Wiener

The new board committes: Not great news

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Board President David Chiu has released the new committee assignments for 2012, and they aren’t a whole lot different from last year’s — except in a few areas. And they aren’t exactly an indication of progressive power.

The three most conservative supervisors — Mark Farrell, Sean Elsbernd and Carmen Chu — all were named to chair committees. Supervisors Eric Mar and John Avalos also are committee chairs, although David Campos was relegated to the joint City and School District Select Commitee, which is important but takes no votes and has no role in the legislative process.

Word is, however, that Campos may wind up chairing the Transportation Authority.

The Budget and Finance Committee is run by Chu, but Avalos and Jane Kim are also members, giving a majority to the progressives. But during the budget season, that panel expands to five members — and the additional two, Scott Wiener and Malia Cohen, are both decidedly on the moderate side. That means progressives will not have a majority on the panel that plays the central role in setting the city’s budget.

The Rules Committee is improved from last year — Kim is the chair, joined by Campos and Farrell. But Land Use and Economic Development — possibly the second most important committee after Budget and Finance — is dominated by moderates; Mar is the chair but Cohen and Wiener will have a 2-1 majority.

State Assemblymember Tom Ammiano told me he’s concerned that the two openly gay members of the board, Campos and Wiener, aren’t in more prominent roles. “It seems like there are two very hardworking people who were slighted here,” he said.

But Chiu disagrees, saying that the assignments “reflect the diversity of the board and the city.” He added: “Last year (when conservatives were given key posts) everyone thought the sky would fall, and it didn’t.”

The sky falling is pretty dramatic; I suspect it won’t. But there’s a difference between the sky falling and the progressive agenda moving forward.

 

 

Should city commissioners live in San Francisco?

14

Overriding the Rules Committee recommendation and dissing Sup. Scott Wiener – who has taken a lead role on protecting nightlife from critical cops and NIMBY neighbors – the Board of Supervisors yesterday voted to appoint Glas Kat Supper Club owner Steven Lee to the Entertainment Commission, even though he doesn’t live in the city and needed a special residency waiver. UPDATE (1/12, 3 PM): Sup. Sean Elsbernd informs us that the City Attorney’s Office has ruled residency waivers can’t be used with Charter Commissions such as Entertainment, thus invalidating this appointment. 

Why would supervisors do so when Castro club owner Tim Eicher, Wiener’s pick and the Rules Committee’s choice, was well-qualified, anxious to serve, and actually lives in the city? Maybe it has something to do with the fact that sources say Chinatown political fixer Rose Pak and Pak protege David Ho are close to Lee and have been lobbying on his behalf. Or that Wiener said Lee supporters have been making the argument that there are already too many gay men on the commission.

“Nightlife issues are important tot he LGBT community,” Wiener said, noting that he was disappointed that Lee supporters have made that argument, particularly because he noted the LGBT people are underrepresented on many city commissions, particularly the powerful Planning and Airport commissions, where there are none.

Whatever the case, it made for a tense discussion at the board yesterday, followed by a vote that didn’t break along normal ideological lines. The motion by Sup. Eric Mar to substitute Lee for Eicher was approved on a 6-5 vote, with Sups. David Campos, Carmen Chu, Sean Elsbernd, Mark Farrell, and Wiener opposed.

Lee supporters noted that he has lived and worked in San Francisco for decades even though he has recently moved down the peninsula to help care for an aging father and disabled brother. For three generations, Lee’s family has been opening and operating businesses in San Francisco, including nightclubs.

“I felt his experience was somewhat superior,” Sup. John Avalos said of his reason for backing Lee.

But those who voted against Lee said it’s a troubling precedent to choose an out-of-towner over a city resident. “To grant a residency waiver for someone when we have a qualified San Francisco candidate is something we just don’t do,” Farrell said.

Sup. Jane Kim cited examples of other appointees that had such waivers, but Elsbernd angrily retorted that those were for seats that no city residents had applied for. And if Sup. Malia Cohen gets her way, there will be even more non-residents being appointed to city commissions. She said that she intends to recommend African Americans who have left the city to serve on various commissions, and she told her colleagues that she expects their future support for that effort.

After the hearing, both Lee and Ho downplayed Pak’s role in the move, telling the Guardian that Lee had key supporters in many of the supervisorial districts. “I’ve been doing this on my own,” Lee said. “I never asked Rose to help me.”

As for his priorities on the Entertainment Commission, Lee said, “Obviously, our main goal is public safety, but also working with the neighbors.”

Battling big box

1

news@sfbg.com   

In neighborhood commercial districts, national chains and other formula retail stores such as PETCO, Target, Subway, Walmart, and Starbucks are hot button issues for residents who don’t want to see San Francisco turn into a strip mall or have local money pulled from the community.

Sup. Eric Mar and other city officials want to make sure local small businesses aren’t being unnecessarily hurt by competition from national chains, which is why he called a hearing on Dec. 5 to discuss big box retailers and their impacts on San Francisco’s small businesses, neighborhoods, workers, and economy.

“There is no vehicle to see the impacts of big business on the city,” Mar told us, saying he is contemplating legislation to do just that.

Mar was part of city efforts to keep formula pet stores from locating in the Richmond area, working with a coalition of pet food small businesses concerned about PETCO and Pet Food Express trying to move into the area. But it isn’t just pet stores.

“There is a perception that Walmart might make a move into the city since we already have stores like Fresh n’ Easy,” Mar’s Legislative Aide Nick Pagoulatos told us.

The city doesn’t have a comprehensive analysis on how these companies impact San Francisco. Mar says he wants to “have a clear scale of their influence and see what we need to do to protect small business in San Francisco.”

History of wariness

In 2004, the Board of Supervisors adopted the first Formula Retail Use Control legislation, an ordinance that “prohibited Formula Retail in one district; required Conditional Use Authorization in another; and established notification requirements in all neighborhood commercial districts.”

The Planning Code changed again after a voter ballot initiative in 2007, Proposition G, required any formula retail use in neighborhood commercial districts to obtain a conditional use permit, which gave neighboring businesses a chance to weigh in during a public hearing.

Mar said the intent wasn’t to bar big box retail from entering the city, but to simply give neighborhoods a voice. But now, he said the city needs to take a more comprehensive look at what’s coming and how they will impact the city.

Small Business Commissioner Kathleen Dooley echoed the concern, which extends even beyond city limits. “I’ve heard through the rumor mill that Lowe’s in South San Francisco is going to close and

Walmart is looking to take that space since they know they’d never get into the city,” she told us. “It’s bad enough that Target is opening stores [in San Francisco]. They are the quintessential big box because they sell everything.”

Target is in the process of opening a massive store inside the Metreon in SoMa, and another store at Geary and Masonic. Mar isn’t diametrically opposed to the big box industry, but he thinks those companies should be appropriately situated.

“I’ve seen that people in Richmond are positive toward big box like Target coming into the district, but some are nervous that it will take down business,” he told us. “There are some property spaces that are supposed to be for big box, like the property at Geary and Masonic where the old Sears and Toys”R”Us used to be.”

But it’s not easy to figure out what other big box stores have their sights set on the city. The Planning Department’s list of projects in the pipeline aren’t always filed under the name of the business, making it difficult to stay vigilant.

For example, while application #3710017 at 350 Mission Street describes the project as a “95,000 sq. ft. building of office, retail and accessory uses,” it isn’t clear what businesses are actually setting up shop. And these days, some big box stores are coming in smaller boxes.

Prototype stores such as Unleashed by PETCO are specifically designed to squeeze into smaller property spaces so they can get into neighbor corridors that are typically reserved for small businesses.

More help needed

During the Dec. 5 hearing before the Land Use and Economic Development Committee, Sup. Scott Wiener echoed Mar concerns, commenting that he wants to see how the Planning Commission could “improve the Conditional Use process since we see a pushback of strong neighborhood activity.”

Dooley recalled an issue from 2009 when the Small Business Commission formally asked the Planning Commission not to authorize a PETCO in the Richmond because “the surrounding area was already well served by pet stores.” The board ultimately stopped PETCO, but Pet Food Express did locate a store nearby, which Dooley said has already taken a toll on the locally owned pet food suppliers.

“Big box stores carry a huge number of products that impact other stores,” she said. “Big box is a category killer in the neighborhood…the Planning Commission needs new criteria for formula retail because there are several different types.”

Some superstores require parking lots, taking up additional land, and increasing traffic in certain neighborhoods. Yet one trait that most chain stores have in common is that they extract more money from San Francisco than locally owned businesses, whose revenues tend to circulate locally.

“With every dollar spent at local stores, 65 cents will go back into the community, while only a quarter will be returned from a big box.” Rick Karp, owner of the 50-year-old Cole Hardware, said at the hearing, citing various studies on the issue.

Small business owners are asking for economic impact reports to be included in project applications from chain stores to see just how they measure up to their locally owned counterparts.

