Employment

A heart once nourished

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› gwschulz@sfbg.com

Community court, every second Thursday at 10 a.m. Narcotics Anonymous on Wednesday. Apprenticeships for construction workers, Monday, bright and early.

The ancient letter board just inside the entrance of the Ella Hill Hutch Community Center tells much of the story of this neighborhood institution. Since 1981 it’s been a crucial hub for the Western Addition, a mostly level stretch of terrain west of downtown that rivals the Mission District and Bayview–Hunters Point as the source of the most despair from senseless gun violence.

For decades Ella Hill was a safe haven, a place where kids and seniors felt comfortable, where people could learn and teach and talk and work together, a little oasis in the world of urban hurt.

A placard affixed to one wall of the entryway honors Thurgood Marshall, the nation’s first African American US Supreme Court justice. In a small office nearby, a tutor assists a young girl with the multiplication table. Elsewhere, a list of rules forbids profanity, play-fighting, and put-downs.

There’s also a poster of Ella Hill Hutch, the first black woman elected to San Francisco’s Board of Supervisors, where she served from 1978-81.

But in 2006, a man was murdered during daylight hours in the center’s gymnasium before dozens of witnesses. That slaying was one of at least five brutal incidents that took place in the shadow of Ella Hill between 2006 and 2007; three more murders occurred within blocks. Many remain open cases today.

And now the center is having serious problems — troubles that reflect those of the city’s African American population, which has been plagued by violence and socioeconomic changes that are closing opportunities and forcing longtime residents out the city.

Several census tracts in the neighborhood that at one time contained between 3,000 and 6,000 black residents are down to 1,000 or far less, according to a San Francisco State University study commissioned by the city last year. The report showed that between 1995 and 2000 San Francisco lost more of its black population than 18 other major US cities.

Ironically, the city is now preparing to close the final dark chapter on 50 years of federally subsidized redevelopment in the Western Addition. But the displacement that the bulldozers set off half a century ago continues today, unabated.

That exodus has compounded structural problems at the center just when its remaining clients need it most. The nonprofit late last year underwent an organizational shake up and brief takeover by the Mayor’s Office to save it from imminent financial collapse. The center’s executive director of two years, George Smith III, was fired with little public explanation last year, and a permanent head was named only recently.

As with many aspects of this troubled community, it was unaddressed violence that fed the fire. Simply subsisting in the heart of a violent neighborhood was strain enough for Ella Hill. But suffering an attack from within seemed too much to bear for an institution some call "San Francisco’s Black City Hall."

The 2006 killing took one man’s life, but Ella Hill itself — still facing an uncertain financial future — felt the searing rounds too. Now some wonder if the nonprofit can survive the very violence and poverty it was created to help end in a neighborhood that’s changing forever.

In Ella Hill’s noisy gymnasium at the building’s east end, two teams of middle schoolers practice basketball.

"My job is to be in the best position to box him out for a rebound," their coach says as they crowd around the free throw line.

The kids are radiant and attentive now. But from this same basketball court on April 27, 2006, the Western Addition briefly edged ahead of the rest of the city in extreme bloodshed.

Donte White, 22, was working part-time at the center. As he supervised a basketball game, two unidentified males entered Ella Hill. One brandished a firearm and shot White at least eight times in the face, neck, and chest as several kids looked on in utter horror. Among them was White’s young daughter.

Police arrested 25-year-old Esau Ferdinand for the attack five months after White’s murder. But within two weeks prosecutors decided they could no longer hold him and declined to press charges when a key witness disappeared on the eve of grand jury proceedings.

Even with other witnesses filling the gym, police gathered few additional leads, an all-too-common story in a neighborhood where residents often prefer to avoid both law enforcement and vengeful criminal suspects.

The center installed cameras and an alarm. A buzzer was placed on the front door. But the new security measures cut against Ella Hill’s image as a demilitarized zone, and the center remains shaken by White’s murder. Some parents began barring their children from going there.

"Can you imagine something like that, someone coming into a rec center in the middle of the day with a firearm and shooting and killing a guy?" asks Deven Richardson, who resigned from Ella Hill’s board in 2007 to focus on his real estate business. "That really set us back big time in terms of morale. It really was a dark moment for the center."

Sup. Ross Mirkarimi, whose district includes Ella Hill, says that after he took office in 2004, he learned that the police weren’t stationed at the center during prime hours and had never created a strategy for attaching themselves to the center the way they had at other safe-haven institutions in the city, like schools. He told us he’s had to "really work" to get the nearby Northern Station more integrated into Ella Hill.

"Before the murder of Donte White, there had also been a series of incidences inside Ella Hill Hutch," Mirkarimi said over drinks at a Hayes Valley bar. "Nothing that resulted in anybody getting killed, but certainly enough indicators that really should have been taken more seriously by the mayor."

In June 2006, shortly after White’s shooting, the San Francisco Police Commission and the Board of Supervisors held a tense public meeting at the center. Residents, enraged over the wave of violence that summer in the Western Addition, shouted down public officials, including Chief Heather Fong, who was forced to cut short a presentation on the city’s crime rate.

That same month, the supervisors put a measure on the ballot to allocate $30 million over three years for violence-prevention efforts like ex-offender services and witness relocation. But Mayor Gavin Newsom, following a policy of fortifying law enforcement over community-based alternatives, opposed the measure because it excluded the police department. Prop. A, designed to finance groups like Ella Hill with connections to the neighborhood that the police will never have, lost by less than a single percentage point.

Meanwhile, four homicides in the neighborhood that year joined frequent anarchic shootouts in the Western Addition, including many that never made headlines because no one was killed. The fatalities led to promises by City Hall that the area would be saturated with improved security, including additional security cameras that have mostly proved useless in helping the police solve violent crimes.

On June 3, 2006, 19-year-old Antoine Green was standing on McAllister Street near Ella Hill early in the morning when he was shot to death in the head and back. On Aug. 16, 38-year-old Johnny Jackson’s chest was filled with bullets as he sat in the front seat of a Honda Passport on Turk Street not far behind Ella Hill. A woman next to him in the car suffered a critical gunshot wound to the head.

Two more killings occurred further east at Larch Way, a popular location for murder in the neighborhood.

Burnett "Booski" Raven, a 32-year-old alleged member of the Eddy Rock street gang, was found bleeding at 618 Larch Way early Oct. 7, his body laying halfway in the street and containing at least 10 gunshot wounds. On July 22, police found 23-year-old John Brown, another purported Eddy Rock member, wedged under a Chevy pickup truck, dead from up to seven gunshots.

Brown had reportedly survived two prior shootings, but the Western Addition’s cultural condemnation of "snitching" to police has so infected the neighborhood that he allegedly told police not to bother investigating either of the attacks.

Loïc Wacquant, a sociology professor at the University of California, Berkeley, says neighborhoods like the Western Addition that once contained stable black institutions — schools, churches, and community centers that glued residents together — have been overwhelmed by the rise of a white-collar, service-based economy, the decline of unions, and the withdrawal of meaningful social safety nets.

Cities have responded to the resulting marginalization with more police officers, more courts, and more prisons. But the failure of those institutions to cure rising violence "serves as the justification for [their] continued expansion," Wacquant quoted Michel Foucault, the famous late UC Berkeley sociologist, in the academic journal Thesis Eleven earlier this year.

The roots of the Western Addition’s tragedy go back to the early post-World War II era. In 1949, Congress enacted laws giving cities extraordinary powers to clear out land defined as "blighted." In San Francisco, that meant neighborhoods where low income people of color lived.

The Western Addition was devastated. Huge blocks of houses were bulldozed. Clubs, stores, restaurants — the heart of the black neighborhood — were wiped out. Many residents were forced out of the neighborhood and sometimes the city forever; others lost their property and their livelihoods (see "A half-century of lies," 3/21/2007).

By the 1970s, neighborhood activists were hoping that at the very least the Redevelopment Agency would pay for a recreation facility for kids. But city officials wouldn’t put up the money, recalls the Rev. Arnold Townsend, a longtime political fixture in the city and associate pastor of the Rhema Word Christian Fellowship.

Townsend said activist Mary Rogers — whom he calls "the greatest champion kids ever had in this community" and a famous critic of redevelopment — gave up on City Hall and went to Washington DC, where she sat in at a meeting that happened to include Patricia Harris, Secretary of the Department of Housing and Urban Development under President Jimmy Carter. Rogers, joined by a group of colleagues from San Francisco, bumped into Harris afterward.

"[Harris] shook Mary’s hand like politicians do, and Mary wouldn’t let her hand go until she had a meeting," Townsend said. "They were having a tug-of-war over her hand."

Rogers’ determination paid off, and enough political channels opened up that money for the center became available. Then-Mayor Dianne Feinstein cut the ribbon for the $2.3 million Ella Hill Hutch Community Center four months after the supervisor’s death, complete with outdoor seating for seniors, a gymnasium, tennis courts, and child-care facilities.

A young counselor named Leonard "Lefty" Gordon who worked at the Booker T. Washington Community Service Center, one of the city’s oldest black institutions — it was founded in 1919 on Presidio Avenue, where it remains today — was named executive director of Ella Hill three years later and led the center to wide acclaim for 17 years.

A recreation coordinator at Ella Hill started a reading program for young athletes after discovering that a local high school football star wasn’t aware he’d been named the city’s player of the year: the teenaged boy couldn’t read the newspaper to find out. Other programs for tutoring and job training targeting young and old residents were likewise started under Gordon.

Many of the people we interviewed recalled the "kitchen cabinet" meetings convened by Lefty Gordon at Ella Hill as among their fondest memories. Everyone from the "gangbangers to police" attended Gordon’s meetings, Townsend said, and made them a repository of complaints about what was happening in the neighborhood.

Alphonso Pines, a former Ella Hill board member and organizer for the Unite Here! Local 2 union, eagerly showed up at the meetings for months after attending 1995’s Million Man March in Washington.

"I hate to see brothers die, regardless of whether it’s at Ella Hill," Pines said of Donte White’s 2006 killing. "But that was personal for me, because that was the place where I had sat on the board for years. That was real shocking."

Lefty’s son, Greg Gordon, said that his legendary father — who died of a heart attack in May of 2000 — worked so hard for the center that he allowed his own health to deteriorate.

Most beneficiaries of Ella Hill’s social services now live in the southeast section of the 94115 ZIP code, roughly bordered by McAllister and Geary streets to the south and north, and Divisadero and Laguna streets to the west and east.

The majority of Ella Hill’s approximately $1.4 million annual budget comes from government sources, either through grants or nonprofit contracts.

Newsom, through his community development and housing offices, has given $860,000 over the past three years to Ella Hill to help job-ready applicants obtain construction work and other general employment in the neighborhood. The center launched its JOBZ program in 2006, targeting formerly incarcerated young adults and others with a "hard-to-employ" status.

Caseworkers must convince some participants to leave gangs, deal with outstanding warrants, pay back child support, expunge criminal records, or eliminate new offenses, all of which can exacerbate a desire to give up. Sometimes the center has to buy people alarm clocks.

"None of these other programs that are being funded in this community want to deal with the kinds of kids or people who come to Ella Hill…. [It] is the last stop for everybody," said London Breed, head of the African American Art and Culture Complex on Fulton Street and a Western Addition native. "That’s where people go who have no place else to go, which is why it’s so important."

Most nonprofits working for the city must regularly report their operational costs or show how program funds are being spent on graduation ceremonies and trips to university campuses. The required forms are mind-numbingly bureaucratic and reveal little about what a place like Ella Hill might face on a practical level each day. But last year, former executive director George Smith betrayed a crack in Ella Hill’s veneer.

"Once again violence has impacted the community with three incidents in close proximity to the complex this month alone," he wrote to the San Francisco Department of Children, Youth and Their Families, which supports the center with college preparation grants. "One of the victims was a young man scheduled to graduate from high school in June."

On May 25, 2007, 19-year-old Jamar Lake was leaving a store on Laguna and Eddy streets, northeast of Ella Hill, when a teen suspect opened fire on him. Paramedics were so worried about security in the neighborhood that they fled before attempting resuscitation, according to a report from the San Francisco Medical Examiner. Lake died at General Hospital that day.

Weeks later, a manic 12-hour long feud erupted between several gunmen on McAllister Street. Seven people were wounded during two daytime shootings that took place in the Friendship Village Apartments, across the street from Ella Hill.

Then in July, a suspect randomly and fatally stabbed 54-year-old Kenneth Taylor in the neck as he sat on a park bench near sundown at Turk and Fillmore streets, within easy view of the SFPD’s Northern Station. Police didn’t respond until Taylor stumbled to the sidewalk and collapsed; a witness had to flag down a patrol car.

Following the Lake shooting, the mayor and police department promised, as they had the year before, that foot patrols would be increased in the 193-unit Plaza East Housing Development and other public housing projects in the Western Addition.

But the city’s most visible response has bypassed Ella Hill — which has some street credibility — altogether. Instead, City Attorney Dennis Herrera went to court to get injunctions against street gangs in June 2007.

Herrera’s initial filing came days after the wild shootout on McAllister Street, but the timing was coincidental. The city attorney also had been preparing injunctions against gangs in the Mission and Bayview-Hunter’s Point for months. For the Western Addition, the city attorney noted a "recent rise in violent crimes perpetrated by the defendants," and asked that the members of three gangs be banned from associating with one another inside two "safety zones" marked along the contours of their respective territories, a 14-square-block area that straddles Fillmore Street and rests just north of Ella Hill.

"The conditions within the two safety zones have become particularly intolerable in 2007 as the deadly rivalry between the Uptown alliance and defendant Eddy Rock has intensified," Herrera’s office told the court. "In 2007 alone, this rivalry is the suspected cause of at least three homicides and numerous shootings within the two safety zones."

Some critics viewed barring people from congregating with one another a civil rights violation. And worse, they feared it would merely shove more African Americans and Latinos out of the Western Addition, which would benefit the city’s wealthiest white residents.

"All of this stuff about gang injunctions is a bunch of malarkey," said Franzo King, archbishop of the Saint John Coltrane African Orthodox Church on Fillmore Street. "You don’t really have gangs here…. [In San Francisco] they’re a big club."

Herrera nonetheless convinced a Superior Court judge to issue the injunctions after filing 1,200 pages of evidence arguing that the three "clubs," which include only about 65 people named by the city, are endless public nuisances and force organizations like Ella Hill to battle with them for the affections of Western Addition youth.

Police admit that the injunctions since last year have, in fact, led people to simply leave the neighborhood. Still, they insist the injunctions have reduced trouble in the Western Addition. The Knock Out Posse, for instance, is evaporating, they say.

Paris Moffett, a 30-year-old alleged Eddy Rock leader, told the Guardian in a separate story on the gang injunctions last November that he and others were organizing to quell violence in the neighborhood and would do so in defiance of the gang injunctions (see "Defying the injunction," 11/28/07).

But on the day that story ran, Moffett hampered his new cause when, according to a March 27 federal indictment, police arrested him in Novato for possessing a large quantity of crack and MDMA, as well as a Colt .45 semiautomatic.

After Lefty Gordon died, the center went through a couple of directors in relatively short order. Robert Hector, a second-in-command to Lefty Gordon, helmed the center briefly; he was replaced with George Smith III, who left in 2007.

Meanwhile, problems at Ella Hill grew.

"The seniors just stopped their participation," Anita Grier, a former Ella Hill board member who first ran for the San Francisco City College Board of Trustees in 1998 at Gordon’s encouragement, told us. "Things were never excellent, but they just got much worse once [Gordon] was no longer director."

The center, a standalone nonprofit, had long struggled financially in part because it relied so much on contracts and grants from the city rather than pursuing funds from private donors. Mirkarimi says Ella Hill’s structure is unlike any other community center in the city. Many other centers are directly maintained by the San Francisco Recreation and Park Department.

Contract revenue from one Ella Hill program, such as providing emergency shelter to the homeless, was often diverted to keep another on life support or to simply cover the center’s utility bills.

By early 2007, the center faced a financial catastrophe. Donald Frazier joined Ella Hill’s board as president in January 2007 and embarked on a reform effort to turn the center around. He commissioned what came to be a blistering audit that revealed the nonprofit owed over $200,000 in state and federal payroll taxes. As a result, the center faced $63,000 more in penalties and accrued interest.

Mirkarimi blames community leaders in his district for refusing to acknowledge a crisis at the center and for not turning to City Hall for help when Ella Hill appeared to be slowly rotting from the inside out.

The mayor’s staff, he adds, wanted to believe Ella Hill was working on its own and should’ve continued to do so because, despite its financial reliance on the city, it was technically an independent nonprofit. In reality, Mirkarimi said, "They were afraid to piss off black people, is what it comes down to. They were afraid to tell it like it is — that things weren’t working."

Sending delinquent invoices to the city, failing to institute reasonable accounting standards, and falling far behind on its payroll taxes all threatened the government contracts and grants that kept San Francisco’s Black City Hall afloat. By extension, the audit concluded, that meant Western Addition residents who relied on Ella Hill were "victimized" by the center’s improper use of its limited resources.

Aside from the audit, which Ella Hill instigated itself, there’s no indication in the records of agencies funding the center that any problems were occurring, which implies the city wasn’t paying attention.

"As far as I’m concerned," Mirkarimi said, "we had a renegade institution, and the only reason it wasn’t renegade in an illegal sense was because the lease allowed them to have a parallel governance structure. But it was renegade in the sense that the city neglected to supervise properly."

In November 2007, just after residents hijacked a chaotic board meeting with an extended public comment period, Frazier told the directors in closed session that the Redevelopment Agency was planning to restrict future funding for the center due to its management problems.

One month later, the mayor dispatched an aide, Dwayne Jones, along with redevelopment agency director Fred Blackwell, to a meeting at Ella Hill with an ultimatum. Jones told the assembled that new interim appointees would be taking over the center’s bank books, recreating its bylaws, and electing a new board and executive director. The old board would essentially be dissolved. According to observers at the meeting, Jones told them that if they resisted the plan, funds received by Ella Hill from various city agencies would be jeopardized, as would its low-cost lease of city property.

Two defiant board members viewed the move as a "hostile takeover" of a private nonprofit organization by the mayor and voted against it, but the rest of the board agreed to the restructuring. Mirkarimi says there was simply no alternative.

"Right now it needs to be shrunk to what it can do really well, instead of doing what they had to do in the last five years, an incremental sloppy way of programming," he said.

The interim board in April named a former Ella Hill employee and Park and Rec administrator, Howard Smith — unrelated to George Smith — to be the center’s new executive director. But after all the changes Ella Hill made to fix its leadership problems, there are no assurances the city won’t leave Ella Hill without the money it needs to keep the doors open next year.

It’s noon on a recent Friday and Ella Hill’s new executive director is scrambling to keep things together. An employee wants him to glance at a form. Another man wants to come in and play basketball. Smith has a board meeting minutes from now, but he’s scheduled an interview with the Guardian at the same time.

Smith’s a well-built man dressed in a pressed suit, polished shoes, and a sharply-knotted tie. He’d mostly avoided our calls for weeks. Word spread in the neighborhood that the Guardian was planning some sort of hit piece on Ella Hill.

But it won’t be a newspaper that capsizes the center.

A significant portion of the center’s funding will be threatened over the next year. The redevelopment agency is scheduled to end its 45-year reign in the Western Addition by then, a blessing of sorts since so many people in the neighborhood feel it’s done nothing but upend the lives of black residents. But the end of the agency means that redevelopment funds for Ella Hill’s job placement programs, about $400,000 annually, will disappear.

In addition, about $300,000 more a year will dry up since the San Francisco Human Services Agency hasn’t renewed an emergency homeless shelter contract with the center. Mirkarimi believes the mayor, too, will try to stop providing Ella Hill with funding through his community development office next year.

If Newsom does back away, Mirkarimi warns, there will be "a very loud showdown."

"What I’m worried about is that the Newsom administration is basically cutting and running on this, and I’m not going to allow that to happen, at least not without a fight," he said.

The alternative is for Rec and Park to take over managing Ella Hill’s facilities with DCYF continuing to fund youth programs there while the Redevelopment Agency commits community benefits dollars from a legacy fund to the center — the least it can do after a half-century of transforming the neighborhood, locals be damned.

An interagency council made up of the center’s primary funders could collectively watchdog its performance, Mirkarimi says. Once Ella Hill’s leaders prove that the center has fully returned to its original mission, it can consider expanding to serve other populations in the neighborhood, or even seek a plan to detach further from the city.

The mayor’s spokesperson, Nathan Ballard, did not respond to an e-mail containing detailed questions, and his aide, Dwayne Jones, did not return several phone calls. But Smith said during a later lunch interview at the Fillmore Café that he agrees with Mirkarimi’s idea.

"There are so many programs out there that say they’re doing something on paper, but they’re really not doing it," Smith said. "They’re running ghost programs. So what I’ve been saying at Ella Hill since I got there is, ‘We will do exactly what we said we were going to do.’<0x2009>"

In the meantime, Smith is determined to prove that Ella Hill’s history has only just begun. The mural of Lefty Gordon outside the center received a fresh coat of paint recently, and the color pops. The sidewalk is being repaved and new handrails installed. The walls inside are clear of the aging posters and letter board that hung there a few months ago.

