Wiener

Chiu becomes City Hall’s go-to guy for solving tough problems

60

At the start of this year, when I wrote a Guardian cover story profile of Sup. Scott Wiener (which SF Weekly and San Francisco Magazine followed shortly thereafter with their own long Wiener profiles), he seemed like the one to watch on the Board of Supervisors, even though I noted at the time that Board President David Chiu was actually the more prolific legislator.

Now, it’s starting to seem like maybe we all focused on the wrong guy, because it is Chiu and his bustling office of top aides that have done most of the heavy legislative lifting this year, finding compromise solutions to some of the most vexing issues facing the city (ironically, even cleaning up some of Wiener’s messes).

The latest example is Wiener’s CEQA reform legislation, which the board is poised to unanimously approve at today’s meeting, a kumbaya moment that belies the opposition and acrimony that accompanied its introduction. Rather than a battle between developers and the coalition of progressives, environmentalists, neighborhood activists, and historic preservationists, Chiu and board aide Judson True transformed the legislation into something that benefited both sides.

[UPDATE: For reactions to this post and another perspective on Chiu, read this.]

That effort comes on the heels of Chiu’s office solving another big, ugly, seemingly intractable fight: the condominium lottery bypass legislation sponsored by Wiener and Sup. Mark Farrell. To solve that one in the face of real estate industry intransigence, Chiu showed a willingness to play hardball and practice a bit of gamesmanship, winning over swing vote Sup. Norman Yee to get six votes using some hostile amendments to the legislation.

In the end, Chiu won enough support to override a possible veto by the waffling Mayor Ed Lee, who has always echoed Chiu’s rhetoric on seeking compromise and consensus and “getting things done,” but who lacks the political skills and willingness to really engage with all sides. For example, it was Chiu — along with Sups. Farrell and David Campos — who spent months forging a true compromise on the hospital projects proposed by California Pacific Medical Center, replacing the truly awful CPMC proposal that Lee readily accepted.

“It’s been a very long year,” Chiu told the Guardian. “It’s been important for me to not just to seek common ground, but legislative solutions that reflect our shared San Francisco values.”

Next, Chiu will wade into another thorny legislative thicket by introducing legislation that will regulate the operations of Airbnb, the online shared housing share corporation whose basic business model often violates local landlord-tenant laws, zoning codes, and lease conditions, in addition to openly defying rulings that it should be paying the city’s transient occupancy tax.      

“This challenge has been particularly difficult,” Chiu told us, referring the many hard-to-solve issues raised by companies such as Airbnb, who Chiu and board aide Amy Chan have been working with for several months. In fact, after originally predicting the legislation would be introduced before the board takes its August recess, Chiu now tells us it may need a bit more time to hammer out the details.

We’ll be watching to see how he sorts through the many tough issues raised by Airbnb’s approach, here and in other big cities with complicated landlord-tenant relations, which I will be exploring in-depth in an upcoming Guardian cover story. But if there’s anyone at City Hall capable of solving this one, it’s probably Chiu.

CEQA reform battle sparks welcome changes even before final compromise

32

UPDATED When Sup. Scott Wiener last year introduced legislation that would limit people’s ability to appeal development projects by reforming the California Environmental Quality Act’s local procedures, progressives and neighborhood activists rose up in strong opposition. But now, with that measure and a competing alternative up for approval by the Board of Supervisors tomorrow (Tues/16), there is a compromise in the offing that all sides may see as an improvement on the status quo, particularly given administrative changes that the Planning Department has made along the way.

“We made a series of amendments in April that addressed almost all the concerns raised by the neighborhood activists,” said Judson True, the top aide to Board President David Chiu, who has once again taken the lead role in crafting a compromise on controversial legislation

Final details of the deal are still being worked out, but sources on both sides say there is an agreement on the broad outlines of a true compromise. It would accomplish Wiener’s main goal of limiting the current ability of project opponents to file a CEQA appeal at any time while also improving the public notification process.

“It’s still pretty fluid now, but we’re working to get to a consensus measure, we hope,” True told us.

Wiener has always emphasized that his legislation applies only to relatively small projects, those that are “categorically exempt” under CEQA from having to do detailed environmental studies. And he said the compromises now being developed appear to meet his initial goals.

“I’m cautiously optimistic that it will be approved,” Wiener told us, adding that, “If this turns out to be a kumbaya moment, that will show the legislative process works.” [UPDATE: The compromise legislation was unanimously approved by the board.]

One byproduct of that process was recent changes on the Planning Department’s website that make it much easier for activists to track the status of projects — with a new map showing projects that have been granted CEQA exemptions that would move forward unless challenged — which activists requested during the Land Use Committee hearings on this legislation.

“We heard from members of the public that our existing posting process was cumbersome. It was also time-consuming for staff. We decided to revamp the system, using technology we’ve developed in recent years. By converting the checklist into electronic format and having it searchable by location, it’ll be easier for the public to search for a particular project and more efficient for staff to process,” Planning Department spokesperson Joanna Linsangan told us.

True said the hearings on the legislation have helped to illuminate problems that could be addressed administratively: “There’s been a real push from supervisors and the Planning Department itself to improve noticing.”

Eric Brooks, who has been working with the 42 groups that coalesced to oppose Wiener’s legislation — including environmentalists, neighborhood groups, labor, and historic preservationists — said ensuring proper noticing was half the battle. He gave credit to Sup. Jane Kim for resisting the Wiener legislation and working with activists to put forward a competing measure, sowing the seeds for the Chiu compromise.

“This was  a real community process and Jane Kim needs to be lauded for taking part in this,” Brooks said, although he later added, “Whatever happens with this, David Chiu owns it because he’s put himself in the middle of this.”

One key piece of the puzzle that might not be resolved tomorrow is with what has always been the biggest concern for activists, which is how the legislation limits appeals to a project’s initial approval. “We knew that it would be way too early and it cuts off our ability to negotiate with developers,” Brooks said.

For complicated legal reasons, it was difficult to build into this legislation a process for activists to challenge a project that changes after its initial approval, so Kim has introduced trailing legislation that would do so (which is set to be heard Wednesday by the Historic Preservation Commission and Thursday by the Planning Commission).

It would allow activists to appeal changes to a project that they find environmentally significant, even if city staff doesn’t (or, in planning parlance, to appeal the environmental review officer’s categorical exemption determination — to that same officer).

“If the environmental review officer has to suffer the hearing if she makes a bad call, she will make fewer bad calls,” Brooks said. “And if we don’t change the environmental review officers’ mind, we’ll be able to take it to court.”

City College supporters protest state takeover and the agenda behind it

9

By Dalton Amador

Around 350 students, faculty members and other San Franciscans marched from City College’s downtown campus to the U.S. Department of Education Tuesday afternoon to protest the Accrediting Commission for Community and Junior College’s (ACCJC) decision to terminate City College’s accreditation effective July 31, 2014.

The Save CCSF Coalition sponsored the event. “We are not here to mourn, we are here to fight,” Shanell Williams, City College’s newly elected student trustee and one of the leaders of the coalition, told a cheering crowd. “ACCJC is a private, rogue group.”

The coalition sought to convince the Department of Education, which oversees the ACCJC, to immediately reverse the commission’s decision.

Behind Aztec dancers dressed in feathers and loincloths, protesters chanted “No more deception, no more lies, we don’t want to privatize” and held picket signs that read “Stop the corporate overthrow of public education at CCSF” as they marched down Market Street.

The coalition said that revoking City College’s accreditation is part of a systematic effort to undermine affordable education. Eric Blanc, one of the coalition’s leaders and a current City College student, said that the ACCJC’s decision to terminate City College’s accreditation was motivated in part by forcing would-be transfer students to take out student loans for private or for-profit universities.

“It’s clear that from the arbitrary norms the commission is using as its excuse to shut down City College that there is something much bigger going on,” he said. “(Students) are going to go to the University of Phoenix or prison.”

Williams agreed. “Where would I go?” she said, referring to a hypothetical City College student’s hope to transfer to a California State University or University of California campus without first going to a private university.  

City College Board of Trustees members Chris Jackson, Vice President Anita Grier and Rafael Mandelman addressed the crowd in front of the Department of Education.

Grier said that the “democratic process” that elected the Board of Trustees was “replaced by a feudal lord dictator,” referring to the ACCJC-appointed Special Trustee Robert Agrella, who now holds unilateral power over the board following the ACCJC’s decision. He had canceled a meeting scheduled for that day by President John Rizzo.

Supervisors Scott Wiener and David Campos also spoke, both saying that many of their constituents depend on City College. “Where is Ed Lee?” the crowd chanted spontaneously during different speakers’ addresses.

Lee did address the City College situation earlier in the day when he asked about it at the Board of Supervisors meeting, reiterating his previous statements supporting a state takeover. “It’s been a difficult decision and we had been hoping the decision of the accrediting commission would be different,” Lee said, going on to praise California Community College Chancellor Brice Harris, who Lee said, “has agreed to save City College through a state intervention.”

But on the streets, protesters rued the loss of local control and the agenda behind it.

Some independent organizations, not part of the Save CCSF Coalition, participated to show their support. Adam Wood, a firefighter of 18 years, held a sign that said, “San Francisco Firefighters support City College.”

“A lot of aspiring firefighters go through fire academy at City College,” he said. “It would be a real loss if it closed.”

City College will remain open for the following fall and spring semesters. It can ask for a review of the decision to the ACCJC. Should the ACCJC affirm its decisions, the college can appeal. The college would remain open during the appeal process.

The Fourth of July: Remembering the good old days in Rock Rapids, Iowa, circa 1940s to 1950s

0

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 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, and 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 coming 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, now in his late 30’s, but in his day the man who beat the University of Iowa while pitching at a small 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.

Well, I live in San Francisco now, and I drive to Daly City with my son, Danny, to buy some anemic stuff in gaudy yellow and blue wrapping and I try unsuccessfully each year to get through the fog or the traffic to see the fireworks at Candlestick. But I feel better knowing that, back where I come from, everybody in town will be on their porches and on the backroads on the evening of the Fourth to watch the fireworks and that, somewhere in town, a little boy will put a big firecracker under a tin can on a wood porch, then light out for the lilacs behind the barn.

