Renters

Free solar power?

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› sarah@sfbg.com

GREEN CITY San Francisco’s new solar incentive program just might make the conversion to green power almost free to city residents when combined with other state and federal programs, some of which expire at the end of this year.

This is an unlikely city for such a dynamic, as we reported a couple months ago (see "Dark days," 04/16/08), given our small lot sizes, high costs, and the fact that we have about twice as many renters as homeowners. The solar program also hit some political snags.

Promoted since December 2007 by Mayor Gavin Newsom and Assessor/Recorder Phil Ting, the Solar Energy Incentive program has been struggling to get Board of Supervisors approval since January when Sups. Chris Daly, Jake McGoldrick, Ross Mirkarimi, and Aaron Peskin objected to the use of public money to fund the program, which will subsidize solar installations on private homes and businesses.

These San Francisco Public Utilities Commission funds were intended to expand publicly owned power projects such as solar panel installation on city property. But as the SFPUC’s Barbara Hale explained to the Guardian, new laws prevent cities from qualifying for state rebates if they convert municipally owned buildings to solar, making those conversions a comparatively losing financial equation.

So on June 10, the board approved Newsom’s program in an 8-3 vote, with Mirkarimi lending his support after he secured funding for a complementary $1.5 million, one-year solar pilot program targeted at nonprofits and low-income families. The San Francisco Solar Energy Incentive program will provide $3 million in solar rebates annually for 10 years.

As Mirkarimi aide Rick Galbreath told the Guardian, "Nonprofits can’t always move as fast as the private sector, and solar advocates, who have been pushing other programs since December, have already got things in the pipeline."

Some of those other programs combine with the new city one in interesting ways. "What if solar were free? Then everyone would install it, right?" was the question posed by Tom Price, whom we profiled in January (see "Solar man," 01/02/08) for founding Black Rock Solar, which does large public interest solar projects using volunteer labor.

Now Price thinks the free solar power that he’s been able to leverage for schools and hospitals just might be available to the average San Franciscan. "This program inadvertently could make solar in San Francisco the cheapest it’s ever been," Price told us. "At least for a short window of time."

Under the city’s program, solar rebates begin at $3,000 for homeowners — and rise in $1,000 increments to a maximum of $6,000 if residents use local installers, hire city-trained workers, and live in city-designated environmental justice districts. For private businesses, the rebate cap is set at $10,000. But that amount can rise if combined with the state and federal incentives that expire at the end of the year.

"I’m one of three tenants. Each of us has an electrical meter, each of us is eligible for a $5,000 rebate under the city’s program," said Price, who rents on Potrero Hill and hopes to pull off an almost no-cost conversion with his landlord.

Price estimates the solar conversation will cost about $15,000 per tenant. So, if two conversions are done (there’s only space for two conversions on most of the city’s Edwardian and Victorian homes), Price’s landlord can subtract two $5,000 cash rebates, plus the Pacific Gas and Electric Co.–administered California solar incentive, plus a $2,000 federal tax credit.

Price said landlords can also take advantage of a 30 percent investment tax credit on top of a 60 percent tax deduction that Dave Llorens of Next Energy found buried deep within the economic stimulus package signed by President George W. Bush earlier this year. Landlords can then arrange to sell cheap, renewable power to their tenants.

"What if I sign an agreement with my landlord to pay $50 per month for the right to have access to his solar system?" Price said. "So now the money that would have been going to PG&E goes to the landlord."

And it’s clean, free power, rather than PG&E’s expensive power generated largely from nuclear and fossil fuel sources.

"This makes San Francisco the first place a tenant and a landlord can really work together to make solar power affordable," Price said. "And that in turn will help drive adoption of renewable energy."

The threat of Proposition 98

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OPINION Just as the California Supreme Court finally recognizes queers as full and equal citizens by ruling in favor of gay marriage, a June 3 ballot measure threatens to kill anti-discrimination protections for queers. But that’s not the half of it: Proposition 98 is in fact a savage attack on protections of all kinds for all Californians.

A fraud wrapped within a fraud, Prop. 98 masquerades as eminent domain reform while only semi-covertly legisutf8g the death of rent control. But just as rent control is about far more than price alone, Prop. 98 is about far more than only ending rent control.

All Californians, not only the 14 million who rent, will be trampled under the iron hooves of this Trojan horse. In a detailed analysis, the Western Center on Law and Poverty concludes: "There is nothing in the text that prevents Prop. 98 from being used to prohibit or limit land use decisions, zoning, work place laws, or environmental protections."

Prop. 98 not only bans all state and local residential and mobile-home rent control laws, now and forever, it kills inclusionary housing requirements and ends tenant protections in the Ellis Act. But wait, there’s more! As assessed by the Western Center, other "likely" applications of Prop 98 include the end of just-cause protections for eviction, and the end of most regulation of residential rental property.

The center also rates it "possible" that Prop. 98 will invalidate all anti-discrimination protections below the federal level — including California’s LGBT fair-housing protections.

Given the potential outcome, the nearly $2 million that more than 100 apartment building and mobile home park owners spent to put Prop. 98 on the ballot, and the subsequent $291,000 that the Apartment Owners Association political action committee gave the Yes on 98 campaign represent a shrewd investment.

It would be a bargain for them at twice the price. Being able to charge unlimited amounts for renter screening and credit checks, for instance, and no longer having to provide deadbolt locks, a usable telephone jack, and working wiring means a nice chunk of change for landlords and speculators. But that’s nothing compared to the larger gains to be exploited: a landlord would be free to have you sign a lease without being obligated to disclose that he or she already applied for a demolition permit on the property. Serious defects in the unit? Too bad, the prohibition on landlords collecting rent while substandard conditions exist would fly out the (broken) window.

Unlike the tenant-backed Prop. 99, which truly prevents eminent domain abuse on behalf of renters and owners alike, Prop. 98 only guarantees the domain of the wealthiest over the rest of us. If we let this Trojan horse in, whether actively — by voting for it — or passively — by not voting — June 3 (and that’s a real danger since too many San Francisco voters assume the measure will fail anyway), all Californians will pay the price. *

Mara Math is a writer and tenant organizer.

Renters fight back

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› gwschulz@sfbg.com

A stream of perturbed tenants living in buildings owned by one of the city’s largest landlords, CitiApartments, Inc., converged on City Hall May 12 to testify that in recent years the company has engaged in an alleged campaign of intimidation and harassment against residents living in rent-controlled units.

Attendees, many wearing stickers that read "Tenants standing together for fair treatment," quickly filled to capacity a committee room used by the Board of Supervisors before the overflow was moved to two other large rooms where televisions airing the meeting were situated.

CitiApartments turned out its own army of supporters in an attempt to offset the impression that it’s unpopular among renters in the city. Dozens of people who claimed to back the company’s business practices attended the meeting wearing shirts that stated, "I support CitiApartments."

But a volunteer with the Queer Youth Organizing Project and organizer against CitiApartments complained to the supervisors that the crowd of supporters had either been paid to attend the meeting or were employees of the company. Few CitiApartments supporters filled out comment cards or spoke publicly in defense of the company.

Some CitiApartments tenants said they endured months of lingering construction work that filled their buildings with debris and garbage after CitiApartments bought its buildings, the upheaval intentionally designed to drive them out in frustration and thus give up their stabilized rent rates.

Others said vulnerable tenants like undocumented immigrants and seniors were specially targeted with intimidation tactics by a private security group working for CitiApartments that appeared at their doors asking for personal information. Utilities were frequently shut off, tenants said, or elevators relied upon by the physically disabled were left inoperable for long periods of time, all part of a campaign to scare them away from their apartments.

"This is not simply about a bad landlord," tenant Debbie Nuñez, who lives in a Lower Nob Hill building purchased by CitiApartments in 2000, told the supervisors. "This is about a well-oiled machine."

Sup. Chris Daly sponsored the hearing by the board’s Land Use and Economic Development Committee to receive an update on the city attorney’s lawsuit against CitiApartments, a.k.a. Skyline Realty. He also wanted to discuss the company’s swift rate of property acquisitions in San Francisco and to hear testimony about mounting alleged building code violations at some of its buildings.

City Attorney Dennis Herrera sued the company and several of its subsidiaries in August 2006 alleging an "egregious pattern of unlawful and unfair business practices," and a "shocking panoply of corporate lawlessness, intimidation tactics, and retaliation against residents."

Five months prior, the Guardian published a three-part series of stories documenting claims by current and former CitiApartments tenants that they had been the victims of persistent, aggressive attempts to oust them from rent-controlled housing units. If such tenants vacate the apartments for whatever reason, CitiApartments can raise the rent on those units dramatically.

A recent report by the Legislative Analyst’s Office shows CitiApartments today owns nearly 300 properties here, which combined hold from 6,300 to 7,500 units and about 12,000 tenants.

Sup. Aaron Peskin, who sits on the committee with Sups. Gerardo Sandoval and Sophie Maxwell, said at the meeting that his office receives a complaint once a week or at least every 10 days about CitiApartments, a figure that has increased over the last three years.

"I don’t recall ever hearing complaints about Trinity Properties in the city," Peskin said. "They own 6,000 units."

Daly pointed to a May 9 New York Times article that reported on the rising phenomenon of "predatory equity," in which private investment funds bankroll the acquisition of a large number of rent-controlled apartments in New York anticipating higher-than-usual vacancy rates. But tenant advocates say achieving such rates requires a concerted effort, either through offering one-time buyouts, finding nuances in the law that allow for an eviction, or harassing tenants until they grow exasperated and leave.

The significantly higher revenue generated from market-rate rental prices then enable building buyers there to repay the equity firms that gave them the huge loans to buy the properties in the first place. Daly wants to find out if CitiApartments is deploying a similar "business model" in San Francisco.

According to the Times piece, developers backed by private equity firms have purchased nearly 75,000 rent-controlled units over the last four years in New York. One company that bought a group of buildings in Queens subsequently filed around 1,000 cases against tenants in housing court during an 18-month period.

A lawyer for CitiApartments, Tara Condon, promised the committee members that the company would investigate the complaints made by tenants at the May 12 meeting. She added that the company increases tax revenue for the city when it improves the conditions and appearances of buildings it purchases. She also declared that the company makes local charitable contributions and has reached out to financially troubled tenants.

"We are a business, but we try to work with [the tenants,]" Condon said. "We want to make sure they can stay in their apartments."

One former tenant, Donna O’Brien, testified that CitiApartments helped her and her husband find a more affordable apartment after the company bought a previous building she lived in at 516 Ellis St. last year. She said CitiApartments also paid for her moving expenses. "Quite honestly, CitiApartments has been very good to us."

Summer 2008 fairs and festivals

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Grab your calendars, then get outside and celebrate summer in the Bay.

>Click here for a full-text version of this article.

ONGOING

United States of Asian America Arts Festival Various locations, SF; (415) 864-4120, www.apiculturalcenter.org. Through May 25. This festival, presented by the Asian Pacific Islander Cultural Center, showcases Asian Pacific Islander dance, music, visual art, theater, and multidisciplinary performance ensembles at many San Francisco venues.

Yerba Buena Gardens Festival Yerba Buena Gardens, Third St at Mission, SF; (415) 543-1718, www.ybgf.org. Through Oct, free. Nearly 100 artistic and cultural events for all ages take place at the Gardens, including the Latin Jazz series and a performance by Rupa & the April Fishes.

MAY 10–31

Asian Pacific Heritage Festival Oakland Asian Cultural Center, 388 Ninth St, Oakl; (510) 637-0462, www.oacc.cc. Times vary, free. The OACC presents hands-on activities for families, film screenings, cooking classes, and performances throughout the month of May.

MAY 15–18

Carmel Art Festival Devendorf Park, Carmel; (831) 642-2503, www.carmelartfestival.org. Call for times, free. Enjoy viewing works by more than 60 visual artists at this four-day festival. In addition to the Plein Air and Sculpture-in-the-Park events, the CAF is host to the Carmel Youth Art Show, Quick Draw, and Kids Art Day.

MAY 16–18

Oakland Greek Festival 4700 Lincoln, Oakl; (510) 531-3400, www.oaklandgreekfestival.com. Fri-Sat, 10am-11pm; Sun, 11am-9pm, $6. Let’s hear an "opa!" for Greek music, dance, food, and a stunning view at the Greek Orthodox Cathedral of the Ascension’s three-day festival.

MAY 17

Asian Heritage Street Celebration Japantown; www.asianfairsf.com. 11am-6pm, free. The largest gathering of Asian Pacific Americans in the nation features artists, DJs, martial arts, Asian pop culture, karaoke, and much more.

Saints Kiril and Methody Bulgarian Festival Croatian American Cultural Center, 60 Onondaga; (510) 649-0941, www.slavonicweb.org. 4pm, $15. Enjoy live music, dance, and traditional food and wine in celebration of Bulgarian culture. A concert features special guests Radostina Koneva and Orchestra Ludi Maldi.

Taiwanese American Cultural Festival Union Square, SF; (408) 268-5637, www.tafnc.org. 11am-5pm, free. Explore Taiwan by tasting delicious Taiwanese delicacies, viewing a puppet show and other performances, and browsing arts and crafts exhibits.

Uncorked! Ghirardelli Square; 775-5500, www.ghirardellisq.com. 1-6pm, $40-45. Ghirardelli Square and nonprofit COPIA present their third annual wine festival, showcasing more than 40 local wineries and an array of gourmet food offerings.

BAY AREA

Cupertino Special Festival in the Park Cupertino Civic Center, 10300 Torre, Cupertino; (408) 996-0850, www.osfamilies.org. 10am-6pm, free. The Organization of Special Needs Families hosts its fourth annual festival for people of all walks or wheels of life. Featuring live music, food and beer, a petting zoo, arts and crafts, and other activities.

Enchanted Village Fair 1870 Salvador, Napa; (707) 252-5522. 11am-4pm, $1. Stone Bridge School creates a magical land of wonder and imagination, featuring games, crafts, a crystal room, and food.

Immigrants Day Festival Courthouse Square, 2200 Broadway, Redwood City; (650) 299-0104, www.historysmc.org. 12-4pm, free. Sample traditional Mexican food, make papel picado decorations, and watch Aztec dancing group Casa de la Cultura Quetzalcoatl at the San Mateo County History Museum.

MAY 17–18

A La Carte and Art Castro St, Mountain View; (650) 964-3395, www.miramarevents.com. 10am-6pm, free. The official kick-off to festival season, A La Carte is a moveable feast of people and colorful tents offering two days of attractions, music, art, a farmers’ market, and street performers.

Bay Area Storytelling Festival Kennedy Grove Regional Recreation Area, El Sobrante; (510) 869-4946, www.bayareastorytelling.org. Gather around and listen to stories told by storytellers from around the world at this outdoor festival. Carol Birch, Derek Burrows, Baba Jamal Koram, and Olga Loya are featured.

Castroville Artichoke Festival 10100 Merritt, Castroville; (831) 633-2465, www.artichoke-festival.org. Sat, 10am-6pm; Sun, 10am-5pm, $3-6. "Going Green and Global" is the theme of this year’s festival, which cooks up the vegetable in every way imaginable and features activities for kids, music, a parade, a farmers’ market, and much more.

French Flea Market Chateau Sonoma, 153 West Napa, Sonoma; (707) 935-8553, www.chateausonoma.com. Call for times and cost. Attention, Francophiles: this flea market is for you! Shop for antiques, garden furniture, and accessories from French importers.

Hats Off America Car Show Bollinger Canyon Rd and Camino Ramon, San Ramon; (925) 855-1950, www.hatsoffamerica.us. 10am-5pm, free. Hats Off America presents its fifth annual family event featuring muscle cars, classics and hot rods, art exhibits, children’s activities, live entertainment, a 10K run, and beer and wine.

Himalayan Fair Live Oak Park, 1300 Shattuck, Berk; (510) 869-3995, www.himalayanfair.net. Sat, 10am-7pm; Sun, 10am-5:30pm, $8.This benefit for humanitarian grassroots projects in the Himalayas features award-winning dancers and musicians representing Nepal, Tibet, Bhutan, India, Afghanistan, Pakistan, and Mongolia. Check out the art and taste the delicious food.

Pixie Park Spring Fair Marin Art and Garden Center, Ross; www.pixiepark.org. 9am-4pm, free. The kids will love the bouncy houses, giant slide, petting zoo, pony rides, puppet shows, and more at this cooperative park designed for children under 6. Bring a book to donate to Homeward Bound of Marin.

Supercon San Jose Convention Center, San Jose; www.super-con.com. Sat., 10am-6pm; Sun., 10am-5pm, $20-30. The biggest stars of comics, sci-fi, and pop culture — including Lost’s Jorge Garcia and Groo writer Sergio Aragonés — descend on downtown San Jose for panels, discussions, displays, and presentations.

MAY 18

Bay to Breakers Begins at Howard and Spear, ends at the Great Highway along Ocean Beach, SF; www.baytobreakers.com. 8am, $39-59. See a gang of Elvis impersonators in running shorts and a gigantic balloon shaped like a tube of Crest floating above a crowd of scantily clad, and unclad, joggers at this annual "race" from the Embarcadero to the Pacific Ocean.

Carnival in the Xcelsior 125 Excelsior; 469-4739, my-sfcs.org/8.html. 11am-4pm, free. This benefit for the SF Community School features game booths, international food selections, prizes, music, and entertainment for all ages.

BAY AREA

Russian-American Fair Terman Middle School, 655 Arastradero, Palo Alto; (650) 852-3509, paloaltojcc.org. 10am-5pm, $3-5. The Palo Alto Jewish Community Center puts on this huge, colorful cultural extravaganza featuring ethnic food, entertainment, crafts and gift items, art exhibits, carnival games, and vodka tasting for adults.

MAY 21–JUNE 8

San Francisco International Arts Festival Various venues, SF; (415) 399-9554, www.sfiaf.org. The theme for the fifth year of this multidisciplinary festival is "The Truth in Knowing/Threads in Time, Place, Culture."

MAY 22–25

Sonoma Jazz Plus Festival Field of Dreams, 179 First St W, Sonoma; (866) 527-8499, www.sonomajazz.org. Thurs-Sat, 6:30 and 9pm; Sun, 8:30pm, $40+. Head on up to California’s wine country to soak in the sounds of Al Green, Herbie Hancock, Diana Krall, and Bonnie Raitt.

MAY 24–25

Carnaval Mission District, SF; (415) 920-0125, www.carnavalsf.com. 9:30am-6pm, free. California’s largest annual multicultural parade and festival celebrates its 30th anniversary with food, crafts, activities, performances by artists like deSoL, and "Zona Verde," an outdoor eco-green village at 17th and Harrison.

MAY 25–26

San Ramon Art and Wind Festival Central Park, San Ramon; (925) 973-3200, www.artandwind.com. 10am-5pm, free. For its 18th year, the City of San Ramon Parks and Community Services Department presents over 200 arts and crafts booths, entertainment on three stages, kite-flying demos, and activities for kids.

MAY 30–JUNE 8

Healdsburg Jazz Festival Check Web site for ticket prices and venues in and around Healdsburg; (707) 433-4644, www.healdsburgjazzfestival.com. This 10th annual, week-and-a-half-long jazz festival will feature a range of artists from Fred Hersch and Bobby Hutcherson to the Cedar Walton Trio.

MAY 31

Chocolate and Chalk Art Festival North Shattuck, Berk; (510) 548-5335, www.northshattuck.org. 10am-6pm, free. Create chalk drawings and sample chocolate delights while vendors, musicians, and clowns entertain the family.

Napa Valley Art Festival 500 Main, Napa; www.napavalleyartfestival.com. 10am-4pm, free. Napa Valley celebrates representational art on Copia’s beautiful garden promenade with art sales, ice cream, and live music. Net proceeds benefit The Land Trust of Napa County’s Connolly Ranch Education Center.

MAY 31–JUNE 1

Union Street Festival Union, between Gough and Steiner, SF; 1-800-310-6563, www.unionstreetfestival.com. 10am-6pm, free. For its 32nd anniversary, one of SF’s largest free art festivals is going green, featuring an organic farmer’s market, arts and crafts made with sustainable materials, eco-friendly exhibits, food, live entertainment, and bistro-style cafés.

