condos

Crunch time

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sarah@sfbg.com

The proposal by city officials and Lennar Corp. to build more than 10,000 new housing units at Hunters Point Shipyard/Candlestick Point is entering a critical phase, particularly for Bayview-Hunters Point residents who want greater oversight and scrutiny of the project.

Candidates are lining up to replace termed-out District 10 Sup. Sophie Maxwell next year; the project’s draft environmental impact report will be released, considered for approval and potentially challenged; and Lennar officials will seek to get the final development agreement with the city signed before Mayor Gavin Newsom leaves office in 2011, or earlier.

The 770-acre redevelopment plan, which the Mayor’s Office is touting as a shining example of a public-private partnership, has come under repeated attack from community advocates after Lennar’s failures to monitor and control toxic asbestos dust at the shipyard. The crash of the housing market and plunge in the company’s stock price also triggered concerns about the project.

And in light of the U.S. Navy’s recent decision to dissolve the Hunters Point Shipyard Restoration Advisory Board (RAB), the community is concerned that decisions about radiologically-affected dumps and the shipyard’s early transfer from the Navy to the city could occur without important public oversight.

Another aspect of the project — a proposal to build condos on 42 acres of Candlestick Point State Recreation Area — was criticized by the Sierra Club, Arc Ecology, and Friends of Candlestick Park. Lennar argued it was necessary for the project to pencil out and this sale of state land was to be authorized by Senate Bill 792, sponsored by Sen. Mark Leno.

In August, Leno secured the neutrality of the environmental groups and the support of the California Assembly (but not Assembly Member Tom Ammiano, the lone dissenting vote) for an amended version of his bill, arguing that selling 23 acres for $50 million would spare the rest of Candlestick Point SRA from being closed by budget cuts. The legislation now awaits Gov. Arnold Schwarzenegger’s signature.

Now, with the project’s EIR due to be released Sept. 28, people have the chance to register concerns about plans for such a massive development project, which includes condos on the Bayview’s only major park and a controversial bridge over Yosemite Slough.

On Sept. 15, community members packed the Board of Supervisors’ meeting to demand an investigation into their concerns, which also include the apparent inability of Newsom’s African American Out Migration task force to issue its overdue final report about the ongoing exodus of the city’s black population, which this project could exacerbate.

Sup. John Avalos told us he is now gathering information on the issue and hopes to schedule Land Use Committee hearings on the shipyard cleanup and Lennar’s economic health. "The documentation gives real strength and power to the community’s contentions," Avalos said.

He also noted that Maxwell is scheduling a hearing into the dissolution of the RAB, while Sup. Ross Mirkarimi is resurrecting legislation that seeks to put the San Francisco Redevelopment Authority under the control of the Board of Supervisors.

Arc Ecology director Saul Bloom said his group will study the project’s EIR to see if it accurately assesses the effects of Lennar’s development.

"We are concerned about the impact of truck traffic, the bridge over Yosemite Slough, and whether the transportation plan is going to effectively put the Bayview between three freeways," Bloom said. "But we’re going to be even-handed. If the EIR does a good job, we plan to say so."

Jaron Browne of the Bayview advocacy group POWER (People Organized to Win Employment Rights) told the Guardian that her group wants the shipyard cleaned up and the community respected.

"This is not just a Bayview issue," Browne said. "The whole city will be affected by the decisions that take place in terms of the future of affordable housing and environmental protection."

Invasion of the bedbugs

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news@sfbg.com

Editor’s Note: The writer has penned this story under a pseudonym because of concerns about social stigma and backlash from his landlord, as he discusses below.

More than three weeks had passed since our hike through Yosemite, so my girlfriend and I were starting to worry that the festering egg-shaped welts appearing daily on her arms, legs, and stomach weren’t just a late reaction to mountain mosquitoes. We’d rationalized the problem away until now, but when a bump appeared on her face, we decided to get professional help.

"It doesn’t make sense," my girlfriend told her dermatologist. "It can’t be spiders or fleas because I sleep with my boyfriend and he’s not getting bit. Maybe I’m allergic to my new detergent?"

"Nope," the doctor said. "You’ve got bedbugs."

Then he took some pictures of her wounds "to document the epidemic," wrote out a prescription for an anti-itch medicine, and sent her home to deal with the diagnosis, adding that she shouldn’t freak out because bedbugs don’t transmit diseases. They just make your life miserable, causing rashes, sleeplessness, paranoia, and embarrassment — which is why they’re considered a health risk on par with roaches, scabies, and lice.

But how exactly were we supposed to deal with this? Neither of us had ever even seen a bedbug, and we’d never heard of anyone getting bit. We really didn’t even believe in them. I mean, we’d both heard the old "good night, sleep tight, don’t let the bedbugs bite" rhyme, but we thought it was about ticks or maybe some fantastical little boogiemen, not actual bugs that live in or near your bed. That’s because, like most San Franciscans the age of 70, my girlfriend and I had grown up in a mostly bedbug-free world. But that’s over now.

Bedbugs are back and they’re eating San Francisco alive, sticking their blood-hungry proboscises in transient gutter punks, international travelers, homeless people, doctors, lawyers, and yes … maybe even you. They’re crawling around in our walls as we speak, scuttling from basket to basket in Laundromats, and camping out on buses and trains, waiting for new victims.

But where did they come from? And why are they here now, creeping out residents of civilized American cities that include Cincinnati, New York, and, most recently, San Francisco, where the Department of Public Health has received 307 complaints this year alone — a figure that’s soon to surpass last year’s total count of 327, according to DPH special operations manager Dr. Johnson Ojo.

Well, there are plenty of theories, but the truth is that nobody knows for sure. What we do know is that bedbugs are here and they are hungry. And, by the look of things, they’re not going anywhere soon. As travelers, tenants, homeowners, and landlords, our first mode of action against the epidemic is to learn how to deal. We’ve got to know how to prevent infestations, understand our rights when they occur, and finally come to grips with what it means to live in an infested city.

Of course, to do all of this, it helps to know a thing or two about the nasty fuckers.

WHAT ARE BEDBUGS?


Bedbugs are parasitic insects that feed on the blood of sleeping humans. One of the reasons you’re probably not familiar with them, the reason you might think they’re a myth or some dead epidemic from the Dark Ages when nobody washed, is that bedbugs were virtually annihilated from the western world by about 1960.

"Exterminators back then were quite fond of an insecticide called DDT," explained Luis Agurto Jr., president of a local integrated pest management company called Pestec. The chemical was great because it killed every bug in sight. Unfortunately, the virulent toxin wreaked havoc on the environment, killing most bald eagles and a wide variety of plant and animal life, as well as causing cancer and birth defects in humans. Rachel Carson’s landmark book exposing DDT, Silent Spring (Houghton Mifflin, 1962), helped launch the modern environmental movement. Most uses of the chemical were later banned in the U.S. and other countries, even though it meant finding new ways to keep our bugs under control.

Less toxic sprays were developed after DDT was banned in the U.S. in 1972. They worked on roaches and other pests, but what exterminators didn’t know at that time was that the new chemicals weren’t doing much to the bedbug diaspora that was still thriving in remote parts of America and the world. And these little bastards were nothing to mess with.

"These critters had been hammered so hard that, by the 1980s, they were growing impervious to any insecticide on the market," said Michael Potter, an entomology professor at The University of Kentucky and former national technical director for Orkin. "But nobody really noticed because most of these bugs were far away."

In addition to rural parts of the United States, bedbugs could still be found in Eastern Europe, Southeast Asia, and Africa. But Potter rejects the theory that increased travel and immigration are entirely to blame for the global resurgence, as some scientists speculate. "It’s not like we just started flying 10 years ago," he said.

Potter concedes that population movement has a lot to do with the issue, but said that blaming travelers and immigrants ignores certain facts and doesn’t quite explain why bedbugs are coming back in such large numbers. The truth is that bedbugs never really went away. Pockets of extremely resistant survivor cells simply laid low until their offspring could flourish once again. It didn’t take long for that to happen.

"The thing about chemicals is that they only work for a given amount of time," Agurto said. "Everything develops a tolerance after a while." No matter. The commercial use of carbamates and other organophosphates, the classes of insecticides that replaced DDT, were soon restricted in the U.S. after they, too, exhibited nasty environmental side-effects.

After that, pest control managers were forced to switch to pyrethroid-based insecticides — which a bedbug could go swimming in, Potter said — and preventive measures like steam-cleaning, vacuuming, and bait. These methods targeted cockroaches and other pests, but they essentially allowed bedbugs to thrive in a chemical-free paradise. This was in the early 1990s and, according to Potter and Agurto, it’s probably no coincidence that the first major infestations in American cities came to light soon after. By the end of the century, a few years after DDT was restricted to malaria zones worldwide, bedbugs were becoming a problem in the eastern United States. By 2001, they had become a hot news topic in cities in America and around the world.

The bedbug resurgence in New York City has been covered extensively by The New York Times, starting in 2001 with an article about hotels and hostels titled "Bedbugs; Sleeping with the Enemy." Subsequent reports tracked the spread of infestations through homeless shelters, SROs, and eventually into condos, apartments, and houses. But the tiny vampires aren’t stopping there.

Bedbugs, once thought of as a byproduct of poverty, are moving up in the world. "We’re seeing them now in upscale condos and private residencies in the best neighborhoods in town," Agurto said. "Places where people never imagined they’d have to deal with this kind of thing." But that’s not where the infestations stop either, not in New York and probably not here.

They’ve even infiltrated the headquarters of large corporations. One of the latest infestations of this sort, at the Penguin Group in Manhattan, made headlines recently when employees of the publishing company were sent home while the building underwent treatment. The same thing happened at Fox News’ Manhattan office in March of last year, and again this month at Bill Clinton’s offices in Harlem.

Spokespersons for these three entities claim to have things under control. But the question is, does treating the building really solve anything? What about the employees? And, in the case of Penguin, what about all those books? Aren’t they infected too? It would certainly seem so. But perhaps you’re also wondering why, if the epidemic is getting so out of hand, you still haven’t encountered a problem. Well, the truth is, the bedbugs might be closer to you than you think.

INVISIBLE INVADERS


There are dozens of reasons why you might not have noticed the resurgence, but probably the biggest is that it’s embarrassing: people don’t want to discuss the issue because it’s gross. But this line of thinking works against us, and if we ever want to learn how to handle the situation, we’ve got to come to terms with the fact that bedbugs have nothing to do with social class or cleanliness.

That’s something my girlfriend hasn’t quite been able to come to grips with, which is why I’m writing under a pseudonym. She hasn’t told anyone but her mother and she can’t stand the idea of bosses, friends, and potential employers Googling her name or mine and somehow finding this story. Yet I’ve come to realize, while researching this issue, that there’s really no reason to be ashamed.

"This is really the first time in human history where people — all people — aren’t constantly on the lookout for bedbugs," Potter said. "And our first course of action is to get reacquainted." That’s not as easy as it sounds. But here are some tips.

First, you should get rid of the idea that bedbugs are microscopic. They’re not. When bedbugs are born, they look like milky-white flax seeds, but after the first feeding they grow to the size of chili flakes and develop a similar hue. Full-grown bedbugs are about the length of a Tic-Tac. They’re brown and flat and they have six legs — something like a two-dimensional, oval-shaped tick with stripes.

Second, don’t underestimate the cunning nature of bloodsucking insects. Bedbugs may not be able to communicate with one another or build intricate nests, but evolution has blessed the species with one sinister adaptive trait: near-invisibility. Bedbugs are masters of disguise. They live in tiny crevices in hard-to-find places — box springs, mattresses, baseboards, etc. — and usually only come out when people are sleeping. But nocturnal dining habits and the ability to hide aren’t the only tools in a bedbug’s arsenal.

The real reason we can sleep soundly while hordes of insects wriggle through our undergarments and suck our blood is that these particular insects are equipped with anesthetic. Simply put, bedbug bites do not hurt. What’s even worse is that, unless you happen to be allergic to the numbing agent found in bedbug saliva, there’s not going to be any evidence in the morning either.

That’s why I thought my girlfriend was either completely insane or perhaps the victim of some unknown skin disorder, even after she got back from the doctor. I just couldn’t understand how a colony of insects could repeatedly bite one person and not even touch the other as he slept inches away. My girlfriend still had her doubts as well, but for lack of any other plausible answer, we decided to look deeper into the issue. This is when things got nasty and when I learned that many people (about half the population, according to various sources) do not react to bedbug bites at all.

After reading everything we could about bedbugs, watching horrendous videos of elderly people swatting insects off their bodies, and perusing vomit-inducing pictures of telltale bedbug signs — smeared blood, fecal stains, and carcass buildups — we did a thorough search of our bedroom and found a cluster between the carpet and the baseboard behind our bed. Now the question was: what to do next? It’s what everyone asks when they encounter an infestation. And sometimes, it’s hard to answer.

DEALING WITH THEM


"Many of the people who come into our office with bedbug issues are afraid of retaliation," said Ted Gullicksen, head of the San Francisco Tenants Union. "They don’t want to tell their landlords because they don’t want to lose their apartments or get fined."

But in most cases, they’re wrong. City health codes specify that rental properties be free of "any public nuisance," a category that includes bedbugs. Because my girlfriend and I didn’t know that at the time, we worried that we’d somehow be blamed for the infestation.

When we found our nest, we did what most tenants fearing eviction and/or more bills would do. We tried to handle the problem on our own, turning to family and the Internet for advice. Folk remedies soon poured in and we tried them all. We threw out excess clothing, sprayed our bedroom with cedar oil, steam-cleaned our carpet, and then sprinkled diatomaceous earth, an organic powder that kills insects, into every nook and cranny we could find. Then we started sleeping on the couch to wait for the bugs in our bedroom to die. But after four days, the unthinkable happened: more bites.

Potter said it’s a common problem because bedbugs respond to store-bought pesticides by scattering into walls, often showing up a few days later in other rooms or units. "What’s worse," Potter added, "is that there’s nothing saying they can’t be reintroduced even after you’ve invested in professional treatment. And, depending on the size of the problem, that can cost more than $10,000." Indeed, the only method of eradication that most pest control companies, including Pestec, guarantee these days is heat treatment, which necessitates the use of expensive technology and requires multiple follow-ups to ensure success. Plus, it’s not cheap.

When my girlfriend and I realized that our problem wasn’t going to magically disappear, we looked into the cost of treatment and freaked out. We were prepared to pay a couple hundred bucks, but the quotes we got were crazy — thousands of dollars for two rooms. We’re not broke, but forking out that kind of money would hobble us. And besides, by then we were getting scared. What if our landlord found out we’d had bugs for weeks? Could our decision to go it alone be used against us? Could it be grounds for eviction?

We didn’t want to find out and, at that point, we didn’t understand how difficult bedbug eradication could be. So we decided to repeat home treatment and simply hoped for the best. The result? It seems to have worked. My girlfriend has been bite-free for over a month and we haven’t seen a bedbug since July.

But now I’m wondering if we just dug ourselves a deeper hole. I mean, up until about two weeks ago when I started doing heavy research for this article, we thought we were in the clear. That’s why we never reported the problem (which is another reason I decided to write this under a pseudonym). But now that I’m painfully aware of how resilient these fuckers are, I’m wondering if we made the right choice. Still, the thought of coming out with this now fills me with dread. Despite what the Tenant’s Union says, I just can’t imagine getting out of this without some sort of fine. And even if money isn’t an issue, I don’t want to get on my landlord’s bad side. But what now? Should we just move? And what about the tenants who follow us?

It’s probably not the most responsible choice, but this line of thinking is common among first time bedbug sufferers — something my girlfriend and I learned on Yelp.com’s local message boards. Despite all the coverage the bedbug resurgence has gotten in recent years, people on Yelp (a.k.a. everybody you know) seem to be in the dark when it comes to tenants’ rights and responsibilities, with many posters opting for temporary solutions to avoid the possibility of financial penalties.

The most revealing post to date comes from a Yelper named JU who got bedbugs in early August and decided to handle matters on his own. "I know I’m moving out in four months … I’m just trying to make it more livable until then," he wrote. Which raises the question: what about landlords? If a tenant neglects to blow the whistle on a blossoming infestation, can the property manager or building owner charge that tenant for treatment? Can JU be held responsible if his bugs move into neighboring units? Were my girlfriend and I right to think we might get evicted or fined for negligence? Maybe.

"The bedbug issue is complicated and it really boils down to cooperation," said Janna New, director of San Francisco Apartment Association. "If the problem is eradicated and then reoccurs due to a tenant’s negligence or refusal to abandon risky behavior, then the cost of remediation could be negotiable. And evictions could occur."

New says she hasn’t heard of anyone getting evicted for harboring bedbugs, but adds that it’s important for tenants to report infestations immediately because if they ignore the problem, their entire building could quickly become infested. "It’s like the flu," she said. "If you get sick, you talk to your doctor. You should do the same thing with your landlord. Teamwork is the only way to get rid of bedbugs."

That’s something I wish I knew a couple months ago and something Tiffinnie McEntire, a 43 year-old acupuncturist, intuited when she noticed bugs in her Cathedral Hill apartment in 2006. Rather than waste time with store-bought insecticides, she immediately called her landlord, who responded by sending an exterminator. When that didn’t work, he sent anotherm and another, until McEntire and the rest of his tenants felt safe. "It was a pain in the butt," McEntire said. "But in the end, we were all happy."

That’s how an infestation should be solved, and that’s probably how it’ll go down if you report one as soon as you notice it. Both the Tenant’s Union and the Apartment Association agree that the burden of eradication usually falls on the landlords. So if you find bugs, your best mode of action is to report the problem as soon as possible. And if you happen to be an apartment or hotel owner, you should do frequent checks and respond to reports immediately. It might cost thousands of dollars, but it could save you from a lawsuit or prolonged infestation.

THE FINAL STAGE: ACCEPTANCE


So what does it mean to live in an infested city, in an infested nation and world? Well, for one, it means that we all have some lifestyle changes to make. For Njon Weinroth, an out-of-work software salesman whose 14th floor condo has been infested for six months, that has meant staying away from friends and developing an amicable relationship with the little monsters. People without bedbugs can obviously skip this step, but Weinroth can’t afford professional treatment at the moment and feels like he has no other choice.

"I do what I can to control them, but I still kill at least two a night," he said. "When I squish ’em, my blood comes out. It’s gross and that’s really been the hardest part — overcoming the stigma." And that’s something everyone — my girlfriend and I included — need to do if we ever hope to get this problem under control. We have to accept that the only thing bedbugs care about is blood and that they will suck it from a bum as quickly as a movie star (just ask actress Mary Louise Parker from "Weeds," who recently had a bedbug scare in her home). Other than that, specialists recommend being wary of buying used clothing and furniture and avoiding clutter.

With that out of the way, we need to start talking about the problem so that first time bedbug sufferers like my girlfriend and I won’t feel so helpless and ashamed when their bodies and beds become infested and, more important, so they will report bedbug activity before it gets out of hand.

Last, we have to come to grips with how rampant this epidemic is. "I don’t want to be the one tooting the horn saying it’s doomsday and that bed bugs are falling from the sky," Agurto said. "But I can’t think of a person alive who doesn’t know someone — or at least know of someone — who has had a problem." But don’t take it from him alone. If you really want nightmares, take a look the Bedbug Registry (www.bedbugregistry.com).

Started in 2006 by a computer programmer living in San Francisco, the Bedbug Registry is an anonymous record of bedbug activity across North America. It has maps tracking the spread of infestations and a search engine that allows you to see how close the creatures are crawling toward your house, hotel, or workplace (36 reports within two miles of Guardian headquarters — yikes!).

Maciej Ceglowski got the idea for the service when he found bumps on his body and dying bugs in the coffeepot at a San Francisco motel. "I reported the problem and got a resigned shrug from the front desk," Ceglowski said. Then he researched the issue and realized that because it’s so hard to get rid of bedbugs, it would not be in a hotel owner or landlord’s interest to publicize an infestation. "I started the site because I thought it would be a good way to fight back against bedbugs."

