Rebecca Bowe

Ethics Commissioner: No surprises, please

Sasha Cuttler And Mary Magee
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Ethics Commissioner: No surprises, please

The San Francisco Ethics Commission voted unanimously on April 11 to amend a post-employment ban under the city’s Campaign and Governmental Conduct Code, creating a provision that’s designed to allow Mayor Ed Lee to resume his post as City Administrator following the completion of his term as interim mayor.

The change allows an appointed mayor to obtain city employment immediately after serving out a term, provided that he or she doesn’t pull papers to run for office, was previously employed by the city, and doesn’t receive a salary that’s higher than the last year of city employment prior to taking office. The amendment builds in an exception to a rule banning the mayor and members of the Board of Supervisors from obtaining city employment for one year after leaving office.

Ethics Commission staff had recommended that this provision be expanded to apply to appointed members of the Board of Supervisors. While Mayor Lee’s circumstance is a rare occurrence, supervisors are appointed far more often. “The underlying ordinance applies only to the mayor and the board, so we thought, why just do one, why not do both?” Ethics Commission director John St. Croix explained.

But a couple commissioners took issue with that idea, saying it was too far outside the scope of the law that voters enacted, and it ultimately did not win approval. “I don’t see the compelling reason to include the supervisors,” noted commissioner Charles Ward, “and I expect that members of the public are going to be awfully surprised. As a member of the public, I’d be surprised myself.”

Rule change for Mayor Ed Lee could expand beyond special case

Sasha Cuttler And Mary Magee
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Last week, the Guardian reported on the Ethics Commission’s decision to waive two post-employment bans for city officials in order to allow mayoral staffer Kyri McClellan to take a job as executive director of the America’s Cup Organizing Committee, a role that will put her into direct contact with the same office she’s departing from as a representative of private-sector interests.

The April 11 Ethics Commission meeting will feature another discussion on whether to bend the rules on post-employment for city officials.

Shortly after former City Administrator Ed Lee was appointed as interim Mayor, Board President David Chiu introduced legislation that would modify post-employment restrictions to allow Lee to go back to his former job directly after serving out his mayoral term. Under the Campaign and Governmental Conduct Code, the mayor and members of the Board of Supervisors must wait a full year after serving office to obtain employment with the city. Unlike in McClellan’s case, this rule cannot be waived for an interim mayor, so the law must to be changed to include an exception to accommodate Lee in this special case.

As it stands, “This rule is designed to restrict these elected officials from using their influence to create golden parachutes as they leave office,” according to a memo issued by Ethics Commission Deputy Executive Director Mabel Ng.

Yet Ng’s memo proposes expanding the reach of the rule change, advocating for it to apply not only to an interim mayor but any appointed member of the Board of Supervisors who does not plan to seek office after filling out a term.

“If the commission approves this legislation, staff recommends that the Commission also extend the exception to a member of the Board of Supervisors in the same circumstances,” Ng’s memo notes. “Staff makes this recommendation because the same arguments supporting an exception for appointed mayors like Mayor Lee apply equally to appointed members of the board.”

Not so fast, says Jon Golinger of San Franciscans for Clean Government, who issued a press release warning of the possible rule change on April 11. While Lee’s case is rare indeed, supervisors are appointed to fill vacant seats far more frequently, Golinger pointed out. “It introduces a whole new level of uncertainty and political abuse,” he charged. “We don’t want our top officials playing games with public funds so that they can have a job with the city” after leaving office.

Golinger said his group thought the provision that would allow for Lee to resume his old post should include a sunset clause to make it a temporary change, since in his view, “there’s no reason that should be a permanent change.”

As for going a step further to include appointed members of the board, “It’s a major change,” Golinger said, “and it does raise the broader issue of whether Ethics Commission reform is needed.”

In order to be approved, the rule change would have to win at least four votes at the Ethics Commission and at least eight votes at the Board of Supervisors.

Ng’s memo noted that a representative of Chiu’s office would attend the April 11 meeting and respond to questions from staff about the proposed legislation to create an exemption from the post-employment ban for Lee. Reached by phone, Chiu’s legislative aide Judson True said his office had not yet formed an opinion on whether the rule change ought to be extended to the Board of Supervisors.

Mayoral staff member to direct America’s Cup Organizing Committee

Sasha Cuttler And Mary Magee
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The San Francisco Ethics Commission voted unanimously on March 14 to waive a pair of ethics rules in order to allow Kyri McClellan, a project manager in the Mayor’s Office of Economic and Workforce Development (OEWD), to become executive director of the nonprofit America’s Cup Organizing Committee (ACOC). The fundraising arm of the America’s Cup effort, ACOC’s role in bringing the world-famous sailing regatta to San Francisco is to secure corporate donations to offset city costs.

For months, McClellan has been on the city’s side of the negotiating table in discussions with ACOC to hash out a memorandum of understanding (MOU) concerning its fundraising obligations to the city. Without skipping a beat, she’ll now be interfacing with the city on the ACOC side. At press time, it was unclear whether McClellan had already started her new job, but her voicemail with OEWD was still in service. We left a message, but haven’t heard back.

McClellan sat down with the Guardian last November for an interview about the America’s Cup. She seemed knowledgeable and organized — and race organizers were clearly impressed with her performance. Regardless of how qualified she may be, however, the Ethics Commission’s decision to grant these waivers raises the question of whether McClellan received special treatment from the very entity that’s tasked with ensuring ethical government conduct.

The move also raises concerns about a revolving door between the Mayor’s Office of Economic and Workforce Development and the powerful private-sector interests behind the prestigious sailing event. Rather than preserving the ethical barrier that the rules intended, ACOC will now gain a team member who has detailed knowledge of OEWD’s inner workings.

In order to accommodate McClellan, commissioners agreed to waive two post-employment restrictions for city officials. The first is a yearlong post-employment communications ban, and the second prohibits former city employees from receiving compensation from city contractors for two years.

To better understand the intent behind these bans, the Guardian phoned the Ethics Commission and was connected to Deputy Executive Director Mabel Ng. She explained that the communications ban prohibits former city employees from taking private-sector positions that interface with the same department they worked for, “because you might have some undue influence.”

The two-year ban on receiving compensation from city contractors is meant to ensure that city officials engaged in negotiating contracts are not doing so to secure an outcome that would benefit them personally. “This again, just to make sure that when you are negotiating a contract … you’re doing this on behalf of the city,” Ng said.

Asked to explain the commission’s reasoning behind the granting McClellan the waivers, Ng said it was because “it determined that there would not be a potential for undue influence … because it seemed like [ACOC’s] interests were aligned with the city’s interests.”

As one ethics commissioner pointed out during the meeting, however, the same could be said of virtually any nonprofit entering into an agreement with the city.

Asked what would happen if ACOC somehow failed to raise the agreed-upon funds, placing McClellan in the position of having to explain the shortfall or re-negotiate with her former coworkers, Ng allowed, “If something like that happened, there might be a conflict.”

And what justification was given for waiving the ban on former employees receiving compensation from city contractors? “For that one, in the law itself, it says the commission may waive it … if it would cause extreme hardship,” Ng explained. “There would be a hardship, because … this is a great opportunity for her, and there was a short timeline for her to do it.”

Pressed on that point, Ng confirmed that the “hardship” in this case was the possibility of being barred from a great job opportunity, not the threat of financial impact or job loss.

The other issue, Ng said, was that without McClellan serving in that post, the committee’s fundraising effort might not be successful. “It just seemed like, you need to have somebody take charge,” she said. “The committee may suffer without her at the helm. If she were not able to do that, the committee — which plays a very crucial role in this — may not be able to meet its obligations.”

When we mentioned to Ng that the committee was composed of some very well-connected individuals, she noted that she was not familiar with its membership.

As we reported in previous coverage of the America’s Cup, ACOC is a veritable who’s who. Hollywood mogul Steve Bing, who’s donated millions to the Democratic Party and funded former President Bill Clinton’s 2009 trip to North Korea to rescue two imprisoned American journalists, is on the committee. Tom Perkins, a Silicon Valley venture capitalist, billionaire, and former mega-yacht owner, has a seat. George Schultz and his wife, Charlotte, are members. Billionaire Warren Hellman, San Francisco socialite Dede Wilsey, and former Newsom press secretary Peter Ragone are also on the committee. And that’s to say nothing of the less well-known investors, or the honorary members — elected officials serving at all levels of government. Would a powerful crew such as this have a difficult time raising money without McClellan’s leadership? Seems like a stretch, but that reasoning was offered as a factor in the decision to grant the waiver.

In an odd twist, McClellan might also be working alongside her former boss on the America’s Cup effort. In January, ACOC named its “first ever” Ambassador at Large: Lt. Governor Gavin Newsom.

While several ethics commissioners raised questions before granting the waiver, the vote ultimately came to 4-0 in favor of McClellan’s request. Board President David Chiu sent his legislative aide, Judson True, to speak in support of issuing the waiver.

Threads of change

Andrew Lam
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Threads of change

rebeccab@sfbg.com ; caitlin@sfbg.com

GREEN ISSUE Planting indigo seedlings in a leaky greenhouse in the mist of a cold Marin County afternoon, Rebecca Burgess thinks about what she’s going to wear. She’s not a fashion model, or a clotheshorse, but she is on a yearlong quest to attire herself only in garments that were sourced and produced bio-regionally — or within a 150-mile radius of home — an area she calls her local fibershed.

Why take on such a challenge? “If we don’t want BP oil spills, it’s about more than just not fueling our cars with it,” Burgess says. While many activists seeking to unplug from oil dependency have worked to encourage bicycles, local agriculture, and reusable shopping bags, her approach takes on the materials we use to clothe our bodies.

Half of all jeans sold annually in the United States — around 200 million pairs — are produced in the Xintang township in China’s Pearl River Delta, where a Greenpeace study found hazardous organic chemicals and acidic runoff in the watershed, both of which may contribute to profound health risks for factory workers and their communities.

Of course, oil is consumed in the transport of factory-made garments halfway across the globe. But as Burgess notes, that’s only part of the reason for her project, which so far has yielded a book on the making of natural dyes and a plan for a community cotton mill in Point Reyes.

She’s also concerned about the synthetic fibers mass-manufactured clothes are made of. “We’re wearing a lot of plastic,” she notes. Not just plastic: petrochemicals, formaldehyde, and carcinogenic polycrylonitriles can all be used to produce your outfit— materials that seep into your pores when you’re active and can hardly be considered ideal to wear against your skin.

To limit support of the oil-reliant garment industry, Burgess envisions a collaboratively created source of clothing made from materials and processes that are — unlike the heavy-metal laden industrial effluent from denim dyes flowing into China’s Pearl River — completely nontoxic. To that end, she’s linking natural fiber artisans and raw material providers throughout the region with the fibershed project, which aims to bolster local clothing production.