JUNE 4–8

01SJ: Global Festival of Art on the Edge Various venues, San Jose; (408) 277-3111, ww.01sj.org. Various times. The nonprofit ZERO1 plans to host 20,000 visitors at this festival featuring 100 exhibiting artists exploring the digital age and novel creative expression.

JUNE 5–8

Harmony Festival Sonoma County Fairgrounds, Santa Rosa; www.harmonyfestival.com. $30-99. One of the largest progressive-lifestyle festivals of its kind, Harmony brings art, education, and cultural awareness together with world-class performers like George Clinton and Parliament Funkadelic, Jefferson Starship, Damian Marley, Cheb I Sabbah, and Vau de Vire Society.

JUNE 7–8

Crystal Fair Fort Mason Center; 383-7837, www.crystalfair.com. Sat, 10am-6pm; Sun, 10am-5pm, $6. The Pacific Crystal Guild presents two days in celebration of crystals, minerals, jewelry, and metaphysical healing tools from an international selection of vendors.

BAY AREA

Sunset Celebration Weekend Sunset headquarters, 80 Willow Road, Menlo Park; 1-800-786-7375, www.sunset.com. 10am-5pm, $12, kids free. Sunset magazine presents a two-day outdoor festival featuring beer, wine, and food tasting; test-kitchen tours, celebrity chef demonstrations, live music, seminars, and more.

JUNE 8

Haight Ashbury Street Fair Haight and Ashbury; www.haightashburystreetfair.org. 11am-5:30pm, free. Celebrate the cultural contributions this historical district has made to SF with a one-day street fair featuring artisans, musicians, artists, and performers.

JUNE 14

Rock Art by the Bay Fort Mason, SF; www.trps.org. 10am-5pm, free. The Rock Poster Society hosts this event celebrating poster art from its origins to its most recent incarnations.

BAY AREA

City of Oakland Housing Fair Frank Ogawa Plaza; Oakl; (510) 238-3909, www.oaklandnet.com/housingfair. 10am-2pm, free. The City of Oakland presents this seventh annual event featuring workshops and resources for first-time homebuyers, renters, landlords, and homeowners.

JUNE 14–15

North Beach Festival Washington Square Park, 1200-1500 blocks of Grant and adjacent streets; 989-2220, www.sfnorthbeach.org. 10am-6pm, free. Touted as the country’s original outdoor arts and crafts festival, the North Beach Festival celebrates its 54th anniversary with juried arts and crafts exhibitions and sales, a celebrity pizza toss, live entertainment stages, a cooking stage with celebrity chefs, Assisi animal blessings, Arte di Gesso (Italian street chalk art competition, 1500 block Stockton), indoor Classical Concerts (4 pm, National Shrine of St. Francis), a poetry stage, and more.

BAY AREA

Sonoma Lavender Festival 8537 Sonoma Hwy, Kenwood; (707) 523-4411, www.sonomalavender.com. 10am-4pm, free. Sonoma Lavender opens its private farm to the public for craftmaking, lavender-infused culinary delights by Chef Richard Harper, tea time, and a chance to shop for one of Sonoma’s 300 fragrant products.

JUNE 7–AUG 17

Stern Grove Music Festival Stern Grove, 19th Ave and Sloat, SF; www.sterngrove.org. Sundays 2pm, free. This beloved San Francisco festival celebrates community, nature, and the arts is in its with its 71st year of admission-free concerts.

JUNE 17–20

Mission Creek Music Festival Venues and times vary; www.mcmf.org.The Mission Creek Music Festival celebrates twelve years of featuring the best and brightest local independent musicians and artists with this year’s events in venues big and small.

JUNE 20–22

Jewish Vintners Celebration Various locations, Napa Valley; (707) 968-9944, www.jewishvintners.org. Various times, $650. The third annual L’Chaim Napa Valley Jewish Vintners Celebration celebrates the theme "Connecting with Our Roots" with a weekend of wine, cuisine, camaraderie, and history featuring Jewish winemakers from Napa, Sonoma, and Israel.

Sierra Nevada World Music Festival Mendocino County Fairgrounds, 14480 Hwy 128, Boonville; (917) 777-5550, www.snwmf.com.Three-day pass, $135; camping, $50-100. Camp for three days and listen to the international sounds of Michael Franti & Spearhead, the English Beat, Yami Bolo, and many more.

JUNE 28–29

San Francisco Pride 2008 Civic Center, Larkin between Grove and McAllister; 864-FREE, www.sfpride.org. Celebration Sat-Sun, noon-6pm; parade Sun, 10:30am, free. A month of queer-empowering events culminates in this weekend celebration: a massive party with two days of music, food, and dancing that continues to boost San Francisco’s rep as a gay mecca. This year’s theme is "Bound for Equality."

JULY 3–6

High Sierra Music Festival Plumas-Sierra Fairgrounds, Quincy; (510) 547-1992, www.highsierramusic.com. Ticket prices vary. Enjoy four days of camping, stellar live music, yoga, shopping, and more at the 18th iteration of this beloved festival. This year’s highlights include ALO, Michael Franti and Spearhead, Built to Spill, Bob Weir & RatDog, Gov’t Mule, and Railroad Earth.

JULY 4

City of San Francisco Fourth of July Waterfront Celebration Pier 39, Embarcadero at Beach; 705-5500, www.pier39.com. 1-9:30pm, free. SF’s waterfront Independence Day celebration features live music by Big Bang Beat and Tainted Love, kids’ activities, and an exciting fireworks show.

JULY 5–6

Fillmore Jazz Festival Fillmore between Jackson and Eddy; www.fillmorejazzfestival.com.10am-6pm, free. More than 90,000 people will gather to celebrate Fillmore Street’s prosperous tradition of jazz, culture, and cuisine.

JULY 17–AUG 3

Midsummer Mozart Festival Various Bay Area venues; (415) 392-4400, www.midsummermozart.org. $20-60. This Mozart-only music concert series in its 34th season features talented musicians from SF and beyond.

JULY 18–AUG 8

Music@Menlo Chamber Music Festival Menlo School, 50 Valparaiso, Atherton; www.musicatmenlo.org. In its sixth season, this festival explores a musical journey through time, from Bach to Jennifer Higdon.

JULY 21–27

North Beach Jazz Fest Various locations; www.nbjazzfest.com. Various times and ticket prices. Sunset Productions presents the 15th annual gathering celebrating indoor and outdoor jazz by over 100 local and international artists. Special programs include free jazz in Washington Square Park.

JULY 26, AUG 16

FLAX Creative Arts Festival 1699 Market; 552-2355, www.flaxart.com. 11am-2pm, free. Flax Art and Design hosts an afternoon of hands-on demonstrations, free samples, and prizes for kids.

JULY 27

Up Your Alley Dore Alley between Folsom and Howard, Folsom between Ninth and 10th Sts; www.folsomstreetfair.com. 11am-6pm, free. Hundreds of naughty and nice leather-lovers sport their stuff in SoMa at this precursor to the Folsom Street Fair.

AUG 2–3

Aloha Festival San Francisco Presidio Parade Grounds, near Lincoln at Graham; www.pica-org.org/AlohaFest/index.html. 10am-5pm, free. The Pacific Islanders’ Cultural Association presents its annual Polynesian cultural festival featuring music, dance, arts, crafts, island cuisine, exhibits, and more.

AUG 9–10

Nihonmachi Street Fair Japantown Center, Post and Webster; www.nihonmachistreetfair.org. 11am-6pm, free. Japantown’s 35th annual celebration of the Bay Area’s Asian and Pacific Islander communities continues this year with educational booths and programs, local musicians and entertainers, exhibits, and artisans.

AUG 22–24

Outside Lands Music & Arts Festival Golden Gate Park; www.outsidelands.com. View Web site for times and price. Don’t miss the inaugural multifaceted festival of top-notch music, including Tom Petty, Jack Johnson, Manu Chao, Widespread Panic, Wilco, and Primus.

AUG 25–SEPT 1

Burning Man Black Rock City, NV; www.burningman.com. $295. Celebrate the theme "American Dream" at this weeklong participatory campout that started in the Bay Area. No tickets will be sold at the gate this year.

AUG 29–SEPT 1

Sausalito Art Festival 2400 Bridgeway, Sausalito; (415) 331-3757, www.sausalitoartfestival.org. Various times, $10. Spend Labor Day weekend enjoying the best local, national, and international artists as they display paintings, sculpture, ceramics, and more in this seaside village.

AUG 30–31

Millbrae Art and Wine Festival Broadway between Victoria and Meadow Glen, Millbrae; (650) 697-7324, www.miramarevents.com. 10am-5pm, free. The "Big Easy" comes to Millbrae for this huge Mardi Gras–style celebration featuring R&B, rock ‘n’ roll, jazz, and soul music, as well as arts and crafts, food and beverages, live performance, and activities for kids.

AUG 30–SEPT 1

Art and Soul Festival Various venues, Oakl; (510) 444-CITY, www.artandsouloakland.com. 11am-6pm, $5-$10. Enjoy three days of culturally diverse music, food, and art at the eighth annual Comcast Art and Soul Festival, which features a Family Fun Zone and an expo highlighting local food and wine producers.

SEPT 1–5

San Francisco Shakespeare Festival Various Bay Area locations; www.sfshakes.org. This nonprofit organization presents free Shakespeare in the Park, brings performances to schools, hosts theater camps, and more.

SEPT 6–7

Mountain View Art and Wine Festival Castro between El Camino Real and Evelyn, Mountain View; (650) 968-8378, www.miramarevents.com. 10am-6pm, free. Known as one of America’s finest art festivals, more than 200,000 arts lovers gather in Silicon Valley’s epicenter for this vibrant celebration featuring art, music, and a Kids’ Park.

SEPT 20–21

Treasure Island Music Festival Treasure Island; treasureislandfestival.com. The second year of this two-day celebration, organized by the creators of Noise Pop, promises an impressive selection of indie, rock, and hip-hop artists.

SEPT 28

Folsom Street Fair Folsom Street; www.folsomstreetfair.com. Eight days of Leather Pride Week finishes up with the 25th anniversary of this famous and fun fair.

Listings compiled by Molly Freedenberg.

Endorsements

0

>>Click here for the full-text version of this story

Wait, wasn’t the primary election back in February? Yes, it was — in a way. The California Legislature, in an effort to make the state more relevant (that turned out well, didn’t it?) moved the presidential primary several months earlier this year but left the rest of the primary races, and some key initiatives, for the June 3 ballot. There’s a lot at stake here: three contested Legislative races, two judicial races, a measure that could end rent control in California … vote early and often. Our endorsements follow.

National races

Congress, District 6

LYNN WOOLSEY


It’s an irony that the congressional representative from Marin and Sonoma counties is far to the left of the representative from San Francisco, but Lynn Woolsey’s politics put Nancy Pelosi to shame. Woolsey was against the Iraq war from the start and the first member of Congress to demand that the troops come home, and she continues to speak out on the issue. At the same time, she’s also a strong advocate for injured veterans.

Woolsey, who once upon a time (many years ago) was on welfare herself, hasn’t forgotten what it’s like to have trouble making ends meet. She’s a leading voice against cuts in social service spending and is now pushing a bill to increase food stamp benefits. She richly deserves reelection.

Congress, District 7

GEORGE MILLER


George Miller, who has represented this East Bay district since 1974, is an effective legislator and strong environmentalist. Sometimes he’s too willing to compromise — he worked with the George W. Bush administration on No Child Left Behind, a disaster of an education bill — but he’s a solid opponent of the war and we’ll endorse him for another term.

Congress, District 8

NO ENDORSEMENT


Cindy Sheehan, the antiwar activist, is moving forward with her campaign to challenge Nancy Pelosi as an independent candidate in November, and we wish her luck. For now, Pelosi, the Speaker of the House and one of the most powerful people in Washington, will easily win the Democratic primary.

But Pelosi long ago stopped representing her San Francisco district. She continues to support full funding for Bush’s war, refused to even consider impeachment (back when it might have made sense), refused to interact with war critics who camped out in front of her house … and still won’t acknowledge it was a mistake to privatize the Presidio. We can’t endorse her.

Congress, District 13

PETE STARK


You have to love Pete Stark. The older he gets, the more radical he sounds — and after 32 years representing this East Bay district, he shows no signs of slowing down. Stark is unwilling to be polite or accommodating about the Iraq war. In 2007 he announced on the floor of the House that the Republicans "don’t have money to fund the war or children. But you’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president’s amusement." He happily signed on to a measure to impeach Vice President Dick Cheney. He is the only member of Congress who proudly admits being an atheist. It’s hard to imagine how someone like Stark could get elected today. But we’re glad he’s around.

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


There aren’t many former public defenders on the bench in California. For years, governors — both Democratic and Republican — have leaned toward prosecutors and civil lawyers from big downtown firms when they’ve made judicial appointments. So the San Francisco judiciary isn’t, generally speaking, as progressive or diverse as the city.

Sup. Gerardo Sandoval, who will be termed out this year, is looking to become a judge — and there’s no way this governor would ever appoint him. So he’s doing something that’s fairly rare, even in this town: he’s running for election against an incumbent.

We’re happy to see that. It’s heartening to see an actual judicial election. Judges are technically elected officials, but most incumbents retire in the middle of their terms, allowing the governor to appoint their replacements, and unless someone files to run against a sitting judge, his or her name doesn’t even appear on the ballot.

Sandoval is challenging Judge Thomas Mellon, a Republican who was appointed by Gov. Pete Wilson in 1994. He’s not known as a star on the bench: according to California Courts and Judges, a legal journal that profiles judges and includes interviews with lawyers who have appeared before them, Mellon has a reputation for being unreasonable and cantankerous. In 2000, the San Francisco Public Defenders Office sought to have him removed from all criminal cases because of what the defense lawyers saw as a bias against them and their clients.

Sandoval hasn’t been a perfect supervisor, and we’ve disagreed with him on a number of key issues. But he’s promised us to work for more openness in the courts (including open meetings on court administration), and we’ll give him our endorsement.

State races and propositions

State Senate, District 3

MARK LENO


It doesn’t get any tougher than this — two strong candidates, each with tremendous appeal and a few serious weaknesses. Two San Francisco progressives with distinguished records fighting for a powerful seat that could possibly be lost to a third candidate, a moderate from Marin County who would be terrible in the job. Two people we genuinely like, for very different reasons. It’s fair to say that this is one of the hardest decisions we’ve had to make in the 42-year history of the Guardian.

In the end, we’ve decided — with much enthusiasm and some reservations — to endorse Assemblymember Mark Leno.

We will start with the obvious: this race is the result of term limits. Leno, who has served in the state Assembly for six years, argues, convincingly, that he is challenging incumbent state Sen. Carole Migden because he feels she hasn’t been doing the job. But Leno also loves politics, has no desire to return to life outside the spotlight, and if he could have stayed in the Assembly, the odds that he would have taken on this ugly and difficult race are slim. And if Leno hadn’t opened the door and exposed Migden’s vulnerability, there’s no way former Assemblymember Joe Nation of Marin would have thrown his hat into the ring. We’ve always opposed term limits; we still do.

That said, we’ll hold a few truths to be self-evident: In a one-party town, the only way any incumbent is ever held accountable is through a primary challenge. Those challenges can be unpleasant, and some — including Migden and many of her allies — argue that they’re a waste of precious resources. If Migden wasn’t scrambling to hold onto her seat, she’d be spending her money and political capital trying to elect more Democrats to the state Legislature. But Leno had every right to take on Migden. And win or lose, he has done a laudable public service: it’s been years since we’ve seen Migden around town, talking to constituents, returning phone calls and pushing local issues the way she has in the past few months. And while there will be some anger and bitterness when this is over — and some friends and political allies have been at each other’s throats and will have to figure out how to put that behind them — on balance this has been good for San Francisco. Migden has done much good, much to be proud of, but she had also become somewhat imperious and arrogant, a politician who hadn’t faced a serious election in more than a decade. If this election serves as a reminder to every powerful Democratic legislator that no seat is truly safe (are you listening, Nancy Pelosi?), then the result of what now seems like a political bloodbath can be only positive.

The Third Senate District, a large geographic area that stretches from San Francisco north into Sonoma County, needs an effective, progressive legislator who can promote issues and programs in a body that is not known as a bastion of liberal thought.

Both Migden and Leno can make a strong case on that front. Leno, for example, managed to get passed and signed into law a bill that amends the notorious pro-landlord Ellis Act to protect seniors and disabled people from evictions. He got both houses of the Legislature to approve a marriage-equality bill — twice. During his tenure in the unpleasant job of chairing the Public Safety Committee, he managed to kill a long list of horrible right-wing bills and was one of the few legislators to take a stand against the foolish measure that barred registered sex offenders from living near a park or school. Migden helped pass the landmark community-aggregation bill that allows cities to take a big step toward public power. She’s also passed several key bills to regulate or ban toxic substances in consumer products.

Migden’s record isn’t all positive, though. For a time, she was the chair of the powerful Appropriations Committee — although she gave up that post in 2006, abandoning a job that was important to her district and constituents, to devote more time to campaigning for Steve Westly, a moderate candidate for governor. When we challenged her on that move, she showed her legendary temper, attacking at least one Guardian editor personally and refusing to address the issue at hand. Unfortunately, that isn’t unusual behavior.

Then there’s the matter of ethics and campaign finance laws. The Fair Political Practices Commission has fined Migden $350,000 — the largest penalty ever assessed against a state lawmaker — for 89 violations of campaign finance laws. We take that seriously; the Guardian has always strongly supported ethics and campaign-finance laws, and this level of disregard for the rules raises serious doubts for us about Migden’s credibility.

Sup. Chris Daly posted an open letter to us on his blog last week, and he made a strong pitch for Migden: "While there are only a few differences between Carole and Mark Leno on the issues," he wrote, "when it comes to San Francisco politics, the two are in warring political factions. Carole has used her position in Sacramento consistently to help progressive candidates and causes in San Francisco, while Leno is a kinder, gentler Gavin Newsom."

He’s absolutely right. On the local issues we care about, Migden has been with us far more than Leno. When the public power movement needed money and support in 2002, Migden was there for us. When the University of California and a private developer were trying to turn the old UC Extension campus into luxury housing, Migden was the one who helped Sup. Ross Mirkarimi demand more affordable units. Migden was the one who helped prevent a bad development plan on the Port. Migden stood with the progressives in denouncing Newsom’s budget — and Leno stood with the mayor.

The district supervisorial battles this fall will be crucial to the city’s future, and Migden has already endorsed Eric Mar, the best progressive candidate for District 1, and will almost certainly be with John Avalos, the leading progressive in District 11. Leno may well back a Newsom moderate. In fact, he’s made himself a part of what labor activist Robert Haaland aptly calls the "squishy center" in San Francisco, the realm of the weak, the fearful, and the downtown sycophants who refuse to promote progressive taxes, regulations, and budgets at City Hall. His allegiance to Newsom is truly disturbing.

There’s a war for the soul of San Francisco today, as there has been for many years, and Leno has often tried to straddle the battle lines, sometimes leaning a bit to the wrong camp — and never showing the courage to fight at home for the issues he talks about in Sacramento. We’ll stipulate to that — and the only reason we can put it aside for the purposes of this endorsement is that Leno has never really had much in the way of coattails. He supports the wrong candidates, but he doesn’t do much for them — and we sincerely hope it stays that way.

While Leno is too close to Newsom, we will note that Migden is far too close to Gap founder and Republican leader Don Fisher, one of the most evil players in local politics. She proudly pushed to put Fisher — who supports privatizing public schools — on the state Board of Education.

A prominent local progressive, who we won’t identify by name, called us several months ago to ask how were going to come down in this race, and when we confessed indecision, he said: "You know, I really want to support Carole. But she makes it so hard."

We find ourselves in a similar position. We really wanted to support Migden in this race. We’d prefer to see the state senator from San Francisco using her fundraising ability and influence to promote the candidates and causes we care about.

But Migden has serious political problems right now, baggage we can’t ignore — and it’s all of her own making. Migden says her problems with the Fair Political Practices Commission are little more than technical mistakes — but that’s nonsense. She’s played fast and loose with campaign money for years. When it comes to campaign finance laws, Migden has always acted as if she rules don’t apply to her. She’s treated FPPC fines as little more than a cost of doing business. This latest scandal isn’t an exception; it’s the rule.