But is that even possible? With bedbug activity steadily rising in all corners of the world, a simple solution seems doubtful. Which raises another question: how soon before we all have bedbugs?

"Well, that’s hard to answer," Potter said. "But there’s absolutely no reason to think that our problem is going to get better or go away. We’re in for a real struggle with this critter."
Great. What the hell am I supposed to do now? Under normal circumstances, I would have stopped worrying about these bloodsuckers after a week of not seeing them in my apartment. But now that I’ve done all this research, my girlfriend and I are faced with another tough decision: do we tell our landlord or do we just hope our last home treatment actually worked?
We’re still thinking about it.

Environmental review, Inc.

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rebeccab@sfbg.com

Michael Cohen, director of San Francisco’s Office of Economic and Workforce Development, called us from the back of a taxi on a recent Thursday afternoon and complained that he was feeling "perplexed" by all the negative attention aimed at a plan his office helped design.

Perplexed? Maybe — but the concept of having a private consultant take over some planning work during the environmental review of major development projects was never going to happen without a fight.

No sooner had Cohen, OEWD Development Advisor Michael Yarne, and Planning Department Director John Rahaim publicly floated the idea than it was roundly criticized by a host of opponents who called it a danger to public jobs and an invitation for conflict-of-interest nightmares.

The controversy was triggered by a draft request for qualifications (RFQ), released jointly by OEWD and the Planning Department, to hire a private consultant to help the city’s environmental review of major development projects. The consultant would be hired on the developers’ dime. The idea, Cohen said, was to do something about the long backlog in city planning’s Major Environmental Analysis division. Developers often complain that environmental review takes too long, and delays cost money.

"MEA doesn’t have enough resources to do all the work," Cohen told us. "Our simple suggestion is to require private development projects to pay to provide extra resources to the department." The RFQ states in an underlined font that the private consultant would work under the supervision of city staff, and that final policy decisions would remain with public employees. Cohen emphasized that if it goes forward, "not a single planner will lose their job."

Nonetheless, the RFQ was lambasted in a letter sent to Rahaim on behalf of IFPTE Local 21, a union representing about 250 city planners. The letter charges that it could undermine city jobs and allow developers to essentially purchase an environmental analysis that would pave the way for project approval.

Under the current system, a developer who requests a permit to build, say, a condominium high-rise must hire a private consulting firm to write a report describing how the new condos would affect the existing landscape. That report then gets forwarded to the Planning Department for review by MEA staff, a time- and labor-intensive process.

The RFQ would make it possible for a large-scale developer who desired a speedier environmental review to shell out more money for the private consultant, who would do much of the legwork of reviewing the environmental impact report. While city staff would still have the final say, the environmental review process for those projects would consist largely of a consultant overseeing a consultant.

And nearly all the consultants in the environmental-review field make their money from developers.

A source close to city planning told the Guardian that Yarne drafted the RFQ, and that the impetus behind it was to remedy delays encountered by the Treasure Island and Lennar Corp. Hunters Point Shipyard projects.

A critic who spoke on condition of anonymity told the Guardian that there’s a lot of skepticism surrounding the idea since it comes from a former developer. Yarne was a principal at development firm Martin Building Co. until 2007, and he publicly complained about the slow environmental review process while in that role.

"The only deficiencies that we have been informed of have been relayed to us by Michael Yarne in the Mayor’s Office," the Local 21 letter notes. "His primary observation has to do with the expediency by which these reviews have turned around. We do not believe that outsourcing these services addresses the problems he expressed to us." On the contrary, the letter states, "in-house staff would have to review a second consultant’s work, which would prolong rather than streamline the environmental review process."

Rahaim, the planning director, told us that "the idea was to look for ways to help the staff out," and stressed that he viewed it as "augmenting as opposed to outsourcing" city jobs. However, he added that it’s "not something I’m sold on as the only way to do this."

Rahaim seemed receptive to the union’s concerns, said Adam Gubser, president of the Planner’s Chapter of Local 21. But union members remain universally opposed to the proposal as it stands. "There are serious flaws that need to be addressed," Gubser said. "We’re very concerned about contracting out, so any proposal is held under a microscope."

Assembly supports sale of Candlestick Point Park

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Text and photos by Sarah Phelan

Monsterskies10.JPG

On Wednesday night, as folks were getting ready to watch President Barack Obama’s speech about health care, the State Assembly voted 69-1 in support of an amended version of Sen. Mark Leno’s SB 792.

Leno’s bill, which is now back in the Senate, gives the State the authority to sell 23 acres of Candlestick Point State Recreation Area for $50 million.

Assemblymember Tom Ammiano was the lone dissenter on Leno’s bill with seven others abstaining or not voting.

Those voting “aye” included Assemblymembers Fiona Ma and Nancy Skinner. Florida-based developer Lennar, which has entered into a public-private partnership with the City of San Francisco to redevelop 770-acres at Hunters Point Shipyard and Candlestick Point, is arguing that it needs these additional 23 acres of prime waterfront property to build luxury condos, if the rest of its massive redevelopment plan is to pencil out.

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Initially, SB 792 would have allowed the State to sell 43 acres of Candlestick Point State Recreation Area, the Bayview’s only major park, for condos. As such, it faced stiff opposition from the Sierra Club, Arc Ecology and Friends of Candlestick Point Park.

In its amended form, SB 792 authorizes the exchange of 23 acres, thus preserving 20 acres of existing parkland—a compromise, Leno says, that secured the neutrality of these three key environmental groups.

“I am especially pleased that after months of negotiations, amendments to SB 792 resulted in the neutrality of the Sierra Club, Arc Ecology and Friends of Candlestick Point,” Leno said.

So, what does SB 792’s passage mean for the park’s ecological integrity? And won’t the impact of removing 23 acres from the Bayview’s only major park be magnified, once condos and high rises have been built?

Lawns to highrises

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rebeccab@sfbg.com

When Aaron Goodman walks the grounds at Parkmerced, a sprawling apartment complex spanning about 116 acres in southwestern San Francisco, he picks up on details that might escape the notice of a casual observer. A gregarious tour guide, he chatters on enthusiastically about the unique design elements of an entryway or townhouse facade, the curve of a knee-high brick wall defining the slope of a courtyard, the simple elegance of a tiered planter or classic window frame, or the spacious feel of a breezeway that opens onto shared grassy space encircled by backyard terraces. "No two courtyards are alike," Goodman says. "Each one is like a little vignette."

An architect who lives in a rental unit in one of Parkmerced’s towers, Goodman is on a mission to document the complex’s 1940s-era courtyard landscapes — but he’s racing against the clock. Landscape and carpentry crews are constantly rearranging things before he can get to them, he says — and those piecemeal cosmetic changes are nothing in comparison with what’s coming.

A total overhaul has been proposed for Parkmerced. The low-rise town houses would be razed, the landscape drastically altered, and an additional 5,665 housing units constructed, nearly tripling the number of residents that can be accommodated.

Goodman regards the plan as a "total tear-down," an affront to the work of the influential landscape architect who designed the grounds, and a terrible waste.

But Skidmore, Owens and Merrill, the internationally renowned architecture firm hired by the owner, a real-estate investment group called Parkmerced Investors LLC, describes the future Parkmerced as a cutting-edge eco-neighborhood that would provide the city with desperately needed rental housing. "This will be the largest sustainable revitalization project on the West Coast — perhaps in the entire nation," says Craig Hartman, the principal architect. "Our goal is to create an international model of environmentally sustainable urban living, and all our decisions are being made in that context."

A development of this scale would fundamentally change the feel of an entire San Francisco neighborhood. It’s also, potentially, a case study in one of the most complex urban planning problems of our time.

"This is the kind of problem that America is going to be faced with over and over in the coming decades," Gabriel Metcalf, executive director of the San Francisco Planning and Urban Research Association, told us. "It’s this question of how do we retrofit suburbia?"

Parkmerced is one of many similar areas developed after World War II, "when people hated cities," Metcalf said, "when the idea was that everybody would drive everywhere, and it was a sort of new town in town. It’s a period piece. It’s from a time when people were trying to escape density and traditional Victorian patterns like in the Tenderloin or SoMa or North Beach — [instead], you would have big lawns, and it would look very suburban."

But that model, most environmentalists and planner agree, isn’t sustainable. And activists say that the western part of the city, which has always resisted density, will have to accept more residents in the coming years.

But a development of this size and magnitude, driven by a profit-seeking real-estate operation, creates all sorts of other problems, including potential traffic disasters on the nightmare called 19th Avenue. And while much of the new housing will be rental and some will be affordable, it raises the question: is this the sort of new housing the city needs?

TOO MUCH WATER


The plans for Parkmerced are bold, and the construction timeline spans 15 to 20 years. The 11 towers on the site, which account for about half the 3,000-unit housing stock, would remain standing, while the low-scale apartment dwellings would be demolished to make way for a mix of taller buildings, including 11 new towers at about the same height. Once the project is complete, Parkmerced would have a total of nearly 8,900 housing units, with a mix of rental and for-sale properties.

"Our plan for Parkmerced will directly address the city’s housing shortage for households at all income levels," Hartman told the Guardian, adding that existing rental units would be preserved, and the project would comply with the city’s affordable-housing requirements. The city typically requires about 15 percent affordability, which would mean about 850 new below-market units — and 4,800 at market rate.

And while the complex was originally designed for middle-class families, the owners have been targeting San Francisco State University students — who typically have their parents co-sign the leases and who don’t present a rent-control issue, since they don’t stay long.

Sustainability and energy-efficiency are underpinnings of the project, according to Hartman. The poorly insulated garden apartments are moisture-ridden and inefficient, he said, and the entire neighborhood layout reflects the car-centric mentality of a bygone era. The landscape also poses a problem. "Maintaining the expansive lawns … requires the application of tons of fertilizer and wastes millions of gallons of drinking water annually. In fact, actual metering shows the consumption of 55 million gallons of potable water per year — just for irrigation."

Parkmerced residents would use 60 percent less energy and water per capita than they do now, according to Hartman, through efficiency improvements and investments in renewable energy sources. Plans also call for an organic farm and a network of bike paths. A storm-water management system would naturally filter runoff and use it to recharge Lake Merced, which has been seeping lower in recent years.

The developers hope to re-route the Muni M line through the complex to make transit more accessible. New retail would eliminate the need to drive somewhere for something as simple as a quart of milk.

"To me what’s most exciting about this is, if they get it right, it’s actually taking an area that right now generates a ton of car trips, and making it walkable," Metcalf said.

But Goodman and others have suggested that Parkmerced should be designated as a landmark, which would hamper development plans, precisely because its character is reminiscent of that postwar era. A draft report issued by Page & Turnbull, a historic-architecture firm, found that Parkmerced would be eligible for designation as a historic district on the California and national registers of historic places.

It was built in the 1940s by Metropolitan Life Insurance Co. as part of a government-supported effort to supply housing for the middle-class and families of servicemembers. The "courtyard vignettes" bear the mark of Thomas Dolliver Church, regarded as the founding father of the modern movement in landscape design.

"It was Church’s biggest public project," notes Inge Horton, an architect and former regional planner with the San Francisco Planning Department who completed an historic assessment of Parkmerced for Docomomo, the International Committee for Documentation and Conservation of Buildings, Sites and Neighborhoods of the Modern Movement. Horton has mixed feelings about the proposed development. "It is one of these things where the developer or owner proposes to tear down all the low-rise buildings and put up a high-rise and make it a little bit green," Horton said. "Sorry to be so cynical."

Goodman wonders just what’s so sustainable about demolishing buildings that the owners have just sunk millions of dollars into for fix-ups and cosmetic repairs. "When you look at the overall site, it’s a functioning community — and it’s essential housing," he says, wondering why it can’t be reused and expanded," he says.

Hartman says he views the site "as an architect," and finds it to be incongruous with San Francisco’s character. "To be frank, the architecture is unworthy of this extraordinary site," he says. Instead, he sees potential for what it could be: a pioneering example of a green neighborhood that uses urban density to meet the challenge of climate change.

MOVING OUT


At a public meeting held in June to discuss the future plans, residents shared their anxiety about being forced to move. Some tenants, particularly seniors, have lived there for decades in rent-controlled units. Parkmerced Investors has promised that those residents would be able to maintain their current rents in brand new, comparatively sized apartments. But Goodman points out that many would lose their meticulously cared-for garden plots and be forced to adapt to life in a high-rise instead.

About half the tenants are college students who attend San Francisco State, which lies adjacent to Parkmerced. District 7 Sup. Sean Elsbernd, who represents the neighborhood, told the Guardian that he often receives complaints from his constituents about "keggers" that go on until the wee morning hours.

"Parkmerced is such a fascinating societal study," Elsbernd noted. "You’ve got a lot of folks who’ve been there since it was built, but really the vast majority now are students at San Francisco State who are so transient and really aren’t terribly invested in the neighborhood."

Elsbernd said he also shares a different concern, which came across at the meeting loud and clear: traffic. Although development plans emphasize cycling, Muni access, and a shuttle that would carry passengers to the Daly City BART, the redesign would come with a grand total of more than 11,000 on-street and off-street parking spaces. And it’s situated along the 19th Avenue corridor, which is already notorious for traffic snarls (and for pedestrian deaths). Some fear the combination of two new developments would fuel perpetual, dangerous gridlock.

"At minimum, we’re talking 5,000 additional vehicular trips a day," said Calvin Welch, a longtime affordable housing activist. "You couldn’t build housing further from where people work if you tried." Welch regards the smart-growth school of thought, enthusiastically endorsed by SPUR, with skepticism. The pitfall, he says, is "allowing high-density development in transit-oriented neighborhoods … and then finding out that people drive."

On the other hand, Welch said, market-rate rental housing is much more affordable than market-rate condominiums, so Parkmerced will provide a service compared to the condos that are pricing so many middle-class families out of San Francisco. And the eastern half of the city has had its share of new residential development, so building new rental units in the western half might be an appropriate counterbalance.
Goodman said he has his own vision for Parkmerced, which would employ adaptive reuse of the existing structures and ensure truly affordable housing for people of modest means. "If I had money and tons of land and all the power in the world, I’d do it a completely different way," he says. "But I don’t. I’m a tenant living on site."

‘Can I buy your park?’

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sarah@sfbg.com

Saul Bloom, executive director of Arc Ecology, recently donned his best suit and a sandwich-board saying "Can I buy your park?" then headed to some of the city’s most popular open spaces: Dolores Park, Golden Gate Park, Crissy Field, and Ocean Beach.

Bloom’s quest? Pose as a developer and videotape reactions to a fictitious proposal to sell 25 percent of the parks for housing, a ruse designed to illuminate how the city and its master developer, Lennar Corp., have never been nearly that honest about their plan to get the state to sell 25 percent of Candlestick Point State Recreation Area so Lennar can build luxury condos on prime waterfront parklands.

Predictably, responses to Bloom’s poll were mainly negative, occasionally violent. "A couple of people tried to clock me over the head," Bloom recalled. "They got aggressive. They said ‘You’re an asshole, man.’ But the predominant reaction was ‘I love my park.’ People asked, ‘Why do you want to sell them?’ They feel there’s not enough open space."

Perhaps the most chilling response came when Bloom told folks about the city’s actual plan to build condos at Candlestick Point SRA in the Bayview District. "Their response was, ‘Oh, it’s in the Bayview? Who cares?’" said Bloom, who fears that apparent indifference to the plight of the Bayview may explain why the city and Lennar see Candlestick Point SRA as a development opportunity.

Arc isn’t the only group accusing Lennar and the city of not properly informing the public that a vote for Proposition G, which was billed as the "clean-up the shipyard initiative" during the June 2008 election, was also a vote to push Senate Bill 792, state tidelands legislation that authorizes the Candlestick Point sell-off.

Introduced by State Sen. Mark Leno in February, SB 792 has since been amended and approved by the full Senate and is currently scheduled for a hearing by the Assembly Appropriations Committee Aug. 19. Passage by the committee is virtually certain, given that it only delays legislation based on fiscal impacts.

But even some Prop. G supporters, including Bloom, are now raising questions about the deal.

San Francisco’s Park, Recreation, and Open Space Advisory Committee (PROSAC) unanimously approved a resolution recommending that the city’s Recreation and Park Commission and the sponsor of SB 792 require both the city and Lennar to "provide detailed accounting of the park and open space acreage in the Candlestick Project." The committee asks that no net open space in the region be lost in the transfer.

PROSAC claims it was in the dark about the deal and asked those who pushed Prop. G to "provide documentation of when PROSAC and any other relevant advisory committees were informed of the intention to purchase state parkland for the Candlestick Project." So far Lennar and the city have pointed to conceptual maps and a couple of notices of public meetings as evidence that the public was adequately informed before voting.

But according to Bloom, who studies the maps and attends the meetings, "There really is not anything other than two graphics, neither of which call out the alteration to the park boundary. You’d really have to know what you were looking for. And why would the city’s own advisory committee be asking Lennar and the city for information if they were in fact told of this plan?"

Adding fuel to the fire is a July 21 resolution by Sups. Chris Daly and John Avalos, which argues that it should be official policy of San Francisco to oppose SB 792 in its current form and remind city lobbyist Lynn Suter "to accurately represent the City and County of San Francisco policy in Sacramento."

The resolution has been assigned to the board’s Land Use Committee and likely won’t be heard until September. It contends that SB 792 is "premature and preempts the process for public input and environmental assessment since the environmental impact reports for the proposed development on Candlestick Point and the Hunters Point Shipyard will not be released until the fall of 2009."

Noting that the state "purchased this beautiful waterfront parkland for $10 million in 1977," Daly and Avalos assert that "this land represents a valuable and irreplaceable asset to the state of California that should not be disposed of for private development."

The resolution notes that many people oppose the transfer "because of the impact of environmental racism caused by selling a clean park to a private developer for condominium construction denying Bayview Hunters Point residents equal access to healthy open space as is enjoyed by other neighborhoods in San Francisco."

As Daly told the Guardian, "Everyone wants the shipyard site cleaned up, development that works for the community, and real open space opportunities on the shoreline. And Prop. G was billed as doing this, which led to a division of people who believed Lennar and those who didn’t."

As a result, Daly said, people like Saul Bloom, who supported Prop. G, are coming out against SB 792. "So now, it seems, the skeptics are right," Daly said. "A lot of promises have been made. But unless you get them in writing, and have an insurance policy, Lennar is not delivering."

But Lennar Communities of California, the developer’s major political action committee, seems to be delivering when it comes to advocating for the park sell-off. In the second quarter of this year, Lennar more than doubled its spending on lobbying, including on SB 792. And Aug. 3, it alerted its Prop. G supporters that help is needed "passing SB 792 through the California State Legislature."

The e-mail blast claims that SB 792 is "straightforward and necessary legislation that reconfigures the state park boundaries at Candlestick Point and exchanges under-utilized land (most of it dirt, rubble, and a parking lot) for tens of millions of dollars of needed new improvements to the state park and a steady stream of dedicated funding to operate and maintain the improved park and open space."

But recently, there has been talk of an SB 792 compromise. According to insiders, the city and Lennar are willing to concede 20 acres of the contested 42-acres of park, although the developer insists it needs to build hundreds of condos (of which only 15 percent will be below market rate) on the 22 remaining acres of state park land if its entire 700-acre development is to pencil out.

Privately, environmental advocates say they may be unable to stop the land grab. And they worry that seven of the 20 acres Lennar is prepared to concede could be inundated by rising seas caused by global warming, as shown in a 2007 study by engineering firm Moffat & Nichol. It would be an ironic fate given Mayor Gavin Newsom’s July 30 announcement of a proposed United Nations center focused on climate change and green technology as part of Lennar’s project.

The Sierra Club opposes selling state parklands, building a bridge over Yosemite Slough, and capping a radiologically-affected dump on the shipyard’s Parcel E2. But the club does not oppose Lennar’s entire redevelopment plan. Arthur Feinstein, the group’s local representative, said, "We’re interested in saving as much land as possible. We are pushing to save the park’s grasslands. It’s existing habitat."

