Steven T. Jones

“One powerful newsroom” pulls back from its San Francisco roots

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Locally focused journalism in San Francisco took another big hit today with the announcement that The Bay Citizen — which was founded by the late Warren Hellman in 2009 specifically to augment declining reporting on San Francisco and the Bay Area — is being folded into Center for Investigative Reporting [Updated below].

When the two entities merged last year, Bay Guardian and others raised concerns that local accountability journalism in San Francisco would suffer and that the strong donor base that Hellman developed to support Bay Citizen was being used to support CIR, whose board is chaired by former San Francisco Chronicle Editor Phil Bronstein, who engineered the deal.

“It’s exciting for us to be able to address what has been a vacuum in San Francisco for a long time,” CIR Executive Director Robert Rosenthal, addressing the need to strengthen local coverage, told us last year.

But today, in an upbeat press release and blog post announcing The Bay Citizen’s demise entitled “One Powerful Newsroom,” Rosenthal seems to dismiss the importance of San Francisco City Hall coverage and other locally based reporting in justifying CIR’s flip to a more national focus.  

“We know that as long as we are telling the right stories – the stories that no one else is covering, the stories that reveal deeply hidden information, the stories that actually make a difference in people’s lives – it doesn’t matter if they are about San Francisco or Sacramento or Washington, D.C.,” wrote Rosenthal, who has not yet returned our call to discuss the issue [see below].

For anyone who cares about journalism and accountability in San Francisco, where wealthy interests have essentially partnered with the Mayor’s Office on an ambitious agenda that is changing the face and future of the city, it does matter where reporters focus their time and energies.

CIR Editorial Director Mark Katches also wrote today that in addition to less coverage of San Francisco, the merged organization will do fewer overall stories: “First and foremost, we have rededicated ourselves to high-impact investigative reporting – stories that matter. We’ve largely stopped covering routine stories and breaking news, which got in the way of this core mission. Last year, we generated about 1,000 stories. By choice, we expect to produce about 200 stories this year. But the stories we go after will be the ones we think can make a difference.

“The newsroom will also rethink the scope of its coverage: Last year, about 95 percent of the stories generated out of this newsroom were either focused on the Bay Area or the state of California. That left a small fraction of our work focused on national or international issues or produced in a way that would appeal to an audience outside California’s borders,” wrote Katches, who also hasn’t yet returned our call (we’ll update this post if and when we hear back from Rosenethal and Katches).

While it’s always good to have more quality journalism focused on national and international issues, San Francisco needs more accountability journalism, not less, particularly when the Chronicle newsroom has been decimated and the stories that its reporters are doing are now stuck behind an online paywall, further reducing readership.

That dearth of San Francisco-based reporting is why Hellman created The Bay Citizen, as he told me while he was conceiving the concept and shortly after it was created. “It will focus on local news events, including politics and the arts, the kind of thing that is just dying at the Chronicle,” Hellman told me.

And now, just as we feared, two of the Chronicle editors who oversaw that demise — Bronstein and Rosenthal — are killing off the once-successful local newsroom that was created to shine a critical light on what’s happening in San Francisco and around the Bay Area.

We certainly wish CIR well and we hope that this “one powerful newsroom” will continue to devote some reporting resources to San Francisco, as they did most recently in exposing radioactive contamination at Treasure Island. But this is still a sad day for the Fourth Estate in the rapidly evolving city of St. Francis.

Update: Rosenthal just got back to me and expressed the hope that San Francisco won’t suffer from this latest move: “We’re going to continue doing what we hope will be stories that make a difference in San Francisco and the Bay Area.”

But as a longtime newspaper editor who also values local reporters working beats to hold powerful people and entities accountable and to inform local citizens about issues that affect them, Rosenthal said that he understands the Guardian’s concerns.

“I love beat reporting, and yes, beat reporting will suffer,” Rosenthal said, decrying the newsroom cutbacks in communities across the country. “At the same time, we’re the only news organization, if you can call us that, in the country that has been adding staff in the last five years.”

Rosenthal emphasized that there were no layoffs during last year’s merger or as part of this current move, and in the always challenging modern media environment, he said the question he wrestles with is: “How do we keep the whole organization alive?”

Rosenthal also said CIR plans to expand its investigative reporting on the technology industry and its impact on San Francisco and other cities, which should benefit the need for accountability journalism here.

“We don’t want to abandon the Bay Area or the Bay Area media,” he said, citing recent coverage of Bay Area pedestrian deaths as an example the kind of stories that can make a difference locally.

As for Hellman’s vision of The Bay Citizen as a local news outlet, Rosenthal said, “It evolved.”

Do falling jobless numbers mean we’re smart and focused, or rich and exclusive?

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The unemployment rate continues to drop in San Francisco and all over California, according to new numbers released today by the California Employment Development Department, which were trumpeted by Mayor Ed Lee as vindication for his economic development policies.

“San Francisco’s steady economic recovery is the result of our continued focus on job creation, education and training residents for the demands of the 21st century workforce. San Franciscans are getting back to work across the spectrum of job sectors – from hospitality to construction to technology to service industry jobs and we will continue to help these sectors grow in our City,” Lee said in a press release.

But are Lee’s neoliberal policies of promoting technology and other corporations with tax breaks and city-subsidized training programs and financing mechanisms really creating the rosy economic picture he’s painting? And even if it is helping to promote boom times, at what point have we essentially reached full employment, the point at which we should maybe turn our focus and resources to addressing the rising cost of living here?

After all, San Francisco’s unemployment rate of 5.4 percent is third only to Marin County (4.6 percent) and San Mateo County (5.1 percent). Those three counties also just happen to be the three counties with the highest per capita incomes in the state, a fact that explains our jobless rate more than the mid-Market payroll tax exemption and other taxpayer giveaways.

“Unemployment rates tend to be lowest in areas with high education attainment,” Ruth Kavanagh, EDD’s labor market consultant for this area, told us when we called to discuss the disparties among counties.

What about the rising cost of living in San Francisco? Clearly, this is becoming a much more difficult city for the unemployed and marginally employed to remain living in. How much are gentrification, evictions, and the exodus to the East Bay (Alameda County’s rate is 7 percent, still better than the statewide rate of 8.5 percent) and other locales a factor in our low jobless rate?

Kavanagh said the EDD doesn’t directly track that and so she couldn’t address the question. But she did say that the Bay Area was indeed experiencing the fastest job growth in the state, driven largely by the tech industry. In the last year, this three-county area has added 9,600 jobs in Professional Business Services (which includes tech) and 4,600 each in Leisure & Hospitality and Construction.

Indeed, in his State of the City speech in January, Lee touted the 23 construction cranes on the city skyline as the best gauge of the state of the city. And if counting jobs is one’s only measure of success, San Francisco is doing as well as can be expected. Kavanagh said most economists consider “full employment” within the capitalist system to be somewhere between 4-5 percent.     

Yet Lee says he’s not backing off from his full-throttle focus on economic development. “San Francisco’s unemployment rate today stands at a five-year low and I will continue to pursue policies that get people back to work, support San Francisco families and invest in our City’s future,” he said. “This Summer through San Francisco Summer Jobs +, we are setting an aggressive goal of putting 6,000 youth to work in paid jobs and internships, and I will continue working hard to make sure all San Franciscans have access to good paying jobs.”

Now if only we all had access to reasonably priced housing, health care, food, entertainment, and a transportation system built to handle a growing population.

-sigh-

Now get back to work!

Is Larkin Street Youth Services using public funds to fight a union organizing drive?

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Larkin Street Youth Services does great and important social work with homeless youth in San Francisco, for which it receives generous support from city taxpayers, as well as federal grants. That’s why its employees and some prominent local officials are questioning the organization’s aggressive, deceptive, and anti-union resistance to the request by a majority of its 88 employees to be represented by Service Employees International Union Local 1021.

A majority of employees submitted an organizing petition on April 8, asking LSYS Executive Director Sherilyn Adams to honor the request and recognize card check neutrality, as other local city-supported nonprofits have done, such as Tenderloin Housing Clinic. But SEIU organizer Peter Masiak said Adams refused to even discuss it, leading the National Labor Relations Board to set a mail-in ballot election that begins May 21.

“That was two months she was able to buy by forcing this election,” he told us.

Adams and LSYS management have used that time to try to undermine the organizing effort with staff meetings and mailers that criticize SEIU in particular and the labor movement in general, using misleading scare tactics about the costs of organizing.  

