Steven T. Jones

Jury rejects civil claim of Oscar Grant III’s imprisoned father

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When a jury in San Francisco this week rejected the civil lawsuit claims of Oscar Grant Jr., the imprisoned father of Oscar Grant III — who was shot to death by then-BART Police Officer Johannes Mehserle on the platform of Fruitvale Station on New Year’s Day 2009 — were jurors exhibiting a bias against convicted criminals?

That’s the contention of Grant’s attorney, Waukeen McCoy, who tells the Guardian, “I think they were trying to find something to not give him anything because he’s in prison,” adding that, “The jury clearly did not understand the evidence.”

The elder Grant is in prison in Solano County for a 1985 murder in Oakland, and McCoy said he could be granted parole as soon as next year. McCoy said any financial gain in the case would have gone to restitution for the family of Grant’s victim, to help his granddaughter, and to help ease his own transition into civilian life if paroled.

Grant was divorced from his son’s mother, Wanda Johnson, but McCoy said both the mother and son visited Grant regularly in prison. The civil suit and its “loss of familial relations” standard required Grant Jr. to show he was affected by Mehserle killing his son and that the shooting wasn’t justified, as the courts have already concluded.

“The mom clearly wanted her son to bond with the father, and one reason was to keep him out of trouble,” McCoy said, who said prison logs showed Johnson visiting Grant 82 times.

But McCoy said Mehserle’s attorney, Michael Rains, used the log — which didn’t contain the younger Grant’s name — to sow doubts about the father-and-son relationship and deny Grant joined the visits, even though McCoy say Grant III was along on every visit and that was the purpose of Johnson visiting her ex-husband.  

“There was a relationship there,” McCoy said.

That prison log was one of a few possible grounds for appeal, McCoy told us, although they haven’t yet made the decision whether to appeal. Another was possible jury bias after jurors were told of previous civil settlements totaling about $3 million that Johnson and the slain man’s girlfriend, daughter, and friends received from BART and Mehserle, who was convicted of involutary manslaughter in the killing and served about a year in prison.

“There were a lot of things going on here. I think the jury knew about the previous settlements,” McCoy said, “and they didn’t want to award any more.”

Barring a successful appeal, this verdict would seem to end the emotionally wrenching saga involving Mehserle killing Grant, which was dramatized in the film Fruitvale Station and which led to several raucous street demonstrations against police abuse and racism in Oakland, some of which turned into riots (and some of which resulted in their own civil settlements), and state legislation finally creating limited civilian oversight over BART Police

Guardian on the move: Into the mall, under new management

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There were a couple of big changes for the Bay Guardian this week. We and our sister newspapers within San Francisco Media Company — San Francisco Examiner and SF Weekly — moved into the Westfield Mall. Yes, the mall, but in the fifth floor business offices formerly occupied by the San Francisco State University School of Business extension program.

The company, owned by Black Press in Canada and Oahu Publications in Hawaii, also named Glenn Zuehls as the new publisher and Cliff Chandler (who worked for the Examiner for years) as the senior vice president of advertising. Zuehls, who comes from Oahu Publications, replaces Todd Vogt as the head of SFMC. Zuehls and Chandler told the staff of all three papers that their primary goal is to grow the company’s revenues, a point that Black Press CEO Rick O’Connor also echoed during the annoucement this morning: “It’s all about revenues.”

Oahu Publications President and Publisher Dennis Francis will also serve as president of SFMC, which now has the same owners as the Black Press and Oahu Publications after Vogt’s ownership interest was bought out by his partners in May. The combined company owns newspapers throughout Canada and Hawaii, as well as around the continental US, including Seattle Weekly and the Akron Beacon Journal. 

Editorially, the Bay Guardian remains an independent publication under the leadership of Publisher Marke Bieschke and Editor-in-Chief Steven T. Jones, yours truly.  

 

 

Grand Jury warns SF to prepare for rising seas

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Following its recent report criticizing the Port of San Francisco for being unduly influenced by wealthy developers and their allies in the Mayor’s Office, the San Francisco Civil Grand Jury today released its second report of the current session, calling on the city to do more to prepare for the impacts of global warming.

“Rising Sea Levels…At our Doorstep” assessed recognition and preparedness in a city where projections by the San Francisco Bay Conservation and Development Commission show San Francisco International Airport, Treasure Island, and parts of Mission Bay and Hunters Point inundated by water by the end of the century. The report found that while most city departments and private developers were aware of and planning adaptive responses to the problem, far more needs to be done — including adoption of less intensive development strategies for flood-prone areas, such as Mission Bay.  

“We are currently at the cusp of the future in terms of sustainability. It took the Loma Prieta earthquake to awaken San Francisco to the necessity of intensified seismic retrofitting. Let’s not wait for a major flooding disaster, like Hurricane Sandy on the east coast, to start addressing the serious threat of rising sea levels. The threat is real; the time to act is now,” the grand jury wrote. “For a start, San Francisco should, among other things, adopt a citywide comprehensive plan for adaptation to rising sea levels and amend the City’s Planning and Building Codes to include provisions addressing the impacts of sea level rise.”

The report urged city leaders to accelerate plans to implement recommendations of the Ocean Beach Master Plan, which among other things called for rerouting Highway 1 in sections where the coastline is now receding and creations of tidelands on the southern part of Ocean Beach.  

2014 CGJ Report Rising Sea Levels by Joe Fitzgerald Rodriguez

Is the SF District Attorney’s Office biased against cyclists?

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There’s been much discussion over the last year about whether police and prosecutors in San Francisco are biased against bicyclists. And while the San Francisco Police Department has admitted problems in their investigations of collisions that injure cyclists and pledged to do better (with mixed results), the District Attorney’s Office doesn’t seem have gotten the message.