Unfortunately, it’s left her in a position where she’s going to have a hard time winning. Today, the election looks like a two-person race between Leno and Nation. And the threat of Joe Nation winning this primary is too great for us to mess around.

Despite our criticism of both candidates, we would be happy with either in the state Senate. We’re taking a chance with Leno; he’s shown some movement toward the progressive camp, and he needs to continue that. If he wins, he will have a huge job to do bringing a fractured queer and progressive community back together — and the way to do that is not by simply going along with everything Newsom wants. Leno has to show some of the same courage at home he’s shown in Sacramento.

But right now, today, we’ve endorsing Mark Leno for state Senate.

State Senate, District 9

LONI HANCOCK


This is another of several tough calls, another creature of term limits that pit two accomplished and experienced termed-out progressive assembly members against each other for the senate seat of termed-out Don Perata. We’ve supported both Loni Hancock and Wilma Chan in the past, and we like both of them. In this one, on balance, we’re going with Hancock.

Hancock has a lifetime of experience in progressive politics. She was elected to the Berkeley City Council in 1971, served two terms as Berkeley mayor, worked as the US Department of Education’s western regional director under Bill Clinton, and has been in the State Assembly the past six years. On just about every progressive issue in the state, she’s been an activist and a leader. And at a time when the state is facing a devastating, crippling budget crisis that makes every other issue seem unimportant, Hancock seems to have a clear grasp of the problem and how to address it. She’s thought through the budget calculus and offers a range of new revenue measures and a program to change the rules for budget passage (two-thirds vote in the legislature is needed to pass any budget bill, which gives Republicans, all but one who has taken a Grover Norquist–inspired pledge never to raise taxes, an effective veto).

Chan, who represented Oakland in the assembly for six years, is a fighter: she’s taken on the insurance industry (by cosponsoring a major single-payer health insurance bill), the chemical industry (by pushing to ban toxic materials in furniture, toys, and plumbing fixtures), and the alcoholic-beverages lobby (by seeking taxes to pay for treatment for young alcoholics). She’s an advocate of sunshine, not just in government, where she’s calling for an earlier and more open budget process, but also in the private sector: a Chan bill sought to force health insurance companies to make public the figures on how often they decline claims.

But she seems to us to have less of a grasp of the budget crisis and the level of political organizing it will take to solve it. Right now, at a time of financial crisis, we’re going with Hancock’s experience and broader vision.

State Assembly, District 12

FIONA MA


We were dubious about Ma. She was a pretty bad supervisor, and when she first ran for Assembly two years ago, we endorsed her opponent. But Ma’s done some good things in Sacramento — she’s become one of the leading supporters of high-speed rail, and she’s working against state Sen. Leland Yee’s attempt to give away 60 acres of public land around the Cow Palace to a private developer. She has no primary opponent, and we’ll endorse her for another term.

State Assembly, District 13

TOM AMMIANO


This one’s easy. Ammiano, who has been a progressive stalwart on the Board of Supervisors for more than 15 years, is running with no opposition in the Democratic primary for state Assembly, and we’re proud to endorse his bid.

Although he’s certain to win, it’s worth taking a moment to recall the extent of Ammiano’s service to San Francisco and the progressive movement. He authored the city’s domestic partners law. He authored the living wage law. He created the universal health care program that Mayor Newsom is trying to take credit for. He sponsored the 2002 public-power measure that would have won if the election hadn’t been stolen. He created the Children’s Fund. He authored the Rainy Day Fund law that is now saving the public schools in San Francisco. And the list goes on and on.

Beyond his legislative accomplishments, Ammiano has been a leader — at times, the leader — of the city’s progressive movement and is at least in part responsible for the progressive majority now on the Board of Supervisors. In the bleak days before district elections, he was often the only supervisor who would carry progressive bills. His 1999 mayoral challenge to incumbent Willie Brown marked a tectonic shift in local politics, galvanizing the left and leading the way to the district-election victories that brought Aaron Peskin, Matt Gonzalez, Jake McGoldrick, Chris Daly, and Gerardo Sandoval to office in 2000.

It’s hard to imagine the San Francisco left without him.

Ammiano will do a fine job in Sacramento, and will continue to use his influence to push the progressive agenda back home.

State Assembly, District 14

KRISS WORTHINGTON


This is another tough one. The race to replace Loni Hancock, one of the most progressive and effective legislators in the state, has drawn two solid, experienced, and well-qualified candidates: Berkeley City Council member Kriss Worthington and former council member Nancy Skinner. We like Skinner, and she would make an excellent assemblymember. But all things considered, we’re going with Worthington.

Skinner was on the Berkeley council from 1984 to 1992 and was part of a progressive majority in the 1980s that redefined how the left could run a city. That council promoted some of the best tenant protection and rent control laws in history, created some of the best local environmental initiatives, and fought to build affordable housing and fund human services. Skinner was responsible for the first local law in the United States to ban Styrofoam containers — a measure that caused McDonald’s to change its food-packaging policies nationwide. She went on to found a nonprofit that helps cities establish sustainable environmental policies.

Skinner told us that California has "gutted our commitment to education," and she vowed to look for creative new ways to raise revenue to pay for better schools. She’s in touch with the best economic thinkers in Sacramento, has the endorsement of Hancock (and much of the rest of the East Bay Democratic Party establishment), and would hit the ground running in the legislature.

Worthington, Berkeley’s only openly gay council member, has been the voice and conscience of the city’s progressive community for the past decade. He’s also been one of the hardest-working politicians in the city — a recent study by a group of UC Berkeley students found that he had written more city council measures than anyone else currently on the council and had won approval for 98 percent of them.

Worthington has been the driving force for a more effective sunshine law in Berkeley, and has been unafraid to challenge the liberal mayor, Tom Bates, and other leading Democrats. His campaign slogan — "a Democrat with a backbone" — has infuriated some of the party hierarchy with its clear (and intended) implication that a lot of other Democrats lack a spine.

"All of the Democrats in the assembly voted for 50,000 more prison beds," he told us. "We needed a Barbara Lee [who cast Congress’ lone vote against George W. Bush’s first war resolution] to stand up and say, ‘this is wrong and I won’t go along.’"

That’s one of the things we like best about Worthington: on just about every issue and front, he’s willing to push the envelope and demand that other Democrats, even other progressive Democrats, stand up and be counted. Which is exactly what we expect from someone who represents one of the most progressive districts in the state.

It’s a close call, but on this one, we’re supporting Kriss Worthington.

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


There’s a little rhyme to help you remember which way to vote on this critical pair of ballot measures:

"We hate 98, but 99 is fine."

The issue here is eminent domain, which is making its perennial ballot appearance. Californians don’t like the idea of the government seizing their property and handing it over to private developers, and the most conservative right-wing forces in the state are trying to take advantage of that.

Think about this: if Prop. 98 passes, there will be no more rent control in California. That means thousands of San Francisco tenants will lose their homes. Many could become homeless. Others will have to leave town. All the unlawful-evictions laws will be tossed out. So will virtually any land-use regulations, which is why all the environmental groups also oppose Prop. 98.

In fact, everyone except the Howard Jarvis anti-tax group hates this measure, including seniors, farmers, water districts, unions, and — believe it or not — the California Chamber of Commerce.

Prop. 99, on the other hand, is an unapologetic poison-pill measure that’s been put on the ballot for two reasons: to fix the eminent domain law once and for all, and kill Prop. 98 if it passes. It’s simply worded and goes to the heart of the problem by preventing government agencies from seizing residential property to turn over to private developers. If it passes, the state will finally get beyond the bad guys using the cloak of eminent domain to destroy all the provisions protecting people and the environment.

If anyone has any doubts about the motivation here, take a look at the money: the $3 million to support Prop. 98 came almost entirely from landlords.

This is the single most important issue on the ballot. Remember: no on 98, yes on 99.

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


Every year, hundreds of excellent teachers leave the San Francisco Unified School District. Some retire after a career in the classroom, but too many others — young teachers with three to five years of experience — bail because they decide they can’t make enough money. San Francisco pays less than public school districts in San Mateo and Marin counties and far less than private and charter schools. And given the high cost of living in the city, a lot of qualified people never even consider teaching as a profession. That harms the public school system and the 58,000 students who rely on it.

It’s a statewide problem, even a national one — but San Francisco, with a remarkable civic unity, is moving to do something about it. Proposition A would place an annual tax on every parcel of land in the city; the typical homeowner would pay less than $200 a year. The money would go directly to increasing pay — mostly starting pay — for teachers. The proposition, which has the support of almost everyone in town except the Republican Party, is properly targeted toward the newer teachers, with the goal of keeping the best teachers on the job past that critical three to five years.

Parcel taxes aren’t perfect; they force homeowners and small businesses to pay the same rate as huge commercial property owners. The way land is divided in the city most big downtown properties sit on at least five, and sometimes as many as 10 or 20 parcels, so the bill will be larger for them. But it’s still nowhere near proportionate.

Still, Prop. 13 has made it almost impossible to raise ad valorum property taxes (based on a property’s assessed value) in the state, and communities all around the Bay are using parcel taxes as a reasonable if imperfect substitute.

There’s a strong campaign for Prop. A and not much in the way of organized opposition, but the measure still needs a two-thirds vote. So for the sake of public education in San Francisco, it’s critical to vote yes.

Proposition B

City retiree benefits change

YES


San Francisco has always offered generous health and retirement benefits to its employees. That’s a good thing. But in this unfortunate era, when federal money is getting sucked into Iraq, state money is going down the giant deficit rat hole, and nobody is willing to raise taxes, the bill for San Francisco’s expensive employee benefit programs is now looking to create a fiscal crisis at City Hall. Officials estimate the payout for current and past employees could total $4 billion over the next 30 years.

So Sup. Sean Elsbernd and his colleagues on the Board of Supervisors have engineered this smart compromise measure in a way that saves the city money over the long run and has the support of labor unions (largely because it includes an increase in the pensions for longtime employees, partially offset by a one-year wage freeze starting in 2009) while still offering reasonable retirements benefits for new employees.

Previously, city employees who worked just five years could get taxpayer-paid health benefits for life. Under this measure, it will take 20 years to get fully paid health benefits, with partially paid benefits after 10 years.

It’s rare to find an issue that has the support of virtually everyone, from the supervisors and the mayor to labor. Prop. B makes sense. Vote yes.

Proposition C

Benefit denials for convicts

NO


On the surface, it’s hard to argue against Prop. C, a measure promoted as a way to keep crooks from collecting city retirement benefits. Sup. Sean Elsbernd’s ballot measure would update an ordinance that’s been on the books in San Francisco for years, one that strips public employees found guilty of "crimes of moral turpitude" against the city of their pensions. A recent court case involving a worker who stole from the city raised doubt about whether that law also applied to disability pay, and Prop. C would clear up that possible loophole.

But there are drawbacks this measure.

For starters, the problem isn’t that big: cases of rejected retirement benefits for city workers are rare. And the law still uses that questionable phrase "moral turpitude" — poorly defined in state law, never clearly defined in this measure, and as any older gay person can tell you, in the past applied to conduct that has nothing to do with honesty. The US State Department considers "bastardy," "lewdness," "mailing an obscene letter" and "desertion from the armed forces," among other things, to be crimes of moral turpitude.

Besides, Prop. C would apply not only to felonies but to misdemeanors. Cutting off disability pay for life over a misdemeanor offense seems awfully harsh.

The law that Elsbernd wants to expand ought to be rethought and reconfigured for the modern era. So vote no on C.

Proposition D

Appointments to city commissions

YES


Prop. D is a policy statement urging the mayor and the supervisors to appoint more women, minorities, and people with disabilities to city boards and commissions. It follows a study by the Commission on the Status of Women that such individuals are underrepresented on the policy bodies that run many city operations.

Despite the overblown concerns raised by local Republicans in the ballot arguments, this advisory measure would do nothing to interfere with qualified white males — or anyone else — getting slots on commissions.

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


"The last thing we need is more politics at the San Francisco Public Utilities Commission," was the first line in Mayor Gavin Newsom’s ballot argument against Prop. E. That’s ironic: it was Newsom’s recent political power play — including the unexplained ousting of SFPUC General Manager Susan Leal and the partially successful effort to reappoint his political allies to this important body — that prompted this long overdue reform.

The SFPUC is arguably the most powerful and important of the city commissions, controlling all the vital resources city residents need: water, power, and waste disposal chief among them. Yet with the mayor controlling all appointments to the commission (it takes a two-thirds vote of the Board of Supervisors to challenge an appointment), that panel has long been stacked with worthless political hacks. As a result, the panel never pursued progressive approaches to conservation, environmental justice, public power, or aggressive development of renewable power sources.

Prop. E attempts to break that political stranglehold by requiring majority confirmation by the Board of Supervisors for all SFPUC appointments. It also mandates that appointees have some experience or expertise in matters important to the SFPUC.

If anything, this reform is too mild: we would have preferred that the board have the authority to name some of the commissioners. But that seemed unlikely to pass, so the board settled for a modest attempt to bring some oversight to the powerful panel.

Vote yes on Prop. E — because the last thing we need is more politics at the SFPUC.

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


On the face of it, Proposition G sounds like a great way to restart the long-idle economic engine of the Bayview and clean up the heavily polluted Hunters Point Shipyard.

Who could be against a plan that promises up to 10,000 new homes, 300 acres of new parks, 8,000 permanent jobs, a green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a rebuild of Alice Griffith housing project?

The problem with Prop. G is that its promises are, for the most part, just that: promises — which could well shift at any time, driven by the bottom line of Lennar Corp., a financially stressed, out-of-state developer that has already broken trust with the Bayview’s low-income and predominantly African American community.

Lennar has yet to settle with the Bay Area air quality district over failures to control asbestos dust at a 1,500-unit condo complex on the shipyard, where for months the developer kicked up clouds of unmonitored toxic asbestos dust next to a K-12 school.

So, the idea of giving this corporation more land — including control of the cleanup of a federal Superfund site — as part of a plan that also allows it to construct a bridge over a slough restoration project doesn’t sit well with community and environmental groups. And Prop. G’s promise to build "as many as 25 percent affordable" housing units doesn’t impress affordable housing activists.

What Prop. G really means is that Lennar, which has already reneged on promises to create much-needed rental units at the shipyard, now plans to build at least 75 percent of its housing on this 770-acre waterfront swathe as luxury condos.

And with the subprime mortgage crisis continuing to roil the nation, there is a real fear that Prop. G’s final "affordability" percentage will be set by Lennar’s profit margins and not the demographics of the Bayview, home to the city’s last major African American community and many low-income people of color.

There’s more: The nice green space that you see in the slick Lennar campaign fliers is toxic and may not be fully cleaned up. Under the plan, Lennar would put condo towers on what is now state parkland, and in exchange the city would get some open space with artificial turf on top that would be used for parking during football games. Assuming, that is, that a deal to build a new stadium for the 49ers — which is part of all of this — ever comes to pass.

In fact, the lion’s share of a recent $82 million federal funding allocation will be dedicated to cleaning up the 27-acre footprint proposed for a new stadium. In some places, the city is planning to cap contaminated areas, rather than excavate and remove toxins from the site.

If the environmental justice and gentrification questions swirling around Prop. G weren’t enough, there remains Prop. G’s claim that it will create 8,000 permanent jobs once the project is completed. There’s no doubt that the construction of 10,000 mostly luxury homes will create temporary construction jobs, but it’s not clear what kind of jobs the resulting gentrified neighborhood will provide and for whom.

But one thing is clear: the $1 million that Lennar has already plunked down to influence this election has overwhelmingly gone to line the pockets of the city’s already highly paid political elite, and not the people who grew up and still live in the Bayview.

But there’s an alternative.

Launched as a last-ditch effort to prevent wholesale gentrification of the Bayview, Proposition F requires that 50 percent of the housing in the BVHP/Candlestick Point project be affordable to those making less than the median area income ($68,000 for a family of four).

That’s a reasonable mandate, considering that the city’s own general plan calls for two-thirds of all new housing to be sold or rented at below-market rates.

And if the new housing is built along Lennar’s plans, it will be impossible to avoid large-scale gentrification and displacement in a neighborhood that has the highest percentage of African Americans in the city, the third highest population of children, and burgeoning Latino and Asian immigrant populations.

Lennar is balking at that level, saying a 50-percent affordability mandate would make the project financially unfeasible. But if Lennar can’t afford to develop this area at levels affordable to the community that lives in and around the area, the city should scrap this redevelopment plan, send this developer packing, and start over again.

San Francisco has an affordable housing crisis, and we continue to doubt whether the city needs any more million-dollar condos — and we certainly don’t need them in a redevelopment area in the southeast. Remember: this is 700 acres of prime waterfront property that Lennar will be getting for free. The deal on the table just isn’t good enough.

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


This one sounds just fine. Promoted by Mayor Gavin Newsom, Proposition H is supposedly aimed at ensuring that elected officials don’t solicit money from city contractors for campaigns they are sponsoring. But it lacks a crucial legal definition — and that turns what ought to be a worthy measure into little more than an attack on Newsom’s foes on the Board of Supervisors.

The key element is something called a "controlled committee." It’s already illegal for city contractors to give directly to candidates who might later vote on their contracts. Prop. H would extend that ban to committees, typically run for or against ballot measures, that are under the control of an individual politician.

Take this one, for example. Since Newsom put this on the ballot, and will be campaigning for it, the Yes on H campaign is under his control — he would be barred from collecting cash from city contractors, right? Well, no.

See, the measure doesn’t define what "controlled committee" means. So a group of Newsom’s allies could set up a Yes on H fund, raise big money from city contractors, then simply say that Newsom wasn’t officially aware of it or involved in its operation.

When Newsom first ran for mayor, the committee supporting his signature initiative — Care Not Cash — raised a fortune, and the money directly helped his election. But that wasn’t legally a "controlled committee" — because Newsom never signed the documents saying he was in control.

Prop. H does nothing to change that rule, which means it would only affect campaign committees that a politician admits to controlling. And guess what? Newsom almost never admits that, while the supervisors, particularly board president Aaron Peskin, are a bit more honest.

When Newsom wants to clearly define "controlled committee" — in a way that would have brought the Care Not Cash effort under the law — we’ll go along with it. For now, though, vote no on H.

San Francisco Democratic County Central Committee

The DCCC is the policy-making and operating arm of the local Democratic Party, and it has a lot of influence: the party can endorse in nonpartisan elections — for San Francisco supervisor, for example — and its nod gives candidates credibility and money. There’s been a struggle between the progressives and the moderates for years — and this time around, there’s a serious, concerted effort for a progressive slate. The Hope Slate, which we endorse in its entirety, has the potential to turn the San Francisco Democratic Party into a leading voice for progressive values.

There are other good candidates running, but since this group will have consistent support and is running as a slate, we’re going with the full crew.

13th Assembly District

Bill Barnes, David Campos, David Chiu, Chris Daly, Michael Goldstein, Robert Haaland, Joe Julian, Rafael Mandelman, Aaron Peskin, Eric Quezada, Laura Spanjian, Debra Walker

12th Assembly District

Michael Bornstein, Emily Drennen, Hene Kelly, Eric Mar, Jake McGoldrick, Trevor McNeil, Jane Morrison, Melanie Nutter, Connie O’Connor, Giselle Quezada, Arlo Hale Smith

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


There are two good candidates running for this open seat. Dennis Hayashi, a public-interest lawyer, would make a fine judge. Victoria Kolakowski would make history.

Kolakowski, who works as an administrative law judge for the California Public Utilities Commission, would be the first transgender person on the Alameda bench and, quite possibly, in the entire country. That would be a major breakthrough and important for more than just symbolic reasons: transpeople have extensive interactions with the judicial system, starting with the work to legally change their names; and, all too often, members of this marginalized community wind up in the criminal justice system. Having a sitting TG judge would go a long way toward educating the legal world about the importance of trans sensitivity.

Kolakowski is eminently qualified for the job: as a private intellectual property lawyer and later an ALJ at the CPUC, she’s handled a range of complex legal issues. She currently oversees administrative hearings that are very similar to court proceedings, and she has a calm and fair judicial temperament.

