 26, 2013 meeting. But it was Commissioner Angela Chan, who was recently denied reappointment to her post in a 7-4 vote by the Board of Supervisors, who cast the lone dissenting vote (See “SFBG Wrap” in this issue).

Chan was later quoted in press reports as saying she believed that awarding Godfrey with a medal of valor before the formal investigative process had concluded seemed to undermine that process. Internal affairs investigations are part of the city’s formal process to ensure police accountability. San Francisco also has an independent city department, the Office of Citizen Complaints, which provides civilian oversight by making determinations about citizen complaints alleging officer misconduct.

Chan’s dissenting vote prompted a backlash from the San Francisco Police Officers Association. In a blistering letter dated September 11, 2013, President Martin Halloran informed police commissioners of the POA’s “extreme disappointment” in the dissenting vote, also sending a copy of the letter to Mayor Ed Lee.

“Officer Godfrey was extremely upset when I met with her and immediately voiced her regret at having to take the life of another human being,” Halloran wrote. “It is every officer’s worst nightmare. The emotional and psychological trauma following an officer involved shooting can be severe, and it is absolutely essential that officers involved in these types of incidents receive positive reinforcement, as well as counseling, to reassure them that they did nothing wrong.”

Counseling seems appropriate, but Halloran’s blanket statement that officers involved in deadly use of force incidents should be reassured that “they did nothing wrong” seems to discount the city’s process for determining whether or not an officer’s action was justified.

The SFPOA president went on to note that his organization has long complained that “officers are left hanging for months, and in some cases years, before being recognized for their heroic acts, sometimes making them feel more insecure and raising more self-doubts about their actions.”

The SFPOA’s overt condemnation of Chan for her dissent suggests that the police commissioner faced strong opposition from a politically powerful entity when she came up for reappointment.

More importantly, it suggests that the SFPOA won’t hesitate to exert pressure on police commissioners who question the department’s actions — and raises questions about why top brass would ignore an open investigation that had yet to establish whether Godfrey “did nothing wrong.”

Internal affairs investigators weren’t the only ones looking into this fatal shooting of Pralourng. The OCC, the civilian police oversight board, was also investigating the incident when Godfrey was honored. Almost two years after the fact, the OCC investigation also remains open.

The OCC’s annual report, released March 12, was slated for presentation at the Police Commission on May 7. The 179-page report shines a light on the allegations filed against police officers, the process by which these complaints are investigated and addressed, and the rate at which complaints are sustained and followed up with disciplinary action.

Being a police officer isn’t easy, and can be very dangerous — even costing officers their lives in extreme circumstances. The OCC report notes that 75 percent of San Francisco police officers did not have any complaints filed against them in 2013. But of the remaining 25 percent, the report noted that 131 officers had been named in two or more complaints, while another 405 officers had each been flagged in a single complaint.

If the OCC determines that a complaint about officer misconduct is valid, then it is counted as “sustained.”

In 2013, according to the report, the OCC received 727 complaints, and closed 722 complaints. Of the 722 that were closed, 43 — or about 6 percent — were sustained. Of those sustained cases, 91 percent resulted in corrective or disciplinary action by the SFPD, the report noted, ranging from a verbal admonishment to a suspension.

Of the 43 cases that were sustained, 56 percent were for “neglect of duty,” the majority of which was issued for failure to collect traffic stop data. That was followed by “unwarranted action” at 24 percent, “conduct reflecting discredit represented” at 10 percent, “unnecessary force” at 7 percent, and “discourtesy” at 3 percent.

A synopsis of the “unnecessary force” findings provides examples, such as an incident in which “a sergeant and officers used unnecessary force when without cause, they entered a residence, grabbed, detained, arrested and removed an occupant from the residence, and took him to the ground.”

But according to the report, “By far the most frequent finding in all allegations was ‘not sustained,'” reflecting the outcome of 61 percent of allegations in OCC complaints.

The determination “not sustained” isn’t the same as finding that an officer acted appropriately, nor does it mean a complainant made false allegations. Instead, the finding is issued when “there is not a preponderance of evidence to prove or disprove,” the allegation, OCC Executive Director Joyce Hicks told us.

Put more simply: An officer responds to a complainant with a contradictory account, and since there isn’t enough evidence to prove otherwise, the case is closed.

“Officers were found to have engaged in proper conduct in 25 percent of the allegations,” the breakdown continued. “Complainants’ allegations were ‘unfounded,’ or not true, in 2 percent of the allegations.”

A chart of “findings closed” in 2013 (a separate measure from complaints) showed that out of 2,183 findings, just 72 — or 3 percent — were sustained. The vast majority, 1,337 were “not sustained.”

A breakdown showing the nature of complaints filed reveals that five allegations of unnecessary use of force were sustained in 2013, while 167 were not sustained, out of a total of 208 complaints alleging unnecessary use of force.

At the end of 2013, according to the OCC report, the civilian oversight board “continued to investigate three officer-involved shootings. Two of these shootings resulted in the death of the suspect. In 2013, the OCC closed two 2011 officer involved shooting cases with no sustained findings.”

Hicks noted that she faces budgetary constraints that have prevented her from hiring more investigators, an ongoing problem at the OCC. “We still don’t have the best practices number of cases,” she said, noting that the City Controller had issued a 2007 audit stating that investigators should be handling no more than 16 cases at once, while “my investigators’ caseloads have never fallen below 21.”

Aside from its investigations into citizen complaints, the OCC also makes policy recommendations. Following a number of officer-involved shootings in 2012 involving mentally ill individuals, the OCC issued a set of recommendations on handling responses to individuals experiencing mental crisis — the exact sort of situation that led to Pralourng’s death in 2012.

Samara Marion, an attorney with the OCC, noted that one recommendation pertains to how the Firearm Discharge Review Board, which evaluates whether a shooting was justified, performs its analysis. Rather than merely relying on the internal affairs and homicide reports, Marion said, the OCC recommendation is to “have the training division do an analysis that’s point by point,” so that the determination is made taking into account “all of the decision-making and tactical steps leading up to the officer-involved shooting.”

That work is expected to continue, but as far as the Police Commission is concerned, it will have to go forward without input from Chan, who had planned to take a close look at officer-involved shootings in her next term.

“It was shameful and outrageous what happened, because I was targeted for doing what I believe in,” Chan said later. But she said political pressures has thwarted that goal.

“What happened was not really about me,” she continued. “It was about whether something as important as a civilian police oversight body should be politicized.”

Politics trumps police oversight

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EDITORIAL

A proven advocate for the public interest was removed from the San Francisco Police Commission last week. Not only was this a missed opportunity for stronger civilian oversight at a time when the San Francisco Police Department is under federal scrutiny, it raises disturbing implications about how things get done in City Hall.

The Board of Supervisors voted to oust Police Commissioner Angela Chan, voting 7-4 to strike Chan’s name from the appointment and replace it with contender Victor Hwang instead. City Hall insiders privately explained that Chinatown power broker Rose Pak, a friend of Mayor Ed Lee who wields great political influence, pressured supervisors to vote for Hwang specifically because she and her allies wanted Chan to be ousted. Supervisors who could not be relied upon to vote for Hwang were even reportedly cautioned that they shouldn’t be too vocal about their positions.

A civil rights attorney who proved effective and independent as a commissioner, Chan often directed pointed questions at police, for example drilling down on the finer details of officer-involved shootings.

Hwang, also a civil rights attorney, is qualified and respected, but he didn’t need to replace Chan. There’s another vacant seat on the commission — up to Mayor Ed Lee to appoint — so this vote was never about Hwang’s qualifications versus Chan’s. There was room for both.

This was about political patronage, pure and simple. It was about getting rid of an independent voice and replacing her with the former chair of the “Run Ed Run” committee, which urged Lee to break his pledge and run for mayor — a tradeoff that hurts police accountability.

Having two civil rights attorneys on the Police Commission would have sent a strong signal that the city is serious about addressing police misconduct at a time when the SFPD officers are facing federal charges for alleged civil rights violations (see “Crooked cops, March 4).

Supervisors should have called upon Lee to appoint Hwang rather than ousting Chan. Instead, the board majority was unwilling to challenge the consolidated power of Lee and his well-connected allies, who conducted an anti-democratic closed-door lobbying effort.

Board President David Chiu, who is running for Assembly, stated at the meeting that he’d asked Lee about appointing Hwang to the vacant seat, only to be told: “It is not something that will happen.”

So Chiu was unwilling to question the mayor’s bizarre refusal to appoint a candidate that Lee’s own allies were furiously advocating for. Instead of pushing for stronger civilian oversight of police, Chiu and six other supervisors voted to oust a commissioner with a proven track record.

If elected officials are casting votes for personal advancement, or out of fear that they’ll be rendered ineffective as punishment for pissing off the wrong people, then San Franciscans have a big problem: Their local government is beholden to the whims of entrenched power.

 

Cycling to City Hall

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steve@sfbg.com

When the first Bike to Work Day was held in San Francisco 20 years ago, cyclists had little support in City Hall. But on May 8, almost every one of the city’s top political leaders will take part in Bike to Work Day, pledging their support to an increasingly popular and important transportation option.

In fact, Bike to Work Day has become such an anticipated event in San Francisco that city officials and cycling advocates in recent years have used it as the deadline to unveil the latest high-profile bike project to demonstrate the city’s commitment to cycling.

This year, it’s the new contraflow bike lanes on lower Polk Street, an important connection from Market Street to City Hall that helps cyclists avoid dangerous, car-centric Van Ness Avenue or Larkin Street — without having to illegally cut up the one-way section of Polk.

When that $2.5 million bike and pedestrian project — with its attractive landscaping, pedestrian bulb-outs, pretty green lanes, and trio of special bike-only signal lights — was officially opened on May 2, bike activists kept circling the new lanes as if they were doing victory laps.

“I cannot think of a better way to kick off Bike Month in the Bay Area and the 20th anniversary of Bike to Work Day, coming up May 8, than to celebrate what I think is the most beautiful, functional, well-designed, and what is probably going to be the best used piece of bike infrastructure in our city,” San Francisco Bicycle Coalition Director Leah Shahum said at the ribbon-cutting ceremony.

She and the others who spoke at the event praised the city officials who moved quickly to complete this project, calling it a testament to the growing political will to make streets safer and more welcoming for cyclists.

“I will be honest, we put a lot of pressure on to get this done by Bike to Work Day,” Shahum said. “We really wanted to make sure you all and the folks throughout this city could, this year, for the first time in San Francisco’s history, make a safe and comfortable and direct link from Market Street…to City Hall.”

Building high-profile, separated cycletracks to the steps of City Hall seems to symbolically mark the arrival of cyclists into the political mainstream.

 

TIMES HAVE CHANGED

Twenty years ago, California Bicycle Coalition Director Dave Snyder was the head of SFBC, and he was able to persuade only one member of the Board of Supervisors to participate in that first Bike to Work Day.

“I should give a shout-out to Tom Ammiano because he was the first supervisor to care enough to ride on Bike to Work Day, back when the Board of Supervisors didn’t really care about cycling,” Snyder told us. “These days, it’s not uncommon for supervisors to ride for transportation, but back then none did.”

Shahum remembers it as well, back before the SFBC was one of the city’s largest member-based political advocacy organizations.

“Twenty years ago, Bike to Work Day was a fun but sort of lonely event,” Shahum told us, noting how the number of cyclists on the road has exploded in recent years. “Riding on a regular Thursday during rush hour feels like Bike to Work Day used to feel 20 years ago.”

But both Snyder and Shahum said the universal statements of support for cycling that emanate from City Hall these days are only half the battle.

“It’s a good idea to promote bicycling as a mainstream activity, and we won that battle,” Snyder said. “Now, we have to get them to put their money where their mouth is.”

With cycling projects receiving less than 1 percent of the city’s transportation funding, and city officials so far unwilling to pay for the projects that would allow the city to meet its official goal of 20 percent of all vehicle trips being by bike by the year 2020, Snyder said, “We haven’t accomplished that second goal yet.”

“We hear them all talk about investing money in bike infrastructure,” Shahum told us, “but now the decision makers need to do it.”

A report released in December by the Budget and Legislative Analyst’s Office shows that San Francisco spends less per capita on bike infrastructure, at just over $9 annually, than other bike-friendly US cities such as Portland, Minneapolis, and Seattle. And it found the city would need to spend about $580 million to reach its official goal of 20 percent bike mode-share by 2020.

Even meeting the SFMTA’s more moderate Strategic Plan Scenario — which aims to reach 8-10 percent mode-share by 2018 by creating 12 miles of new bike lanes and upgrading 50 existing miles and 50 intersections — would require $191 million. That’s $142 million more than the SFMTA now has budgeted for the work.

 

FUNDING PITCH

At the May 2 event on Polk Street, city officials used the new project to call on voters to approve a pair of transportation funding measure proposed by Mayor Ed Lee for the November ballot — an increase in the vehicle license fee and a $500 million general obligation bond — which the Board of Supervisors will consider later this month.

“Do you guys like what you see here?” SFMTA Director Ed Reiskin told the crowd, eliciting a rousing response. “Would you like to see more of this kind of work all over San Francisco?”

Then Reiskin connected that goal to the fall ballot measures, the lion’s share of which will go to Muni improvements.

“With the funds we have, there’s only so much of this we can do and we know the need is so great to make biking and walking a safer and more attractive means of getting around the city. If we want to do more of this, we’re going to need more support in November,” Reiskin said.

The city has make significant progress on new bike infrastructure in recent years, after a legal challenge of the city’s Bicycle Plan stalled projects for four years. Ben Jose, a spokesperson for the SFMTA, told us the Polk project is the 52nd of 60 bike improvement projects from the Bike Plan.

“And those that are left are signature projects like this one,” Jose said at the event, referring to high-profile bike lanes along Bayshore and Masonic boulevards, on upper Polk Street, and along Second Street that are among the bike projects now in the pipeline. But the city hasn’t yet devoted the resources to completing the city’s bike network.

“We want to do more projects like this with money from the fall ballot measure,” Rachel Gordon, a spokesperson for the Department of Public Works, told us. “We don’t have enough money in our general fund to do these projects and we hear loud and clear the streets need to be safer for bicyclists and pedestrians.”

 

LITTLE PROJECT, BIG GAIN

The new bikes lanes on Polk are only a few blocks, but it is those kinds of small but critical connections that determine whether cycling in the city is safe or scary.

“I want to know that I can bike safety going north and south on Polk Street, which is why I strongly, strongly support our protected bike lanes on Polk Street, so this is super exciting. As a beginning cyclist, these are the kinds of routes I need to see to get out of my car and onto a bike, so I’m really excited this is the direction our city is moving in,” Sup. Jane Kim said at the event.

Reiskin noted how awkward and unsafe it has been to get from Market Street to City Hall or up Polk Street: “Physically, it’s a pretty small project, but it’s so critically important for those of us who do get around by bike.”

Cyclist Shannon Dodge also spoke at the event, describing her previously awkward commute to work from the Mission District to Russian Hill: “It might look like a tiny stretch of bike lanes to most people, but to me and lots of other people it will make a huge difference. It means we can turn now directly onto Polk Street and we can do it safely.”

She also compared cycling in San Francisco today to the days just before Bike to Work Day began.

“Twenty-one years ago this month, I moved to San Francisco from the East Coast. I came in a van with three friends, so I didn’t bring a lot of possessions. But I did bring my bike and I’ve been biking in San Francisco ever since,” Dodge said.

Back then, in her younger days, she didn’t mind battling for space on the streets of San Francisco.

“When I first moved here, just out of college, safety was not that important to me. I kind of enjoyed the adrenaline rush of being out on a bike in traffic,” she said. “But now I’m a mom. I have a 3-year-old son, and my husband and I bike our son to and from his preschool everyday. And on the weekends we explore the city, which usually means he’s on one of our two bikes. Pretty soon, he’ll be riding his own bike out on San Francisco streets. So safety is incredibly important to me, as it is to all families.”

Lawsuit filed to halt “Google bus” shuttle pilot program

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The road to regulating Google Buses has a new pothole: a lawsuit. 

