Wiener

Read the memo detailing Mayor Ed Lee’s punishment of supervisors who supported Muni

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The story is snowballing.

Mayor Ed Lee is furious at supervisors who voted for Sup. Scott Wiener’s Muni funding measure, and told reporters Monday he would hold them “accountable.”

News of the mayor’s retribution has circled round, and the timing of a memo issued by Kate Howard, the mayor’s budget director, has raised eyebrows. The memo directs city departments to prepare for budget cuts she said are called for due to Wiener’s measure.

The Guardian has obtained the memo and is embedding it below.

“Last week, the board of supervisors sent a measure to the ballot that the budget does not contemplate,” Howard wrote. “As a result of this unanticipated measure, the Mayor’s Office is directing departments to propose contingency plans that could be implemented should the measure pass.”

Howard is referencing Wiener’s new Muni funding measure, which would raise the transit agency’s funding with the population. The cost is estimated to be about $22 million annually.

Now it seems the mayor is playing for keeps. Following through on his promise to hold supervisors “accountable” for supporting Wiener’s measure, Howard directs city agencies to prepare to make cuts to new programs, hiring plans, and to “scale back existing services.”

But what Howard’s memo doesn’t say is that Muni has its own budget problems, caused not by Wiener’s new ballot measure, but by Mayor Ed Lee.

It’s really a case of the pot calling the kettle black: Lee is saying Wiener’s ballot measure will hurt the General Fund, but supervisors contend Lee hurt Muni’s budget when he pulled his Vehicle License Fee measure off the ballot.

Wiener’s new Muni funding measure was a contingency plan after Lee dropped the VLF, which blew a $33 million hole in Muni’s proposed budget.

The SFMTA outlined the consequences of a failure to pass multiple ballot measures (of which the VLF was one) in its proposed 2015/16 budget. The proposed cuts are a doom and gloom list that would make any Muni rider cut up their Clipper Card in disgust. 

 The agency said such an outcome would make it impossible to improve transit travel time and reliability, and fund pedestrian safety projects. It would also mean fewer buses and lightrail vehicles, a decline in existing infrastructure, and less funding for bicycle infrastructure, among other problems.

In other words, without ballot measures to increase Muni funding, the SFMTA is screwed. 

But when Lee’s license fee measure initially polled poorly, he got cold feet and yanked it. Yet he continued to push forward with a $500 million transportation bond measure, which remains on the ballot. Now he’s feverishly hoping to stop any competing ballot measures which may have the remote possibility of hurting its chances to succeed. 

I agree with the mayor on many things,” Wiener told the Guardian. But, “ultimately the mayor is elected and I have to exercise my best judgment. It’s not personal, it’s a policy disagreement.”

We asked Sup. David Campos if there’s a fear that these cuts would only hit projects the supervisors favor.

“I think there’s definitely that fear,” he told us. But he noted something important.

“When we’re talking about punishing, you’re not punishing a supervisor, you’re punishing a district they represent,” he said. “Ultimately, you’re punishing constituents.”

Still, at this point, it’s not entirely clear the directives from Howard will target specific supervisor’s projects. 

“We’re concerned,” Campos said, “but we need to ask the budget director what this means.” 

Update [8/1]: Supervisor Scott Wiener sent an email to press today giving further backstory on the memo from Kate Howard regarding the budget.

From his email:

On Wednesday, in what can only be described as an empty scare tactic, the Mayor’s Office announced that due solely to the transit measure (totaling .25% of the budget), all departments were directed to formulate emergency 1.5% contingency cuts for the 2015/16 fiscal year. The Mayor’s Office further indicated that the cuts will be directed at the “priorities” of the six Supervisors who voted to place the measure on the ballot.

For whatever reason, the Mayor’s Office felt the need to issue these emergency instructions now – a full year before the fiscal year at issue, in the middle of an election campaign, without even knowing whether the measure will pass, and regarding an amount of money that is tiny in the context of the budget. Moreover, there will be a full budget process next spring for the 2015/16 fiscal year, and if the measure passes, the $22 million at issue will simply be part of that budget.

What the Mayor’s Office neglected to mention in its announcement is the existence of a $32 million hole in MTA’s budget for the 2015/16 fiscal year. If this gap isn’t filled – and [Supervisor Wiener’s] measure will fill two-thirds of it – MTA will have to forego plans to purchase new vehicles, rehabilitate run down vehicles, replace failing train switches and signals, rehabilitate broken station elevators, make needed pedestrian safety improvements, and implement the Embarcadero Bikeway.”

Events: July 30 – August 5, 2014

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Listings are compiled by Guardian staff. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Selector.

WEDNESDAY 30

“We are CA: Yosemite Stories with Latino Outdoors” California Historical Society, 678 Mission, SF; www.californiahistoricalsociety.org. 6:15pm, $5. Panel discussion featuring Latino Outdoors founder Jose Gonzalez and others sharing stories about Yosemite and other national parks.

THURSDAY 31

“Pretty in Ink: The Trina Robbins Collection” Cartoon Art Museum, 655 Mission, SF; www.cartoonart.org. 6-8pm, free. Reception for the exhibit with a curator-led tour, featuring highlights from the personal archives of comics “herstorian” Trina Robbins. The focus is on North American woman cartoonists from the early 20th century.

FRIDAY 1

“Jack’s Night Market” Webster Plaza, Jack London Square, Broadway at Embarcadero, Oakl; www.jacklondonsquare.com. 6-10pm, free. Outdoor bazaar with street performers celebrating Oakland artists, music, and food. All beer and wine sales benefit the Sustainable Business Alliance and Oakland Grown.

SATURDAY 2

Art + Soul Oakland Downtown Oakland (adjacent to the 12th St/City Center BART station); www.artandsouloakland.com. Noon-6pm, free. Through Sun/3. Live music is Art + Soul’s main draw, but a new event — the Oaktown Throwdown BBQ competition — will surely be a popular addition.

Bay Area Aloha Festival San Mateo County Event Center, 1346 Saratoga, San Mateo; www.pica-org.org. 10am-5pm, free. Through Sun/3. The Pacific Islanders’ Cultural Association showcases Polynesian dance and island cuisine at its annual event.

“Baycation Day” Classic Cars West, 411 26th St, Oakl; http://oaklandartmurmur.org/events/baycation-day. 1-5pm, free. Oakland Art Murmur and Broke-Ass Stuart present this afternoon of beer garden-ing, with arts and crafts by local artists, photo workshops, a display of classic cars, and food and drink, followed by the Saturday Stroll Art Walk at nearby galleries.

“Carnival of Stars” Richmond Auditorium, 403 Civic Center Plaza, Richmond; www.carnivalofstars.com. 10am-10pm (also Sun/3, 10am-8pm), $6-15. Family-friendly fantasy festival with classic horror films, belly dancing, magicians, live music, comics, and more.

Nihonmachi Street Fair Post between Laguna and Fillmore, SF; www.nihonmachistreetfair.org. 11am, free. Through Sun/3. This long-running community event celebrates Asian-Pacific American life with performances, food, activities for kids, and more. Plus: the crowd-pleasing dog pageant and accompanying parade.

“19th Annual Wienerschnitzel Wiener Nationals — Bay Area Regionals” Santa Clara County Fair, 344 Tully, San Jose; http://wwnraces.com. Noon (check-in); 2:30pm (prelims); 4pm (finals). Free for participants (fair admission, $5-8; parking, $5). Dachshunds waddle their way to the finish in the hopes of being crowned “Bay Area’s Top Dog.” The winning wiener gets a trip to the 2014 Wiener National Finals in San Diego.

SUNDAY 3

“Cupcakes and Muffintops v6.0” Humanist Hall, 390 27th St, Oakl; cupcakesandmuffintops.wordpress.com. Noon-4pm, $10 suggested donation (no one turned away). Dance company Big Moves, “fat queer community” NOLOSE, and the FatFriendlyFunders co-host this benefit sale of gender-inclusive clothing — with an emphasis on “size large and up, up, and up” — and baked goods. Bargains galore!

Jerry Day Jerry Garcia Amphitheater, McLaren Park, 45 John F. Shelley, SF; www.jerryday.org. 11:30am, free (donate for reserved seating). Live music (with Melvin Seals and JGB, Stu Allen and Mars Hotel, Tea Leaf Trio, and more) honors the legacy of the Grateful Dead star, who grew up on nearby Harrington Street in the Excelsior.

“Poetry Unbound #15” Art House Gallery, 2905 Shattuck, Berk; http://berkeleyarthouse.wordpress.com. 5pm, $5 (no one turned away). Poetry reading with Daniel Yaryan, Hollie Hardie, and Gary Turchin, plus open mic.

MONDAY 4

“From Ignorance to Acceptance: How the LGBTQ Movement Has Evolved in a Lifetime” Commonwealth Club, 595 Market St, Second Flr, SF; www.commonwealthclub.com. 6pm, $7-20. Political activist and author James Hormel discusses how LGBTQ Americans have gained visibility since 1945.

TUESDAY 5

“Litquake’s Epicenter” Hotel Rex, 562 Sutter, SF; www.litquake.org. 7pm, $5-15. Literary event hosting the launch of Edan Lepucki’s new novel, California. *

 

Article details bullying and retribution by the Mayor’s Office

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People are talking about this article from Sunday’s San Francisco Chronicle about how much three fall ballot measures will cost the city, but many progressives and political outsiders are more focused on the juicy details lower down in the article about the spiteful, bullying political tactics practiced by the Mayor’s Office these days.

Mayor Ed Lee and his top aides are said to be “fuming” that Sup. Scott Wiener and five of his colleagues placed a measure on the fall ballot that would give Muni more money as the city’s population increases — and that “the mayor’s office seems to be hinting that it will target programs important to the six supervisors who voted to place Wiener’s proposal on the ballot.”

The measure is retroactive to 2003, the last time Muni had an increase in its funding from the city General Fund, so it would mean an immediate funding bump of $20 million or more, which the mayor is disingenuousnessly casting as budget buster. Keep in mind this same mayor unilaterally ended Sunday meters this year, costing Muni about $10 million a year, and supports corporate welfare programs that cost the city $17 million last year.

This spiteful and retaliatory approach to public policy by Lee, the elected official with the most control over the city’s pursestrings, and his minions was also a big factor in Sup. Jane Kim’s capitulation to the Mayor’s Office on her housing balance measure. Sources tell the Guardian that affordable housing advocates were threatened with reduced city funding from the Mayor’s Office if they continued to push for Kim’s original measure.

The Chronicle article was based largely on a Controller’s Office memo claiming the three ballot measures — the Muni measure, a proposal to increase the minimum wage to $15 by 2018, and reauthorization of the Children’s Fund — would be the “largest voter-directed increase in general fund spending in a single election in city history,” costing $104 million by 2018.

More than half of that is from the minimum wage increase, which will increase the city’s cost of contracting low-paid nonprofit workers to perform public services. But in this increasingly expensive city, does anyone really think $15 per hour is an unreasonable wage? Should the city itself be exploiting workers?

After the city recently slashed building and planning fees charged to developers, and in a city that continues to coddle big corporations and landlords rather than tax them fairly, the Mayor’s Office ire over policies that help low-wage workers and Muni riders is particularly telling of its values and priorities.  

SF voters to weigh in on Beach Chalet turf war

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A city project that would install artificial turf and stadium lighting at the Beach Chalet soccer fields at the west end of Golden Gate Park has survived numerous challenges over the last four years, including appeals to the California Coastal Commision and the courts. But this November, San Francisco voters will have the final say.

A citizens’ initiative that would block the project this week qualified for the ballot after turning in more than 16,000 signatures, collected by the Coalition to Save Golden Gate Park. Yet city officials and supporters of the project — including the City Fields Foundation, which has been installing artificial turf on playing fields around the city in recent years — aren’t taking any chances, creating a rival measure sponsored by six members of the Board of Supervisors.