That’s not to denigrate Hayashi, who also has an impressive résumé. He’s spend much of his life in public-interest law, working for many years with the Asian Law Caucus, and he was co-counsel in the historic case that challenged Fred Korematsu’s conviction for refusing to report to a Japanese internment camp during World War II. He’s run the state’s Department of Fair Employment and Housing and was a civil rights lawyer in the Clinton administration.

We’d be happy to see either on the bench, but we’re going to endorse Kolakowski.

Board of Supervisors, District 5

KEITH CARSON


Keith Carson, the leading progressive on the board, has no real opposition this time around. He’s been a voice for protecting the fragile social safety net of the county, and we’re happy to endorse him for another term.

Oakland races

City Attorney

JOHN RUSSO


John Russo, who has made no secrets of his political ambition, failed in a bid to win the State Assembly seat for District 16 in 2006, and now he’s running unopposed for reelection. Russo has voiced some pretty ridiculous sentiments: he told a magazine for landlords in May 2006 that he opposed all forms of rent control and was against laws requiring just cause for evictions. That’s a horrible stand for a city attorney to take in a city with a huge population of renters. But Russo is smart and capable, and he’s one of the few city attorneys who consistently supports sunshine laws. We’ll endorse him for another term.

City Council, District 1

JANE BRUNNER


An attorney and former teacher, Jane Brunner spends a lot of time pushing for more cops; crime is the top issue in the North Oakland district she represents. And while we’d rather see anticrime approaches that go beyond hiring more officers, we appreciate that Brunner takes on the police department over its hiring failures. We also find her far more preferable on the issue than her opponent, Patrick McCullough, a longtime neighborhood activist who has become something of a celebrity since he shot a teenager who was hassling him in front of his house in 2005.

Brunner is one of the council’s strongest affordable housing advocates and has worked tirelessly for an inclusionary housing law. She deserves reelection.

City Council, District 3

NANCY NADEL


Nadel is hardworking, effective, a leader on progressive economic and planning issues, and one of the best members of the Oakland City Council. She asked the hard questions and demanded improvements in the giant Oak to Ninth project (although she wound up voting for it). She’s pushing for better community policing and promoting community-based anticrime efforts, including a teen center in a part of her district where there have been several homicides. She was a principal architect of the West Oakland industrial zoning plan, which she hopes will attract new jobs to the community (although she also pissed off a few artists who fear they’ll be evicted from living spaces that aren’t up to code, and she needs to address the problem). We’re happy to endorse her for another term.

City Council, District 5

MARIO JUAREZ


Somebody has to try to oust Ignacio De La Fuente, and this time around, Juarez is the best bet. A small-businessperson (he runs a real-estate operation with around 60 employees), he has some surprisingly progressive positions: he not only supports inclusionary housing but told us that he wanted to see the percentage of affordable units increased from 15 to 25 percent. He wants to see community policing integrated fully into Oakland law enforcement. He suggested that Oakland look into putting a modest fee on all airport users to fund local education. And he’s in favor of stronger eviction controls and tenant protections.

De La Fuente, the City Council president, has been the developers’ best friend, has run meetings with a harsh hand, often cutting off debate and silencing community activists, and needs to be defeated. We know Juarez isn’t perfect, but his progressive grassroots-based campaign was strong enough to get him the nod of both the Democratic Party and the Alameda County Greens. We’ll endorse him, too.

City Council, District 7

CLIFFORD GILMORE


Neither of the candidates in this race are terribly impressive, but incumbent Larry Reid has been so terrible on so many issues (supporting big-box development, inviting the Marines to do war games in Oakland, supporting condo conversions, etc.) that it’s hard to imagine how Clifford Gilmore, director of the Oakland Coalition of Congregations, could be worse.

City Council, at large

REBECCA KAPLAN


Rebecca Kaplan is exactly what the Oakland City Council needs: an energetic progressive with the practical skills to get things done. As an AC Transit Board member, she pushed for free bus passes for low income youths — and defying all odds, managed to get all-night transit service from San Francisco to the East Bay. She did it by refusing to accept the conventional wisdom that transit agencies on the two sides of the bay would never cooperate. She put the key players together in a meeting, convinced the San Francisco supervisors to allow AC Transit buses to pick up passengers in the city late at night, and put through an effective program to get people across the bay after BART shuts down.

Kaplan is running for City Council on a progressive platform calling for affordable housing, rational development, and community policing. Her latest idea: since Oakland has so much trouble attracting quality candidates for vacancies in its police department, she suggests the city recruit gay and lesbian military veterans who were kicked out under the Pentagon’s homophobic policies. Her proposed slogan: "Uncle Sam doesn’t want you, but Oakland does."

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


The Oakland schools are still stuck under a state administrator; the district, which was driven by mismanagement into a financial crisis several years ago, paid the price of a state bailout by giving up its independence. The school board has only limited authority of district operations, though that’s slowly changing. The state allowed the board to hire an interim superintendent, meaning issues like curricula and programs will be back under local control. So it’s a time of transition for a district that has had horrible problems, and the board needs experienced, level-headed leadership.

We’re impressed with Jody London, a parent with children in the public schools who runs a small environmental consulting firm. She has been active in the district, co-chairing the 2006 bond campaign that raised $435 million and serving on the bond oversight committee. She has a grasp of fiscal management, understands the challenges the district faces, and has the energy to take them on.

Her main opposition is Brian Rogers, a Republican who has the backing of outgoing state senator Don Perata and is a big fan of private charter schools. Tennessee Reed, a young writer and editor, is also in the race, and we’re glad to see her getting active. But on balance, London is the clear choice.

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


Not a great choice here — we’re not thrilled with either of the two contenders. Jumoke Hinton Hodge, a nonprofit consultant, is too willing to support charter schools. Oluwole, who works with parolees, has limited experience with education. But on the basis of his community background (he’s on the board of the Oakland Community Organization) and our concern about Hodge and charter schools, we’ll go with Oluwole.

School Board, District 5

NOEL GALLO


Noel Gallo, the incumbent, is running unopposed. He’s been a competent member of the board, and we see no reason not to support his reelection.

School Board, District 7

ALICE SPEARMAN


Alice Spearman, the incumbent, isn’t the most inspiring member of the board — and she’s known for making some ill-considered and impolitic statements. But her main opponent, Doris Limbrick, is the principal of a Christian school and has no business running for the board of a public school district. So we’ll go with Spearman again.

Alameda County measures

Measure F

Utility users tax

YES


Measure F extends and slightly increases the utility tax on unincorporated areas of the county. It’s not the greatest tax, but it’s not terrible — and it provides essential revenue to pay for services like law enforcement, libraries, and code enforcement. The parts of Alameda County outside any city boundary have been dwindling as cities expand, but the county provides the only local government services in those areas. And, like every other county in California, Alameda is desperately short of cash. So Measure F is crucial. Vote yes.

Oakland Measure J

Telephone-user tax

YES


Measure J would update a 40-year-old tax on phone use that goes for local services. The tax law applies only to old-fashioned land lines, so cell phone users get away without paying. This isn’t the world’s most progressive tax, but Oakland needs the money and Measure J would more fairly share the burden. Vote yes.

Green dreams

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green.gif
As we celebrate Earth Day in this era of all things green, it’s worth contemplating whether our enviro-guilt has gotten the better of our skepticism and critical thinking. Is “Green=Good” our sole metric these days, making us susceptible to self-serving spin from our politicians and corporations? After all, our Governator seems to have gone from bad to good simply by donning verdant armor and signing a landmark global warming measure that he long fought and watered down.
Closer to home, PG&E’s has been trying to greenwash away our knowledge of their penchant for polluting technologies and political corruption, a quest that our lazy but ambitious and ever image conscious Mayor Gavin Newsom has sporadically tried to piggyback on (ie tidal power, sponsored conferences, and solar everything). When Newsom tried to beef up the city solar commitment by robbing a seismic upgrade fund for renters and then the city’s own bank for building municipal solar panels, it was understandable that the Board of Supervisors balked.
But in today’s Chron, SPUR policy wonk Egon Terplan and righteous activist Van Jones whack the move and decry city plans for more fossil fuel generation. It’s not a bad point, although it is an oversimplistic one, like too many of our either-or green political debates these days. Indeed, we seem to lose the ability to see shades of gray when we talk green, and we too often forget that money is the other form of green in the equation.
As we’ve reported, San Francisco’s solar problems are complicated, just like our power generation problems (see our story in tomorrow’s paper for a more nuanced look at the peaker plant issue). To solve the problems, we need honest leaders speaking candidly to us and each other, rather than all the spin, self-interest, and political gamesmanship that has sullied San Francisco’s political dialogue in recent years.
Green can be good, or it can be the equivalent of snake oil or the IPO for a overhyped tech company that will never make any money. As an excellent recent cover story in Harper’s Magazine noted, the green economy could be the next great bubble after the housing and dot-com crashes, something that desperate capitalists and their political partners are eagerly trying to make so.
Maybe that will be a good thing, but let’s learn our lessons from the last couple bubbles and don’t simply assume that the green label is some kind of stamp of public interest approval.

Imagine San Francisco without rent control

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OPINION If you think the mortgage foreclosure crisis is big, imagine what would happen to San Francisco if rent control were repealed.

With 180,000 rent-controlled apartments currently housing more than 350,000 San Franciscans, the end of rent control would be disastrous. Literally hundreds of thousands would be forced from their homes and forced to leave the city.

The pain and suffering people would face as they lost their homes would be immense, making the foreclosure problem seem insignificant by comparison. Maybe even worse, repealing rent control would destroy forever the soul of San Francisco, eliminating altogether the city’s character and diversity and leaving it nothing more than a wealthy enclave affordable only to the very rich.

Envisioning the loss of rent control and the effect that would have is not fantasy. A statewide ballot measure this June would abolish rent control in San Francisco and all across California. The measure would also abolish requirements that developers include affordable housing in their projects. That means we could wake up on June 4 this year with all affordable housing in San Francisco gone — unless we all work as hard as we can to save our rent control and our affordable housing.

In 1979, rent control was adopted in San Francisco, and it was accomplished only because thousands of San Francisco tenants made it happen. People collected signatures, made phone calls, walked precincts, packed City Hall hearings, and demonstrated and marched. Through collective grassroots activism, rent control became a reality. Now many of us think of rent control as something we’ve always had and a law that will always be there.

But we need to face reality: in five months, all limits on rent hikes could be gone. It won’t be easy to save rent control, and we need to begin our work now. The fate of rent control will largely be up to voters in San Francisco and Los Angeles, where most California renters live. Los Angeles tenants are organizing and mounting a strong campaign there. We need to do the same in San Francisco.

The San Francisco campaign to save rent control will kick off Jan. 19 with a citywide mobilization of tenants and allied organizations to plan and begin our work. If we’re going to save rent control, we need the same level of grassroots activism we had when we fought to get rent control in 1979, and we need tenants to come to the Save Rent Control Convention and begin the hard work to keep our homes.

This will be a working convention: following an overview about the measure, we will map out strategies and plans for fundraising, voter registration and education, media strategies, Web site development, rally organization, and all of the other components that make for a successful grassroots campaign. The tasks are many, and there’s not much time.

If we lose rent control, we’ll lose not just our homes but also our city. Saving rent control is not a fight people can sit out and hope someone else will do something about.

Ted Gullicksen

Ted Gullicksen runs the San Francisco Tenants Union.

The Save Rent Control Convention will be Jan. 19, 1–4 p.m., at Centro del Pueblo, 474 Valencia (at 16th St.), SF. For more information on the rent control repeal measure, see www.saverentcontrol.net or www.sftu.org. For more information, call (415) 282-5525.

Don’t let Newsom duck

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EDITORIAL San Francisco’s budget pain is only going to get worse. The mayor is talking about a shortfall of more than $200 million, which is only an early estimate. Once Gov. Arnold Schwarzenegger takes the ax to the state budget, that number will probably rise. And that will lead the mayor, who so far is refusing to talk about new revenue sources, to go about proposing some truly nasty cuts. Programs for the most marginalized in the city — the homeless, the mentally ill, the poor and sick, the low-income renters — will be facing deep cuts or elimination.

Before that happens, large numbers of the people soon to be affected will come down to City Hall and tell their stories. It’s an annual event, and it’s painful to watch. The supervisors always do their best to save as much as they can, but throughout the entire experience, the mayor — the one who made the cuts in the first place — is typically is entirely missing.

Newsom won’t appear before the supervisors. He won’t do any sort of public event that isn’t carefully scripted. But if he’s going to cut tens of millions of dollars that protect his most vulnerable constituents, he ought to have the courage to listen to what they have to say.

When the supervisors hold hearings on the budget cuts, Newsom ought to be there. He shouldn’t be able to pretend he doesn’t know the impact of what his office is doing.

The supervisors haven’t been able to force Newsom to accept monthly questions. But perhaps they can make the case that the mayor — any mayor — should sit through the hearings, listen to the testimony, and answer questions before he or she makes major cuts to any social services. It’s worth a try.

Newsom’s new tax

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When I first saw this press release, I thought: Wow. Gavin Newsom realizes that there’s a $250 million budget deficit, and he’s actually trying to do something about it. We tax cigarettes because they’re unhealthy, why not tax carbon emissions, which are killing the planet — and raise a little money in the process?

Well, damn: There’s a problem. The key word here is “revenue neutral.” Newsom’s going to give tax rebates to anyone who has to pay this new tax. So it brings in no money for the cash-strapped city.

I understand the argument (let’s tax carbon, not jobs) but the payroll tax doesn’t tax jobs; it’s just a way to measure the size of a company. It’s an imperfect measure, as is gross receipts, but it’s one of the few possible measures you can use for a tax. Calling it a tax on jobs is completely misleading, and the mayor knows that.

So why not keep both? Why not simply add a levy on commercial carbon use (and maybe residential, over a certain basline, so it won’t be a regressive tax on renters), and bring in some cash in a way that also discourages environmental waste?

For rent sale

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› news@sfbg.com

Luz Moran, 75, fingers through a shoebox full of certified envelopes from her landlord’s attorney, squinting at the English words. She’s sitting on a red couch in the living room of her modest Mission District apartment, her feet barely touching the floor.

"This is another check he sent me, look," she mutters in Spanish, pointing out two checks amounting to $3,752.85. The money was sent along with an Ellis Act eviction notice, the first half of the $7,500 in relocation benefits city law requires be given to elderly or disabled tenants who are removed through the state law (if the tenant is not elderly or disabled, the landlord only needs to provide them with $4,500).

"I don’t know what we will do. Other apartments are expensive, and we can’t afford them," Moran says. The money is barely enough to cover moving costs and the first month’s rent at another place, she says, adding, "I don’t think this landlord is dying because of lack of money."

The eviction was not her landlord’s first attempt to move Moran, along with her 92-year-old mother and her son, from their two-bedroom apartment. In May 2006 he offered to sell them the unit for a discounted rate of $310,000, which was out of the family’s price range. Then he suggested a buyout agreement so they would leave voluntarily, but said he couldn’t offer much more than the Ellis Act’s required compensation. After the initial attempt to subdivide the building and all other negotiations failed, the landlord finally issued the eviction. He now wants to sell the units as tenancy in common apartments. But the Morans — and some other tenants in the building — are refusing to cash his checks.

"Because if we accept the money, it says that we are willing to leave here," Moran says.

The word eviction brings back bad memories for many residents of San Francisco, where the number of people thrown out of their homes numbered 2,878 in 1999. Then, at the height of the dot-com era, long-term renters were booted to make room for higher-paying tenants and out-of-towners prepared to buy six-figure homes.

But Moran’s story highlights two new additions to the renter woes that fill the San Francisco Tenants Union these days: landlord buyouts and a surge in TIC homeownership. With San Francisco’s housing prices on a seemingly perpetual upswing, it’s no wonder TIC ownership has increased twelvefold in the past decade. In 1996, 55 TIC units were sold through the San Francisco Multiple Listing Service, and in 2006 that number rose to 650, according to Realtor groups.

At first glance, it looks as if this trend should answer the prayers of middle-class families while avoiding an increase in no-fault tenant evictions. The city’s total evictions have been going down since 2001, hovering around 1,500 since 2003. But over the past five years Ellis Act petitions have slowly picked up, then petered off again, according to Rent Board data. And Ted Gullicksen, office coordinator at the Tenants Union, says these numbers don’t take into account relocation as a result of unregistered buyouts and threats, which can often lead to TIC ownership.

Each weekday at the Tenants Union dozens of renters shuffle through the doors, plop into mismatched chairs, and wait for hours to spill their complaints and legal paperwork onto the desk of a volunteer counselor.

"We’re pretty busy here at the Tenants Union," Gullicksen says on a Friday afternoon during counseling hours. "It’s pretty close to what it was during the worst of the dot-com years."

Gullicksen reports an increase in the number of threats and buyouts of tenants in the past year. He attributes that to 2006 legislation passed by the San Francisco Board of Supervisors prohibiting the conversion of buildings after the eviction of elderly or disabled tenants or multiple units. By avoiding putting an Ellis Act or other no-fault eviction on the record, the landlord can eventually convert the building into a condominium because its history hasn’t been tainted.

A building with no eviction history goes for more on the MLS, according to Gullicksen, which explains why landlords are willing to pay up to $60,000 for a "voluntary" tenant relocation. The private landlord-tenant agreement may be lucrative to the individuals involved, but it results in an almost undetectable loss of an affordable rental unit.

Gullicksen says it’s impossible to determine how many tenants relocate due to buyouts on a citywide level, but about 60 people seek help with one at the Tenants Union every month. Most tell a similar tale: A developer or landlord will offer between $2,000 and $60,000 to tenants to voluntarily vacate. The tenant may ask for a higher sum, and they’ll negotiate back and forth. Eventually, the tenant may be either bought out or evicted.

"It’s a game of chicken, really," Gullicksen says.

The loss of rental units at the hands of TICs or buyouts is not a small matter in a city where two-thirds of residents are renters (on the national level only 34 percent of housing units were rentals in the year 2000), and there is already a shortage of affordable housing.

US Census data show that San Francisco lost 18,474 rental-occupied housing units between 2000 and 2006. And the city isn’t doing much to plug the drain. According to the Planning Department, 13,795 new units have been built and ready for occupancy since 2000, and approximately 12,600 of those are condominiums.

Although the terms "TIC" and "condo" are often used interchangeably, they’re legally different. TICs follow a shared-homeownership model involving one deed and multiple live-in shareholders. They aren’t registered or restricted by the city, whereas condominium conversions are capped at 200 a year. Most notable is the price differential: TICs go for about $200,000 less than a median-priced condominium in San Francisco, which currently runs at $783,000, according to the San Francisco Association of Realtors.

TIC owners typically buy in hoping to raise their property’s value by eventually converting their units to condos through the city’s lottery system. Proponents call TICs one of the city’s only affordable homeownership options. Critics call them a loophole in condo conversion restriction laws.

Radhi Ahern, managing partner and broker at the TIC Group, doesn’t apologize for buyouts to make room for TICs. She acknowledges that TICs are obtained through financial negotiations with tenants.

"It’s the tenant’s choice on whether they get a buyout or don’t take a buyout. And it’s sometimes very lucrative," Ahern says from her spacious Union Street office. "I can honestly say nobody’s given me $25,000 to $50,000 to move into a place…. It’s a win-win situation."

A number of recent changes have increased TICs’ popularity, Ahern says. At first they were financially risky — with multiple people on one mortgage, everyone is affected if one defaults. But in recent years banks have taken on more responsibility through individualized loans to TIC owners. Ahern adds that there are virtually no foreclosures on TICs.

"With the advent of fractional financing, we’re going to see more and more people adopting TICs, just like co-ops were adopted in NYC," Ahern says.

In a city where about 90 percent of residents can’t afford a median-priced home, TICs are lifesavers to people like Scott Ozawa. The recently divorced 31-year-old father of two toddlers makes six figures at a dot-com but says buying into a Western Addition TIC was the only way he could own the home he wanted in San Francisco. Evictions shouldn’t be blamed on TIC owners, he says, but on the city’s faulty housing system and lack of new development.

"The lower-income and the middle-income folks are all vying for the same resources," Ozawa says. "But middle-income folks have more options that are open to them."

