Steven T. Jones

Guardian forum examines who San Francisco is building housing for

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Our original intention for “Housing for Whom?” — a Bay Guardian community forum tomorrrow night (Wed/23) at the LGBT Center — was to look at the hottest items on an otherwise lackluster fall election: Propositions B and C, which would allow a controversial waterfront luxury condo project to be build at 8 Washington St.

So we booked key proponents on the each side the measure: Jon Golinger, president of the Telegraph Hill Dwellers and a key opponent of the project; and Tim Colen of the Housing Action Coalition, one of three proponents of Prop. B. We’re excited to hear what they have to say and to discuss the measures.

But in the weeks since then, there’s been explosion of public concern over the related issues of gentrification and evictions, accompanied by a renewal of progressive activism that has scored some notable victories, all of its set against a skylight of construction cranes building a glut of high-end housing in Upper Market and other areas.

So we’ve decided to broaden our discussion to look at the implications of the city’s current housing and economic development policies, examining what the San Francisco of the the future will look like if we continue on our current course and what can be done to control our destiny.

To help guide that discussion, our panel will also include Fred Sherburn-Zimmer, an activist with the Housing Rights Committee who recently went through her own personal eviction battle; and Peter Cohen of the Council of Community Housing Organization, who will offer an overview of the housing now being built and the challenges in meeting the needs of current city residents.

We’ll also be turning to you, Guardian readers, for your input and observations. And to help with that, the crowd will include veterans of the successful recent campaign to prevent high-ending clothing chain Jack Spade from opening a store in the Mission and the struggles to prevent the Lee family eviction and a mass eviction on Market Street that would be the biggest single eviction since the I Hotel.

Moderating the discussion will be yours truly, Editor Steven T. Jones, and News Editor Rebecca Bowe. So come join us from 6-8pm at on the fourth floor of the LGBT Center, 1800 Market St.   

BART reaches tentative deal with unions, ending the strike

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The BART strike ended this morning — the second four-day strike of the current labor contract impasse, both of which hobbled the  Bay Area’s transportation system — after the district reached a tentative contract with its three unions late last night.

The agreement was spurred by the tragic deaths of two BART employees on Saturday and by yesterday’s National Transportation Safety Board revelation that the train that struck the workers was being used by the district to train drivers, presumably in preparation for offered limited public service during the strike.

“We are pleased to announce that we have reached a tentative agreement with union leadership that will bring the trains back into service, starting tomorrow, while union members consider the agreement and vote on it,” BART General Manager Grace Crunican said in a public statement issued at 10pm last night, withholding details of the deal. “This is a good package for our union members while still allowing the District to make the necessary investments in our infrastructure. That investment is critical to the future of the Bay Area.”

Union sources tell the Guardian that Saturday’s tragedy definitely created the conditions to reach an agreement, with the district softening its hardline insistence on its “last, best, and final offer” and the unions agreeing to some work rule changes, which they say the district and media had mischaracterized their position on. Technological modernizing will go through, but the unions retained authority over safety and other working conditions. 

For more on the breakdowns that led to the strike, the circumstances surrounding Saturday’s accident, and the aftermath of that tragedy, read tomorrow’s Guardian print edition, which goes on line this evening. 

BART workers say the district deliberately caused the strike

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Photos by Tim Daw

Members of BART’s three striking unions gathered, rallied, and picketed outside the Lake Merritt BART station in Oakland for much of today, many of them still openly grappling with yesterday’s surprising turn of events that put them in the position of going out on strike for the second time this year.

As BART spokesperson Alicia Trost and SEIU Local 1021 President Roxanne Sanchez both confirmed this morning on KQED’s Forum, it was the district’s 11th hour demand for more authority to set work rules that caused negotiations to break down after days of intensive talks had gotten the two sides close to an agreement on the other issues.

BART officials such as Trost and BART Board President Tom Radulovich (who hasn’t yet returned our call for comment) publicly cast the work rule issue as about the district’s ability to modernize, citing how the district is still using fax machines and paper pay stubs rather than fully converting to electronic communications, blaming the requirement to consult with unions on procedural changes.

But Local 1021 Political Director Chris Daly told the Guardian that the pair had “completely mischaracterized” the conflict, and he speculated about whether Radulovich — who must approve the contracts but hasn’t been a party to the talks — was “being lied to” by BART’s management team and labor consultant.

Daly and other union leaders say work rules such as requiring union approval for changing past practices related to scheduling, hours, and the kind of tasks workers perform are essential to protecting things like the eight-hour workday, worker safety, and whistleblowing and free speech rights.

“We had a basic framework understanding on the economics, but then BART illegally tied that to this work rule change on past practices. And what that meant for us is in order to get a reasonable economic package, we needed to swallow this poison pill,” Daly told us.

George, a train engineer at the rally who wouldn’t give us his last name, said the work rules have been developed over decades and are important to the management-worker balancing act, but that they shouldn’t be a barrier to modernizing.

“We have long term work contracts because we’re here for the long haul and the employer is here for the long haul, so we try to work these things out,” he told us, saying that the workers strongly support their union leaders and have told them, “Do not bring us back a lousy offer to vote on, do your job.”

But not all BART workers feel that way, and some have supported the district’s demand that the union put its “last, best, and final offer” up for a vote of the membership.

“I’m really pissed. Obviously there’s been a decision in our union. I don’t think the union is representing us, the [transit vehicle mechanics]. Nobody wanted to strike, not us,” said Robert Earl Bright, a BART engineer/mechanic profiled in the Guardian this summer. “None of the TVMs wanted to strike. Work rules, I have no concept.”

SEIU Local 1021 Executive Director Peter Castelli told the the Guardian that he understands the concerns of workers like Bright, but that he think most members will support the decision to strike once they get more information.

“It’s a fast evolving situation, with the stewards and union leadership saying ‘we gotta go out.’ So explaining things to our own membership takes time. But it shows the unity and how they trust their leadership,” Castelli told us.

He ridiculed statements by district officials that the unions are resisting modernizing the system. “We’re not afraid of technology, so that’s really grasping,” Castelli told the Guardian. “Some of the people in BART have technology degrees and they’re keeping the trains from wrecking, so we’re not afraid of technology.”

Instead, both Daly and Castelli said that the district was deliberately trying to provoke a strike by making a last minute demand that it knew would be unacceptable to the unions. “It’s to make us strike. The public is devastated by this, and for good reason, and we’re very sympathetic. So they’re thinking that, ‘Maybe we make them strike one more time and they’ll fold,” Castelli told us. “Our only other option is submission and surrender.”

Homeless advocates fight Wiener’s effort to close parks at night

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The Coalition on Homelessness has launched a campaign to defeat Sup. Scott Wiener’s legislation to close down all city parks and most major plazas from midnight to 5am, which the Board of Supervisors is set to consider on Oct. 29. Activists are targeting three swing votes who could decide the controversial issue: Sups. London Breed, Norman Yee, and Katy Tang.

In an email blast to supporters, COH urged people to contact those three supervisors to raise their concerns, even suggesting a script that includes these arguments, “It further eliminates access to public space for all, it will displace homeless people, and is a waste of city funds.”

COH Executive Director Jennifer Friedenbach told the Guardian that she has the support of the four most progressive supervisors — John Avalos, David Campos, Jane Kim, and Eric Mar — and that she just needs two of the three swing votes that COH is targetting to kill the measure outright and avoid the kind of compromise that has become Board President David Chiu’s specialty this year.

She said the measure would be particularly harmful to the homeless LGBT community and other vulnerable populations that seek refuge at night in Golden Gate Park and other hidden spots, but that it’s bad for everyone. “It forces them out into the storefronts and streets and neighborhoods and nobody will be happy with that,” she said.

Wiener denies that the measure is aimed at the homeless, telling the Guardian that his intent is to address graffiti, illegal dumping, and damage done to park facilities overnight. “We’ve had an epidemic of vandalism in our parks and it’s getting worse,” Wiener told us. “It’s a significant problem and it absolutely degrades people’s ability to use the parks.”