A lawsuit filed in San Francisco Superior Court today demands the San Francisco Municipal Transportation Agency’s commuter shuttle pilot program be set aside while a full environmental review is conducted under the California Environmental Quality Act.

“We know that these buses are having devastating impacts on our neighborhoods, driving up rents and evictions of long-time San Francisco residents,” Sara Shortt, executive director of the Housing Rights Committee of San Francisco and one of the lawsuit petitioners, said in a press statement. “We’ve protested in the streets and taken our plea to City Hall to no avail. We hope to finally receive justice in a court of law.”

The suit was filed against the City and County of San Francisco, Mayor Ed Lee, the Board of Supervisors, the SFMTA, Google, Genentech, Apple, and a handful of private transportation providers. It alleges the tech shuttle pilot project is in violation of the California Vehicle Code which prohibits any vehicle, except common carriers (public buses), to pull into red zones that are designated as bus stops. It also alleges the city abused its discretion and violated the CEQA by exempting the Shuttle Project from environmental review.

The Coalition for Fair, Legal and Environmental Transit, Service Employees International Union Local 1021, the union’s Alysabeth Alexander, and Shortt are the petitioners of the suit. In early April, they also petitioned the Board of Supervisors to vote for an environmental review of the tech shuttles.

The contentious meeting lasted over 7 hours, with housing advocates and tech workers firing shots from both sides into the night. Ultimately the supervisors voted 8-2 against the environmental review, a move seen as driven by a deferential attitude towards the technology industry in San Francisco. 

Paul Rose, a spokesperson for the SFMTA, responded to the lawsuit in an email to the Guardian.

“The agency developed this pilot proposal to help ensure the most efficient transportation network possible by reducing Muni delays and congestion on our roadways,” Rose wrote.  “We have not yet had a chance to review the lawsuit and it would not be appropriate to comment on any pending litigation.”

The early April vote was only the latest in the city’s alleged deferential treatment towards the commuter shuttles. 

The SFMTA allowed the shuttles to use Muni bus stops for years without enforcing illegal use of red zones, the suit alleges. A study by the city’s Budget and Legislative analyst revealed that out of 13,000 citations written to vehicles in red zones in the last three years only 45 were issued to tech shuttles — despite the SFMTA’s knowledge of 200 “conflicting” bus stops between Muni and the tech shuttles. 

Much has been made of those startling numbers, with petitioners alleging a “handshake deal” on the part of the SFMTA to tech company shuttles, allowing them to park at red zones at will.

But emails the Guardian obtained by public records request show Carli Paine, head of the tech shuttle pilot program, followed up complaints on illegal stops made by tech shuttles since 2010, but to no avail. 

“Know that I have made clear to the shuttle providers that the law says that it is not legal to stop in the Muni Zones,” Paine wrote in a July 2012 email to a colleague who was in contact with tech companies. “Participating in this process does not mean that they are guaranteed not to get tickets–especially if they are doing things that create safety concerns or delay Muni.”

Paine also attempted to clarify enforcement policies around the shuttles with enforcement officers from the SFPD and SFMTA, also to no avail, the emails show.

The deferential treatment to shuttles may not have originated from the SFMTA then, but from higher up the political ladder. 

“There are a number of our supervisors who do not want to buck the tech industry,” Shortt told the Guardian. “They feel there may be more to gain from allowing illegal activity to continue by these corporations than support.”

But does the suit call for the tech shuttles to stop running? We asked Richard Drury, the attorney filing the suit, to explain the specific asks of the suit.

“Not technically no,” Drury said. “They’ve operated illegally for years and the city turned a blind eye. They could continute to do that while the city runs an environmental review, but if the SFMTA or Police Department decided to start ticketing them for $271, they could.” 

So the lawsuit wouldn’t stop the shuttles. It just asks for them to be reviewed. 

Among issues regarding air quality the shuttles’ heavy weight damages city streets at much higher rates than cars, studies by the city’s Budget Legislative Analyst showed. Studies conducted by students and other interested individuals revealed increased rents near shuttle stops, which the filers of the lawsuit say leads to a displacement of residents.

Displacement is a consideration in CEQA reviews, a recent addition to state law.  

“We’re just asking for the city to study the impacts,” Drury said. “Maybe that means the shuttles get clean fuel, or corporations pay to offset displacement of residents.”

Below is a downloadable PDF of the lawsuit.

Google Bus Commuter Shuttle Lawsuit by FitztheReporter

Kink.com to hold Campos political fundraiser with exotic dancers

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Looks like the heat in the Assembly race is about to turn up a notch, but not in the way you’d expect.

State Assembly candidate and San Francisco Supervisor David Campos’ newest fundraiser will be hosted by the local pornographers, Kink.com, at the infamous Armory Club, the SF Examiner recently reported.

The porn-purveyors known for ball-and-gag videos, submission wrestling and sex robots, is located within the boundaries of Campos’ supervisoral district 9. 

But Kink.com’s reputation for delightful perversion begs a question: Just how kinky will the Kink.com political fundraiser get?

We went straight to CEO Peter Acworth for the answer, and it’s a bit hotter than we expected. An exotic dancer will be gyrating away in the Armory Club’s VIP area, Acworth confirmed for the Guardian. They dancer will be scantily clad, he noted, but won’t be nude. 

The $300 VIP tickets will also grant a “stimulating private tour” of the historic Armory building and cocktails.

Acworth said he’s backing Campos because he’s a politician who “isn’t afraid of a little kink.”

“He is one of the rare politicians who has ever reached out to me,” Acworth said, “and is unafraid of the association.”

And that association could prove beneficial for Kink.com down the road. New proposed legislation could create a state-level condom requirement on porn film sets. As Acworth told us last month, if that legislation passes he’d pack up his porn empire and move to Nevada, as many Los Angeles based porn companies already have before him. Notably, Kink.com was fined by CAL/OSHA for allegedly not using condoms on set.

Having a friend in the Assembly may be one way to put the breaks on the condom requirement legislation. 

“I believe he is more likely to listen and seek to understand our issues,” Acworth said. Beyond condom use though, the CEO said he believed Campos’ would be a staunch advocate for the LGBT community.

We contacted Campos to see if he’d combat the condom ban if elected, but didn’t hear back from him before publishing.

Campos isn’t the only Assembly candidate to have a good time on the campaign trail. To give credit where credit is due, candidate and Board of Supervisors President David Chiu had his own fun fundraiser (and birthday party) recently, hosting a roller disco.

Political power play unseats SF Police Commissioner who fought Secure Communities

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Police Commissioner Angela Chan fought the federal government as they unjustly tried to deport undocumented San Franciscans who were guilty of no crimes, and won.

She fought to arm the SFPD with de-escalation tactics instead of Tasers, and won again. 

But at today’s Board of Supervisors meeting, Chan lost.The board denied her reappointment to the Police Commission, and seven supervisors voted to appoint her opponent, Victor Hwang, instead.

I can see the writing on the wall and the way the votes are coming down,” Supervisor Eric Mar said to the board just before the vote. “It’s a sad day for the immigrant rights movement when a strong leader cannot be reappointed. Its a a sad day when a woman standing up for immigrant justice is not reappointed.”

The decision came after heated backdoor politicking by Chinatown political leader Rose Pak, insiders told us. Politicians involved would only speak on background, for fear of reprisal from Pak, but openly told the Guardian that Pak felt Chan spent too much time advocating for other communities of color, instead of just focusing on issues affecting Chinatown.

Chan gained national recognition for her work against Secure Communities, or S-Comm, a program that allows U.S. Immigration and Customs Enforcement to hold undocumented persons they’d later like to deport, often indefinitely.

Pak came out swinging against Chan in the wake of those battles, we were told, because they diverted from efforts relating to Chinatown. Public records requests also show that Pak’s allies operated against Chan, demonstrating Pak’s influence.

A series of public records requests from the Guardian confirmed that Malcolm Yeung, a well-known “hatchet man” for Pak, emailed the Board of Supervisors with scores of support letters for Chan’s opponent, Hwang. One of those support letters came from noted Reverend Norman Fong, a powerful voice in the Chinatown community and the executive director of the Chinatown Community Development Center. 

For a full recap of the nasty politics that came out to slam Chan, check out our post from earlier today.

Sup. Katy Tang introduced the motion to strike Chan’s name from the appointment, and replace it with Hwang’s. 

We are lucky when we have such strong candidates,” Tang said. “However it is because of Victor’s sense of criminal justice and civil rights experience that we bring to a full vote to put Victor to the Police Commission.”

But other supervisors noted the obvious elephant in the room — there was not only one vacant seat on the police commission, but two. One appointed by the supervisors, the other appointed by Mayor Ed Lee.

Supervisor John Avalos suggested the Board of Supervisors make a motion to request the mayor appoint Hwang himself, allowing for both Chan and Hwang to be appointed, a compromise move that would benefit everyone.

[Mayor Ed Lee] could appoint Victor to the committee,” Avalos said to the board. “There’s room for both of them to be on the commission.”

But Board of Supervisors President David Chiu said he asked Mayor Lee that very question, and that he was denied.

“It’s something I asked,” he said. “It is not something that will happen.” He went on to note that both candidates were very well-qualified, but did not explain why he would support one over the other, saying: “It is not the practice of the mayor to solve difficult decisions of the board. It’s up to us.” 

Then Chiu said he would vote for Hwang, a surprising move. Chiu is running for state assembly on the notion that he is the compromise candidate, yet was unable to broker a compromise that was clearly in front of him: there were two vacant police commission seats, and two candidates. 

Chiu’s support for Hwang was especially surprising considering Rose Pak is oft-described as Chiu’s political enemy. One must wonder what political favors he gained for his support of Hwang. 

Kim repeatedly referenced her friendship with Hwang in the discussion leading up to the vote.

In the end, Supervisors Mark Farrell, Scott Wiener, Malia Cohen, London Breed, Jane Kim, Tang and Chiu voted to strike Angela Chan’s name from the appointment, and to vote to appoint Hwang instead.

I had a good four years on the commission,” Chan told the Guardian in a phone interview afterwards. “I was able to accomplish a lot, along with the many people who came out today to support me. People from the mental health, African American, Asian American and Latino communities. Hopefully with this experience they will become more organized and powerful as a community.”

After Victor Hwang’s victory, the Guardian stopped him outside of the board chambers to ask him: If Rose Pak helped you get your seat, are you beholden to Rose Pak?

The simple answer is no,” he told the Guardian. “She’ll have no more sway than anyone else. She’s a leader in the community, and there are many leaders in the community. I’ll make independent decisions for myself.”

His first priorities as a Police Commissioner, he said, would be what he called “the little things” — pedestrian safety by the Broadway tunnel, graffiti enforcement, and making sure calls for matters like break-ins are enforced in a timely manner. 

Hwang doesn’t want to start new projects right away, he said, because there are already big issues with the SFPD on the table. He said the Alejandro Nieto shooting would be a focus moving forward.

In our last story covering the shady politics behind Hwang’s appointment, we likened the political machines supporting him to the Game of Thrones House Lannister (the purported villains of the show). Hwang wanted to set the record straight. 

I think Ivy [his partner and Sup. Kim’s legislative aide] took one of those personality tests for me,” he said, “it came back as Jon Snow.”

Jon Snow is the closest thing Game of Thrones has to a hero.

Image below: A Guardian file photo of Victor Hwang, newly appointed by the Board of Supervisors to the Police Commission.

hwang

Supervisors propose increased funding for youth services

José-Luis Mejia says he’s seen a little bit of everything in his work with transitional-age youth.

A few have died suddenly; others wound up incarcerated. Then there are those who beat the odds by attending top-level universities, opening up their own businesses, or dedicating themselves to public service.

When a mentor interacts with youth aging out of foster care, Mejia said, “you don’t know what that young person is going through.” He himself had the experience of turning his life around as a young person after growing up in a violent household; he credits publically funded programs for at-risk youth with supporting his transformation.

As associate director of Transitional Age Youth San Francisco, Mejia was part of a grassroots coalition that has been working for about two years on crafting a measure that aims to increase funding for youth programs, seeking to give a boost to transitional-age youth services in particular.

The culmination of that effort was today’s introduction at the Board of Supervisors of a suite of new proposals to support youth programs, including a pair of charter amendments that will appear on the November ballot.

The first, sponsored by Sup. John Avalos with Sups. David Campos, Malia Cohen, Jane Kim, Norman Yee, and London Breed as cosponsors, would renew the existing Children’s Fund, renaming it the Children and Youth Fund, and increasing the property-tax set-aside that supports it from three cents per $100 of assessed valuation to five cents.

Throughout the room at a press conference held in City Hall today with members of the Board and a coalition of youth advocates, attendees sported hats with neon stickers that read: “Our kids are worth two cents.”

As part of this measure, funding would be designated for programs set up to aid “disconnected transitional-aged youth,” including homeless or disabled youth, unmarried parents, those who identify as LGBTQ or are aging out of foster care, and other specified categories. The amendment would also create a Commission on Children, Youth, and Their Families, to oversee the Department of Children Youth and their families.

“At the end of this process, I hope to have the support of eleven members of the board,” Avalos noted. However, members of the Board of Supervisors who are sponsoring the legislation have already received from pushback from Mayor Ed Lee, who has reportedly been pressuring supervisors not to support Avalos’ measure. (Lee’s press office did not return a call seeking comment.)

“As we all know, San Francisco is experiencing incredible economic activity,” Avalos said at this afternoon’s press conference. “We’re experiencing growth and speculation that is lifting many boats, but not lifting all boats. And some of the people who are not doing so well are children and families – we’ve seen a decline in our population of families with children, over the past few decades, and it’s time that we … put the resources forward that are going to make it possible for San Francsicans and families to find affordability here.”

A second, closely related charter amendment, carried by Sup. Jane Kim with Yee as a cosponsor, would renew the Public Education Enrichment Fund, eliminate its expiration date, and provide for universal access to early childhood education for kids between three and five years instead of starting at age four.

The Public Education Enrichment Fund and the Children’s Fund, created after being placed on the ballot in 1991, currently set aside over $100 million for children and youth in San Francisco. The funding sources would sunset if action were not taken to extend them.

Two views of the waterfront

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rebecca@sfbg.com

The Golden State Warriors’ announcement that its planned 18,000-seat basketball arena would be moved off the San Francisco waterfront was fresh in everyone’s mind when former San Francisco Mayor Art Agnos visited the Bay Guardian office on April 23, and he was electrified by the win.

“I resent anyone suggesting that this is not a genuine people-powered victory — again,” Agnos said. “Because that’s what it was, bottom line.”

The former mayor has traveled up and down the city in recent months promoting Proposition B, an initiative on the June 3 ballot that may well have cleared the Warriors Arena from its proposed waterfront perch at Piers 30-32 had the team not announced that it would be taking that step independently.

If it passes, Prop. B will require voter approval for any development project along city-owned waterfront property that exceeds height limits set by the Waterfront Land Use Plan approved in 1997. Such a rule would have squarely targeted the Warriors’ proposal.

The sports arena had been slated for a 13-acre parcel a stone’s throw from the Bay Bridge that is now a parking lot, where it would have hovered above the water like a floating spacecraft. Across the street, at a site known as Seawall Lot 330, the Warriors had proposed installing shops, parking, a condo tower, and a hotel.

Agnos and the backers of Prop. B hadn’t anticipated the Warriors’ announcement that its waterfront venue would be moved to private property, a 12-acre lot in Mission Bay purchased from tech giant Salesforce.com.

“We thought, because people at the top of this city’s government told us so, they would prevail,” Agnos said of Mayor Ed Lee and others championing the waterfront arena. “They didn’t.”

Agnos and his allies say it was the prospect of voters having to sign off on a proposal that was hatched behind closed doors that caused the Warriors to choose a more appropriate location.

“We helped them go to a different place where we now support what they’re doing — because it makes more sense for this city, and for our bay, as well as our waterfront. That’s what the issue is,” Agnos told us. “The spin doctors had their ass handed to ’em … had their ass handed to ’em, by a low-income group of allies, over their $20,000–$30,000, gold-plated contracts per month. And so now, they understand.”