When Lowe’s entered his district, Karp says he lost 18 percent of his business and was forced to eliminate six full-time jobs. He appealed to city officials to “keep big box out of San Francisco because it impacts the efficacy of neighborhood shopping.”

Once chain stores puts the locals out of business, the consumer is stuck with set prices and reduced variety. But critics say it isn’t just consumers and small business owners who suffer, but workers as well. They singled out Walmart as notorious for union-busting and poor labor standards.

“We can use our land use ordinances and powers to set a basic minimum labor standard. Big box must abide by that and also include health care if implemented in local government [legislation],” Mar said.

But Steven Pitts, a labor policy specialist at UC Berkeley, told us there is a connection between low prices and low wages.

“People who work at Walmart are poorer than those who shop there,” he told us. “Therefore, if prices were raised to increase wages for employees, the burden wouldn’t be on people of lower income.”
Opposing Walmart

To illustrate how Walmart would adversely affect San Francisco’s workforce, the hearing included two employees of Walmart, Barbara Collins and Ronald Phillips from Placerville, who helped create Organization United for Respect at Walmart (OURWalmart) to push for better benefits and labor standards.

“We want to hold Walmart accountable,” said Collins, whose last annual income from Walmart was $15,000 annually, a salary she realized couldn’t support her four children. “Walmart says they pay living wages. No, they don’t.”

Phillips said that Walmart has “a tendency to fire people for any reason and then does not have to pay for the benefits… I was one of these people, but I was rehired.”

For the past three months, Phillips says she has worked at least six days and 40 hours per week, but that she still qualified for welfare assistance.

Also at the hearing, SF Locally Owned Merchants Alliance unveiled a study showing that formula retail costs nearly as many jobs as it creates. A domino effect occurs when stores close because fewer customers circulate to other nearby stores.

But the group noted that consumer habits are probably even more important than city regulations. The SFLOMA study found that if 10 percent of San Franciscans shifted their spending to locally owned small businesses, consumers would create 1,300 jobs and $190 million in the city.

And that would be good for everyone: owners, consumers, and workers. Steven Cornell, owner of Brownie’s Hardware, said that small business pays good wages, typically above the minimum wage, as well as sick leave, health coverage, and other benefits. As he told the hearing, “Local businesses have been doing this for 20 to 30 years since we are already invested in the community.”

A step forward and step back for SF’s homeless families

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As San Francisco grapples with a record-high number of homeless families seeking shelter space during the holiday season, a pair of homeless policy discussions at yesterday’s Board of Supervisors meeting highlighted shortcomings and missed opportunities in the city’s approach to the issue.

Mayor Ed Lee announced that he is opening up more shelter space and public housing units for homeless families, finally relenting to weeks of pressure to address the pressing problem. Yet the board also narrowly approved turning surplus city property over to neighborhood residents rather than using proceeds from selling it to benefit homeless families, as city policies call for.

The property in question, 341 Corbett Avenue, is a vegetated hillside near Upper Market that the city declared a surplus property in 2004, transferring it to the Mayor’s Office of Housing to either develop as housing for poor families or to put the proceeds from its sale toward that purpose. Providing housing for the homeless is what city policy calls for surplus property to be used for, according to 2002’s Surplus City Property Ordinance. The property was assessed at $2.2 million, but it wasn’t developed because of costs associated with the steep hillside, nor was it listed for sale.

Neighbors of the property have sought to use the property for open space and a community garden, so the district’s Sup. Scott Wiener authored legislation to facilitate a community garden by transferring it to the Department of Public Works. The transfer would involve no money, leaving homeless advocates concerned about depriving homeless families of any revenues from the property.

“There are a lot of public assets we could sell if we wanted to fund this need or that,” Wiener told his colleagues, noting that neighbors would rather see a community garden on the site and that Upper Market lacks adequate open space.

But Sups. Jane Kim and Eric Mar led the opposition to the move, saying they didn’t object to that kind of community use of this property, but that city policies need to be followed, particularly considering the dire need for more resources to address the needs of homeless families. “I do have concerns about the precedent we set and also being consistent,” she said, arguing for a delay in the action until city officials find a way to compensate MOH for at least some of the property’s value.

“Overriding the surplus property ordinance is not something I want to do right now,” Sup. John Avalos said.

But the board voted 6-5 to approve the transfer, with progressive Sups. Kim, Avalos, Mar, David Campos, and Ross Mirkarimi in dissent. Housing advocates upset by the action directly their ire at the swing vote, one-time progressive Sup. David Chiu, with activist Tommi Avicolli Mecca sending out an e-mail blast saying, “david chiu betrayed us again — he wouldn’t support continuing the 341 Corbett item so that affordable housing advocates could try and work out a better deal with the Mayor’s Office on Housing and others.”

Meanwhile, the skyrocketing number of homeless families has become a big issue in town since the Guardian broke the story on Oct. 13, with repeated stories in the Chronicle, Examiner, and other media outlets, and homeless advocates staging rallies outside City Hall and unsuccessfully pushing for a meeting with Mayor Lee on the issue.

During yesterday’s monthly mayoral question time, Kim asked Lee what he was doing to address the “alarming rate” of homeless families in the city – with 267 families now on a wait list for emergency shelter space, a 356 percent increase since 2007 – specifically challenging him to expand the city’s Rental Subsidy Program by 50 families and open new emergency winter shelters. She also noted three recent suicides in the city by individuals facing homelessness.

“I share your concern about family homelessness in San Francisco. My staff has been hard at work for a long time now trying to proactively respond to this very serious challenge and I’m proud to offer some very constructive, tangible solutions,” Lee said. He announced that his administration had just this week starting expediting the placement of homeless families into vacant public housing units, with 18 families now being processed and a goal of placing about 30 of the 79 families now in shelters into public housing units.

Lee also said that SalesForce.com CEO Marc Benioff is donating $1.5 million to the Home for the Holidays program the city is creating to provide rent subsidies and case management to 160 families, a donation that the city will match. “Their generosity is inspiring,” Lee said.

He also pledged to open up an unspecified number of new family shelter spots and, somewhat bizarrely, tried to wrap this issue into his relentless focus on promoting private sector job creation, mostly through tax breaks that actually cut into the city’s ability to provide direct assistance to homeless families. As Lee said, “The long-term goal is to increase these families’ incomes and to place them into permanent unsubsidized housing.”

Progressives split on bag ban, ex-cons

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A couple of interesting votes at the Board of Supes Dec. 6. Sup. Ross Mirkarimi lost two pieces of legislation — a mandate that stores charge for bags at checkout counters and a tax credit for companies that hire ex-offenders.

The bag ban went down 7-4. Well, actually, it was continued to February, by which time Mirkarimi will be gone. Sup. Jane Kim said she wanted to see more outreach to minority businesses, and was quoted in the press saying she would support it at a future date, but I suspect the delay marks the end of the bill. Without Mirkarimi around to push it, the measure will probably just die. It’s odd because San Francisco used to be on the cutting edge of environmental issues; the bag ban is getting picked up by other cities and will probably be law all over the country in a decade.

Voting for the continuation were three supes who said they supported the “concept” — Scott Wiener, David Chiu and Kim.

The ex-offender tax credit went down 6-5 — and on this one, Sup. Malia Cohen, who is not always with the progressives but whose district has the largest number of parolees in the city, supported Mirkarimi. So did Kim, Eric Mar, and David Campos. The swing vote: Sup. John Avalos, the progressive leader in the mayor’s race and one of the most solid left votes on the board.

Avalos told me that he doesn’t support tax breaks; he’s been consistent on that, and I understand. I don’t support tax breaks, either. I don’t think they’re very effective and they cost the city money. But there are two elements that make this unusual — for one, if anyone actually used the tax credit and hired an ex-offender, the money the city would likely save by keeping that person from going back to jail would greatly exceed the amount of the tax reduction.

Besides, I was waiting to see Lee come up with an excuse to veto the bill — particularly at a time when more and more ex-offenders are going to be released in San Francisco. I know this is just petty politics and all that, but this was a tough decision involving a very unpopular group (nobody wants to be nice to former criminals) — and Lee got off easy.

Castro residents clash over proposed restrictions in public spaces

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UPDATE: This article has been changed to include three corrections.

Community activists in the Castro District of San Francisco have been riled up by recent legislation proposed to limit public use of the Harvey Milk and Jane Warner plazas.

The ordinance proposes to ban “wheeled equipment” and prevent people from sleeping, camping, or selling merchandise. Further, the ordinance limits the time that seating will be available to 9 a.m. to 9 p.m. 

“Poor people and low income people can’t live in the neighborhood anymore,” said community activist and Housing Rights Committee member Tommi Avicolli Mecca. “This ordinance is a response to people’s discomfort with people who look homeless in the plaza.”

Mecca believes that this legislation was pushed forward by the Castro/Upper Market Community Benefit District and the Merchants of Upper Market and Castro (MUMC) as a way to privatize the public spaces and, in effect, prevent homeless people from occupying them.