Friedenbach said she appreciates that Wiener isn’t aiming his rhetoric at the homeless, even though she said that’s who will be most effected by it.

“It’s great in terms of not bashing homeless people, but we know everytime something like this comes up, it increases public anger toward homeless people,” she told. And she notes that the measure is being trumpeted by people who do want to use it to go after the homeless, including Mayor Ed Lee, who went off script last month and told the Examiner that he hopes the measure will be a tool to clear the homeless from Golden Gate Park.

“The mayor said it was a great idea because we need to get the homeless people out of the park,” Friedenbach told us, noting also that, “Wiener has had a thing of going after homeless people.”

Wiener denies that this is about the homeless, and he responded to Lee’s comments by telling us, “I can’t speak for anyone else.” He also said that it’s already illegal to sleep in the parks and “to the extent the police want to do sweeps in the parks, they can already do so.”

The measure would apply the closing hours to all property controlled by the Recreation and Parks Department, which includes every city park and the city’s largest plazas, including Civic Center Plaza, Justin Herman Plaza, and Union Square.

“One thing people don’t think about is this also applies to the plazas,” Friedenbach told us. “A lot of our plazas are hangout spots late at night, and there’s no reason they shouldn’t be.”

Wiener said that small plazas, such as Harvey Milk and Jane Warner plazas in the Castro, aren’t under RPD jurisdiction and therefore aren’t effected by his legislation. And he said the ordinance was already modified to allow people to walk through the affected plazas without stopping, and that he’s open to further amendments.

As for his chances of success in the face COH’s activism on the issue, he told us, “I’m not sure what’s going to happen on the 29th.”

BART on strike after talks break down UPDATED

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Buckle up, Bay Area, BART workers go on strike at midnight. After intense negotiations over the last few days, the two sides have failed to reach an agreement.

Leaders of the two unions fault the district for refusing to bend on the “last, best, and final” offer that it issued a few days ago. They say agreements have been reached on pension and health care contributions, but that the two sides remain far apart on pay and benefits, and the unions say the district rejected their offers to settle the remaining disagreements through binding arbitration.

[UPDATE: On KQED’s Forum this morning, BART spokesperson Alicia Trost and SEIU Local 1021 President Roxanne Sanchez each said it was the district’s 11th hour demand for more authority over work rules that led talks to break down. While Trost casts it authority to make changes like switching from faxes to email, Sanchez said the issue is more fundamental: protecting the eight-hour workday, giving workers predicability in scheduling, and preventing punitive changes aimed at whistleblowers and union activists — essentially, preventing union busting. Sanchez wants that issue submitted to binding arbitration, the district has refused, with Trost saying the district isolate it from the pay and benefits, where Sanchez said the sides have agreed to a “basic framework.” BART workers and union officials are current gathered at Lake Merritt Station and we’ll have more on the strike and contract impasse later in the day.]

Both sides are blaming the other for a strike that will likely have a huge impact on the Bay Area, particularly if it drags on past tomorrow (Fri/18).

Meanwhile, BART General Manager Grace Crunican issued the following statement after talks broke down:

“I am very disappointed that even after six months of day after day, night after night intense negotiations we are still unable to reach a deal. It hasn’t been all for nothing, we were able to make progress but a large gap remains.

“Today I gave an updated final offer to the unions on behalf of the Board. It reflects the limited progress we’ve made over the past four days of work and it addresses the essential work rule efficiencies BART desperately needs to modernize our operations.

“The package is a 3 percent raise per year for a total of a 12 percent, with a chance to earn up to $1,000 a year if ridership grows. It calls for contributions of 4 percent for pension and 9.5 percent for medical.  I think the offer is good for the workers and good for BART. We’ve given our unions until October 27th to consider the offer and take it to a vote of the members.

“I appreciate the riders’ and the Bay Area’s support in standing by us during these difficult negotiations. We are not going to agree to something we can’t afford. We have to protect the aging system for our workers and the public.

“Thank you to the mediators that were involved, BART staff, and Caltrans for their hospitality.

“We gave it our all and it didn’t come together and that is disappointing to everyone involved. We have a lot to do to build the future: a new fleet of rail cars, modern stations, better access, and a stronger partnership with our unions. I believe we can get there, but we have to get there together.”

Information on alternative commute options can be found at www.bart.gov andalert.511.org

Campaign cash still flows during lackluster election cycle

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We may be headed for the most widely ignored election in many years on Nov. 5 — with very low turnout expected to decide the four measures and validate the four largely unopposed incumbent officeholders — but that hasn’t stopped the regular flood of campaign contributions.

The biggest spending this cycle has been by proponents of the 8 Washington waterfront luxury condo project, who have spent at least $857,224 so far to pass either Props. B or C, according to filings with the San Francisco Ethics Commission. San Franciscans for Parks, Jobs and Housing has been funded primarily by the project developers Pacific Waterfront Partners (which just kicked in another $200,000 late contribution on Oct. 11) and contractor Cahill Construction, although even Mayor Ed Lee’s campaign committee recently kicked some cash to the effort.

By contrast, the opposition group to the project and measures, No Wall on the Northeast Waterfront, has spent less than half what the developers have, or just over $400,000. But the group is still sitting on the some of the $553,626 that it’s raised so far, waiting for the home stretch. It’s campaign also got a boost today with the San Francisco Examiner endorsed the No on Props. B&C position, surprising some 8 Washington supporters. 

Assessor-Recorder Carmen Chu has no opposition in her first election since being appointed to the job earlier this year, but that hasn’t stopped her prodigious fundraising, taking in $177,425 and sitting on more than $84,000 in the bank as of Sept. 26. Perhaps Chu and her treasurer Jim Sutton — a bag man for various campaigns and schemes cooked up downtown — are flexing their muscles with an eye toward the future.

Another darling of downtown and the Mayor’s Office, Dist. 4 Sup. Katy Tang, has also been raising big money against only token opposition, taking in $169,329 for this year’s race. City Attorney Dennis Herrera has also raised a significant $127,875 for his one-horse race.

But unopposed Treasurer-Tax Collector Jose Cisneros has kept his fundraising in the realm the reasonable this year, collecting $47,441, and perhaps demonstrating the fiscal prudence that we hope to see in someone of his position.

The next round of pre-election campaign finance disclosures are due Oct. 24. For information on all the measures and candidates, read our endorsements here. 

Commodifying urban real estate hurts the culture of big cities

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When urban real estate is turned into merely a commodity — or just another safe place for the wealthy to park their cash in uncertain economic times, while also providing pied-a-terres in which to crash a few times a year — it tears at the social fabric of big cities such as San Francisco, New York City, and London.

That’s been the message in some excellent, widely circulated articles in the last week or so — including David Byrne’s Guardian article about New York City and “London’s Great Exodus” in Sunday’s NY Times — and it’s one that San Franciscans should be thinking about as we work through current eviction and gentrification battles and vote on the 8 Washington project through Props. B&C in a few weeks.

It’s also something that we’ll be discussing at Housing for Whom?, a free community forum that the Guardian is sponsoring on Oct. 23 from 6-8pm at the LGBT Center, 1800 Market Street, featuring opponents and proponents of those measures along with other activists and experts.

While both London and New York City may be ahead of the curve in letting capitalists and the real estate market drive away creative types and destroy what once made those cities great, San Francisco isn’t far behind, particularly given its current housing and economic development policies.

Another striking article on the issue comes from San Francisco Urban Research Association Executive Director Gabriel Metcalf, who wrote an article published in The Atlantic on Monday. It repeats his previous calls for San Francisco to build 5,000 new housing units per year and opens with a line many of us have uttered: “My friends keep moving to Oakland.”

But Metcalf (who hasn’t yet returned my calls for comment) also takes this familiar observation and his promotion of market rate housing a step further, basically calling for San Francisco and Oakland to start acting as one city: Rich people in SF, cool people and workers in Oakland, ala Brooklyn and Manhattan.

