Board of Supervisors

Inside the Homeless Outreach Team

This week’s Bay Guardian features a cover story on homelessness in San Francisco.

For that story, we reached out to the San Francisco Department of Public Health to interview members of the city’s Homeless Outreach Team, public workers who interact directly with people who live on the city’s streets.

Access was denied. It’s not clear why DPH was unwilling to allow a press interview with members of the HOT team, but our requests did coincide with a March 19 Board of Supervisors Budget and Finance Committee hearing regarding a $1.3 million budget supplemental to expand its capacity.

The item was approved 4-1. Sup. John Avalos, who opposed it, said the city ought to come up with a more comprehensive plan to address homelessness.

As Sup. Jane Kim noted in an interview for the story, “If you’re just going to increase the HOT team, but not services, then you’re just sending people out to harass homeless people.”

Meanwhile, thanks to emails we recently obtained in response to a public records request, we now have a clearer picture of the HOT team’s day-to-day activities.

Apparently, efforts to expand the HOT team are being made in the context of city officials being contacted frequently by neighbors who complain that they are very bothered by the sight of homeless people.

A records request yielded more than 100 pages of such complaints. Some are quite dramatic.

“I don’t know where to begin,” one resident wrote. “I feel between mad, disgusted, and frustrated. This homeless encampment keeps growing. … The city has put up wire fencing only to be cut through by the homeless. … It is within 100 yards of my 1.2M condo.”

Another said: “Something is deeply wrong with San Francisco policy. Cultivating the Bohemian San Francisco style is nice but … it is as if we were in a deteriorated undeveloped country. We live in downtown San Francisco, not in the favelas, which is what it feels like …”

Still another complainant wrote: “Bags distributors are installed in the parks in order to help dog lovers clean up after their dogs, which is completely normal, but nothing is done for all the human beings who stroll, do drugs, eat, sleep, urinate, defecate and so on, on the sidewalks.”

Sometimes these complaints result in HOT team visits to homeless encampments that have been described. But the emails suggest that while the city’s HOT team does approach homeless folks to try and persuade them to access services or go to a shelter, the service workers don’t always have full services to direct them to if the homeless individuals agree to do so.

Psychiatric social worker Jason Albertson, who is part of the HOT team, explained this dilemma in an email sent in mid-January. His email noted that the HOT team had encountered some homeless people in the vicinity of Harriet Alley and Manolo Draves Park, in response to a neighbor’s urging.

They’re “primarily in transit, meaning that they camp in different places each night and are not regulars,” he explained. “So far, nobody has wanted to enter into shelter or discuss other access to treatment or services.” But even if they had, he said, there wouldn’t be too many options for moving forward with recovery.

“At this time, our case management support is limited with identified clients waiting,” he wrote. “So capacity for full service is limited.”

Complaint against Yee includes firearms trafficking and envelopes full of cash

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The federal criminal charges filed today against Sen. Leland Yee (D-SF), local political consultant Keith Jackson, reputed Chinatown organized crime boss Raymond “Shrimp Boy” Chow, and 23 other defendants allege a vast criminal conspiracy that was penetrated by undercover FBI agents, who say they then gave Yee envelopes full of cash in exchange for official favors.

Among the many bizarre aspects of this blockbuster case, Yee stands accused of taking part in a conspiracy to illegally smuggle firearms into the country, and using those deals to help secure campaign contributions for his current campaign for Secretary of State, while he was sponsoring a trio of gun control bills that were signed into law last year.

Yee, who reportedly faces 16 years in prison for two felony counts of wire fraud and conspiracy to deal firearms without a license and to illegally import firearms, was arrested this morning during a series of early morning police raids, pleaded not guilty at his arraignment this afternoon, and was freed after posting a $500,000 unsecured bond.

Chow had a long criminal history as the admitted head of the Hop Sing gang in SF’s Chinatown, serving prison time. “Chow’s criminal history includes a guilty plea in federal court for racketeering, involving murder for hire, conspiracy to distribute heroin, arson, and conspiracy to collect extensions of credit,” the complaint notes. (You can read the full complaint here.)

Chow publicly claimed to go legit after being released from federal prison in 2006, and he has cultivated many high-profile business and political connections in San Francisco. But the 137-page criminal complaint that was unsealed today alleges that “Chow is currently the Dragonhead, or leader, of the San Francisco-based Chee Kung Tong organization,” which it describerd as a criminal syndicate connected to Hung Mun, a criminal dynasty that began in 17th century China, “also referred to as a Chinese secret society and the Chinese Freemasons.”

It says Chow was sworn in as CKT head in August 2006 after being released from federal prison, soon after the still-unsolved murder of CKT head Allen Ngai Leung. Chow’s swearing-in was reported in local Chinese media sources, so SFPD and FBI conducted surveillance there and launched an investigation.

CKT is allegedly part of Triad, an international Chinese organized crime group with ties to China and Hong Kong, and in San Francisco it is said to be comprised of Chow’s Hop Sing, a street gang with 200-300 members, and the Wah Ching gang headed by George Nieh, who was charged with a variety of crimes today.

“Nieh said he was in charge of the Wah Ching gang and Chow was in charge of the Hop Sing gang. Nieh said they used to be enemies, but banded together instead,” the complaint says, relating what they allegedly told FBI informants who had infiltrated the organization.

The FBI says it began infiltrating CKT five years ago, including an undercover FBI agent dubbed UCE 4599, who in May 2010 was introduced to Chow, who “then introduced UCE 4599 to many of the target subjects.”

Chow allegedly told UCE 4599 that he oversees all of CKT criminal enterprises, but doesn’t actively run them anymore, acting as a arbiter, or as a judge when one CKT member kills another. Nieh allegedly heads the criminal activities division and reports to Chow.

They are accused of laundering money made from “illegal activities, specifically illegal gambling, bookmaking, sports betting, drugs, and outdoor marijuana grows.” They allegedly laundered $2.3 million between March 2011 and December 2013 for UCE 4599, with members collecting a 10 percent fee for doing so.

UCE 4599 told Chow he was a member of La Cosa Nostra, an Italian mob, and in March 2012 he was inducted into CKT as a “Consultant,” the complaint alleges. It says that Jackson — a former San Francisco school board member and political consultant who has worked for Lennar Urban and Singer Associates — had also be inducted into CKT as a “Consultant,” participating in various criminal conspiracies.

The complaint says Jackson “has a long-time relationship with Senator Yee,” and “has been involved in raising funds for” Yee’s run for mayor “and for Senator Yee’s current campaign in the California Secretary of State election.” And much of the complaint details deeds allegedly committed by Jackson and Yee.

In fact, the second person named in the complaint, right after Chow, is Yee, “aka California State Senator Leland Yee, aka Uncle Leland.”

“Senator Yee and Keith Jackson were involved in a scheme to defraud the citizens of California of their rights to honest services, and Senator Yee, [Daly City resident Dr. Wilson] Lim, and Keith Jackson were involved in a conspiracy to traffic firearms,” the complaint alleges.

Yee and Jackson met UCE 4599 through Chow, and then Jackson allegedly solicited him to make donations to Yee’s 2011 San Francisco mayoral campaign “in excess of the $500 individual donation limit. UCE 4599 declined to make any donations to Senator Yee, but introduced Keith Jackson and Senator Yee to a purported business associate, UCE 4773, another undercover FBI agent,” who made a $5,000 donation to Yee’s mayoral campaign.

Yee had $70,000 in debt after that mayor’s race and worked with Jackson on ways to pay off that debt. “This included soliciting UCE 4773 for additional donations and in the course of doing so, Senator Yee and Keith Jackson agreed that Senator Yee would perform certain official acts in exchange for donations from UCE 4773.”

Yee allegedly agreed to “make a telephone call to a manager with the California Department of Public Health in support of a contract under consideration with UCE 4773’s purported client, and would provide an official letter of support for the client, in exchange for a $10,000 donation. Senator Yee made the call on October 18, 2012 and provided the letter on or about January 13, 2013,” and Jackson allegedly took the cash donation from the agent.

Meanwhile, it says Jackson and Yee continued raising money for his Secretary of State race by soliciting donations from UCE 4599 and UCE 4180, another undercover agent. “They agreed that in exchange for donations from UCE 4599 and UCE 4180, Senator Yee would perform certain officials acts requested by UCE 4599 and UCE 4180.”

That included Yee issuing an “official state Senate proclamation honoring the CKT in exchange for a $6,800 campaign donation, the maximum individual donation allowed by law.” Yee allegedly did so, and it was presented by one of his staff members at the CKT anniversary celebration on March 29, 2013.

Yee and Jackson are also accused of introducing a donor to state legislators working on pending medical marijuana legislation, the donor being another undercover agent who claimed to be a medical marijuana businessman from Arizona looking to expand into California, “and in payment for that introduction, UCE 4180 delivered $11,000 cash to Senator Yee and Keith Jackson on June 22, 2013.”

In September, after making another introduction, Yee and Jackson allegedly received another $10,000 cash donation for their services.

In August of last year, in an effort to raise more money, “Jackson told UCE 4599 that Senator Yee, had a contact who deals in arms trafficking.” Jackson then allegedly requested UCE 4599 make another donation “to facilitate a meeting with the arms dealer with the intent of UCE 4599 to purportedly purchase a large number of weapons to be imported through the Port of Newark, New Jersey…Senator Yee discussed certain details of the specific types of weapons UCE 4599 was interested in buying and importing.”

The complaint, a declaration by FBI Agent Emmanuel Pascua, does indicate that both Chow and Yee sometimes tried to declare their legitimacy to the FBI agents.

“It should be noted that throughout this investigation, Chow has made several exculpatory statements about how he strives to become legitimate and no longer participates in criminal activity,” it says.

For example, Chow has been working on book and movie deals about his life, and he would regularly make statements attempting to distance himself from CKT’s alleged criminal activities, as well as building connections in the political world. Chow posed for photos with then-Mayor Gavin Newsom and other local political figures.  

“Chow has also been portrayed in many Chinese newspapers as being involved in community affairs and has been photographed posing with local politicians and other community leaders. For example, in August of 2006, Chow was photographed hold a Certificate of Honor from the San Francisco Board of Supervisors for community service of the CKT,” it reads.

But the complaint also said that Chow continued to make incriminating statements to the undercover agents “confirming his knowledge of and involvement in criminal activity.”

The complaint says that Yee also made many exculpatory statements and expressed discomfort with how openly UCE 4180 discussed overt “pay to play” links between cash donations and official actions.

“Despite complaining about UCE 4180’s tendency to speak frankly and tie payment to performance, and threatening to cut off contact with UCE 4180, Senator Yee and Keith Jackson continued to deal with UCE 4180 and never walked away from quid pro quo requests make by UCE 4180. In fact, Senator Yee provided the introductions sought by UCE 4180 and accepted cash payments which UCE 4180 expressly tied to the making of the introductions.”

Yee’s attorney, Paul DeMeester, told reporters they will contest the charges: “We will always in every case enter not guilty pleas, then the case takes on a life of its own.”

Officials in San Francisco and Sacramento are still reeling from the allegations. “I think the whole city is in shock at the moment,” Board of Supervisors President David Chiu, who represents Chinatown and ran against Yee in the 2011 mayor’s race, told us. “Today’s widespread law enforcement actions are incredibly disturbing. The detail and scale of the criminal activities are shocking.”

California Senate President Darrell Steinberg told reporters today that he has asked for Yee’s resignation and that he plans to introduce a resolution Friday to suspend Yee and two other Democrats chargeed with political corruption, Rod Wright and Ron Calderon.

Sen. Mark Leno (D-SF), who took part in that briefing, told the Guardian, “I’m frustrated and angered on behalf of my constituents that my Senate colleagues and I are there each day to create positive changes and all of these situations are distracting…It reflects badly on a great institution.”