Noting that some amendments to SB 792 have been made, including removing proposed exchanges of parklands for shipyard land, Feinstein said that "there’s now a map that defines the project and no longer carries shipyard land."

Michael Cohen, Newsom’s chief economic adviser, said, "At Leno’s request, we’ve made amendments to address concerns, including taking steps to ensure there is no adverse impact on wildlife habitat."

Cohen called Newsom’s United Nations Climate Center "the perfect institution" for the entire redevelopment project, since it provides the shipyard with a green technology anchor. Cohen said he was unaware of the study showing the area could be flooded by global warming.

"But no one disagrees," Cohen continued, "that the state park will benefit from infrastructure and much needed capital for operations and maintenance."

Leno told the Guardian that his goal is to arrive at the best possible bill. "At the request of the opposition, we did amend the bill so that land at Hunters Point Shipyard won’t be part of any exchange," Leno said. "But it is conceivable that once the cleanup is completed, there could be a gift from the city to the State Parks Commission."

Leno said he hadn’t seen the flood map and joked, "If someone thinks they know exactly where the water is going to stop, they can place some bets now."

Assuming a more serious tone, Leno added that "the entire park system is under threat." He recalled how Gov. Arnold Schwarzenegger proposed to eliminate all General Fund money for parks and said, "We fought back and were able to restore most of the money."

But with the state’s ongoing fiscal woes and political stalemate, "Anyone who believes CPRSA is going to be open and funded indefinitely is not thinking clearly … so this deal has the potential for being an opportunity for our taking responsibility for the future of our state park system."

As currently drafted, SB 792 provides millions for improvements and $700,000 annually for operations and maintenance, Leno explained. "So I’m trying to make a bad situation better in a way that brings along this bill’s opponents so that they see that they are being taken seriously."

Arc Ecology’s ballsy Save our Park video: 2

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Ten days ago, I posted about how the folks at Arc Ecology have put together a video appeal, on behalf of Candlestick Point State Recreation Area, in which they ask the California State legislature and the San Francisco Board of Supervisors to help save the Bayview’s only major piece of open space from greedy developers.

Today, I discovered that the Youtube link has since broken, hence this repost, with a link that works when you push the play button below:

What hasn’t changed is the content of the video, which explains how the city and developer Lennar plan to take 42 acres of a state park, which happens to be the only major piece of open space in the Bayview, and build mostly luxury condos on it.

Arc’s executive director Saul Bloom (the guy with the pony tail on the far right of the screen above) says his group will “certainly catch hell for doing this,” and definitely the content of the video is not designed to kiss ass. But like they say, a picture is worth a thousand or so words,so click on the link above, and take a look.

You’ll be shocked by what you see.

Selling the park

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sarah@sfbg.com

GREEN CITY Considering that it exists just a short hop from the industrial grind of Third Street, Candlestick Point State Recreation Area is a surprisingly wild and peaceful 150-acre bayshore park.

On a recent afternoon, a man practiced his golf swings, a group fished off a pier, and a lizard darted across a trail and into a clump of wildflowers, all apparently unaware of the storm gathering around the future of this waterfront habitat.

State Sen. Mark Leno’s Senate Bill 792 would give the State Lands Commission and State Parks Department the authority to negotiate an exchange of 42 acres in the park for patches of land on the former Hunters Point Naval Shipyard, allowing Lennar Corp. to build condos in the state park and reducing Bayview’s only major open space by 25 percent.

Leno claims that SB 792 "will help realize one of the few remaining opportunities for large-scale affordable housing, parks, open space, and economic development in San Francisco by authorizing a key public-private land exchange necessary for the development of Hunters Point/Candlestick Park."

"A lot of this property is dirt, and much of it is used by the 49ers for parking. It’s not high quality park land," Leno told the Guardian.

In addition to adding some amendments suggested by the Sierra Club, Leno said state and federal agencies must approve the deal, which would also require a full environmental impact report. "There will be no environmental shortcutting," Leno said.

But environmental advocates are outraged that Mayor Gavin Newsom and his chief economic advisor, Michael Cohen, are trying to get state legislators to facilitate an unpopular land swap that allows an out-of-state developer to build thousands of condos on state tidelands in exchange for strips and pockets of the toxic shipyard (see "Eliminating dissent," 6/17).

"When Michael Cohen asked us to endorse what they were calling a conceptual framework, he called it a rush to the starting line and promised us a full and robust discussion of the actual proposal," Kristine Enea, who works for the India Basin Neighborhood Association, said of last year’s Proposition G. "We’re not trying to stop the development, but we want a discussion. And we’re raising questions that otherwise won’t be raised until after the environmental impact report is completed."

In April, Newsom wrote to Sen. Fran Pavley, who chairs the state’s Senate Committee on Natural Resources and Water, claiming that plans for the shipyard and Candlestick Point had already been endorsed by the San Francisco Board of Supervisors and overwhelmingly approved by voters in June 2008.

"By utilizing a true public-private partnership, this [SB 792] will cause tens of millions of dollars of public open space investment to state park lands and public trust lands, at no cost to the state or the city’s general fund, providing a significant benefit to the state as well as to the citizens of San Francisco," Newsom wrote.

As part of the land swap, Lennar would pay fair market value for much of the parkland, with estimates of about $40 million that would go to the state for managing the remaining acreage. Lennar proposes to build 7,850 housing units on Candlestick Point, and it’s unclear how many of those will go into what is now a state park.

Critics say Newsom is trying to use Prop. G like a hammer to force through legislation that wouldn’t pass locally and would destroy the park’s current functions and wildlife habitat, forever changing life in Bayview Hunters Point, due to the scale and socioeconomic and environmental impacts of Lennar’s proposed redevelopment.

Created by the legislature in 1977, CPSRA is the state’s first urban park. It offers panoramic views of the wind-whipped bay, San Bruno Mountain, and Yosemite Slough, the only unbridged waterway in the city’s southeast sector. And while it’s not typically crowded, the park is well-used by residents, who like to hike and jog, walk their dogs, and windsurf adjacent to Monster Park stadium.

Saul Bloom — whose nonprofit group, Arc Ecology, angered Cohen and Newsom in February when it published "Alternatives for Study," a draft report that identified deficiencies in Lennar’s current proposal — admits that a section of the park is a weed-filled lot that 49ers fans use for parking on game days.

"But the leasing for parking contributes $800,000 toward park maintenance annually," Bloom told the Guardian, noting that this is a vital source of funding in tough times.

He also noted that the California State Parks Foundation recently raised $12 million to restore Yosemite Slough and the California Solid Waste Management Board (whose members include former Sen. Carole Migden, whom Leno defeated last year) recently completed a $1 million rehabilitation of a former construction debris field on the state park property.

But neither this nor the state Budget Conference Committee’s recent decision to institute a $15 surcharge on vehicle license fees of noncommercial vehicles as a dedicated funding source to keep California’s state parks open will save CPSRA from being hobbled if SB 792 is approved in its current state.

"Surely other land can be used for building condos. Affordable housing and condo residents need open space too," said Peter Barstow, founding director of Nature in the City, noting that the 42-acre parcel of contested land represents 25 percent of the park, but only 5 percent of the 770 acres the developer has at its disposal to build 10,500 units of proposed housing.

"Any loss in acreage would seriously diminish the ability of the park to serve the city’s needs, especially with 10,500 new units proposed for the Lennar development," Barstow said.

He said some "logical swapping" is possible. "But they are doing some numbers game, in which they are counting a huge amount of parkland that is already there."

"We should be thinking how to connect these ecologically isolated islands," Barstow said, who sees this debate as an opportunity to link CPSRA to wildlife corridors in McClaren Park and Bayview Hill. "The development should be in the interest of the people, critters, wildlife and plants in the Bayview, not in those of someone in an office thousands of miles away."

He also scoffed at proponents’ arguments that the density of the development means that it is smart urban growth. "Just because a development is dense is not an argument to build it on a park."

Cohen recently told the Guardian that the 77 acres of the 49ers stadium and all the paid parking inside its facility will be filled with "mainly retail and entertainment," while the 42 acres of state park would be used to build condos.

Meredith Thomas of the Neighborhood Parks Council noted that her group "fully supports the revitalization and redevelopment of the Candlestick Point/Shipyard area … But when folks voted for Prop. G in June 2008, nowhere did the measure say that by voting for it, you are agreeing to sell parkland."

"We are always concerned when municipal land that is being used as a park is put up for sale," Thomas said. "While it’s a state park, it really functions as a neighborhood park for those who use it. I think what happens when we plan for large developments is that we don’t do enough to plan for parks with the density increase that’s coming."

The Sierra Club has been leading the charge against the bill. "We lose 40 acres but gain a bathroom," Arthur Feinstein, the Sierra Club’s local representative jokingly told the Guardian. "Now that’s a good deal!"

Observing that the organization’s position is "no net loss of acreage, no loss of biodiversity, no loss of wildlife corridors," Feinstein said, "There are a ton of alternatives to this plan and no reason to destroy 25 percent of the park or build a bridge and a road over Yosemite Slough."

With Arc’s studies showing that the bridge, which will cost $100 million to construct, only shaves two minutes off travel time, Feinstein added: "This is a road to nowhere. It’ll cost $50 million a minute."

He also said that allowing a company to buy state parkland "sets a terrible precedent… Then every state park is at risk from developers as the state’s budget woes grow. I hope Sen. Mark Leno sees this."

"No one would ever think put housing on Crissy Field," Feinstein continued. "But in the Bayview, the attitude is, why not? That whole mentality has made the area into an environmental justice community. Even when it’s given something, it comes in a costly way to the community, but a cheap way for the developers."

Lennar’s shipyard: more toxic than you think

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news@sfbg.com

OPINION "So, what do you want us to do?"

That was the question from a staff member at the Bay Area Air Quality Management District (BAAQMD) after he passed along reports of Lennar Corp.’s latest repeated releases of toxic dust containing asbestos, arsenic, lead, and other metals into the air in Bayview-Hunters Point, one of the last remaining African American communities left in San Francisco.

After grudgingly levying more than $500,000 in fines against Lennar in 2008 for earlier brazen violations (after fierce community pressure), why is BAAQMD’s enforcement of clean-air standards against a notorious corporation on a dangerously toxic site still a negotiation?

After years of broken promises and half-hearted mitigation, the toxic partnership between the city and Lennar to develop the shipyard continues to threaten public resources and poison our communities in more ways than one.

In the last few months, with the help of the Mayor’s Office, Lennar is backing away from the promises it made in Proposition G. Instead of making 32 percent of its housing at the shipyard "affordable" to city residents (never mind that this definition of "affordable" is still well out of the reach of the great majority of Bayview residents), Lennar is now placing responsibility back on the city to build the affordable housing. As the Mayor’s Office prepares to use public money to subsidize Lennar’s broken promises, this revised arrangement blows a huge hole in the budget of the Mayor’s Office of Housing and threatens to destroy 30 years of efforts to create and preserve affordable housing elsewhere in the city.

As reported by Sarah Phelan last week ("Eliminating dissent," 6/17/09), state Sen. Mark Leno has legislation that seeks to trade 25 percent of Candlestick Point State Recreation Area for small strips on the shipyard so Lennar can build condos on the parkland (see "Selling the park" in this issue).

With the consent of City Hall, the Navy and Lennar continue to make deals in a backroom, with no public participation. The plan for development of the shipyard is getting even more toxic than you think, and its dangers threaten everyone in San Francisco.

That’s why a large coalition of grassroots organizations is joining forces for a community protest at the front gate of the Hunters Point Shipyard at 1 p.m. Tuesday, June 30. If the government won’t protect our communities from contamination and corporate greed, then we will do it ourselves.

For details, call Greenaction at (415) 248-5010 x107. *

Kelly is president of the Potrero Boosters Neighborhood Association. Schwartz is co-director of People Organized to Win Employment Rights (POWER). Harrison is a community organizer at Greenaction for Health and Environmental Justice. Brooks is the campaign coordinator for Our City.

Eliminating dissent

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sarah@sfbg.com

For years, the Hunters Point Shipyard Restoration Advisory Board has served as the Bayview-Hunters Point community’s main voice in the U.S. Navy’s environmental cleanup plans for the toxic former naval station. But the committee is suddenly being disbanded just as the cleanup enters a crucial phase.

Used for shipbuilding and submarine maintenance and repair, and the decontamination, storage, and disposal of radioactive and atomic weapons testing materials, the shipyard was added to the Superfund national toxic site cleanup list in 1989. But it is also at the heart of where Mayor Gavin Newsom has partnered with Lennar Corp. on the city’s biggest development proposal, involving 10,500 homes and a new stadium for the 49ers.

As the Navy prepares to release a series of important studies and reports concerning the cleanup of the dirtiest parcels on the former shipyard, community members were outraged by the Navy’s announcement in late May that it is preparing to dissolve the RAB in the next 30 days.

In July the Navy will release draft feasibility studies for the cleanup of Parcel E, along with a final remedial investigation/feasibility study for Parcel E2, the dirtiest parcel on the base, and a radiological data-gathering investigation in the sediment surrounding Parcel F, which is the underwater portion of the base.

Some insiders say the announcement was not unexpected, given an escautf8g series of confrontational RAB meetings with the Navy over the last two years. But they fear the community will lose its ability to give the Navy direct, timely, and meaningful feedback, even if many believe the Navy wasn’t listening.

"The Navy fully supports the need for open, meaningful dialogue with the diverse Bayview-Hunters Point community regarding our environmental cleanup actions and decisions. However, the RAB is not fulfilling this objective," the Navy’s Laura Duchnak wrote in a May 22 letter to the RAB.

In her letter, Duchnak said the RAB meetings no longer provide community input on the Navy’s environmental cleanup program, that their atmosphere is not productive to effective public discourse, and that Navy attempts to improve the process have failed. "The revised community involvement program may include community environmental forums, including using Internet-based technologies to more easily reach a diverse audience, expanded monthly progress reports and fact sheets, and hosting technical discussions and tours of cleanup sites for interested community members," Duchnak wrote.

Duchnak’s announcement followed a tense January meeting in which RAB members reacted with horror when the Navy announced it was moving forward with controversial plans to cap radiologically-affected areas on the shipyard’s Parcel B instead of digging and hauling them, which the community preferred (see "Nuclear Fallout," 07/16/08).

Led by RAB co-chair Leon Muhammad, who teaches at the Nation of Islam’s Center for Self Improvement, which has been repeatedly dusted by unmonitored asbestos (see "The corporation that ate San Francisco," 03/17/07), and joined by newly sworn-in members Archbishop King, Marie Harrison, and Daniel Landry, the board voted to seek a civil grand jury investigation into whether local truckers are getting their fair share of the Navy’s shipyard contracts.

Members then voted to remove the city’s public health representative Amy Brownell from the RAB, and to call for the stoppage of all work on the yard until the Department of Defense, the Navy, and the city can prove, as Muhammad said, "where the ongoing dust exceedences are coming from."

The final straw, insiders say, occurred in February when members voted to remove the Navy’s RAB co-chair Keith Forman from the advisory board. Eric Smith, who was sworn onto the RAB in January but did not vote to remove Brownell and Forman, said the Navy’s dissolution response wasn’t surprising.

"The dissolution of RAB is not a good thing in terms of what it is supposed to do. But it was also doing things that were dysfunctional," Smith said. "The bitter irony is that the folks who caused the trouble were trying to get the Navy to sit up and take notice."

Smith said there is frustration with the Navy’s communication style, which the community feels is patronizing. "But the RAB was naïve to think the Navy would allow a forum over which it has unilateral authority to become a platform for attacks," Smith said.

RAB member Kristine Enea, who missed the RAB’s last two meetings, confirmed that the atmosphere got increasingly confrontational but added that the Navy ignored suggestions her calls for wider community involvement.

"It’s ironic that the Navy had decided to respond to criticisms, which include the charge that it is a poor communicator, by cutting off communications with the community," said Enea, who works at the India Basin Neighborhood Association. "Dissolving the RAB is a drastic step. There is so much going on, and so much that we need to know."

But Enea hopes IBNA can help fill that void, noting that the association has applied for a US Environmental Protection Agency technical assistant grant to review shipyard clean-up documents, provide fact sheets, and host community meetings.

The Sierra Club’s Arthur Feinstein said that his group’s main concern around the dissolution is that Parcel E2, which contains an industrial and radiologically-impacted dump that burned for six months in 2000, and Parcel F are both coming up for analysis.

"These are some of the most significantly contaminated areas on the shipyard, so the timing is terrible," Feinstein told the Guardian, observing that some RAB members did not appear to be looking for solutions and were so aggressive they destroyed meetings.

"Unfortunately there weren’t enough forceful people to say ‘shut up and sit down,’" Feinstein said. "But without a RAB, there will be no public forum where folks are able to get and read materials ahead of the meeting, and then ask and submit questions."

Harrison, a member of the environmental justice group Green Action, believes the Navy’s intent is that there be no meaningful interaction with the community. "When you don’t toe the line and play like good little children, the Navy shuts you down," said Harrison, whose group, along with the Nation of Islam and the Caravan for Justice, are planning a June 30 demonstration at the shipyard to protest the move.

In another point of controversy, Sen. Mark Leno has legislation that seeks to trade 25 percent of Candlestick Point State Recreation Area, the only major piece of open space in the Bayview, for small strips on the shipyard so Lennar can build condos on the parkland.

Noting that Sen. Leland Yee and Assembly Members Tom Ammiano and Fiona Ma oppose the parks-for-condos plan (see "Going Nuclear," April 29), Harrison said, "What possessed anyone to believe that we’d say, okay, take the only open space in the Bayview, and in exchange we’ll accept contaminated land scattered around on the shipyard?"

Environmental advocates believe the Sierra Club intends to fight Leno’s legislation with a challenge under the California Environmental Quality Act, but Leno told the Guardian that he is "continuing to work and meet with the lobbyists for the Sierra Club here in Sacramento to see if there are any additional amendments we can take that would get them to a neutral position on the bill.

"I think there is a good possibility we can get there," Leno said.

In February, Arc Ecology released a 133-report titled "Alternatives for study" that recommended the removal of the Parcel E2 landfill and explored changes in land use arrangements in the current redevelopment proposal to avoid environmental impacts (see "Concrete Plans," Feb. 4). Unfortunately, they were largely ignored by the Mayor’s Office of Economic and Workforce Development, which is working with Lennar on the public-private development deal.

Arc Ecology executive director Saul Bloom remains undaunted, recalling how 87 percent of voters citywide supported Proposition P, an advisory measure he wrote and that then-Sups. Ammiano, Leno, Michael Yaki, and the late Sue Bierman placed on the ballot in 1989 to establish community acceptance criteria for the shipyard, under federal toxic cleanup guidelines.

"The Navy had offered their opinion that voters in San Francisco, and especially in the Bayview, would accept a nonresidential industrial level cleanup for the shipyard because they were primarily interested in jobs," Bloom recalled. "We said that this was a mischaracterization and we’d go ahead and prove them wrong."

He believes the current struggle with the Navy over the RAB, and with the city and Lennar over Arc’s alternatives, are "emblematic of the problem facing the Bayview with regard to accessing good information and being told the straight story on health and development issues."

Downtown’s missing history

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EDITORIAL To hear the proponents of a new downtown condo complex talk, you’d think they were giving the city a wonderful deal. In exchange for an exemption from height limits that would allow a tower twice the allowable size just a few yards from the Transamerica Building, the developer would give the city a little patch of parkland that’s now privately owned. Even the city planning director, John Rahaim, seems to think the special treatment is acceptable, since none of the other buildings in the area are nearly as tall as the Pyramid, and, he told the Chronicle, "usually you cluster tall buildings together."

Of course, the usual crew of downtown boosters love the architecture (a sort of spiral design), love that it would create housing in an area that’s generally empty at night, and figure that something only about half as tall as the high-rise it’s next to can’t be all that bad.

