Rent

City Attorney throws a monkey wrench into parking-space auction app

An iPhone app that lets users auction off their parking spots might sound like a novel idea, especially in a parking-deprived city like San Francisco. Unfortunately for Paolo Dobrowolny, co-founder and CEO of the MonkeyParking app that does exactly that, the practice is also illegal.

The app violates a key provision of San Francisco’s Police Code, which states that drivers who “enter into a lease, rental agreements or contract of any kind” for public parking spots can face penalties of up to $300, according to City Attorney Dennis Herrera, who has issued a cease-and-desist demand against MonkeyParking.

“Technology has given rise to many laudable innovations in how we live and work – and Monkey Parking is not one of them,” Herrera said in a statement. “It’s illegal, it puts drivers on the hook for $300 fines, and it creates a predatory private market for public parking spaces that San Franciscans will not tolerate.”

That’s not how Dobrowolny sees it. Though he’s still working with his legal team to address Herrera’s concerns, the MonkeyParking CEO said he fundamentally disagrees with Herrera’s stance.

“As a general principle we believe that a new company providing value to people should be regulated and not banned,” Dobrowolny wrote in an email. “Regulation is fundamental in driving innovation, while banning is just stopping it.”

Herrera imposed a July 11 deadline to cease operations in his letter to MonkeyParking, but the app may not even last that long. By violating San Francisco’s Police Code, it’s already landed in hot water when it comes to Apple’s guidelines for app developers, which state: “Apps must comply with all legal requirements in any location where they are made available to users.” Herrera copied Apple’s legal department onto the letter, so there’s a possibility MonkeyParking could be removed as a result.

The use of parking apps like MonkeyParking also brings up the potentially dangerous matter of cell phone use within a moving vehicle, an issue that wasn’t lost on Herrera. In his letter to Dobrowolny, Herrera wrote that MonkeyParking is “facilitating and encouraging drivers to use cellphones and other wireless communication devices in a manner that distracts them, posing a safety hazard to the public and violating state laws that prohibit using cellphones and such other devices while driving.”

But since the app already appears to be in violation of the local police code and the App Store guidelines, this is simply icing on the cake.

“Worst of all, [MonkeyParking] encourages drivers to use their mobile devices unsafely – to engage in online bidding wars while driving,” Herrera said. “People are free to rent out their own private driveways and garage spaces should they choose to do so. But we will not abide businesses that hold hostage on-street public parking spots for their own private profit.”

MonkeyParking isn’t alone in its apparent violation of city rules. Sweetch and ParkModo are two other iPhone apps that provide allegedly illegal monetization of parking spots in the city, and Herrera’s office is cracking down on them as well.

Sweetch is similar to MonkeyParking, though it charges a flat fee of $5 per parking spot instead of the bidding system. ParkModo, which has yet to officially launch, will reportedly employ drivers for $13 an hour to occupy public parking spots in the Mission, according to Herrera’s statement.

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.”

Tenants can fight evictions and win

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By Tyler Macmillan


OPINION Every year, around 3,500 formal eviction lawsuits are filed against residential tenants in San Francisco Superior Court. Contrary to popular belief, the eviction lawsuit — known as an “unlawful detainer” — is one of the fastest moving cases in the entire civil system. While we’ve all heard anecdotes about how it can take years to remove San Francisco tenants from their homes, tenants sued for eviction experience civil litigation at warp speed.

More than a third of those sued for eviction miss the five-day window the law provides to file a response with the court. In 2013, 1,294 of the tenant households that were sued for eviction in the city missed that deadline to respond. The strong tenant protections found in San Francisco’s Rent Ordinance and California law don’t mean much to those who miss their five-day deadline: Sheriff’s deputies clear the property just a few weeks after the case is filed if you don’t respond. So much for due process.

Securing tenants due process rights in San Francisco has been our job at the Eviction Defense Collaborative (EDC) since 1996. At our drop-in legal clinic, our team of attorneys and volunteers assist over 94 percent of all tenants who respond to their eviction lawsuit in San Francisco each year. Although our office is open Monday through Friday to help tenants respond to the lawsuit on time, nine out of 10 tenants sued for eviction represent themselves for the duration of their case. Over 90 percent of landlords can afford to hire expert, aggressive attorneys to evict their tenants — very few tenants can afford to hire a private attorney to defend their homes.

Unsurprisingly, tenants agree to move out in most eviction lawsuits — around four out of five tenants sued for eviction will settle the case with an agreement to leave their homes. And who could blame them? The choice of conducting a jury trial against a licensed attorney is not an appealing — or realistic — choice for a self-represented tenant. Without an attorney to stand up and fight for your rights at trial, those rights remain the empty, meaningless promises of the pay-to-play American legal system.

Of course, tenants who get represented by attorneys can win eviction cases — exactly the reason we started our Trial Project at EDC last year. Since the Trial Project launched, EDC staff attorneys have represented a small percentage of tenants facing the prospect of a jury trial on their own. Through the hard work of EDC staff attorneys (who on average earn less than $50,000 a year), the Trial Project enjoyed another jury trial victory in May. While very few eviction cases reach a verdict, this was EDC’s third trial victory in the past year.

This particular jury verdict saved the home of a Spanish-speaking couple who has lived in the Mission District for the past 19 years. They have young children who attend the local public schools and attend church in the neighborhood. This family has limited income and would certainly have had to leave of San Francisco if it was evicted, uprooting the children and leaving behind its community.

The landlord had accused the family of not paying the rent — even though the family had repeatedly tried to pay. The jury agreed with the tenant, finding that the conditions on the property were so bad that the landlord wasn’t entitled to the rent being demanded. The jury actually followed the law, and reduced the tenants’ rent.

The heroes in this case are the tenants — their courage in standing up for their home and their civil rights is inspiring, and should be a lesson to tenants across the city. We need tenants in San Francisco to push back against this current wave of displacement and we’re here to help.

Tyler Macmillan is a tenants’ rights attorney and the executive director of the Eviction Defense Collaborative, a nonprofit legal services clinic in the Tenderloin. Any tenant sued for eviction can drop into EDC at 995 Market St., #1200 (at Sixth Street) Mon-Fri, 9:30-11:30am and 1-3pm.

Housing crisis requires creative thinking

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EDITORIAL Does the construction of brand new high-end towers represent the only possible opportunity for new affordable housing in San Francisco? To hear the arguments of those bemoaning the passage of Proposition B, the ballot measure overwhelmingly approved June 3 requiring voter approval for increased building heights along the waterfront, one would think so.

Shortly after Prop. B had been decided, the Washington Post ran a headline proclaiming: “Voters in one of America’s most expensive cities just came up with another way to block new housing.” The idea seems to be that by making it harder for developers to build waterfront towers incorporating a small percentage of affordable units, San Francisco has sealed itself off from any new affordable housing, forever.

To buy this argument, you must resign yourself to a world where the only conceivable pathway for housing average-income people is to hope high-end developers decide to incorporate them into massive complexes for the wealthy on a narrow strip of waterfront property. Which just isn’t a terribly creative solution.

Surely, alternatives exist. The city is brimming with clever people who are skilled at creative thinking and aren’t afraid to dream big. Why not apply some brainpower to the housing crisis? Here are a few ideas.

• Change city law to allow people to build their own backyard cottages to rent out at affordable prices. Here we must holler at the Public Press, which is hosting a conference Fri/13 called “Hack the Housing Crisis,” and recently calculated that San Francisco could theoretically add another residence to each of its 124,000 single-family lots if the city were to legalize backyard cottages. That would increase the total number of households by 33 percent; no luxury towers required.

• Make the most of public land holdings. A Budget and Legislative Analyst’s report dating back to March of 2012 determined that city agencies have in their possession at least 27 underutilized “surplus” properties. Under the Administrative Code, the top priority for such lands is affordable housing, yet they go unused. Why not prioritize the transfer of these parcels for 100 percent affordable projects?