“If we were one city, San Francisco could spend some of its incredible wealth on the things Oakland needs, like hiring more cops and teachers, not to mention more transit connections between the two cities,” Metcalf writes. “This is not an argument for annexation but a call to think about the answers to our problems from a regional perspective. We can’t solve affordable housing or transit access within the limits of any one city.”

Actually, I’d argue that we can and should solve these problems within our borders rather than just ceding San Francisco to the wealthy. Yes, regional planning is good, and yes, there are things that San Francisco can do for Oakland (perhaps starting with not poaching it professional basketball team).

But regionalism isn’t the same thing as plutocracy — and San Francisco is still worth fighting for rather than just letting it go to the highest bidders.

 

The Gilded Age of Austerity and the breakdown of civil society

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Is this the week that civil society in the US finally collapses? It’s starting to feel that way. Most of the federal government is already shut down, and on Thursday, it could start defaulting on its debts, possibly dragging down the global economy. And here in the Bay Area, our transportation system will descend into gridlock if strikes shut down BART tomorrow and AC Transit on Thursday, as their unions are threatening.

It may not be the End of the World as We Know It, but this is a striking confluence of events that should cause us all to take stock of the things we take for granted, from reliable public transit systems to a functional federal government to the ability of politics to resolve our differences.

This era could be called the Gilded Age of Austerity, a duality marked by huge and growing concentrations of wealth for the few, but for the rest of us: increasing economic insecurity, a tattered social safety net, crumbling public infrastructure, and few signs of hope that things will get better.

Democracy is a fragile experiment that needs to be regularly reaffirmed by all sides. The US electoral system was already heavily skewed toward the interests of the wealthy, who sponsor both major political parties, to the point where many consider elections to be a sham. But there was still a political system, a basic framework for running the country even during tough times, and that seems to be breaking down.

For the radical right-wingers responsible for hobbling the federal government, this might appear to be a dream come true: Most of the regulators furloughed, funding for most social services stopped, and only the police state remains largely intact (86 percent of Department of Homeland Security employees are on the job and soldiers are still getting paid).

But these anti-government ideologues have never fully understood or appreciated the myriad things that government does to keep civil society functioning over the long term. Our economy relies on federal spending, our health relies on the CDC spotting coming epidemics and the FDA inspecting our food, justice needs a civil court system, our travels depend on roads, and our future depends on today’s young people getting educated (ie Head Start) and fed (ie Food Stamps), and that’s all come to a grinding halt.  

It’s a similar situation with public employee unions, like those that operate BART trains and AC Transit buses. As we’ve reported, private sector wages and benefits often rise or fall with those negotiated by unions. So when unions can’t win good contracts or maintain funded pensions for workers, we’re all dragged down. The Gilded Age gets better for the bosses as the Age of Austerity gets worse for the workers.

BART’s unions had an understandable expectation that they would share in the agency’s recent budget surpluses, particularly after accepting wage and benefit concessions of $100 million over the last four years to help with projected budget deficits that never materialized.

BART managers argue that the district has offered enough and that the rest of the money is needed for its ambitious expansion plans, but there should have been a solution here somewhere short of ultimatums (strike vs. the district’s “last, best offer”). They shouldn’t have needed Gov. Jerry Brown to order the recently ended 60-day cooling off period — the same stall tactic that AC Transit is now asking for — in a world where the basic social contract behind civil society was still intact. When the center still held, before the new Gilded Age fused with the Age of Austerity, people of goodwill could find common ground.

“People’s very livelihoods hang in the balance adding to the additional frustration felt throughout the Bay Area today when both parties failed yesterday to reach an agreement,” Mayor Ed Lee said yesterday in a prepared statement about the BART strike as he cancelled plans to leave on a trade mission to China sponsored by business elites to help carry out their agenda.

Yes, people’s very livelihoods — and their quality of life, and sometimes, their lives — are at stake in these political struggles, those I mentioned and those happening in San Francisco around gentrification and taxation. Anyone who thinks that modern capitalism is sturdy enough to withstand any shock doesn’t have a very good grasp of either economics or history.

Maybe we’ll pull ourselves back from the brink and learn our lessons. Or maybe we’ve entered the endgame, a place where the desperation of those living in the Age of Austerity finally matches the greed and self-interest of those living in the Gilded Age, where one must defeat the other to survive, like two fighting birds plummeting to the ground in a death spiral.

And if that’s the case, are we ready for the next era? Have we sown our seeds and tended our gardens? It took World War Two to really get us out of the Great Depression, and I’d like to think we’ve evolved since then. But this week, I’m not so sure.  

Activists score big victory as Jack Spade gives up on the Mission

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Score one for people power. Anti-gentrification activists in the Mission scored a major victory last night in their months-long battle to keep Jack Spade, an upscale men’s clothing chain, from opening a store on 16th Street — first by winning over the Board of Appeals, then by convincing the company to just give up.

So Jack Spade won’t be opening in the site of the old Adobe Book Store location near Valencia Street, an outcome engineered by the grassroots activism of the Stop Jack Spade Coalition, Valencia Corridor Merchants Association, and progressive politicians who supported the cause.

At issue at last night’s packed hearing was an appeal of the Planning Department’s ruling that Jack Spade didn’t fall under formula retail rules because it had one short of the 11 stores needed to meet the definition, even though it’s an expanding part of 5th and Pacific Co. and a brother brand to Kate Spade, which has dozens of stores around the country.

Activists considered it a long shot given the supermajority needed to overrule the decision and force a conditional use permit hearing before the store could open, particularly after falling short with the board in August. But this time, the activists won, with the board voting 4-1 to set a full rehearing for Dec. 11.

As representatives of the corporation left the hearing, they told a few activists and business owners that they “were done.” And when the Guardian reached 5th and Pacific CEO Bill McComb by email today, he confirmed that the company is giving up on this controversial location, where activists were concerned its deep-pocketed presence would accelerate gentrification of the neighborhood.

“[We’re] not going to war with the neighbors. We like those people and their neighborhood and we are not fighting the issue. There are many a fine location for Jack Spade. Peace to the city!” McComb wrote to us.

It was a thrilling surprise for the activists that have been organizing against the project for months, and it was reminiscent of the successful 2009 effort to stop American Apparel from opening up shop on Valencia, involving some of the same activists and organizing tactics.

“We’re very pleased about last night,” said Andy Blue, an activist working with local merchants. “We saw a significant shift in momentum and a tremendous community showing. It was clearly a victory for the neighborhood.”

It was a big turnaround from just a few weeks ago, when it looked like Jack Spade had won, and a sign of the rising importance of gentrification issues to San Franciscans who face rising residential and commercial rents fueled by the latest dot-com boom and Mayor Ed Lee’s corporate welfare policies.

“Six months ago, a lot of people in San Francisco felt powerless with the rapid displacement of residents,” said Blue. “It was like, ‘What can we do, you know?'”
But then, as Blue said, “the resistance started boiling up.”

The local merchants decided to appeal the Planning Department decision that would have allowed Jack Spade to simply open its doors with no public hearing. “So many people who were being affected by it started sharing their stories, and things started happening. People had had enough,” said Blue. “The San Francisco that we love is this diverse, unique place and we were watching  it transform into something totally different.”

Simply getting to yesterday’s hearing was a huge step for the activist population standing up against the retailer, Blue said. But after the rehearing request was granted, the local merchants still needed to prove that “manifest injustice” had taken place during Jack Spade’s permit acquisition process if the merchants wanted the actual rehearing. 

This presented a problem to the VCMA and others. To prove “manifest injustice” had taken place during the permit application process, the merchants needed to prove that Jack Spade not only applied for their permits under a dubious guise, but that they were well aware of just how dubious it was. To be manifestly unjust, the unfairness must be “direct, obvious and observable,” a list that isn’t always easy to satisfy. 