Today, she’s the poster child for her effort. Burgess sports striped alpaca kneesocks, an organic cotton skirt sewn by a friend, and a wool sweater her mom knitted with handmade yarn, sourced from a sheep farmer they know. The clothes look well-loved, which makes sense: relying on one’s fibershed for a wardrobe is not easy. When Burgess first embarked on her yearlong bioregional clothing challenge, there wasn’t much in her dresser. “I lived out of three garments for weeks,” she laughs. “People were like, ‘You’re wearing the same thing over and over and over again.'<0x2009>”

But she found that she wasn’t the only one who believed that a change was possible in our closets. Friends, family, and a wider community of shepherds, cotton growers, knitters, seamstresses, and artisans all pitched in to help her along with the project. Burgess says this growing network underlies what it will take for communities to transition to a more sustainable lifestyle. “All this is about encouraging more relationships.”

There’s Sally Fox, whose non-genetically modified colored cotton operation in the Capay Valley is the culmination of years of seed-selecting for natural color tones. There’s the 96-year old sheep farmer in Ukiah. Not to mention the hip fiber artisans based in Oakland and the young fashion students in San Francisco who were inspired by her project.

“It’s not just of value to an old spinster community, it’s of value to a young, hip generation of people who want to live in a carbon-free economy,” Burgess notes. “A bunch of urban young people are really into fibers.” Most, she adds, are women.

Burgess makes her own clothing, too, and to research her book (Harvesting Color, Artisan, 180 p., $22.95) traversed the country learning from female “wisdom-keepers,” women whose craft practices were based on passed-down traditions encouraging the health of their ecosystems.

Today is part of her latest endeavor: growing her own indigo dye so that locally made garments can be dyed blue sustainably. Her day’s work entails planting 400 indigo seeds in flats filled with soil from a ranch down the road. This spring and summer, she plans to raise 1,000 indigo plants in three garden plots just outside the greenhouse. The day the Guardian came to visit, sheep lounged in the pasture beyond her garden plots, as if to illustrate the point that this process won’t require any long-distance transport.

She realizes that few people have a greenhouse to plant indigo in, much less the time necessary to produce their own clothing — or the money needed to dress in handcrafted pieces. But by proving that it’s possible to wear clothes that were created by your own community, she hopes that people will at least “settle for second best, which in this case is wearing organic, American-made materials.”

Even that would be something — right now clothes just aren’t on most of our sustainability compasses. As an example, Burgess recalls a panel discussion she attended at which sustainable food champions Michael Pollan and Joel Salatin were speakers. Someone (“And it wasn’t even me!” she insists) asked them what role garments played in a sustainable lifestyle. “And they were speechless. They didn’t have a thing to say.”

It was a PR challenge Burgess was happy to assume — she has since struck up an e-mail correspondence with Pollan, which she hopes will spread her message further. “Clearly we need some education.”

Join Burgess and other yarn producers for a locally made fashion show and to see plans for their community mill May 1 at Toby’s Feed Barn in Point Reyes. For more information call (415) 259-5849 or visit www.rebeccarburgess.com

 

Drawing a line in the toxic triangle

Andrew Lam
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Drawing a line in the toxic triangle

rebeccab@sfbg.com

GREEN ISSUE California is often viewed as being among the brightest shades of green. The Golden State’s landmark climate-change legislation has proven magnetic for green-tech startups, while Northern California is defined in part by its longstanding love affair with natural foods and solar power. San Francisco boasts a well-used network of bike routes, a ban on plastic bags, mandated composting of kitchen scraps, and a host of urban agriculture projects.

While much of the Bay Area’s environmental reputation is well-deserved, things look different from poor neighborhoods where homes are clustered beside hulking industrial facilities and public health suffers. For years, grassroots organizations working in Richmond, Oakland, and Bayview-Hunters Point have sought to improve air quality and promote environmental justice in neighborhoods plagued by higher-than-average rates of respiratory disease, cancer, and other preventable illnesses.

The Rev. Daniel Buford of Oakland’s Allen Temple Baptist Church told the Guardian that he began talking about the polluted areas of Richmond, Oakland, and San Francisco as a “toxic triangle” two decades ago. It was an analogy, he explained, that plays off the mysterious deaths that the Bermuda Triangle is famous for. Yet the label also served a purpose — to unite three communities of color that were fighting separate yet similar battles against health hazards associated with their surroundings.

“There were a lot of things that weren’t in place with public consciousness that are in place now,” Buford said.

Today, he isn’t the only one uttering the catch phrase. A host of community organizations banded together as the Toxic Triangle Coalition last year to organize three forums on environmental justice in the three cities. Advocates cast the neighborhood-specific problems as three parts of a regionwide phenomenon, highlighting how pollution from shipping, crude oil processing, freeway transportation, abandoned manufacturing sites, hazardous waste handlers, and other industrial facilities disproportionately affect communities of color, where poverty and unemployment rates are already high.

Buford views the Toxic Triangle Coalition as a strategy to mount pressure for stronger enforcement of environmental laws in disproportionately affected areas. “We live in the whole Bay Area — we don’t live in one little part of the Bay Area,” he noted. “Our coalition strongly urges our state representatives in each of the counties to call for a hearing at the state level.”

 

OIL WARS

In Richmond, California’s top greenhouse-gas emitter looms as an expansive backdrop of the city, a tangled network of smokestacks and machinery near a hillside cluster of large, cylindrical oil storage containers. Chevron Corporation’s Richmond Refinery was built more than a century ago. A few years ago, the oil company began making noise about how it was in need of an upgrade.

Weaving through a blue-collar residential area of Richmond in her sedan, Jessica Guadalupe Tovar recounted how Communities for a Better Environment (CBE), the nonprofit she works for, revealed that Chevron hadn’t told the whole story when it was petitioning for a permit to expand the refinery. The oil company’s long-term goals, CBE learned from a financial report, included gaining capability to process thicker crude that tends to be sourced from places like Canada’s Alberta tar sands.

“We call it dirty crude,” she said. “But it’s really dirtier crude.”

Converting thicker crude to fuel requires higher temperatures and pressures — and that translates to higher greenhouse-gas emissions and a heightened risk of flaring and fires.

The refinery expansion could have meant an air-quality situation going from bad to worse. Public health problems such as asthma and cancer have spurred campaigns led by the West County Toxics Coalition, CBE, and other environmental justice groups. Tovar explained how CBE orchestrated an air-monitoring program in 2006, collecting samples from 40 homes in Richmond and 10 in Bolinas as a point of comparison.

While trace amounts of chemicals from household cleaners were present in both, samples from the Richmond residences also contained the same toxic compounds that spew from Chevron’s refinery. “We found pollution known to come from the oil refinery settling inside people’s homes,” Tovar explained. “Once it’s trapped in your home, it starts to accumulate.”

Chevron won its expansion permit by a slim margin in 2008 with a city council dominated by officials who had reputations for being friendly to the oil giant. Yet environmental organizations filed suit, saying the environmental impact report (EIR) approval was based on was illegal because it failed to analyze the company’s likely plans for heavier crude processing. A Contra Costa County judge ruled in favor of the environmentalists, halting the expansion project in 2009. Chevron appealed, but the decision was upheld in 2010.

Stopping the expansion was a substantial victory, but environmental justice advocates remain wary of Chevron — particularly after the company attempted to blame job losses on the green coalition that filed suit. “Chevron pit workers against us,” Tovar noted. “And also started saying, ‘This is why environmental laws are bad for the economy.'”

 

GLOBAL TRADE, LOCAL FUMES

Each day, the Port of Oakland fills with trucks waiting to load up on goods shipped in from around the globe on massive cargo vessels. It’s a local symbol of a globalized economy. But for the West Oakland neighborhoods surrounding the port, the daily gathering of diesel rigs means an unhealthy infusion of particulate matter into the air.

A report issued by the East Bay Alliance for a Sustainable Economy (EBASE), the Pacific Institute, and the Coalition for Clean and Safe Ports found that West Oakland residents are exposed to particulate matter concentrations nearly three times higher than the regional average. Health studies have shown that asthma rates in West Oakland are five times higher than that of people living in the Oakland hills, and cancer risks are threefold compared to other Bay Area cities. For the truck drivers, the risk of cancer is significantly higher than average.

A state air-quality law that went into effect in early 2010 banned pre-1994, heavily polluting diesel trucks from the port, thanks in part to years of environmental campaigning that has publicized public-health impacts associated with the diesel pollution. Yet the new regulation brought an unintended consequence: for truck drivers who must purchase their own gas and pay for their own upgrades, the new rule was ruinous. A survey by the Public Welfare Foundation found that since the new environmental regulation went into effect, 25 percent of Oakland truck drivers had declared bankruptcy, been evicted, or faced foreclosure.

Retrofitting the trucks with new air filters is a five-figure prospect, while the cost of a new truck can clear $100,000. “At the end of the day … a lot of them will only take home about $25,000 a year,” explained EBASE spokesperson Nikki Bas. “It’s an immigrant workforce who are living in poverty.”

So the Coalition for Clean and Safe Ports, which pushed for tougher air-quality regulations, is now pressuring for a reform of the trucking industry to place the cost of clean upgrades onto powerful trucking companies instead of low-wage drivers. The coalition’s campaign has sought to link the needs of the drivers and the surrounding community, organizing rallies with blue-green signs bearing the motto “Good Jobs & Clean Air” to call for a change to the truckers’ employment classification from independent contractors to employees, which would shift the cost of compliance onto employers instead of drivers.

West Oakland isn’t the only East Bay area inflicted by excessive levels of diesel particulate matter from trucks entering the Port of Oakland. The fumes also affect East Oakland neighborhoods bisected by the big rigs’ primary thoroughfares. In addition to truck traffic and freeways, East Oakland is also the site of numerous hazardous-waste handlers and abandoned industrial sites.

Nehanda Imara, an organizer with CBE who also helped put together the Toxic Triangle Coalition forums, described how her organization recruited volunteers to count the number of trucks passing through a heavily traveled East Oakland strip as a way to quantify the source of particulate matter pollution. They reached a tally of around 11,700 over the course of 10 days.

Some progress has been made to limit the exposure of diesel pollution for East Oakland residents. The city is working on a comprehensive plan to assess trucking routes, and a campaign to limit truck idling is helping to limit unnecessary tailpipe emissions.

Yet youth hospitalizations for asthma in East Oakland are 150 percent to 200 percent higher than Alameda County taken as a whole, and an air-monitoring project in that area revealed high levels of particulate matter exceeding state and federal standards.

“That’s also an environmental injustice,” Imara said. “When the laws are there, but not being enforced.”

 

TOXIC SOUP

In San Francisco’s Bayview-Hunters Point neighborhood, environmental justice groups have spotlighted the toxic stew associated with the naval shipyard and other pollution sources for years. A 2004 report produced jointly by Greenaction for Health and Environmental Justice, the Bayview-Hunters Point Mothers Environmental Justice Committee, and the Huntersview Tenants Association outlined a “toxic inventory” of the area. The inventory depicts a more complicated web of toxic sources than the asbestos dust and naval shipyard cleanup that have been focal points of news coverage surrounding Lennar Corp.’s massive redevelopment plans for that neighborhood.