• Figure out some alternative financing schemes. Recent changes to federal law sanction crowdfunding for real-estate projects, an option that didn’t previously exist. Say some affordable housing people got together, started an online fundraising campaign, bought vacant properties for conversion into affordable units, and secured public funding to make the whole thing pencil out. Real estate investors won’t give a project a green light unless they’re guaranteed a stupidly high return; maybe under this scenario, thousands of nontraditional investors who care about the city they live in could reap small bonuses for pitching in.

And by the way, developers are still free to propose highly affordable projects under Prop B. In fact, voters might be much happier to sign off on that idea than high-end luxury condo towers.

 

Dark/light

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marke@sfbg.com

SUPER EGO Vampires beware, or at least grab a pair of killer shades. A recent, very late walk of shame (both heels broken but my rep intact) revealed that afternoon outdoor parties are currently raging full-tilt. So invite me to your dang retro-fidget-yacht-goth-IDM BBQ already! I promise not to spill anything. Everybody looks great in hot sauce, anyway.

Soundtracks for this week: infamous local synth-dance act The Soft Pink Truth’s brain-melting return Why Do the Heathens Rage: Electronic Profanations of Black Metal Classics, Quivver’s groovy (and timely) extended rework of “Ain’t Nothin’ Going On But the Rent,” and DJ Greg Wilson’s psychedelic-funk mixtape Blind Arcade Meets Super Weird Substance In The Morphogenetic Field. OK, let’s go.

 

HI LIFE

Glorious global soul weekly Afrolicious may have moved on to conquer the world as a touring act, but don’t cry: In its place is this tropical beats and live funk jams showcase from key Afrolicious members. “Expect elevation,” say DJs Pleasuremaker and Izzy Wise.

Thursdays starting Thu/12, 9pm, $6. Elbo Room, 647 Valencia, SF. www.elbo.com

 

RANDOM RAB

Beautifully constructed, all-encompassing post-Orb grooves that hit a global ambient-funk sweetspot from this San Franciscan. Support from local bass-tech heroes Justin Martin and J. Phlip (and a dozen more), plus mindbending décor and organic treats from the Symbiosis crew.

Thu/12, 9pm-3am, $15–$20. 1015 Folsom, SF. www.1015.com

 

ADULT.

Live Detroit art-tech darlings were lumped in with electroclash back in the day, but they cut oh so much deeper. With brainy-cute goth-raver Pictureplane, ghostly White Ring, and evil siren/playmate Tamara Sky, this will certainly be an edgy night of stylish Friday 13 dread.

Fri/13, 9pm-late, $15–$20. Mezzanine, 444 Jessie, SF. www.mezzaninesf.com

 

DANNY KRIVIT

Body and Soul legend (and my eternal DJ crush) brings his rare Latin house and gorgeously smooth mixing style to the Salted party, with Miguel Miggs, Julius Papp. and much-loved Naked Music vocalist Lisa Shaw.

Sat/14, 10pm-late, $10–$20. Mighty, 119 Utah, SF. www.mighty119.com

 

JACQUES RENAULT

Beam me up! The DFA disco-funk addict possesses one of the sharpest sensibilities out there, sending dancers to truly cosmic places. Hosted by the fantastic, female-powered Isis party.

Sat/14, 9:30pm-3:30am, $10 advance. Public Works, 131 Erie, SF. www.publicsf.com

 

SUNSET ISLAND

Our incomparable summer nightlife season continues, marked by the Sunset crew’s passing annual parties. Time for this “electronic music picnic” on Treasure Island, which — squee!!! — features Phuture, the dudes from Chicago who basically invented acid house. Also on hand: Detroit whiz kid Kyle Hall and Awesome Tapes From Africa, which is exactly what it sounds like. Acid sunshine, y’all.

Sat/14, noon-9pm, $10–$30. Great Lawn, Treasure Island. www.tinyurl.com/sunsetisland2014

 

DAYTIME REALNESS

I admit it, I had my doubts about this monthly afternoon party at first — everyone seemed to be smiling so hard in the pics, I thought they’d eat me. Especially towering drag hostess Heklina (who just bought the old club Oasis at 11th and Folsom, btw.) Then I went and got completely sucked in, in a non-oral way. Gorgeous mixed crowd, insanely good beats from DJs Stanley and Carnita — special guests this month Guy Ruben and beloved Trannyshack regular Pinky Ring — synchronized dance numbers, wild drag shenanigans, and Sneaky’s BBQ. Shit got real.

Sun/15, 2pm-8pm, $6 before 3pm, $8 after. El Rio, 3158 Mission, SF. www.elriosf.com

 

DISCO DADDY

Who knew a gay leather biker bar could get this steamy? If you’re looking for an authentic homosexual disco experience (who isn’t), DJ Bus Station John and his crate of vinyl 12-inches will put some soul in your gloryhole at this monthly get-down.

Sun/15, 7pm-2am, $5. SF Eagle 398 12th St, SF. www.sf-eagle.com

 

Cristina Lopez, East Bay Recycler

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“I first applied for a job at the Select agency in 2000. A lot of people had told me that this job was really bad. At first they put me on the cardboard line. That didn’t seem so bad because it’s not so dirty. It’s just that the cardboard stacks up so fast. But then they put me on the trash line, which was a lot dirtier. But the thing is, I needed the job. So I worked hard, and the years passed, and I was still there.

“The worst position — the one with the heaviest and dirtiest work — is the trash line. All the really terrible things are there. Things like dirty diapers. There are dangers too. Broken glass. Rusty iron.

“I got punctured twice by hypodermic needles, and they sent me to the hospital. I was really scared. You could get HIV. They kept checking my blood at a clinic in Castro Valley for eight months afterwards, for AIDS or hepatitis or other illnesses.

“Afterwards, the agency said the company had checked my papers and found out that they weren’t any good. I wouldn’t be able to work anymore if I couldn’t give them new papers within a month. I told her I wanted to see this in writing, and I’d take it to a lawyer before I signed anything. I told her, ‘With the lousy wages you’re paying us, do you think you’re going to find people with good Social Security numbers?’

“After the month was up they didn’t say anything. I knew three people after that who were called into the office after they’d been punctured by a needle, and the company then checked their papers. But they lost their jobs, because they didn’t speak up the way I did.

“Once I was sorting on the line and a heavy piece of equipment fell on me. It really hurt me bad, but they didn’t pay me anything for that or send me to the doctor. Last November I slipped and fell while I was putting a cylinder on the forklift, and it hit me in the stomach. They didn’t do anything for me that time either.

“We don’t have any medical insurance. No vacations. Nothing. They call us temporary workers … but we’re not really temporary. Many of us have been working at ACI for many years.

“When I started at ACI they were paying me $8 an hour. They made us work 10 or 12 hours every day, standing in one place. If we got sick and asked for time off they’d deny it. Every Saturday was mandatory. If we went to the bathroom, they’d look at their watch to see how much time we were taking.

“Then in 2012 they started two shifts and raised the wages to $8.50 for nights and $8.30 for days. I don’t think that’s a fair wage. In one safety meeting I asked them to give us a raise. Then the manager yelled at me … Afterwards he told me I had to go apologize in the office.

“Once a woman said we’d go on strike and Brenda, the manager, said we’d all be fired if we did.

“Then they decided to motivate us by giving us clocks as presents, but they didn’t work. When I asked why they’d give us broken clocks the company was insulted, but I see better stuff in the trash.

“We never knew that San Leandro had a living wage law. We learned about it when we talked with the union organizer, Agustin. We decided to file a court case to force them to raise the wages.

“Then in February they began calling us in to say they’d started checking our papers. When I asked a manager why, she said it was partly because we’d sued the company and partly because the company had been audited by la migra [immigration authorities]. People have worked here for 14 or 15 years, and no one ever said anything to them before. Now that we filed the suit, we’re getting fired.

“Since I got fired, I’ve been very worried about my situation. I can’t get hired and my sons lost their jobs in Los Angeles and came up to live with me. My PG&E bill is very high, $258. The water bill came — $239. The rent is $1,250. We’re all living in one room and renting out the others just to be able to pay it.