The cyclist community was appalled last month when District Attorney George Gascon refused to follow SFPD recommendations and file criminal charges against the commercial truck driver who killed cyclist Amelie Le Moullac in August, a high-profile case that highlighted SFPD bias and triggered a series of hearings on the issue at City Hall.

Now, a San Francisco jury has voted overwhelmingly to acquit a cyclist who collided with a pedestrian last year, finding that the collision was clearly accidental and that the cyclist tried to avoid the victim who jaywalked to check the parking meter for her car and then abrupted reversed course and collided with the cyclist.

“The evidence in this case was clear: It was an accident, not a crime,” Deputy Public Defender Tammy Zhu said of her client, 20-year-old John Kewin, who faced up to a year in jail after the DA’s office charged him with reckless driving.

But the jury last week voted 11-1 to acquit Kewin, siding with witnesses who said he tried to avoid the collision over one witness (ironically, a cyclist) who testified that Kewin was riding too fast. So the DA’s office this week decided to drop the charges.

Public Defender’s Office spokesperson Tamara Barak Aparton told us charges should have never been filed in the case: “I don’t think it should have been, it was clearly an accident and not a crime.”

The DA’s Office has refused to file criminal charges against any of the four motorists who killed cyclists in San Francisco in the last year, even in cases where the drivers were making illegal turns across bike lanes and making no efforts to avoid the cyclists.

Does the District Attorney’s Office have a bias against bicyclists? We left messages with two different spokespeople from that office, and we’ll update this post with their replies if and when we hear back. 

Boom asks “What’s the matter with San Francisco?” and offers insightful answers

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“What’s the matter with San Francisco?” asks the Summer 2014 issue of the Boom: A Journal of California, a quarterly magazine produced by the University of California Press, tapping an amazing array of writers to explore the struggle for the soul of San Francisco that has captured such widespread media attention in the last year.

The question on its cover, which all of the articles in this beautifully produced 114-page magazine explore from varying perspectives, is a nod to Thomas Frank’s insightful 2004 book, What’s the matter with Kansas? And the answer in both cases, argue writers Eve Bachrach and Jon Christensen in their cover story article, is the people.

“Specifically, the people who act time and again against their own interests, people who adhere to a narrow political line, whether it’s antipopulist in the nineteenth century or antiprogressive in the twentieth. By focusing on one set of values, this analysis asserts, the people don’t notice what they’re really losing until it’s too late — and San Francisco is no different,” they write.

At this important moment in time, San Francisco is fighting to retain the last significant remnants of the cultural and economic diversity that have made this such a world-class city, with today’s hyper-gentrification building off of previous waves of displacement to change the city in fundamental ways.

Sure, this struggle between capital and community has been part of San Francisco since its founding, a dynamic that animates our civic life and feeds important political movements that trickle out across the country. And local writer/historian Chris Carlsson has a great article documenting those movements, from the Freeway Revolt of the 1960s to the pro-tenant and anti-displacement activism around the last dot.com boom.

“Read one way, this short history demonstrates the relentless power of money in defining who is a San Franciscan and who can stay and who must go. But read another way, this history shows that there is historic precedent for optimism that the worst consequences of today’s creative destruction of the city can be averted if we know and use our history,” Carlsson wrote.  

But in a Q&A interview with author Rebecca Solnit, both celebrates that dynamic and explains why things are different this time: “You can image San Francisco as full of dynamic struggle that’s been pretty evenly matched between the opposing sides since the Gold Rush. There have always been idealists and populists and people who believe in mutual aid in the City of San Francisco. And there have also been ruthless businessmen and greedy people: the ‘come in and get everything and be accountable to nobody and hoard your pile of glittering stuff’ mentality has been here since the city was founded. But it has not been so powerful that it has rubbed out the other side.

“Now, however, it feel like Silicon Valley is turning San Francisco into its bedroom community. There’s so much money and so much power and so little ability to resist that it is pushing out huge numbers of people directly, but it is also re-creating San Francisco as a place that is so damn expensive that nobody but people who make huge amounts of money will be able to live here.”

After building off of previous gains, the capitalists of today, those who refuse to even acknowledge the political landscape and dynamics that have been developed over generations, seem to be moving in for the kill, armed with more powerful weapons of accumulation and displacement than their predecessors had or were willing to deploy.

“So what’s the matter with San Francisco? It’s becoming a bedroom community for Silicon Valley, while Silicon Valley becomes a global power center for information control run by a bunch of crazy libertarian megalomaniacs. And a lot of what’s made San Francisco really generative for the environmental movement and a lot of other movements gets squeezed out. And it feels like the place is being killed in some way,” Solnit said.

Yet the issue pointedly avoids falling into us-vs.-them traps or trite demonization of techies, ultimately seeking to provide a more nuanced look at the city’s current cultural and economic clashes than the various East Coast publications have brought to the task. And the best of it is “The Death of the City? Reports of San Francisco’s demise have been greatly exaggerated.”

Written by Rachel Brahinsky, a former Bay Guardian staff writer who is now a professor at the University of San Francisco, the article echoes other concerns about the threats and challenges facing San Francisco, but she finds a potential “seed of the solution” in the city’s current zeitgeist.

For one thing, she challenges the convenient blaming of “techies” for the problems facing San Francisco, noting that some of the city’s best progressive organizing has been done by those with skills and/or jobs in the technology sector, often by people who despise the corporate managers and investors who run the industry as much as outsiders do.

“The problem isn’t tech, but corporate tech,” she writes.

Brahinsky also urges readers to broaden their lenses to consider San Francisco as part of the broader Bay Area, which now much confront the growing challenges of rising economic inequality and gentrification as a region, using the clashes here as a catalyst to finally pursue what she calls “ethical urbanism.”

“What is to be done? There is no lone policy shift that will salve these corporate tech wounds. There are many good solutions under debate now; with continued pressure they may become law in the same way that rent control moved from impossible to mainstream in 1978,” she writes.