Not only would the supervisors’ measure invalidate the citizens’ initiative if it gets more votes — it contains a so-called poison pill, an increasingly common electoral tactic — but it would make it more difficult to challenge future trail, playground, and playing field projects that would increase the number of users by 50 percent or more.
“We think it’s a terrible measure that disenfranchises voters all over the city,” Jean Barish, a spokesperson for the Coalition to Protect Golden Gate Park, told the Guardian. “It would give the Recreation and Park Department a lot more authority than they have now.”

Patrick Hannan, a spokesperson for the City Fields Foundation, worked with supervisors on the rival measure and he denies that it would limit citizens’ rights to challenge future projects.

“The legislation in no way curtails any kind of appeals process,” Hannan said. “It says you can’t pass a law to stop projects from going forward after they’ve been approved.”

But Hannan couldn’t cite any examples of approved projects being later stopped by legislation, and the vaguely worded measure doesn’t make clear whether it would preclude citizens from challenging approved projects by initiative or referendum.

Mike Murphy, the official proponent behind the iniative that seeks to stop the Beach Chalet project, said the intent of the supervisors’ measure seems to be to limit the public’s right to challenge artificial turf projects, which the city measure explicitly said city bodies “shall approve” if they increase playing time and have an approved environmental impact report.

He called on the supervisors sponsoring the measure — Sups. David Chiu, Eric Mar, Mark Farrell, Katy Tang, Scott Wiener, and London Breed — to remove their names before next week’s electoral deadline.   

“This is a highly politicized issue and it always has been,” Murphy said. “We need to refocus the debate not on why [the city needs more playing fields] but on what’s being done at this site.”

Opponents of the Beach Chalet project say articificial turf can be toxic and unhealthy and that it shouldn’t replace natural grass. But supporters of this and other artificial turf projects say that they substantially increase the available playing time on fields that are desperately need to keep up with demand, particularly by youth sports.

“Artificial turf is safe and this project is cleared to proceed,” Hannan said. “The question is whether the city wants to give more kids more fields they can use.”

He cited studies showing that because the artificial turf his group has installed on city-owned fields since 2011, available playing time on fields has increased by 30 percent: “That’s a direct result of our project.”

And now, voters will get their chance to weigh in on this ongoing, highly charged turf war

Will San Francisco voters give Muni more money to serve a growing population?

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Beating up on Muni and the San Francisco Municipal Transportation Agency is a perennial pastime for many San Franciscans, who will be given the opportunity to put their money where their mouths are this November. Will they be willing to give Muni the money it needs to serve its growing ridership, even at the cost of other city programs and priorities?

The Board of Supervisors yesterday [Tues/22] voted narrowly to place Sup. Scott Wiener’s Muni funding measure on the fall ballot. It would increase General Fund contributions to the SFMTA as the city population increase, retroactive back to 2003 when the current rate was set, giving the agency an immediate $20-25 million boost to serve the roughly 85,000 new residents the city has added since then.

“For too long City Hall has been slow to prioritize transit funding,” Wiener said in a press release. “We are a growing city, and we need to take firm steps to ensure that our transportation system keeps up with that growth.  Improving transit reliability and capacity and making our streets safer are key to that goal.”

While everyone says they support Muni — even David Looman, the proponent behind the Restore Transportation Balance initiative that seeks more SFMTA funding for cars, which will also appear on that ballot — Wiener has been the rare strong advocate locally for actually giving the agency more money.

Mayor Ed Lee created a $10 million hole in the SFMTA budget by demanding the repeal of charging for parking meters on Sunday this year, and then he dropped his support for a local increase in the vehicle license fee this year, prompting Wiener to introduce his Muni funding measure, which the mayor would have the authority to terminate if voters approve a VLF increase in 2016.

A $500 million general obligation bond transportation measure backed by Lee and the full Board of Supervisors will also appear on the November ballot, but it will go mostly to cover Muni’s capital needs, not the growing demands on its operating budget.

Wiener’s Muni funding measure yesterday barely got the six votes this charter amendment needed to qualify for the ballot: those of Wiener and Sups. London Breed, David Campos, David Chiu, Malia Cohen, and Jane Kim (Sup. John Avalos was absent).

In recent years, there’s been a rift in the city’s progressive coalition between environmental and transportation activists on one side and affordable housing advocates on the other, who sometimes battle over city funding they see as a zero sum game. So it will be interesting to watch how the politics surrounding this measure shape up going into the fall campaign season.  

Track record

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marke@sfbg.com

SUPER EGO Hitch up your skirt and strap on your skates: It’s another crazy weekend full of too much to do. The bonkers three-day-long Sunset Campout riverside rave and Sunday’s gay fetish pig roast Up Your Alley Fair are only the start. (I’m totally stealing my Seattle buddy DJ Nark’s “inflatable yellow rubber ducky inner tube attached to leather harness suspenders” outfit idea so I can hit both, with a pair of winged Saucony Progrid running shoes — and nothing else — in honor of this weekend’s SF Marathon.)

Sunset Campout (Fri/25-Sun/27, $70–$150, Belden, CA. www.sunsetcampout.com), put on by our own illustrious Sunset crew, is pretty much the electronic dance music festival of my dreams, with a huge roster of acts like Soul Clap, Guillaume and the Coutu Dumonts, Danny Daze, Spacetime Continuum, Traxx, Lovefingers, and dozens of local heroes. And Up Your Alley (Sun/27, 11am-6pm, donation requested. 10th St and Folsom, SF. www.folsomstreetevents.org) is Folsom Street Fair’s gayer little sister, proving that most homosexuals need but a tiny strip of clothing to make a lasting fashion statement. Both events will feature wiener roasts.

 

J.PHLIP

One of my favorite local DJs, dirtybird crewmember J.Phlip, turns her poppin’ bass up for the United Hearts fundraiser, helping to buy school buses for kids in Ghana. DJ Khan from Bristol, UK, and our own Ryuryu of Soundpieces and several members of the Surefire crew will make sure your heart rumbles in the right place.

Thu/24, 9:30pm-2:30am, $15–$50. Public Works, SF. www.publicsf.com

 

BRAZA!

World Cup what? The world may have moved on ever-so-briefly from boys in shorts chasing little white balls. But this regular party, celebrating the funky breaks and beats of Brazil and beyond, will have you waving your arms and singing. Special guest Tom Thump, whose crates run so deep they pierce the Earth’s mantle, presides. With live percussion and DJs Elan and Zamba.

Fri/25, 10pm, $5–$10. Elbo Room, 647 Valencia, SF. www.elbo.com

 

KASTLE

Yummy UK bass and future sounds by way of this LA fave, one of the early players in the ’90s R&B dance floor revival. Support by a host of others, including Elliot Lipp, Lindsay Lowend, and Chiller Whale.

Fri/25, 10pm-4am, $15–$20. 1015 Folsom, SF. www.1015.com

 

PHIL KIERAN

Irish techno, thy name is Phil. Mr. Kieran has spent a couple decades repping Belfast with some truly fun, truly stylish stuff. (Latest killer slice “Computer Games” comes with a video worthy of cult flick The Visitor.) He’ll be making his debut at the Lights Down Low party.

Fri/25, 10pm-3am, $10–$15. Monarch, 101 Sixth St, SF. www.monarchsf.com

 

TOO $HORT

You know you still know all the words to “Money in the Ghetto” — sing out with Oakland’s finest and his full band.

Fri/25, 9pm-3am, $20–$25. Public Works, 161 Erie, SF. www.publicsf.com

 

GUY J

The Israeli technician (with such thick, silky-looking hair!) keeps his tempos at a deep and steady trot — the better for building excellently textured rides through sensual, emotive soundscapes. Good, heady stuff.

Sat/26, 9:30pm, $15. Audio, 316 11th St., SF. www.audiosf.com

 

TEEN WITCH

Those neon sad-emoji kidz from the 120 Minutes monthly are back with special guests Teen Witch, summoning all dark and lovely laptop electro-ghosts, and Banjee Report, an outstanding vogue-rap outfit from Chicago.

Sat/26, 10pm, $5–$10. Elbo Room, 647 Valencia, SF. www.elbo.com

 

PIXEL MEMORY

This awesome local atmospheric electro pop trio just released nifty Night Colors EP. They’ll be kicking it up live with ethereal matriarch Metal Mother and catchy shoegaze-hop Magicks for a truly magickal night of SF sounds.

Sun/27, 8pm, $5–$8. Brick and Mortar, 1710 Mission, SF. www.brickandmortarmusic.com

 

Clean energy and better infrastructure: a great combination

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OPINION Achieving a more sustainable San Francisco means a city running on clean power. It also means maintaining our infrastructure to keep San Francisco functioning.

Right now, our city can do better on both fronts, and legislation we are sponsoring will help move us in the right direction by increasing our use of clean, hydroelectric power while generating more revenue for infrastructure investment in our streetlight and power systems.

San Francisco’s Hetch Hetchy power system produces a massive amount of clean, hydroelectric power, yet our city uses very little of this energy despite our stated goal of moving toward 100 percent clean power by 2030. Moreover, the operator of this power system, the San Francisco Public Utilities Commission (PUC), has massive unmet infrastructure needs. Our streetlights, most of which are owned by the PUC, are badly in need of upgrade, and PUC’s power delivery system has almost a billion dollars in deferred maintenance.

To address these challenges, we are authoring legislation to bring more revenue-generating, clean power to San Francisco.

For over 100 years, the PUC has provided 100 percent clean, hydroelectric power to municipal agencies, including Muni, the San Francisco International Airport, San Francisco General Hospital, police and fire stations, libraries, and our public schools. Using this clean public power saves taxpayers millions versus what we would pay if we were to purchase PG&E power. Hetch Hetchy generates 1.43 million megawatt hours of clean power a year and is 100 percent greenhouse-gas free. This is a tremendous asset, but it has been underutilized.

Any excess public power that the PUC generates and doesn’t use for governmental customers is now sold on the wholesale market at a significantly reduced rate. Retail rates are around four times higher than wholesale rates. This means that with every megawatt sold at wholesale rates, the PUC is losing out on significant revenue to address its aging infrastructure needs.

If the PUC obtains more customers paying retail rates, we can generate more revenue to upgrade and improve our failing streetlight system and address the power system’s massive deferred capital needs. The PUC estimates that for every 10 megawatts sold to new retail customers — rather than selling that power on the wholesale market — we will see a net revenue increase of $4 million per year.

That is why we are sponsoring legislation to bring the PUC more retail customers and hence more infrastructure investment. The legislation provides the PUC with the right of first refusal to be the power provider for new development projects in San Francisco, including large private projects. This will allow the PUC to determine if it feasibly can serve as the power provider for these new developments, and in doing so expand the agency’s retail customer base.

Allowing the PUC the flexibility to add retail customers will move us toward a more financially sustainable public power system, while providing 100 percent greenhouse-gas free power to our city and generating significant resources for infrastructure investment, including for our streetlight system.

Some have raised questions about what this legislation means for the future of CleanPowerSF, our previously approved clean energy program that has been stalled by the PUC Commission’s refusal to set rates. These two public power measures are not in any way mutually exclusive, and both can move forward. We are both supporters of CleanPowerSF, and we want it to succeed.

We know the PUC can provide reliable, greenhouse-gas-free power that works for its customers. Anyone who disagrees can just look at San Francisco International Airport. If the PUC can reliably provide power to serve one of the most significant airports in the world, powering new housing and commercial developments won’t be a problem.

A sustainable, clean energy future requires a broad range of solutions. This proposal is one that will deliver our city more clean power and make our power enterprise stronger by redirecting energy revenues back into the system. Let’s put our clean power to work for San Francisco.