P.S. Our family moved in l965 from Daly City to a house in the West Portal area of San Francisco. There are, I assure you, few visible fireworks in that neighborhood. However, down at the bottom of Potrero Hill, the professional and amateur action is spectacular on the evening of the Fourth of July.

From any Potrero Hill height, you can see the fireworks in several directions: the waterfront fireworks in the city, fireworks on the Marin side of the Golden Gate bridge, fireworks at several points in the East Bay, fireworks along the Peninsula coast line.

And for the amateur action, parents with kids, kids of all ages, spectators in cars and on foot, congregate after dusk along Terry Francois Boulevard in San Francisco along the shoreline between the Giants ballpark and the  Mission Rock restaurant.

The action is informal but fiery, fast, and furious: cherry bombs, clusters, spinning wheels, high flying arcs, whizzers of all shapes and sizes. The cops are quite civilized and gingerly patrol the perimeter but don’t bother anybody. I go every year. I think it’s the best show in town. B3.

Supreme Court same-sex marriage decisions: DOMA invalidated, Prop 8 case dismissed, SF reacts [UPDATED]

27

Watch this space throughout the day for breaking news on the decision and reactions. Tonight there will be a celebration of the Court’s decisions at Castro and Market Streets at 6:30pm. (Join  the Guardian beforehand, 6-9 at the Pilsner in the castro, at its annual pre-Pride event.) 

DOMA INVALIDATED

The Supreme Court released its ruling this morning that the Defense of Marriage Act, which denies federal recognition of same-sex marriage, “is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”

“DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty,” according to the majority opinion. “DOMA’s principal effect is to identify a subset of state sanctioned marriages and make them unequal.” The Court voted 5-4, with Justice Kennedy, who wrote the majority opinion, as the decisive vote along the usual liberal/conservative lines. You can read the full opinion here

This means that same-sex marriages performed in states that have legalized such marriages will be recognized by federal law.  

PROP 8 DISMISSED ON STANDING

As for Hollingsworth v. Perry, the Prop 8 case, it was dismissed on standing, due to the fact that the State of California refused to defend the case that would uphold Prop 8 (which denied same-sex marriage).That meant private citizens were left to defend a state statute, which was unprecedented, and the Court refused to rule on those grounds.

We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here,” the majority Court statement (which broke along the typical 5-4 line) said. That means there is no specific decision from the Court regarding Prop 8, and the previous ruling, by Judge Vaughan Walker and upheld by the Ninth Circuit Court, that invalidated Prop 8 as discriminatory, stands.

This may mean that same-sex marriages in California can resume as early as July.

You can read the full Prop 8 ruling here.

Scene this morrning at SF City Hall, with Mayor Ed Lee and Lt. Gov. Newsom. Photo by Dan Bernal.

[UPDATE] REACTIONS AT CITY HALL

Steven T. Jones reports from SF City Hall:

City Hall was totally packed at 7am when the US Supreme Court convened — tons of journalists, lots of couples, many signs in the crowd. Two screens were set up, one with a live blog from court chamber, the other with the CNN live feed. Huge cheers erupted at 7:11 when the decision was announced striking down DOMA and forcing the federal government to recognize the rights of same-sex married couples.  Then at 7:38, when the Prop 8 statement came down, the room went nuts. 

A moment later, an array of current and former city officials appeared at the top of the City Hall main staircase. Mayor Ed Lee and Lt. Gov. Gavin Newsom escorted a fragile Phyllis Lyon down the stairs — she, along with the late Del Martin, were the first same-sex couple to get legally married in California in 2004 — flanked by the rest of the city family, all with big smiles.

“Welcome to the people’s house of San Francisco,” Mayor Lee said, thanking the crowd “for sharing in this historic moment.”

“It feels good to have love triumph over ignorance,” he said.

At 7:44, City Attorney Dennis Herrera and Chief Deputy City Attorney Terry Stewart, who had been on the City Hall steps addressed reporters’ question on the legal details of the ruling, joined the crew to sustained applause as Lee recognized them. He then introduced Newsom, who in 2004 as San Francisco mayor allowed same-sex marriages to be performed, as “one person who used the power of this office to make history and show his love for the city.”

“San Francisco is not a city of dreamers, but a city of doers,” Newsom said. “Here we don’t just tolerate diversity, we celebrate our diversity.” He thanked Herrera and everyone who contributed to this moment. “It’s people with a true commitment to equality that brought us here.”

Newsom introduced Kate Kendall with the National Center for Lesbian Rights, who has led the coalition of groups that have push for marriage equality. She looked around the crowd and said, “Fuck you, Prop 8!”

The crowd roared, and she said that she had scanned the room for children, and promised to “put a dollar in the swear jar” if necessary. But she said that, “We have lived for too many years under that stigmatizing piece of crap.”

Then Herrera took the podium, turned to Newsom, and said, Now you can say, ‘Whether you like it or not!'” — a joking reference to Newsom’s same-sex marriage rallying cry, which some blamed for boosting the anti-same-sex marriage cause.

“We wouldn’t be here today if it wasn’t for Gavin Newsom’s leadership,” Herrera continued. ““I remember in 2004 when people were saying it was too fast, too soon, too much.”

But today, that long effort has been vindicated, Now, he said, “It’s about changing the hearts and minds of people and educating them.” He also pledged to continue the fight that began here in City Hall more than nine years ago: “We will not rest until we have marriage equality throughout this country.”

Gavin Newsom being interviewed inside City Hall. Photo by Steve Jones

Finally Stewart, who has argued cases related to San Francisco’s stand before both the US and California Supreme Courts, praised both the Prop. 8 and DOMA rulings and the precedents they set. “In the DOMA case decision, the Supreme Court expressed a stong equal protection philosophy…that will help legalize same sex marriage in other states.”

Three members of the Board of Supervisors were also invited by Kendell to address the huge City Hall crowd: Board President David Chiu and Sups. David Campos and Scott Wiener, the only two current supervisors who are gay.

Chiu noted that the bust of slain Sup. Harvey Milk is prominently positioned outside the Board Chambers, a reminder of the long struggle for gay rights that San Franciscans have led. “That work lives on today,” he said.

He added the hope that the work done here will ripple out of across the country because, he said, “As goes San Francisco, so goes California, so goes the rest of the country.”

Campos, an attorney who has long been in a committed relationship, said, “It’s a very emotional moment for those of us who are part of the LGBT community.” He said this Supreme Court ruling is the first time it has really acknowledged “that we are people and we have dignity,” and that the rulings sends a clear message to Congress that legislation like DOMA is unconstitionally discriminatory.

Wiener praised the resilience of the LGBT community, from the early days of enduring the AIDS crisis and fighting for federal support through the current campaign for marriage equality. And he cheered the fact that, “Those marriages that we see under the rotunda [in City Hall] will get a little more diverse.”

11:30 AM UPDATE: Style and substance

While Newsom strutted around like a proud peacock in front of City Hall — clearly the leading man in this epic story with the happy ending, much in demand by the television crews — Herrera and Stewart briefed various reporters on the details of the case that they had just won.

Gavin Newsom outside City Hall. Photo by Steve Jones.

“I wanted a merits ruling, but a standing ruling is a victory too,” Herrera told us, making the distinction between the court ruling that banning same-sex marriage is unconstitutional on the grounds of equal protection under the law — which it did not do — and the 5-4 ruling it did issue: that those who appealed the Ninth Circuit Court ruling invalidating Prop. 8 lack proper legal standing to do so.

The standing ruling leaves same-sex marriage opponents more wiggle room to argue that the ruling might only apply to the couples named in the suit, or in just the counties that took part, which also included Alameda and Los Angeles, positions they were already signaling in press statements.

But Herrera said that he would vigorously contest that kind of challenge, which he considers to be without merit, telling us, “The injunction is not limited in its scope.”

UPDATE: SFPD isn’t worried

Police Chief Greg Suhr, who attended the City Hall event, said the timing on the ruling during Pride Week couldn’t be better. “It’s nice that it all lined up for us,” he told us. “This town is going to rock ‘til the wheels come off.”

Asked whether he has any heightened security concerns about the Pride Parade in the wake of a ruling that is controversial to some, Suhr said that he’s not worried. He said SFPD is now fully staffed and all available personnel working this weekend, although he will try allow many of his gay and lesbian officers to join the celebration if they want.

“We’re going to police what’s likely to be the biggest party this city has ever seen,” Suhr said, adding that his policing philosophy is, “We plan for the worst and hope for the best.”

 

Everyone but Mayor Lee sees SF’s worsening “housing affordability crisis”

43

There was a clear theme that ran through yesterday’s Board of Supervisors meeting from beginning to end, something understood equally by renters, homeowners, and politicians from across the political spectrum: San Francisco has a crisis of housing affordability that is forcing people from the city.

And the only person who doesn’t seem to understand or care about that is the person with the most power to deal with the situation, Mayor Ed Lee, who opened the meeting by essentially dismissing both short- and long-term gentrification forces and claiming “our city has some of the toughest anti-displacement laws in the country.”

It was a claim that Lee made twice, first in response to a question by Sup. Eric Mar about Plan Bay Area and the massive displacement of current San Franciscans that it would create by 2040. And it was also how he answered a question by Sup. John Avalos about rents that are now skyrocketing beyond what most San Franciscans can afford.

I followed Mayor Lee back to his office, asking him to explain his claim, and he cited the city’s “elaborate” rent control laws and the Rent Board recently hiring new personnel as he briskly retreated toward his office. But surely he’s aware that displacement is already happening and getting worse, I told him, citing Rent Board figures showing that evictions are now at a 12-year high.

Lee looked at me dubiously and said, “I’ll have to check the figures on that.” I followed up today with Press Secretary Christine Falvey to ask whether Lee did check those figures — which show 1,757 evictions in the last year, up from 1,395 the previous, both numbers representing returns to the mass displacement of the last dot-com boom — and I’ll update this post if/when I hear back.

“It shows he’s out of touch with what’s happening in San Francisco,” Avalos told me in response to the mayor’s remarks.

Lee seemed to bristle at the suggestion that his aggressive economic development policies might have a downside that he’s going to have to deal with at some point. He touts the 44,000 jobs the city has added during his mayoral tenure, even deflecting criticism that he’s too focused on the technology industry by citing estimates that every tech job creates at least four other jobs (seemingly oblivious to the fact that most of these are low-wage service sector jobs, the very people who are being forced from the city).