Meanwhile, Moran and her family plan to stay in the rent-controlled apartment she has lived in for 35 years and might have to fight an unlawful-detainer order in court this month. She says she likes her place — the neighbors all know one another, she’s close to transit, and her apartment’s thick walls offer protection from earthquakes. The family pays only $507 per month, less than one-fifth the average rate for a two-bedroom apartment in San Francisco, according to the Tenants Union.

In September the Morans and other tenants at their apartment held a support rally outside their building, catering it with sandwiches and juice they prepared. Four elderly female tenants lined up on the front steps, taking turns speaking to the few dozen onlookers. Moran’s upstairs neighbor took out her oxygen tube to speak into a bullhorn. Moran stood beside her, later clapping along to a guitar-strumming activist singing, "Yuppie, yuppie stole my pad! Yuppie, yuppie, bad, bad, bad." As she smiled and mouthed the words in a language she doesn’t speak, a young couple wearing bandannas and carrying what looked like art supplies exited the building next door. They glanced toward the crowd with confused, down-turned brows but didn’t break their stride as they walked off the steps in the opposite direction.

In and out

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› a&eletters@sfbg.com

Playwright Rebecca Gilman’s work has often courted subjects with ripped-from-the-headlines appeal, such as Spinning into Butter‘s take on racism at a small New England college or Boy Gets Girl‘s stalker scenario. Her latest play, The Crowd You’re In With, is no less timely. But at first blush it seems quieter and more understated in its choice of setting and subject matter: a backyard barbeque and a clash between three couples over whether or not to have children. By the end of a taut if laugh-filled 80 minutes, however, this successful comedy, enjoying its world premiere at the Magic Theatre, has uncovered the acute social import and anxieties behind a set of everyday characters and choices.

The play opens on a contemporary American idyll: a sunny Fourth of July afternoon in Chicago, where two thirtysomething white guys, Jasper (T. Edward Webster) and Dan (Kevin Rolston), hover beside a backyard grill in the archetypal pose (and perplexity) of the modern suburban male. Such a scene, including their young wives Melinda (Makela Spielman) and Windsong (Allison Jean White) arranging a table nearby, would seem to contain no more angst than the residual variety implicit in grill time’s spur to primitive masculinity. But there’s already a subtle cornered and concentrated effect in Erik Flatmo’s naturalistic scenic design, with its tiny swath of yard bracketed by the enclosing sharp angles of a two-story duplex and an adjoining high wooden fence. Reproducing Norman Rockwell is not going to prove so easy (if it ever was) in the age of global warming and unending war.

One of the first things we learn is that couple number one — Jasper and Melinda, the renters of the apartment whose yard this is — are trying to get pregnant. Five months and counting. This has Melinda, especially, nervous. Their friends Dan and Windsong, meanwhile, are already very pregnant, as Windsong’s eight-month bulge makes clear. Dan (a happy and good-natured but also slightly abrasive and unselfconsciously vulgar rock critic) and Windsong (the chipper, emotionally fragile, and determinedly conventional child of hippies) are more or less equally incurious and young beyond their years. Jasper and Melinda, by contrast, seem more mature and clever than their friends and yet, we come to suspect, are very much under the sway of their baby-making example all the same. Jasper (played with nicely measured intelligence and sympathetic earnestness by Webster) seems particularly uneasy with this dynamic.

Enter couple number three: Jasper and Melinda’s landlords and upstairs neighbors, Karen (Lorri Holt) and Tom (Charles Shaw Robinson), a pair of politically active progressive boomers without a baby or any desire for one. The genial but opinionated older couple soon evince a thinly veiled disdain for the crass yuppie ideals of their tenants’ friends and for the very idea of knee-jerk breeding under present social conditions. A final arrival helps stir the pot even more: a slovenly, cheapskate friend and bandmate of Dan’s named Dwight (Chris Yule), with a jaundiced eye on the overbearing culture of middle-class child rearing.

The ensuing tension leads to some very funny dialogue, oozing sarcasm, and slow-dawning insults. Ably helmed by Amy Glazer (who has directed all of Gilman’s work at the Magic) and beautifully brought to life by her thoroughly fine, enjoyable cast, the scenes build with a kind of chemical inevitability to temperatures hotter than the day or the barbeque. The fireworks not only start early this July 4 but also — in slyly showing up the repressed violence and bellicosity behind the national picnic and its whole rockets’-red-glare conceit — point to a larger, precarious pattern of denial.

Taking place in a single act in real time, The Crowd You’re In With proves a compact, genuinely entertaining, and provoking play. Even as it skirts stereotype, the types themselves are adeptly fleshed out and will resonate for most people with plenty of lived experience. Moreover, Gilman skillfully grounds her characters’ stories and dilemmas in issues of immediate and universal significance. The questions the play raises about them — like who is the more selfish given their respective life choices — reach down to deeper ones about conformity, consciousness, the meaning of happiness, and the fate of the world we live in.

THE CROWD YOU’RE IN WITH

Through Dec. 9

Wed.–Sat., 8 p.m.; Sun., 2:30 and 7 p.m.; $20–$45

Magic Theatre

Fort Mason Center, bldg. D, Marina at Laguna, SF

(415) 441-8822

www.magictheatre.org

Why Vancouver sucks

5

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Look at all the pretty condos

I’m sick of hearing San Francisco planners, the folks at SPUR and SF Weekly columnists talk about how wonderful Vancouver is, what with all of the slender downtown condo towers that provide walkable neighborhoods, bike paths and a “new urbanist” approach to housing.

Here’s a bit of reality: The New York Times reports that housing costs in Vancouver are soaring. Guess what? All those condos haven’t brought down housing costs, or even stabilized them. The more condos, the higher the prices.

And guess what? Many of those rich condo buyers aren’t from Vancouver:

Fueling the high-end market are foreign and second-home buyers, [Helmut Pastrick, the chief economist for the Credit Union Central of British Columbia] said, though not necessarily from the United States. The weak American dollar, which for the first time in decades is worth less than the Canadian dollar, has been making real estate in Canada more expensive for Americans.

Other foreign buyers make up a significant percentage of the market, according to Ian Gillespie, the president of Westbank Projects. The company is building several residential towers downtown, including the 60-story Living Shangri-La, which will be Vancouver’s tallest building after it is completed in 2009.

“This is a very multicultural city,” said Mr. Gillespie, who cited as an example a pharmaceutical executive from the Middle East, who recently bought a 1,700-square-foot $3.65 million condo at the Fairmont Pacific Rim.

And:

To make room for some projects, hundreds of single-room-occupancy hotel rooms for low-income residents have been lost, said David Eby, a lawyer with the Pivot Legal Society, a legal advocacy group. High prices are pushing out middle-income renters and buyers, he added.

Gee, might there be a different kind of lesson here for San Francisco?

Google’s gentrification shuttle

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OPINION Cari Spivek thought it was wasteful that so many employees like her were driving to work in different cars. Her idea became the Google Shuttle, a private transit network made of biodiesel-powered, wi-fi-enabled, air-conditioned buses transporting employees from around the Bay Area to Google headquarters in Mountain View, south of San Francisco.

At first it was used by a hundred employees from the entire area. But Google has been growing and now shuttles more than 1,200 Googlers every day, many from the Mission District, which has recently added a second bus.

Anyone who has ever taken a population class knows that every migration has a countermigration. In addition to all of the Google employees already living in the city and doing less environmental damage by taking the shuttle, many employees are choosing to move to the city because there is now a comfortable shuttle to take them to work. And many want to be a short walk to one of the stops.

When one takes into account the cost of gentrification, which is destroying the arts in San Francisco and forcing many low-income workers out of the city, the Google Shuttle no longer looks so environmentally friendly. Low- and middle-income wage earners are forced to commute to the neighborhoods they can no longer afford to live in. Their commute can take more than an hour, and they can’t afford environmentally friendly cars.

It’s very possible the Google Shuttle is doing as much harm to the environment as good. And the young Google employees, many making well over $100,000 a year, who move to places like the Mission for the art and diversity, are unintentionally devastating the neighborhood they love. Soon there will be no economic diversity in the Mission, and the young rich who have driven the rents so high will wonder how they ended up living in a place that resembles Greenwich, Conn.

Ending the Google Shuttle is not the only solution. It’s not even the best solution. A much better alternative would be for Google to make substantial investments in low- and middle-income housing in the areas it’s transforming, like the Mission and the Tenderloin, where its employees are clustered.

Google could give back to the community by donating $5,000 per employee living in the Mission to a fund that offsets the costs incurred by tenants forced from their homes by owner move-ins or loss of primary leaseholder, with the rest of the money going to fund neighborhood artists and new middle-income housing. Annually, we’re talking between $5 million and $10 million, a cost Google could easily afford. It would be good for Google in other ways, keeping this an area its creative employees still want to live in, before they follow the rest of the artists to Portland, Ore., or Detroit.

It’s hard for people to admit that their mere presence is doing damage, that their ability to pay exorbitant rent is destroying the neighborhood they love. But the Mission cannot endlessly absorb renters with six-figure incomes. In many ways, including the use of biodiesel shuttle buses, Google has behaved like a responsible profitable corporation should. Now it has a responsibility to help the Mission maintain its diversity. Otherwise, Google needs to stop shuttling its employees from 24th and Mission and stop encouraging them to live in a neighborhood that simply can’t afford them.

Stephen Elliott

Stephen Elliott is the author of six books. He has lived in the Mission for eight years.

Our three-point plan to save San Francisco

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› news@sfbg.com

Curtis Aaron leaves his house at 9 a.m. and drives to work as a recreation center director for the San Francisco Recreation and Park Department. He tries to leave enough time for the trip; he’s expected on the job at noon.

Aaron lives in Stockton. He moved there with his wife and two kids three years ago because “there was no way I could buy a place in San Francisco, not even close.” His commute takes three hours one way when traffic is bad. He drives by himself in a Honda Accord and spends $400 a month on gas.

Peter works for the city as a programmer and lives in Suisun City, where he moved to buy a house and start a family. Born and raised in San Francisco, he is now single again, with grown-up children and a commute that takes a little more than an hour on a good day.

“I’d love to move back. I love city life, but I want to be a homeowner, and I can’t afford that in the city,” Peter, who asked us not to use his last name, explained. “I work two blocks from where I grew up and my mom’s place, which she sold 20 years ago. Her house is nothing fancy, but it’s going for $1.2 million. There’s no way in hell I could buy that.”

Aaron and Peter aren’t paupers; they have good, unionized city jobs. They’re people who by any normal standard would be considered middle-class — except that they simply can’t afford to live in the city where they work. So they drive long distances every day, burning fossil fuels and wasting thousands of productive hours each year.

Their stories are hardly unique or new; they represent part of the core of the city’s most pressing problem: a lack of affordable housing.

Just about everyone on all sides of the political debate agrees that people like Aaron and Peter ought to be able to live in San Francisco. Keeping people who work here close to their jobs is good for the environment, good for the community, and good for the workers.

“A lack of affordable housing is one of the city’s greatest challenges,” Mayor Gavin Newsom acknowledged in his 2007–08 draft budget.

The mayor’s answer — which at times has the support of environmentalists — is in part to allow private developers to build dense, high-rise condominiums, sold at whatever price the market will bear, with a small percentage set aside for people who are slightly less well-off.

The idea is that downtown housing will appeal to people who work in town, keeping them out of their cars and fighting sprawl. And it assumes that if enough market-rate housing is built, eventually the price will come down. In the meantime, demanding that developers make somewhere around 15 percent of their units available at below-market rates should help people like Aaron and Peter — as well as the people who make far less money, who can never buy even a moderately priced unit, and who are being displaced from this city at an alarming rate. And a modest amount of public money, combined with existing state and federal funding, will make affordable housing available to people at all income levels.

But the facts are clear: this strategy isn’t working — and it never will. If San Francisco has any hope of remaining a city with economic diversity, a city that has artists and writers and families and blue-collar workers and young people and students and so many of those who have made this one of the world’s great cities, we need to completely change how we approach the housing issue.

 

HOMELESS OR $100,000

The housing plans coming out of the Mayor’s Office right now are aimed primarily at two populations: the homeless people who have lost all of their discretionary income due to Newsom’s Care Not Cash initiative, and people earning in the neighborhood of $100,000 a year who can’t afford to buy homes. For some time now, the mayor has been diverting affordable-housing money to cover the unfunded costs of making Care Not Cash functional; at least that money is going to the truly needy.

Now Newsom’s housing director, Matt Franklin, is talking about what he recently told the Planning Commission is a “gaping hole” in the city’s housing market: condominiums that would allow people on the higher end of middle income to become homeowners.

At a hearing Sept. 17, Doug Shoemaker of the Mayor’s Office of Housing told a Board of Supervisors committee that the mayor wants to see more condos in the $400,000 to $600,000 range — which, according to figures presented by Service Employees International Union Local 1021, would be out of the reach of, say, a bus driver, a teacher, or a licensed vocational nurse.

Newsom has put $43 million in affordable-housing money into subsidies for new home buyers in the past year. The Planning Department is looking at the eastern neighborhoods as ground zero for a huge new boom in condos for people who, in government parlance, make between 120 and 150 percent of the region’s median income (which is about $90,000 a year for a family of four).

In total, the eastern neighborhoods proposal would allow about 7,500 to 10,000 new housing units to be added over the next 20 years. Downtown residential development at Rincon Hill and the Transbay Terminal is expected to add 10,000 units to the housing mix, and several thousand more units are planned for Visitacion Valley.

The way (somewhat) affordable housing will be built in the eastern part of town, the theory goes, is by creating incentives to get developers to build lower-cost housing. That means, for example, allowing increases in density — changing zoning codes to let buildings go higher, for example, or eliminating parking requirements to allow more units to be crammed into an available lot. The more units a developer can build on a piece of land, the theory goes, the cheaper those units can be.

But there’s absolutely no empirical evidence that this has ever worked or will ever work, and here’s why: the San Francisco housing market is unlike any other market for anything, anywhere. Demand is essentially insatiable, so there’s no competitive pressure to hold prices down.

“There’s this naive notion that if you reduce costs to the market-rate developers, you’ll reduce the costs of the unit,” Calvin Welch, an affordable-housing activist with more than three decades of experience in housing politics, told the Guardian. “But where has that ever happened?”

In other words, there’s nothing to keep those new condos at rates that even unionized city employees — much less service-industry workers, nonprofit employees, and those living on much lower incomes — can afford.

In the meantime, there’s very little discussion of the impact of increasing density in the nation’s second-densest city. Building housing for tens of thousands of new people means spending hundreds of millions of dollars on parks, recreation centers, schools, police stations, fire stations, and Muni lines for the new neighborhoods — and that’s not even on the Planning Department’s radar. Who’s going to pay for all that? Nothing — nothing — in what the mayor and the planners are discussing in development fees will come close to generating the kind of cash it will take to make the newly dense areas livable.

“The solution we are striving for has not been achieved,” said Chris Durazo, chair of the South of Market Community Action Network, an organizing group. “Should we be looking at the cost to developers to build affordable housing or the cost to the neighborhood to be healthy? We’re looking at the cumulative impacts of policy, ballot measures, and planning and saying it doesn’t add up.”

In fact, Shoemaker testified before the supervisors’ committee that the city is $1.14 billion short of the cash it needs to build the level of affordable housing and community amenities in the eastern neighborhoods that are necessary to meet the city’s own goals.

This is, to put it mildly, a gigantic problem.

 

THE REST OF US

Very little of what is on the mayor’s drawing board is rental housing — and even less is housing available for people whose incomes are well below the regional median, people who earn less than $60,000 a year. That’s a large percentage of San Franciscans.

The situation is dire. Last year the Mayor’s Office of Community Development reported that 16 percent of renters spend more than half of their income on housing costs. And a recent report from the National Low Income Housing Coalition notes that a minimum-wage earner would have to work 120 hours a week, 52 weeks a year, to afford the $1,551 rent on a two-bedroom apartment if they spent the recommended 30 percent of their income on housing.

Ted Gullickson of the San Francisco Tenants Union told us that Ellis Act evictions have decreased in the wake of 2006 Board of Supervisors legislation that bars landlords from converting their property from rentals to condos if they evict senior or disabled tenants.

But the condo market is so profitable that landlords are now offering to buy out their tenants — and are taking affordable, rent-controlled housing off the market at the rate of a couple of hundred units a month.

City studies also confirm that white San Franciscans earn more than twice as much as their Latino and African American counterparts. So it’s hardly surprising that the Bayview–Hunters Point African American community is worried that it will be displaced by the city’s massive redevelopment plan for that area. These fears were reinforced last year, when Lennar Corp., which is developing 1,500 new units at Hunters Point Shipyard, announced it will only build for-sale condos at the site rather than promised rental units. Very few African American residents of Bayview–Hunters Point will ever be able to buy those condos.

Tony Kelly of the Potrero Hill Boosters believes the industrial-zoned land in that area is the city’s last chance to address its affordable-housing crisis. “It’s the biggest single rezoning that the city has ever tried to do. It’s a really huge thing. But it’s also where a lot of development pressure is being put on the city, because the first sale on this land, once it’s rezoned, will be the most profitable.”

Land use attorney Sue Hestor sees the eastern neighborhoods as a test of San Francisco’s real political soul.

“There is no way it can meet housing goals unless a large chunk of land goes for affordable housing, or we’ll export all of our low-income workers,” Hestor said. “We’re not talking about people on welfare, but hotel workers, the tourist industry, even newspaper reporters.

“Is it environmentally sound to export all your workforce so that they face commute patterns that take up to three and four hours a day, then turn around and sell condos to people who commute to San Jose and Santa Clara?”

 

A THREE-POINT PLAN

It’s time to rethink — completely rethink — the way San Francisco addresses the housing crisis. That involves challenging some basic assumptions that have driven housing policy for years — and in some quarters of town, it’s starting to happen.

There are three elements of a new housing strategy emerging, not all from the same people or organizations. It’s still a bit amorphous, but in community meetings, public hearings, blog postings, and private discussions, a program is starting to take shape that might actually alter the political landscape and make it possible for people who aren’t millionaires to rent apartments and even buy homes in this town.

Some of these ideas are ours; most of them come from community leaders. We’ll do our best to give credit where it’s due, but there are dozens of activists who have been participating in these discussions, and what follows is an amalgam, a three-point plan for a new housing policy in San Francisco.

1. Preserve what we have. This is nothing new or terribly radical, but it’s a cornerstone of any effective policy. As Welch points out repeatedly, in a housing crisis the cheapest and most valuable affordable housing is the stuff that already exists.

Every time a landlord or real estate speculator tries to make a fast buck by evicting a tenant from a rent-controlled apartment and turning that apartment into a tenancy in common or a condo, the city’s affordable-housing stock diminishes. And it’s far cheaper to look for ways to prevent that eviction and that conversion than it is to build a new affordable-rental apartment to replace the one the city has lost.

The Tenants Union has been talking about this for years. Quintin Mecke, a community organizer who is running for mayor, is making it a key part of his platform: More city-funded eviction defense. More restrictions on what landlords can do with buildings emptied under the Ellis Act. And ultimately, a statewide strategy to get that law — which allows landlords to clear a building of tenants, then sell it as condos — repealed.

Preserving existing housing also means fighting the kind of displacement that happens when high-end condos are squeezed into low-income neighborhoods (which is happening more and more in the Mission, for example, with the recent approval of a market-rate project at 3400 César Chávez).

And — equally important — it means preserving land.

Part of the battle over the eastern neighborhoods is a struggle for limited parcels of undeveloped or underdeveloped real estate. The market-rate developers have their eyes (and in many cases, their claws) on dozens of sites — and every time one of them is turned over for million-dollar condos, it’s lost as a possible place to construct affordable housing (or to preserve blue-collar jobs).

“Areas that have been bombarded by condos are already lost — their industrial buildings and land are already gone,” Oscar Grande of People Organizing to Demand Environmental and Economic Rights told us.

So when activists (and some members of the Board of Supervisors) talk about slowing down or even stopping the construction of new market-rate housing in the eastern neighborhoods area, it’s not just about preventing the displacement of industry and blue-collar jobs; it’s also about saving existing, very limited, and very valuable space for future affordable housing.

And that means putting much of the eastern neighborhoods land off limits to market-rate housing of any kind.