Scott Wiener and London Breed are members of the San Francisco Board of Supervisors.

Eviction imminent for San Francisco Community Recycler’s Center

This morning (Wed/16), outside the San Francisco Community Recycler’s Center in the parking lot of the Safeway at Church and Market streets, a group of protesters stood in a cluster, chanting: “Cans not condos!”

As the Guardian previously reported, Safeway is in the process of evicting the recycling center, which continued to operate up until yesterday. The San Francisco Sheriff’s Department, which carries out evictions on Wednesdays, had signaled to the center’s operators that they could be forced out anytime after July 16.

That led supporters and volunteers with the San Francisco Coalition on Homelessness to show up at 5:30am in a bid to beat the sheriff there. They stood on the sidewalk outside the recycling center’s locked gate, waving signs.

“We’ll be holding space as long as we can,” Lisa-Marie Altorre, of the Coalition on Homelessness, told the Guardian a little after 7am. Calls to the Sheriff’s Department were not returned, but Altorre said around 12:15 that supporters had received “official word” that the eviction would be going forward, “likely later in the day.”

[UPDATE: Sheriff’s Department deputies showed up at 7am the next morning to enforce the eviction, and the center is now closed.]

Sup. Scott Wiener told the Guardian in an earlier interview that his District 8 constituents had complained about the recycling center’s presence, saying the facility draws too many unruly patrons, who are often homeless. A new condominium development looms over the recycling center from one direction, while a mixed-use condo development with a Whole Foods on the ground floor lies just across the street.

But recycling center operators argue that the eviction will be harmful to patrons, who need the extra money to get by, and that it will erode the city’s environmental goals. There’s also an issue of impacts on surrounding small businesses, which could be required under state law to accept recycling in-store, a burdensome task for smaller retailers, or to pay fees.

“Eliminating community-based recycling has grave impacts on San Francisco, from public safety to huge environmental fails, including moving us away from goals of being Zero Waste in 2020,” said Ed Dunn of the San Francisco Community Recyclers Center. Dunn was previously affiliated with the Haight Ashbury Neighborhood Council Recycling Center, which was evicted from a parking lot in Golden Gate Park. “It is sad to think any elected leader would support a move like this,” Dunn said, “and a corporation like Safeway would get away with turning their back on their corporate civic responsibility to something as vital as recycling.”

“Let’s Elect Our Elected Officials” rejected at the Board of Supes

At today’s (Tue/15) Board of Supervisors’ meeting, members of the board voted 6-5 against placing a proposal on the November ballot that would create special elections when vacancies arise on the Board or in the Mayor’s Office.

If approved by voters, the measure would have immediate impacts on San Francisco’s political landscape. Board President David Chiu is vying for a seat in the California Assembly against Sup. David Campos, which will leave a vacancy on the board one way or another. 

But Sup. John Avalos, who authored the charter amendment proposal, noted that “this measure is not about any existing mayor or any existing supervisor.” Instead, Avalos described the measure as a bid to make city policy more democratic. 

“It will allow voters to decide who fills vacancies in special elections,” Avalos said.

As things stand, when a supervisor’s seat is vacated, it’s up to the mayor to appoint that official’s replacement. When a mayor’s seat is vacated, a much more rare occurrence, it’s up to “a small minority of people – us,” to appoint the city’s top elected official, Avalos said. “This shapes how decisions are made, often behind closed doors.”

Taking this question to voters via special election would ultimately be more democratic, he added. “If you are on the fence on this measure, I hope you can still send this ballot measure over to the voters,” Avalos told his colleagues.

Sups. London Breed, Katy Tang, and Scott Wiener each spoke in opposition to the idea.

“It’s not a perfect system, but no system ever is,” Breed said. “I’m not sure what problem we’re trying to solve with changing the charter.”

Wiener sounded a similar note. “There are various ways you can do it, and no way is necessarily better or worse,” he said of the current system for appointing vacancies. “I don’t see how the system that we have is in any way broken.”

But Sup. David Campos chimed in to challenge that framing. “The question before this board is not, what is the best system? … The question is a lot simpler than that,” Campos said, “Since we are talking about democracy. The question is: Will we give voters in SF the opportunity to decide for themselves what the best system is? Let’s not you and I pre-judge what the voters are going to say.”

In the end the measure failed six to five, with Sups. Mar, Avalos, Campos, Chiu, and Jane Kim voting in favor.

Drop a house

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SUPER EGO Some of us fabulous fairies caught flailing in the ratty-tutu-and-trucker-cap tornado of Pink Saturday, during this year’s Pride celebrations, were like, “Toto, I’ve a feeling we’re not in Castro, anymore.”

Indeed, the radical roots of the huge 24-year-old celebration — it began as an ACT-UP protest and party — seemed all but washed away in a sea of urine, puke, and shrieks at some points. And, while no one got shot like in 2009, violence tainted the roiling street affair: Even one of the Sisters of Perpetual Indulgence, the charitably benevolent gay nuns who host Pink Saturday, was physically attacked along with her husband.

(Alas, homophobic violence was everywhere that weekend: Two lesbians were beaten senseless in SoMa, and my friend in Nob Hill got jumped by an SUV-full of assholes. Gross.)

I adore our young allies — and I ain’t mad about straight dudes ripping off their shirts to show support, neither. ‘Mos before bros! I know they’re not all to blame for flooding the Castro’s streets with, er, pink. Hey, we invited them to join us. However. The bad outfits, the worse liquor, and the pushy elbowing need to be checked at the door. (Looking at you, too, mouthy gays.)

Has this year ruined it for everyone? Now that Pink Saturday seems out of control, will it go the way of Halloween in the Castro?

“The Sisters don’t get nearly enough credit for Pink Saturday,” Castro supervisor Scott Wiener told me over the phone. “They plan all year round, working closely with my office, the Police Department, and the Department of Public Works to try to make sure that it’s welcoming and safe. That said, I think we can acknowledge there were a lot of problems — and while the general level of violence was kept low, the attack on the Sister and the human waste issue were definite takeaways as we consider how to keep this event accessible in the future.

“The Sisters meet every year to vote on whether to put on this now-150,000-plus event every year,” Wiener continued. “Pink Saturday holds enormous importance for the LGBT community and raises tens of thousands of dollars in funds. Ten percent of the police force were assigned to it this year.

“But Castro residents put up with a lot. And I think we really noticed how the vibe changed after 9pm, after the Dyke March crowd had filtered away. I’ll be meeting with the Sisters and Police Chief Greg Suhr about viable plans for next year — and nothing’s being ruled out right now.”

 

NIGHTLIFE LIVE: WATER

The biennial Soundwave Fest sweeps over the bay with an awesome series of esoteric-cool sonic installations and head-trip voyages. (This year’s theme is “water,” very prescient in a time of drought.) Your aural-aqueous immersion kicks off at the Cal Academy’s Thursday Nightlife party, with performances by Rogue Wave and Kaycee Johansing and sonic installations throughout the museum. Submerged turntables! Underwater zither! Coral reef data-surfing! Full bar!

Thu/10, 6pm-10pm, $10–$12. California Academy of Sciences, 55 Music Concourse Dr., SF. www.soundwavesf.com

 

BARDOT A GO GO

Can’t have a Bastille Day celebration without a little Swingin’ Sixties “ooh-la-la.” This insanely fun, 16-year-old annual soiree dazzles with Franco-groovy chic — and classic, decadent French pop tunes (Bardot, Gainsbourg, Dutronc, etc.) from DJs Pink Frankenstein, Brother Grimm, and Cali Kid. Plus, Peter Thomas Hair Design will be there 9pm-11pm to fluff your coiffure for free.

Fri/11, 9pm, $10. Rickshaw Stop, 155 Fell, SF. www.bardotagogo.com

 

LAS CHICAS DE ESTA NOCHE

When gay bar Esta Noche closed in March after 40 years, it was a Latin drag tragedy. (The closure, not the bar itself.) In honor of the de Young Museum’s essential show of vintage ’70s photos Anthony Friedkin: The Gay Essay, the Esta Noche scene is being resurrected for a night, with comedian Marga Gomez hosting, classic Noche tunes and drag performances by Lulu Ramirez, Persia, and Vicky Jimenez — aka Las Chicas de Esta Noche — that will shake a few tailfeathers.

Fri/11, 6pm-9pm, free. de Young Museum, Golden Gate Park, SF. deyoung.famsf.com

 

THE WIZARD OF OZ

Drag doyenne of darkness Peaches Christ is hosting a screening of this classic at the Castro Theatre. But, as with all Peaches productions, you get an extravaganza. A live pre-show “Wizard of ODD” promises to be bananas, featuring the Tin Tran, The Scare-Ho, Glen or Glenda the Good Witch, and more. Bonus: Peaches herself playing “Peachy Gale” (aka Dorothy?) and one of the only RuPaul drag thingies I can remember the name of, Sharon Needles, as the Wicked Witch of the West. Don’t ask what happens to Toto.

Sat/12, 3pm and 8pm, $30 advance. Castro Theatre, 429 Castro, SF. www.peacheschrist.com

 

Recycle-pocalypse

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Joe@sfbg.com

Red explosions and yellow starbursts lit the sky, accompanied by the requisite oohs and aahs.

San Franciscans sat by the beach at Aquatic Park celebrating our nation’s independence, eyes fixed upwards. But all around them, a team of independent scavengers, mostly ignored, methodically combed the wharf, plucking cans and bottles from the ground and overflowing trash bins.

Often derided as thieves or parasites, these workers are cogs in a grand machine instituted by California’s Bottle Bill in 1986, forming a recycling redemption economy meant to spur environmentalism with market principles.

The concept is simple. Taxpayers pay an extra five cents when they buy a can or bottle, and may redeem that nickel by trading the used can or bottle in at a recycling center. Thus, more recycling is spurred.

But now a wave of recycling center evictions is causing San Francisco’s grassroots recycling economy to crumble, and newly released numbers reveal just how much stands to be lost by the trend.

San Franciscan recyclers may miss out on millions of dollars in redemption, local mom-and-pop stores could wind up on the hook for millions of dollars in state fees, and neighborhoods stand to be besieged by recyclers flocking to the few remaining recycling centers.

Recycling activists and local businesses are pushing for change, but NIMBY interests are pushing for more of the same.

 

SOLUTION IS THE PROBLEM

San Francisco Community Recyclers is on the parking lot of Safeway’s Church and Market location, and after months of legal entanglement, the recycling center’s eviction draws near. Still, SFCR is making a show of resistance.

The San Francisco Sheriff’s Department is set to evict the recycling center within a week or so, as the rebel recyclers have so far refused to vacate voluntarily.

Sup. Scott Wiener says he’ll be glad to see them gone.

“This recycling center caused enormous problems in our neighborhood,” he told the Guardian. This particular Safeway lies within the boundaries of his district, and Wiener says his constituents complain the recycling centers draw too many unruly patrons, who are often homeless.

“There is problem behavior around the center in terms of camping and harassing behavior, defecation, urination in a much more concentrated way,” he said.

This animation shows the areas around San Francisco where recycling centers remain, which are often overburdened with customers as other centers close. The red zones indicate areas where supermarkets are mandated by state law to host recycling centers, but have chosen to pay fees instead.

But others say the not-in-my-backyard evictions only serve to create a ripple effect. The catalyst is a story we’ve reported on before: As well-heeled Golden Gate Park neighbors complained of homeless recycling patrons and waged a successful campaign to shutter the Haight Ashbury Recycling Center two years ago, the clientele adjusted by flocking to the Church and Market recycling center. New numbers illustrate this outcome.

Susan Collins is the president of the Container Recycling Institute, a nonprofit that conducts analysis on recycling data. On average nationwide, Collins said, one recycling center serves about 2,000 people.