The prescription she then offers includes fostering greater community engagement, developing regional policies that promote “community development without displacement,” not blaming techies for the sins of landlords, finding ways to increase the density of development without displacing or sapping vital public services, using open source tech tools to increase awareness and broaden the progressive movement, and “you need to fight like hell for the kind of city you want.”

Finally, in closing, she writes, “The San Francisco region’s most potent dreams are made of the kinds of struggles that refuse the sweeping change brought by the economistic forces of urbanism. What we witnessed in the winter of 2014 was a reawakening of this side of ‘San Francisco,’ a part of the city as mythic and real as the Gold Rush. The ongoing cacophony of protests, corporate tech-activist happy hours, housing lectures and forums, and the ballast of anti-eviction committees brought together by two months of tenants conventions are all signs of this legacy regathering steam. What happens next?” 

City agencies defend their slow response to Airbnb’s illegal rentals

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More information has been coming out about how Airbnb is used to convert San Francisco apartments into tourist rentals — including an interesting study reported by the San Francisco Chronicle last weekend — in advance of next month’s hearings on legislation to legalize and regulate short-term rentals.

But questions remain about why the city agencies in charge of regulating such “tourist conversions,” which have long been illegal under city law, have done so little to crack down on the growing practice. For more than two years, we at the Guardian have been publicly highlighting such violations, which have finally caught fire with the public in the last six months.

Even Mayor Ed Lee — who has helped shield Airbnb from scrutiny over its tax dodging and other violations, at least partially because they share an investor in venture capitalist Ron Conway — has finally said the city should pass legislation to regulate the company, as Sup. David Chiu is trying to do.

But attorney Joseph Tobener, who has represented clients evicted to facilitate Airbnb rentals and has brought a number of such lawsuits on behalf of San Francisco Tenants Union, still can’t get city departments to issue notices of violation even for the most egregious offenders that he’s suing, an administrative prerequisite to filing a lawsuit.

“The Department of Building Inspection and the Department of Planning need to start shutting these violators down by enforcing the existing laws, or we need stricter laws that allow us to pursue our claims without City approval.  Two months ago, we sent our requests to pursue landlords on behalf of the SFTU.  Then, radio silence.  Two months of utter inaction. Someone in charge does not want to see us close the loophole that is allowing landlords to take units out of our housing stock,” Tobener said.

The Chronicle investigation found that in San Francisco, 1,278 Airbnb hosts in San Francisco were managing multiple properties (Chiu’s legislation would limit hosts to their primary residence for just 90 rental nights per year), including 160 entire homes that tourists appear to be renting out full-time. Overall, the paper counted 4,798 properties for rent in San Francisco through Airbnb, 2,984 of which were entire homes, belying the “shared housing” label favored by the company and its supporters.

And even though groups like the San Francisco Apartment Association and SFTU say they have been actively trying to get the city departments to crack down on such illegal uses over the last year, representatives for DBI and the Planning Department say they’ve received few complaints and therefore issued few violations, while also saying they need more resources to regulate the problem, something Chiu’s legislation would begin to help address.

“Our enforcement process is complaint based and we investigate each complaint that is received by our Department (more than 700 per year).  Complaints regarding short term rentals that result in the loss of housing are prioritized for enforcement,” Planning Department spokesperson Gina Simi told the Guardian.

She said that property owners are given the opportunity to correct a violation before being cited, something that she said happens in about 80 percent of cases.

“A case is opened for every complaint received. Since March 2012, we have had approximately 120 enforcement cases for Short Term Rentals.  In each case, notices were sent to the property owner and approximately half (54) have been abated and half (66) are active cases.  Many of these (approximately 30) were received since the beginning of April 2014,” she told us when we inquired about the issue last month.

As for Tobener’s charge that city agencies are dragging their feet and making it difficult for his clients to pursue relief from the courts, she said, “The ability for interested parties to pursue the matter through civil action (for injunctive or monetary relief) following the filing of a complaint and determination of a violation is a process outlined in Chapter 41A, which is enforced by the Department of Building Inspection.  Enforcement under the Planning Code does not allow for interested parties to seek civil action.”

But DBI spokesperson William Strawn said his department hasn’t received many complaints, claiming to have gotten just three total through the end of last year.

“A few weeks ago, per Mr. Tobener, we did receive seven complaints, with documentation, that the Housing Division is still reviewing; and, per [DBI Chief Housing Director Rosemary] Bosque, we also recently received an additional seven complaints – for a current total of 14 – that also are under review and being scheduled for administrative review hearings, as required by Chapter 41A,” Strawn told the Guardian.

But he also pointed his finger back at the Planning Department as the agency that should be handling problems related to the short-term stays facilitated by Airbnb.

“Given that these ‘duration of stay’ issues are Planning Code matters – a point we have made to Supervisor Chiu, and which I know you discussed with the Planning Director {John Rahaim] during Supervisor Chiu’s media availability on this issue a few weeks ago – the role of the Building Department in the enforcement of these types of complaints in our relatively new Internet Age will require guidance from the City Attorney,” Strawn told us.

Indeed, in response to a Guardian question about why the Planning Department seems to have ignored violations facilitated by Airbnb, Rahaim said that his department hasn’t had the resources, tools, and authority to address the problem, even though, “This is an important issue we’ve been hearing about for quite some time.”

Breaking the chains

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steve@sfbg.com

San Franciscans have always been wary of chain stores, more so than residents of any other major US city, none of which have taken on the ever-expanding national corporations and their homogenizing impact on local communities as strongly as San Francisco.

In the decade since San Francisco first adopted trail-blazing controls on what it calls “formula retail” businesses, those restrictions have only gotten tighter for various commercial districts around the city as elected supervisors seek to prevent big companies from taking over key storefronts from local shopkeepers.