Before heading off to his board meeting, Smith teasingly asks an adolescent boy meandering in the center’s entryway for 75 cents. The boy’s always hitting him up for pocket change.

"I don’t got any," the boy responds.

"You don’t have any," Smith corrects.

Smith suddenly realizes what time it is.

"Hey, why isn’t this guy in school?" he wonders aloud.

At that moment, only the Ella Hill Hutch Community Center was asking the question. *

Uh-oh: Lennar’s $25 million shipyard funding gap

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Sup. Chris Daly wants an immediate hearing into the fiscal health of Lennar’s construction project at Hunters Point Shipyard, (you know, the one where they repeatedly messed up the asbestos dust monitoring).

Daly made his request at the June 10 Board of Supervisors meeting, following the discovery that the San Francisco Redevelopment Agency has applied for, but has so far been denied, a $25 million grant to subsidize infrastructure costs at the site.

The agency filed its grant application with the California Department of Housing and Community Development in April 2008. During that same period, Lennar spent an estimated $5 million to successfully persuade voters to support Proposition G, which will allow Lennar to develop luxury condos at Candlestick Point, as well as at the Shipyard.

(At the last minute, Lennar appeared to sweeten Prop.G’s terms, by negotiating a community benefits deal with the San Francisco Labor Council, including promises of 32 percent affordable housing and job creation investment. But tthe deal stretches the definition of “affordable” to way above what your average Bayview Hunters Point resident earns. And it only becomes legally binding, if, and when, something gets built at Candlestick/Hunters Point.)

Holding up a big fat binder, stufed with spreadsheets, financial data and grant applications, Daly read aloud to his fellow supervisors from documents that suggest that there is a serious financial shortfall at the Parcel A site, where Lennar graded an entire hillside in preparation for developing a 1,500 unit condominium complex.

“This raises questions about Parcel A and the mixed use project,” said Daly, citing from documnents that claim that the receipt of gap funding, “will restore the ability of the SFRA and the Developer to continue the development.g

As the agency’s own grant application states, “The Gap Funding in the amount of $25,021,079 provided by the infill infrastructure grant will enable the San Francisco Redevelopment Agency and the land master developer to continue the development of the Shipyard.”

“The infill infrastructure grant will be instrumental in moving forward the Capital Improvement Project in light of exisiting market conditions and increased construction costs.”

“Without the receipt of the grant, it will face delays in the timing of the completion of the infrastructure and creation of much needed parks.”

Hmm.

Daly’s cache of documents also reveal that the Shipyard Legacy Fund has shrunk from $30 million to $5 million. This raises serious doubts about the City’s ability to deliver on a list of promised community benefits at the Shipyard.
According to the SFRA’s own documents, “The Legacy fund is charged with reinvestment of the Agency’s proceeds from net land sales back into the BVHP community with an emphasis on employment, housing and financial/asset development, youth development, elder services, arts/culture & recreation and environment/safety.”

Stay tuned.

A fall revenue measure

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EDITORIAL If you think the June ballot was busy, wait until November. San Francisco will be electing six district supervisors. The mayor and organized labor are going to be pushing the mother of all bond acts, roughly $1 billion to rebuild San Francisco General Hospital. There’s likely to be a public power charter amendment mandating that the city mount a real effort to take over the electric grid. There will probably be a major affordable-housing initiative that includes a set-aside for low-income housing and perhaps some affordable-housing bond money. It’s shaping up as an election that will change the city’s direction for years to come — but there’s still a crucial piece missing.

There’s no money.

Public power will, of course, generate vast amounts of new revenue, but not immediately: the process of setting up the system and fighting Pacific Gas and Electric Co. in court could drag out for several years. That, of course, is all the more reason to get started — if the city had done this years ago, we wouldn’t have a budget crisis today.

But in the meantime, right now, San Francisco needs cash — and there needs to be a November ballot measure that brings in new revenue to pay for more affordable housing and to save the services Mayor Gavin Newsom is cutting.

It’s tough to pass new taxes in California. Most of the time, state law mandates a two-thirds majority vote by the people to enact any new form of taxation. But it’s a bit easier when the supervisors are up for election; on those ballots, the threshold is only 50 percent. And with at least four tightly contested supervisorial races bringing out voters, labor bringing out the troops for the General Hospital bond, and the Democratic Party pushing to get voters out for Barack Obama, the turnout should be excellent.

So if there’s ever a good time to try to pass a tax measure, November 2008 ought to fit the bill.


All sorts of tax proposals have floated around City Hall in recent years and some of them — for example, a higher real-estate transfer tax — were defeated at the ballot. Some groups will oppose any tax proposal, and it’s hard to find constituencies that want to work hard for higher taxes.

So the key to crafting a revenue measure is to ensure that it’s as progressive as possible, and that it takes into account the concerns of those small businesses and homeowners who aren’t rich and can’t afford huge new levies. We see two good options:

1. A city income tax. This hasn’t been seriously discussed since the 1980s, but it ought to be. California law bars cities from collecting traditional income taxes — that is, San Francisco can’t tax the incomes of everyone who lives here. But in 1978 the state Supreme Court ruled that cities can tax income earned from employment in the city. The upside is that a San Francisco employment income tax would hit commuters, a huge group who use city services and don’t pay for them. The downside is that people who live here but work, say, in Silicon Valley would escape the tax.

But overall, income taxes are the fairest method of collecting revenue, and a city tax could be set to hit hardest on the wealthiest. The city could exempt, say, the first $50,000 of earned income, levy a modest (say, 1 percent) tax on the next $50,000, then increase the marginal percentage so that people with enormous salaries pay as much as 2 or 3 percent.

The beauty of this: most of the people who paid the top-end income tax would simply write it off their federal income taxes — meaning this would be a direct shift of cash from Washington DC to San Francisco. And it would come primarily from people who have already received a huge tax windfall from the Bush administration.

Yes, some people would cheat. Some businesses would try to claim their employees all really worked out of a satellite office in another city. But New York City has a municipal income tax. So does Philadelphia. They manage to deal with the cheaters. The supervisors at least ought to consider the idea.

2. A new business tax. Almost everyone agrees that San Francisco’s business taxes are unfair. The city places a flat tax on businesses — a small merchant pays the same percentage as a giant corporation — and some partnerships, like law firms, get away with paying no city taxes at all. The best way to fix that may be to create a single, progressive business tax (probably on gross receipts), with no loopholes, that exempts the first $100,000 or so and actually lowers the levy on small businesses while significantly raising it on big ones. Most small businesses would get an actual tax cut while the big guys would pick up the tab.

Together, a tax package like this could bring in the $250 million a year or so the city needs — and some of the money could go to cutting, say, Muni fares or reducing the sales tax so working-class San Franciscans would pay less.

Almost everyone at City Hall knows the current tax system is unfair, regressive, and inadequate. We’ve been calling for the supervisors to do something about it for years now. November 2008 seems like an excellent time.

Assessing the deal

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› sarah@sfbg.com

Mayor Gavin Newsom stood with San Francisco Labor Council executive director Tim Paulson, flanked by Sup. Sophie Maxwell and representatives from megadeveloper Lennar, the San Francisco Organizing Project, and the Association for Community Organizations for Reform Now (ACORN) May 20 to announce "a historic community benefits agreement."

Lennar had been persuaded to promise more affordable housing and other giveaways in order to win some important new endorsements in their troubled bid to take control of Candlestick and Hunter’s points and cover them with about 10,000 new homes.

"This is a very big deal," Newsom said, plugging the Lennar-financed Prop. G and bashing Sup. Chris Daly for his leadership of the campaign to qualify Prop. F, which would require that half the new units be affordable to households making less than $75,000, a requirement that Lennar casts as a deal breaker.

"Prop. F is a pipe dream that guarantees you only one thing: what you already have," Newsom said. "We have to get the message out what a Trojan horse Prop. F is." Lennar’s top local executive, Kofi Bonner, added that the agreement "enables us to go forward, because now we have new allies."

The Labor Council’s ability to invigorate a campaign makes it an important ally. Yet Lennar’s giveaway of more than it had previously promised and the fact that the agreement comes just two weeks before the June 3 vote seem to indicate that the Prop. G supporters have grown desperate.

Lennar already has spent $3.26 million to promote Prop. G and oppose Prop. F, only to find polls showing Prop. F well ahead despite a campaign that has raised less than $10,000. The weak poll numbers clearly convinced Lennar and its backers in the political power structure that voters would be more likely to support Prop. G if Lennar came up with something that seemed legally binding.

But by supporting a deal that appears to pin down Lennar on levels of housing affordability and community investment, Newsom ironically seems to be validating the concern of Daly and Prop. F’s other backers that Prop. G lacks guarantees on these fronts (see "Promises and reality," 04/23/08).

Not even Newsom could deny that Prop. F’s presence on the political landscape pushed Lennar to seek a community benefits agreement with the Labor Council and ACORN, a group that had been a solid part of Daly’s affordable-housing constituency.

"It probably has," Newsom told the Guardian. "That said, I don’t think Prop. F should suggest the deal is better because of them. Perhaps it’s worse."

Daly dismissed Newsom’s attacks as more attempts to hurt Prop. F’s popularity by trying to attach it to Daly’s personal negatives. Daly also attacked the agreement as overstated in its promises and impossible to enforce.

"I really don’t know if there is any net gain from one deal to the next," Daly said. "And how is it enforceable? We’re not sure anything legally binding is on table now. If there was a development agreement then obviously we would have some surety, as we would if we had a development plan that had cleared the approval process — Lennar’s financial vulnerabilities notwithstanding."

Noting that the city has had "bad luck with big order projects before," Daly recalls how Lennar reneged on building rental units at the Shipyard’s Parcel A, where the developer also failed to properly monitor and control asbestos dust despite promising to do so.

The agreement, which doesn’t include the city or any government agency as a party, is certainly unconventional. But is the deal legally binding? And just who benefits from it?

The CBA purportedly commits Lennar to create 31.86 percent "affordable" housing units in the Bayview, contribute $27 million to provide affordable homes throughout District 10, rebuild the Alice Griffith public housing project, and give down payment and first-time homebuyer assistance on another 3 percent of the homes.

All told, Paulson claims the deal locks in an unprecedented 35 percent affordable housing into Lennar’s mixed-use proposal for the Bayview. The deal also obligates Lennar to invest $8.5 million in workforce development in District 10, hire locally, pay living wages, and allow worker organizing with a card check neutrality policy.

"This legally binding agreement is a way we can insure that our community gets the benefits it needs," said SFOP co-president and longtime Bayview resident Eleanor Williams.

Paulson said May 22 the deal is still being "lawyered up" to ensure its enforceability, and ACORN’s John Eller insists the deal was done with community input. "We have had numerous meetings in which the community was demanding accountability and clear commitments to the workforce and housing, including the possibility of home ownership," Eller told the Guardian.

But Julian Gross, director of the San Francisco–based Community Benefits Law Center, clarifies that the deal only becomes legally binding if Lennar builds a mixed-use project in Bayview/Candlestick Point. "A community benefits agreement gives people a way to work in a coalition," said Gross, who helped negotiate CBAs at Oakland’s Uptown and Oak to Ninth projects, and at Lennar’s development in San Diego’s Ballpark Village in 2005.

Michael Cohen, director of the Mayor’s Office of Economic Workforce and Development, said the city hopes to enter into its own legally binding agreement with Lennar over a mixed-use project by the end of 2009, once environmental reviews on the project are completed.

Given that the project is expected to take 12–15 years to complete, could Lennar change the CBA’s terms after it starts to develop the Bayview? Yes, says Donald Cohen of the San Diego–based Center for Public Policy Initiatives, but only if both sides agree to any changes.

"In a private deal between private parties, those parties can agree to change the terms of the deal at any time," Cohen explained.

That’s significant given the divisions over development within the Labor Council. As Paulson confirmed, the building-trade unions were pushing for outright endorsement of Prop. G and opposition to Prop. F, but he successfully pushed for the negotiations with Lennar, which lasted more than eight weeks and almost broke down several times, Paulson told us.

"I told them, I don’t think that’s where we are coming from because Prop. G doesn’t contain guarantees on affordable housing or jobs," Paulson said of his initial response to Prop. G supporters.

The agreement appears to stretch the definition of "affordable housing," reaching up to those earning 160 percent of area median income, which is essentially market-rate housing for the low-income southeast sector.

Prop. F supporter Alicia Schwartz of People Organized to Win Employment Rights said that what labor’s deal with Lennar means is that only 15.6 percent of the housing will truly be affordable to the folks who currently live in the Bayview. While "3,500 units sounds good," Schwartz observed, "Only 50 percent of them will be for families making 60 percent and less of area median income, while the other 50 percent are for 80 to 160 percent AMI. That means $500,000 condos, which 70 percent of the Bayview can’t afford."

Yet Cohen said it’s understandable that the Labor Council crafted a deal that caters to those with above-average incomes.

"Affordable-housing policies over the last 10 years have tended not to address the needs of many of their members," Cohen said. "Many families make more than $64,000, so they can’t qualify for affordable housing, but don’t make enough to buy. This provides a fantastic and large-scale opportunity to address the problem of the squeezing of the middle class in San Francisco."

Public records obtained from the Mayor’s Office show that prior to this latest deal, Lennar planned to build up to 75 percent market-rate housing at the site, including hundreds of million-dollar townhouses, thousands of high-rise units at $787,483, mid-rise units at $734,400, townhouses at $651,366, and low-rise units at $592,797.

But under the CBA, the top tier of condos that Lennar deems "affordable" cost about the same as the cheapest market rate units it had already planned to build, leaving only 1,566 rental units at rates truly affordable to San Francisco’s low-income workers.

Paulson believes the resulting agreement "ensures that residents, workers, tenants, and future homebuyers have a path to new jobs and housing." He also claims that it is tied to the land, "meaning that it would be transferable to other developers if Lennar pulls out."

Joseph Smooke, executive director of the Bernal Heights Neighborhood Center, said he believes the jobs agreements labor negotiated are good. "It’s the housing stuff where they gave away the store," Smooke said. "Why didn’t they stick to the jobs piece and support Prop. F?"

Pointing to the Board of Supervisors’ passage of policy saying that 64 percent of housing in eastern neighborhoods should be targeted at 80 percent of AMI and below, Smooke added, "There are ways to make 50 percent affordable work. This is free land. It’s not rocket science. But is it city policy to protect a developer’s stated desire for 18 to 22 percent profit?"

Meanwhile, Schwartz hopes SFOP and ACORN are being accountable to their base of low-income workers. "Lennar would like to tell you that if Prop. G doesn’t pass, nothing happens. But in reality, the community’s plan stays, plus now there is a 50 percent affordable-housing requirement," Schwartz said. "That’s a win-win."

"For Newsom and Lennar to say that Prop. F is a poison pill — the irony is not lost on the Bayview," Schwartz added, recalling the city’s failure to hold Lennar accountable for its promises and misdeeds. "We’re looking to change the way business is done in San Francisco." *

Ongoing threat

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› amanda@sfbg.com

The debate over city plans to build and own two combustion turbine power plants, a project Mayor Gavin Newsom has made a last minute effort to alter, shows that public power — and Pacific Gas & Electric Co.’s fear of it — is still a significant issue at City Hall.

Newsom, a past advocate of the project, pulled the plug on its progress May 13. The proposal for the natural gas–fired power plants to handle peak energy demand (called "peakers") was up for approval at the Board of Supervisors until Newsom requested a one-week continuance.

Christine DeBerry, the mayor’s liaison to the board, told supervisors the mayor would use the time to aggressively pursue better options than the peakers, even though it’s an item that spent eight years on the planning block and was approved by the Newsom-appointed San Francisco Public Utilities Commission.

"What can be aggressively pursued in the next week that hasn’t been aggressively pursued in the last few years?" asked Sup. Chris Daly, one of the four supervisors publicly opposed to the plan, questioning DeBerry on why the mayor and his SFPUC hadn’t put forth the best energy project.

"The mayor engaged in a full exploration of the options over the last several years," DeBerry said, but wants to ensure the city is considering all options.

"Are you anticipating there’s going to be a new technological breakthrough in the next several days?" Daly asked before casting the lone vote against granting the continuance. As of the Guardian‘s press time, the plan’s hearing was scheduled for May 20, but sources said June 3 would be more likely. Newsom Press Secretary Nathan Ballard would not confirm whether another continuance would be requested or discuss what alternatives the mayor’s office is pursuing.

But it appears that the new technological breakthrough being pursued by the mayor’s office is actually a retrofit of an older, existing power plant in Potrero Hill, owned by Mirant Corp.

Sam Lauter, representing Mirant on the issue, said the company has been answering questions about a retrofit from diesel to natural gas for its three turbines. Mirant already agreed to close the older natural gas units at its Potrero plant once the $15 million contract, which requires the plant to maintain the reliability of the power grid, is pulled by California Independent System Operator (Cal-ISO). Lauter also said Mirant’s redevelopment of the site for commercial use would still happen if the board decides a retrofit of Mirant is a better deal than building city-owned power plants.

As of the Guardian‘s deadline, no sources could provide any solid numbers on what a retrofit would cost and if pollution would be more, less, or equal to what the city anticipates from the peakers. But, Lauter told us, "The cost is considerably less than the cost of the peakers."

The contract with Cal-ISO could mean that the costs of retrofitting the diesels would be passed on to ratepayers. As for the pollution, Lauter said it’s not an easy answer and depends on how often the units have to run: "It’s not exactly correct to say they’d be less polluting, and it’s not exactly correct to say they’d be more polluting."

Barbara Hale, SFPUC’s assistant general manager of power, agreed there are still many uncertainties about retrofitting Mirant, including permits for the plant, restraints on how much it could operate, exactly how much it would pollute, and if it would even meet Cal-ISO’s demand for 150 megawatts of in-city generation. "I’m told by engineers that when generators go through a retrofit, often their megawatt capacity goes down," Hale told us. Each Mirant diesel unit currently puts out 52 megawatts.

As for other options Newsom requested from the agency, Hale said they’re exploring how to get more demand response and efficiency from the existing grid.

That suggestion comes from Pacific Gas and Electric Co., which actively opposes the city’s peaker plan and sent representatives to meet with Newsom’s staff May 5 (while Newsom was in Israel with Lauter, who said the two did not discuss Mirant or the peakers while overseas), shortly before he sought the delay.

PG&E spokesperson Darlene Chiu confirmed the contents of the proposal as presented to the mayor’s staff, which includes ways to eke more from the grid as well as a new transmission line between two substations.

Tony Winnicker, spokesperson from the PUC, said of PG&E’s plan: "We absolutely support each of these projects, think they’re long overdue improvements to the city’s transmission reliability, and hope they are committing the necessary funding to begin and complete them."

He added that there is little in the plan that differs from a past PG&E proposal that Cal-ISO rejected — except the new transmission line. But, he said, its target completion date of 2012-13 was "very ambitious, given that they haven’t even started the permitting."

PG&E’s Chiu, a former spokesperson for Mayor Newsom, didn’t respond to a question about the time frame for such a project, nor did she comment on whether PG&E considers the city’s ownership of the peakers a threat to its jurisdiction.

She didn’t have to. While City Hall scrambled to come up with an alternative that hasn’t been vetted during the last eight years of community meetings, city studies, and negotiations, PG&E was telling its shareholders that the threat of public power is alive and well.

At the May 14 annual meeting of PG&E investors, held at the San Ramon Conference Center, CEO Peter Darbee assured the assembled, "I, too, am concerned about municipalization and community choice aggregation."

He was responding to a criticism from an employee and member of Engineers and Scientists of California Local 20, who said PG&E shouldn’t be contracting outside the company because it created an experienced proxy workforce ripe for employment by another entity, like a municipality, that would be a threat to PG&E’s jurisdiction.

In responding, Darbee recalled the recent efforts in Yolo County, where the county attempted to defect from PG&E and join the Sacramento Municipal Utility District. "Peter, it’s half-time, your team is down, you better get directly involved with this," he said of the potential loss of 70,000 customers. The company mustered 1,000 employees to volunteer their time, walking from house to house and knocking on doors, prior to the November 2006 vote. "I was one of them," he said. "That vote went overwhelmingly in favor of PG&E."

Beyond knocking on doors, PG&E dropped $11 million on the campaign, outspending the competition 10 to 1.

But Darbee said it was a real victory in a state like California. "There’s always been in the water a desire for public power," he said, adding that 30 percent to 40 percent of the population approves of municipally-owned utilities.

Customer service, Darbee went on to say, is the best defense against threats to PG&E. And for the past two years, PG&E’s corporate strategy has been focused on that. To that end, its ranking in an annual JD Power customer satisfaction survey rose from 51 to 43 last year for the residential sector, and from 46 to a lofty second place for business customers.

But the JD Power survey also ranks municipal utilities, and 2007 results show PG&E was outpaced by three municipalities — the Salt River Project, the Los Angeles Department of Water and Power, and the Sacramento Municipal Utility District, which also took the highest ranking in the nation. *

Disclosure: Amanda Witherell owns 14 shares of PG&E Co. common stock.

Greening away poverty

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› news@sfbg.com

If the flow of venture capital is any indication, the new green economy is not just coming, it’s about to boom. There’s good reason to be excited about capitalists pouring money into saving the planet. But is it really the panacea that true believers say it is?