But since 2012 the number of recycling centers in San Francisco has been reduced from 21 to 7, causing Church and Market’s service population to boom closer to 40,000, a difference that has more to do with the closures than the density of the area. Data from CalRecycle shows almost half of the city’s populace lacks a recycling center within close proximity, forcing patrons to overwhelm the few remaining centers.

“This makes it a chicken and egg process,” Collins told us. “For people to have the perception that the site is attracting so many people, they have to realize it’s because there are so few sites to begin with.”

Late last month, Assemblymember Tom Ammiano wrote to Safeway Chief Executive Officer Robert L. Edwards, urging the grocery chain to reverse its decision to evict San Francisco Community Recyclers from the Church and Market Safeway.

“Safeway has such a long history of supporting sustainability efforts,” Ammiano wrote, “and I truly believe that it can do so again.” Safeway, however, has other concerns.

“As curbside recycling has increased in San Francisco and around the state,” Safeway Director of Public Affairs Keith Turner wrote to Ammiano, “Safeway’s focus on recycling has evolved as well.”

Safeway is now also flouting local and state laws to throw recyclers off its back. CalRecycle, the state’s recycling agency, performed an inspection in April of the Diamond Heights Safeway. It found that the grocer failed to accept recyclables and offer state guaranteed redemption, despite signing an affidavit with CalRecycle pledging to do just that. CalRecycle cited that location and two other San Francisco Safeways for noncompliance with the bottle bill.

And that’s just the violations CalRecycle has documented so far. Ed Dunn, owner and operator of San Francisco Community Recyclers, has initiated his own investigation into Safeway statewide, filing complaints with CalRecycle alleging that as many as 75 Safeway stores aren’t following the mandates of their affidavits and offering redemption for recyclables.

On the other side of the fence, Safeway and other recycling-center critics (such as Chronicle columnist C.W. Nevius) are essentially saying, who cares? Don’t we all just use blue bins nowadays?

The short answer: Nope.

 

MAKING GREEN, GOING GREEN

“Why do we need recycling centers if we have curbside recycling?” Sup. Eric Mar asked the deputy director of recycling at CalRecycle, point blank.

Jose Ortiz responded in less than a beat. “While some communities think curbside operations ensure the state’s goals of collecting [recyclables], the reality is that 90 percent of recycling volume is collected through recycling centers, not curbside programs,” he said from the podium.

That number came as a shock to many at the Board of Supervisors Neighborhood Services and Safety Committee June 19, including Sups. Mar, David Campos, and Norman Yee. Only 8 percent of recycling statewide comes through blue bins, CalRecyle confirmed to the Guardian.

Nor is that limited to California: Data from the Container Recycling Institute shows that the 10 states with recycling redemption laws produce such a high rate of return that they account for 46 percent of the nation’s recycling. And since California Redemption Value recycling is pre-sorted, experts note, the bottles are often recycled whole (as opposed to broken) which can be used for higher-grade recycling purposes.

So for the city with a mandated goal of zero waste by 2020, the case for keeping recycling centers open is an environmental one. It’s also fiscal.

San Franciscans make $18 million a year selling back recyclables, Ortiz said, most of which went directly into the pockets of recyclers. Those scavengers at the Fourth of July festivities may have only collected five cents per can, but that’s enough to buoy the income of many poor San Franciscans.

At the recycling hearing, David Mangan approached the podium to speak. His red hat was clean and his grey sweatshirt was ironed, but his face was worn with worry-lines and creases.

“I can’t walk more than about eight blocks at a time, and I’m unemployable because of my disabilities,” he told the committee. Recycling centers are a lifeline, he added. “I need this job, I’m on a limited income. I need the help they offer. I need them to stay open, please.”

Critics say some poor and homeless depend on a black market of recycling truck drivers who trade drugs for cans and bottles, then turn to recycling centers to make a profit. But those at the hearing said the extinction of recycling centers actually helps the mobile, black market recycling fleets bloom, as motorists have an easier time shuttling recyclables across the city.

So recyclers are increasingly forced to rely on these so-called “mosquito fleets” for far-flung trips to cash in their bottles.

 

SMALL BUSINESS BUST

Meanwhile, recycling center evictions are becoming a source of anxiety within the small business community.

State law establishes a half-mile radius called a “convenience zone” around any supermarket that annually makes more than $2 million. The supermarket is mandated to provide recycling on-site, accept recyclables in-store, or opt to pay a $100 a day fee.

With the eviction of SFCR from Church and Market, Safeway may opt to pay the fee. But that gap would leave surrounding businesses inside that convenience zone with the same options: accept recyclables in-store or pay $36,000 a year.

Miriam Zouzounis of the Arab-American Grocer Association said those options are daunting for liquor stores and mom-and-pop grocers.

“We just don’t have the space for [recycling],” she said at the hearing. If SFCR were to close, the total of small businesses shouldering the burden of state recycling fees would jump from 100 to more than 360, said Regina Dick-Endrizzi, director of the city’s Office of Small Business.

All told, San Francisco small businesses would be made to send $12.96 million in annual fees to California coffers because a few supermarkets didn’t want to handle recyclables. Mar is now calling upon all involved to step up and solve this glaring problem.

 

SOLUTIONS ON THE WAY

This week the Board of Supervisors is tentatively set to vote on a moratorium of recycling center evictions, introduced by Mar on June 24. The pause would give Mar time to form a work group with those involved: Department of the Environment, Department of Public Works, CalRecycle, local supermarkets, grocers, the Coalition on Homelessness, and others to come together to form a compromise solution.

Department of the Environment proposed a mobile recycling center, which Wiener called an equitable solution that would help distribute recycling responsibility evenly across the city. While that agency did not provide a timeline on the creation of a mobile recycling center before our deadline, it’s been in the works since 2012, when then-District 5 Sup. Christina Olague said it was the answer to the Haight Ashbury Recycling Center’s closure.

It’s been a long wait for a solution. And in the meantime, many more stand to lose.

Supervisors reject Pinterest proposal, protect PDR businesses from eviction

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A spirited hearing before the Board of Supervisors Land Use and Economic Development Committee yesterday [Mon/7] on the San Francisco Design Center’s application for landmark status kept social networking site Pinterest out of the building, for now.

A number of tenants facing eviction from the building appeared before the committee, with a large contingent voicing its opposition and concern over the application and a separate group favoring the proposal for its alleged revitalization of the Showplace Square district.

The proposal — which was tabled by the committee, effectively killing it unless district Sup. Malia Cohen has a change of heart — would have declared the Design Center a landmark, which would have allowed the new owner to get around its Production, Distribution, and Repair zoning and allow in more lucrative office tenants, ostensibly to fund renovations with their higher rents. But with the committee rejected the application, with Cohen in particular expressing concerns about the loss of PDR-zoned properties in her district and around the city.

Prior to the lengthy public comment period, members of Bay West Development, the management firm representing building owner RREEF Property Trust, spoke to the committee about the support that would be put in place for the evicted tenants, conceding, “We recognize the communication with the tenants has not been perfect.”

That support would include relocation funding, lease extensions, and hiring commercial realty brokers for the evictees, according to Bay West. When asked by Chair Scott Wiener how realistic it would be for evicted tenants to stay in the district, Bay West didn’t provide specifics, assuring the committee, “There is good quality space in this district and there are tenants who will find homes in adjacent properties.”

That response didn’t satisfy many worried tenants, including Jim Gallagher, who called the Design Center a “shining example of what PDR services should be.”

Though one speaker mentioned Pinterest’s unfairly negative portrayal in the issue, the overwhelming message from the tenants and Cohen was that the “virtual pinboard” company wasn’t necessarily at fault. Rather, the displacement of longtime residents and the loss of PDR space was the main concern for many.

Former Mayor Art Agnos also made an appearance at the hearing, calling the ordinance a “commercial version of the Ellis Act,” the state law that allows residential building owners to evict tenants. Agnos said the proposed ordinance was “replacing people working in blue and white collar jobs” and urged the committee to “close the loophole, kill it, and come back to the issue.”

Some tenants voiced support for the measure, reasoning the addition of Pinterest—and the elimination of what one supporter called the “exclusivity of high-end design”—would revitalize the district and be the “best of both worlds,” with new and old economies coming together.

But Nancy Morgan, a tenant who was previously evicted elsewhere, opined that displacing the tenants would mean that the same customers wouldn’t continue to come back. She also noted that some would be displaced under the nearby freeway, which could be dangerous in addition to driving away customers, although a Dogpatch resident scoffed at this claim.

Cohen gave her own thoughts, saying she ultimately agreed that the Design Center deserves landmark status because it was “impeccably maintained through the downturn,” but she felt uncomfortable going forward with the plans to displace the longtime tenants. She believed the decision wasn’t necessarily about the designation of the building, and that displacing long-term residents wasn’t in the spirit of the code or the landmark legislation.

“This decision today sets an important precedent,” Cohen said, calling it “an added layer of certainty in a world of uncertainty.”

The Fourth of July: Remembering the good old days in Rock Rapids, Iowa

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By Bruce B. Brugmann

(Note: In July of 1972, when the Bay Guardian was short a Fourth of July story, I sat down and cranked out this one for the front page on my trusty Royal Typewriter. I now reprint it each year by popular demand on the Bruce blog, with some San Francisco updates and postscripts.)

Back where I come from, a small town beneath a tall standpipe in northwestern Iowa, the Fourth of July was the best day of a long, hot summer.

The Fourth came after YMCA camp and Scout camp and church camp, but before the older boys had to worry about getting into shape for football. It was welcome relief from the scalding, 100-degree heat in a town without a swimming pool and whose swimming holes at Scout Island were usually dried up by early July. But best of all, it had the kind of excitement that began building weeks in advance.

The calm of the summer dawn and the cooing of the mourning doves on the telephone wires would be broken early on July Fourth: The Creglow boys would be up by 7 a.m. and out on the lawn shooting off their arsenal of firecrackers. They were older and had somehow sent their agents by car across the state line and into South Dakota where, not far above the highway curves of Larchwood, you could legally buy fireworks at roadside stands.

Ted Fisch, Jim Ramsey, Wiener Winters, the Cook boys, Hermie Casjens, Jerry Prahl, Elmer Menage, and the rest of the neighborhood gang would race out of  their houses to catch the action. Some had cajoled firecrackers from their parents or bartered from the older boys in the neighborhood: some torpedoes (the kind you smashed against the sidewalk); lots of 2 and 3-inchers, occasionally the granddaddy of them all, the cherry bomb (the really explosive firecracker, stubby, cherry red, with a wick sticking up menacingly from its middle; the kind of firecracker you’d gladly trade away your best set of Submariner comics for.)

Ah, the cherry bomb. It was a microcosm of excitement and mischief and good fun. Bob Creglow, the most resourceful of the Creglow boys, would take a cherry bomb, set it beneath a tin can on a porch, light the fuse, then head for the lilac bushes behind the barn.

“The trick,” he would say, imparting wisdom of the highest order, “is to place the can on a wood porch with a wood roof. Then it will hit the top of the porch, bang, then the bottom of the porch, bang. That’s how you get the biggest clatter.”

So I trudged off to the Linkenheil house, the nearest front porch suitable for cherry bombing, to try my hand at small-town demolition. Bang went the firecracker. Bang went the can on the roof. Bang went the can on the floor. Bang went the screen door as Karl Linkenheil roared out in a sweat, and I lit out for the lilacs behind the barn with my dog, Oscar.

It was glorious stuff – not to be outdone for years, I found out later, until the Halloween eve in high school when Dave Dietz, Ted Fisch, Ken Roach, Bob Babl, Jerry Prahl, Jack McBride, and the  rest of the Hermie Casjens gang and I made the big time and twice pushed a boxcar loaded with lumber across Main Street and blocked it for hours. But that’s another story for my annual Halloween blog.