Guardian reporter Joe Rodriguez Fitzgerald, who contributed to this report, has been covering this case from the federal courthouse today, and we’ll have more on this unfolding story in the coming days and the next issue of the Guardian. 

Yee had a reputation for political corruption even before the federal indictment

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Long before Sen. Leland Yee’s surprise arrest and arraignment on federal corruption charges today, Yee already had a reputation for, at best, political pandering and influence peddling; or at worst, corruption, a label for Yee long used in private conversations among figures in the local political establishment.

It was usually assumed to be the kind of low-level, quasi-legal corruption that is endemic to the political system: voting against one’s values and constituent interests in order to curry favor and financial contributions from wealthy special interests. In Yee’s case, his recent voting record seems to indicate that he was cultivating support from landlords and the pharmaceutical, banking, oil, and chemical industries for his current campaign for the Secretary of State’s Office.

But today’s indictment — which is expected to be released at any minute, and which we’ll detail in a separate post — seems to go much further, the culmination of a four-year FBI investigation tying Yee to notorious Chinatown gangster Raymond “Shrimp Boy” Chow, who was also arrested today. They and 24 others arrested in the case today are now being arraigned in federal court.  

The Bay Guardian has covered Yee throughout his 26-year political career, and we wrote a comprehensive profile of this controversial figure when he ran for mayor in 2011. More recently, in September, we wrote about some of his suspicious votes and refusal to offer credible explanations for them to activists he’s worked with before.

After that article, confidential sources contacted us urging us to investigate a series of strange votes Yee had cast in the last year, and we’ve been holding off on publishing that until Yee would sit down to talk to us about them. But each time we scheduled an interview with him, starting in November, he would cancel them at the last minute.

Maybe he was aware of the federal criminal investigation, or perhaps he had just decided that he not longer needed to cooperate with the Guardian as he sought statewide office, but he became increasingly hostile to our inquiries. Last month, when Yee saw San Francisco Media Co. (which owns the Guardian) CEO Todd Vogt having dinner with Board of Supervisors President David Chiu in a local restaurant, Vogt said Yee angrily accused the Guardian of being motivated by an anti-Asian bias in our inquiries and criticism, an incident that Vogt described to us as bizarre.

Guardian calls to staffers in Yee’s office, today and in recent weeks, haven’t been returned.

Yee has been a champion of sunshine (last week, the Society of Professional Journalists NorCal gave him a James Madison Freedom of Information Award for defending the California Public Records Act) and gun control, last year getting three such bills signed into law. SB 755 expands the list of crimes that would disqualify and individual from owning a gun, SB 374 prohibited semiautomatic rifles with detachable magazines, and SB 53 made background checks a requisite step in purchasing ammunition.

But he’s disappointed liberal and progressive constituencies — renters, environmentalists, seniors, students, the LGBT community — in San Francisco and beyond with most of his other votes, some of which ended up killing important legislation.

Yee voted against SB 405, which would have extended San Francisco’s plastic bag ban statewide. He also said no to regulating gasoline price manipulation by voting against SB 441, siding with the Big Oil over his constituents. And then he sided with Big Pharma in voting against SB 809, which would have taxed prescription drugs to help fund a state program designed to reduce their abuse, partially by creating a database to track prescriptions.

In addition to the Pharma-loving, ocean-shunning, oil-chugging votes Yee has cast, he has also turned a cold shoulder towards the elderly (by voting against SB 205, a bill that would make prescription font larger or, as the elderly would like to say, “readable”), the LGBTQ community (by voting against SB 761, which protects employees that use Paid Family Leave), students (by abstaining from a vote on AB 233, which would allow debt collectors to garnish the wages of college students with outstanding student loans), and tenants (by voting against the SB 510, the Mobile Home Park Conversion bill, and SB 603, which protects tenants from greedy landlords).

This year, as San Francisco’s other legislative representatives — Sen. Mark Leno and Assemblymembers Tom Ammiano and Phil Ting — announced efforts to reform the Ellis Act to address the escalating eviction epidemic in San Francisco, Yee has pointedly refused to support or even take a position on the effort.

In 2013, Yee sided with the Republican Party nine times on key votes, earning the scorn of many of his Democratic Party colleagues. Yee even voted for SCR 59, which would have created highway signs honored former Sen. Pete Knight, the late conservative Republican who authored Prop. 22 in 2000, strengthening California’s stand against same-sex marriage at the time.

Since we ran our “The real Leland Yee” article on Aug. 30, 2011, Yee has voted on 88 “key” pieces of legislation, according to the non-partisan, non-profit educational organization Project Vote Smart, and his final recorded vote has been “Yea” 80 times. He has abstained from voting six times, and has voted “Nay” just twice.

One of those votes came in response to a bill that was deemed “unnecessary” by Gov. Jerry Brown, but the other bill, SB 376, would have prohibited the harvesting and sale of shark fins in California.

In 2013, his voting record more closely aligns with Sen. Mark Wyland, a Republican from Carlsbad, than it does with any other Democrat on the Senate, finishing just ahead of Sen. Ron Calderon, the Southern California Democrat who was also indicted by the federal government on corruption charges last month after allegedly accepting bribes from an undercover FBI agent.

Throughout his legislative career, Yee has regularly supported Pacific Gas & Electric’s stranglehold on San Francisco’s energy market and benefitted from the company’s corrupting largesse. None of this may have crossed the line into actual criminal conduct — but for those familiar with Yee and his transactional approach to politics and governance, today’s indictment isn’t a huge surprise. 

San Francisco’s untouchables

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Rebecca@sfbg.com

In one sense, San Francisco’s homeless residents have never been more visible than they are in this moment in the city’s history, marked by rapid construction, accelerated gentrification, and rising income inequality. But being seen doesn’t mean they’re getting the help they need.

Not long ago, Lydia Bransten, who heads security at the St. Anthony’s Foundation on 150 Golden Gate, happened upon a group of teenagers clustered on the street near the entrance of her soup kitchen. They had video cameras, and were filming a homeless man lying on the sidewalk.

“They were putting themselves in the shot,” she said.

Giggling, the kids had decided to cast this unconscious man as a prop in a film, starring them. She told them it was time to leave. Bransten read it as yet another example of widespread dehumanization of the homeless.

“I feel like we’re creating a society of untouchables,” she said. “People are lying on the street, and nobody cares whether they’re dead or breathing.”

Condominium dwellers and other District 6 residents of SoMa and the Tenderloin are constantly bombarding Sup. Jane Kim about homelessness via email — not to express concern about the health or condition of street dwellers, but to vent their deep disgust.

“This encampment has been here almost every night for several weeks running. Each night the structure is more elaborate. Why is it allowed to remain up?” one resident wrote in an email addressed to Kim. “Another man can be found mid block, sprawled across the sidewalk … He should be removed ASAP.”

In a different email, a resident wrote: “The police non-emergency number is on my quick dial because we have to call so often to have homeless camps removed.”

It’s within this fractious context that the city is embarking on the most comprehensive policy discussions to take place on homelessness in a decade.

In 2004, city officials and community advocates released a 10-Year Plan to Abolish Chronic Homelessness. One only needs to walk down the street to understand that this lofty objective ultimately failed; people suffering from mental illness, addiction, and poverty continue to live on the streets.

Most everyone agrees that something should be done. But while some want to see homelessness tackled because they wish undesirable people would vanish from view, others perceive a tragic byproduct of economic inequality and a dismantled social safety net, and believe the main goal should be helping homeless people recover.

“The people living in poverty are a byproduct of the system,” said Karl Robillard, a spokesperson for St. Anthony’s. “We will always have to help the less fortunate. That’s not going to go away. But we’re now blaming those very same people for being in that situation.”

sabrina

Sabrina: “The streets can be mean.”

Guardian photo by Rebecca Bowe

 

HOMELESS MAGNET?

A common framing of San Francisco’s “homeless problem” might be called the magnet theory.

The city has allocated $165 million to homeless services. Over time, it has succeeded in offering 6,355 permanent supportive housing units to the formerly homeless. Nevertheless, the number of homeless people accounted for on the streets has remained stubbornly flat. The city estimates there are about 7,350 homeless people now living in San Francisco.

Since the city has invested so much with such disappointing results, the story goes, there can only be one explanation: Offering robust services has drawn homeless people from elsewhere, like a magnet. By demonstrating kindness, the city has unwittingly converted itself into a Mecca for the homeless, spoiling an otherwise lovely place for all the hardworking, law-abiding citizens who contribute and pay taxes.

That theory was thoroughly debunked in a Board of Supervisors committee hearing on Feb. 5.

“The idea of services as a magnet, … we haven’t seen any empirical data to support that,” noted Peter Connery of Applied Survey Research, a consultant that conducted the city’s most recent homeless count. “The numbers in San Francisco are very consistent with the other communities.”

He went on to address the question on everyone’s mind: Why haven’t the numbers decreased? “Even in this environment where there have obviously been a tremendous number of successes in various departments and programs,” Connery said, “this has been a very tough economic period. Just to stay flat represents a huge success in this environment.”

As former President Bill Clinton’s campaign team used to say: It’s the economy, stupid.

 

LIFE OUTSIDE

For Sabrina, it started with mental health problems and drug addiction. She grew up in Oakland, the daughter of a single mom who worked as a housecleaner.

“Drugs led me the wrong way, and eventually caught up with me,” she explained at the soup kitchen while cradling Lily, her Chihuahua-terrier mix.

“I had nothing, at first. You have to learn to pick things up. Eventually, I got some blankets,” she said. But she was vulnerable. “It can get kind of mean. The streets can be mean — especially to the ladies.”

She found her way to A Woman’s Place, a shelter. Then she completed a five-month drug rehab program and now she has housing at a single room occupancy hotel on Sixth Street.

“You don’t realize how important those places are,” she said, crediting entry into the shelter and the drug-rehab program with her recovery.

Since the 10-year plan went into effect, Coalition on Homelessness Director Jennifer Friedenbach told us, emergency services for homeless people have been dramatically scaled back. Since 2004, “We lost about a third of our shelter beds,” she explained. About half of the city’s drop-in center capacity was also slashed.

“Between 2007 to 2011, we had about $40 million in direct cuts to behavioral health,” she said at the Feb. 5 hearing, seizing on the lack of mental health care, one of the key challenges to reducing homelessness.

“The result of all three of these things, I can’t really put into words. It’s been very dramatically negative. The increase in acuity, impact on health,” she said, “those cannot be overstated.”

The need for shelters is pressing. The city has provided funding for a new shelter for LGBT homeless people and a second one in the Bayview, but it hasn’t kept up with demand. And for those who lack shelter, life is about navigating one dilemma after another, trying to prevent little problems from snowballing into something heinous.

Consider recent skirmishes that have arisen around the criminalization of homelessness. Department of Public Works street cleaning crews have sprayed homeless people trying to rest on Market Street. Sitting or lying on the sidewalk can result in a ticket. There are few public restrooms, but urinating on the street can result in a ticket. There are no showers, but anyone caught washing up in the library bathroom could be banned from the premises. Sleeping in a park overnight is illegal.

“The bad things that happen are when people don’t see homeless people as people,” said Bevan Dufty, the mayor’s point person on homelessness. “That’s the core of it — to be moved away, to be pushed away, citing people, arresting people.”

Friedenbach said the tickets and criminalization can ultimately amount to a barrier to ending homelessness: “You’re homeless, so you get a ticket, so they won’t give you housing, because you wouldn’t pay the ticket. And so, you’re stuck on the streets.”

 

ORDINARY EMERGENCIES

A man slumped over his lunch tray and fell to the floor. Within minutes, a medical crew had arrived on the scene, set up a powder-blue privacy screen, and cleared away a table and chairs to administer emergency care.

Throughout the dining hall, most continued lifting forkfuls of mashed potatoes, broccoli, and shredded meat to their mouths, unfazed. Volunteers clad in aprons continued to set down heaping lunch trays in front of diners who held up laminated food tickets. At St. Anthony’s, where between 2,500 and 3,000 hot meals are served daily to needy San Franciscans, this sort of thing happens all the time.