They understand that the waterfront of San Francisco is a battleground and the people are willing to fight to ensure the public interest trumps private profits.

pier70

A rendering of proposed development at Pier 70, envisioning tech offices and housing.

PRECIOUS PARCELS

A historic map hanging in a corridor at the Port of San Francisco building, in a rehabbed terminal at Pier 1 along The Embarcadero, traces the original curve of a coastline that once separated the city from San Francisco Bay.

The existing waterfront juts out considerably from where its natural edge once fell, and today’s urban landscape features a mix of entire neighborhoods, tall buildings, parks, restaurants, merchant corridors, and transport terminals, all perched atop fill covered by layers of concrete.

Its shipping days long gone, much of San Francisco’s human-constructed waterfront now serves as a draw for visitors, the iconic subject of countless tourist photographs. But at other locations along the shoreline, vacant waterfront parcels are hotly contested land-use battlefronts.

“We’re clearly in a period of significant controversy,” the Port’s Special Project Manager Brad Benson told us. The Warriors Arena, Benson said, had been an opportunity for the Port to rehabilitate and generate revenue from Piers 30-32, which originated as two finger piers constructed in 1912, joined by a concrete slab in the 1950s.

Despite being in control of some of the most valuable real estate along the West Coast, the Port of San Francisco remains in a perpetual financial pinch, due to its need to fix up crumbling piers and aging infrastructure. The Port is governed by a Waterfront Land Use Plan, outlining possible uses for each parcel, and it also conducted a survey to identify properties that could be developed to help generate revenue.

“The Port has a big capital need,” Benson said, noting that many of the “piers and buildings were beyond their useful life when they were transferred to the city” from the state in 1968. Facing nearly $2 billion in capital needs, the Port’s modus operandi is to seek out private developers to partner with on development projects for parcels under its ownership, in order to secure funding that would go toward backlogged improvements.

That didn’t happen with the Warriors, however — the sports team approached the city out of the blue, and the project quickly won the fervent backing of Mayor Lee, who has appointment power over the five-member commission that governs the Port. At one point, Lee even claimed that this flashy sports arena would be his “legacy project.”

To longtime grassroots activists who are deeply involved in how land-use decisions are made on valuable waterfront parcels, it looked to be yet another example of what Prop. B supporter Jennifer Clary called “kneejerk development” — out of sync with carefully thought out shoreline planning efforts.

“The Port gets jerked around by every mayor,” said Clary, president of San Francisco Tomorrow, part of the coalition backing Prop. B. “Every mayor comes up with some stupid project.” She ticked off a list of failed waterfront developments (such as Mills Mall, proposed for Piers 27-31; and a 50-story U.S. Steel Building that would have towered over the Ferry Building), only to have them voted down or halted by grassroots neighborhood activists who viewed them as inappropriate designs fueled by greed and greased by political connections.

Behind the objection to Prop. B, Clary added, “is that the mayor will have to think a little more” before backing projects of this nature.

Whether opponents of the Warriors Arena plan looked at it and saw a traffic nightmare, an inappropriate use of public land, or a bad financial deal for a city needing to contend with ever-growing pressures on its critical infrastructure, members of the coalition that’s backing Prop. B feared the public would have little sway when it came to the final decision-making. A bid to restore that balance, by arming voters with veto power under the law, was the impetus behind Prop. B.

City Hall has ignored the will of regular folks who collectively own Port land along the shoreline, said Agnos, campaign consultant Jon Golinger, and Prop. B proponent and Sierra Club volunteer Becky Evans — listening only to the Mayor’s Office and deep-pocketed developers who stand to make millions by building on extremely valuable land that’s held in the public trust under California law.

“The people are putting the developers in touch with the values of this city, and what we want in this city,” Agnos said, thumping his index finger on the table to emphasize the point. “Prop. B puts people in the room who have not been there, and now [developers] have to pay attention.”

The task of developing Piers 30-32 would have required expensive substructure modification, requiring the involvement of bureaucratic agencies such as the US Army Corps of Engineers, the Bay Conservation Development Commission, and the State Lands Commission. The Warriors estimated that it would invest $120 million in improvements such as seismic upgrades and an elevation grade to deal with the looming problem of sea-level rise, but the threat of having to win voter approval represented yet another hoop to jump through. So when a new option opened up offering greater certainty, the Warriors pulled the plug on Piers 30-32.

Even though Lee’s “legacy project,” the main physical target of Prop. B, is no longer a factor in the June election, backers of the initiative say the measure is still important to restore democratic balance in a development process that freezes out ordinary citizens. Opponents, meanwhile, say the initiative threatens to undermine a complex planning process that engages the public and needn’t be tampered with.

 

IN THE PIPELINE

Prop. B would prohibit city officials from approving taller buildings than are currently allowed under zoning for Port-owned waterfront parcels, unless voters give those height increases a green light at the ballot box.

Since many of the properties in question are already built out, or preserved by historic landmark designation, Prop. B would impact only a handful of waterfront lots that remain in play as potential sites for new development. Among them are Piers 30-32 and Seawall Lot 351, the site of the 8 Washington luxury condo tower that the electorate flushed down the tubes in a decisive ballot referendum vote last fall, despite Board of Supervisors’ approval.

The same group that opposed 8 Washington launched Prop. B. Last year’s ballot referendum — also named Prop. B, and buoyed by the campaign slogan No Wall on the Waterfront — asked voters whether they favored increasing building heights above the zoning limit at the waterfront site where the luxury condo project would have gone.

San Francisco voters, in no mood to support a high rise for the superrich at a time when anger over skyrocketing rents was bubbling over and droves of low-income residents were being edged out by eviction, shot it down. Many political observers took the outcome as a signal that City Hall politicians are out of touch with voters.

Simon Snellgrove, the developer of the failed 8 Washington project, is reportedly working on a new building design. But since any new plans for 8 Washington are embryonic at best, and the fate of Piers 30-32 is anyone’s guess, the Prop. B ballot measure has immediate implications for two waterfront developments in particular.

One, on and around Pier 48, is being pushed by the San Francisco Giants. The other lies farther south, at Pier 70, a sprawling strip of waterfront that runs behind Illinois Street, from The Ramp restaurant at Mariposa to the old Potrero Power Plant.

giantsdev

The Giants’ planned development would be a short distance from AT&T Park. 

During World War II, some 18,500 workers built ships at Pier 70 for the war effort, in brick and metal warehouses that still stand vacant and dilapidated. The site also housed a coal-fired power plant that was later converted to natural gas, leaving behind toxic residue that is up to Pacific Gas and Electric Co. to remediate. Farther north along Pier 70, BAE Systems conducts ship repair, a task that has been performed at the site since 1868.

Today, a 28-acre parcel of Pier 70 that is proposed for development by Forest City is home to nothing more than pigeons, feral cats, and the occasional hawk that swoops into a cavernous metal-roofed structure that stands near the waterfront and dates back to 1941, barely visible from the street. Someday in the not-so-distant future, developers imagine it will be populated with tech office workers (Google is used as an example of an anchor tenant in slides presented to the city), makers and small vendors, and thousands of residents who would call the place home.

The site is zoned with a 40-foot height limit, but developers are considering plans with a range of building heights that would be on a similar scale to Mission Bay. Part of the improvements to the property will require raising the elevation grade to deal with sea-level rise. Forest City has planned for a minimum of around 1,000 residential units — the majority market-rate, but with a mix of affordable housing as well.

Representatives from Forest City said that if Prop. B passes, “We’ll be prepared to seek voter approval with a dynamic project guided by … a community-based master plan,” and had not taken an official stance on the ballot measure. If voters were to reject an increase of the 40-foot height limit at the site, which is zoned for heavy industry, the project would no longer be financially feasible.

 

GIANT TOWER SCRUTINIZED

At Seawall Lot 337, a parcel near the Giants’ stadium which is primarily used as a parking lot during baseball games, the team is backing a project that would include 3.5 million square feet of new residential, office, and retail development, possibly including a 380-foot tower. Across the way at Pier 48 would be a new Anchor Steam brewery, and about five acres of open space.

The Giants plan resulted from the Port’s request for potential development partners to submit bids for that property, which went out in 2007.

“They very quietly have been pushing a plan that Prop. B made public,” Golinger said of the Giants’ plans. “They screamed at everyone involved in our coalition during the signature drive to get us to drop it. They funded a lawsuit … to get it kicked off the ballot.”

The Guardian independently confirmed that the team is part of the group that has challenged Prop. B in court. That legal challenge was unsuccessful in getting the initiative struck from the June ballot, but a judge could take up the question again if Prop. B is approved.

The parcel where the Giants have pitched a rental housing, office, and retail complex with a maximum height limit of 380 feet is zoned with a height limit of zero, zoned for open space in city plans. Nevertheless, “The [Port’s request for qualifications] called for developing up to 300 feet,” Benson explained, calling the current zoning “a remnant of the old Mission Bay plan,” which envisioned a park with wetlands and open space. The Port’s request for proposals went out after a subcommittee was formed, and public hearings were held on the design plans.

Asked why the Port would bake such a tall height limit into its RFQ, Benson responded, “There was a desire to avoid replicating the heights at Mission Bay,” the nearby redevelopment area characterized by lower, boxy buildings that seem to be universally regarded as ugly and lacking charm.

Few people are as intimately familiar with Mission Bay as Corinne Woods, whose houseboat is enveloped on either side by the sprawling development. When Woods first claimed a berth at Mission Creek for her floating home in 1985, “it was surrounded by open empty fields, abandoned warehouses, and lots of fennel,” she said. “We had wonderful parties.”

Outside her dock just off Channel Street is a community garden, a strip of green space shaded by willow and eucalyptus trees where night herons take refuge. Just beyond that is the Mission Bay South redevelopment area, a sprawling construction site that’s ushered in building cranes, swirling dust, pile drivers, and more recently, a five-alarm blaze that required the entire Fire Department to extinguish.

The fledgling neighborhood that now occupies the already-built part of Mission Bay might as well have dropped out of the sky, and the building profiles are wide and flat. “I would rather see slim, articulated towers, with more open space,” Woods admitted.

In the years between 1985 and today, Woods has fought the Port on behalf of her live-aboard community to be allowed to remain floating in place, becoming an unlikely expert on the byzantine process of waterfront planning along the way.

As a key member of half-dozen or so community advisory groups formed to weigh in on major waterfront developments, Woods has ardent faith in the civic engagement aspect of the planning process. She fears Prop. B could upset years of careful neighborhood negotiations by limiting the discussion to nothing more than a conversation about height limits.

houseboat

Corinne Woods opposes Prop. B.

Woods is a plaintiff in the lawsuit the Giants are funding to challenge Prop. B, aligned with developer-friendly housing activist Tim Colen and building trades head Michael Theriault on the side that opposes Prop. B. But despite the millions of dollars that are on the line, Woods insists she has no dog in this fight. “I can’t even get free tickets to Giants games,” she said.

She does hope for the five-acre park that the Giants plan would install as part of the Seawall 337 / Pier 48 plan, a short walk from her houseboat. But she says her opposition to Prop. B is rooted in her experience of a traditional planning process that rewards neighbors who have the patience to sit through hours of grueling advisory group meetings with negotiating power vis-à-vis developers. Asked directly what the problem is with letting voters weigh in, Woods responded, “Because they don’t know what the fuck they’re talking about!”

But that leave-it-to-the-experts attitude is just the thing that Prop. B’s backers say is dangerous for waterfront planning, since it places final decision-making in the hands of profit-seeking real estate interests, a public agency in dire need of funding, and a mayor with political ties to developers.

 

THE HOUSING QUESTION

Given that the thrust of Prop. B is to democratize the planning process, few are in a hurry to align themselves with the formal No on B campaign — most of the opposition money seems to have been funneled into the Giants’ lawsuit, even though the Giants have officially taken a neutral stance on Prop. B. However, the message from opponents of Prop. B is that the initiative would kill sorely needed housing.

The Port of San Francisco, which is legally barred from taking a position on the initiative, reported in a February analysis to the Department of Elections that it could have the effect of leaving between 1,990 and 3,690 new housing units “delayed, reduced, or abandoned,” including between 268 and 596 affordable units. Those figures are based on early project proposals brought by the Warriors, the Giants, and Forest City, assuming those planning proposals would be “delayed by a need for a vote, or rejected by the voters” under a Prop. B regime.

A nonbinding Giants term sheet notes that the team would build rental housing, 15-20 percent of those units affordable, while Forest City’s Pier 70 proposal includes 1,000 new housing units with on-site affordable that would exceed the 12 percent required under city law.

Targeting housing “is a scary message,” campaign consultant Golinger said, charging the opposition with preying on voters’ fears to encourage people to vote down a measure that would democratize waterfront planning.

“This myth that we’re trying to stop housing is just that,” Agnos chimed in. “It’s just a political ploy by those who want to build high-end, high-rise, luxury condos — a la 8 Washington, a la Giants — on public property.”

The housing question is key. At a time when so many people are facing eviction or being priced out, the refrain that building more housing is the only solution to relieve pressure is oft-repeated, particularly by developers. However, these projects would introduce far more market-rate units than affordable projects, plopping down well-to-do neighborhoods in spaces that have sat on the margins in recent history, further changing the social character of the city. And proponents of Prop. B question whether the waterfront is really the right place to add new affordable units.

Meanwhile, the affordable housing community seems to be aligned in its support of Prop. B. The San Francisco Tenants Union, the Affordable Housing Alliance, the AIDS Housing Alliance of San Francisco, and other organizations that have aligned to push for stronger tenants’ rights and promote affordable housing have all endorsed the measure.

WHO DECIDES?

Given the popularity of a measure that fundamentally seeks to democratize the planning process, all development teams with skin in the game have declined to take a position on the measure. So have Mayor Lee and Board of Supervisors President David Chiu, who each played significant roles in recent waterfront battles, with Lee championing the Warriors Arena and Chiu opposing 8 Washington and assisting with the signature-gathering effort to stop it.

Sup. David Campos, in contrast with Chiu and Lee, has taken a stance on Prop. B. In a recent interview, he outlined his reasons for supporting it.

“I think that something has happened in City Hall, where I think the approval process is such that it has led to certain projects being approved that don’t really reflect the reality of what this city needs, and that have truly left the public out of the process in a meaningful way,” Campos told us. “And 8 Washington passed 8-3 at the Board of Supervisors, with a supermajority. The fact that the voters overwhelmingly rejected that project tells you that there has been a disconnect between what the board and folks in City Hall are doing, and where the public actually is.” To correct that imbalance and allow more San Franciscans to shape the city’s waterfront, Campos said, “I think it’s appropriate for us to go to the ballot and let the voters decide.”

Lawsuits target Airbnb rentals

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LAWSUITS TARGET AIRBNB RENTALS

The San Francisco City Attorney’s Office last week filed a pair of lawsuits against local landlords who illegally rent out apartments on a short-term basis, units that had been cleared of tenants using the Ellis Act. Meanwhile, the San Francisco Tenants Unions has hired attorney Joseph Tobener to file more such lawsuits, and he is preparing to file at least seven lawsuits involving 20 units.

The lawsuits are the latest actions in a fast-moving crackdown on Airbnb and other online companies that facilitate short-term apartment rentals that violate city laws against converting apartments into de facto hotel rooms, including VRBO.com and Homeaway.com.

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere (see “Into thin air,” 6/6/13).

As we’ve reported, City Attorney Dennis Herrera has been working with tenant groups and others on a legal action aimed at curtailing the growing practice of landlords using online rental services to skirt rent control laws and other tenant protection, removing units from the permanent housing market while still renting them out at a profit.

“In the midst of a housing crisis of historic proportions, illegal short-term rental conversions of our scarce residential housing stock risks becoming a major contributing factor,” Herrera said in a public statement. “The cases I’ve filed today target two egregious offenders. These defendants didn’t just flout state and local law to conduct their illegal businesses, they evicted disabled tenants in order to do so. Today’s cases are the first among several housing-related matters under investigation by my office, and we intend to crack down hard on unlawful conduct that’s exacerbating—and in many cases profiting from—San Francisco’s alarming lack of affordable housing.”

Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market. “The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.” (Steven T. Jones)

 

SF LOOKS TO MARIN FOR RENEWABLES

Just in time for Earth Day, a renewed effort to reduce the city’s carbon emissions was introduced at the April 22 Board of Supervisors yesterday. Sup. John Avalos introduced a resolution calling for a study of San Francisco joining Marin Clean Energy, which provides renewable energy to that county’s residents.

The move is seen largely as an effort to circumvent Mayor Ed Lee’s opposition to implementing a controversial renewable energy plan called CleanPowerSF (see “Revisionist future,” April 15).

“Mayor Lee and the Public Utilities Commission objected to CleanPowerSF, but they have offered no other solution to provide San Franciscans with 100 percent renewable electricity,” Avalos said in a public statement. “With this ordinance, we can either join Marin or we can implement our own program, but we can no longer afford to do nothing.”

The resolution is the latest effort in the long saga to implement CleanPowerSF, San Francisco’s proposed renewable energy alternative to PG&E, whose current energy mix is only 19 percent renewable. Much of PG&E’s current mix is dirty and directly contributes to half of San Francisco’s carbon footprint, according to the city’s own recent Climate Action Strategy.

Joining Marin under a Joint Powers Authority would provide a vehicle for San Francisco to enact CleanPowerSF’s goals, long blocked by the mayor. San Francisco’s renewable energy effort may have lingered in legal limbo for years, but Marin made the switch to renewables in 2010.

“It’s something people want, and it also reduces greenhouse gas emissions,” Marin Clean Energy Executive Officer Dawn Weisz told the Guardian. Much of Northern California, she noted, has little choice but to use PG&E for their electricity.

“The people never chose to have a monopoly in place,” she said. “People like having choices.” (Joe Fitzgerald Rodriguez)

BEACH FIRES CONTAINED

The National Parks Service is once again moving to limit and maybe even ban fires on Ocean Beach, replaying an episode from 2007 that was temporarily solved by volunteers and artistic new fire rings placed by the group Burners Without Borders, despite a lack of follow-through by NPS’s Golden Gate National Recreation Area.

Citing complaints about burning toxic materials, leaving messes, and people drinking on the beach (gasp!), the GGNRA this week announced a summer pilot program that would include moving the curfew up from 10pm to 9pm, installing a dozen new fire rings, and improved public outreach and monitoring of the conditions on the beach.

“We [have] over the years seen a rising problem over safety and general breaking of park rules like broken bottles. And with incidents of assault and underage drinking, mostly occurring during the night, GGNRA Area Director Howard Levitt told the Guardian.

But Tom Price, who helped create the 2007 compromise, said GGNRA never kept its end of the bargain — such as installing more rings to supplement the half-dozen created by artists, or creating visible signage so visitors would know what the rules area — and now it’s acting in a rapid, unilateral, and unreasonable way to ban beach fires.

“They never did the outreach or education or put out more fire rings,” Price said, urging people to let GGNRA know they support allowing fires on Ocean Beach, one of just two spots within GGNRA jurisdiction where they’re allowed (Muir Beach is the other). “The Parks Service has to be reasonable, and banning fires after 9pm in not reasonable.” (Steven T. Jones and Bryan Augustus)

TAX WEALTH, PIKETTY SAYS

French economist Thomas Piketty got a warm welcome in San Francisco last week when nearly 200 people turned out to hear him discuss what is fast-becoming the defining book of this new Gilded Era of escalating disparities in wealth: Capital in the 21st Century.

“The book has been so popular that Harvard University Press has run out,” The Green Arcade owner Patrick Marks said in introducing Piketty at a the April 22 event held across Market Street from the bookstore, in the McRoskey Mattress Company, in order to accommodate the large crowd.

Indeed, Capital has recently been lauded by a string of influential publications, ranging from The Nation through The New York Times to the Wall Street Journal, all acknowledging this as perhaps the most exhaustive study on wealth data ever collected — and a clear-eyed warning that capitalism isn’t the self-correcting system that its biggest boosters claim it is.

Piketty’s work shows how when the return on capital is greater than the annual growth rate of the overall economy, which is usually the case (except when interrupted temporarily by the major wars of the 20th Century, or the 90 percent tax rate on the highest US incomes after World War II), that dynamic consolidates wealth in ever-fewer hands, which is bad for the health of the economic system. The only real cure, Piketty concludes, is a progressive global tax on wealth. Yet Piketty tries to avoid being too prescriptive, choosing to let his research speak for itself. “All I’m trying to do is present this book so everyone can make up his own mind,” Piketty told the gathering. In fact, he thinks the cure he outlines at the end of his book is less important than what comes before it: “You can disagree with everything in Part IV and still find interest in Parts I, II, and III.” (Steven T. Jones)

Guardian endorsements

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OUR CLEAN SLATE VOTERS GUIDE TO TAKE TO THE POLLS IS HERE.

 

Editor’s Note: Election endorsements have been a long and proud part of the Guardian’s 48-year history of covering politics in San Francisco, the greater Bay Area, and at the state level. In low-turnout elections like the one we’re expecting in June, your vote counts more than usual, and we hope our endorsements and explanations help you make the best decisions.

 

GOVERNOR: JERRY BROWN

There is much for progressives to criticize in Jerry Brown’s latest stint as governor of California. He has stubbornly resisted complying with federal court orders to substantially reduce the state’s prison population, as well as shielding the system from needed journalistic scrutiny and reforms of solitary confinement policies that amount to torture. Brown has also refused to ban or limit fracking in California, despite the danger it poses to groundwater and climate change, irritating environmentalists and fellow Democrats. Even Brown’s great accomplishment of winning passage for the Prop. 30 tax package, which eased the state back from financial collapse, sunsets too early and shouldn’t have included a regressive sales tax increase. Much more needs to be done to address growing wealth disparities and restore economic and educational opportunity for all Californians.

For these reasons and others, it’s tempting to endorse one of Brown’s progressive challenges: Green Party candidate Luis Rodriguez or Peace and Freedom Party candidate Cindy Sheehan (see “Left out,” April 23). We were particularly impressed by Rodriguez, an inspiring leader who is seeking to bring more Latinos and other marginalized constituencies into the progressive fold, a goal we share and want to support however we can.

But on balance, we decided to give Brown our endorsement in recognition of his role in quickly turning around this troubled state after the disastrous administration of Arnold Schwarzenegger — and in the hope that his strong leadership will lead to even greater improvement over his next term. While we don’t agree with all of his stands, we admire the courage, independence, and vision that Brown brings to this important office. Whether he is supporting the California High-Speed Rail Project against various attacks, calling for state residents to live in greater harmony with the natural world during the current drought, or refusing to shrink from the challenges posed by global warming, Jerry Brown is the leader that California needs at this critical time.

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

Gavin Newsom was mayor of San Francisco before he ascended to the position of Lieutenant Governor, and we at the Bay Guardian had a strained relationship with his administration, to put it mildly. We disagreed with his fiscally conservative policies and tendency to align himself with corporate power brokers over neighborhood coalitions. As lieutenant governor, Newsom is tasked with little — besides stepping into the role of governor, should he be called upon to do so — but has nevertheless made some worthwhile contributions.

Consider his stance on drug policy reform: “Once and for all, it’s time we realize that the war on drugs is nothing more than a war on communities of color and on the poor,” he recently told a crowd at the Democratic Party convention in Los Angeles. “It is fundamentally time for drug policies that recognize and respect the full dignity of human beings. We can’t wait.” In his capacity as a member of the UC Board of Regents, Newsom recently voted against a higher executive compensation package for a top-level administrator, breaking from the pack to align with financially pinched university students. In Sacramento, Newsom seems to come off as more “San Francisco” than in his mayoral days, and we’re endorsing him against a weak field of challengers.

 

SECRETARY OF STATE: DEREK CRESSMAN

Although the latest Field Poll shows that he has only single-digit support and is unlikely to make the November runoff, we’re endorsing Derek Cressman for Secretary of State. As a longtime advocate for removing the corrupting influence of money from politics through his work with Common Cause, Cressman has identified campaign finance reform as the important first step toward making the political system more responsive to people’s needs. As Secretary of State, Cressman would be in a position to ensure greater transparency in our political system.

We also like Alex Padilla, a liberal Democrat who has been an effective member of the California Senate. We’ll be happy to endorse Padilla in November if he ends up in a runoff with Republican Pete Peterson, as the current polling seems to indicate is likely. But for now, we’re endorsing Cressman — and the idea that campaign finance reform needs to be a top issue in a state and country that are letting wealthy individuals and corporations have disproportionate influence over what is supposed to be a democracy.

 

CONTROLLER: BETTY YEE

The pay-to-play politics of Leland Yee and two other California Democrats has smeared the Assembly. Amid the growls of impropriety, a report by the Center for Investigative Reporting has painted Speaker of the Assembly John Perez, a leading candidate for Controller, with a similar brush. CIR revealed Perez raised money from special interest groups to charities his lover favored, a lover later sued for racketeering and fraud.

Betty Yee represents an opportunity for a fresh start. On the state’s Board of Equalization she turned down campaign donations from tobacco interests, a possible conflict of interest. She also fought for tax equity between same-sex couples. The Controller is tasked with keeping watch on and disbursing state funds, a position we trust much more to Yee’s careful approach than Perez’s questionable history. Vote for Yee.

 

TREASURER: JOHN CHIANG

While serving as California’s elected Controller, John Chiang displayed his courage and independence by refusing to sign off on budgetary tricks used by then-Gov. Arnold Schwarzenegger and some legislative leaders, insisting on a level of honesty that protected current and future Californians. During those difficult years — as California teetered on the brink of bankruptcy, paralyzed by partisan brinksmanship each budget season, written off as a failed state by the national media — Chiang and retiring Treasurer Bill Lockyer were somehow able to keep the state functioning and paying its bills.

While many politicians claim they’ll help balance the budget by identifying waste and corruption, Chiang actually did so, identifying $6 billion by his estimate that was made available for more productive purposes. Now, Chiang wants to continue bringing fiscal stability to this volatile state and he has our support.

 

ATTORNEY GENERAL: KAMALA HARRIS

Kamala Harris has kept the promise she made four years ago to bring San Francisco values into the Attorney General’s Office, focusing on the interests of everyday Californians over powerful vested interests. That includes strengthening consumer and privacy protections, pushing social programs to reduce criminal recidivism rather than the tough-on-crime approach that has ballooned our prison population, reaching an $18 billion settlement with the big banks and mortgage lenders to help keep people in their homes, and helping to implement the Affordable Care Act and the legalization of same-sex marriage in the state.

Harris has maintained her opposition to the death penalty even though that has hurt her in the statewide race, and she brings to the office an important perspective as the first woman and first African American ever to serve as the state’s top law enforcement officer. While there is much more work to be done in countering the power of wealthy individuals and corporations and giving the average Californian a stronger voice in our legal system, Harris has our support.

 

INSURANCE COMMISSIONER: DAVE JONES

We’ve been following Dave Jones’s legislative career since his days on the Sacramento City Council and through his terms in the California Legislature, and we’ve always appreciated his autonomy and progressive values. He launched into his role as Insurance Commissioner four years ago with an emergency regulation requiring health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has continued to do what he can to hold down health insurance rates, including implementing the various components of the Affordable Care Act.

More recently, Jones held hearings looking at whether Uber, Lyft, and other transportation network companies are adequately insured to protect both their drivers and the general public, concluding that these companies need to self-insure or otherwise expand the coverage over their business. It was a bold and important move to regulate a wealthy and prosperous new industry. Jones deserves credit for taking on the issue and he has earned our endorsement.

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

This race is a critical one, as incumbent Tom Torlakson faces a strong challenge from the charter school cheerleader Marshall Tuck. An investment banker and Harvard alum, Tuck is backed by well-heeled business and technology interests pushing for the privatization of our schools. Tech and entertainment companies are pushing charter schools heavily as they wait in the wings for lucrative education supply contracts, for which charter schools may open the doors. And don’t let Waiting for Superman fool you, charter schools’ successful test score numbers are often achieved by pushing out underperforming special needs and economically disadvantaged students.

As national education advocate Diane Ravitch wrote in her blog, “If Tuck wins, the privatization movement will gain a major stronghold.” California ranks 48th in the nation in education spending, a situation we can thank Prop. 13 for. We’d like to see Torlakson advocate for more K-12 school dollars, but for now, he’s the best choice.

 

BOARD OF EQUALIZATION: FIONA MA

Fiona Ma was never our favorite member of the San Francisco Board of Supervisors, and in the California Legislature, she has seemed more interested in party politics and leadership than moving legislation that is important to San Francisco. There are a few exceptions, such as her attempts last year to require more employers to offer paid sick days and to limit prescription drug co-payments. But she also notoriously tried to ban raves at public venues in 2010, a reactionary bill that was rejected as overly broad.

But the California Board of Equalization might just be a better fit for Ma than the Legislature. She’s a certified public accountant and would bring that financial expertise to the state’s main taxing body, and we hope she continues in the tradition of her BOE predecessor Betty Yee in ensuring the state remains fair but tough in how it collects taxes.

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

The race to replace progressive hero Tom Ammiano in the California Assembly is helping to define this important political moment in San Francisco. It’s a contest between the pragmatic neoliberal politics of Board of Supervisors President David Chiu and the populist progressive politics of Sup. David Campos, whom Ammiano endorsed to succeed him.

It’s a fight for the soul of San Francisco, a struggle to define the values we want to project into the world, and, for us at the Bay Guardian, the choice is clear. David Campos is the candidate that we trust to uphold San Francisco’s progressive values in a state that desperately needs that principled influence.

Chiu emphasizes how the two candidates have agreed on about 98 percent of their votes, and he argues that his effectiveness at moving big legislation and forging compromises makes him the most qualified to represent us in Sacramento. Indeed, Chiu is a skilled legislator with a sharp mind, and if “getting things done” — the prime directive espoused by both Chiu and Mayor Ed Lee — was our main criterion, he would probably get our endorsement.

But when you look at the agenda that Chiu and his allies at City Hall have pursued since he came to power — elected as a progressive before pivoting to become a pro-business moderate — we wish that he had been a little less effective. The landlords, tech titans, Realtors, and Chamber of Commerce have been calling the shots in this city, overheating the local economy in a way that has caused rapid displacement and gentrification.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Campos has been a clear and consistent supporter of tenants, workers, immigrants, small businesses, environmentalists — the vast majority of San Franciscans, despite their lack of power in City Hall. Chiu will sometimes do right by these groups, but usually only after being pushed to do so by grassroots organizing and lobbying efforts.

Campos correctly points out that such lobbying is more difficult in Sacramento, with its higher stakes and wider range of competing interests, than it is on the local level. Chiu’s focus on always trying to find a compromise often plays into the hands of wealthy interests, who sometimes just need to be fought and stopped.

We have faith in Campos and his progressive values, and we believe he will skillfully carry on the work of Ammiano — who is both an uncompromising progressive and an effective legislator — in representing San Francisco’s values in Sacramento.

 

ASSEMBLY, DISTRICT 19: PHIL TING

Incumbent Phil Ting doesn’t have any challengers in this election, but he probably would have won our support anyway. After proving himself as San Francisco’s Assessor, taking a strong stance against corporate landowners and even the Catholic Church on property assessments, Ting won a tough race against conservative businessman Michael Breyer to win his Assembly seat.

Since then, he’s been a reliable vote for legislation supported by most San Franciscans, and he’s sponsoring some good bills that break new ground, including his current AB 1193, which would make it easier to build cycletracks, or bike lanes physically separated from cars, all over the state. He also called a much-needed Assembly committee hearing in November calling out BART for its lax safety culture, and we hope he continues to push for reforms at that agency.

