Transportation

Here’s tax reform, Jerry

14

Everyone knows I’m a fan of taxing the rich and that I think most of the economic problems in our country have their roots in the growing inequality of the past few decades, so it should come as no surprise that I enjoyed the Cruickshank piece on Calitics. He’s got exactly the right idea: Tax reform that benefits the wealthy (or, in fact, tax reform that doesn’t force the wealthy to pay more) isn’t tax reform at all.


I was on a houseboat at Lake Shasta over the 4th of July, arguing with some very smart people about why the economy is so fucked up (yeah, for relaxation I go someplace beautiful — then sit around and talk about economic policy), and we covered a lot of ground. My friend the investment banker and corporate executive said that out-of-control CEO pay — and bonus payments for failure, and lack of corporate accountability — were a bit part of the problem. “If corporations succeed, then everyone — all the people who work there, at every level — ought to benefit,” he pointed out. True: In the early post-War era, labor union clout in major industries (automotive, for example) forced corporations to pay a decent middle-class wage — that is, to share the fruits of success with the workers. That’s all gone now. “Corporations don’t pay enough taxes,” my friend the corporate salesman said — and he’s right, too.


And all of us agreed that higher taxes won’t drive corporations out of the country or out of states or even out of cities; the actual numbers of businesses that pick and and move because of taxes (as opposed to labor-force issues, rents, land availablity, access to transportation etc.) is so minor it’s not even worth talking about.


But those are just pieces of the puzzle. Here’s what I always come back to: Over the past couple of decades, the size of the U.S. economy has doubled — and real wages have been essentially flat. All that new money has gone to the very, very top. Robert Reich explain this brilliantly in exactly two minutes — and I don’t care how busy you are, you have two minutes to watch this video.


That, really, is the root of everything, the reason we’re still in a recession, that people are losing their homes, that government debt is soaring … it’s all because this country, as a matter of public policy, has allowed the very, very rich to take almost all of our wealth. We have become a banana republic, a corporate kleptocracy, a place so badly managed that it we weren’t the United States, the news media would be reporting on our utter lack of economic democracy. And they’d be saying that the system is so unsustainable that one way or the other, it’s going to collapse.


Jerry Brown must know this. He’s not going to run for another term. There’s no excuse at all for not at least proposing a modest tax increase on the highest earners and the most profitable big businesses. Come on, guv: What are you waiting for?


 

Everybody loves parklets

20

The Chronicle’s urban design writer John King, consistently one of the paper’s best writers, today took a celebratory look at the parklets that have been springing up around town, calling them, “the most intriguing urban design innovation in today’s San Francisco.” I agree with that sentiment, and so does the crowd that showed up on Sunday to dedicate “the Deeplet,” the first such parklet in front of a residential property.

It was a collaboration between homeowner Amandeep “Deep” Jawa, his girlfriend Kimberly Conley, and designer Jane Martin, who King quotes in his piece (which only Chron subscribers and read until Sunday when it goes public). The idea is to take underutilized space from automobiles and give it back to people.

Livable City director Tom Radulovich also spoke at the event, talking about how the streets were traditionally the gathering and social spaces in cities, until transportation planners started to value the efficient movement and storage of automobiles over a more inclusive view of streets. But the parklets – along with temporary street seizures like the Sunday Streets events – are part of a movement back to a more holistic view of city spaces.

We at the Guardian have been sympathetically covering this trend for years, and it is notably one of the few areas of agreement that we’ve had with the Chronicle and former Mayor Gavin Newsom, whose administration cleared the way for the permitted creation of parklet. And on this beautiful summer day, agreeing on the importance of having places to lounge and to just be seems like a great starting point for more discussions on the future of this great city.

The Chron is clueless

8

The ol’ Chron commissioned its former reader representative, Dick Rogers, to do a piece on the Jose Antonio Vargas story, and he concludes that Vargas was a liar whose failure to turn himself in to immigration authorities (and thus accept deportation to a country he hardly knew) undermined his journalistic work. Rogers quotes editor Ward Bushee:


“While he deserves sympathy for his efforts to become a citizen, Vargas’ lack of forthrightness in some of his reporting cannot be defended,” Bushee said. “He practiced a pattern of deception that was not only dishonest, but disrespectful of his readers and fellow journalists at The Chronicle.”


Pardon me while I puke.


I’ve already written about Vargas and about former Chron editor Phil Bronstein’s (far more nuanced) handwringing over the situation. But the conclusions the Chron reached in the Rogers article are just bizarre and reflect a creaky, ancient attitude towards journalism that makes no sense in the modern world.


I called Rogers, who is a nice guy with a long history in journalism, and we had a long talk about the situation. I asked him what the young man should have done when he found out at 16 that his parents had sent him to the Unites States illegally. Rogers, to his credit, said he didn’t know, that it was a tricky moral and legal dilmemma. “But that’s not what I was asked to write about,” he said.


The issue for him: Vargas lied when he filled out his employment application and failed to disclose to his editors that he was in the country illegally. That damaged the Chronicle. “You can’t put yourself above your newspaper,” he told me.
Okay, once again: What should Vagas have done? What should a person who is forced by stupid and inconsistent federal laws to lie about his immigration status do if he wants to be a journalist? Well, Rogers said, that’s the dilemma: “I don’t think he should have been working in mainstream journalism.”


Of course, he’s have to lie to get a job as a lawyer, or doctor, or CPA. And all of those professions also have ethical codes that discourage lying. So perhaps he should have been a bricklayer.


To be fair, Rogers doesn’t go that far — he suggested that there were other types of journalism Vargas could have done. He could, for example, have worked for the Bay Guardian. (I wish.) After we talked for a while, Rogers said that if Vargas was going to work for the Chron, he should have recused himself from any stories involving immigration.


But let’s be real here: The Chron allowed a reporter who took money from a nativist group to keep writing about immigration. Bushee, who is so outraged about Vargas, has no problem allowing an (illegally) unregistered lobbyist who gets paid to advocate for wealthy interests in the city to write a political column without ever disclosing his clients or conflicts. (Rogers told me that was a legitimate point. “Conflicts are conflicts,” he said.)


And at the same time, the Chron fired a reporter who participated in an antiwar march and wouldn’t let a lesbian reporter cover same-sex marriage.


It’s inconsistent to the point of being silly.


Look: All of us have conflicts. As the great Larry Bensky once told me, “People who have no conflicts have no interests.” Can a person who drives a car write about transportation policy? Can a person who smokes pot write about medical marijuana (or should she tell her editor, sorry boss — I’m illegally ingesting a controlled substance at night, better fire me or report me to the cops because I can’t cover this story)? Can a person with children write about whether San Francisco is a good city to raise children? Can a person with kids in the public schools write about the school board? Can a divorced person cover a wedding? Can a person who had an affair write about a politician who’s caught fooling around? Can a person who drinks beer write about the city’s alcohol tax?


I mean, let’s not be ridiculous here.


Let me tell a perhaps hypothetical story. Suppose that, when I was working for a (socially conservative) daily newspaper in a (socially conservative) New England city in the mid-1970s, I had a colleague who was gay. And suppose she decided — correctly — that her career would be damaged (at that time, at that institution) if she was out of the closet. (For all I know, she was a criminal, too — I’m not sure when this particular state repealed its sodomy laws.) So suppose she lied — to her boss, to her coworkers, to everyone around. Did that mean she was a bad reporter? Not at all. My hypothethical friend did what she thought she had to do, at a time when the professional and political world she lived in was unwilling to accept who she was. (In fact, there were no laws back then about firing people because of their sexual orientation.) She hated it, we all hated it, and we worked to change things. But I’m not going to condemn her — or call into question the credibility of her work — because of it.


(By the way: I lied, too. I told my boss at this particular institution that I didn’t smoke marijuana. It was a job requirement. I wanted the job. I was a lawbreaker, and I still covered the cops. In fact, I wrote about pot busts. Thank god they didn’t test my pee.)


Let’s face it: Everyone at the Chron, and at every daily newspaper, has personal issues that prevents him or her from being completely objective. Jose Antonia Vargas was no different. The fact that the United States government forced him to lie is no grounds for saying he couldn’t be, and isn’t, a good, honest reporter.
 

One Hundred Days of Spring: As Mid-Market talks, two organizers do

1

All photos by Stephen Heraldo

Just beyond the scope of the perpetual debate of revitalizing Mid-Market — defined as the stretch from Fifth Street to Van Ness Avenue — an extraordinary project is quietly closing its doors on an oblique, no-man’s-land corner of Market near Franklin. There, for one hundred days and nights, an empty glass storefront opened up to spill a swath of light and music onto the cigarette-studded sidewalk — without funding, a business model, or (as founders Will Greene and Sam Haynor are the first to say) much of anything else.

“Ask us our mission statement,” One Hundred Days of Spring organizer Haynor challenges.

“We don’t have one,” Greene, his creative partner, cuts in.

“Well, yes we do,” says Haynor.

“Yeah, that not doing it seemed like a cop-out,” the pair concludes.

“It” was creating more than three months of free and donation-based events, classes, and recorded stories representing a variegated slice of the local population: hipster kids in art collectives, professionals on their Market Street commutes, and low income neighborhood residents, including many who bed down each night on the block.

As part of Central Market Partnership’s ongoing efforts to inject arts and culture into revitalization plans for mid-Market, the San Francisco Office of Economic and Workforce Development is joining with the Arts Commission to hold a series of focus groups exploring ways to engage artists, small businesses and cultural organizations in the making of a thriving creative district.

Five focus groups have already met, according to OEWD’s Jordan Klein, and over the coming weeks, more gatherings — of community residents, transportation advocates, historical preservation advocates, and nonprofit leaders — will provide insight for the Central Market Economic Strategy, to be released in the late summer or early fall.

One Hundred Days of Spring wasn’t on the agenda of any of these meetings. A former boutique clothing store sandwiched between SROs and auto body shops on a strip shadowed by the sheer, block-long face of a Honda dealership, the space’s previous tenants didn’t last long. But transformed into a gypsy-tent-circus-wagon-theater-gallery-cum-classroom, the storefront, reborn as the Schoolhouse, rooted itself in the neighborhood in just a few months.

The hundred days are now over. But if the packed closing ceremony was any indication, Haynor and Greene’s model is one that the community is keen to reproduce. Mark Singer, a research librarian and freelance writer who found the project in what the two founders call the “analog way” — by stumbling across the threshold — told supporters, “I challenge everyone in this room to replicate what we’ve seen here, seen in the last hundred days.”

“The ultimate goal,” Haynor said, “is not only to share and to educate, but at the end of one hundred days, to have created one hundred new ideas for people to carry out into the world.”

 

Nothing to it

One Hundred Days of Spring was an experiment in community-supported programming. Rather than relying on or waiting for grant money, Haynor and Greene hoped to show that a community space can be self-sustaining — for the benefit of those who can contribute more and those who must contribute less.

“San Francisco is grant rich,” Haynor explains, “but it’s also full of people waiting for grants. They have a bunch of awesome ideas, but by the time the grant cycle comes around, the initial spark is gone. For us, going after a grant would just eat up time, and we wouldn’t end up doing what we wanted.”

Instead, the two 25-year-olds pooled their savings and paid $2,000 a month for rent from March to June, $200 for utilities, plus a few hundred extra for renovations and insurance. Within three weeks of the initial idea, they had moved into the space and populated a calendar of events through friends, friends of friends, and tools like SF Chalkboard. They were running full tilt by day six. 

In just over three months, the team offered more than 250 classes, shows, and tutorials — sometimes five in a day — covering everything from truffle-making and fermentation to bike repairs, aerial silks, and open mics. By collecting donations on a pay-what-you-can basis, Haynor and Greene were able to recover a large portion of their initial output, and also garner an extra $4,000 to reinvest into the project.

Greene on the value of 100 days of events: “If you try to put a value on what we have now, that we didn’t have then, you couldn’t buy it for $4,000.”

Though the Schoolhouse founders ended up $4,000 short, Greene says they “could have broken even” if they had focused more on the project’s revenue-generating components, like filming videos for musicians who performed in the space.

Even so, for Greene the worth of One Hundred Days of Spring was indisputable. “If you try to put a value on what we have now, that we didn’t have then, you couldn’t buy it for $4,000,” he says.

When Judy Nemzoff, community arts and education program director for the Arts Commission, stopped by the Schoolhouse and asked how Haynor and Greene did what they did, the two replied, “Well, we just signed a lease.”

 

It takes two

Inside the Schoolhouse, the laid-back attitude seemed to likewise shrug “nothing to it but to do it.” But the warm, easy atmosphere belied the late nights and hard work it took to get ‘er done.

Understanding how One Hundred Days of Spring came to be — and why it worked so well — means understanding a bit about its creators

Greene and Haynor, hanging at the Schoolhouse

Haynor and Greene have the kind of friendship people make movies about. Besides the sort-of charming things like finishing each other’s sentences and bragging about accomplishments each knows the other would never mention for himself, there’s the sense that somehow, these two unassuming fellows are going to change the world.

“We’re a good balance,” Greene says. With the air of someone showing how two-plus-two equals four, he explains, “Sam’s a bit spastic, and I can plunge a toilet.”

“We have different skill sets, but we share goals,” he continues. “We keep each other in check. We’re both very often wrong, but we’re rarely both wrong at the same time.”

Coco Spencer, who joined One Hundred Days of Spring as an intern partway through and become an indispensible team member, says she was willing to dedicate so many hours to the Schoolhouse because, “Basically, Sam and Will are the most inspiring people I’ve ever met.”

Haynor and Greene were campers and later counselors together at the Bar 717 Ranch in Trinity County. There, they found each other, and also a passion for teaching — or, as they put it, “helping people to be good versions of themselves.”

Though each has traveled and embarked on sundry individual projects — Greene as a musician and videographer, Haynor as a chess champion and conflict-area journalist — they continue to connect over their drive to educate in unique new ways.

 

Bathroom, beats, and big ideas

At the Schoolhouse, that meant engaging community members through a service-based approach. “Our main goal is to provide resources to people who need resources,” Greene says. “We’re not interested in providing resources to people who have resources.”

Given the diversity of The Schoolhouse’s participants, “resources” could mean different things.

Haynor explains, “For some people, we’re a bathroom. For some we’re a place to stop in and say ‘hi.’ For some, we’re a place to do events.”

“We’re successful because we’re always doing something fun, and everyone feels invited,” Greene says. “It’s the loose nature of our project. There’s no doorman, no guy with a cash box.”