“I’ve been here 14 years, and it’s impossible for me to go back to Apatzingan, in Michoacan, where I was born. I may not have a job right now, but I don’t regret anything. I’m going to struggle, and continue moving ahead.”

Editors’ note: Cristina Lopez’ name has been changed to protect her identity

 

Luis Valladares, East Bay recycler

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“My father is a farmer in Chiapas, and grows corn, mangoes, and bananas. Our land wasn’t enough to support our family, though. The little we were able to grow was just to eat.

“When I was 16 I left home and school, and went to Mexico City. Parents never want their children to leave. But we … can’t stay. The majority of young people in my town have left, like me, looking for a way to help their families survive.

“In Mexico City I found work as a musician, because I play the marimba. Then I met my wife. I was the one who suggested to her that we come here. I came first and found a job with this same agency. After five months, I put together enough money to bring my wife.

“We had a daughter we had to leave behind. She was just 3 when we left, and she’s 16 years old now. This was very hard for us. We send money home for her, but she doesn’t want to come live here and leave her grandmother. We don’t want to force her. And now, of course, it’s much harder to come. It’s not just more expensive, but you’re risking your life.

“When we were thinking about coming here, my idea was that we’d stay here for two or three years, save up some money, and then go back and build a house. Now we’ve been here 14 years, and we can’t go back. My children belong here, and there are a lot of benefits for them here.

“I worked at ACI for 12 years. When I started I was a sorter on the line. Then they asked me if I wanted to operate machinery. I ran the packing machine. My job was to watch the line, and calculate the weight of the material going into the machine. If I let too much go in, the machine would seize up. It would be a big headache.

“No one is irreplaceable, but it takes anyone time to learn. You can’t go to sleep on this machine. If you fall in, you’ll wind up in pieces. This is a very dangerous place to work.

“At another company, a friend of my wife reached in to free a piece of metal that had jammed the machine. The machine grabbed his foot. He didn’t lose it, but he’s disabled now.

“When I started at ACI they paid me $6.75 an hour. I left in 2009 because they were only paying me $8.50. But the person they hired to replace me wasn’t very good at the job. After a year, the agency called me and I went back at $10 an hour.

“I didn’t know about the living wage, but some women at work talked with Agustin from the union and decided to file the suit. I never imagined they would fire us for this.

“I thought if we filed a suit, it might lead to having a union. Instead, [the agency managers] said, ‘We want you to re-verify your Social Security number, and bring us proof that you can continue to work here.’

“If we had good numbers we’d never have the kind of problems we have now. By 2001, when I came, you could not get a real Social Security number, although long ago you could.

“At first I was very angry. I felt helpless. And then quickly I began to worry. I have to pay the rent, the bills. The kids have to eat. When you’re working, you only make enough just to live.

“I haven’t been able to find another job. My wife is working, but only part time. Lately I’ve been going out to work with some friends. But it’s just two or three days a week. Every penny I make I’m putting away to pay the rent.

“I don’t believe that what happened to us at ACI is just. We’re looking for the welfare of our families, trying to get a fair wage so we can live better. People need to understand what happened to us — the abuse and low pay that immigrants have to live with.”

Editor’s note: Valladares’ name was changed to protect his identity.

 

Invisible no more

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We all want to be responsible for our environment. We sort our trash. We put the right things into the right containers, and feel good when we see them at the curb on trash pickup day.

Then the trash disappears. End of story.

But really, it’s not the end. Not only does the trash go somewhere, but people still have to sort through what we’ve thrown away. In a society full of people doing work that’s unacknowledged, and often out of sight, those who deal with our recycled trash are some of the most invisible of all.

Sorting trash is dangerous and dirty work. In 2012 two East Bay workers were killed in recycling facilities. With some notable exceptions, putting your hands into fast moving conveyor belts filled with cardboard and cans does not pay well — much less, for instance, than the jobs of the drivers who pick up the containers at the curb. And the sorting is done almost entirely by women of color; in the Bay Area, they are mostly immigrants from Mexico and Central America, as well as some African Americans.

This spring, one group of recycling workers, probably those with the worst conditions of all, finally had enough. Their effort to attain higher wages, particularly after many were fired for their immigration status, began to pull back recycling’s cloak of invisibility. Not only did they become visible activists in a growing movement of East Bay recycling workers, but their protests galvanized public action to stop the firings of undocumented workers.

 

ILLEGAL WAGES FOR “TEMPORARY” WORKERS

Alameda County Industries occupies two big, nondescript buildings at the end of a cul-de-sac in a San Leandro industrial park. Garbage trucks with recycled trash pull in every minute, dumping their fragrant loads gathered on routes in Livermore, Alameda, and San Leandro. These cities contract with ACI to process the trash. In the Bay Area, only one city, Berkeley, picks up its own garbage. All the rest sign contracts with private companies. Even Berkeley contracts recycling to an independent sorter.

At ACI, the company contracts out its own sorting work. A temp agency, Select Staffing, hires and employs the workers on the lines. As at most temp agencies, this means sorters have no health insurance, no vacations, and no holidays. It also means wages are very low, even for recycling. After a small raise two years ago, sorters began earning $8.30 per hour during the day shift, and $8.50 at night.

Last winter, workers discovered this was an illegal wage.

Because ACI has a contract with the city of San Leandro to process its recycling, it is covered by the city’s Living Wage Ordinance, passed in 2007. Under that law, as of July 2013: “Covered businesses are required to pay no less than $14.17 per hour or $12.67 with health benefits valued at least $1.50 per hour, subject to annual CPI [consumer price index] adjustment.”

There is no union for recycling workers at ACI, but last fall some of the women on the lines got a leaflet advertising a health and safety training workshop for recycling workers, put on by Local 6 of the International Longshore and Warehouse Union. There, they met the union’s organizing director, Agustin Ramirez. “Sorting trash is not a clean or easy job anywhere,” he recalls, “but what they described was shocking. And when they told me what they were paid, I knew something was very wrong.”

Ramirez put them in touch with a lawyer. In January, the lawyer sent ACI and Select a letter stating workers’ intention to file suit to reclaim the unpaid wages. ACI has about 70 sorters. At 2,000 work hours per year each, and a potential discrepancy of almost $6 per hour, that adds up to a lot of money in back wages.

The response by ACI and Select was quick. In early February, 18 workers — including all but one who’d signed onto the initial suit — were called into the Select office. They were told the company had been audited by the Immigration and Customs Enforcement agency of the Department of Homeland Security a year before, and that ICE had questioned their immigration status. Unless they could provide a good Social Security number and valid work authorization within a few days, they’d be terminated.

Instead of quietly disappearing, though, about half the sorters walked off the lines on Feb. 27, protesting the impending firings and asking for more time from the company and ICE. Faith leaders and members of Alameda County United for Immigrant Rights joined them in front of the ACI office. Workers came from other recycling facilities. Jack in the Box workers, some of whom were fired after last fall’s fast-food strikes, marched down the cul-de-sac carrying their banner of the East Bay Organizing Committee. Even San Leandro City Councilman Jim Prola showed up.

“The company told us they’d fire anyone who walked out,” said sorter Ignacia Garcia. But after a confrontation at the gate, with trucks full of recycled trash backed up for a block, Select and ACI managers agreed the strikers could return to work the following day. The next week, however, all 18 accused of being undocumented were fired. “Some of us have been there 14 years, so why now?” wondered Garcia.

In the weeks that followed, East Bay churches, which earlier called ICE to try to stop the firings, collected more than $6,500 to pay rent for nine families. According to Rev. Deborah Lee, director of the Interfaith Coalition for Immigrant Rights, “after they had a chance to meet the fired workers and hear their stories, their hearts went out to these hardworking workers and parents, who had no warning, and no safety net.” Money is still coming in, she says.

 

ONE OF MANY BATTLES

Because cities give contracts for recycling services, they indirectly control how much money is available for workers’ wages. But a lot depends on the contractor. San Francisco workers have the gold standard. Recology, whose garbage contract is written into the city charter, has a labor contract with the Teamsters Union. Under it, workers on its recycle lines are guaranteed to earn $21 an hour.