While the two sides can’t seem to come to a consensus on how much the rent will actually increase in the surrounding area due to Jack Spade’s arrival, this controversy arose at a time when neighborhoods throughout the city have been rising up against gentrification.

And this may not be the last time that this company is in the crosshairs of that concern. Asked whether its decision applies to the whole city or just this one location, McComb told us, “Just that spot. We have many brand fans in SF.” 

BART negotiations continue as unions withhold strike threat UPDATED

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With the 60-day cooling off period ordered by Gov. Jerry Brown coming to an end on Thursday, raising the specter of another Bay Area Rapid Transit shutdown, BART’s two main unions announced yesterday that they were holding off on calling a strike for now. [UPDATE 10/11: BART unions today issued a 72-hour strike notice, meaning they could strike on Monday].

“We’ve listened to the public and we share their concern about a disruption in service at the end of the cooling-off period.  We do not want to strike. That is why we’re not giving a 72-hour notice at this time, because we want to leave every opportunity open to try to get this deal done. Of course we are keeping all options on the table,” Service Employee International Union Local 1021 and Amalgamated Transit Union Local 1555 said in a joint statement.

Some media reports indicate that there has finally been some progress in the long-stalled negotiations, with a framework on pensions being agreed to, although the two sides still seem far apart on wages, benefits, and the length of the contract.

The unions cast it this way: “To this point of doing everything possible to avoid a strike: over the past 10 days, the unions have moved publicly three times, to BART’s zero times. If this were a score in the baseball playoffs – we, the Oakland A’s would be three and they, the Detroit Tigers would be zero. 

“At this point, if there is a disruption in service at the end of the cooling-off period, it will be for one reason and for one reason alone: our elected BART leadership has not shown leadership.”

BART Board President Tom Radulovich disputed that the concessions have been one-sided, but he said that, “They continue to want to negotiate in the media and we’re not really down with that.”

Asked to characterized where things stand and the prospects for resolving the impasse without another strike, Radulovich said, “We’re still cranking away and trying to get it done…It’s really not up to us whether there’s a strike or not. We just have to get this done.”

Meanwhile, while conservatives clamor to use the situation to get the Democrat-controlled Legislature to ban unions from striking (good luck with that one), Sup. John Avalos held a hearing yesterday at City Hall to examine some of the larger issues at play in the impasse, such as retirement security, that the Guardian covered in our July 9 issue.

Asked how the hearing went, Avalos told the Guardian, “We talked a lot about how BART has been villifying workers in the court of public opinion in an effort to weaken workers’ bargaining power.”

 

Supervisors examine anti-cyclist bias at SFPD

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The Board of Supervisors Neighborhood Services and Safety Committee held a high-profile and well-attended hearing Oct. 3 to examine how the San Francisco Police Department investigates motorist versus bicyclist collisions. Sup. Jane Kim called the hearing following revelations about shoddy police work and anti-cyclist bias in the Aug. 14 death of cyclist Amelie Le Moullac.

Dozens of cyclists told horror stories of being hit by cars and then treated badly by police, which routinely absolves motorists of responsibility even in cases where they are clearly at fault.

Deputy Police Chief Mike Biel admitted some shortcomings in their investigations and promised to do better, and he apologized for the absence of Police Chief Greg Suhr and Sgt. Richard Ernst, who showed up at an Aug. 21 memorial event for Le Moullac to make inaccurate and insensitive comments criticizing cyclists. Kim had requested testimony from both men. Sup. David Campos pledged to hold another hearing on the issue, this time at a rare joint hearing of the Board of Supervisors and Police Commission.

San Francisco Bicycle Coalition Executive Director Leah Shahum urged the SFPD to, “Focus limited traffic enforcement resources on known dangerous intersections and known dangerous behaviors.” (Read Shahum’s op-ed on the hearing.)

Concerns about selective enforcement and anti-cyclist bias by the SFPD were heightened in the week before the hearing when officers started enforcement stings focused on stop sign-running cyclists riding the Wiggle, one of the city’s most popular and heavily traveled bike routes.

Among those stopped and given a written warning — one of 534 written warnings and 16 citations the SFPD reported giving out to cyclists in September — was Guardian Editor Steven T. Jones, whose Oct. 1 blog post on whether SFPD should strictly enforce laws requiring cyclist to completely stop at stop signs was the most commented SFBG.com post of the last week.

Shahum told us that the Bike Coalition has done education campaigns urging cyclists to yield to pedestrians on the Wiggle, but that none of the seven intersections on the Wiggle meet the SFPD’s own stated goals of focusing enforcement on the five most dangerous intersections in each police district. “When you look at the data on the Wiggle,” Shahum said, “it’s not a high collision area.”

Airbnb says its hosts should pay taxes

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Under pressure in San Francisco and New York City for violating local tenant and land use laws and refusing to pay local taxes, Airbnb has finally acknowledged that transient occupancy taxes apply to the room rentals it facilitates. But the company still hasn’t taken any steps to collect the tax or admitted that it shares this tax debt with its hosts.

“Our hosts are not hotels, but we believe that it makes sense for our community to pay occupancy tax, with limited exemptions for those who earn under certain thresholds,” CEO Brian Chesky wrote on the Airbnb blog on Oct. 3, addressing the post to New York City and not San Francisco, where it is headquartered and where we have shown the company is shirking an annual tax debt of nearly $2 million.

Contacted by the Guardian, a company spokesperson extended the pledge to San Francisco, writing, “Yesterday, our CEO Brian Chesky announced that we believe it makes sense for our community of hosts to pay occupancy tax to the cities in which they live, with exceptions under certain thresholds, and we are eager to discuss how this might be made possible. We have been in substantive discussions with Board President David Chiu on these issues for some time, and we’d like to thank him for the open dialogue that helped lead to today’s announcement. We look forward to continuing our work with him and others in San Francisco to set forth clear, fair laws that allow regular people to rent out their own homes, while giving back to the city that makes it possible.”

As the Guardian has repeatedly reported, most recently in our Aug. 6 cover story “Into Thin Air,” the San Francisco Treasurer/Tax Collectors Office has ruled that the city’s TOT of about 15 percent applies to Airbnb guests, and that Airbnb shares that joint tax liability with its hosts.

The ability of individual hosts to receive business licenses for renting out rooms and to collect and remit the TOT is complicated by the fact that such rentals violate land use, tenant, and other city laws — and Chiu has been developing legislation that would legalize and regulate the stays.

Airbnb could easily collect the TOT on each San Francisco transaction, as some of its online competitors have already been doing, but it has so far refused to do so. And when the Guardian asked Airbnb whether it now plans to include the tax in its transactions, the company ignored the question.

In fact, Airbnb’s public statements and private communications indicate its intention to pass the buck to its hosts rather that paying the tax liability itself, and several hosts who commented on Chesky’s blog post expressed hopes they would get more support from the company.

Nonetheless, Chiu took the Airbnb’s statement yesterday as a positive sign, telling us, “I am pleased to hear that Airbnb has acknowledged the need for their users to pay the occupancy tax. This policy was developed as a result of discussions that I’ve led in the past year to regulate and tax shareable housing activity in San Francisco. While we continue to negotiate with shareable housing companies, housing advocates, and the Mayor’s Office to find sensible solutions, I am confident that we will be able to move forward on a regulatory framework that provides flexibility to residents, protects our affordable housing stock, and collects the fair share of taxes for the City. I look forward to introducing legislation in the coming months.”

Ain’t nobody who can sing — or bring the progressive fire — like Billy Bragg

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During his set yesterday at the Hardly Strictly Bluegrass Festival, iconic British singer/songwriter Billy Bragg said he doesn’t understand why he was booked for an event devoted to Americana, although he did note that it was Brits like the Beatles and Rolling Stones that first popularized African American roots music for white Americans.

Yet in the spirit of legendary American folk singer Woody Guthrie, whose songs Bragg covered with Wilco on the amazing Mermaid Avenue albums, Bragg yesterday unleashed a righteous lefty diatribe against US political powers who were willing to shut down the government and default on its debts rather than offer universal healthcare to its citizens.