The city can’t exactly use zoning laws to mandate low rents and low housing prices. But it can place such high demands on developers — for example, a requirement that any new market-rate housing include 50 percent very-low-income affordable units — that the builders of the million-dollar condos will walk away and leave the land for the kind of housing the city actually needs.

2. Find a new, reliable, consistent way to fund affordable housing. Just about everyone, including Newsom, supports the notion of inclusionary housing — that is, requiring developers to make a certain number of units available at lower-than-market rates. In San Francisco right now, that typically runs at around 15 percent, depending on the size of the project; some activists have argued that the number ought to go higher, up to 20 or even 25 percent.

But while inclusionary housing laws are a good thing as far as they go, there’s a fundamental flaw in the theory: if San Francisco is funding affordable housing by taking a small cut of what market-rate developers are building, the end result will be a city where the very rich far outnumber everyone else. Remember, if 15 percent of the units in a new luxury condo tower are going at something resembling an affordable rate, that means 85 percent aren’t — and ultimately, that leads to a population that’s 85 percent millionaire.

The other problem is how you measure and define affordable. That’s typically based on a percentage of the area’s median income — and since San Francisco is lumped in with San Mateo and Marin counties for income statistics, the median is pretty high. For a family of four in San Francisco today, city planning figures show, the median income is close to $90,000 a year.

And since many of these below-market-rate projects are priced to be affordable to people making 80 to 100 percent of the median income, the typical city employee or service-industry worker is left out.

In fact, much of the below-market-rate housing built as part of these projects isn’t exactly affordable to the San Franciscans most desperately in need of housing. Of 1,088 below-market-rate units built in the past few years in the city, Planning Department figures show, just 169 were available to people whose incomes were below half of the median (that is, below $45,000 a year for a family of four or $30,000 a year for a single person).

“A unit can be below market rate and still not affordable to 99 percent of San Franciscans,” Welch noted.

This approach clearly isn’t working.

So activists have been meeting during the past few months to hammer out a different approach, a way to sever affordable-housing funding from the construction of market-rate housing — and to ensure that there’s enough money in the pot to make an actual difference.

It’s a big number. “If we have a billion dollars for affordable housing over the next 15 years, we have a fighting chance,” Sup. Chris Daly told us. “But that’s the kind of money we have to talk about to make any real impact.”

In theory, the mayor and the supervisors can just allocate money from the General Fund for housing — but under Newsom, it’s not happening. In fact, the mayor cut $30 million of affordable-housing money this year.

The centerpiece of what Daly, cosponsoring Sup. Tom Ammiano, and the housing activists are talking about is a charter amendment that would earmark a portion of the city’s annual property-tax collections — somewhere around $30 million — for affordable housing. Most of that would go for what’s known as low- and very-low-income housing — units affordable to people who earn less than half of the median income. The measure would also require that current housing expenditures not be cut — to “lock in everything we’re doing now,” as Daly put it — so that that city would have a baseline of perhaps $60 million a year.

Since the federal government makes matching funds available for many affordable-housing projects, that money could be leveraged into more than $1 billion.

Of course, setting aside $30 million for affordable housing means less money for other city programs, so activists are also looking at ways to pay for it. One obvious option is to rewrite the city’s business-tax laws, replacing some or all of the current payroll tax money with a tax on gross receipts. That tax would exempt all companies with less than $2 million a year in revenue — the vast majority of the small businesses in town — and would be skewed to tax the bigger businesses at a higher rate.

Daly’s measure is likely headed for the November 2008 ballot.

The other funding option that’s being discussed in some circles — including the Mayor’s Office of Housing — is complicated but makes a tremendous amount of sense. Redevelopment agencies now have the legal right to sell revenue bonds and to collect income based on so-called tax increments — that is, the increased property-tax collections that come from a newly developed area. With a modest change in state law, the city should be able to do that too — to in effect capture the increased property taxes from new development in, say, the Mission and use that money entirely to build affordable housing in the neighborhood.

That, again, is a big pot of cash — potentially tens of millions of dollars a year. Assemblymember Mark Leno (D–San Francisco) told us he’s been researching the issue and is prepared to author state legislation if necessary to give the city the right to use tax-increment financing anywhere in town. “With a steady revenue stream, you can issue revenue bonds and get housing money up front,” he said.

That’s something redevelopment agencies can do, and it’s a powerful tool: revenue bonds don’t have to go to the voters and are an easy way to raise money for big projects — like an ambitious affordable-housing development program.

Somewhere, between all of these different approaches, the city needs to find a regular, steady source for a large sum of money to build housing for people who currently work in San Francisco. If we want a healthy, diverse, functioning city, it’s not a choice any more; it’s a mandate.

3. A Proposition M for housing. One of the most interesting and far-reaching ideas we’ve heard in the past year comes from Marc Salomon, a Green Party activist and policy wonk who has done extensive research into the local housing market. It may be the key to the city’s future.

In March, Salomon did something that the Planning Department should have done years ago: he took a list of all of the housing developments that had opened in the South of Market area in the past 10 years and compared it to the Department of Elections’ master voter files for 2002 and 2006. His conclusion: fully two-thirds of the people moving into the new housing were from out of town. The numbers, he said, “indicate that the city is pursuing the exact opposite priorities and policies of what the Housing Element of the General Plan calls for in planning for new residential construction.”

That confirms what we found more than a year earlier when we knocked on doors and interviewed residents of the new condo complexes (“A Streetcar Named Displacement,” 10/19/05). The people for whom San Francisco is building housing are overwhelmingly young, rich, white commuters who work in Silicon Valley. Or they’re older, rich empty nesters who are moving back to the city from the suburbs. They aren’t people who work in San Francisco, and they certainly aren’t representative of the diversity of the city’s population and workforce.

Welch calls it “socially psychotic” planning.

Twenty-five years ago, the city was doing equally psychotic planning for commercial development, allowing the construction of millions of square feet of high-rise office space that was overburdening city services, costing taxpayers a fortune, creating congestion, driving up residential rents, and turning downtown streets into dark corridors. Progressives put a measure on the November 1986 ballot — Proposition M — that turned the high-rise boom on its head: from then on, developers had to prove that their buildings would meet a real need in the city. It also set a strict cap on new development and forced project sponsors to compete in a “beauty contest” — and only the projects that offered something worthwhile to San Francisco could be approved.

That, Salomon argues, is exactly how the city needs to approach housing in 2007.

He’s been circuutf8g a proposal that would set clear priority policies for new housing. It starts with a finding that is entirely consistent with economic reality: “Housing prices [in San Francisco] cannot be lowered by expanding the supply of market-rate housing.”

It continues, “San Francisco values must guide housing policy. The vast majority of housing produced must be affordable to the vast majority of current residents. New housing must be economically compatible with the neighborhood. The most needy — homeless, very low income people, disabled people, people with AIDS, seniors, and families — must be prioritized in housing production. … [and] market-rate housing can be produced only as the required number of affordable units are produced.”

The proposal would limit the height of all new housing to about six stories and would “encourage limited-equity, permanently affordable homeownership opportunities.”

Salomon suggests that San Francisco limit the amount of new market-rate housing to 250,000 square feet a year — probably about 200 to 400 units — and that the developers “must produce aggressive, competitive community benefit packages that must be used by the Planning Commission as a beauty contest, with mandatory approval by the Board of Supervisors.” (You can read his entire proposal at www.sfbg.com/newpropm.doc.)

There are all kinds of details that need to be worked out, but at base this is a brilliant idea; it could be combined with the new financing plans to shift the production of housing away from the very rich and toward a mix that will preserve San Francisco as a city of artists, writers, working-class people, creative thinkers, and refugees from narrow-minded communities all over, people who want to live and work and make friends and make art and raise families and be part of a community that has always been one of a kind, a rare place in the world.

There is still a way to save San Francisco — but we’re running out of time. And we can’t afford to pursue moderate, incremental plans. This city needs a massive new effort to change the way housing is built, rented, and sold — and we have to start now, today.* To see what the Planning Department has in the pipeline, visit www.sfgov.org/site/planning_index.asp?id=58508. To see what is planned for the eastern neighborhoods, check out www.sfgov.org/site/planning_index.asp?id=67762.

The rate hike hurts the economy

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EDITORIAL Pacific Gas and Electric Co.’s latest rate increase simply ratifies what’s been going on for many years: the private electric utility screws residential users and small businesses. If the California Public Utilities Commission goes along with the new rate plan, renters and homeowners will see their power bills go up more than 4 percent; small merchants will face a hike of nearly 7 percent. Meanwhile, rates for some of the biggest users will actually fall, by as much as 3.7 percent.

That’s pretty shoddy environmental policy. For years activists have argued that the biggest users should pay higher rates, since that would give them the strongest incentive to conserve. Cutting rates for, say, big companies that leave their lights on all night or manufacturers that refuse to invest in the latest conservation technology will only lead to more waste — and thus to more energy use and more global warming.

But it’s also bad economic policy. High utility rates hit hardest among those least able to afford them — and just as tax increases on the poor and small businesses disproportionately harm the economy, this rate hike will have lasting damage that goes beyond individual users.

Since San Francisco has a mild climate and a lot of residents and small businesses already work hard to conserve power, the rate hike may not seem catastrophic: if your monthly electric bill is $50, the additional charge will be just $2. But when that’s multiplied by more than 300,000 San Francisco households (and close to one million in Northern California), we’re talking significant money.

As we’ve demonstrated (see "The $620 Million Shakedown," 9/4/02), high PG&E rates suck hundreds of millions of dollars a year out of San Francisco and many times that out of Northern California. This rate hike will bounce that number even higher. And remember: San Francisco is the only city in the United States with a legal mandate, through the Raker Act, to establish a public power system.

And that ought to spark a new organized effort to bring public power to the city.

The city is already moving forward on Community Choice Aggregation, which will translate into lower rates — but will leave PG&E controlling the local grid. It’s a good first step, but the second step — a full takeover of the grid and a city-run power agency — needs to be on the agenda as an action item. It’s not clear how best to proceed, but there are great ideas out there. Sups. Tom Ammiano and Chris Daly, for example, have talked about requiring contractors to allow the city to lay electric cables whenever the streets are torn up, which would allow public power to proceed one neighborhood at a time.

But the economic impact of this rate hike ought to be enough evidence of the need to get rid of PG&E that organizers can start putting together concrete plans for the future.

PS If city hall proposed a 7 percent tax hike for small businesses, most would be screaming bloody murder and complaining about the larger economic impact. But the small-business community has never been actively involved in public power efforts. The rate hike is in effect a tax on those least able to pay, and small-business leaders ought to join the public power fight.

PPS The city, especially the Small Business Commission, needs to be fighting this late hike. And the commission should designate an ombudsperson to compile complaints about PG&E.

The budget’s opening battle

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› sarah@sfbg.com

Mayor Gavin Newsom and Sup. Chris Daly have been engaged in a high-profile clash over city budget priorities in recent weeks. Newsom appeared to win the latest battle when he galvanized an unlikely coalition and Daly clashed with some of his progressive allies, prompting Board of Supervisors president Aaron Peskin to remove Daly on June 15 as chair of the Budget and Finance Committee.

"This is not about personality, and it shouldn’t be about the mayor’s race. It should be about making sure we have a good budget," Peskin told the Guardian shortly before announcing that he would be taking over as Budget and Finance chair just as the committee was beginning work on approving a budget by July 1.

Yet this latest budget battle was more about personalities and tactical errors than it was about the larger war over the city’s values and spending, areas in which it’s far too early for the Newsom camp to declare victory. The reality is that Newsom’s "back-to-basics budget" — which would increase spending for police and cityscape improvements and cut health services and affordable-housing programs — is still likely to be significantly altered by the progressives-dominated Board of Supervisors.

In fact, while the recent showdown between Newsom and Daly may have been diffused by Daly’s removal as Budget and Finance chair, it’s conceivable that a clash between Newsom and the supervisors is still on the horizon. After all, eight supervisors voted for a $28 million affordable-housing supplemental that Newsom refused to sign, and the mayor could yet be forced to decide whether to sign a budget that lies somewhere between his vision and Daly’s.

Stepping back from recent events and the supercharged rhetoric behind them, a Guardian analysis of the coming budget fight shows that there are difficult and highly political choices to be made that could have profound effects on what kind of city San Francisco becomes.

If Daly wanted to spark a productive dialogue on whether the mayor’s budget priorities are in the best interests of the city, he probably didn’t go about it in the right way. But the approach seemed to be born of frustration that the mayor was refusing to implement a duly approved program for an important public need.

Daly has argued that when he introduced his $28 million affordable-housing supplemental in March, he thought it would be "noncontroversial." Last year the board approved and Newsom signed a $54 million supplemental budget, including $20 million in affordable-housing funds. Daly wrote on his blog that he hoped his latest $28 million request would help "stem the tide of families leaving San Francisco, decrease the number of people forced to live on the streets, and help elders live out their days with some dignity."

But Newsom objected, first criticizing Daly in the media for submitting it too late, then refusing to spend money that had been approved by a veto-proof majority, with only his supervisorial allies Sean Elsbernd, Michela Alioto-Pier, and Ed Jew opposed. Daly pushed back against what he loudly labeled the mayor’s "backdoor veto," which he considered illegal.

"You may not believe the question of affordable housing and affordability is more important than redesigning the city’s Web site or perhaps installing cameras in police cars or fixing a pothole, but to say that the money does not exist is a lie," Daly said at a board meeting.

So when Newsom submitted his final budget June 1, Daly proposed restoring the funding and taking away $37 million from what he called the mayor’s "pet projects." His suggestion triggered a political firestorm, since his targets included a wide array of programs, including $700,000 for a Community Justice Center, $3 million for one police academy class, $10.6 million for street repairs and street trees, $2.1 million to expand the Corridors street cleaning program, and $500,000 for a small-business-assistance center. In their place, Daly argued, the city would be able to restore funds cut from affordable housing, inpatient psychiatric beds, and services for people with AIDS.

In addition to uniting against him those constituencies whose funding he targeted, Daly’s proposed cuts in law enforcement — and his brash, unilateral approach to the issue — threatened to cost him the support of Sup. Ross Mirkarimi, a progressive with public safety credentials who represents the crime-plagued Western Addition. So it was a precarious situation that became a full-blown meltdown once the Newsom reelection campaign started phone banks and e-mail blasts accusing Daly of endangering public safety and subverting the normal budget process.

Pretty soon, with Daly’s enemies smelling blood in the water, it became a sort of feeding frenzy, and various groups urged their members to mobilize for a noon rally before the June 13 Budget and Finance Committee meeting. "We are a sleeping giant that has awakened," small-business advocate Scott Hauge claimed as he e-mailed other concerned stakeholders, who happened to include Friends of the Urban Forest and public housing activists, thanks to Daly’s call for a $5 million cut in Newsom’s Hope SF plan, which would rebuild public housing projects by allowing developers to also build market-rate condos at the sites.

"Mirkarimi seems to feel strongly about having cops and infrastructure, which are typically the priorities of conservatives," Daly told the Guardian as he announced plans to cancel the June 13 budget hearing, which he did after accusing Newsom of engaging in illegal electioneering.

Daly also accused Newsom of abusing his power by securing the City Hall steps for a budget rally at the same time, date, and place that Daly believed his team had secured — a mess-up city administrator Rohan Lane explained to us as "an unfortunate procedural thing."

But while Daly told us he "needed to hear from progressives who enjoy diversity, because if we don’t get more affordable housing dollars, San Francisco is going to become increasingly white, wealthy, and more conservative," all anyone could hear the next day was a pro-Newsom crowd chanting, "No, Supervisor Daly, no!" outside City Hall.

Newsom spoke at the rally and claimed that Daly’s proposal to cut $5 million from Hope SF would eliminate "$95 million in local money to help rebuild San Francisco’s most distressed public housing," a figure that includes the bond issue Newsom is proposing. With the 700 to 900 market-rate units included in the program, Newsom claims the cuts will cost the city $700 million in housing.

"Stop the balkanization of San Francisco!" Rev. Al Townsend roared, while Housing Authority Commissioner Millard Larkin said, "People are living in housing not fit for animals. Protect policies that give people a decent place to live."

"This is about your priorities," Newsom said as he made the case that fixing potholes, sweeping streets, and putting more cops on the beat are now San Francisco’s top concerns.

"I’ve never seen this type of disrespect to the public process," Newsom said, addressing a crowd that included a couple of Daly supporters holding "Homelessness is not a crime" signs alongside people dressed as trees, a dozen people in orange "Newsom ’07" shirts, Newsom campaign operative Peter Ragone, and former Newsom-backed supervisor candidates Doug Chan and Rob Black (the latter of whom who lost to Daly and now works for the San Francisco Chamber of Commerce).

"Gavin Newsom’s budget reflects that he has been listening to you. It’s not something he has dreamed up is his ivory tower," Townsend said, while Kelly Quirke, executive director of Friends of the Urban Forest, pointed out that Daly’s proposal would mean the 1,500 trees that the Department of Public Works planted this year "would not be watered," and Police Commissioner Yvonne Lee said the proposal would "eliminate 50 new officers that could be on streets, plus a $400,000 system to identify the source of gunfire."

What Newsom’s supporters didn’t mention was that his proposed budget, which would add $33 million for the Police Department to help get more officers on the streets and pay existing officers more, also would drastically shift the city’s housing policies by transferring about $50 million from existing affordable-housing and rental-support programs into spending on home ownership and development of market-rate units. And that comes as the city is losing ground on meeting a goal in the General Plan’s Housing Element of making more than 60 percent of new housing affordable for low-income residents.

Daly doesn’t think people fully understand the implications of Hope SF and said public hearings are needed so they "can understand it better." Yet the Newsom rally still touted the mayor’s concern for those in public housing projects.

"We’re not interested in rebuilding unless the tenants are supportive," Doug Shoemaker of the Mayor’s Office of Housing told the Guardian, promising that existing public housing units will be replaced "on a one-to-one basis" and noting that 85 affordable rentals, along with 40 to 50 units for first-time home buyers at a below-market rate (for a household of two with an income of about $58,000 annually) and hundreds of market-rate condos, will be built.

"The market-rate condos will cross-subsidize the rebuilding of public housing," said Shoemaker, who claims that the "lumpiness of the mayor’s budget" — in which home-ownership funding increases by $51 million, while programs benefiting the homeless and senior and families renters appear to have been cut by $48 million — "is best understood over the long term" and is related to the redevelopment projects in Bayview–Hunters Point and Mission Bay.

"The hardest thing about explaining these figures is that it sounds like a game of three-card rummy, but we need to fuel whatever is coming down the pipeline," he said.

The confusing fight over affordable housing has even split its advocates. Coleman Advocates for Children and Their Families publicly urged Daly not to hold Hope SF funds hostage to his housing supplemental, while the Family Budget Coalition urged Newsom and the supervisors to "work together to find at least $60 million during the add-back process to prioritize affordable housing."

But with Daly gone from the Budget and Finance Committee, how will his proposals and priorities fare? Sources say Peskin was irritated with Daly’s budget fight and his recent Progressive Convention — both actions not made in consultation with colleagues — as well as his increasingly public spat with Mirkarimi. Yet Peskin publicly has nothing but praise for Daly and supports many of his priorities.

"We are working with the same schedule that Daly’s office laid out," Peskin said, noting that a lot of the decisions about funding will depend on "what ends up coming from the state." San Francisco could still lose money from the state or federal budget. During a June 18 budget hearing, Sup. Bevan Dufty introduced a motion to amend the mayor’s interim budget by appropriating $4 million for HIV/AIDS services, to be funded by General Fund reserves, for use by the Department of Public Health.

This was one of Daly’s top priorities, and as the hearing proceeded, it became clear that there was a method in the former chair’s apparent budget-dance madness. Newsom’s budget would restore $3.8 million of the $9 million in AIDS grants lost from federal sources, with Newsom asking Congress to backfill the remaining reductions to the Ryan White Care grant. Sup. Sean Elsbernd questioned the wisdom of appropriating $4 million now, when the feds may yet cough up, and Mirkarimi questioned whether doing so would send Washington the message that it doesn’t need to help us.

"It’s a discussion we have every year," Controller Ed Harrington said. He recommended appropriating $4 million now and sending the following message: "Yes, we think this is important, we’ll try and figure out how to fix it, but this shows it isn’t easy. It’s a political call rather than a technical one."