There were challenges (“Sam’s been trying to put together homeless poetry readings, but he’s scheduled them for the first of the month. That’s when everyone gets their checks, so everyone gets drunk,” Greene says at one point), but there were also many moments — like when a woman from the block walked up and started giving Haynor a massage, or when Greene calmly negotiated with a rowdy, intoxicated visitor, encouraging her to pipe down and eventually leave — that pointed to a deft interface with the surrounding community.

“They respect our storefront more than they do the others,” Greene says. Some locals worked shifts at the Schoolhouse in return for resources. Others stopped in for music, for food and nutrition classes, or to look at the art. Some simply came by to talk about living in the area.

During an “Un-Talent Show”, a performer named SofT humorously described a street-dweller’s perpetual problem: carrying belongings. He showed an in-stitches audience how to bundle objects in an old sweater — a wholly relatable rap on wrapping. Another visit came from Benny, one of SF’s famous itinerant tamale sellers, who lives in an SRO across the street and makes what partakers described as “possibly the world’s best tamales” across town in his girlfriend’s kitchen.

Haynor describes a woman who walked into a sewing workshop — run by SF Social Fabric, a volunteer-staffed bike maintenance and sewing skills collective — with “some trepidation.”

“She was in a room with a bunch of people who were nothing like her,” he says, “but we got to know each other over the fact that we all wear clothes. And they all fall apart.”

Neighborhood connections at the Schoolhouse

“There’s a duality to this corner,” Haynor says. “From doctors to the people who live on the block to all the people in the middle who travel Market Street. Before us, some wouldn’t even cross the street.”

“At our best,” he continues, “we’re a place people from another demographic can discover the old-fashioned way — with their eyes and their feet. They cross the threshold, ask what we’re doing, decide to stay, and learn something. Now, I can’t go five minutes without seeing someone I know, or someone who I recognize, or someone who just popped in.”

Singer, a perfect example of the phenomenon, started stopping by between two and five times a week after his initial discovery. He framed the project’s importance in simpler terms: “This is where we need these things to happen. Where it smells like urine on a hot day.”


Let’s put on a show!

Singer believes that projects like the Schoolhouse can “transform parts of San Francisco” by providing services that are more than “just artists and gallery-talk.” The Schoolhouse, he says, “was something visceral.”

“One Hundred Days of Spring created an infinite possibility for community that can’t be replicated on a screen or keyboard. We’re not talking Internet cafés with white earbuds, but humans breathing in the same space — collaborating, communicating in one room, and that room changing every darn day.”

Indeed, the walls of the Schoolhouse were repainted so many times over the course of the hundred days — with layers of murals, street art, installations, white space for projecting films — that Spencer, who took charge of many of the events’ logistics, joked she was hoping to reduce the interior square footage, and thus, the rent.

The zealous energy required to transform the space again and again was reminiscent — Singer pointed out — of Babes-in-Arms-era Mickey Rooney and Judy Garland exclaiming Hey, kids! Let’s put on a show in this old barn! That down-home, DIY energy may be just what efforts like the Mid-Market revitalization require.

Greene, who attended one of the Central Market Partnership’s focus groups, says the consensus was that knowledge about and access to space were the biggest obstacles to creating and executing programs of any kind.

“People are looking for answers,” he says, “looking for some larger entity to hand them space, or looking tax breaks. There’s the feeling that you can’t just do what you want to do.”

“Rather than saying ‘if you give us space, we’ll fill it with beautiful things,’ you can say ‘I’m just going to do it.’ If you’re willing to make it happen, if you work really hard, if you work with the people you’re trying to reach, then you don’t have to worry about anything else.”

Despite the waiting, wanting, hoping attitudes Greene says he encountered, he points out that plenty of others are “just doing it.” The Schoolhouse helped along a few such visionaries by sponsoring two “Grant Prix Dinners.” During the informal roundtables, entrepreneurs presented project ideas between courses. Participants paid a fee for dinner and a ballot on which to elect their favorite projects – to whom the entry frees were turned over as seed money at the end of the night. 

 

Bringing together the neighborhood

At times, especially in San Francisco and other urban areas where real estate is costly, amping up a neighborhood’s arts and cultural amenities has acted as a roundabout measure to invite the type of gentrification that sweeps streets clean. That kind of programming is not intended to serve current residents so much as to usher in new ones. 

By contrast, the Schoolhouse made a conscious decision to serve the neighborhood’s existing population — with safer-feeling streets resulting, and much more quickly, at that. 

One Hundred Days of Spring was a bold, direct move to engage the local community. As such, it was highly effective not only at providing needed resources, but at tempering the less-desirable qualities of the neighborhood by creating a sense of community and responsibility among residents and passers-through.

“Coming out of Muni, walking home on Market Street,” Singer had said, “can frankly be pretty scary. There’s substance abuse, drug deals, and people who may or may not be harmless.” The Schoolhouse, he said, helped diffuse that lack of ownership and feeling of “anything goes.” For Singer – and Schoolhouse denizens of all backgrounds — the space managed to help tie a few new knots. 

“The Schoolhouse brought me closer to a world that’s very marginal,” Singer said. “the homeless world.”

Whether or not Mid-Market planners will look to the Schoolhouse for a lesson in effective community building, the project’s two masterminds have undoubtedly developed a model they can draw on in the future.

Haynor and Greene plan to continue working together on community education projects. With One Hundred Days of Spring under their belts, they will be able to approach supporters “not just with an idea, but with a proven concept.”

“We are both in this together to see what we’re both capable of,” Haynor said. “To see if we’re any good at this thing.”

In the style of banter so typical of the pair, Greene added, “So we can figure out the rest of what we’re going to do with our whole darn lives.”

 

Beyond the Ford severance scandal

0

Supervisor John Avalos and state Senator Leland Yee, who are both running for mayor, picked up on a populist issue last week, blasting away at Muni for paying outgoing chief Nathaniel Ford a whopping $384,000 severance. “With $384,000,” Yee’s website lamented, “the entire city of San Francisco could park free of charge for three days. Muni could be entirely free for a whole day. We could stripe seven miles of new bike lanes.”

In reality $384,000 is a fraction of Muni’s budget — less than half of 1 percent. And it’s a trivial amount compared to what CEOs get in the private sector — Peter Darbee, whose firm killed eight people and wiped out a neighborhood, walked away with $35 million when he left Pacific Gas and Electric Co. in disgrace.

But this is exactly the sort of deal that infuriates the public. When the cost of parking meters and tickets keep rising, and Muni’s on-time performance lags, why is the guy in charge, who’s leaving in part because he isn’t doing the job, getting such a nice golden parachute, courtesy of the taxpayers?

In the end, there’s not a lot Yee or Avalos can do about it. For one thing, the decision was made not by the supervisors but by the San Francisco Municipal Transportation Agency. Beyond that, SFMTA had only limited choices — Ford has an employment contract. And it’s hard to fire someone in the middle of a term of contracted employment without buying out at least part of the deal.

That’s the larger issue here, one that the mayoral candidates ought to be talking about. Why does the head of Muni get a special employment contract? The heads of the Police Department and Fire Department don’t get one. In fact, most department heads don’t get contracts specifying a term of office and including severance pay.

Those contracts can be expensive — Susan Leal got $400,000 when she was dismissed as head of the SF Public Utilities Commission. Arlene Ackerman got $375,000 when she left the San Francisco Unified School District.

No rank-and-file city employees get severance if they’re fired for cause (or if they negotiate a resignation to avoid disciplinary action). City department heads shouldn’t either.

We understand why school superintendents and Muni managers want those sorts of deals: If you work for a political agency, there’s always a chance that the people who hired you will be gone at some point and you’ll be working for people with different visions and political positions. But none of these department heads are paupers — they’re well paid, and, like anyone who takes a management job, they know that their job security depends on performance.

It’s akin, in a much more limited way, to what’s been happening in the private sector, where the top people get compensation that vastly exceeds what even the people immediately below them get. Muni’s assistant general managers don’t get employment contracts with golden parachutes.

San Francisco needs a city policy on special employment contracts — and rules barring excessive severance pay for management-level employees. The supervisors ought to ask the budget analyst for a report on which city employees have contracts, what they call for, and how they compare to what similar-level employees without contracts are paid. There should be hearing on this and legislation that clears up what is now an expensive — and disheartening — hodgepodge of private deals.

 

Some families don’t flee San Francisco

19

I hate to admit, I take this a little bit personally, all this stuff about how families are fleeing San Francisco and how it might be better to live in Omaha or Louisville. Cuz I have a family and we aren’t leaving. And neither are my friends and neighbors. There are plenty of us who think that San Francisco is a great place to raise kids.


Some of the stories in the recent Chron article are laughably unrepresentative:


For Kearsley Higgins, raising a baby in San Francisco was idyllic. She and her husband owned a small two-bedroom house in the Castro, she found plenty of activities for her daughter, Maya, and made friends through an 11-member mothers’ group.


Now as the mother of an almost 4-year-old, with a baby boy due in September, Higgins has left. A year ago, she and her husband, a digital artist, bought a four-bedroom home with a large backyard in San Rafael. Maya easily got into a popular preschool and will be enrolled in a good public elementary school when the time comes.


Nice: One-income family buys a four-bedroom home in Marin. I’m afraid that’s not the market most of us are in.


The statistics are real:


New census figures show that despite an intense focus by city and public school officials to curb family flight, San Francisco last year had 5,278 fewer kids than it did in 2000.


The city actually has 3,000 more children under 5 than it did 10 years ago, but has lost more than 8,000 kids older than 5.


But the reasons have a lot more to do with the cost of housing than with anything else. The lack of affordable housing for families — and frankly, none of the new market-rate condos the city is allowing offer much of anything to people with kids — drives people to the cheaper suburbs. And in this economy, it’s not as if they just quit their jobs. No: They commute, long distances — and when you have kids, it’s hard to rely on marginal public transportation. What happens if you’re at work in SF and your kid gets really sick at school in Brentwood? Are you going to spend all afternoon trying to get there on BART and buses? No — you’re hopping in the car, by yourself, and driving 80 miles an hour to the school site.


Which means that building dense, expensive, small condos in San Francisco is the opposite of sustainable planning or green building. Sustainable planning means preserving existing affordable family housing and building housing for the San Francisco workforce. San Francisco is doing none of that. Density isn’t smart growth if the housing doesn’t work for people who work in the city. It’s dumb growth.


End of rant.


What I started off to say was that some of us are very happy living in the city. I’m more than happy with our public schools (McKinley and Aptos so far). I really like the idea that my son can get home from school by himself, on Muni — and can go to his martial arts class on Muni, and can walk to music lessons and bike to the park, and when he’s 16 we won’t even have to talk about a car. I love the fact that my kids are growing up with people who are very different from them — and that ethnicity, socioeconomic status, religion, sexual orientation and all the other things that were such a big deal when we were growing up are utterly irrelevant in their circles. They have friends who come from two-dad families, two-mom families, single-parent families, single grandparent families, rich families, poor families, black familes, Asian families, Latino families, families where the parents speak no English … it’s all a big Whatever. It’s San Francisco.


The city is full of cool, fun stuff to do. It’s full of fascinating people and neighborhoods. My kids experience stuff every day that the suburban folks with their big back yards won’t see in a lifetime. It’s not all positive — we see homeless people on the streets, and we give them money and talk about why people are homeless. But it’s real and it’s life and I’m not taking my family and running away.


So there.      




 

Editorial: Beyond the Ford severance scandal

4

Supervisor John Avalos and state Senator Leland Yee, who are both running for mayor, picked up on a populist issue last week, blasting away at Muni for paying outgoing chief Nathaniel Ford a whopping $384,000 severance. “With $384,000,” Yee’s website lamented, “the entire city of San Francisco could park free of charge for three days. Muni could be entirely free for a whole day. We could stripe seven miles of new bike lanes.”

In reality $384,000 is a fraction of Muni’s budget — less than half of 1 percent. And it’s a trivial amount compared to what CEOs get in the private sector — Peter Darbee, whose firm killed eight people and wiped out a neighborhood, walked away with $35 million when he left Pacific Gas and Electric Co. in disgrace.

But this is exactly the sort of deal that infuriates the public. When the cost of parking meters and tickets keep rising, and Muni’s on-time performance lags, why is the guy in charge, who’s leaving in part because he isn’t doing the job, getting such a nice golden parachute, courtesy of the taxpayers?

In the end, there’s not a lot Yee or Avalos can do about it. For one thing, the decision was made not by the supervisors but by the San Francisco Municipal Transportation Agency. Beyond that, SFMTA had only limited choices — Ford has an employment contract. And it’s hard to fire someone in the middle of a term of contracted employment without buying out at least part of the deal.

That’s the larger issue here, one that the mayoral candidates ought to be talking about. Why does the head of Muni get a special employment contract? The heads of the Police Department and Fire Department don’t get one. In fact, most department heads don’t get contracts specifying a term of office and including severance pay.

Those contracts can be expensive — Susan Leal got $400,000 when she was dismissed as head of the SF Public Utilities Commission. Arlene Ackerman got $375,000 when she left the San Francisco Unified School District.

No rank-and-file city employees get severance if they’re fired for cause (or if they negotiate a resignation to avoid disciplinary action). City department heads shouldn’t either.

We understand why school superintendents and Muni managers want those sorts of deals: If you work for a political agency, there’s always a chance that the people who hired you will be gone at some point and you’ll be working for people with different visions and political positions. But none of these department heads are paupers — they’re well paid, and, like anyone who takes a management job, they know that their job security depends on performance.

It’s akin, in a much more limited way, to what’s been happening in the private sector, where the top people get compensation that vastly exceeds what even the people immediately below them get. Muni’s assistant general managers don’t get employment contracts with golden parachutes.

San Francisco needs a city policy on special employment contracts — and rules barring excessive severance pay for management-level employees. The supervisors ought to ask the budget analyst for a report on which city employees have contracts, what they call for, and how they compare to what similar-level employees without contracts are paid. There should be hearing on this and legislation that clears up what is now an expensive — and disheartening — hodgepodge of private deals.

 

Two bike photo projects show love for the movement

0

We’re in a moment of bike love. Bikes are hot: in SF the weather’s hot, the Bicycle Music Festival‘s coming up, an extended network of bike paths is on their way – and around the world, there’s a lot of energy surrounding the rise of two-wheeled transport. It’s an important time for bicycles, so let look at how it’s being documented. 