“Health care is the Jim Crow issue of the 21st Century,” Bragg said, also calling healthcare reform the “civil rights issue of this time” and calling for “free health care for every American.”

After closing his set with a rousing rendition of Guthrie’s “All you Fascists Bound to Lose,” he implored the young audience to rise up and “just get true.” Apparently his messages resonated with both the audience and organizers, who allowed him back on stage for an encore and some more fearless truth-talking.

“Socialism is organized compassion,” Bragg said, urging Americans to drop their irrational fears of socialized medicine (not to mention the far more insurance-based Obamacare), before playing his anthem, “There is Power in a Union.”

Bragg closed by saying that our enemy in this struggle isn’t the right-wing crazies shutting down our government, it is our own apprehensions about what can be done in this country, and the fear of advocating for what needs to be done.

“The enemy is cynism,” Bragg said, “and the only antidote to your cyncism is your activism.”

I and others left the show with our political fires stirred, as Sup. John Avalos also confirmed when I ran into him after the show, traipsing through the woods of Golden Gate Park toward the next stage. And I thought about what Hardly Strictly founder Warren Hellmen told me about this festival and form of music when I interviewed him for a profile that ran as a Guardian cover story in 2007.

“I feel very strongly that an important part of our culture is built on the type of music and type of performance that goes on at Hardly Strictly Bluegrass,” Hellman told me. From parables set to music to songs of struggle and the old union standards, “that kind of music is the conscience of our country.”

He considered bluegrass a vital and historically important form of political communication, more so than many of the upscale art forms that he and other rich people have tended to sponsor in San Francisco.

“I’m glad that we have first-rate opera, but it’s equally important that we foster the kind of music, lyrics, etc., that support all this,” he said. “Somebody once said that most of the great Western philosophy is buried in the words of country songs. And that’s closer to the truth than most people think. A big passion of mine is to try to help — and people have defined it too narrowly — the kinds of music that I think have a hell of a lot to do with the good parts of our society.”

And that was something that it took a fiery Brit to remind of us of this weekend.

Airbnb makes small admission on tax issue, saying its hosts should pay

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Under pressure in San Francisco and New York City for violating local tenant and land use laws and refusing to pay local taxes, Airbnb has finally acknowledged that transient occupany taxes apply to the room rentals it facilitates. But the company still hasn’t taken any public steps to collect the tax, nor has it admitted that it shares this tax debt with its hosts.

“Our hosts are not hotels, but we believe that it makes sense for our community to pay occupancy tax, with limited exemptions for those who earn under certain thresholds,” CEO Brian Chesky wrote on the Airbnb blog yesterday, addressing the post to New York City and not San Francisco, where it is headquartered and where we have shown the company is shirking an annual tax debt of nearly $2 million.

Contacted by the Guardian, a company spokesperson extended the pledge to San Francisco, writing, “Yesterday, our CEO Brian Chesky announced that we believe it makes sense for our community of hosts to pay occupancy tax to the cities in which they live, with exceptions under certain thresholds, and we are eager to discuss how this might be made possible. We have been in substantive discussions with Board President David Chiu on these issues for some time, and we’d like to thank him for the open dialogue that helped lead to today’s announcement. We look forward to continuing our work with him and others in San Francisco to set forth clear, fair laws that allow regular people to rent out their own homes, while giving back to the city that makes it possible.”

As the Guardian has repeatedly reported, most recently in our Aug. 6 cover story “Into Thin Air,” the San Francisco Treasurer/Tax Collectors Office has ruled that the city’s TOT of about 15 percent applies to Airbnb guests, and that Airbnb shares that joint tax liability with its hosts.

The ability of individual hosts to receive business licenses for renting out rooms and to collect and remit the TOT is complicated by the fact that such rentals violate land use, tenant, and other city laws — and Chiu has been developing legislation that would legalize and regulate the stays.

Airbnb could easily collect the TOT on each San Francisco transaction, as some of its online competitors have already been doing, but it has so far refused to do so. And when the Guardian asked Airbnb whether it now plans to do so, the company ignored the question.

In fact, Airbnb’s public statements and private communications indicate its intention to pass the buck to its hosts rather than collect and pay the taxes itself, and several hosts who commented on Chesky’s blog post expressed hopes they would get more support from the company on the myriad issues that complicate its simplistic business model.

Nonetheless, Chiu took the Airbnb’s statement yesterday as a positive sign, telling us, “I am pleased to hear that Airbnb has acknowledged the need for their users to pay the occupancy tax. This policy was developed as a result of discussions that I’ve led in the past year to regulate and tax shareable housing activity in San Francisco. While we continue to negotiate with shareable housing companies, housing advocates, and the Mayor’s Office to find sensible solutions, I am confident that we will be able to move forward on a regulatory framework that provides flexibility to residents, protects our affordable housing stock and collects the fair share of taxes for the City. I look forward to introducing legislation in the coming months.”

 

Chain store ban and affordable groceries at issue in 555 Fulton debate UPDATED

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UPDATED San Francisco’s resistance to formula retail stores will be put to the test tomorrow (Thu/3), when the San Francisco Planning Commission will vote on the 555 Fulton St. project.

The project — a five-story, 136-unit residential building with a ground-floor supermarket, complete with up to 275 total parking spaces— has been bobbing in purgatory since 2010, when developers were stalled by the withering economy.

But dried-up finances aren’t what’s now holding up the development of this project in an area governed by the Market and Octavia Better Neighborhood Plan and the Formula Retail Use Ordinance, both of which discourage national chains in favor of locally owned businesses.

Debate is centering on the question of whether the formula retail ban prevents an affordable grocery store from going in at the site, as the developer contends. The politics surrounding the project have gotten heated, with Hayes Valley Neighborhood Association supporting the ban on chain stores; the Mayor’s Office, Chinatown power broker Rose Pak, and Planning Director John Rahaim supporting the developer and project contractor Walter Wong; and Dist. 5 Sup. London Breed caught in the middle.

Last week, her legislative aide Vallie Brown told HVNA that Breed would support their request for a continuance at tomorrow’s meeting while they explore ways to attract an affordable local grocer, but Breed seems torn between what she told the New Yorker recently were desires to make affordable groceries available and prevent the boutiqueing of Hayes Valley, and her support for the formula retail ban.

“Breed said that despite the ban, she’s willing to allow a chain grocery store into the area to make it more affordable for residents,” reporter Lauren Smiley wrote in the article. The Guardian has been unable to reach Breed or Brown this week.

[UPDATE: Breed told the Guardian that her biggest concern is that the grocery store is affordable to the three low-income housing projects located right across the street, and she has yet to be convinced that can happen without breaking the formula retail ban at the site, despite working on the issue with both activists and the developer.

“It’s a challenge, I get that,” Breed told us. “I want the developer to operate with me in good faith and make a serious long-term commitment to me that this will be an affordable grocery store.”

But she doesn’t yet have that full commitment, and she says that she’s planning to honor her commitment to activists and ask that the formula retail waiver be delayed today even if the rest of the project goes through. “Ultimately, I asked them to be a good community partner,” she told us.]

For Hayes Valley, this has been a near decade-long process. In 2004, the Board of Supervisors first outlawed these generic retailers from opening up shop within the Hayes-Gough Neighborhood Commercial Transit (NCT) District when it passed Ordinance No. 62-04, classifying “formula retailers” and limiting their impact within unique neighborhoods. The ordinance keeps local businesses viable, keeping deep-pocketed corporations out.

The 555 Fulton project falls somewhere between the Hayes-Gough NCT and the Residential Transit Oriented District (RTO), and currently, a two-story, 19,620-square-foot office and industrial building with about 70 surface parking spots inhabits the address.

Both the neighborhood residents and the developers have historically felt that the property would make for an excellent grocery store. “What” has never been an issue with the property. “Who” on the other hand, has been the biggest issue.