But now, as the Planning Department and Mayor’s Office push a new set of formula retail regulations that they say standardizes and expands the analysis and controls for chain stores throughout the city, neighborhood groups and small business advocates are decrying aspects of the proposal that actually weaken those controls.

Most controversial is the proposal to almost double the number of outlets that a company can have before it is considered a formula retail business, going from up to 11 stores now up to 20 under the proposal, which was approved by the Small Business Commission last week and heads to the Planning Commission next month.

Opposition is particularly strong in North Beach, one of two neighborhood commercial districts that have an outright ban on formula retail business (Hayes Valley is the other) and where residents are organizing to fight the proposal at the Board of Supervisors and at the ballot if necessary.

“The Planning Department proposal to redefine what a chain store is flies in the face of the voters’ will and 10 years of successful chain store policy,” Aaron Peskin, the former Board of Supervisors president from North Beach who sponsored the ordinance banning chains there, told the Guardian.

The citywide voters he refers to are those who approved Prop. G by a wide margin in 2006, defining formula retail business as having 11 or more outlets with common branding and merchandise and requiring that they obtain a conditional use permit before opening in most neighborhood commercial districts, thus giving local residents a vehicle to stop those projects.

Although Prop. G allows the city to update its standards and definitions regarding formula retail, Peskin and others said throwing out the negotiated number of 11 outlets undercuts “the fundamental underpinning of the formula retail controls.”

The Planning Department proposal also does nothing to prevent big national chains from creating spin-offs to circumvent the controls, a growing trend that raised controversy in the last few years, including when Gap subsidiary Athleta opened a store on Fillmore Street and when Liz Claiborne owner Fifth & Pacific Companies tried to open a Jack Spade store in the Mission District.

Those two controversial provisions in the Planning Department proposal aren’t in rival legislation by Sup. Eric Mar, who has long been a champion of expanding controls on chain stores. Both the Mar and Planning Department legislation will go before the Planning Commission on July 17, and they could be either merged or move forward as rival proposals.

“We’re hoping this legislation moves forward as quickly as we can,” Mar told us. “We’re losing neighborhood character in many areas.”

 

WEAK LINKS

For all the indignant opposition to the Planning Department proposal expressed at the June 9 Small Business Commission meeting, where mayoral appointees led that body’s 4-2 vote approving the measure, the planners who developed it say they’re actually trying to expand the controls on chain stores.

Senior Policy Advisor AnMarie Rodgers and Project Manager Kanishka Burns sat down with the Guardian to go through details of the proposal and a May study it was based on, “San Francisco Formula Retail Economic Analysis,” by Strategic Economics, as well as an earlier study by the Controller’s Office.

“Our department is super committed to encouraging the diversity of neighborhood commercial districts,” Rodgers told us, acknowledging that small businesses often need protection from deep-pocketed corporations that can pay higher rents and enjoy other competitive advantages over mom-and-pop stores.

Rodgers cited studies showing that local small businesses circulate more of their revenues in the city than big chains, boosting the local economy. That’s one reason why the Planning Department proposal expands formula retail controls to include the categories business and professional services (including Kinko’s and H&R Block), limited financial services (including street front ATMs and small banking outlets), and fringe financial (such as check-cashing and payday loan outlets).

The new controls would also count a company’s outlets in other countries and locations that have been leased but not yet opened, it would expand some of the neighborhoods subject to formula retail controls, and it would require formula retail businesses to minimize their signage on the street, improve their pedestrian access, and fund more detailed analysis on their impacts on the local economy. Big box stores, in particular, would be required to submit to even more detailed economic impact studies.

Many of these same provisions are included in the Mar legislation, which also goes further in including gyms, gas stations, smoke shops, strip clubs, massage establishments, and various automotive businesses under the formula retail controls. Like the Planning Department measure, Mar’s also requires more data for formula retail applicants.

“We want to make chains fund economic impact statements before they go into the neighborhoods,” Mar said, noting how those studies will allow city officials to make better decisions about whether to approve formula retail applications.

Stacy Mitchell is the senior researcher for the Institute for Local Self-Reliance, an organization that has been working with San Francisco on its formula retail controls since their inception. She applauds the city’s current efforts to create more comprehensive guidelines and to require more economic analysis.

“San Francisco doesn’t have a good mechanism for fully evaluating the economic impact of these proposals,” Mitchell told us, calling the Planning Department and Mar efforts “a really good place to start the conversation.”

But Mitchell said that she doesn’t want to weigh in on what specific number of outlets may be right, saying city officials just need to decide, “What is the right balance and mix and how do we want to handle it?”

Rodgers told us the Planning Department legislation will expand the number of businesses that fall under formula retail controls, even as the threshold is raised to 20 outlets, although she couldn’t quantify exactly how much.

But critics are focusing on aspects of the proposal that loosen current restrictions, noting how that cuts against the trend in recent years of supervisors seeking to tighten restrictions in their districts, creating a hodgepodge of legislation that the Planning Department was trying to overcome with comprehensive new legislation.

 

WHAT’S A CHAIN?

The Planning Department’s new threshold and the arguments being made to support it rely heavily on making the case that three specific homegrown companies should be excluded from formula retail protections: Philz Coffee (with 14 stores), Lee’s Deli (13 outlets), and San Francisco Soup Company (16 locations).

“Right now, we would treat Philz the same way we treat Starbucks,” Burns said, noting that Starbucks has more than 20,000 outlets.

“Can’t you cut a break to the businesses that started here?” was a question that Rodgers says helped shape development on the regulations. The Strategic study found that about 5 percent of the retail establishments in the city had 11 to 20 outlets, while another 4 percent had 21-50 outlets. “We’re just trying to find the sweet spot.”

Yet Peskin said the change doesn’t make sense, and it’s just a way to give special treatment to a handful of local companies with political connections, and which have more resources to go through the conditional use process than a true small business.