One way: Matthew Finkle and Brittain Sullivan are the authors of a book called – yes – I Love My Bike (Chronicle Books, $16.95, 160 pages) that recently landed in our Guardian mailbox. Finkle and Sullivan, the book’s intro tells me, met on a bike ride on a summer night in Boston and subsquently pedaled across the country with each other, snapping flicks of their bikey buddies along the way.

Theirs is a photo book of bikes and their riders, smattered with terse little quotes from all the pretty things (“when I get pissed off I build gold bikes!” the handlebar-mustachioed, booze-toting Erik Noren of Minneapolis’ Peacock Groove Cycles enigmatically proclaims). America’s lookin’ real good on our bikes, according to I Love My Bike — everyone’s got a bicycle fit to induce heavy breathing among the so-inclined.

I have to admit, I started getting a little hot and bothered over some of the (bike!) specimens – there’s a yellow banana seat cruiser on page 109 for which I die, and I know that according to the bike snob gods I’m not supposed to like those five spoked plastic fixie rims anymore, but Daniel Mueller of Boston’s pink and powder blue creation… I don’t care, want.  

I Love My Bike: Wall to wall wheel walls 

When I shut I Love My Bike, I did so with the impression that the US is a solid mass of trendy, creative (mainly) young people — on bikes. I like those kinds of people – some might say that I am one myself. The book, presented as an aspirational showcase of hipster and high performance bike fashion, works just fine. 

But Finkle and Sullivan need to holler at whoever’s writing their back cover blurb. “Throughout their travels they met cyclists of all kinds…,” it rather hyperbolically shouts. Or maybe they met cyclists of all kinds, but they didn’t publish any photos of them – I’m didn’t see any families in there, and certainly no one with a junker bike that isn’t a hard-to-find, check-my-steez brand of junker. This is a book of bikers that are just a few freeways from having a big ass social ride to a BBQ of local, organic edibles in a park somewhere.

I think that people who bike are more complex than that — in a good way. For a different take on a bike photography project, head south. And east. Really far in both of those directions. 

There you will find South Africa’s Bicycle Portraits, a photo series that was started by Nic Grobler and Stan Engelbrecht to highlight the brave, self-propelled souls on roads where cars aren’t always the friendliest neighbors for meat puppets (to borrow a favorite term from David Byrne’s Bicycle Diaries). You’re not getting the idea that everyone depicted in Bicycle Portraits is a brother from a different mother — but you are getting the feeling that the biking movement is moving away from the “ain’t it cool?” model of awareness-building to the “ain’t it necessary?” school of thought. 

You can’t scroll through Grobler and Engelbrecht’s website without realizing that biking in South Africa may well be a lifestyle, but it’s not a single lifestyle — people aren’t just riding bikes because it’s fun, hip, or social, but because it’s the mode of transportation that makes the most sense for them. Bicycle Portraits purposefully paints a country of bikers as a diverse, important group of citizenry.

Rich people, poor people, old people, kiddos. Ashton May’s black township cruiser, Loza Philani’s well-ridden Raleigh (“my bike is like oxygen to me – it keeps me alive,” he says), and Brandon Searle’s high tech Durban Cannondale. The two also collected in-depth interviews with each subject to help explain how bikes figured in each of the lives they documented.

After two successful Kickstarter campaigns, the Bicycle Portraits team is now accepting pre-orders for what is sure to be a phenomenal book. (Swoop.)

In a land such as our own when bike riding all too often is stereotyped as the domain of flippant and sullen (does that work?) trendoids who refuse to “mature” into taking crowded public transportation and gas-guzzling automobiles, projects like Bicycle Portraits seem incredibly important. If we have proof in front of our eyes that bikes are helping people lead lives that help the planet, city governments are way more likely to invest in bike systems, parents are more likely to encourage their wee ones to take to two wheels, and people who don’t fit the hipster stereotype are more likely to pedal off into the sunset. Fashion is fun, but fashion alone can’t influence urban planning. 

We do the movement a disservice if we paint ourselves as the sole face of biking in today’s cities – but of course, the diehard dandies among us are always going to Love our bikes. Damn Carolyn Ngo of San Diego, where’d you get that metallic blue handlebar tape?

 

Ford says goodbye at Golden Wheel Awards

2

Just hours after being asked to leave the San Francisco Municipal Transportation Agency, director Nat Ford was at the San Francisco Bicycle Coalition’s annual Golden Wheels Awards accepting an award for the MTA’s Livable Streets Team. But that potentially awkward moment was eased by the universal political support for making the streets of San Francisco safer and more inviting for pedestrians and bicyclists.

Coming from car-centric Atlanta in 2006, Ford admitted he was an unlikely champion of turning San Francisco into one of the country’s best cities for biking. But he said the SFBC was “very persistent and worked with us.” While the bike injunction hurt progress, Ford said the support of SFBC and city officials allowed the agency to beef up the program from just a couple of staffers to “a dozen of the best bike planning and engineering folks in this country.”

“It was great working with all of you to get the MTA where it is today in terms of biking,” Ford told the capacity crowd in the War Memorial Building’s second floor event space, where the balcony overlooked City Hall and a sea of hundreds of bikes parked on the sidewalk out front.

Mayor Ed Lee spoke next, pledging to continue the progress and telling the crowd, “I want to give my very special thanks to Nat Ford for his five years of very dedicated service.”

Both Ford and MTA members told the Guardian that the split was a “mutual decision.” Ford told us, “Now’s a good time to go,” and that he’s still figuring out his next move. MTA board chair Tom Nolan told us, “It’s something we arrived at together. It’s good for his family and him.”

Indeed, it seems very good for Ford. The board approved a $385,000 severance package to go with its request that he resign before his contract expires, a payout that is drawing some criticism. “I am deeply disappointed that MTA would approve a nearly $400,000 golden parachute for an outgoing city executive. At a time when our budget is cutting critical social services for our kids and the most vulnerable in our city, we can ill-afford to be paying excessive payouts to administrators who are no longer working for the public. I have fought these exorbitant sweetheart deals at UC and CSU, and as mayor I will reform these practices,” Sen. Leland Yee, a candidate for mayor, said in a prepared statement.

Nolan says it’s time to restore the agency. “I’ve talked about wanting to restart what we do,” he told us. While Ford’s reported job hunting was one reason for the split, Nolan also alluded to mismanagement of the agency and the mistrust of its administration by Transport Workers Union Local 250A and other employees.

“We clearly have a problem when the drivers turn down a contract two-to-one,” Nolan said of the union’s rejection of its latest contract, which has since been approved by an outside arbitrator. “We can do a lot better.”

But the Ford saga was just a sideshow during an evening devoted to celebrating the improvements to the city’s bicycle network and selling the SFBC’s vision of what’s next, which it calls “Connecting the City.” The plan calls for three, green, separated bikeways (like those now on a stretch of Market Street) bisecting the city by 2015 (with the first Bay To Beach route done by next year) and a fully connected network of 100 miles of bikeways by 2020.

“Safe, comfortable, crosstown bikeways for everyone,” was how MTA Commissioner Cheryl Brinkman put it in slick video that the SFBC premiered at the event to promote the plan.

SFBC Director Leah Shahum told the crowd the idea is to connect and promote the city’s various neighborhoods and encourage “regular San Franciscans” to take more frequent trips by bike. “Seven in 10 of us, that’s how many people are already riding a bike,” she said, citing a survey of how many city residents own or have access to bikes. “We’re developing a vision where people are connected by safe, family-friendly bikeways.”

Shahum praised how engaged Mayor Lee has been with the plan and the need to improve the city’s cycling infrastructure. “Let me tell you how impressed I am with the level of involvement from Room 200,” she said.

Lee pledged to make cycling safer on dangerous sections of Oak and Fell streets that connect the Panhandle with the Lower Haight – sections Shahum took Lee on during Bike to Work Day this year – and to complete a new green bike lane on JFK Drive this year.

“We can get a lot of the goals of the Bicycle Coalition done together. We need your help in November,” Lee told the crowd, calling for them to support a street improvement bond measure on the fall ballot. He said the bicycling community has made the streets more fun and inviting, telling the crowd that at this weekend’s Conference of Mayors, he is “going to brag about our bike lanes and our way of living.”

CPMC’s stunning arrogance

0

The San Francisco City Planning Commission hearing June 9 on California Pacific Medical Center’s expansion plans was remarkable — both in the comments that the commissioners had and in the mind-boggling arrogance of the giant hospital chain.

CPMC wants to build a massive new hospital and medical office building on Van Ness Avenue and rebuild St. Luke’s Hospital in the Mission. The plans aren’t even close to complying with city planning codes — the Sutter Health affiliate will need city approval to exceed height limits on Van Ness (by more than 100 feet); a modification of the housing construction requirement for new offices; permission to demolish existing housing units; permission to take over a part of San Jose Avenue — and a lot more. In other words, CPMC is asking a lot from the city.

And since this nonprofit controls four major hospitals in the city, its future development decisions need to be considered in the context of San Francisco’s overall health care needs.

It’s entirely reasonable that the city ask CPMC for a development agreement that provides benefits to city residents. Mayor Ed Lee has made it clear that the approval of this project will depend on whether CPMC can address affordable housing, healthcare access for low-income people, a secure future for St. Luke’s, workforce development, and transportation impacts. Lee’s proposals are more than reasonable: he’s asking that CPMC pay the standard fee for affordable housing required of any major commercial developer; increase its level of charity care (now an abysmal 0.99 percent) to the average of other regional hospitals (2.3 percent); increase its Medical acceptance rate; and maintain St. Luke’s as an acute care facility with an emergency room. Union nurses are asking that Sutter deal with them in good faith.

But Dr. Warren Browner, CEO of CPMC, showed little interest in working with the city. The demands are way too high, he told the commissioners, insisting that it was unreasonable to ask the hospital to contribute that much to affordable housing. He acted as if CMPC was somehow entitled to move forward — at its own proposed schedule — and that all of these city demands were nonsense.

That’s not going to work.

A clear majority of the commissioners got the point. As Ron Miguel pointed out, Sutter is a nonprofit — and its tax-exempt status mandates a certain level of social responsibility. Every big commercial developer has to pay for housing and transit impacts. Gwyneth Borden and Bill Sugaya noted that hospital officials knew full well what the planning rules were when they bought the Van Ness site.

This is a $2.5 billion project. Community benefits need to be a significant part of the final plan. If anything, Lee’s proposals are too limited (Sutter should agree to protect St. Luke’s for 50 years, not 20). The planning commissioners should stick to their positions — this project is out of control, and if Browner wants to see it built, he needs to come back with a new set of numbers, and a new attitude.

Play the game, preserve the wetlands for your grandkids

0

Things we like: halting environmentally harmful development projects, healthy waterways, online timesucks, and free booze. So Save The Bay, thanks bunches for your new fundraising Internet game — but in the future, thanksmuch for staying out of our heads, regardless of the potential benefits of whatever mind reading technology you’ve got your benevolent little mitts on.

At the risk of revealing the pathway to our sasstivist hearts, meet Battle for the Bay. It’s Save The Bay’s newest gizmo, giving water-loving point-and-clickers the chance to journey from the 1960s (when the bay advocacy group was founded) to present day times, all the while besting historically accurate environmental menaces to our local lands, from David Rockefeller’s 1970s bid to level the San Bruno Mountains and create a Manhattanized version of the San Mateo County shoreline, to the Costco Busan spill, to Cargill’s current ploy to transform 1,436 acres of Redwood City salt ponds to suit its freaky agribusiness needs. (Coincidentally, Save The Bay is not in favor of this plan.)

You’ll never get your stubby fingers on Bair Island, 1980s Mobil man! 

And it’s not just an opportunity to crusade against cartoonized powers that be! Trivia questions give you a chance to brush up on your ephemeral wisdom of the Bay Area (from brothel main drags to historical transportation lines), and there are prizes: the Bay city with the most players will win a free happy hour at a watering hole in their ‘hood. 

Genius. “We worked with Free Range Studios to design the game,” says Cara Longpre, online communications manager at Save the Bay. “We heart them.” (You’ll heart them too after watching The Meatrix, the company’s viral video hit from 2003). 

Other people Longpre hearts: George A. Miller and Janet McKinley, two longtime Save The Bay members who’ve agreed to front up to $10,000 in $1 increments each time you (you!) click over to the site to defeat the evil Pete Wilson beast. 

So quick, go! We’ve already lost 90 percent of our tidal marsh to development. And we want our free happy hour, dammit. Longpre told us not to count our chickens before we hatch on that one, but hey, we know some people in the media. 

 

Editorial: CPMC’s stunning arrogance

3

The San Francisco City Planning Commission hearing June 9 on California Pacific Medical Center’s expansion plans was remarkable — both in the comments that the commissioners had and in the mind-boggling arrogance of the giant hospital chain.

CPMC wants to build a massive new hospital and medical office building on Van Ness Avenue and rebuild St. Luke’s Hospital in the Mission. The plans aren’t even close to complying with city planning codes — the Sutter Health affiliate will need city approval to exceed height limits on Van Ness (by more than 100 feet); a modification of the housing construction requirement for new offices; permission to demolish existing housing units; permission to take over a part of San Jose Avenue — and a lot more. In other words, CPMC is asking a lot from the city.

And since this nonprofit controls four major hospitals in the city, its future development decisions need to be considered in the context of San Francisco’s overall health care needs.

It’s entirely reasonable that the city ask CPMC for a development agreement that provides benefits to city residents. Mayor Ed Lee has made it clear that the approval of this project will depend on whether CPMC can address affordable housing, healthcare access for low-income people, a secure future for St. Luke’s, workforce development, and transportation impacts. Lee’s proposals are more than reasonable: he’s asking that CPMC pay the standard fee for affordable housing required of any major commercial developer; increase its level of charity care (now an abysmal 0.99 percent) to the average of other regional hospitals (2.3 percent); increase its Medical acceptance rate; and maintain St. Luke’s as an acute care facility with an emergency room. Union nurses are asking that Sutter deal with them in good faith.

But Dr. Warren Browner, CEO of CPMC, showed little interest in working with the city. The demands are way too high, he told the commissioners, insisting that it was unreasonable to ask the hospital to contribute that much to affordable housing. He acted as if CMPC was somehow entitled to move forward — at its own proposed schedule — and that all of these city demands were nonsense.

That’s not going to work.

A clear majority of the commissioners got the point. As Ron Miguel pointed out, Sutter is a nonprofit — and its tax-exempt status mandates a certain level of social responsibility. Every big commercial developer has to pay for housing and transit impacts. Gwyneth Borden and Bill Sugaya noted that hospital officials knew full well what the planning rules were when they bought the Van Ness site.