“Over half of the land in San Francisco that is zoned for industrial use is in Bayview-Hunters Point,” this report noted. “The neighborhood is home to one federal Superfund site, the Hunters Point Naval Shipyard … a sewage treatment plant that handles 80 percent of the city’s solid wastes, 100 brownfield sites [a brownfield is an abandoned, idled, or underused commercial facility where expansion or redevelopment is limited because of environmental contamination], 187 leaking underground fuel tanks, and more than 124 hazardous waste handlers regulated by the U.S. Environmental Protection Agency.”

The shipyard, meanwhile, has been the central focus of controversy surrounding plans to clean up and redevelop the area. People Organized to Win Employment Rights (POWER) and Greenaction are currently challenging the EIR for Lennar’s massive redevelopment plan for the neighborhood, charging that the study is inadequate because a cleanup effort on the part of the U.S. Navy has yet to determine the level of toxicity that will need to be addressed, so the assessment is based on incomplete information. Asthma is commonplace in the Bayview, and health surveys have shown that the rates of cervical and breast cancer are twice as high as other places in the Bay Area.

“Our environmental issues are massive still, and it’s not just Bayview- Hunters Point,” notes Marie Harrison, a long-time organizer for Greenaction and a Bayview resident.

Harrison recalled the many times she’d gotten out of bed in the middle of the night to drive a friend’s or neighbor’s asthmatic child to the hospital. “That story has repeated itself tenfold in Richmond and in Oakland,” she added. Nor is the problem simply limited to those Bay Area cities, she said, noting that communities of color throughout the Environmental Protection Agency’s Region 9 face similar issues.

As awareness about the scope of the problem has increased over the years, she said, “We start to say, my God, this triangle has to become a circle.”

 

Rent control is sticking point in Parkmerced debate

Sasha Cuttler And Mary Magee
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Rent control is sticking point in Parkmerced debate

After a marathon debate at the March 29 Board of Supervisors meeting lasting several hours, a vote to certify the environmental impact report (EIR) for the masssive Parkmerced overhaul was pushed back until May 24.

Sup. David Campos raised concerns about the plan, saying the outstanding issue for him was questions surrounding whether a provision of the development agreement guaranteeing preservation of rent control could be enforced. He said he did not feel supervisors could rule on the EIR without having that issue settled. Campos made the motion to continue, which was seconded by Sup. Sean Elsbernd and agreed upon unanimously.

“I have to say that for me, there is still a question that remains that has to do with the potential loss of rent control housing,” Campos said. “I understand that there are differences of opinion with respect to that issue, but I am still puzzled as to whether or not we have all the information that needs to be had to make an informed decision here. I think that something as important as this project requires that we have as much information as we can.”

Elsbernd, whose District 7 includes Parkmerced, raised concerns about the impact to residents of living in a long-term construction zone, but he said he was convinced that the project could help improve public transit and serve to limit congrestion on the western side of the city. “It’s one step backward to get two steps forward,” he said of the increase in roughly 6,000 parking spaces that would go along with the project. “The west side is dramatically underserved when it comes to public transit, and it’s only going to improve with a project like this.”

But Campos, who sparred with Elsbernd at many turns throughout the lengthy discussion, said it was hard to see how traffic along 19th Avenue would improve with the addition of so many more cars. “You’re talking about 9,450 parking spaces, plus 1,681 street parking spaces, so the total number is 11,131. … So I’m trying to understand how such a significant increase will actually help congestion, which is what was said earlier. How’s that something that will actually make things better, not worse?”

The Parkmerced investors

Jesse Hawthorne Ficks
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The Parkmerced investors

rebeccab@sfbg.com

Parkmerced is one of the largest rental properties west of the Mississippi, and with more than 1,500 rent-controlled units, it’s an important piece of the city’s affordable-housing stock. Among the residents who live in the neighborhood-scale apartment complex are seniors, young families, and working-class San Franciscans, some of whom have called it home for decades.

A plan for an extraordinary overhaul of the property envisions tearing down the existing low-rise apartments and nearly tripling the number of units with a construction project that could take up to 30 years. On March 29, after Guardian press time, the Board of Supervisors was scheduled to vote on whether to uphold the plan’s environmental impact report (EIR), a key milestone of the approval process.

The Planning Commission voted 4-3 to certify the EIR, and if the board followed suit by rejecting four different appeals filed against it, Parkmerced would be on track to clear final approval sometime in May.

San Francisco Tomorrow was among the groups that filed appeals against the Parkmerced plan. “They want to destroy a neighborhood without sufficient justification or mitigation,” said Jennifer Clary, the group’s president, citing concerns about traffic congestion, loss of an historic landscape, and the destruction of rent-controlled housing.

Julian Lagos, a resident of 18 years, filed an appeal on behalf of the Coalition to Save Parkmerced. “It’s a very blue-collar community, and they want to replace it with wall-to-wall luxury high-rise condos,” said Lagos, who lives in a unit that would be targeted for demolition under the development plan. “I call it ground zero,” he said. “And I tell my neighbors, ‘You’re living at ground zero.’ “

Mayoral development advisor Michael Yarne noted that most points highlighted in the EIR appeals had already been addressed, except one charging that there hadn’t been adequate consideration over whether a Pacific Gas & Electric Co. gas pipeline running underground near Parkmerced could be jeopardized by construction activity. “The answer to that is, that’s a really good question for PG&E,” Yarne said. But he asserted that it wasn’t a project EIR issue.

Elected officials’ reactions to the overall plan were mixed. Lagos noted that campaign filings showed that Sups. Carmen Chu and Sean Elsbernd had accepted donations from people related to the project, and he predicted that Board of Supervisors President David Chiu would be a swing vote on the issue. Chiu spent several hours touring Parkmerced the Friday before the vote. He did not return Guardian calls seeking comment.

A development agreement between the city and the developer, Parkmerced Investors LLC, promises that existing tenants will keep their rent control at the same monthly rates — even after the apartments they now reside in are razed to make way for new residential towers.

Such a plan typically wouldn’t fly under state law because the Costa-Hawkins Act prohibits a city from imposing rent control on newly constructed housing. Yet city officials, with input from the City Attorney’s Office, say they’ve constructed this deal so that it falls within one of the exceptions written into the state law, offering a legal defense in the event of a court challenge and a guarantee against affordable housing loss.

“The development agreement is like a constitution for land use,” said Yarne. “You can’t get rid of it.” If the project changed hands or the developer went bankrupt, the new owner would be bound by the same terms, Yarne said.

However, Mitchell Omerberg of the Affordable Housing Alliance cautioned that he didn’t believe there was any guarantee that rent-control housing qualified as an exception under Costa-Hawkins. “Like parking a semitruck in a motorcycle space, it’s a poor fit and a risky bet — even before you consider the antipathy to rent control of the California courts,” Omerberg wrote in an argument against the plan.

Tenants advocacy groups have pointed to recent court decisions negating affordable-housing agreements in development projects, saying the legal precedent makes the Parkmerced pact vulnerable to a court challenge. In response, Yarne said those cases had strengthened the city’s legal strategy for formulating the agreement to guard against such a challenge. “This agreement is actually greatly improved because of those cases,” he said.

Nevertheless, there’s a clear financial incentive for the developer to strip away the rent-control unit replacement and other valuable community benefits it is required to deliver under the terms of its agreement with the city. An independent analysis of the project’s financial plan found that if Parkmerced Investors LLC adheres to all the terms of the agreement as planned, its financial rate of return would be less than ideal.

Drafted by consultant CB Richard Ellis (CBRE) to provide an objective financial picture for the city, the report found that the developer’s estimated 17.8 percent rate of return was “slightly below the threshold required to attract the necessary private investment” because investors aim for at least 20 percent in this market. “This means that, based on current and reasonably foreseeable short-term market conditions, the project may not be economically feasible,” the report noted. It added a disclaimer saying that cash flow from rent payments could offset that risk.

That lower rate of return isn’t a cause for concern, Yarne said, but rather a sign of the city’s negotiating prowess, since “we’ve gotten as much as we can in terms of public benefits. That 17.8 percent rate of return shows that we’re probably at the max.”

At the same time, the financial analysis showed that the developer’s prospects improved under hypothetical “tested scenarios” where the expensive community benefits promised in the development agreement weren’t a factor. As part of the analysis, CBRE looked at how the numbers would change if the developer decided to build new market-rate units instead of replacing all the existing rent-controlled units, and found it would fetch a 19 percent rate of return. In a scenario where it stripped out additional costs such as a community garden and new transit line, the rate of return would jump to an eye-catching 23 percent.

But those scenarios are just a hypothetical way to arrive at conclusions about a project’s value, said consultant Mary Smitheran, who drafted the report. “The development agreement specifies that those items need to be provided,” she said.

City officials have given the impression that they’re nailing down a set of requirements that the developer, or any future property owner, cannot get out of. But the people behind this project are some savvy Wall Street investors who are no strangers to controversy.

Fortress Investment Group, a New York City-based hedge fund and private equity firm with directors hailing from Lehman Brothers and Goldman Sachs, gained a controlling interest in Parkmerced last year after Stellar Management couldn’t make the payment on its $550 million debt.

Stellar jointly purchased the property in 2005 with financial partner Rockpoint Group, setting up Parkmerced Investors LLC as the official ownership company. Stellar still manages the property, but Fortress has seized financial control. A recent report on the Commercial Real Estate Direct website noted that its $550 million debt had been modified recently with a five-year extension to 2016.

Fortress made headlines in 2009 after it stopped providing funds to Millennium Development Corp. for the Olympic Village project in Vancouver, British Columbia leaving the city on the hook for hundreds of millions to finish the job in time for the winter games. Meanwhile, Fortress CEO Daniel Mudd recently got formal notification from the U.S. Securities & Exchange Commission (SEC) that he could potentially face civil action relating to his former job as CEO of Fannie Mae, the government-backed mortgage giant, for allegedly providing misleading information about subprime loans.

Stellar, a New York City company run by real-estate tycoon Larry Gluck, was profiled in a 2009 Mother Jones article about Riverton Homes, a 1,230-unit Manhattan rental housing project built in a similar style to Parkmerced, which Stellar purchased in 2005. Although Stellar assured residents that their affordable rental payments would remain unaffected, hidden from view was its business plan estimating that half the tenants would be paying almost triple the rental rates by 2011. Since rents couldn’t ultimately be raised high enough to cover the debt payments, the complex went into foreclosure — but Stellar was shielded against loss because, on paper, Riverton was owned by a separate LLC.

Linh Le, a 36-year resident of Parkmerced and former Chevron employee, wrote to the Board of Supervisors in advance of the March 29 hearing to warn of the financial troubles the investors had experienced before.

“This project reflects a pipe dream that was hatched during an era of reckless spending, fake prosperity, and seemingly limitless money that has since crashed and nearly destroyed America,” he wrote. “The business model that Parkmerced based this plan on has failed and nearly ruined their enterprise. That era is over and the world has changed.”

Two East Bay rallies for clean energy

Sasha Cuttler And Mary Magee
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As a nuclear emergency continues to unfold in Japan, Bay Area grassroots organizations are trying to drum up support for incorporating clean energy into long-range local planning.