“A lot of our guests are subject to seizures, for one reason or another,” Robillard told me by way of explanation. Behind him, a pair of medics hovered over the man’s outstretched body, his face invisible behind the screen. “In almost all cases, they’re fine.”

Seizures are just one common ailment plaguing the St. Anthony’s clientele, a mix of homeless people, folks living on the economic margins, and tenants housed in nearby single room occupancy hotels.

Jack, an elderly gentleman with a gray beard and stubs on one hand where fingers used to be, told me he’d spent years in prison, battled a heroin addiction, and sustained his hand injury while serving in the military. He previously held jobs as a rigger and a train operator, and said he became homeless after his mother passed away.

St. Anthony’s staff members mentioned that Jack had recently awoken to being beaten in the head by a random attacker after he’d fallen asleep on the sidewalk near a transit station.

A petite woman with a warm demeanor, who introduced herself as Kookie, said she’d been homeless last August when she faced her own medical emergency. “I was in the street,” she said. “I didn’t know I was having a stroke.”

She’d been spending nights on the sidewalk on Turk Street, curled up in a sleeping bag. When she had the stroke, someone called an ambulance. Her emergency had brought her unwittingly into the system. At first, “They couldn’t find out who I was.”

She said she’d stayed in the hospital for six months. Once she’d regained some strength, care providers connected her with homeless services. Now Kookie stays at a shelter on a night-by-night basis, crossing her fingers she’ll get a 90-day bed. She’s on a wait-list to be placed in supportive housing.

Kookie unzipped a tiny pouch and withdrew her late husband’s driver’s license as she talked about him. Originally from Buffalo, NY, she lived in Richmond while in her early 20s and took the train to San Francisco, where she worked as a bartender. She’s now 60.

“When I was not homeless, I used to see people on the ground, and I never knew I would live like that,” she said. “Now I know how it is.”

kookie

Kookie: “I used to see people on the ground, and I never know I would live like that.”

Guardian photo by Rebecca Bowe

HOUSING, HOUSING, HOUSING

Way back in 2003, DPH issued an in-depth report, firing off a list of policy recommendations to end homelessness in San Francisco once and for all. The product of extensive research, the agency identified the most important policy fix: “Expand housing options.”

“Ultimately, people will continue to be threatened with instability until the supply of affordable housing is adequate, incomes of the poor are sufficient to pay for basic necessities, and disadvantaged people can receive the services they need,” DPH wrote. “Attempts to change the homeless assistance system must take place within the context of larger efforts to help the very poor.”

Fast forward more than a decade, and many who work within the city’s homeless services system echo this refrain. The pervasive lack of access to permanent, affordable housing is the city’s toughest nut to crack, but it doesn’t need to be this way.

At the committee hearing, Friedenbach, who has been working as a homeless advocate for 19 years, spelled out the myriad funding losses that have eviscerated affordable housing programs over time.

“We’ve had really huge losses over the last 10 years in housing,” she said. “We’ve lost construction for senior and disability housing. Section 8 [federal housing vouchers] has been seriously cut away at. We’ve lost federal funding for public housing. There were funding losses in redevelopment.”

A comprehensive analysis by Budget and Legislative Analyst Harvey Rose found the city — with some outside funding help — has spent $81.5 million on permanent supportive housing for the formerly homeless.

That money has placed thousands of people in housing. Nevertheless, a massive unmet need persists.

 

WAITING GAME

Following the hard-hitting economic downturn of 2008 and 2009, San Francisco saw a spike in families becoming homeless for the first time. Although a new Bayview development is expected to bring 70 homeless families indoors, Dufty said 175 homeless families remain on a wait-list for housing.

Yet the wait-list for Housing Authority units has long since been closed. And many public housing units continue to sit vacant, boarded up. Sup. London Breed said at a March 19 committee hearing that fixing those units and opening them to homeless residents should be a priority.

DPH’s Direct Access to Housing program, which provides subsidized housing in SROs and apartments, was also too overwhelmed to accept new enrollees until just recently. Since the applicant pool opened up again in January, 342 homeless people have already signed up in search of units, according to DPH. But only about a third of them will be placed, the results of our public records request showed.

Meanwhile, the city lacks a pathway for moving those initially placed in SROs into more permanent digs, which would free up space for new waves of homeless people brought in off the street.

City officials have conceptualized the need for a “housing ladder” — but if one applies that analogy to San Francisco’s current housing market, it’s a ladder with rungs missing from the very bottom all the way to the very top.

In the last fiscal year, HSA allocated $25 million toward subsidized housing for people enrolled in the SRO master-lease program. “It’s often talked about as supportive housing,” Friedenbach notes. “But supportive housing under a federal definition is affordable, permanent, and supportive.”

In SROs, which are notoriously rundown — sometimes with busted elevators in buildings where residents use canes and wheelchairs to get around — people can fork over 80 percent of their fixed incomes on rent.

“An individual entering our housing system should have an opportunity to move into other different types of housing,” Dufty told the supervisors. “It’s really important that people not feel that they’re stuck.”

Amanda Fried, who works in Dufty’s office, echoed this idea. “Our focus has to be on this ladder,” she told us. “If people move in, then they have options to move on. What happens now is, we build the housing, people move in, and they stay.”

 

START OF THE CYCLE

Homelessness does begin somewhere. For Joseph, a third-generation San Franciscan who grew up in the Mission and once lived in an apartment a block from the Pacific Ocean, the downward spiral began with an Ellis Act eviction.

After losing his place, he stayed with friends and family members, sometimes on the streets, and occasionally using the shelter system (he hated that, telling us, “I felt safer in Vietnam”). He now receives Social Security benefits and lives in an SRO.

Homelessness is often a direct consequence of eviction. Last year, the city allocated an additional $1 million for eviction defense services. Advocates hope to increase this support in the current round of budget talks. The boost in funding yielded measurable results, Friedenbach pointed out, doubling the number of tenants who managed to stave off eviction once they sought legal defense.

There’s also a trend of formerly homeless residents getting evicted from publicly subsidized housing. Since 2009, the Eviction Defense Collaborative has counted 1,128 evictions from housing provided through HSA programs. Since most came from being homeless, they are likely returning to homelessness.

Dufty said more could be done to help people stay housed. “Yes, we’re housing incredibly challenged individuals. And we have to recognize that allowing those individuals to be evicted, without the city using all of our resources to intervene to help that person, that’s not productive,” he said. “It’s debilitating to the person. It’s just not good.”

Fried said the city could do more to provide financial services to people who were newly housed. “You were homeless on the street — you know you didn’t pay some bill for a long time. Really that’s the time, once you’re housed and stable, to say, ‘let’s go back and pull your credit.’ Once we have people in housing, how are we increasing their income?”

Gary

Gary: “If I knew how to fix it, I would.”

Guardian photo by Mike Koozmin

SEARCH FOR SOLUTIONS

The reopening of [freespace], a community space at Sixth and Market temporarily funded by a city-administered grant, attracted a young, hip crowd, including many tech workers. A girl in a short white dress played DJ on her laptop, against a backdrop where people had scrawled their visions for positive improvements in the city. Some of the same organizers are helping to organize HACKtivation for the Homeless, an event that will be held at the tech headquarters of Yammer on March 28. The event will bring together software developers and homeless service providers to talk about how to more effectively address homelessness.

“The approach we’re talking about is working with organizations and helping them build capacity,” organizer Ilana Lipsett told us. The idea is to help providers boost their tech capacity to become more effective. And according to Kyle Stewart of ReAllocate, an organization that is partnering on the initiative, “The hope is that it’s an opportunity to bridge these communities.”

Other out-of-the box ideas have come from City Hall. Sup. Kim, who stayed at a homeless shelter in 2012 during a brief stint as acting mayor, said she was partially struck by how boring that experience was — once a person is locked into a shelter, there is nothing to do, for 12 hours.

She wondered: Why aren’t there services in the shelters? Why isn’t there access to job training, counseling, or medical care in those facilities? Why are the staffers all paid minimum wage, ill-equipped to deal with the stressful scenarios they are routinely placed in? Her office has allocated some discretionary funding to facilitate a yoga program at Next Door shelter, in hopes of providing a restorative activity for clients and staff.

More recently, Sup. Mark Farrell has focused on expanding the Homeless Outreach Team as an attempt to address homelessness. Farrell recently initiated a citywide dialogue on addressing homelessness with a series of intensive hearings on the issue. He proposed a budgetary supplemental of $1.3 million to double the staff of the HOT team, and to add more staff members with medical and psychiatric certification to the mix.

But the debate at the March 19 Budget and Finance Committee hearing grew heated, because Sup. John Avalos wanted to see a more comprehensive plan for addressing homelessness. “I’m interested in people exiting homelessness,” he said. “I’d like there to be a plan that’s more baked that has a sense of where we’re going.”

Farrell was adamant that the vote was not about addressing homelessness in the broader sense, but expanding outreach. “We have to vote on: do we believe, as supervisors, that we need more outreach on our streets to the homeless population or do we not?” he said.

Sup. Scott Wiener defined it as an issue affecting neighborhoods. “When we’re actually looking at what is happening on our streets, it is an emergency right now,” he said. “It’s not enough just to rely on police officers.”

When other members of the board said homeless advocates should be integrated into the solution, Wiener said, “The stakeholders here are not just the organizations that are doing work around homelessness, they are the 830,000 residents of San Francisco … It impacts their neighborhoods every day.”

Asked what she thought about it, Kim told us she believed sending more nurses and mental-health service providers into the city’s streets was a good plan — but she emphasized that it had to be part of a larger effort.

“If you’re just going to increase the HOT team, but not services,” she said, “then you’re just sending people out to harass homeless people.”

 

STILL OUT THERE

Mike is 53, and he’s lived on the streets of San Francisco for five years. He was born in Massachusetts, and his brothers and sisters live in Napa. We encountered him sitting on the sidewalk in the Tenderloin. “I don’t like shelters,” he explained. “I got beat up a couple times, there were arguments.” So he sleeps under a blanket outside. “It’s rough,” he said. “I do it how I can.”

A few blocks away we encountered Gary, who said he’s been homeless in San Francisco for 17 years. He was homeless when he arrived from Los Angeles. He said he’d overdosed “a bunch of times,” he’s gone through detox five times, and he’s been hospitalized time and again. “Call 911, and they’ll take care of you pretty good.”

Gary is an addict. “If I knew how to fix it, I would,” he said. “Do yourself a favor, and lose everything. It’s like acting like you’re blind.”

Gary and Mike, chronically homeless people who have been on the streets for years, are HOT’s target clientele. “My slice of the pie is the sickest, the high-mortality, they’re often the ones that are laid out in the street,” said Maria Martinez, a senior staff member at DPH who started the HOT program.

“I went through years of the 10-Year plan,” she added. “Do I feel like I could take this money [the HOT team supplemental] and do something effective with it? Yes. Do I think there’s a lot of other things that we could address? Yes.”

Pressed on what broader solutions would look like, she said, “There has to be an exit into permanent housing. I’ve seen that we’ve been creative around that. We can make lives better. I say that vehemently. And permanent housing is critical to exiting out of homelessness.”

Mike

Guardian photo by Mike Koozmin

The sordid saga of Airbnb — a $10 billion “outlaw middleman” — continues

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SF-based Airbnb is making news again this week, from the San Francisco Chronicle following up our stories about how landlords are sending eviction notices to tenants who are breaking their leases and local laws in using the short-term rental services to national outlets trumpeting Airbnb’s estimated $10 billion in valuation, which is more than some of the biggest hotel chains.

But nobody seems to be calling out how those two things are connected, except perhaps in ValleyWag’s passing but spot-on reference to the SF-based company as an “outlaw middleman.” That’s a good label for a scofflaw company that is making buckets of money by openly flouting tenant and tax laws in San Francisco, New York City, and other cities around the world.