This is a $2.5 billion project. Community benefits need to be a significant part of the final plan. If anything, Lee’s proposals are too limited (Sutter should agree to protect St. Luke’s for 50 years, not 20). The planning commissioners should stick to their positions — this project is out of control, and if Browner wants to see it built, he needs to come back with a new set of numbers, and a new attitude.

 

Alameda all at once

0

caitlin@sfbg.com

BAR CRAWLER Rumored to have given birth to the snow cone, the Popsicle, and the Kewpie doll back in its amusement park days, Alameda still gives off a summery island vibe. (With Playland at the Beach, Oakland’s Idora Park, and Alameda’s Neptune Beach, the primary mode of transportation in the Bay used to be a Big Dipper. Picture rush hour.) The golden sun, rad flea market, and laid-back neighborhoods — well, the place screams “stay a while.” So you may as well get drunk. FYI, the flatlands crawl works best on a bike, but if you soldier up and walk it, you don’t risk getting tipsy and bloody — to each her own. (Caitlin Donohue)

 

ALAMEDA FERRY

No, you’re not driving out there. Hop the ferry, ’cause guess what? It’s the first stop on the crawl. Take advantage of the bracing winds to order a beer, or better yet, a bay-ready cocktail. Affable bartenders will recommend a bloody or one of the Campari concoctions that sometimes make the specials board. Take your sweet-ass time and ascend to the top deck with your glass — you have 30 to 45 minutes to kill coming from San Francisco. Once you disembark, you’ll be flush with the possibility of a new island lifestyle. Steady on captain, much boozing lies ahead.

Departs from SF Ferry Building, Pier 41, and Jack London Square. www.eastbayferry.com

 

ST. GEORGE SPIRITS

Surprise! Not only is Alameda a great bar town, it’s also home to a burgeoning alcohol-making district. The island’s northwestern blocks — once the Naval Air Station and still fetchingly speckled at the edges with behemoth military boats — went through an era of tumbleweed rule but are now being reinvigorated by pioneer businesses that enjoy the commercial, wide-open spaces that only airplane hangers can provide. St. George Spirits moved here in 2004 and now produces pleasant, not-too-cloying Hangar One-flavored vodkas (mandarin blossom and chipotle versions are amazing), absinthe, superlative Firelit coffee liqueur, and more. Check out the $15 tasting menu in the jovial tasting room and toast to Alameda with every tiny, long-stemmed glass the good saint presents you with.

2601 Monarch, Alameda. (510) 769-1601, www.stgeorgespirits.com

(Click here for larger Google map.)

ROCK WALL WINES

Don’t worry if your St. George tasting ended with a disorienting absinthe-root beer closer — you don’t have far to bike to the next stop on the crawl. A few hangars over, step into the sleek tasting room of Rock Wall Wines, where you can order flights of swishes from Rock Wall’s father-daughter team plus nine other small wineries that share production space next door in the massive urban vintner hangar-hangout. Feel good about supporting the little guys along with another chance to sample an array of finely-crafted local booze.

2301 Monarch, Suite No. 300, Alameda. (510) 522-5700, www.rockwallwineco.com

 

BLADIUM BAR AND GRILL

So you’re a few drinks deep — time to check out the actual Alameda haunts. Bar! Well, a gym bar. Once you arrive at the Bladium (you’ll pedal past an impressive lineup of battleships on the way), smile sousedly at the front desk of the Bladium athletic center and weave your way through in-line hockey and indoor lacrosse arenas to the comfortable second-floor sports bar, where you can knock a pint back and take in some of the heated amateur action going on among the athletic types below. Don’t let all the secondhand endorphins make you feel lazy — the kind of drinking you’re doing takes endurance.

800 West Tower, Building 40, Alameda. (510) 814-4999, www.bladium.com

 

FORBIDDEN ISLAND TIKI LOUNGE

Enough crawling with the generalists — let’s get dark ‘n’ sugary the way only a quality tiki bar can encourage. Find the flavor at the low-lit Forbidden Island, where there will be a luau in progress, if you play your cards right, and sufficient vats of rum and juice even if you didn’t schedule your crawl around roast pig. Hoist a Neptune’s Garden (it’s blue and has fruit garnishes!) to discovering more about the Forbidden Island’s watering holes and continue on your way.

1304 Lincoln, Alameda. (510) 749-0332, www.forbiddenislandalameda.com

 

LOST WEEKEND LOUNGE

See how we planned this out? We started with sober sea legs on the ferry, pinky-up tastings while you can still bullshit about noses and mouthfeels, then the limber tiki limbo — enter now the dives. Lost Weekend is a good one, and it’s smack in the center of Alameda’s fun downtown, which is worth a saunter about if you’re feeling a little shaky after Forbidden Island. Otherwise, belly up the bar, gaze at the TVs and myriad ephemera on the walls from hazy sports meccas — Philly? Texas? — and discover that here in the Island City, the jock and black-clad hipster crowds can oftentimes merge into one.

2320 Santa Clara, Alameda. (510) 523-4700, www.lostweekendlounge.com

 

LUCKY 13

Turn the corner onto Park Street and you, my friend, have come to the end of your bar crawl — lucky for SF residents, it’s on familiar turf. The Lucky 13’s East Bay branch is just as good a rockabilly dive into a heavy, microbrew-tinged blackout as its Castro counterpart. Same wooden tables to back-slap and talk trash over without blazing TVs to distract your train of thought, same walled patio for fresh air and lighting of the cancer stick (yeah, alright, you’re wasted). Two big points for the Alameda Lucky: you can bring in take-out stromboli and french fries from Scolari’s next door — and the Fruitvale BART Station is only a happy downhill ride away when you’re ready for the mainland. Lean your bike against the wall and find a comfy seat for yourself, brave crawler — you’ve earned it.

1301 Park, Alameda. (510) 523-2118, www.lucky13alameda.com 

Lee should veto Parkmerced

0

EDITORIAL Mayor Ed Lee got his start as a lawyer working on tenant issues. He understands the city’s rent laws and the shortage of affordable housing. He also knows — or ought to know — that when the city’s tenant groups are unanimously opposed to a project, elected officials who care about tenant rights should pay attention.

The Parkmerced project will be a clear test: Does he follow his activist roots, stick with the people he started with and show his independence — or side with the big out-of-town developer and allow the project to move forward?

The supervisors approved the project by the narrowest of margins, 6-5. All of the progressives voted to reject the development agreement and rezoning — and for good reason. The deal would lead to the demolition of 1,500 units of rent-controlled housing. And while the developer says it will abide by the rent laws for the newly built replacement units, that’s a shaky legal guarantee. The larger point, tenant advocates say, is that demolishing existing affordable housing is always a bad idea.

In the end, 1,500 people will have to leave the homes they’ve lived in for years — in some cases, many years. They will be offered replacement units in a high-rise — very different from the garden apartments (with, yes, gardens) that they’ve occupied. And if the developer decides that there’s more money to be made by jacking up the rents on those units, it’s a safe bet that an army of lawyers will arrive attempting to undermine the questionable guarantees now in the deal.

There’s also the problem of transportation and traffic. The project will include a new parking space for every new unit, meaning 6,000 new cars in an area already overwhelmingly congested. Since the vast majority of the units will be market-rate (the developer will provide 15 percent affordable units, under city law, which means 85 will be sold or rented to rich people) the development will transform what is now still something of a working-class neighborhood into another enclave for the wealthy.

When we talked to Mayor Lee, he was noncommittal on the deal. At the same time, he noted that the garden apartments are old and will have to be replaced at some point. We don’t dispute that there are ways to add more density at Parkmerced. But wholesale demolition of affordable housing isn’t the answer.

This deal is bad for tenants and bad for the city. Mayor Lee ought to recognize that then tenant groups opposing this have analyzed it carefully and come to an entirely reasonable conclusion.

Sup. David Chiu, the swing vote in favor of the project, did serious damage to his reputation as a progressive and lost thousands of tenant votes by siding with the developer. Lee, who insists he isn’t running in November, ought to demonstrate that he hasn’t forgotten his roots, that he listens to activists, and doesn’t simply go along with poorly conceived development projects. He should veto the development agreement and zoning changes and send this thing back to the drawing board.

Treasure Island: So “special”

2

Actually, there are a bunch of problems. The Chron says the developers want to make the place “special,” a community of its own:


Developers hope the project, which goes before the Board of Supervisors for approval today, will feel like an urban village in the middle of a bustling metropolitan area. They hope urban farms, plentiful public transit and shared community spaces will give residents of the island a sense of community not found in other developments. …


For Treasure Island to be successful, developers and city planning experts agree that the residents of the island must feel like part of a special, distinct neighborhood where people want to spend time, and not just another community of commuters to San Francisco.


But the numbers don’t add up.

The plans call for 19,000 people living on the island — and there won’t be anywhere near enough employment opportunities for even a fraction of that number. So most of the residents are going to work somewhere else. Which means that twice a day they’ll have to travel — to and from San Francisco or to and from the East Bay — and there’s just no easy way to get that many people off that island to those locations.

Ther Bay Bridge is already beyond capacity during the periods when most of these people are going to be commuting. Yes, you can add a bunch of Muni buses to carry a lot of people, but that’s going to cost a lot of money. So would increasing ferry service to the level that this project would require. And if the past 50 years of San Francisco development is any guide (and it ought to be), the developers won’t pay enough for the transportation and the city won’t have the money to do it right so it won’t happen.

And even if the project meets the developers’ dreams in 30 years, it’s going to be a long, messy slog along the way. 

How, for example, will people who live on the island get their kids to school? Given San Francisco’s school-choice system, and the fact that there won’t be elementary, middle and high schools on the island anyway, and the school district can’t pay for the bus routes it has now, much less for new buses going to Treasure Island, you’re going to have hundreds of parents going to schools all over the city — and there will be only one way to get there: In cars.

(I’m all for no-car travel, but let’s be serious: Who’s got the time to take a kindergartener on the ferry downtown and on one or maybe two bus connections to a school — then turn around and take another bus to work? It isn’t going to happen. And nobody’s sending elementary school kids on Muni to school alone.)

If the supermarket isn’t built before most people move in, then you’ve got the grocery problem: It’s hard to do a week’s shopping on Muni and then a ferry. And what happens when you forget the milk (or run out of beer on the weekend?) No way to walk to the store, so you get in the car.

To make it even worse, 80 percent of the people who live there will be rich (since that’s who can afford market-rate housing). They’ll all have cars (and the developer kindly is providing parking spaces for all of them).

I just don’t see how it’s going to work. 

Editorial: Mayor Ed Lee should veto the Parkmerced development agreement

20

 Mayor Ed Lee got his start as a lawyer working on tenant issues. He understands the city’s rent laws and the shortage of affordable housing. He also knows — or ought to know — that when the city’s tenant groups are unanimously opposed to a project, elected officials who care about tenant rights should pay attention.

The Parkmerced project will be a clear test: Does he follow his activist roots, stick with the people he started with and show his independence — or side with the big out-of-town developer and allow the project to move forward?

The supervisors approved the project by the narrowest of margins, 6-5. All of the progressives voted to reject the development agreement and rezoning — and for good reason. The deal would lead to the demolition of 1,500 units of rent-controlled housing. And while the developer says it will abide by the rent laws for the newly built replacement units, that’s a shaky legal guarantee. The larger point, tenant advocates say, is that demolishing existing affordable housing is always a bad idea.

In the end, 1,500 people will have to leave the homes they’ve lived in for years — in some cases, many years. They will be offered replacement units in a high-rise — very different from the garden apartments (with, yes, gardens) that they’ve occupied. And if the developer decides that there’s more money to be made by jacking up the rents on those units, it’s a safe bet that an army of lawyers will arrive attempting to undermine the questionable guarantees now in the deal.

There’s also the problem of transportation and traffic. The project will include a new parking space for every new unit, meaning 6,000 new cars in an area already overwhelmingly congested. Since the vast majority of the units will be market-rate (the developer will provide 15 percent affordable units, under city law, which means 85 will be sold or rented to rich people) the development will transform what is now still something of a working-class neighborhood into another enclave for the wealthy.

When we talked to Mayor Lee, he was noncommittal on the deal. At the same time, he noted that the garden apartments are old and will have to be replaced at some point. We don’t dispute that there are ways to add more density at Parkmerced. But wholesale demolition of affordable housing isn’t the answer.

This deal is bad for tenants and bad for the city. Mayor Lee ought to recognize that the tenant groups opposing this have analyzed it carefully and come to an entirely reasonable conclusion.

Sup. David Chiu, the swing vote in favor of the project, did serious damage to his reputation as a progressive and lost thousands of tenant votes by siding with the developer. Lee, who insists he isn’t running in November, ought to demonstrate that he hasn’t forgotten his roots, that he listens to activists, and doesn’t simply go along with poorly conceived development projects. He should veto the development agreement and zoning changes and send this thing back to the drawing board.

 

 

FBI spying will be an issue for new Police Commissioner

1

When Police Chief Greg Suhr got sworn in at City Hall a month ago, reporters each got to ask one question during a hastily convened media roundtable inside Mayor Ed Lee’s office. And since the Guardian’s story about the FBI’s secret agreement with the San Francisco Police Department had just hit the streets, I asked the new Chief, if he would welcome clarification around the duties of SFPD officers assigned to the FBI’s Joint Terrorism Taskforce.

Chief Suhr said he believed an examination of the wording of the FBI’s most recent memorandum of understanding (MOU) with the department was already under way. “I believe that the MOU is being revisited,” Suhr said. “I have not been a part of that, but again I think we have a real good policy with regard to our intelligence gathering and that does supercede any ask of any other agency. The officers are bound by policies and procedures. And that policy was well thought out with tremendous community and group input years and years ago, from situations that have not since repeated themselves. I think a lot of people back then couldn’t believe they happened in the first place, but I think measures were well thought out and put in place to make sure we don’t have a problem again.”

Fast forward three weeks, and Suhr found himself in the hot seat at a May 18 joint meeting of the Human Rights Commission and the Police Commission, where commissioners got an update about the Police Department’s response to community concerns about surveillance, racial and religious profiling of Arab, Middle Eastern, Muslim, and South Asian Communities and the potential reactivation of SFPD Intelligence Gathering.