“They’re basically finding another way to satisfy San Francisco Soup Company, a stalwart member of the Chamber of Commerce,” Peskin said.

Asked how she can seemingly circumvent the will of the voters, Rodgers told us, “It was a voter initiative, but it says the Planning Commission will establish further details.” In fact, Prop. G simply relies on the formula retail definitions that had already been adopted by ordinance started with a measure by then-President Matt Gonzalez in 2004.

But Peskin said the proposal to increase the threshold to 20 is an affront to popular local controls on chain stores, one that has little chance of becoming law.

“I don’t think the Board of Supervisors is crazy enough to go and undo one of the most successful pieces of legislation from the early part of this century. And if they do, then the voters won’t stand for it,” Peskin said, pledging to personally work on the campaign to protect existing formula retail controls.

Mar also said he will defend the current threshold. “The 11 that was written into the legislation was the result of a compromise,” Mar said, noting that Gonzalez initially placed the threshold at four stores and compromised with the business community on 11. “We’re going to do our best to work with our coalition to hold it to 11.”

 

CORPORATE CONTROL

Mar was also critical of the Planning Department proposal for not looking at corporate ownership of subsidiaries, something that his legislation does, stating that companies with a 50 percent or more ownership stake in an outlet get included in the formula retail designation.

“Our proposal has been attacked by people who think we’re over-regulating and those who think we’re under-regulating,” Rodgers told us.

Yet as the June 9 Small Business Commission hearing made clear, supporters of the proposal predictably came from the same business groups that have opposed formula retail controls from the very beginning: San Francisco Chamber of Commerce, San Francisco Association of Realtors, and San Francisco Building Owners and Managers Association.

Representatives from each of those three groups were the only people who spoke in favor of the proposal, each of them declaring it a “balanced” and “data-driven” compromise that they support, even as they argued for loosening the restrictions even more. But the vast majority of speakers were neighborhood activists critical of the proposal.

“Going from 11 to 20 makes no sense at all. Who picked out this number?” Susan Landry, owner of Animal Connection in the Marina District, told the commission. “Please have a conscience and vote for independent businesses.”

But Small Business Commissioner Kathleen Dooley said the vote was just the latest example of a commission stacked with mayoral appointees (including two bankers) doing the bidding of downtown rather than advocating for small business interests.

“Nine supervisors have tightened up the restrictions in their districts, but the Planning Department has gone the opposite way,” Dooley told us. “The irony was it all started with the protests [of chain applicants skirting local controls], but the Planning Department turned it on its head to loosen the restrictions.”

Yet the planners involved on the proposal call that a simplistic view that discounts the comprehensive nature of the new policy, which they say could serve as a model for other cities.

“I think they’ll all catch up to us,” Rodgers said of the other big US cities that have become to explore formula retail controls as local small businesses struggle against competition from chain stores. “We are a national leader on this and we want to get it right.”

Mitchell agreed: “There are lots of conversations going on around the country about how to meet this challenge, and people are watching what San Francisco does.”

Supervisors consider affordable housing half-step

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While the Board of Supervisors today considers placing a measure on the fall ballot that would slow market rate housing projects when affordable housing development drops below 30 percent of total production, it is also slated to quietly approve another item showing San Franciscans actually need more than double that amount of housing.

The 30 percent ballot measure by Sup. Jane Kim is covered by the San Francisco Chronicle this morning, an article that includes Chicken Little quotes from developers and their biggest cheerleaders, who fear the sky will fall if the current flood of luxury housing development is slowed even a little bit.

But those fears are unlikely to materialize given that Kim seems to have steadily weakened her measure since its introduction last month, responding to allies who deceptively warn of a “housing civil war.” The measure doesn’t create the moratorium that many affordable housing advocates have called for, simply a bit more paperwork for developers, and even then it exempts projects with less than 25 units and those bigger developers who file applications by the end of this year.

That sort of tepid approach to building the housing that current San Franciscans actually need belies the official city policy of seeking to build more than 60 percent of new housing for those earning 120 percent of the area median income or below, as spelled out in the Housing Element of the city’s General Plan.

Ironically, the board is scheduled to re-adopt the 2009 version of that plan today. Its approval of that plan in June 2011 was challenged in court by neighborhood groups, and in December the court ruled that the city needed to shore up its analysis of alternatives to comply with the California Environmental Quality Act. That work is now done, so the board today will repeal its 2011 action and re-approve the 2009 Housing Element.

The changes weren’t terribly significant — and besides, the city seems to essentially ignore its Housing Element anyway, even though cities and counties are required by state law to complete them and build their fair share of the affordable housing needed in their region. In rare cases, cities and counties can be fined by the state for not doing so, as was the case with Folsom many years ago when it built only market rate housing.

“Plan for the full range of housing needs in the City and County of San Francisco, especially affordable housing,” reads Policy 1.1 of the Housing Element.

Later in the plan, it spells out just how much housing that should be in San Francisco, based on the Regional Housing Needs Assessment done by the Association of Bay Area Governments: “A total of about 18,880 units, or 61 percent of the RHNA target, must be affordable to households making 120 percent of the area media income (AMI) of less.”

So the supervisors probably shouldn’t stretch too far in patting themselves on the back for a loophole-ridden half-step toward meeting its affordable housing obligations, although we’re happy to see at least some progress in the right direction. 

Shaw’s “housing civil war” is really about influence peddling

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I’m always wary of the BeyondChron stories by Tenderloin power broker Randy Shaw, who uses the website as a propaganda tool for his interests and those of the politicians who he helped get into office, including Mayor Ed Lee and Sup. Jane Kim, as I wrote in last week’s paper.