Shooting off fireworks was, of course, illegal in Rock Rapids, but Chief of Police Del Woodburn and later Elmer “Shene” Sheneberger used to lay low on the Fourth. I don’t recall ever seeing them about in our neighborhood and I don’t think they ever arrested anybody, although each year the Lyon County  Reporter would carry vague warnings about everybody cooperating to have “a safe and sane Fourth of July.”

Perhaps it was just too dangerous for them to start making firecracker arrests on the Fourth – on the same principle, I guess, that it was dangerous to do too much about the swashbuckling on Halloween or start running down dogs without leashes (Mayor Earl Fisher used to run on the platform that, as long as he was in office, no dog in town would have to be leashed. The neighborhood consensus was that Fisher’s dog, a big, boisterous boxer, was one of the few that ought to be leashed).

We handled the cherry bombs and other fireworks in our possession with extreme care and cultivation; I can’t remember a single mishap. Yet, even then, the handwriting was on the wall. There was talk of cutting off the fireworks supply in South Dakota because it was dangerous for young boys. Pretty soon, they did cut off the cherry bomb traffic and about all that was left, when I came back from college and the Roger boys had replaced the Creglow boys next door, was little stuff appropriately called ladyfingers.

Fireworks are dangerous, our parents would say, and each year they would dust off the old chestnut about the drugstore in Spencer that had a big stock of fireworks and they caught fire one night and much of the downtown went up in a spectacular shower of roman candles and sparkling fountains.

The story was hard to pin down, and seemed to get more gruesome every year – but, we were told, this was why Iowa banned fireworks years before, why they were so dangerous and why little boys shouldn’t be setting them off. The story, of course, never made quite the intended impression; we just wished we’d been on the scene.  My grandfather was the town druggist (Brugmann’s Drugstore, “Where drugs and gold are fairly sold, since 1902″) and he said he knew the Spencer druggist personally. Fireworks put him out of business and into the poorhouse, he’d say, and walk away shaking his head.

In any event, firecrackers weren’t much of an issue past noon – the Fourth celebration at the fairgrounds was getting underway and there was too much else to do. Appropriately, the celebration was sponsored by the Rex Strait post of the American Legion (Strait, so the story went, was the first boy from Rock Rapids to die on foreign soil during World War I); the legionnaires were a bunch of good guys from the cleaners and the feed store and the bank who sponsored the American Legion baseball team each summer.

There was always a big carnival, with a ferris wheel somewhere in the center for the kids, a bingo stand for the elders, a booth where the ladies from the Methodist Church sold homemade baked goods, sometimes a hootchy dancer or two, and a couple of dank watering holes beneath the grandstand where the VFW and the Legion sold Grainbelt and Hamms beer  at 30¢ a bottle to anybody who looked of age.

Later on, when the farmboys came in from George and Alvord, there was lots of pushing and shoving, and a fist fight or two.

In front of the grandstand, out in the dust and the sun, would come a succession of shows that made the summer rounds of the little towns. One year it would be Joey Chitwood and his daredevil drivers. (The announcer always fascinated me: “Here he comes, folks, rounding the far turn…he is doing a great job out there tonight…let’s give him a big, big hand as he pulls up in front on the grandstand…”)

Another year it would be harness racing and Mr. Hardy, our local trainer from Doon, would be in his moment of glory. Another year it was tag team wrestling and a couple of barrel-chested goons from Omaha, playing the mean heavies and rabbit-punching their opponents from the back, would provoke roars of disgust from the grandstand. ( The biggest barrel-chest would lean back on the ropes, looking menacingly at the crowd and yell, “ Aw, you dumb farmers. What the hell do you know anyway? I can beat the hell out of any of you.”   And the crowd  would roar back in glee.)

One year, Cedric Adams, the Herb Caen of Minneapolis Star-Tribune, would tour the provinces as the emcee of local  variety shows. “It’s great to be in Rock Rapids,” he would say expansively, “because it’s always been known as the ‘Gateway to Magnolia.” (Magnolia, he didn’t need to say, was a little town just over the state line in Minnesota which was known throughout the territory for its liquor-by-the-drink roadhouses. It was also Cedric Adams’ hometown: his “Sackamenna,” as Caen would say.  Adams kissed each girl (soundly) who came on the platform to perform and, at the end, hushed the crowd for his radio broadcast to the big city “direct from the stage of the Lyon County Fairgrounds in Rock Rapids, Iowa.”

For a couple of years, when Rock Rapids had a “town team,” and a couple of imported left-handed pitchers named Peewee Wenger and Karl Kletschke, we would have some rousing baseball games with the best semi-pro team around, Larchwood and its gang of Snyder brothers: Barney the eldest at shortstop, Jimmy the youngest at third base, John in center field, Paul in left field, another Snyder behind the plate and a couple on the bench. They were as tough as they came in Iowa baseball.

I can remember it as if it were yesterday at Candlestick, the 1948 game with the Snyders of Larchwood. Peewee Wenger, a gawky, 17-year-old kid right off a high school team, was pitching for Rock Rapids and holding down the Snyder artillery in splendid fashion. Inning after inning he went on, nursing a small lead, mastering one tough Larchwood batter after another, with a blistering fastball and a curve that sliced wickedly into the bat handles of the right-handed Larchwood line-up.

Then the cagey Barney Snyder laid a slow bunt down the third base line. Wenger stumbled, lurched, almost fell getting to the ball, then toppled off balance again, stood helplessly holding the ball. He couldn’t make the throw to first. Barney was safe, cocky and firing insults like machine gun bullets at Peewee from first base.

Peewee, visibly shaken, went back to the mound. He pitched, the next Larchwood batter bunted, this time down the first base line. Peewee lurched for the ball, but couldn’t come up with it. A couple more bunts, a shot through the pitcher’s mound, more bunts and Peewee was out. He could pitch, but, alas, he was too clumsy to field. In came Bill Jammer, a farmer now in his late 30’s, but in his day the pitcher who beat the University of Iowa while playing for a small Iowa college called Simpson.

Now he was pitching on guts and beer, a combination good enough for many teams and on good days even good enough  to take on the Snyders. Jammer did well for a couple of innings, then he let two men on base, then came a close call at the plate. Jammer got mad. Both teams were off the bench and onto the field and, as Fred Roach wrote in the Reporter, “fisticuffs erupted at home plate.” When the dust cleared, Jammer had a broken jaw, and for the next two weeks had to drink his soup through a straw at the Joy Lunch cafe, John Snyder, it was said later, came all the way in from center field to throw the punch, but nobody knew for sure and he stayed in the game. I can’t remember the score or who won the game, but I remember it as the best Fourth ever.

At dusk, the people moved out on their porches or put up folding chairs on their lawns. Those who didn’t have a good view drove out to the New Addition or parked out near Mark Curtis’ place or along the river roads that snaked out to the five-mile bridge and Virgil Hasche’s farm.

A hush came over the town. Fireflies started flickering in the river bottom and, along about 8:30, the first puff of smoke rose above the fairgrounds and an aerial bomb whistled into the heavens. BOOM! And the town shook as if hit by a clap of thunder.

Then the three-tiered sky bombs – pink, yellow, white, puff, puff, puff. The Niagara Falls and a gush of white sparks.

Then, in sudden fury, a dazzling display of sizzling comets and aerial bombs and star clusters that arched high, hung for a full breath and descended in a cascade of sparks that floated harmlessly over the meadows and cornfields. At the end, the flag – red, white and blue – would burst forth on the ground as the All-American finale in the darkest of the dark summer nights. On cue, the cheers rolled out from the grandstand and the cars honked from the high ground and the people trundled up their lawn chairs and everybody headed for home. b3

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Will proposal to sell Hetch Hetchy power overshadow CleanPowerSF?

Supervisors Scott Wiener and London Breed have proposed an ordinance to allow the San Francisco Public Utilities Power Commission’s Power Enterprise to sell hydroelectric energy from the Hetch Hetchy dam to retail customers — particularly large real estate developments. Sup. Wiener and Breed say the ordinance would both generate revenue for the PUC and further the city’s overall goal of achieving a 100 percent greenhouse-gas free power mix. 

But how well does it fit into the city’s other clean energy goals? Some advocates of an existing citywide green energy plan worry that this new effort could cause a far more ambitious program to fall by the wayside.

For more than a decade, city government has been working toward implementing a clean energy plan through CleanPower SF, which aims to meet the city’s goal of 100 percent clean energy by allowing all San Francisco residents the choice of switching to a green power mix through the city-administered program, instead of remaining with PG&E. But CleanPower SF hangs in limbo, largely due to opposition from the SFPUC board, appointed by Mayor Ed Lee–whose regular meetings with PG&E officials have raised eyebrows.

The legislation proposing to broaden the sale of SFPUC’s hydroelectric power supply seeks to tackle some of the problems CleanPower SF might have addressed had it not been stalled. A press statement from Wiener noted that it aims to help build a large enough customer base for the SFPUC to generate sufficient revenues to maintain city infrastructure, as well as meeting the city’s overall target of 100 percent clean energy by 2030.

“My concern is that the Mayor’s office will say it’s something that will supplement CPSF [CleanPowerSF] and say that’s enough,” said Jason Fried, Executive Officer of the Local Agency Formation Commission. “I want to make it clear that it [proposed ordinance] is really meant to compliment CleanPower SF.”

But just exactly how—and how much—the proposal would complement CleanPower SF is still up for debate. Fried said Wiener’s new proposal complements CleanPower SF because it ultimately gives people more choices. “I don’t know how you can argue with giving people more choices,” he said.

But the legislation is targeted at large, private developments, rather than renewable energy options for community members. Which is why Fried emphasized that proposed ordinance shouldn’t been seen as a replacement to the city’s existing Community Choice Aggregation (CCA) program, CleanPower SF.

Eric Brooks, a long-time advocate of CleanPower SF, insists the legislation would complement CleanPowerSF only if, “CleanPowerSF was given first right to purchase Hetch Hetchy power from the PUC.” This would allow the ordinance to focus on community members rather than just large, private developments, he said.

“Being able to balance different types of power like solar, wind and hydro, and being able to furnish consistent hydro power during high usage together would also help keep rates lower so that the CleanPowerSF can deliver power at lower prices,” he added.

Officials from the Sierra Club echoed Brooks, saying that the Sierra Club “supports the legislation in concept,” but requests that the legislation incorporate the ability for CleanPower SF to purchase Hetch Hetchy power from the PUC Power Enterprise.  “You have to look at it as peeling customers away from PG&E,” said John Rizzo, Sierra Club’s political chair. “The more you do that, the greener we can become.”

Although Brooks said he plans to meet with Sup. Wiener regarding how the ordinance could work in tandem with CleanPower SF, officials from Sup. Wiener’s office indicated that the ordinance is inherently separate from CleanPower SF. “[The ordinance] doesn’t further or hinder CPSF [Clean Power SF],” said Andres Power, Wiener’s legislative aide, who was involved in drafting the legislation. “It’s neutral from that perspective.”

Responding to questions about the legislation’s relationship with Clean Power SF (and whether or not collaboration might be a good strategy), Jeff Cretan, another of Sup. Wiener’s legislative aides, said, “Innovative solutions can come from multiple directions.” He further explained that, if passed, the legislation “could prove how other clean power initiatives can be successful.”

Pride and prejudice

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joe@sfbg.com

As Pride celebrations across the country unfurl their rainbow flags this month, teacher tenure in California suffered a stunning blow from a Los Angeles Superior Court, undermining protections that have shielded the LGBT community from discrimination.

Although the decision will likely be appealed, Judge Rolf M. Treu’s ruling galvanized teachers unions and evoked memories of conservative attacks on gay teachers in the 1970s, including the unsuccessful Briggs Initiative that was a rallying point for then-Sup. Harvey Milk and a new generation of LGBT political leaders.