“(The legislation) talks about sleeping and camping. Who is doing that other than homeless people and what printed materials are being distributed other than the Street Sheets?” said Bob Offer-Westort human rights organizer for the Coalition for Homelessness. “All of this really clearly targets homeless people.”

Other community activists, such as blogger Mike Petrelis, believe that this legislation is a preemptive act against the Occupy movement and that meetings discussing the ordinance intentionally excluded activists like himself. “This new legislation is part of a downtown agenda to prevent an Occupy encampment set up,” said Petrelis.

Petrelis wrote about the legislation on his blog, and among his arguments he states that preventing tents to be present in Harvey Milk and Jane Warner plazas expresses direct disapproval of the movement.

“I read this and hear fear on the part of [Sup. Scott] Wiener, MUMC and the CBD that an Occupy the Castro encampment could take root at the top of Market Street,” he said.

Wiener, who is sponsoring the legislation, says that it was drafted under the Pavement to Parks effort to transform the space into park land and that the provisions are standard for that use. 

“We’re trying to have usable vibrant public space and this legislation will help us have it,” Wiener told us. “This legislation provides what we already have in our parks. It’s pretty basic provisions.”

Wiener says that many local merchants and advocates, such as the Sisters of Perpetual Indulgence, have been involved in discussions around of this legislation, but the Sisters have not taken a stand on the measure.

“The Sisters, as far as I know, have not made a collective effort one way or another on the legislation at this time,” said Sister Barbi Mitzvah in an email. “The Sisters individually can comment, but coming from the organization takes a majority vote as we are a 501c3 non profit.”

Whether this legislation addresses homelessness, an attempt to prevent an Occupy Castro movement, or if it is to create a “usable vibrant public space,” the community is demanding participation in this decision.

“Both plazas play a vital role in the Castro community,” Petrelis said. “So why won’t he hold a public meeting?”

 

Rank complaints

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steve@sfbg.com

Even before all the votes had been cast on election day, the two most conservative members of the San Francisco Board of Supervisors proposed a ballot measure to repeal the city’s ranked-choice voting (RCV) system, prompting all the usual critics of this voter-approved electoral reform to denounce it as confusing and undemocratic.

Those same two supervisors, Sups. Sean Elsbernd and Mark Farrell, were also the ones who unsuccessfully pushed for a weakening of the public financing system last month, changes that will likely be wrapped into discussions in the coming weeks over how elections are conducted in the city. And progressive supporters of both systems warn that district supervisorial elections will probably be the next target of this concerted push to roll the clock back on electoral reforms in the city.

"The [San Francisco] Chronicle and the [San Francisco] Chamber [of Commerce] have been at it from day one," Steven Hill, who helped crafted both the RCV and public financing systems, told us. "They’re really clear about what they want to eliminate, so we should be clear about what we need to defend and we can’t get confused by this."

Indeed, the Chronicle ran an editorial Nov. 14 advocating the repeal of ranked-choice, calling it "a fundamentally flawed system that is fraught with unintended consequences." The paper, as well as its allies at the Chamber and other downtown institutions, has been equally vociferous in criticizing public financing and district elections.

Hill said that’s because moneyed interests prefer systems that they can manipulate using the millions of dollars in unregulated independent expenditures they can summon — an ability they demonstrated again in his election on behalf of Mayor Ed Lee — such as low-turnout runoff elections, citywide supervisorial races, and elections without the countervailing force of public financing. "They’ve been doing this steadily and looking for ways to chip away at it," Hill said.

But conservatives aren’t the only ones raising questions about RCV; some progressives say the system needs adjustment, too.

Although Farrell opposes all three of those electoral reforms, he insists that his concerns about RCV are about voter confusion and the perception that winners don’t have majority support and could be viewed as illegitimate. "There is just so much voter confusion out there," Farrell said, citing comments from voters who don’t understand how their votes are tabulated to produce a winner.

Hill counters that voters do have a clear understanding of how to rank their choices, downplaying the importance of whether they understand all the details of what happens next. But Farrell said that and the majority rule issue have undermined people’s faith in the elections.

"People get very upset when they realize someone didn’t get a majority of the vote," he told us, referring to how the majority threshold drops as voters’ top three candidates are eliminated. "To me, it’s just simpler to go back to the runoff system."

Many moderate politicians agree. "I don’t like ranked choice voting and I never have," City Attorney Dennis Herrera, who finished third in the mayor’s race, told us on election night. "I defended it all the way to the 9th Circuit [Court of Appeals in his role at City Attorney], but I think it’s bad policy."

Sup. Scott Wiener, a Herrera supporter we spoke to at the same election night party, also wants to see a change. "I supported ranked-choice voting and until recently I continued to support it, but this race changed by mind," Wiener said, attributing the large mayoral candidate field and free-for-all debates to RCV. "There is no way most voters will be able to distinguish among the candidates."

But Hill says it’s a mistake to attribute the large field to RCV, or even to the public financing system that some are also trying to blame, a problem he said can be addressed in other ways, such as changing when and how candidates qualify for public matching funds.

Wiener said he hasn’t made up his mind about repealing RCV, and he said that he absolutely opposes a return to the December runoff election. One alternative he suggested was a system like that in place in New York City, with the initial election in September and the runoff during the general election in November. But he does think some change is needed, and he’s glad Elsbernd and Farrell proposed an RCV repeal.

"They’re starting a conversation with the repeal, but that’s not where it’s going to end," Wiener said.

Indeed, the system still has the support of most progressives, even Sup. John Avalos, who finished second in the mayor’s race and would now be headed into a runoff election against Ed Lee under the old system. "I continue to support ranked choice voting," Avalos told us. It takes six supervisors to play the charter amendment repealing RCV on the ballot.

Sup. Ross Mirkarimi, who was narrowly elected sheriff in the ranked-choice runoff despite a 10-point lead in first place votes, said of the Farrell and Elsbernd proposal, "I do want to hear their criticisms."

"I understand the larger discussion, which was a bit of a misguided approach that some of our colleagues used to go after ranked choice voting on election day," Mirkarimi said. "But they are good politicians and they seized an opportunity."

Mirkarimi did say he was open to "maybe some tweaks. I do think ranked choice works better when you have many choices." Others, such as former Sup. Matt Gonzalez, have also recently advocated a ranked-choice system that allows more choices, which would address the majority-vote criticism because fewer ballots would be exhausted.

Hill said the legislation that voters approved back in 2002 already calls for more choices, but the technology used in the city’s current system only allows three choices. Yet he said the city’s vendor, Dominion Voting Systems, has developed a system allowing up to 11 choices, for which it is currently seeking federal certification.

Although he said various tweaks are possible, "I think the system worked well in this election," Hill said, noting that few San Franciscans would have wanted to drag this long campaign out by another month or to pay for another election.

What the early numbers show

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For starters, they show that turnout is going to be low. Some people predict that the absentees will represent almnost half the votes cast; if that’s the case, then total turnout will be around 30 percent. I think that’s low — but it’s a safe bet that fewer than half the registered voters have gone to the polls.

If the low turnout trend continues, then Ed Lee’s lead is insurmountable.

The numbers suggest that Michela Alioto-Pier — who is in seventh place, only a few votes ahead of the widely discredited Tony Hall — is going nowhere. The same goes for Jeff Adachi, who is in sixth place.

Interesting also that David Chiu is ahead of Leland Yee (only by a handful of votes, but still ahead) in what looks like a westside and Chinatown absentee turnout. 

Scott Wiener isn’t faring well tonight; both of his measures (Prop. E, which would allow the supervisors to amend some ballot initiatives) and Prop. F (which would change the registration requirements for political consultants) are losing badly.

I’m a little nervous about the sales tax, Prop. G., which needs a two-thirds vote and is now trailing 57-42. That’s a lot of ground to make up — and if it loses, it blows a big hole in the mayor’s budget.

On Guard!

4

news@sfbg.com

 

VICTORY’S MUDSLINGING

Hit pieces are common in San Francisco politics. So, sadly, are negative mailers funded by outside independent expenditure committees that can raise unlimited money.

But it’s highly unusual for an organization devoted to electing queer candidates to fund an attack on a candidate who is endorsed by both leading LGBT organizations and is, by all accounts, an ally of the community.

That’s what happened last week when the Washington-based Victory Fund — the leading national organization for LGBT political candidates — sent out a bizarre mailer blasting City Attorney Dennis Herrera for taking money from law firms that do business with the city.

The Victory Fund has endorsed former Sup. Bevan Dufty, who is the most prominent LGBT candidate in the mayor’s race. That’s to be expected; it’s what the Victory Fund does.

But why, in a race with 16 candidates, would the fund go after Herrera, who has spent much of the past seven years fighting in court for marriage equality? Why try to knock down a candidate who has the support of both the Harvey Milk Club and the Alice B. Toklas Club?