“I’m just hoping you’re not blaming the 44,000 jobs we helped created,” Lee told Avalos, saying that he understands the concern about the rising cost of living, “but those are 44,000 people drawing a paycheck and taking care of their families.”

Yes, Mr. Mayor, but those paychecks are having an increasingly tough time paying for housing in San Francisco. That concern animated the condo conversion debate that took place later in the meeting, voiced by those focused on the lack of affordable homeownership opportunities and those focused on reducing the city’s rental stock to create those opportunities.

“I don’t think saying ‘it’s good that we have a growing economy’ is enough to address the issue,” Sup. David Campos said during the condo debate, referring to Lee’s earlier remarks.

Speaking near the end that discussion, Campos summarized the concerns expressed by both sides and sought to put the legislation into perspective: while important, the condo deal is a drop in the anti-displacement bucket. “We are only dealing with the issue of affordability in San Francisco on the margins,” he said, later adding, “I don’t think we’re doing enough to deal with the fundamental issue of who gets to live in San Francisco.”

The debate on the condo conversion began with its original author — Sup. Mark Farrell, who represents District 2, the wealthiest and most conservative in the city — explaining his desire to help middle class people who want to own homes remain in the San Francisco.

“This is the most affordable form of home ownership in San Francisco today,” Farrell said of tenancies-in-common, the fiscally and legally precarious middle step between an apartment and condominium. Later, he said, “We need more affordable homeownership opportunities and not less.”

Farrell argued that “this didn’t need to be a zero sum game,” but that’s exactly what the stock of rent-controlled apartments is in San Francisco, where only housing built before 1979 is protected from the market forces that can drive rents up to whatever a landlord demands.

“We have a fixed rent control stock. Every apartment that converts to a a condo is one less unit,” said Board President David Chiu, who worked with Sups. Jane Kim and Norman Yee and tenant group to amend Farrell’s legislation to help both renters and homeowners.  

“These units were once the homes of tenants who were displaced,” Kim said, objecting to the notion that one person’s apartment should be another person’s affordable homeownership opportunity and arguing that the city should be building more condos for first-time homebuyers instead of cannabalizing the homes of the nearly two-thirds of city residents who rent.

Like Chiu and Kim, Yee said that he wanted to help the TIC owners of today without simply clearing out of the backlog and letting the condo lottery continue unabated, which would green-light even more conversion of apartments. “We want to curb the speculation,” Yee said.

That idea that the city should help people who live in the city, without simply feeding the speculative investors who profiteer off of housing in San Francisco, was a strong theme among critics of condo conversion.

A pro-tenant crowd packed the Board Chambers. Although barred by board rules from addressing the condo legislation directly (that occurred at the committee level), one commenter said, “Giving any more power to the real estate market in San Francisco should be considered a crime.”

To help ward off real estate speculators once the annual condo conversion lottery resumes in 2024, the legisation also limited future conversions to buildings of less than four units, instead of the current cap of six units, a change that Farrell resisted.

“This is not an academic exercise anymore,” Farrell said of the condo conversion restrictions that were added to the legislation. “This will negatively impact thousands of TIC owners in the city.”

Farrell’s original co-sponsor, Sup. Scott Wiener, had a more pro-tenant point-of-view, objecting to the changes that Chiu inserted on more narrow grounds. In his comments, he noted how close the two sides were and how they share the same basic goal: preventing displacement of current city residents.  

“The one thing we can all agree with is we have a housing affordability crisis,” Wiener said, praising the city’s rent control and tenant protection laws, but adding, “TIC owners are also part of this city.”

The price of dealing with the rapid growth in the city — whether it comes to infrastructure or housing affordability — was also a point that Wiener made earlier in the meeting as the board approved the term sheet for a massive office and residential development project proposed at Pier 70.

“We are not doing what we need to do to support the public transportation needed for those projects,” Wiener said, also referring to other projects along the waterfront (the Warrior Arena at Pier 30 and the Giants/Anchor Steam project at Pier 46) and in the southeastern part of the city. “We don’t have the transit infrastructure to support our current population, let alone new growth.”

It’s about striking a balance, as Chiu said he did with the condo legislation, and not just a balance between renters and TIC owners. It’s about striking a balance between how to protect the San Francisco of today while planning for the San Francisco of tomorrow.

Yes, that means working with market rate housing developers, and it also means diverting some of their would-be profits into the city’s affordable housing fund and its infrastructure needs. Yes, it means private-sector job creation, but it also means more public sector jobs and providing a safety net for people without jobs or who work as artists or social workers or other professions that are being driven from the city. And it means beefing up our public housing and turning around the exodus of African-Americans, concerns raised at the meeting by Sup. Malia Cohen.

We at the Guardian last year looked at how Oakland has become cooler than San Francisco, largely because of the displacement from here. And now, even many people within the tech community have begun to decry the gentrifiction that is being driven by Mayor Lee’s narrow economic development vision.

“Plan Bay Area is an opportunity to think regionally and strategically about planned growth,” Lee said when addressing Mar’s question, sidestepping the direct answer that Mar sought on a set of specific proposals for mitigating some of the displacement planned for San Francisco and maintaining this city’s diversity.

Yes, we do have an opportunity to think strategically about the city we’re becoming and who gets to live in it, but only if we don’t think “jobs” is the answer to every question.

Supervisors approve condo legislation with veto-proof majority

64

The San Francisco Board of Supervisors today voted to approve compromise legislation that will allow more than 2,000 tenancy-in-common homeowners to convert to condominiums in exchange for a 10-year moratorium on the city’s current condo conversion lottery that now allows 200 conversions annually.

Approved by a veto-proof 8-3 majority after some last amendments were shot down by the six supervisors who most steadfastly supported the version that Board President David Chiu took the lead on crafting, this was a big victory for tenant groups who strongly opposed the original legislation, which did not include the moratorium and other restrictions.

“It’s great. We’re going to see a significant drop in condo conversions in the future. All of us tenants are very happy,” San Francisco Tenants Union head Ted Gullicksen told us after the hearing, which was packed with tenant supporters.

Sup. Mark Farrell, who sponsored the original legislation, decried how divisive the issue had become, criticized the approved version as deviating from his original intent of helping TIC owners in exchange for a fee that would help fund new affordable housing, and said, “This doesn’t need to be a zero sum game.”

But Chiu and the five supervisors who supported his version – Jane Kim, Norman Yee, David Campos John Avalos, and Eric Mar – noted the finite number of rent-controlled apartments in the city and the need to protect them from being converted into condos.

“How do we balance the needs of tenants who fear being evicted with TIC owners looking for relief?” Chiu said of the balance he aimed to strike, which he continued to tweak with new amendments today, including allowing TICs with all owner-occupied units to move forward if the legislation is challenged in court, an event that would otherwise freeze all condo conversions until the lawsuit is resolved.

Sup. London Breed wanted even greater flexibility in that so-called “poison pill” aspect of the legislation, which tenant groups had insisted on to prevent the bypass from going through even if the moratorium was challenged. Breed proposed allowing condo conversion applications to proceed for a year after a lawsuit was filed, but Chiu said that would let TIC owners convert to condos while challenging other aspects of the legislation, such as the lifetime leases for tenants in converted buildings.

Breed and Sup. Malia Cohen, who privately and rather grimly conferred with one another and sometimes Chiu before the item began a little after 4pm, were clearly the two swing votes on the question of whether the legislation would reach the crucial eight-vote threshold needed to override a possible mayoral veto. Mayor Ed Lee has refused to take a position on the issue, leaving both sides in the dark.

But after the motion to insert Breed’s amendments failed on a 5-6 vote, the board voted 8-3 to approve Chiu’s version of the legislation, with Sups. Farrell, Scott Wiener, and Katy Tang opposed. A subsequent vote on a version of the legislation backed by Farrell and Wiener – which contained a weaker poison pill and more flexible owner-occupancy provisions – then failed on a 4-7 vote, with Breed joining the three dissenting supervisors.

Underscoring this legislation was what some supervisors called a “housing affordability crisis” in San Francisco, an issue that Mayor Lee was asked about at the start of the meeting, which he deflected by claiming “our city has some of the toughest anti-displacement laws in the nation.”

We’ll analyze that discussion and offer more details on the condo conversion debate and the politics behind it tomorrow in the space, so check back then.      

Rival condo conversion measures finally up for board vote

58

Controversial condominium conversion lottery bypass legislation is finally headed for a vote by the full Board of Supervisors this Tuesday. Befitting legislation that has stirred strong emotions and traveled a twisting political path over the last six months, there are new dramas and uncertainties cropping up at the last minute, including the lingering unknown of where Mayor Ed Lee stands.

Originally co-sponsored by Sups. Mark Farrell and Scott Wiener, the legislation was intended to allow 2,000-plus tenancy-in-common owners to buy their way past the city’s lottery that allows 200 conversions to condominiums each year. But tenant groups and their progressive allies strenuously opposed the idea, and it was amended by Sups. David Chiu, Jane Kim, and Norman Yee working with tenants to couple the bypass with a 10-year moratorium on new conversions, thus clearing the backlog without opening the door to speculators taking more rent-controlled apartments off the market.

The Land Use Committee voted June 3 (2-1, with Chiu and Kim voting yes and Wiener opposed) to send the tenant-supported legislation to the full board and keep a Wiener-backed rival measure stuck in committee. But since then, Wiener invoked a board rule allowing four supervisors to pull the stalled legislation out of committee, getting Farrell and Sups. Katy Teng and London Breed to place that rival measure on Tuesday’s agenda as well.

Tenant groups decried the move and have put out the call for supporters to flood City Hall for the 2pm meeting, but Wiener told us that the differences in the two pieces of legislation are minor. One difference deals with whether transfers of ownership interest will affect an applicant’s spot in the queue and the other involves the so-called poison pill inserted by tenant groups, which would freeze the conversion process if anyone challenges the legislation in court, as real estate interests have threatened to do.

Wiener said the tenant-backed legislation’s changes to condo conversion eligibility, such as a 10-year wait period and banning future conversions of buildings with more than five units, that would remain in place after a successful legal challenge is an unfair overreach. But Chiu said tenant groups have already compromised as much as they can and they need this protection: “This is a carefully constructed compromise, and for the first time tenants groups are supporting thousands of condo conversions.”