The idea behind "social uplift environmentalism" is that the new green economy is strong enough to lift people out of poverty. The argument: millions of "green-collar jobs" — defined as living-wage, career-track jobs that contribute directly to improving or enhancing environmental quality — will be created as the need for green energy, transportation, and manufacturing infrastructure grows.

If green is the new black, eco-populism is the new environmentalism.

But the pesky realists out there question whether the private sector will work quickly or efficiently enough to solve crises as massive as global warming. And many Bay Area activists say they have good reason to be wary of green solutions to problems like inner-city poverty.

In early April, the San Francisco–based Center for Political Education (CPE) brought in prominent environmental and social justice activists to discuss some of these issues. One of the primary concerns about turning blue collars green has to do with doubts about job training programs, which don’t have a great track record.

"People are getting trained for nothing — for an old economy, for jobs that don’t exist," activist Oscar Grande of People Organizing for Environmental and Economic Rights (PODER) told the Guardian.

At the gathering Ian Kim, director of the Green Collar Jobs program at Oakland’s Ella Baker Center, agreed that there have been major problems in job training programs but said that this shouldn’t doom future programs to failure. "Workforce development has been on a starvation diet for the last 10 to 15 years," he said at the CPE event. "It’s easy to do job training really badly. But when done well, it can work."

In a conversation with the Guardian, Jennifer Lin, research director for the East Bay Alliance for a Sustainable Economy, cited Solar Richmond as an example of a small but successful green-jobs program. Lin also acknowledged that it took a while for the first 18 trainees to find employment in solar panel installation.

Another hot topic at the CPE event concerned land use — a scorching topic in our housing-strapped city. Grande said one of the struggles PODER has taken on in the Mission District is preserving industrial lands, the breadbasket for low-income communities. San Francisco’s industrial base has eroded due to factors such as offshoring jobs and dotcom-era condo developments in areas formerly zoned for industry, he said.

One of the biggest questions raised at the CPE event concerned the limits of green capitalism: can an environmental solution be successful if it doesn’t challenge the constant-growth philosophy that created the problem?

"There is a lot of feel-good energy being put in by politicians about this really good [green jobs] program. But they’re not addressing how incredibly enormous the challenges are and the kinds of shifts — like getting all of us out of cars, providing local foods that don’t have to be shipped from thousands of miles away — that need to happen," the CPE’s Fernando Martí told the Guardian.

Kim says that while the climate crisis allows us to critique capitalism in a way that has not been possible for decades, he acknowledges that the work the Ella Baker Center is doing is within a constant-growth framework.

"While it’s important in the radical left to have conversations about capitalism and powering down, that’s not where we’re starting out with green jobs," Kim told the CPE audience.

Mateo Nube, training director for the Movement Generation Justice and Ecology Project, suggested that both short- and long-term goals are important. "We need to build an infrastructure for the transition. We need to rebuild our food production systems in a way that actually takes care of everybody and is sustainable. From that vantage point, the idea of green jobs and a New Deal makes a lot of sense. But in that process, we have to incorporate an understanding that a constant-growth model is suicide."

Endorsements

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

National races

Congress, District 6

LYNN WOOLSEY


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

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

Congress, District 7

GEORGE MILLER


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

Congress, District 8

NO ENDORSEMENT


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

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

Congress, District 13

PETE STARK


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

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


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

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

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

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

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

State races and propositions

State Senate, District 3

MARK LENO


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State Senate, District 9

LONI HANCOCK


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

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

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

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

State Assembly, District 12

FIONA MA


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

State Assembly, District 13

TOM AMMIANO


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

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

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

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

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

State Assembly, District 14

KRISS WORTHINGTON


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

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

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

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

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

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

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

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

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


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

"We hate 98, but 99 is fine."

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

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

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

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

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

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

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


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

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

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

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

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

Proposition B

City retiree benefits change

YES


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

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

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

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

Proposition C

Benefit denials for convicts

NO


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

But there are drawbacks this measure.

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

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

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

Proposition D

Appointments to city commissions

YES


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

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

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


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

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

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

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

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

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


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

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

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

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

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

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

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

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

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

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

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

But there’s an alternative.

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

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

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

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

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

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


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

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

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

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

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

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

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

San Francisco Democratic County Central Committee

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

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

13th Assembly District

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

12th Assembly District

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

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


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

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

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

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

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

Board of Supervisors, District 5

KEITH CARSON


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

Oakland races

City Attorney

JOHN RUSSO


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

City Council, District 1

JANE BRUNNER


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

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

City Council, District 3

NANCY NADEL


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

City Council, District 5

MARIO JUAREZ


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

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

City Council, District 7

CLIFFORD GILMORE


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

City Council, at large

REBECCA KAPLAN


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

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

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


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

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

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

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


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

School Board, District 5

NOEL GALLO


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

School Board, District 7

ALICE SPEARMAN


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

Alameda County measures

Measure F

Utility users tax

YES


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

Oakland Measure J

Telephone-user tax

YES


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

Promises and reality

0

› sarah@sfbg.com

The Lennar-financed "Yes on G" fliers jammed into mailboxes all across San Francisco this month depict a dark-skinned family strolling along a shoreline trail against a backdrop of blue sky, grassy parkland, a smattering of low-rise buildings, and the vague hint of a nearly transparent high-rise condo tower in the corner.

"After 34 years of neglect, it’s time to clean up the Shipyard for tomorrow," states one flier, which promises to create up to 10,000 new homes, "with as many as 25 percent being entry-level affordable units"; 300 acres of new parks; and 8,000 permanent jobs in the city’s sun-soaked southeast sector.

Add to that the green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a total rebuild of the dilapidated Alice Griffith public housing project, and the whole project looks and sounds simply idyllic. But as with many big-money political campaigns, the reality is quite different from the sales pitch.

What Proposition G’s glossy fliers don’t tell you is that this initiative would make it possible for a controversial Florida-based megadeveloper to build luxury condos on a California state park, take over federal responsibility for the cleanup of toxic sites, construct a bridge over a slough restoration project, and build a new road so Candlestick Point residents won’t have to venture into the Bayview District.

Nor do these shiny images reveal that Prop. G is actually vaguely-worded, open-ended legislation whose final terms won’t be driven by the jobs, housing, or open-space needs of the low-income and predominantly African American Bayview-Hunters Point community, but by the bottom line of the financially troubled Lennar.

And nowhere does it mention that Lennar already broke trust with the BVHP, failing to control asbestos at its Parcel A shipyard development and reneging on promises to build needed rental units at its Parcel A 1,500-unit condo complex (see "Question of intent," 11/28/07).

The campaign is supported by Mayor Gavin Newsom, Sen. Dianne Feinstein, and District 10 Sup. Sophie Maxwell, as well as the Republican and the Democratic parties of San Francisco. But it is funded almost exclusively by Lennar Homes, a statewide independent expenditure committee that typically pours cash into conservative causes like fighting tax hikes and environmental regulations.

In the past six months, Lennar Homes has thrown down more than $1 million to hire Newsom’s chief political strategist, Eric Jaye, and a full spectrum of top lawyers and consultants, from generally progressive campaign manager Jim Stearns to high-powered spinmeister Sam Singer, who recently ran the smear campaign blaming the victims of a fatal Christmas Day tiger attack at the San Francisco Zoo.

Together, this political dream team cooked up what it hopes will be an unstoppable campaign full of catchy slogans and irresistible images, distributed by a deep-pocketed corporation that stands to make many millions of dollars off the deal.

But the question for voters is whether this project is good for San Francisco — particularly for residents of the southeast who have been subjected to generations worth of broken promises — or whether it amounts to a risky giveaway of the city’s final frontier for new development.

Standing in front of the Lennar bandwagon is a coalition of community, environmental, and housing activists who this spring launched a last minute, volunteer-based signature-gathering drive that successfully became Proposition F. It would require that 50 percent of the housing built in the BVHP/Candlestick Point project be affordable to those making less than the area median income of $68,000 for a family of four.

Critics such as Lennar executive Kofi Bonner and Michael Cohen of the mayor’s Office of Economic and Workforce Development have called Prop. F a "poison pill" that would doom the Lennar project. But its supporters say the massive scope and vague wording of Prop. G would have exacerbated the city’s affordable housing shortfalls.

Prop. F is endorsed by the Sierra Club, People Organized to Win Employment Rights, the League of Conservation Voters, the Chinese Progressive Association, St. Peter’s Housing Committee, the Harvey Milk LGBT Democratic Club, Coleman Advocates for Children and Youth, the Grace Tabernacle Community Church, Green Action, Nation of Islam Bay Area, the African Orthodox Church, Jim Queen, and Supervisor Chris Daly.

Cohen criticized the coalition for failing to study whether the 50 percent affordability threshold is feasible. But the fact is that neither measure has been exposed to the same rigors that a measure going through the normal city approval process would undergo. Nonetheless, the Guardian unearthed an evaluation on the impact of Prop. F that Lennar consultant CB Richard Ellis prepared for the mayor’s office.

The document, which contains data not included in the Prop. G ballot initiative, helps illuminate the financial assumptions that underpin the public-private partnership the city is contemputf8g with Lennar, ostensibly in an effort to win community benefits for the BVHP.

CBRE’s analysis states that Lennar’s Prop. G calls for "slightly over 9,500 units," with nearly 2,400 affordable units (12 percent at 80 percent of area median income and 8 percent at 50 percent AMI), and with the San Francisco Redevelopment Agency "utilizing additional funding to drive these affordability levels even lower."

Noting that Prop. G. yields a "minimally acceptable return" of 17 to 18 percent in profit, CBRE estimates that Prop. F would means "a loss of $500 million in land sales revenue" thanks to the loss of 2,400 market-rate units from the equation. With subsidies of $125,000 allegedly needed to complete each affordable unit, CBRE predicts there would be a further cost of "$300 million to $400 million" to develop the 2,400 additional units of affordable housing prescribed under Prop. F.

Factoring in an additional $500 million loss in tax increments and Mello-Roos bond financing money, CBRE concludes, "the overall impact from [the Prop. F initiative] is a $1.1 to $1.2 billion loss of project revenues … the very same revenues necessary to fund infrastructure and community improvements."

Yet critics of the Lennar project say that just because it pencils out for the developer doesn’t mean it’s good for the community, which would be fundamentally and permanently changed by a project of this magnitude. Coleman’s Advocates’ organizing director Tom Jackson told us his group decided to oppose Prop. G "because we looked at who is living in Bayview-Hunters Point and their income levels.

"Our primary concern isn’t Lennar’s bottom line," Jackson continued. "Could Prop. F cut into Lennar’s profit margin? Yes, absolutely. But our primary concern is the people who already live in the Bayview."

Data from the 2000 US census shows that BVHP has the highest percentage of African Americans compared to the rest of the city — and that African Americans are three times more likely to leave San Francisco than other ethnic groups, a displacement that critics of the Lennar project say it would exacerbate.

The Bayview also has the third-highest population of children, at a time when San Francisco has the lowest percentage of children of any major US city and is struggling to both maintain enrollment and keep its schools open. Add to that the emergence of Latino and Chinese immigrant populations in the Bayview, and Jackson says its clear that it’s the city’s last affordable frontier for low-income folks.

The problem gets even more pronounced when one delves into the definition of the word "affordable" and applies it to the socioeconomic status of southeast San Francisco.

In white households, the annual median income was $65,000 in 2000, compared to $29,000 in black households — with black per capita income at $15,000 and with 14 percent of BVHP residents earning even less than $15,000.

The average two-bedroom apartment rents in San Francisco for $1,821, meaning households need an annual AMI of $74,000 to stay in the game. The average condo sells for $700,000, which means that households need $143,000 per year to even enter the market.

In other words, there’s a strong case for building higher percentages of affordable housing in BVHP (where 94 percent of residents are minorities and 21 percent experience significant poverty) than in most other parts of San Francisco. Yet the needs of southeastern residents appear to be clashing with the area’s potential to become the city’s epicenter for new construction.

San Francisco Republican Party chair Howard Epstein told the Guardian that his group opposed Prop. F, believing it will kill all BVHP redevelopment, and supported Prop. G, believing that it has been in the making for a decade and to have been "vetted up and down."

While a BVHP redevelopment plan has been in the works for a decade, the vaguely defined conceptual framework that helped give birth to Prop. G this year was first discussed in public only last year. In reality, it was hastily cobbled together in the wake of the 49ers surprise November 2006 news that it was rejecting Lennar’s plan to build a new stadium at Monster Park and considering moving to Santa Clara.

As the door slammed shut on one opportunity, Lennar tried to swing open another. As an embarrassed Newsom joined forces with Feinstein to find a last-ditch solution to keep the 49ers in town, Lennar suggested a new stadium on the Hunters Point Shipyard, surrounded by a dual use parking lot perfect for tailgating and lots of new housing on Candlestick Point to pay for it all.

There was just one problem: part of the land around the stadium at Candlestick is a state park. Hence the need for Prop. G, which seeks to authorize this land swap along with a repeal of bonds authorized in 1997 for a stadium rebuild. As Cohen told the Guardian, "The only legal reason we are going to the voters is Monster Park."

As it happens, voters still won’t know whether the 49ers are staying or leaving when they vote on Props. F and G this June, since the team is waiting until November to find out if Santa Clara County voters will support the financing of a new 49er stadium near Great America.

Either way, Patrick Rump of Literacy for Environmental Justice has serious environmental concerns about Prop. G’s proposed land swap.

"Lennar’s schematic, which builds a bridge over the Yosemite Slough, would destroy a major restoration effort we’re in the process of embarking on with the state Parks [and Recreation Department]," Rump said. "The integrity of the state park would easily be compromised, because of extra people and roads. And a lot of the proposed replacement parks, the pocket parks … don’t provide adequate habitat."

Rump also expressed doubts about the wisdom of trading parcels of state park for land on the shipyard, especially Parcel E-2, which contains the landfill. Overall, Rump said, "We think Lennar and the city need to go back to the drawing board and come up with something more environmentally sound."

John Rizzo of the Sierra Club believes Prop. G does nothing to clean up the shipyard — which city officials are seeking to take over before the federal government finishes its cleanup work — and notes that the initiative is full of vague and noncommittal words like "encourages" that make it unclear what benefits city residents will actually receive.

"Prop. G’s supporters are pushing the misleading notion that if we don’t give away all this landincluding a state park — to Lennar, then we won’t get any money for the cleanup," Rizzo said. "But you don’t build first and then get federal dollars for clean up! That’s a really backwards statement."

The "Yes on G" campaign claims its initiative will create "thousands of construction jobs," "offer a new economic engine for the Bayview," and "provide new momentum to win additional federal help to clean up the toxins on the shipyard."

Michael Theriault, head of the San Francisco Building and Construction Trades, said his union endorsed the measure and has an agreement with Lennar to have "hire goals," with priority given to union contracts in three local zip codes: 94107, 94124, and 94134.

"There will be a great many construction jobs," Theriault said, though he was less sure about Prop. G’s promise of "8,000 permanent jobs following the completion of the project."

"We endorsed primarily from the jobs aspect," Theriault said. The question of whether the project helps the cleanup effort or turns it into a rush job is also an open question. Even the San Francisco Chronicle, in a January editorial, criticized Newsom, Feinstein, and Pelosi for neglecting the cleanup until "when it seemed likely that the city was about to lose the 49ers."

All three denounced the Chronicle‘s claims, but the truth is that the lion’s share of the $82 million federal allocation would be dedicated to cleaning the 27-acre footprint proposed for the stadium. Meanwhile, the US Navy says it needs at least $500 million to clean the entire shipyard.

Sup. Ross Mirkarimi said the city should wait for a full cleanup and criticized the Prop. G plan to simply cap contaminated areas on the shipyard, rather than excavate and remove the toxins from the site.

"That’s like putting a sarcophagus over a toxic wasteland," Mirkarimi told us. "It would be San Francisco’s version of a concrete bunker around Chernobyl."

Cohen of the Mayor’s Office downplays the contamination at the site, telling us that on a scale of one to 10 among the nation’s contaminated Superfund sites, the shipyard "is a three." He said, "the city would assume responsibility for completing the remaining environmental remediation, which would be financed through the Navy."

But those who have watched the city and Lennar bungle development of the asbestos-laden Parcel A (see The corporation that ate San Francisco, 3/14/07) don’t have much confidence in their ability to safely manage a much larger project.

"Who is going to take the liability for any shoddy work and negligence once the project is completed?" Mirkarimi asked.

Lennar has yet to settle with the Bay Area Air Quality Management District over asbestos dust violations at Parcel A, which could add up to $28 million in fines, and investors have been asking questions about the corporation’s mortgage lending operations as the company’s stock value and bond rating have plummeted.

To secure its numerous San Francisco investments, including projects at Hunters and Candlestick points and Treasure Island, Lennar recently got letters of intent from Scala Real Estate Partners, an Irvine-based investment and development group.

Founded by former executives of the Perot Group’s real estate division, Scala plans to invest up to $200 million — and have equal ownership interests — in the projects, which could total at least 17,000 housing units, 700,000 square feet of retail and entertainment, 350 acres of open space, and a new football stadium if the 49ers decide to stay.

Bonner said that, if completed, the agreement satisfies a city requirement that Lennar secure a partner with the financial wherewithal to ensure the estimated $1.4 billion Candlestick Point project moves forward even if the company’s current problems worsen.

Meanwhile, Cohen has cast the vagaries of Prop. G as a positive, referring to its spreadsheet as "a living document, a moving target." Cohen pointed out that if Lennar had to buy the BVHP land, they’d get it with only a 15 percent affordable housing requirement.

"Our objective is to drive the land value to zero by imposing upon the developer as great a burden as possible," Cohen said. "This developer had to invest $500 million of cash, plus financing, and is required to pay for affordable housing, parks, jobs, etc. — the core benefits — without any risk to the city."

But Cohen said the Prop. F alternative means "nothing will be built — until F is repealed." He also refutes claims that without the 49ers stadium, 50 percent affordability is doable.

"Prop G makes it easier to make public funds available by repealing the Prop D bond measure," Cohen explained. "But Prop. G also provides that there will be no general fund financial backing for the stadium, and that the tax increments generated by the development will be used for affordable housing, jobs, and parks."

But for Lennar critics like the Rev. Christopher Mohammad, who has battled the company since the Islamic school he runs was subjected to toxic dust, even the most ambitious promises won’t overcome his distrust for the entity at the center of Prop. G: Lennar.

In a fiery recent sermon at the Grace Tabernacle Community Church, Mohammad recalled the political will that enabled the building of BART in the 1970s. "But when it comes to poor people, you can’t build 50 percent affordable. That will kill the deal," Mohammad observed.

"Lennar is getting 700 prime waterfront acres for free, and then there’ll be tax increment dollars they’ll tap into for the rebuild," he continued. "But you mean you can’t take some of those millions, after all the damages you’ve done? It would be a way to correct the wrong."

Guide to greener living

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Click here for even more green businesses and services, including Green Citizen, Green Zebra, PLANTSF and more!

ERECYCLE CAMPAIGN


Want to obey the bumper stickers and kill your television? That’s OK. But be careful where you bury it. TVs, as well as computers, DVD players, and all kinds of electronics, have no business in landfills. They’re made of plenty of metal which can be recycled, along with plenty of chemicals that are hazardous to the public. The eRecycle campaign, sponsored by the California Integrated Waste Management Board, maintains a Web site of local pickup and drop-off services for your e-waste — and thankfully, just in time for the high-def TV changeover in 2009.

www.erecycle.org

ECO HOME IMPROVEMENT


Want a greener home from the ground up? This is your one-stop shop. From flooring and cabinets to decor and lighting, everything here is natural, sustainable, and eco-friendly.

2617-2619 San Pablo, Berk. (510) 644-3500, www.ecohomeimprovement.com

DR. NAMRATA PATEL


Finding the right dentist is tough. But Dr. Namrata Patel makes your decision easier with her new LEED-certified (that’s Leadership in Energy Efficiency and Design) office. Patel uses nontoxic products — keeping PVC, formaldehyde, and chlorine out of everything from floors to cabinetry. She’s careful about reducing waste. She uses minimal radiation and a special filtration system for dealing with mercury fillings. Even her office furnishings are made with recycled materials. And yes, she accepts insurance!

360 Post, Suite 704, SF. (415) 433-0119, www.sfgreendentist.com

SAN FRANCISCO GREEN BUSINESS PROJECT


Want to make sure your favorite restaurant or preferred electrician uses green practices? This online resource will point you toward businesses in SF, from bars to baby clothes retailers, who are committed to the environment.

www.sfenvironment.com/greenbiz

LUSCIOUS GARAGE


The actual act of driving isn’t the only reason having a car is hard on the environment. Maintaining it is too. But Luscious Garage is trying to help on both accounts. This woman-owned and operated facility specializes in hybrids, and runs the whole business as sustainably as possible, from the machine shop to the office. And for these luscious ladies, sustainably goes beyond chemicals and objects — they also sustain their community by hosting classes and a hybrid car club in their beautiful facility.

459 Clementina, SF. (415) 875-9030, www.lusciousgarage.com

PAT’S GARAGE


Like Luscious Garage’s brother, Pat’s also focuses on environmentally friendly business practices. Bring your Honda, Acura, or Subaru for services you can feel good about. Or, if you have a hybrid, you can work with Pat’s partners, Green Gears, to upgrade your hybrid with plug-in capabilities. Bonus? They offer free car classes for women.