In the end, the Budget and Finance Committee voted 3–1, with Sup. Tom Ammiano (the only supervisor to publicly support Daly’s alternative budget) absent and Elsbernd dissenting, to appropriate $4 million, on the condition that if additional federal and state funds are granted to backfill the Ryan White Care grant, the controller will transfer the $4 million augmentation back to the General Fund.

The same kind of balancing act is expected on Daly’s other suggestions to restore funding for affordable housing and public health departments, so it’s still too early to tell whether his priorities might ultimately win the war after losing the battle.*

Steven T. Jones contributed to this report.

For more details on the city budget process and a schedule of Budget and Finance Committee meetings, visit www.tiny.cc/BJRSN.

Important tenant alert — call Leland Yee!

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By Tim Redmond

A critical piece of tenant legislation is heading for the floor of the state Senate, and so far, San Francisco Senator Leland Yee hasn’t taken a position on it. The bill would dramatically reduce the number of Ellis Act evictions in the city and save the homes of thousands of low-income renters and seniors.

The bill number is SB 464, by Sen. Sheila Kuehl (D-L.A). Contact Yee’s office today and demand that he support it.

You can email him directly from here. Or you can call his local office at 557-7857.

Truth about the eastern neighborhoods

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EDITORIAL The next battle for San Francisco’s future will be fought in significant part in what the Planning Department calls the eastern neighborhoods — South of Market, the central waterfront, the Mission District, Potrero Hill, and Showplace Square. That’s where planners want to see some 29,000 new housing units built, along with offices and laboratories for the emerging biotech industry that’s projected to grow on the outskirts of the UCSF Mission Bay campus.

On March 28 the Planning Department released the final draft of a socioeconomic impact study of the area, which, with 1,500 acres of potentially developable land, is one of San Francisco’s last frontiers.

For a $50,000 report, the study doesn’t really say much. It puts an overall rosy glow on a zoning plan that will lead to widespread displacement of blue-collar jobs and dramatically increased gentrification. And it fails to answer what ought to be the fundamental questions of anything calling itself a socioeconomic study.

But within the 197-page document are some stunning facts that ought to give neighborhood activists (and the San Francisco supervisors) reason to doubt the entire rezoning package.

On one level it’s hard to blame Linda Hausrath, the Oakland economist who did the study: the premise was flawed from the start. The study considers only two possibilities — either the eastern neighborhoods will be left with no new zoning at all or the Planning Department’s zoning proposal will be implemented. Her conclusion, not surprisingly, is that the official city plan offers a lot of benefits. That’s hard to argue: the current zoning for the area is a mess, and much of the most desirable land is wide open for all sorts of undesirable uses.

But there are many, many ways to look at the future of the eastern neighborhoods beyond what the Planning Department has offered. Neighborhood activists in Potrero Hill have their own alternatives; so do the folks in the Mission and South of Market. There are a lot of ways to conceive of this giant piece of urban land — and many of them start and end with different priorities than those of the Planning Department.

Two key issues dominate the report — housing and employment in what’s known as production, distribution, and repair, or PDR, facilities. PDR jobs are among the final remaining types of employment in San Francisco that pay a decent wage and don’t require a college degree. The city had 95,000 of these as of 2000 (the most recent data that the study looks at), and 32,000 of them were in the eastern neighborhoods.

Almost everyone agrees that PDR jobs are a crucial part of the city’s economic mix and that without them a significant segment of the city’s population will be displaced. "There are two ways to drive people out of San Francisco," housing activist Calvin Welch says. "You can eliminate their housing or eliminate their jobs."

The city’s rezoning plan seeks to protect some PDR uses in a few parts of the eastern neighborhoods. But many of the areas where the warehouses, light industrial outfits, and similar businesses operate will be zoned to allow market-rate housing — and that will be the end of the blue-collar jobs.

When you build market-rate housing in industrial areas, the industry is forced out. That’s already been proved in San Francisco; just remember what happened in South of Market during the dot-com and live-work boom. When wealthy people move into homes near PDR businesses, they immediately start to complain: those businesses are often loud; trucks arrive at all hours of the day and night. City officials get pestered by angry new homeowners — and at the same time, the price of real estate goes up. The PDR businesses are shut down or bought out — and replaced with more luxury condos.

Thousands of PDR jobs have disappeared since the 2000 census, the result of the dot-com boom. And even the Hausrath report acknowledges that 4,000 more PDR jobs will be lost from the eastern neighborhoods under the city’s plan. That’s more than would be lost without any rezoning at all.

The vast majority — more than 70 percent, the report shows — of people who work in PDR jobs in San Francisco also live in San Francisco. Many are immigrants and people of color. A significant percentage live in Bayview–Hunters Point, where the unemployment rate among African Americans is a civic disgrace. What will happen to those workers? What will happen to their families? Where will they go when the jobs disappear? There’s nothing in the report that addresses these questions — although they reflect one of the most important socioeconomic impacts of the looming changes in the region.

Then there’s affordable housing.

According to the city’s reports and projections, two-thirds of all the new housing that is built in the city ought to be available below the market rate. That’s because none of the people who are now being driven from San Francisco by high housing costs — families, small-business people working-class renters, people on fixed incomes — can possibly afford market-rate units. In fact, as we reported last week ("The Big Housing Lie," 3/28/07), the new housing that’s being built in San Francisco does very little to help current residents, which is why more than 65 percent of the people who are buying those units are coming here from out of town.

San Francisco is one of the world’s great cities, but it isn’t very big — 49 square miles — and most of the land is already developed. The 1,500 developable acres in the eastern neighborhoods are among the last bits of land that can be used for affordable housing. And in fact, that’s where 60 percent of the below-market housing built in the city in the past few years has been located.

But every market-rate project that’s built — and there are a lot of them on the drawing board — takes away a potential affordable housing site and thus makes it less possible for the city to come close to meeting its goals. The Hausrath report completely ignores that fact.

Overall, the report — which reflects the sensibilities of the Planning Department — accepts the premise that the best use of much of the eastern neighborhoods is for high-end condos. Building that housing, the report notes, "would provide a relief valve" to offset pressures on the market for existing housing.

But that’s directly at odds with the available facts. The San Francisco housing market has never fit in with a traditional supply-and-demand model, and today it’s totally out of whack. Market-rate housing in this city has come to resemble freeways and prisons: the more you build, the more demand it creates — and the construction boom does nothing to alleviate the original problem.

The new condos in San Francisco are being snapped up by real estate speculators, wealthy empty nesters, very rich people (and companies) who want local pieds-à-terre, and highly paid tech workers who have jobs on the Peninsula. Meanwhile, families are fleeing the city in droves. The African American community is being decimated. Artists, writers, musicians, unconventional thinkers — the people who are the heart of San Francisco life and culture — can’t stay in a town that offers no place for them to live. Is this really how we want to use the 1,500 precious acres of the eastern neighborhoods?

The Hausrath study was largely a waste of money, which is too bad, because the issue facing the planning commissioners, the mayor, and the supervisors is profound. The city planners need to go back to the drawing board and come up with a rezoning plan that makes affordable housing and the retention of PDR jobs a priority, gives million-dollar condos a very limited role, and prevents the power of a truly perverse market from further destroying some of the city’s most vulnerable neighborhoods. *

The big housing lie

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By Tim Redmond

This is big news.

Marc Salomon, a local activist, has done something that the City Planning Department should have done years ago: He’s carefully tracked who’s moving into new housing in San Francisco, using voter registration data. His conclusion: Fully two-thirds of the people moving into the new market-rate units are from out of town. That is, the vast majoirty of the new housing the city is allowing developers to build does nothing for the San Francisco renters who want to buy homes, the familes who are being driven out of town …. and nothing for the local housing market.

We are building housing for very rich people who don’t live here. That’s exactly the opposite of what the city’s official policy is and what any sane housing policy would do.

Click here to see Salomon’s study (Word doc).

The corporation that ate San Francisco

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› sarah@sfbg.com

For the past decade, Florida-based megadeveloper Lennar Corp. has been snatching up the rights to the Bay Area’s former naval bases, those vast stretches of land that once housed the Pacific Fleet but are now home to rats, weeds, and in some places, low-income renters.

When the Navy pulled out of Hunters Point Shipyard in 1974, it left behind a landscape pitted with abandoned barracks, cracked runways, spooky radiation laboratories, antique cranes, rusting docks, and countless toxic spills.

A quarter century later, Lennar came knocking at the shipyard’s door — and those of other military bases abandoned in the waning days of the cold war — recognizing these toxic wastelands as the last frontier of underdeveloped land in urban American and an unparalleled opportunity to make big money.

Lennar had already won its first battle in 1997, seizing control of the Bay Area’s former military pearl in Vallejo when it was named master developer for the old Mare Island Naval Shipyard. Two years later it almost lost its bid for Hunters Point Shipyard when a consultant for the San Francisco Redevelopment Agency recommended giving the development rights to the Ohio-based Forest City.

Lennar fought back, calling on politically connected friends and citing its deep pockets and its track record at Mare Island.

A parade of Lennar supporters, many of them friends of then-mayor Willie Brown and Rep. Nancy Pelosi, told the Redevelopment Agency commissioners that Lennar was the only developer that had bothered to reach out to the Bayview–Hunters Point community. In the end, the commissioners — all of them mayoral appointees — ignored their consultant’s advice and voted for Lennar.

Nobody knows if Forest City would have done a better job. A developer is, after all, a developer. But Lennar’s victory at the shipyard helped it win the rights, four years later, to redevelop Treasure Island — long before it had even broken ground at Hunters Point. And a couple years ago, it parlayed those footholds into an exclusive development agreement for Candlestick Point.

Now the Fortune 500 company, which had revenues of $16.3 billion in 2006, does have a track record at the shipyard. And that performance is raising doubts about whether San Francisco should have entrusted almost its entire undeveloped coastline to a profit-driven corporation that is proving difficult to regulate or hold accountable for its actions.

Sure, Lennar has provided job training for southeast San Francisco residents, set up small-business assistance and community builder programs, and invested $75 million in the first phase of development. That’s the good news.

But on Lennar’s watch, a subcontractor failed to monitor and control dangerous asbestos dust next to a school at the Hunters Point Shipyard, potentially exposing students to a deadly toxin — despite promising to carefully monitor the air and control the construction dust.

And when the homebuilding industry took a nosedive last year, Lennar reneged on its promise to provide needed rental housing on Hunters Point — saying that its profit margins were no longer good enough to make rentals worthwhile. All of which raises questions about whether this company, which is working with Mayor Gavin Newsom to build a stadium at the shipyard to keep the 49ers in town, really has San Francisco’s interests in mind.

Bayview–Hunters Point native Dr. Ahimsa Porter Sumchai, a physician and a Sierra Club member, called the Lennar deal the "dirty transfer of the shipyard." She told us, "There is no reason why I’d trust Lennar more than I would the Navy and the federal regulators who have stringently worked on the cleanup of Hunters Point Shipyard, and yet it still remains toxic."

"This is just a play to get the shipyard," said Porter Sumchai, whose father was a longshore worker at the shipyard and died from asbestosis.

Part of the problem is systemic: the Redevelopment Agency hands over these giant projects to master, for-profit developers — who can then change the plans based on financial considerations, not community needs. And while Lennar likes to tell decision makers of its massive size and resources, the actual work at these bases has been delegated to limited-liability subsidiaries with far fewer available assets.

In this case, Lennar experienced a 3 percent drop in sales last year, a 29 percent increase in cancellation rates on homes, and a 15 percent dip in its fourth quarter profits. The downturn prompted Lennar’s president and CEO, Stuart Miller, to identify ways to improve what he described in the annual report as the company’s "margin of improvement" in 2007. These included "reducing construction costs by negotiating lower prices, redesigning products to meet today’s market demand and building on land at current market prices."

A Lennar spokesperson, Sam Singer, issued a statement to us saying that "Lennar BVHP is committed to operating responsibly, continually incorporating best community and environmental practices into our everyday business decisions."

But for a look at how Lennar’s model clashes with community interests, you need go no further than the edge of the site where Lennar has been digging up asbestos-laden rock.

DUST IN THE WIND


The Muhammed University of Islam is a small private school that occupies a modest flat-roofed hilltop building on Kiska Road with a bird’s-eye view of the abandoned Hunters Point Shipyard. This year-round K–12 school is affiliated with the Nation of Islam and attracts mostly African American students but also brings in Latino, Asian, and Pacific Islander children, many of whom have had problems in the public school system and whose parents can’t cover the cost of a private school.

"We find a way," the school’s mustachioed and nattily dressed minister, Christopher Muhammed, recently told the Redevelopment Agency in a veiled allusion to the financial nexus between the MUI and the Nation of Islam’s mosque and bakery on Third Street. "Many students aren’t members of our tradition but live across the street, down the street, or come from Oakland and Vallejo."

The minister is asking the Redevelopment Agency, the agency that selected Lennar and oversees the project, to permanently relocate the school. The school’s classrooms and basketball courts sit on the other side of a chain-link fence from Parcel A, which is the first and only plot of land that the Navy has certified at the shipyard as clean and ready for development.

Standing on these courts, the children have been able to watch heavy machinery digging up and moving huge amounts of earth in preparation for the 1,600 condos and town houses that Lennar wants to build on this sunny hillside, which has views of the bay and the rest of the shipyard.

The shipyard’s other five parcels are still part of a federal Superfund site, despite having undergone years of decontamination. Black tarps cover piles of soil that have been tagged as contaminated, and recently, radiological deposits were found in the sewers and soil. The Navy is still cleaning up a long list of nasty toxins, including PCBs and solvents, on Parcels B through F, the land Newsom now wants the city to take over so that it can hastily build a stadium for the 49ers.

But the minister’s request to relocate the MUI isn’t inspired by fear of Navy-related contamination or the impact of a stadium on the neighborhood but rather by the reality that asbestos is naturally present in this hillside and Lennar’s excavation work on the other side of the school’s chain-link fence has been kicking up dust for almost a year.

It’s not that Lennar and the city didn’t know about the asbestos. In April 2000 the environmental impact report for the shipyard reuse noted, "Because asbestos-containing serpentinite rock occurs at Hunters Point Shipyard, construction-related excavation activities could cause chrysotile asbestos associated with serpentinite to become airborne, creating a potentially significant impact to public health and safety."

So when Lennar proposed demolishing abandoned housing and roads and grading and transferring massive amounts of earth on Parcel A, the Bay Area Air Quality Management District demanded an asbestos dust mitigation plan that included sweeping and watering the construction sites and making sure that vehicle tires are washed before drivers exit.

The state Asbestos Air Control Toxic Measure also stipulates that if a school lies within a quarter mile of a construction site, local air districts can require developers to install asbestos dust monitors and shut down their sites whenever asbestos registers 16,000 fibers per cubic meter. The state requires these extra steps because children have higher metabolisms, growing lungs, and longer life expectancy. Plus, they’re lower to the ground and are likely to run, skip, hop, and play ball games that kick up dust.

Although Lennar agreed to abide by the air district’s requirements, the developer failed to properly implement this plan for more than a year.

The air district’s records show that Lennar’s environmental consultant, CH2M Hill, failed to include any air monitoring in its original plan for Parcel A, which is odd because the school is obvious to anyone who visits the site. It was only when the air district pointed out the existence of the Hunters Point Boys and Girls Club, the Milton Meyer Recreation Center, and the MUI, all within the quarter-mile limit, that Lennar agreed, at least on paper, to what the air district describes as "one of the most stringent asbestos dust mitigation plans in the state."

The plan combines the air district’s asbestos requirements with the city’s demands that Lennar limit "ordinary dust" that can cause respiratory irritation and aggravate existing respiratory conditions, such as asthma and bronchitis. Lennar agreed to implement the plan in the summer of 2005 and determine background levels of dust and toxins at the site before work began in the spring of 2006.

But that didn’t happen. For 13 months there is no data to show how much asbestos the MUI students were exposed to, neither for the 10 months before construction started on the cleared site nor for the first three hot and dusty months when Lennar’s subcontractors began massive earth-moving operations next to the school.

You’d think that after these failures became public knowledge, a devastated Lennar would have gotten a black eye and perhaps fired the subcontractors involved. Failing to protect children in a community that’s been the repeat victim of environmental injustice is a public relations nightmare, particularly in a part of town where distrust of redevelopment runs deep, thanks to the travesties in the Fillmore in the 1960s, followed by the city’s recent rejection of a referendum to put the Bayview–Hunters Point Redevelopment Plan to a public vote.

But while Lennar’s executives finally did the right thing last August by alerting the air district and replacing CH2M Hill, they didn’t release their two other subcontractors, Gordon Ball and Luster, nor did they sufficiently rein them in when violations continued, critics have testified at agency meetings.

And instead of apologizing to the air district and the city’s Department of Public Health for making them look like impotent fools, Lennar executives pushed back, contending that asbestos monitoring wasn’t necessary until May 2006 and that they didn’t need to water the tires of private vehicles.

They even listed economic rationalizations for the screwups that did happen. According to a memo marked "confidential" that the Guardian unearthed in the air district’s files, written by the air district’s inspector, Wayne Lee, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction activity" and "Gordon Ball would have to idle about 26 employees on site, and employees tend to look for other work when the work is not consistent."

Meanwhile, the Department of Public Health was left reeling. Environmental health director Dr. Rajiv Bhatia told us, "It was very disappointing. We worked very hard. We wanted this system to be health protective. Whenever things don’t work, it takes time to get back to levels of trust. This hurts trust and credibility."

In September 2006 the air district issued Lennar a notice of violation for the period of July 14, 2005, through Aug. 3, 2006. Lee wrote that vegetation removal on the site "disturbed the soil and in some cases, likely resulted in dust." He also made it clear that "any track onto common roads could be tracked out to public thoroughfares and create asbestos dust plumes."

Lennar’s fines have yet to be determined, but they could reach into millions of dollars. State fines for emitting air contaminants range from $1,000 a day, if the violation wasn’t the result of intentional or negligent conduct, to $75,000 a day, if the conduct was deemed willful and intentional.

But as the air district weighs the evidence, one thing’s for sure: this wasn’t an isolated case of one set of monitors failing or one subcontractor screwing up. This case involves numerous violations and three subcontractors, two of which — Gordon Ball and Luster — are still working next to the MUI (neither company returned our calls).

Records show that once Lennar fired its environmental compliance subcontractor, CH2M Hill, properly installed monitors immediately detected asbestos dust, triggering 15 health-protective shutdowns during the course of the next six months. From these results, is it reasonable to conclude that had Lennar got its monitoring right from the beginning, further shutdowns would have cost Lennar’s construction subcontractors even more truckloads of money, as would have adequate watering of the site, which they didn’t get right for months?

So far, the only explanation for the watering deficiencies has come from Kofi Bonner, president of Lennar Urban for Northern California, who told the Redevelopment Agency, "Given the hilly terrain, it can only be watered enough so as not to create difficult conditions for the workers going up and down the site."

Lennar didn’t finally start to really control its subcontractors until January, when Lennar ordered Gordon Ball and Luster to "replace two site superintendents with new personnel who must demonstrate environmental sensitivity in conducting their work," according to public records.

MIAMI VICE


Headquartered in Miami Beach, Fla., Lennar began in 1954 as a small home builder, but by 1969 it was developing, owning, and managing commercial and residential real estate. Three years later it became a publicly traded company and has been profitable ever since, spinning off new entities.

Lennar Urban is one such venture. Established in 2003 to focus on military-base reuse, Lennar Urban recently produced a glossy brochure in which it proclaimed, "Military base reuse is our business — this is what we do."

Military-base development may be good business — but it isn’t always such a good deal for cities, particularly when communities don’t end up receiving what was promised on the front end.

In November 2006, Lennar announced it wouldn’t build any rental homes in its 1,600-unit development at the Hunters Point Shipyard. The Redevelopment Agency had originally approved a plan for 700 rental units on the 500-acre site, but Lennar said rising construction costs make rentals a losing investment.

Also in November, Arc Ecology economist Eve Bach warned the Board of Supervisors that Lennar’s public-benefits package for Treasure Island could be seriously compromised.

The package includes 1,800 below-market affordable housing units, 300 acres of parks, open space and recreational amenities, thousands of permanent and construction jobs, green building standards, and innovative transportation.