In order for 555 Fulton to be developed by a “formula retail” outlet — which have been the only types of occupants the current developers believe to be able to pay the exorbitant established rent costs  — the property technically located in the Hayes-Gough NTC needs to be designated as a “Special Use District” (SUD).

An SUD adjusts the land use controls and height restrictions for a specific piece of property, in this case allowing for a “grocery store larger than 15,000 square feet of gross occupied floor area, as well as residential uses meeting a minimum density of one dwelling unit per 600 feet of lot area.” And up until April, the property was an SUD.

Back in 2008, 555 Fulton was granted its SUD by Section 249.35A of the Planning Code Section, which established the “Fulton Street Grocery Store Special Use District.” In 2010, the Planning Commission approved both a Conditional Use Authorization and a Planned Unit Development, allowing the developer of the subject property to build their mixed-use grocery store-residential building. Neither of these exceptions allowed for a “formula retail” outlet at the time, but interest still seemed solid.

Then everything stalled. And stalled. And stalled some more. Things have remained idle for so long that the five-year window given to the Fulton Street Grocery Store SUD expired this past April. Now, the developers are asking for five more years on the same Fulton Street Grocery Store SUD that was allowed to a different development group in 2008.

But it isn’t exactly the same request this time: Now the developers are trying to get an SUD without a provision on “formula retail” outlets, and both sides are expected to turn out big numbers on each side of the question at tomorrow’s hearing, which starts at noon in City Hall Room 400.

SFPD targets bikes before hearing on its anti-cyclist bias

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As it prepares for this Thursday’s Board of Supervisors hearing examining allegations that its officers are biased against bicyclists, the San Francisco Police Department has quietly started enforcement stings focused on cyclists riding the Wiggle, one of the city’s most popular and heavily traveled bike routes.

I was among a series of cyclists stopped by one of two motorcycle cops on Saturday night as they stood on Waller Street waiting for cyclists to make that left turn off of Steiner, the first in a series of five turns known as the Wiggle, a key bike route connecting the east and west sides of town.

The sting operation — a term that Officer R. Scott, who stopped me, denied, although that’s clearly what it was — was like shooting fish in a barrel for these guys, given that thousands of cyclists a day roll through the stop signs on the Wiggle on their way to work, school, or errands.

Since being pulled over, I’ve heard this was part of several recent enforcement actions targeting cyclists on the Wiggle, supposedly driven by neighborhood complaints. Although Scott took down my driver’s license information, entered my information into the system, and issued me a citation — lecturing me along the way, and getting an earful from me in response — he waited to the end to tell me it was only a warning (actually, it was his partner who said that he should give me a ticket rather than a warning because of how I was expressing myself, but Scott said it was too late).

I’ve asked the SFPD a series of questions about the reasons for and goals of this stepped-up enforcement against cyclists, as well as about the timing, stats, and other information. I’ll update this post if and when I get a response.

For conservative law-and-order types, it probably doesn’t seem like there’s much to discuss here. Cyclists run stop signs, that’s against the law, end of story. But if San Francisco is going to continue to encourage people to ride bikes — with all the societal benefits that brings — it needs to take a more realistic and progressive approach to this issue.   

The California Vehicle Code Section 22450(a), which I was accused of violating, doesn’t distinguish between cars and bikes when it states, “The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.”

Unlike the traffic laws in Idaho, which do have different standards for bikes and cars and where my approach of yielding but not stopping would have been legal, California has traffic laws that are hopelessly mired in another age, before global warming, air pollution, traffic gridlock, skyrocketing automobile fatalities, and other factors caused society to rediscover and embrace bikes as a beneficial mode of everyday transportation.

And when state or federal laws have lagged behind public opinion and behaviors, San Francisco has often been at the forefront of radical reform, as we have done on immigration, marijuana, civil liberties, rent control, marriage equality, and other issues where we have refused to go along with an unjust or unrealistic status quo.

How we get around, and the right to be treated with dignity and respect for the reasonable choices that we make, belongs on that list. The number of cyclists on the streets of San Francisco has surged in recent years, and it’s the official policy of the city to favor that mode over the automobile and to work toward the goal of having 20 percent of all trips be by bicycle by the year 2020.

That probably won’t happen without many more bike lanes — and it definitely won’t happen if bicyclists are expected to stop at every stop sign. Momentum matters on bikes and they become a far less appealing mode of transportation if we’re forced to come to a complete stop at every intersection, an unrealistic approach that impedes the smooth flow of not just cyclists, but motorists, Muni, and pedestrians as well.

Sup. Jane Kim called the hearing on how the SFPD handles cyclists — which is scheduled for this Thurday at 10am before the board’s Neighborhood Services and Safety Committee — after the Guardian helped expose some truly appalling anti-cyclist bias by the SFPD.

San Francisco Bicycle Coalition Executive Director Leah Shahum said that cyclists will call for better training and investigations of traffic collisions involving bikes, as well as a shift in how the SFPD polices the streets. She said her message will be, “Focus limited traffic enforcement resources on known dangerous intersections and known dangerous behaviors.”

And she said the bicyclists on the Wiggle just don’t meet those criteria. “When you look at the data on the Wiggle, it’s not a high collision area,” Shahum said, confirming reports that the SFPD has done bicycle stings on the Wiggle on at least two days in the last week.

Shahum acknowledges that there are sometimes conflicts and that bicyclists aren’t angels, noting that the SFBC has recently done events on the Wiggle encouraging bicyclists to ride carefully and yield to pedestrians and motorists when they have the right-of-way.

But she that Police Chief Greg Suhr has repeatedly called for each police district to “focus on five,” using traffic data to target the five most dangerous intersections in each district. As she said, “We’re asking the police to live up to have they’ve said, over and over.”

As for changing state law to adopt Idaho’s bike standards, Shahum said that the difficult, multi-year effort just to get a weak bike buffer law recently signed into law shows that’s probably not realistic. But here in San Francisco, there’s much more we can do to encourage safer cycling and road sharing.

Mayor Lee responds to political furor with more funding to fight evictions

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We’re not sure whether it was the high-profile recent protests against the eviction of the Lee family, our well-read “City Hall must address rising rents” editorial or eviction and gentrification coverage last week, our earlier focus on record eviction rates, or just the growing view that City Hall is too friendly to landlords and neglectful of tenants, but the Mayor’s Office has finally awoken to the biggest issue facing this city.

With skyrocketing rents — and with increasingly common efforts by the landlords of rent-controlled apartments to take advantage of that market by forcing out their tenants — Mayor Lee this afternoon announced that he’s tripling funding to fight illegal Ellis Act evictions, making populist statements along the way.

Now, spending an additional $700,000 to fight greedy, deep-pocketed landlords is not exactly going to change the playing field, but it’s a nice gesture and an indicator that Mayor Lee is starting to notice the problem. Hopefully, with pressure by progressive politicians and activists, this will be just the first of many such actions.

His press releases follows in it entirety:

*** PRESS RELEASE ***

MAYOR LEE ANNOUNCES ADDITIONAL RESOURCES FOR EVICTION PREVENTION IN SAN FRANCISCO

San Francisco to increase resources to support residents and families affected by illegal Ellis Act evictions and releases Eviction Prevention Funding from Housing Trust Fund

San Francisco, CA—Mayor Edwin M. Lee announced San Francisco will triple the amount of funding to prevent illegal Ellis Act evictions and that the City will release $700,000 in funding for other eviction prevention services from the Housing Trust Fund.

“San Francisco must remain a viable place to live and work for people at all levels of the economic spectrum,” said Mayor Lee. “That’s why I am providing additional resources to stop unlawful evictions and provide tenant counseling for our residents, so that San Francisco remains a City for the 100 percent.”

The Human Services Agency (HSA) currently provides nearly $8 million in homeless prevention and eviction defense services, an increase of $1.3 million from last year’s budget. In this year’s budget, the City was providing nearly $125,000 to fund free legal advice and represent 55 San Francisco families who have been affected by illegal Ellis Act eviction threats. Today, Mayor Lee tripled the amount of funding with an additional $250,000, which will immediately be available to eligible organizations that provide Ellis Act prevention legal work and will help more families and people at all levels of the economic spectrum remain in San Francisco.