“In my view, if employees become represented by a union, our organization will be significantly impacted, and not for the better,” Adams wrote in an April 23 email to staff announcing the NLRB election. LSYS management has also posted flyers with inaccurate information on the costs of joining the union and dated information about a contentious contract impasse between Local 1021 and its workers that has [since been settled. CORRECTION: Local 1021 workers rejected that settlement, with negotiations scheduled to restart May 21].

“They have been engaged in an anti-union campaign and hired outside counsel to fight this,” Masiak told us, noting how inappropriate such actions are for an organization that gets the vast majority of its funding from government grants. “I think it’s a misuse of these funds.”

Some public officials agree, including Assembly member Tom Ammiano and Sup. John Avalos, who have written letters to LSYS criticizing the tactics and urging Adams to recognize the union.

“Their desire to have a voice on the job and develop professionally in a supportive environment should be celebrated by LSYS management,” Ammiano wrote to Adams on April 30, noting his long history of advocating for increased city funding of the organization. “Unions are an important voice for employees regarding salary, benefits, working conditions, and many other issues. I strongly encourage you to accept card check recognition, to remain neautral during your employees’ organizing efforts, and not to use public funds on anti-union attorneys or consultants, so that your employees may make their own decision on whether or not to form a union.”

Eva Kersey, who works in LSYS HIV-prevention programs and helped organize the union drive, said it was driven by concerns about low wages, poor benefits, and the belief that “we don’t have a meaningful voice in how our programs are run,” she told us.

Kersey said she was disappointed at how management has reacted to the organizing drive. “What was most surprising is the general lack of respect we’ve gotten as workers and an organizing committee,” Kersey said, citing belittling management statements about how employees were being manipulated by the desperate union. “We’ve put a lot of work into this and put ourselves out there in a lot of ways.”

But Kersey believes support for the union has only grown and that LSYS employees — who are used to cutting through the bullshit they hear from troubled teens — haven’t been swayed by the speeches, flyers, and emails from management.

“I don’t think they’re very effective. They’re pretty one-sided,” Kersey said.  

Adams did not return our calls for comment, but had LSYS spokesperson Nicole Garroutte respond by asking for questions in writing, and we provided a list raising the issues and concerns expressed in this article. She didn’t answer the questions directly but offered this prepared statement: “Thank you for your interest in Larkin Street and, in particular, the election process that is currently underway. Out of respect for all of our employees and to help ensure a fair and independent process, we will confine our response to reaffirming the high degree to which we value our staff and the faith that we have in their ability to make informed individual decisions regarding the election. We recognize that there are expected differences of opinions regarding the preferred labor-management model, but we are confident that we all share a mutual passion for our mission and, most importantly, for assisting to our fullest potential the vulnerable clients we serve. We would be happy to talk further after the election process is concluded.” 

Masiak said the ballots will be mailed out May 21, they must be returned by June 5, and they will counted June 6.

Can the tech boom solve our housing crisis? No, but it can make it worse

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 San Francisco Housing Action Coalition and San Francisco Magazine posed an intriguing question at a forum they sponsored last night in the W Hotel: “San Francisco’s Housing Crisis: Can the Tech Boom Help Us?” Unfortunately, it wasn’t a question they ever really addressed at an event of, by, and for developers and their most ardent supporters.

Instead, the event was mostly just pro-development boosterism supporting HAC’s goal of building 100,000 new homes in SF over the next 20 years, and the discussion seems to show that the tech boom will exacerbate the housing crisis without ever addressing it, particularly given the local tax breaks and subsidies Mayor Ed Lee keeps giving the industry.

“San Francisco must radically increase its anemic housing production,” HAC Executive Director Tim Colen said during the introduction.

The pro-development cheerleading was slightly offset by the dose of reality offered by panelist Peter Cohen of the San Francisco Council of Community Housing Organizations, who noted that market rate developers aren’t building for today’s San Franciscans, 61 percent of whom make less than 120 percent of the Area Median Income. 

“We don’t believe the market will ever touch the 120 and lower,” Cohen said, later offering, “How do we build for the kind of San Francisco we have now?”

San Francisco Magazine Editor-in-Chief Jon Steinberg, who moderated the panel, said this event grew out of an important and widely acclaimed story that David Talbot wrote for the magazine last fall, “How Much Tech Can One City Take?” that raised critical questions about the wisdom of the big bet that San Francisco has placed on an industry driven by speculative bubbles.

“We got more responses from readers than anything we published in our history,” Steinberg said of the article, before shamefully expressing second thoughts on publishing it. “I felt the writer had been a little hard on our friends in the tech industry.”

He introduced UC Berkeley Economics Professor Enrico Moretti, whose 2012 book “The New Geography of Jobs” argues for reducing regulations that hinder housing production in cities, by saying that if he’d read it before publishing Talbot’s excellent article, “I think it would have had a little different tenor.”

Yet Moretti’s presentation was an overly simplistic Economics 101 argument that housing prices go up when demand is strong and supply is weak. “It doesn’t take a degree in economics to know those workers will bid up the price of housing,” Moretti said after noting San Francisco added 21,500 job but just 2,548 new housing units last year.

That’s the basic line we hear a lot these days, that only a massive housing construction boom will keep housing prices down and prevent mass displacement. “The only answer is to radically increase the supply,” said SPUR Executive Director Gabriel Metcalf, noting that means tossing out many of the city’s historic preservation and height and density restrictions. “All we have to do is get out of the way and allow housing to increase to make it normal again.”

Metcalf confidently predicted that housing prices and rents would drop if the city pursued that kind of unfettered housing boom, offering to buy Cohen a beer if he was wrong. Yet even Moretti’s research shows that Metcalf would probably lose that bet.

Moretti compared San Francisco to Seattle, which is also experiencing a comparable high-tech job boom that exacerbated a housing supply shortage, which Seattle responded to by following the prescription of HAC and building thousands of new condos in the downtown core.

The result was that rents in Seattle have increased 31 percent less than San Francisco’s, which he called significant, despite the fact that rents are still on the rise there even with a massive influx of new people and condos and all the infrastructure challenges that presents (it’s widely accepted that new development in San Francisco doesn’t pay for the full cost of infrastructure needed to serve it, which is a huge issue in the transportation sector alone).

Nobody had a good answer to Cohen’s point that building tons of market rate housing won’t actually do much to prevent the displacement of a majority of current city residents. As he put it, “What’s missing is who is that housing for, who is it actually serving?”

Metcalf welcomes the wholesale transformation of San Francisco – “It will be a change, a total change, and guess what? That could be great.” – but even he argues for the importance of policies that protect those on the bottom half of the economic scale, from rent control to more government-subsidized affordable housing production.

As Metcalf, one of the biggest market rate development cheerleaders in city, said, “If it were not for rent control, I would have been forced out of the city by now.”

Brown raids cap-and-trade funds, delaying action on climate change

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Greenhouse gas concentrations in the atmosphere continue to rise to dangerous levels, but still our political leaders delay taking meaningful actions to address the looming crisis. The latest example: Gov. Jerry Brown is borrowing $500 million from the state’s new cap-and-trade program — money designated specifically for efforts to address climate change — to help balance the revised state budget proposal that he released today.

And the worst part was that Brown is raiding these funds even though there was no good reason to do so. “The Governor’s Budget reflected California’s most stable fiscal footing in well over a decade,” was the first sentence in the budget document, which admirably begins to restore education funding, partly because voters approved the Prop. 30 tax package last year.

While Brown said that the $500 million raid is just a loan that will be paid back with interest, the action highlights the short-term thinking that animates our political and business leaders, who seem content with hollow gestures and symbolic actions that fall far short of what’s actually needed to minimize climate change and sea level rise (even the cap-and-trade system itself is a business-friendly half-measure; simply capping then decreasing emmissions would have been far more effective).

There are a multitude of immediate needs for that “borrowed” money that would have big impacts to the carbon emmissions that our state continues to spew into the atmosphere, such as helping Muni and other urban transit systems overcome budget deficits that hamper their ability to provide good alternatives to private automobile use, which is one of the top sources of greenhouse gas emmissions.  

Environmentalists and advocates for social and economic justice — who have fought to direct some of these funds to reducing emmissions in low-income communities, where it is an acute public health issue on top of the long-term climate change threat — immediately criticized the governor’s move.

“The governor is playing a dangerous game that could wreck California’s push toward clean energy,” Greenlining Institute Legal Counsel Ryan Young said in a press release. “Voters of color turned out in force to protect AB 32, the clean energy law, when it was under attack by Prop. 23 [last year’s effort to repeal it], and they did it based on the promise that it would bring clean energy investments to polluted and struggling communities. These are the same voters who provided Jerry Brown’s victory margin when he ran for governor. Seizing these funds for other uses will hurt our state’s neediest communities, and it’s simply not necessary.”