 

PROPOSITION 41: YES

Over a decade ago, Californians voted to use hundreds of millions of our dollars to create the CalVet Home and Farm Loan Program to help veterans purchase housing. But a reduction in federal home loan dollars, the housing crisis, and a plummeting economy hurt the program.

Prop. 41 would repurpose $600 million of those bond funds and raise new money to create affordable housing rental units for some of California’s 15,000 homeless veterans. This would cost Californians $50 million a year, which, as proponents remind us, is one-tenth of 1 percent of the state budget. Why let hundreds of millions of dollars languish unused? We need to reprioritize this money to make good on our unfulfilled promises to homeless veterans.

 

PROPOSITION 42: YES

This one’s important. Last year, Gov. Jerry Brown sought to gut the California Public Records Act by making it optional for government agencies to comply with many of the requirements built into this important transparency law. The CPRA and the Ralph M. Brown Act require government agencies to make records of their activities available for public scrutiny, and to provide for adequate notice of public meetings. Had the bill weakening these laws not been defeated, it would have removed an important defense against shadowy government dealings, leaving ordinary citizens and journalists in the dark.

Prop. 42 is a bid to eliminate any future threats against California’s important government transparency laws, by expressly requiring local government agencies — including cities, counties, and school districts — to comply with all aspects of the CPRA and the Brown Act. It also seeks to prevent local agencies from denying public records requests based on cost, by eliminating the state’s responsibility to reimburse local agencies for cost compliance (the state has repeatedly failed to do so, and local bureaucracies have used this as an excuse not to comply).

 

SF’S PROPOSITION A: YES

Prop. A is a $400 million general obligation bond measure that would cover seismic retrofits and improvements to the city’s emergency infrastructure, including upgrades to the city’s Emergency Firefighting Water System, neighborhood police and fire stations, a new facility for the Medical Examiner, and seismically secure new structures to house the police crime lab and motorcycle unit.

The Board of Supervisors voted unanimously to place Prop. A on the ballot, and a two-thirds majority vote is needed for it to pass. Given that San Franciscans can expect to be hit by a major earthquake in the years to come, upgrading emergency infrastructure, especially the high-pressure water system that will aid the Fire Department in the event of a major blaze, is a high priority.

 

SF’S PROPOSITION B: YES

As we report in this issue (see “Two views of the waterfront”), San Francisco’s waterfront is a valuable place targeted by some ambitious development schemes. That’s a good thing, particularly given the need that the Port of San Francisco has for money to renovate or remove crumbling piers, but it needs to be carefully regulated to maximize public benefits and minimize private profit-taking.

Unfortunately, the Mayor’s Office and its appointees at the Port of San Francisco have proven themselves unwilling to be tough negotiators on behalf of the people. That has caused deep-pocketed, politically connected developers to ignore the Waterfront Land Use Plan and propose projects that are out-of-scale for the waterfront, property that San Francisco is entrusted to manage for the benefit of all Californians.

All Prop. B does is require voter approval when projects exceed existing height limits. It doesn’t kill those projects, it just forces developers to justify new towers on the waterfront by providing ample public benefits, restoring a balance that has been lost. San Francisco’s waterfront is prime real estate, and there are only a few big parcels left that can be leveraged to meet the needs of the Port and the city. Requiring the biggest ones to be approved by voters is the best way to ensure the city — all its residents, not just the politicians and power brokers — is getting the best deals possible.

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

Daniel Flores has an impressive list of endorsers, including the Democratic, Republican, and Green parties of San Francisco — a rare trifecta of political party support. But don’t hold the GOP nod against Flores, who was raised in the Excelsior by parents who immigrated from El Salvador and who interned with La Raza Centro Legal while going to McGeorge School of Law. And he did serve in the Marines for six years, which could explain the broad range of support for him.

Flores is a courtroom litigator with experience in big firms and his own practice, representing clients ranging from business people to tenants fighting against their landlords. Flores told us that he wants to ensure those without much money are treated fairly in court, an important goal we support. We also liked Kimberly Williams and hope she ends up on the bench someday, but in this race, Flores is the clear choice.

 

CONGRESS, DISTRICT 12: NANCY PELOSI

This was a hard decision for us this year. Everyone knows that Pelosi will win this race handily, but in past races we’ve endorsed third party challengers or even refused to endorse anyone more often than we’ve given Pelosi our support. While Pelosi gets vilified by conservatives as the quintessential San Francisco liberal, she’s actually way too moderate for our tastes.

Over her 21 years in Congress, she has presided over economic policies that have consolidated wealth in ever fewer hands and dismantled the social safety net, environmental policies that have ignored global warming and fed our over-reliance on the private automobile, and military policies that expanded the war machine and overreaching surveillance state, despite her insider’s role on the House Intelligence Committee.

Three of her opponents — Democrat David Peterson, Green Barry Hermanson, and fiery local progressive activist Frank Lara of the Peace and Freedom Party — are all much better on the issues that we care about, and we urge our readers to consider voting for one of them if they just can’t stomach casting a ballot for Pelosi. In particular, Hermanson has raised important criticisms of just how out of whack our federal budget priorities are. We also respect the work Lara has done on antiwar and transit justice issues in San Francisco, and we think he could have a bright political future.

But we’ve decided to endorse Pelosi in this election for one main reason: We want the Democrats to retake the House of Representatives this year and for Pelosi to once again become Speaker of the House. The Republican Party in this country, particularly the Tea Party loyalists in the House, is practicing a dangerous and disgusting brand of political extremism that needs to be stopped and repudiated. They would rather shut the government down or keep it hopelessly hobbled by low tax rates than help it become an effective tool for helping us address the urgent problems that our country faces. Pelosi and the Democrats aren’t perfect, but at least they’re reasonable grown-ups and we’d love to see what they’d do if they were returned to power. So Nancy Pelosi has our support in 2014.

 

CONGRESS, DISTRICT 13: BARBARA LEE

Barbara Lee has been one of our heroes since 2001, when she was the only member of Congress to vote against the Authorization for the Use of Military Force Against Terrorists, braving the flag-waving nationalism that followed the 9/11 attacks on the World Trade Center and Pentagon to warn that such an overly broad declaration of war was dangerous to our national interests. She endured death threats and harsh condemnation for that principled stand, but she was both courageous and correct, with our military overreach still causing problems for this country, both practical and moral.

Lee has been a clear and consistent voice for progressive values in the Congress for 16 years, chairing both the Congressional Black Caucus and Congressional Progressive Caucus, taking stands against capital punishment and the Iraq War, supporting access to abortions and tougher regulation of Wall Street, and generally representing Oakland and the greater Bay Area well in Washington DC. She has our enthusiastic support.

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

Jackie Speier has given her life to public service — almost literally in 1978 when she was an aide to then-Rep. Leo Ryan and survived the airstrip shootings that triggered the massacre at Jonestown — and she has earned our ongoing support. Speier has continued the consumer protection work she started in the California Legislature, sponsoring bills in Congress aimed at protecting online privacy. She has also been a strong advocate for increasing federal funding to public transit in the Bay Area, particularly to Muni and for the electricification of Caltrain, an important prelude to the California High-Speed Rail Project. In the wake of the deadly natural gas explosion in San Bruno, Speier has pushed for tough penalties on Pacific Gas & Electric and expanded pipeline safety programs. She has been a strong advocate of women’s issues, including highlighting the epidemic of sexual assault on college campuses and in the military, seeking greater protections, institutional accountability, and recourse for victims. More recently, Speier has become a key ally in the fight to save City College of San Francisco, taking on the federal accreditation process and seeking reforms. Speier is a courageous public servant who deserves your vote.

Will San Francisco Game of Thrones oust police commissioner?

11

Police Commissioner Angela Chan did not pay fealty to the proper lords and houses, sources say, and in a true to life Game of Thrones, she may now lose her office. The throne in question is a seat on the Police Commission, which Chan may be reappointed to by the Board of Supervisors today [Tues/29], but her chances don’t look good. 

In a political tussle reminiscent of House Lannister’s schemes against House Stark, political machines far larger than the idealistic Chan are churning to keep her from regaining her political office. The forces of Chinatown community leader Rose Pak and her fellow power brokers are backing potential replacement police commissioner Victor Hwang, whose sudden candidacy took many off guard. 

As first reported by Tim Redmond of 48hills.org, Pak’s political pushers dialed every supervisor and marshalled their armies, hellbent on unseating Chan. 

They may win, but not because Chan was a bad commissioner. Actually, the problem might be that she was too effective, and now people in power want her out.

Expanding the mayor’s power

In a Rules Committee meeting Apr. 17, backers of both candidates wore their house sigils, green or white buttons meant to support their chosen candidate, both of whom are seemingly very qualified.

On the one side, Hwang is an ex-assistant district attorney, ex-public defender, ex-nonprofit attorney, and advocate with over 20 years of experience holding police to task for their wrongdoing. He’s fought human trafficking and litigated against out-of-control cops. 

But the incumbent, Chan, an attorney with the Asian Law Caucus, has many similar qualifications. She also has a proven track record on the Police Commission: she crafted the Crisis Intervention Team, tasked with de-escalating standoffs with mentally ill offenders; advocated language access in the police force; helped to revise rules protecting children at school facing arrest; and opposed arming police with tasers.

Both candidates have an extensive list of backers. District Attorney staffers, the Anti-Defamation League, advocates from the Chinatown Development Center, and Randy Shaw of the Tenderloin Housing Clinic all wrote to supervisors backing Hwang. The Guardian even named him a “local hero” in our Best of the Bay issue in 2004.

But the Coalition on Homelessness, San Francisco Women’s Political Committee, members of the Central Americans Resource Center, Board of Education President Sandra Fewer, the local NAACP, and even a retired police officer all backed Chan. The Guardian also named her a local hero, in 2010. 

A change.org petition calling for her reappointment to the commission has 255 signatures, as of this writing. 

Chan hasn’t yet given up the ghost.

“I’m hoping the full board will recognize I work extremely hard,” she told the Guardian. “I look after the community, especially those who are most marginalized.”

Though many issues have political bents and political sides, one aspect of this tussle reveals the power play behind the curtain: the two candidates are competing for one empty seat on the commission, when there are actually two seats vacant.

Why fight over just one seat? 

The answer lies in political motivations insiders would only outline for reporters on background. You see, in a city where many commissions (see: SFMTA) are fully appointed by the Mayor’s Office, and therefore beholden to his whims, the Police Commission has a mechanism to dilute that power — a minority of seats are appointed by the Board of Supervisors. The seat Chan and Hwang are fighting for is the supervisor appointed seat, and for now the mayor’s seat sits empty and uncontested.

Hwang was co-chair of Progress for All, which ran the Run, Ed, Run campaign for Lee’s mayoral candidacy. If the question was really just about making Hwang a commissioner, the mayor could appoint him today with a snap of his fingers. But that’s not the point.

Many insiders, including ones that seemingly support Hwang, told the Guardian that Mayor Ed Lee has plenty of reason to usher Chan out and appoint Hwang in her place. The SFPD long pushed for tasers but found a formidable opponent in Chan, and the mayor would benefit from police support next election, they said. Others said her combative style ruffled people’s feathers, a seemingly legitimate complaint until you consider more cooperative boards like the San Francisco Municipal Transportation Agency define “cooperative” by mostly voting in unison and with little discussion, coincidentally also often in agreement with the mayor’s positions.

Angela Chan asks an SFPD station captain if officers use verbal means to de-escalate situations. 

That’s why Chan is dangerous; she’s a freethinker, and a loud one at that. By pushing the supervisors to appoint Hwang, we were told, the mayor would unseat a potential political liability, and net a freebie commission seat appointment in the deal. 

Win-win.

This isn’t to say Hwang is a bad guy. He longs for public service (nicknaming his practice the Ronin Law Firm), and expressed disappointment in political power struggles beyond his control.

“For me it’s not about Angela, it’s about the police commission,” he told the Guardian. “To give Angela credit, I think the work she’s done on Crisis Intervention Team and language access are important issues.”

And for his part, he said that though many political entities aligned with political powerbroker Rose Pak are pushing for his appointment, he wouldn’t be beholden to her, or them.

“Are Chinatown issues important to me? Yes, they’re very important to me,” he said. “Am I going to answer to one or two folks just because of whoever they are? No. That would be putting my own 20 years of work aside to kowtow to one particular person over anyone else.”

Hwang told us Supervisor Eric Mar is asking the mayor to appoint him to the second vacant police commission seat, but if that effort isn’t successful Chan and Hwang will go head to head.

So the supervisors have a tough choice ahead of them, but for some, the decision is tougher than others.

Conflict of interest

Some of the supervisors have votes that are fair to guess at. Long time progressives like Sups. Mar, John Avalos, and David Campos are ideologically aligned with Chan, and have reason to vote in her favor. 

Chan needs six votes to be re-appointed to the commission, and some of those votes are up in the air.

Sups. Norman Yee, and Katy Tang voted to approve Chan in the Rules Committee, the first round before today’s Board of Supervisors vote. But that’s no guarantee they’ll vote for her again. 

Sup. Jane Kim has an odd conflict of interest. Ivy Lee, an attorney and one of Kim’s staffers, is Hwang’s romantic partner. The couple has three children together. He dedicated a brief he wrote for the Asian American Law Journal, “to my incredible partner Ivy Lee, who gave birth to our second son Kaiden, as I was writing the brief at the hospital.”

Is that conflict of interest grounds for Kim to recuse herself from the vote? Is it proper for her to vote to appoint her staffer’s partner to a political position? We reached out to Kim’s office but did not hear back from her before going to press. 

Board of Supervisors President David Chiu’s vote is also an open question. 

Chiu worked with Chan in 2011 to fight against the federal Secure Communities program, which as we then reported, was a database allowing the feds to circumvent local policies protecting local immigrants who have been arrested but not convicted of any crimes and deport them.

They were partners in the struggle for human rights. So will Chiu back his former ally, Chan, in her re-appointment?

We called, texted, and harangued Chiu to call us back, but did not hear from him before press time. To be fair, he’s running for the Assembly and was likely between one of his dozens of necessary appearances. He did have an aide call us back, but he was unable to give us a hint at which direction Chiu may vote in. 

Complicating his choice is a mix of allegiances. With so many former and current allies on both sides, Chiu will make someone angry no matter which potential police commissioner he votes for, insiders told us. 

And Chiu’s vote may be the deciding one. With real reform of the SFPD on the line, the stakes are higher than the fictional Game of Thrones.

Ultimately, Chiu will have to vote his conscience. 

Correction 3:28pm: The article earlier identified Ivy Lee as married to Victor Hwang. In actuality, Hwang and Lee are romantic partners who decided not to marry in direct protest of the LGBT community being denied the right to marry.

Update 6:50pm: The vote was cast, and Victor Hwang was appointed to the Police Commission in place of Angela Chan. Read our full story.

New coalition opposes Chiu’s Airbnb legislation UPDATED

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An unlikely coalition has formed to oppose legislation sponsored by Board of Supervisors President David Chiu that would legalize and regulate short-term apartment rentals facilitated by Airbnb and other online companies, which are now illegal in San Francisco.

[UPDATE: Some of those same opponents are also now threatening to place a rival measure on the fall ballot, the San Francisco Chronicle just reported. It reportedly shares some aspects with the Chiu legislation, such as a registration system, but it limits rentals to only commercial areas and includes rewards for those who turn in violators to the authorities].

The coalition includes landlord and tenant activists, as well as organized labor and neighborhood groups. It will square off against Airbnb and its hosts, which have pledged to lobby against limits created by the Chiu legislation — all of which could elevate this to the biggest fight of the summer at City Hall. Tomorrow [Tues/28], the coalition of opponents will rally outside City Hall at 10am, while Airbnb supporter will hold a “Speak Up for Home Sharing” rally at 12:30pm.

As we’ve been reporting, it took Chiu more than a year of negotiations with Airbnb, the San Francisco Tenants Union, affected city agencies, and other interested parties to arrive at legislation that requires hosts to register with the city, finally pay the city’s transient occupany tax, and limits stays to 90 nights per year.