After Suhr introduced his new Command Staff—and stressed their great diversity–Police Commission President Thomas Mazzucco, who was Suhr’s football coach in high school, tried to assure folks that the Police Commission, the Human Rights Commission, the FBI, the SFPD, the American Civil Liberties Union and the Asian Law Caucus had already addressed the community’s intelligence-gathering concerns, in part through a bureau order that Chief Suhr then introduced during the hearing, in which Suhr clarified that SFPD policies trump FBI guidelines every time.

And Mazzucco,  a former Assistant U.S. Attorney for the Northern District of California and a former Assistant District Attorney for San Francisco, before Mayor Gavin Newsom appointed him to the Commission in 2008, noted that the community’s concerns were based on allegations. not factual findings.

But his comments got folks wondering whether Mazzucco’s prior involvement with the feds left him with a blind spot that is preventing the Police Commission from dealing with the issue in a timely and effective manner, particularly since Commissioner Jim Hammer’s term has expired, and the rest of the Commission is waiting for the Board’s Rules Committee to decide between nominating David Waggoner, L. Julius Turman, Phillip Hogan or Vanessa Jackson as the next new Police Commissioner.

For, as members of the public observed during the meeting, if the Police Commission President himself expresses no outrage at finding that the Commission’s policies have been undercut for the past four years by secret agreements between SFPD and the FBI, how can San Francisco claim to have a credible system of civilian oversight?

Instead, they felt that Mazzucco seemed more concerned about defending federal practices and officials, who were unwilling to show up at the May 18 hearing, than worrying about the role and authority of the civilian oversight body he now represents. And attorneys with the ACLU and the Asian Law Caucus noted that though Suhr characterized his new order as being based on the Portland resolution and a prior proposal from community advocates, they believe Suhr’s approach can only work with the written consent of the FBI, (which SFPD doesn’t have) if the FBI’s 2007 contract is left in place.

“That’s why there is a need for a transition to a non-MOU, Portland-style resolution,” ACLU’s John Crew told the Guardian, noting that ACLU’s willingness to work collaboratively with the commissioners and the new Chief should not be confused with a willingness on ACLU’s part to roll over and accept an approach that is based on wishful thinking rather than the realities of the MOU that’s still in place.

During the May 18 joint hearing, Chief Suhr acknowledged “the validity of the perceptions raised by the community,” even as he insisted that SFPD has “very strict policies” in place to ensure appropriate oversight for investigation- involving activities.

Suhr summarized the history of those policies, including ACLU’s John Crew’s involvement in creating Department General Order (DGO) 8.10, which establishes that there must be reasonable suspicion before SFPD intelligence gathering can occur.

Suhr noted that SFPD joined FBI’s Joint Terrorism Taskforce (JTTF) after the September 11, 2001 attacks, and SFPD officers assigned to the JTTF subsequently came under control of the Department of Homeland Security unit, but starting now, they are back under SFPD’s special investigations.

“I gave the order today that JTTF will be moved back under SFPD’s special investigation unit,” Suhr said. “They will have the security clearance necessary to oversee the activities. The members are required to comply with all department policies, even if they can conflict with FBI policies. Simply said, San Francisco policies, procedures, laws, and statute trump any federal policy or procedure. Our officers are bound by those.”

Suhr said that to ensure everyone is clear about the chain of command, he’d drafted his May 18 bureau order. “It essentially turns back the clock and emphasizes that officers are responsible for our policies and procedures first, and our officers are bound to identify themselves as San Francisco police officers,” Suhr said, further noting that he’d be happy to further amend his new order as needed.

And Mazzucco noted that SFPD has absolutely no jurisdiction whatsoever over the Transportation Security Administration’s activities at the airport.

But while Human Rights Commission Chair Michael Sweet said Suhr’s new bureau order,  “goes a long way toward helping to alleviate some of the concerns,” he and many commissioners noted that this was their first chance to read the order. And Sweet said he saw the May 18 joint hearing “as by no means the end of the discussion.”

HRC director Theresa Sparks, who was on the Police Commission when the FBI drafted its 2007 JTTF MOU, noted that the issue is not whether we should opt out, but what we can do to ensure that officers involved in activities have “strong civilian oversight of their activities and report activities through the established civilian oversight mechanisms and procedures defined in DGO 8.10.”

” Our approach to achieve this objective is to publish internal directives ensuring our officers only participate in activities that meet our local standards of reasonable suspicion,” Sparks stated, claiming that Suhr’s order will “ give the city control over misconduct charges and allegations of misconduct charges.”

Sparks noted that the May 18 hearing was a status report about “alleged violations by the FBI and SFPD, as well as airport police,” and that the HRC “did no independent investigation” to verify these allegations.

Sparks added that HRC and the Immigrant Rights Commission has a tentative agreement to move forward with townhall meetings to address community concerns, and will encourage the Board to appoint a special prosecutor to determine if the prosecution of terrorism cases is valid and fair, and discuss the need for an Ombudsman at the airport. And she talked about the need for SFPD to establish legal safeguards, mechanisms for greater transparency and oversight, and conduct more detailed yearly audits.

“Tonight was a real dialogue about the issues,” Sparks said, further noting that civilian oversight of local JTTFs is also a popular discussion in Oakland and in Portland, Oregon, which has decided to rejoin its local JTTF after opting out in March 2005. But she didn’t mention that Portland had entered into a resolution with the FBI, instead of signing a new MOU with the feds.

That explanation was left to Veena Dubal of the Asian Law Caucus and ACLU’s Crew– in between explaining why they believe Suhr’s Bureau Order isn’t enough. “The good news is that we all collectively agree that SFPD policies should apply to SFPD officers assigned to the JTTF,” Dubal said. “The bad news is that the recently released MOU, which was secret for four years, doesn’t reflect our collective desires.”

Dubal stated that the FBI won’t amend its 2007 MOU with the SFPD.
“And that is why the Chief issued the bureau order,” Dubal stated, claiming that the FBI Special Agent in Charge of JTTF involvement recently told ALC and the ACLU that the FBI will continue to block key parts of local policy central to accountability and oversight.

“But there’s a solution and it doesn’t necessitate a divorce from the joint terrorism task force,” Dubal continued, noting that there are now two ways for local law enforcement officers to participate in JTTFs: an MOU, in which SFPD resources are put into the hands of FBI with relatively no local control, as in the SFPD’s 2007 agreement with the FBI. Or via a resolution which the federal government just approved in Portland, which allows participation in the JTTF, but provides much better protection for civil rights and gives the police department and the police commission more control of the relationship.

Dubal noted that in the decade since 9/11, the FBI has expanded its intelligence powers, and its agents are now allowed to conduct intelligence without a factual connection to criminal activity.

“Given these massive shifts in FBI activity, the question is, what should the relationship between the SFPD and the FBI look like?” Dubal said.

“Unlike the FBI, the SFPD is not a national security organization, “ Dubal continued, noting that when SFPD signed up to work with the JTTF under an MOU that preserved local control and policies, “it wasn’t assuming that some of its officers, paid for by San Francisco taxpayers, could be transformed into national security agents.”

”The SFPD signed on without telling anyone, not even the police commission,” Dubal said, noting that SFPD cannot afford to participate in these practices. “We need community trust to keep all of our communities safe.”

ACLU’s Crew noted that the FBI came to the SFPD in 2007 with a new MOU. “And perhaps inadvertently, there was no review by the City Attorney, and no notice to the police commission,” Crew said. “And it’s a drastically different MOU, unfortunately.”

“Now, we didn’t know about that MOU because it was kept secret at the insistence of the FBI for four years,” Crew continued, further noting that when ACLU and ALC met with the SFPD in 2010, they were suddenly told that the police department couldn’t talk about these issues without FBI permission.

“That set off a warning sign,” Crew observed, noting that in early April, when the ACLU and ALC finally got the MOU released, their worst suspicions were confirmed.

“There was no public discussion of transforming the SFPD into a national intelligence gathering association,” Dubal said. “The problem is that the FBI changed the deal, and the SFPD signed it, without telling anyone.”

Dubal noted stark differences between the FBI’s 2002 MOU and the one the SFPD signed in 2007, along with stark changes to FBI guidelines that occurred in 2008, in the dying days of the Bush administration, and that now allow a new assessment category, that does not require reasonable suspicion and has been criticized by civil liberties groups.

And according to Crew, the FBI’s new MOU “puts at risk the very concept of civilian control.” As Crew noted, between the mid 1990s, when the SFPD developed DGO 8.10, which governs its officers’ intelligence-gathering policies and procedures, and 2007, when the FBI prepared a new JTTF MOU, there’d been little controversy over intelligence-gathering in San Francisco.

 “And then, perhaps inadvertently, the SFPD signed that MOU and it was drastically different and kept secret at the insistence of the FBI for four years,” Crew observed.

And in 2010, the SFPD suddenly said it couldn’t talk about the issue without the permission of the FBI, Crew added, noting that “Unnecessary secrecy breeds suspicion.”

“We don’t think the Bureau Order is sufficient,” Crew concluded. “This is an issue that has to be dealt with at the Police Commission level.”

Crew noted that the Portland City Council chose not to enter into an MOU, “specifically because it restricts the ability to provide local control and local oversight. “

“So, we are not saying opt out, but we are saying there needs to be a transition to a resolution that maintains local control over the assignment of officers and provides all these elements of civilian oversight,” Crew continued.

He claimed that the federal government says a resolution is possible, as long as you’re not doing it under an MOU.
“So the question is, if that level of protection is available now to the people in Oregon, why would San Francisco not take the same deal?” Crew said. “All you have to do is give 60 days’ notice to the FBI that are you going to start this transition to a resolution. That notice period allows the FBI to have any comments or express any concerns they want, I think it’s very regrettable that they chose not to participate tonight and unfortunately I think it says something in terms of how seriously they take these concerns.”

Crew concluded that such a transition would be a win-win situation.

”If we went to a resolution that merely asserted local policy, then they could keep doing exactly what they’re doing now,” Crew said. “On the other hand, if it turns out that there’s activities SFPD is involved in that they shouldn’t be involved in, don’t we want those stopped?

“The one comment I will make of the bureau of general order is that I’m thankful to hear it’s a work in progress,” Crew added, noting that ACLU and ALC “don’t think a bureau order is sufficient. That’s because it can be changed at any time without the notice of the police commission, without a public hearing.”

But Mazzucco disagrees with ACLU and ALC’s claims that FBI intelligence-gathering guidelines have been relaxed since 2008.
 “There are no random assessments, and there has to be a predicate of a criminal violation,” Mazzucco told commissioners, noting that ” with honorable people like Bob Mueller” (Mazzucco’s former boss) “running the FBI, there should be a level of confidence that there will not be any violations.

And in a follow-up call, Mazzucco told the Guardian that he thought Suhr’s bureau order clarifies that “local officers follow SFPD rules.”

Mazzucco also suggested that Police Commission oversight, “is more over policy and procedures and less about operations,” by way of explaining how the SFPD’s 2007 MOU  with the FBI never came before the Commission.
“But I suggested that we see the next MOU in this area,” Mazzucco added.

And he proposed “a simple solution” moving forward, namely transparency and educating the public,” about the JTTF.

“SFPD is probably the most diverse police department in the country,” Mazzucco said. “And there is civilian oversight. We won’t let anything untoward happen.”

And he praised the new US Attorney for Northern California Melinda Haag, and FBI Special Agent Stephanie Douglas for their participation in recent meetings with city officials about the community’s intelligence-gathering concerns.
“The good news is that nothing controversial is going on here,” he said, noting that out of the broad array of community advocates who showed up at the May 18 joint hearing, there were maybe five citizens who spoke about encounters with the FBI, and only one from the Bay Area. ”My goal is to make everyone feel comfortable,” he said.
 
But HRC Chair Sweet acknowledged at the May 18 joint hearing that it was “very difficult” to know from a first reading of Suhr’s Bureau Order if it fully addressed the community’s intelligence-gathering concerns. “I think a great deal of discussion really needs to take place on that particular issue,” he said.

And HRC Vice Chair Douglas Chan dug into the details, starting with the apparently now classified question of how many SFPD officers are currently assigned as deputized FBI officers.
”We don’t generally discuss the specific numbers, but I will tell that you we’ve never had less than two officers assigned to the JTTF,” Suhr replied.

And he told Chan more work can be done on the Bureau Order. 
“The intent of the order was to align it with DGO 8.10 and to close any gap that was in the 2007 MOU,” Suhr said.

Chan asked if SFPD has in mind “ a framework or an approach” if a case arises, wherein an officer, in order to defend himself against an allegation of misconduct, or a citizen seeking to discover facts and other evidence relating to an incident, bumps up against this need to know and the fact that apparently JTTF activities are, “under a federal classified information.”

“I think that would probably need to be flushed out in subsequent drafts of the bureau order,” Suhr replied. “I think we could turn the clock back to where the officers are ultimately accountable to the police department, the commission and the citizens of San Francisco.  I think that the most recent MOU, as has been discussed, there was somehow a mishap where it was not reviewed.”

 And while Police Commissioner Petra DeJesus said Suhr’s Bureau Order was, “a step in the right direction,” she added that she felt it needs to be amended to clarify how the Police Commission would truly have oversight of SFPD officers’ JTTF activities.
‘Even though a commissioner is going to look at what’s been done monthly, that commissioner doesn’t have the clearance, and we’d only see a sanitized version of the events,” she observed. “And we need to look at the auditing report part of it.”
 
 And Police Commissioner R. James Slaughter said he thought everyone was “frustrated that the FBI is not here to answer some of these questions.” I think that would help us.”

And now, with four candidates vying to replace Jim Marshall as the seventh Police Commissioner, it’s not clear what the Police Commission will do beyond Suhr’s Bureau Order. But clearly that question now becomes part of the commission selection process.

And so here is the basic direction of Suhr’s new Bureau Order:

 
Under Suhr’s new Bureau Order (not to be confused with an FBI order) SFPD officers assigned to the FBI’s terrorism task force must abide by local policies protecting civil rights rather than looser federal rules.

 “It is the responsibility of the Federal Bureau of Investigations (FBI) to prevent, investigate and respond to terrorism in the United States.” Suhr’s May 18 order states. “The FBI has established local Joint Terrorism Task Forces (JTTF) to share resources and coordinate among federal, state, tribal and local governments. It is the policy of the [San Francisco Police] Department to help prevent and investigate acts of terrorism, protect civil rights and civil libertes under United States and California law, and promote San Francisco as an open and inclusive community by participating in the FBI Joint Terrorism Task Force.”

“The Chief may assign SFPD offices to work on JTTF investigations that comply with the requirements stated above regardless of whether or not the investigation is based in the City & County of San Francisco,” Suhr’s order, which was issued by Deputy Chief Kevin Cashman, continued.