Communities for a Better Environment (CBE), the Asian Pacific Environmental Network, and other grassroots organizations have declared March 17 a “Green Day of Action,” and they’ll mark it with a rally before the City of Richmond’s Planning Commission meeting to call for a meaningful plan for reducing citywide greenhouse gas emissions.

Richmond’s Chevron oil refinery is one of the worst emitters of greenhouse gases statewide. The Richmond Planning Commission will hear public comment on a Draft Environmental Impact Report for the city’s General Plan, which includes a strategy to curb greenhouse gas emissions in coming years. Yet CBE’s Jessica Guadalupe Tovar noted that the city’s plan for a greener future doesn’t account for how it will limit industrial pollution.

According to a graph produced by CBE, industrial sources make up around 88 percent of the total annual greenhouse gas emissions generated in Richmond. The Chevron refinery is responsible for roughly 4.5 million tons of greenhouse gas emissions, out of a citywide total of just under 7 million tons. 

“They can’t ignore the elephant in the room,” Tovar said.

“Richmond is already plagued with preventable illnesses and diseases and residents cannot afford for the General Plan to overlook these serious environmental health hazards,” said Richmond resident Tiana Drisker, a member of CBE.

Meanwhile, on March 18, another rally for clean energy is planned outside Oakland City Hall from 4:30 to 6:30 p.m. Activists from Movement Generation are planning an anti-nuclear rally “to call on PG&E to not extend its nuclear energy production from its Diablo Canyon reactor, and on Oakland to ramp up clean energy alternatives.”

The rally will follow a day-long conference organized by Bay Localize and the Local Clean Energy Alliance to highlight Bay Area clean-energy efforts.

“This nuclear devastation in Japan must never happen in California, or anywhere else,” said Al Weinrub, conference coordinator. “Energy conservation and renewables are the safest forms of energy by far.”

SF health food stores selling out of potassium iodide **UPDATED**

Sasha Cuttler And Mary Magee
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27

***UPDATE***

OK, we’ve got some new information here, which is different from what the California Department of Public Health told us a little while ago: U.S. Surgeon General Regina Benjamin told media she supports the idea of buying potassium iodide as a “precaution.”

Here’s a quote from an NBC Bay Area news story: “Dr. Benjamin said although she wasn’t aware of people stocking up, she did not think that would be an overreaction. She said it was right to be prepared.”

Here’s the original story:

Evidently, folks in the Bay Area are worried that the ongoing nuclear problem in Japan could cause a health hazard in San Francisco, which lies about 5,000 miles across the Pacific Ocean from Japan’s damaged Fukushima Daiichi nuclear plant. We phoned several Whole Foods stores in San Francisco to find out if potassium iodide was flying off the shelves, and sure enough, it was the same story at every location.

“We’re all sold out,” one customer service representative said. “Too many people are asking me about this stuff,” said another. Three Whole Foods locations were out of the product, and a fourth didn’t carry it but was all out of kelp, which is also believed to protect the thyroid against radiation exposure.

Our rather unscientific poll seems to reflect the situation in other locations — several national news reports noted that drugstore sales of potassium iodide had increased dramatically.

Are people overreacting? Health officials seem to think so, particularly if they’re ingesting it. “Potassium iodide tablets are not recommended at this time,” said California Department of Public Health spokesperson Ken August. The United States Nuclear Regulatory Commission recently issued a statement indicating that at present, Japan’s nuclear emergency presents no risk to California. “Because there is no indication of any type of radiation exposure as a result of the nuclear power plant problem in Japan, people would be ill-advised to take potassium iodide,” August said.

According to the Centers for Disease Control, potassium iodide is a salt of stable (not radioactive) iodine, a chemical that the body uses to make thyroid hormones. If radioactive iodine is inhaled or ingested into the body following a nuclear emergency, the thyroid absorbs it, which can lead to serious health problems such as cancer in the long-term. Potassium iodide can block radioactive iodine from entering the thyroid, according to the CDC, but it cannot prevent radioactive material from entering the body.

August noted that taking potassium iodide could cause health problems for people with allergies to iodine or shellfish, or for people with thyroid problems. “They could have an undiagnosed health condition,” he added. The CDC also notes that taking it can cause side effects such as intestinal upset and rashes, and that it could pose risks to people with certain kinds of skin disorders. Ingesting very high dosages of the stuff can kill you, the CDC warns.

So there you have the risks. For people who are going to take it anyway, it’s probably a good idea to read up on it.

And if a worst-case scenario ever did come to pass? August said that evacuation was the first step that officials would take if there were a serious risk of radiation exposure, and he noted that opting to stay put and take potassium iodide in that scenario would increase health risks, since it only guards against injury to the thyroid gland. The state’s Department of Public Health website notes that California does keep a supply of potassium iodide tablets for emergencies — but only for the area around the San Onofre nuclear power plant in Southern California.

August said air monitoring is conducted in 10 locations throughout California to determine atmospheric levels of radiation, on a weekly basis. He said monitoring of food, water, and ambient radiation is also conducted, on a monthly basis.

Local efforts to help Japan

Sasha Cuttler And Mary Magee
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Local efforts to help Japan

Several prominent international charities are accepting donations for Japan’s earthquake relief efforts, but many local organizations have stepped up to the plate too. Here’s a roundup of Bay Area organizations we’ve found that have set up relief funds or are hosting benefits to help Japan in the aftermath of the devastating earthquake and tsunami.

Ebisu, one of San Francisco’s oldest Japanese restaurants, will donate some of its profits toward earthquake relief.

The Japanese Cultural and Community Center of Northern California has set up an earthquake relief fund.

The Japantown Merchants Association is accepting donations for earthquake relief at all area Union Bank locations, under the reference Japan Earthquake Relief Fund.

There is a benefit planned for April 13 for Japanese relief efforts featuring DJ Kentaro at Public Works in San Francisco, with all proceeds going to Global Givings Japan Earthquake and Tsunami relief fund.

The Japan Exchange & Teaching Program Alumni Association of Northern California (JETPAA) has set up a relief fund.

San Francisco-based Give2Asia has set up a Japan Earthquake & Tsunami fund.

Did we miss something? Please let us know.

Rec & Park begins HANC eviction before Board vote

Sasha Cuttler And Mary Magee
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25

Just as the Board of Supervisors was gearing up to vote at its Mar. 8 meeting on a resolution defending the Haight Ashbury Neighborhood Council (HANC) Recycling Center against eviction from Golden Gate Park, Sup. Ross Mirkarimi noted that the Recreation & Parks Department had already filed an unlawful detainer against HANC, the first legal move in an eviction process. “I think that only escalates the matter, in what I believe is an unprincipled way,” Mirkarimi said.

“It’s very unfortunate that we did have this unlawful detainer action being filed,” Sup. David Campos noted. “I am hopeful that the city reconsiders that action.”

Mirkarimi had originally drafted the resolution to urge Rec & Park to “rescind the eviction of the HANC Recycling Center from Golden Gate Park.”
Board President David Chiu made a move to amend Mirkarimi’s resolution, replacing the part about rescinding the eviction with some language calling for Rec & Park to “negotiate in good faith.” Mirkarimi’s resolution also requested the Rec & Park and the Department of the Environment to establish a “comprehensive Parks recycling program utilizing the expertise, volunteer base, and facilities of the HANC Recycling Center in Golden Gate Park.”

Mirkarimi stressed the need for the city to assist HANC in finding a new location, and questioned how the loss of the recycling service offered by HANC could possibly be replaced by vending machines in nearby grocery stores. “We’re going to have a people-traffic problem … I guarantee that that problem’s going to escalate exponentially,” Mirkarimi said.

Mirkarimi’s resolution passed 6-5, with Sups. Scott Wiener, Carmen Chu, Malia Cohen, Sean Elsbernd, and Mark Farrell dissenting. However, the District 5 supervisor acknowledged in his comments that Rec & Park is not accountable to the board, so the resolution may not have any effect on the outcome. “Let’s keep in mind, decisions by Rec & Park — it’s one of two commissions citywide whose decisions are not appealable by the Board of Supervisors,” Mirkarimi said. “They work as a parallel government.” As things stand, Rec & Park commissioners are appointed by the mayor. Alluding to a charter amendment that would have changed that governance to include Board of Supervisors’ appointees, Mirkarimi said, “I’m sure soon that that’s going to come back.”

Reached by phone, Rec & Park Policy and Public Affairs Director Sarah Ballard did not directly answer a question about why Rec & Park went ahead with the legal filings for HANC’s eviction before the Board had a chance to vote on Mirkarimi’s resolution. “We have plans to build a community garden at that site,” Ballard said. “And we’d like to get started.”

Eric Brooks, speaking on behalf of Our City, did not mince words during public comment. “This is an agency that is out of control, totally full of itself, and belligerent to the Board of Supervisors and toward the public when it comes to these issues,” Brooks said. “I think it’s really time for the Board of Supervisors to take strong action to democratize Rec & Park, to change the way that the Rec & Park Commission is constructed so that the Board has a majority of those selected — until this agency can show that it’s not a rogue agency.”

For safety’s sake

Jesse Hawthorne Ficks
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6
For safety’s sake

rebeccab@sfbg.com

A federal investigative hearing on the deadly Sept. 9, 2010 San Bruno explosion triggered by the rupture of a high-pressure Pacific Gas & Electric Co. pipeline was all about getting answers — but it has also sparked new questions.

For instance, why didn’t the San Bruno Fire Department have maps of the 30-inch gas line running beneath the neighborhood where the blast destroyed 37 homes and killed eight people? Why did PG&E’s records list that section of pipe as seamless when the federal investigation revealed that it actually consisted of shorter pieces of pipe, called pups, welded together? Why has PG&E been unable to produce records of close to 30 percent of its pipeline infrastructure, proving that the lines are in decent shape? And does the paperwork it has produced contain reliable information?

These shortcomings speak to a broader issue gaining attention as more fatal pipeline ruptures grab headlines. On a national scale, at least 59 percent of onshore gas transmission pipelines were installed before 1970, according to a report issued by the U.S. Department of Transportation’s Office of Pipeline Safety, making most of the infrastructure a minimum of four decades old.

Pipelines everywhere are getting older, and in some cases, weaker. Yet there tends to be a lack of awareness about the risks associated with the subsurface transport of hazardous materials, and as the San Bruno disaster demonstrated, there is often a lack of communication between utilities, local governments, and property owners about minimizing the risks.

These gaps are especially apparent in the process of approving new development projects. Tried-and-true systems are in place for indicating to contractors where they should and shouldn’t dig to avoid making direct contact with underground infrastructure, but that information seldom takes into account what condition a pipeline is in. The general assumption is that the pipeline operator (in this case, PG&E) is keeping up with maintenance, and that it’s safe to dig. Yet with the gaping questions surrounding PG&E’s infrastructure in the wake of the San Bruno blast, there’s a new level of uncertainty.

Pipeline safety isn’t just a problem for utilities and pipeline regulators to worry about, according to a report issued by Pipelines and Informed Planning Alliance (PIPA), an initiative led by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), which brought together more than 100 experts in the field. It should also be on local governments’ radar when they’re making decisions about land use. Yet in San Francisco, this level of awareness seems to be absent.