But after more than two years of Airbnb’s defying city law and refusing to pay its taxes — scofflaw behavior tacitly supported by Mayor Ed Lee, who share a financial benefactor for the company in venture capitalist Ron Conway — several city constituencies pledged to oppose legislation that would now legalize its activities.

In particular, some longtime affordable housing and neighborhood activists say the legislation irresponsibly legalizes the conversion of residential apartments into tourist hotels throughout the city, creating neighborhood safety concerns and overturning decades of work to protect rent-controlled housing.

Meanwhile, Chiu’s opponent in the race for the Assembly District 17, David Campos, has been highlighting lobbying reports showing 61 contacts between representatives of Airbnb — including formers City Hall insiders David Owen and Alex Tourk — and Chiu’s office.

“Do you think tenant and neighborhood groups met with David Chiu 61 times?” Campos said during his endorsement interview with the Guardian last week, accusing Chiu of letting Airbnb write its own regulations without regard to neighborhood concerns.

Chiu didn’t immediately return our phone calls, but we’ll update this post if and when we hear back. [UPDATE: Chiu legislative aide Judson True just called and disputed how the legislation is being characterized by its opponents and rejecting calls to withdraw the legislation: “Everyone is entitled to a position on Sup. Chiu’s legislation, but we would hope they would engage in the legislative process and not just toss hand grenades. This is a serious policy issue that requires thoughtful dialogue and to simply call for the withdrawal of the legislation is irresponsible.”

True also said the legislation only legalized short term rentals “under very narrow circumstance and that legalization allows enforcement against the most egregious actors.” He also noted how Chiu has consistently opposed converting apartments to tourist uses and called for Airbnb to pay its taxes, calling the legislation a difficult balancing act: “We know that Airbnb has issues with the legislation. They didn’t write the legislation, period.”]

In the meantime, here’s the full text of the press release issued today by the new coalition, which will be holding a press conference at 10am tomorrow on the steps of City Hall:    

For Immediate Release: 
Monday, April 28, 2014

NEWS RELEASE

SAN FRANCISCO CITYWIDE COALITION SAYS NO 
TO PROPOSED CHIU LEGISLATION

Board of Supervisors trying to convert residential housing to 
short-term rentals

Press conference Tuesday April 29, 2014 Steps of City Hall at 10:00 am

San Francisco — Organizations representing usually divergent interests ranging from tenants to landlords, and from hotel workers to the hospitality industry have joined forces with neighborhood and homeowner associations to oppose legislation introduced by Supervisor David Chiu to legalize the short term rentals of residential property throughout San Francisco.

“In the face of an unprecedented housing crisis, Supervisor Chiu’s legislation to legalize the short term rentals of residential property will only exacerbate the housing crisis. This practice is detrimental to our rent-controlled housing stock”, said Janan New, Executive Director of the San Francisco Apartment Association.

“Our studies have shown that with over 10,000 units of housing being rented out over Airbnb, HomeAway and other websites this practice is having a negative impact on hotel workers and San Francisco’s hospitality industry”, said Mike Casey, President of UNITE HERE Local 2.

“The proposed legislation would rezone the entire city from residential zoning to commercial zoning in one fell swoop. We hear complaints from almost every neighborhood about the detrimental effects of short term rentals on the quality of life of tenants and residents”, said John Bardis, former President of the Coalition for San Francisco Neighborhoods and former San Francisco Supervisor.

“Supervisors Chiu’s legislation would repeal hard won controls on Single Resident Occupancy housing, threatens current affordable housing provisions for over 30,000 permanently affordable units, would transform newly approved “in-law units” into high priced motel rooms and make “below market rate” units lifetime luxury hotels. It is the single biggest threat to affordable housing ever proposed by a San Francisco Supervisor” stated longtime affordable housing advocate Calvin Welch.

“Airbnb and other hosting platforms owe the City millions of dollars in unpaid hotel taxes. It is high time that the City collect these taxes which pay for the arts and vital city services and programs. The proposed legislation does not clearly hold Airbnb and similar organizations responsible for collecting and remitting the hotel tax”, said former Supervisor Aaron Peskin.

All of these organizations are calling for Supervisor Chiu to withdraw his legislation at a press conference on Tuesday April 29 on the steps of City Hall at 10:00 am.

Lawsuits go after SF landlords doing illegal short-term apartment rentals

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The San Francisco City Attorney’s Office today filed a pair of lawsuits against local landlords who illegally rent out apartments on a short-term basis, units that had been cleared of tenants using the Ellis Act. Meanwhile, the San Francisco Tenants Unions has hired attorney Joseph Tobener to file more such lawsuits, and he is preparing to file at least seven lawsuits involving 20 units.

The lawsuits are the latest actions in a fast-moving crackdown on Airbnb and other online companies that facilitate short-term apartment rentals that violate city laws against converting apartments into de facto hotel rooms, including VRBO.com and Homeaway.com.

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere.

As we’ve reported, City Attorney Dennis Herrera has been working with tenant groups and others on a legal action aimed at curtailing the growing practice of landlords using online rental services to skirt rent control laws and othet tenant protection, removing units from the permanent housing market while still renting them out at a profit.   

“In the midst of a housing crisis of historic proportions, illegal short-term rental conversions of our scarce residential housing stock risks becoming a major contributing factor,” Herrera said in a public statement. “The cases I’ve filed today target two egregious offenders. These defendants didn’t just flout state and local law to conduct their illegal businesses, they evicted disabled tenants in order to do so. Today’s cases are the first among several housing-related matters under investigation by my office, and we intend to crack down hard on unlawful conduct that’s exacerbating—and in many cases profiting from—San Francisco’s alarming lack of affordable housing.”

The lawsuits allege violations of the city’s Planning and Administrative codes, as well as the state’s Unfair Competition Law, targetting 3073-3075 Clay Street, owned by defendants Darren and Valerie Lee; and 734 and 790 Bay Street, which is owned or managed by defendants Lev, Tamara and Tatyana Yurovsky (founder of SRT Consultants).

Guardian calls to both parties were not immediately returned, but we’ll update this post if and when we hear back. Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market.

“The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.”

The San Francisco Apartment Conversion Ordinance prescribes penalties of $1,000 per day for units rented out for less than 30 days. That now applies to buildings with four or more units, although Chiu’s legislation would lower that to buildings with two or more units while legalizing such rentals and requiring host to register with the city and live in the units for at least 275 days per year, meaning rentals would be limited to 90 days per year.

Tobener’s lawsuits list 210 violations in the 20 units it targets, seeking fines totaling $210,000. But he emphasized that money is not the issue: “The San Francisco Tenants Union doesn’t care about the penalties, they just want to put the message out that we’re going after landlords who do this and we want those units returned to the market.”

SF may go through Marin County to bypass CleanPowerSF subversion

106

Just in time for Earth Day, a renewed effort to reduce the city’s carbon emissions was introduced at the Board of Supervisors yesterday [Tues/22]. Sup. John Avalos introduced a resolution calling for a study of San Francisco joining Marin Clean Energy, which provides renewable energy to that county’s residents.

The move is seen largely as an effort to circumvent Mayor Ed Lee’s opposition to implementing a controversial renewable energy plan called CleanPowerSF.

“Mayor Lee and the Public Utilities Commission objected to CleanPowerSF, but they have offered no other solution to provide San Franciscans with 100 percent renewable electricity,” Avalos said in a public statement. “With this ordinance, we can either join Marin or we can implement our own program, but we can no longer afford to do nothing.”

The resolution is the latest effort in the long saga to implement CleanPowerSF, San Francisco’s proposed renewable energy alternative to PG&E, whose current energy mix is only 19 percent renewable. Much of PG&E’s current mix is dirty and directly contributes to half of San Francisco’s carbon footprint, according to the city’s own recent Climate Action Strategy.

Joining Marin under a Joint Powers Authority would provide a vehicle for San Francisco to enact CleanPowerSF’s goals, long blocked by the mayor. San Francisco’s renewable energy effort may have lingered in legal limbo for years, but Marin made the switch to renewables in 2010.

“It’s something people want, and it also reduces greenhouse gas emissions,” Marin Clean Energy Executive Officer Dawn Weisz told the Guardian. Much of Northern California, she noted, has little choice but to use PG&E for their electricity.

“The people never chose to have a monopoly in place,” she said. “People like having choices.”

Marin chose to switch to renewable energy in 2010, and MCE offers two energy mix options: A 100 percent renewable energy option, and a less expensive 50 percent renewable option. MCE officials told the Guardian they have a 75 percent customer adoption rate, meaning most of Marin County is running on clean, renewable energy.

Using an energy bill calculator on MCE’s website, the average homeowner pays about $80 a month for their renewable energy in the summer, just $2 more than their dirty PG&E power. The program has been so successful for MCE’s approximately 125,000 customers that other cities have joined with Marin under what is called a Joint Powers Authority, allowing those cities to access MCE’s grid.

The City of Richmond joined into a Joint Powers Authority with Marin County in 2012, and Napa County also expressed interest in providing renewable energy through MCE.  That large adoption rate may be what has PG&E running scared.

“We faced very strong opposition from the incumbent utility during our launch,” Weisz told the Guardian, referring to PG&E. “Fortunately, we have a much better relationship with them now, and they serve as a good partner.”

The renewable energy is distributed along PG&E’s existing infrastructure, so the utility still has a role to play in providing electricity to Marin. But the utility certainly has worries when it comes to generating electricity, as Marin is building new sources of renewable energy up and down California.

“We have 24 different power supply contracts,” Weisz told us. This includes new solar facilities in San Rafael and the Central Valley, and renewable energy sources in Roseville and and Placer County.

Though other cities have signed on to receive energy through Marin County’s MCE program, San Francisco joining would be another ballgame entirely, Weisz said.

MCE has a policy of incremental expansion, she told us, and defines potential affiliate cities and counties as having fewer than 30,000 customers who are less than 30 miles away. Though San Francisco is a stone’s throw from Marin County, the potential customer base is huge: San Francisco has a population of over 800,000 people.

“It would require some analysis,” Wisz said dryly.

MCE’s analysis to include Napa County in its energy mix took 60 days, she said. Notably, San Francisco may produce its own power and use its own mix, and simply use MCE’s billing setup. Basically, San Francisco would provide energy through CleanPowerSF, but MCE would be a contractor that administers San Francisco’s program.

But joining into Marin’s renewable energy program has more hurdles than just figuring out the mix. Clean Power SF is a Community Choice Aggregation program, defined by state law as exactly that — part of the community. Jumping over to Marin may create a legal mess for San Francisco, but there is hope.

Assembly Bill 2159, introduced by Assemblyman Tom Ammiano, would allow a county’s Board of Supervisors to approve joining a Joint Powers Authority with another municipality, in this case, allowing San Francisco to join up with Marin, while still creating its own CCA program.

The bill just cleared the Assembly Utilities and Commerce Committee yesterday, and has a ways to go.

If that sounds like a legal headache, it is. But advocates say its necessary because Mayor Ed Lee has “stacked the deck” at the San Francisco Public Utilities Commission, hiring people friendly to blocking CleanPowerSF on his behalf.

“The main purpose of passing it is to get through the mayor’s log jam,” clean power advocate Eric Brooks told the Guardian. “We want San Francisco to go faster and make more green jobs.”

And, of course, to reduce greenhouse gas emissions. Avalos’ office estimates that in the time the mayor has stalled Clean Power SF, San Francisco has generated 80 million pounds of CO2.

Where there’s smoke

0

news@sfbg.com

It was April 20 in Golden Gate Park, the fabled 4/20 in the parlance of pot smokers, and we found Nick and Chris standing under the shade of a tree with a cluster of friends, including Geoff, the proud owner of a five-foot bong.

Nick had done several hits through the supersized smoking device that day. Beside him, Chris took hits from his own handheld bong. “I’m feeling good,” Nick reported. “But I’m also kinda hungry. I could go for some Chinese food. Ohh, and some Sapporo!”

Administering a hit of marijuana through such unwieldy paraphernalia is quite the operation, requiring one person to stand and hold one end, another to light the marijuana once it’s packed into the bowl, and a third to inhale the five-foot column of milky smoke that rises through the chamber. The smokers on the receiving end contorted their faces as they inhaled, inevitably coughing and laughing as they breathed out, seemingly amazed by the experience. The college-age friends were in 420-induced bliss.

The annual 420 celebration in Golden Gate Park is unpermitted, with no official organizers, yet thousands of festivalgoers nevertheless flock to it year after year. It’s a quintessentially San Francisco experience: Young and old congregate for a collective daylong smoke-out, bringing drums, dogs, grills, shade structures, hand-blown glass, tie-dyed tapestries, Hacky Sacks, sound systems, and other picnic paraphernalia along with them.

The area around Hippie Hill — at the eastern end of the park, near Kezar Stadium — was a jumble of humanity crammed elbow to elbow, reeking of pot smoke. The crowd reflected a wide range of ethnicities and brought out many displaying an outlandish sense of fashion, sporting shiny plastic marijuana-leaf necklaces, sleeve tattoos, piercings, face paint, and piles upon piles of dreadlocked hair.

San Francisco maintains an iconic status as a weed-friendly city. While 420 in Golden Gate Park is a lighthearted scene that’s also proved irksome for city agencies plagued by leftover trash and traffic jams, serious year-round marijuana advocacy efforts continue to mark the Bay Area as a hotbed for drug policy reform and thriving, legitimate pot-based entrepreneurship.

 

GREEN BEACON

The movement to legalize marijuana for medical purposes started in San Francisco, the lovechild of the city’s hippie movement and its caregiving response to the AIDS epidemic. It was Dennis Peron and other activists here who wrote Proposition 215, the statewide legalization measure that California voters approved in 1996.

A decade ago, the San Francisco Board of Supervisors approved a comprehensive set of regulations for its two dozen or so medical marijuana dispensaries, guidelines that have proven to work well and be a model for other jurisdictions to follow, elevating pot purveyors into accepted members of the business community (see “Marijuana goes mainstream,” 1/27/10).

Some have even begun to regard the Bay Area as a model for how to implement a sensible approach to regulating marijuana. On April 16, US Rep. Dina Titus (D-Las Vegas) traveled to San Francisco on a fact-finding mission after Clark County, Nevada legalized medical marijuana, with Las Vegas and other Nevada cities expected to follow shortly.

“I want the state to learn from someone who’s done it right,” Titus told the Guardian as she toured The Apothecarium on Market Street, an elegant dispensary reputed to be one of San Francisco’s finest.

In addition to helping guide Nevada’s implementation of medical marijuana legalization, Titus said she’s working on federal legislation that would better protect small businesses involved with a marijuana industry that is growing rapidly in the US, thanks to Colorado and Washington taking the next step and legalizing even recreational uses of marijuana.

For example, Titus wants to make sure marijuana businesses have full access to banking services, something that the US Department of Justice has occasionally interfered with. As Titus told us, “The federal government shouldn’t be wasting time and going after people who are abiding their state laws.”

 

BLISS AND BOUNDARIES

Back at 420 on Hippie Hill, Amber and Charlie lounged on a blanket with Gizmo, an affectionate pooch they’d adopted from “this guy who lives in a tree house” in Santa Cruz. The young couple, ages 18 and 20 respectively, had hitchhiked to California from Washington. Yes, “we may have done some weed,” Charlie said before letting out a peal of laughter.

“It’s been pretty awesome,” Amber said. “Literally, there was smoke coming from everywhere,” the moment 4:20pm arrived. As far as the eye could see, she said, the scene was nothing but “people smoking weed. It was crazy.”

Lilian was at the park with a friend, wearing a crown of daisies she’d woven with flowers plucked from nearby the park entrance. “All day we’ve been doing joints and blunts and pipes,” she explained. “We haven’t had any bong hits yet, but we had a couple vape hits, because they were like giving free test trials here at the park. So we were like, alright, why not?”

Lilian exulted the “positive vibes” of the event, but it wasn’t all weed and roses. A short while later, reports of gunfire sent police cars racing into the park with sirens wailing. While police later reported that they never found evidence of anyone actually discharging a weapon, two different individuals were arrested on charges of possessing a firearm.