It’s baffled — and infuriated — longtime queer activist Cleve Jones, who is a Herrera supporter. “I have long respected the Victory Fund,” Jones told us. “But I’ve never seen them do what they did here. And it’s going to undermine the fund’s credibility.”

Jones dashed off an angry letter to the fund’s president, Chuck Wolfe, saying he was “appalled that this scurrilous attack, in the waning days of a mayoral campaign, would go out to the San Francisco electorate under the name of the Victory Fund.

“You really screwed up, Chuck, and I am not alone in my anger.”

We couldn’t get Wolfe on the phone, but the fund’s vice president for communications, Denis Dison, told us that the mailer “is all about fighting for our endorsed candidates.”

So how does it help Dufty, in a ranked-choice election, to attack Herrera? (In fact, given the dynamics of this election, the person it helps most is probably Mayor Ed Lee). Dison couldn’t explain. Nor would he say who at the fund decided to do the attack mailer.

But there are a couple of interesting connections that might help explain what’s going on. For starters, Joyce Newstat, a political consultant who is working for the Dufty campaign, is active in the Victory Fund, sits on the board of the fund’s Leadership Institute, and, according to a March 24 article in the Bay Area Reporter, was among those active in helping Dufty win the Victory Fund endorsement.

But again: Supporting Dufty is one thing. Attacking Herrera is another. Who would want to do that?

Well, if there’s one single constituency in the city that would like to sink Herrera, it’s Pacific Gas and Electric Co. And guess what? PG&E Governmental Affairs Manager Brandon Hernandez chairs the Victory Fund’s Leadership Institute. PG&E’s corporate logo appears on the front page of the fund’s website, and the company gave the Victory Fund more than $50,000 in 2010, according to the fund’s annual report.

Dison insisted that neither Hernadez nor anyone else from PG&E was involved in making the decision to hit Herrera and said the money went to the Leadership Institute, which trains LGBT candidates, not directly to the campaign fund.

Maybe so –- but the folks at the private utility, who are among the top three corporate donors to the Victory Fund, have to be happy. (Tim Redmond)

 

 

HERRERA HIT BACKFIRES

Herrera was also the target of another attack on his LGBT credentials last week, this one by the San Francisco Chronicle, which ran a front page story on Oct. 26 in which anonymous sources said he raised doubts in private City Hall meetings about San Francisco’s decision to issue same-sex marriage licenses in 2004. It was entitled, “Fight turns ugly to win gay votes in mayor’s race.”

Despite trying to couch the hit in passive language, writing that ” a surprise issue has emerged” based on accusations “leveled by several members of former Mayor Gavin Newsom’s administration,” it was clear that it was the Chron that made it an issue, for which the newspaper was denounced by leaders of the LGBT community from across the political spectrum at a rally the next day.

“Those who are saying this now anonymously are as cowardly as Dennis and Gavin were courageous back then,” said Deputy City Attorney Theresa Stewart, the lead attorney who defended San Francisco’s decision in 2004 to unilaterally issue marriage licenses to same-sax couples, in defiance of state and federal law, which eventually led to the legalizing of such unions. “We can’t have our community turn on us for petty political gain.”

“WTF, Chronicle?” was how Assemblymember Tom Ammiano began his speech, going on to lay blame for the attack on surrogates for Mayor Ed Lee. Ammiano also called out the mayor for campaign finance violations by his supporters, for undermining the Healthy San Francisco program that was created by Ammiano’s legislation, and for repeatedly ordering police raids on the OccupySF encampment.

“How about some fucking leadership?!” Ammiano said.

Cleve Jones, an early gay rights leader who marched with Harvey Milk, also denounced Lee and his supporters for cronyism, vote tampering, money laundering, and the “fake grassroots” efforts of the various well-funded independent expenditure campaigns, which he said have fooled the Chronicle.

“To the Chronicle and that reporter — really? — this is what you do two weeks before the election? You should be ashamed of yourself,” Jones said. “How stupid do you think we are?”

Yet Chronicle City Editor Audrey Cooper defended the article. “Clearly, I disagree [with the criticisms],” she told the Guardian. “I personally vetted every one of the sources and I’m confident everything we printed is true.” She also tried to cast the article as something other than a political attack, saying it was about an issue of interest to the LGBT community, but no LGBT leaders have stepped up to defend the paper.

Beyond criticizing the obvious political motivations behind the attack, speakers at the rally called the article bad journalism and said it was simply untrue to suggest that Herrera didn’t strongly support the effort to legalize same-sex marriage from the beginning.

“I can tell you that Dennis never once shrank from this fight. I was there, I know,” Stewart said, calling Herrera “a straight ally who’s devoted his heart and soul to this community.”

Sen. Mark Leno, who introduced the first bill legalizing same-sex marriage to clear the Legislature, emphasized that he isn’t endorsing any candidates for mayor and that he didn’t want to comment on the details of the article’s allegations. But he noted that even within the LGBT community, there were differences of opinion over the right timing and tactics for pushing the issue, and that Herrera has been a leader of the fight for marriage equality since the beginning.

“I am here to speak in defense of the character and integrity of our city attorney, Dennis Herrera,” Leno said, later adding, “I do not appreciate when the battle for our civil rights is used as a political football in the waning days of an election.”

Molly McKay, one of the original plaintiffs in the civil lawsuit that followed San Francisco’s actions, teared up as she described the ups and downs that the case took, working closely with Herrera throughout. “But this is one of the strangest twists I can imagine,” she said of the attack by the Chronicle and its anonymous sources. “It’s ridiculous and despicable.”

Representatives for both the progressive Harvey Milk LGBT Democratic Club and fiscally conservative Alice B. Toklas LGBT Democratic Club also took to the microphone together, both saying they often disagree on issues, but they were each denouncing the attack and have both endorsed Herrera, largely because of his strong advocacy for the LGBT community.

Sup. Scott Wiener called Herrera, “One of the greatest straight allies we’ve every had as a community.”

When Herrera finally took the microphone, he thanked mayoral opponents Joanne Rees and Jeff Adachi for showing up at the event to help denounce the attack and said, “This is bigger than the mayor’s race. It’s bigger than me.”

He criticized those who would trivialize this issue for petty political gain and said, “It was my pleasure and honor to have been a part of this battle from the beginning — from the beginning — and I’ll be there in the end.” (Steven T. Jones)

 

 

BUYING REFORM

UPDATE: THIS ITEM HAS BEEN CHANGED FROM THE PRINT VERSION TO CORRECT INACCURATE INFORMATION DEALING WITH WHETHER PAST INIATIVES CAN BE CHANGED

October yielded tremendous financial contributions from real estate investors and interest groups for Yes on E, feeding fears that the measure will be used to target rent control and development standards in San Francisco.

Sup. Scott Wiener has been the biggest proponent for Prop E since May 2011. He argues that the Board of Supervisors should be able to change or repeal voter-approved ballot measures years after they become law, saying that voters are hampered with too many issues on the ballot. Leaving the complex issues to city officials rather than the voters, makes the most sense of this “common sense measure”, Wiener calls it.

But how democratic is a board that can change laws approved by voters? Calvin Welch, a longtime progressive and housing activist, has his own theory: Wiener is targeting certain landlord and tenant issues that build on the body of laws that began in 1978, when San Francisco voters first started adopting rent control and tenants protection measures. Yet the measure will only allow the board to change initiatives approved after January 2012.

“That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said. Critics say  the measure will leave progressive reforms vulnerable to a board heavily influence by big-money interests. Although Wiener denies Prop E is an attack on tenants, who make up about two-thirds of San Franciscans, the late financial support for the measure is coming from the same downtown villains that tenant and progressive groups fight just about every election cycle. High-roller donations are coming straight from the housing sector, which would love a second chance after losing at the ballot box.

Contributions to Yes on E include $15,000 from Committee on Jobs Government Reform Fund, $10,000 from Building Owners and Managers Association of SF PAC, another $10,000 from high-tech billionaire Ron Conway, and $2,500 from Shorenstein Realty Services LP. Then — on Oct. 28, after the deadline for final pre-election campaign reporting — the San Francisco Association of Realtors made a late contribution of another $18,772, given through the front group Coalition for Sensible Government.

Prop. E is organized so that the first three years, an initiative cannot be subject to review. However after four years, a two-thirds majority vote by the board could make changes, and after sevens years, a simple majority could do so.

 (Christine Deakers)

SF supervisors support OccupySF’s 24/7 encampment

56

The San Francisco Board of Supervisors today approved a resolution supporting Occupy Wall Street and the right of OccupySF to maintain a 24/7 encampment in Justin Herman Plaza, although sponsors of the measure narrowly lost a fight over amending the measure to allow police to use force if “there is an objective threat to safety or health.”

The sponsors of the measure – Sups. John Avalos, David Campos, Eric Mar, and Jane Kim – noted that heath and safety concerns were used as a pretext for both police raids on OccupySF and for last week’s violent police crackdown on the Occupy Oakland encampment, something San Francisco officials uniformly say they want to avoid here. Those four sponsors were joined by Sup. Ross Mirkarimi in opposing the amendment by Sup. Scott Wiener, which passed on a 6-5 vote.