1090 26th St., SF. (415) 647-4500, www.patsgarage.com, www.greengears.com

KEETSA


This SF-based business wants you to rest easy with their eco-friendly mattresses. With recycled steel in the coils, bamboo and unbleached natural cotton for fabrics, nonchemical odor-controlling and antibacterial treatments, and ingenious use of scrap memory foam bits, every mattress is as kind to the earth as it is to your body. Keetsa further reduces its carbon footprint with its innovative mattress compression technique, allowing for easier and more efficient transport. But are they good mattresses? They must be. After less than a year in business, they’re already opening a store in Fairfield.

271 Ninth St., SF. (415) 252-1575, www.keetsa.com

ECOHAUL


Just bought a new Keetsa and want to get rid of your tired old Sealy? Don’t just throw it in the trash. If you don’t live on one of those SF streets where a stranger will pick up your stuff from the sidewalk within an hour, call San Rafael–based Ecohaul. This nationwide service will pick up your furniture, appliances, yard waste, and just about anything else you can think of. Then they’ll reuse, recycle, and repurpose everything they can, diverting as much from the landfill as possible.

1-800-ecohaul, www.ecohaul.com

THE ORCHARD GARDEN HOTEL


You’ve greened up your home, so why not find an eco-friendly home away from home? The Orchard Garden was the third hotel in the United States to be given LEED certification for its key card energy control system (SF’s first — it’s based on the European model), organic bath products, natural materials, and general commitment to sustainability. Also check out its sister hotel, the Orchard, on Union.

466 Bush, SF. (415) 399-9807, www.theorchardgardenhotel.com

EPI CENTER MEDSPA


Ten years ago, Epi Center was the first spa in the country to combine traditional spa treatments and medical procedures. Now it celebrates its anniversary with a new innovation: the ecomedspa. This LEED-certified arm of the original spa combines regular procedures with organic treatments in a healthy environment, all according to the principles of William McDonough’s "Cradle to Cradle."

450 Sutter, SF. (415) 362-4754, www.skinrejuv.com

NEPALESE PAPER


Based in Penngrove, this company imports handmade Nepali paper made from bark of a white shrub called lokta, which regrows after pruning. Not only does this mean no trees are cut down, it also means employment for many women in Kathmandu Valley and financial support for village regions of Nepal. Plus, the paper’s gorgeous. Order online, or find it at Stylo, Autumn Express, Kinokuniya Stationery and Gifts, or San Francisco State University.

(707) 665-9055, www.nepalesepaper.com

MORE DIRT


Make a fashion statement with these simple, 100-percent organic T-shirts by Heidi Quante. The shirts, which are brown with white lettering saying "More Dirt" on the front are meant to capture attention and send people to Quante’s Web site, which shows people how to combat global warming through planting trees, establishing community gardens, and using permaculture techniques. Inks are made without PVC or phthalates, and shirts come in sizes for men, women, and babies.

www.moredirt.org

A. MACIEL PRINTING


Family owned and operated since 1984, A. Maciel specializes in recycled and tree-free papers as well as soy-based inks. What’s even better? The shop is completely wind-powered. Though the print shop is capable of doing corporate jobs, A. Maciel caters to nonprofits and community groups like the American Land Conservancy, Forest Ethics, and Greenpeace. They’re also part of Northern California Media Workers/Typographical Union. Sure beats Kinko’s.

50 Mendell, Unit #5, SF. (415) 648-3553, www.amacielprinting

TRANSPORTEDSF


All aboard the ecobus! This organization takes Das Frachtgut, the veggie oil–fueled bus Jens-Peter Jungclaussen uses as a mobile classroom, on an ecofriendly party tour. Movie nights are all about watching modern classics and then doing some kind of relevant outdoor activity (e.g., see The Big Lebowski, then bowl outside). Dance nights turn the bus into a mobile DJ booth and an instant, impromptu club. It’s fun, safe (no drunk driving, kids!), and above all, Earth friendly.

www.transportedsf.com

A less perfect union

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› jesse@sfbg.com

By nearly every measure, the Service Employees International Union has become a juggernaut. As the rest of organized labor has seen its share of the American workforce continue to dwindle, SEIU has brought in some 800,000 new dues-paying members in recent years. With the Democratic Party taking over Congress in 2006, the 1.9 million-member organization, rich with campaign funds, wields enormous political clout, and it will only become more formidable if Hillary Clinton or Barack Obama wins the White House in November.

But all is not well inside the labor giant. Andy Stern, the union’s president, has pushed hard for merging and consolidating local chapters into larger operations — and many SEIU members, especially here on the West Coast, say that’s turning the union into a top-down autocracy in which Stern loyalists wield undue influence and meddling officials from Washington, DC squelch dissent.

And now, the Guardian has learned, Stern operatives are using their money and organizing clout in a hard-hitting campaign — not to force an employer to the table or to toss out an anti-union politician, but to discredit another labor leader.

The campaign is part of a bruising power struggle between Stern and dissident local leader Sal Rosselli, who runs the Oakland-based SEIU affiliate United Health Care Workers West. In the past few months, union insiders say, SEIU officials, including a senior assistant to Stern, set up what one leader called a "skunk team" to undermine Rosselli’s efforts at winning key union delegate elections. At one point, the team — which involved a political consulting firm linked to big downtown businesses — discussed an opposition research file compiled on Rosselli by a health-care giant his union was fighting

And leading up to the delegate elections last month, SEIU staffers worked to promote Stern-supporting candidates, possibly in violation of union rules, while actively discouraging other union employees from campaigning. That’s led to a formal complaint alleging improper involvement by Stern’s staff in a local union election.

EMERGING TENSIONS


In 2005, Thomas Dewar went to work as a press secretary at Local 790, formerly SEIU’s biggest San Francisco outlet, which represented approximately 30,000 workers, most of them public employees. Local 790 was among the most politically progressive union shops in the country, supporting left-leaning candidates for office and progressive causes like public power. In early 2007, Andy Stern initiated a merger of 790 with nine other regional locals. The move was part of a larger consolidation in the state that saw the number of California union affiliates reduced by nearly half.

The new Northern California superlocal was dubbed 1021, as in "10 to one." Local 1021 has continued 790’s liberal activism. But right after the merger was finalized, Dewar and other sources told the Guardian, the atmosphere around the union changed for the worse.

"A lot of members had anxiety," Dewar recounted. Most troubling, he said, was the insertion of Stern appointees into leadership positions, including current president Damita Davis-Howard. "Members were upset. They saw co-workers whom they had elected unilaterally removed by a guy in DC and replaced by his handpicked appointments."

Ed Kinchley, a Local 1021 member who was appointed by Stern to the local’s executive board after the consolidation, shared Dewar’s memory of the tensions. "You had 10 different locals with 10 different ways of doing things. It’s difficult to merge all of that. A lot of people who had been elected to leadership positions were removed."

Dewar told us he struggled to adjust to his new working environment. But after his initial misgivings, he said he devoted himself to backing Stern’s vision for the combined local: "We were told over and over that change is hard. So I decided to give it an honest shot." Dewar said he worked to get good press for 1021 and to build Davis-Howard’s profile.

But early this year, tensions between Rosselli and Stern flared — and according to Dewar, top staffers at 1021 began to focus more and more of their attention on the feud.

"They were freaking out about Sal," he said.

Enraged at what he considered International meddling in the affairs of his Oakland-based local, United Healthcare Workers West, Rosselli resigned from SEIU’s executive committee in early February. He also began championing a "Platform for Change" to be voted on at the upcoming SEIU convention in June. Among other things, the Rosselli-backed slate of reforms would give local union outlets more say in proposed mergers and collective bargaining agreements. The platform, if approved, would also scrap the current delegate system for electing International officials and replace it with a one-member, one-vote structure.

According to Dewar’s account and to evidence obtained by the Guardian, top SEIU officials have been working overtime to counter Rosselli — even pushing the boundaries of the union’s own rules and colluding with political consultants who have often opposed organized labor.

‘THE ANTI-CHRIST’


In early March, Dewar said that in early March, Josie Mooney, a former Local 790 president who is now a top assistant to Stern, approached him about joining what she characterized as a "skunk team that Andy and I are putting together." Dewar recalls Mooney telling him that the purpose of the team was to counter Rosselli’s increasing popularity with the rank and file, and to sink Rosselli’s platform for the convention.

Dewar told us that Mooney asked him to join the skunk team during a brunch meeting at the Fog City Diner in early March. An e-mail exchange he shared with us shows that he and Mooney discussed having brunch at the diner on March 1.

Mooney did not return numerous calls for comment and, through an SEIU spokesperson, she declined to speak for this article. But Dewar told us Mooney promised him at the brunch that his assistance in her efforts would win him positive attention from Stern. The team, she reportedly told him, was directly authorized by Stern and "that resources would not be a problem."

Dewar said he vacillated about joining the team, torn about aiding what he considered to be an internal union smear squad. "In 1021, we’re conditioned to think that Sal Rosselli is the anti-Christ," Dewar told us. "But even still, he was still a part of the same union." A March 4 e-mail from Mooney’s SEIU e-mail account to Dewar shows her urging Dewar to make up his mind: "You have to give me your commitment. I am (as we speak) selling you at the highest levels. Don’t blow that :)."

Dewar eventually agreed to join Mooney, Tom DeBruin — an elected vice president of SEIU International — and someone Dewar said Mooney referred to as the team’s "silent partner" for a dinner meeting.

E-mails from Mooney and other attendees show that the meeting took place March 10 at Oliveto Restaurant in Oakland.

Mooney’s "silent partner" turned out to be Mark Mosher, of the enormously successful San Francisco consulting firm, Barnes, Mosher, Whitehurst, Lauter, and Partners (BMWL). John Whitehurst, another of the firm’s partners, also attended the dinner.

BMWL has worked for the SEIU since 2001. But its client roster also included Sutter Health and the Committee on Jobs. Both organizations have less-than-stellar reputations among organized labor. Nurses at 10 Bay Area Sutter hospitals recently walked off the job for a 10-day strike. The Committee on Jobs is one of the largest lobbying organizations for downtown San Francisco business interests and has fought against numerous union causes. Mosher told the Guardian by phone that, as of November of last year, the Committee is no longer a BMWL client.

THE ROSSELLI FILE


Dewar claims Sal Rosselli was the central topic of conversation at the dinner. At one point, he says, the participants discussed an "oppo research" file on Rosselli compiled by Sutter Health. The hospital giant has clashed repeatedly with Rosselli and apparently had sought to dig up dirt on him.

Whitehurst worked for Sutter in the 1990s. His efforts for the hospital chain during a ballot campaign in 1997 earned him a place on the California Labor Federation’s "do not patronize" list.

Mosher confirmed by phone that Rosselli’s file at Sutter did in fact come up at Oliveto that evening. But he said Dewar "baited" him and Whitehurst into discussing it. Furthermore, he said, Whitehurst reported that Rosselli’s file was "clean."

In fact, a March 12, 2008 e-mail from Dewar to Mosher suggests that the team focus on Rosselli’s "hypocrisy" and states, "Have we approached anyone at Sutter re: dirt on Sal? Have we been able to peek into their oppo file?"

Later that day Mosher replied, "John Whitehurst read Sutter’s whole oppo file on Sal in 1997." In a follow-up message, Mosher writes that the file "really supports the idea that he’s not motivated by money."

DeBruin did not return calls for comment. Kami Lloyd, communications coordinator for Sutter, disputed whether the oppo file even existed: "To my knowledge," she told us, "no such file exists at Sutter Health."

Reached for comment, Rosselli reacted angrily to news of the alleged "skunk team" and the fact that a research file on him, compiled by a corporation perceived to be anti-union, was being discussed among SEIU officials. "It’s shocking. It’s treasonous. For Andy Stern to be using our members’ dues money to finance [a smear] campaign against his own members in United Healthcare Workers, it’s fundamentally anti-union."

Mosher defended his firm’s involvement with SEIU. He told us that he and Whitehurst were "not brought on board to do negative things against Sal Rosselli." Instead, he said their mission has been to help tout the union’s accomplishments as it prepares to hold its convention from June 1-4 in Puerto Rico.

SEIU spokesman Andy McDonald echoed Mosher’s description of the firm’s duties. Both Mosher and McDonald brought up the fact that Whitehurst has also worked for Rosselli’s UHW union.

UHW’s Paul Kumar confirmed that Whitehurst is currently "on our payroll" to assist in a dispute against Sutter Health — the very company Whitehurst worked for in the 1990s and the same source that provided him with access to Rosselli’s research file. "These guys [BMWL] claim they are trying to reinvent themselves," Kumar said. "But to be on our payroll and to engage directly in executing a dirty tricks program … is about the most blatant violation of professional ethics I can imagine."

Whitehurst did not return calls for comment.

Dewar claimed he urged Mooney and the other attendees of the March 10 dinner to consider "appropriating" Rosselli’s democratic reforms. "The members would all wildly support it. And that way, if the International co-opted Rosselli’s ideas, then [the internal conflict] really would be about this clash of personalities, Rosselli versus Stern, instead of ideas." According to Dewar, Mosher and Whitehurst were receptive to the proposal to co-opt Rosselli’s initiatives, but that "Josie nixed it."

When we asked Mosher if he remembered this exchange from the meeting, he said his memory was "hazy" and that "a lot was being discussed that night."

Although Dewar was, by his own account, an active participant in the skunk team, he says he started to have second thoughts. The dinner at Oliveto, Dewar said, and the discussion of Sutter’s file on Rosselli, "made me want to take a shower … the cynicism I was exposed to was toxic."

One week later, he sent Mooney an e-mail informing her that, "Today’s my last day at SEIU … the circular firing squads that are now forming in the local and in SEIU nationally have left me jaded, stressed out, and depressed."

SEIU’s McDonald denied that the skunk team exists, or ever existed. He added that "the meeting [at Oliveto] was about talking about how [Mosher] could help SEIU communicate our message … within the context of the misinformation campaign being spread by Sal Rosselli and UHW’s leaders."

OUTSIDE INFLUENCE


The rancor between Rosselli and Stern has reached a boiling point in recent weeks. In compiling this story, we had to wade through reams of documents and endure long expatiations from officials and press flaks about the sins of the other side. Both factions have constructed slick, professional-looking Web sites to question the probity of their rivals, and both have coined kitschy names for their respective policy initiatives. The SEIU has countered Rosselli’s "Platform for Change" with what union leaders call a "Justice for All" platform.

But the internecine struggle may have driven Josie Mooney and other high-level SEIU staffers to do much more than vent about Rosselli or seek dirt on him from political consultants. E-mails obtained by the Guardian suggest that she and other SEIU officials worked to influence an important local delegate election last month — possibly in violation of union rules — and, some union members now allege, in violation of federal law.

Delegates selected in the election will attend the union’s international convention in June and will decide between the Rosselli’s "Change" and Stern’s "Justice" platforms. The outcome of that vote, and others like it, will shape the mammoth labor organization’s future for years to come. And the e-mails appear to show a concerted effort by Mooney and Stern loyalists to ensure that Rosselli’s dissidents don’t stack the convention and push through their set of reforms.

Referring to themselves in the e-mails as the "Salsa Team," SEIU staffers discussed strategy and coordinated campaign activity for the delegate election with high-ranking union officials like Mooney and Damita Davis-Howard, the president of Local 1021, the e-mails show. In a formal complaint, some members charge that these activities violated Local 1021’s Election Rules and Procedures — specifically Rule 18, which states that "while in the performance of their duties, union staff shall remain uninvolved and neutral in relation to candidate endorsements and all election activities."

While Rule 18 does not specifically spell out when union staff can advocate for candidates, other than proscribing such activities "while in performance of their duties," the e-mails in our possession are date- and time-stamped, and at least one was sent during normal business hours. Furthermore, the Guardian has obtained an internal memo from Local 1021 official (and apparent Salsa Team member) Patti Tamura in which she warned union staffers that the phrase "’performance of their duties’ goes beyond [Monday through Friday] and 9-5p."

One Local 1021 official who asked not to be identified told us that Tamura’s memo appeared to be a clear message that staff should stay completely out of the election. "They made it perfectly clear to the lower staff that your employment doesn’t stop [after hours]; you’re still staff. That means you don’t get involved. But now it turns out they themselves were doing it. That’s a double standard … it’s certainly not right."

The messages between Salsa Team members show them actively working to recruit potential delegates sympathetic to Stern’s platform and to aid Davis-Howard in her bid to represent the union at the June convention. One missive, dated Feb. 18, which appears to come from the personal e-mail account of Local 1021 employee Jano Oscherwitz and was sent to what appear to be the personal accounts of Tamura and Mooney, requests that a "message for Damita" be drafted.

A forwarded e-mail from that same day, from Oscherwitz to what appear to be personal e-mail accounts for Tamura, fellow 1021 staffer Gilda Valdez, and "Damita" includes a "Draft Message" with bulleted talking points, apparently for Davis-Howard to use as she "Collect[s] Signatures on Commitment Cards."

"Commitment cards" refers to pledges from union members to support certain delegates.

The e-mails go beyond merely aiding Davis-Howard and other Stern-backed candidates. They also include detailed strategy for opposing Rosselli and countering his message. A March 5 Salsa Team message includes an attached document with several talking points critical of the dissident leader. In the body of the e-mail, SEIU staffer Gilda Valdez advises Davis-Howard, Mooney, 1021 Chief of Staff Marion Steeg, and others to "Memorize the points in talking to folks." Valdez goes on to say in the e-mail that she "will be calling … about your assignments."

Reached for comment, Davis-Howard confirmed that the AOL e-mail account listed as "Damita" was hers. But she claimed no knowledge of the Salsa Team or the messages sent to her. "If you’re saying those e-mails went to my home computer, who knows if I ever even got them?"

Davis-Howard bristled at the suggestion that the Salsa Team’s activities violated union rules. "Are you trying to tell me that I can never campaign? Does it [Rule 18] say that I have to be neutral and uninvolved 24 hours a day?"

Calls to Mooney, Oscherwitz, Valdez, and Tamura were not returned. Through an SEIU spokesman, Mooney declined to comment.

A BAD AFTERTASTE


On April 4, three days after the Guardian first reported on the Salsa Team e-mails on our Web site, Sanchez and several other 1021 officials filed a formal complaint with the union’s election committee. In the complaint, they accuse Davis-Howard and the other team members of vioutf8g Rules 10 and 18 of the union’s election codes. Rule 10 forbids "the use of union and employer funds … to support any candidate."

Local 1021 executive board member and Stern appointee Ed Kinchley authored part of the complaint. According to the text, which was obtained by the Guardian, Kinchley wrote, "While telling other staff that they may be fired for any intervention in this election, Ms. Davis-Howard and the others involved secretly did exactly what they told other staff they were forbidden from doing."

The complaint was signed by 16 Local 1021 officials, including numerous members of the local’s executive board. It called on the election committee to remove Davis-Howard "from the elected Delegate list" and to bar Salsa Team members from attending the convention in June.

The issue also has landed in federal court, where UHW was expected to file against Stern and other SEIU officials, alleging interference in delegate elections.

More cynical sources both inside and outside SEIU told us they believe the Rosselli-Stern feud boils down to one thing: power — either holding onto or expanding it. But labor scholar and former Local 790 member Paul Johnston had a more nuanced perspective.

Johnston, who taught at Yale and, until recently, worked for the Monterey Bay Labor Council, told us he admired both leaders and the work each has done on behalf of the larger union. Calling the current strife "a huge can of worms," he added, "These are questions of principle and there are good ideas on both sides."

Stern’s push to increase the union’s bargaining and political clout through more consolidation, Johnston went on, "has some very positive aspects to it…. In the old days, many of these kind of mergers were done for purely political power. The mergers being conducted today [at Stern’s direction] are primarily strategic, though. But there are some power issues that inevitably arise." On the other hand, he said, Rosselli’s UHW, "is a dynamic organizing union that has [its] own issues."

After Home Depot

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EDITORIAL The proposal to build a Home Depot store on Bayshore Boulevard was a textbook example of terrible city planning. The community never asked for a big-box chain store; no city plans ever discussed how big-box retail would help the local economy. Instead, about eight years ago the giant Atlanta-based corporation decided it wanted a store in San Francisco, hired Jack Davis, a political consultant close to then-Mayor Willie Brown, and, after a brutal and unpleasant battle, got permission to build a giant suburban-style outlet of more than 100,000 square feet with a massive parking garage in a city where transit and pedestrian access are considered primary land-use values.

And now that Home Depot has decided, based on its business projections, that the whole thing was a bad idea and is backing out, San Francisco has a chance to turn the big empty lot on Bayshore into something that serves the community. There’s a chance to make this a model for city planning, an example of how to do economic development right for a change. The mayor, city planners, and the supervisors need to insist on a credible process.

From the start, the fight over Home Depot was toxic, pitting small business owners, who feared that the discount chain would destroy local merchants, and Bernal Heights residents, who feared the traffic, noise, and pollution a car-dependent outlet would bring to the area, against Bayview-Hunters Point residents who desperately needed jobs. Home Depot lobbyists did their best to push the divide, arguing that employment opportunities at the store would help spur economic development in one of the city’s poorest neighborhoods.