Emergency personnel responded to four medical calls, police reported the following day, including one person who had a seizure, someone who suffered an abrasion at Haight and Ashbury streets, and two underaged individuals who experienced problems after becoming overly intoxicated. For a crowd of thousands pushed the boundaries of indulgence, quite a small number suffered harm.

Eight other arrests stemmed from charges of selling marijuana or possessing it for sale, possession or sale of opiates, one warrant arrest, and another on charges of “malicious mischief,” according to police.

A few days before the unpermitted gathering, city officials held a press conference announcing a “comprehensive plan” to crack down on the anticipated debauchery, which included not only the Golden Gate Park marijuana celebration but the “Hunky Jesus” competition, a countercultural hallmark held annually on Easter Sunday in Dolores Park.

“Last year we had a lot of challenges,” said Sup. London Breed, whose District 5 encompasses Golden Gate Park. “We need to make the city and streets safe this year. We want people to come and enjoy San Francisco, but we also want them to respect San Francisco.”

Thus, city agencies ramped up deployment of both plainclothes and uniformed police officers, and sent out more parking and traffic control officers.

The previous year, when massive amounts of debris had been left strewn throughout the park, it took 25 city employees over 12 hours to clean up five tons of trash left by intoxicated visitors, said Phil Ginsburg, general manager of the city’s Recreation and Parks Department. The Department of Public Works’ tab for cleanup exceeded $10,000.

But the main draw of the event, in true San Francisco fashion, was behavior Police Chief Greg Suhr hinted in advance would essentially be tolerated. “The sale of marijuana is still a felony,” Suhr emphasized, “but I don’t think [the SFPD is] naive enough to believe that we can stop people from smoking on 4/20.”

 

CANNABIS AS MEDICINE

Advocates for legalizing even recreational use of marijuana had hoped to make the November ballot this year, but the campaign’s signature-gathering effort has sputtered out.

Sponsored by the California Cannabis Hemp Initiative, the legalization measure was named for Jack Herer, a renowned cannabis advocate who passed away in 2010. The campaign is now ramping up for another try in 2016, when some advocates hope the presidential election will drive younger voters to the polls.

But while efforts to legalize weed in California for recreational use falter for now, the legitimate use of cannabis for medicinal purposes has giving rise to healthy businesses and research on health benefits. At the April 16 event at the Apothecarium, Titus had lots of questions for Allie Butler, an expert in marijuana who has a master’s degree in public health and told Titus, “I want to do cannabis research for the rest of my life.”

Butler introduced Titus to the various strains of marijuana, explaining what ailments each is good for. The CaliWidow can be a cure for headaches, she explained, and Blue Dream is “good for nausea. We prescribe that for cancer patients all day.” She indicated another strain, saying, “this is the Jack Herer, it’s my mom’s favorite.” Fancy, knowledgeable, and above ground, this isn’t your mom’s marijuana business anymore.

Politics over policy

97

Joe@sfbg.com

Paid Sunday parking meters were unanimously repealed by the San Francisco Municipal Transportation Agency Board of Directors on April 15.

Sunday meters will be free starting July 1, a losing proposition for many, including seniors and people with disabilities who advocated for free Muni passes at the same SFMTA meeting.

There’s a dire need. Betty Trainer, board president of Seniors & Disability Action, relayed a senior’s story printed on one of 500 cards collected by her advocacy group.

“I’m often cold and can’t walk like I used to,” Trainer read aloud. “Most days I’m stuck in my room on my own. Help me out. No one should be a recluse for lack of money.”

In increasingly expensive San Francisco, seniors and people with disabilities often can’t afford to take a bus. They asked the SFMTA board to grant them mobility, but were denied.

Tom Nolan, president of the SFMTA Board of Directors, said it would be a matter of “when, not if” the board would revisit funding free Muni for elderly and disabled passengers, and would likely take up the question again in January.

Yet many who spoke out at the meeting hammered home the point that paid Sunday meters could have easily covered the cost of such a program.

Meanwhile, a SFMTA study found that paid Sunday meters also made life easier for drivers and business proprietors. So why would the SFMTA board vote down a measure with so many benefits?

Ultimately, the decision on Sunday meters stemmed from political pressure from the Mayor’s Office. The vote reflects decision-making not predicated on whether the policy worked or not, but whether it could be sacrificed to gain political leverage.

 

GOOD FOR EVERYBODY

The SFMTA’s December 2013 “Evaluation of Sunday Parking Management” study may not sound like entertaining bedtime reading, but the report identifies surprising biggest winner of the paid Sunday meter program: drivers.

“It is now easier to find parking spaces in commercial and mixed use areas on Sundays,” the report begins. Between 2012 and 2013, the average parking availability on Sunday doubled during metered hours, increasing from 15 percent to 31 percent. Parking search times were lowered as well.

Sunday drivers in 2012 spent an average of 14 minutes circling for a spot; in 2013, the average was dramatically reduced to four minutes.

That created a ripple effect benefiting businesses too, as higher turnover meant more customers cycling through parking spaces, something the business advocates have pointed out.

“You can drive into merchant areas now where you couldn’t before,” Jim Lazarus, senior vice president of public policy at the San Francisco Chamber of Commerce, told us in an interview for a previous story.

Paid Sunday meters also provided sorely needed funding for Muni.

The SFMTA’s most recent budget projection anticipated that paid Sunday meters would yield as much as $11 million. The already approved Free Muni for Youth program and the stalled free Muni for seniors and people with disabilities program would cost Muni about $9 million, all told.

That nearly direct cost correlation could be the reason why the free Muni issue got wrapped into arguments against repealing paid Sunday meters.

“To some people $23 may not be much, but to [seniors], every penny counts,” Pei Juan Zheng, vice president of the Community Tenants Association, told the board. She spoke in Cantonese, through a interpreter. “I know some senior couples who can only afford one Muni pass and share it, taking turns to go on doctor’s visits.”

meterbigSo paid parking meters benefit many diverse constituents, and even SFMTA Executive Director Ed Reiskin publicly favored them. Making Sunday meters free again wasn’t Reiskin’s idea, he told us back in February.

That order came straight from Mayor Ed Lee.

 

POLITICAL MINDS

Lee’s statement to the press the day after the meters were repealed said it all.

“Repealing Sunday parking meters is about making San Francisco a little more affordable for our families and residents on Sunday, plain and simple,” Lee wrote. “Instead of nickel and diming our residents at the meter on Sunday, let’s work together to support comprehensive transportation funding measures this year and in the future that will invest in our City’s transportation system for pedestrians, bicyclists, transit riders and drivers alike.”

Lee’s reasoning doesn’t address Sunday meters as policy, but as political fallout.

Two initiatives seeking funds for Muni are headed for the November ballot. In public statements, Lee repeatedly expressed fear that keeping in place Sunday meter fees, which generate revenue for Muni, would dissuade car-bound voters from supporting more funding for Muni at the polls.

The SFMTA board didn’t even pretend to vote against the measure for its policy merits, instead vocalizing what insiders already knew: Mayor Lee wanted the paid meters killed.

“We need to take a step back and make sure we win in November,” said Joel Ramos, an SFMTA director, moments before the vote.

“I know Mayor Lee has some of the best political minds in his office,” Cheryl Brinkman, another SFMTA director, chimed in. “Lee is certain this will help us in November and help us with our ballot measures.”

It seems these “best political minds” had greater sway in the end than SFMTA’s own policy reports on funding and benefits brought by Sunday meters.

 

VOTING FOR THE MAYOR

The SFMTA Board of Directors is appointed solely by the mayor. Efforts in 2010 to reform the body to be a mix of appointments from the Board of Supervisors and the Mayor’s Office went nowhere.

So as things stand, SFMTA directors’ chances of reappointment depend upon the will of the mayor.

After the SFMTA board voted on Sunday meters, we phoned Brinkman to ask if Lee’s appointment power swayed her vote on paid Sunday meters. She dismissed the idea, saying, “I have really strong confidence in this MTA board.”

But Brinkman did say she was told by the Mayor’s Office, though not the mayor himself, that Lee wanted to “kind of give people a break.”

Past SFMTA directors have run afoul of the mayor’s wishes on parking meter issues before. In 2010, StreetsBlog SF wrote how then-SFMTA director Bruce Oka was called into then-Mayor Gavin Newsom’s office for a stern scolding after he publicly backed extending paid parking meter hours.

“I don’t know if you’ve heard this about the Mayor’s Office, but they tend to be a little aggressive when they want people to be in line with the mayor,” Oka told StreetsBlog SF.

Notably, Lee opted to not reappoint Oka, instead appointing Cristina Rubke, whose sole political experience beforehand was advocating in public comment for the America’s Cup, according to SF Weekly. Oka was unavailable for comment for this story.

It’s not an unreasonable reach to say Oka’s frequent outspoken opposition to the positions of sitting mayors may have cost him his reappointment.

And Oka’s story raises another question: Does the SFMTA genuflect to the wishes of the Mayor’s Office? A look at past SFMTA board votes shows members’ startling consensus with the mayor, and with each other, for an ostensibly political board.

On smaller projects where one may expect political agreement, it’s there: The SFMTA board voted unanimously in 2011 to convert a portion of Haight Street for two-bus lanes, and in 2012 the board voted unanimously to approve Oak and Fell streets bike lanes.

But the board votes unanimously on more politically divisive matters too. Earlier this year, the commuter shuttle pilot program was greeted with controversy centered on Google buses. The packed SFMTA board meeting was perhaps one of the most contentious in recent memory, with those delivering public comment split between favoring the pilot program, or not.

But despite the fractious debate, the board voted unanimously to enact the commuter shuttle pilot program, a project the mayor had publicly championed.

“I don’t want to give anyone the impression that this mayor pressures the MTA board,” Brinkman told us. “This mayor,” she said, “really doesn’t.”

Before the vote, directors Ramos and Brinkman both acknowledged paid Sunday meters offer many benefits for drivers, but said the SFMTA failed to make the political argument for those benefits.

“We need to regroup and better explain parking management,” Brinkman told us in a phone interview. “Not just to the people who park but the Board of Supervisors, and even up to the Mayor’s Office.”

But even the directors who spoke favorably about paid Sunday meters voted to repeal them.

Hours after the public comment session finally wound to an end, it was time for SFMTA board members to vote on Sunday meters. Rather than discussing pros and cons, they swiftly rejected the program. And, in a move that should surprise no one, they voted unanimously.

SFBG Wrap, April 16-23

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BART FINED FOR WORKERS’ DEATHS

The California Occupational Safety and Health Administration has fined Bay Area Rapid Transit for three “willful/serious” safety violations in connection with the death of two transit workers last October, saying BART is at fault due to a lack of safety measures.

“Safety standards are designed to save lives,” acting Cal/OSHA chief Juliann Sum said in a statement, “and they were not followed.”

The transit workers were killed in the final days of the BART strike. The accident claimed the lives of Christopher Sheppard, a BART manager and member of the AFSCME union, and Larry Daniels, a contractor, who had been inspecting a “dip in the rail” before they were hit by an oncoming train.

The workers were required to go through what’s called a Simple Approval process to get permission to work on the track, but the OSHA citation seized on that process as a dangerous underlying factor in the fatal accident.

“Employer’s control method, namely the ‘Simple Approval’ procedure, does not safeguard personnel working on tracks during railcar movement,” the citation reads. “The employer allowed workers to conduct work on the railway tracks where trains were traveling. The employees had no warning that a train moving at more than 65 miles-per-hour was … approaching the location where they were working.”

BART General Manager Grace Crunican quickly issued a statement. “Passenger and employee safety is our top priority at BART,” Crunican said. “BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million.” She added that Cal/OSHA considered the safety violations to be “abated” in light of these changes, “meaning that none … pose continuing safety hazards.”

Simple Approval has since been terminated, BART spokesperson Alicia Trost told the Guardian. “BART permanently eliminated Simple Approval immediately following the tragic deaths,” she said. “We are also implementing the extra layers of protection for track workers.”

Notably, the two workers were killed during BART management’s attempt to train managers to operate trains during the strike, according to the National Transportation Safety Board, which continues to investigate the incident. (Joe Fitzgerald Rodriguez)

SORRY STATE OF PUBLIC HOUSING

Sup. London Breed has proposed setting aside city funding to renovate vacant and dilapidated public housing units, in an effort to quickly make housing available for homeless families in the face of a dire shortage.

At the April 15 Board of Supervisor’s meeting, Breed cited an anticipated budget surplus and called for the Controller and City Attorney to begin drafting a supplemental budgetary appropriation of $2.6 million, for renovating 172 San Francisco Housing Authority units sitting vacant.

“There are over 40 public housing developments in San Francisco, and given the decades of mismanagement and financial neglect that public housing has endured, many units are currently not available for San Franciscans to live in,” Breed said. “As we grapple with an unprecedented affordability crisis and an acute shortage of housing, particularly affordable housing, these fallow public housing units represent one of our best and cheapest opportunities to make housing available now.” Breed, who represents District 5, previously lived in San Francisco public housing.

The Housing Authority receives its funding through the federal government, but spokesperson Rose Marie Dennis said those federal dollars don’t stretch far enough for the agency to perform routine restoration of vacant units. “We have to work with the resources that we have,” she said.

According to an analysis by Budget & Legislative Analyst Harvey Rose, the city has lost $6.3 million in rent that could have been collected had its empty public housing units been occupied.

The day after Breed floated her proposal for a budgetary supplemental, tragedy struck at Sunnydale, the Housing Authority’s largest housing development, when a deadly fire claimed the lives of a 32-year-old resident and her 3-year-old son. The cause of the fire is under investigation, but a San Francisco Chronicle report noted that the Housing Authority had planned to rebuild Sunnydale for years due to its poor condition.

The following day, April 17, Mayor Ed Lee announced that emergency funding of $5.4 million had been identified through the Mayor’s Office of Housing and Community Development, to address serious deferred maintenance needs — such as busted elevators in apartment complexes where disabled seniors rely on wheelchairs and canes to get around. (Rebecca Bowe)

SUPES OUTFOX LANDLORDS

When the San Francisco Board of Supervisors gave final approval April 15 for legislation to substantially increase landlord payments to tenants in the case of Ellis Act evictions, it reflected a key change designed to counter a recent eviction push by landlords.

Winning approval on a 9-2 vote, with Sups. Mark Farrell and Katy Tang opposed, the legislation increases the current required relocation payments of $5,265 per person or $15,795 per unit (plus an additional $3,510 for those with disabilities or over age 62) up to the equivalent of two years’ rent for a comparable unit. That translates to tens of thousands of dollars.

For example, the Controller’s Office calculates that a family evicted from a two-bedroom apartment in the Mission District rented at $909 per month would be entitled to $44,833 in relocation payment.

The legislation was originally scheduled to go into effect 120 days after passage, in order to give city officials enough time to implement it. But when sponsoring Sup. David Campos heard landlords were rushing to evict tenants prior to the fee increase, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. After getting the green light, Campos amended the measure to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He was initially given 10 days to decide. Since a veto-proof majority approved the legislation, the mayor’s decision is to either grant approval or stall the inevitable, triggering more evictions at lower levels of relocation assistance. (Steven T. Jones)

POLICE TAPES BROUGHT TO LIGHT

Police radio dispatch records from March 21, the night 28-year-old Alejandro Nieto was gunned down in Bernal Heights Park by San Francisco Police Department officers, had been impossible to obtain despite requests from journalists, attorneys, and community members who had ties to Nieto.

Then, incredibly — thanks to a combination of tenacious reporting and the website Broadcastify.com — the radio dispatch audio popped up in a news report on KQED’s website.

Originally captured in real-time by a website works like an automatic police scanner and preserves all files, the recordings offer a rare, behind-the-scenes glimpse of what occurred in the moments leading up to the highly controversial officer-involved shooting.

The SFPD’s account of the incident is that officers opened fire in defense of their own lives because Nieto pointed a Taser at them, causing them to believe he was tracking them with a firearm.

But the audio files that have now surfaced reflect no mention of a suspect brandishing a weapon.