But there’s a stunning lack of historical perspective in all this discussion.

The Transamerica Building seems like an icon today, but when it was first proposed in 1969, it met with strong opposition — not so much because of its unique design (although some prominent architecture critics thought it was hideous) but because it was way too big, too tall, and jammed into a human-scale neighborhood where all the other buildings were low-rise. It was a flash point for the anti-Manhattanization movement and rallied preservationists, environmentalists, and neighborhood advocates.

One of the central issues: in order to accommodate the new tower, the city would have to give up a block-long section of Merchant Street, an alley filled with small businesses. The controversy over the sale of that public street occupied center stage in the Transamerica battle, and in order to convince the supervisors to hand over the public property, Transamerica agreed to build a little park on the edge of the property. That’s how Redwood Park came into being — as a concession from a developer who had been given public land.

And now another developer, Andrew Segal, is offering to give the park back — again, as mitigation for a project that’s too big for the site. So the city, in exchange for approving a bad project, winds up with land it would have had anyway if it hadn’t accepted a different bad project four decades ago.

And there’s been very little attention paid to the historic reasons why this project would need special exemptions from two city laws to move forward. In the mid-1980s, with Dianne Feinstein in the mayor’s office, the city was getting choked with tall, bulky — and frankly, nasty-looking — high-rises that were turning downtown and South of Market into dark, windy, dismal canyons. After long debate, many public hearings, and extensive discussion, the voters approved two measures aimed at limiting the impact of overdevelopment. One of them, Proposition K, barred new buildings from casting shadows on public parks. The other, Proposition M, limited high-rise office development and mandated the preservation of neighborhood character. At the same time, the height limits in that area — on the edge of Jackson Square and North Beach — were reduced, again after many hearings and much debate. The idea was that downtown’s skyscrapers shouldn’t be intruding northward.

Let’s remember: this won’t be affordable housing. The new condos will be priced at the top of the market (clearly the developer thinks the housing market is coming back in San Francisco). And while environmentalists like the idea of building housing near jobs, very few of the new condos that have gone up downtown have provided housing for San Franciscans. Most are owned either by empty-nesters returning from the suburbs, Silicon Valley commuters, or international jet-setters seeking a SF pied-à-terre.

So there are very good reasons for planners and the supervisors to reject this project — and for the city not to forget that the rules that make this deal unappealing were neither random nor a mistake. There’s history here, and once you understand it, the project makes very little sense. * *

Saving the southeast

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sarah@sfbg.com

foreclosures0509.jpg
This map of all foreclosures in San Francisco shows a heavy concentration in the southern part of the city, home to many low-income communities of color.

When Mayor Gavin Newsom and Sup. Sophie Maxwell convened a task force in July 2007 to figure out why African Americans are leaving San Francisco and how to reverse this trend, the subprime loan market crisis was about to send a shock wave of home foreclosures sweeping through southeast San Francisco.

Hope SF, the promised rebuild of the city’s public housing projects, is underway at a cost of $95 million. The city’s certificates of preference program, giving housing priority to black residents displaced by redevelopment, has been expanded and extended. But little has been done to address the immediate problem.

Instead political leaders have focused on a plan to subsidize Lennar Corp.’s construction of thousands of new condos in the southeast section of the city — the heart of the San Francisco’s remaining African American community — and have done nothing to promote a plan that could convert hundreds of foreclosed homes into affordable for-sale or rental units there, right here, right now.

African American Out Migration Task Force (AAOMTF) members recall warning that the crisis would likely hit San Francisco’s already dwindling black population extra hard. And Sup. John Avalos, who was running for election in District 11, remembers seeing impacts in the Excelsior District as early as 2007.

"I was telling people in early 2007 that this was a problem in District 11, and even real estate people didn’t believe me," recalled Avalos, who is exploring legislation to hold banks accountable and spoke at an ACORN protest in support of Excelsior homeowner Genaro Paed, a Filipino native who just staved off eviction orders pending the outcome of his lawsuit against Washington Mutual concerning what Paed describes as "a predatory loan" secured in 2006.

Avalos also planned to introduce legislation on May 12 that would expand protection of renters, including those in foreclosed homes who are now being evicted by banks.

This isn’t the first time city leaders have studied the African American exodus or ways to prevent low-income and minority households from being preyed upon or displaced. Indeed, this task force’s initial findings, (released last summer after Lennar spent millions to persuade voters to support building 10,000 condos in the city’s southeast) suggests San Francisco’s entire black community is at risk unless proactive and immediate steps are taken.

According to U.S. Census data, the city’s African American population shrank to 6.6 percent of the city’s total population by 2005 (a 40 percent decline since 1990) and will likely slip to 4.6 percent by 2050, according to the California Department of Finance. And these findings were made before the foreclosure crisis heated up.

In 2008 Maxwell and other elected officials convened a Fair Lending Working Group (FLWG) to figure out how to respond to the wave of foreclosures. By year’s end, there were 667 home foreclosures in San Francisco, almost all in the city’s southeast sector.

These numbers sound small compared to Contra Costa County or Oakland, where thousands of foreclosures occurred. And they aren’t big enough to qualify for the first round of President Barack Obama’s National Stabilization Program grants, which were released earlier this year. Based on a census-driven formula, the grants sent $8 million to Oakland and no money to San Francisco.

But with half the city’s foreclosures in the Bayview, home to most of the city’s remaining African Americans, the fact that little has been done to save these homes — or to follow early recommendations to do so — is a gentrification crisis in the making.

Ed Donaldson, housing counseling director at the San Francisco Housing Development Corporation in the Bayview District, served on the FLWG and remembers suggesting a two-tier track. First, take steps to protect renters in places that have been foreclosed and second, buy as many foreclosed properties as possible with the aim of reselling or leasing them as affordable units. While the FLWG liked the renter protection angle, it did not support the foreclosure acquisition program.

"The idea fell on deaf ears," recalls Donaldson, who was disappointed his foreclosure purchase plan didn’t make it onto FLWG’s recent recommendation list. FLWG members include financial institutions such as Wells Fargo, Washington Mutual, and Patelco Credit Union; community-based organizations such as Housing and Economic Rights Advocates, SFHDC, Mission Economic Development Agency; and city agencies. The agency also has received staff support from Assessor-Recorder Phil Ting, the Mayor’s Office of Housing, Treasurer Jose Cisneros and the Office of the Legislative Analyst.

"We’d already seen the spike in foreclosure numbers, so how did these recommendations get pushed out? We need something with teeth," Donaldson said.

SFHDC executive director Regina Davis says she suggested a foreclosure purchase and resale plan as an AAOMTF member and was concerned when she noticed that her recommendation was not included on the list discussed at the April 23 meeting. Billed as a closing-out session, that meeting took place at the San Francisco Redevelopment Agency and was attended by Davis, chair Aileen Hernandez, Redevelopment director Fred Blackwell, the Rev. Amos Brown, Barbara Cohen of the African American Action Network, Tinisch Hollins of the Mayor’s Office of Criminal Justice, and former supervisor and assessor Doris Ward, among others. The AAOMTF is finishing up its work this week.

"I got involved because I believed that in exchange for participation, we would see things done and/or funded. Part of what we want to see are real action items that keep African Americans in San Francisco or bring them back. So we really want this issue to move forward with substance," Davis told the Guardian.

Recognizing that San Francisco is facing massive budget constraints, SFHDC is proposing to borrow $1.5 million from Clearinghouse CDFI, a Los Angeles community development financial agency, to acquire and rehabilitate these foreclosed properties.

Davis’ group would then turn it around and offer residents several options: buy (if the prospective buyer qualifies for the city’s $150,000 downpayment assistance and a $50,000 loan from the California Housing Financing Agency); lease (in which SFHDC sells the home to the buyer but leases the land, making the price affordable), lease-to-own. Or, Davis adds, people could rent the units at affordable rates.

But to make the plan work, SFHDC need the banks to sell the properties AT below market rates. Noting that foreclosed properties are still selling in the Bayview for $400,000, Davis says her nonprofit intends to purchase 100 to 200 homes during a 24-month period at less than $200,000 mark.

Yet Davis remains optimistic about the plan’s chances as SFHDC negotiates with major banks for a 50 percent discount, noting that there is a monthly average of 50 foreclosures in the Bayview-Hunter’s Point, and SFHDC has access to 100 qualified buyers.

Blackwell said the Redevelopment Agency hasn’t developed an initiative or a funding pool to respond to the foreclosures in the city’s southeast sector. But, he said, the agency is looking at ways to apply for National Stabilization Program funds even though "federal guidelines mostly don’t apply well in expensive markets like San Francisco.

"We are engaged in advocacy so San Francisco can take advantage of any federal stabilization funds, but we don’t have an agency-specific proposal," he continued.

"Frankly, I think community-based organizations are the best to do programs like that, especially since there is so much anxiety about the Redevelopment Agency and property acquisition in the southeast," Blackwell added.

He believes that given the city’s current budgetary constraints, the AAOMTF "will likely look for leadership from the Mayor and the Board of Supervisors in cases where members have made recommendations and there is an opportunity to bring in public money."

Blackwell feels the city is still getting its mind around its foreclosure problem. "We’ve been spared the wholesale neighborhood-by-neighborhood devastation that places like Antioch faced," Blackwell said. "So, there wasn’t the same sense of urgency. And there’s a need to look more closely at the data. A lot of the information is based on anecdotes."

Yet the feds seem willing to help if city officials take the initiative. Larry Bush, spokesperson for the U.S. Department of Housing and Urban Development’s regional office, says San Francisco and Oakland could file a joint foreclosure plan application.

"If they can identify 100 homes, they’d be eligible for $5 million," Bush said, noting one snag that could unravel the plan locally. "Foreclosed properties must be vacant for at least six months. And as you know, in San Francisco, foreclosed homes still sell."

Maxwell says the city could do more to confront predatory lenders and enforce tenant rights, as well as developing a plan to buy foreclosed properties. "But in San Francisco it’s an issue because of relatively high prices," she told us.

Yet the city’s high prices are the very problem pushing out low-income residents. African American home ownership actually increased after 1990, even as out-migration among black renters increased. But now, if the foreclosures stand, that exodus will likely accelerate.

Asked if she supports SFHDC’s current foreclosure plan, Maxwell said, "It makes sense to me. If that could be done, it would be optimal."

Myrna Melgar of the Mayor’s Office of Housing says she’s not sure that a foreclosure resale plan would work in San Francisco for folks who bought a couple of years ago, when house prices hit $700,000, only to see house prices fall to around $400,000.

"San Francisco is a very different universe from Detroit," Melgar said. "Properties don’t sit around empty and vacant. They are bought by speculators who are betting that in two or three years, their values will go up. So if we had money to buy these properties, which we don’t, we’d be in competition with the speculators, who have lots of money with no strings attached, and who drive the prices up."

Another difference, Melgar said, is that San Francisco banks are holding onto 50 percent of their foreclosed properties, whereas Antioch banks are only holding onto 22 percent. "We’d like to keep folks in the homes," Melgar said. "But it’s a policy issue related to the reality that we have such limited funds."

Don’t shoot the shipyard messengers

3

Rev. Amos’ Brown’s recent op-ed in the Examiner is the latest in a string of attacks on anyone who suggests that anything about Lennar’s redevelopment plan could be improved.

These types of attacks are called “shooting the messenger.” And while they can be effective in silencing critics, they don’t address the problems contained in the message that the (now smeared) messenger was delivering.

In this latest instance of shooting the messenger, Amos’ target is the outspoken Minister Christopher Muhammad, who leads the Nation of Islam mosque on Third Street in Bayview Hunter’s Point and represents the Muslim school that sits adjacent to the shipyard.

Muhammad, who is good at firing up his followers with feisty soul-shaking speeches, has taken to comparing Florida-based developer Lennar to an invasive Burmese python, ever since Lennar failed to control toxic asbestos at the shipyard.

Muhammad also has taken to saying that if Lennar had screwed up in Pacific Heights and the kids at the school had been white, the response from Mayor Gavin Newsom and corporation would have been very different—and Lennar would likely have been fined more than $500,000, which is equal to the cost of one of the 10,500 condos that they are planning to build on the shipyard and Candlestick Point in the next decade.

Muhammad, who has been making these comments at just about every commission, hearing, and meeting citywide, recently took his show on the road to embarrass Newsom at the townhalls in Napa and San Jose, where the man who wants to be California’s next governor was hoping to seduce supporters with speeches and a sunny smile, not be shouted down by a black minister shouting about asbestos and poor innocent children.

Last month, Newsom responded to Muhammad’s crashing of his gubernatorial run in what seemed like sour grapes manner: according to columnists Matier and Ross, Newsom saw that a letter was fired off to Muhammad’s school, with the help of Brown, demanding that $24,000 (of unpaid back rent totaling $168,000) be settled in 30 days, or the school—and with it the kids—will face eviction.

Out with the old

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› rebeccab@sfbg.com

It may seem odd that the loss of a two-story vacant building would ruffle so many feathers, spur multiple phone calls to the police, and inspire a push from Board of Supervisors president David Chiu to make changes to San Francisco’s building code. But the March 16 demolition of the Little House, a 148-year-old Russian Hill cottage on Lombard Street, struck a nerve and raised a slew of questions — many of which continue to go unanswered.

Controversy may have started swirling because a property that has stood since Abraham Lincoln’s presidency was razed with scarcely a week’s notice on a swiftly issued emergency-demolition permit. It might also have been because the co-owners of the property, Michael Cassidy and James Nunemacher, represent the high-profile Residential Builders Association and the real estate firm Vanguard Properties, respectively — both politically well-connected entities that have been behind projects in the past that drew criticism from various citizens groups.

The Little House, which previously stood at 1268 Lombard St., was by some accounts one of the 10 oldest homes in San Francisco. Under the California Environmental Quality Act, a building of that age would normally require an environmental impact report before the Planning Department can issue a demolition permit. According to Department of Building Inspections spokesman William Strawn, the emergency demolition permit was issued after a structural engineer who had inspected the property on behalf of the owners sent a letter expressing concern that it was in danger of collapse. DBI staffers, including department manager Ed Sweeney, inspected it, and Strawn said the permit process started once they concluded that it presented a safety hazard.

Word that the cottage would be razed sparked an outcry from a group of concerned neighbors and historic preservationists, including architect F. Joseph Butler, who says he discovered it 15 years ago when he learned that it was one of the few structures on Russian Hill to escape the 1906 earthquake and ensuing fires. Butler says he doubts the building was in danger of collapse, and says he tried in vain to convince DBI to allow him to bring in a third party who could offer a second opinion. When asked about that possibility, Strawn said, "The building department would not rely on a third-party source."

The building was torn down March 16, with tensions simmering in the days leading up to it. When a demolition crew showed up March 9 ready to go to work, several days before the emergency permit had actually been issued, a neighbor who was trying to save the cottage phoned the police to halt the demolition. Police reports show that a few days later when the crew arrived on the property and were greeted by a small group of protesters, the cops were called twice more — by both sides. Joe Cassidy, Michael Cassidy’s brother and a prominent member of the Residential Builders Association, is the president of the demolition company.

Protesters charged that the building was neglected on purpose to hasten its demise, so the owners could skirt the regulatory EIR process. "It appears the property owner has exceeded the scope of their permit to replace dry rot by structurally damaging the building and claiming it is in imminent danger of falling down," Cynthia Servetnick, an architect with the SF Preservation Consortium, wrote in an e-mail to the City Attorney’s Office not long before the demolition. Building Commissioner Debra Walker, who also inspected it, noted that "the windows were out, and the doors were out in the back. It looked to me like people had just left it open."

Megan Allison Wade, who blogged about the demolition of the Lombard Street house, wrote in an e-mail to zoning administrator Larry Badiner that she perceived "a very clear case of willful neglect in an attempt to degrade the property into demolish-able condition."

Badiner responded: "This emergency demolition permit supersedes historic preservation and housing preservation procedures. … Without commenting on whether this is willful neglect, public safety would trump any concerns regarding how the building became unsafe."

An article published by the San Francisco Chronicle noted that Nunemacher denied that he and Cassidy had neglected the property. When we called Nunemacher to ask him directly, the conversation didn’t go so well. He said he was busy, and told us to read the other news reports. When asked if this meant he didn’t want to comment, he said, "You are putting words into my mouth. I don’t like what you are doing." Then he threatened to call the police.

Whether or not the property was in fact neglected on purpose is a question that may never be answered conclusively. City Attorney’s Office spokesperson Matt Dorsey told us he was not at liberty to say whether an investigation is underway, but it’s clear that any investigation would have to go forward without a crucial element — the house.

Attorney Arthur Levy made a last-ditch effort to try to save the Little House just before it came down, sending a letter transcribed on his office’s letterhead to a list of city department heads. "What makes San Francisco different is our built environment," Levy says. "It seems to me that when a property owner willfully neglects a building, and that results in demolition … there ought to be some consequences."

For some of those engaged in the fight over the cottage, the incident brings to mind past controversies involving the same players and others close to them. When an historic Victorian shipwrights’ cottage at 900 Innes Ave. — which the city designated as a historic landmark last year — was under the ownership of developer Joe Cassidy, he had plans to demolish it and build condos, retail space, and a kayak center. In that 2005 battle between the RBA developer and preservationists, the preservationists won.

Another project that involved both Joe Cassidy and Nunemacher was a residential development at Fourth and Freelon streets. At the time that project was being permitted, one of the top-selling agents at Vanguard Properties, Jean-Paul Samaha, worked as a liaison between the Board of Supervisors and the Planning Department. In 2005, architect Kepa Ashkenasy lodged an Ethics Commission complaint against Samaha alleging he had failed to disclose a $100,000 loan from Nunemacher, who had been his romantic partner at the time, even when he was in a position of testifying before the Planning Commission in his professional capacity about the Fourth and Freelon development, Ethics records show.

The complaint was dismissed after Samaha lodged a counter-complaint against Ashkenasy with the Human Rights Commission, noting that loans from spouses and domestic partners are exempt from financial disclosure rules, and charging that her allegation was motivated by a kind of homophobia, a HRC document shows. Ashkenasy told the Guardian that she only sought to illuminate a conflict of interest — and added that she is a lesbian.

Servetnick said the case of the Little House highlights a broader issue of vacant historic properties throughout the city that are allowed to go to waste because it’s more profitable to knock them down and build new. Draft legislation introduced by Board President David Chiu seeks to address this concern by requiring owners of vacant properties to register their empty buildings with the city so that inspectors can play a more proactive role in detecting problems before it’s too late.

At a March 26 Planning Commission meeting, Charles Marsteller, former head of government watchdog group Common Cause, told commissioners he had attended the demolition of the Lombard Street cottage. When it came down, he says, he realized how unique it was and earnestly told planning commissioners that he thinks the Little House should be reconstructed, and the lot turned into a park.

As for the demolition, "It was just a put-on by some insiders in City Hall working the network that they normally work," Marsteller says. "And it shouldn’t have happened."

The rise and fall of a Polk Street hustler

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› news@sfbg.com

Last June, a small group of costumed 20-something activists from Gay Shame — wielding saxophones, loudspeakers booming electronica, and bullhorns — held a "séance" on Polk Street to "summon the ghosts of Polk Street’s past."

They performed in front of the recently constructed First Congregational Church — what they call "ground zero" for Polk Street gentrification — built over the remains of what they characterize as a gay hustler bar pushed out of the area by Lower Polk Neighbors (LPN), an organization not coincidentally holding its monthly meeting just a few feet beyond the window during the ear-splitting performance.

It was one of many ongoing clashes as new condos, upscale businesses, and trendy "metrosexual" bars replace Polk Street’s SRO apartment buildings, shuttered businesses, and hardscrabble hustler bars.

Protesters blamed the transition on LPN, a "pro-gentrification attack squad" working to transform the city’s "last remaining public gathering place for marginalized queers." New business and neighborhood associations counter that they are only working to beautify, make safer, and "revitalize" the area — a benefit to everyone, including the street’s marginal residents.