Sure, they can be a great way to understand what the Mayor Lee and his business community allies are up to, as Shaw floats his little trial balloons that try to frame the city’s political dynamics in the interests of his allies. And now, he’s got San Francisco (aka Modern Luxury) Magazine amplifying those efforts.

For example, did you know that we’re in the midst of a “housing civil war” in San Francisco? No, me neither. But that’s what Shaw declared this week, a declaration that the folks at downtown-friendly Modern Luxury amplified today by reprinting that story.

The tone of the story is a little more even-handed than usual, given that Shaw is being careful not to hurt his close relationship with Kim. But it’s also clearly a shot across her bow on behalf of Lee and the pro-development crowd that Shaw has cozied up to in recent years.

Kim already engages in a delicate balancing act between the progressive community that helped her get elected (which is increasingly restive about the gentrification and displacement that have been fed by economic policies she supported after winning the race in 2010) and the political establishment surrounding Mayor Lee, whom she regularly lavishes praises upon.

Apparently, it’s a dance that she’s performed pretty well, given her lack of serious challengers as she runs for reelection this year. But Shaw’s piece seems to be a subtle public warning to remember where her political bread is buttered, and to not go too far with her proposal to limit luxury condo development when it exceeds 70 percent of the total housing construction.

As with any legislation, the devil is in the details on this one, and Shaw seems to be trying to have a big say in influencing those details by declaring a “war” without identifying any of its combatants or battlefields. Then again, this piece doesn’t seem intended for a general audience, but for those in the back rooms where Shaw truly exercises his power.   

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

Chiu mailer highlights Guardian praise, despite our Campos endorsement

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Politics is dirty business, and I should never underestimate the willingness of politicians to turn any editorial praise they receive into an electoral advantage, distorting the context as needed, a lesson that I was reminded of this week.

Several Guardian readers have called me this week to complain about a mailer dropped on voters by the David Chiu for Assembly campaign, which includes long quotes from Chiu’s endorsements by the San Francisco Chronicle and Bay Area Reporter, as well as positive quotes from the Bay Guardian and San Francisco Examiner.

Although neither the Guardian nor the Examiner has endorsed Chiu — we enthusiastically endorsed David Campos in that race, while the Examiner is waiting until the fall rematch to do endorsements — our readers said the flyer left the impression that we had.

Chiu campaign spokesperson Nicole Derse disputes that view. “It definitely did not leave that impression,” she told me. “We were very clear about who has endorsed.” She said the Examiner and Guardian were included because “it’s important to highlight objective sources like newspapers.”

The Guardian quote was from a July 23, 2013 blog post in which I indeed wrote, “It is Chiu and his bustling office of top aides that have done most of the heavy legislation lifting this year, finding compromise solutions to some of the most vexing issues facing the city.”

It was certainly true at the time, although I received a lot criticism for what I wrote from the progressive community, which pointed out how Chiu had maneuvered himself into the swing vote position on key issues such as condo conversions and CEQA reform. And the compromises Chiu forged actually allowed fiscal conservatives to erode San Francisco’s standing as a progessive city while burgeoning his own political resume.

So I ran another blog post to air those concerns, and then we ran a hybrid of the two in the next week’s paper that closes with this line, “In the end, Chiu can be seen as an effective legislator, a centrist compromiser, or both. Perspective is everything in politics.” BTW, in that original post, I also noted that the Airbnb legislation Chiu was working on should challenge his political skills and reputation, and indeed it took many more months to introduce and has been met by a storm of criticism, becoming the marquee political fight of the summer at City Hall.

After that first post, I also heard from Campos and his supporters predicting that the Chiu campaign would use my well-meaning praise to convey support from the Guardian in a misleading way, a prophecy that has now proven prescient.

But I also think that Campos has done a good job at undermining Chiu’s greatest strength in this election, that of being an effective legislator, by hammering on the reality that things have gotten worse for the average San Francisco because Chiu and his allies have been most effective on behalf of the tech companies, landlords, and other rich and powerful interests that are undermining the city’s diversity, affordability, and progressive values.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Chiu’s campaign counters by overtly and in whisper campaigns saying that progressives can’t be effective in Sacramento, blatantly overlooking the fact that the incumbent he’s running to replace, Tom Ammiano, has been both a consistent, trustworthy progressive, and an effective legislator who has gotten more bills signed than most of his colleagues, even as he takes on tough issues like reforms to Prop. 13 and prison conditions.

And Ammiano hasn’t just said good things about David Campos, his chosen successor — Ammiano has actually endorsed Campos. 

San Franciscans join international Ride of Silence to honor fallen cyclists

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Nearly 100 San Francisco bicyclists joined thousands of pedal-powered citizens from more than 300 cities around the world yesterday [Wed/21] evening for the Ride of Silence, honoring cyclists killed by motorists by riding to the collision spots to leave flowers and signs noting their deaths.

The event started in Dallas in 2003 and it has grown into a global phenomenon in an age when global warming, air pollution, and a mounting death toll have done little to change the dynamics on city streets, where bad design, impatient attitudes, and biased law enforcment continue to give a pass to dangerous, automobile-centered conditions.

San Francisco’s ride came at a particularly poignant moment following a year when a modern record-tying four cyclists were killed by drivers in San Francisco last year: Dylan Mitchell, Diana Sullivan, Cheng Jin Lai, and Amelie Le Moullac. None of their killers faced criminal charges, with the District Attorney’s Office deciding just last week not to charge the delivery truck driver who ran over 24-year-old Le Moullac, despite high-profile attention on the case and a recommendation of criminal charges by the San Francisco Police Department.

Local Ride of Silence organizers Devon Warner and Robin Wheelwright called for greater public awareness of cyclists on the roadways and for drivers to slow down and drive carefully — particularly the commercial vehicle drivers who are responsible for 66 percent of the 34 cyclist fatalities in San Francisco since 2007.