Across the bay, wages are much lower.

ACI is one battle among many taking place among recycling workers concerning low wages. In 1998, Ramirez and the ILWU began organizing sorters. That year 70 workers struck California Waste Solutions, which received a contract for half of Oakland’s recycling in 1992. As at ACI, workers were motivated by a living wage ordinance. At the time, Oakland mandated $8 an hour plus $2.40 for health insurance. Workers were only paid $6, and the city had failed to monitor the company for seven years, until the strike.

Finally, the walkout was settled for increases that eventually brought CWS into compliance. During the conflict, however, it became public (through the Bay Guardian in particular) that Councilman Larry Reid had a financial interest in the business, and that CWS owner David Duong was contributing thousands of dollars in city election races.

Waste Management, Inc., holds the Oakland city garbage contract. While garbage haulers have been Teamster members for decades, when Waste Management took over Oakland’s recycling contract in 1991 it signed an agreement with ILWU Local 6. Here too workers faced immigration raids. In 1998, sorters at Waste Management’s San Leandro facility staged a wildcat work stoppage over safety issues, occupying the company’s lunchroom. Three weeks later immigration agents showed up, audited company records, and eventually deported eight of them. And last year another three workers were fired from Waste Management, accused of not having legal immigration status.

Today Waste Management sorters are paid $12.50 under the ILWU contract — more than ACI, but a long way from the hourly wage Recology pays in San Francisco. Furthermore, the union contracts with both CWS and Waste Management expired almost two years ago. The union hasn’t signed new ones, because workers are tired of the second-class wage standard.

To increase wages, union recycling workers in the East Bay organized a coalition to establish a new standard — not just for wages, but safety and working conditions — called the Campaign for Sustainable Recycling. Two dozen organizations belong to it in addition to the union, including the Sierra Club, the Global Alliance for Incinerator Alternatives, Movement Generation, the Justice and Ecology Project, the East Bay Alliance for a Sustainable Economy, and the Faith Alliance for a Moral Economy.

ILWU researcher Amy Willis points out, “San Francisco, with a $21 wage, charges garbage rates to customers of $34 a month. East Bay recyclers pay half that wage, but East Bay ratepayers still pay $28-30 for garbage, recycling included. So where’s the money going? Not to the workers, clearly.”

Fremont became the test for the campaign’s strategy of forcing cities to mandate wage increases. Last December the Fremont City Council passed a 32-cent rate increase with the condition that its recycler, BLT, agree to provide raises. The union contract there now mandates $14.59 per hour for sorters in 2014, finally reaching $20.94 in 2019. Oakland has followed, requiring wage increases for sorters as part of the new recycling contract that’s currently up for bid.

Good news for those still working. But even for people currently on the job, and certainly for the 18 workers fired at ACI, raising wages only addresses part of the problem. Even more important is the ability to keep working and earn that paycheck.

 

CRIMINALIZING IMMIGRANT WORKERS

When ACI and Select told workers they’d be fired if they couldn’t produce good Social Security numbers and proof of legal immigration status, they were only “obeying the law.” Since 1986, U.S. immigration law has prohibited employers from hiring undocumented workers. Yet according to the Pew Hispanic Trust, 11-12 million people without papers live in the U.S. — and not only do the vast majority of them work, they have to work as a matter of survival. Without papers people can’t collect unemployment benefits, family assistance or almost any other public benefit.

To enforce the law, all job applicants must fill out an I-9 form, provide a Social Security number and show the employer two pieces of ID. Since 1986 immigration authorities have audited the I-9 forms in company personnel records to find workers with bad Social Security numbers or other ID problems. Immigration and Customs Enforcement (ICE) then sends the employer a letter, demanding that it fire those workers.

According to ICE, last year the agency audited over 2,000 employers, and similar numbers in previous years. One of the biggest mass firings took place in San Francisco in 2010, when 475 janitors cleaning office buildings for ABM Industries lost their jobs. Olga Miranda, president of Service Employees Local 87, the city’s janitors union, charges: “You cannot kill a family quicker than by taking away their right to find employment. The I-9 audits, the workplace raids, E-Verify, make workers fear to speak out against injustices, that because of their immigration status they have no standing in this country. They have criminalized immigrants. They have dehumanized them.”

One fired janitor, Teresa Mina, said at the time, “This law is very unjust. We’re doing jobs that are heavy and dirty, to help our children have a better life, or just to eat. Now my children won’t have what they need.”

Similar I-9 audits have taken place in the past two years at the Pacific Steel foundry in Berkeley, at Silicon Valley cafeterias run by Bon Appetit, at South Bay building contractor Albanese Construction, and at the Dobake bakery, where workers prepare food for many Bay Area schools. All are union employers.

Sometimes the audits take place where workers have no union, but are protesting wages and conditions. Like the ACI workers, in 2006 employees at the Woodfin Suites hotel in Emeryville asked their employer to raise their wages to comply with the city’s living wage ordinance. Twenty-one housekeepers were then fired for not having papers. Emeryville finally collected over $100,000 in back pay on their behalf, but the workers were never able to return to their jobs.

Last fall, as fast-food workers around the country were demanding $15 an hour, several were fired at an Oakland Jack in the Box for being undocumented. “They knew that when they hired us,” said Diana Rivera. “I don’t believe working is a crime. What we’re doing is something normal — we’re not hurting anyone.” The Mi Pueblo Mexican market chain also fired many workers in an immigration audit, during a union organizing drive.

Because the audits are not public, no exact total of the number of workers fired is available. ICE spokesperson Virginia Kice would not comment on the audit at ACI. In response to an information request, she stated: “To avoid negatively impacting the reputation of law-abiding businesses, we do not release information or confirm an audit unless the investigation results in a fine or the filing of criminal charges.” Neither ACI nor Select Staffing responded to requests for comment.

San Francisco became a leader in opposing the firings in January, when the Board of Supervisors passed unanimously a resolution calling on the Obama administration to implement a moratorium on the audits and on deportations. Other cities, like Los Angeles, have also opposed deportations, but San Francisco added: “End the firings of undocumented workers by ending the I-9 audits and the use of the E-Verify system.”

Gordon Mar, of Jobs with Justice, urged the board to act at a rally in front of City Hall. “When hundreds of workers are fired from their jobs,” he declared, “the damage is felt far beyond the workers themselves. Many communities have voiced their opposition to these ‘silent raids’ because they hurt everyone. Making it a crime to work drives people into poverty, and drives down workplace standards for all people.” Like many Bay Area progressive immigrant rights activists, Mar calls for repealing the section of immigration law that prohibits the undocumented from working.

The Board of Supervisors urged President Obama to change the way immigration law is enforced, in part because Congress has failed to pass immigration reform that would protect immigrants’ rights. The Senate did pass a bill a year ago, but although it might eventually bring legal status to some of the undocumented, other provisions would increase firings and deportations.

Like the Board of Supervisors, therefore, the California Legislature has also passed measures that took effect Jan. 1, to ameliorate the consequences of workplace immigration enforcement: AB 263, AB 524, and SB 666. Retaliation is now illegal against workers who complain they are owed unpaid wages, or who testify about an employer’s violation of a statute or regulation. Employers can have their business licenses suspended if they threaten to report the immigration status of workers who exercise their rights. Lawyers who do so can be disbarred. And threats to report immigration status can be considered extortion.

It’s too early to know how effective these new measures will be in protecting workers like the 18 who were fired at ACI. While a memorandum of understanding between ICE and the Department of Labor bars audits or other enforcement actions in retaliation for enforcing wage and hour laws, ICE routinely denies it engages in such retaliation.

Yet, as difficult as their situation is, the fired recyclers don’t seem to regret having filed the suit and standing up for their rights. Meanwhile, the actions by the cities of Oakland and Fremont hold out the promise of a better standard of living for those still laboring on the lines.