Longtime Sierra Club legislative director Bill Magavern, who works with the Coalition for Clean Air, told Capital Weekly that the money is urgently needed for a variety of programs to reduce pollution in communities of color: “These important goals are now shunted aside as broken promises. The Governor has spoken of the urgency of addressing our climate crisis, but he has not put his money where his mouth is. It’s important to remember that none of the dollars in the Greenhouse Gas Reduction Fund come from taxes, and they were never intended to go to the General Fund.”

Another gauge is also telling: how do the polluters feel about the governor’s new budget? Well, here’s another press release we got on the governor’s new budget, from a conservative business organization that has long opposed meaningful efforts to address climate change: “California Manufacturers & Technology Association president Jack Stewart made the following media statement after Gov. Jerry Brown’s proposed ‘May Revise’ budget: ‘We congratulate Gov. Jerry Brown on a proposed balanced budget that will help California provide important government services. We appreciate that the Governor proposes the addition of a statewide sales tax exemption on the purchase of manufacturing equipment.  This will make California a more competitive place to scale up production.”

Same as it ever was.

Commission approves soccer project but pushes the city to restore habitat

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Coastal Commission to rule on Beach Chalet soccer project

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The California Coastal Commission will decide tomorrow (Thu/9) whether San Francisco and its Recreation and Parks Department violated the Coastal Act in approving a renovation of Golden Gate Park’s Beach Chalet soccer fields that uses artificial turf and stadium lights and seating. [UPDATE 3pm: The commission just approved the project. Full story coming soon.]

SF Ocean Edge, a group comprised mostly of environmentalists and neighbors of the site where the park meets the ocean, has been fighting the project since its inception. They got a big boost recently when the Coastal Commission staff recommended rejection of the project, finding that it violated requirements that coastal areas should remain in a naturalistic state and be open to the general public.

“Going into any hearing, you never know what’s going to happen, but the staff report was excellent,” group spokesperson Kathy Howard told the Guardian. “They have a lot of good idea for renovations to the area which would allow more than just organized sports teams to use the area.”

Spokespersons for the Recreation and Park Department didn’t return Guardian calls for comment. The hearing is being held in San Rafael, with this item expected to be heard starting at 9:30-10am, Howard said. Check in here later in the day for a full report.

More SF restaurants settle with the city over fraudulent employee health surcharges

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City Attorney Dennis Herrera today announced another batch of settlements with restaurants that have been fraudulently using surcharges on customers’ bills to cover their city-required employee health coverage and using some of that money to simply pad their profits.

Seventeen San Francisco restaurants that took advantage of Herrera’s partial amnesty offer — settlements are half of what the violators should owe, based on voluntarily submitting records by last month’s deadline — will be paying tens of thousands of dollars each to the employees’ they ostensibly collected the money for, joining two other restaurants that had settled with the city earlier this year.

Among this latest batch of restaurants is Burgermeister, whose $134,088 settlement is the largest of this group; and Burma Superstar, whose $10,045 is the smallest. Other restaurants paying up as part of the settlement are 5A5 Steak Lounge, Amber India, B Star, Bix, Cafe Bellini, Calibri Mexican Bistro, Citizen’s Band, Cafe Flore, Fresca, MarketBar, Nob Hill Café, Press Club, Skool, Tony’s Pizza Napoletana, and Venticello Ristorante.

In total, Herrera’s office has recovered about $844,000 that will be split among about 1,500 employees.

Another dozen restaurants suspected of misusing the surcharges were given a clean bill of health: Bluestem Brasserie, Cafe Claude, Cupola Pizzeria, Firefly Restaurant, Gitane Restaurant and Bar, Lark Creek Management LLC, Lark Creek Steak, NOPA, One Market Restaurant, Plant Cafe, Ristobar, and Twenty Five Lusk.

There are still more than 30 restaurants that responded to the amnesty offer that remain in negotiates with Deputy City Attorney Sara Eisenberg, with more settlements expected in the coming weeks and the possibility of lawsuits being filed against restaurants that won’t settle.  

The full press release follows:

 

 

Restaurant workers net $844K restitution in 19 surcharge enforcement settlements so far

Herrera praises good faith efforts by restaurants ‘to do right by their employees’; announces ‘clean bills of health’ for 12 other establishments targeted in investigation

SAN FRANCISCO (May 8, 2014) — City Attorney Dennis Herrera today announced settlement agreements with 18 local restaurant businesses that voluntarily took part in his office’s surcharge enforcement and amnesty program, which seeks to remedy shortfalls between amounts collected from customers to cover the cost of complying with San Francisco’s universal healthcare law, and funds actually expended to provide health care benefits to employees.  Together with an earlier settlement announced in January, Herrera’s restaurant surcharge enforcement effort has now netted a total $844,644 to be distributed among approximately 1,500 eligible employees by 19 different companies.

The program announced in January included a one-time 50 percent amnesty offer for establishments with significant shortfalls — provided they fully cooperate with city investigators; agree to good faith compliance with the employer spending requirement of San Francisco’s Health Care Security Ordinance moving forward; and directly compensate their current and former employees who were the intended beneficiaries of the surcharges paid by customers.  All agreements announced today resolve potential disputes with the City over collected surcharges without admissions of liability.  

“I commend these businesses for working cooperatively with us so early in the process, and for understanding our duty to enforce the law even-handedly,” said Herrera.  “Today’s settlements reflect good faith efforts by restaurant owners and managers to do right by their employees, and to honor the intent of fees charged to their customers.  I recognize that complying with groundbreaking programs like Healthy San Francisco can sometimes present new and unique challenges.  So, I’m grateful to these businesses for their cooperation in reaching settlement agreements with us.  I’m glad to continue patronizing these establishments, and I hope other San Franciscans and visitors will join me in doing so, too.”

Some of the 19 establishments that reached settlements under the program include: 5A5 Steak Lounge, Amber India, B Star, Bix, Bugermeister, Burma Superstar, Cafe Bellini, Cafe Flore, MarketBar, Mina Group, Nob Hill Cafe, Patxi’s Chicago Pizza (announced in January), Press Club, Skool, and Tony’s Pizza Napoletana.

Twelve establishments receive ‘Clean Bills of Health’ following investigation
Herrera also announced that 12 businesses targeted for investigation on the basis of the health care expenditure shortfalls they reported to San Francisco’s Office of Labor Standards Enforcement had received “clean bills of health.”  Recipients of such letters were informed by Herrera’s office that after extensive review of additional evidence provided in the course of the City Attorney’s investigation, surcharge-related consumer fraud did not appear to have been committed during the relevant time periods.  In most instances, shortfalls reported to OLSE by businesses that received “clean bills of health” were attributable to their inadvertent reporting or accounting errors.

Establishments so far issued “clean bills of health” are: Bluestem Brasserie, Cafe Claude, Cupola Pizzeria, Firefly Restaurant, Gitane Restaurant and Bar, Lark Creek Management LLC, Lark Creek Steak, NOPA, One Market Restaurant, Plant Cafe, Ristobar, and Twenty Five Lusk.

Surcharge Fraud Enforcement Program background
Herrera announced the program at a City Hall news conference on Jan. 25 with Assemblymember Tom Ammiano, Supervisors David Campos and David Chiu, and representatives from San Francisco restaurants and the Office of Labor Standards Enforcement.  Ammiano first authored legislation in 2005 as a member of the Board of Supervisors that would ultimately lead to the City’s Health Care Security Ordinance, or HCSO, which passed in 2007 with policy input from then-Mayor Gavin Newsom.  Board President Chiu and Supervisor Campos have both been active in subsequent proposed amendments to strengthen and improve the law.  In launching the enforcement and amnesty program, Herrera lauded the Golden Gate Restaurant Association for working productively to share its helpful input, even after years of legal disputes over the law that ultimately ended in the U.S. Supreme Court.  

Status of enforcement efforts and investigation
In addition to the establishments involved with today’s announcement, more than 30 other businesses applied for Herrera’s amnesty program before the April 10, 2013 deadline.  The City Attorney’s Office expects a significant number of additional settlement agreements in the coming weeks, pending further analysis of surcharge funds that establishments collected and expended over the relevant time period.    

Herrera’s one-time offer of 50 percent amnesty has now expired, and the favorable settlement terms are no longer guaranteed to non-participating establishments with significant shortfalls between health care-related collections and expenditures.  Announcing his enforcement and amnesty program in January, Herrera said that restaurants and other businesses found to have committed HCSO-related surcharge fraud during the years 2009 to 2011 that failed to come forward before the deadline voluntarily would risk being sued for full restitution of the amount of surcharges collected during that period, together with potentially substantial penalties, costs and attorneys’ fees.  A small number of defiant, non-participating businesses remain under consideration by the City Attorney for further enforcement action or litigation.