“These are precious humans who are no longer with us, and we want to advocate for change,” Wheelwright said during a pre-ride presentation in the basement at Sports Basement.  

Also speaking at the event was Karen Allen, the mother of Derek Allen, a 22-year-old San Franciscan who was run over and killed by a Muni bus on Oct. 7, 2010. “I’m so honored to be here tonight. I’m honored by the people who put this together,” Allen said.

Escorted by a phalanx of 15 SFPD motorcycle cops, who Wheelwright told us had been tasked for the occasion by an officer who supports cyclists and had heard about the event, the mass of cyclists rode through SoMa, the Mission District, and the mid-Market area to make more than a half-dozen stops honoring fallen cyclists, including some where memorial bicycles or other signage already marked what had happened there. 

Supes won’t let mayor raid CleanPowerSF without a fight

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The Board of Supervisors Budget and Finance Committee today voted to reject the San Francisco Public Utilities Commission budget, an effort by Sup. John Avalos and others to force Mayor Ed Lee to the bargaining table over the city’s neglected sustainable energy infrastructure needs.

“I wanted to get the mayor’s attention and to find a practical way to let the mayor know the Power Enterprise infrastructure needs help, as well as CleanPowerSF,” Avalos told the Guardian. CleanPowerSF would provide electricity derived from renewable sources to enrollees in the municipal program.

After CleanPowerSF was approved by a veto-proof majority on the Board of Supervisors last year, Lee’s appointees to the SFPUC blocked implementation of the program during what should have been a routine vote to set a maximum rate. Then Lee this year raided those funds and transferred them to his GoSolar program.

“Because he raided our funds, I worked with [fellow Budget Committee members Sups.] Eric Mar and London Breed to kill his budget,” Avalos told us, noting that he alerted Lee on Sunday of his intention to do so and never got a response. “It was remarkable that he thought he could just bring this to committee and thought everything was hunky-dory.”

Christine Falvey, the mayor’s spokesperson, said the mayor hadn’t had time yet to develop his next step but “the mayor is committed to funding GoSolar, a program that can start immediately, help us reach our agressive environmental goals and employ San Francisco residents.”

The tendrils of the mayor’s power could be felt even in the SFPUC’s Citizens’ Advisory Committee meeting last night. The committee makes recommendations to the PUC with no authority for mandate, but rather for long-term strategic, financial and capital improvement plans.

As the committee considered a vote to recommend the PUC move forward with CleanPowerSF, the tussle between the mayor and the supervisors reverberated through their frank discussions.

The problem is the mayor is violently against this program,” said Walt Farrell, a committee member from Supervisor Norman Yee’s District 7. He added, “How will you convince them?”

Director of Policy and Administration at Power Enterprise Kim Malcolm was slated to be the Director of CleanPowerSF, but she deflected, saying it wasn’t up to her.

We view our job as, we do what the policy makers tell us to do,” she said.

Jason Fried, executive director of the Local Agency Formation Commission, told the CAC most of the mayor’s concerns regarding CleanPowerSF have since been addressed. 

The mayor critiqued the program for relying on Shell for energy, Fried said, but now Shell is out of the picture.

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Kim Malcolm presents information on CleanPowerSF to the SFPUC Citizens’ Advisory Committee.

He said the program could also possibly provide extra money for Power Enterprise, the city’s Hetch Hetchy powered hydroelectric system. 

Highlighting all the benefits of CleanPowerSF, Jess Derbin-Ackerman, a conservation organizer speaking on behalf of the Sierra Club, urged action.

This program was in the works for ten years,” she said, and “it’s largely been fought because of political attachments to PG&E.”

She noted more than four other counties in Northern California are now shifting to clean power, and San Francisco lags behind.

“Get with it,” she said, “the rest of the Bay Area is.” 

Ultimately the CAC opted to push the vote backing CleanPowerSF until its next meeting, due to absent members. The CAC’s chair, Wendolyn Aragon, supported the supervisors stalling the PUC budget.

“CleanPowerSF has been proven time and time again as a viable source of clean energy,” she told the Guardian. “But if Mayor Lee and the SFPUC Commissioners (whom he appoints) want to keep denying that … it’s time to draw a line in the sand.”

Now that the PUC’s budget has been formally rejected, the agency has $20 million in reserves that it can spend until it comes up with a budget that meets the approval of the Board of Supervisors, as the City Charter requires. In the meantime, Avalos called on Lee to negotiate in good faith with the board.

“The path forward is to negotiate,” Avalos told us. “The mayor has overstepped his bounds on this issue. He is not taking the leadership to convene us together to find a solution.”

Supervisors play politics with Sunshine appointments

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The Board of Supervisors today [Tues/20] considers reappointing three Sunshine Ordinance Task Force members after the board’s Rules Committee last week blocked other qualified nominees, including those named by organizations with designated seats on the board, a move critics say undermines the independence of the body.

SOTF is responsible for holding city officials to the open government ideals of the city’s voter-approved Sunshine Ordinance. When government makes backroom deals or shields public records from disclosure, the ordinance allow citizens (and journalists) to appeal to the SOTF, which rules on whether the ordinance was violated.   

Sunshine advocates say the supervisors are stacking the task force with ineffective political appointees and barring the appointments of qualified, independent candidates. The Sunshine Ordinance, which Bay Guardian editors helped create in the ‘90s, gives New American Media, The League of Women Voters, and the Society of Professional Journalists-Northern California direct appointments to SOTF, pending supervisorial approval.

The SPJ appointed Electronic Frontier Foundation staff attorney Mark Rumold, who works on EFF’s Transparency Project and has uncovered documents exposing federal surveillance activities, and Ali Winston, a local journalist who has broken big stories for the Center for Investigative Reporting and other media outlets using public records.

Rumold is considered one of the leading Freedom of Information Act litigators in the country, but was humble in his appointment interview at the Rules Committee. “I’m hoping to apply my experience to the task force to make San Francisco an open and more efficient government,” he said.