 

Citizen Agnos comes on strong for Proposition B in support of his Athenian oath

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By Bruce B. Brugmann  (with the complete  text of Art Agnos speech  to the  May 21 dinner of San Francisco Tomorrow)

When Art Agnos was sworn in as mayor in 1988, he used the Athenian Oath that was taken by young men reaching the age of majority in Athens 2000 years ago.  He shortened the oath (as many did) to say: “I promise…upon my honor…to leave my city better than I found it.”

For Agnos, a Greek steeped in Greek traditions, the oath was a serious matter. “At the heart of our vision,” Agnos said in his inaugural address, “ is a refusal to let San Francisco become an expensive enclave  that locks out the middle class, working families and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing.”  

Twenty-six years later, Citizen Agnos was working hard  in private life to leave his city better than he had found it. He led a citizens’ movement that stopped the monstrous 8 Washington project, knocked the Warriors off the piers, forced the Giants to lower their  highrise expectations,  and promoted Proposition  B that would stop  the Wall on the Waterfront and require a public vote on any increases  to current height limits on port property.

 And Agnos is having the time of his life doing all this, as he made clear in his remarks to San Francisco Tomorrow, the one organization in town that has been manning the barricades in every major Manhattanization battle all these years  on the waterfront and everywhere else.  He enjoys taking on Mayor Lee and “the high tech billionaire political network that wants to control city hall and fulfill their vision of who can live here and where.” And he must relish  the Chronicle’s C.W.Nevius and the paper’s editors and their self-immolating bouts of hysteria.  

Agnos gave a splendid speech and confirms that he really is our best ex-mayor. I particularly liked his point about the “power to decide” on development. “Today that power to decide is in a room In City Hall. I know that room. I have been in that room. 

“You know who is in there? It is the lobbyists,..the land use lawyers…the construction union representatives..the department directors..and other politicians. You know who is not in that room. You.Prop B changes that dynamic and puts you in the room that matters. No more ‘advisory committees’ that get  indulged and brushed off. No more ‘community outreach’ that is ignored. It will all matter.”

Yes, yes, yes, a thousand times yes, on B and stopping the Manhattanization of the waterfront. b3

Agnos remarks to San Francisco Tomorrow 

I am delighted to speak to the members and friends of SFT about the waterfront tonight…and a special shout out to Jane Morrison as one of the pioneer professional  women in the media… and one of the  finest Social Service Commissioners in our City’s history. I also welcome the opportunity to join you in honoring tonight’s unsung heroes…Becky Evans with whom I have worked closely over the past year and half …Tim Redmond  the conscience of the progressive community for the past 35 years…Sarah Short and Tommi Avicolli Mecca from the Housing Rights Committee who stand up every day for poor and working people who need a voice in our city.

Twenty-four years ago in 1990, I made one of the best decisions of my mayoralty when I listened to the progressive environmental voice of San Francisco and ordered the demolition of the Embarcadero Freeway. That freeway was not only a hideous blight but also a wall that separated the city from its waterfront. Hard to believe today…but it was a very controversial decision back then… just 3 years before…in 1987 the voters had defeated a proposal by Mayor Feinstein to demolish it. The Loma Prieta Earthquake gave us a chance to reconsider that idea in 1990. Despite opposition of 22,000 signatures on a petition to retrofit the damaged freeway… combined with intense lobbying from the downtown business community led by the Chamber of Commerce, North Beach, Fisherman’s Wharf and especially Chinatown…we convinced the Board of Supervisors to adopt our plan to demolish the freeway… by one vote.

And the rest is history…until today. 

After a period of superb improvements that include a restored Ferry Building…the Ball park… new public piers where one can walk further out into the bay than ever before in the history of this city… the 
Exploratorium…the soon to be opened Jim Herman Cruise Ship terminal…Brannan Wharf Park…there is a new threat. Private development plans that threaten to change the environment of what Herb Caen first called “our newest precious place” …not with an ugly concrete freeway wall…but with steel and glass hi-rises that are twice as tall.

Today…the availability of huge amounts of developer financing …combined with unprecedented influence in city hall and the oversight bodies of this city…the Waterfront has become the new gold coast of San Francisco. Politically connected developers seek to exploit magnificent public space with hi-rise, high profit developments that shut out the ordinary San Franciscan from our newest precious place. We love this city because it is a place where all of us have a claim to the best of it…no matter what our income…no matter that we are renter or homeowner…no matter what part of the city we come from.

And connected to that is the belief that waterfront public land is for all of us…not just those with the biggest bank account or most political influence. 

That was driven home in a recent call I had from a San Franciscan who complained about the high cost of housing for home ownership or rent…the high cost of Muni…museum admissions…even Golden Gate Bridge tours and on and on. When he finished with his list, I reminded him I was mayor 23 years ago and that there had been 4 mayors since me,  so why was he complaining to me?
“Because you are the only one I can reach!” he said.

Over the past few weeks…that message has stuck with me.  And I finally realized why. This is what many people in our city have been seeking… someone who will listen and understand. Someone who will listen…understands… and acts to protect our newest precious place…our restored waterfront. You see…it was not just about luxury high-rise condos at 8 Washington last year…It was not just a monstrous 
basketball arena on pier 30-32 with luxury high-rise condos and a hotel across the street on public land. It’s about the whole waterfront that belongs to the people of San Francisco…all 7 and half miles of it… from the Hyde Street Piers to India Basin. And it must be protected from the land use mistakes that can become irrevocable. 

This is not new to our time…8 Washington and the Warriors arena were not the first horrendous proposals…they were only the latest. Huge… out of scale… enormously profitable projects… fueled by exuberant boosterism from the Chamber of Commerce… have always surfaced on our waterfront. 50 years ago…my mentor in politics…then Supervisor Leo McCarthy said, “We must prevent a wall of high rise apartments along the waterfront…and we must stop the filling in of the SF bay as a part of a program to retain the things that have made this city attractive.” That was 1964…

In 2014…Former Board of Supervisors President Aaron Peskin said it best this way…”It seems like every 10 years…every generation has to stand up to some huge development that promises untold riches
  as it seeks to exploit the waterfront and our public access to it.” Public awareness first started with the construction of the 18 stories of Fontana towers east and west in 1963. That motivated then Assemblyman Casper Weinberger to lead public opposition and demand the first height limits… as well as put a stop to 5 more Fontana style buildings on the next block at Ghirardelli Square. This was the same Casper Weinberger who went on to become Secretary of HEW and Secretary of Defense under President Ronald Reagan.

In 1970 the Port Commission proposed to rip out the then “rotting piers” of piers 1 – 7 just north of the Ferry Building. They were to be replaced with 40 acres of fill (3 X Union Square) upon which a 1200-room hotel and a 2400 car garage would be built. It passed easily through Planning and the Board of Supervisors. When the proposal was rejected on 22 to 1 vote by BCDC, Mayor Alioto complained, “We just embalmed the rotting piers.” No… we didn’t …we saved them for the right project…and if one goes there today… they see it…the largest surviving renovated piers complex with restaurants, walk in cafes, port offices, free public docking space, water taxis and complete public access front and back. 

In 2002… that entire project was placed on the U.S. National Historic Register. But my favorite outrageous proposal from that time was the plan to demolish another set of “rotting piers” from the Ferry Building south to the Bay Bridge. And in place of those rotting piers… the plans called for more landfill to create a Ford dealership car lot with 5000 cars as well as a new Shopping center. That too…was stopped.

So now it’s our turn to make sure that we stop these all too frequent threats to the access and viability of our waterfront.

In the past 2 weeks…we have seen momentum grow to support locating the George Lucas Museum on piers 30-32 or the sea wall across the Embarcadero.I love the idea…but where would we be with that one be if a small band of waterfront neighbors and the Sierra Club had not had the courage to stand up to the Warriors and City Hall 2 years ago. Once again they used the all too familiar refrain of “rotting piers” as an impending catastrophe at piers 30-32.