Lost in the rhetoric was the fact that the chain promised only about 200 new jobs, and would offer only a "good-faith effort" to hire half of those people from the neighborhood. In other words, at best, an eight-acre project — one of the biggest retail developments in the city — would lead to 100 new jobs for Bayview residents. That was, to put it mildly, an abysmal deal.

An environmental impact report on the project essentially dismissed all of the neighborhood concerns, even arguing that air-quality impacts from increased car exhaust wouldn’t count as an impact. The report tossed aside the fate of small businesses, particularly hardware stores, by saying that the store owners could simply start selling something else. Still, the supervisors voted to approve the project.

But now, after all that bitterness and expense, Home Depot is walking away, citing a sluggish market for home-improvement products. Mayor Gavin Newsom is begging the company not to abandon the plans altogether; he’s urging Home Depot executives to put the project on hold until the economy improves. That’s tantamount to saying that the Bayshore site should stay vacant for a few more years — which does no good for anybody. Instead of whining and begging a big corporation to bestow its blessings on poor San Francisco, Newsom ought to look at this as an opportunity.

Sup. Tom Ammiano, whose district borders on the site and who led the opposition to Home Depot, is calling for a community planning process that would bring the key stakeholders to the table to talk about how that land should be used. Sup. Sophie Maxwell, a Home Depot supporter whose district includes the site, ought to join with him. The goal ought to be a planning process that starts with the right questions: What sort of development does the community want? What use would create the most jobs that best fit the local labor pool and the employment needs of the area? What would benefit the city’s economy without damaging small business? Should part of the site be used for affordable housing?

There are all sorts of possibilities, but given Newsom’s pledge to be a "green mayor" and the value of new green-collar jobs, one obvious idea might be turning the place into a solar-energy center. Proper zoning, incentives, and public encouragement might attract solar manufacturing, solar installation services, and a solar hardware store with do-it-yourself kits for homeowners.

The city obviously can’t dictate what sorts of businesses would want to move to Bayshore, but planners can set criteria to steer development. That process ought to begin now, openly, with every interested party involved — and it should have a bottom line: no more suburban chain stores in San Francisco.

SEIU skullduggery

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>jesse@sfbg.com

As an internal power struggle wracks the giant Service Employees International Union, emails obtained by the Guardian suggest that SEIU officials may have violated union rules by working to influence an important San Francisco delegate election last month.

Delegates selected by Local 1021, based in SF, will attend the union’s international convention in June and will vote on a series of democratic reforms put forward by dissident labor leader Sal Rosselli. In recent weeks, Rosselli has clashed publicly with SEIU’s international president Andy Stern over Stern’s increasing consolidation of the 1.9 million-member labor organization.

And the emails appear to show a concerted effort by Stern’s senior staff and local loyalists to ensure that the dissidents don’t dominate the convention delegation.

Referring to themselves in the emails as the “Salsa Team,” SEIU staffers discussed strategy and coordinated campaign activity for the delegate election with high-ranking union officials like Damita Davis-Howard, the president of Local 1021, and Josie Mooney, a special assistant to Stern, the emails show.

Critics charge that these activities violated Local 1021’s Election Rules and Procedures – specifically Rule 18, which states, “While in the performance of their duties, union staff shall remain uninvolved and neutral in relation to candidate endorsements and all election activities.”

While Rule 18 does not specifically spell out when union staff can advocate for candidates, other than proscribing such activities “while in performance of their duties,” the emails in our possession are date and time stamped and several of them were sent during business hours.

Furthermore, the Guardian has obtained an internal memo from Local 1021 official Patti Tamura in which she warned union staffers that the phrase “‘performance of their duties’ goes beyond [Monday through Friday] and 9-5p.”

One Local 1021 official who asked not to be identified told us that Tamura’s memo appeared to be a clear message that staff should stay completely out of the election. “They made it perfectly clear to the lower staff that your employment doesn’t stop [after hours], you’re still staff. That means, you don’t get involved. But now it turns out they themselves were doing it. That’s a double standard … it’s certainly not right.”

The messages between Salsa Team members show them actively working to recruit potential delegates sympathetic to Stern’s vision for the SEIU and to aid Davis-Howard in her bid to represent the union at the June convention. One missive, dated February 18, which appears to come from the personal email account of Local 1021 employee Jano Oscherwitz and was sent to what appear to be the personal accounts of Tamura and Mooney, requests that a “message for Damita” be drafted.

According to the time stamp on the message, Oscherwitz sent it at 12:03 PM. Feb. 18 was a Monday. [Update: February 18th was the President’s Day holiday. However an email stamped 4:26 PM on the following day, Tuesday the 19th, shows Salsa Team members continuing to confer about Davis-Howard’s campaigning, as well as the recruitment of potential delegates.]

A forwarded email stamped 3:18 PM on that same day, from Oscherwitz to what appear to be personal email accounts for Tamura, fellow 1021 staffer Gilda Valdez, and “Damita” includes a “Draft Message” with bulleted talking points, apparently for Davis-Howard to use as she “Collect[s] Signatures on Commitment Cards.”

“Commitment cards” refers to pledges from union members to support certain delegates.

At the convention, scheduled for June 1 through 4 in Puerto Rico, delegates will weigh in on a series of reforms backed by Roselli, chief of the United Health Care Workers West. These reforms include eliminating the current delegate system for electing union leaders, giving local unions more authority in bargaining for their own contracts, and granting locals more say in proposed mergers.

Stern opposes Rosselli’s reforms. A March 5 Salsa Team message includes an attached document with several talking points critical of Rosselli. In the body of the email, SEIU staffer Gilda Valdez advises Davis-Howard, Mooney, 1021 chief of staff Marion Steeg, and others to “Memorize the points in talking to folks.” Valdez goes on to say in the email that she “will be calling … about your assignments.”

Reached for comment, Davis-Howard confirmed that the AOL email account listed as “Damita” was hers. But she claimed no knowledge of the Salsa Team or the messages sent to her. “If you’re saying those emails went to my home computer, who knows if I ever even got them?”

Despite her unwillingness to acknowledge whether she had received the messages, Davis-Howard bristled at the suggestion that the Salsa Team’s activities violated union rules. “Are you trying to tell me that I can never campaign? Does it [Rule 18] say that I have to be neutral and uninvolved 24 hours a day?”

Calls to Mooney, Oscherwitz, Valdez, and Tamura were not returned.

But some union members think there’s a serious problem here. In a written statement, Roxanne Sanchez, who was the president of the San Francisco local before it was merged with other Northern California locals to create 1021, accused Davis-Howard and the Salsa Team of “rigging the outcome” of the delegate election.

“This type of breach in ethical conduct – at such a high level – threatens the foundation of trust and confidence in our Union and in President Damita Davis-Howard’s ability to hold fair elections,” she said.

Sanchez informed us by phone that a formal complaint will be filed with the union’s election committee by Friday.

Labor’s merger pains

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› jesse@sfbg.com

Part one of a series on the emerging problems with labor mergers

For well over 100 years, San Francisco hod carriers — workers who assist stone, brick, and plaster masons — have gathered at the Local 36 hiring hall to find work. Though not as large and bustling as it was in its heyday, the hall, now situated in Daly City, still serves as an important social as well as professional gathering place for San Francisco and San Mateo County "hoddies."

But on Monday, March 10 and Tuesday the 11th, when the union’s members arrived to put in for jobs, they found the entrance shuttered and a paper sign taped to the door.

"This Office Will be Temporarily Closed Due to the Transition of the Separation between Local Unions," the sign read. Several South Bay phone numbers were listed below — one for the dispatch office at Local 270, a much larger South Bay chapter of the Laborer’s International Union of North America (LIUNA), and one for Carlos Lujan, 270’s business manager. When the workers tried to call the numbers to secure work, they claim officials at 270 told them they couldn’t help them.

Meanwhile, several told the Guardian they could hear the phone ringing through the hiring hall door as calls from contractors came into the office. Every phone call most likely meant a job that would not be filled by one of the willing workers left outside.

"I felt abandoned," 25-year union member Jerrold ‘JJ’ Jones told the Guardian. Jones told us he waited for nearly three hours for the hall to open on March 11, only to give up in frustration. "Here I pay dues six months in advance and because that hall is closed, I didn’t have the opportunity to go out for a job that day."

A LESS THAN PERFECT UNION


The reasons for the hall’s closure trace back to an ill-fated merger between Local 36 and Local 270. The story is more than just a tiff in a relatively small labor group; it’s symbolic of a much wider issue that’s beginning to explode in organized labor.

In recent years, unions across the country have been encouraging smaller locals like 36 to join with larger shops to increase their clout and negotiating power. Supporters say these mergers create organizations better able to stand up to giant businesses and institutions.

But the trend also has drawbacks: more members under the aegis of one organization means more power in fewer hands — and sometimes, a lack of union democracy.

Local 36 seemed a prime candidate for merger, with only 120 members. Local 270 had more than 4,000 dues-paying workers and hefty political and trust fund accounts. But high-placed sources within the San Jose local tell us that it’s had serious turmoil over the past year — and the members from San Francisco say they feel left out.

Local 270’s leader, Carlos Lujan, is the subject of an investigation by the international union’s inspector general. Documents provided to the Guardian show that the inspector general has been looking into several complaints about Lujan’s leadership, including his conduct of meetings. An official from the parent union has observed the last three executive board gatherings and is expected to file a report with the Washington brass in the coming weeks.

"Clearly there are troubles out there," attorney Bob Luskin of the Washington firm Patton, Boggs, told us. Luskin acts as the union’s special counsel. "The marriage [between 36 and 270] looked like a good idea at first," he said. "But in the end, it didn’t turn out so well."

Much of the current internal strife at Local 270 appears to have begun when Lujan announced his retirement at the end of March 2007. Two weeks prior to his planned departure, Lujan’s advisors proposed a post-retirement consultant’s job for him. According to a complaint filed with the Department of Fair Housing and Employment by former 270 employee Leslie Scanagatta, the consulting gig would have paid Lujan $500 a week, and the union would pay to fly him from his home in Texas to San Jose for meetings.

Scanagatta’s complaint states that Lujan became angry after she and several other officials voiced concerns with the plan. It alleges that Lujan declared to another union official that she would "be terminated by the end of the week" — which she was.

"It was devastating," Scanagatta, who now works for Santa Cruz County, said. "I was laid off for eight months and I’ve taken a 38 percent pay cut now."

Lujan did not return repeated phone calls seeking comment.

One of the people pushing for Lujan’s consultant job was Edgar Calonje. Calonje, who worked for the union as an independent contractor, said he met with Lujan before the boss announced his retirement, and that Lujan told him and Enrique Arguello, a member of 270’s executive board, that he was planning "to get his retirement [benefits] and consultant fees as well."

"We thought if we helped him [get the deal], we would be in good shape," Calonje said by phone from Nicaragua, where he was visiting family. "But that’s not what happened."

First, Lujan withdrew his retirement and decided to stay on. Then, in November 2007, Colanje lost his job — after, he says, a private memo he had written surfaced in which he criticized Lujan’s leadership and integrity.

Shortly after Colanje was let go, Arguello — who now says he didn’t actively support Lujan’s retirement plan — resigned from his job as a business agent rather than accept a demotion. A Nov. 28 letter from Lujan to Arguello obtained by the Guardian states, "the reason for the change in your position was because the pattern of actions made by you in the past could put this Local in a difficult position."

THE LOCK OUT


Early in 2008, the atmosphere of dissension in San Jose began to affect the hiring hall in Daly City, and eventually boiled over into physical confrontation. First, former Local 36 business manager Alex Corns clashed with Lujan and resigned in a huff from his new job at 270. Then Will Davis, who ran the Daly City hall after the merger, was dismissed. A March 6 letter from Lujan to Davis cites Davis’s "lack of commitment to work under my agenda as Business Manager" as the reason for his termination.

The following afternoon, Friday, March 7, Davis and Corns arrived at the hall to find the locks changed. That evening, they told us, a group of former Local 36 members met in a pizza parlor across from the shuttered hall and decided to petition the International to grant Local 36 back its independence. According to their account of what happened next, which was verified by Sgt. Ron Mussman of the Daly City Police Department, when Davis, Corns, and the other participants in the meeting emerged from the pizza parlor, they saw Lujan sitting in his pickup truck, which was parked in the restaurant’s lot. Across the street, two officials from 270 were inside the hiring hall removing computer equipment.

The now-dissident union members surrounded Lujan’s vehicle. Lujan fled the scene, according to worker and police accounts, allegedly striking one of the members in the forearm with his car as he backed up. The incensed crowd moved across the street and the workers from 270 barricaded themselves inside the hall. Lujan reportedly flagged down a police car as he drove away and the cops drove to the hall to escort the two men from San Jose safely out of the building.

Corns and Davis said they could not secure keys to the hall’s new locks by the time of Monday morning’s job call. For two consecutive mornings, out-of-work union members were turned away. Corns told us he finally called a local locksmith late Tuesday morning, March 11, so that members could be dispatched to jobs the following day.

HOW BIG IS TOO BIG?


For Corns, the failed merger with Local 270 is a personal as well as a professional tragedy: he was instrumental in helping 36 join with 270 after Lujan’s election as the bigger local’s business manager. Now he feels responsible for jeopardizing the organization he’s worked for since he was a teenager.

"I’ve been in the union for 35 years," Corns said, his voice choking up. "This is so heartbreaking to me."

Beyond the problems with one controversial business manager, Corns says the story is about the larger problem: increasingly top-down union management. In late February, he told us, 70 members of Local 36 voted unanimously to secede from 270 and become an autonomous chapter again. A representative from LIUNA was present at the vote and confirmed their version of the events for us. Despite the members’ calls for autonomy, officials in LIUNA’s International office in Washington, DC refused to go along; instead, on March 13, union brass granted their secession from Local 270 but immediately forced 36 into another merger — this time with a chapter based in Oakland, Local 166.

As a result of the two mergers, Corns says, the assets of Local 36 have been swallowed up by the larger chapters. He produced old bank account statements for us that showed well more than $100,000 in Local 36’s coffers before the organization joined with 270. Now, he says, he doesn’t know where that money is. Laborer’s International spokesperson Jacob Hay told us that the parent union is undertaking a "reconciliation process" to determine how much of Local 36’s money should go to Oakland and how much should stay in San Jose. Despite the apparent desire for independence among 36’s members, Hay argued that the union is making the right decision by forcing them into another merger.

"We think that it is in the best interests of smaller locals like [36] to join with larger, more powerful locals," he said. "You have more collective bargaining power with larger numbers [of members] … the goal here is to get all the hod carriers in the Bay Area into one local."

Will Davis and other Local 36 members do not share Hay’s bigger-is-better enthusiasm. "We’ve never gotten a good reason why we can’t just have the local back," Davis said. "We’ve never done anything wrong. We’ve never been under investigation. Why are we being punished for something we didn’t do?"

Editor’s Note: In the paper edition of this article, the Guardian misidentified two dates. Lujan announced his retirement in 2007, and the atmosphere of dissension began to affect the hiring hall in Daly City early in 2008.

Careers & Ed: Degrees of separation

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› culture@sfbg.com

Julia Cosart spends her days attending to San Francisco’s skin woes — unwanted hair, unwelcome wrinkles, and clogged pores — at Spa Radiance. Her calm, self-assured, soothing demeanor is not unlike the atmosphere of the spa in which she works. Which is why it’s hard to imagine her in the fast-paced, cutthroat world of advertising.

But that is where Cosart imagined herself ending up, having graduated in 2004 from the University of Nevada at Reno with a combined degree in advertising and journalism. After college, she tried her new career on for size with an advertising internship. "I realized I hated it," she says.

After working a few other jobs, including a stressful stint at a home for troubled youth, she decided to become an aesthetician by training at Miss Marty’s School of Beauty in San Francisco. Now, she says, "I love what I do. I only work three days a week, but make enough to live in a beautiful San Francisco apartment. Most importantly, I don’t go to a job I hate every day. There is very little stress in my life, and that’s no accident."

Cosart isn’t alone. According to experts like Alexandra Robbins, author of Conquering Your Quarterlife Crisis: Advice from Twentysomethings Who Have Been There and Survived (Perigee, 2004), Cosart represents a current movement among recent (and not-so-recent) college graduates who are entering jobs that have nothing to do with their degree(s), or with a traditional four-year college at all. Generation Y is not one that leaves college to head straight for the embrace of the corporation that will keep them until retirement; people now in their mid-twenties will most likely change careers several times throughout their life. They are also delaying getting married and having children, deferrals that make it less appealing or necessary to immediately seek out a career-track job.

"I know someone who went to an Ivy League school and then became a mailman," Robbins says. "People are starting to realize that college isn’t a direct segue to the ‘real world.’"

TIME IS MONEY. SO IS MONEY.


For many college grads following this path, the appeal is both more money and more free time. While their newly graduated classmates work 50 hours per week to earn $25,000–$45,000 per year in typical post-BA employment, grads who take jobs that don’t require degrees (such as in the service industry) can earn much more.

That’s why Bert Ladner slings sushi to the Gucci-clad Financial District masses instead of using his degree in finance from San Francisco State University to be an entry-level accountant. In an ironic twist, he says, "I’ll definitely be waiting tables until I pay off my student loans. It would be impossible to pay those off on an entry-level salary."

It’s hard to track a server’s average "salary" — pay varies widely from restaurant to restaurant (and temperament to temperament) — but it’s estimated that a server could make $60,000 per year in a high-end restaurant. Ladner makes as much as $50,000.

Even better, he says, the lack of a set salary provides greater control over how much you make. "Need more money? Pick up an extra shift," Ladner says.

These jobs also provide more freedom about how you spend your time. Servers, aestheticians, and massage therapists all have control over the balance between money and time — and many seem to value the latter even more than the former.

"Quality of life is the top priority for the new generation for twentysomethings," explains Robbins. "It ranks higher than salary or prestige."

Some say this proves that Generation Y, widely considered to be navel-gazing, fun-loving, and responsibility-shirking, isn’t self-indulgent and lazy. It’s just that they’ve abandoned a Gordon Gecko-esque pursuit of status for a greater sense of equilibrium in life.

REAL CONNECTIONS


Another reason that service jobs seem to appeal to grads more than office jobs do is the increased level of human interaction.

"A trend I see a lot is students joining us after a few years in an office," says Rocky Hall of the San Francisco School of Massage. "In those jobs, they get tired of communicating electronically through e-mail, phone conferences, et cetera. They crave a genuine sense of connection with other people, which they find through massage."

Michelle Hamer, director of admissions for Miss Marty’s School of Beauty, agrees. "In a corporate world, it’s all done over e-mail and phone. There is an electronic wall between people. We are the last profession to touch people."

And even if grads aren’t actually touching people, they are meeting, talking to, and potentially spending social time with people they wouldn’t see in office jobs — both the clients they meet on the job and the friends they have more time for afterwards.

Riley Salant-Pearce says this is the benefit of waiting tables (he declined to name the restaurant). After earning his degree in biology from University of California, San Diego and guiding tours in Ecuador for a year, he found himself serving when he moved to San Francisco. Now, it’s hard for him to imagine doing a science job.

"I love the freedom of a restaurant job. I see my friends in 9-to-5 engineering and science-related jobs, and it’s too restrictive. They’re not having any fun. I make an equal amount of money, but I only work four nights a week," says Salant-Pearce, who estimates he makes about $40 an hour. "I make enough to live comfortably in San Francisco. Better than that, I can take time off to enjoy it."

He also likes the social environment of working in the service industry. "The restaurant was a great way to meet people," he says. "We all go out together when we get off. I realized I’m just too social to work in a lab."

Another selling point is that the interaction in these types of jobs tends to be of a happier, more relaxed sort. More often than not, those in the corporate world are stressed-out people dealing with other stressed-out people during work hours. The service industry sees those same corporate drones, but with their ties loosened at the bar or completely removed at the spa. Waiters and beauticians are salespeople, true, but they’re selling you something you already want. People want to buy drinks, eat lavish meals, enjoy massages, haircuts, and facials. This makes these industries sustainable.

"Beauty is a recession-proof industry," Hamer says. "People are always going to get their hair done. We maintain every other profession."

WHAT I COULD’VE BEEN


Yet many of these twentysomethings are consumed with self-doubt about "wasting" their college degrees. "Guilt does cause conflict for twentysomethings," Robbins says. "How do I weigh doing what I love with making enough money? A big part of that is image, thinking people judge them. It can take a big leap of faith to say, ‘You know what? This is how I’d like my life to be.’"

Christine Hassler, author of 20 Something Manifesto (New World), has been there. "After graduating from college, I became a successful Hollywood agent. By my mid-twenties, I had my own assistant," she says. "Agents are salespeople, and I don’t like sales. I was a nerd in high school, and the entertainment industry was the adult version of the popular crowd. I didn’t feel passionate about what I was doing. Now that I’m older, I realize that passion doesn’t come from external circumstances. But back then, I just felt lost."

So she decided to become a personal trainer.

"But I still felt lost. With all that education, I was counting to 12 in a gym all day. When people would ask what I did, I’d say, ‘I used to be an agent in Hollywood.’ I didn’t give value to personal training because it was frowned upon," she said.