Meanwhile, as the City Attorney’s Office continues preparing to take legal action against Airbnb, new companies are popping up to make it even easier for residents to illegally monetize their rent-controlled apartments, such as AirEnvy.com, which encourage people to “profit from your home or apartment by renting out unused space through a full service management marketplace.”

The company charges people 18 percent to manage their Airbnb rentals, checking guests in and out, cleaning up, and whatnot. And most of its testimonials are from San Franciscans, such as Rob, who writes, “I used to spend hours managing my Airbnb, exchanging keys with guests, and cleaning. Now, Airenvy does all that for me.”

Breaking local laws against short-term rentals has never been easier! All this infuriates Janan New of the San Francisco Apartment Association, who tells the Guardian that more than 1,100 rent-control apartments are listed on Airbnb at any time, and she’s been working with landlords to identify and evict such tenants.

Yet she denies that many landlords are using Airbnb to get around rent-control laws — such short-term rentals are also usually illegal, even for owners — and told us, “If people are breaking the law on our side, I want to know who it is.”

And as this highly lucrative clusterfuck continues, Board of Supervisors President David Chiu is still mired in his year-long efforts to create a legislative remedy for all of this. But Airbnb seems to be taking its local political problems seriously, this week hiring David Owen — a well-connected former legislative aide to Chiu’s predecessor, Aaron Peskin — away from Platinum Advisors to work on public policy for the company.

Stay tuned, folks, there’s lots more to come on an issue that the Guardian started covering years ago when few were paying attention to how an illegal business model was being used to create a multi-billion-dollar company.   

Uber adjusts insurance policy in wake of fatal collision

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Transportation Network Companies, more commonly known as “rideshares,” have operated in legal limbo regarding their insurance since their creation. This came to a head on New Year’s Eve with the death of six-year-old Sofia Liu, who was killed in a collision with an Uber car driven by a man named Syed Muzzafar. Uber claimed in a blog post that because Muzzafar was not ferrying a passenger at the time, and only using the app to search for fares, that he was not officially covered by their insurance.

That insurance gap left Muzzafar on the hook for the little girl’s death and the injuries of her family, the subject of a lawsuit that could end up seeking some $20 million in damages.

So far, Uber has not provided any compensation to Liu’s family. But it has revised its insurance policy, suggesting future collisions may be covered.

In a blog post, Uber announced that “in order to fully address any ambiguity or uncertainty around insurance coverage for ridesharing services,” it would expand drivers’ insurance “to cover any potential ‘insurance gap’ for accidents that occur while drivers are not providing transportation service for hire but are logged onto the Uber network and available to accept a ride.”

Uber’s new policy will cover up to $100,000 per incident for bodily injuries and $25,000 per incident for property damage. But the blog specifies that the money will not kick in if a driver’s personal insurance covers a collision, as appears to be the case with the New Year’s Eve incident.

In an interview with the San Francisco Chronicle, Uber CEO and co-founder Travis Kalanick said that the Syed Muzzafar’s personal insurance policy had offered to pay the claim, but had not yet followed through.

Uber’s spokesperson Andrew Noyes declined to comment when we asked him about this.

Notably, a coalition of rideshares including Lyft and Sidecar and a handful of insurance companies banded together to develop new insurance policies. The group’s work is ongoing, though the intent looks positive — new insurance policies specific to Transportation Network Companies developed by a coalition of industries would be a great step for driver, passenger and pedestrians alike.

But for now, commercial and personal insurance policies rarely, if ever, cover TNC drivers. And Uber’s new insurance? It’s great, as long as Uber follows through. (Joe Fitzgerald Rodriguez)

Indecisive Democrats let real-estate developers win

By a slim margin, the governing body of the San Francisco Democratic Party voted Wed/12 to oppose a controversial June ballot measure, Proposition B, concerning waterfront height limits.

The initiative would require city officials to get voter approval before approving new building projects that are taller than what’s legally sanctioned under a comprehensive waterfront land-use plan. Prop. B stems from an effort last November, authored by the same proponents, to reverse approval for a luxury waterfront development project called 8 Washington, which exceeded building height limits. In the run-up to that election, the DCCC sided against the 8 Washington developers, and aligned itself with those seeking to strike down the 8 Washington height-limit increase in order to kill the project.

But this time, under the leadership of chair Mary Jung — who is employed as a lobbyist for the San Francisco Association of Realtors — the DCCC came down on the side of powerful real-estate developers.

The vote was surprising to some longtime political observers, given that until recently the DCCC was known as a progressive stronghold in San Francisco politics. Its slate cards are distributed to Democrats throughout San Francisco, and Democrats make up the vast majority of city voters.

In a politically significant outcome, the DCCC’s opposition to Prop. B was decided by a slim 13 to 12 vote. The threshold for it to pass or fail was much lower than usual, because so many DCCC members simply refused to take a stand.

San Francisco Board of Supervisors President David Chiu — who not only opposed 8 Washington but helped gather signatures for the referendum to challenge it — was among those who abstained. Chiu’s decision to abstain sets him apart from Campos, his opponent in the upcoming Assembly race, who voted to endorse Prop. B. Had Chiu voted, Prop. B’s opponents would not have had the votes to get the upper hand.

When reached for comment, Chiu told the Bay Guardian he still hasn’t formed an opinion on the measure, and that he’s waiting on a pending city analysis and the outcome of a lawsuit challenging it.

“There’s been very little analysis and I could take money away from affordable housing and cost the city money fighting a lawsuit,” he said, citing the money that developers would be spending on political campaigns as the potential source of affordable housing money.

“I am open to supporting the measure, as someone who passionate about waterfront development,” he added, citing the lead role he took in opposing the 8 Washington project. (Rebecca Bowe)

 

Local support for national LGBT housing rights

At the Tue/11 Board of Supervisors meeting, Sup. David Campos introduced legislation to encourage large-scale developers to protect the housing rights of the LGBT community.

Same-sex couples nationwide are more likely to experience discrimination in their search for senior housing, a study by the Washington, D.C. based Equal Rights Center found.

To investigate, testers posed as gay or straight couples with otherwise nearly identical credentials, then submitted inquiries on senior housing in 10 different states. They discovered that in 96 out of 200 tests, those posing as lesbian, gay or bisexual residents experienced at least one type of adverse, differential treatment.

Meanwhile, according to the National Center for Transgender Equality, one in five transgender U.S. residents has been refused a home or apartment, and more than one in ten has been evicted, because of their gender identity.

Federal law does not expressly prohibit discrimination based on sexual orientation or gender identity. California law does, as do laws in 19 other states. Given these gaps in legal protection, real-estate providers can adopt their own policies to prohibit LGBT discrimination.

Campos’ proposal would require large-scale developers who wish to build in San Francisco to prove their commitment to equal housing opportunities.

“We want to know whether a developer hoping to build in San Francisco is protecting LGBT housing rights when they own or manage housing in states where legal protections don’t exist,” Campos explained. “By collecting this information, we can highlight best practices and urge those who do not have these policies to do the right thing.”

Democracy for none

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Democracy is dead at City College of San Francisco. At least, that’s what student protesters allege.

At a rally on March 13, over 200 student and faculty protesters marched at City College’s main campus to call for the resignation of state-appointed Special Trustee Robert Agrella. When City College was told it would soon close, the city-elected Board of Trustees was removed from power, and the state gave Agrella the power to make decisions unilaterally.

Agrella is not beholden to board rules, and now makes policy decisions behind closed doors: No public meetings are held and no public comments are solicited.

His decisions have proved controversial. Students are concerned that fast-tracked decision-making and new billing policies will create new barriers for students with few other educational options. But with no public forum to express their outrage, students took to the pavement.

The protesting students were met by police aggression, and in the aftermath of the clash two students were arrested — one was pepper sprayed, and the other suffered a concussion, allegedly at the hands of a San Francisco Police Department officer.

Both SFPD and CCSF police were on hand for the protest.

Controversy is now swirling around Agrella, school administrators, and the students involved. But lost among questions about police violence are larger policy concerns. When will democracy, that critical right to have a say in significant decision-making on campus, return to City College?

Critics say City College is compromising its core mission in its fight to remain open and accredited, slashing access for students and curtailing democracy in the name of reform.

“To be excluded and ignored and disenfranchised is simply unacceptable,” said faculty union president Alisa Messer.

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PEPPER SPRAYED AND INJURED

The protest began as students marched across City College’s main campus in an open space designated by college officials as a “free speech zone.” They headed toward an administrative office building, Conlan Hall, where students freely conduct business every day. However, the administration locked the doors on the protesters.

In response, the students inside unlocked them. When the protesters tried to enter this public building, they were met with resistance from campus police and the SFPD.

Otto Pippenger, 20, who was at the front of the protest, was dragged to the ground by multiple officers and allegedly punched in the head by an SFPD officer, an incident caught on video and recalled in eyewitness accounts.

His mother, Heidi Alletzhauser, told the Bay Guardian that Pippenger had since received medical attention. She said he’d suffered a concussion, contusions from where his head hit the concrete, injuries to both wrists, and broken blood vessels in his right eye.

Dimitrios Philliou, 21, was tackled to the ground and pepper sprayed in the face. In a video interview shortly after the incident, he recalled what happened.

“I asked [officers] what law I broke and neither could give me an explanation. They proceeded to tackle me to the ground,” he said.

In the end, Philliou was charged with misdemeanor “returning to school,” described as trespassing by the Sheriff’s Department. Pippenger was charged with two misdemeanors: resisting arrest and battery on emergency personnel.

The students were released the following morning (March 14), before sunrise. Philliou was issued a citation and released, and Pippenger made bail and was released, according to the San Francisco Sheriff’s Department.

The City College faculty union raised over $1,000 towards Pippenger’s $23,000 bail. He will face arraignment March 19, two days after the Bay Guardian goes to press.

In an emailed statement, City College Chancellor Arthur Q. Tyler described the clash between protesters and police as the fault of the protesters who tried to enter the building.

“I am saddened to see students engaging in violent outbursts,” he wrote.

City College spokesperson Peter Anning said the school regretted the actions of the most violent officers. “There was one police officer with the SFPD, not [City College Police], whose behavior was more forceful than need be,” he said.

Philliou said he just wanted to be heard.

“We just want to have a conversation with Bob Agrella,” he said in a video interview with the college’s newspaper, The Guardsman. “It’d be nice if he would talk to us, like a real human.”

But so far, the students have been met with silence.

 

DEMOCRACY NOW

Agrella does not hold public meetings or take public comment on his decisions, but he posts public agendas in accordance with the California Brown Act. In the past, he’s called these posted agendas “meetings,” and dubbed email feedback as “public comment.”

Messer was critical of the practice. “Apparently these meetings are happening in the special trustee’s head,” she said, “and an email counts as public comment. No one agrees that [email] comment is public.”

In the past, public comment has meant speaking aloud at a meeting in a room where not only could everyone hear you, but every word was broadcast on television and on the web.

City College Board of Trustee public meetings used to be archived online for the world to see. Now only Agrella’s eyes see the concerns of the college community.

Pressed on whether these agendas and emails could count as public meetings, City College spokesperson Larry Kamer said, “I can’t answer that question because you’re getting into matters of legal interpretation. I’m not a lawyer.”

The Board of Trustee’s meetings were not always the most shining examples of democracy, he said.

“When Dr. Agrella was appointed as special trustee with extraordinary powers, it was precisely for the purpose of expediting decision making,” Kamer said. “The idea of expedited decision making and board meetings that go until one or two in the morning are usually incompatible.”

But City College Trustee Rafael Mandelman said some of the tension around the changes at City College could be diffused by letting the public vent, well, in public.

“I’d much rather have people jumping up and down in public comment than having an assault at Conlan Hall,” he said.