But what has been lost in the noise of this high profile, ongoing clash are the stories, needs, and wishes of the very people purportedly at the center of this conflict: the "marginal queers" and the homeless.

I conducted interviews with more than 60 people during the past year, including sex workers, merchants, the homeless, and social service providers — thanks to a grant from the California Council for the Humanities and the sponsorship of the GLBT Historical Society. And I learned that changes on Polk Street stem from a collapse of the area’s community-based economic and social safety nets in the 1990s, combined with the absence of a viable alternative from the city, the neighborhood, or an increasingly affluent gay political establishment.

That trend is illustrated by the story of one such "marginal queer," known on the street as "Corey Longseeker." In a changing neighborhood divided by distrust and tension, it seems that even people from opposing viewpoints are united in their familiarity with a story that has become the stuff of legend: the most beautiful, most successful boy on Polk Street who became the saddest, poorest homeless man in the neighborhood.

Now, during a time of recession and drastic budget cuts to mental health, drug abuse, and HIV-related services, Corey’s story traces the neighborhood’s history and its present challenges.

THEN AND NOW


Corey, now 39, is a constant presence in the neighborhood. He’s always alone when I see him, sometimes sitting on the sidewalk, his head of long stringy hair in his lap, rocking back and forth slightly. Or walking up and down the alleyways, sometimes stooping over and making cupping motions with his arms — picking up imaginary children, I’m later told. Or walking slowly, alone, near City Hall, his arms straight by his side, his body hunched.

"I came to San Francisco because I wanted to be an artist," he told me. He speaks slowly, softly, laboring, with long pauses. "When I first got here, there were a lot more people. We used to play guitars and drink beers or smoke a joint and just hang out and stay out of trouble."

He was diagnosed with schizophrenia, compounded by years of methamphetamine use and complications related from AIDS — a triple diagnosis that is unusually common among homeless people on Polk Street. Corey’s flashes of clarity alternate with moments in which memories blend into different times and places, and seemingly into dreams and fantasy: "I’ve been trying to protect my little self and my little brother and I’m about 500 homicides behind and I don’t know how to bump and grind to pick up the little morsels and the pieces of the people I liked and loved the way I used to know how to." He paused. "So I just keep on."

Dan Diez, now the co-chair of LPN, believes that homeless on the street such as Corey are negatively affecting businesses and residents who "should not have to put up with people sleeping in their doorways." He even talks of moving the homeless to facilities on Treasure Island as one solution. "I think it’s one of the reasons why these condos that have gone up have not been filled."

Corey and Diez may seem to have little in common, but they maintained a close relationship with each other for more than a decade, and Diez felt so close to him that he characterized himself as part of Corey’s "surrogate family."

It was 19 years ago that Diez first laid eyes on Corey, then a fresh-faced 19-year-old who had just moved to San Francisco. Diez, then a city government employee living in the East Bay, was sitting in the Q.T. II, Polk Street’s premier hustler bar — on the very plot of land where protesters later clashed with the LPN meeting.

Corey "wasn’t what I expected someone like a hustler to look like," Diez said. "I cannot tell you, this kid had movie star written all over him. He was extremely clean and very attractive and he just looked like somebody who walked out one of these suburban towns."

Dan befriended Corey, taking him to Burger King, listening to rock music in his car while Corey drew and writing poetry. Dan slipped him $20 bills and took him to movies. With time, he also brought him to the spas to clean Corey up, took care of his laundry, and bought him clean underwear and food.

"A lot of the kids on the street were hustling," Diez said, "but I did not pick up at that time. Corey was the only person I was really interested [in] ‘cuz he was something different. He was a person with a creative bent, which I really admired."

Diez says their relationship was not sexual, though he did enjoy being physically close with Corey. "He was someone I liked being around. It was just really a nice relationship."

In a letter Corey wrote in the late 1990s, he calls Dan one of his "sponcers" [sic], along with another man Diez said is a "multi-multimillionaire" and "very well known in San Francisco." This man bought Corey a car and provided him with plenty of cash and drugs as one of his clients. In Corey’s letter, he says the man "made me into a liveing legand [sic] at the age of twenty two years old by letting me have enough money." Corey listed as his "Boss" a bartender at the Q.T., widely known for facilitating hookups between johns and hustlers, and spoken of warmly by many as being a "big mama" to kids on the street.

By this time, many of the buildings that had held thriving businesses in the ’70s and ’80s were shuttered, leaving sex work and drug sales as a few of the street’s dominant economies. People such as Corey, widely considered to be the most beautiful and lucrative sex worker at the time, were Polk Street’s economic engines.

In fact, Q.T. manager Marv Warren was president of the merchant’s association in the 1990s. The sex trade turned profits on the streets and in the bars. "Most of us didn’t like the idea of these kids hanging out because it didn’t look good," Steve Cornell, owner of Brownies Hardware, recalled. "[But] if there are male prostitutes out there and there are businesses that thrive on that, they’re part of the business association too."

THE BOTTOM LINE


The current conflict on Polk Street has been framed as one between profit-hungry business owners and marginalized queers. But on Polk Street, a coveted bloc of city space long zoned as a commercial corridor, the buck has always been the bottom line.

This is not to discount the deeply emotional ties many have to the area, many who reported escaping abusive families and discrimination to find themselves and their first real family in Polk Street. Just the opposite: the history of Polk Street shows that community and commerce were closely linked.

In the early 1960s, gay men bought up failing shops along the street and created posh clothing stores, record shops, and elegant restaurants. Failing bars and taverns cashed in on gay consumer power. The community combined economic and political power to win major gay rights battles.

Most famously, bartenders formed the Tavern Guild in 1962, the nation’s first gay business association, which combined economic self-interest with charitable support for the nascent gay community. According to historian Nan Alamilla Boyd, the Guild "represent[ed] a marketplace activity that, in order to protect itself, evolves into a social movement."

The Imperial Court, part of the Guild’s fundraising arm, elected Empresses who raised funds for people in the community who needed housing, drug treatment, mental health services, or help with their medical bills. In the ’70s and ’80s, the Polk Gulch was a magnet for young people around the country escaping abusive homes and discrimination, and who therefore did not have the educational or employment background to make it on their own in the city.

Anthony Cabello came to Polk Street from a working class family in Fresno as a teenager in the late 1960s, dining as the guest of an older lover at the posh P.S. Lounge. As a student at a nearby college, he formed lifelong relationships with men on the street who took him to fancy hotels, plays, and dinners. "I did not mind the monetary help, but that wasn’t my primary concern," he said. "I was getting exposed to things that normally, I wouldn’t have the ability to do." He toured Europe in a theater troupe, worked a number of jobs on Polk Street, and now manages the neighborhood’s Palo Alto Hotel, which continues to house people living with AIDS and people of meager means.

Coy Ellison found a safe haven in Polk Street as a teenager in 1978. He did under-the-table work at gay businesses through an unofficial job pool at the street’s bars. That allowed him to avoid being caught by the police and sent back to an abusive home. "There were a lot of people doing that at the time," he said. "Let’s say you needed your apartment painted, was there a kid here who knows how to paint and [the bartenders would] send him off." He later climbed the employment ladder through the bars by working as a bouncer, providing support for new young people coming to the area. He now lives a few blocks away with his partner.

Kevin "Kiko" Lobo moved from San Francisco’s Mission District to Polk Gulch in the early 1980s and found work on the street as a sex worker in bars like the Q.T. "Nobody lost because the bar made money, I got a few drinks, and I met clients." He pooled money with his "street family," made up of teenagers escaping abusive homes and discrimination. On the street, "everything was family," Lobo said. "We all looked out for each other. If you didn’t make any money that day it didn’t mean you were going to sleep on the street." Kiko eventually worked his way into the bar business, becoming a bouncer and later a DJ.

COREY’S STORY


Diez learned that Corey grew up in a deeply religious family in a small town in Minnesota. His mother and father worked in factories, and hunted and fished in the countryside. But "something happened in that family," Diez said. "Either he did something really wrong and they could not put up with him, or they did something wrong and he could not put with up with them, or both — I don’t know." Corey never graduated high school, instead leaving Minnesota for San Francisco.

Corey gave Dan clues as to his move in a series of letters he wrote him from jail, where he was sent on a series of drug charges in the late 1990s. He wrote about three "childhood nightmares" that were "true life stories" and "part of my past survived existence."

He wrote of being part of a "bunch of little gay boys" in high school who "were not allowed to live a normal life one on one with their partners, among lost immediate family, and unforgiven [sic], misunderstanding, or nonaccepting [sic] religious traditional old fashioned folks.

"Our very own parents used to laugh and giggle, and be cruel to us. And no matter how gifted each child was, our parents watched us and made harsh comments, and truly not funny jokes, and then forced us by broken pride, trust, and rejection to survive in Satan’s swamp.

"Some parents are not willing to understand the flower children of the nineties," Corey wrote, but now "I am trying to step out of a nightmare and back into a Dream … [to] kickstart the new flower child era" in San Francisco, "like the hippies once did, so will we rise above once again."

A San Francisco State University study published in Pediatrics in January found that LGBT youth who reported higher rates of family rejection were eight times more likely to report having attempted suicide, and more than three times more likely to use illegal drugs and have unprotected sex, compared with their peers who reported lower levels of family rejection.

Those escaping persecution also appear more likely to be runaways or homeless. While approximately 3-10 percent of the U.S. population identifies as lesbian or gay, 30 percent of youth served by San Francisco’s Larkin Street Youth report that they are lesbian, gay, bisexual, transgender, or intersex.

POLK FALLS APART


By the time Corey arrived in 1990, the twin epidemics of AIDS and methamphetamine addiction were wreaking havoc on Polk Street.

Harvard-educated ethnographer Toby Marotta, who worked on several federally funded research projects in the Polk Gulch, said that by the mid-1980s "the whole southern end of Polk Gulch was being transformed because of methamphetamine use."

Speed was the perfect drug for the early days of AIDS, when people were terrified and confused: it produced feelings of euphoria, a sense of invulnerability, focus, and a desire for sex. But while the drug "produced long mind-escapes" for people who used it, Marotta said, it "completely undercut the personal relationships and social obligations essential to functioning community."

Combined with a national recession and a rash of Polk Street business closures, the economic health of the street, and the support systems enabled by it, suffered a tremendous blow. The money, energy, guidance, and options for street youth employment through local bars and businesses were quickly disappearing.

By the late 1970s, the city’s gay political center had moved to the more affluent Castro District. "For those of us that depended on the street to survive, the money was harder and harder and harder to make," Lobo said. "And that’s what [began] the downward spiral. Some very pretty boys have become very ugly people because of the … loss of the great community."

A large homeless shelter moved onto Polk in 1990, along with much of the hardscrabble Tenderloin population. A different kind of john came to the street, and there was less respect for sex workers, leading to more escape through drug use. Ellison left his work at the bars in the 1990s, when the community of bartenders that had kept violent crime in check on the street broke down. Sex workers increasingly started advertising in newspapers, and later on the Internet.

Corey began using the speed that was rampant on the block, quickly becoming addicted. Diez worried that by continuing to give Corey money, which he used for drugs, he was "keeping him where he was at" instead of helping. "I eventually always gave in because I always wanted to see him have something better," Diez said. "I just enjoyed being with him. Even if we weren’t talking and he was just writing, I just liked him being there. He was company."

As Corey began using more speed, his artwork "became wilder and wilder." He started to lose his teeth, and his blonde hair turned brown. "He went down, I would say, fairly fast," Diez recalled. Spas began to refuse to serve him. He would wander into the street to pick up imaginary children, and began to be more difficult to talk with. "He went into a lot of gibberish or psychobabble," Diez recalled. "He started to look almost Charles Manson-like."

James Harris, a Polk Street community member since 1978, met Corey when he came to the city in 1990. Harris left in the mid-’90s, and when he returned in 2001, he barely recognized Corey. "I just could not believe what I was seeing. What was once a strapping, good-looking, young man had been reduced to this homeless, toothless guy. It freaked me out so bad. It took me a little while to get over it."

Harris has no doubt that Corey’s decline was linked to the breakdown of the Polk community. "If Corey came to Polk Street in 1980, he would have a job as bartender maybe, working somewhere, maybe living in the Castro," he said. "No question about it." Many people who now work in Polk Street businesses and social service organizations started as runaways and sex workers on Polk.

"In the ’60s and the ’70s, it was like a big party atmosphere. I, fortunately was taken under several people wings," said Cabello, the Palo Alto Hotel manager. "Now people don’t have the cash flow, ‘cuz economically times have really changed. People who were out partying and being able to take somebody home and help them find a job are basically waiting in line at Social Security and making sure that their housing is together."

INTO THE SYSTEM


Gay bar patronage decreased citywide in the 1980s and 1990s, the result of AIDS-related deaths, a generational shift, and later the rise of the Internet. The Tavern Guild disbanded in 1995, and by the late 1990s, most of the Polk Street bar owners had either died or retired. Most of the remaining gay bars were remade into upscale heterosexual or mixed drinking establishments, serving new residents attracted by low rents during dot.com era.

Lower Polk Neighbors represented this new bloc of business owners. Diez joined LPN in 2001, when he retired and moved to Pacific Heights. They planted trees, cleaned sidewalks, and successfully pressured the city officials to increase the number of police patrols in the area. In one of their most controversial actions, they opposed the relocation of the RendezVous bar, which they blamed for nurturing the street and hustler population.

Corey and people like him, once the street’s economic engine, were now bad for business. After his string of arrests on drug charges in the late 1990s, Corey always came back to Polk Street after being released. In 1997, he was arrested, diagnosed with HIV while in jail, and sent to a psychiatric hospital.

The most recurrent theme in Corey’s letters from this period were finding love and proving to himself that his love was okay. In a poem, he wrote, "God’s gift a soul /it was not shattered, battered, but whole / … My love from within /was not curse … scattered, tattered, or sin/than [sic] I found I did win /see like yang of yin /by forgiving within /my mind and my kin. I’m forgiving their sins."

When the Rev. Megan M. Rohrer, director of the Welcome Ministry, first met him in 2001, Corey was having "loud, yelling conversations" on the sidewalk outside Old First Presbyterian Church, where he often slept at night. "He was having the conversation of the day he came out to her, and his Mom was always trying to tell him why he couldn’t be gay, and why it was a bad thing. He was always trying to have the conversation that that was who he was, and it was how he loved, and he just kept having the conversation over and over and over, trying to have a different result, which never happened."

The organization formed in the late 1990s as a result of complaints about the increasing number of homeless in the area. Rohrer estimates that 98 percent of the homeless who live in the Polk Gulch and come to the Welcome Ministry have been part of the Polk Street sex work industry. Like Corey, they had aged into the general homeless population.

For four years, Rohrer tried unsuccessfully to place Corey in a hospital or get long-term treatment from the city. Ironically, it was the result of increasing neighborhood complaints that he finally found this. "The neighbors were getting really angry and wanted to get rid of the homeless from the area," Rohrer recalls. In 2005, Corey was arrested on drug charges as part of what she characterized as a sting operation.

The breakthrough came when he was arrested and declared mentally unfit to stand trial for the first time since 1997. The court sent him to Napa State Hospital, a secured mental facility where he was required to take medications. "Finally Corey was getting the mental health services he needed," she said.

In the absence of sufficient social services, this has become standard policing practice, according to Al Casciato, who heads San Francisco Police Department’s Northern Station. "We do not have a front end to the criminal justice system in the health arena that allows us to take these people and put them in a secure facility," he told the Guardian.

"What happens is that we wait until they get in trouble in order to put them in jail to get them off the street and then try to get them into services. We should be trying to get them into services first, but we do not have the capacity to accept everybody into services." Even after police convince a person to use services, during the long waits due to the lack of services, sometimes months at a time, "they fall back into their pattern of either drug abuse, or if they have a mental health issue, their depression starts to spin out again."

Corey was at Napa State for nearly a year on medications. "Corey make some really good strides there," Diez said. "He was also at his artistic high points … he built balsawood airplanes that he gave to children." When he was declared competent to stand trial and sent back to San Francisco, "he was like a completely different person," Rohrer recalled. "He was so with it. He was really clear about what he wanted and where he wanted to go."

But Rohrer spent two months navigating the bureaucracy to get Corey the medication he needed, during which he had slid back into schizophrenia and was no longer willing to take his prescriptions. "It was like watching Corey emerge in this beautiful way and then to disappear," Rohrer said. He’s never been back on medication, and his condition has not improved.

Rohrer was able to find him housing in a nearby SRO hotel through the Homeless Outreach Team, instituted in 2004 as part of Care Not Cash — part of a dramatic move indoors for the homeless in the area. It was an improvement from the streets, on which the supportive "street families" had now broken down. But it’s unclear whether Corey is capable of living on his own, or whether the case managers assigned to him are sufficient.

"They weren’t there," Diez says. "Because I was vacuuming his floor, I was cleaning his sink, I was taking his dirty clothes out. As much as I hate to say it, Corey needs to be in a medical facility where he can have some psychiatric help."

When I visited Corey in his apartment a few months ago, cartoons played on the television, the only piece of furniture other than his bed. His walls were bare and the sink fastened to the wall was clogged with brackish water. The carpet was filthy with cigarette butts and a mouse ran over my feet.

BOTTOMING OUT


Now, with major budget cuts across the board, services are being cut at the time when they are most needed. This will have a tremendous negative impact not only on people like Corey, but also on business owners and service providers in the Polk neighborhood.

The Welcome Ministry will lose big grants next year, Rohrer said. Jennifer Friedenbach, director of the Coalition on Homelessness, says that budget cuts in the works will have a "huge and dramatic impact" on people like Corey and will "devastate" mental health treatment services — with as much as a 44 percent reduction in the publicly-funded mental health treatment system and similar reductions for substance abuse treatment.

Ann R.P. Harrison, director of New Leaf, a mental health organization that serves 1,500 LGBT people a year, says they recently reduced staff hours and the amount of services offered, and, like most nonprofits, are looking at up to a 20 percent budget reduction starting July.

Toby Eastman of Larkin Street Youth, which serves youth under 25, says that $100,000 in HIV prevention services cuts from the Department of Public Health mean "significantly reduced the prevention staff." Eastman expects the cuts to increase next year, at a time when she sees other smaller agencies closing their doors.

Diez and Rohrer take away different lessons from their experiences with Corey. Diez says he has "hardened" about homelessness and has stopped talking with Corey. "I was an enabler for him, which I didn’t like doing but I was always hoping that what I was doing was helping him," he said. "But maybe not. Corey made choices, and maybe they weren’t good choices. And you can’t blame that on the city. It’s gotta go both ways." Once the keeper of Corey’s Social Security card, money, and other personal items, he has now handed that responsibility to Rohrer.

Rohrer sees a failure of the social safety net. "There’s a barrier to getting mental health services that seems like it’s set up so that people will fail," she said. "Places that accept MediCal or city patients can take two months before they can get an appointment. The hospital does not even have the capacity to help those police deem a threat to themselves or others."
"There were gay bars here, and there were affluent men, and that’s not here anymore," Diez said. "The bars are gone, those people who went to those bars don’t come anymore, and Corey’s just a remnant. He’s just existing. He’s surviving. He’s just something that’s eventually going to disappear from the scene."
For now, Corey poses both a challenge for the emerging Polk community and an opportunity for a divided neighborhood to find common ground. He still has dreams, Rohrer says, even if they might not be realistic. "We’re not expecting him to be a Wall Street CEO," she said. "But he’s always going to be stuck in the past if he doesn’t achieve some of his future hopes."
Joey Plaster is curator of "Polk Street: Lives in Transition," an exhibit open through May 31 at the GLBT Historical Society. More information at www.glbthistory.org/PolkProject.

Concrete plans

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› sarah@sfbg.com

In the fractious atmosphere that dominates meetings concerned with Lennar’s plan to redevelop the economically depressed southeast sector of San Francisco, reality is relative to one’s perspective on this ambitious project.