Breed’s concerns about the poison pill provision — which was why she said she went along with Wiener’s play to bring up the rival measure — go even beyond Wiener’s. While most concerns involved a lawsuit from real estate interests, Breed worries about a pro-tenant litigant who wants to stop all condo conversions.

“If anyone chose to sue, it would help renters by shutting down everything completely. Where is the incentive not to sue?” Breed told us, noting that she still doesn’t have a solution to the problem, but she wanted the leverage of rival measures in order to address the issue. “I’m hoping it’s a win-win for renters and TIC owners,” she said. “Everyone else is not my concern right now.”

But the real estate interests will almost certainly try to preserve an ability for speculators to continue funneling more rent-controlled apartments into the real estate market, and just yesterday, the San Francisco Association of Realtors announced the hiring of an influential new point person on lobbying and housing issues: Mary Jung, a former spokesperson for then-Mayor Gavin Newsom before moving over to represent PG&E, and who was last year elected chair of the Democratic County Central Committee.

That could make a difference when it comes to Mayor Lee, who has resisted efforts by both sides to weigh in on the issue, saying only that he supports both tenants and TIC owners and that he understands the concerns about opening the door to a flood of new conversion requests.

“The one wild card here is no one know where the mayor is,” Wiener told us, noting that neither side is likely to get the eight votes that would be needed to override a veto. “The mayor, if he wanted to, could have significant leverage in crafting a compromise.”
Chiu said that he’s confident that his version of the legislation has the six votes needed to pass, but that it is still unclear what Mayor Lee will support, despite Chiu asking Lee to weigh in publicly in February and privately during a meeting yesterday. As Chiu told us, “We’ll see.”

No security

3

rebeccab@sfbg.com

To qualify for his job as a security officer, Jerry Longoria had to obtain a license, undergo a background check, and take a drug test. He’s required to wear a suit to work. He’s stationed at a downtown San Francisco high rise that houses Deloitte, a multinational consulting, finance, and real-estate firm that reported $31.3 billion in revenues last year. His employer is Universal Protection Services, a nationwide security contractor with a slick online marketing pitch emphasizing that all guards are “electronically supervised around the clock,” and “kept accountable on the job through our 24-hour command center.”

If an intruder showed up at his office building brandishing a firearm, it would be Longoria’s problem; that’s the job. Nevertheless, he says he doesn’t earn enough to cover rent for an apartment in San Francisco. Instead, he stays in a single room occupancy hotel near Sixth and Mission streets, an area known for a high rate of violent crime. Walking home still wearing the suit makes him stand out on the street.

He’s lived in the 150-unit building, which has shared bathrooms and a shared basement-level kitchen, for 11 years. “It’s affordable for me, and it allows me to be closer to work,” he explains. He can’t afford a car, and says a public transit delay could prove disastrous if he relocated outside the city. “If you’re late to your post, you get fired.”

At press time, about 7,000 security officers throughout the Bay Area and Los Angeles were gearing up for a strike that could begin any day. Members of United Service Workers West, affiliated with Service Employees International Union, authorized their bargaining committee to call for the work stoppage because officers have been without a contract since the end of 2012.

The starting wage for a security officer is $14 an hour in the city, which comes to slightly more than $29,000 a year before taxes. In some places that would be sufficient to meet basic needs. In San Francisco, where the median market rate on rental units recently peaked above $3,000 a month, it doesn’t go very far. “With the cost of living here in San Francisco, $14 an hour is simply not enough to make ends meet,” Kevin O’Donnell, a USWW spokesperson, told us.

The security officers’ threats to strike coincided with a second worker action in the Bay Area last week. Despite lacking any form of union representation, Walmart associates from stores in Richmond, Fremont, and San Leandro affiliated with the nationwide organization OUR Walmart joined 100 employees from across the country in walking off the job and caravanning to Bentonville, Arkansas to raise awareness about their poverty-level wages and insufficient benefits at Walmart’s annual shareholders’ meeting. But first, they paid a visit to the Four Seasons in downtown San Francisco, which houses the 38th floor penthouse apartment of Yahoo CEO Marissa Mayer, a Walmart director.

Despite seeking full-time working opportunities and staying with the company for years, a handful of associates we interviewed said they can’t earn enough at Walmart to cover basic needs, so they rely on government assistance or help from extended family to make ends meet. Some said they had witnessed their coworkers get fired after participating in OUR Walmart activities.

Walmart associates in the Bay Area are in a considerably more precarious situation than the security officers, earning lower hourly wages. But in the pricey Bay Area, security officers, Walmart employees, and scores of other low-wage private sector workers all share something in common. Despite reporting to work every day and working long hours in many cases, they’re forced into impoverished conditions due to economic circumstances, while a middle-class existence remains far out of reach.

FIGHTING FOR STABILITY

ABM Security and Universal Protection Services are the largest employers in the private security contractor industry; in the Bay Area, the majority of guards are stationed at office buildings in downtown San Francisco. On May 30, Supervisors John Avalos, David Campos, David Chiu, Jane Kim and Scott Wiener all voiced support for the guards at a rally outside City Hall. “Better working conditions for security officers mean more stable, family-supporting jobs, less turnover, and more ability to handle challenges at work,” Avalos said.

Matt Roberts has been working as a security officer for years, and originally moved into his unit in a San Francisco SRO in a financial pinch. “I figured, I’ll get out of this rut eventually. And here I am, seven years later, still paying $1,000 a month for a space that’s really not much bigger than a walk-in closet,” he told us. Roberts was terminated recently, and believes it’s because he spoke up to his site director about workplace issues his fellow guards felt needed to be addressed.

In Roberts’ view, the situation he’s found himself in is reflective of the broader erosion of the middle class, which is particularly acute in an area with a soaring cost of living. He was born and raised in San Francisco’s Crocker Amazon district, with a father who worked as a firefighter and a mother who worked as a clerk typist at the Cow Palace.

“They were able to achieve the American dream,” he said. “They had a house, they paid their mortgage off in 25 years, they were able to send me and all my three siblings to good schools. I realized when I was still in my 20s that I’m probably going to be a renter the rest of my life. The American dream is totally eclipsing my generation.”

Keven Adams, a security officer of 23 years who lives in Oakland, also attended the City Hall rally on May 30. “We’re fighting for wages, health care, and stability in the workplace,” Adams said. “We’re in a city we love so very much, but the community and the middle class is shrinking.” Adams said he was once held at gunpoint for four hours during a work shift. He’d love to live in San Francisco, he said, but can’t afford it.

According to a June 3 media advisory, unions throughout the Bay Area were preparing to demonstrate support for the security officers as they geared up to strike. “The support could come in the form of workers attending rallies, non-violent civil disobedience or perhaps even non-security workers refusing to cross picket lines,” according to USWW, “and walking off their own jobs in solidarity.”

‘STAND UP, LIVE BETTER’

Among the small group of protesters who had assembled on the sidewalk far below Mayer’s San Francisco penthouse on May 29 were associates who had taken the drastic and unusual step of going on strike from Walmart — the nation’s largest private employer. Clad in bright green shirts and waving signs, they chanted, “stand up, live better,” a play on Walmart’s slogan, and also, “What do we want? Respect.”

Dominic Ware, who works part-time at a Walmart in San Leandro, led chants and sounded off on a megaphone about the need for greater respect in the workplace. Ware, who’s been involved with OUR Walmart activities on a national level, said he earns $8.65 an hour and stays with his grandmother, since his paycheck isn’t enough to cover rent. He estimated that roughly half his earnings go directly back to Wal-Mart, where he purchases groceries and other basic items. Asked what motivated him to strike, Ware mentioned his daughter, who turned eight on June 1. “What if she has to work there some day?”

He added that some elderly colleagues were experiencing problems such as being unable to get a shift changed so as to catch a bus home at the end of the night. Another one of his coworkers was let go after it became clear to management that he was participating in OUR Walmart activities, Ware said.

While only a tiny fraction of Walmart’s 1.4 million workers took action to strike, their campaign appears to resonate in high places. A report recently released by the Democratic staff of the U.S. House Committee on Education and the Workforce seized on Walmart’s low wages, emphasizing that so many of its workers are forced to turn to government assistance that it is resulting in a collective drag on taxpayers.

“Rising income inequality and wage stagnation threaten the future of America’s middle class,” the report notes. “While corporate profits break records, the share of national income going to workers’ wages has reached record lows. Walmart plays a leading role in this story. Its business model has long relied upon strictly controlled labor costs: low wages, inconsiderable benefits and aggressive avoidance of collective bargaining with its employees. As the largest private-sector employer in the U.S., Wal-Mart’s business model exerts considerable downward pressure on wages throughout the retail sector and the broader economy.”

Keep the focus on real estate

70

OPINION Let’s stop blaming the hipsters. The Google bus, that annoying icon of yuppie invasion and transit privatization, is not the lead driver of gentrification’s reckless stampede reshaping our city (though it does play a role). The upscale restaurants dominating commercial strips may be economically and aesthetically offensive to many, but they are the natural byproducts of gentrification’s much-ignored elephant in the room: the real estate industry.

While headlines, comment threads, and café chatter fixate on the tech industry and yuppies with fistfuls of dollars, it’s the profit-gobbling real estate companies and speculators who are jacking up rents and evicting so many small businesses and renters—and they are surely happy to stay out of the spotlight.

Gentrification is a many-layered beast nurtured by cultural and economic trends, regional and local labor and housing factors, and public policies (or lack thereof). Beneath the surface-level aesthetics, it is about displacement of people who don’t fit the dominant economic growth plan—radical market-driven upheavals of communities often abetted by government policies and inaction.

The stats are familiar but bear repeating as they are so destructive: average apartment rentals exceeding $2,700 a month, requiring someone making $70,000 a year to pay half of his or her salary in rent. Literally thousands of no-fault evictions in the past decade, according to the Rent Board.

Despite rampant displacement of thousands of San Franciscans, there has been little response from City Hall: no hearings, no proactive legislation, not even bully-pulpit style leadership. We must demand more.

Where is the leadership demanding the city do everything in its albeit limited power to halt further displacement of residents and small businesses? The toxic combo of tenant evictions and home foreclosures by the thousands — driven principally by major banks and real estate companies — is destroying lives and communities.