“For restaurants that haven’t yet come forward, it’s still very much in their interest to do so voluntarily,” Herrera said.  “I can’t guarantee the same favorable terms reflected in today’s settlements, but cooperative engagement is better and more cost-effective than lawsuits.”  

Will SF’s new broadband infrastructure be controlled by the city or Google?

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Board President David Chiu is calling for San Francisco to add to its broadband fiber network every time a contractor or utility tears up a street, joining other cities in expanding high-speed Internet capacity. But will this new network be a municipal utility or corporate-controlled? An upcoming hearing he has called for could begin to answer that question.

“In the 21st century, cities need access to affordable, high-quality broadband to compete economically, just as access to water, electricity, roads or railways was critical in the 20th century,” Chiu said in a public statement. “We see other cities like Austin, Kansas City and Santa Clara making enormous strides.  My proposal will ensure that San Francisco does better in this area.”

But Austin and Kansas City have opted to take the easy path and let Google install and control the system, which raises a variety of questions and problems that are highlighted “Kansas City Gives it up for Google,” in the current issue of Harper’s Magazine, which looked at how KC is letting corporate interests trump the public interest.

“According to its contract, Kansas City must give Google access to its underground conduits, fiber, poles, rack space, nodes, buildings, facilities, and available land. It cannot charge the company for ‘access to or use of any city facilities . . . nor will it impose any permit and inspection fees.’ And what does the city get in return? It has no say in the pricing of Google’s services, nor can it ensure that Google will deliver fiber-optic service to all of the city’s residents. Google’s offices, meeting spaces, and showroom are provided free of charge, and the city pays the company’s electric bill. The mayor, moreover, is barred from commenting on Google’s activities without the express permission of Google,” the magazine writes.

Chiu is building his proposal from a report that then-Sup. Tom Ammiano commissioned years ago, calling for the city to build a network of fiber as it opens up the streets. Now, Chiu is trying to implement that idea with legislation and an upcoming hearing on the issue, but right now he’s agnostic on whether that network is owned by San Francisco or a corporation that it might contract with.

“My legislation doesn’t dictate who lays the fiber, it just ensures that it happens,” Chiu told the Guardian, although he did add that he’s “more intrigued that it could be the public sector.”   

The Harpers article discusses how public utilities have succeeded in delivering reliable, cost-effective services to millions of Americans since the 1930s when FDR began to use government to deliver electricity to rural areas that lacked it, drawing parallels to the 100 million Americans now who lack access to high-speed Internet service. But the federal government seems to be encouraging corporations to do the work this time, and they’re more than happy to oblige.

“Why does Google feel so at home in Kansas City—rather than in, say, California, where the company is based? Why not build their first citywide fiber-optic network in a nearby community? According to Google vice president Milo Medin, the company has preferred to steer clear of such pesky statutes as the California Environmental Quality Act. ‘Many fine California city proposals . . . were ultimately passed over in part because of the regulatory complexity here,’ Medin told a congressional committee in 2011. ‘In fact, part of the reason we selected Kansas City for the Google Fiber project was [that] the city’s leadership and utility moved with efficiency and creativity in working with us to craft a real partnership,’” the article says.

Yet with Google in charge, the company is only guaranteeing access to neighborhoods where a minimum number of residents pre-register and pay for premium service, redlining out many African-American neighborhoods and forcing community members to go door-to-door essentially selling Google’s services.

And in the end, the corporation will make gains even if it loses money on the project, as the article concludes: “So why would an Internet-search company want to spend a fortune to install fiber-optic cable in Kansas City, Missouri, and neighboring Kansas City, Kansas? Freedom from regulatory headaches is one part of the equation: if such networks are the wave of the future, the time to jump in is now, before legislative oversight can ruin the party. But another explanation might be the treasure trove of user-behavior information that such a network represents. Data of this kind is so prized that a company like Google can afford to give away other services for free, as long as this beneficence opens up new markets. In Kansas City, low-income subscribers to the company’s slower, ‘free’ Internet option will be giving Google details about each URL they visit, even if their accounts remain anonymous. And customers who plunk down $120 a month for the ‘Full Google Experience’ will have their television-viewing habits individually tracked by Google’s data-mining elves. Is this a reasonable bargain? For Kansas City, it’s too late to ask. But history—and the success of municipally owned fiber-optic projects throughout the country—strongly suggest that we should look this gift horse in the mouth.”

Food for thought as San Francisco contemplates whether it wants to build public infrastructure or simply facilitate more corporate infrastructure.

Parking breaks

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steve@sfbg.com

This was the moment these indignant motorists had been waiting for. The elected supervisors were finally going to get the unelected bureaucrats at the San Francisco Municipal Transportation Agency to back off of plans to manage street parking and install new parking meters in their Western SoMa, northeast Mission, Potrero Hill, and Dogpatch neighborhoods.

Anger and frustration over the parking program has been building for more than a year (see "Pay to park," 1/24/12), and when Sup. Mark Farrell called a May 2 hearing before the Neighborhood Services and Safety Committee, SFMTA’s critics put out the call and dozens showed up to voice their displeasure.

Farrell opened the hearing with a clear statement about where he stands on the issue: "I am very much against expanding parking meters into our residential neighborhoods." He also expressed opposition to the SFMTA’s extension of meter hours to evenings and Sundays and said that would be the subject of another upcoming hearing.

"I think we’re frankly on the wrong track," said Sup. Malia Cohen, who isn’t on the committee but showed up just to voice the frustrations of her District 10 constituents and to help grill SFMTA head Ed Reiskin. She repeated the populist criticisms of the SFMTA, calling its goals "unattainable" and its critics "reasonable," and accusing the agency of not having a comprehensive parking management plan.

"I look forward to you saying, ‘I quit, you win, no more parking meters,’" Cohen said to Reiskin, throwing red meat to the seething crowd, which erupted into loud, raucous, sustained applause and shouts of appreciation at the comment.

Those comments frame a defining problem in San Francisco: The city can’t get to its sustainability and climate-change goals without reducing car use (see "Zero-sum future, p. 12) — but even mild attempts to reduce parking create populist furor.

When Reiskin took the podium to deliver his presentation, he struck an even, diplomatic tone, saying that he understands people’s concerns about the issue. "Parking is a challenging, sensitive, and difficult issue. Parking matters to people," he said.

But then he went on to explain that voters and previous supervisors charged the SFMTA with managing the city’s entire transportation system — Muni, cars, bikes, cabs, pedestrians, and parking — in accordance with the city’s Transit-First policy, which calls for active promotion of alternatives to private automobile use in this dense and growing city.

Then he responded directly to Cohen’s challenge: "I would have to respectfully decline the suggestion that we don’t manage parking. We have an obligation under the Charter to do so."

BALANCING ACT


Reiskin rejects the frequent accusation that SFMTA is anti-car — and the suggestion that the agency should focus on improving Muni before it can realistically expect people to rely less on private automobiles. The reality, he said, is that the city can’t make Muni or bicycling more attractive without regulating automobiles in general and parking in particular.

He said drivers who circle the blocks looking for parking spots constitute 20-30 percent of traffic in this highly congested city, and they are the worst sorts of drivers to have on the roads. They clog traffic by stopping frequently or double-parking, they drive in bike lanes, they do dangerous U-turns, and they are often inattentive and distracted, presenting a danger to pedestrians and cyclists.

The agency’s SF Park program tries to alleviate some of that problem by using market-based pricing at meters and garages to promote turnover in high-demand areas and to ensure the availability of parking spots. But in Potrero Hill and the few other parts of the city that still have unregulated street parking, other issues arise, such as out-of-town commuters parking for free all day and limiting availability in a region slated for lots of new development in the coming years.

"Parking management matters," Reiskin said, adding that without it, "we won’t be able to achieve our goals of having an efficient transit system."

He cited policies in the Eastern Neighborhoods Plan that the supervisors approved that call for parking management and noted growth projections that could draw another 100,000 people into San Francisco in the next 20 years.

"The competition we feel today in the public right-of-way will only grow more intense," Reiskin said.

Farrell argued that families and many individuals need cars to get around: "The use of a car is simply necessary." Reiskin acknowledged that cars are still the top transportation choice in San Francisco and they will remain so for the foreseeable future. But he said that each person who opts to use a bike, Muni, or to walk is an important gain in the efficiency of the overall transportation system, given how much space cars take up, so eliminating free parking is an important incentive.