But the overall measure – which urges Mayor Ed Lee to drop his opposition to tents and other camping infrastructure and not order another police raid on the camp – was then approved on an 8-3 vote, with Sups. Mark Farrell, Carmen Chu, and Sean Elsbernd in dissent. Farrell and Chu both expressed support for the movement’s call for addressing severe economic inequities in the country, but they oppose the tactic of occupation.

Board President David Chiu, the swing vote on allowing the resolution to be watered down, said his vote was an effort to get as much support for the measure as possible. “For me, it was important to build consensus here at the board,” he said, praising the work that city officials and OccupySF participants have done to resolve their differences. “I have been very impressed with the behavior of individuals involved in this movement.”

Wiener had made a number of amendments to the resolution that Avalos accepted without objection, drawing the line only at the change that would specifically allow for police to use force to dislodge the protesters. While the nonbinding resolution doesn’t compel any action by Lee or the SFPD, Avalos praised the mayor for meeting privately with OccupySF members after he seemed to take a firm public stand again allowing camping.

“I do want to thank the mayor for coming to the table on how our public spaces can be used,” Avalos said. Kim echoed the point, noting that, “A ton of progress has been made.” The Mayor’s Office has not yet responded to Guardian requests for comment on the resolution or his current position on OccupySF, but we’ll update this post when we hear back.

Wiener and others also thanked Avalos for taking the lead role in addressing this issue. “I want to thank Sup. Avalos for being so open and collaborative,” Wiener said, noting that he’s been very impressed with how OccupySF has handled itself throughout the standoff. “I’m very supportive of OccupySF…It’s been incredibly peaceful and people have been friendly and passionate.”

LGBT leaders denounce attack on Herrera by the Chronicle

20

Leaders of the LGBT community from across the political spectrum yesterday denounced the San Francisco Chronicle and the anonymous sources it relied on to question City Attorney Dennis Herrera’s early support for legalizing same-sex marriage, calling the paper’s front page article a thinly veiled political hit piece designed to hurt Herrera’s mayoral campaign.

That strong showing of support in the LGBT community and the view offered by many that the attack came from supporters of Mayor Ed Lee – including top former Newsom Administration officials, some of whom now work for Lee – could not only mitigate damage from the article but further sully a Lee election effort that is already marred by allegations of vote tampering, money laundering, and deceptive campaign tactics.

“Those who are saying this now anonymously are as cowardly as Dennis and Gavin were courageous back then,” said Deputy City Attorney Theresa Stewart, the lead attorney who defended San Francisco’s decision in 2004 to unilaterally issue marriage licenses to same-sax couples, in defiance of state and federal law, which eventually led to the legalizing of such unions. “We can’t have our community turn on us for petty political gain.”

“WTF, Chronicle?” was how Assemblymember Tom Ammiano began his speech, going on to lay blame for the attack on surrogates for Lee. Ammiano also called out the mayor for campaign finance violations by his supporters, for undermining the Healthy San Francisco program that was created by Ammiano’s legislation, and for repeatedly ordering police raids on the OccupySF encampment.

“How about some fucking leadership?!” Ammiano said.

Cleve Jones, an early gay rights leader who marched with Harvey Milk, also denounced Lee and his supporters for cronyism, vote tampering, money laundering, and the “fake grassroots” efforts of the various well-funded independent expenditure campaigns, which he said have fooled the Chronicle.

“To the Chronicle and that reporters – really? – this is what you do two weeks before the election? You should be ashamed of yourself,” Jones said. “How stupid do you think we are?”

Yet Chronicle City Editor Audrey Cooper defended the article and disputed the political motivations of its sources. “Clearly, I disagree [with the criticisms],” she told the Guardian. “I personally vetted every one of the sources and I’m confident everything we printed is true.”

Beyond criticizing the obvious political motivations behind the attack, speakers at the rally called the article bad journalism and said it was simply untrue to suggest that Herrera didn’t strongly support the effort to legalize same-sex marriage from the beginning.

“I can tell you that Dennis never once shrank from this fight. I was there, I know,” Stewart said, calling Herrera “a straight ally who’s devoted his heart and soul to this community.”

Sen. Mark Leno, who introduced the first bill legalizing same-sex marriage to clear the Legislature, emphasized that he isn’t endorsing any candidates for mayor and that he didn’t want to comment on the details of the article’s allegations. But he noted that even within the LGBT community, there were differences of opinion over the right timing and tactics for pushing the issue, and that Herrera has been a leader of the fight for marriage equality since the beginning.

“I am here to speak in defense of the character and integrity of our city attorney, Dennis Herrera,” Leno said, later adding, “I do not appreciate when the battle for our civil rights is used as a political football in the waning days of an election.”

Ammiano also noted that even if Herrera raised doubts in early meetings, that was entirely appropriate given his role as city attorney. “Even if there are some questions, they’re about helping, not hurting,” he said, expressing disgust at the Newsom Administration officials for turning on someone who was instrumental to defending the decision: “In my day, you valued your friendships.”

Molly McKay, one of the original plaintiffs in the civil lawsuit that followed San Francisco’s actions, teared up as she described the ups and downs that the case took, working closely with Herrera throughout. “But this is one of the strangest twists I can imagine,” she said of the attack by the Chronicle and its anonymous sources. “It’s ridiculous and despicable.”

Representatives for both the progressive Harvey Milk LGBT Democratic Club and fiscally conservative Alice B. Toklas LGBT Democratic Club also took to the microphone together, both saying they often disagree on issues, but they were each denouncing the attack and have both endorsed Herrera, largely because of his strong advocacy for the LGBT community.

Sup. Scott Wiener called Herrera, “One of the greatest straight allies we’ve every had as a community.”

When Herrera finally took the microphone, he thanked mayoral opponents Joanne Rees and Jeff Adachi for showing up at the event to help denounce the attack and said, “This is bigger than the mayor’s race. It’s bigger than me.”

He criticized those who would trivialize this issue for petty political gain and said, “It was my pleasure and honor to have been a part of this battle from the beginning – from the beginning – and I’ll be there in the end.”

The new attack on Herrera

25

Well, the salvo coming from the Lee campaign trying to smear Dennis Herrera for not being a strong enough supporter of same-sex marraige shows at least one thing: The race is closer than the polls are reporting.

For the former staffers of Gavin Newsom — and everyone knows who they are, because there weren’t that many people in those meetings — to come forward two weeks before the election with these allegations was a serious political risk. For starters, Herrera is really popular in the LGBT community, and already, much of the city’s queer leadership (including Tom Ammiano, Mark Leno and Scott Wiener) has responded by denouncing the attack. The three, along with Phyllis Lyon and representatives of both major clubs, Harvey and Alice, will be holding a press conference Oct. 27 in the Castro. A letter that went out today under Lyon’s name notes:

A petty smear campaign is underway to personally discredit City Attorney Dennis Herrera over his years of work for marriage equality.  Incredibly, despite all the heroic efforts of Dennis and his office right from the start, anonymous sources have pushed a story in the San Francisco Chronicle that Dennis wasn’t “supportive” of Mayor Newsom’s decision to issue same-sex marriage licenses back in February 2004.  It’s not true.  These politically motivated attackers are hoping we’ll forget the years of hard work Dennis and his deputies invested — and continue to invest even now, in the federal challenge to Prop 8 — for LGBT equality.

So this could easily backfire and wind up focusing attention on all of Herrera’s LGBT support.

It’s also a risk for Lee. Although his name isn’t on any of this, his people are clearly behind it; Newsom (who just endorsed Lee) and his former staffers (some of whom are now Lee’s staffers) wouldn’t have contacted the Chronicle and pushed this story without the knowledge and permission of the mayor and his senior campaign people. Wiener, who is often one of Lee’s allies on the board, is clearly unhappy about the blast at his former boss. Leno, who isn’t involved in the election all, is now going to be pissed at the mayor. And if this winds up looking like a Lee-sponsored political swipe at an LGBT community ally, Lee’s going to lose votes and support.

So why do it? It makes no sense — Lee has tried to appear as the candidate of civility and reason, above the mudslinging fray. He’s trying to act so much like the inevitable winner that he doesn’t even show up for a lot of the debates and forums. There’s no point in dishing this kind of story up — unless the Lee camp has polling data showing the race tightenting and Herrera emerging as a serious challenger.

It’s a pretty basic rule in campaigns: You don’t risk political capital attacking candidates who are no threat to you. So if I were Herrera, I’d be mad — but also encouraged. They’re obviously worried.

On Guard!

1

news@sfbg.com

ORACLE’S DIRTY SECRET

If wealth trickled down from Oracle’s OpenWorld conference in San Francisco last week, very little of it reached a small group of low-wage laborers hired from out of state to set up for a concert hosted as an event highlight on Treasure Island.