Experts say part of getting over the guilt of having nondegree jobs is understanding they’re not just fun, easy, and carefree. Succeeding in them may not require a traditional degree, but they do require a certain amount of smarts and/or skill.

"Cosmetology requires an artistic background. You have to know people’s face shapes and what colors work on them," Hamer says. "Aestheticians approach skin from a medical perspective; they nurture and heal people with bad skin. And not everyone can do it. To be good, you have to be articulate and speak well to sell your product."

Cosart, who has been an aesthetician for three years, says she is "just now getting to the point where I’m really proud of it, where I’m not a little ashamed that this is what I’m doing with my college degree."

At the same time, Cosart is realizing that if she ever does want to rejoin the career track, it’ll take more than a BA to get her there. Since bachelor of arts degrees have become a dime a dozen, many twentysomethings feel pressure to get more advanced degrees to earn the prestige a BA might once have given them — and to distinguish themselves from the bachelor’s-holding lumpen. Cosart figures she’ll eventually go back to school, though she’s not sure what she’ll focus on. But if she does, she knows she’s learned a valuable lesson from this time outside the white-collar world.

"I’m grateful to have figured out early in life that in choosing a career, you must decide what you want your life to feel like, not what you want it to look like," she said. "Some people live for stress. I know because I listen their Blackberries buzz in their purses every 30 seconds even as I meticulously work the stress out of their pores and their shoulders. I’m not cut out for that, and I often wonder if they are."

Murder, revisited

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Editor’s note: The Chauncey Bailey Project just won a major national award, the Renner Award from Investigative Reporters and Editors. The award honors “outstanding reporting covering organized crime or other criminal acts” According to the IRE press release, tho award went to A.C. Thompson, Thomas Peele, Josh Richman, Angela Hill, Mary Fricker, G.W. Schulz, Cecily Burt, Bob Butler, Paul T. Rosynsky and Harry Harris for “The Chauncey Bailey Project.” Thompson works with New American Media, Peele, Richan, Burt, Rosynsky, Hill and Harris are from the Bay Area News Group. Fricker is a retired reporter from the Santa Rosa Press Democrat. Bob Butler is a freelance radio reporter. Schulz works for the Bay Guardian. The coordinator of the project is Robert Rosenthal, director of the Center for Investigative Reporting. “These stories would have been difficult to pursue under any circumstances,” the organization noted, “but it took extreme dedication to get at the truth following the assassination of Oakland Post Editor Chauncey Bailey. In the tradition of the Arizona Project, this coalition of Bay area journalists delved into questionable real estate deals and contracts involving the owners of Your Muslim Bakery in Oakland. The reporters raised questions about the thoroughness of a police investigation into the group before Bailey’s murder. They probed the interrogation and confession of Bailey’s alleged killer. And they carried on the work that Bailey intended to pursue before his death. (IRE is providing data analysis and computer services for the project). “ —————————————————————- SANTA BARBARA – Police here, responding to inquiries by the Chauncey Bailey Project, have re-opened an investigation into the unsolved 1968 shooting deaths of a couple affiliated with a mosque that was the forerunner to Your Black Muslim Bakery. Detectives could arrive in Oakland as early as this week to question Abdul Raab Mohammad, 71, formerly known as Billy X Stephens. He is the brother of late Your Black Muslim Bakery patriarch Yusuf Ali Bey, who was born Joseph H. Stephens. In the mid-1960s, the brothers converted to Islam in this seaside city 90 miles north of Los Angeles and founded a now-defunct mosque, planting the seeds of what eventually became the Bey organization, its Oakland bakery and a culture of African-American defiance and self-reliance. But just as those aspects of the bakery began in Southern California, so too did allegations of intimidation and crimes ranging from fraud to murder. On Aug. 17, 1968, two members of the Santa Barbara mosque, Birdie Mae Scott, 33, and her husband, Wendell Scott, 30, were slain with a 30.30 rifle as they slept in an apartment they shared with her two children, ages 13 and 10. Though he was never named as a suspect, records show the police investigation at the time focused largely on Billy X Stephens, who was the organization’s top leader as minister. Joseph Stephens served as its secretary. No arrests were made in the case. Police reports were copied to microfilm, archived and remained untouched for decades. Nearly 200 pages of documents about the Scott killings released by Santa Barbara police to the Chauncey Bailey Project show that detectives in 1968 focused on internal mosque disputes as the motive in the Scott killings. Wendell Scott, according to police documents, had written a letter to Nation of Islam leaders in Chicago complaining that he had been forced to burn two cars belonging to the Stephens brothers’ mother so insurance money could be collected. Billy Stevens learned of the letter and suspended the Scotts from the mosque, the documents said. The couple was killed weeks later. Documents also show similarities to the Aug. 2 killing of Oakland Post editor Chauncey Bailey, who was investigating the bakery’s finances and internal disputes. A handyman at the bakery has been arrested and charged with murder in connection with the shooting. The handyman, Devaughndre Broussard, 20, told authorities he shot Bailey because he wanted to be a “good soldier” for bakery leaders; he has since recanted that confession. In both the Scott and Bailey cases, police have theorized the slayings were carried out to silence critics of the Stephens/Bey family and their organizations. Another look Santa Barbara police said they will investigate the Scott killing again. “There has been some recent information from some cases up in Oakland that have some similarities,” said Santa Barbara Police Lt. Amando Martel. Detectives will “see maybe if there are any connections with the case in Oakland and the one here in 1968.” Billy X Stephens, in a telephone interview from his home in Oakland, denied last week having anything to do with the double slaying in Santa Barbara. “I didn’t do it. I don’t know who did it, nor did I know beforehand that it was going to happen,” he said. “I don’t have anything to hide.” He said the shooting had nothing to do with the mosque and that “outsiders” committed the crime. In their 1968 reports, Santa Barbara police wrote they suspected Wendell Scott was targeted because of his complaints about Billy and Joseph Stephens. Police noted that Birdie Scott’s brother, Toby Jackson, told them Wendell Scott was “trying to drop out” of the organization. “In those days … the only way you left the Black Muslims was feet first because you were privy to information that may have involved possible criminal activity,” said retired Santa Barbara officer Keene Grand, who worked on the case. In investigating the Scotts’ killing, police found a pattern of intimidation and fear within the mosque’s members. The mosque was a closed group that resolved its own problems and had little contact with outsiders, especially police, records show. “There were a lot of discussions and rumors (in 1968) of the potential of a connection (between the killings and) the mosque and some of (its) leaders,” Martel said. “People were reluctant to talk.” Detectives also ran into a tangle of family intrigue – Birdie Scott was the sister of Billy X Stephens’ former wife, Mary. Documents show that detectives believed Mary Stephens, who still lives in Santa Barbara, may have known more about the killings than she said at the time. In a brief telephone interview last week, Mary Stephens said she would welcome justice for her late sister but declined to discuss the slaying. “It’s been 40 years and I’ve put it out my mind and I don’t want to put my mind back on it,” she said. Five weeks after the killings, Billy and Mary Stephens married for a second time. Police reports note that several people told detectives the couple remarried because Billy X Stephens believed Mary could not be forced to testify against him if she was his wife. The couple divorced again in 1976. The early investigation Much of the investigation in 1968 focused on Billy X Stephens and a phone call he made to police the night of the shooting – a call that other mosque members told police was in direct violation of Stephens’ stringent policy against bringing outsiders into mosque affairs, according to police reports. Stephens, however, said no such policy existed. “There was no rule about not calling the police,” he said last week. “You wouldn’t do it if it was a family disturbance. Any time I hear a gunshot I call the police.” Documents show that Stephens phoned police at 2:30 a.m. Aug. 17, 1968, but didn’t report hearing gunshots from the Scotts’ apartment, which was directly above his in a shoebox-shaped complex Stephens managed just yards from U.S. Highway 101. Stephens “said he just finished a business phone call and had gone to bed and was just in ‘twilight’ sleep when he heard what sounded like a door slam,” a detective wrote. Stephens told police he called the Scotts’ phone several times to inquire about their welfare and became worried when no one answered, records show. Police found the Scotts’ apartment door kicked in and the couple dead in their bed. Each was shot twice. The children in the next room were unharmed. Police began an aggressive canvas of the neighborhood at dawn. At least six people interviewed said they’d heard four gun shots roughly 20 minutes earlier than Stephens’ call to police, the reports said. One man, who lived about 75 yards away, told detectives the shots came during the climactic scene of a movie he was watching on television. The detectives contacted the Los Angeles television station that broadcast the movie and found the scene the man described aired about 2:10 a.m. Other people who lived nearby told police they also heard the shots, followed by a more dull, cracking sound, and police speculated that the gunman may have entered the apartment with a key and kicked in the door when leaving to make it look as if entry was forced, according to documents. Police noted that Stephens managed the apartment complex. Stephens said he never heard any shots and suggested the killer used a rifle with a silencer attached. “I didn’t hear any shots,” he told the Chauncey Bailey Project. “I heard them rumbling down the stairs.” There is no reference in the police reports to Stephens telling police he heard anyone on the stairs. When detectives confronted Stevens with the time discrepancy and other questions, he became angry and refused their request to take a lie detector test, according to reports. Last week, Stephens said he didn’t take the lie detector test because a woman phoned him anonymously and told him police would use the results to arrest him. “They were trying to build a case against me,” he said. Another person named in police reports in 1968 was a former U.S Army soldier named Ermond Givens. He is a retired school janitor, now 70, who changed his name to Ali Omar and lives in Alameda. He served as the mosque’s lieutenant and was responsible for what he described in a recent interview as “training the Muslim soldier.” In an interview at his Alameda home, Omar first said there were never any problems at the Santa Barbara mosque during his tenure there. When reminded of the double killing, he remembered that police had never solved the case but said he knew little about it. Police reports show that a woman named Ida Hamilton, who was also a member of the mosque, told detectives that Omar was among those closest to Billy X Stephens. Omar said last week he had no information about the shooting. Birdie Scott’s daughter, Audrey Hazelwood, who was 13 the night of the killing and in the next bedroom, cannot recall hearing the fatal shots. She said her family deserves to know who killed her mother and stepfather. “Of course we do,” said Hazelwood, now 53 and living in Santa Barbara, “My (late grandmother) always said that she would live to see the day” when the case would be investigated again. “But I guess it’ll be in my lifetime.” Investigation hits a dead end Police continued to investigate through the end of 1968, documents show, but hit a dead-end when 30.30 shell casings found in the Scott’s bedroom didn’t have any fingerprints on them. In the days before DNA testing, police were left with little physical evidence. Martel, the Santa Barbara police lieutenant, said any breaks in the case will have to come from someone with knowledge of it who talks to detectives. Detectives, he said, will question people in both Santa Barbara and Oakland, where the Stephens brothers moved in 1970 with orders from a Nation of Islam leader to open another mosque. A year later, the brothers split – Billy X became Abdul Raab Mohammad and stayed with the Nation of Islam. He served as a minister in the organization for 44 years and is now living in Oakland. Joseph Stephens took the name Yusuf Bey and broke away from the Nation of Islam. He started his own organization, which became Your Black Muslim Bakery and served as a center of empowerment and employment for African Americans in Oakland. It was one of the few places where ex-convicts could find work. Cracks in the bakery’s respectability began to appear in 1994 when four of its associates were charged with assaulting and torturing a man over a real estate deal. Bey died in 2003 while awaiting trial on statutory rape charges, and the bakery soon descended into chaos. Yusuf Bey’s hand-picked successor, Waajid Aliawwaad, 51, soon disappeared and was found five months later in a shallow grave. Another of Bey’s protégés left town after several men opened fire on him as he left his house for work. Police suspected other members of the organization were involved in both crimes, which remain unsolved, largely because police have found no one willing to provide them with information, a decades long pattern of silence that apparently began in Santa Barbara. Bob Butler is a freelance journalist. Thomas Peele is an investigative reporter for the Bay Area News Group. Contact Butler at bobbutler7@comcast.net and Peele at tpeele@bayareanewsgroup.com. The Chauncey Bailey Project is a consortium of news organizations dedicated to continuing the reporting that Bailey, editor of the Oakland Post, was pursuing when he was killed Aug. 2. For information, contact Dori J. Maynard of the Robert C. Maynard Institute for Journalism Education at 510-684-3071. E-mail tips to gwschulz@sfbg.com.

Klubz: Lights Down Low – turn it up!

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Lingering in the ‘Loin. Photo by Joshua Rotter.

By Joshua Rotter

When the lights are turned low and the music is turned up, it’s time to get down at Lights Down Low. This biweekly party in the heart of the Tenderloin’s seediest section at Hyde and Turk brings much-needed festivity to an otherwise bedraggled block.

The stylish crowd encompasses the latest local hipperatti, all the kids you see leaving Academy of Art College and entering gainful employment at Flax or one of the many retail clothing stores around the city. And you don’t even have to enter the club, hosted by DJ’s Sleazemore and Rchrd Oh?! and highlighting a revolving group of guest DJs, to see these seen-and-be-scenesters: many line the sidewalk out front, drinking from paper bags while debating whether Bob Dylan or Neil Young is the greatest singer-songwriter of all time. All that was missing from this style council’s spectacle were the passing tour buses of yesteryear from which tourists once gawked at the city’s wildlife.

Once inside, if you are fortunate enough to navigate past the narrow bar packed with peeps, make your way down to the crowded basement dance floor where the hi-octane electro, disco, and hip-hop jams will have you bumping. If you do down a few brews, be prepared to hold it, because those lines inside means the queues outside loos are as difficult to penetrate as the most exclusive VIP rooms. When bathroom breakers return to the dimly lit dance floor, their olfactory senses may be dulled, but they’re ready to dance and make romance, ’cause when the lights go down, the DJs give them something they can feel.

Lights Down Low
Second and fourth Fridays of the month, 10 p.m.-3 a.m., $10
222 Club
222 Hyde St, SF
(415) 440-0222

Bad Day for Strong Women at City Hall

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They met in one of the smallest rooms in City Hall, but within ten minutes, the board that oversees the San Francisco Public Utilities Commission managed to make a huge decision that will cost tax payers $400,000, when they voted to fire SFPUC General Manager Susan Leal, this morning.
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SFPUC General Manager Susan Leal talks to the press about her record at the agency, the lack of stated reasons for her termination and her future aspirations.
Photos by Charles Russo

“It’s a sad day when someone doing a good job gets removed to the tune of $400,000 from rate payers for no stated reason,” Sup. Bevan Dufty told the Guardian, after the vote to fire Leal, his friend and political ally, went down.

Commissioner Dick Sklar told reporters, “We’re not discussing it,” as Commission staff distributed copies of an unsigned PUC resolution that cites Leal’s August 23, 2004 employment agreement. That contract allows the Commission to terminate Leal’s agreement “without cause, and without stating any reasons therefore, and upon at least 30 days written notice.”

Commissioner Anne Moller Caen said that with Leal gone, people could expect, “ a change of policy, a change in direction.”

Meanwhile, Leal, a former supervisor and City Treasurer, expressed few regrets, other than wishing that the agency had done a biofuel program three years ago, instead of during the past year. Oh, and wishing she’d been wearing an old suit, the day she got run over outside City Hall.

“I Iost a good suit,” Leal joked.
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Shelter shuffle

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EDITOR’S NOTE Guardian reporter Amanda Witherell and intern Bryan Cohen spent almost a week staying in various San Francisco homeless shelters. To get an unfiltered look at the conditions, they didn’t identify themselves as journalists, so some names in this story have been changed to protect people’s privacy. Their undercover reporting was supplemented with extensive research and on-the-record interviews with key officials, providers, and recipients of homeless services.

>>Read Amanda Witherell’s nightly shelter journals, with photos

>>Read Bryan Cohen’s nightly shelter journals, with photos

>>Homeless people share their stories

>>The mayor’s Feb. 14 press conference about homeless shelters

It’s about quarter past seven on a Thursday night, and I’m late for curfew. Not even during my wildest high school days did I have to be home by a certain time, but tonight, 29 years old and sleeping in a homeless shelter, I’m supposed to be in by 6:30 p.m.

Heading down Fifth Street toward the shelter, I wonder what I’ll do if I lose my bed for being late. Can they set me up at a different shelter? Will I have to head back to a resource center in the Tenderloin or the Mission District to wait in line for a reservation somewhere else? Either way, I could be walking the streets for the next few hours, so I adjust my heavy backpack for the journey. Waiting to cross Bryant Street, I stare up at the large, hulking building with its utilitarian name, Multi-Service Center South, and notice there are no shades on the windows in the men’s dorm. Since it’s lit from within, I can clearly see someone standing beside his cot, clad in nothing but blue plaid boxers, obviously unaware that he’s so exposed. I wonder if the windows would be shaded if it were the women’s room. Maybe that’s why we sleep in the basement.

Inside the door I shed my pack and step through the metal detector. The security guard dutifully pats it down and pushes it back into my arms. At the desk I give the last four digits of my Social Security number and am checked in. No questions about being tardy. I’m in.

I’m also late for dinner. A staffer hands me two unwrapped sandwiches from a reused bread bag under the counter. Ham, mustard, and American cheese between two pieces of cheap, sliced bread. After two days in the shelter I still haven’t seen a piece of fruit or a vegetable. I wrap the sandwiches in the newspaper under my arm and head down to my bunk. On the stairs I pass a guy and nod hello. He nods back, then calls out, "Hey, can I ask you something?"

I turn. "Sure."

"What’s a nice girl like you doing in here?"

I shrug and step back, unsure of what to say.

"I’m not trying to mess with you," he says. "I’m not fucking with you. I don’t do drugs. I’m straight. I don’t mess with anything," he goes on, trying to reassure me.

I believe him and dish it back. "Then what’s a nice guy like you doing in here?"

He laughs and shrugs. He tells me he doesn’t really stay here. It’s just for a couple of days. He lives in a $200 per week hotel in Oakland, but if he stays there more than 28 consecutive days, it becomes residential and the rates go up, so he clears out for a few days every month and comes here. The hotel’s nicer than this, he claims. It’s clean and safe, and he has his own space. "I can walk around in my underwear," he says.

We sit on the stairs, talking about how you lose all your privacy when you stay in a shelter, how the regimentation is reminiscent of prison. There are no places to go and be on your own, rest, and be quiet. Once you’re in for the night, you can’t leave except to step out for a smoke.

I ask if he has a job. He tells me he’s a chef for Google. I raise an eyebrow, recalling that the company’s stock is hovering somewhere between $600 and $700 per share right now. The pay isn’t the problem — he gets $16 an hour, but he’s been out of town for a while, caring for a sick family member, and has just returned. He got his job back, but only part-time, and he lost his home.

He’s wary of being on welfare — that’s not the way his mother raised him — but he’s in the County Adult Assistance Program, which gets him $29 every two weeks, a guaranteed bed at the shelter, and a spot on a waiting list for a single-room-occupancy hotel room, the bottom rung on the permanent-housing ladder.

What he really wants is a studio, but his searches haven’t turned up anything affordable. He needs a little boost of cash for a security deposit on an apartment, but when he asked the General Assistance Office if it could help him out with that, the answer was no.

His brow furrows with concern, and then the conversation turns to me. "You got a job?" he asks.

What can I say? I’m a reporter for a local newspaper. I’ve heard that some of the city’s homeless shelters are lacking basic standards, accessing a bed can be complicated, and services are scattered. I thought I’d come find out for myself.

Here’s what I learned: San Francisco has a cumbersome crazy quilt of programs, stitched together with waiting lists and lines. Policies that are written on paper and espoused in City Hall are often missing in shelters. Some rules don’t seem to exist until they’ve been broken. Others apply to some people, but not all. Getting a bed is a major hurdle, and I say that as a stable, able, mentally competent, sober adult.

And once you’re in, it’s sort of like sitting in a McDonald’s for too long. Years ago a friend told me the interiors of fast food restaurants are deliberately designed to make you feel a little uncomfortable. They don’t want you to get too cozy; they want you to eat and leave, making way for the next hungry mouth they can feed.

In other words, shelters are designed to make people not want to use them.

The only information I took with me was a one-page handout I got from a San Francisco Police Department Operation Outreach officer. He said it’s what cops and outreach workers give to people they come across who are sleeping on the streets. I figure if it’s good enough for them, it’s all I need to navigate the system.

The map, as it were, is a cramped, double-sided list of places to get free meals, take showers, store your stuff, sober up, and, of course, get a bed.

For the bed, it instructs, you have to go to a resource center and make a reservation. Some of the resource centers are also shelters. Some aren’t. Some are just reservation stations. They all have different operating hours and are located all over the city, but mostly in the Tenderloin and South of Market.

It takes me a while to puzzle out which ones are open, where exactly they are, then which is closest to me. Phone numbers are also listed, so I assume it’s like making a hotel reservation and dial one up on my cell phone.

The first number doesn’t work. There’s a digit missing. Dialing methodically down the list, I discover that none of the numbers connect me to a person. This is obviously not the way to go.

The way I ultimately get into a shelter is not the way you’re supposed to. In San Francisco’s system, you’re not supposed to just walk up to a homeless shelter and get a bed, but that’s what I do.

At first the woman behind the counter at MSC South tells me the only open beds are across town, at Ella Hill Hutch in the Western Addition. Then another staffer looks at the clock and says he’s not sending me out there. He’ll "drop" beds instead.