According to PIPA, “Changes in land use and new developments near transmission pipelines can create risks to communities and to the pipelines.” The hefty report contains an exhaustive set of best practices for planning near pipelines, many specifically targeting local governments. Priority No. 1 for local planning departments should be to “obtain mapping data for all transmission pipelines within their areas of jurisdiction … and show these pipelines on maps used for development planning.” The report also suggests taking special precautions in areas spanning 660 feet on either side of a gas-transmission pipeline; creating systems of communication so information can be readily shared between local governments, utilities, and landowners; and identifying emergency contacts who can halt dangerous excavation activities in case something goes wrong.

The Guardian sent e-mail queries to the Planning Department and Department of Building Inspection (DBI) to find out if the city was adhering to any of the practices recommended by PIPA as the best ways to ensure safe planning near pipelines. Reached by phone, a spokesperson from Planning told the Guardian, “DBI is where you need to call.”

But DBI spokesperson Bill Strawn said, “Those questions you were asking really don’t fall into the Department of Building Inspection’s jurisdiction.”

Strawn added that the issue of underground infrastructure is not really taken into account when building permits are issued. “We don’t go to the [Public Utilities Commission] or [Department of Public Works] or PG&E” for that kind of information, Strawn said. “That would be the responsibility of the property owner, and the plans they submit to us don’t include that kind of utility information.”

PG&E is scrambling to meet a March 15 deadline imposed by the California Public Utilities Commission to turn over records proving its lines are intact. Until it can prove the integrity of its system either on paper or through costly, high-pressure water testing, the condition of some lines is unknown. PG&E did not return calls for comment.

In San Francisco, a densely populated urban hub on an earthquake-prone peninsula where major development projects are being permitted all the time, these issues are particularly pressing. Charley Marsteller, former chair of San Francisco Common Cause, certainly thinks so.

Last December, Marsteller penned a letter to a well-respected geotechnical engineer, raising a question about pipeline safety in light of California Pacific Medical Center’s plans to construct a massive hospital at its Cathedral Hill site on Franklin Street. According to a map of underground gas lines published by the Guardian (See “PG&E’s Secret Pipeline Map,” 9/21/10) using several sources of data, a PG&E gas main appears to run beneath Franklin.

Marsteller was worried about whether excavation for CPMC — or other projects requiring excavation, or even simple contractor digging — could cause vibrations that could affect that pipe.

“As CPMC digs its 100-foot hole, and due to the massive construction vibrations, is there not a risk that the PG&E gas pipeline is at risk of rupture?” he wanted to know.

The engineer, who preferred not to have his name published, responded in an informal letter that “it is indeed possible that soil movement generated by excavation and/or foundation construction could rupture a deteriorated gas main.” He added that while he wasn’t familiar with the details of CPMC’s or other excavation projects on Franklin Street, he did know that the area in question “consists of relatively weak soil” underlain at depth by a geologic feature called the Franciscan Formation, made of sandstone and fine-grained, sedimentary rock.

Yet no one seems to be giving this question any kind of professional attention or study. Eerily, Marsteller seems to be the only person in San Francisco who’s asking what happens if a major excavation project is permitted nearby a corroded pipeline — and he says he hasn’t received much of a response from the “rather blistering memos” he’s fired off to planning commissioners and members of the Board of Supervisors to ask about it. “I’m very concerned that we’re not suspending contractor digging proximate to a pipeline,” Marsteller said, until PG&E can offer proof that the lines nearby excavation projects are in good shape. Whether these issues will ever be considered as part of the local planning process, Marsteller predicted: “The answer is, no one ever thinks about this.”

Excavation damage accounts for nearly one-quarter of pipeline “incidents” nationwide, according to the federal Office of Pipeline Safety report. Yet safeguards are in place to prevent these things from happening.

When the Guardian initially phoned the Planning Department to ask about digging near pipelines, the phone call was returned by the Department of Public Works. Anytime a street excavation project is planned, DPW’s Gloria Chan explained, a notice of intent is issued 120 days beforehand to PG&E, AT&T, the Public Utilities Commission, and any other stakeholders that might have something running underground. Projects are then designed to integrate existing lines. “Sometimes the information we get may be 40 years old,” Chan said. Through a mandated process called USA Service Alert, people go out to physically mark where the underground infrastructure begins and ends on the project site before a contractor starts breaking ground.

That same process occurs with private development projects, explained Alan Kropp, a geotechnical engineer with the firm Alan Kropp & Associates. Kropp said it’s left up to a private contractor to work out the technical details for digging, which are governed by a set of regulations. “If you’re one foot away or three feet away, most pipes don’t care,” Kropp said, but he acknowledged that if a pipe is deteriorated, there could be instances where digging a normally safe distance away could still pose a problem.

“Almost all the time, the system works well,” Kropp said. As for the condition of the pipe, Kropp said, that information generally doesn’t guide project decisions. “It’s really up to the owner of the pipeline,” he said. “They would be the ones in control of that information.”

Board to vote on resolution opposing HANC eviction

Sasha Cuttler And Mary Magee
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Last week, Mayor Ed Lee met for around 45 minutes with Ed Dunn and Jim Rhoads of the Haight Ashbury Neighborhood Council (HANC) Recycling Center, Melanie Nutter of the Department of the Environment, and some others who have been in discussions over HANC’s pending eviction from Golden Gate Park.

“The mayor wanted us to consider alternatives to the site we’re in,” Rhoads told the Guardian after the meeting. He noted that ideas had been floated about relocating HANC to a parcel owned by the Port of San Francisco in District 10, or creating a mobile recycling unit.

“He clearly had been lobbied hard by his own staff,” Rhoads said of Lee, referring to Rec & Park General Manager Phil Ginsburg and others in that department who recommended HANC’s removal from Golden Gate Park.

But HANC doesn’t want to relocate, and the organization has the support of several members of the Board of Supervisors. At today’s March 8 Board of Supervisors meeting, the board will vote on a resolution “requesting the Recreation and Parks Department to rescind the eviction of the HANC Recycling Center from Golden Gate Park,” sponsored by Sups. Ross Mirkarimi, John Avalos, Eric Mar, and David Campos. While the Board cannot compel the Recreation & Park department to reverse its decision, Lee does have that authority.

Meanwhile, HANC’s attorney, Robert DeVries, believes that the notice of termination issued by Rec & Park was improper under state tenant laws, and he issued a letter to the city last week stating as much. March 4, the date Rec & Park named as the termination of HANC’s lease, came and went without incident, and HANC is likely to file a lawsuit if the city moves to carry out an eviction.

Until that happens, “We’re just going to continue to operate,” Rhoads said, “for what period of time, I don’t know.”

Newsom’s fancy gift, trip to China

Sasha Cuttler And Mary Magee
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10
Newsom’s fancy gift, trip to China

The Chronicle’s got a story today about how Lt. Gov. Gavin Newsom’s personal investments and earnings, documented in an economic disclosure form released by the Fair Political Practices Commission (FPPC), make him a lot richer than his boss, Gov. Jerry Brown.

The form also discloses travel payments and gifts Newsom received in 2010, which makes for some interesting reading. For one, San Francisco’s former mayor evidently received a very expensive pen (made by Louis Vuitton and valued at $398) last year from this guy.

The most significant item in the travel and gifts category, of course, was Newsom’s trip to Shanghai last June, valued at $9,082 and paid for by the San Francisco-Shanghai Sister City Committee. He traveled there with former Mayor Willie Brown and some others for San Francisco week at Expo 2010 Shanghai China.

Evidently, it was a week filled with dancing, singing, and celebration. (And dressing to impress. Check out the creamy, eco-friendly suit Brown wore at this “dazzling” event.)

http://www.youtube.com/watch?v=NZ8rKho15dw

Since becoming lieutenant governor of California, Newsom has continued his efforts to improve business relations between China and San Francisco. Just have a look at his recent article in China Brief, a magazine published by the American Chamber of Commerce in the People’s Republic of China (AmCham-China).

In the article, penned in late January of 2011, Newsom wrote:

“China’s central government stresses the importance of developing their innovation industry sectors–including clean-tech, biotech and information technology (IT)—and is projected to commit over $600 million of government funds to support this development. This overlaps with San Francisco’s core industry sectors. With over 500 tech and new media companies (including leaders such as Salesforce.com, Zynga and Twitter), more than 225 clean-tech companies and a worldclass biotech hub (anchored by the University of California San Francisco), San Francisco brings together internationally-recognized leadership in each of these sectors.”

Meanwhile, a few items on that economic disclosure form suggest that what’s good for business in China is also good for Newsom. His wife’s investment portfolio, the Jennifer Siebel Newsom Trust, includes stocks ranging from $10,001 to $100,000 each in China Valves Technology, a for-profit, “e-learning services provider” called  Chinacast, and a Chinese motor manufacturer called Harbin Electric.

Sorry, Chuck, it’s not over yet

Sasha Cuttler And Mary Magee
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A Saturday editorial by the Chronicle’s C.W. (Chuck) Nevius suggested that the Haight Ashbury Neighborhood Council (HANC) Recycling Center would face final closure this coming Friday, March 4, because the Recreation & Park Department had issued a notice stating that the lease would be terminated on that date.

“There are rumors that recycling director Ed Dunn might channel his spirit of the Haight in the ’60s and chain himself to the fence in protest,” Nevius wrote in a derisive column which ended with the phrase: “But this is over.” These fighting words inspired HANC to issue a press release of its own, announcing it was in need of thousands of feet of chain for a possible March 4 showdown. But that, apparently, was meant to be tongue-in-cheek. It’s now sounding as if there won’t be much happening at the recycling center that day at all, except maybe some recycling, native plant sales, and compost turning.

There will be more to report on this subject soon, including new legal questions surrounding the eviction. But for now, the Guardian has received word from the San Francisco Sheriff’s Department that the Sheriff has no plans to carry out a HANC eviction on March 4.

“We will not be involved in any way until we get a valid court order,” explained Sheriff spokesperson Eileen Hirst. “We’ve heard nothing ordering us to carry out an eviction,” she said.

Generally, Hirst added, the Sheriff’s department only carries out evictions on Wednesdays, covering half the city’s territory at a time. The department typically posts a notice before going through with an eviction.

Tasers vs. talk

Jesse Hawthorne Ficks
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1
Tasers vs. talk

rebeccab@sfbg.com

At a Feb. 23 Police Commission hearing, San Francisco interim Police Chief Jeff Godown told the civilian oversight board he wanted to investigate Tasers as a less-lethal weapon for San Francisco Police Department (SFPD) officers. Speaking to a room crammed full of community advocates who had turned out to rail against the idea, Godown seemed to try to preemptively address a concern that opponents were sure to raise during public comment.

“This is not about mental illness,” the chief said. Along with police commissioners who favored the Taser proposal, Godown drove that point home several more times throughout the evening, stressing that Tasers were not being sought as a law enforcement tool for dealing with violent, mentally ill individuals. Nevertheless, he said situations could potentially arise in which the stun guns would be used against the mentally ill, if officers were authorized to carry the devices.