At a City Hall hearing held by Sup. David Campos the day after the protest, many students decried a loss of democracy at the school. Campos will soon introduce a resolution to the Board of Supervisors calling for the reinstatement of the City College Board of Trustees.

Students’ concerns about the college, voiced at rallies instead of public forums, have proven as diverse as the students themselves.

 

THE COLLEGE TRANSFORMS

The same day protesters clashed with police at the main campus, Chinese Progressive Association lead activist Emily Ja Ming Lee led a student protest at the college’s Chinatown Campus.

The population there is traditionally older, with fewer English speakers than the general student body.

“We’re worried about the impact on the immigrant communities, the free English as Second Language classes, and vocational training,” Lee told the Guardian. “We partner with City College to run a hospitality training program so immigrant workers can get good jobs. We’re concerned about how City College will serve its immigrant workers.”

That concern has been intensified by a new restrictive billing policy that’s impacting lower income students.

The school has started to require up-front payment for classes, rather than billing students later. The change may shore up the college’s bank account in the short term, but many financially strapped students dropped their classes due to an inability to pay.

Itzel Calvo, a student who is an undocumented citizen, said at the City Hall hearing, “I was not able to enroll in classes this semester unless I paid thousands of dollars in tuition up front, even before the classes started. I can’t afford that.”

The Chinese Progressive Association has also raised concerns about changes to the college’s educational plan.

Over the course of four months, City College will formulate an educational plan to determine which classes deserve funding, and which don’t. This process usually takes a year. But with the accelerated process and lack of outreach, Lee’s worried that English language learners and vocational students will be sidelined.

“Our students don’t fit into a traditional model of what community colleges look like,” she said. “They’re not looking to transfer to a four-year university, necessarily.”

Focusing on transfer students moving from community colleges to four-year universities is part of a state policy known as the Student Success Initiative. In a lawsuit against the Accrediting Commission for Community and Junior Colleges, City Attorney Dennis Herrera alleges that the ACCJC’s agenda of pushing this initiative was the driving force behind trying to close City College.

The college’s students rallied against those changes for years. Yet Agrella is enforcing the Student Success Initiative. “My job is to play within the rules and regulations of the ACCJC,” he told the Guardian in an interview a few months back.

On campus, concern is growing that changes made to appease the ACCJC may disenfranchise City College students in greater numbers. But worst of all, without public meetings or public comment, the college’s students may not get a chance to advocate against those changes before it’s too late.

Democratic party rejects bid to make waterfront development more democratic (UPDATED)

Note: This story has been updated (see below).

The governing body of the San Francisco Democratic Party voted Wed/12 to oppose a controversial June ballot measure concerning waterfront height limits, despite voting last year to support a strikingly similar measure on the November ballot.

By a slim 13-to-12 vote, the Democratic County Central Committee voted to oppose Proposition B, which would require city officials to get voter approval before approving new building projects that are taller than what’s legally sanctioned under a comprehensive waterfront plan.

The vote breakdown was surprising to some because until recently, the DCCC was known as a progressive stronghold in San Francisco politics. Its slate cards are distributed to Democrats throughout San Francisco, and Democrats make up the vast majority of city voters.

Now, under the leadership of a chair who is employed as a lobbyist for the San Francisco Association of Realtors, the DCCC has aligned itself with powerful real-estate developers hoping to build along the city’s waterfront. 

District 8 Sup. Scott Wiener came under scrutiny recently because he called for a formal evaluation on the impact of Prop. B after developers who oppose the measure sent emails urging him to do so. Wiener, who emphasized at the time that he merely sought an “impartial analysis” of the measure, voted against Prop. B.

Also opposing Prop. B were Assmeblymember Phil Ting, Attorney General Kamala Harris, and Bevan Dufty, a former District 8 supervisor who now leads the mayor’s initiatives on homelessness. 

Twelve members voted to endorse the measure, including Sups. John Avalos, David Campos, Eric Mar, and Malia Cohen, as well as California Sen. Mark Leno and Assemblymember Tom Ammiano. 

But the threshold for this vote to pass or fail was much lower than usual, because so many DCCC members simply refused to take a stand one way or the other.

Prop. B comes on the heels of voters’ rejection last November of Props. B and C, dueling initiatives which concerned the fate of a controversial luxury high-rise tower, the 8 Washington project. 

Although that project won Board of Supervisors approval, opponents brought a referendum to the ballot to ask voters to decide whether to uphold or reject a building height increase that went above the established limit.

The rejection of 8 Washington at the ballot was interpreted as a politically significant turning point, because voters flushed a luxury condo tower down the tubes at a time when the housing affordability crisis was getting into full swing. Soon after that victory, 8 Washington opponents returned to file paperwork for a new referendum on the ballot, to require voter approval for all waterfront height-limit increases.

San Francisco Board of Supervisors President David Chiu – who not only opposed 8 Washington but helped gather signatures for the referendum to challenge it – did not take a position on the waterfront height limit measure. Chiu’s decision to abstain sets him apart from Campos, his opponent in the upcoming Assembly race. Had Chiu voted to endorse Prop. B, its opponents would not have had the votes to get the upper hand.

UPDATE: Chiu said he still hasn’t formed an opinion on the measure, and that he’s waiting on a pending city analysis and the outcome of a lawsuit challenging it. 

“There’s been very little analysis and it could take money away from affordable housing and cost the city money fighting a lawsuit,” he said, citing the money that developers would be spending on political campaigns as the potential source of affordable housing money. 

“I am open to supporting the measure, as someone who passionate about waterfront development,” he added, citing the lead role he took in opposing the 8 Washington project. (End of update.)

Others who abstained (or did so by proxy) included Alix Rosenthal (who is working as a consultant on the waterfront Warriors arena project), Sen. Dianne Feinstein, Rep. Jackie Speier, and Rep. Nancy Pelosi. California Sen. Leland Yee – whose representative at the meeting, John Rizzo, reportedly did not show up to cast Yee’s vote – was reportedly also planning to abstain.

Jon Golinger, who is leading the Prop. B campaign to require voter approval for waterfront height-limit increases, said he wasn’t terribly concerned about the DCCC vote, since early polling was favorable to his campaign. But he found it telling that the same cast of characters who had opposed 8 Washington were now voting to oppose a measure that would have extended voters’ will on 8 Washington to all waterfront development proposals.

“The key difference,” between Prop. B and last November’s 8 Washington vote, he told the Bay Guardian, “is that there are more big money interests that have something to lose here.”

SF bans water bottles

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San Francisco continues to lead the way in the nation’s environmental policy, with the Board of Supervisors on March 4 voting unanimously to bar the city from buying plastic water bottles and to ban distribution of plastic water bottles smaller than 21 ounces on city property starting Oct. 1. The ban excludes city marathons and other sporting events.

"We all know with climate change, and the importance of combating climate change, San Francisco has been leading the way to fight for our environment," Board President David Chiu, who authored the legislation, said at the hearing. "That’s why I ask you to support this ordinance to reduce and discourage single-use, single-serving plastic water bottles in San Francisco."

Chiu held up a water bottle at the board meeting, a quarter of the way full with oil, to illustrate how much oil is used in the production and transport of plastic water bottles. He also reminded San Franciscans that the current fad of buying bottled water only started in the 1990s when the bottled water industry mounted a huge ad campaign that got Americans buying bottled water.

Somehow, Chiu noted, "for centuries, everybody managed to stay hydrated." (Francisco Alvarado)

Mass action against Keystone XL

Nine environmental activists were arrested in San Francisco for marching through the financial district and entering One Spear Tower on March 3, the building that houses local offices of the State Department, to express opposition to the proposed Keystone XL pipeline.

A day earlier, a mass protest against the oil pipeline was staged outside the White House in Washington, D.C. Roughly 200 protesters were arrested after using plastic zip ties to lock themselves to the White House fence.

Meanwhile, thousands more have made a vow — at least in the sense of clicking to add their name to a petition — to engage in peaceful civil disobedience if President Barack Obama grants ultimate approval for the oil infrastructure project, which would transport 830,000 barrels of crude oil from Canada to the Gulf Coast.

Nonprofit Credo Action has created an online petition urging people to get ready to respond with peaceful civil disobedience if the pipeline wins final approval. (Rebecca Bowe)

City weighs lawsuit over Airbnb

The San Francisco City Attorney’s Office is finally preparing to take action against the illegal short-term housing rentals facilitated by Airbnb, something we’ve been hearing that the Examiner also reported on March 6 ("SF landlords could face legal fight over rentals on Airbnb, other services"), an action that would address the company’s apparent stall tactics.

Despite a business model that violates a variety of San Francisco laws — most notably zoning, planning, and tenant regulations — and Airbnb’s flagrant flouting of a two-year-old city ruling that it should be collecting and paying the city’s transient occupancy tax (see "Into thin air," Aug. 6), the City has appeared unwilling or unable to enforce its laws or address these issues.

"We’re aware of multiple housing allegations, including some that community leaders have brought to us," City Attorney’s Office spokesperson Matt Dorsey told the Guardian, confirming that the office is considering taking legal action to enforce local laws governing short-term housing rentals but refusing to provide details.

Board of Supervisors President David Chiu took on the problem over a year ago, working with the company and its critics to develop compromise legislation that would legalize and tax the activities of Airbnb and its hosts, but the multi-layered legal and logistical challenges in doing so have so far proven too much for the otherwise effective legislator.

"My staff has held meetings with Planning staff and its enforcement team to discuss enforcement and related challenges. We’ve also been in touch with the City Attorney’s Office on these issues," Chiu told the Guardian, saying he and his staff have recently been focused on other tenants and secondary unit legislation, but they "plan to refocus on our shareable housing efforts soon." (Steven T. Jones)

Blaming pedestrians

ABC7 News Investigative Team’s new "investigative report" on pedestrian safety stirred controversy last week as street safety advocates called out the video for its insensitivity towards pedestrian deaths and lax attitude towards unsafe drivers.

Streetsblog SF and others in San Francisco said the report engaged in "victim blaming."

ABC7’s pedestrian safety coverage comes on the heels of a number of high-profile traffic collision deaths, including that of 6-year-old Sofia Liu, killed on New Year’s Eve. Since then, the Walk First program to create safer streets has garnered more attention, culminating in Mayor Ed Lee’s announcement today to partially fund safety improvements to the city’s most dangerous intersections, to the tune of $17 million — improvements that languished due to funding gaps since the program was announced in April.

But making all the needed improvements though would cost $240 million, according to city estimates, and that funding has yet to be identified. Suffice to say, the traffic enforcement debate still rages in San Francisco, with emphasis on the word ‘rage.’

"We’ve seen ‘blame the pedestrians’ from police and in the media," Leah Shahum, executive director of the San Francisco Bike Coalition, said at a pedestrian safety hearing in January. Police Chief Greg Suhr that night apologized for his officers’ lax enforcement of drivers, and focus on pedestrians, and pledged to change policies to focus on drivers going forward.

It’s too bad ABC 7’s I-Team didn’t get that memo.

"In San Francisco, simply stepping off the curb can be deadly," ABC reporter Dan Noyes narrates in their video report. The word ‘deadly’ is capped off with a Hollywood-style musical flourish, like a horror movie moments before the big scare.

"Pedestrians are making mistakes over and over again," Noyes narrates. The video cuts to pedestrian after pedestrian looking at cell phones, jaywalking, or otherwise engaging in unsafe behavior. It’s fair to say the piece, headlined "I-Team investigates what’s causing pedestrian deaths," places responsibility of pedestrian safety squarely on the shoulders of pedestrians. (Joe Fitzgerald Rodriguez)

High-speed challenges

The California High Speed rail project has been facing resistance that threatens to derail the project. Not only has public support for the $68 billion project wavered in recent years, now the project faces a legal battle that could delay the project before the first rail is laid.