Some of this is beyond City Hall’s jurisdiction: state laws like the Ellis Act and Costa-Hawkins enable no-fault evictions and prevent vitally needed commercial rent control. Still, beyond their valiant opposition to the Wiener-Farrell condo conversion threat, city leaders have been largely silent about this latest wave of gentrification that’s eviscerating communities, driving out small businesses, and squeezing renters to the bone.

What can we do? We won’t defeat gentrification with city hearings or loud protests or online screeds and petitions — but we need all those things, along with serious public education, to shine a bright hot spotlight on the companies and individuals defining who lives and votes here.

We need a new era of citywide awareness, unity, and action to literally save San Francisco — a bold unapologetic vision that puts affordability and diversity at the forefront of what our city is about. We can’t have diversity without affordability; it’s that simple.

Renters are gearing up to fight back. An ‘Eviction Free Summer’ is being planned — an innovative campaign to counter the rash of evictions that are generating both displacement and skyrocketing rent prices. The idea of ‘Eviction Free Summer’ is to put evictions and evictors in the spotlight, to put would-be evictors on notice and capture the attention of city officials who have so far done little to stem their tide.

We must demand accountability and action by City Hall and state legislators to rein in the real estate industry and put the brakes on evictions and other displacement. People’s lives, neighborhoods and communities, and the very fabric and identity of our city are at stake.

To those who cheer “change” as if its victims were not real, or who wearily concede the fight, we must ask: are we really going to allow the profit-hungry market and wealth-seeking executives and speculators decide who lives and votes here? Are we going to let the market destroy what’s left of our city’s economic, cultural, racial and ethnic diversity — the very things that make San Francisco what it is?

Christopher D. Cook is an award-winning journalist and author, and former Bay Guardian city editor. Contact him at www.christopherdcook.com

Democrats reject 8 Washington

51

The San Francisco Democratic Party has voted to oppose the 8 Washington project and to endorse the ballot measure that would halt it.

By a 15-4 margin, the Democratic County Central Commitee, which makes policy for the local party, endorsed a No vote on the fall referendum that would negate the height limit increase developer Simon Snellgrove says he needs to build the ultra-luxury condos. The units would be the most expensive in San Francisco history.

The supervisors approved the height limit last fall. The referendum puts the issue directly before the voters, and foes of the project need a “no” vote to reject it.

“This was a huge victory,” Jon Golinger, who is running the campaign against the condos, told me. “The Democratic Party is a huge endorsement in San Francisco.”

That’s particularly true in a low-turnout election — and since there aren’t any high-profile races on this November’s ballot, I would guess only the most serious voters will make it to the polls.

The Sierra Club — another group that carries a lot of clout — has already come out against the project.

Snellgrove’s forces first tried to delay the vote until late summer, arguing that the committee needed more time to get all the facts. But Sup. David Chiu, a DCCC member, noted that this project has been discussed and analyzed and fought over for so long already that there’s nothing new anyone could possibly learn by delaying.

The motion to delay failed. Only Bevan Dufty, Sup. Scott Wiener, Sup. Malia Cohen and Kat Anderson voted in favor of the project. Voting against were Bill Fazio, Trevor McNeil, Kelly Dwyer, Leah Pimentel, Hene Kelly, Alix Rosenthal, Carole Migden, Rafael Mandelman, Matt Dorsey, Petra DeJesus, Assemblymember Tom Ammiano, State Senator Leland Yee, Chiu, Sup. David Campos, and Sup. John Avalos.

 

Commission approves soccer project but pushes the city to restore habitat

43

The California Coastal Commission today upheld San Francisco’s plan to replace the Beach Chalet grass soccer fields at the west end of Golden Gate Park with artificial turf and high stadium lights after an emotional five-hour hearing, but not before voicing concerns about the loss of natural terrain and urging the city to do wildlife habitat restoration work on adjacent land.

The soccer project has been repeatedly approved by city agencies despite strong opposition from some neighbors and environmentalists, who say it conflicts with a Local Coastal Plan that calls for it to be a “naturalistic” setting. Their appeal to the commission — which enforces the California Coastal Act of 1976 and regulates development in the coastal zone statewide — was supported by commission staff, giving hope to opponents.  

But the dearth of playing fields in the city and bad conditions on this often soggy, gopher-ridden site drove the local approvals of the project, and advocates for soccer and youth dominated public testimony at today’s hearing, which was held in San Rafael. Supportive speakers made arguments ranging from the exodus of families from the city to the need to combat youth obesity and diabetes to concerns that the woods surrounding the field is now “a fornication playground for gay men, it’s a shooting gallery for drug users, and it’s a toilet for the homeless,” all ills they say the turf and lights will help dispel.    

“I urge you to reject the appeal and allow San Francisco to manage our park system,” Sup. Scott Wiener testified to the commission, adding, “San Francisco has a crisis in that we are losing our families and losing our children.”

Former Sup. Aaron Peskin took the opposite position, calling the commission’s staff report “well-reasoned” and telling commissioners they have an obligation to protect coastal areas on behalf of all Californians: “It is the role of the commission not to succumb to political pressure.”

After public testimony and before a lunch break when he needed to leave, Commissioner Steve Blank made a motion to adopt staff recommendations and deny the city’s project, rejecting the various arguments made by supporters as irrelevant to whether this project complied with the Coastal Act and should be built so close to the ocean.

“Our review is based on the needs of 38 million Californians. One of the reasons our coastline looks the way is does is because of this commission,” Blank said, later adding, “This project looks like an industrial sports facility which is the antithesis of a naturalistic setting.”

He acknowledged arguments that the site has been soccer fields for more than 60 years and that many San Franciscans want them there. But he analogized it to the city’s one-time embrace of the Embarcadero Freeway before decades later realizing it wasn’t an appropriate waterfront use and tearing it down.

After a lunch break, the commissioner who seconded his motion, Esther Sanchez, continued Blank’s arguments against the project. “Our purview is different than the city and county of San Francisco,” she said. The commission’s role is ensuring compliance with the Coastal Act and LCP — which was developed by the city and approved by the commission decades ago — and its call to “emphasize naturalistic land use qualities of the western part of the park for visitor use,” saying the city should use other parks if it wants artificial turf fields.

But Commissioner Steven Kinsey called for the commission to defer to the city process and argued that turf and lights don’t necessarily violate the vague language in the LCP. “Grass alone does not make the site naturalistic,” Kinsey said, making a motion to approve the city’s project.

Commissioner Martha McClure then strongly sided sided with Kinsey and the city, and Commissioners Robert Garcia and Wendy Mitchell followed suit, saying how they personally liked turf more than grass. “It’s great for the environment, it’s water reducing, it stays green,” Mitchell said, noting that she’s replacing the lawn at her Southern California home with turf, calling the staff report “arrogant,” and saying, “I’m disappointed that we’re hearing this item.”

Garcia said the project will improve the public’s access to the coastal zone, which is something the Coastal Act also encourages.

“Artificial turf has become a savior for us, we can keep all our fields in play,” Commissioner Carole Groom, a member of the San Mateo County Board of Supervisors, later said, making her the fifth solid vote for the city’s project.

That left four swing votes on this 11-member commission who all said this was a difficult decision. They were inclined to let the project go through, but they were bothered by converting seven acres of real grass to artificial turf and wanted to mitigate that loss of wildlife habitat.

Chair Mary Shallenberger took issue with Mitchell’s comments. “I think they is absolutely properly before us,” she said. “This is how the process is supposed to work. Staff ended their presentation by saying this is a judgment call,” commending project opponents for filing the appeal.

“This was a very hard one for me,” Commissioner Dayna Bochco said, raising doubts that “seven acres of plastic would be a natural and healtful condition.”

Commissioner Jana Zimmer shared the concern and seized on a comment that SF Recreation and Parks Director Phil Ginsburg made earlier expressing a desire to restore as a naturalistic setting a long-neglected four-acre site next to Beach Chalet that used to be the city’s old wastewater treatment plant, noting that $6.5 million in the city’s last parks bond was set aside for habitat restoration in Golden Gate Park.

“I’d like to find a way to link the finding here to that requirement,” Zimmer said, asking Ginsburg whether he could make that commitment.

Ginsburg said that would be the top staff recommendation for the bond money, but that a public process and environmental review would be needed and he couldn’t make the commitment.

“I do believe mitigation is required here,” Bochco said. “We’re taking away seven acres of habitat and I want it replaced with something.”

A majority of commissioners, those for and against the project, strongly urged Ginsburg to follow-through on his pledge to pursue habitat restoration on the adjacent site. But with concerns expressed about tying the two projects together — which raised both legal and local control issues — the motion to do so failed on a 5-6 vote.

With Ginsburg’s pledge and the writing on the wall, the commission then voted unanimously to approve the project, clearing the way for the city to break ground as early as this summer.

Condo bypass legislation now before the full board

196

Controversial condominium lottery bypass legislation — sponsored by Sups. Mark Farrell and Scott Wiener but substantially modified by tenant group that strongly opposed the original legislation, with the help of Sup. David Chiu, Jane Kim, and Norman Yee — is finally coming to the full Board of Supervisors today (Tues/7, starting at 2pm).

Those involved in the negotiations say the legislation will likely to be returned to the Land Use Committee because of amendments being introduced today that the City Attorney’s Office has deemed substantial enough to require another public hearing. [UPDATE: The board voted unanimously to send this back to committee, which will consider it on Monday the 13th].They include a provision pushed by tenant groups that would scuttle the lottery bypass if the 10-year lottery moratorium is challenged in court. 

That moratorium was pushed by tenants and their supporters as a tradeoff for letting a backlog of around 2,000 tenancy-in-common owners buy their way out of the city’s lottery for the annual allowed conversion of 200 TICs into condominiums, which are more valuable and easier to sell and finance than TICs.

Farrell told the Guardian late last week that he was still negotiating with both sides and hopeful that he might be able to support the legislation, despite the hostile amendments that Chiu made which were opposed by Farrell and Wiener in committee.

San Francisco Tenants Union head Ted Gullicksen told us that the tenants’ side was willing to accept a couple of the technical amendments that Farrell proposed during negotiations with them, including exempting from the bypass fee the 19 building that have awaited conversion the longest and allowing some owner-occupier changes as the bypass is phased in over six years.

He said Farrell also proposed that if less than 2,000 condos opt for the bypass, then the difference in numbers would be added to the allowable number of condos in the first year that the lottery is restored, which the tenants’ groups haven’t yet agreed to.