“To jeopardize any of the protections we have now, it’s a thinly veiled attempt to demoralize teachers, and it’s an attack on public education,” Assemblymember Tom Ammiano, the San Francisco Democrat who began his political career as an openly gay teacher campaigning against the Briggs Initiative, told the Guardian.

LGBT rights and teacher tenure may seem to have little in common, but a peek at the movers and shakers in the LGBT and teachers’ rights movements show an interconnected relationship of protections and the players who fight for them. Loss of tenure can threaten the protection of minority groups, academic freedom, and unpopular political speech, despite employment rights gained in recent years.

“We’ve beaten back that thinking,” Ammiano said, “but it’s still lurking.”

In California, K-12 teachers are shielded by legal protections often referred to commonly as tenure. Permanent status is the backbone of these protections, offering an arbitration process for teachers who administrators intend to fire. Also struck down by the judge was the First In, First Out law, which protects veteran teachers from layoffs by letting go of recent hires first.

In his ruling, Treu said these policies created an environment where students were burdened by ineffective teachers who were difficult to fire, disproportionately detracting from minority students’ education quality in the most troubled schools.

“The evidence is compelling,” the judge wrote in his ruling, “indeed, it shocks the conscience.”

Many education advocates vehemently disagreed with that ruling, and the veracity of the evidence will be further weighed in upcoming appeals. But along the way to pursuing equality for students, the equality of teachers may find itself eroded by an unlikely new hero of the LGBT movement: A conservative attorney who fought against marriage discrimination, but also litigated against the legacy of an LGBT legend.

 

HERO OF MARRIAGE EQUALITY

The morning last year when the US Supreme Court ruled to overturn California’s ban on same-sex marriage, Proposition 8, San Franciscans gathered inside City Hall by the grand staircase. Men held men, women held women, and families held the their children tight.

When the court’s decision finally hit the news, the outcry of happiness and surprise at City Hall was deafening. The expressions on the faces of those there was that of joy with many understandably streaked by tears. Attorney Theodore Olson helped litigate against Prop. 8 and won, and as he fought for gay rights, his face was often streaked with tears as well, LGBT rights activist Cleve Jones told us.

“There was a part of that trial when the plaintiffs Kris Perry and Sandy Stier described their love for each other,” Jones said. “I was sitting with their family in [US District Court Judge] Vaughn Walker’s court. When we broke, Ted Olson went to embrace them and there were tears on his face.”

But Olson is not a poster child for most politics considered the realm of liberals and Democrats. Olson and fellow Prop. 8 litigator Attorney David Boies were on opposing sides of the Bush v. Gore case that Olson won, handing George W. Bush the presidency in 2000. Olson was then appointed solicitor general of the United States, often leading conservative causes.

 

Olson and Boies will talk about their new book Redeeming the Dream: The Case for Marriage Equality at the LGBT center on June 25 (joined by Supervisor Scott Wiener), but Olson gave us a glimmer of those motivations.

Olson, a Los Altos native who attended UC Berkeley School of Law, told the Guardian in a phone interview that his stand on gay rights was based on conservative principles: “I think of conservatives as including people who are libertarians and respect individual liberty.”

 

A trailer for “The Case Against 8,” which features Ted Olson heavily.

He said the right to marry the person of one’s choosing should be an individual right that government has no business banning. That belief in individual liberty is at the core of his political principles. “It affects me in absolutely the deepest personal way,” he told us.

Whatever his ideological motivations, Olson became a hero in the LGBT community. But this year, he was one of the attorneys who convinced Judge Treu of the evils of teacher tenure. In the trial, Olson claimed one Oakland teacher was harming elementary students’ educational outcomes: “The principal couldn’t remove that teacher. These stories are so awful, sometimes you feel people are exaggerating.”

Yet the problems afflicting Oakland schools and its children, the unions argued, are not due to teacher tenure. In a city with high violence rates, students’ broken homes, low teacher pay, and difficult working conditions, critics say Olson oversimplified and misrepresented a complex problem.

“We all know there are problems in our schools,” Jones, who works with unions, told us. “But there’s never of course discussion about poverty, or students growing up in single families, or class sizes.”

These were all arguments the union made against Olson, unsuccessfully. The decision to remove protections for teachers may send ripples into other states and spur increased attacks on teacher protections.

And unlike California, which has strong anti-discrimination protections, that campaign may allow teachers of other states to be fired or dismissed for coming out of the closet, an issue that helped elevate Harvey Milk into such an iconic leader.

 

ECHOES OF BRIGGS

Jones and Ammiano fought alongside Milk against Proposition 6 in 1978, known as the Briggs Initiative, which would have made it illegal for openly gay people to teach. Then-Sen. John Briggs and his allies associated gay teachers with child molesters and frequently said they may influence children to become gay.

“I was born of heterosexual parents, taught by heterosexual teachers in a fiercely heterosexual society,” Milk said in a speech at the time. “Then why am I homosexual if I’m affected by role models? I should’ve been a heterosexual. And no offense meant, but if teachers are going to affect you as role models, there’d be a lot of nuns running around the streets today.”

This fight may be history, but Ammiano said such biases are still with us today, such as with how some see the transgender community. “We’re holding people at bay around LGB issues, but the T part now is the crossroads for the right wing [activists] who are rolling back protections,” he said.

Only 30 US states offer employment protections for sexual orientation, and some of those only cover government employees, according to a study by Center for American Progress. Only 23 states protect against firing for gender identity.

Vulnerable teachers lacking protections granted by tenure or equal employment laws are still being fired in California and across the country. In April, a transgender Texas substitute teacher was fired for making children “uncomfortable,” according to news reports. In Glendora, California, a teacher was fired from a religious private school after a photo of he and his husband kissing on their wedding day made the local newspaper.

This month, President Barack Obama announced an Executive Order mandating federal contractors enact policies protecting workers from dismissal due to sexual orientation or gender identity. Many speculate this was announced to press Congress to pass the Employment Non-Discrimination Act, which would protect private employees from discrimination based on gender or sexual orientation.

briggs

“This is only round one,” stated Senator John Briggs to the press about the defeat of Proposition 6, Nov. 7, 1978, at a Costa Mesa hotel. Proposition 6, called the Briggs Initiative, prohibits gay teachers from working in California public schools. AP file photo by Doug Pizac

But ENDA has stalled for years, despite the best efforts of advocacy groups nationwide. And as the country awaits equality, many teachers’ last hope against unlawful dismissal is tenure. In fact, tenure laws were first drafted after the Red Scare and Sen. Joseph McCarthy’s witch-hunt for communists, California Federation of Teachers spokesperson Fred Glass told us.

Yet Olson recoils at linking LGBT rights to teacher protections. “I support wholly protections for people for who they are, for heaven’s sakes,” he told us, mentioning that Milk “was very much an inspiration and very important to us.”

And Jones still thinks of Olson as a hero, saying that life and politics are complex.

“Irony abounds,” Jones said. “I don’t square it. You can’t square it. It’s there. But my respect for Ted Olson is based on his very genuine support for our community on the issue of marriage. For LGBT people to win equalit,y it’s important there’s a national consensus, it can’t just be from the left. Ted Olson was incredibly important with that effort and will be remembered generations for now. You don’t have to like everything about Ted Olson or President Obama to acknowledge they had a profound effect.”

Free Sunday meters challenge rejected, SFMTA board’s independence questioned

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The San Francisco Board of Supervisors voted to reject an environmental appeal of the decision to repeal paying for parking meters on Sundays, which was voted on by the San Francisco Municipal Transportation Agency in April as part of the agency’s annual budget approval.

It was a hotly contested decision, as competing interest groups fought for their slice of Muni’s funding. SFMTA Chairman Tom Nolan told us at the time, “As long as I’ve been on the SFMTA board I’ve never felt more pressure.”

This week’s appeal to the Board of Supervisors focused on one aspect of the overall SFMTA budget: the repeal of paid Sunday meters. 

“I appreciate there is frustration,” SFMTA Director Ed Reiskin said to the board. That was an understatement.

The Sunday meters benefit many, the appeal’s filers contended: Less cars circled around looking for parking (because more drivers could actually find spots) meant reduced congestion and safer streets for bicyclists and pedestrians. It’s a sign of the strength of the argument that the appeal was filed by transit advocacy group Livable City (whose executive director is BART board member Tom Radulovich) and Mario Tanev, a very bright policy wonk over at the San Francisco Transit Riders Union. 

The SFMTA’s own data proves the Sunday meters were good for the city,” Cynthia Crews of the League of Pissed Off Voters said to the board. “We need to stop playing chicken with public safety.”

But despite the environmental benefits of paid meters, the appeal was rejected. The reasons are buried in political gobbledygook, but untangling the complex story reveals the mayor’s power, and his missteps. 

Firstly, the environmental appeal wasn’t exactly aimed at the meters themselves, but at the SFMTA budget as a whole. That’s because the SFMTA board didn’t vote to repeal Sunday meters directly, but stuffed it into their approved budget, which is exempt from California Environmental Quality Act review. It was like serving up a distasteful Sunday meter fruitcake with the Muni budget holiday meal: You’d better eat the whole dinner, or else you’re not eating at all. 

Budgets are statutorily exempt from environmental review (otherwise there’d be an EIR with every major financial decision). So the Sunday meters were approved through a politically tactical move, shielded by the environmental exemption cloak of the budget.

This meant the environmental appeal yesterday targeted not just the meters, but it could effectively challenge the entire SFMTA’s right to environmental review exception for its budgets, supervisors said. They also warned such a challenge may set a precedent for other budgets from other agencies to not be exempt from environmental review, an onerous burden. That was too big of a pill for the board to swallow, which is likely why only two supervisors voted against granting the SFMTA the CEQA exemption: John Avalos and Eric Mar. 

Yet most of the political maneuvering wasn’t from the board, but from Mayor Ed Lee, a problem Supervisor David Campos used this review hearing to highlight. Even if you do or don’t want to see Sunday meter parking, irrespective of the issue,” Campos said, “I think the way this matter was handled by the SFMTA, respectfully, is not something anyone should be happy with.”

He continued: “Let’s be clear: The reason why the SFMTA budget included an item that did not provide for funding from Sunday meters is because the mayor wanted it that way. We have a budget system that is essentially run by decisions made in the Mayor’s Office.”

We posed this idea in our story “Politics over Policy” [4/22], contending that because the SFMTA is appointed by the mayor (meaning, he picks and chooses who is on the board), the board members are therefore politically beholden to the mayor. 

Campos drove this point home at the meeting: “I think there’s something to be said when the appointment of one official (on the SFMTA board) is entirely dependent on [the mayor], who can disagree or agree with the decisions you made.”

The night before our last story went to print, SFMTA Board Chariman Tom Nolan told us that was in fact exactly what happened on the Sunday meter issue. The SFMTA board, whose directors vote on resolutions every week, received a phone call from the mayor asking for a specific vote. And he got it.

Ed Resikin, myself, and a few others in a conference call [with the Mayor’s Office],” Nolan said. He told us the central message of the call was this: The mayor wanted to put a vehicle license fee increase on the city’s November ballot. In order to do that, the mayor contended, car drivers needed to feel like they weren’t being nickled and dimed. Paid Sunday meters had to go. 

That was where they advanced the idea that the mayor wanted to do that,” Nolan told us. “That call was right before the mayor’s State of the City message.”

Nolan is an affable, straightforward person. The budget the SFMTA passed came on the heels of a fiery meeting, filled to the gills with activists from the senior and persons with disabilties communities. They asked for free Muni for those same groups, which would cost less money than the Sunday meters would bring in — many at the meeting said the meters could pay for the free Muni service. The need is dire, as some seniors said they regularly made the choice between groceries and a Muni pass.

Nolan sounded deeply effected by their stories.