Proposition B will help prevent mistakes before they happen. Most of all… Prop B will ensure protection of the port on more permanent basis by requiring a public vote on any increases to current height limits on Port property.All of the current planning approval processes will stay in place…Port Commission…Planning commission…Board of Permit Appeals…Board of Supervisors…will continue to do what they have always done. But if a waiver of current height limits along the waterfront is granted by any of those political bodies…it must be affirmed by a vote of the people. Prop B does not say Yes or No…it says Choice. It is that simple. The people of SF will make the final choice on height limit increases on port property. 

The idea of putting voters in charge of final approval is not new. In the past the people of San Francisco have voted for initiatives to approve a Children’s budget…a Library budget…retaining neighborhood fire stations… minimum police staffing… as well as require public authorization for new runway bay fill at our airport. And at the port itself… there have been approximately 18 ballot measures to make land use and policy decisions.

So…we are not talking about ballot box planning…we are talking about ballot box approval for waivers of existing height limits on public property. Opponents like Building Trades Council, Board of Realtors, 
and Chamber of Commerce are raising alarms that we will lose environment protections like CEQA by creating loopholes for developers. 
Astonishing! 

Prop B is sponsored by the Sierra Club…Tonight we honor Becky Evans of the Sierra Club who sponsored Proposition B. That same set of opponents are joined by city bureaucrats issuing “doomsday” reports stating that we will lose thousands of units of middle class housing… billions of dollars in port revenues…elimination of parks and open space on the waterfront. Astonishing!

These are the same bureaucrats who issued glowing reports a couple of years ago that the America’s Cup would mean billions in revenue for the port and the city. And they wanted to give Oracle’s Larry Ellison 66-year leases to develop on 5 of our port piers for that benefit! Now…how did THAT work out? So far…city hall will admit to $11 million dollars in known losses for the taxpayers.

Another opponent… SPUR says any kind of housing will make a difference and there are thousands in the pipe line… so don’t worry.
Astonishing!

We have not seen one stick of low income or affordable housing proposed on the waterfront since the 80s and 90s when Mayor Feinstein and I used waterfront land for that very purpose. Hundreds of low-income housing dwellings like Delancey Street and Steamboat Point Apartments…affordable and middle class housing like South Beach Marina apartments and Bayside village comprise an oasis of diversity and affordable housing in the midst of ultra expensive condos. For me…that was part of an inaugural promise made in January 1988…I said, “At the heart of our vision is a refusal to let San Francisco become an expensive enclave that locks out the middle class, working families and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing. 

Yes…that was the commitment on public land on the waterfront by 2 mayors of a recent era… but not today. Indeed…San Francisco has been rated the #1 least affordable city in America…including NY Manhattan. That is one of the many reasons we see middle class  people…as well as working poor…being forced to leave San Francisco for Oakland and elsewhere in the bay area. That reality was reinforced in the February 10, 2014 issue of Time Magazine…Mayor Lee said, “I don’t think we paid any attention to the middle class. I think everybody assumed the middle class was moving out.”

Today…An individual or family earning up to $120,000 per year …150 per cent of the median in this city… do not qualify for a mortgage and can’t afford the rent in one of the thousands of new housing units opening in the city. The Chronicle reported a couple of weeks ago that a working family of  3 who have lived in a rent-controlled studio apartment in the Mission is offered $50 K to leave. That is what the purely developer driven housing market offers. And that philosophy is reinforced by a planning commission whose chair was quoted in December 2013 issue of SF Magazine saying, “Mansions are as just as important as housing.”

Prop B changes that dynamic by putting the Citizen in the room with the “pay to play” power brokers. That is what it is all about my friends. Power.

Former SF city planning director and UC School of City Planning Professor…Alan Jacobs recently related what he called the Jacobs Truism of land economics: “Where political discretion is involved in land use decisions…the side that wins is the side with the most power. And that side is the side with the most money.” Prop B will ensure that if developers are going to spend a lot of money to get a height waiver on port property …the best place to spend it will be to involve, inform, and engage the citizen as to the merit of their request…not on the politicians.

Today that power to decide is in a room in City Hall. I know that room…I have been in that room. You know who is there? It is the lobbyists…the land use lawyers…the construction union representatives…the departmental directors… and other politicians. You know who is not in the room? YOU. The hope is that someone in that room remembers you. But if you really want your voice to be heard…you have to go to some departmental hearing or the Board of Supervisors…wait for 3 or 4 hours for your turn… and then get 2 minutes to make your case. Prop B changes that dynamic and puts you in the room that matters. No more “advisory committees” that get indulged and brushed off. No more “community outreach” that is ignored. 

It will all matter. That is why today there is no opposition from any waterfront developer…They get it. We are going to win. It is easy to see how the prospect of Prop B on the ballot this June has changed the dynamics of high-rise development along the waterfront. The Warriors have left and purchased a better location on private land in Mission Bay. The Giants have publicly announced that they will revise their plans with an eye to more appropriate height limits on port land. Forest City is moving with a ballot proposal to use Pier 70 to build new buildings of 9 stories…the same height as one of current historic buildings they will preserve on that site for artists.

The Pier 70 project will include 30 percent low-income…affordable and middle class housing on site… along with low-tech industries, office space and a water front promenade that stretches along the entire shoreline boundary. A good project that offers what the city needs will win an increase in height limits because it works for everybody. A bad one will not. My friends…I have completed my elected public service career. There will be no more elections for me.

And as I review my 40 years in public life…I am convinced of one fundamental truth. The power of the people should… and must… determine what kind of a city this will be. It must not be left to a high tech billionaire political network that wants to control city hall to fulfill their vision of who can live here and where. It starts with you… the people of this city’s neighborhoods… empowered to participate in the decisions that affect our future. You are the ones who must be vigilant and keep faith with values that make this city great. This city is stronger when we open our arms to all who want to be a part of it…to live and work in it…to be who they want to be…with whomever they want to be it with. Our dreams for this city are more powerful when they can be shared by all of us in our time…

We are the ones …here and now… who can create the climate to advance the San Francisco dream to the next generation. And the next opportunity to do that will be election day 
June 3. Thank you.

B3 note: The full Athenian oath: “We will never bring disgrace on this our City by an act of dishonesty or cowardice. We will fight for the ideals and Sacred Things of the City both alone and with many. We will revere and obey the City’s laws and will do our best to incite a like reverence and respect in those above us who are prone to annul them or set them at naught. We will strive unceasingly to quicken the public’s sense of civic duty. Thus, in all ways, we will transmit this City not only, not less, but greater and more beautiful than it was transmitted back to us.”  The National League of Cities publishes the oath and says it “was recited by the citizens of Athens, Greece, over 2,000 years ago. It is frequently referenced by civic leaders in modern times as a timeless code of civic responsibility.” 

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian. He is the former editor and co-founder and co-publisher of the Guardian with his wife Jean Dibble, 1966-2012. He can be reached at Bruoe@sfbg.com) 

 

 

 

Meet the people who are getting forced out of San Francisco

The Anti-Eviction Mapping Project has come out with a number of visualization projects in the past year to document the trend of eviction in San Francisco, where rents have reached absurdly high levels and landlords have a greater incentive to oust longtime tenants.

Last year, the volunteer-based digital storytelling collective published a time-lapse visualization using San Francisco Rent Board data to plot Ellis Act evictions from the late-1990s to the present. It also published the names of landlords who were deemed to be serial evictors.

The collective’s latest digital storytelling project, a crowd-sourced map plotting narratives of displacement, goes beyond just data. Co-collaborators enter into longtime tenants’ homes, gaze into their lives, and dive into personal histories. The result is a tapestry of stories about the human beings who are departing from San Francisco due to eviction.

Much of the rhetoric around displacement trend and the lack of housing affordability in San Francisco has revolved around the idea of an endangered “soul of the city.” But that’s not an easy thing to conceptualize: How do we imagine the “soul” of a densely developed peninsula that’s home to more than 800,000 people, many with ties to far-flung nations, bound by city blocks and urban infrastructure?