 “SFPD offices shall work with the JTTF only on investigations of suspected terrorism that have a criminal nexus,” Suhr’s Bureau Order concludes. “In situations where the statutory law of California is more restrictive of law enforcement than comparable federal law, the investigative methods employed by SFPD officers working on JTTF investigations shall conform to the requirements of such California statutes. While cross-designated and deputized as federal officers for the purposes of their JTTF assignments, when not operating in a covert or undercover capacity, SFPD officers shall always identify themselves to members of the public as SFPD officers.”

Or as Suhr told commissioners May 18, “Our officers will follow our department orders.”
.

 

Muni strike averted as a tenative contract deal is reached

2

After months of contentious negotiations and a vote by Muni workers to authorize a strike if necessary, San Francisco Municipal Transportation Agency and the Transport Workers of America Local 250A have reached a tentative contract deal. But union members still need to review and ratify the deal, which is far from certain for a union whose members have been some of the most militant city workers.

“These contract talks were intense but both sides acted professionally. Ultimately, we arrived at a contract compromise that will produce significant cost savings and will change how Muni is managed over the long term,” MTA negotiator Debra Johnson said in a public statement distributed by the agency about an hour ago.

Local 250A Secretary-Treasurer Walter Scott cautioned that members still haven’t reviewed the deal, which they will vote on in 10-12 days. But he told the Guardian, “I’m glad that we came to a tentative agreement and we don’t have to go to arbitration.”

Among the terms proposed for this three-year contract are a wage freeze, a redefinition of overtime and other structural changes, provisions for hiring part-time workers, and other changes that MTA officials say will save the agency at least $21.3 million over the contract term. This was the first contract negotiation since voters approved Prop. G in November, ending the union’s guarantees of some of the nation’s highest driver salaries, thus giving the city more leverage in the collective bargaining process.

But Muni workers have been frustrated with the pace of negotiations and what they felt was a demonization of Muni workers by officials and media outlets in the city, leading union members to authorize a strike despite the prohibition on such work stoppages in their contract and in the city charter. Union officials had argued that a strike might have been legally permissible after the current contract expires on July 1, but the City Attorney’s Office disagreed.

At a time when public employee pension reform and the city budget are some of the biggest topics at City Hall, most political observers say a shutdown of the Muni system would have been a nightmare for both commuters and the union. Now, we’re all left to wait and see whether members accept the proposed deal or whether they want to keep fighting.

UPDATE (3:17 pm): Local 250A has issued a public statement announcing the deal and expressing irritation with the MTA and its public relations consultant for announcing the terms of the deal. Union President Rafael Cabrera said, “Part of our agreement with SFMTA was not to discuss the terms and conditions with the public until our members have had a chance to review the TA. It’s very disappointing that SFMTA’s outside media consultant Charles Goodyear has already violated the terms of our agreement with a detailed and inaccurate press release earlier today.” The union also said a vote on the deal will take place on June 8.

The secret life of Michael Peevey

11

rebeccab@sfbg.com

Inside a legislative hearing room at the state capitol, things were beginning to get uncomfortable. Roughly five weeks had passed since a Pacific Gas & Electric Co. pipeline explosion killed eight and leveled an entire San Bruno neighborhood, and this California Senate committee hearing was an early attempt to get answers.

San Bruno residents who lost loved ones in the deadly explosion huddled in the front row, their eyes fixed on company representatives and agency bureaucrats as they spoke. At the back of the room, a band of immaculately dressed PG&E executives and utility lawyers sat clustered together.

Richard Clark, director of the consumer protection and safety division of the California Public Utilities Commission (CPUC), fielded questions from visibly frustrated state legislators. Sen. Dean Florez (D-Shafter) wanted know why the CPUC hadn’t done anything when PG&E ignored an impaired section of the ruptured pipeline even after it was granted $5 million to fix it.

“Did the PUC do any accounting when you gave them $5 million?” Florez demanded. “Do we just give them money and cross our fingers and hope they fix it? Is that what we do? Until some terrible tragedy occurs?”

Sen. Mark Leno (D-San Francisco) said the CPUC needed to step it up and start practicing serious hands-on oversight. He recalled a tragedy that occurred in 2008 when a gas leak in Rancho Cordova triggered a pipeline explosion, killing one person and injuring several others. Although an investigation determined that PG&E was at fault, the CPUC hadn’t yet gotten around to fining the company.

“We’ve got a pattern here,” Leno said. “And we’re not doing anything differently.”

Less than three weeks after CPUC staff members were grilled in Sacramento, Michael Peevey — president of the CPUC and the top energy official in the state — boarded an airplane for Madrid. He was embarking on a 12-day travel-study excursion, with stops in Sevilla and Barcelona, sponsored by the California Foundation on the Environment and the Economy (CFEE).

Peevey’s wife, California Sen. Carol Liu (D-Glendale), was along for the trip. So were two other state senators, several members of the state Assembly, CPUC commissioner Nancy Ryan, and a host of representatives from the energy industry. The group included executives from Chevron, Mirant (now GenOn, the owner of the Potrero power plant), Covanta Energy Corporation, Shell Energy North America, and engineering giant AECOM. High-ranking executives of the state’s investor-owned utilities also participated, including Fong Wan, the senior vice president of energy procurement for PG&E.

Although strict rules normally govern commissioners’ interactions with parties that have a financial stake in the outcomes of commission rulings, there wasn’t anything especially unusual about Peevey traveling internationally with a group that included representatives from the same companies his regulatory commission oversees. CFEE trips happen every year. The nonprofit has footed the bill to fly groups of regulators, legislators, and utility executives to prime vacation destinations like Italy, Brazil, and South Africa in recent years, excursions organizers say are critical for educating top-level stakeholders about worldwide best practices for sustainable systems. However, groups such as The Utility Reform Network (TURN) have decried CFEE trips as “lobbying junkets.”

As PG&E and the CPUC both work to win back the public’s confidence after their latest deadly failure, it’s worth analyzing whether their relationship — shaped by vacations together at exotic locales — has grown too cozy.

 

THE BUDDY SYSTEM

CFEE isn’t the only nonprofit that regularly flies Peevey overseas for green travel tours with high-ranking utility executives, and the 12 days he spent in Spain wasn’t the only time he spent away from official duties and in the company of the corporations his commission regulates.

These controversial getaways are just a small part of Peevey’s involvement with private-sector interests. He also chairs the board of a nonprofit investment fund created as part of a $30 million settlement agreement with PG&E. Called the California Clean Energy Fund, it funnels money into private venture-capital funds that invest in green start-ups, plus a few companies in the fossil-fuel sector.

While legislators have voiced frustration that lax CPUC oversight of PG&E on pipeline-safety issues opened the door to disaster in San Bruno, inside observers are critical of the outright favors Peevey has granted utilities, such as guaranteeing an unprecedented, higher-than-ever profit margin for PG&E as part of the company’s 2004 bankruptcy settlement.

The CPUC is set up to perform as a watchdog agency, yet social and professional ties running deep within California’s insular energy community mean regulators sometimes run in the same circles as the executives who answer to them, making for cozier relationships than the general public might anticipate. It’s an old-fashioned insider game that one longtime observer wryly characterizes as “the buddy system.” But the buddy system can bring consequences.

As the public face of the CPUC, Peevey repeatedly has been thrust into the spotlight. He has absorbed advocates’ concerns about pipeline safety, rising electricity rates, SmartMeters, missed targets for energy efficiency, and municipalities’ David-vs.-Goliath battles with PG&E to implement community choice aggregation (CCA), to name a few. He’s a magnet for public scrutiny while occupying the center seat at commission meetings, but Peevey’s behind-the-scenes engagements with private-sector organizations bent on shaping statewide energy policy demonstrate how power is wielded in California’s energy world, a system in which regulators seem to be partnering with utilities rather than policing them.

Based at Pier 35 in San Francisco, CFEE’s board of directors is composed of a small group of officers, plus a long list of members who hail from some of the most prominent businesses nationwide. Shell, Chevron, J.P. Morgan, Goldman Sachs, AT&T, and PG&E all hold positions on CFEE’s membership board, and each entity chips in to fund the foundation’s activities and travel excursions.

The group also includes representatives from labor organizations like the International Brotherhood of Electrical Workers and mainstream environmental groups such as the Natural Resources Defense Council. Among the emeritus members of CFEE’s governing board are some high-ranking figures, such as CIA director-turned-Pentagon boss Leon Panetta. CFEE received $45,000 in donations from PG&E in 2009 (the most recent year available) and was granted similar amounts in prior years.

CFEE spokesperson P.J. Johnston, the son of former state senator and CFEE officer Patrick Johnston and the press secretary under former Mayor Willie Brown, described the trips as valuable opportunities for top-level stakeholders to gain insight on best practices and engage in noncombative dialogue on key issues.

“The idea for us was that it made sense to have someplace where it was nonconfrontational to engage in policy, work-type discussions,” Johnston explained. He added that the trips are “all about policy, on the 30,000-foot level,” and emphasized that discussions aren’t about specific decisions pending before the CPUC.

Loretta Lynch, a former president of the CPUC who brought a reformist spirit to the agency and was never shy about rebuking utilities, is skeptical of CFEE’s stated program goals. When she was first appointed to the commission, Lynch said, CFEE contacted her to ask where she wanted to travel. If the trips are arranged to fly regulators to destinations they’ve been itching to visit, she reasoned, must-see green innovations probably aren’t dictating the itineraries. “To me,” Lynch said, “they don’t have anything to study in mind.”

 

“PARTYING WITH THE JUDGE”

The CFEE trip to Spain included a briefing on developing wind energy from AES, a company working on wind and solar development in California that also operates polluting, gas-fired power plants in Huntington Beach, Long Beach, and Redondo Beach. There was a round table on solar energy featuring a presentation from the Independent Energy Producers Association, a trade group that regularly files petitions and comments on CPUC proceedings. The trip included a tour of a desalination plant, a talk from the president of the Madrid Chamber of Commerce, and discussions about California’s energy market. Scheduled activities ended by midafternoon on some days, and the itinerary left a Friday afternoon, Saturday, and Sunday in Sevilla wide open.

Asked to comment on concerns about inappropriate lobbying, Johnston said: “We’re not guarding against anyone’s potential behavior any more than we would be on the streets of Sacramento. We’re not setting ourselves up as the guardians. We’re not facilitating that, per se, either.” He added, “I realize there are critics of any kind of travel and any kind of commingling. But it is wise for us not to close our eyes to the rest of the world, and there’s not a great appetite for spending taxpayer money on these trips.”

Yet Lynch countered that there is an important distinction between the roles of Sacramento legislators and that of utility commissioners. “Regulators are not legislators,” Lynch said. “They’re more like judges. Their decisions have the power of a judge’s decision.” By inviting commissioners along on these lavish getaways, she said, “it’s as if you’re partying with the judge.”

Mindy Spatt, a spokesperson for TURN, echoed Lynch’s concerns. “These ostensibly educational trips are essentially lobbying junkets, where utilities … wine and dine legislators,” Spatt said. TURN raised the issue several years ago, she said, when Peevey joined a CFEE trip attended by a representative of Southern California Edison “just coincidentally at the exact same time that he was penning an alternate decision in Edison’s rate case.” She added: “In TURN’s perspective, the commissioners need to be more in touch with what actual utility customers are experiencing, rather than in touch with the top restaurants in Brazil.”

While Peevey is only one of a host of officials who attend CFEE trips, he has more than just a casual tie to the nonprofit. From 1973 to 1983, he served as president of the California Coalition for Environment and Economic Balance (CCEEB), an organization CFEE grew out of and whose membership shares some overlap with CFEE.

Based in San Francisco, CCEEB was founded by Edmund G. “Pat” Brown (Gov. Jerry Brown’s father) in 1973. CCEEB backed a late-1970s proposal to construct a series of nuclear power plants along the California coastline. More recently, the group honored BP with a 2009 award for environmental education — shortly before the company and lax federal regulators were responsible for the worst oil spill in U.S. history.

 

A YEAR IN THE LIFE

Spain wasn’t the only country Peevey jetted off to with complimentary airfare in 2010. According to a Form 700 filing with the Fair Political Practices Commission, he also traveled to Germany from Aug. 1–5 for a sustainable energy study tour organized by the Energy Coalition. Joining that trip were representatives from investor-owned utilities PG&E, Southern California Edison, and Sempra, plus various city officials and energy experts from the Swedish Energy Agency.

The group stayed at the Radisson Blu Berlin Hotel, which is famous for its AquaDom. “Standing at 25 meters high, it is the world’s largest cylindrical aquarium containing 1 million liters of saltwater,” according to the hotel website. All Radisson Blu Berlin guests have free access to “the hotel’s well-being area,” called Splash, which features a pool, sauna, steam bath, and fitness room.

Based in Irvine, the Energy Coalition’s Board of Directors is chaired by Warren Mitchell, a retired chair of the Southern California Gas Co. and San Diego Gas & Electric Co.. Another director is a utility lawyer who also sits on the board of directors of the Northeast Gas Association, a consortium of natural gas companies in the northeastern U.S.

Founded in the late 1970s by John Phillips to get large businesses to reduce energy consumption in partnership with utilities, the Energy Coalition has arranged excursions for years to bring energy regulators, city officials, and utility executives to Sweden (where Phillips’ wife was born) to exchange ideas on energy issues. The nonprofit organizes an annual summit called the Aspen Accord, “an energy policy forum where cities, utilities, regulators, and end-users collaborate to identify problems and propose solutions to our most pressing energy issues,” according to a 2009 tax filing. While it used to be held in Aspen, Colo., the most recent Aspen Accord was held at San Francisco’s Westin St. Francis. Peevey gave introductory remarks, and the conference featured talks from PG&E, among others.

Craig Perkins, executive director, told the Guardian that the Aspen Accord and study trips are designed to create a venue for major stakeholders to arrive at outside-the-box solutions. “What we try to do is get everybody out of their comfort zone, if you will — that’s the best way to support more creative thinking,” he said. Official regulatory proceedings are “so rigidly legalistic and bureaucratic that it almost prevents any creative thought from happening,” he added. “We’re not in San Francisco, we’re not in Sacramento, we’re not in corporate offices — let’s just talk about these really big issues, and really big challenges.”

The Germany tour included meetings with the Berlin Energy Agency, talks about climate policy, and a tour of an eco-community in Freiburg. Perkins said utility companies must to pay their own way on the trips, but costs are covered for governmental officials.