“Muni is for everybody, especially those who need it most,” he said. “The testimony was very heartbreaking. It’s expensive to live in this city.” 

But in the end, he told us, the mayor felt it was best to kibosh the Sunday meters, which deprived the SFMTA of funding to make Muni free for qualified seniors. We asked Nolan if the mayor had outsized influence on the SFMTA board.

“I think people are aware that we are quasi-independent,” he said. “We are clearly part of the city family. I can assure you that this happens very seldom that we get this pressure from the Mayor’s Office. He’s a very open-minded guy, really, and he has a high tolerance for ambiguity, which I like.”

“But,” you don’t turn him down, he said, because, “he’s the mayor.”

SFMTA Board Director Cheryl Brinkman supported paid Sunday meters. But when justifying her vote to repeal them, she told the packed board meeting the “best political minds” in the Mayor’s Office said it was the right thing to do in order to pass the VLF increase ballot measure.

But in a move that outraged Sup. Scott Wiener and many others, just this month Lee dropped the VLF ballot measure altogether for this year, eventually agreeing to support its placement on the November 2016 ballot.

So to pave the way for success at the ballot box the board rejected free Muni for seniors and lost over $10 million in Muni funding. And in the end, the mayor threw all the justification for his compromises out the window.

Best political minds, indeed. 

Justice delayed is justice denied

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EDITORIAL Members of the San Francisco Board of Supervisors who try to identify with both the progressive movement and business-oriented Mayor Ed Lee — most notably, Sups. David Chiu and Jane Kim — engaged in a strange bit of self-congratulations during their June 10 meeting, patting themselves on the back for a trio of “progressive” reforms.

Yet in each case, the measures are weaker than they should be and too long overdue — and they have their full implementation delayed for years, while the needs of the people they aim to serve are immediate. What Kim and Chiu presented as a demonstration of political effectiveness on behalf of needy constituents is actually just the opposite. It is political cowardice and not political courage.

The best of the trio of approvals was a measure by Sup. David Campos that finally closes the loophole that allows employers to satisfy their employee healthcare mandate by creating healthcare savings accounts, which they make difficult to use and then pocket the money that remains.

This should have been enacted three years ago when Campos first won approval for it, only to see Lee veto it and Chiu sponsor a watered-down alternative that didn’t address the problem. Even now, in order to win over Sups. Mark Farrell and London Breed to attain a veto-proof majority, Campos had to delay full implementation until 2017.

“I also want to commend Sup. Campos for finding compromise,” Chiu said before joining the inevitable majority, a snide dig at his Assembly race opponent that only served to reinforce Campos’ campaign trail points that Chiu’s compromises are often just sellouts to downtown interests. This watered-down version, albeit better than the last watered-down version, also won unanimous approval.

Another kumbaya moment came with the introduction of a consensus ballot measure for increasing the minimum wage in San Francisco, with the Mayor’s Office and business community finally agreeing with the campaign by labor and progressive groups to increase the minimum wage to $15 — but delaying that implementation to 2018. How much displacement and economic hardship will San Franciscans experience between now than then?

Chiu and Kim also sang the praises of Lee for finally agreeing to finally keep his word and support a local increase in the vehicle license fee to fund safer and smoother streets and more money for Muni. But rather than this year as promised, that measure will be on the November 2016 ballot, pushing it back from prosperous to uncertain times.

At the June 12 Guardian community forum, Sup. Scott Wiener said he may still move forward with his proposed charter amendment to give Muni more general fund money until the local VLF is approved, and we strongly urge him to so do.

“Justice delayed is justice denied” is a legal maxim that this board full of lawyers is certainly familiar with. Their delays of crucial reforms are disgraceful and damaging to the city, and for them to congratulate themselves for doing so is insulting.

Extra! Extra! Sunshine advocates beat the Anti-Sunshine Gang in City Hall

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 By Bruce B. Brugmann

And so the  Anti-Sunshine Gang in City Hall, which for two years has been conducting a nasty vendetta against the Sunshine Ordinance Task Force,  capitulated quietly at Tuesday’s Board of Supervisors meeting without a fight or even a whimper.

The capitulation came in a two line phrase  buried in item 28 in the middle of the board’s agenda.  It was a report from the rules committee recommending  the Board of Supervisors approve a motion for  unnamed nominees to the Sunshine Ordinance Task Force. “Question:  Shall this Motion be approved.”

Board Chair David Chiu asked for approval in his usual board meeting monotone. And the approval came unanimously, with no dissent and no roll call vote and not a word spoken by anybody.  He banged the gavel and that was that. And only a few veteran board watchers knew that this was the astonishing  end to a crucial battle that pitted the powerfuf Anti-Sunshine Gangs against the sunshine forces and the citizens of San Francisco. It was a battle that would decide whether the task force would remain an independent people’s court that would hear and rule on public access complaints.  Sunshine won.

It was ironic and fitting that Chiu presided over the capitulation. For it was Chiu as board president who orchestrated  the deal to demolish Park Merced and then orchestrated the  infamous 6-5 board vote  in September 2010 approving  a monstrous redevelopment  project that would evict lots of tenants, and destroy most of the affordable housing. This was a big deal because the housing crisis was heating up and Park Merced was the largest affordable community in the city and one of the largest In the nation. This is where tens of thousands of young people, young married couples, students and faculty at nearby San Francisco State, older people, and middle class people had come for generations with their families to live in affordable housing in an  “urban park,” as Park Merced promo once put it.

And it was Chiu as board president who was charged by the Sunshine Task Force, along with Supervisors Scott Wiener, Malia Cohen, and Eric Mar with violating the Sunshine Ordinance and the state’s open meeting law (Brown Act) when they approved the project with blazing speed.. 

Wiener, Cohen, and Mar were on the board’s Land Use and Economic Development Committee when they voted on the contract. Literally minutes before the committee vote, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting blessed the amendments by saying, gosh, golly, gee, no problem, the amendments do  not substantially alter the contract and therefore the description of the item on the agenda was still apt and the committee could act on it. Bombs away! The full board approved the contract the same day by one vote.

This sleight of hand and pellmell approval process meant that Park Merced was going,going, gone and in its place would be a project that “has no hindsight, no insight, or foresight,” as Planning Commissioner Kathryn Moore was quoted as saying in a scathing Westside Observer column by landscape architect Glenn Rogers. “It is not a project of the 21st century.  It is the agenda of a self-serving developer.”

 The Observer, to its immense credit, was the only media in town to blast away at the project. (Read its coverage and weep, starting with a June piece by Pastor Lynn Gavin who wrote that the Park Merced owners did not disclose to her or her family that they “were going to demolish the garden apartment that was our home.”)  Gavin and her neighbors took the formal complaint to the Sunshine Ordinance Task Force and got a unanimous 8-0  ruling condemning Chiu, Wiener, Cohen, and Mar for open government violations.

It was a historic ruling by the task force and demonstrated once again in 96 point tempo bold the irreplaceable value of the people’s court.  The ruling also had impact because it amounted to a stinging  expose of how government often works in San Francisco with big money and big development and how one vote can add gallons of high octane petrol to the housing crisis. It angered the hell out of the six supervisors who voted for the project.

 And in effect, it gave rise to what I call the Anti-Sunshine Gang in City Hall whose response to the ruling was, not to apologize and change their illegal ways, but to start a vicious vendetta against the task force for doing the right thing at the right time.  The six votes were David Chiu, Scott Wiener, Malia Cohen, Mark Farrell, Sean Elsbernd, and Carmen Chu. Elsbernd has gone on to Sen. Diane Feinstein’s office in San Francisco and Chu to becoming assessor. But the gang picked up other allies along the way, notably the city attorney’s office.

Two years ago, when the task force members came to the board for reappointment, the Anti-Sunshine Gang retaliated and swung into action by “launching a smear campaign aimed at purging the eight task force members who had unanimously voted to find the violations,” according to Richard Knee, a 12 year veteran of the task force, in a June column in the Observer.  Knee, who represents the local chapter of the Society of Professonal Journalists, also wrote that “the mayor and the Board of Supervisors…made sure that the panel gets minimal funding, staffing and resources, and the board has refused to fill two long standing vacancies, making It difficult at times to muster a quorum since task force members are volunteers with outside responsibilities such as family and work.

“Two year ago, the board’s failure to appoint a physically disabled member forced the task force to take a five month hiatus, exacerbating a backlog of complaints filed by members of the public.This year, Knee wrote,  the start of the appointment process was “farcical and ominous.”  He explained that, at the May 15 meeting of the board’s rules committee, which vets applicants for city bodies, the two supervisors present chair Norman Yee and Katy Tang (David Campos had an excused absence) “complained that there weren’t enough racial/ethnic diversity among the 13 candidates. “That didn’t deter them from recommending the reappointments of Todd David, Louise Fischer, and David Pilpel, all Anglos.”

Before the full board five days later, Yee complained again, “this time that lack of a regular schedule and frequent switching of meeting dates were making attendance difficult for task force members. Either Yee had no clue of the facts or he was lying.” Knee explained that the task force normally meets the first Wednesday of each month and its subcommittees usually meet during the third week of the month.

“Meeting postponements and cancellations are the result, not the cause, of difficulties in mustering a quorum, due to the vacancies—which now number three.

“In gushing over David, Fischer, and Pilpel, at the board’s May 20 meeting, Wiener offered no evidence or detail of their alleged accomplishments and ignored the fact that David has missed six task force meetings since March 2013, including those of last February and April. Until the board fills the other seats, the five remaining incumbents—Chris Hyland, Bruce Oka, David Sims, Allyson Washburn, and yours truly—stay on as ‘holdover’ members.”

Meanwhile, by the next session of the Rules Committee on June 5, the sunshine advocates had rallied and put together an impressive mass of sunshine power. Testifying at the hearing were representatives from SPJ and the journalism community, the League of Women Voters, the ACLU, the sunshine posse, the Library Users Association, the Bay Area News Group, the Inter-American Press Asociation, the Center for Investigative Reporting, the UC-Berkeley Graduate School of Journalism, the First Amendment Coalition, the  Electronic Frontier Foundation, the Observer and neighborhood activists, and other sunshine allies and FOI groupies. It was quite a show of force. 

SPJ placed a pointed, timely op ed in the Chronicle (“SF Supervisors block Sunshine Ordinance Task Force,” good of the Chron/Hearst to run it but better if the paper didn’t black out local sunshine issues.) Members of the posse peppered the gang with public record requests aimed at tracking skullduggery and they found it. Reps from the groups lobbied the supervisors by email, phone, and personal office visits. And the word that the Anti-Sunshine Gang was back and on the gallop shot through the neighborhoods and around town and into election campaigns and among constituents of the gang.

SPJ and its vigorous Freedom of Information Committee under co-chairs Journalist Thomas Peele, of Chauncey Bailey fame, and Attorney Geoff King  were particularly effective. Peele is an investigative reporter with the Bay Area Newspaper Group, a lecturer on public records at the UC-Berkeley Graduate School of Journalism, and author of a respected book on Chauncey Bailey, a black journalist murdered on his way to work.

The word got around that the supervisors were blocking strong pro-sunshine candidates for the task force and that their first three nominees were the weakest of the lot. Campos, a stellar sunshine advocate, was back at the committee meeting, making the right calls and shepherding the strong nominees along through the committee and the Board of Supervisors.  Great job.

The cumulative weight and force  of the presentations of the nominees and the sunshine advocates made the proper political point:  any supervisor who voted with the Anti-Sunshine Gang was going to face their constituents and voters with the brand of being anti-sunshine and anti- government accountability.  More: they would have to answer some embarrassing questions: Who lost Park Merced? Who voted to turbo charge evictions and middle class flight from the city for years to come? Who tried to cover up the outrage and who did it? And who led the retaliatory vendetta against the Sunshine Ordinance Task Force for doing the right thing on behalf of sunshine in San Francisco?