The city’s 1,182 beds for single adults are managed through an electronic database called CHANGES. It’s a modern-day improvement on people roaming from shelter to shelter everyday, putting their names on lists for possible beds. Launched in 2004, CHANGES now does that electronically and maintains profiles of people who use the system. If you’ve been kicked out of a shelter, missed your tuberculosis test, or not shown up for curfew, CHANGES knows and tells on you.

Every day around 8 p.m. shelter staff trawl through the reservations and drop the no-shows, cancellations, and reservations that have expired or whose makers have moved on to hospitals, rehab, the morgue, or — less frequently — housing.

MSC is allowed to make reservations for any shelter except itself — that’s against policy. I learn this the next morning, and I’m told it’s because there’s too much corruption and favoritism. MSC is apparently one of the better shelters, so to keep clients from cutting deals with staff, the policy doesn’t allow clients to reserve a bed there.

But after half an hour the staffer hooks me up for a two-night stay, bending the rules to do so. While I’m waiting, he turns away a client who had a seven-day bed but didn’t show up the previous night. The guard confiscates his fifth of vodka, and he gets an earful about drinking.

When the city’s shelter system was born in 1982, it was first come, first serve at the doors of churches and community centers. President Ronald Reagan’s cuts to federal domestic spending landed hard on low-income people, so then-mayor Dianne Feinstein called on local organizations to temporarily house and feed the growing number of street sleepers.

Throughout the ’80s wages stagnated while the cost of living soared: between 1978 and 1988 the average rent for a studio apartment in San Francisco jumped 183 percent — from $159 a month to $450. Twenty years later it’s $1,114. In 1978 the Housing and Urban Development budget was $83 billion. Today it’s $35.2 billion, almost nothing by federal budgetary standards, and almost no new public housing units have been built since 1996, while 100,000 have been lost.

Every year the federal government spends almost twice as much on a single attack submarine as the Department of Housing and Urban Development spends on homeless assistance. State and local governments have been left to pick up the hefty price tag.

San Francisco spends more than $200 million on homelessness, through services, financial aid, supportive housing, emergency care, and shelter beds. There are 13 city-funded shelters, four resource centers, and three reservation stations in San Francisco. The Human Services Agency spends $12.5 million per year on shelters through contracts with nonprofit managers. The Department of Public Health also manages two contracts, for a battered women’s shelter and a 24-hour drop-in center.

But it’s not enough: the nonprofits supplement operating expenses with grants and private donations and recently relied on a special allocation of $300,000 to purchase basic supplies like soap, towels, hand sanitizer, sheets, pillows, and blankets.

James Woods, a spry 51-year-old wearing a red Gap parka barely zipped over his thin, scarred chest, rattles off the places he’s lived: Detroit, Atlanta, Seattle, San Francisco, Louisville, Ky., and his hometown, Nashville, Tenn. "Out of all the cities I’ve been in, this is the only city where you have to go and make a reservation for a bed at the rescue mission all the way across the city in order to come back to the place you started," he says, jabbing the floor of MSC with his cane. "I can’t even make a reservation here for a bed here. They’ll send me across the city to another place to do that."

Woods has been pounding the pavement between MSC and the Tenderloin AIDS Resource Center for eight months. Every day around 3:30 p.m. he heads to the Tenderloin, where he gets in line for a bed. Woods has a fractured hip and arthritis, pins in his knees and feet, and hepatitis C. He’s been HIV-positive since 2002. He walks with a limp that can transform into a springy, stiff-legged canter when he chases the 27 bus down Fifth Street.

Rather than tote all of his possessions with him, he hides them in the drawer of an emergency bed at MSC, so it’s imperative that he get back there every night. Sometimes he waits hours for an MSC bed to open up.

Though Woods speaks highly of some city services, swooning a little when he mentions his doctor at the Tom Waddell Health Center, the daily bed hunt has left him exhausted and disgusted with the city. "They’ve got the program designed to run the homeless off," he says. "They have it as hard and difficult as possible for you to take a breath, take a rest, get a routine."

While a person can reserve a bed for one to seven nights and, if on General Assistance, make arrangements through a caseworker for 30- to 90-day stays, Woods has rarely been able to procure a bed for longer than one night. "Maybe twice I’ve gotten a seven-day bed," he says.

The inability to connect people with beds is not lost on city officials. Mayor Gavin Newsom’s recently hired homeless policy director, Dariush Kayhan, told me, "I really want to solve the issue of the juxtaposition of vacant beds and homeless people on the streets. That to me is untenable."

However, he only discussed the issue in terms of people who’ve chosen not to use the shelters and are sleeping in the street. To him, empty beds signify that there’s more than enough shelter for people. "At this time there’s no plan to expand any shelter beds, and I think homeless people, in many ways, many of them vote with their feet and have decided that shelter’s not for them," he said.

But the Guardian found that even if you are willing and waiting for a bed in a place where someone can presumably connect you with one, it often doesn’t happen.

According to the 2007 Homeless Count, there are 6,377 homeless people in San Francisco. The nine year-round single-adult shelters have enough beds to accommodate one-third of that population. Other emergency facilities shelter some of the overflow on a seasonal basis. The remaining homeless sleep in jails and hospitals, respite and sobering centers, parks and sidewalks.

People also pile up at Buster’s Place, the only 24-hour drop-in resource center in the city, where they slump all night in chairs, forbidden by staff to sleep on the floor.

It took Guardian writer Bryan Cohen five nights to find a spot at a shelter. He spent Jan. 20 and 21 at Buster’s waiting to see if a bed would open up. None did. According to the shelter vacancy report for those two nights, there were 108 and 164 beds set aside for men that went unfilled. On an average night this January, a month marked by cold weather and flooding rain, 196 beds were empty.

Buster’s does not have access to CHANGES but can apparently call shelters and ask about empty beds. I was at the Providence Foundation shelter one night and overheard a call come through and shelter staff tell whoever rang that no, they couldn’t bring more people here. There were four empty mats beside me.

Laura Guzman, director of the Mission Neighborhood Resource Center, said CHANGES was a breakthrough in getting people into beds, but when it was first launched in 2004, things were different. "You had a choice. Shelter of choice was much easier to achieve. Then Care Not Cash happened," she said.

Most of the city’s beds are assigned to beneficiaries of certain programs, like Swords to Ploughshares and Newsom’s signature plan Care Not Cash, or to people with mental health or substance abuse issues who have case managers.

Though beds can be turned over to the general public when they are dropped after curfew, one wonders how effectively that happens.

The challenges are worst for Latinos, refugees, and immigrants, who face language barriers and the potential hurdle of illegality.

As a result, they flood one of the few places they can get in. Dolores Street Community Services reported the second-lowest vacancy rate in January, just 5 percent. The 82-bed program hosts a waiting list and is one of the more flexible in the city — deliberately so, as many of its Latino participants have jobs or work as day laborers. Marlon Mendieta, the executive program director, says, "They have a plan and just need to save up some money to move into a place."

However, rising rents have made moving on difficult. "We have people who are basically just cycling from one shelter to another," Mendieta said. "We see some who exit our shelter, find housing, but might end up back at the shelter if rent goes up or they lose work."

Providence is one of the sparest of homeless facilities and is located in a Bayview church. Unlike at other shelters, there’s no hanging out here. When the doors open at 9:30 p.m. about 90 people with reservations are already lined up in the rain on its dark side street.

We receive one blanket apiece, and the men shuffle into the gym while I follow the other females into a smaller side room, where 12 mats are laid out on two ratty tarps. Several women immediately lie down, speechless.

The cook gives a quick blessing when plates of food arrive on two sheet pans: spaghetti, heavily dressed salad, limp green beans mixed with cooked iceberg lettuce, and a very buttery roll. It’s all heavy and slightly greasy, but also warm and a closer approximation of a square meal than any of those offered by the other shelters I’ve stayed in so far.

Moments after I finish eating the lights are turned off, even though a couple of women are still working on their meals. A shelter monitor comes through and confiscates our cups of water, saying she just refinished the floors in here and doesn’t want any spills. I notice that unlike at other shelters where I’ve stayed, none of the women here have bothered to change into pajamas. Some haven’t even removed their shoes. I follow suit, tucking my jacket under my head for a pillow and pulling the blanket around me.

When the lights come back on at 5:45 a.m., I understand why no one changed: there’s no time to get dressed. Shelter monitors enter the room, rousting sleepers with catcalls to get up and get moving. One turns on a radio, loud. They’re brisk and no-nonsense, grabbing blankets and shoving them into garbage bags, pulling mats into a stack at the edge of the room.

A woman becomes perturbed by being hustled and talks back to the shelter monitor. A verbal battle ensues, with the client picking up her mat and throwing it across the room, scattering her possessions. "What a woman, what a woman," the shelter monitor yells. "We’ll see if you get a bed here tonight."

Another staffer comes through with a toxic-smelling aerosol, which she sprays around us as we get ready to leave. The bathroom, the cleanest I’ve come across in the city’s shelter system, is still a clusterfuck as a dozen women wait to use the three toilets and two sinks. One stall has a broken door, and the only morning conversation is apologies to the occupant.

Even though the contract between Providence and the HSA says the former will provide shelter until 7 a.m., it’s a little after 6 a.m. and all 90 of us are back out on the street, rubbing sleep from our eyes, shivering in the dark dawn, and waiting for the Third Street T line. When the train comes, most of us board without paying and ride back toward the city center to get busy finding some breakfast and making preparations for where to stay tonight. I have four hours before I have to be at work.

Shucrita Jones, director of Providence, later tells me the shelter’s materials have to be cleaned up by 7 a.m. because the church is booked for other activities. "We turn the lights on at 6. The clients have at least until 6:10 to get up. We encourage everyone to be out of there by 6:15 so we can be clear of the building by 6:30," she says. To her defense, she adds that the shelter monitors often let people in earlier than the contracted time of 10 p.m. and that when the weather is particularly nasty she’ll open the doors as early as 8:30 p.m. to let people in out of the cold.

As for the discrepancy between empty mats in the shelters and people going without beds, she blames the reservation system. "CHANGES has a lot of glitches," she says. "It’s got a lot of errors the city and county [are] trying to fix."

What I witness isn’t as bad as what I hear. In the shelters everyone has a horror story — some are about how they got there, others about what’s happened to them since they arrived. Nearly all include a questionable experience with staff — from witnessing bribes for special treatment to being threatened with denial of service for complaining. Their observations echo mine: the administration and certain high-level staffers exhibit genuine concern and an ability to help when you ask, but lower-tier workers aren’t as invested in providing good service.

Tracy tells me she sent her daughter to private school and considers herself a victim of the dot-bomb era and an illegal eviction that landed them at the Hamilton Family Center. "We were given one blanket. It was filthy. It had poo on it, and, I’m not kidding, there were even pubic hairs," she says.

She describes the shelter’s intake process as similar to that of jail bookings she’s seen on television. Six days later she and her child were thrown out. No reason was given, though she’s convinced it’s because a staff member overheard her complaining about a recent incident involving another client sneaking in a gun. When she was told to leave immediately, she wasn’t informed that she had the right to appeal. So she and her daughter hastily gathered their things and hit the dark Tenderloin streets.

A grievance system exists for people who’ve been hit with denial of service, or DOS’d, the colloquial term for kicked out. But the process can take months. Shelter managers I spoke with don’t deny that stealing is rampant, favoritism exists, and complaints occur — the greatest number about staff and food.

General complaints are supposed to be handled within the shelter, though they may be copied to the city’s Shelter Monitoring Committee. The SMC submits quarterly reports to the Board of Supervisors, Mayor Newsom, and the public, which show regular instances of inconsistent and unsafe conditions, abusive treatment, and a lack of basic amenities like toilet paper, soap, and hot water.

Those reports prompted Sup. Tom Ammiano to sponsor legislation mandating standards of care for all city-funded shelters (see "Setting Standards," 1/30/08). The new law would create baseline standards and streamline a complaint and enforcement process.

According to the HSA, many of these standards are already policies included in the contracts with the nonprofits that run the shelters, requirements such as "provide access to electricity for charging cell phones."

During my stay at the Episcopal Sanctuary, I asked the shelter monitor on duty where I could plug in my cell phone and was told I couldn’t. When I asked why not, the only reply was that it’s against shelter policy. At Ella Hill Hutch Community Center, Cohen was told he could plug in but at his own risk — his unattended phone would probably be stolen.

I reviewed all of the contracts between the city and the nonprofit shelter providers, as well as the shelter training manual that’s given to staff. I was unable to find the same list of policies the HSA gave to the budget analyst. I asked HSA executive director Trent Rhorer how these policies have been communicated to the shelter staff, but he did not respond by press time.

While the ability to charge a cell phone seems relatively minor, its ramifications can be huge. The first time James Leonard met with his case manager at Next Door shelter, he knew exactly what he needed to get back on his feet: bus fare to get to and from three job interviews he’d already scheduled, a clothing voucher so he’d have something nice to wear when he got there, and a couple of dollars for the laundry facilities at the shelter. He also needed to charge his cell phone to confirm the interviews. He said he was denied all four things.

The standards of care, if passed, could improve access to those basic provisions, but some in the Mayor’s Office have balked at the estimated $1 million to $2 million price tag. The budget analyst’s final report is scheduled for release Feb. 14, in time for a Feb. 20 hearing at the Budget and Finance Committee.

Deborah Borne, medical director of the DPH’s Tom Waddell clinic, is a proponent of the standards from a public health perspective. "For me, I’m looking at decreased funding and how can I best affect the most population with what remains," she said.

Dirty shelters can help spread disease outside their four walls, as clients leave every day to use municipal services like buses, libraries, trains, and restaurants, which we all enjoy. Borne says this is something that’s been tackled by other facilities that house large numbers of people and is long overdue in the shelters.

"You can argue about whether we should or shouldn’t have shelters, but there are no city, state, or federal regulations for them. There are tons of regulations for the army, for public schools and colleges, but we put people in shelters and there’s none," she said. To her, San Francisco is on the cutting edge of care with this legislation. "I can’t wait until we do this on a state level," she said.

Kayhan said he and the mayor support the spirit of the legislation and have no problems with most of the no-cost items, but the price tag for staffing, training, and enforcement is a concern. "I think when you’re looking at how much money you’re going to spend on homelessness overall," he told us, "I would rather allocate additional resources to create another unit of housing for someone as opposed to enhancing the service model of the shelters."

Every day he’s on duty in the Tenderloin, police captain Gary Jimenez comes across homeless people — or people who seem homeless but aren’t.

"One day on Turk Street, I came by a long line of people drinking. I was walking with a Homeless Outreach Team officer, and he said he knew them all. Only about 20 percent of them were actually homeless. They don’t want to sit in their rooms drinking. We give people housing but we don’t acclimatize them, get them used to being inside. They want to do what they’ve been doing, and they go out on the streets to do it. It’s social," he said.

Larry Haynes agrees. "It’s lonely and depressing in your room," he says. He lost his Beulah Street apartment through an Ellis Act eviction and has been living in the Vincent Hotel for three years, after a nine-month stint in the shelter system. He’s a tenant representative now, advocating for improved conditions in the SROs, which still beat the shelters.

"The criticism I hear from people on the streets is that there are some good shelters but you can’t get in them," Jimenez said. "Then there are shelters that are open that you can go to, but you wouldn’t want to because they’re really bad."

He tells me he’s visited shelters but finds it difficult to get a feel for how valid the complaints are. "I can’t tell without waking up there or knowing what it’s like to be thrown out on the street at 6 a.m. in the cold when there’s nothing open," he said.

The Shelter Monitoring Committee has requested that HSA staff stay in shelters at least once to get firsthand experience, but it’s yet to receive confirmation that this has occurred. When we asked Rhorer about the policy, he said, "There are 1,800 employees who work for HSA, so there is no way of knowing if any of them have been homeless and used the shelter system."

In our first conversation, Kayhan told me he had never stayed in a shelter. In a later interview, when I asked what he thought about the public perception of the shelters, he said, "I’m just not sure that the criticism that I hear around the shelters as being dangerous hellholes — or whatever has been said — matches what I see in the shelters or what I read with respect to incident reports or what I hear at the Shelter Monitoring Committee or at the shelter directors’ meetings. So perception is reality."

"Housing first" has been Mayor Newsom’s modus operandi for handling homelessness, and it’s a good one — the idea being to stabilize people, whatever condition they’re in: drunk or sober, clean or using, ill or able, young or old, alone or with family.

The city’s 10-Year Plan to End Chronic Homelessness, released in 2004, recommended 3,000 units of supportive housing to get the chronically homeless off the streets. Kayhan confirms the Mayor’s Office of Housing is on track to meet that goal through master-leasing SROs and building or renovating new affordable units, where occupants will get supportive services.

The chronically homeless, a catchall term for folks who stick to the streets and don’t or aren’t able to use the system, have been the mayor’s target and Kayhan’s priority. This makes sense because they’re the most visible face of homelessness.

Last year’s city budget allowed a tripling of staff for the Homeless Outreach Team, which works diligently to move the most entrenched homeless off SoMa side streets and out of encampments in Golden Gate Park. A special allocation of shelter beds was set aside for them, and those who refused shelter were put directly into stabilization units in SROs, bypassing the shelter system entirely.

For some, this has been great. It’s how Leonard finally started to make some progress. He bailed on the shelters after having his possessions thrown out three times by staff and hit the streets, where HOT found him, deemed him "shelter challenged," and moved him into a stabilization unit.

"I feel almost as good today as the day before I became homeless," he tells me one afternoon in January. The Bay Area native is hoping to transition into a subsidized rental soon.

Twenty-five percent of shelter staff are required to be homeless or formerly homeless. Some shelters hire up to 80 percent. Tyler is one of them — he lives at MSC South but works for Episcopal Community Services, which runs Sanctuary, Next Door, and the Interfaith Emergency Winter Shelter Program. He shows me his pay stub to prove it, and I note that every two weeks he takes home more than I do. "Yeah, I make good money," he agrees.

He’s been looking for an apartment, but rents are high and he hasn’t found anything good. A plan to move in with a family member fell through, so he’s just hanging out on the housing wait list. "What I really want to do is see what they’re going to do for me. I’ve been on [Personal Assistance Employment Services] for six months. Where is my SRO if I can afford to pay for it? So obviously that shit doesn’t work," he says.

He’s bitter about the effect the Golden Gate Park sweeps have had on the SRO stock. "They got SROs right away," he said of the 200-plus people who were removed from the park by HOT, put into stabilization beds, and transitioned to SROs. "They took them right away ’cause Gavin had to clean that shit up," he says.

Tyler, like many people I spoke with, keeps as sharp an eye as possible on City Hall. They read the papers and have opinions informed by firsthand experience about programs like Care Not Cash. They know Kayhan is making $169,000 per year and they’re making $29 every two weeks.

One morning, coming out of the bathroom at Sanctuary, I stop to study a posting for affordable housing on a bulletin board. It’s a studio for $863 per month, more than I pay for my one-room Mission flat. The longer I stay in the shelters and the more people I talk to, the less secure I feel in my economic stability.

Ruby Windspirit has been homeless since Jan. 14, two days before I started my tour of the shelters. The 59-year-old Irish Navajo was attending school in Portland, Ore., studying photography and science, when she became ill with bone cancer. She came to San Francisco to convalesce closer to her daughter, who lives in a one-bedroom apartment in the Castro with three other people.

Windspirit knew she couldn’t stay on the couch for too long and made a reservation for a $27 per night hotel in the Tenderloin. Despite the reservation, she couldn’t get in for two days and the bed she was ultimately given was two box springs with a piece of plywood for support. The sheets were dirty. She left after two weeks and entered the shelter system. She says Next Door is "150 percent better" than the hotel. She has a bed off the floor and the extra blanket her doctor recommended, though she was scolded for trying to plug in her phone.

I try to imagine what people like Windspirit would do if there weren’t shelters. But the Ten Year Council also recommended a phasing out of shelters within four to six years, to be replaced by 24-hour crisis clinics and sobering centers.

There are 364 fewer shelter beds in San Francisco than when Newsom became mayor. This year more may go. The city is currently requesting proposals to develop 150 Otis, which serves as a temporary shelter and storage space for homeless people, into permanent supportive housing for very-low-income seniors. About 60 shelter beds will be lost.

The HSA confirmed there are currently no plans to open any more shelters in San Francisco. The last plan for a new shelter — St. Boniface — fell through, and the money that was set aside for the project still languishes in an HSA bank account. Midyear budget cuts proposed by the mayor put that money on the chopping block.

Buster’s Place is also on the list of cuts. By April 15, the only place where someone can get out of the elements at any time, day or night, could be closed for good.

Kayhan, who previously oversaw Project Homeless Connect, Newsom’s private-sector approach to the problem, agreed that shelters will always be needed. What he worries about are the people who become dependant on them and refuse housing offers, although he’s also thinking about ways that shelters could be more amenable.

"I’d like to look at the next step with Homeless Connect to try and institutionalize that in the way we do business specifically in the shelters," he said, imagining a shelter pilot of one-stop shopping for services.

But just three weeks into his new job Kayhan was reaching out to constituents to try to figure out what isn’t working. He told us, "What I’m trying to do since I came into this position is be on the street and measure the impact the system is having on those that are on the street day in and day out and try to see what part of the system isn’t working properly or needs to be resourced differently so that we don’t see homeless people, long term, on the streets."