At the end of a marathon meeting, SFPD won approval to spend 90 days investigating Tasers and other less-lethal weapons as possible additions to the police arsenal, which now includes pepper spray and batons as well as firearms. Advocates raised concerns ranging from misuse of the devices to accidental deaths caused by Tasers to documented overuse of the weapons in communities of color. The SFPD, meanwhile, emphasized that it saw Tasers as a way to improve officer safety while limiting the use of lethal force.

 

SHOOTING THE MENTALLY ILL

Throughout the discussion, concern about the use of Tasers as a tool against the mentally ill persisted despite the chief’s assurances. “Like it or not, these issues are intertwined,” said American Civil Liberties Union (ACLU) Police Practices Director Allen Hopper. He referenced comments made by former Police Chief George Gascón, who now serves as district attorney.

On Jan. 4, SFPD officers fired twice at Randal Dunklin, a wheelchair-bound, mentally ill man who was brandishing a knife outside the city’s Department of Public Health building. Dunklin allegedly stabbed an officer and suffered a nonfatal gunshot wound to the groin after he had tossed the knife. In press comments delivered in the aftermath, Gascón said the situation illustrated why the SFPD ought to carry Tasers.

“Not only was that not an appropriate circumstance for the use of a Taser, there were so many things wrong with the way police handled that situation,” Hopper said, referencing a YouTube video of the shooting that served to highlight key differences between the official police account and the events caught on tape.

Dunklin was the third person in recent months to be shot in an altercation with officers. Vinh Bui, who was 46, was fatally shot in Visitacion Valley in late December 2010. Michael Lee, who was 43, was fatally shot in a residential hotel in the Tenderloin a few months earlier. Both had a history of mental illness.

Police Commissioner Angela Chan told the Guardian that in light of these tragedies, she became concerned that the first commission meeting of the year initially featured a discussion about Tasers.

“I thought, this does not make any sense,” Chan said, because commissioners hadn’t yet looked at creating a specialized police unit for dealing with psychiatric crisis calls, a move she’d urged the department to consider. The commission schedule was rearranged to reflect her concern, and Chan rushed to book experts for a detailed presentation about crisis intervention training (CIT). In a unanimous vote at the Feb. 9 meeting, the police commission approved implementation of CIT.

The specialized policing technique is patterned after the so-called Memphis model, which originated in Tennessee in 1988 in the wake of a public outcry that arose when white officers gunned down an African American man with a history of mental illness.

Memphis model policing emphasizes de-escalation, which is quite different from the everyday command-and-control method cops are trained to use against suspects. Under this model, officers are taught to consider things such as the tone of voice they are using to communicate with the mentally ill person, the distance they are standing from them, and how the individual might respond to their behavior. Whenever it’s safe to do so, officers are encouraged to allow the mentally ill person the time they need to calm down.

Samara Marion, an attorney and policy analyst with the Office of Citizen Complaints, traveled to Memphis to witness CIT officers on duty. “I was absolutely impressed,” Marion said. “It is community policing at its best.”

CIT has been credited with a dramatic reduction in officer-involved shootings against the mentally ill in Memphis. Randolph Dupont, a clinical psychologist and professor at the Memphis-based School of Urban Affairs and Public Policy, told the Guardian that studies had shown mentally ill people who dealt with CIT officers were more likely to be in treatment three months later than those arrested by non-CIT officers. “Mental health is a community issue,” he said. “You don’t want it to be a police issue to resolve.”

In San Francisco, the program envisions training about 20 percent of the police force to create an elite unit of CIT officers, selecting those who are more experienced and have better track records in dealing with the public. Once in place, 911 dispatchers would alert CIT when SFPD receives calls involving psychiatric crises. On arriving to the scene, a CIT officer would be responsible for taking charge of the situation and directing other officers.

This is the second time an attempt was made to move forward with crisis intervention in San Francisco. In 2001, the department implemented generalized crisis training to all officers instead of intensive training for a specialized unit. However, that low-level effort was canceled last year due to budget cuts.

While CIT won resounding support from the community, the Feb. 23 discussion about Tasers drew tremendous opposition, with around 50 advocates speaking out against the plan. Hopper’s criticism, echoed by several mental-health providers, was that SFPD’s campaign for Tasers sent a mixed message and threatened to overshadow the CIT effort by seeking a quick fix based on a tool instead of a tactic. And rather than moving toward the goal of de-escalation set by CIT, Hopper said, the use of Tasers could exacerbate a situation instead, making it more dangerous for everyone involved.

“The Police Department — we think to its credit — has recognized that [addressing] mental health issues is a departmental priority,” Hopper said. “We think it’s putting the cart before the horse to give police Tasers before they put that plan into effect.”

A mental-health advocate who said she is “living the Kafkaesque world of a family dealing with mental illness” urged the commission to hold off on talking about Tasers until after CIT had been implemented, saying the two were closely connected.

“If you vote to purchase Tasers, you’re undercutting the message that they need to learn de-escalation,” another mental-health advocate noted.

Yet Marion said she thought adequate time was being allotted to study less-lethal weapons, and did not think this would undercut the CIT effort. “As long as the department continues to be motivated and engaged, I don’t see it being a problem,” she said.

Chan told the Guardian that the day after the Feb. 23 commission hearing, Godown phoned her to say he remained committed to CIT. Although she voted to allow police to move forward with investigating Tasers, Chan said her final support would depend on the success of CIT.

“If CIT is not doing well … I am going to be strongly opposed to any adoption of any pilot program,” Chan said. “I do prioritize one above the other.”

 

DEATH BY TASER?

A Taser is an electroshock weapon that can administer 50,000 volts through two small probes, disrupting the central nervous system and bringing on neuromuscular incapacitation.

While Taser proponent Chuck Wexler, a researcher who spoke at the hearing, emphasized that Tasers “are for saving lives,” studies have shown that the risk of death or serious injury increases under certain circumstances. Someone who is Tasered while fleeing police can suffer serious injuries if they can’t break their fall. There are dangerous implications for people whose heart rate is accelerated due to cocaine or methamphetamine, and as the Memphis Police Department learned many years ago, Tasers don’t mix with flammable substances, like an alcohol-based pepper spray that has since been discontinued.

“Lots of times it’s not about the product itself, it’s about … risk factors,” said Maj. Sam Cochran, who worked with Dupont in Memphis to create CIT. “Under some circumstances, things can happen very fast.”

Safety concerns are heightened when it comes to the mentally ill. It’s common for people experiencing psychiatric episodes to behave violently, speak incoherently, and ignore commands, creating the kind of scenario where law enforcement would likely opt to deploy a Taser. According to an extensive research inquiry on Tasers published by the Braidwood Commission on Conducted Energy Weapon Use, Tasers can be especially dangerous when used against people who are delirious.

“First responders should be aware of the medical risks associated with physically restraining a delirious subject or deploying a conducted energy weapon against them,” according to Dr. Shaohua Lu, who is quoted in the study. “They likely have profound exhaustion and electrolyte changes before delirium kicks in. At that stage, any additional insult (e.g., struggling or fighting) can lead to the body just giving out, resulting in cardiac arrest and death.”

Since 2004, when the city of San Jose first equipped officers with Tasers, seven people have died following police Taser deployments. At least one was mentally ill.

MaryKate Connor, a mental-health provider who founded the now-defunct Caduceus Outreach Services, told the Guardian she didn’t think the police officers could separate the issues of less-lethal weapons and tactics for handling the mentally ill. “The promise of the CIT program, whether the police want to acknowledge it or not, is that this is a huge cultural shift,” she said. “It’s not about finding a new weapon. It’s about finding a less lethal way to respond, period.”

Joyce Hicks, director of the Office of Citizen Complaints, sounded a similar note during the hearing. “No weapon can substitute for sound tactics,” Hicks said.

Messages to the next police chief

Sasha Cuttler And Mary Magee
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While researching Tasers in the wake of last week’s police commission hearing, I came upon an online series published while the city of San Jose was considering candidates for police chief. Created by Silicon Valley De-Bug as part of an effort with San Jose’s Coalition for Justice and Accountability, the project featured the messages of people who wished to share their personal stories with the next top cop. Each week leading up to the selection of the new chief, the group posted another “Message to the Next Police Chief.”

One video featured Art Calderon, whose 68-year old father was beaten by San Jose police, addressing how officers could improve their relationship with the Latino community. A young homeless person weighed in on their interactions with the police. Another contributor wrote that he was bipolar and wanted the next chief to train officers to be sensitive to people with mental-health issues, since he was slammed against a squad car once while delusional.

Raj Jayadev, director of Silicon Valley De-Bug, told the Guardian that the project also included surveying 3,000 community members in three different languages, and organizing seven community forums to generate input from communities of color on what qualities and characteristics they hoped to see in the next chief. When the former chief retired, “We knew for sure that we were standing at this really historic moment,” Jayadev said. “We wanted to get as much community input as possible.” The coalition was motivated to improve relations between police and communities of color in San Jose amid a history of fatal officer-involved shootings, accidental deaths following deployment of Tasers, and disturbing accounts of excessive use of force, particularly against young people of color.

The group focused their questions on three “hot-button issues,” Jayadev said, including use of force, racial profiling, and concern surrounding police cooperation with federal immigration authorities. Based on a review of the survey responses, the coalition generated a list of six tenets they hoped would guide the selection process for the new police chief.

San Jose Police Chief Chris Moore, who was sworn in last week, wasn’t DeBug’s first choice, Jayadev said. However, Moore has met with the Coalition for Justice and Accountability and plans to sit down with them a second time. Although the community lacked decision-making power, Jayadev noted, thanks to De-Bug’s project “there’s going to be clarity on what the community wants.”

Meanwhile, San Francisco is undergoing its own process of selecting a new police chief, and the San Francisco Police Commission is expected to submit the names of up to three applicants to Mayor Ed Lee by March 15. The process is overshadowed by the mayor’s race, since a newly elected mayor could opt to initiate a new candidate search if he or she isn’t satisfied with Lee’s pick.

That uncertainty hasn’t discouraged the 75 hopefuls who reportedly submitted applications. Police Commission Secretary Lt. Tim Falvey told the Guardian that the number of candidates under consideration was recently whittled down to 25, but he declined to say how many candidates were to be interviewed by commissioners. Nor would he say when the interviews were taking place, or where they were being held.

Meanwhile, the San Francisco Police Commission held three community meetings in February to garner community input on the selection of the next chief, with three commissioners present at each forum. Asked if there were any notes, recordings, or other documentation of those meetings available, Falvey said nothing like that was required since they weren’t official commission meetings. “I don’t know if [commissioners] just took mental notes, or maybe they took notes for themselves, but that’s not something I have here,” he said.

Falvey said the turnout ranged from 25 to 45 people at the three meetings, which were held at the United Irish Cultural Center on 45th Avenue, the Southeast Community Facility in the Bayview, and the San Francisco LGBT Center in the Castro. “A lot of people wanted a track record in community policing,” Falvey noted when asked what points came up repeatedly during the community forums. Another common issue was improved relations with the nightlife and entertainment industry, he said.