Oracle is a prominent Bay Area tech company helmed by Larry Ellison, the billionaire CEO who worked closely with top city officials to bring the America’s Cup sailing regatta to San Francisco.

The Oct. 5 Oracle OpenWorld concert on Treasure Island featured Sting and Tom Petty as headliners. Registration packages for the weeklong tech conference, which drew some 45,000 attendees to San Francisco, ranged from $1,395 to $2,595.

A member of the carpenters union contacted the San Francisco Office of Labor Standards & Enforcement (OLSE) Sept. 16 to formally complain that a construction crew assembling a large seating structure for the event was being paid less than the city-mandated minimum wage of $9.92 per hour, city documents show.

Josh Pastreich, an OLSE official, went to the worksite to interview crew members. Their names were redacted from public records, but Pastreich described them as monolingual Spanish speakers who travel from city to city building seating arrangements for major events.

“Everyone is being paid $8 an hour (except for the supervisors),” he reported in a city document. “Workers generally started at 6:30 am but there was a little confusion about quitting times.” At least one work day lasted 11 and a half hours, according to a timesheet. The workers were hired by subcontractors brought in by Hartmann Studios, an events management outfit working directly for Oracle.

“We made a phone call, and sent them some emails,” OLSE director Donna Levitt explained. “Nobody said, ‘we intended to pay them the [legal] rate,'” but the subcontractors increased workers’ hourly wages to comply with San Francisco minimum wage ordinance requirements, Levitt said. Since the company adjusted the rate immediately, no fines were issued. There were fewer than 20 workers on the project.

OLSE did not correspond with Oracle directly, but spoke to the subcontractors. One was T & B Equipment, a Virginia-based company. “We were not aware of the minimum wage there, but we fixed it before the payroll was done,” a T & B representative identified only as Mr. Waller told the Guardian. Lewmar, a Florida-based subcontractor, assisted with staffing for the job. Oracle, Hartmann Studios, and Lewmar did not respond to Guardian requests for comment.

Since the enforcement agency intervened, the laborers earned $9.92 per hour instead of $8 — still well below the average Bay Area payscale for similar work. Building bleachers is comparable to raising scaffolding for major construction projects, and the prevailing wage for unionized scaffolding erectors in California is $37.65 per hour, or $62.63 when benefits are factored in.

None of the workers were from San Francisco, which likely spurred the carpenters union complaint — Carpenters Local 22 has faced significant losses in membership since the economic downturn due to high levels of unemployment disproportionately impacting the construction sector. Represenatives from Local 22 did not return calls seeking comment.

Boosters of the America’s Cup have hailed the upcoming sailing event as an engine for local job creation, but Oracle’s use of low-wage, out-of-state laborers at its pricey, high-profile OpenWorld event raises questions. While the tech company is a separate outfit from the America’s Cup organizing team, Ellison holds leadership positions at both.

Ellison was named the world’s sixth wealthiest individual in a Forbes profile in 2010, with a net worth of $28 billion. His total compensation last year was listed as $70,143,075. That’s 3,399 times the amount a person earning $9.92 an hour would make in a year working 40 hours every week — before taxes, of course. (Rebecca Bowe)

 

LEE’S TELLING VETO

The Board of Supervisors approved legislation to close a gaping loophole in the city’s landmark Health Security Ordinance on Oct. 4, in the process forcing Mayor Ed Lee to promise his first veto and reveal his allegiance to business interests over labor and consumer groups.

Sup. David Campos sponsored legislation that would prevent SF businesses from pocketing money they are required to set aside for employee health care, seizures that totaled about $50 million last year. These health savings accounts are often used by restaurants who charge their customers a 3-5 percent surcharge, ostensibly for employee health care, instead simply keeping most of the money.

Despite aggressive lobbying against the measure by the San Francisco Chamber of Commerce — which went so far as to threaten to withdraw support for Prop. C, the pension reform measure it helped craft with Lee and labor unions — the Board of Supervisors approved the measure on a 6-5 vote on first reading (final approval was expected Oct. 11 after press time).

But then Lee announced that he would veto the measure, claiming it was about “protecting jobs,” a stand that was criticized in an Oct. 5 rally on the steps of City Hall featuring labor unions, consumer advocates, and mayoral candidates John Avalos, Leland Yee, Dennis Herrera, and Phil Ting.

Lee and Board President David Chiu — who voted against the Campos legislation, along with Sups. Sean Elsbernd, Mark Farrell, Carmen Chu, and Scott Wiener — have each offered alternative legislation that lets businesses keep the money but make some minor reforms, such as requiring businesses to notify employees that these funds exist.

Both Lee and Chiu talk about seeking “compromise” and “consensus” on the issue, but Campos and his allies say it’s simply wrong for businesses to take money that belongs to the employees, to gain a competitive advantage over rivals who actually offer health insurance or pay into the city’s Healthy San Francisco program, and to essentially commit fraud against restaurant customers.

“This money belongs to the workers and it’s something that consumers are paying for,” Campos said. “We have a fundamental disagreement.” (Steven T. Jones)

 

ET TU, DAVID CHIU?

In a press release on Oct. 6, mayoral candidate David Chiu stated his concerns over Mayor Ed Lee’s potentially illegal campaign contributions from employees of the GO Lorrie airport shuttle service. That company benefited from a decision by airport officials in September and then offered to reimburse employees for making $500 contributions to Lee, according to a Bay Citizen report.

“These revelations raise deeply troubling questions that merit a full investigation by state authorities. City Hall cannot be for sale. Pay-to-play politics has no place in San Francisco, and will have no place in a Chiu administration — you can count on that,” he said in the release.

But has Chiu — one of the top fundraisers in the mayoral field — been engaging in a little pay-to-play of his own? That was the question we had after we saw that he had received lots of donations from restaurant owners, whose side he took last week in opposing Sup. David Campos’ legislation to keep them from raiding their employee health care funds.

The Golden Gate Restaurant Association (GGRA) waged unsuccessful legal battles against the Health Care Security Ordinance and lobbied against Campos’ recent reforms of its loophole. And in the latest donation cycle, the GGRA donated the maximum $500 to the Chiu campaign. Other Bay Area food services contributed up to $5,950.

So the question remains, despite Chiu’s posturing against “pay-to play politics”— are these food service companies contributing to Chiu’s campaign because he’s doing their bidding in opposing the Campos measure and sponsoring an alternative that lets them keep most of the money?

When Liane Quan, co-owner of SF’s Lee’s Deli, was asked if the health care legislation was a reason she donated, she said, “Yes, that’s one reason.” She then hesitated to elaborate why. Members of the Quan family associated with Lee’s Deli contributed a total of $1,000 to the campaign.

Maurizio Florese, an Italian-speaking co-owner of Mona Lisa’s Restaurant who contributed $100, didn’t want to talk about his contribution or employee health care. Neither did his wife and co-owner, Filomena Florese, who is also President of Mona Lisa Inc., which manufactures chocolate and pastry products.

In fact, despite leaving messages at seven local restaurants who donated to Chiu, none wanted to talk. But we did finally get ahold of Chiu campaign manager Nicole Derse, who said Chiu has a broad array of supporters and his donations from restaurants had nothing to do with his stance on the Campos legislation.

“There definitely is no correlation at all,” she told us. “Any suggestion to the contrary is ludicrous.” (Christine Deakers)

Will Mayor Lee veto legislation that helps workers and protects consumers?