"There is a clear relationship between transportation choices and costs," Reiskin said. "If there is free parking, a lot more people will choose to drive."

Farrell then repeated the other big criticism that gets aimed at the SFMTA over its parking management program, that it’s simply a "revenue grab" that uses meter and parking citation revenue to make Muni and cycling improvements. But Reiskin said the $200 million in revenues from parking have been fairly consistent, with increases in meter revenue being offset by declining revenue from citations (which he attributed to longer meter hours and new payment options) and lowering the rates in city parking garages to make them more competitive with street parking.

"We’re lowering your rates as much as we’re raising them," Reiskin said after noting that, "We’d much rather get the revenue through the meter than through citations."

Finally, Farrell got down to the crux of the criticism from car owners: why can’t everything else wait until the SFMTA makes Muni more efficient and attractive? This is a car-dominant culture, and people won’t take the bus until it’s easy and reliable. Bike advocates make a similar argument, saying completion of a safe system of bike lanes is the only way to substantially increase cycling in the city. But Reiskin said the SFMTA has to do everything at once lest traffic congestion slow the entire system.

"I know it’s a challenge for you, but it’s a challenge for us with how to respond to it as well," Reiskin replied to Farrell. "I don’t think we have the luxury of putting one part on hold while we make up for decades of underinvestment in public transit."

Sup. David Campos said he understands the frustrations of his northeast Mission constituents and he thought the SFMTA was right to delay the implementation of parking management programs there (the revised plan comes out this summer). But he noted that many of his constituents can’t afford to own a car and they need SFMTA to actively promote other transportation options: "We do need to find a way to do everything and balance this out."

FRUSTRATION WITH SFMTA


No neighborhood epitomizes the tricky balancing act on parking polices more than the northeast Mission, with its tight mix of residential and production, distribution, and repair businesses in a neighborhood where growing parking demand will be exacerbated by plans to convert the parking lot at 17th and Folsom streets into a park.

That was where the anger at the SFMTA’s approach to parking reached a fever pitch last year, spawning opposition groups such as the Northeast Mission Coalition. Angela Sinicropi, who heads that group, is calling for new preferential parking permits for local residents and the PDR businesses in the area.

"It’s not a preference or a choice. Vehicles are a necessary part of these businesses," said Sinicropi, who owns a photography business called Syntax Studio. "We need long-term, all-day parking."

She said her members appreciate SFMTA staff working with residents, but they’re still frustrated by the agency’s reliance on parking meters as the main parking management tool. Others simply slammed the SFMTA — which was set up as an independent agency that would be somewhat immune from political pressures — as out-of-control.

"The problem with the MTA is their lack of transparency and accountability," Rob Francis said.

"MTA has lost its way. They shouldn’t be focused on parking. They should focus on transit," said Potrero Hill resident Jim Wilkins. "As taxpayers, we pay for the streets. We pay to maintain those streets. So we should be given priority on those streets."

"Keep things as they are and be respectful of taxpayers," said Walter Bass, a Potrero Hill property owner, blaming the "bike people" for skewing the agency’s priorities. "SFMTA has lost the privilege to manage parking in San Francisco."

Reiskin sat in the front row listening to angry tirades against him and his agency for more than an hour, yet he stuck by his position that managing parking is far from a privilege — it is a difficult duty and one he doesn’t intend to shirk, even as he tries to heed the public’s concerns.

In the end, the supervisors didn’t really chasten the SFMTA, as its critics had hoped for.

Farrell seemed content to declare, "There are no other plans to expand parking meters throughout San Francisco," after Reiskin said he’s not planning to go beyond the five parking management areas now being created.

"I hope MTA was listening to the public comments and concerns," Cohen offered, hoping the hearing will somehow alleviate the shitstorm from some of her car-driving constituents.

And Campos closed with perhaps the only real conclusion that could be drawn from this hearing: "This won’t be the last time we’ll be talking about this issue."

Bike hot spots

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steve@sfbg.com

When a four-year-long court injunction against new bicycling improvement projects in San Francisco was finally lifted in 2010, there was great hope in the cycling community that the city would rapidly move forward on completing its long-planned network of bike lanes.

Feeding that optimism, Mayor Ed Lee, Board President David Chiu, and other top officials set ambitious goals to increase cycling, even though they did little to provide funding that was up to the task or overcome political opposition that inevitably arises to projects that take space from cars (see “20 percent by 2020,” 5/8/12).

San Francisco is still a long way from emerging into even double-digits in terms of the percentage of vehicle trips taken by bike, and a big part of that is many people don’t feel safe or comfortable fighting with cars for space on the roads. They want bike lanes throughout the city, ideally more of the physically separated cycletracks that debuted a few years ago on Market Street.

So, on Bike to Work Week 2013, we’re taking a look some of the cycling hot spots in the city, places where the San Francisco Bicycle Coalition and other advocates have been pushing for pivotal bike safety improvements, the opposition they’ve encountered, and the status on those improvements.

Polk Street: This has become the hottest of hot spots in recent weeks, with an SFMTA plan for cycletracks shot down by local residents and businesses who complained about the loss of parking spaces on this narrow and increasingly congested corridor. SFBC is organizing to restore the bike lanes, starting with a May 14 event at its office.

Masonic Boulevard: Cars turning left from Fell onto Masonic, which bisects the bike-friendly Panhandle, used to be one of the most dangerous spots in the city, a problem that was largely solved with a special bike-signal light. Next, the SFMTA is proposing to take a lane from cars on that fast-moving thoroughfare and install bikes lanes all the way to Geary, with important funding decisions on that project coming up this summer.

Fell and Oak Streets: There’s finally been some recent progress to this short but important east-west connection after years of delays and broken promises. Cycletracks on each busy street to connect the Wiggle to the Panhandle were approved in October, with an appeal denied the next month as Fell got new striping. But it was only in the last week that Oak finally got two blocks of temporary bike lanes, with parking spaces still standing in the way of the final block.

Second Street: After years of political haggling and community meetings, the SFMTA is finally on the verge of approving bicycle and pedestrian improvements on this dangerous car-clogged artery. The latest plans call for one-way cycletracks running next to the sidewalks on both sides of the street separated by a raised median with street trees separating riders from rows of parked and moving cars. Look for community meetings on the project in June.

Caesar Chavez Boulevard: This busy street got some much needed improvements earlier this year, with good bike lanes on the eastern portion, clearer signage for automobiles approaching the confusing maze as Chavez crosses I-280, and pedestrian safety improvements. Now the city just needs to continue what it started and complete the bike-lane link all the way to Valencia.

Market Street: Cyclist demand is causing mini Critical Masses everyday during the morning and evening commutes on mid-Market Street. Yet despite the fact that the last two mayors long ago called for private cars to be removed from this showplace thoroughfare, Market is a traffic mess and will probably remain so for awhile without fresh political will. The Better Market Street project has delayed improvements to 2017, and its planners this year offered the daffy idea of banning bikes from Market and forcing them over to Mission.

Mansell Street: Improving people’s ability to safely ride bikes to and through McLaren Park, the SFMTA has designed and approved a road diet along Mansell that includes a two-way cycletrack and pedestrian path from Brazil to University, after a series of multilingual community meetings.

Embarcadero: To help improve access to and views of the waterfront during this year’s America’s Cup, the SFBC is aggressively pushing for a pilot project with a two-way cycletrack along the bay side of the roadway. Meanwhile, the SFMTA is now doing a long-term transportation study that will inform approval of the Warriors Arena and the Giants/Anchor Stream development at Pier 48, which will hopefully fund the Blue-Greenway bike path along the waterfront.

Condo bypass legislation now before the full board

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

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

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

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

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

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

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

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

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

Bay to Breakers will have video surveillance, license plate scans, and secret “FBI assets”

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Police video surveillance was in the spotlight during yesterday’s City Hall hearing on security measures at large events, as supervisors voiced a desire to strike the right balance between security and civil liberties. And while they got some reassurance and small signs of restraint from the SFPD, they also learned about secretive new security measures that go beyond what the public was aware of.

San Francisco Police Chief Greg Suhr clarified misleading media reports (a Chronicle story then picked up by Associated Press) that he’s seeking real time video surveillance along Market Street. Right now, Suhr said he just wants an inventory of existing video cameras along Market and downtown that he can request footage from after a crime is committed and that he would make his case to the board if he ever wanted to go beyond that.

“Right now, we only look at footage in retrospect,” Suhr told the Neighborhood Services and Safety Committee hearing, adding that he has no objections to seeking a court warrant to obtain that footage because “we do want it to be admissible.”