At these meetings, competing factions within the Bayview’s predominantly African American community typically accuse each other — as well as the mostly white engineers, planners, and scientists that Lennar and the city hired to flesh out the details of their vaguely worded but voter-approved conceptual framework — of being sellouts and traitors.

The Jan. 28 meeting, where two local advisory committees endorsed Lennar’s draft urban design plan for a 770-acre Candlestick Point/Hunters Point Shipyard development, was typical. It was held at the Southeast Community Facility, within sniffing distance of a seismically suspect sewage treatment plant.

The committee’s endorsement came at the end of a meeting that was full of what critics labeled "disingenuous claims" by representatives from Lennar, the Mayor’s Office, the San Francisco Redevelopment Agency, and the city’s Planning Department; recriminatory accusations by community members; and disruptive chants of "A-B-Uuuu!" by a female member of Aboriginal Blackmen United, who claimed that ABU members have been starved for work at Lennar’s development. Records show Lennar paid ABU trainees $11,300 in fiscal year 2005–06 for work at the Shipyard’s Parcel A.

Fanning the flames was a report that local environmental nonprofit Arc Ecology released last month. Arc’s report faults Lennar’s urban design plan for not including comparisons with realistic alternatives and for failing to study the cumulative impact of the 15 developments, covering 1,500-2,000 acres, currently underway on the eastern waterfront.

"The practice of ‘island’ development prevents the city from conceiving a cohesive vision for the east waterfront," Arc Ecology’s January 15 report states. "Moreover, the piecemeal approach cannot adequately address the practical consequences of the addition of 50,000 new residences to the area."

Noting that Lennar’s proposal calls for a 60 percent increase in the neighborhood’s population as more than 20,000 new residents join the 33,000 people who already live in the neighborhood, Arc’s report lists alternatives that "would strengthen the economic, social and environmental benefits, while avoiding and reducing some significant impacts."

Financed by a California Wellness Foundation grant, Arc’s report stressed that it does not disagree with the stated objectives of Lennar’s development plan as laid out in Proposition G, which voters approved in June. In fact, the organization did little to voice its concerns before the election.

But the report has ruffled the feathers of city leaders, who seem hell-bent on moving the project forward and applying for funding from the federal economic stimulus package. The report calls for a focus on doing "bottom-up" ecological planning, creating real economic opportunities for the Bayview community, relocating the proposed football stadium, and removing the shipyard’s highly contaminated Parcel E2 from the project.

Noting that Lennar’s environmental impact report has yet to be completed, and that there has been no time to study Arc’s report, Citizens Advisory Committee member Scott Madison argued that delaying the endorsement would have no impact on Lennar’s home building or job creation schedule. "It’s not going to slow down anyone getting a job by even one day if we take a few days," Madison said. "But once we approve this — even a draft, even if folks are amenable to some changes — it has a certain kind of semi-concrete to it that’s difficult to chip away."

CAC member Diana Oertel voiced her objections to Lennar’s plan to divide the 170-acre Candlestick Point State Recreation Area, the Bayview’s only large open space that provides a place for recreation and an escape from urban living. "It’s not acceptable to me to see that area cut in half, gentrified, prettified, with housing going to edge of the park," Oertel said.

Project Area Committee member Leon Muhammad said there was no way the urban design plan should be endorsed "until we have addressed all the issues, until they come up with a complete plan that makes sense, not a half-baked plan."

But then PAC member Cedric Jackson asked to hear from folks in the audience who were hungry for jobs — at which point ABU folks yelled and raised hands. "I saw 80 percent of the community stand up and say, move this process forward," Jackson then asserted. "In 2000, we were 70 percent of the community, now we’re less than 50 percent. There is an out-migration and it’s not because we don’t like San Francisco, but we’re being forced out economically. So the longer you delay, the less of us will be there, especially with the economic conditions we’re facing."

Seconded by PAC member Gary Banks, Jackson moved to endorse Lennar’s draft design plan as-is, with only PAC members Muhammad and Kristine Enea, and CAC members Oertel, Madison, and Carmen Kelley dissenting.

Reached after the meeting, ARC Ecology’s Saul Bloom acknowledged that many of the problems people face in the Bayview are related to "tension over jobs." Yet he was surprised by the strong-arm tactics by proponents of a project that won’t generate jobs for at least another year.

"There’s this blind panic, this belief that if you hold up anything, you are going to stop the whole plan," Bloom told the Guardian. He hopes that now that the vote has passed, the city and Lennar will make good on verbal promises, made before and during the Jan. 28 meeting, to review Arc Ecology’s report.

"As Scott Madison pointed out, if we’d listened to these same we-have-to-vote-yes-now voices the last time around, when we were asked to endorse Phase A, we’d never have gotten the community-benefits program," Bloom said, adding that many of the current committee members are new and inexperienced. "So it’s hard for them to see through the rhetoric and pain."

"None of us want to derail the plan," continued Bloom, whose group also receives funding from the SFRA, which is overseeing the project. "What incentive do we have? Do we want to piss off the developers, contractors, and commissioners when our contract is up?"

"The city is under the impression that there is a broad base of support for this project, by virtue of Prop. G," Bloom said. "But they are unaware of the depth of dissatisfaction citywide with this project. People are saying, ‘this is insane.’<0x2009>"

Bloom believes ARC’s report raised the ire of city leaders because they feared it would fall into the wrong hands and be used in a political campaign. "But I believe the city has let the community down by not facilitating a dialogue," Bloom observed.

In addition to questions about location of the stadium, the design of the park, the bridge over Yosemite Slough, and plans to cap a radiologically impacted landfill on Parcel E2, Bloom says the hidden story in all of this is the "unstudied cumulative impacts of the all the city’s development projects on the eastern waterfront."

Together, these projects will create 30,000 new units and attract 50,000 new residents, with Lennar’s CP/HPS development creating 10,500 units, 75 percent of which are slated to sell at market-rate prices, with condos beginning at the $500,000 mark.

"Lennar can’t possibly think they can build this number of houses and sell them at these prices, at least not for the next four years," Bloom said. "The city should have had a public dialogue about the stadium options instead of pulling a plan directly off the shelf that a reliable stadium development firm did. They say they’ve studied all these other options, but where are the studies?"

Bloom notes that Prop. G was not a mandate to build a bridge over Yosemite Slough, and that the city is currently miscounting the parks and open space acreage.

"You wonder why people have no faith," Bloom said. "To whom did the city make the overwhelming case about the park, or about putting a bridge over the slough? It seems their attitude was, ‘Bayview is a crummy neighborhood, so let’s bulldoze and rebuild it,’ whereas we look at the park and say it’s a promise unfulfilled."

He believes that Arc’s recommendation to remove Parcel E2 is a no-brainer: "You are protecting public health and the environment, creating jobs that help people pay their mortgages, and you are making the property more marketable, so value increases."

With the city having publicly committed to reviewing Arc’s material, Bloom is hopeful that the city will put the results of that study into the EIR. "We are not promoting any particular outcome," Bloom said, observing that if Lennar builds 10,000 units, BVHP will no longer be a predominantly African American neighborhood. "We are trying to be the entity that raises the difficult questions that people in city have felt, but [have] been afraid to voice, because they fear those questions will be used to stop the project in its entirety."

Reached by phone, Michael Cohen of the Mayor’s Office of Economic and Workforce Development noted that Lennar’s draft urban-design plan was completed five months ago, has been vetted extensively, and now includes 32 specific modifications based on those hearings.

"These are issues that will be addressed further," Cohen said of Arc’s report. "Some are infeasible, based on extensive technical studies. But we believe that if there is a stadium, it’s in absolutely the right position and that ARC doesn’t have an alternative plan. They haven’t done the necessary studies and they haven’t presented alternative plans that actually work."

As for Arc’s contention that Parcel E2 could be dug up and hauled out, Cohen notes that the city is in a legally binding agreement with the United States Navy, which is obligated to clean up the shipyard to a standard consistent with the city’s intended use. "We don’t control what the remedy is…. [If state and federal environment regulators] say the Navy has got to dig and haul so we can safely use it as a waterfront park, then that’s what they’ll do."

Cohen insisted that the Alice Griffith public housing project will be rebuilt, whether the 49ers stay or not, and that Lennar’s project will invest $10 million to turn "a grossly underused state park into a site comparable to Crissy Field."

Bad budget ideas

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EDITORIAL There’s nothing easy about solving a half-billion-dollar budget shortfall, and most of the people involved in the grisly process of making the numbers add up at San Francisco City Hall know there will be blood on the floor. Labor unions representing city workers know there will be layoffs, salary concessions, or both. Community-based organizations handling critical front-line services know they’ll have to reduce staff and curtail their mission-driven operations. The supervisors know that a lot of good projects and great ideas won’t get funded this year.

The mayor, unfortunately, isn’t acting as if this were a crisis at all — he’s been out of town more than he’s been around the past few weeks. The San Francisco Chamber of Commerce and, sadly, some small business leaders, are refusing to accept the idea that taxes — some taxes, not enough to stave off deep cuts, but enough to prevent disaster — ought to be part of any budget package.

And along with the cuts — which, as Rebecca Bowe reports on page 11, will have far-reaching implications for San Franciscans — a number of really bad ideas have been floated, most of them quick fixes that would generate cash for now, but lead to serious problems later.

Among the worst ideas the mayor has put forward — in fact, it’s one of the worst budget ideas we’ve ever heard — is the notion of increasing the number of condominium conversion permits from 200 per year to 1,500 per year, and possibly allowing every property owner waiting for a conversion permit to get one, now, for a price.

It’s true that selling off condo conversion permits would bring in revenue. Raffling off building permits and planning code variances would bring in money, and so would selling development rights in city parks, and so would auctioning off appointments to boards and commissions. There are lots of stupid ways to generate cash, and the fact that a proposal would be lucrative is not by itself an argument in favor of it — even in times like these.

There’s a good reason the city limits condo conversions. Nearly every piece of property that becomes a condominium was once a rental unit, and the speculative pressure to take rent-controlled apartments and turn them into market-rate condos is immense. It’s bad enough that tenants — particularly those with relatively low rent — face eviction every day because of the state’s Ellis Act and the push by real-estate interests to create tenancies in common. Without conversion limits, the number of those evictions would soar; rent control would be eviscerated, the cost of housing would rise, and the economic cleansing of San Francisco would roll forward another few giant steps.

Newsom and his real-estate industry allies like to say that this sort of proposal is painless, since nobody has to pay higher taxes. Only people who want to convert their units, and are willing to pay a high fee for the right, would wind up paying. But that’s silly — the tenants of San Francisco would pay the cost — an immense cost — while the wealthier property owners made profits.

Selling off the taxi medallions (see "Don’t privatize the cab medallions, 1/21/09), another Newsom idea, fits in the same category. In the short term, it could bring millions into the city coffers. Long term, it would turn control of the taxi industry back to speculators and big companies, hurting the drivers and the public.

The mayor (and Sup. Sean Elsbernd) also like to talk about eliminating set-asides — those parts of the budget that voters have earmarked for particular purposes. But most of that money (the Children’s Fund, for example) goes to worthy programs: eliminating the "set-aside" protecting doesn’t save any money unless you cut those programs.

There are plenty of good budget ideas out there (see "Beyond the bloody cuts, 12/17/08). But the supervisors ought to make it clear that the bad ones are off the table.

PS: Where were all these anti-tax folks in the Chamber and the small business community, and supervisors like Elsbernd, when the city had a chance to bring in millions without any new taxes — by creating a public power system or raising utility franchise fees? They were siding with Pacific Gas and Electric Co. That’s part of the reason we’re in this fix.

Preserving historic preservation

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By Tim Redmond

While most of us were glued to the inauguration in Washington, a significant battle has been brewing back at home over the city’s new Historic Preservation Commission. The commission was another of former Sup. Aaron Peskin’s parting gifts to the city, approved on the November 2008 ballot. It strengthens the city’s commitment to historic preservation and could become a powerful force against some of the most mindless acts of developers. It could, for example, have the authority to prevent the demolition of affordable rental housing in the name of pricey condos. It will certainly keep the city from allowing developers to bulldoze landmarks.

The mayor gets to appoint members to the panel, and the Board of Supervisors has to confirm those nominees. Most of the people Gavin Newsom has proposed are decent enough. But preservationists are up in arms over the nomination of Jonathan Perlman.

Perlman is an architect, but his critics say he utterly fails to meet the qualifications for the commission (PDF File). He’s well known in preservationist circles as the developer rep who sought to demolish the Harding Theater. The Harding is a historic building designed by the Reid Brothers. According to the organized, active group of Harding supporters:

the theater remains remarkably intact. In fact, the Harding is the most intact of the Reid Brothers theaters in San Francisco and still appears much as it did in the 1920s. The theater retains original seats and the fire curtain dating to the opening of the theater. The entrance, floor and aisle plan, balcony, proscenium arch, stage, and decorative ceiling remain intact, as well as significant plaster detail. The auditorium is unique in retaining an original sense of place from the “pre-talkie” days.

And yet, Perlman tried to argue that the place has little merit and that it was fine to turn it into condos. He wanted that done without even an environmental impact report. The Planning Commission and the supervisors have refused to go along.

Perlman refers to supporters of the Harding, who include the widely respected SF Heritage, as “obstructionists.” But as preservationist David Tornheim notes, “without the opponents’s ‘obstructionist tactics,’ the developer, with Mr. Perlman’s assistance, would have succeed in demolishing a certified historic building without environmental review.”

Peskin is lobbying against the nomination, which makes sense: Perlman’s record put him directly at odds with the intent of the new commission. The Rules Committee votes on this Jan. 22. It ought to be a no-brainer.

Editor’s Notes

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› tredmond@sfbg.com

The Board of Supervisors passed the Eastern Neighborhoods Plan last week, in what seemed to be an awful rush. If it had been my call, I’d have left the transformative rezoning to the next board, which will have to deal with the impacts of it. But that wasn’t to be. The meeting was marked by Board President Aaron Peskin pushing a series of crucial amendments that Sup. Sean Elsbernd wanted to delay — and that Mayor Gavin Newsom may veto. That will force an override vote, and it will be close.

So one of the most important land use decisions in the history of San Francisco is going to be coming down during the holiday season, during the last few weeks that the outgoing board is in place, and possibly after Sup. Tom Ammiano — a solid progressive vote — has left for Sacramento.

This is not good.

The plan itself is a bit out of date — it was designed for a time when developers were champing at the bit to build market-rate housing in southeastern San Francisco. And while housing demand in this city is still strong, the market has dropped a bit, and the notion that fees on high-end condos will be paying for affordable housing and infrastructure is a lot more shaky these days.

I was never that thrilled with the rezoning anyway — it allows way too much expensive housing, nowhere near enough affordable housing, and the fees that developers will pay are utterly inadequate to fund the level of transportation, parks, schools, water and sewer pipes, and other facilities the area needs.

But at least the amendments add some sanity to the plan. One of Peskin’s proposals would mandate that developers who get a conditional use permit for their projects actually start building within three years — or lose their right to special zoning. That not only makes sense, it’s an anti-speculation measure — you can’t just buy up land, get special permission for additional height and density, and then sit on it until you can flip the property for more cash.

Of course, the Mayor’s Office is getting flooded with calls from developers who think this is just an outrage. The builders are also unhappy with another amendment, which requires the city to monitor the payment of building fees to make sure they’re coming in on time and going to the right places.

So if the mayor holds true to form, he’s going to veto those parts of the plan, and right now, progressives don’t have eight votes to override him. If that’s how it goes down, then the new board needs to take up the issue again in January. And while the new supes are at it, maybe they can try to raise the development fees.

The good news is that the lower the housing market goes, the more competitive nonprofit developers can be. And if the Obama administration comes through with some federal affordable housing money, the community-based organizations could be the ones driving the new wave of construction.

It sucks that Prop. B didn’t pass, because this is a rare opportunity for the public sector and the nonprofits to grab building sites. The supervisors can still allocate money for affordable housing in the next budget. And if there’s federal money to match it, Newsom, who refused to spend the last allocation, should be hammered by every part of the city if he screws up this sort of chance.

Nix Lennar’s higher profit deal

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EDITORIAL The troubled homebuilder that wants to develop the Hunters Point Shipyard and Candlestick Point has come back to the city asking for a higher profit level, more market-rate housing, more retail, and more office space. In essence, Lennar Corp. wants to change the deal voters approved in June. The supervisors should give this a hard look, hold hearings, and check the numbers, because the entire project is looking more shaky and dubious by the day.

Lennar is one of the nation’s largest residential development companies, but it’s been walloped by the drop in the housing market. A Lennar project at Mare Island recently went bust and is being auctioned off. The company’s stock has tanked. And some wonder if it will be able to get the financing necessary for a multibillion dollar project in San Francisco.

But Lennar is not only moving forward — it’s demanding more. In fact, as Sarah Phelan reports on page 16, the Redevelopment Agency just signed a deal with Lennar agreeing that the city and the project sponsor "will work cooperatively to reduce risks and uncertainties" and "find additional efficiencies and values" to achieve the developer’s proposed 22.5 percent annual return target.

That 22.5 percent — which is far more profit than many San Francisco businesses ever make and seems almost obscene in this economic climate — is up 7.5 percent from when the deal was first signed. And remember, Lennar gets the land — public land — essentially free.

Of course, a consulting firm the city hired to evaluate the deal finds that perfectly reasonable. The firm, CBRE Consulting, is a subsidiary of CB Richard Ellis, a global real estate firm headed by Richard Blum, who is married to Sen. Dianne Feinstein, a big supporter of the Lennar plan.

The original plan called for 8,500 to 10,000 housing units; that’s now up to 10,500. There’s no significant increase in community amenities, affordable housing, or infrastructure payments.

If this sounds a little funky, it is. From the start, Lennar has been playing around with the numbers and promising more than it may be able to deliver. And if the project starts to go belly up before it’s finished, Lennar will walk away and leave the city with the mess.

We’ve always been a bit dubious about the way the Redevelopment Agency turns to a single "master developer" and gives that private outfit exclusive rights to build on a large piece of land. The deal always seems to be a lot better for the builder than it is for the city.

And this one was bad from the start. At the most, Lennar would offer 25 percent of the units at below-market rates; that’s less than half the amount of affordable housing mandated in the city’s general plan. Much of the land on the site is toxic, and Lennar has been steeply fined by the air quality board for failing to control asbestos dust. The whole concept of a suburban-style community of luxury condos with special freeway access in southeastern San Francisco is inappropriate, if not bizarre.

But voters approved the program after Lennar spent millions on a ballot measure campaign, so the city has to continue working with the developer. But there’s nothing that says the supervisors have to sign off on changes in the deal that don’t serve San Francisco’s interests.

The board ought to demand, at the very least, that Lennar devote some of its higher profit margin to increasing affordable housing — and that the funding for community amenities should be set aside before the builders break ground on the luxury condos. Ideally this entire thing should go back to the drawing board. But short of that, any changes need to benefit the city, not the private developer.

Downtown’s planner

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> amanda@sfbg.com

The battle for the district 1 supervisor’s seat is being framed largely by politically conservative groups, funded by real estate and development, that are spending thousands of dollars supporting former planning commissioner Sue Lee over school board member Eric Mar.

An incestuous web of independent expenditure and political action committees have collectively spent enough against Mar to blow the $140,000 cap off the voluntary expenditure ceiling that all the candidates in that district agreed to.

The money’s coming from the Building Owners and Managers Association, Plan C, the Coalition for Responsible Growth, and the San Francisco Association of Realtors. Although these groups can’t legally work directly with candidates, they typically swap funds among each other and receive outside support from the deep pockets at the Chamber of Commerce, Committee on Jobs, and Pacific Gas and Electric Co.

According to Ethics Commission executive director John St. Croix, the $140,000 cap was lifted on Friday, Oct. 24, which means the candidates are now free to spend up to their individual campaign limits, which are different for Lee, Mar, and Alicia Wang, the other major contender for the seat.