This project might help define what’s meant by that “soul,” by describing San Francisco through the lens of individual experience. Yasmin (a former San Franciscan who now lives in Oakland) expresses nostalgia for the days when she would regularly encounter queer women on the corner of 19th and Valencia. Stewart (who was displaced from his home in the Castro, but was able to find new housing there) describes his initial arrival to San Francisco, at a time when the AIDS epidemic was in full force. Nancy (who was evicted from Folsom and Cesar Chavez) describes how people in her Mission neighborhood stopped making eye contact as the character, class, and aesthetic of the area changed.

Displacement can affect residents who are being forced out, or those who are in San Francisco to stay – and the project organizers have invited anyone to contribute. People can post to the website directly, using the geolocation function to tag the place they want to focus on. According to a notice sent out by the Anti-Eviction Mapping Project team, “this platform is intended for anyone to upload any story or anecdote that they observe or experience around gentrification. It does not have to be a loss of a home, though it could be.”

People who want to take part in the storytelling project can email narrativesofdisplacement@in.crowdmap.com, or send an SMS to 1-772-200-4233 with *narrativesofdisplacement in the message. 

Agnos offers waterfront development history lesson during SFT speech

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[Editor’s Note: This is the text of a speech that former Mayor Art Agnos gave at San Francisco Tomorrow’s annual dinner on May 21. We reprint it here in its entirely so readers can hear directly what Agnos has been saying on the campaign trail in support of Prop. B]

I am delighted to speak to the members and friends of SFT about the waterfront tonight…and a special shout out to Jane Morrison as one of the pioneer professional women in the media and one of the finest Social Service Commissioners in our City’s history.

I also welcome the opportunity to join you in honoring tonight’s unsung heroes: Becky Evans, with whom I have worked closely over the past year and half; Tim Redmond, the conscience of the progressive community for the past 35 years; and Sara Shortt and Tommi Avicolli Mecca from the Housing Rights Committee, who stand up every day for poor and working people who need a voice in our city.

Twenty-four years ago, in 1990, I made one of the best decisions of my mayoralty when I listened to the progressive environmental voice of San Francisco and ordered the demolition of the Embarcadero Freeway. That freeway was not only a hideous blight but also a wall that separated the city from its waterfront.

Hard to believe today, but it was a very controversial decision back then. Just three years before, in 1987, the voters had defeated a proposal by Mayor Feinstein to demolish it. The Loma Prieta Earthquake gave us a chance to reconsider that idea in 1990.

Despite opposition of 22,000 signatures on a petition to retrofit the damaged freeway, combined with intense lobbying from the downtown business community led by the Chamber of Commerce, North Beach, Fisherman’s Wharf, and especially Chinatown, we convinced the Board of Supervisors to adopt our plan to demolish the freeway, by one vote.

And the rest is history — until today.

After a period of superb improvements — that include a restored Ferry Building, the ball park, two new public piers where one can walk further out into the bay than ever before in the history of this city, the Exploratorium, the soon to be opened Jim Herman Cruise Ship Terminal, Brannan Wharf Park — there is a new threat.

Private development plans that threaten to change the environment of what Herb Caen first called “our newest precious place,” not with an ugly concrete freeway wall, but with steel and glass high-rises that are twice as tall. Today, the availability of huge amounts of developer financing, combined with unprecedented influence in City Hall and the oversight bodies of this city, the waterfront has become the new gold coast of San Francisco.

Politically connected developers seek to exploit magnificent public space with high-rise, high profit developments that shut out the ordinary San Franciscan from our newest precious place. We love this city because it is a place where all of us have a claim to the best of it, no matter what our income, no matter that we are renter or homeowner, no matter what part of the city we come from.

And connected to that is the belief that waterfront public land is for all of us, not just those with the biggest bank account or most political influence. That was driven home in a recent call I had from a San Franciscan who complained about the high cost of housing for home ownership or rent, the high cost of Muni, museum admissions, even Golden Gate Bridge tours, and on and on.

When he finished with his list, I reminded him I was mayor 23 years ago and that there had been four mayors since me, so why was he complaining to me? “Because you are the only one I can reach!” he said.

Over the past few weeks, that message has stuck with me. And I finally realized why. This is what many people in our city have been seeking, someone who will listen and understand. Someone who will listen, understands, and acts to protect our newest precious place, our restored waterfront.

You see, it was not just about luxury high-rise condos at 8 Washington last year. It was not just a monstrous basketball arena on Pier 30-32 with luxury high-rise condos and a hotel across the street on public land. It’s about the whole waterfront that belongs to the people of San Francisco, all seven and a half miles of it, from the Hyde Street Piers to India Basin. And it must be protected from the land use mistakes that can become irrevocable.

This is not new to our time: 8 Washington and the Warriors arena were not the first horrendous proposals, they were only the latest. Huge, out of scale, enormously profitable projects, fueled by exuberant boosterism from the Chamber of Commerce, have always surfaced on our waterfront.

Fifty years ago, my mentor in politics, then-Supervisor Leo McCarthy said, “We must prevent a wall of high rise apartment along the waterfront, and we must stop the filling in of the SF bay as a part of a program to retain the things that have made this city attractive.”

That was 1964. In 2014, former Board of Supervisors President Aaron Peskin said it best this way: “It seems like every 10 years, every generation has to stand up to some huge development that promises untold riches as it seeks to exploit the waterfront and our public access to it.”

Public awareness first started with the construction of the 18 stories of Fontana towers east and west in 1963. That motivated then-Assemblyman Casper Weinberger to lead public opposition and demand the first height limits, as well as put a stop to five more Fontana-style buildings on the next block at Ghirardelli Square. This was the same Casper Weinberger who went on to become Secretary of HEW [formerly the Department of Health, Education, and Welfare] and Secretary of Defense under President Ronald Reagan.

In 1970, the Port Commission proposed to rip out the then “rotting piers” of Piers 1 – 7 just north of the Ferry Building. They were to be replaced with 40 acres of fill (three times the size of Union Square) upon which a 1200-room hotel and a 2400 car garage would be built.

It passed easily through Planning and the Board of Supervisors. When the proposal was rejected on 22 to 1 vote by BCDC [the San Francisco Bay Conservation and Development Commission], Mayor Alioto complained, “We just embalmed the rotting piers.”

No, we didn’t, we saved them for the right project. And if one goes there today, they see it, the largest surviving renovated piers complex with restaurants, walk-in cafes, Port offices, free public docking space, water taxis, and complete public access front and back. In 2002, that entire project was placed on the U.S. National Historic Register.

But my favorite outrageous proposal from that time was plan to demolish another set of “rotting piers” from the Ferry Building south to the Bay Bridge. And in place of those rotting piers, the plans called for more landfill to create a Ford dealership car lot with ,5000 cars as well as a new shopping center. That too was stopped.

So now it’s our turn to make sure that we stop these all too frequent threats to the access and viability of our waterfront. In the past two weeks, we have seen momentum grow to support locating the George Lucas Museum on Piers 30-32 or the sea wall across the Embarcadero.

I love the idea, but where would we be with that one if a small band of waterfront neighbors and the Sierra Club had not had the courage to stand up to the Warriors and City Hall two years ago. Once again, they used the all too familiar refrain of “rotting piers” as an impending catastrophe at Piers 30-32.

Proposition B will help prevent mistakes before they happen. Most of all, Prop. B will ensure protection of the Port on a more permanent basis by requiring a public vote on any increases to current height limits on Port property. All of the current planning approval processes will stay in place — Port Commission, Planning Commission, Board of Permit Appeals, Board of Supervisors, all will continue to do what they have always done.

But if a waiver of current height limits along the waterfront is granted by any of those political bodies, it must be affirmed by a vote of the people. Prop B does not say Yes or No, it says Choice. It is that simple. The people of SF will make the final choice on height limit increases on Port property.