Yet Suhr and Deputy Chief James Loftus also revealed that SFPD will be deploying an undisclosed number of temporary real-time video surveillance cameras atop long poles at the Bay to Breakers footrace on May 19, as it did last fall during the World Series and the big parade down Market Street celebrating the Giants victory.

“We always want more video,” Suhr told the Guardian, although he said that he also understands the civil liberties sensitivities of San Franciscans, which is why he isn’t now seeking a permanent increase in SFPD’s real time video surveillance capabilities. “I’m from San Francisco, I get it.”

Other security tools that the SFPD will be employing at Bay to Breakers and other large events are technology that uses video cameras on police cars to capture license plate numbers and run them through a DMV database, what Loftus vaguely described as “specialized resources from surrounding jurisdictions” (watch out for the drones, y’all), and unspecified “FBI assets [that] will be present and assisting in event security.”

When Sup. Eric Mar, who called the hearing, asked about those last two items, Loftus said he wouldn’t discuss them publicly, but “I could talk to you about it offline if you’d like.”

Sup. David Campos said that he doesn’t want San Francisco to be reactionary after incidents like the Boston Marathon bombing and that we should be a model city for balancing security with civil liberties: “I think that’s a very difficult balance to strike, but it anyone can strike that balance, I think San Francisco can.” He also expressed concerns about plans to ban backpacks at Bay to Breakers: “I don’t know if that’s going to address the problem.”

Loftus said the ban only applied to large backpacks (larger than 8.5x11x14 inches) and that runners and spectators will still be allowed to use small backpacks to hold water and changes of clothing. Yet for those concerned about the creeping police state, including several people who spoke during the public comment period, there was little consolation offered in the presentations, and the supervisors said this would be an important ongoing discussion.

“This is a discussion that goes beyond San Francisco,” Campos said. “We as a country need to have this discussion.”

SFMTA chief hopes to calm the parking meter furor at supervisorial hearing

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San Francisco Municipal Transportation Agency director Ed Reiskin faces a tough challenge tomorrow (Thu/2) at the Board of Supervisors Neighborhood Services and Safety hearing that Sup. Mark Farrell has called on expanding parking meters into new neighborhoods, where Reiskin is expected to face a hornet’s nest of SFMTA critics stirred up by the loss of free street parking and perceptions that the agency is mismanaging public spaces and transit. [UPDATE: Read what happened here.]

Reiskin needs to quell some of the anger that is erupting in the northeast Mission District, Potrero Hill, and other areas slated for new meters enough to prevent increased supervisorial intervention into his independent agency and ensure a transit improvement bond measure planned for next year has a chance of passing – which the agency desperately needs to make improvements to Muni.

“We appreciate the opportunity to share information on how we’re trying to create more parking availability and ease congestion,” SFMTA spokesperson Paul Rose told us.

Jay Primus, who manages the SF Park variable price meter program for the SFMTA, told us he’s seen the presentation that Reiskin will be giving and finds it compelling, even though he knows better than anyone that, as Primus said, “Parking is always a difficult subject, particularly in an area as dense as San Francisco.”

It’s hard to imagine what might satisfy the SFMTA’s staunchest critics, who have created websites blasting and lampooning the agency’s every action and formed opposition groups that use militant rhetoric.

Mary Eliza is the spokesperson for Eastern Neighborhoods United Front, which has whipped up critics of the parking plans with calls to “FILL THE HALL. Raise your flag and wear your colors.” Speaking to the Guardian, she cited a litany of complaints and deep, conspiratorial suspicion of the SFMTA and its agenda, which is why she said critics have appealed to the supervisors.

“We’re not dealing much with the MTA anymore, we’re dealing with the supervisors because we think it’s our best chance to get anything accomplished,” Eliza told us.

They seem to have found a sympathetic audience with Farrell, a conservative from the westside, where pro-car ideologies are strongest. “Even as a transit first city, San Franciscans deserve to have reasonable parking situations in their neighborhoods. With plans under discussion to expand SFMTA’s number of parking meters citywide, every potentially affected neighborhood deserves to have extensive input into and thorough understanding of SFMTA’s upcoming plan,” Farrell wrote in calling for the hearing.

Primus said the SFMTA does try to be responsive to community concerns, noting that when its plans for new meters in the northeast Mission, Potrero Hill, and Mission Bay ran into strong community opposition in 2011, officials delayed the plans to gather more data and do more community outreach, separate the proposals, and remove them from the SF Park pilot program.

They are now finishing work on the Mission plan, which should come out this summer, after they do more work on solving issues raised by car repair and other light industrial businesses. But Primus said parking scarcity and good transit access in the area make it “an area where good parking management is all the more important.”

Then comes Potrero Hill, where the anti-meter furor appears to be strongest. But with increased development planned for the area, Primus noted that the community and Board of Supervisors have already called for more active parking management by the SFMTA: “All these parking policies were called for in the Eastern Neighborhoods plan, so it was already approved by the supervisors.”

Scenes from the struggle for economic justice

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Hacking Oakland’s budget

Sporting trucker hats, nose rings, and in activist Shawn McDougal’s case, a white tee with “Revolutionary” printed across the front in simple black lettering, the young, energetic activists assembled at Sudo Room, an Oakland hacker space, come across as unlikely ballot-initiative proponents. Nevertheless, in a few short weeks, the all-volunteer Community Democracy Project crew intends to hit the pavement and begin collecting signatures for a measure to introduce “participatory budgeting” to Oakland city government.

Their objective is to set up a kind of direct democracy system for hashing out the city’s discretionary spending. The proposal would create a charter amendment and a new Oakland city department to reconfigure the politically contentious budget allocation process, by “shifting accountability in a way that more people are able to engage,” says organizer Sonya Rifkin.

The proposal envisions convening democratic “neighborhood assemblies,” each of which would represent roughly 4,000 Oaklanders. Any resident age 16 or older would be free to attend meetings and vote on NA proposals. The NA proposals would then be forwarded onto citywide committees and synthesized as proposals for the ballot, whereupon the electorate would have the final say.

For the Community Democracy Project organizers, who mostly became acquainted through Occupy Oakland, the radical concept is just as much about achieving equitable budget allocation as it is about stoking the embers of community building. To place it on Oakland’s city ballot, the ambitious campaigners hope to collect 40,000 signatures in the next six months.

It’s a tall order, yet the activists appear undaunted. It’s a movement, McDougal says, comprised of “regular people, realizing that they don’t have to be spectators. They can be participants.” (Rebecca Bowe)

Solidarity with Bangladeshi sweatshop workers

News of a Bangladesh factory collapse last week that killed hundreds of low-wage workers reached San Francisco just as labor organizers were preparing to rally for stronger safety measures in overseas sweatshops.

Last November, a fire broke out in the Tarzeen Fashions factory in Bangladesh, killing 112 employees who produced garments for Walmart and other retailers. Sumi Abedin, a 24-year-old garment worker who earned about $62 a month working 11-hour days, six days a week, survived the blaze.

Through a translator, Abedin told reporters, “We were trying to exit through the staircase, and then we saw a lot of burned bodies, injured bodies. And I jumped through a third floor window because I thought, instead of being burned alive, even if I die, my mother will get my body.”

Abedin was standing outside San Francisco’s Gap headquarters, flanked by Bay Area activists from Jobs with Justice, Unite HERE, Our Walmart, and others. They were there to call on the popular retailer to sign a fire-safety agreement to implement renovations, at an estimated cost of about 10 cents per garment. In a statement, Gap noted that it had implemented its own four-point plan “to improve fire safety at the selected factories that produce our products.”

Gap had no direct connection with the Tarzeen Fashions blaze that Abedin narrowly escaped. Yet Bangladesh Center for Worker Solidarity organizer Kalpona Akter explained that the campaign was targeting Gap because “they’re saying they have corporate social responsibility,” yet have refused to sign onto the worker-sanctioned, legally binding fire safety agreement endorsed by BCWS, which brands such as Tommy Hilfiger and German retailer Tchibo have committed to. “This is one appropriate thing Gap can do in this moment,” Akter said, “if they really wanted to prevent this death toll in other parts of the world.” (Bowe)

Making job-training programs actually work

The phrase “welfare” may conjure up the image of a couch potato catching up on daytime soaps while the checks roll in, but Karl Kramer of the San Francisco Living Wage Coalition says it’s simply not the case — some people are not only working to earn those meager checks, they’re faced with few options once their participation in such programs comes to an end.

In San Francisco, many recipients of public assistance are part of the local Community Jobs Program, designed to provide unemployed people with on-the-job experience to help them land on their feet after six months. In practice, however, “it’s not happening,” Kramer says. “They’re dead-end programs. People aren’t moving onto jobs, and at the end of the Community Jobs program, they’re cut off completely.”