All three are receiving public financing — but so much outside money is being spent in support of Lee that, to keep pace, the individual spending caps for Mar and Wang have been raised and are now higher than Lee’s.

AGAINST THE NEIGHBORHOODS


Lee, who worked for Willie Brown’s mayoral administration and was public relations director for the Chamber of Commerce, now runs the Chinese Historical Society of America. Her voting record on the Planning Commission has been consistently pro-development and anti-neighborhood. Some examples from her final months on the commission:

<\!s> On April 10, 2008, she approved a mixed-use development at 736 Valencia St. and removed community benefits and below-market-rate unit requirements — against the wishes of community members and housing rights activists.

<\!s> On March 27, 2008, she was the only commissioner to vote against modifications to a rooftop remodeling project at 1420 Montgomery St. that would have pacified neighbors concerned about the scale and character of the plan.

<\!s> On March 13, 2008 she supported a conditional-use permit for a formula-retail paint store at Cesar Chavez and South Van Ness despite concerns about its effect on nearby small businesses.

<\!s> On Feb. 28, 2008, she approved a remodeling of a two-story flat on Potrero Ave. that opponents, including the next-door neighbors, characterized as a demolition in disguise.

"Her voting record for the past three years is crystal clear," one lawyer who represents neighborhood interests at the commission told us. "Given a choice between supporting neighborhood interests, long-term residents and the interests of the little guy or supporting development interests and the big- money people who are busy in our residential neighborhoods, she chooses the latter every time."

The lawyer, who regularly appears before the planning panel and asked not to be named, added: "She has supported big-box retail in our neighborhoods over the objections of neighbors. She has supported the destruction of rent-controlled housing and low-scale, more affordable housing that is being remodeled out of existence."

"She’s a total pay to play," said Robert Haaland, a labor activist with Service Employees International Union Local 1021, which is deeply vested in independent expenditures supporting Mar. "Her donations can be tracked back to decisions she made as planning commissioner."

For example, Lee voted in favor of a plan by Martin Building Company to convert a city-owned building on Jessie Street into 25 luxury condos that now rent for about $3,000 a month. Martin’s owner, Patrick McNerney is a Lee campaign donor. Also contributing to Lee is Eric Tao of AGI Capital, which helped finance the Soma Grand development, a project opposed by sustainable growth organizations like Livable City, the San Francisco Bicycle Coalition, Walk SF, and the Sierra Club. Lee voted in favor of it.

In 2006, Lee approved lifting the downtown height restrictions from 150 feet to 250 feet for a 189-unit building with ground level retail on Howard Street. The project sponsor, Ezra Mercy, gave Lee’s campaign the maximum legal donation of $500.

In fact, her campaign has received thousands of dollars in individual contributions — and according to our analysis, more than half has come from real estate developers, attorneys, and builders, including some who appear frequently before the Planning Commission, such as executives from Wilson Meany Sullivan, CB Richard Ellis, and Millennium Partners.

Lee did not return a call seeking comment.

MISLEADING THE VOTERS


The same day the spending cap was lifted, Mar alleged the local Democratic Party’s name was being improperly used by a new group calling itself the "San Francisco Democratic Club." First reported by Paul Hogarth on the online news site BeyondChron, the club is apparently composed of Democratic County Central Committee defectors who disagreed with the party’s endorsements for the Nov. 4 election.

The group’s treasurer, Mike Riordan, is also a deputy political director of PG&E’s Stop the Blank Check Committee, which is mounting the $10 million campaign against the Clean Energy Act. PG&E gave $30,000 to this new democratic club, the members of which have not been revealed.

Riordan hired DCCC member Tom Hseih’s firm to send robocalls in Cantonese to Asian voters urging support for Lee over DCCC-endorsed Mar. The endorsement script referred to the group as the "San Francisco Democratic Party Club." Mar said it was a misleading way to align this new club with the DCCC.

When asked if the club’s use of the Democratic Party name and membership to support candidates and issues that haven’t received the party’s vote was their intention, Hsieh told the Guardian, "Yeah, and you know what? That’s covered under the First Amendment."

Sup. Aaron Peskin, who chairs the DCCC and spoke on its behalf in support of Mar at two recent rallies, said, "at minimum, it’s misleading. At maximum it’s a violation of the party rules and punishable by removal." He said there was a credible argument and evidence supporting Mar’s allegation, but that it’s something the DCCC would have to deal with in its own house, likely after Nov. 4.

Anniversary Issue: Culture isn’t convenient

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› molly@sfbg.com

San Francisco is the playpen of countercultures.

— R.Z. Sheppard, Time (1986)

I live near Church and Market streets, which means I’m stumbling distance from an organic grocery store, my favorite bar, several Muni stops, and a 24-hour diner. It also means the street outside my apartment is usually loud, the gutters are disgusting, there are rarely parking spots, and transients sleep, smoke, panhandle, and play really bad music near my front doorstep.

Actually, until recently, they did a lot of this on my front doorstep. Then the landlords — without asking us first — installed a gate. And I hate it. Yes, my stairs are cleaner. I suppose my stuff is safer. But I’m no longer as connected to my community. I’m separated from the life that’s happening on the street — the very reason I moved to this neighborhood in the first place. I fear I’ve lost more than I’ve gained.

Lately our city’s approach to entertainment and nightlife has been like that fence. While protecting people from noise, mess, and potential safety concerns, we’re threatening the very things we love about this city. Thanks to dwindling city budgets and increasingly vocal NIMBYs, it’s becoming increasingly more difficult to manage nightclubs, plan street fairs, and organize outdoor festivals. And as we continue to build million-dollar condos at a brisk place, the city is filling up with affluent residents who may not appreciate the inherent messiness of city living. We’re at risk of locking away (and therefore losing) the events that make this a vibrant place where we want to live.

The recent history of this issue can be traced to the 1990s, when dot-com gold brought live/work lofts to otherwise non-residential neighborhoods — and plenty of new residents to live in them. Those newcomers, perhaps used to the peace and quiet of the suburbs, or maybe expecting more comfort in exchange for their exorbitant monthly rent checks, didn’t want to hear the End Up’s late-night set or deal with riffraff from Folsom Street Fair peeing in their driveways. Conflicts escalated. The Police Department station in SoMa, responsible for issuing venue permits and for enforcing their conditions, embarked on a plan to shut down half the area’s nightclubs. Luckily, city government and citizens agreed to save the threatened venues and the police captain responsible for the proposal was transferred to the airport, the San Francisco equivalent of political exile. In 2003, the Entertainment Commission was formed, in part to take over the role of granting venue and event permits.

But as Guardian readers know, the problem was not solved. As we’ve covered in several stories ["The death of fun" (05/23/06), "Death of fun, the sequel," (04/25/07), "Fighting for the right to party" (07/02/08)], beloved events and venues are still at risk. How Weird Street Fair was forced to change locations. Halloween in the Castro District was cancelled altogether. Alcohol was banned at the Haight Ashbury Street Fair and restricted at the North Beach Jazz Festival. Fees are still increasing. Rules are getting more stringent. As we predicted, it’s getting harder and harder to have fun in San Francisco. And while it’s the job of the Entertainment Commission to prevent problems while protecting our right to party, it has never been given enough funding, staff or authority to properly do its job.

So why should we care? Our legendary nightlife, festivals, and parades bring international tourists to our city — where they stay in hotels, eat at restaurants, shop at stores, and otherwise pump money into our economy. Street fairs give us ways to connect to our neighbors and our neighborhoods. Free events (which, if permit fees increase and alcohol sales are prohibited, will be a thing of the past) give equal access to fun and frivolity to people in all income brackets — and most raise money for charities and nonprofits. Particular venues and happenings provide an important way for those in the counterculture — whether that’s LGBT youth or progressive artists — to meet, mingle, and support each other. And none of that captures the intangible quality of living in a city where freedom, tolerance, and the pursuit of a good time are supported. And all this is one of the reasons many of us moved here, where we pay taxes (and parking tickets), open businesses, start organizations, and contribute to our already diverse and vibrant population.

But if we don’t establish a way to protect our culture, personally and legally, we may lose it. Instead, we need an overarching policy that establishes our values as well as the legal ways we can go about supporting them. The Music and Culture Charter Amendment, in the works for more than three years and currently sitting before the Board of Supervisors, aims to do exactly this.

The most important part of the amendment, created by a coalition of artists, musicians, event planners, club owners, and concerned citizens who call themselves Save SF Culture, would be to revise San Francisco’s General Plan to include an entertainment and nightlife element, just as the current plan contains an entire section devoted to the protection of (presumably mainstream) dance, theater, music, and art, calling them "central to the essence and character of the city." Not only would this amendment mandate that future lawmakers try to preserve events and venues, it would give a roadmap on how to do this effectively — most notably by creating a streamlined, transparent, online permitting process for special events.

Yet even if this important amendment passes and wins the mayor’s signature (which is hardly a sure thing), that’s just the beginning of a process of figuring out how to sustain San Francisco’s culture in the face of potentially threatening socioeconomic changes. At the very least, the next step will be giving the Entertainment Commission the full funding and staff (it currently operates with five of the eight staffers required). And once our beloved clubs and events are out of immediate danger, it will be time to form a coalition of citizens, government officials, and city planners to decide how and where culture in our city should grow, asking questions like whether or not we want a large-scale amphitheater or if we need to designate an area as an entertainment district. Most important, the city needs to develop a framework for resolving the inevitable conflicts with NIMBYs in a way that promotes a vibrant culture.

Yet there’s also a role in this process for each citizen of San Francisco. We need to remind ourselves and our neighbors that tolerance is one of our core civic values, tolerance for different races, classes, genders, sexual identities, and for the potentially noisy, messy, chaotic ways our culture supports those differences. If we erect a gate — physical or metaphorical — every time we’re uncomfortable or inconvenienced, we’ll turn San Francisco into the sanitized, homogenous, boring suburbs that I moved to Church and Market to escape. *

Anniversary Issue: First, do no harm

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> sarah@sfbg.com

Mayor Gavin Newsom announced last week that San Francisco is "on pace" to build a historic number of homes in a five-year period.

"Despite the housing crisis facing the nation, San Francisco is bucking the trends and creating a record number of homes," Newsom said. "Once again, San Francisco is leading the way."

But where?

Newsom notes that his housing-development plans will triple what San Francisco produced in the ’90s, and double the past decade’s housing production. He claims that he has increased the city’s production of affordable housing for low- and very-low-income households to the highest levels ever.

But he doesn’t point out that most people who work in San Francisco won’t be able to afford the 54,000 housing units coming down the planning pipeline.

The truth is that, under Newsom’s current plans, San Francisco is on pace to expand its role as Silicon Valley’s bedroom community, further displace its lower- and middle-income workers, and thereby increase the city’s carbon footprint. All in the supposed name of combating global warming.

So, what can we do to create a truly sustainable land-use plan for San Francisco?

<\!s> Vote Yes on Prop. B

In an Oct. 16 San Francisco Chronicle article, Newsom tried to criticize the Board of Supervisors for not redirecting more money to affordable housing, and for placing an affordable housing set-aside on the ballot.

"There’s nothing stopping the Board of Supervisors from redirecting money for more affordable housing," Newsom claimed. "Why didn’t they redirect money to affordable housing this year if they care so much about it?"

Ah, but they did. Newsom refused to spend the $33 million that a veto-proof majority of the Board appropriated for affordable housing last year. Which is why eight supervisors placed Prop. B, an annual budget allocation for the next 15 years, on the Nov. 2008 ballot.

<\!s> Radically redirect sprawl

The San Francisco Planning and Urban Research Association’s executive director, Gabriel Metcalf, notes that existing Northern California cities —San Francisco, Oakland, San Jose — already have street, sewer, and transit grids, and mixed-use development in place.

"So we don’t have to allow one more inch of suburban sprawl. We could channel 100 percent of regional growth into cities. Instead, we hold workshops and ask ‘How much growth can we accommodate? The answer is none, because no one likes to change."

Metcalf said he believes people should be able to work where they want, provided that it’s reachable by public transit.

"What’s wrong with taking BART to Oakland and Berkeley, or Caltrain to San Jose?" Metcalf said.

<\!s> Don’t do dumbass growth

Housing activist and Prop. B supporter Calvin Welch rails at what he describes as "the perversion of smart growth in local planning circles."

The essence of smart growth is that you cut down the distance between where people work and live, Welch explains.

"But that makes the assumption that the price of the housing you build along transit corridors is affordable to the workforce that you want to get onto public transit," Welch adds. "If it’s not, it’s unlikely they’ll get out of their cars. Worse, if you produce housing that is only affordable to the community that works in Silicon Valley, you create a big problem in reverse, a regional transit shortage. Because you are building housing for folks who work in a place that is not connected to San Francisco by public transit."

Welch says the city also needs to invest more in transit infrastructure.

Pointing to Market-Octavia and the Eastern Neighborhoods, Welch notes that while the City Planning Department is calling for increased density there, Muni is proposing service cuts.

"This is beyond bizarre," Welch said. "It will result in dramatic increases in density in areas that are poorly served by transit. That’s the dumbest kind of growth."

Welch says sustainable land use has local employment opportunities at its heart.

Noting that 70 percent of residents worked in San Francisco 20 years ago, Welch says that only a little over 50 percent of local jobs are held by San Franciscans today.

"Most local jobs are held by people who live outside San Francisco, and most San Franciscans have to go elsewhere to find work. It’s environmentally catastrophic."

<\!s> Protect endangered communities

Earlier this year, members of a mayoral task force reported that San Francisco is losing its black population faster than any other large US city. That decline will continue, the task force warned, unless immediate steps are taken.

Ironically, the task force’s findings weren’t made public until after voters green-lighted Lennar’s plan to develop 10,000 (predominantly luxury) units in Bayview-Hunters Point, one of the last African American communities in town.

San Francisco Redevelopment Agency Executive Director Fred Blackwell has since recommended expanding his agency’s certificate of preference program to give people displaced by redevelopment access to all of the city’s affordable housing programs, an idea that the Board of Supervisors gave its initial nod to in early October. But that’s just a Band-Aid.

And community leader and Nation of Islam Minister Christopher Muhammad has suggested creating "endangered community zones" — places where residents are protected from displacement — in Bayview-Hunters Point and the Western Addition.

"It’s revolutionary, but doable," Muhammad said at the out-migration task force hearing.

<\!s> Don’t build car-oriented developments

BART director and Livable City executive Tom Radulovich predicts a silver lining in the current economic crisis: "The city will probably lose Lennar."

He’s talking about two million square feet of office space and 6,000 square feet of retail space that Lennar Corp., the financially troubled developer, is proposing in Southeast San Francisco.

"We should not be building an automobile-oriented office park in the Bayview," Radulovich said. "Well-meaning folks in the Planning Department are saying we need walkable cities, but Michael Cohen in the Mayor’s Office is planning an Orange County-style sprawl that will undo any good we do elsewhere. This is the Jekyll and Hyde of city planning."

<\!s> Buy housing

Ted Gullicksen at the San Francisco Tenants Union says that since land in San Francisco only increases in value, the city should buy up apartment buildings and turn them into co-ops and land-trust housing.

"The city should try to get as much housing off-market as possible, grab it now, while it’s coming up for sale, especially foreclosed properties," Gullicksen said. "That’s way quicker than trying to build, which takes years. And by retaining ownership, the city also retains control over what happens to the land."

<\!s> Work with nonprofit developers

Gullicksen said that the city should work with small nonprofits, and not big master developers, to create interesting, diverse neighborhoods.

Local architect David Baker says nonprofits are more likely to build affordable housing than private developers, even when the city mandates that a certain percentage of new housing must be sold below market rate.

"Thanks to the market crash, very little market rate housing is going to be built in the next five years, which means almost no inclusionary," Baker explains. "During a housing boom, you can jack up that percentage rate to 15 percent, or 20 percent, but then the boom crashes, and nothing gets built."

Gullicksen says the good news is that planners are beginning to think about how to create walkable, vibrant, and safe cities.

"They are thinking about pedestrian-oriented entrances and transparent storefronts, about hiding parking and leaving no blank walls on ground floors. Corner stores, which are prohibited in most neighborhoods, are a great amenity.

"San Francisco needs to figure out where it can put housing without destroying existing neighborhoods, or encroaching on lands appropriate for jobs."

<\!s> Design whole neighborhoods

Jim Meko, chair of the SoMa Leadership Council, was part of a community planning task force for the Western SoMa neighborhood. He told us that one of the most important things his group did was think about development and preservation in a holistic way.

"WSOMA’s idea is to plan a whole neighborhood, rather than simply re-zoning an area, which is how the Eastern Neighborhoods plan started," Meko said. "Re-zoning translates into figuring out how many units you can build and how many jobs you will lose. That’s a failed approach. It’s not smart growth. If you displace jobs, the economic vitality goes elsewhere, and people have to leave their neighborhood to find parks, recreational facilities and schools."

Meko noted that "housing has become an international investment. It’s why people from all around the world are snapping up condos along the eastern waterfront. But they are not building a neighborhood."

San Francisco, Meko said, "has the worst record of any US city when it comes to setting aside space for jobs in the service and light industrial sector. But those are exactly the kinds of jobs we need. The Financial District needs people to clean their buildings, and I need people to repair my printing press. But I don’t like having to pay them $165 an hour travel time."

<\!s> Practice low-impact development

Baker recommends that the city stop allowing air-conditioned offices.

"We’ve got great weather, we need to retrofit buildings with openable windows," he said. "We should stop analyzing the environmental impact of our buildings based on national tables. This stops us from making more pedestrian friendly streets. And people should have to pay a carbon fee to build a parking space."

A citywide green building ordinance goes into effect Nov. 3 and new storm water provisions follow in January, according to the SFPUC’s Rosey Jencks.

This greening impetus comes in response to San Francisco’s uniquely inconvenient truth: surrounded by rising seas on three sides, the city has a combined sewer system. That means that the more we green our city, the more we slow down the rate at which runoff mixes with sewage, the more we reduce the risk of floods and overflows, and the more we reduce the rate at which we’ll have to pump SoMa, as rising seas threaten to inundate our sewage system.

The SFPUC also appears committed to replacing ten seismically challenged and stinky digesters at its southeast plant.

<\!s> Strictly control the type of new housing

Marc Salomon, who served with Meko on the task force, told us he thinks the city needs to create a "boom-proof" development plan, "a Prop. M for housing." That’s a reference to the landmark 1986 measure that strictly limited new commercial office development and forced developers to compete for permits by offering amenities to the city.

The city’s General Plan currently mandates that roughly two-thirds of all new housing be affordable — but the city’s nowhere near that goal. And building a city where the vast majority of the population is rich is almost the definition of unsustainability.

"Too much construction is not sustainable at any one time, nor is too much uniform development," Salomon said. "If we see too many banks, coffee shops or dot-com offices coming in, we need hearings. We need to adopt tools now, so can stop and get things under control next time one of these waves hits. And since infrastructure and city services are in the economic hole, we need to make sure that new development pays for itself." *

Endorsements 2008: San Francisco measures

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SAN FRANCISCO MEASURES

Proposition A

San Francisco General Hospital bonds

YES, YES, YES


This critically needed $887 million bond would be used to rebuild the San Francisco General Hospital and Trauma Center, which is currently not up to seismic safety codes. If the hospital isn’t brought into seismic compliance by 2013, the state has threatened to shut it down.

Proposition A has the support of just about everyone in town: Sen. Dianne Feinstein, Rep. Nancy Pelosi, all four state legislators from San Francisco, Mayor Gavin Newsom, former mayors Willie Brown and Frank Jordan, all 11 supervisors, the San Francisco Chamber of Commerce, Service Employees International Union, Local 1021 … the list goes on and on.

And for good reason: SF General is not only the hospital of last resort for many San Franciscans and the linchpin of the entire Healthy San Francisco system. It’s also the only trauma center in the area. Without SF General, trauma patients would have to travel to Palo Alto for the nearest available facility.