“Providing resources to stop unlawful evictions has proven to be one of the most effective strategies to prevent displacement and homelessness in our City,” said Trent Rhorer, Director of the San Francisco Human Services Agency. “This additional $250,000 will help keep San Francisco families in their homes.”

The Mayor’s Office of Housing will also provide $700,000, from the Affordable Housing Trust Fund, to fund tenant counseling services. This is a 63 percent increase in funding and brings the total amount to more than $2.3 million in eviction prevention services from the Mayor’s Office of Housing. These additional resources will be distributed to community based organizations specifically expanding legal representation for individuals facing eviction; rental assistance to individuals and families who are currently homeless or are struggling to keep their current rental housing; and to provide outreach to San Franciscans to better inform them about their legal rights.

The Mayor’s Office of Housing has prioritized eviction prevention services and funds activities including legal services, tenant counseling, rental assistance, move-in assistance, know your rights trainings, and other types of tenant support.  Services are offered through a diverse group of community based organizations that reach San Francisco’s many communities including seniors, people with disabilities, immigrants, the homeless and families.

The HSA will issue an ‘Invitation to Bid’ this week so eligible organizations can apply and use the HSA funding to expand their legal services in order for them to be available to vulnerable tenants within 30 days. It is anticipated that the additional HSA funds will help at least 150 households receive legal advice and representation.

 

 

 

 

New policies, and a court ruling, protect whales from ships in SF Bay and along the Pacific coast

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Whales, dolphins, and marine mammals in the San Francisco Bay and along the California coast could be better protected by a federal court ruling on US Navy exercises and new policies being put in place to prevent whales from being struck by ships.

US District Court Judge Nandor Vadas issued a ruling late yesterday (Wed/25) finding that the National Marine Fisheries Service failed to protect thousands of whales, dolphins, sea lions, seals, and porpoises from Navy training exercises along the Pacific coast. It requires the agency to reconsider permits and whether they violated the Endangered Species Act.  

“This is a victory for dozens of protected species of marine mammals, including critically endangered Southern Resident orcas, blue whales, humpback whales, dolphins, and porpoises,” said Steve Mashuda, an Earthjustice attorney representing a coalition of conservation and Northern California Indian Tribes. 

Meanwhile, in an unrelated development, the issue of an increasing number of whales strikes in the bay has been getting some proactive attention from regulators, who have developed safer new shipping polices and a whale tracker application.  

The issue drew attention in 2010 when at least five whales that had been struck by ships beached themselves and died, that is thought to be only a small indicator of a much larger problem.

“According to experts, only about 10 percent of whales killed by strikes show up on beaches,” lead researcher Dr. Jamie Jahncke of Point Blue Conservation Society, which has been working with the Coast Guard on ways to make the bay safer for whales.

The Coast Guard implemented narrower and longer shipping lanes beginning June 1 in San Francisco Bay, as well as in Los Angeles and Long Beach, in an attempt to reduce the number of whale strikes in these regions. The Coast Guard has also begun directing ships to reduce their speed when entering and exiting the bay to no more than 10 knots.

The purpose of the change in the shipping lanes is to keep ships out of primary whale habitats and other areas where they are typically found. Jahncke believes these changes will reduce the interaction between whales and ships by 70 percent.

Both Jahncke and Melissa Pitkin, also of Point Blue, see these new policies as a good thing.

Jahncke called the changes “very positive” and added they are good “for human safety and benefit wildlife as well.”

Pitkin says the Coast Guard “has been a great participant” and part of a “great collaborative effort” to make waters like San Francisco Bay safer for the whales.

While the new shipping lanes keep ships out of areas in which whales are most commonly found, the animals do not confine themselves to only those parts of the bay. Researchers go out on the bay to collect information on where the whales go and congregate, but they are only out there three to five weeks out of the year.

This is why, Jahncke says, they “need additional help… [and] eyes out on the water.”

Researchers have been seeking ways to further reduce the chances of ships striking whales in San Francisco Bay. They have recently decided to enlist the public’s help with the implementation of the new Whale Spotter app, which will allow anyone out on the water to report where they see whales.

The hope is that whale watchers, recreational fishers, and others will use the app to report any whale sightings. Point Blue will then be able to use the information provided via the app to “make maps and represent the data in a way NOAA can use it,” says Jahncke.

Pitkin further addresses the purpose of this app.

“The goal is to get information available in real-time to mariners about where whale concentrations are so they know” how to alter their course or speed.

The app is not the only way members of the public can join in the efforts to protect local whales. Point Blue is seeking financial contributions to aid their effort to raise funds for the app and ongoing marine research. People can visit www.prbo.org/ to make a donation.

Meanwhile, the federal courts are now asking the US Navy and the agencies that permits its navel exercises to also take heed of their impacts to aquatic ecosystems.

“NMFS must now employ the best science and require the Navy to take reasonable and effective actions to avoid and minimize harm from its training activities,” Mashuda said.

The Navy uses a vast area of the West Coast, stretching from Northern California to the Canadian border, for training. Activities include anti-submarine warfare exercises involving tracking aircraft and sonar; surface-to-air gunnery and missile exercises; air-to-surface bombing exercises; and extensive testing for several new weapons systems.

In 2010 and 2012, NMFS authorized the Navy to harm or “take” marine mammals and other sealife through 2015.  The permits allow the Navy to conduct increased training exercises that can harm marine mammals and disrupt their migration, nursing, breeding, or feeding, primarily as a result of harassment through exposure to the use of sonar.

New science from 2010 and 2011 shows that whales and other marine mammals are far more sensitive to sonar and other noise than previously thought.  In permitting the Navy’s activities, NMFS ignored this new information.  The Court found that the agency violated its legal duty to use this “best available data” when evaluating impacts to endangered whales and other marine life.

SF supervisors approve policy of denying federal immigration hold requests

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The San Francisco Board of Supervisors Chambers erupted in raucous celebration and chants of “Si se puede!” this afternoon as the board gave unanimous approval to a new city policy of refusing most detention hold requests from US Immigration and Customs Enforcement, which has used its controversial Secure Communities program to learn when undocumented immigrants end up in local jails and to have them held for deportation.

The legislation by Sup. John Avalos is intended to build trust between law enforcement and immigrants, which can be reluctant to report crimes such a domestic violence or buglaries for fear of deportation. “People who have to deal with the devastation that Secure Communities causes, they’re the ones who brought this forward,” Avalos said.

Those advocates had to wait a week for this momentus occasion because of amendments that were introduced last week, prompted by opposition to the measure by Mayor Ed Lee and Police Chief Greg Suhr, who expressed concern that it would shield violent felons from deportation.

Those amendments were introduced by Sup. Jane Kim, who had supported the original measure without them but sought to broaden support for the measure. Her amendments make exceptions for those convicted of violent felonies, sex trafficking, child molestation, and use of a gun in commission of a felony, although they call for police to consider factors such as a dependent child before allowing ICE to take custody of an undocumented immigrant.

Avalos opposed the amendments, saying “any carve-outs deter the victims of crimes from reaching out to law enforcement.” The amendments were also criticized by Sup. David Campos, who called them “counterproductive to public safety.” But both accepted them and called the measure an important victory.

“What’s happening in this chamber is a victory for the immigrant communities of San Francisco and all communities in San Francisco,” Campos said in English before repeating it in Spanish. “Let’s emphasize the common ground that we have found.”

The ordinance is set to receive final approval next week when it’s heard on second reading. Sheriff Ross Mirkarimi — who has supported the legislation since its inception and who will oversee its implementation in the jail — said his office had just received the latest amendments and is still reviewing them.

“It’s the unintended consequences that bring me here before you today,” Mirkarimi told his former colleagues at the board, saying he wants to make sure the new policy is clear enough so that even deputies working in the middle of the night would know how to handle ICE requests. “Changes in the legislation do pose some operational concerns.”