At the end of the day, the choice lies with the police commissioners — four of whom were appointees of former Mayor Gavin Newsom — and of course, Mayor Lee.

Falvey said that candidates had expressed concern that they did not want their names publicized, and that every effort was being made to keep the applicants’ identities secret until Mayor Lee makes his final announcement.

What do San Francisco community members want in a new police chief? And in the end, how much will their opinions matter?

Taser proposal will move forward

Sasha Cuttler And Mary Magee
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Following a hearing at the San Francisco Police Commission that stretched late into the night, the seven-member panel voted 6 to 1 to authorize the San Francisco Police Department to develop a proposal for implementing Tasers or other less-lethal weapons.

Representatives from immigrant advocacy groups, communities of color, queer and transgender communities, mental-health professional organizations, and civil-rights watchdog groups turned out en masse to voice opposition to the plan. Out of around 50 speakers, just one spoke in favor of adopting Tasers.

As the discussion wore on, commissioners revised the resolution again and again. Interim Police Chief Jeff Godown had initially requested permission to draft a proposal in 30 days; it was extended to 90. Instead of researching the feasibility of Tasers alone, commissioners said the SFPD should look into other less-lethal weapons as possible alternatives. Another amendment prioritized outreach to marginalized communities.

Commissioner Petra DeJesus cast the lone vote of dissent, saying, “No matter how you dress it up, it’s a soft-pitch way to authorize Tasers.” DeJesus voiced concerns about how the departmental budget would be impacted. She also noted, “They’re being used more in the minority community, and that’s the community we’re trying to build trust with.”

Commissioner Angela Chan invited a series of guests to testify about concerns surrounding Tasers. Among them was Attorney John Burris, who has sued police departments over misuse of Tasers; a University of California Berkeley professor who gave a detailed presentation about Tasers and cardiac arrest; and Allen Hopper of the American Civil Liberties Union, who presented a video clip showing outrageous instances of Taser use. At the end of the night, however, Chan was persuaded to go along with the proposal.

Chan later told the Guardian that she supported the resolution because the timeline had been lengthened, which allowed for greater community outreach, and because the discussion had been broadened to include discussion about less-lethal weapons other than Tasers. Also, Chan noted that her suggestion for the force to review their use-of-force tactics as part of moving forward with the program was integrated into the resolution.

Several members of the San Francisco police force told horror stories about situations in which they said they could have used Tasers. A Mission Station officer suffered an attack by a Nortenos gang member in Garfield Park, and feared for his life until backup arrived. A Tenderloin Station officer was thrown into a store window after responding to a call about a trespasser. Just before it happened, “I was reaching for my firearm, and I was going to shoot him,” the officer said.

During the hearing, Chief Godown asked all SFPD officers to stand. He announced, “Everybody that’s in this room are my kids. I’m passionate about making sure they don’t get hurt.” Following a role-playing scenario in which a person waved a knife at an officer, Godown said that without a Taser, “That officer would have had no other option but to shoot that man.”

Equally disturbing, however, were stories about Taser deployments gone wrong. There was the petite African American woman who was at a drugstore buying candy when police attacked and Tasered her because they mistook her for a shoplifter. There was the Virginia couple that was hosting a backyard baptism celebration when police responded to a noise complaint and Tasered them both; the woman was pregnant, and could have suffered a miscarriage due to the electric charge. There was the 17-year-old grocery store clerk who suffered a heart attack and died after police Tasered him — the whole thing started with his employer’s complaint that he was eating a hot pocket he didn’t pay for. Then there was the man who was Tasered during a traffic stop by cops who thought he was drunk. In reality, he was in diabetic shock.

Mayor Ed Lee’s Deputy Chief of Staff, Cristine DeBerry, made an appearance to say Lee was in support of the department’s proposal to move forward with investigating the use of Tasers.

Sheriff Mike Hennessey also offered comments, saying Tasers have been an effective tool in San Francisco jails, yet are rarely used.

Community members, meanwhile, raised a slew of concerns. They highlighted pending budget cuts and asked how these new and expensive instruments could possibly be paid for. They questioned the erosion of trust between police and the public, particularly in communities of color, where Taser use tends to be disproportionately high. Many people, particularly from the mental health community, voiced concerns about accidental deaths due to Taser use.

“I’m a great-grandma with a heart murmur,” said Terrrie Frye, “and I wonder if the police will be able to recognize that when we’re all protesting the budget cuts that will result from these Tasers.”

*This post has been updated from an earlier version.

Delta fish may not be “too far gone” after all

Sasha Cuttler And Mary Magee
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Delta fish may not be “too far gone” after all

The San Francisco Chronicle had this dire environmental pronouncement on its front page last week: “Delta fish may be too far gone to save, plan hints.”

Summarizing a report released by the Delta Stewardship Council, the article suggested that California’s salmon and Delta smelt — a delicate creature that’s sort of an aquatic equivalent to a canary in a coal mine — might be going the way of the dodo due to longterm environmental impacts. Even worse, it didn’t sound as if there was anything conservationists, state agencies, nor anyone else could do about it.

Aside from being downright depressing, that narrative sounded a little, er, fishy. No one disputes that the Delta has been dramatically impacted by environmental problems, and concerns about diminishing fish populations are well founded. Fights over pumping freshwater out of the Delta have been dragging on for years, pitting environmentalists and commercial fishermen against powerful water districts in arid regions.


But the notion that there’s no longer any point in trying to save these Delta fish seemed hard to swallow. To take a cynical view, it would be rather convenient for certain powerful interests if the time, money, and water dedicated toward saving the salmon and smelt were freed up for other purposes.

Not being experts ourselves, however, we phoned Zeke Grader, who really knows his fish. Grader is the executive director of the Pacific Coast Federation of Fisherman’s Associations, a San Francisco-based trade association that represents commercial fishermen from Alaska to San Diego. Grader told us he was unwilling to accept the idea that it’s too late to save the salmon and the smelt.

“There may be some species … that are so far gone that it’s going to be impossible to save them, but I don’t think that’s the case with the salmon,” he said.

For once, Grader had some good news about the dramatically impacted salmon population. “This year, we had returns for the first time in 60 years upstream of the San Joaquin, now that we’ve got water back in it,” he said, referring to federally mandated increases in freshwater pumping into the Delta in recent years. “That clearly shows that after a couple years of restoring fish flows to it, that we’re getting fish back. That’s very encouraging, and we still have a lot to do, but I think we are going to be able to save the salmon.”

It might not be too late for the smelt, either, in Grader’s view. “I think we can save the Delta smelt. I think what was being said in the Delta Stewardship Council report has been either misinterpreted or misreported, because that’s simply not the case,” he added. “Maybe this is something that the water guys would like to create that myth, that well, we can’t restore, therefore don’t protect them — which is utter nonsense.”

Grader attributed the improvements to programs that truck fish around the Delta in an effort to avoid water pumps, which can fatally impact salmon, as well as increased freshwater flows.

He added that he didn’t see how the Delta Stewardship Council could proceed with a plan working with the assumption that extinction of certain species is inevitable. “Unless they just decided to ignore the Clean Water Act, ignore the Endangered Species Act, ignore … all of our water laws, I don’t see why there’s any reason that we can’t recover a lot of these,” he said.

Meet the new boss

Jesse Hawthorne Ficks
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Meet the new boss

news@sfbg.com

The Guardian hasn’t been invited into City Hall’s Room 200 for a long time. Former Mayor Gavin Newsom, who frequently criticized this newspaper in his public statements, had a tendency to freeze out his critics, adopting a supercilious and vinegary attitude toward any members of the press who questioned his policy decisions. So it was almost surreal when a smiling Mayor Ed Lee cordially welcomed two Guardian reporters into his stately office Feb. 15.

Lee says he plans to open his office to a broader cross-section of the community, a move he described as a way of including those who previously felt left out. Other changes have come, too. He’s replaced Newsom’s press secretary, Tony Winnicker, with Christine Falvey, former communications director at the Department of Public Works (DPW). He’s filled the Mayor’s Office with greenery, including giant tropical plants that exude a calming green aura, in stark contrast to Newsom — whose own Room 200 was sterile and self-aggrandizing, including a portrait of Robert Kennedy, in whose footsteps Newsom repeatedly claimed to walk.

When it comes to policy issues, however, some expect to see little more than business-as-usual in the Mayor’s Office. Democratic Party chair Aaron Peskin, a progressive stalwart, said he sees no substantive changes between the new mayor and his predecessor. “It seems to me that the new administration is carrying forward the policies of the former administration,” Peskin said. “I see no demonstrable change. And that makes sense. Lee was Willie Brown and former Mayor Gavin Newsom’s handpicked successor. So he’s dancing with the guys that brought him in.”

Sup. David Campos, viewed as part of the city’s progressive camp along with Peskin, took a more diplomatic tack. “So far I’ve been very pleased with what I’ve seen,” Campos noted. “I really appreciate that he’s reached out to the community-based organizations and come out to my district and done merchant walks. I think we have to wait to see what he does on specific policy issues.”

But while Lee has already garnered a reputation for being stylistically worlds apart from Newsom, he still hews close to his predecessor’s policies in some key areas. In our interview, Lee expressed an unwillingness to consider tax-revenue measures for now, but said he was willing to take condo conversions into consideration as a way to bring in cash. He was unenthusiastic about community choice aggregation and dismissive of replacing Pacific Gas & Electric Co. with a public-power system. He hasn’t committed to overturning the pending eviction of the Haight Ashbury Neighborhood Council’s recycling center, and he continued to argue for expanding Recology’s monopoly on the city’s $206 million annual trash stream, despite a recent Budget and Legislative Analyst’ report that recommended putting the issue to the voters.

Public Defender Jeff Adachi, who met Lee in 1980 through the Asian Law Caucus, said Lee would be facing steep challenges. “It’s a fascinating political karmic outcome that he is now our appointed mayor. He didn’t seek it out, as he says, but the opportunity he has now is to focus his efforts on fixing some of the problems that have gone unaddressed for decades, pension reform being one of them. I think he realizes he has a limited time to achieve things of value. The question I and others have is, can he do it?”

 

THE RELUCTANT MAYOR

Lee identified as a non-politician, patently rejecting the notion that he would enter the race for mayor. In meetings with members of the Board of Supervisors at the end of 2010, he said he didn’t want the job.

Yet while vacationing in Hong Kong, Lee became the subject of a full-court press. “When the lobbying and phone calls started … clearly they meant a lot to me,” Lee told us, adding that the choice “was very heavy on my mind.” He finally relented, accepting the city’s top post.

Although rumors had been circulating that Lee might seek a full term, he told the Guardian he’s serious about serving as a caretaker mayor. “If I’m going to thrust all my energy into this, I don’t need to have to deal with … a campaign to run for mayor.”

Adachi offered an interesting take on Lee as caretaker: “Somewhere along the way, [Lee] became known as the go-to guy in government who could take care of problems,” Adachi said, “like the Wolf in Pulp Fiction.”