10

After the Board of Supervisors today voted 6-5 to bar San Francisco businesses from pocketing money they and their patrons set aside for employee health care, Mayor Ed Lee faces a tough but telling choice: Whether to heed business community demands that he veto legislation that has wide labor and consumer support.
A veto is widely expected, but complicating that decision is the position that was staked out today by one of his main rivals as a mayoral candidate, Leland Yee, who issued a statement echoing supporters claims that this is an issue of workers’ rights and consumer protection versus corporate greed: “This is a defining issue of who we are as a city. If Ed Lee vetoes this legislation, one of my first acts as Mayor will be to reverse his veto and sign this legislation into law.”
Neither Lee’s mayoral nor campaign spokespersons answered a Guardian email about whether he will veto the measure, which would kill it unless two supervisors who opposed the measure (David Chiu, Sean Elsbernd, Mark Farrell, Carmen Chu, and Scott Wiener) break ranks, which is unlikely given the polarization on this measure. San Francisco Chamber of Commerce officials have made a top priority of killing the measure, even threatening to withdraw support from Prop. C, the pension reform measure that they helped create with Lee.
At issue is the roughly $50 million per year that San Francisco businesses have been taking from health savings accounts they create for employee health care – funds that are often subsidized by 3-5 percent surcharges that many restaurants have chosen to tack onto their customers bills – under legislation that then-Sup. Tom Ammiano created to require employers to provide health care coverage for their employees.
The position of the Chamber – which fought Ammiano’s legislation and supported years of unsuccessful lawsuits challenging it – is that this $50 million “loss” to city businesses would be a “job killer.” Chiu has also accepted that paradigm and introduced legislation that would let businesses use that money, but require them to let employees know they can tap into it and other reforms. But supporters of the legislation say these businesses are deceiving their customers, defying city law, and stealing from their employees.
“People have tried to complicate this issue, but it is a simple issue. It’s about the right of workers to have health care,” Sup. David Campos, the author of the legislation, said at today’s hearing.
Campos said he would limit his comments, given how widely the issue has already been discussed, and he announced a limitation on how long employees could tap the fund after their termination “in the spirit of compromise.” But then opposing supervisors attacked the measure, its timing, and supporters’ refusal to “compromise,” with Elsbernd chiding Campos that his legislation is “not the best way to encourage jobs.”
So Campos went into more detail about why his measure was needed, noting that Chiu’s alternative would cap an employee’s access to health care at just $4,300, far less than the cost of a night’s hospital stay and a small fraction of the cost of a serious ailment. “You’re looking at a situation where very little could be provided for them,” Campos said.
He also said how important it is to ban the fraudulent practice of restaurants charging customers for employee health care costs and then simply keeping the money, a practice that a recent Wall Street Journal investigation discovered was widespread. Campos said 80 percent of the money collected on diners’ bills is pocketed by the restaurants.
“When consumers are paying for this, the expectation is that workers will have basic coverage,” Campos said, noting that his legislation would guarantee that “every cent that that consumer pays is actually spent on health care…This is not just about workers, it’s about consumer protection.”
Even worse, Campos noted that these consumers are actually paying twice for restaurant employees’ health coverage, first on their dinner bills, and then again as taxpayers when those uninsured employees end up in General Hospital with their expenses paid for by the city.
Under the federal ERISA law – which was the basis for the failed lawsuit challenging the city program, brought primarily by the Golden Gate Restaurant Association – the city cannot tell employers how to provide health coverage, and so they have the option of providing health insurance, paying into the city’s Healthy San Francisco plan, or providing the medical savings accounts that this legislation addresses.
Sup. Jane Kim said she supported the legislation largely because of the horror stories she’s heard from employees who not only weren’t told of the existence of these accounts, but who were denied payment for medical procedures even after they learned about them. She also said the city could be vulnerable to another ERISA lawsuit if it took Chiu’s approach of directing how businesses used their funds, citing an earlier discussion of the board’s role in protecting the city from litigation.
On that issue, Kim today introduced an alternative to legislation by Farrell and Elsbernd that would end the city’s program of providing matching funds to publicly financed mayoral and supervisorial candidates once their privately financed competitors break the spending cap. The US Supreme Court recently ruled a similar program in Arizona to be unconstitutional.
The Chamber and other downtown groups – mostly supporters of Mayor Lee, who are close to breaking the spending limits – had signaled their intent to sue the city over the issue. The Farrell/Elsbernd legislation, which needed eight votes to change the voter-approved program, today failed on a 6-5 vote, with Sups. Campos, Kim, John Avalos, Eric Mar, and Ross Mirkarimi opposed.

Alerts

0

steve@sfbg.com

 

MONDAY 3

CMAC mayoral forum

San Francisco Police crackdowns on nightclubs and private parties, with the tactic and sometimes overt support by then-Mayor Gavin Newsom, led to the creation of the California Music and Culture Association to advocate for the city’s nightlife (see “The new War on Fun,” 3/23/10). Now, CMAC is hosting a mayoral candidate forum to gauge how the next potential inhabitants of Room 200 feel about issues relevant to party-goers and -throwers. The event will be moderated by Priya David Clemens and will feature remarks by Lyrics Born and Sup. Scott Wiener and musical performances by Bob Mould and Zoe Keating.

6-9 p.m., free

The Fillmore

1805 Geary, SF

rsvp to sfmayoralcandidateforum.eventbrite.com

 

The state of labor

Wilma Liebman, former chair of the National Labor Relations Board, gives a talk entitled “The Battle for a Fair and Realistic National Labor Policy.” Liebman stepped down as chair last month — after 14 years serving on the board, the third longest serving member in its history — during one of the most turbulent years in the body’s history. The event, sponsored by SF State’s Labor and Employment Studies Program, is the first Gerald McKay Memorial Lecture.

6-8 p.m., free

SF State’s Downtown Campus

885 Market, 5th Floor, SF

817-4300

rsvp to jlogan@sfsu.edu

 

 

New Coffee Party

The Coffee Party, a consensus-seeking political group formed in reaction to the reactionary Tea Party, is in transition. The leaders of the former SF Coffee Party Group have now dubbed themselves The Bay Area Circle and they’ll meet to decide on a new name and direction for a group that seeks to bring together people of various views around a common agenda.

6:30-8 p.m., free

Cafe La Boheme

3318 24th St., SF

thebayareacircle@yahoo.com

 

TUESDAY 4

Organizing in radical times

Authors Amy Sonnie and James Tracy will discuss their new book, Hillbilly Nationalists, Urban Race Rebels and Black Power: Community Organizing in Radical Times (Melville House Publishing, 2011), in conversation with Roxanne Dunbar Ortiz. The books shows how the protest movements of the New Left in the ’60s spawned future organizing efforts that have been challenging right-wing networks over a range of important issues vital to the direction of the country. Afterward the talk, attendees will cross the street to the Buck Tavern for a beer bash benefiting the SF Community Land Trust and Jobs with Justice SF.

7 p.m., free

Green Arcade Books

1680 Market, SF

sonnieandtracybook.com

Dare to bare this weekend? We’ve got something for that ass

5

Supervisor Scott Wiener recently introduced legislation that would encourage all of SF’s legally protected nudists to put something under their rear ends before sitting down in public. And God knows we here at Guardian are all for running around naked in public (sorry, C.W. Nevius) — but we have nothing against a healthy sense of personal hygiene. That’s why we printed a full page Butt Guardian in this week’s paper, the perfect cheek-to-cheek companion. (Download and print your own paper version here.)

But we’re coming up on a big weekend for naked, so this afternoon we went all DIY. Look for us at the naked hot spots and we’ll hook you up with a hand-silkscreened cloth version of the Butt Guardian. Nudes, you can use!

Here’s where we’ll be handing out the Butt Guardians (and aren’t they gorgeous):

Castro Nude-In

Do your part — not enough people know that they’re legally allowed to strut around like so many jaybirds in SF. Maybe that’ll change after this convivial Folsom Street Fair warm-up. 

Sat/24 noon, free

Castro and 17th sts., SF

 

Folsom Street Fair

Them streets get dirty after this Fair gets going — you know you’ll need a lil’ something to shield the junk in your trunk. 

Sun/25 11 a.m.-6 p.m., $10 suggested donation

Folsom between 7th and 12th sts., SF

www.folsomstreetfair.org

 

On Guard!

0

news@sfbg.com

BART’S CRACKDOWN

For weeks now, protesters have descended on Bay Area Rapid Transit (BART) stations to denounce the fatal July 3 shooting of homeless passenger Charles Hill by a BART Police officer, and to call for the agency’s long-controversial police force to be disbanded. Commuters have had to contend with service disruptions and delays, and costs to the transit agency have exceeded $300,000. Yet it isn’t just bullhorn-wielding protesters who’ve been thrust into the spotlight — BART’s police force is also facing scrutiny for its conduct under pressure.

BART drew the ire of numerous media outlets after a Sept. 8 protest when transit cops detained members of the press along with protesters on suspected violation of California Penal Code Section 369i, which prohibits interfering with the operations of a railroad. Most journalists were eventually released, but the protest resulted in 24 arrests.

Although BART police later contended that they issued dispersal orders prior to closing in, many who were encircled and detained (including me) insisted they’d heard no such announcement. BART police also instructed San Francisco Police Department (SFPD) officers who were on hand to assist to seize reporters’ SFPD-issued press passes — a move that SFPD spokesperson Troy Dangerfield later told the Guardian was an error that went against normal SFPD protocol.

In a Sept. 10 editorial, the San Francisco Chronicle blasted BART police for placing Chronicle reporter Vivian Ho in handcuffs despite being informed that she was there as a journalist. Ho’s experience was mild compared with that of Indybay reporter David Morse (aka Dave Id), who told the Guardian he was singled out for arrest by BART Deputy Police Chief Daniel Hartwig and isolated from the scene — even though Hartwig is familiar with Morse and knows he’s been covering protests and BART board meetings for the free online publication. Asked why Morse was arrested when other journalists detained for the same violation were released, BART spokesperson Jim Allison told us, “The courts will answer that, won’t they?”

No Justice, No BART — a group that was instrumental in organizing the Sept. 8 protest — telegraphed to media and police at the outset that they intended to test BART’s assertions that people’s constitutionally guaranteed rights to free speech would be upheld as long as they remained outside the paid areas of the station, in what was dubbed a “free speech zone.” (Rebecca Bowe)

 

CHRON VS. WIENER(S)

Scott Wiener tried to do something eminently reasonable, and ask the naked guys in the Castro to put down a towel before they sit on public benches. Although the Department of Public Health hasn’t made any statements about the issue (and people put their naked butts on public toilet seats without creating major social problems), it’s pretty much an ick factor thing — and using a towel is an unwritten (sometimes written) rule at almost every nudist resort in the country.