Part of the problem is that few pathways exist to connect the workers with actual paid gigs once they’ve finished. So the Living Wage Coalition is pushing for legislation that would improve and expand upon the Community Jobs Program, by raising the wage rate from $11.03 to $12.43 per hour, giving participants the option of working 40 hours a week, extending the program from six months to one year to square with eligibility requirements for many job listings, and creating an advisory committee to facilitate entry-level job creation in city departments.

“There has not been political will to really make these programs successful,” Kramer notes. And in the meantime, “people don’t connect it with why there’s such a growth of homeless families” in San Francisco. (Bowe)

Basic rights for domestic workers

The California Domestic Workers Bill of Rights would apply basic federal labor protections (such as a minimum wage, the right to breaks, and basic workplace safety standards) to domestic workers. If it becomes law, credit will go in part to its author, Assemblymember Tom Ammiano, but also to the California Domestic Workers Coalition, which has been pushing the issue for years.

Supporters of the bill say it’s unconscionable that domestic workers — the people who care for our children and grandparents and tend our homes — are one of just two occupations exempt from the Fair Labor Standards Act of 1938, the other being farm workers (another profession with a well-documented history of labor abuses, and also one comprised largely of unpaid immigrants). “We need to have protections for the people who do really important work,” Katie Joaquin, campaign coordinator for the coalition, told the Guardian.

As we reported recently (“Do We Care?,” 3/26/13), Gov. Jerry Brown vetoed the measure last year after it was overwhelmingly approved by the Legislature, expressing the paternalistic concern that it may reduce wages or hours of domestic workers. But its supporters have come back stronger than ever this year. Now know as Assembly Bill 241, the measure cleared the Assembly Labor Committee on a 5-2 vote on April 24 and it now awaits action by the Assembly Appropriations Committee. They say this bill, which New York approved in 2010, is a key step toward valuing caregiving and other undervalued work traditionally performed by women. (Steven T. Jones)

Hearing on event security as SFPD pushes police state

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

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

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

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

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

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

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

Michael Mina reaches settlement after overcharging customers at his SF restaurants

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Celebrity Chef Michael Mina and his four San Francisco restaurants – Michael Mina, RN74, Bourbon Steak, and Clock Bar – have agreed to pay $83,617 to their employees to settle charges of overbilling their customers a 4 percent meal surcharge ostensibly intended to cover the company’s employee health care obligations.

As I reported last week, City Attorney Dennis Herrera is investigating fraudulent use of surcharges by restaurants, and its settlement with Mina Group LLC was the first of what could be dozens with local restaurants to come clean under Herrera’s partial amnesty offer. The company was the city’s worst violator, according to filings last year with the city’s Office of Labor Standards Enforcement, which showed the company collected $539,806 in surcharges and spent just $211,809 on employee health care.

A spokesperson for Mina Group had told the Guardian that a settlement was in the offing and that the company would forward it to us as soon as it was available. Instead, the company leaked the settlement to SFgate.com’s Inside Scoop restaurant column, which posted a story about it on Friday evening, the dead spot in the weekly news cycle.

Mina told Inside Scoop that all the surcharges it collected are being held in a fund for employee health care and the company has lowered its surcharges from 4 to 3 percent to correct the overcharging. San Francisco’s restaurant industry – which waged an aggressive legal battle against the employer health care mandate – is the only industry to use explicit customer surcharges to cover its obligations under city law.

The full joint statement by the City Attorney’s Office and Mina Group follows:

“The City Attorney’s Office and Mina Group announce a settlement regarding surcharges imposed in response to San Francisco’s Health Care Security Ordinance. The settlement terms have been guided in part by findings in which the City Attorney’s Office acknowledges that Mina Group’s employee health care program reflects some best practices in administration of health care surcharge funds.

“Mina Group and its affiliates collected surcharges during 2009 – 2011, as previously reported to the Office of Labor Standards Enforcement (OLSE). The City recognizes that 100 percent of the surcharges collected will continue to be used exclusively for employee healthcare and that the majority has already been used. Under the settlement agreement, Mina Group will contribute $83,617.50 of remaining surcharges to eligible persons who were employees during that period.

“The City Attorney’s Office reaches no conclusions on liability in successfully concluding its enforcement action with Mina Group and its affiliates. Mina Group will continue to fully support the San Francisco Health Care Security Ordinance.”

Check, please

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steve@sfbg.com

San Francisco restaurants that have been cheating their customers and employees — charging diners for city-required healthcare coverage that they aren’t fully providing to workers — will finally be exposed in the coming weeks, with some notable names in foodie circles among the likely culprits.

City Attorney Dennis Herrera is working on settlements with dozens of restaurants that responded to his investigation and partial amnesty offer, which had an April 10 deadline. His effort augments the complaint-driven enforcement actions by the city’s Office of Labor Standards Enforcement, which has collected millions of dollars for thousands of employees of negligent local businesses in recent years.

At issue is the Healthcare Security Ordinance, the landmark 2008 law authored by then-Sup. Tom Ammiano that requires San Francisco businesses to provide a minimal level of healthcare benefits to their workers. Businesses are also required to report spending and surcharge figures to the OLSE annually, with the next report due April 30.

Last year’s data show celebrity chef Michael Mina’s Mina Group LLC — which includes the restaurants Michael Mina, RN74, Bourbon Steak, and Clock Bar — to be the top violator, collecting $539,806 in surcharges from customers and spending just $211,809 on employee healthcare.

Herrera used that list to ask more than 70 businesses to show they are in compliance with the law or reach discounted settlements now to avoid punitive fines or criminal charges later, and Herrera told us he received 60 responses and had his inquiry snubbed by fewer than a dozen.

“It’s too early to talk about how large a recovery we’ll be getting for workers, but I’m pleased with the response rate,” Herrera told us. He refused to estimate how many of the respondents were found to be in violation, but in an April 11 message to reporters covering the issue, his spokesperson Matt Dorsey wrote, “Based on our investigation so far, we anticipate that the majority of these establishments will be required to pay money to compensate their workers.”

WHAT THE FIGURES SHOW

The Guardian contacted many of the restaurants that topped the OLSE list. Some wouldn’t respond, some said they’ve changed their policies since the controversy erupted, and some wouldn’t talk until after a settlement is announced — including the Mina Group. That seems to indicate they’re about to pay for past violations.

Nicole Kraft, who handles public relations for the Mina Group, responded to Guardian inquires by writing, “I wanted to let you know that Mina Group will soon be releasing a joint statement with the City Attorney’s office, which should answer many of your questions. We’ll be sure to send it your way ASAP.” [UPDATE 4/29: Mina Group settled its case for $83,617.]

Sources in the City Attorney’s Office say settlements with as many as 10 restaurants that admit clear violations of the HCSO could be announced in the next week or two, while another 10 or so have provided data showing they are not in violation. The rest are more complicated and could take weeks or months of investigations, which are being led by Deputy City Attorney Sarah Eisenberg.

“There are going to be some that are given a clean bill of health,” Herrera told us. Herrera also told us that his investigation is just getting started and that it will look at businesses that haven’t made required annual reports to the OLSE. “When we get to a place where we’re announcing settlements, we’ll have more to say,” he said when asked for details and dimensions of his investigation.

GGRA Executive Director Rob Black has maintained that the OLSE figures don’t accurately reflect whether businesses are in compliance because the reporting requirements are confusing. GGRA held a compliance workshop on April 17, and Black told us about 40 restaurateurs attended.

“It was very informative and we got really good feedback from the restaurants,” Black told us. “We had people saying, ‘knowing what I know now, we should redo my 2011 form because I did it wrong.”

Black was initially critical of Herrera’s focus on the restaurant industry, but told us last week, “He made a commitment that the process would be efficient and fair, and he’s lived up to that so far….I still believe that the majority [of violators] didn’t have a mal-intent…Many people on the list that was reported have done nothing wrong.”

Cheesecake Factory — which was seventh on last year’s OLSE list, allegedly taking in $159,242 more in surcharges than it spent on employee health care — insists that it is in compliance and expects the City Attorney’s Office to confirm that.

“We believe the City Attorney’s initial review was erroneous,” Richard J. Frings, the company’s vice president of compensation and benefits, told us. “We are in full compliance with HCSO. Our healthcare costs in San Francisco have far exceeded the surcharge that we have collected. Once the City Attorney’s office has an opportunity to review our filings, we believe this matter will be closed without any further action.” He refused to provide figures to support the assertions.