Just about the only opposition is coming from the Coalition for Better Housing. This deep-pocketed landlord group is threatening to sink the hospital bond unless it gets concessions on Sup. Michela Alioto-Pier’s legislation that would allow landlords to pass the costs of the $4 billion rebuild of the city’s Hetch Hetchy water, sewage, and power system through to their tenants.

These deplorable tactics should make voters, most of whom are tenants, even more determined to see Prop. A pass. Vote yes.

Proposition B

Affordable housing fund

YES, YES, YES


Housing isn’t just the most contentious issue in San Francisco; it’s the defining issue, the one that will determine whether the city of tomorrow bears any resemblance to the city of today.

San Francisco is on the brink of becoming a city of the rich and only the rich, a bedroom community for Silicon Valley and an urban nest for wealthy retirees. Some 90 percent of current city residents can’t afford the cost of a median-priced house, and working-class people are getting displaced by the day. Tenants are thrown out when their rent-controlled apartments are converted to condos. Young families find they can’t rent or buy a place with enough room for kids and are forced to move to the far suburbs. Seniors and people on fixed incomes find there are virtually no housing choices for them in the market, and many wind up on the streets. Small businesses suffer because their employees can’t afford to live here; the environment suffers because so many San Francisco workers must commute long distances to find affordable housing.

And meanwhile, the city continues to allow developers to build million-dollar condos for the rich.

Proposition B alone won’t solve the problem, but it would be a major first step. The measure would set aside a small percentage of the city’s property-tax revenue — enough to generate about $33 million a year — for affordable housing. It would set a baseline appropriation to defend the money the city currently spends on housing. It would expire in 15 years.

Given the state of the city’s housing crisis, $33 million is a fairly modest sum — but with a guaranteed funding stream, the city can seek matching federal and state funds and leverage that over 15 years into billions of dollars to build housing for everyone from very low-income people to middle-class families.

Prop. B doesn’t raise taxes, and if the two revenue measures on the ballot, Propositions N and Q, pass, there will be more than enough money to fund it without any impact on city services.

The mayor and some other conservative critics say that set-asides such as this one cripple the ability of elected officials to make tough budget choices. But money for affordable housing isn’t a choice anymore in San Francisco; it’s a necessity. If the city can’t take dramatic steps to retain its lower-income and working-class residents, the city as we know it will cease to exist. A city of the rich is not only an appalling concept; it’s simply unsustainable.

The private market alone can’t solve San Francisco’s housing crisis. Vote yes on B.

Proposition C

Ban city employees from commissions

NO


Proposition C would prohibit city employees from serving on boards and commissions. Sponsored by Sup. Jake McGoldrick, it seems to make logical sense — why should a city department head, for example, sit on a policy panel that oversees city departments?

But the flaw in Prop. C is that it excludes all city employees, not just senior managers. We see no reason why, for example, a frontline city gardener or nurse should be barred from ever serving on a board or commission. We’re opposing this now, but we urge the supervisors to come back with a new version that applies only to employees who are exempt from civil service — that is, managers and political appointees.

Proposition D

Financing Pier 70 waterfront district

YES


Pier 70 was once the launching pad for America’s imperial ambitions in the Pacific, but it’s sadly fallen into disrepair, like most Port of San Francisco property. The site’s historic significance and potential for economic development (think Monterey’s Cannery Row) have led port officials and all 11 members of the Board of Supervisors to put forward this proposal to prime the pump with a public infrastructure investment that would be paid back with interest.

The measure would authorize the Board of Supervisors to enter into long-term leases consistent with the forthcoming land use and fiscal plans for the site, and to front the money for development of roads and waterfront parks, refurbishing Union Iron Works, and other infrastructure work, all of which would be paid back through tax revenue generated by development of the dormant site. It’s a good deal. Vote yes.

Proposition E

Recall reform

YES


The recall is an important tool that dates back to the state’s progressive era, but San Francisco’s low signature threshold for removing an officeholder makes it subject to abuse. That’s why the Guardian called for this reform ("Reform the Recall," 6/13/07) last year when downtown interests were funding simultaneous recall efforts (promoted by single-issue interest groups) against three progressive supervisors: Jake McGoldrick, Aaron Peskin, and Chris Daly. The efforts weren’t successful, but they diverted time and energy away from the important work of running the city.

This measure would bring the City Charter into conformity with state law, raising the signature threshold from 10 percent of registered voters to 20 percent in most supervisorial districts, and leaving it at 10 percent for citywide office. The sliding-scale state standard is what most California counties use, offering citizens a way to remove unaccountable representatives without letting a fringe-group recall be used as an extortive threat against elected officials who make difficult decisions that don’t please everyone.

Proposition F

Mayoral election in even-numbered years

YES


This one’s a close call, and there are good arguments on both sides. Sponsored by Sup. Jake McGoldrick, Proposition F would move mayoral elections to the same year as presidential elections. The pros: Increased turnout, which tends to favor progressive candidates, and some savings to the city from the elimination of an off-year election. The cons: The mayor’s race might be eclipsed by the presidential campaigns. In a city where the major daily paper and TV stations have a hard time covering local elections in the best of times, the public could miss out on any real scrutiny of mayoral candidates.

Here’s what convinced us: San Francisco hasn’t elected a true progressive mayor in decades. The system we have isn’t working; it’s worth trying something else.

Proposition G

Retirement system credit for unpaid parental leave

YES


Proposition G brings equity to city employees who started families before July 1, 2003. Currently this group is unable to benefit from a 2002 charter amendment that provides city employees with paid parental leave. Prop. G gives these parents the opportunity to buy back unpaid parental leave and earn retirement credits for that period.

Critics charge that Prop. G changes the underlying premise of the city’s retirement plan and that this attempt to cure a perceived disparity creates a precedent whereby voters could be asked to remedy disparities anytime benefit changes are made. They claim that there are no guarantees Prop. G won’t end up costing the taxpayers money.

But Prop. G, which is supported by the San Francisco Democratic and Republican Parties, the Chamber of Commerce, SEIU Local 1021, the Police Officers Association, and San Francisco Firefighters 798, simply allows city workers to buy back at their own expense some of their missed retirement benefits, thereby creating a fiscally responsible solution to an oversight in the 2003 charter amendment.

Proposition H

Clean Energy Act

YES, YES, YES


Proposition H is long, long overdue. This charter amendment would require the city to study how to efficiently and affordably achieve 51 percent renewable energy by 2017, scaled up to 100 percent by 2040. Should the study find that a publicly owned utility infrastructure would be most effective, it would allow the San Francisco Public Utilities Commission (SFPUC) to issue revenue bonds, with approval from the Board of Supervisors, to purchase the necessary lines, poles, and power-generation facilities. The measure includes a green jobs initiative and safeguards benefits and retirement packages for employees who leave Pacific Gas and Electric Co. to work for the SFPUC.

PG&E hates this because it could put the giant private company out of business in San Francisco, and the company has already spent millions of dollars spreading false information about the measure. PG&E says the proposal would cost $4 billion and raise electric bills by $400 a year for residents, but there’s no verifiable proof that these figures are accurate. An analysis done by the Guardian (see "Cleaner and Cheaper," 9/10/08) shows that rates could actually be reduced and the city would still generate excess revenue.

PG&E has also spun issuing revenue bonds without a vote of the people as a bad thing — it’s not. Other city departments already issue revenue bonds without a vote. The solvency of revenue bonds is based on a guaranteed revenue stream — that is, the city would pay back the bonds with the money it makes selling electricity. There’s no cost and no risk to the taxpayers. In fact, unless the city can prove that enough money would be generated to cover the cost of the bond plus interest, the bond won’t fly with investors.

At a time when utility companies are clinging to old technologies or hoping for pie-in-the-sky solutions like "clean coal," this measure is desperately needed and would set a precedent for the country. Environmental leaders like Bill McKibben and Van Jones, who both endorsed the bill, are watching San Francisco closely on this. Prop. H has been endorsed by 8 of the 11 supervisors, Assemblymembers Mark Leno and Fiona Ma, state senator Carole Migden, the Democratic Party, the Green Party, SEIU Local 1021, the Sierra Club, Senior Action Network, the Harvey Milk LGBT Democratic Club, the Alice B. Toklas LGBT Democratic Club, and the San Francisco Tenants Union, among many others.

The bulk of the opposition comes from PG&E, which is entirely funding the No on H campaign and paid for 22 of 30 ballot arguments against it. The company also has given money, in one way or another, to all the public officials who oppose this measure, including Mayor Gavin Newsom, Sen. Dianne Feinstein, and Sups. Michela Alioto-Pier, Carmen Chu, and Sean Elsbernd.

Prop. H pits a utility that can’t meet the state’s modest renewable-energy goals and runs a nuclear power plant against every environmental group and leader in town. Vote yes.

Proposition I

Independent ratepayer advocate

NO


At face value, this measure isn’t bad, but it’s superfluous. It’s a charter amendment that would establish an independent ratepayer advocate, appointed by the city administrator and tasked with advising the SFPUC on all things related to utility rates and revenue. Passing Prop. H would do that too.

Proposition I was put on the ballot by Sup. Michela Alioto-Pier as a way to save face after her ardent opposition to the city’s plan to build two peaker power plants, in which she made impassioned pleas for more renewable energy and more energy oversight. (She opposes Prop. H, which would create both.) During the debate over the peaker power plants, Alioto-Pier introduced a variety of bills, including this one. There isn’t any visible campaign or opposition to it, but there’s no need for it. Vote yes on H, and no on I.

Proposition J

Historic preservation commission

YES


There’s something in this measure for everyone to like, both the developers who seek to alter historic buildings and the preservationists who often oppose them. It adopts the best practices of other major US cities and updates 40-year-old rules that govern the Landmark Preservation Advisory Board.

Proposition J, sponsored by Sup. Aaron Peskin, would replace that nine-member board with a seven-member commission that would have a bit more authority and whose members would be preservation experts appointed by the mayor, approved by the board, and serving fixed terms to avoid political pressures. It would set review standards that vary by project type, allowing streamlined staff-level approval for small projects and direct appeals to the Board of Supervisors for big, controversial proposals.

This was a collaborative proposal with buy-in from all stakeholders, and it’s formally opposed only by the Small Property Owners of San Francisco, an extremist property rights group. Vote yes.

Proposition K

Decriminalizing sex work

YES


We’re not big fans of vice laws; generally speaking, we’ve always believed that drugs, gambling, and prostitution ought to be legalized, tightly regulated, and heavily taxed. Proposition K doesn’t go that far — all it does is make enforcement of the prostitution laws a low priority for the San Francisco Police Department. It would effectively cut off funding for prostitution busts — but would require the cops to pursue cases involving violent crime against sex workers.

The opponents of this measure talk about women who are coerced into sex work, particularly immigrants who are smuggled into the country and forced into the trade. That’s a serious problem in San Francisco. But the sex workers who put this measure on the ballot argue that taking the profession out of the shadows would actually help the police crack down on sex trafficking.

In fact, a significant part of the crime problem created by sex work involves crimes against the workers — violent and abusive pimps, atrocious working conditions, thefts and beatings by johns who face no consequences because the sex workers face arrest if they go to the police.

The current system clearly isn’t working. Vote yes on K.

Proposition L

Funding the Community Justice Center

NO


This measure is an unnecessary and wasteful political gimmick by Mayor Newsom and his downtown allies. Newsom has long pushed the Community Justice Center (CJC) as a panacea for quality-of-life crimes in the Tenderloin and surrounding areas, where the new court would ostensibly offer defendants immediate access to social service programs in lieu of incarceration. Some members of the Board of Supervisors resisted the idea, noting that it singles out poor people and that the services it purports to offer have been decimated by budget shortfalls. Nonetheless, after restoring deep cuts in services proposed by the mayor, the board decided to go ahead and fund the CJC.

But the mayor needed an issue to grandstand on this election, so he placed this measure on the ballot. All Proposition L would do is fund the center at $2.75 million for its first year of operations, rather than the approved $2.62 million. We’d prefer to see all that money go to social services rather than an unnecessary new courtroom, but it doesn’t — the court is already funded. In the meantime, Prop. L would lock in CJC program details and prevent problems from being fixed by administrators or supervisors once the program is up and running. Even if you like the CJC, there’s no reason to make it inflexible simply so Newsom can keep ownership of it. Vote no.

Proposition M

Tenants’ rights

YES


Proposition M would amend the city’s rent-control law to prohibit landlords from harassing tenants. It would allow tenants to seek rent reductions if they’re being harassed.

Proponents — including the SF Tenants Union, the Housing Rights Committee, St. Peter’s Housing Committee, the Community Tenants Association, the Affordable Housing Alliance, the Eviction Defense Collaborative, and the Tenderloin Housing Clinic — argue that affordable, rent-controlled housing is being lost because landlords are allowed to drive long-term tenants from their rent-controlled homes. Citing the antics of one of San Francisco’s biggest landlords, CitiApartments, the tenant activists complain about repeated invasions of privacy, constant buyout offers, and baseless bogus eviction notices.

Because no language currently exists in the rent ordinance to define and protect tenants from harassment, landlords with well-documented histories of abuse have been able to act with impunity. Vote Yes on M.

Proposition N

Real property transfer tax

YES, YES, YES


Prop. N is one of a pair of measures designed to close loopholes in the city tax code and bring some badly needed new revenue into San Francisco’s coffers. The proposal, by Sup. Aaron Peskin, would increase to 1.5 percent the transfer tax on the sale of property worth more than $5 million. It would generate about $30 million a year.

Prop. N would mostly affect large commercial property sales; although San Francisco housing is expensive, very few homes sell for $5 million (and the people buying and selling the handful of ultra-luxury residences can well afford the extra tax). It’s a progressive tax — the impact will fall overwhelmingly on very wealthy people and big business — and this change is long overdue. Vote yes.

Proposition O

Emergency response fee

YES, YES, YES


With dozens of state and local measures on the ballot this year, Proposition O is not getting much notice — but it’s a big deal. If it doesn’t pass, the city could lose more than $80 million a year. With the economy tanking and the city already running structural deficits and cutting essential services, that kind of hit to the budget would be catastrophic. That’s why the mayor, all 11 supervisors, and both the Republican and Democratic Parties support Prop. O.

The text of the measure is confusing and difficult to penetrate because it deals mainly with legal semantics. It’s on the ballot because of arcane legal issues that might make it hard for the city to enforce an existing fee in the future.

But here’s the bottom line: Prop. O would not raise taxes or increase the fees most people already pay. It would simply replace what was a modest "fee" of a couple of bucks a month to fund 911 services with an identical "tax" for the same amount, while also updating the technical definition of what constitutes a phone line from a now defunct 1970s-era statute. The only people who might wind up paying any new costs are commercial users of voice-over-internet services.

It’s very simple. If Prop. O passes, the vast majority of us won’t pay anything extra and the city won’t have to make $80 to $85 million more in cuts to things like health care, crime prevention, and street maintenance. That sounds like a pretty good deal to us. Vote yes.

Proposition P

Transportation Authority changes

NO, NO, NO


Mayor Gavin Newsom is hoping voters will be fooled by his argument that Proposition P, which would change the size and composition of the San Francisco County Transportation Authority, would lead to more efficiency and accountability.

But as Prop. P’s opponents — including all 11 supervisors, the San Francisco Planning and Urban Research Association, and the Sierra Club — point out, the measure would put billions of taxpayer dollars in the hands of political appointees, thus removing independent oversight of local transportation projects.

The Board of Supervisors, which currently serves as the governing body of the small but powerful, voter-created Transportation Authority, has done a good job of acting as a watchdog for local sales-tax revenues earmarked for transportation projects and administering state and federal transportation funding for new projects. The way things stand, the mayor effectively controls Muni, and the board effectively controls the Transportation Authority, providing a tried and tested system of checks and balances that gives all 11 districts equal representation. There is no good reason to upset this apple cart. Vote No on P.

Proposition Q

Modifying the payroll tax

YES, YES, YES


Proposition Q would close a major loophole that allows big law firms, architecture firms, medical partnerships, and other lucrative outfits to avoid paying the city’s main business tax. San Francisco collects money from businesses largely through a 1.5 percent tax on payroll. It’s not a perfect system, and we’d like to see a more progressive tax (why should big and small companies pay the same percentage tax?). But even the current system has a giant problem that costs the city millions of dollars a year.

The law applies to the money companies pay their employees. But in a fair number of professional operations, the highest-paid people are considered "partners" and their income is considered profit-sharing, not pay. So the city’s biggest law firms, where partners take home hundreds of thousands of dollars a year in compensation, pay no city tax on that money.

Prop. Q would close that loophole and treat partnership income as taxable payroll. It would also exempt small businesses (with payrolls of less than $250,000 a year) from any tax at all.

The proposal would bring at least $10 million a year into the city and stop certain types of businesses from ducking their share of the tax burden. Vote yes.

Proposition R

Naming sewage plant after Bush

NO


This one has tremendous emotional and humor appeal. It would officially rename the Oceanside Water Pollution Control Plant the George W. Bush Sewage Plant. That would put San Francisco in the position of creating the first official memorial to the worst president of our time — and his name would be on a sewage plant.

The problem — not to be killjoys — is that sewage treatment is actually a pretty important environmental concern, and the Oceanside plant is a pretty good sewage treatment plant. It’s insulting to the plant, and the people who work there, to put the name of an environmental villain on the door.

Let’s name something awful after Bush. Vote no on Prop. R.

Proposition S

Budget set-aside policy

NO


This measure is yet another meaningless gimmick that has more to do with Mayor Newsom’s political ambitions than good governance.

For the record, we generally don’t like budget set-aside measures, which can unnecessarily encumber financial planning and restrict elected officials from setting budget priorities. But in this no-new-taxes political era, set-asides are sometimes the only way to guarantee that important priorities get funding from the static revenue pool. Newsom agrees — and has supported set-asides for schools, libraries, and other popular priorities.

Now he claims to want to rein that in, although all this measure would do is state whether a proposal identifies a funding source or violates a couple of other unenforceable standards. Vote no.

Proposition T

Free and low-cost substance abuse treatment

YES


Proposition T would require the Department of Public Health (DPH) to make medical and residential substance abuse treatment available for low-income and homeless people who request it. DPH already offers treatment and does it well, but there’s a wait list 500 people long — and when addicts finally admit they need help and show up for treatment, the last thing the city should do is send them away and make them wait.

Prop. T would expand the program to fill that unmet need. The controller estimates an annual cost to the General Fund of $7 million to $13 million, but proponents say the upfront cost would lead to significant savings later. For every dollar spent on treatment, the city saves as much as $13 because clinical treatment for addictive disorders is cheaper than visits to the emergency room, where many low-income and homeless people end up when their untreated problems reach critical levels.

This ordinance was put on the ballot by Sups. Daly, McGoldrick, Mirkarimi, and Peskin, and has no visible opposition, although some proponents frame it as a way to achieve what the Community Justice Center only promises. Vote yes.

Proposition U

Defunding the Iraq War

YES


Proposition U is a declaration of policy designed to send a message to the city’s congressional representatives that San Francisco disproves of any further funding of the war in Iraq, excepting whatever money is required to bring the troops home safely.

The progressive block of supervisors put this on the ballot, and according to their proponent argument in the Voter Information Pamphlet, the Iraq War has cost California $68 billion and San Francisco $1.8 billion. The Republican Party is the lone voice against this measure. Vote yes.

Proposition V

Bringing back JROTC

NO, NO, NO


The San Francisco school board last year voted to end its Junior Reserve Officers’ Training Corps program, which was the right move. A military-recruitment program — and make no mistake, that’s exactly what JROTC is — has no place in the San Francisco public schools. The board could have done a better job finding a replacement program, but there are plenty of options out there.

In the meantime, a group of JROTC backers placed Proposition V on the ballot.

The measure would have no legal authority; it would just be a statement of policy. Supporters say they hope it will pressure the school board to restore the program. In reality, this is a downtown- and Republican-led effort to hurt progressive candidates in swing districts where JROTC might be popular. Vote no.

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