The first mention of a “221” — police code for person with a gun — is to relate a 911 caller’s description of a Latino male suspect, who has “got a gun on his hip, and is pacing back and forth on the north side of the park near a chain-linked fence.” Just before the shooting, a voice can be heard saying over the radio, “There’s a guy in a red shirt, way up the hill, walking toward you guys.” Several seconds later, another voice calmly states, “I got a guy right here.”

Twenty-six seconds after that, a person can be heard shouting, “Shots fired! Shots fired!”

“What’s very telling is that none of the people are saying, the guy had a gun, he pointed it at us,” said attorney Adante Pointer of the law office of John Burris, which is preparing to file a complaint on behalf of Nieto’s family against the SFPD. “It begs the question, did [Nieto] do what they said he did?”

“If this was a righteous shooting,” Pointer added, “then [SFPD] … shouldn’t have any fear of public scrutiny.”

Friends and supporters of Nieto have led marches to protest the shooting and set up a website for ongoing events, justice4alexnieto.org. (Rebecca Bowe)

 

City College special trustee restores public comments, meetings

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Protests against City College of San Francisco’s leadership trumpeted grave concerns in the college community over the lack of public voice at the school. Now, some of those concerns have been resolved, and the beleagured CCSF is taking baby steps towards restoring democracy.

Special Trustee Robert Agrella announced via mass email today the return of public comment to City College board meetings, and, well, actual meetings. Local college officials praised the move as a step in the right direction.

“Perhaps the restoration of some level of openness will make people feel their voices are being heard,” said Fred Teti, the college’s Academic Senate president. The school’s senate only yesterday passed a resolution urging Agrella to restore public comment, Teti said, and with good reason.

Though the mention of board meetings may be elicit a shrug or a snooze for some, for City College students the right to speak out publicly to school leaders was important enough to be jailed over. Only last month, hundreds of student and faculty protesters stormed the school’s administrative building, and in the violent clash with SFPD and City College Police, one student was pepper-sprayed and another punched in the face.

Both were jailed afterward, and one of the students said all he wanted was a dialogue.

“We just want to have a conversation with Bob Agrella,” Dimitrious Phillou said in a video interview with the college’s newspaper, The Guardsman. “It’d be nice if he would talk to us, like a real human.”

And changes to City College are coming spitfire-fast. After they got word from their accreditors that they may close in July of this year, the school has scrambled to reshape classes offered at the school to meet the requirements, and vision, of their accreditors. Agrella was appointed by the state to take the place of the college’s duly-elected Board of Trustees — and therein lies the issue.

Not everyone agreed with the board, and many members through the years have been accused of laziness, incompetence, and worse. But at the very least, the college community had a monthly opportunity at public meetings to tell the board what was right and what was wrong, leading to many decisive turnarounds: budgets amended, classes saved, services restored or cut.

It was an imperfect process, but at least a forum existed to give the public the right to address their officials in full view of the public. Under Agrella, no such forum existed.

Student and faculty shout “let them speak!” at a City College board meeting.

When Agrella took over the powers of the board, the idea was to expedite decision-making in order to save the college. But this meant an end to the meetings. Though he posts the agendas for his decisions online, he held no public meetings, and only solicited “public comment” via email, which many rightly noted were not public at all.

Apparently these meetings are happening in the special trustee’s head,” Alisa Messer, the City College faculty union president told the Guardian in our story, “Democracy for None [3/18].” “No one agrees that [email] comment is public.”

That will change April 24. Agrella will hear public comments at 4pm at City College’s main campus in the Multi Use Building, Room 140. Unlike meetings of City College’s full board, Agrella’s public comment session will not be televised or audio recorded. When we asked why, college spokesperson Peter Anning said he would look into it. 

Anning added that Agrella did issue one warning. He was very clear that this was going to follow board policy which will require civil discourse,” Anning said in a phone interview. “That’s been an experience in the past, where people have gotten belligerent. He said he won’t tolerate that.” 

California Community College Chancellor’s Office spokesperson Larry Kamer said Agrella’s decision to restore public comment was a practical one.

I think Bob is a problem solver, he’s a practical guy,” Kamer said. “If there was concern and discontent about public comment, I think he just wanted to deal with it before it became a problem.”

Messer applauded the decision as a step in the right direction, but cautioned that it was a small step in terms of restoring City College’s democracy. 

“Of course, at any moment Dr. Agrella could — and should — restore actual board meetings,” she told us. “He could even include the voice of the voters by convening our publicly elected Board of Trustees.”

The Board of Supervisors unanimously passed a resolution last month urging Agrella to do exactly that. 

The resolution sends a very clear message about the importance of restoring democratic decision making at City College,” Sup. David Campos told the SF Examiner.

But, as Teti told the Guardian, sometimes you need to recognize that victories come incrementally. 

Thinking Agrella would restore the Board of Trustees, video airing of public comment and full meetings all at once is perhaps a stretch, he said, “That’s the pie in the sky idea.”


City unveils plan to get tough at 4/20 gatherings

City officials today announced a “comprehensive plan” to crack down on unpermitted 420 events at Golden Gate Park this Sun/20, saying it was necessary because last year’s debauchery got out of hand. That means more police, both in uniform and plainclothes, will be in the park for the greatest marijuana celebration of the year.

“Last year [on 4/20] we had a lot of challenges,” said Sup. London Breed, who is spearheading this year’s efforts since the park falls in her district. “We need to make the city and streets safe this year. We want people to come and enjoy San Francisco, but we also want them to respect San Francisco.”

The problems Breed was alluding to included underage drinking, traffic congestion, and massive amounts of trash left in the park, especially in the area known as Hippie Hill.

Last year, it took 25 city employees over 12 hours to clean up the five tons of trash left by intoxicated visitors, according to Phil Ginsburg, general manager of San Francisco Recreation and Parks. And because 420 activities are unsanctioned and without an official sponsor, the burden to pay for the cleanup falls upon the city. In 2013, the Department of Public Works spent more than $10,000 to restore Golden Gate Park.

In anticipation of an even larger crowd this year, for both 420 and Easter events happening in the park, the city is gearing up to deal with people and traffic. In addition to deploying additional law enforcement in plainclothes and uniform, officials also plan to ramp up parking control, utilize additional bus services, and employ city workers to direct traffic.

A press release issued by Breed’s office indicated that police would take “a strict enforcement approach to all code violations.”

But speaking at the press conference, San Francisco Police Chief Greg Suhr said officers will have zero tolerance for violations such as underage drinking, open containers, selling drugs, unlicensed vendors, and even walking while texting. Noticeably absent from the list of offenses he mentioned was actually smoking marijuana.

“The sale of marijuana is still a felony,” Suhr emphasized, “but I don’t think [the SFPD is] naive enough to believe that we can stop people from smoking on 4/20.”

Captain Gregory Corrales confirmed that maintaining safety is the station’s top priority. Last year there was only one violent incident and eight arrests for selling drugs, but there were zero citations for possession of marijuana.

Pot smoking, which has long been tolerated, if not embraced, in our progressive enclave, was officially deprioritized as a crime by the Board of Supervisors in 2006, barring incidents that involved driving under the influence, minors, or violence. Breed noted that while she does not “condone illegal activities,” she admits that this aspect of the 420 celebration is difficult to control.

So please, stoners of San Francisco, follow the cardinal rule of nature lovers by packing out whatever you pack in. And above all, have a safe and merry holiday.

Supervisors outfox landlords on eviction compensation measure UPDATED

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When the San Francisco Board of Supervisors gave final approval yesterday [Tues/15] to legislation that would substantially increase the payments landlords are required to give tenants they evict using the Ellis Act, the supervisors made a key change designed to counter a recent eviction push by landlords.

The legislation, approved on a 9-2 vote with Sups. Mark Farrell and Katy Tang opposed, increases the current required relocation payments of $5,265 per person or $15,795 per unit (plus an additional $3,510 for those with disabilities or over age 62) up to the equivilent of two years rent for a comparable unit, which means tens of thousands of dollars.

For example, the Controller’s Office calculates that a family evicted from a two-bedroom apartment in the Mission District where they pay $909 per month would be entitled to $44,833 in relocation costs.

The legislation was originally scheduled to go into effect 120 days after passage in order to give city officials enough time to implement it. But after sponsoring Sup. David Campos heard that landlords were rushing to evict tenants before those fees went up, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. And after getting the greenlight, he amended  the measure yesterday to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He has 10 days to decide, and given that the legislation was approved by a veto-proof majority, the question is really whether the mayor will support stalling the inevitable, thus encouraging more evictions at lower levels of relocation assistance.

But Mayor Lee has publicly touted his concerns about the eviction epidemic and support for Sen. Mark Leno’s Ellis Act reform legislation, SB1439. So I’m sure Lee is warming up his pen and preparing to sign the measure as I write this, right? We’ve got a message into his office with that question and I’ll update this post when we hear back.

UPDATE 4/18: Christine Falvey, the mayor’s press secretary, just finally responded to our inquiry and said, “The Mayor is reviewing and considering this legislation. I will keep you updated.” Apparently, he doesn’t feel the same sense of urgency that supporters of the measure feel. 

UPDATE 5/6: Mayor Lee waited 10 days and then allowed the measure to become law without his signature. 

Revisionist future

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news@sfbg.com

Acidified oceans. Dirty air. Superstorms. Food shortages. Mass migration. War. The International Panel on Climate Change last week released the final installment of its latest authoritative report on the catastrophic effects of global climate change.

In no uncertain terms, the report states, it is urgent that steps be taken to mitigate the worst impacts. The world’s cities are the most at risk — yet hold the greatest potential for turning the tide, IPCC scientists noted. Making cities greener is one of the most effective ways to minimize climate change.

But as experts turn to cities in hopes of reducing greenhouse gas emissions, newly released documents suggest that officials in San Francisco Mayor Ed Lee’s office ordered the most effective strategies for achieving clean energy goals to be removed from the city’s plan for combating climate change.

 

CHANGE OF PLANS

The city’s Climate Action Strategy sets out the overarching goal of reducing greenhouse gas emissions to 80 percent below 1990 levels by 2050, a yardstick consistent with state and regional goals. For 10 years, the San Francisco Public Utilities Commission worked on a program that would have given city residents and businesses more access to renewable energy sources to help meet that emissions reduction target.

CleanPowerSF, a municipal power program that would replace Pacific Gas & Electric power for San Francisco customers, would provide electricity from 100 percent, California-certified renewable sources such as solar, wind, small hydro, and other green energy sources.

The Climate Action Strategy calls creation of a renewable energy portfolio a critical strategy for meeting the goal — and that’s precisely what CleanPowerSF set out to achieve. Over the course of a decade, millions of dollars were invested and untold staff hours devoted to creating the program.

Yet at the direction of Roger Kim, the mayor’s senior advisor on the environment, the city’s Department of the Environment removed the Climate Action Strategy’s reference to CleanPowerSF before the document was released to the public. The Department of the Environment was also directed to remove reference to PG&E’s 100 percent Green Power Option, a program floated as an alternative to CleanPowerSF.

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In a Sept. 30 memo to Kim, obtained via a public records request, former Department of Environment Director Melanie Nutter wrote, “At the request of the Mayor’s Office, mention of PG&E’s 100% Green Power Option and SFPUC’s CleanPowerSF program were removed from the Energy Chapter and replaced with the overarching goal of 100% renewable electricity (pgs 16,17).”

Nutter recently stepped down as the director of the agency.

The timing of Nutter’s memo is significant. Just weeks earlier, the SFPUC — whose five-member governing board is appointed by the mayor — refused to approve a not-to-exceed rate that would have allowed CleanPowerSF to move forward as planned. Instead of expressing opposition to the rate itself, commissioners expressed their overall opposition to CleanPowerSF before voting it down.

Lee had criticized the cost and mechanisms of CleanPowerSF, without proposing an alternative (see “Power struggle,” 9/17/13). His real motivations for deleting these two strategies from the city’s Climate Action Strategy report remain unclear, but Lee has long supported PG&E, which stands to lose customers if CleanPowerSF is successful.

 

NO REAL ANSWER

Both CleanPowerSF and PG&E’s green option were held up as pathways toward a greener future in the Climate Action Strategy until the Mayor’s Office intervened, leaving no city mechanisms for most San Franciscans to choose renewable energy sources.

“PG&E’s proposed green option and CleanPowerSF could operate in parallel,” Nutter wrote in a memo drafted a couple years ago. “CleanPowerSF is likely to have a much greater environmental benefit due to the size of the customer base that would be served, the program’s objective to create a market for local renewable power, and the amount of greenhouse gas reductions achieved.”

So why then were both of these efforts eliminated from the report at the last minute, after being incorporated by experts in the field? Lee Communications Director Christine Falvey did not provide an answer to this specific Guardian question about the removal decision despite being asked several times.

When the Guardian asked Mayor Lee in March why CleanPowerSF was removed from the report, Lee responded, “I don’t think I have a real answer for that.”

Also unanswered is the question of how the city will meet its greenhouse gas emission reductions target. A quarter of the city’s greenhouse gas emissions derive from residential and commercial electricity, according to the Climate Action Strategy. 

pgE 

Electricity provided by PG&E is only 50 percent emission-free, with nuclear energy as the company’s most significant carbon-free power source. SFPUC projections have shown that CleanPowerSF could reduce citywide greenhouse gas emissions by 25 percent by 2030.

Another quarter of our emissions come from natural gas usage, and 40 percent of total emissions are belched into the air by automobiles. Lee wants to encourage more electric vehicles, but that won’t help much if they’re powered by a dirty power portfolio.

Whereas CleanPowerSF represented a carefully crafted plan for hitting these long-term targets, Lee’s most recent comments on how these important goals will be reached seem vague at best.

“I think we take all our deliberations on climate action seriously,” Lee told the Guardian in March, “and I do think that our focus now has been on energy efficiencies. We are also trying now to beef up the GoSolar program to be sure to catch whatever the state is willing to do, because Governor [Jerry] Brown has been trying to tap where there can be more examples of that.”

“The Mayor is open to exploring all avenues that might be available to achieve our energy goals,” Falvey told us. “In fact, it will take a variety of strategies working in concert to achieve them, including increasing the energy efficiency of buildings to reduce the total power load, developing in-city renewables, and options for increasing the provision of renewable power at a utility-scale.”

Those last two goals are precisely what CleanPowerSF would have done. Critics have decried Lee’s move as harmful and politically motivated. “What Mayor Lee has succeeded in doing is to rip the guts out of the new Climate Action Strategy,” John Rizzo wrote in a recent Sierra Club newsletter, “rendering it as meaningless as the missed greenhouse-gas reduction targets from 2012.”

 

LOOKING AHEAD

At the Board of Supervisors’ mayor question time in March, Sup. John Avalos asked Lee to direct the Department of Environment to return CleanPowerSF to the Climate Action Strategy and commit to launching the program in 2014.

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Lee answered that he could not, saying the program was too problematic and the SFPUC has too many infrastructure repair needs. The SFPUC has pulled its staff from the project to redirect that work into energy infrastructure improvements.

Some are still holding out hope that CleanPowerSF could move forward. San Francisco’s Local Agency Formation Commission is set to begin researching what CleanPowerSF “would look like and to address other concerns that the Mayor and SFPUC Commissioners have raised,” LAFCo’s Senior Program Officer Jason Fried said.

Proponents are also investigating ways to launch the program independently of the mayor and the SFPUC, by partnering with Marin County’s version of the program.

“There is talk about joining the Marin Joint Powers Authority,” Fried said, “but we will exhaust every option to run our own program. We want the PUC and mayor on board.”

While the mayor and the commissioners charged with overseeing the SFPUC seem content to let CleanPowerSF fade into memory, Avalos is not willing to let it go without a fight.

“We’re facing the greatest crisis for this city, and our government pulls back on how to achieve this,” Avalos said at a March 31 Board of Supervisors committee hearing on the Climate Action Strategy. “If we want to be a great city, it’s up to us to generate the political will to implement these strategies.”

Joe Fitzgerald Rodriguez contributed to this report.