Farrell and Wiener are also expected to offer other amendments, but the tenant groups have said they’ve gone as far as they’re willing to in allowing any increase in condo conversions, and they seem to have six solid votes lined up on the board.

Yet it’s still an open question how new amendments might affect those political dynamics, how the real estate industry (which simply wants as many condo conversions as possible) will respond, whether Mayor Ed Lee (who has avoided taking a position on the legislation) will sign or veto whatever emerges, and whether whoever is left unsatisfied by this deal will try to go to the ballot.

In other words, there may be some tricky political maneuvering ahead, so stay tuned. 

The warriors arena: How are you going to get there?

51

The Warriors and the all-star lineup of nearly every political consultant in town launched a new public relations offensive this week with the release of a new, spiffy set of drawings and a rewritten plan for a waterfront arena. And opponents of the project pretty much shrugged and said: So, what?

Sure, it looks nicer than it did before. Sure, there’s a pedestrian walkway around the arena. Yeah, there’s glass on the inside that will give spectators a nice view of the Bay. Oh, and there’s room for a cruise ship terminal, to give the whole thing a veneer of maritime use.

But the problems with this project have never been the architecture of the 12-story structure or the inevitably dubious links to the water. “The design was never the point,” Randy Shandobil, a spokesman for the Waterfront Alliance, told us. “Is this the best place to put a big arena?”

The new plan calls for a slightly smaller arena — 125 feet high instead of 135 — with slightly less retail space and seating inside. The glass sides will not only allow fans to look out, but allow people walking around the outside to view in and see something going on inside. The scoreboard will probably be visible; the actually play on the floor less so.

The visuals presented by the architects, Snøhetta and AECOM, indicate that the arena will perch on a large pad raised significantly above the level of the current Piers 30-32. From the ground level, the arena looks like a giant flying saucer, taller than AT&T Park, that’s plopped down below the Bay Bridge.

Craig Dykers, a representative of the architects, told a Board of Supervisors committee May 6 that the arena will fill a need for some sort of project along the open stretch of waterfront from the Ferry Building to AT&T Park. His presentation made it sound as if that undeveloped area was by nature a blight; thousands of joggers, walkers, bicyclists and people enjoying the unimpeded views of the Bay might disagree.

In fact, the project will change more than the two piers; it will create a busy residential and commercial shopping district that will increase foot and vehicle traffic even when there are no games or concerts scheduled.

This is, by any standard, a very different project from what the Warriors first proposed back in November, 2012. That’s why the Waterfront Alliance is asking that the scoping sessions for the environmental impact report on the project ought to go back to square one.

No matter what you think about the design, or the views, or the impact on the city’s priceless waterfront, there’s a problem that’s glaringly obvious, and Sup. Scott Wiener made the point very clearly:

This absolutely has to be a transit-first arena. There’s no way that part of the city can handle even half of the 5,000 cars that have been counted at the Warrior’s current home, Oracle Arena in Oakland. And much of that impact is going to fall on the subway, or light-rail vehicle system.

“It absolutely has to have good LRV service,” Wiener said.

The problem: “Our current system is not even meeting our current needs. I have a lot of constituents who say, when there’s a Giants game you just don’t take the subway because there’s not going to be any capacity. We’re close to a breaking point now, even past it. and our ten-year capital plan puts to the side most of Muni’s unmet capital needs.”

Jennifer Matz, the Mayor’s Office point person on waterfront development, said she agreed with Wiener. “I recognize this challenge,” she said. “There needs to be more of a holistic approach.”

But Wiener wasn’t backing down. Adding the capacity that will be needed to serve the new arena, and the new Giants development, and the new residents moving into the waterfront neighborhood, is not going to be cheap. “Where,” he asked, “is the money going to come from?”

Peter Albert, who works for the Municipal Transportation Agency, is looking into the number of passengers that will be riding Muni — and BART, and Caltrain — and the capacity those systems plan to add. But he had no answer to Wiener’s question.

That’s because there is only one answer: The taxpayers will have to come up with something in the range of a billion dollars to solve Muni’s capacity problems in the next few years — or else the developers will. And right now, there’s not a lot of political will at City Hall to ask for either.

A win for the tenants

44

EDITORIAL In a stunning victory, tenant advocates have managed to derail a terrible piece of condo-conversion legislation — and replace it with a compromise that actually improves the current situation and could help slow the wave of speculative evictions.

The supervisors need to support the revised version of the bill — and if Mayor Lee wants to have any credibility at all with tenants, he needs to sign it.

For some 30 years, San Francisco has had a strict policy limiting the conversion of rental apartments to condominiums. Only 200 units a year get permission, through a lottery.

But thanks to the popularity of tenancies in common (a backdoor way around the limit) and the state’s Ellis Act, which allows landlords to evict all their tenants and sell the units as TICs, there’s now a long waiting list.

TIC owners say it’s unfair that they have to accept (somewhat) higher mortgage payments and reduced value on their homes because the wait for a conversion permit has grown to ten years or more. Real-estate speculators see huge profits in clearing buildings of long-term tenants with rent-controlled apartments and selling the places as TICs.

When Supervisors Scott Wiener and Mark Farrell first proposed allowing more than 2,000 tenancy-in-common units to bypass the lottery, tenant advocates began organizing to defeat the bill. Nobody thought a compromise was possible — particularly when the landlord-backed Plan C refused to negotiate in good faith and look for a solution everyone could accept.

But with the help of Supervisors Norman Yee, Jane Kim, and David Chiu, the tenants were able to craft a deal that clears up the backlog — and then prevents any further conversions for at least a decade. That’s fair: If the limit is 200 a year, and TIC owners want to clear up a backlog of 2,000 all at once, a ten-year moratorium makes sense. The tenant package also bars conversion of any buildings with more the five units and includes more protections for existing tenants.

If this proposal is really about helping TIC owners who face a long and uncertain time on the conversion list, then the compromise ought to be fine — and indeed, many TIC owners support it. The real-estate speculators who want to see evictions continue at a rapid pace hate it — this would make TICs less appealing and less valuable. But that’s fine: Buying a TIC has never been, and should never be, based on a future promise of condo conversion. And if this slows down the horrifying epidemic of evictions and displacement, it will be a very positive change.

Wiener and Farrell didn’t accept the compromise, but it was amended into their legislation anyway. The new version will come before the supervisors May 7. The supervisors should see this for what it is — greedy speculators against everyone else — and vote yes.

Hearing on event security as SFPD pushes police state

17

Just a few weeks ago, Sup. Scott Wiener, civil libertarians, and I were raising concerns here about the SFPD unilaterally expanding its video surveillance reach. Then came the bombings at the Boston Marathon, which the SFPD used to seriously up the ante in the police state pot, asking for real time video surveillance up and down Market Street and banning backpacks at Bay to Breakers.

Now, I’m not one to stand in the way of reasonable security precautions. But we shouldn’t just defer to the SFPD on whatever it says it wants because then we’ll have cameras on every corner, spy drones overhead, stop-and-frisk, and an ever-greater portion of our tax dollars going to expand the police state. Because the cops will always want more tools to police us, tools they will always say they need to protect us – it’s just in their nature. But it’s up to the rest of us to strike the right balance and not lose our heads every time some whack-job resorts to violence.

That’s why it’s good to see that Sup. Eric Mar has called a Neighborhood Service and Safety Committee hearing for this Thursday at 2pm on security measures for large events, to which he’s invited the SFPD, Planning Department, Recreation and Parks Department, and Entertainment Commission. Let’s talk about this before acting too rashly.

For example, is it really reasonable to ban backpacks at Bay to Breakers just because the Tsarnaev brothers allegedly carried their homemade bombs in backpacks? Is it possible for police to ensure that nobody in or around an event that draws more than 100,000 people has a backpack? Is it even legal to prevent me from riding my bike near a race that bisects San Francisco if I happen to be wearing a backpack?

I’m always amazed at Americans’ capacity for fear and overreaction. One nut decides to put a crude explosive in his shoe and suddenly we all have to remove our shoes every time we board an airplane (a silly measure most other countries don’t require). Even as horrible as the 9-11 attacks were, the 2,977 people they killed that day is a small fraction of the death toll that we inflicted in response (6,693 US troops killed in Afghanistan and Iraq, and at least hundreds of thousands of Iraqis and Afghanis killed), and I don’t think anyone can credibly claim that we’re any safer today as a result.

Fearful people will accept anything police say will make them safer, and that’s how the slide into police states throughout history always begin, pushed by tyrants of all ideological stripes. But isn’t that just giving in to terrorism? After all, we’re all far more likely to be killed by a distracted motorist than we are a terrorist, but I’m not hearing calls for big crackdowns on drivers, even in the face of good evidence this would keep us safer than banning backpacks.

Our country was founded by people who were more wary of soldiers and cops than they were random kooks, and I think we’d do well to remember what people like Benjamin Franklin had to say about irrational fears: “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”

Bay to Breakers: Go naked, everyone!

15

I realize security is a serious issue after Boston. And I’m all for public safety. So if the city is going to ban backpacks at Bay to Breakers, (just for runners, or for spectators, too? How can that be enforced?), we might as well take the next logical step:

More naked runners.

Run naked and you can’t hide a bomb. Run naked and you are no security threat to anyone. In fact, public nudity is one of the best defenses against terrorism; have you ever heard of a naked terrorist?

Let’s go all the way. The runners. The spectators. The casual passers-by, the folks who happen to live along the route …. banning backpacks is just a start. Ban clothes. All day, all along the 7.5 miles. A naked city is a safe city.

Scott Wiener can stay home.

“Street Fight” examines the politics of mobility in San Francisco

16

Ideology plays a bigger role in shaping San Francisco than most people realize, as we’ve discussed in this space before. Nowhere is that more true than in the politics of land use and transportation, as my friend Jason Henderson, a San Francisco State University geography professor, discusses in his insightful new book, Street Fight: The Politics of Mobility in San Francisco.

He’ll be discussing his work this Friday, April 19, from 7-9pm during a book launch party hosted by Green Arcade Bookstore across the street at the upstairs loft space of McRoskey Mattress, 1687 Market. Or if you miss that but want to join the discussion, you can catch Henderson’s forum on May 15 at SFSU or what will surely be other local events on this pivotal topic.