On March 4, Sacramento County Superior Court Judge Michael Kenny ruled that a lawsuit brought on by King County can go to trial. The lawsuit raises questions about the legality of using 2008’s voter-approved Prop 1A funding, $9.95 billion worth of bonds, to upgrade and electrify Caltrain’s tracks and incorporate them into the high speed system.
Another concern was that the proposed high-speed system would not be able to pull through with its promise of a 2 hour 40 minute nonstop ride from downtown San Francisco to Los Angeles’ Union Station if the high speed system had to share tracks with Caltrain.

The lawsuit also threatens to leave San Francisco’s new $4.5 billion Transbay Terminal without its planned underground high speed rail station, which could be disastrous for that project as well.

None of this seems to faze Rod Diridon, executive director of the Mineta Transportation Institute based out of San Jose State University and former founding board member of the California High-Speed Rail Authority Board. He told the Guardian: "I think that [the project] will happen now. I think that our wonderful governor and our legislative leaders are going make it happen now…. If it was delayed it would only be a matter of time before it came back." (Francisco Alvarado)

Soda tax is social justice issue

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Eric.L.Mar@sfgov.org, John.Avalos@sfgov.orgtom@tomammiano.com

OPINION

We are fighting for a soda tax because public health leaders have sounded the alarm that sugary drinks are a serious threat to our public health. Now is the time to get the word out about the latest facts that tell the story.

Our work on the issue began when community leaders and medical experts started educating us on the impact of sugary drinks. The resulting legislation that we crafted along with four other members of the Board of Supervisors will not only slow soda consumption, but it will fund the anti-hunger and physical activity programs we dearly need.

Most folks know soda is bad for you, but not how bad. Many are also unaware that Big Soda is specifically targeting communities of color and children. Our task is to spread the word about the health disparities this creates.

The lack of healthy food choices is an injustice that is hitting communities of color the hardest. Fully three-fourths of adult Latinos and African Americans in San Francisco are obese or overweight and one in three Americans will soon be diabetic, including one in two Latinos and African Americans.

The disparities are geographic as well. The highest rates of diabetes hospitalizations and emergency room visits are among residents of the Bayview, Tenderloin, SoMa, and Treasure Island. Close behind are the Excelsior and Visitacion Valley. These are also the neighborhoods that lack access to healthy food and are among those consuming the most soda.

We are already paying the high price of soda consumption. San Franciscans spend at the very least $50-60 million a year in health care costs and sick days due to obesity and diabetes attributable to sugary drinks. The fact that sugary drinks are the biggest single source of added sugar in our diets sets it apart from other unhealthy foods.

The revenue generated has tight controls and must be used to mitigate the harm Big Soda causes. Steered by an independent committee and targeted to communities suffering the most from health inequities, the tax will bolster funding for everything from school meals, healthy food retailer incentives, physical education, and other deserving programs.

Big Soda has hired high-priced lobbying firms and public relations folks who are employing a small army of young people, deploying them into the Bayview, the Mission, and Chinatown — those communities most impacted by diabetes and soda consumption. They’ve set up a front group — San Franciscans for an Affordable City — to capitalize on the anger in SF about the cost of housing and living.

But think about it: Have Big Soda companies helped us in our fight for affordable housing? Are they fighting for a living wage for communities of color in San Francisco? They have never cared about an affordable city. They care about protecting their profits, period.

We need affordable housing, healthy foods, and physical activity — issues we are working on every single day. On the other hand, our communities need affordable soda as much as we need cheap cigarettes and booze. It only makes us sick.

There are things our communities are doing to promote good health, like transforming corner stores into healthy retailers, building community gardens, and expanding physical and nutrition education. The soda tax as it is written now can provide these programs and dramatically improve our communities’ health.

This isn’t a ban but a reasonable first step to decrease soda consumption. This is a research-proven way of getting people to use less of an unhealthy product — it worked with cigarettes and it worked with alcohol. Finally, the tax will fund a range of great programs that will actually provide healthy choices for everyone.

It’s time we make the healthy choice the easy choice for low-income communities and all San Franciscans.

John Avalos represents District 11 (Outer Mission, Excelsior) and Eric Mar represents District 1 (the Richmond District) on the San Francisco Board of Supervisors, Tom Ammiano represents Assembly Dist. 17 (eastern San Francisco) in the California legislature.

 

Glimmers of sunshine

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rebecca@sfbg.com

For 29 years, San Francisco Bay Area journalists have gathered in mid-March — around the birthday of founding father and free-press advocate James Madison — to recognize reporters, attorneys, citizens, and others who fight to shake or keep information free.

The act of standing up to defend the principle of freedom of information can be rather unglamorous, sometimes leading to grueling lawsuits. It’s grown even more complicated with the rise of the Internet, the decline of traditional newspapers, and the dawn of an Information Age that delivers instantaneous material that is at once more slippery and abundant than ever.

And yet, the digital realm has opened up a whole new battlefield in the fight for open access to relevant information the public needs to know. This year, the Northern California chapter of the Society of Professional Journalists’ Freedom of Information Committee took the rare step of granting a posthumous Public Service James Madison Award to Internet activist Aaron Swartz.

As a leader in the digital rights movement, Swartz, who died at the age of 26 by taking his own life, was on the forefront of a movement that fought to uphold open access to information in the face of a corporate power grab that threatened to result in online censorship.

The fight against SOPA (the Stop Online Piracy Act) and PIPA (the Protect Intellectual Property Act) in early 2012 marked just one of Swartz’s accomplishments as he fought for free and open access to information. Among his other contributions was RECAP, an online listing of court materials that allowed free access to documents held in the federal, paywall-protected court filing system called PACER.

To commemorate Swartz’s work, the Bay Guardian presents in this issue an illustrated history of his activism. While recipients of James Madison Awards have typically been individuals who took on government bureaucracies to wrest information out of the shadows and into the public eye, Swartz’s battle revolved around freeing information that is locked up by private interests, or protected by copyright.

“We need to take information, wherever it is stored, make our copies and share them with the world,” he wrote in a 2008 essay titled “Guerilla Open Access Manifesto.” “We need to take stuff that’s out of copyright and add it to the archive. We need to buy secret databases and put them on the Web. We need to download scientific journals and upload them to file sharing networks.”

But first, here are a few updates on the fight for open access to information in San Francisco and beyond.

 

NO SHINING EXAMPLE

In 1999, San Francisco voters enacted a law to strengthen citizens’ access to government records and public meetings. To ensure that the open-access law was properly upheld, it also created a local body called the Sunshine Ordinance Task Force.

At each meeting, San Franciscans frustrated by their inability to get the information they sought from city bureaucracies appear before the board to air their grievances, in the hopes that the decisions to withhold documents will be reversed. Typically, citizens lodge around 100 complaints per year, according to task force clerk Victor Young.

But the Sunshine Ordinance Task Force has not been going at full speed for some time now. There’s a backlog of 62 cases, in part because the body could not legally meet for five months in 2012 because it did not have a member who was physically disabled, in accordance with the law establishing criteria for who can serve. (The previous member to meet the criteria, Bruce Wolfe, was denied reappointment. In an op-ed published in political blog Fog City Journal, task force member Rick Knee links this and the Board of Supervisors’ general foot-dragging on Sunshine with a political skirmish dating back to 2011, when the task force found the Board of Supervisors to be in violation of the Sunshine Ordinance.)

There have been two vacant seats on the task force for around two years, as well as two holdover members whose terms have technically expired. Applicants have sought out those seats, but the Board of Supervisors Rules Committee hasn’t gotten around to appointing new members; the most recent appointment was made in October of 2012, according to Alisa Miller, Rules Committee clerk.

Come April 27, meanwhile, all of the current task force members’ terms will expire. Miller said she expects the Board of Supervisors to revisit nominations before the end of April. There are a grand total of 10 applications for all 11 seats. Given all of this, plus a lawsuit revolving around the city’s refusal disclose how the City Attorney’s Office advises agencies on Sunshine Ordinance interpretations, San Francisco is going through some dark days for open government.

 

NAVIGATING FOIA

Anyone who’s ever tried to request public documents from government officials under the Freedom of Information Act knows that it feels more like a bureaucratic nightmare than a federal right. But a new project from the Center for Investigative Reporting is hoping to streamline the entire process into a (relatively) painless procedure.

FOIA Machine (foiamachine.org) is a website to request public documents at the federal, state, or local level, and is described by its creators as the “TurboTax for government records.”

“We wanted to make the FOIA experience better for journalists,” said Shane Shifflett, a data reporter at The Huffington Post who helped build the tool. “We built up a prototype and applied for grants. Then we put it on Kickstarter and it went crazy. That gave us a lot of confidence to see it through to the end.”

On Kickstarter, FOIA Machine raised over $53,000 from more than 2,000 backers, more than triple its goal.

FOIA Machine allows registered users to prepare requests, search a database of contacts, track the status of a request, and work with a community of fellow users.

Shifflett considers the community aspect to be the site’s strongest feature. “It’s crowdsourcing, so as people create requests, they can add contacts into the database. Now there will be a history of who worked with who, and it makes the process of figuring out where to send requests so much simpler.”

The site is still in development, and users who try to register promptly receive an email asking them to “stay tuned” for information in the coming weeks and months. Shifflett said that the group hopes for FOIA Machine to be up and running by June.

 

LEAK US YOUR DOCUMENTS

From time to time, sources have told us at the Bay Guardian that they would love to share sensitive information for news articles, but fear they would be retaliated against or even terminated from employment if they were to do so.

We have found a way around that.

Sources who wish to retain their anonymity while sharing information they believe the public has a right to know now have the option of using an encrypted submission system to anonymously send documents to our news team.

Created by Bay Area technologists in partnership with the San Francisco Bay Guardian, BayLeaks uses the latest cryptography software to protect the identities of our sources. This is a secure, anonymous way for concerned citizens to communicate with journalists to release information.

Our system uses SecureDrop, a whistleblowing platform managed by the Freedom of the Press Foundation, and Tor, an online anonymity network that has gained the trust of Internet users around the world.

To learn more, visit sfbg.com/bayleaks-intro

 

MONEY IN POLITICS

It’s not really a secret that big money has a colossal influence on politics, but the groups and individuals that write those hefty checks to lawmakers often prefer to stay secret themselves. And while political donations aren’t illegal, most voters would like to know exactly who is funding a piece of legislation or a political campaign, and where that money is coming from.

Fortunately for us in California, we already have a resource to easily find that information.

“There’s a collective influence of money in our political system,” said Pamela Behrsin, spokesperson for MapLight, a nonpartisan research organization based in Berkeley that tracks the influence of money in politics. “Our founders said, ‘Look at all this money, and how this legislator voted on this bill. Do you think the money had any influence on how the legislator voted?'”

Through the website, users can also search by bill or proposition to find, for example, that big companies such as Philip Morris spent nearly $48 million to defeat Prop. 29, a proposed cigarette tax in California, on the June 2012 ballot. Supporters of the tax, such as the American Cancer Society and Lance Armstrong Foundation, could only muster a quarter of that amount.

“There’s a whole breadth of people wanting to understand the problem of money and politics,” Behrsin said. “This is one of the largest issues in our democracy right now. People are starting to stand up and say unless we get money out of our system, it’s going to be that much more difficult to fix.”

Housing round-up: LGBT tenants, a singing protest, and a very sad mural

At today’s (Tue/11) Board of Supervisors meeting, Sup. David Campos is introducing legislation to encourage large-scale developers to protect the housing rights of the LGBT community.

Same-sex couples nationwide are more likely to experience discrimination in their search for senior housing, a study by the Washington, D.C. based Equal Rights Center found.

To investigate, testers posed as gay or straight couples with otherwise nearly identical credentials, then submitted inquiries on senior housing in 10 different states. They discovered that in 96 out of 200 tests, those posing as lesbian, gay or bisexual residents experienced at least one type of adverse, differential treatment.

Meanwhile, according to the National Center for Transgender Equality, one in five transgender U.S. residents has been refused a home or apartment, and more than one in ten has been evicted, because of their gender identity.