An Energy Coalition tax filing reveals that board members receive a monthly retainer of $1,000, quarterly meeting fees of $1,000, plus $500 for each board committee meeting. Teleconferences also result in $500 meeting fees.

Several years ago, the Energy Coalition partnered with PG&E to create the Business Energy Coalition, which paid businesses including Bank of America and the Westin St. Francis $50 per KW of energy savings for banding together to reduce energy during peak load hours. According to a tax filing, total annual Energy Coalition revenue dropped from $10.7 million in 2008 to $3.75 million in 2009 “due to large revenue receipts for participant incentives” for the Business Energy Coalition program, as “revenues were used for direct pass-through payments to program participants and contractors.” In 2006, according to a CPUC filing, PG&E paid the Energy Coalition $227,373 for unspecified consulting services.

In addition to the $8,880 trip to Spain (comped), and the $6,583 trip to Germany last year (comped), Peevey’s 2010 disclosure form shows that he also went to Australia May 14-19 to participate in a conference hosted by the Sydney-based Total Environment Center called “Smart Metering to Empower the Smart Grid” ($12,577, comped). And while it doesn’t show up on his FPPC filing, an agenda for CFEE’s Energy Roundtable Summit from Dec. 9-10 at the Carneros Inn in Napa lists Peevey as a participant. A glance through past filings suggests that 2010 was no anomaly; it’s a typical year in the life of a jet-setting utilities regulator.

 

GREEN CAPITALISM

Peevey once served as president of the Southern California Edison, an investor-owned utility, and was president of NewEnergy, Inc., an electricity company that later was sold to Williams Energy. Yet his professional image is that of a forward-thinker on climate change. According to a bio on the CPUC website, he’s received awards for achievements on green and sustainable energy from various organizations throughout California.

In 2005, speaking in Berkeley at an annual conference for the California Climate Action Registry, Peevey touted a list of his accomplishments on sustainable energy. My final example of PUC actions on climate change is related to PG&Es bankruptcy, he said. When they emerged from bankruptcy last year, one of many conditions of our support for their reorganization plan was that they create a $30 million Clean Energy Fund, devoted to investing in California businesses developing and producing clean technologies.

What Peevey didnt mention is that he chairs the board of directors of that fund. As a nonprofit venture capital fund, the obscure, San Francisco-based CalCEF sounds like an oxymoron. Based on the terms of the PG&E bankruptcy settlement, its governed by a nine-member board consisting of three CPUC appointees, three PG&E appointees, and the rest selected jointly by the CPUC and PG&E appointees. Other board members include past PG&E executives, a former member of the California Energy Commission, and a former chair of the board of governors of the California Independent System Operator (Cal-ISO), the body that ensures statewide grid reliability and blocked the closure of the Mirant Potrero Power Plant for years.

The nonprofit’s stated mission is to catalyze clean energy investment to aid in the state’s transition away from fossil fuels. CalCEF president Dan Adler described it as a sort of seasoned guide for fledgling green companies that might otherwise fail to navigate the murky, complicated clean-energy sector. CalCEF is in a position to usher start-ups toward success with a combination of funding, networking, and insider wisdom on state energy policy.

Among the challenges that the clean-energy sector faces, Adler said, are the utilities themselves. “They are effectively monopoly, or oligopoly, controllers of the energy industry,” he said. “And they don’t like outside innovation coming and disrupting their work process or their relationship with their customers.”

CalCEF aims to guide the finance community “to be partners with what public policy is doing around clean tech and clean energy,” Adler went on. “There’s a tremendous amount of money to be made, but there’s also a lot of opportunity for money to be wasted. If you don’t have a private-sector investment community that understands these rules and can put their money alongside these rules in a collaborative framework, we’re very unlikely to achieve the really aggressive energy targets that California has set.”

Yet as one skeptical energy insider noted, “there are 15 to 20 other funds, with 10 times as much money, an hour south in the same field,” referring to the burgeoning clean-tech hub in Silicon Valley. It’s questionable whether the CPUC is actually fulfilling some dire need with CalCEF, this person said.

Lynch, not surprisingly, takes a dim view of CalCEF. The former CPUC president questions what business the CPUC has creating a private foundation to guide venture capital investment. “It is a fundamental distortion of the PUC’s authority,” she charged, “all in service of Peevey’s ambitions.”

Peevey’s economic disclosure showed that he holds more than $1 million in a private family trust, without disclosing whether private investments contributed to that fund.

Adler stressed that there is arms-length relationship between CalCEF board members and the companies that benefit from the fund’s investments. “Because we are a nonprofit, and because we have on our board members of the regulatory community, we recognized quickly that we can’t be making direct investments into companies,” said Adler, a former CPUC staff member who was highly regarded even by the critics of CalCEF. “So … we’ve picked the venture-capital funds that we wanted to partner with.”

CalCEF funnels its capital into three different for-profit investment firms, which in turn select the companies that will be included in CalCEF’s investment portfolio. Several directors of the partnering investment firms also sit on the boards of directors of the companies they invest in. The startups run the gamut, from carbon-offset outfits, to energy-efficient lighting manufacturers to solar and wind companies, to biofuels startups to various kinds of technology firms related to the smart grid.

But CalCEF has also poured money into companies that bolster the fossil-fuel industry. One of its first investments was CoalTek, a company developing technology for so-called “clean coal.” Asked to explain why, Adler told the Guardian, “We don’t have veto power on every deal that goes down.”

Adler said he personally believes that “there’s no such thing as clean coal,” but tempered this by adding, “there are some very smart people in our community who will tell you that there’s no future … without coal.”

Another CalCEF investment, DynaPump, is developing technology to make it more energy efficient to pump oil and gas. Asked about this decision, Adler responded: “I will say that when we were approached with this investment by the venture partner that ultimately undertook it, we had our misgivings. If you can save energy in the production of oil and gas, then you’re definitely making a contribution to overall energy efficiency.”

 

TAX-EXEMPT TESLA

There appear to be some closer-than-arms-length links between CalCEF board members and the investment fund’s beneficiaries. A bio for CalCEF director Nancy Pfund, for example, notes that in her capacity as manager of an outside investment fund, she had “worked closely” with Tesla Motors, a CalCEF investment. Tesla provided CalCEF’s first investment return earlier this year after Tesla went public. A principal of one of the investment firms that works with CalCEF, Stephen Jurvetson of Draper Fisher Jurvetson, holds Tesla shares in a personal trust, according to a filing with the U.S. Securities and Exchange Commission.

Tesla manufactures sleek, electric, zero-emission sports cars with prices in the six-figures, and it’s gearing up to roll out a model that will cost somewhere closer to $50,000. The company’s success was helped by a sales-and-use-tax exclusion granted by the state of California last year. Peevey had a hand in that, too. Few Californians may have heard of the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA), a state body within the Office of the Treasurer, which has the power to authorize sales-tax exclusions for companies that are developing alternative energy technologies. Peevey has a seat on it.

In October 2009, according to a CAEATFA document, Tesla was granted a sales tax exclusion from that financing authority. The sports car manufacturer had received a tax break of $3.3 million as of December 2010, and stands to gain a tax break as large as $29.1 million, depending on its property purchases. As a CAEATFA member, Peevey approved the deal by proxy.

A central question is whether the CalCEF dollars that benefited Tesla and other CalCEF portfolio investments were originally derived from PG&E shareholder profits or ratepayer funds. Adler was careful to note that the initial $30 million came from company shareholders, not PG&E customers. But Lynch pointed out that every dime in PG&E coffers originates with the millions of customers who pay utility bills.

Lynch noted another provision of the bankruptcy settlement agreement, which guarantees PG&E a minimum annual profit of 11.2 percent, catapulting it forever into a higher rate of return than the 8 percent to 11 percent profit traditionally granted by the CPUC in prior decades. “They’re manipulating how big this bucket is to siphon off funds into programs like CalCEF,” Lynch said. “It’s all to give Peevey and his friends access — and to greenwash what was a very stinky deal for the ratepayer.”

 

ELUSIVE CLEAN ENERGY FUTURE

In California, a national leader in addressing climate change, the stakes are high in the energy sector. The CPUC is tasked not only with shoring up transmission-pipeline safety to prevent another San Bruno disaster, but helping to chart a course away from reliance on fossil fuel-powered energy sources.

CFEE, the Energy Coalition, and CalCEF share a common thread — their missions relate to advancing the cause of a clean energy future in California. And while utility funding and partnership is evident in all three operations, the overarching goal is understood to be green.

But as Adler observed, the utilities themselves present one of the greatest obstacles to progress on a clean-energy transition. While California has increased renewable energy sources, it’s done a poor job at supplanting fossil fuel generation with green alternatives, in part because the CPUC has allowed for increasing fossil fuel power generation even as renewable energy expands. According to a listing on the California Energy Commission website, nine natural gas power plants have won approval statewide and are moving toward construction, while six new ones are under review.

The CalCEF approach to addressing climate change, rather than aggressively targeting polluting industries, is to encourage the fledgling green industry in hopes of facilitating success in partnership with the financial sector. In many cases, the backers of the clean-tech companies are the same players behind the big energy giants.

Environmental advocates are critical. “If anyone thinks the CPUC is set up to serve public interests, forget that,” says Al Weinrub, executive director of the Local Clean Energy Alliance, a group that organized against PG&E’s ill-fated Proposition 16 last year. “They never have and they never will.”

Weinrub said he viewed proponents of green energy as falling into two camps: Moneyed interests motivated by a growing new market sector, and activists motivated by environmental and social justice causes. Major green investment firms “want to de-carbonize capitalism,” he observed. “But everything else stays the same.”

Peevey is considered a major driver behind the state’s climate change legislation, and he’s highly regarded for his dedication to green energy. Yet as long as the interlocking dynamic between energy regulators and California’s largest utilities goes unchallenged, change will only come in a way that’s as comfortable, profitable, and manageable for the state’s top polluters as they wish. And in a state with an aging energy infrastructure that’s vulnerable to the impacts of climate change, that pace isn’t nearly quick enough. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City officials pedal and praise on Bike to Work Day

6

photos by Luke Thomas/Fog City Journal

Almost every top city official pedaled up to City Hall this morning for the 17th annual Bike to Work Day, all pledging their support for expanding safe cycling opportunities in San Francisco and declaring the bike to be a vital part of the city’s transportation infrastructure that will only grow in importance in the coming years.

“We should all feel proud that we have more to celebrate than ever in the history of Bike to Work Day,” said Leah Shahum, executive director of the San Francisco Bicycle Coalition, which sponsored the event and facilitated the rides by city officials, including riding Sups. Jane Kim and Carmen Chu to work on tandem bikes. Shahum praised the city for rapidly expanding the network of bike lanes and facilities over the last year.

Shahum accompanied Mayor Ed Lee on a ride along JFK Drive in Golden Gate Park (which Lee announced will soon get the city’s next separated green bikeway), along car-clogged Fell and Oak streets, through the Wiggle, and along Market Street toward City Hall.

Lee told us, “I feel good, exhilarated,” as he neared City Hall, where he and officials gave speeches praising bikes and calling for improvements to the system. “I want to experiment with ways to have detached bike lanes on Fell and Oak,” Lee said to the applause of cyclists familiar with competing with cars on those fast-moving streets.

Lee also declared his support for the goals of SFBC’s Connecting the City initiative, which calls for a system of safe, crosstown bikeways, connecting the bay to the ocean and the northern waterfront to the south side of the city. He also called for continuing the green bike lanes on Market Street all the way to the Ferry Building and said, “I’m dedicated to it.”

Board President David Chiu, who sponsored the legislation that set the goal of achieving 20 percent of all vehicle trips by bicycle by the year 2020, said he was proud to see so many bikes on the streets today. “Thank you for showing the world how we roll,” he told the crowd, also voicing his support for the crosstown bike route plan. “We have to imagine safe enough conditions for 8- and 80-year-olds to bike.”

“It makes us a healthier, happier, and more vibrant city when we bike together,” Sup. Eric Mar told the gathering.

Sup. Sean Elsbernd was the only member of the board not to bike today, but his fellow fiscal conservative Sup. Mark Farrell biked in from District 2 and told the gathering that improving the city’s bicycling infrastructure “is critical to our future.”

Chu doesn’t ride a bike, but she hoped on a tandem bike with SFBC board member Amandeep Jawa and told him, “Thanks for helping me see San Francisco in a new way,” noting her new appreciation for the sights, smells, and small details that opened up along a route to work that she usually drives.

Sup. Ross Mirkarimi called his District 5 the “epicenter” for cycling in the city and declared, “It’s time that we take back Masonic Boulevard…to make sure it’s safe for bicyclists and pedestrians.”

Sup. Jane Kim told the crowd, “I grew up a city girl and I never learned how to ride a bike,” but said that former SFBC director Dave Snyder and others have been trying to teach her recently. In her ride in on the back of a tandem bike, “I got to feel how unsafe it is to have cars and buses jostle around you.”

Sup. Scott Wiener told the gathering, “This was my first Bike to Work Day and it’s not going to be my last.”

Sup. David Campos told us he really enjoyed his ride up Valencia Street, where the stoplights are timed to the pace of bicyclists. “It’s the best ride in the city. If we can make more streets like Valencia we’d be in better shape,” Campos told us.

In his speech, Campos said, “We have so much happening around bicycling, bu we also have a long way to go.”

Sup. Malia Cohen said she biked the longest way in to City Hall, all the way from 3rd Street and Thomas, and that she was happy about both the bike infrastructure improvements and carfree events like Sunday Streets. “I want to encourage you all to come out to the Bayview for Sunday Streets [on June 12],” she said.

For all the celebration and improvements to the system, Sup. John Avalos said it’s important to continue establishing respect on the roads for bicyclists. “We have to change many minds about biking in San Francisco,” he said.

To illustrate the increasingly important role that bicycling is playing in San Francisco, SFMTA Commissioner Cheryl Brinkman cited city studies showing a 58 percent increasing in the number of cyclists on the streets of San Francisco over the last four years, noting a comparable increase in Muni ridership or in motorists on the roads would have resulted in gridlock in those systems.

“It’s a good lesson for us,” Brinkman said, voicing support for the goal to creating 100 miles of dedicated bikeways throughout the city in order to promote safe cycling.