Mirkarimi had already instituted policies of resisting many federal immigration hold requests, joining with San Jose, Berkeley, and other cities who oppose the S-Comm program, and this ordinance broadened and codified those policies.

The legislation was strongly supported by the city’s Domestic Violence Consortium, representing an ironic turn of events when Mayor Lee — who waged a protracted and unsuccessful campaign to remove Sheriff Mirkarimi from office for grabbing his wife’s arm last year — threatened to veto it. Avalos also placed second in a crowded field of candidates when Lee was elected mayor in 2011.

It was Lee’s veto threat that ultimately weakened the legislation, a move opposed by activists who work on domestic violence issues. But Kim made clear that despite her amendments, she strongly opposes S-Comm and its local impacts.

“We believe the S-Comm program is deeply flawed,” Kim said, telling the story of a constituent who feared calling the police after their home had been burglarized. “No one should fear calling the police when they need help.”  

Tim’s San Francisco

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steve@sfbg.com

Longtime Bay Guardian editor Tim Redmond, who left the paper in June, is launching a new media project, continuing more than 30 years of work as one of San Francisco’s premier progressive voices by starting an online publication under a new nonprofit organization.

The San Francisco Progressive Media Center promises to deliver original news, arts, and cultural reporting on a daily basis, differentiating itself from local blogs that serve mostly to aggregate stories written by other media outlets and offer commentary on that reporting.

“Democracy can’t survive without reporters and I want to have reporters out there covering the news everyday. San Francisco has always needed a liberal daily newspaper,” Redmond told us, predicting that online reporting outlets representing various perspectives will eventually rise to compete with the limited local coverage offered by the San Francisco Chronicle and Examiner.

“I will focus on all the things I care about in San Francisco,” Redmond told us, listing land use issues, housing costs, and media criticism as some examples of his interests.

Redmond has remained remarkably upbeat and positive since his clash with the San Francisco Print Media Co. — whose purchase of the Guardian he engineered last year to save the financially troubled, locally owned newspaper — ended his long run with the Guardian (see “On Guard,” June 19).

“I’m just moving on and doing my own thing. I’m excited about my new project and I’m raising a lot of money for it,” Redmond said. “I’m getting a tremendous amount of community support. I hope to have 50-60 grand on hand by the end of the month.”

To help reach that goal, Redmond and his supporters will throw a fundraiser on Sept. 26 at the El Rio. Despite being a stalwart of the left, Redmond said he’s getting support from across the ideological spectrum. “I have spent 30 years building a reputation in town as someone who doesn’t take cheap shots and I’m fair,” was how Redmond explained his broad support.

Although he’s still awaiting IRS approval of his nonprofit status, Redmond has already assembled a board of notable progressive luminaries to help him, including Eric Weaver, Laura Fraser, Calvin Welch, Alicia Garza, Gen Fujioka, Gabriel Haaland, and Giuliana Milanese.

“I wanted a board that reflects the diversity of San Francisco’s left,” Redmond said, noting that board explicitly has no editorial control.

Haaland said that Redmond has long been an important progressive voice in San Francisco and he’s happy to see that voice continue, particularly under the new nonprofit model that he’s creating.

“Having an independent, progressive media is more important than ever, and being a nonprofit takes it to another level of independence,” Haaland told us.

Welch said the new publication is arriving just in time to help expose important issues that will affect the future of San Francisco.

“I think we’re at a critical point in this city’s history,” Welch told us, citing the growing public unease with intensified waterfront development and other economic and sociopolitical trends. “The timing is impeccable and people would be interested to read online what Tim and others’ takes are on what’s happening in the city.”

San Francisco Progressive Media Center will be the latest effort to expand the city’s media landscape amid the downsizing of the once-dominant Chronicle and Examiner (see “Media experiments,” 5/25/10). Those ventures have included the San Francisco Public Press, SF Appeal, and the Bay Citizen, which had a high-profile launch in 2009 followed by being folded into the Center for Investigative Reporting last year (see “Compressing the press,” 2/22/12).

Redmond is finalizing details of his new project and has yet to announce the name for his new publication, which he plan to launch next month. [UPDATE: At the Sept. 26 event, Redmond announced that his new publication will be called 48 Hills: The Secrets of San Francisco.” There are 47 named hills in San Francisco – and as those of us who have spent their lives fighting for social and economic justice know, there’s always one more hill to climb.“]

In the meantime, he’s been blogging at Tim’s San Francisco (timssanfrancisco.blogspot.com) and preparing to teach an investigative reporting class at City College of San Francisco. On the new site, Redmond plans to feature some video and other multimedia content, but he said “this is not a techie venture, this is a content-driven venture.” And while seeking to showcase a variety of voices, Redmond will set the tone for the publication, telling us, “I’m interested in working with anyone in this city, but I’m the editor.”

Redmond said he still supports the Guardian, even if he has concerns about its parent company’s growing list of media holdings, which also includes the San Francisco Examiner, SF Weekly, and a large share of the Bay Area Reporter. Redmond said that media consolidation works for the community only when there is a diversity of other voices.

“I’m glad Todd [Vogt, CEO of San Francisco Print Media Co.] bought the Guardian and kept it going, and I’m glad the Guardian is still alive,” Redmond said. “I’ve been working for someone else my whole life…and it’s time for me to move on and do something new.”

Press Up! San Francisco Progressive Media Center fundraiser and launch party. Fiery speeches, refreshments, music. Sept. 26, 6-9pm, El Rio, 3158 Mission, SF. Donations of $25, $50, $100, or $250 can be made at the door or at tinyurl.com/SFPMCcontribute.

Brown signs bike buffer law as SF wrestles with cyclist-motorist relations

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It took three tries, but cycling advocates and California legislators were finally able to get Gov. Jerry Brown’s signature yesterday on a new law requiring motorists to give at least three feet of clearance when passing bicyclists.

We criticized Brown for vetoing a similar bill in 2011 when he raised concerns about slowing automobile traffic, and then he frustrated supporters of the bill last year when his veto-prompting issue was how the new bill encouraged motorists to cross a double-yellow line to pass cyclists when it was safe to do so.

This time, the compromise that won Brown over was a requirement that drivers slow down to a “reasonable and prudent” speed if they aren’t able to given cyclists a full three feet because of road conditions. That’s not ideal, but at least it’s finally becoming illegal for cars to zip closely past cyclists, a dangerous, unnerving, and unfortunately too common practice.

San Francisco has become an intriguing testing ground for cyclist-motorist relations as the number of people choosing to pedal to work, play, or on errands has exploded, based on both official stats and by simply observing Market Street at commute time, which is like a mini Critical Mass everyday, or the overflowing bike parking areas in downtown buildings.

The city is also now wrestling with anti-cyclists biases in law enforcement and among some political figures, which will be the subject of City Hall hearings next month. Certainly, there is bad behavior on the roads by both cyclists and motorists, and often times poor understanding by both about the rules of the road, particularly on those dangerous “right hook” turns when motorists cross a bike lane (motorists should signal, then pull all the way to the right when it’s their turn, and cyclists should pass on their left, taking the lane if necessary), which have resulted in at least two cyclist fatalities in SF this year.

This new law provides some much needed clarity and public awareness to an important public safety issue — and it should be just the beginning of creating new laws and public education campaigns to help promote safe cycling and raise driver awareness of the need to slow down, pay attention, and share the roads. 

UPDATE: Dave Snyder, executive director of the California Bicycle Coalition, which worked on the new law, told us he expects more benefit from publicizing the new law than from police enforcing it.

“The main benefit is educational, just getting people who drive to give people on bikes plenty of space. I don’t expect much enforcement,” he told us. “There’s a heckuva lot more that we need to do to make California bicyclists safer.”

The main need he cited is more money for bike lanes, particularly those separated from automobile traffic: We ned funding to build bike networks so we dno’t need to worry about being passed at high speed.”