The idea of putting voters in charge of final approval is not new. In the past, the people of San Francisco have voted for initiatives to approve a Children’s budget, a Library budget, retaining neighborhood fire stations, minimum police staffing, as well as to require public authorization for new runway bay fill at our airport. And at the Port itself, there have been approximately 18 ballot measures to make land use and policy decisions.

So we are not talking about ballot box planning, we are talking about ballot box approval for waivers of existing height limits on public property. Opponents like Building Trades Council, Board of Realtors, and Chamber of Commerce are raising alarms that we will lose environment protections like CEQA by creating loopholes for developers. Astonishing!

Prop B is sponsored by the Sierra Club. Tonight we honor Becky Evans of the Sierra Club who sponsored Proposition B. That same set of opponents are joined by city bureaucrats issuing “doomsday” reports stating that we will lose thousands of units of middle class housing, billions of dollars in Port revenues, elimination of parks and open space on the waterfront. Astonishing!

These are the same bureaucrats who issued glowing reports a couple of years ago that the America’s Cup would mean billions in revenue for the Port and the city. And they wanted to give Oracle’s Larry Ellison 66-year leases to develop on five of our Port piers for that benefit! Now, how did THAT work out? So far, City Hall will admit to $11 million in known losses for the taxpayers. Another opponent, SPUR [San Francisco Planning and Urban Research Association], says any kind of housing will make a difference and there are thousands in the pipeline, so don’t worry. Astonishing!

We have not seen one stick of low income or affordable housing proposed on the waterfront since the ‘80s and ‘90s when Mayor Feinstein and I used waterfront land for that very purpose. Hundreds of low-income housing dwellings like Delancey Street and Steamboat Point Apartments, affordable and middle class housing like South Beach Marina apartments and Bayside village, comprise an oasis of diversity and affordable housing in the midst of ultra expensive condos.

For me, that was part of an inaugural promise made in January 1988. I said, “At the heart of our vision is a refusal to let San Francisco become an expensive enclave that locks out the middle class, working families, and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing.”

Yes, that was the commitment on public land on the waterfront by two mayors of a recent era, but not today. Indeed, San Francisco has been rated the #1 least affordable city in America, including NY Manhattan. That is one of the many reasons we see middle class people, as well as working poor, being forced to leave San Francisco for Oakland and elsewhere in the Bay Area.

That reality was reinforced in the February 10, 2014 issue of Time Magazine. Mayor Lee said, “I don’t think we paid any attention to the middle class. I think everybody assumed the middle class was moving out.”

Today, an individual or family earning up to $120,000 per year — 150 percent of the median in this city — does not qualify for mortgage and can’t afford the rent in one of the thousands of new housing units opening in the city. The Chronicle reported a couple of weeks ago that a working family of three who have lived in a rent-controlled studio apartment in the Mission was offered $50,000 to leave.

That is what the purely developer-driven housing market offers. And that philosophy is reinforced by a Planning Commission whose chair was quoted in December 2013 issue of SF Magazine saying, “Mansions are just as important as housing.”

Prop B changes that dynamic by putting the citizen in the room with the “pay to play” power brokers. That is what it is all about my friends: Power.

Former SF city planning director and UC School of City Planning Professor Alan Jacobs recently related what he called the Jacobs Truism of land economics: “Where political discretion is involved in land use decisions, the side that wins is the side with the most power. And that side is the side with the most money.”

Prop B will ensure that if developers are going to spend a lot of money to get a height waiver on Port property, the best place to spend it will be to involve, inform, and engage the citizen as to the merit of their request, not on the politicians. Today that power to decide is in a room in City Hall. I know that room. I have been in that room.

You know who is there? It is the lobbyists, the land use lawyers, the construction union representatives, the departmental directors, and other politicians. You know who is not in the room? You. The hope is that someone in that room remembers you.

But if you really want your voice to be heard, you have to go to some departmental hearing or the Board of Supervisors, wait for three or four hours for your turn, and then get two minutes to make your case. Prop B changes that dynamic and puts you in the room that matters. No more “advisory committees” that get indulged and brushed off. No more “community outreach” that is ignored.

It will all matter. That is why today there is no opposition from any waterfront developer. They get it. We are going to win. It is easy to see how the prospect of Prop B on the ballot this June has changed the dynamics of high-rise development along the waterfront.

The Warriors have left and purchased a better location on private land in Mission Bay. The Giants have publicly announced that they will revise their plans with an eye to more appropriate height limits on Port land. Forest City is moving with a ballot proposal to use Pier 70 to build new buildings of nine stories, the same height as one of current historic buildings they will preserve on that site for artists.

The Pier 70 project will include 30 percent low-income, affordable and middle class housing on site, along with low-tech industries, office space, and a waterfront promenade that stretches along the entire shoreline boundary. A good project that offers what the city needs will win an increase in height limits because it works for everybody. A bad one will not.

My friends, I have completed my elected public service career. There will be no more elections for me. And as I review my 40 years in public life, I am convinced of one fundamental truth: The power of the people should, and must, determine what kind of a city this will be.

It must not be left to a high-tech billionaire political network that wants to control City Hall to fulfill their vision of who can live here and where. It starts with you, the people of this city’s neighborhoods, empowered to participate in the decisions that affect our future. You are the ones who must be vigilant and keep faith with values that make this city great.

This city is stronger when we open our arms to all who want to be a part of it, to live and work in it, to be who they want to be, with whomever they want to be it with. Our dreams for this city are more powerful when they can be shared by all of us in our time.

WE are the ones, here and now, who can create the climate to advance the San Francisco dream to the next generation. And the next opportunity to do that will be election day June 3.

Thank you.

 

Shipyard artists promised affordable studios in solar-powered facility

Alarm bells went off last year when a small group of sculptors and painters in Building 101 at the Hunters Point Shipyard artists’ colony – one of the largest artist enclaves on the western seaboard, where even famed poet and artist Lawrence Ferlinghetti has a studio – faced possible loss of affordable studio space.

Some artists who had long occupied low-rent studios were threatened under a shortsighted relocation plan hatched by Lennar, the mega-developer that is undertaking a sprawling mixed-use and residential project spanning 770 acres at Hunters Point Shipyard and Candlestick Point.

Fortunately it now seems that the artist colony, which has been there since the 1980s, may face brighter days ahead. Not only were the small number of Building 101 artists spared from eviction, but another group of artists who currently occupy studios in buildings that are slated for demolition under Lennar’s plan have now been promised brand-new art studio space with affordable rents set in perpetuity. 

Commissioners of the Office of Community Investment and Infrastructure – better known as the successor agency to the San Francisco Redevelopment Agency – will today [Tue/20] consider a final plan for a new shipyard art facility, which is expected to pass. The 87,000 square foot structure would house 130 artists’ studios, plus a gallery space, a kiln room, a spray booth and more. 

The Shipyard Trust for the Arts (STAR), a nonprofit organization that’s represented the Shipyard artists since the mid-1990s, announced in a press statement May 19 that it had approved Lennar’s final building design – and had managed to convince the developer to install solar panels to save energy costs in an effort to keep monthly rental payments at affordable rates.

Under a 2004 agreement, Lennar guaranteed that there would be no net loss of studio space, and a stipulation in Lennar’s development agreement promised that rents in the new studio spaces to accommodate displaced artists would be based on building operating costs only. But even this seemingly minimal threshold would have resulted in a projected 50 percent rent spike for more than half the artists facing relocation. This would have forced some of them off the shipyard, and out of San Francisco by default – dealing yet another blow to the city’s arts community.

In the course of a long and arduous negotiating process with Lennar with input from OCII, the shipyard artists proposed that Lennar supply solar energy to the building, which would allow the savings in utility costs to be put toward subsidizing studio rents for artists who would be otherwise forced out.

“That was really outside of their obligations,” noted Amabel Akwa-Asare, OCII assistant project manager, who has been working with Lennar and STAR on behalf of city government.

“It has been a long and difficult process,” said STAR vice president Stacey Carter, “but Lennar has agreed to put solar on the new artists studio building at Hunters Point Shipyard and STAR intends to use that savings to help offset the rents for qualified, low-income artists.”