Henderson chronicles the seminal events in San Francisco’s history with “automobility” and related transportation issues, from the freeway revolts of the late ’50s through 2000 to today’s continuing political struggles over parking, bicycles, livability, gentrification, and the form, function, and financing of Muni.

Yet the lens that Henderson brings to understanding all of these issues and struggles is ideology, which he breaks down into three major categories: progressive, neoliberal, and conservative. Whether we realize it or not, we can all be fairly easily placed in one of those three categories when it comes to how we think about automobility, or the primacy of cars in modern life.

“A progressive framework conceptualizes mobility as a systemic problem that requires deep social commitment and responsibility. How we get there matters. It posits that there can be too much mobility, as exemplified by high levels of [Vehicle Miles Traveled] in the United States, and that excessive mobility results in both environmental degradation and major social inequality at a local, state, and global scale. The main problem, obviously, is that automobility is part of a wider, systemic moral and social problem of over-consumption and disproportionate materialism,” Henderson writes, sounding themes that I echoed in this week’s cover story.

On the other end of the ideological spectrum are those with conservative views on mobility, who see driving as a basic right, which is the dominant mindset on the west side of supposedly liberal San Francisco. “Unlike progressives, conservatives do not think about responsibility as relating to broader systems such as the economic structure of society. Instead, they think in terms of direct causation and of each individual being responsible for the consequences of his or her actions. For example, poverty is a result of individual shortcomings caused by personal and moral characteristics, not of structural themes like socioeconomic forces beyond an individual’s control. Getting to work on time and providing one’s daily needs are not collective concerns but the responsibility of the individual,” he writes.

Of course, these conservatives still rely on government to build and maintain their transportation infrastructure, which they believe should be centered around cars. “Government should guarantee and accommodate automobility, not seek to discourage it or make it more expensive. Government-sponsored road building and other explicit policies that encourage motoring reflect an optimal use of government to stabilize conservative social relations centered on automobility,” Henderson write of the conservative mindset.

Between those two poles are the neoliberals, who have come to dominate City Hall, particularly in the last few years with the ascendancy of Mayor Ed Lee, Board President David Chiu, and Sup. Scott Wiener, who has taken the lead role on transportation issues. Neoliberals rely on market-based solutions to almost any problem, and they end up partnering with either conservatives or progressives in the politics of mobility depending on the issue.

“Neoliberals, consistent with the broader agenda of the privatization of space and market-based pricing of public access to space, envision a mobility system shaped by pricing and markets rather than by regulation and collective action. Unlike progressives, neoliberals feel the built environment must be allowed to develop with the efficacy of the market. Movement, paid for by the individual user, should be unrestrained. Yet such efficacy can include a commodification of nonmovement or slower movement or the package of quality-of-life goods surrounding the ‘walkability’ and ‘livability’ of the city, a package reserved for those who can afford to enter. To that end, neoliberal mobility includes the aggressive use of government to both enhance mobility and rein it in, but only inasmuch as government policy helps realize the goals of profit and facilitating economic growth and development,” Henderson writes.

It’s fascinating to explore how these three distinct mindsets have shaped San Francisco in recent decades, and how they interact today to create the city that we’ll be moving through in the future.

The Chron gets the condo deal wrong

23

It’s kind of a surprise that the Chron actually likes the (possible) condo conversion deal. That paper typically opposes anything that is good for tenants and supports anything that the landlords like. But it’s annoying that the editorial writers made it sound as if Sups. Scott Wiener and Mark Farrell engineered this whole thing. You need to get beyond the silly paywall to read the full editorial, so I’ll reproduce the key part here:

This week a deal may be struck to end the stalemate. A plan by Supervisors Mark Farrell and Scott Wiener will give owners of tenancies in common the chance to convert under a one-time deal. The yearly lottery will be suspended, the apartment owners will pay from $4,000 to $20,000 each into a subsidized housing fund, and those in the conversion pipeline can go forward. It’s essentially a one-time offer with the lottery system swinging back in place in 10 years.

Actually, Farrell and Wiener weren’t the ones who came up with the proposal that might make this legislation possible. That work was done by tenant and housing advocates — Sarah Shortt of the Housing Rights Committee, Ted Gullkicksen of the Tenants Union, Peter Cohen from the Council of Community Housing Organizations, Gen Fujioka of CCDC — and Sups. Norman Yee, Jane Kim, and David Chiu. The landlord group Plan C didn’t make any effort to negotiate anything in good faith, so the tenant and housing people went and put this together on their own.

It was never included in the Wiener/Farrell bill; if anything, it was prepared as a hostile amendment. Realizing that, with Yee on the side of the tenants, there wouldn’t be six votes for their original plan, Wiener and Farrell had no choice but to accept the tenant alternative.

A lot of hard work, and a lot of give-and-take was involved — but the credit for that goes first and foremost to the activists who fought the original Wiener-Farrell proposal. Let’s be fair here.

Making CEQA work

10

OPINION In San Francisco, a single person can file an 11th-hour appeal under the California Environmental Quality Act to stop a park, library, transit, or affordable housing project that has broad public support. It’s actually worse: that single person can file the appeal long after the project has been approved and even after it goes into construction. When the appeal is filed, the project must stop construction — creating huge costs — until the Board of Supervisors gets around to ruling on the appeal.

This is government dysfunction at its worst, and it needs to be reformed. Supervisor Scott Wiener is sponsoring legislation to do just that: to allow full public participation and challenges to projects while implementing the common-sense rule that for any project, there must be an end to the process and a clear deadline for filing CEQA appeals. Public participation in decision-making is important, but at some point, the decision is made, the process comes to a conclusion, and the project begins. Open-ended CEQA appeals with no deadlines — San Francisco’s current system — are anti-democratic.

Passed 40 years ago, CEQA is an important state law that requires environmental analysis before approving projects. CEQA has helped stop or modify environmentally problematic projects in our state. Pretty much every project in San Francisco — whether a mega-development or a smaller project, such as a homeowner replacing a rotted-out porch handrail, a playground or library renovation, an affordable housing project, or a bike or pedestrian-safety upgrade — must undergo CEQA evaluation. These myriad CEQA evaluations are then appealable to the Board of Supervisors. Yes, if you are replacing that rotted out handrail or working with your neighbors to renovate your local playground, those projects can be appealed to the Board of Supervisors under CEQA if a single person doesn’t like what you’re doing.

We support CEQA and support the right to appeal projects. What we cannot support is having no firm deadline to file those appeals. We’ve seen excellent projects, with broad public support, get delayed and have dramatically increased costs because of our bad process. A small group abused CEQA to fight the North Beach Library for years. After the Dolores Park renovation underwent dozens of community meetings and attained broad community support, a single person appealed the project, arguing that the dog areas of the park would lead to childhood obesity. San Francisco’s bike plan was delayed for years, costing millions of tax dollars.

By setting a clear deadline to file CEQA appeals — 30 days after the project is approved — and by improving notice to the public, Supervisor Wiener’s legislation will provide opponents every opportunity to challenge a project, but they will have to do so before the project goes into construction. That is a common sense rule, and as a result, the legislation has garnered broad support from affordable housing builders, the San Francisco Bicycle Coalition, Walk SF (our pedestrian safety advocacy group), SPUR, labor unions, and neighborhood associations and leaders.

Supervisor Jane Kim has introduced an alternative to Supervisor Wiener’s legislation. Supervisor Kim’s legislation would make our dysfunctional process even worse. It would allow for multiple CEQA appeals of projects instead of just one and would continue to allow CEQA appeals long after projects are approved and even after they go into construction.

It’s time to bring rationality to our CEQA appeal process. Supervisor Wiener’s CEQA appeal legislation is the right approach and deserves to be passed.

Scott Wiener is a member of the San Francisco Board of Supervisors. Pat Scott is Executive Director of Booker T. Washington Community Service Center in the Western Addition, which provides services and affordable housing to families and youth.

 

CEQA change moves faster in SF than Sacto

13

So the Guv says he doesn’t think he’s going to be able to gut CEQA this year. I think he’s right: The party he supposedly leads (but doesn’t tend to follow him) won’t go for it, any more than the party Obama leads will got for cuts to Social Security.

It’s partly that both are hard-fought pieces of progressive history. The late 1960s and early 1970s were a good time for the environmental movement — Congress passed both the National Environmental Policy Act and the Endangered Species Act, and Nixon signed both. The California Legislature passed CEQA in 1970, and Gov. Reagan signed it. Back then, even Republicans thought it was a good thing to be on the side of protecting the planet.

But there’s more — and it’s interesting that the state Leg, typically not known as a bastion of progressive thought, is better on this issue than San Francisco, where some sort of changes to CEQA are almost inevitable.

Some background:

What NEPA and CEQA did, first and foremost, was eliminate the problem of “standing” that had plagued environmental lawyers for years. If I couldn’t prove that a horrible development project on the San Francisco waterfront would personally injure me (which would typically mean I had to own adjacent property), I had no right to go to court to oppose it. CEQA mandates a valid, complete environmental review of any major project, which gives anyone the right to sue; I may not be able to describe specific financial damages from a project, but as a citizen, I have a legal right to an adequate Environmental Impact Report.

Likewise, anyone can appeal a development in San Francisco to the Board of Supervisors on the grounds that the EIR was inadequate.

CEQA review slows down projects and costs money. If you “streamline” the process, you make life easier for developers. But there’s a hefty price to pay — because while Sup. Scott Wiener talks about homeowners fixing rotting handrails, very few CEQA suits or appeals are ever filed over that kind of thing. Yeah, there are exceptions; year, one lone bike-hater slowed down the city’s bicycle plan. Yeah, NIMBYs will sometimes slow down affordable housing projects.

But most major CEQA lawsuits and appeals are over big projects, ones that, in San Francisco, tend to slide through the official approval process no matter how horrible they are. Mayors of this city for most of the past half-century have liked developers; mayors appoint the majority of the Planning Commission, and they appoint commissioners who like developers. There’s big money in San Francisco real-estate development, and the savvy builders spread enough of it around that they typically get their way.

CEQA gives the rest of us a way to fight back. Most of the time, it doesn’t work: A CEQA appeal, for example, didn’t stop the atrocious 8 Washington project. CEQA hasn’t stopped developers from building about 50 million square feet of office space in the city since the 1970s. CEQA didn’t stop that hideous Rincon Hill tower. Oh, and it hasn’t stopped a single affordable housing project.