The whole thing is a bit ironic, since it’s already illegal for fully clothed poor people to sit on the street — but so far, it’s not illegal for naked people to sit on benches. So far.

Wiener’s move set off an anti-nudity campaign at the San Francisco Chronicle, starting with columnist C.W. Nevius suggesting that the nudies are all perverts: “If these guys were opening a trench coat and exposing themselves to bystanders in a supermarket parking lot we’d call them creeps.” A Chron editorial called for a new law banning nudity in the city (an excellent use of time for a police department that already says it can’t afford community policing). The national (right-wing) press is having a field day. The commenters on sfbg.com are arguing about whether the pantsless men are shedding scrotal hair, or whether they’re mostly shaved. For the record, we haven’t checked.

And for the record, in a couple of months it’s going to get way too cold and rainy for this sort of thing anyway. (Tim Redmond)

 

HERRERA’S SMACKDOWNS

City Attorney Dennis Herrera has always been limited by his office’s neutral role in criticizing city policies and officials. But as a mayoral candidate, he seems to have really discovered his political voice, offering more full-throated criticisms of Mayor Ed Lee and his policies than any of the other top-tier candidates.

“I think it’s kind of liberating for him that he can talk policy instead of just about legal issues,” Herrera’s longtime spokesperson Matt Dorsey, who recently took a leave from his city job to work on the campaign full-time, told the Guardian.

Perhaps not surprisingly, Herrera’s shift began a little more than a month ago when Lee bowed to pressure from Willie Brown, Rose Pak, and other top power brokers to get into mayor’s race, prompting Herrera’s biting analysis that, “Ed Lee’s biggest problem isn’t that he’s a dishonest man — it’s that he’s not his own man. The fact is, if Ed Lee is elected mayor, powerful people will continue to insist on things. And I don’t think San Franciscans can be blamed for having serious doubts about whether Ed Lee would have the courage to say no.”

Herrera followed up last week by providing an example of something Lee and most other mayoral candidates don’t have the courage to say no to: the Central Subway project, with its runaway price tag and growing number of critics that say it’s a wasteful and inefficient boondoggle that will worsen Muni’s operating budget deficit.

“Fiascos aren’t born that way. They typically grow from the seeds of worthy idea, and their laudable promise is betrayed in subtle increments over time,” was how Herrera began a paper he released Sept. 8 called “It’s time to rethink the Central Subway,” in which he calls for a reevaluation of a project that he and the entire Board of Supervisors once supported.

He notes that the project’s costs have tripled and its design flaws have been criticized by the Civil Grand Jury and numerous transit experts. “Let’s look at this thing and see if it still makes sense,” Herrera told us, a stand that was greeted as blasphemy from the project’s supporters in Chinatown, who called at least two press conferences to decry that they called a “cheap political stunt.”

While the stand does indeed help distinguish Herrera from a crowded mayoral field, he insists that it was the grand jury report and other critiques that prompted him to raise the issue. “Good policy is good politics, so let’s have a debate on it and let the validity of the project stand or fall on its merits,” he said.

Herrera and fellow candidate John Avalos were also the ones who called out Lee on Sept. 2 for praising Pacific Gas & Electric Co. as “a great company that get it” for contributing $250,000 to a literacy program, despite PG&E’s deadly negligence in the San Bruno pipeline explosion and its spending of tens of millions of dollars to sabotage public power efforts and otherwise corrupt the political process.

“It shows insensitivity to victims’ families, and poor judgment for allowing his office to be used as a corporate PR tool. No less troubling, it ignores the serious work my office and others have done to protect San Franciscans from PG&E’s negligence,” Herrera said in a prepared statement.

Now, his rhetoric isn’t quite up to that of Green Party mayoral candidate Terry Baum, who last week called for PG&E executives to be jailed for their negligence, but it’s not bad for a lawyerly type. Herrera insists that he’s always wielded a big stick, expressed through filing public interest lawsuits rather than campaign missives, “but the motivation in how I do either is not really different.” (Steven T. Jones)

 

JACK IS BACK

The mayor’s race just got a new player, someone who is guaranteed to liven things up. His name is Jack Davis — and he’s already gone on the attack.

Davis, the infamous bad boy of political consulting who is so feared that Gavin Newsom paid him handsomely just to stay out of the 2003 mayor’s race, has been keeping a low profile of late. But he’s come out of semi-retirement to work for Jeff Adachi, the public defender who is both running for mayor and promoting Prop. D, his pension-reform plan.

Davis and Adachi first bonded when Adachi ran against appointed incumbent Kim Burton in 2002. Now, Davis has begun firing away at Mayor Ed Lee, with a new mailer that calls the competing Lee pension plan a “backroom deal.” The piece features a shadowy figure (who looks nothing like Ed Lee) slipping through a closing door, a fancy ashtray full of cigars and an allegation that Lee gave the cops a sweet pension deal in exchange for the police union endorsement.

Trust us, that’s just the start. (tr)

 

PENSION PALS

Meanwhile, Adachi sent Lee a letter on Sept. 8 challenging him to debate the merits of their rival pension measures — Lee spearheaded the creation of Prop. C, with input from labor unions and other stakeholders — sometime in the next month.

“I believe there is a vital need — if not an obligation — for us to ensure that the voters of San Francisco understand both the severity of our pension crisis as well as the significant differences between our two proposals,” Adachi wrote, later adding, “As the two principals behind the competing ballot measures, I hope that we can work together to increase awareness of this important issue and work toward a better future for our city.”

Lee’s campaign didn’t respond directly to Adachi, but Lee’s ever-caustic campaign spokesperson Tony Winnicker told the Guardian that the request was “the oldest political trick in book” and one they were rejecting, going on to say, “Voters deserve to hear from all the candidates on pension reform, not just two of them.”

Perhaps, but given the mind-numbing minutiae that differentiates the two measures, some kind of public airing of their differences might be good for all of us. Or I suppose we can just trust all those dueling mailers headed our way, right? (stj)

For more, visit our Politics blog at www.sfbg.com.

The Chron’s war on nudity

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Poor Scott Wiener. He tries to do something practical — telling naked guys to sit on a towel or something when they occupy public benches — and all of a sudden the Chron launches a war on nudity. First there’s this shit from Chuck Nevius, who suggests that anyone who isn’t wearing clothes is some sort of a pervert:

Why? If these guys were opening a trench coat and exposing themselves to bystanders in a supermarket parking lot we’d call them creeps. But if they sit on public chairs and expose themselves to bystanders, they’re defenders of free speech. Here’s some free speech – when moms and dads walk their kids to school, they don’t want to see you naked. This isn’t a civil rights issue, it’s just obnoxious.

Actually, I’ve often walked my daughter to school along Castro Street, and I don’t care whether people are naked or not. Neither does she. My kids are San Francisco city kids; it’s all a big Whatever. And the naked guys in the Castro, mostly middle-aged men, aren’t “exposing themselves” in the way of a sex offender who gets off on it; they don’t confront anyone, or jump in front of anyone, or try to force anyone to look at them. They aren’t fucking in the streets. They’re just walking around (and sitting down) without clothes on.

Whatever.

But then the Chron decides this is all worth a scathing editorial:

Here’s an idea, San Franciscans: Keep your pants on – at least in public. Most people don’t want to see that much of you. And even in a city known for tolerance of unusual behavior, inflicting nudity on an unsuspecting public can scare youngsters and offend adults. … People who insist on walking down Market Street without clothes should be cited.

Now there’s going to be pressure on the cops to find a way to bust the nudists (some of whom will love the attention), and the city will either waste a lot of money prosecuting and defending them when there’s no actual law that’s been broken — or the supervisors will be under pressure to outlaw public nudity, which will create another big fuss and waste a lot of all of our time.

Besides, the Chron ought to love the Wiener law. If I ran that paper, I’d put a couple of new racks at Castro and Market. The guys who forget their towels are going to need something to sit on.

PS: If nudity doesn’t offend you, check out our hottest butt in SF contest here.

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

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

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

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

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

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

Best of the Bay 2011: BEST NO-HASSLE HOF

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We’ve been raving about good cheer and good food at Leopold’s since it opened in January. The masses quickly followed suit and the Austrian hofbrau has been packed ever since. Tip back German, American, and Belgian draft beers at hearty pinewood tables under animal heads and Austrian art — a warm, welcoming space created by Sazlberg natives and brothers Albert and Klaus Rainer. With comforting Hungarian goulash (the border between Hungary and Austria is a shifty thing) and traditional wiener schnitzel, you’ll never make it out of here hungry — just make sure you save room for the apfelstrudel.

2400 Polk, SF. (415) 474-2000, www.leopoldssf.com