THE HSA PROBLEM

Most of the restaurants that have been accused of stiffing employees use health savings accounts, which health officials say is a far worse option than private health insurance or the city’s Healthy San Francisco plan, which was created in conjunction with HCSO. Federal law bars cities from prescribing how health benefits are delivered.

San Francisco’s restaurant industry has always been hostile to the HCSO’s employer mandate, with the Golden Gate Restaurant Association unsuccessfully challenging the law all the way to the US Supreme Court. Controversy then erupted in 2011 with revelations (first in the Wall Street Journal, followed up by local media outlets) that some of the city’s most high-profile restaurants were shirking their responsibilities even as they charged diners 3 percent to 5 percent surcharges, sometimes essentially pocketing that money at the end of each year.

That verges on consumer fraud, but District Attorney George Gascon has refused to investigate, telling the Guardian and other papers that he was deferring to the OLSE and the City Attorney’s Office.

In 2011, a progressive-led majority on the Board of Supervisors passed legislation authored by Sup. David Campos to require that businesses keep the money they are required to spend on employee healthcare — which is currently $2.33 per employee-hour for large companies or $1.55 per employee-hours for businesses with less than 100 employees — for employees to use as needed.

But under aggressive lobbying by the GGRA and San Francisco Chamber of Commerce — which asserted the right of business owners to raid these funds, calling the set-aside a multi-million-dollar annual loss to the local economy — Mayor Ed Lee vetoed the measure. He later signed watered-down legislation requiring the money be set aside for two years, setting standards for letting employees know how to access the funds, and explicitly calling for all customer surcharges to remain in escrow accounts.

The OLSE, which also monitors compliance with the city’s paid sick leave and minimum wage laws, can only investigate businesses when an employee files a complaint. But then complaints trigger investigations that cover all of a given business’s employees, who are often compensated for past violations. To file a complaint, just write hcso@sfgov.org or call (415) 554-7892.

OLSE figures show the agency has investigated more than 100 complaints since 2008, resulting in $8.1 million in health care benefits provided to more than 6,400 employees and $244,000 in penalties paid to the city. Herrera’s office also reached a $320,000 settlement with the owners of Patxi’s Chicago Pizza in January, just before announcing his broader investigation.

“The vast majority of San Francisco employers have complied with their obligation to make health care expenditures pursuant to the HCSO,” OLSE Manager Donna Levitt told the Guardian. “With respect to the minority of businesses who fail to meet their obligations, the OLSE works tirelessly to ensure that workers receive the benefits to which they are entitled and that all businesses compete on a level playing field.”

Among the restaurants near the top of the OLSE list that did not respond to the Guardian inquires are Squat & Gobble, Wayfare Tavern, and Trinity Building Services.

“We are actually in complete compliance,” Larry Bouchard, manager of One Market restaurant, told us, explaining its inclusion on the OLSE list by saying, “It’s my understanding that we reported the wrong information.” He said the restaurant uses health savings accounts, but that they are widely used by employees, who get their expenditures repaid within three weeks.

Scott Carr, general manager of Boulevard — who sources say was one of the first restaurants to use the healthcare surcharges on customer bills, and whose parent company, Reroute LLC, was fifth on the OLSE list, underspending by $169,777 — told us the figures didn’t fully reflect the company’s spending on employee health care.

He wouldn’t say whether the company will be settling with Herrera for any past violations, but he did say that the restaurants decided to abandon health savings accounts in favor of health insurance policies for employees starting on Jan. 1. As he told us, “We feel we’ve made a positive step.”

Newsom calls for marijuana legalization

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For all his flaws, Gavin Newsom has never shied away from taking a stand or showing leadership on emerging issues, particularly when the politicians are lagging behind public opinion. As mayor, he did it on same-sex marriage, temporary public art, and taking street some space from cars. And today, as the state’s lieutenant governor, he is calling for an end to marijuana prohibition.

“It is time for California to decriminalize, tax and regulate marijuana and decide who sells it, who can buy it legally, and for how much. When California became the first state to approve medical marijuana, we led the nation on progressive drug policies, and now it is time to lead again,” Newsom wrote in a Huffington Post column that was posted last night.

Newsom recites a case for legalization that the public has long supported, particularly here in California, citing how damaging and expensive it is to wage “war” on a substance that most Californians know is less harmful than alcohol or tobacco, peppering his column with compelling stats like this: “The U.S. leads the world in the incarceration of its citizens, with less than 5 percent of the world’s population but almost 25 percent of the world’s incarcerated population.”

The Drug Policy Alliance amplified Newsom’s column with a press release today, calling for other politicians to follow his lead and finally remove marijuana from its federal listing as a Schedule One narcotic, “where is current sits alongside heroin,” as Newsom noted. He closes by writing: “There is no reason why California cannot set the example for the nation in responding to drugs in a rational and sensible way. It is time to be bold enough to consider the science and the examples set forth by other states and nations. The time has come to decriminalize, tax and regulate marijuana — anything less is not enough.”

Drug Policy Alliance Executive Director Ethan Nadelmann praised the stand, writing, “What I find remarkable is that not one sitting governor or U.S. senator has spoken out in favor of legalizing marijuana notwithstanding the fact that a majority of Americans now support that approach. But I am confident that it’s only a matter of time until elected officials follow in Gavin Newsom’s bold footsteps as they did with marriage equality.”

Indeed, when Newsom unilaterally began issuing marriage licenses to same-sex couples in 2004, it was opposed by then-House Speaker Nancy Pelosi, US Senator Dianne Feinstein (in fact, all but two US Senators), and the official platforms of both major parties. Today, after a rapid upwelling of political support, it is supported by President Obama and half of the US Senate and it may be on the verge of being legalized by the US Supreme Court (we find out next month). Newsom showed foresight on that issue, and he’s doing so again with marijuana.

Washington and Colorado voters legalized recreational uses of marijuana last year, and they are well on their way to reviving their economies promoting what is already California’s top cash crop, despite its strained legal status. In fact, we also got a press release today from Gaynell Rogers, who handles public relations for Harborside Health Center, the Oakland medical marijuana dispensary that is currently waging an expensive fight for its life after a federal raid.

“Investors Gather to Fund the Most Promising Marijuana Companies in Seattle,” was the headline of a press release about an April 29 event where 40 wealthy investors will “hear pitches from the top entrepreneurs in the hot, new legal cannabis industry,” an event hosted by ArcView Investor Network, which includes many tech entrepreneurs and investors.

“Cannabis is the next great American industry,” said ArcView co-founder and CEO Troy Dayton. “Now that a majority support legalization, a geyser is about to go off. The question is: which companies will be seated on top of it? That is what’s being decided at this investor event.”

Similarly, as California wrestles with tight budgets and a overcrowded prison system, can we really afford to continue wasting money and lives criminalizing such an industry that already is already an important part of the state’s economy? Newsom says no, and so do we.

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

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

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

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

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

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

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

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

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

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

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

Billy and the golden toads

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Reverend Billy Talen and his Church of Stop Shopping — which evolved from anti-consumerism street theater in San Francisco in the 1990s into a venerable New York City protest/performance institution — is bringing its creative environmentalist prayers and ploys back to the Bay Area next week.

Talen is a talented talker and writer whose most recent book, The End of the World, is a poetic plea for people to finally get serious about climate change, loss of biodiversity, and other environmental indicators that are passing irreversible global tipping points, all of them fed by the relentless growth of global capitalism.

“When Hurricane Sandy hit New York, there was no discussion of the underlying causes,” Talen told us. “There’s a disconnect. We have a 1,000-mile wide storm that seems to be aimed at Wall Street, and we’re not mentioning Wall Street.”

Billy and his crew are, using street theater to make their point. As he spoke, Talen said he was surrounded by two dozen costumes of the extinct Golden Toad that his crew has been donning to invade and engage in media-friendly civil disobedience at branches of Chase Bank, which the Rainforest Action Network concluded is the leading investor in carbon-emitting projects.

“Amphibians are going extinct around the world, and if I can mix my metaphors, that’s the canary in the coal mine,” Talen said, calling climate change a systemic result of an economic system predicated on consumption and growth. “Corporations are made to not be sustainable. They have to expand every quarter.”

Talen begins his visit on Monday, April 22, with a 7pm reading at Booksmith, 1644 Haight Street, and he wraps up on April 27 at 8pm with a full 17-member Church of Stop Shopping performance at Victoria Theater, 2961 16th St., SF. In between, they’ll be Lone Mountain College in SF on April 24, Pt. Reyes Dance Palace on April 25, the Chalkupy event at Oakland City Plaza on April 26, the Live Coast West taping on April 27 — and perhaps exorcising a Chase Bank or two along the way.