In a city where developers rule and bad decisions are made all the time, for all the wrong reasons, you have to look at tradeoffs. Is it worth accepting a delay in the bike plan and the Dolores Park plan because lone nuts are using CEQA — if that means we can force big commerical projects to mitigate some of the damage their doing? CEQA isn’t perfect, but “reforming” it to make appeals harder is, on balance, a bad idea.

Have at me, trolls. I am a backward-thinking luddite who hates success and never wants anything in the city to change. I am an old curmudgeon. I am whatever you come up with next.

Or maybe I’ve just lived here long enough to see that much of what passes for “progress” in this town does more damage than good.

 

Proposal would halt condo conversions for ten years

San Francisco Supervisors Norman Yee, Jane Kim and Board President David Chiu gathered with a cluster of tenant advocates at City Hall April 15 to unveil a proposal billed as a more equitable alternative to a highly controversial condominium conversion legislation that’s fueled a months-long battle over affordable housing.

Crafted with the input of tenant advocates, the new plan seeks to amend controversial legislation proposed earlier this year by Sups. Scott Wiener and Mark Farrell to allow a backlog of approximately 2,000 housing units to convert immediately from jointly held tenancies-in-common (TICs) to condos.

The proposal would effectively shut down the city’s condo conversion lottery for a minimum of 10 years, a measure aimed toward ending the cycle of real estate speculation that tenant advocates say has given rise to a spike in evictions in San Francisco’s supercharged housing market.

The proposal would still allow a current backlog of TICs to convert to condos without having to wait in a lottery system created to limit the number of units lost from the city’s rental housing stock. The board’s Land Use and Economic Development Committee, which is currently in session, will take up the legislation and proposed amendments later this afternoon.

The 10-year suspension on condo conversions would allow time for permanently affordable units to be built in place of the rental units that would be lost in the one-time conversion, proponents of the alternative legislation said. “If more affordable housing isn’t produced, then units don’t get to convert,” Housing Rights Committee executive director Sara Shortt told the Guardian. 

Chiu stressed that the proposal was crafted to “ensure that as we expedite condo conversions … we protect tenants by suspending the lottery for at least 10 years.”

The 10-year minimum suspension is based on current regulations capping condo conversions at 200 per year. It would last a decade because an estimated 2,000 units would be converted, but could last longer than that.

“For example, if 2,200 units are converted,” Chiu explained, “the suspension would last for 11 years.”

Meanwhile, the proposal would require the conversions that would be intially allowed to be staggered over the course of three years.

The plan “puts the Board of Supervisors on record that we strongly believe in preserving our affordable housing stock,” said Sup. Yee, adding that the package of amendments seeks to “address the risk of speculation that will ensue with a large number of TICs being converted to condominiums.”

The Wiener-Farrell proposal spurred a months-long opposition campaign led by tenant advocates, who said it would permanently remove affordable rental units from the city’s housing stock and incentivize evictions of long-term tenants at a time when Ellis Act evictions are already on the rise. 

“Condo conversions are the number one reason why people are being evicted from the city,” San Francisco Tenants Union executive director Ted Gullicksen said at the April 15 rally and press conference.

Wiener and Farrell’s proposal was presented as a way to remedy TIC owners’ complaints that onerous shared mortgages had left them financially strapped.

But Sup. David Campos, who also appeared at the rally, commented that the real challenge “is for the renters who are finding it very hard to live in San Francisco.”

Campos seemed dubious that a one-time condo conversion should be allowed to move forward at all. “If anything, I think we should be doing more to protect tenants,” he said. “My hope is … if it’s something we cannot live with as a community, we will make sure it dies,” he added, referring to the original condo conversion proposal. 

In an earlier attempt to strike a compromise between TIC owners and tenant advocates, “negotiations broke down quickly,” Shortt said in an interview. At the rally, she said this alternative was “drafted in a way that’s not trying to meet any political agendas.”

For many elderly and low-income tenants who have few options if they are faced with eviction, “there is no price tag that you can put on their units,” said Matt McFarland, a staff attorney at the Tenderloin Housing Clinic, who spoke at the rally. “Their most valuable possession is the long-term rent control on their property. For these tenants, it’s basically a death sentence when you get these eviction notices.”

ABC shows more concern about expanding police video surveillance than Mayor Lee

15

The SFPD has quietly expanded its reach and authority to obtain video surveillance from in and around bars, clubs, and markets through a condition it has begun recommending on new liquor licenses, as I reported in today’s issue, effectively bypassing controls on city-operated surveillance cameras established through extensive public hearings in 2005.

But the Mayor’s Office doesn’t seem concerned about the new trend, echoing SFPD’s point that it is the California Department of Alcoholic Beverage Control that decides whether to heed the SFPD’s request to include the video surveillance condition. “There is no new policy. SFPD makes recommendations as far as I know, not requirements,” Mayoral Press Secretary Christine Falvey wrote to me in an email responses to our questions.

Certainly, everyone from bar owners to the ACLU to Sups. Scott Wiener and David Campos – who have called a hearing on the policy for later this month – consider it a new policy, or at least one that the public has just learned of after it was adopted internally right after the idea was shot down in public hearings in 2011.

ABC spokesperson John Carr had told me the department “routinely denied requests for conditions by SFPD per section 23800(e) of the Californian Business and Professions Code, occasionally these denials include the surveillance condition,” but he wasn’t able to provide me any examples of that happening by press time.

But today, he was able to find one. On Oct. 3, 2012, ABC rejected the SFPD’s request for video surveillance at Bush Market at 820 Bush on a quiet residential block of Nob Hill, noting that state law requires such requests be supported by “substantial evidence” that problems exist at the site that would be mitigated by the condition.

“I regret to inform you that the Department is unable to impose conditions pursuant to your request because no evidence was provided to establish that a problem exists at the premises or in it immediate vicinity,” ABC District Administrator Justin Gebb wrote in what was essentially a form letter.

Carr shared an identical letter that the ABC sent to the SFPD denying some of its requested conditions for another liquor license transfer on Feb. 12, this one for the Space 550 event venue at 550 Barneveld Ave. But in that case, the ABC decided to support the SFPD’s request for video surveillance “that is able to view the inside and outside of the premises” and which must be given to the cops “upon demand.”

As I wrote in this week’s paper, the ACLU considers that kind of extrajudicial expansion of the SFPD’s ability to require and obtain video surveillance to be unconstitutional, and we furnished a copy of the article and the issues it raised to try to get a more substantial comment from the Mayor’s Office, which seems to be less concerned with the civil rights of San Franciscans than the bureaucrats in Sacramento are.

“Balancing public safety with vibrant cultural and nightlife activities is a concern of mayor. He expects the Police Department to work in partnership with the neighborhood and its businesses to lawfully collect evidence that can help keep the public safe and neighborhoods active,” Falvey wrote.

So I had a few follow-up questions, for which I’m still awaiting answers, and I’ll update this post if and when I get them: “The ACLU’s position is that this is not a lawful way to collect evidence, and that it violates the state constitution’s privacy protections and the rules San Francisco established in 2005 regulating when and how the SFPD may request and use video surveillance. Does the mayor reject those concerns and has he sought any legal advice to support his position? In the absence of any judicial review, shouldn’t the city have some guidelines and policies governing this expansion of SFPD’s video surveillance authority? Does the mayor believe the 2005 guidelines should no longer apply? And does the mayor agree with Sups. Wiener and Campos that it would be appropriate to have a public hearing on this issue, particularly given the strong public opposition to requiring expanded video surveillance by bars two years ago?”

Why CEQA matters

3

By Arthur Feinstein and Alysabeth Alexander

OPINION Is now the time to significantly weaken San Francisco’s most important environmental law? When our world is facing the greatest environmental threats ever experienced, why is there a rush to diminish our hard won environmental protections?

That’s the question we should all ask Supervisor Scott Wiener, who has proposed legislation that would significantly weaken the city’s regulations that enforce the California Environmental Quality Act.

Global climate change and extreme weather events are sending a clear message that the world is in trouble. Unprecedented droughts threaten our food supply and drinking water, while floods and sea level rise threaten our homes (the Embarcadero now floods where it never has before). The ozone hole still exists, threatening us with skin cancer, and the critters with whom we share this world are experiencing an unprecedented extinction rate.

Recent region-wide planning efforts, such as One Bay Area, expect San Francisco to provide housing for more than 150,000 new residents, bringing even more impacts to our city.

The best tool available to city commissioners, supervisors, and the public to understand and effectively reduce negative environmental effects of new projects is CEQA, which requires analysis and mitigation of unavoidable environmental project impacts. CEQA mandates that the public be informed of such impacts, and requires decision-makers to listen to the public’s opinions about what should be done to address them. It allows the people to go to court if decision-makers ignore their concerns.

Without an effective CEQA process, the public is helpless in the face of poor planning, and planning based only on the highest corporate-developer-entrepreneur return on the dollar with no regard for environmental consequences, including noise, night-lighting, aesthetics, and transportation — all issues of concern to urban residents. And with current tight real-estate economics, worker safety is at risk if developers cut corners on environmental review, especially with projects built on toxic and radioactive waste sites like Treasure Island, which potentially endanger construction workers and service employees who will work in these areas after projects are completed.

Wiener’s legislation, introduced at the Land Use Committee April 8, makes it much harder for the public to appeal potentially damaging permit decisions, by shortening timelines and establishing more onerous requirements for such appeals. In many instances it would also steer appeals away from being heard by the entire Board of Supervisors, instead allowing small committees to rule on these crucial issues.

A broad coalition of environmental, social justice, neighborhood, parks protection and historic preservation groups, allied with labor unions, is challenging Wiener’s attack on our environmental protections.

Supervisor Jane Kim recently stepped forward to champion these efforts, and work with these groups to draft a community alternative to make the CEQA process more fair and efficient while carefully protecting our rights to challenge harmful projects.

The supervisors need to reject Wiener’s damaging legislation and consider Kim’s community-based alternative in seeking to truly improve our local California Environmental Quality Act process.

Arthur Feinstein is chair of the Sierra Club Bay Chapter. Alysabeth Alexander is vice-president of politics for SEIU Local 1021.