Federal law does not expressly prohibit discrimination based on sexual orientation or gender identity. California law does, as do laws in 19 other states. Given these gaps in legal protection, real-estate providers can adopt their own policies to prohibit LGBT discrimination.

Campos’ proposal would require large-scale developers who wish to build in San Francisco to prove their commitment to equal housing opportunities.

“We want to know whether a developer hoping to build in San Francisco is protecting LGBT housing rights when they own or manage housing in states where legal protections don’t exist,” Campos explained. “By collecting this information, we can highlight best practices and urge those who do not have these policies to do the right thing.”

Under the legislation, developers would indicate whether they have national policies prohibiting LGBT discrimination. The Human Rights Commission would compile those policies and present it annually to the Board of Supervisors.

Elsewhere on the housing front, POOR Magazine founder Lisa Gray-Garcia (aka “Tiny”) led a group of anti-eviction activists into City Hall this morning, where they broke into song to call attention to the eviction of a family from a public-housing unit in the Fillmore neighborhood. They linked the eviction with a broader trend of African American out-migration from San Francisco, and sang spirituals.

Gray-Garcia reported that the group, which she estimates at roughly 30 people, encountered resistance from the Sheriff’s deputies who provide security in City Hall. “They said we were an unlawful assembly because we were singing,” she said. So the protesters proceeded upstairs, whispering, to stand outside Mayor Ed Lee’s office. Then they broke into song again, she said.

“We’re talking about a family about to be evicted tomorrow, that’s how serious this is,” Gray-Garcia told us. She said she’d spoken to someone from the mayor’s office, Carl Nicita, who “to his credit, he listened to us and he said ‘I’m going to tell the mayor.’” (We’re working on finding out more about the eviction and how the city will respond.) 

As a final housing-related tidbit, head over to the Mission to check out the new Clarion Alley “Wall of Shame” mural, featuring a list of what the artists perceive to be the root forces of gentrification (Both Google buses and corporate giveaways to tech companies made the list).

Inscribed on some tombstones near the bottom: “So long San Francisco, As We Knew It. (Historic Counter-Culture & All.)”

On the flip side, the artists also included a list of solutions.

Bryan Augustus contributed to this report.

Uber didn’t have the decency to offer personal condolences to Sofia Liu’s family

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In the wake of a young girl’s death in a traffic collision New Year’s Eve, allegations of improper insurance coverage and safety practices swirled Uber into the center of controversy — but the company has yet to take a step back to offer personal condolences to the family of the girl who died that night. 

Christopher Dolan, the attorney for the family of Sofia Liu, told the Guardian at a City Hall hearing on rideshare companies that Uber has yet to offer condolences directly to the Liu family. 

The hearing on rideshares (known legally in California as Transportation Network Companies) at the Board of Supervisors Neighborhood Services and Safety Committee yesterday [Thu/6] centered on the insurance and business effects of Uber on taxi services. 

Sups. David Campos, Eric Mar, and Norman Yee grilled San Francisco Municipal Transportation Agency Taxi Director Christiane Hayashi and California Public Utilities Commission Director of Policy and Planning Marzia Zafar on questions sparked by Sofia Liu’s death.

Should Uber have provided insurance coverage for the driver, Syed Muzzafar, when he allegedly killed Sofia Liu and injured her family? Is it just an app, or is Uber a transportation provider like any other cab company? 

These are questions courts and regulatory bodies will decide over the course of the next year or so. But there’s one question that only Uber can answer: Why hasn’t it offered personal condolences to the family yet?

We sent Uber an email with a number of questions, and they answered every single one except for our question about offering condolences to the family. Dolan said that’s the same response they’ve given the Liu family — silence.

A video interview with Christopher Dolan, attorney for the Liu family.

“They said, ‘jeez our hearts go out to them but we’re not responsible,’” he told us. We asked him if Uber made a phone call to the Liu family, met with them in person, or offered condolences personally in any way. “Absolutely not. Basically their message is ‘it’s too bad,’ but its not their problem. They’ve done no outreach to the family.”

The family’s suffering was deep. In an interview with ABC7 news reporter Carolyn Tyler, Liu’s mother, Huan Kuang, said “I feel very sorry for her. I cannot save her life. The driver kill her.” 

Kuang and her son Anthony were injured in the collision as well..

Perhaps there are legal reasons preventing Uber from offering its condolences directly to the family, though this sounds unlikely as Uber did post a blog directly after the incident saying, “Our hearts go out to the family and victims of the tragic accident that occurred in downtown San Francisco on New Year’s Eve. We extend our deepest condolences.”

But were these condolences extended to the family, or just the Internet? After the death of your daughter, would a blog post really cut it? We’re not buying it. Uber CEO Travis Kalanick sat down for a video interview with the Wall Street Journal only six days after Sofia Liu’s death to talk about surge pricing. If he can take the time to sit down with the Wall Street Journal , he can take the time to personally offer his condolences to a family who lost its daughter in an accident that it alleges his company caused. It’s been two months since Liu died.

Legality of the whole business aside, it’s the human thing to do. 

ABC 7 videointerview with Sofia Liu’s mother.

Update: Four hours after Uber’s initial email reply to our inquiry for this story, and an hour after the story was posted, Uber spokesperson Andrew Noyes sent us this statement: “We have privately extended our personal condolences to the Liu family.” When asked how and when they were made, in order to verify his claim, he sent an email in reply declining to provide us that information. We again asked Noyes about how and when condolences were given, hoping to use the information to verify with the Liu family through their attorney. Uber again declined to provide information as to the time, date or method of offering their condolences. 

SF votes to ban plastic water bottles on city property

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San Francisco continues to lead the way in the nation’s environmental policy, with the Board of Supervisors today [Tues/4] voting unanimously to bar the city from buying plastic water bottles and to ban distribution of plastic water bottles smaller than 21 ounces on city property starting Oct. 1. The ban excludes city marathons and other sporting events.

“We all know with climate change, and the importance of combating climate change, San Francisco has been leading the way to fight for our environment,” Board President David Chiu, who authored the legislation, said at the hearing. “That’s why I ask you to support this ordinance to reduce and discourage single-use, single-serving plastic water bottles in San Francisco.”

Chiu held up a water bottle at the board meeting, a quarter of the way full with oil, to illustrate how much oil is used in the production and transport of plastic water bottles. He also reminded San Franciscans that the current fad of buying bottled water only started in the 1990s when the bottled water industry mounted a huge ad campaign that got Americans buying bottled water.

Somehow, Chiu noted, “for centuries, everybody managed to stay hydrated.”  

Proponents say they hope the ban will put a dent in the nearly 60 million water bottles Americans use daily and decrease the amount of plastics that take up room in the oceans and landfills.

“We applaud Supervisor Chiu and San Francisco’s leadership in the movement to think outside the bottle,” said Katherine Sawyer, Campaign Organizer of Think Outside the Bottle at Corporate Accountability International, which took part in a taste test event comparing SF tap water to bottled water before the hearing. “By taking this step, San Francisco continues to be a pioneer, paving the way for cities, states, and national parks across the country to follow suit and buck the bottle. Not only does this measure eliminate wasteful spending on such an eco-unfriendly product, but it also opens doors to increased investment in the most essential of municipal services—water.”

The ban will return to the board next week for a final vote, after which it will head to Mayor Ed Lee for his signature. 

Bogus chain store study ignores small biz benefits

10

OPINION

Earlier this month, San Francisco’s Office of Economic Analysis waded into the debate over whether the city should beef up its policy restricting the spread of chain stores. In a new study, the OEA concludes that the city’s regulations are harming the local economy and that adding additional restrictions would only do more damage. But this sweeping conclusion, hailed by proponents of formula retail, rests on a deeply flawed analysis. The study is riddled with data problems so significant as to nullify its conclusions.

San Francisco is the only city of any significant size where “formula” businesses, defined as retail stores or restaurants that have 10 or more outlets, must obtain a special permit to locate in a neighborhood business district. The law’s impact, in one sense at least, is readily apparent: Independent businesses account for about two-thirds of the retail square footage and market share in San Francisco, compared to only about one-quarter nationally. Although chains have been gaining ground in San Francisco, the city far outstrips New York, Chicago, and other major cities in the sheer numbers of homegrown grocers, bookstores, hardware stores, and other unique businesses that line its streets.

San Francisco’s policy has gaps, however, which have prompted a slew of recent proposals to amend the law. Members of the Board of Supervisors have proposed a variety of changes, such as extending the policy to cover more commercial districts (it only applies in neighborhood business districts) and broadening the definition of what counts as a formula business.

The OEA presents its study as an injection of hard economic data into this policy debate. There are three pieces to its analysis. Let’s take each in turn.

First, the OEA reports that chains provide more jobs than independent retailers do. It presents U.S. Census data showing that retailers with fewer than 10 outlets employ 3.2 workers per $1 million in sales, while chains (10 or more outlets) employ 4.3 people.

One major problem with this statistic is that the OEA includes car dealerships. Retail studies generally exclude the auto sector, because car dealers differ in fundamental ways from other retailers and car sales account for such a large chunk of consumer spending that they can skew one’s results. The OEA’s analysis is a classic example of this. Because the vast majority of car dealerships are independently owned and employ relatively few people per $1 million in sales, by including them, the OEA drags down the employment figure for local retailers overall.

If you take out car dealers, which are not subject to San Francisco’s formula business policy anyway, and also remove “non-store” retailers, a category that includes enterprises like heating oil dealers and mail order houses, a different picture emerges. Retailers with fewer than 10 outlets employ 5.3 people per $1 million in sales, compared to only 4.5 for those with 10 or more locations.

The actual difference is even a bit more than this, because chains handle their own distribution, employing people to work in warehouses, while independents typically rely on other businesses for this. And, of course, a portion of the jobs chain stores create are not local jobs; they are housed back at corporate headquarters. The OEA fails to mention either of these fairly obvious caveats.

The superior ability of non-formula businesses to create jobs is notably evident across many of the categories that generate most of the city’s formula business applications, including clothing, grocery, and casual dining. The only exception is drugstores, a category in which chains appear to be supporting more jobs. But even this may not be a true exception, since most independent pharmacies focus almost exclusively on medicine, while chain drugstores are hybrid convenience stores, employing people to ring up sales of cigarettes and greeting cards.

The second and third pieces of the OEA’s analysis are linked together. The study concedes that, compared to chains, independents circulate more of their revenue in the local area, creating additional economic activity and jobs. But, it contends, prices at chains are 17 percent lower; enough, according to the OEA’s math, to outweigh the economic benefits of this recirculation.

On the lighter side of this seesaw calculation sits the OEA’s estimate of how much money local retailers circulate in the city’s economy. This estimate is notably smaller than what other studies have found. When I asked Dan Houston, a principal with Civic Economics, why his firm’s studies show that independent businesses have a bigger impact, he pointed to two areas where his firm’s figures differ from the OEA’s. One is labor.

“We’re finding that local wages and operating income [at independent businesses] are much bigger, closer to 25 percent [of expenses] rather than the 15 percent the OEA finds,” said Houston.

The other is spending on inventory. Civic Economics has found that independent retailers and restaurants source some of their goods locally, whereas the OEA assumes that all of this spending leaves the area.

Sitting on the heavier side of the OEA’s seesaw is its conclusion that chains charge lower prices. As definitive as its 17 percent figure sounds and as pivotal as it is to the study’s math, it is a highly questionable number. It’s based on a limited sampling of prices in which large swaths of the retail sector, including apparel stores and restaurants, were excluded.

“I just hate to see a statistic like that being used when it is so limited in what was being measured,” said Matt Cunningham, another principal at Civic Economics.

It only takes a slight adjustment of these wobbly figures to produce the opposite conclusion: that formula businesses do more economic harm than good. All one has to do to tip the OEA’s seesaw in the other direction is to assume a slightly larger recirculation of revenue on the part of independents and a slightly lower price advantage on the part of chains. (Just dropping the price difference to 14 percent will do it.)