The fun side of bikes

3

steve@sfbg.com

Paul Freedman, a.k.a. the Fossil Fool, is a singer-songwriter and builder of elaborate art bikes who lives in San Francisco’s Mission District. Since 2001, when he decided to apply his Harvard University education to building custom bikes, accessories, pedal-powered products, and mobile sound systems, Freedman created Fossil Fool and Rock the Bike to sell his creations and provide a platform for his performances and alternative transportation advocacy work.

But anyone who’s watched Freedman build and ride his creations — such as his latest, El Arbol, a 14-foot fiberglass tree built around a double-decker tall bike with elaborate generator, sound, and lighting systems and innovative landing gears — knows this is a serious labor of love by an individual at the forefront of Bay Area bike culture. We caught up with him recently to discuss his work and vision.

SFBG How did Rock the Bike start?

FOSSIL FUEL I was working at a shop in Berkeley and I decided to make my first bike music system, which I called Soul Cycles. So I had that other job at a bicycle nonprofit, which is cool, and that was the first impetus. I did two innovative things with my first bike music system: I put the controls on the handlebars, which I’d never seen anyone do, and I put speaker back-lighting to make the speakers look nice at night. I used a really nice CFL fluorescent lamp, and I started playing around with those and it looked great, so that was our first product for those first three or four years.

SFBG What was going on in the larger culture at the time that led you to believe your interest in bikes and technology was going to be fruitful or make an interesting statement?

FF I care deeply about biking and a lot of the people I was with did too, but I felt like the bicycle advocacy scene was not very effective when it came to actual outreach. I felt like the thing that had been really formative for me was this person-to-person interaction, in my case by hanging out with the guys who started Xtracycle, and going on quests to get ingredients for dinner and riding late at night with the music systems on the tour. I felt like those experiences were what made bicycling appealing, but the bike advocacy scene was using guilt trips and telling people you should ride a bike because you’re too fat and you should ride a bike because there’s too much traffic. And I felt like we needed to shift that mindset and really start focusing on the fun aspects of biking and the social aspects to grow the scene.

SFBG Do you feel like it has, and what effect do you think it had on those who weren’t already riding bikes?

FF I think it’s moving that direction. Even within traditional bike advocacy groups, those people are starting to really focus on their events and creating community, in a good way, and challenging themselves with doing so. And I think that’s really positive.

SFBG Your timing also dovetailed with heightened green awareness — with a push for renewable energy, concerns over peak oil, and things like that.

FF Yeah, I feel that transportation choices are the main thing people need to examine about their lives with respect to their impact on global warming. And that’s not just a feeling, that’s the consensus of the Union of Concerned Scientists. They say that if you want to have an impact on the planet, positive or negative, the first thing you should consider is your transportation habits. So that means flying, it means driving, and everything else. I don’t think it’s really beneficial to focus on what people need to do with a car, like they need to drop their kids off. It’s more important how people do the optional things with cars like the trips to Tahoe, and the flights to Mexico. It’s those optional things I want to focus on, which is why I’m so interested in Sunday Streets, which is like the antidote. It’s this thing you can do here, that you can walk and bike to, that’s as fun as driving to Tahoe.

SFBG Through your technology and design work, it also seems like you’re showing a broad range of what people can do on a bike, with lots of cargo or a whole performance stage setup. Do you think design is convincing people that bikes are more versatile that they thought they were?

FF Oh yeah, I think that would be a really beneficial outcome of this work. By riding through town with our music gear, of course people are going to look at that and think, oh yeah, I could probably go to Rainbow Grocery and buy a bunch of food for my household on a bike. So it would be a great outcome if people would make that connection.

SFBG Is there anything about San Francisco that makes people here more receptive to your message?

FF San Francisco is a very tight city geographically. It’s not like Phoenix. The blocks are pretty short here and the distances are pretty short here, and you can ride year-round here, which is not true in Boston where I grew up.

SFBG The focus on technology and design here also probably helps, right?

FF Oh, for sure. This is an awesome place to be prototyping and doing funky mechanical, electrical art. There’s a lot of support for it. There are places like Tap Plastics for learning about fiberglass. There are lots of electronics stores that serve the Silicon Valley tech developer communities. You can buy stuff there that’s helpful. You can learn about Arduino [an open source microprocessor] at Noisebridge. There are a lot of resources for doing interactive art here or for doing bicycle-related projects. There are a lot of welders here.

SFBG Where do you think we are on the arch with this stuff — the beginning, the middle? — in terms of gaining wider acceptance of biking as an imperative and an option for anyone?

FF I think there’s an important generational shift underway, and I don’t know whether it’s my focus on bikes that leads me to meet all these kinds of people, but it feels like I’m meeting more people these days that are going to pick their next city or their next neighborhood based on how it is to bike there. They’re bringing it up in conversation, it’s not me. So it seems like people are really considering what their daily life is going to be like and how the community feels, and biking is one of the symbols of a whole swath of other beneficial things. They know that if they see a bunch of bikes when they visit a place, then there’s probably a lot of other cool stuff like music, arts, farmers markets. Those kinds of things are sort of linked together, and the bike is the key indicator. So there’s been this generational change of thought. The idea that having a bigger, faster car is better, I just don’t think that’s popular with these people. They no longer believe it.

SFBG It’s having cooler bike.

FF It’s having cooler bike and being able to use it and not have to step into the stress of car culture if you can avoid it.

SFBG What’s your next step?

FF One of the really positive things for me has been the Rock the Bike community, with its roadies, performers, musicians — all types of people who are on our e-mail list. So I can just say, I need three roadies for a three-hour performance slot and there’s going to be a jam at the end, so bring your instruments. That’s an awesome thing and it’s just going to improve, so I think the community will grow as we continue do gigs where we have fun and the people have fun.

In terms of my own art, this tree [gesturing to his El Arbol bike] has been my focus for the last year or two, and it’s not done yet. It has to look undeniably like a tree. It looks like a tree, but with a light green bark that you really don’t see in nature, so that has to change. I want it to have brown bark, but I still want it to do beautiful things at night with translucency. And I want it to have a true canopy of leaves, so that when you’re far away from it at Sunday Streets and you’re wondering whether to go over there, you’ll see a tree. Not just a representation of a tree, but I want them to be like, how the hell did he ride a tree over here?

SFBG Why a tree?

FF I don’t know. You get these ideas, and you start drawing them and can’t shake them. There are all sorts of reasons why trees are interesting. They are gathering points.

SFBG And you’re doing some very innovative design work on this bike, such as the landing gear.  

FF The roots. Yeah, that’s never been done before. Through the course of doing the project, people would send me tips and interesting things, and one guy sent me a link to a photo of tall bikes being used in Chicago in the early 1900s as gas lamp lighting tools, and they were very tall. I’d say 10 to 12 feet tall, and they were tandems, so there was a guy on top and a stoker on the bottom providing extra power, and they didn’t have landing gears. So they would ride from one lamp to another and hold the lamp as they refilled it. And I just love that story because if you were growing up in Chicago, and you saw these gas lamp people coming by in the early evening to turn the lights on, and if you were a little kid trying to fall asleep or whatever, that would have an indelible mark on your childhood, and that whimsical quality is what I’m going for. That should be part of what it’s like to grow up in the Mission District in 2011.

SFBG How does that fit into the other cultural stuff that you’re also bringing to the bike movement, the music you’re writing, design work, the style, and the events that you’re creating?

FF Sometimes I wish it wasn’t so multipronged. I would clearly be a better performer and musician if it was the only thing I did, so I apologize to all my fans for not putting 100 percent into the music. But I put 100 percent into the whole thing, including creating bikes and running Rock the Bike, which is a business.

SFBG But are you doing all these things because you find a synergy among them?

FF It’s the fullest expression of who I am.

SFBG Where do you see this headed? What will Rock the Bike be like five years from now?

FF I would like to see the quality of our entertainment offerings steadily improve to the point where people genuinely look forward to it, and not just to the gee-whiz aspect of look what they’re doing, but just for the feeling of being there. So I’d like to challenge ourselves with the quality of the music, how it is to be engaged in the setup process — because I think the setup is cool, with biking to the event and engaging in the transition to a spectacle, where every step along the way is part of the show. I like that idea. I’d like to challenge ourselves to be a carbon-free Cirque du Soleil, a show that is slamming entertainment and they bike there and pedal-power everything: the lighting, the sound, the transportation. And I want the performers to be just as good.

SFBG Are there people in other cities doing similar things?

FF The Bicycle Music Festival is spreading to other cities, which is cool. I think there are going to be over a dozen bicycle music festivals this summer. In terms of people doing really inspiring work with bike culture or this kind of mobile art, you definitely see some amazing things at Burning Man. That’s probably one of the best venues for this type of art. But I can’t think of another city where people are doing all of this. I’m part of a group on Flickr called Bicycle and Skater Sound Systems, and there’s nothing on that whole group that I see as being on this level. I don’t know why.

SFBG When you ride a cool custom bike down the street, the reactions it elicits from passersby is just so strong and happy. What is that about?

FF It’s a reaction to an expression of personal freedom. People light up when they see you expressing yourself, and a part of them thinks, oh yeah, that would be fun, I’d like to express myself. And there are just so many ways to express yourself and be human — and that’s something that we need to remind ourselves because, in many ways, our personal freedoms are declining and there’s more surveillance.

SFBG And people might take that spark and do any number of things with it.

FF One of the very cool things about bicycle art is that it’s mobile. So you ride your bike and you might turn heads a couple dozen times a day. I ride this tree, and if it’s in the full mode where it’s 14-feet tall and there’s music on, and I’m going from here to Golden Gate Park, I’d estimate that 500 people see it. There’s probably no other art form you can do that with. I can’t think of any other that’s like that. So it’s a really cool art form. Those people aren’t paying you, but you shared art with them, and it’s a good way to get exposure. It’s a great way for a lot of people to see your art.

SFBG With your mobile, pedal-powered stages, you’re also demonstrating green ways of powering even stationary art.

FF It is an interesting time for pedal power. I feel like there’s a turning point that’s maybe beginning in the field of events with how they’re powered. I think there are going to be a lot more people who are going to festivals in the coming years who are looking at the diesel generators and saying, ‘My summertime festival experience is being powered by diesel.’ And I think there are going to be a lot of people seeing that and wanting to do something else.

SFBG Have the technologies for how much juice you’re able to get out of pedal power been advancing since you’ve been working on it?

FF Yes, it’s truly impressive right now, particularly if you’re putting that juice into music because we have very efficient generators where there’s no friction interface anymore, nothing rolling on the tire, it’s all just ball bearings rolling on the hub. Then we put that power into these new modified amps, and they have a DC power supply now, as opposed to an AC power supply, so we don’t have to put the power into an inverter. So the net sum of that is one person can pedal-power dance music for 200 people, which is pretty amazing and inspiring.

SFBG And the battery technology is also improving, right?

FF Yeah, the batteries are what you use for the mobile rides, and that’s getting better. If you’ve been to a bike party, it’s just incredible how many good, loud sound systems there are right now. It’s a very kinetic art form, although I wish people would focus more on the visual aspects of their system, because I feel like there’s a trend to get big and loud fast. But I wish there were more people doing the work that Jay Brummel is doing, where he doesn’t just want to ride on a bicycle, so he turned his bike into a deer and he steers by holding the antlers.

SFBG But there has been some push-back from the police. Have you gotten many tickets?

FF Well, I got tickets for riding up high on this quadracycle. There is a law against riding tall bikes in California. It says you shouldn’t ride a bicycle in such as manner as to not be able to stop safely and put your foot down. Obviously you can’t put your foot down on a tall bike.

SFBG The fact that you have landing gears on your bike didn’t make a difference?

FF Well the officer didn’t take it seriously, but the court sided in my favor. The judge was flipping through photos of the landing gear the entire trial — he couldn’t stop flipping through them. And he asked, ‘How do you get on? Where do you step?’ So I was like, ‘Well, you step here, you step there, and you swing.’ It was pretty fun. 

BICYCLE MUSIC FESTIVAL

Saturday, June 18

11 a.m.–10 p.m., free

Various locations, SF

www.rockthebike.com

www.fossilfool.com


 

Preserving preservation

0

EDITORIAL San Francisco has a terrible record preserving its past. In the past 50 years, so many parts of the city’s history have been demolished, bulldozed, flattened, or destroyed in the name of development. The number of landmarks that are gone vastly exceeds the number of buildings or landscape features saved by historic preservation laws.

So when Sup. Scott Wiener called a hearing May 2 to discuss possible changes in the city’s historic preservation policies, it got a lot of neighborhood activists nervous. And for good reason. In a city where developers always seem to call the shots, where blocking a bad project is a difficult and expensive process, anything that removes a weapon from the quivers of the neighborhoods is potentially dangerous.

And coming in the wake of a 6-5 February vote at the board to appoint an unqualified, pro-development candidate to the Historic Preservation Commission, there’s a disturbing trend here. And the supervisors should be careful not to dismantle the protections that the 2008 ballot measure, Proposition J, put in place to protect the city’s history.

Wiener assures us he’s not out to gut preservation — he supported Prop. J and doesn’t think that the preservation movement has gone too far. “I just want to make sure that we are taking into account other policy priorities,” he said.

Wiener pointed to a few potential situations where historic preservation could get in the way of improvements to transportation and streetscapes. The street lights along Van Ness Avenue might have to be removed to make a bus rapid transit lane work — and some people might consider them historic structures. Pedestrian safety improvements along Dolores Street might require minor changes in the tree-lined median, which is not a landmark but potentially could be. He’s looking at changes in the City Planning Code provisions dealing with historic preservation — and potentially, with the way the Planning Department applies the California Environmental Quality Act.

There are always times when preservation conflicts with progress, and there will always be dubious uses of preservation law. But overall, in the course of many, many years, the pendulum has swung far in the other direction: historic preservation has been trumped again and again by the greed and political power of developers and the construction industry. And even well-meaning attempts to adjust city law will almost certainly become loopholes for more destruction.

Almost everything good in this city, from the cable cars to the Presidio, has been threatened with extinction at some point. Battling to save the city’s treasures is a full-time occupation.

There are ways to balance preservation against valid public policies like the need for affordable housing (almost never blocked by preservationists) and street improvements (one anti-bicycle character delayed new bike lanes for years, but not on the grounds of historic preservation). But there has to be a clear line: no changes or loopholes aimed at helping private, for-profit developers. Nothing that limits the ability of neighborhood groups to stop the destruction of city history.

The problem in San Francisco is not too much historic preservation, it’s that we allow too much to get lost. That’s why Wiener needs to tread lightly on this ground — and his colleagues have to make sure he doesn’t go too far.