Bach summed up these proposals as "good concepts, uncertain delivery" and noted the discrepancy between Lennar’s stated desire for a 25 percent return and Budget Analyst Harvey Rose’s conservative prediction of an 18.6 percent return.

"Particularly at risk of shortfalls are transit service levels, very-low-income housing, and open-space maintenance," Bach warned.

With community benefits up in the air, high profits expected, and Lennar’s ability to regulate developers uncertain, many community activists question just what San Francisco is getting from the company.

"I can’t say that Lennar is trustworthy, not when they come up with a community benefits package that has no benefit for the community," activist Marie Harrison said. "I’d like to be able to say that the bulk of our community are going to be homeowners, but I resent that Lennar is spoon-feeding that idea to folks in public housing who want a roof over their heads and don’t want to live with mold and mildew but don’t have jobs or good credit or a down payment. I’ve heard seniors say, ‘I can’t even afford to die.’ Lennar is not being realistic, and that hurts my feelings and breaks my heart."

SHOE-IN


The story of Lennar and Muhammed University of Islam underscores the problems with a system that essentially relies on developers to regulate themselves. Bay Area Air Quality Management District records show officials didn’t know monitoring equipment at the site wasn’t working until August 2006, when Lennar discovered and reported the problem.

Lee reported after an Aug. 31, 2006, meeting with CH2M Hill staff, "They were not confident that the air sampling equipment was sampling correctly, due to faulty records and suspect batteries. CH2M Hill staff discovered depleted batteries and could not determine when they drained."

The air district’s air quality program manager, Janet Glasgow, told the Guardian, "The district had never been in this situation before, in which a developer, Lennar, came in and self-reported that they discovered a problem with their monitoring — something the district would never have been able to determine."

Worrisome as Glasgow’s statement is, there’s also the possibility that CH2M Hill’s failures might never have come to light had it not been for the city’s decision to demand another layer of dust controls. As Department of Public Health engineer Amy Brownell said, her inspectors were witnessing trails of dust firsthand, yet CH2M Hill’s monitors kept registering "non-detect" around asbestos.

"Which was suspicious," Brownell told us, "since they were doing massive earthwork."

Saul Bloom, who is executive director for Arc Ecology, a local nonprofit that helps communities plan for base closures and cleanups, told us he recalls "waiting for the first shoe to drop, wondering how there could be no work stoppages when Lennar was digging up a hillside of serpentinite."

The other shoe did drop shortly after the August 2006 meeting. It was black and well polished and attached to the foot of Muhammed, who began questioning whether the dust wasn’t harming his students.

But Muhammed found his questions weren’t easy to answer, given that Lennar had failed to monitor itself and therefore lacked the data that could have proved no harm was done, a scary situation since health problems from asbestos exposure don’t generally manifest themselves until many years later.

Those questions raised others about Lennar and whether it should be trusted to self-regulate.

DÉJÀ VU


In December 2006, Redevelopment Agency Commissioner Francee Covington asked Lennar’s environmental manager, Sheila Roebuck, if the company had any asbestos issues at other projects in the nation. Roebuck replied no, not to her knowledge.

But the Guardian has learned that Lennar already had problems with naturally occurring asbestos in El Dorado. The problems concerned dynamiting in hills that were full of naturally occurring asbestos and resulted in a $350,000 settlement in November 2006. The case involved two El Dorado Hills developers, Angelo K. Tsakopoulos and Larry Gualco, and their earthmoving subcontractor, DeSilva Gates Construction of Dublin.

As part of the terms of the settlement, the county agreed, at the behest of the developers, to make their earthmoving contractor, DeSilva Gates, who provided the dynamite, solely responsible for the settlement. Accused of, but not formally charged with, 47 violations of air- and water-pollution laws is West Valley, a limited liability company composed of Lennar Communities of Roseville, Gualco, and Tsakopoulos’s AKT Investments of Sacramento, with Lennar managing the LLC and AKT acting as the investor.

But as the Sacramento Bee‘s Chris Bowman reported, El Dorado Air Quality Management District head Marcella McTaggart expressed her displeasure directly to Lennar Communities, writing, "We are very disappointed to note that the agreed-upon measures to minimize … dust were completely disregarded by your company."

McTaggart’s words bear an eerie resemblance to Bhatia’s comments about how Lennar’s failure to protect the public heath "hurts trust and credibility."

"Ultimately, I’m very interested in being able to talk to the families and children who believe they have been harmed," Bhatia told us. "I want to help with people’s uncertainties and fears."

LEGAL PROBLEMS


Uncertainty and fear were on display at the Redevelopment Agency’s December 2006 meeting when Muhammed claimed that serpentinite, arsenic, and antimony had been found on his students and staff through "resonance testing."

Lung cancer experts doubt that methodology, telling us the only way to detect serpentinite in bodies is by doing an autopsy.

Following the minister’s claims, a rattled Bonner told the Redevelopment Agency, "Lennar cannot continue to be accused of covering something up or willfully poisoning the community because of profits. Lennar is a national public company, and the accusations and allegations are very serious."

Unfortunately for Lennar and the city, the company’s failures to monitor and control dust have left both entities exposed, since they formed a limited liability company without extensive resources, Lennar BVHP, to conduct the shipyard cleanup.

This exposure became even more evident when Muhammed returned to the Redevelopment Agency Commission in January with 15 MUI students in tow to ask for a temporary shutdown of Lennar’s site until a permanent relocation of the school had been worked out.

"It doesn’t seem proper to have peace discussions while the other side is still shooting," Muhammed said.

His relocation request got Bayview–Hunters Point community activist Espanola Jackson raising more questions: "OK, but where are the other residents going? How can you displace them? Have the residents on Kiska Road been notified? Or on Palou? Nope. You give people dollars to do outreach, but they don’t come to my door. Someone is being paid to not give the truth."

Scott Madison, a member of the Hunters Point Shipyard Citizens Advisory Committee, who’d observed large excavation machines breaking rock but not using water or any other dust controls, said, "I don’t understand how Lennar, who I believe has a sincere interest in doing right, can continue to have a contractor who is out of control."

Bonner explained that Lennar sent notices of default to its subcontractors and hired people from the community to be monitors, plus installed a secondary level of consultants to monitor contractors. But when Redevelopment Agency commissioner London Breed expressed interest in releasing the old contractor and hiring a new one, the agency’s executive director, Marcia Rosen, chimed in.

"Our agreement," Rosen said, "is not with the subcontractor. Our agreement is with Lennar." Her words illustrated the agency’s impotency or unwillingness to crack the whip over Lennar and its subcontractors. But when Lennar Urban vice president Paul Menaker began to explain that its contractors have a 10-day cure period, it was too much for Commissioner Covington.

"We’re way past that," Covington exploded. "We’re not hams!"

EXPLODING HAMS


Perhaps they’re not hams, but the commissioners’ apparent inability to pull the plug on Lennar or its subcontractors leaves observers wondering how best to characterize the relationship between the agency, the city, the community, and Lennar.

Redevelopment Agency commissioners have been appointed either by Mayor Gavin Newsom or his predecessor, the consummate dealmaker Willie Brown. But the incestuous web of political connections goes even further.

Newsom is Speaker of the House Nancy Pelosi’s nephew by marriage. Newsom’s campaign treasurer is another Pelosi nephew, Laurence Pelosi, who used to be vice president of acquisitions for Lennar and now works for Morgan Stanley Real Estate, which holds Lennar stock.

Both Newsom and Laurence Pelosi are connected to lobbyist Darius Anderson, who hosted a fundraiser to pay off Newsom’s campaign debts. Anderson counts Lennar as his client for Treasure Island, Mare Island, the Hunters Point Shipyard, and Candlestick Point, another vast swath of land that Lennar controls.

Brown’s ties to the agency and Lennar run equally deep, thanks in part to Lennar’s Bonner, who was Brown’s former head of economic development and before that worked for the Redevelopment Agency, where he recommended hiring KPMG Peat Marwick to choose between Catellus, Lennar, and Forest City for the Hunters Point project.

KPMG acknowledged all three were capable master developers, but the commission decided to go with the most deep-pocketed entity.

Clearly, Lennar plays both sides of the political fence, a reality that suggests it would be wiser for cities to give elected officials such as the Board of Supervisors, not mayoral appointees, the job of controlling developers.

DAMAGE CONTROL


Under the current system, in which Lennar seems accountable to no one except an apparently toothless Redevelopment Agency, you can’t trust Lennar to answer tough questions once it’s already won your military base.

Asked about asbestos at the Hunters Point Shipyard, Bonner directed the Guardian‘s questions to veteran flack Sam Singer, who also handles PR for Ruby Rippey-Tourk. Singer tried to dodge the issue by cherry-picking quotes, beginning with a Dec. 1, 2006, letter that the city’s health director, Dr. Mitch Katz, sent to Redevelopment’s Rosen.

Katz wrote, "I believe that regulatory mechanisms currently in place for Shipyard Redevelopment are appropriate and adequate to protect the public from potential environmental hazards."

The assessment would seem to be at odds with that of Katz’s environmental health director Bhatia, who has been on the frontline of the asbestos fallout and wrote in a Jan. 25 letter, "The failure to secure timely compliance with the regulations by the developer and the repeated violations has also challenged our credibility as a public health agency able and committed to securing the regulatory compliance necessary to protect public health."

Singer also quoted from a Feb. 20 Arc Ecology report on asbestos and dust control for Parcel A, which stated, "Lennar’s responses have been consistently cooperative." But he failed to include Arc’s criticisms of Lennar, namely that its "subcontractors have consistently undermined its compliance requirements," that it has "not exercised sufficient contractual control over its subcontractors so as to ensure compliance," and that it was "overly slow" in implementing an enhanced community air-monitoring system.

Singer focused instead on Arc’s observation that "there is currently no evidence that asbestos from the grading operation on Parcel A poses an endangerment to human health and the environment."

Lack of evidence is not the same as proof, and while Arc’s Saul Bloom doesn’t believe that "asbestos dust is the issue," he does believe that not moving the school, at least temporarily, leaves Lennar and the city liable.

"They formed a partnership, protective measures didn’t happen, the subcontractors continue to be unreliable, and dust in general continues to be a problem," Bloom told us.

Bloom also recommends the Redevelopment Agency have an independent consultant on-site each day and bar contractors who screw up. "Without these teeth, the Redevelopment Agency’s claims that they have enforcement capabilities are like arguments for the existence of God."

Raymond Tompkins, an associate researcher in the Chemistry Department at San Francisco State University and a member of the Remediation Advisory Board to the Navy who has family in Bayview–Hunters Point, says what’s missing from the city’s relationship with Lennar is accountability, independence, and citizen oversight.

"If you can’t put water on dirt so dust doesn’t come up, you can’t deal with the processes at the rest of the shipyard, which are far more complicated," says Tompkins, who doesn’t want the Navy to walk away and believes an industrial hygienist is needed.

"The cavalier attitude around asbestos dust and Lennar at the shipyard fosters the concerns of the African American community that gentrification is taking place — and that, next stop, they are going to be sacrificed for a stadium." *

Editor’s Notes

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› tredmond@sfbg.com

I complain a lot too. I understand: The buses don’t run on time. Everything costs too much, particularly a place to live, if you can even find one. Traffic is terrible, and there’s no place to park. Developers keep destroying good stuff and putting up ugly stuff.

And then there are moments like last Sunday afternoon, when my kids and I spent a couple hours communing with the pair of great horned owls that decided to take up residence in a tree on Bernal Hill.

The owls showed up a couple weeks ago. They sleep during the day, on branches maybe 25 feet off the ground, opening their yellow eyes every once in a while to cast a nonchalant glance at the humans and their dogs gawking up from below. They don’t seem to mind the fact that they’re constantly the center of attention, that it sometimes feels like a zoo exhibit up on the hill — except these aren’t captive creatures. They actually live here.

Great horned owls don’t tend to hang out in urban areas; I’ve never seen one before in San Francisco. But our new neighbors seem well at home on the hill, where there are plenty of mice, rats, and other small mammals to hunt. They’ve become quite the attraction; even Vivian, who isn’t exactly a nature girl, was excited to walk up and see them.

Michael, of course, was way into owls long before these guys showed up. He knew that they eat their prey whole but can’t digest fur, feathers, bones, teeth, or claws, and that once a day they burp that stuff up in a tight wad called a pellet. Naturally, we had to go looking.

So we climbed around the base of the tree for about half an hour, searching for owl pellets. They don’t look a whole lot different from dog turds, which are also common to this particular habitat, but I’d brought a couple sharp wooden barbecue spears to poke around with. After a few unpleasant errors, I snagged one; we took it home, picked it apart with tweezers, and managed to extract what appeared to be almost an entire mouse skeleton, which is now in a carefully labeled specimen jar on a shelf in the kids’ room.

After a quarter of a century in San Francisco, the city continues to amaze me.

I mention this in part because I happened to be looking for something else on the SF Weekly Web site the other day and came upon a peculiar and typically nasty piece columnist Matt Smith had written in the guise of advice to out-of-town reporters descending on the city to find out about the place whence comes House Speaker Nancy Pelosi.

I’m sure he was trying to be funny, but in the end all I got was bile and vitriol. One typical comment:

"People move here, meet a group of fighting-mad friends, then join one of the city’s myriad wars: dog-owners vs. parents, renters vs. owners, bus-riders vs. drivers, bohemians vs. geeks, everybody against newcomers.

"A few years ago, I denounced the city as a petty battle zone."

That’s one way to look at it. Me, I love the fact that people in the city care enough to fight for its future.

Not to go after our corporate-chain rivals (who? me?), but I have to wonder sometimes: do the folks at the SF Weekly even like San Francisco? *

Sue Bierman memorial, Sept. 3

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By Sarah Phelan
A memorial will be held for Sue Bierman on Sunday, Sept. 3, 2-4pm at Delancey St, 600 Embarcadero.
News that former San Francisco Sup. Sue Bierman died on the afternoon of Monday August 7 after her car crashed into a dumpster in the Cole Valley, got the current supervisors sharing memories of her at the August 8 Board of Supes meeting.
Sup. Gerardo Sandoval said “volumes could be written about the accomplishments” of this woman, who was “probably a grandmother/sister figure to many of us.”
Sup. Aaron Peskin called her “an incredible person, an FDR-type Democrat,” who was behind the demolition of the old Embarcadero freeway.”Said Sup. Ross Mirkarimi, “she was a hero in so many battles in San Francisco..most recently, when we were trying to bring attention to excessive, disproportionate closure of schools, Sue Bierman and her daughter were on the front line. She was very disarming, but very strong. I will miss her dearly.”
Sup. Sean Elsbernd acknowledged that “should she and I have served on the board together, we would have had a few disagreements. I’ll miss her look.”
Sup. Tom Ammiano recalled how,”When Carole Migden put on lipstick, Sue would follow, You knew something was going to happen, as if a secret handhske was involved…I don’t know if there’s a highway to heaven, but thanks to Sue it ain’t a freeway.”
Sup. Dufty remembered how she had a lot of influence over Mayor Willie Brown. “If you heard him cussing at Sue, you knew she’d won one over him.”
Sup. Alioto-Pier, noting how she and Bierman often did not agree when they were both on the Port Commission said, “She very eloquently told you, she was very forceful, she was always the first person to call, it was dismaying to hear her voice on the machine, saying, “michela,” in a shaky voice.
Sup. Daly said she was the champion of young adults–and renters.
‘She understood what made San Francisco great.”
And Gloria Young, clerk of the board, recalled trying to get Bierman, who served on the board from 1992-2000, to vacate her office at noon on the day she was termed out, so to tidy up before the new supe [Peskin] arrived.
“Absolutely not,” bierman is said to have said. “I’ll be working until the end of the day, It’s immportant to acknowledge thew constituents who put us in office.”
“And she left me with a big stack of books,” added Peskin. “They’re still on the shelf.”

Farewell, Sue Bierman

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By Sarah Phelan
News that former San Francisco Sup. Sue Bierman died Monday afternoon after her car crashed into a dumpster in the Cole Valley, got the current supervisors sharing memories of her at the August 8 Board of Supes meeting.
Sup. Gerardo Sandoval said “volumes could be written about the accomplishments” of this woman, who was “probably a grandmother/sister figure to many of us.”
Sup. Aaron Peskin called her “an incredible person, an FDR-type Democrat,” who was behind the demolition of the old Embarcadero freeway.”Said Sup. Ross Mirkarimi, “she was a hero in so many battles in San Francisco..most recently, when we were trying to bring attention to excessive, disproportionate closure of schools, Sue Bierman and her daughter were on the front line. She was very disarming, but very strong. I will miss her dearly.”
Sup. Sean Elsbernd acknowledged that “should she and I have served on the board together, we would have had a few disagreements. I’ll miss her look.”
Sup. Tom Ammiano recalled how,”When Carole Migden put on lipstick, Sue would follow, You knew something was going to happen, as if a secret handhske was involved…I don’t know if there’s a highway to heaven, but thanks to Sue it ain’t a freeway.”
Sup. Dufty remembered how she had a lot of influence over Mayor Willie Brown. “If you heard him cussing at Sue, you knew she’d won one over him.”
Sup. Alioto-Pier, noting how she and Bierman often did not agree when they were both on the Port Commission said, “She very eloquently told you, she was very forceful, she was always the first person to call, it was dismaying to hear her voice on the machine, saying, “michela,” in a shaky voice.
Sup. Daly said she was the champion of young adults–and renters.
‘She understood what made San Francisco great.”
And Gloria Young, clerk of the board, recalled trying to get Bierman, who served on the board from 1992-2000, to vacate her office at noon on the day she was termed out, so to tidy up before the new supe [Peskin] arrived.
“Absolutely not,” bierman is said to have said. “I’ll be working until the end of the day, It’s immportant to acknowledge thew constituents who put us in office.”
“And she left me with a big stack of books,” added Peskin. “They’re still on the shelf.”

Farewell, Sue Bierman

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I never had the honor of meeting Sue Bierman, but news that the former San Francisco supervisor died Monday afternoon after her car crashed into a dumpster in the Cole Valley, got the current supes sharing memories of her at the August 8 Board meeting. leaving me with the impression of a much loved, sometimes feared, outspoken and universally respected 82-year old.
Here’s just a sampling of some of the many tributes made:
“Volumes could be written about the accomplishments of this woman,” said Sup. Gerardo Sandoval said. “She was probably a grandmother/sister figure to many of us.”
Sup. Aaron Peskin called her “an incredible person, an FDR-type Democrat,” and the woman responsible for stopping the expansion of the freeway into the panhandle.
Said Sup. Ross Mirkarimi, “she was a hero in so many battles in San Francisco..most recently, when we were trying to bring attention to excessive, disproportionate closure of schools, Sue Bierman and her daughter were on the front line. She was very disarming, but very strong. I will miss her dearly.”
Sup. Sean Elsbernd acknowledged that “should she and I have served on the board together, we would have had a few disagreements. I’ll miss her look.”
Sup. Tom Ammiano recalled how,”When Carole Migden put on lipstick, Sue would follow. You knew something was going to happen, as if a secret handshake was involved…I don’t know if there’s a highway to heaven, but thanks to Sue it ain’t a freeway.”
Sup. Bevan Dufty remembered how Bierman had a lot of influence over Mayor Willie Brown. “If you heard him cussing at Sue, you knew she’d won one over him.”
Sup. Michela Alioto-Pier noted how she and Bierman often did not agree when they were both on the Port Commission.
“She very eloquently told you, she was very forceful, she was always the first person to call, it was dismaying to hear her voice on the machine, saying, ‘Michela,’ in a shaky voice,” Alioto-Pier recalled.
Sup. Chris Daly said bBerman was the champion of young adults–and renters.
‘She understood what made San Francisco great.”
And Gloria Young, clerk of the board, recalled trying to get Bierman, who served on the Board from 1992 until she was termed out in 2000, vacate her office at noon on the last day , so to tidy up before the new supe [Peskin] arrived.
“Absolutely not,” Bierman is said to have said. “I’ll be working until the end of the day, It’s important to acknowledge the constituents who put us in office.”
“And she left me with a big stack of books,” added Peskin. “They’re still on the shelf.”