And so the Board of Supervisors was dragged kicking and screaming into the sunshine of June 2014 and beyond. The supervisors ended up nominating what looks to be one of the strongest pro-sunshine task forces: Attorney  Mark Rumold and journalist Ali Winston from SPJ, Allyson Washburn from the League of Women Voters, Attorney Lee Hepner, Journalist Josh Wolf, and holdover Chris Hyland. Plus Bruce Oka who looks to be a late holdover in the disabled seat. Congratulations for hanging in and winning, hurray for the power of sunshine, on guard,  B3

P.S. l: PG&E institutionalizes City Hall secrecy and corruption:  The pernicious influence of the Anti-Sunshine gang hung heavy over the rules committee.  Tang tried to force every candidate to take a pledge of allegiance to the city attorney. Tang is the kind of neighborhood supervisor (Sunset) who has a 100 per cent Chamber of Commerce voting record. Her city attorney pledge demand was laughable on its face, given the fact that the city attorney refuses to move on the PG&E/Raker Act scandal and thus has helped institutionalize secrecy and corruption in City Hall on a multi-million dollar scale for decades. Which is reason enough for the city to always maintain a strong, enduring Sunshine Ordinance Task Force, to help keep tabs on how PG&E keeps City Hall safe for PG&E and its allies. (See Guardian stories and editorials since 1969.)  

Tang and Yee continued the gang’s hammering on Bruce Wolfe, a worthy candidate for the disabled seat whose main sin was that he was one of the Honorable Eight who voted condemnation.  The gang knocked out Wolfe as a holdover candidate the first time around and they were at it again at the committee meeting. Oka says he wants to resign from the task force but only when the board finds a good replacement. Wolfe, who was an effective and knowledgeable sunshine task force member, is the obvious replacement but he is still on the purge list.  Stay tuned on this one. . 

There are three things that no one can do to the entire satisfaction of anyone else: make love, poke the fire, and run a newspaper. William Allen White, 1917, line atop the editorial page of the Durango Herald, Durango, Colorado. 

Campos wins veto-proof support for closing the city healthcare coverage loophole UPDATED

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Sup. David Campos appears to have finally succeeded in his years-long quest to prevent San Francisco employers from pocketing money the city requires them to use for employee health care costs after winning over two key supervisors to secure a veto-proof majority at today’s [Tues/10] Board of Supervisors meeting.

His reform legislation on today’s agenda will be amended by Campos, he told us, to win the support of Sups. Mark Farrell and London Breed. The changes phase out the loophole over three years, making 60 percent of the money in employee health savings accounts off limits to employers next year, 80 percent the following year, and not letting employers reclaim any of these funds by 2017.

“Even if we don’t get to 100 percent right away, once you get past 50 percent it’s a done deal, so I feel good about it,” Campos told us, explaining that even the phased-in legislation will immediately discourage employers from using health savings accounts and to instead put that money toward private insurance or city-run programs such as Healthy San Francisco.

The veto-proof majority is key given that Mayor Ed Lee vetoed similar legislation in 2011, later signing a watered down compromise measure by Board of Supervisors President David Chiu that required employers to maintain the funds for two years before taking them back.

Campos said that reform clearly didn’t work, with that total funding left over in the health savings accounts rising from about $60 million two years ago to about $90 million now. That outcome was predicted by Campos at the time, noting that employers had a disincentive to encourage employees to tap the funds.

“It didn’t work. The numbers showed the money still wasn’t being spent, which is what we said would happen,” Campos told us.

Exacerbating the problem was the fact that the federal Affordable Care Act (aka Obamacare) placed new restrictions on how health savings accounts may be used, fro example banning their use on insurance premiums. Health savings accounts are widely considered far inferior to private insurance at providing quality healthcare, but federal law (ERISA) precluded the city from banning their use by employers to satisfy the city’s health coverage requirement.

Supervisors who haven’t yet committed to supporting Campos’ legislation are Chiu, Scott Wiener, and Katy Tang, but Campos predicted they may sign on now that the measure has a veto-proof majority: “We’re hopeful that with a veto-proof majority, it may be a unanimous vote at the board.”  

UPDATE 6/10: The board unanimously passed the measure on first reading, prompting a sustained standing ovation from the workers and labor advocates who filled the board chambers for the hearing. 

Transportation funding faces key test after Mayor Lee flips on VLF increase UPDATED

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Facing a deadline of tomorrow’s [Tues/10] San Francisco Board of Supervisors meeting to introduce measures for the November ballot, advocates for addressing the city’s massive long-term transportation funding gap still hope to introduce an increase in the local vehicle license fee, even though the once-supportive Mayor Ed Lee has gotten cold feet.

While Lee and all 11 of the supervisors support a $500 million general obligation bond that would mostly go toward capital improvements for Muni — a measure almost certain to be approved by its July 22 deadline — the local VLF was originally presented by Lee as a companion measure to fund Muni, street resurfacing, and bike and pedestrian safety improvements.

But when Lee got spooked by a poll in December showing 44 percent voter approval for increasing the VLF and the need to actually do some campaigning for the measure, he withdrew his support and left cycling, streets, and safety all severely underfunded. A report last year by the Mayor’s Transportation Task Force pegged the city’s transportation infrastructure needs at $10.1 billion over 15 years, recommending just $3 billion in new funding to meet that need, including the embattled VLF measure.

“It’s important for us to move forward with the local VLF,” Sup. Scott Wiener, who has taken the lead on ensuring local term transportation funding, told the Guardian. “If this is not the right election, then we have to say which election we will move this forward.”

But so far, Wiener hasn’t gotten a commitment from the Mayor’s Office, with which he says he’s still in active talks. The Mayor’s Office also hasn’t returned Guardian calls on the issue. If Wiener doesn’t get an assurance that the VLF will go before voters, then he says that he’ll push another fall ballot measure that he introduced May 20, which would increase the city General Fund contribution to Muni as the population increases, retroactive to 10 years ago (thus creating an initial increase of more than $20 million annually).

“It would be in lieu of the VLF, not in addition to it,” Wiener said the rival measure, noting that he prefers the local VLF, a stable and equitable funding source that wouldn’t cut into other city priorities. [UPDATE 6/10: Wiener said he received a commitment from Lee to place the VLF increase on the 2016 ballot, so he is dropping his measure to increase Muni funding as the population increases].

Sen. Mark Leno spent about 10 years winning approval for the authorizing state legislation that authorizes San Franciscans to increase the VLF, enduring two governors’ vetoes along the way before getting Gov. Jerry Brown to sign it into law last year.

Wiener notes that the measure would increase the VLF in San Francisco to 2 percent, restoring it its longtime level before Arnold Schwarzenegger used a VLF reduction as a campaign issue to get elected governor, slashing it to 0.65 percent in 2003.

“That action by Gov. Schwarzenegger has deprived California of about $8 billion per year,” Wiener told us. “This is not some newly minted fee, it restores the VLF to what it was going back to the ‘50s.”

San Francisco Bicycle Coalition Director Leah Shahum said she was disappointed that Lee didn’t follow through on his commitment to fund bike and pedestrian safety improvements through the local VLF, but she said there is wide support on the board for the measure.

“Tomorrow is the big day, but we’re hearing real strong support for the measure,” Shahum told us. “I feel strongly there will be eight supervisors committed to introducing the measure.”

That two-thirds vote threshold is part of the legislation that enabled San Francisco to increase its VLF, but Shahum said she believes there is that level of support on the board for doing the VLF increase this year, which the SFBC would actively campaign for.

“The whole idea was these things would go as a package,” Shahum told us. “This is a huge deal for us. Give the voters a chance to vote for safe and smooth streets.”   

Lee’s abandonment of the VLF comes in the wake of his SFMTA appointees’ repeal of Sunday parking meters, which Lee said was driven by a desire to win over car-driving voters for his transportation measures. Last month on Bike to Work Day, Lee and other city officials also touted the measures as important for bike project, although Shahum said the general obligation bond does little for cyclists, except for an allocation for renovating Market Street. 

“There is not a desigination for bike safety and infrastructure, that was goign to be all in the VLF measure,” Shahum said. 

Wiener cited the long road that Leno traveled to give San Franciscans that opportunity as a reason to move forward with increasing the VLF, a progressive tax that charges more for luxury cars than old beaters used by the working class, but Leno was a bit more circumspect about the situation.

“If it taught me anything, it’s patience,” Leno told us about the long road to let San Francisco authorize a higher VLF. “As with anything in the world, timing is everything.”

Leno said support from labor, the business community, and all of City Hall’s top leaders are all necessary to win voter support for increasing the VLF, so it’s crucial that everyone is enthusiastically on board. “I think we may only have one shot, so when we go to the ballot, we need to have our coalition intact.”

Without commenting on the wisdom of delaying the vote this year, Leno said that if that happens, it’s crucial to get everyone to commit to passing it in 2016, a position Wiener also supports.

“There are times when we need to have a long view,” Leno told us. “But one way or the other, we have to get serious about identifying dedicated revenue to invest in Muni or we will all pay a serious price.”

 

To participate in a public forum on this and related matters, please join us this Thursday evening for “Bikes, Buses, & Budgets: How to create the transportation system San Franciscans needs.” This Bay Guardian community forum, from 6-8pm at the LGBT Center (1800 Market), will feature Wiener; SFBC community organizer Chema Hernandez Gil; Jason Henderson, an urban geography professor at SFSU who writes the Guardian’s monthly Street Fight column; and others, moderated by yours truly. It’ll be fun, informative, and one lucky attendee will leave with a A2B electric bike as part of a free raffle at this free event.    

Alerts: June 4 – 10, 2014

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WEDNESDAY 4

 

Transportation planning: District 8 open house

LGBT Center, 1800 Market, SF. sftransportation2030.com 5:30-7pm, free. District 8 Sup. Scott Wiener, representatives of the San Francisco Municipal Transportation Agency (SFMTA), and representatives from San Francisco Public Works will hold this District 8 community meeting about Transportation 2030, a strategic infrastructure investment program proposed for the November’s general election ballot. The night includes a presentation of the plan and a question and answer session.

THURSDAY 5

 

St. James Infirmary’s 15 year anniversary

Temple Nightclub, 540 Howard, SF. inticketing.com. 9pm-3am, $20 general admission. St. James Infirmary Presents its XV Dirty Dance Party Fundraiser. St. James Infirmary is the first occupational safety and health clinic for sex workers in the United States, providing free, confidential, nonjudgmental medical and social serves for current or former sex workers of all genders and sexual orientations and their partners. $40 VIP admission includes one free lap dance.

SATURDAY 7

 

Annual Fillmore summer kick-off fest

Hamilton Recreation Center, 1900 Geary, SF. noon-5pm, free. This year’s Grillin’ in the Mo’ will jump off with legendary blues singer Freddie Hughes (Bring My Baby Back) and the House of Hughes Band. The annual Fillmore Summer Fest Kick-Off is a free blues concert and family BBQ celebrating the start of summer events in the Fillmore District and summer enrichment programs for Western Addition youth. Grab some food, fly a kite, make gigantic bubbles, and enjoy some blues with Freddie Hughes and jazz by Fillmore’s own Bay Area Jazz Trio.

TUESDAY 10

 

Voices from the Edge

Mission Workshop, 40 Rondel Place, SF. tinyurl.com/voicedge. 6-9pm, free. This is a local arts and media showcase sponsored by Independent Arts & Media (IAM). Mix and mingle with local art and media makers, and celebrate the indy creative spirit IAM helps keep alive and well in San Francisco. Independent Arts & Media’s mission is to support independent, non-commercial arts and media projects and producers for the purpose of building community and civic participation, and facilitating cultural engagement and free expression. Featuring music, art, video, food, drink and community.