Perhaps the worst aspect of the OEA’s study is that it seems to float in space, untethered to what’s actually happening on the ground. Many of the chains that are clamoring to open in the city’s neighborhoods are high-end retailers whose products carry a price premium. Their arrival typically drives up commercial rents, making it harder for businesses that sell basic low-margin goods to survive.

Nor does the OEA attempt to situate its analysis in the context of several peer-reviewed studies that don’t just model the potential impacts of corporate consolidation, but actually track them. In a study published in Economic Development Quarterly, for example, economists Stephan Goetz and David Fleming report that counties that have a larger share of their economy in the hands of locally owned businesses have experienced higher median household income growth than places dominated by large corporations.

The OEA’s study will not be the city’s only analytical look at its formula business policy. The Planning Department has commissioned its own study, preliminary findings of which were released this week. Among other useful statistics, the draft notes that most formula business applications are approved and fully one-quarter of the retail space in the city’s neighborhoods is now occupied by chains, which suggests the permitting process is not as unfriendly to formula businesses as the law’s opponents contend.

Still, this figure is much smaller than in San Francisco’s more centralized commercial districts, which are not covered by the policy. Here, the chains’ share of the available square footage stands at 53 percent and growing.

___

Stacy Mitchell is a senior researcher at the Institute for Local Self-Reliance and author of Big-Box Swindle: The True Cost of Mega-Retailers and the Fight for America’s Independent Businesses.

 

Alerts: March 5 – 11, 2014

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WEDNESDAY 5

Debate: Supervisors Campos and Chiu Run for Assembly Potrero Hill Neighborhood House, 953 De Haro, SF. www.phdemclub.org. 7:30pm, free. Potrero Hill Democratic Club presents what promises to be a lively debate between two members of the Board of Supervisors running to succeed Tom Ammiano in the State Assembly, District 17: David Campos and David Chiu. The two Davids, both Harvard-educated attorneys, agree on a lot — but the debates are a forum where their differences can be brought into sharp focus. Which David do you want to represent you in Sacramento?

 

THURSDAY 6

 

Trans in the Tenderloin since the 1960s The GLBT Historical Society, 4127 18th St., SF. www.glbthistory.org. 7-9pm, $5 general admission, $3 for students. Hear about San Francisco’s transgender Tenderloin history, from the era when “screaming queens” acted up at the 1966 Compton’s Cafeteria Riot to today. Stories will be shared by four individuals with decades of firsthand experience in the neighborhood: a former sex worker, an ex-hair fairy and veteran transwoman activists. Moderated by GLBT History Museum curator Don Romesburg, this roundtable will feature Tamara Ching, Felicia Elizondo, Ronnie Lynn and Veronika Fimbres.

 

Where has all the water gone? Berkeley Fellowship of Unitarian Universalists’ Hall, 1924 Bonita, Berk. www.transitionberkeley.com. 7pm, $5-$10 suggested donation. Join Transition Berkeley will host this evening of film and conversation about water. Watch part of “Last Call at the Oasis,” and join in on a discussion about solutions. Speakers will include Matt Freiberg of the Berkeley Climate Action Coalition as well as experienced gardeners and homeowners who have mastered water conservation techniques.

 

SATURDAY 8

Protest Against The Nudity Ban Jane Warner Plaza, Market and Castro, SF. www.mynakedtruth.tv. 12pm, free. Please join us for another protest against the nudity ban on International Women’s Day. We will be focusing on women’s rights to body freedom and lack thereof. Please join us naked, dressed, or top-free. It is legal for women to be top-free in San Francisco.

 

TUESDAY 11

Day of Action: Third Anniversary of Fukushima Meltdowns Japanese Consulate, 50 Fremont, SF. nonukesaction.wordpress.com. 3-4:30pm, free. Three years ago, an earthquake and tsunami ravaged Japan. The after effects are still felt today, as radiation from the Fukushima nuclear plant continues to threaten lives. We are taking to the streets to demand action against the Tokyo Electric Power Company, which has been bungling the remediation efforts. Join for an assembly of short speeches and delivery of a letter to the Consul, then march to Union Square to rally in support of Japan.

Muni fare shakedown

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Update: Just a day after the release of this article, advocacy group POWER announced that Google pledged to pay for Free Muni For Youth for two years. “This validates both the success and necessity of the Free Muni for Youth program,”said Bob Allen, leader in the FreeMuni for Youth coalition, in a press release. “We need tech companies in San Francisco and throughout the region to work with the community to support more community-driven solutions to the displacement crisis.” 

The funding though is promised only for two years, and when that timeframe is up the question will still remain — will Muni’s operating budget pay for something Mayor Ed Lee could find funding for elsewhere? Additionally, Google hasn’t announced funding for free Muni for seniors or the disabled, another program up for consideration in the San Francisco Municipal Transportation Agency’s new budget. That may change if and when it is approved by the SFMTA for the next budget year. 

“I think it’s a positive step in the right direction,” Superivsor David Campos, the sponsor of Free Muni For Youth, told us. “But there are still questions about what it means in terms of the long term future of the program. It’s only a two year gift.” 

“We have asked for a meeting with Google and the mayor’s office and the coalition to talk about long term plans, to find out more information about what this means.” 

There’s a tie that binds all Muni riders. From the well-heeled Marina dwellers who ride the 45 Union to Bayview denizens who board the T-Third Sunnydale line, we’ve all heard the same words broadcast during sleepy morning commutes.

“Please pay your fare share.”

The play on words (also seen on Muni enforcement signage) would be cute if it didn’t perfectly represent how Muni riders may now be stiffed. A slew of new budget ideas hit the San Francisco Municipal Transportation Agency Board of Directors last week (Feb. 18), and who will pay for it all is an open question.

The first blow to riders is a proposed single-ride fare hike from the current $2 to $2.25.

Other proposals include expanding the Free Muni for Youth program, rolling out a new program offering free Muni for seniors and the disabled, and a fare hike to $6 for the historic F streetcar.

The odorous price jumps (and costly but promising giveaways) are moving forward against a backdrop of a Muni surplus of $22 million, which the board has until April to decide how to use, and a controversial decision by Mayor Ed Lee to make a U-turn on charging for parking on Sundays.

The meter decision would deprive Muni of millions of dollars.

“We’re not proposing anything here, just presenting what we can do,” SFMTA Director Ed Reiskin told the SFMTA board at City Hall last week.

There’s still time to change the SFMTA board’s mind on the proposals between now and final approval of the budget in April. But who will end up paying for a better Muni?

 

FARE HIKES NOT FOUGHT

In 2010, the SFMTA instituted a policy to raise Muni fares along with inflation and a number of other economic factors, essentially putting them on autopilot. The SFMTA board still has to approve the fee hikes, which may rise across the board.

fares One-time fares may jump to $2.25. Muni’s monthly passes would see an increase by $2 next year and more the following year. The “M” monthly pass will be $70 and the “A” pass (which allows Muni riders to ride BART inside San Francisco) will be $81.

Muni needs the money, Reiskin said.

“To not have (fares) escalate as fuel and health care costs increase, you can’t just leave one chunk of your revenues flat,” he told the Guardian. Muni’s operating budget will expand from $864 million this year to $958 million in 2016. “Salary and benefit growth is the biggest driver of that,” Reiskin said.

Mario Tanev, spokesperson for the San Francisco Transit Riders Union, said the hike was expected.

“We’re not necessarily against the inflation increase,” he said. “But though the parking fines SFMTA levies are inflation adjusted, other rates (against drivers) are not. There are many things in our society that disincentivize transit and incentivize driving.”

Drivers enjoy heavy subsidies to their lifestyle on the federal, state, and local levels, from parking lot construction, the cost of gasoline, and now it seems, renewed free Sunday parking meters. The new fare increases are hitting transit riders just as the mayor is poised to yank funding from Muni to put in the pockets of drivers.

 

PLAYING POLITICS

When the paid Sunday meter pilot began in early 2013, it was a rare flip in a city that often treats Muni like a piggy bank: money was floated from drivers and dropped onto the laps of transit.

A report from SFMTA issued December 2013 hailed it as a success for drivers as well: Finding parking spaces in commercial areas on Sundays became 15 percent easier, the study found, and the time an average driver spent circling for a space decreased by minutes.

Even some in the business community call it a success, since a higher parking turnover translates to more customers shopping.

Jim Lazarus, senior vice president of public policy at the Chamber of Commerce, is a supporter of the paid Sunday meters. “You can drive into merchant areas now where you couldn’t before,” he told us.

Eliminating Sunday meter fees would punch a $9.6 million hole in Muni’s budget next year, by SFMTA’s account.

The timing couldn’t be worse. On the flip side the Free Muni for Youth program, which targets low-income youth in San Francisco, may expand next year at an estimated cost of about $3.6 million, and a program to offer free Muni for the elderly and disabled would cost between $4 and $6 million — close to the same the same amount that would be lost by the meter giveback.

 

BOOSTING SAN FRANCISCO FAMILIES

“As an 18-year-old in high school it was a struggle to get to school, it was a struggle to find 75 cents or two dollars to get home,” Tina Sataraka, 19, told the SFMTA board last week. As a Balboa High School student, Sataraka had a 30-minute commute from the Bayview. She’s not alone.

A study by the San Francisco Budget & Legislative Analyst’s office found that 31,000 youth who faced similar financial hurdles had signed up for the Free Muni for Youth pilot program, a resounding success in a city where the youth population is dwindling. Authored by Sup. David Campos, the program may redefine “youth” to include 18-year-olds, who are often still in high school.

But initial grant funding for the program has dried up, so now Muni will foot the bill.

Not one to say “I told you so,” Sup. Scott Wiener said there were reasons for objecting to the program a year ago.

“My biggest, fundamental objection to the program was less that they were giving free fares to kids, and more that they were taking it out of Muni’s operating budget,” Wiener told us. “They need to find a way to pay for it, perhaps from the General Fund, and not just taking the easy and lazy way out.”

The Budget & Legislative Analyst recommended several options for alternative funding: special taxes on private shuttle buses (Google buses), or an increased vehicle license fee specially earmarked for the youth bus program. So far, Mayor Ed Lee hasn’t shown an interest.

“There haven’t been discussions of having the Board of Supervisors fund free Muni for youth,” Reiskin told us. The same goes for the mayor. And though Reiskin was cautious and political about the possibility of Sunday meters becoming free again, he didn’t sound happy about it.

“As for what’s behind [the mayor’s] call for free Sunday parking, that didn’t come from us,” Reiskin told us. “That came from him.”

 

NOVEMBER RISKS

Mayor Lee’s office didn’t answer our emails, but politicos, including Wiener and Chronicle bromance Matier and Ross, indicated the mayor may be reversing on Sunday parking meters to appease the driving voter electorate.

There are two measures up on the November ballot, and one is aimed right at drivers’ wallets.

The two measures, a $1 billion vehicle license fee hike, and a $500 million transportation bond, are both aimed at shoring up the SFMTA’s capital budget. An October poll paid for by the mayor showed 44 percent of San Franciscans in favor of a vehicle fee hike, and 50 percent against, according to the San Francisco Chronicle.

Reiskin said the loss of those two ballot measures would be crippling to Muni’s future.

“The improvements we’re trying to make to make Muni more reliable, more attractive, those won’t happen. This is our funding source for that,” he said.

The mayor is busy smoothing the potholes towards the bonds’ success in the November election, but it seems he’s willing to pile costs onto Muni and its riders to do it.

Correction 2/26: An editing error led to the erroneous calculation of Free Muni For Youth at near $9 million. Free Muni For Youth is only estimated to cost the SFMTA $3.6 million. It is the combination of Free Muni For Youth and free Muni for the disabled and elderly that equal about $9 million.