But those appointments and others were blocked last week at the Rules Committee by Sup. Katy Tang, who told the Guardian, “Personally, I would have liked to see stronger applicants,” claiming that they didn’t seem to have a good understanding of the Sunshine Ordinance and that she wanted more ethnic diversity on the body.

Yet the backdrop of these blocked appointments is a running battle that the SOTF has had with the Board of Supervisors over the last couple years, stemming mostly from the SOTF finding that some supervisors violated the ordinance in 2011 by not making public a package of late amendments while passing the massive Parkmerced project.

The City Attorney’s Office disagreed with the SOTF interpretation, just as it did earlier that year when the SOTF voted to change its bylaws surrounding how a quorum is calculated. They were the latest battles in a longstanding battle between SOTF and the City Attorney’s Office, which sunshine advocates criticize as being too lenient on city agencies that refuse to release documents.

“I was around when the Sunshine Ordinance Task Force decided to change some of the rules against the advice of the City Attorney’s Office,” Tang told us, calling such actions improper conduct and saying she won’t support any SOTF members who took part in that vote.

Thomas Peele, who co-chairs SPJ’s Freedom of Information Committee, which made the appointments, told us that he understands Tang’s points about diversity, but he doesn’t understand why Rumold and Winston were rejected, calling them strong candidates.

“We put up excellent, well qualified candidates,” he said. “One of the country’s leading FOIA lawyers and a very good police watchdog reporter doing work with Propublica and CIR.”

While critics contend the Tang and other supervisors are trying to weaken SOTF as a watchdog agency, Tang told us it wasn’t about SPJ’s appointments, noting that she also delayed the League of Women Voters appointment of Allyson Washburn. But she said all remain under consideration and could come up for a vote next month.

“I have every intention of supporting someone put forth by those organizations,” Tang told us. “I will have a conversation with both those organizations about their nominees.”

The SOTF has long struggled to fulfill its mandate. It has little means of enforcing its rulings, which usually require further actions by the City Attorney’s Office or the San Francisco Ethics Commission to have teeth.

After the Rules Committee blocked the reappointment of Bruce Wolfe in 2012, citing his role in defying the City Attorney’s Office, it was essentially dormant for more than four months because it couldn’t meet without a seated member from the disability community, until Bruce Oka was finally appointed in November 2012.

Currently, the Sunshine Task Force has a backlog of over 62 complaints against city agencies for not adhering to the city’s sunshine records policies, dating back to 2012. The three re-appointments the Rules Committee did approve, which will go before the Board of Supervisors today, are Todd David, David Pilpel and Louise Fischer — none of whom have much support among longtime Sunshine Ordinance advocates.

“The supervisors,” Peele told us, “appear to have an issue with having a strong Sunshine Task Force.”

Karen Clopton, past president of the League of Women Voters said she was disappointed that Washburn, a former League board member, wasn’t appointed and said the SOTF should be independent: “It’s extremely important for us to make sure we entrust such an important task to an individual who is trustworthy, nonpartisan, and devoted to nonpartisanship.”

Ammiano’s Prop. 13 reform bill moves forward with unlikely business community support

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Assemblymember Tom Ammiano’s (D-SF) legislation to close a state loophole that has allowed big corporations and other commercial property owners to avoid paying higher property taxes that normally come when land is sold is moving toward becoming law after yesterday getting some unlikely support from the business community.

Assembly Bill 2372 would overturn state laws passed in the wake of Proposition 13, the landmark 1978 measure capping annual property tax increases until a property is sold, that define an ownership change as occurring only when a single purchaser buy more than 50 percent interest, a threshold easily avoided by creating shell corporation and LLCs.

“It costs the local jurisdictions a lot of money that could be going to potholes, teacher, or whatever,” Ammiano Press Secretary Carlos Alcala told the Guardian. “When I buy a house, I have to pay the increased property taxes, and when you buy a commercial building you should have to pay that increased tax.”

AB 2372 changes the threshold to allow reassessment if an owner sells 90 percent of his/her/its interest in a property, not matter how many ways the new controlling interest is sliced up. The California Chamber of Commerce and the usual business groups had opposed the measure, but they withdrew that opposition yesterday as the bill cleared the Assembly Revenue and Taxation Committee, thanks to some minor amendments and political finessing by committee Chair Raul Bocanegra (D-San Fernando Valley), who has pledged to sign on a co-sponsor.

“Now we have a bill that does exactly what I wanted, and yet it has the support of the business community,” Ammiano said in a prepared statement. “I’m grateful to Assemblymember. Bocanegra for helping with amendments that would remove opposition and make it clear that we are not targeting the average property owner. The average Californian is who we are trying to protect.”

“Homeowners are consistently reassessed but other properties aren’t,” Assemblymember Phil Ting (D-SF) — a committee member and former San Francisco Assessor — also said.

A spokesperson for the California Chamber of Commerce — a powerful conservative lobby and fierce defender of maintain Prop. 13 protections for commercial property — confirmed for the Guardian that it has changed its position on the bill, citing the amendments.

The conservative California Business Properties Association and the California Tax Reform Association also followed the Chamber in deciding to support the bill yesterday, according to Ammiano’s office, and even the Howard Jarvis Taxpayers Association — named for the author of Prop. 13 — has dropped its opposition to the measure. A statement by Ammiano’s office said sudden about-face “led one Republican committee member to refer to hell freezing over and pigs flying.”

But sources close to the action also say it was the work of Bocanegra — whose committee is crucial to legislation involving business interests — and a recent Field Poll showing 69 percent of Californians support closing this loophole and just 17 percent are opposed that may have made the difference.

At the hearing, Bocanegra thanked Ammiano for tackling “something that’s vexed us policywise in the state for a very, very long time.”