Sounding rather unlike Harvey Keitel’s tough-talking character, Lee noted, “One of my goals is to rebuild the trust between the Mayor’s Office and the Board of Supervisors. I think I can do that by being consistent with the promises I make.”

Lee’s vows to keep his promises, mend rifts with the board, and stay focused on the job could be interpreted as statements intended to set him apart from Newsom, who was frequently criticized for being disengaged during his runs for higher office, provoking skirmishes with the board, and going back on his word.

The new mayor also said he’d be willing to share his working calendar with the public, something Newsom resisted for years. Kimo Crossman, a sunshine advocate who was part of a group that began submitting requests for Newsom’s calendar in 2006, greeted this news with a wait-and-see attitude. “I’ve already put in a request,” Crossman said. “Politicians are always in support of sunshine — until they have to comply with it.”

 

THE ELEPHANT IN THE ROOM

Pointing to the tropical elephant-ear plants adorning his office, Lee noted that elephants are considered lucky in Chinese culture. With the monstrous issues of pension reform and a gaping budget deficit hitting his mayoral term like twin tornadoes, it might not hurt to have some extra luck.

Pension reform is emerging as the issue du jour in City Hall. A round of talks on how to turn the tide on rising pension costs has brought labor representatives, Sup. Sean Elsbernd, billionaire Warren Hellman, City Attorney Dennis Herrera, labor leaders, and others to the table as part of a working group.

Gabriel Haaland, who works for SEIU Local 1021, sounded a positive note on Lee. “He’s an extraordinarily knowledgeable guy about government. He seems to have a very collaborative working style and approach to problem-solving, and he is respectful of differing opinions,” Haaland said. “Where is it going to take us? I don’t know yet.”

Lee emphasized his desire to bring many stakeholders together to facilitate agreement. “We’re talking about everything from limiting pensionable salaries, to fixing loopholes, to dealing with what kinds of plans we can afford in the health care arena,” he noted. Lee said the group had hashed out 15 proposals so far, which will be vetted by the Controller’s Office.

A central focus, Lee said, has been “whether we’ve come to a time to recognize that we have to cap pensions.” That could mean capping a pension itself, he said, or limiting how much of an employee’s salary can be counted toward his or her pension.

Since Lee plans to resume his post as city administrator once his mayoral term has ended, he added a personal note: “I want to go back to my old job, do that for five years, and have a pension that is respectable,” he said. “At the same time, I feel others who’ve worked with me deserve a pension. I don’t want it threatened by the instability we’re headed toward and the insolvency we’re headed toward.”

 

BRACING FOR THE BUDGET

If pension reform is shaping up to be the No. 1 challenge of Lee’s administration, tackling the city budget is a close second. When Newsom left office, he passed Lee a budget memo containing instructions for a 2.5 percent reduction in most city departments, part of an overarching plan to shave 10 percent from all departments plus another 10 percent in contingency cuts, making for a bruising 20 percent.

Lee said his budget strategy is to try to avert what Sup. David Chiu once characterized as “the typical Kabuki-style budget process” that has pitted progressives against the mayor in years past. That means sitting down with stakeholders early.

“I have opened the door of this office to a number of community groups that had expressed a lot of historical frustration in not being able to express to the mayor what they feel the priorities of their communities are,” Lee said. “I’ve done that in conjunction with members of the Board of Supervisors, who also felt that they weren’t involved from the beginning.”

Affordable-housing advocate Calvin Welch said Lee’s style is a dramatic change. “I think he’s probably equaled the total number of people he’s met in six weeks with the number that Newsom met in his seven years as mayor,” Welch said.

Sup. Carmen Chu, recently installed as chair of the Budget & Finance Committee, predicted that the budget will still be hard to balance. “We are still grappling with a $380 million deficit,” Chu told us, noting that there are some positive economic signs ahead, but no reason to expect a dramatic improvement. “We’re been told that there is $14 million in better news. But we still have the state budget to contend with, and who knows what that will look like.”

Sup. John Avalos, the former chair of the Board’s powerful Budget Committee, said he thinks the rubber hasn’t hit the road yet on painful budget decisions that seem inevitable this year — and the outcome, he said, could spell a crashing halt to Ed Lee’s current honeymoon as mayor.

“We are facing incredible challenges,” Avalos said, noting that he heard that labor does not intend to open up its contracts, which were approved in 2010 for a two-year period. And federal stimulus money has run out.

 

DID SOMEONE SAY “CONDO CONVERSIONS”?

Asked whether he supported new revenue measures as a way to fill the budget gap, Lee initially gave an answer that seemed to echo Newsom’s inflexible no-new-taxes stance. “I’m not ready to look at taxes yet,” he said.

He also invoked an idea that Newsom proposed during the last budget cycle, which progressives bitterly opposed. In a conversation with community-based organizations about “unpopular revenue-generating ideas,” Lee cautioned attendees that “within the category of unpopular revenue-generating ideas are also some that would be very unpopular to you as well.”

Asked to explain, Lee answered: “Could be condo conversion. Could be taxes. I’m not isolating any one of them, but they are in the category of very unpopular revenue-generating ideas, and they have to be carefully thought out before we determine that they would be that seriously weighed.”

Ted Gullicksen, who runs the San Francisco Tenants Union, said tenant advocates have scheduled a meeting with Lee to talk about condo conversions. Thanks to Prop. 26’s passage in November 2010, he said, any such proposal would have to be approved by two-thirds of the board or the voters. “It’s pretty clear that any such measure would not move forward without support from all sides,” Gullicksen said. “If anyone opposes it, it’s going to go nowhere.”

Gullicksen said he’d heard that Lee is willing to look at the possibility of significant concessions to renter groups in an effort to broker a condo conversion deal, such as a moratorium on future condo conversions. “If, for example, 1,000 TICs [tenants-in-common] became condos under the proposal, then we’d need a moratorium for five years to minimize and mitigate the damages,” Gullicksen explained.

More important, some structural reform of TIC conversions may be on the table, Gullicksen said. “And that would be more important than keeping existing TICs from becoming condos.”

Gullicksen acknowledged that Lee has the decency to talk to all the stakeholders. “Newsom never attempted to talk to tenants advocates,” he said.

 

GREEN, WITHIN LIMITS

Lee’s two children are in their early 20s, and the mayor said he takes seriously the goal of being proactive on environmental issues in order to leave them with a more sustainable San Francisco. He trumpeted the city’s green achievements, saying, “We’re now on the cutting edge of environmental goals for the city.”

Leading bicycle activist Leah Shahum of the San Francisco Bicycle Coalition had praise for Lee on bike issues. “I’m really encouraged by his very public support of the new green separate bikeways on Market Street and his interest and commitment to creating more,” she said. “I believe Mayor Lee sees the value of connecting the city with cross town bicycle lanes, which serve a wide range of folks, including business people and families.”

Yet some proponents of green causes are feeling uncertain about whether their projects will advance under Lee’s watch.

On the issue of community choice aggregation (CCA), the ambitious green-energy program that would transfer Pacific Gas & Electric Co. customers to a city-run program with a cleaner energy mix, Lee — who helped determine rates as city administrator — seemed lukewarm. “I know Mr. [Ed] Harrington and his staff just want to make sure it’s done right,” he said, referring to the general manager of the city’s Public Utilities Commission, whose tepid attitude toward the program has frequently driven him to lock horns with the city’s chief CCA proponent, Sup. Ross Mirkarimi.

Lee noted that CCA program goals were recently scaled back. He also said pretty directly that he opposes public power: “We’re not in any day getting rid of PG&E at all. I don’t think that is the right approach.”

The controversial issue of the Haight Ashbury Neighborhood Council Recycling Center’s pending eviction from Golden Gate Park still hangs in the balance. The Recreation and Park Commission, at Newsom’s behest, approved the eviction despite overwhelming community opposition.

Lee said he hadn’t looked at the issue closely. “I do know that there’s a lot of strong debate around the viability, what that operation attracts and doesn’t attract,” he said. “I had the owner of HANC here along with a good friend, Calvin Welch, who made a plea that I think about it a bit. I agreed that I would sit down and talk with what I believe to be the two experts involved in that decision: Melanie Nutter at the Department of the Environment and then Phil Ginsburg at the Rec and Park.” Nutter and Ginsburg supported HANC’s eviction.

Welch, who is on the board of HANC, noted that Lee could be swayed by his staff. “The bunch around Newsom had old and bad habits, and old and bad policies. In dealing with mayors over the years, I know how dependent they are on their staff. They’re in a bubble, and the only way out is through a good staff. Otherwise, Lee will come to the same conclusions as Newsom.”

HANC’s Jim Rhoads told the Guardian he isn’t feeling reassured. “He said he would keep asking people about it. Unfortunately, if he asked his own staff, it would be a problem because they’re leftovers from Newsom.”

Speaking of leftovers, Lee also weighed in on the debate about the city’s waste-management contract — and threw his support behind the existing private garbage monopoly. Campos is challenging a perpetual waste-hauling contract that Recology has had with the city since 1932, calling instead for a competitive-bidding process. When the Department of the Environment recommended awarding the city’s landfill disposal contract to Recology last year, it effectively endorsed a monopoly for the company over managing the city’s entire waste stream, at an estimated value of $206 million per year.

The final decision to award the contract was delayed for two months at a February Budget & Finance Committee hearing. Campos is contemplating putting the issue to the voters this fall, provided he can find six votes on the Board.

“I know that Sup. Campos had given his policy argument for why he wants that revisited,” Lee said. “I have let him know that the Recology company in its various forms has been our very dependable garbage-hauling company for many, many decades. … I feel that the company has justified its privilege to be the permit holder in San Francisco because of the things that it has been willing to do with us. Whether or not we want to use our time today to revisit the 1932 ordinance, for me that wouldn’t be a high priority.”

 

UNFINISHED BUSINESS

In the last week of 2010, Avalos pushed through groundbreaking local-hire legislation, without the support of then Mayor Gavin Newsom or his chief of staff, Steve Kawa, who wanted Avalos to back off and let Newsom takeover the task.

With Lee now in Room 200, things appear to be moving forward on local hire, in face of misleading attacks from Assemblymember Jerry Hill (D-San Mateo), who wants to make sure no state money is used on local-hire projects, presumably because the building trades are upset by it. And Kawa, whom Lee has retained as chief of staff, doesn’t really support the legislation. Indeed, Kawa’s presence in the Mayor’s Office has his detractors believing that the new boss in Room 200 is really the same as the old boss.

“I feel like things are moving forward in the right direction around local hire, though a little more quietly than I’d like,” Avalos told the Guardian. Avalos noted that he is going to hold a hearing in March on implementing the legislation that should kick in March 25.

Welch said he believes that if Lee starts replacing staff wholesale, it could indicate two things: he’s a savvy guy who understands the difficulties of relying on Newsom’s chief of staff Steve Kawa for a budget, and he’s not ruling out a run for mayor.

“If I was in his position, the first thing out of my mouth would be, ‘I’m not running.’ I think he’s very focused in the budget. And it’s going to make or break him. But if he starts overriding Kawa and picks staff who represent him … well, then I’d revisit the question of whether he’s contemplating a run for mayor, say, around June.”

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