One night at MSC, in the bathroom before bed, a young woman tells me her story while I brush my teeth and she washes off her makeup. Not too long ago she drove here from Florida to meet up with her boyfriend. They were hanging out on the street one night when a cop came by, cited him for an open container, and discovered he had a warrant. Now he’s in jail in San Rafael.

She started sleeping in her Suburban while she looked for job and a place to stay. One night while she slept, parked at Castro and Market, she was hit by a drunk driver. She lifts a hank of long blond hair and shows me a bright pink tear of stitches above her temple. An ambulance took her and the drunk to the hospital. Her totaled car was towed. When the hospital found out she had no place to go, it sent her here.

"Now I’m in a fucking homeless shelter," she says, genuinely aghast at the situation and truly lost about what to do. She has her bed for five more days.

She could get a job. She says, "I have hella references," from working in restaurants for years. She could sleep in one of her friends’ cars, but it seems like so much work: waking up in the car, going to a resource center or shelter to wash up, then going to work.

We joke about living in the shelter. "Yeah, you can come over," she imagines telling her friends. "Dinner’s at 4:30."

"You’ve got to leave by 10," I say.

"It’ll be fun. We can hang out and smoke on the patio," she says.

I don’t know what else to say, except "Good luck." I know what it’s like to chase a boyfriend to San Francisco. I remember sleeping in my car when I was 21, during a strange time between graduating from college and getting a place to live for the summer in a town where housing was tight. I think about my little sister, packing up her Subaru one day and taking off to Miami, where she didn’t know a soul. You have a little money, a lot of hope, and that youthful sense of invincibility, but sometimes it all comes down to luck.

I bid her good night, pack up my toiletries, and wipe my face with my shelter-issued towel. It smells vaguely of bleach and shit.

› amanda@sfbg.com

Bryan Cohen contributed to this report.

Daly’s affordable housing power play

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Sup. Chris Daly appears to be coming up just short in a power play to force affordability standards on the 10,000 housing units that Mayor Gavin Newsom, Lennar Corp., and other top power brokers are trying to build through a June ballot measure. Daly has been working with Bayview-Hunters Point activists — including those with People Organized to Win Employment Rights (POWER) and Center for Self-Improvement — to craft a ballot measure that calls for rental housing in the area to be affordable by those making half the city’s median income or less and for housing sales to be affordable by those at 80 percent of the median income or less. Daly needs the signatures of four supervisors by 5 p.m. today to place it on the ballot, but right now he only has Sup. Ross Mirkarimi. Supporters of the measure just minutes ago lined up to testify during the public comment portion of today’s Board of Supervisors meeting, citing the dire need for affordable housing to stem the black exodus from the city, while the African-American ministers who have been close to Lennar and Newsom urged the supervisors not to sign it. While Daly tells us there’s still a chance to get signatures from Tom Ammiano and/or Gerardo Sandoval (who at one point, Daly said, seemed inclined to support it but may have gotten worried about how it might affect his run for judge at the same time), but it doesn’t look good. Lennar representatives and their allies have been circulating through City Hall since the measure was completed on Friday, lobbying hard against it. Now, activists may have to gather signatures if they hope to qualify the measure for the June ballot.

Careers & Ed: Assembling a career

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› culture@sfbg.com

Susan Gould is helping me sew up the sides of my Converse sneakers with black surgical suture thread. We’re drinking very strong coffee and sitting in her workroom, which is lined with small plastic bins and boxes filled with hundreds of glass, metal, and paper objects she uses for her assemblage art pieces. The whole experience is surreal — mending the holes in my shoes with a woman I met only an hour before, surrounded by old packaging and papers, buttons, and small objects from warehouses and thrift shops.

But surreal isn’t a new term to the self-sustaining artist. In fact, it’s the word most people use to describe her work: diorama pins, images trapped under magnifying glass, and items like dice, knobs, or bottle caps fused into a statue, all deceptively simple at first glance but strikingly detailed on closer examination.

"I am very particular about the images I use," says Gould, who often alters pictures and then collages them together in Photoshop. "They need to evoke a certain warmth that I can feel."

WORKS OF ART


Gould usually starts with images.

"I am always drawn to the bizarre world of the Victorians," she says. "Vegetable and animal bodies with human heads. Surreal imagery. And definitely nostalgic imagery. I love the vivid colors in Renaissance paintings and costumes and old scientific images. But even these subgroups cover a wide category, and there are many contradictions."

For example, Gould isn’t a fan of retro, cute, or whimsical styles. It’s the fine line between nostalgia and whimsy that differentiates Gould’s art from similar work. Hers are small pieces of reality that have been encapsulated and distorted into foreign and lovely objects that tug at the subconscious.

"I love the idea of taking things out of context and of evoking emotion visually out of pieces of parts," she says. "The dimension invites me to look inward. And it is this idea of being transported into an imaginary moment that intrigues me. Who says this has to be the only world?"

Even as a child, the concept of small, segmented realities fascinated Gould. One of her first encounters with the idea was when her parents took her at age six on a trip to the Museum of Science in Boston.

"I remember being captivated by the variety of shadowboxes and dioramas and thinking, ‘If this is a job, I want it,’<0x2009>" Gould explains.

That fascination set her on the path to self-supporting artistry in 1986. Today she has retail carriers nationwide, as well as in Japan and Canada. Locally her art is sold at the Studio Gallery on Polk Street and at a few festivals and studio sales every year. She’s also recently signed a contract to produce custom work for a company that supplies 43 specialty museum stores.

ART AS WORK


After working as a freelance graphic artist for 12 years, Gould was forced by outside circumstances to examine new employment options.

"The woman who was paying me $20 an hour as a freelancer told me she had to hire me as a full-time employee for $10.50 or she couldn’t keep contracting me. And the idea of walking around with a portfolio like a first grader, showing it to potential new employers, made me cringe," she says. "So I asked myself, what else can I do?"

With no investor and no other source of income, Gould simply leaped headfirst into her business.

"I just ate rice and beans for a year and worked and worked and saved and saved and kept on going. I think my total investment in getting this business off the ground was $1,000. It became like a challenge to see how little I could spend, how much I could save," she recalls. "I learned so much about myself."

The experience was so important that Gould lists tips on her Web site for people looking to follow her example. According to her site, the top three things one needs to start one’s own business are luck, optimism, and perseverance — in that order.

"I think luck is a factor, but not the only one," Gould explains. "I was lucky in that the things that appealed to me happened to appeal to a large audience. I’ve seen so many talented artists whose stuff doesn’t sell, and I don’t get it. I don’t even really feel like I can take credit for the things I make, most of the time. The objects are themselves. They’re already beautiful, and I just see ways to put them together. It’s not something I’ve created; it’s just a way of seeing things differently."

In order to support herself solely by the sale of her work, Gould sometimes has to make tough decisions about which pieces she offers to buyers.

"In making a living selling my art, I have learned not only to become an efficiency expert and listen to my inner judgment, but that I sometimes have to sacrifice really great products that I cannot make a profit from," she reveals. Gould offers her recent production of dice as an example. Each set took painstaking work to create: she used cubes of wood wrapped in distressed foil from wine bottles and formed the numbers with upholstery tacks. Gould says she could never sell them for their true worth, so she gave them away as gifts. It is that fluid, compromising attitude that has enabled her to succeed.

Gould also does custom work for individuals. If a person provides her with pictures, she can turn them into anything from a bracelet to cufflinks to earrings. She also creates superhero figurines by taking a small plastic toy, removing the head, and putting the image of a loved onemagnified under glass — in its place. The figure is then mounted on a wooden base with wheels. It sounds simple, but Gould’s hand brings a sense of the surreal to the affair, turning what seems like a child’s craft project into a true work of art.

However, not all of her work is for sale or given away. The corners and walls of her apartment are home to the few pieces she likes enough to keep or art that others have made for her, each of which has a story. Through these creations I learn a lot about her father, her brothers, and her friends, their memories preserved and constantly present. She has a miniature tomato mounted on a pedestal that she’s kept for years and a rack of key chains that inspires me to talk about my sister and the emotional attachments people form with inanimate objects.

Which eventually leads to the topic of my shoes and the project, currently at hand, of repairing them. Now we’ve got a small drill, which we’re using to bore through the rubber sole. Gould asks me to prop my foot on a stool before I leave, when she pulls out a camera and snaps a photo of the finished product, which looks like something emo kids would pay $50 to own: shoes, slightly damaged.

"Preserving the moment," I joke as I leave.

"Always," Gould replies with a smile. "I’ll send the picture."

Sneak attack on public power

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EDITORIAL This is Mayor Gavin Newsom’s idea of shaking up his administration: fire a Public Utilities Commission director who has been doing a pretty decent job, then replace her with a city controller who has been pretty good at his job but will most likely be terrible at hers. The result should please nobody but Pacific Gas and Electric Co.

We’ve had our concerns about PUC director Susan Leal; she’s been tiptoeing oh-so-cautiously around public power when she ought to be leading the charge to kick PG&E and its illegal monopoly out of town. But at least she’s moving in the right direction, generally — and the fact that PG&E wants to get rid of her is a sign that she’s the kind of person the city ought to have at the helm of this crucial agency.

The logic of firing Leal makes so little sense. She has little more than a year left on her contract, and to pay her mandatory severance will cost the city $500,000, which the treasury can ill afford. And Newsom hasn’t pointed to anything she’s done wrong.

But city hall insiders say PG&E thinks she’s too aggressive about public power, and the giant utility can’t tolerate that. So Newsom quietly announced Friday afternoon, Jan. 4, that she was going to be replaced.

Of course, Newsom technically can’t fire the PUC general manager — only the commission can do that. And under the Brown Act, the state’s open-meetings law, the mayor can’t call them all and seal the deal; the commissioners have to hold a meeting and talk about it. That meeting ought to be open to the public. The commissioners will try to close the doors, arguing that the general manager’s future is a confidential personnel matter — but that privilege exists to protect the employee, not the commissioners, and Leal has every right to waive it. She should fight back here, demand that the panel meet openly and discuss in public why she is being dismissed — and take the opportunity to challenge any claims against her and to make her case both for public power and for her continued employment.

This is far more than a simple dispute between an executive employee and an appointed commission; there are key policy issues at stake here — public power, community choice aggregation, and the city’s energy future — and they shouldn’t be settled in secret.

Ed Harrington has been a decent controller in many respects — but he’s never shown any indication of supporting public power. In fact, he’s done the opposite — every time the issue has come before him, he’s found a way to help PG&E. His estimates of the cost of public power ballot measures have been so wildly inflated as to be professionally embarrassing. For more than five years he’s refused to do what Sup. Chris Daly has requested and calculate the cost to the local economy of high PG&E rates. And Harrington was a senior PUC staffer when the sellout contracts with PG&E, Turlock, and Modesto were negotiated.

The Board of Supervisors should hold a hearing on these personnel changes and demand that Harrington appear and discuss publicly his position on CCA and PG&E. At the very least the voters should have the right to see this for what it appears to be: a Newsom-PG&E sneak attack on public power. And the board should pass Sup. Sophie Maxwell’s proposal to give it the authority to appoint some members of the PUC.

PG&E still calls the shots

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EDITORIAL Mayor Gavin Newsom hasn’t even officially started his second term, and already he’s putting out the signals: this is going to be a very bad four years. He’s sent loyal staffers packing, cut salaries in his office by sending a senior aide to the airport with no real job description, and created a bogus hiring freeze that lets him control all new city employment in every department.

And now, several supervisors say, he’s allowing Pacific Gas and Electric Co. to decide who gets to run the city’s Public Utilities Commission.

Newsom’s office won’t comment on why the mayor has asked PUC general manager Susan Leal to resign. The mayor hasn’t explained what Leal might have done that would be so bad that it’s worth spending $500,000 the city doesn’t have to buy out her contract. But Sups. Ross Mirkarimi and Aaron Peskin, who have been watching Leal closely, say the reason she’s being sent packing is very simple: she’s moving too aggressively on public power.

Now, let’s step back a moment here and put this in perspective. Leal was never a radical public power advocate. She didn’t support public power when she was on the Board of Supervisors and was very slow to come around to the notion that the city should take a more active role in generating and distributing its electricity.

But over the past few years Leal and her staff have been cautiously, haltingly moving toward community choice aggregation, city-owned generation, and the concept of putting city power lines below the streets. It’s not an agenda that was going to lead to a total takeover of PG&E’s facilities in the next year or two, and, in fact, at Leal’s pace PG&E’s illegal monopoly was probably safe for another decade. Still, Leal was moving toward creating city-owned electric generation through a set of new combustion turbines — a plan PG&E bitterly opposed.

Leal isn’t commenting, and the Mayor’s Office will only say that discussions about her job tenure are ongoing. But City Hall sources tell us Newsom’s office informed Leal last week that she would be among the department heads replaced next year — and there’s plenty of evidence that her willingness to proceed with public power is among the reasons why. "That’s absolutely part of what this is about," one person close to the Mayor’s Office told us. Another said, "The Mayor’s Office is saying she has a bad relationship with the commission, and a lot of that is about city-owned power."

Ryan Brooks, the president of the PUC, told us he couldn’t comment on a personnel matter and insisted that Leal isn’t facing the ax because of public power. But he made a point of saying the commission needs "to take a step back and see what we’re trying to do" before proceeding with anything that looks like a public power plan.

The message here is pretty clear: challenge PG&E in Newsom’s San Francisco, and your job is on the line.

Leal’s no fool. She refused to take the PUC job unless the mayor offered her a written contract that makes it expensive to get rid of her. And Leal can simply collect her lucrative severance package and walk away.

But if she’s serious about her legacy, her political future, and the issues she says she cares about, Leal shouldn’t back down so quickly. The mayor can’t fire her directly; that’s the job of the five-member PUC. And while Newsom asked every department head to submit a resignation letter months ago, Leal was cagey; her letter stops short of offering to leave. So legally, the mayor can’t simply accept her resignation if she chooses to fight. In fact, Angela Alioto, a civil rights lawyer and former supervisor, says Leal is in the driver’s seat here. "She has a contract, and she can’t be fired without cause," Alioto told us. "She should forge ahead."

At the very least, Leal ought to demand a full, public PUC hearing and demand that the mayor’s proxies on the panel explain exactly what she’s done wrong. And she should turn that hearing into a discussion of public power and the city’s energy future and insist that the commissioners say openly whether they support a transition away from PG&E and toward a city-run system.

But frankly, most of the PUC commissioners aren’t likely to defy the mayor or go up against PG&E. It’s an embarrassing panel, and the supervisors need to move as quickly as possible to do for the PUC what they’ve done for other key city commissions and mandate that the mayor and the board share appointing power. The district-elected supervisors ought to have three appointments to the panel and the mayor two.

In the meantime, the behavior of the Mayor’s Office here demonstrates why it’s critical that the public power movement start looking at a ballot measure for next fall — an initiative or charter amendment that would set in motion a program to create a city-owned utility. There are lots of ways to approach that process; it certainly fits as part of a sweeping campaign against privatization. But however you frame the issue, it’s clear the mayor and his PUC can’t be trusted here, not for one minute longer.

Take Dap

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Take it from me: with our purist hearts and crate-digging proclivities, we true-blue soul believers and bright-eyed funk freaks tend to be a pretty devoted lot, but Brooklyn Stax-Motown revivalists Sharon Jones and the Dap-Kings inspire a level of commitment that would make even Dr. Phil blush. A friend of mine loves to tell me about the time she spent her last $15 to get into their show in Austin, Texas. There she was, penniless, thirsty, and without a paycheck in sight for another week, and none of it mattered. "Why would it?" she whoops and grins as she recalls that night of empty pockets and high spirits. "I danced my ass off, honey! Money — who cares?"

It’s a story worth mentioning, since so much of what makes Sharon Jones and the Dap-Kings such an electrifying force comes from their ability to whisk listeners away from their day-to-day worries while delivering glorious emotional, hip-loosening release. Man problems, woman problems, cash flow problems — these headaches happen to everybody, and Jones and her eight partners in greasy-groove know-how are no exception, as such songs as "My Man Is a Mean Man" attest. Still, soul music’s all about catharsis through a band’s connection with its audience on a feel-it-in-the-gut level, and what better way to make that communion than with the inarguably simple message "There ain’t no troubles we can’t dance away!"

This declaration has resonated with so many listeners because it has been articulated flawlessly. Never mind that the Dap-Kings have been catching new fans since they were tapped to back Amy Winehouse on her Back to Black (Island, 2006). Every chicken-scratch guitar, every fat-bottom bass line, every popping horn arrangement is a triple-take-inducing transmission from a predisco soul universe — a rare event in today’s more technology-driven neosoul market. The Dap-Kings — led by bassist-producer Bosco Mann — have clearly ingested every ounce of ’60s and ’70s R&B and funk, and their authenticity-prizing take on the sweat-soaked rhythms of James Brown’s beloved house band, the JB’s, has yielded a righteously old-school backdrop for Jones’s mighty pipes. In a live setting, the JB’s comparison is tough to miss. Swiss-clock precise but blazing with passion, these workhorses are unstoppable and a joy to behold.

And those mighty pipes I mentioned? Jones can do it all, whether she’s snapping and snarling like Etta James, giving the gospel lowdown à la Aretha Franklin, or sassing away like the second coming of Lyn Collins, and she rightfully deserves to be mentioned in the same breath as Bettye LaVette and Irma Thomas, while we’re at it. Endowed with a full-throated, bottomless-lunged attention grabber of a voice, Jones can slide effortlessly from tender, sweet-lipped supplications to tougher-than-nails put-downs — the latter ability possibly stemming from her years of employment as a prison guard — often within the same song. A master interpreter, she has not only reconfigured the Woody Guthrie folk ditty "This Land Is Your Land" into a slinky call for social equality but also scraped away the cheesy gloss of Janet Jackson’s "What Have You Done for Me Lately?" to reveal the stinging nettles lying underneath.

Sharon Jones and the Dap-Kings’ recently released third album, 100 Days, 100 Nights (Daptone), is a stirring document from a band at the height of its powers. All of the familiar funk and fire are there, and the addition of bluesier elements on tracks such as "Humble Me" and "Let Them Knock" demonstrates that they still have plenty of ideas to kick around. Best of all, they’ve never sounded as smoky, as sultry, as they do on this disc. If you haven’t yet offered up your heart to these folks, here’s your chance.

SHARON JONES AND THE DAP-KINGS

Wed/5, 8 p.m., $18–$20

Bimbo’s 365 Club

1025 Columbus, SF

(415) 474-0365

www.bimbos365club.com

Civil service bait and switch

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› gwschulz@sfbg.com

Roger Gainey thought he had what it takes to become a supervisor at the San Francisco Juvenile Probation Department.

He certainly met the basic criteria: "May be required to restrain hostile or agitated youth…. Requires ability to work in stressful situations…. Minimum four years of verifiable professional experience as a juvenile probation officer."

Gainey has worked as a probation officer in the department for eight years and received satisfactory performance evaluations from superiors. His big, muscular frame commands attention from people around him, even violent young toughs. But his soft facial features and cool manner seem to convey the thoughtful side necessary to work with directionless teens. "I’ve worked in all of the units," he told the Guardian, "pretty much throughout the whole department."

Most of all, Gainey, an African American, earned the top score on a difficult civil service exam that was offered in March for the first time since Gainey began at the department, beating 24 other applicants gunning for the same promotion.

So why did department managers skip over him and select four other applicants with lower scores on the combined written and oral test?

Alphanso Oliphant, who’s also black, believed he too possessed all of the right qualities to become a supervisor and lead 10 to 12 staffers in this often tense environment. He’s worked as a juvenile probation officer for 21 years and earned the second-highest score.

But he was also passed over for advancement.

Oliphant speaks deliberately, with a soothing voice, his visage distinguished by weary eyes and a slender moustache. He and Gainey wore well-pressed suits and detention center access badges around their necks as we met recently over lunch in West Portal, not far from the department’s central office on Woodside Avenue.

"I’ve had numerous supervisors," Oliphant said. "Not one has ever, ever raised the issue of inability to perform, inability to communicate properly, inability to work with the families. That’s all verifiable."

Gainey’s current assignment involves working with about 40 young people at a Juvenile Probation Department–affiliated school known as the Principal Center Collaborative Campus, where many of the students have drug and alcohol problems and require mental health services.

Oliphant is a court officer responsible for presenting the department’s recommendations for cases appearing on the docket each day — the top task he can perform under his current job classification.

The department first announced the available supervisory positions in January, and three days’ worth of examinations were taken by applicants this spring. But in the week following the test period, a personnel manager for the department named Samuel Kinghorne made an agreement with a union representative from the Operating Engineers Local 3 (who did not return calls seeking comment) to change a long-standing civil service rule reguutf8g how individuals are promoted.

The cornerstone of the city’s civil service system is its merit component. By requiring that applicants for available positions be given exams, the city can ensure that those with the highest qualifications will get the job. The Civil Service Commission here is one of the oldest in the nation, in fact, first formed in 1900 as a response to the entrenched municipal cronyism rampant in cities around the nation, including San Francisco.

For years top scorers on civil service exams were selected for open positions under what’s known as the rule of three. It required managers to promote from among those who earned the highest scores, which surely would have meant new jobs for Oliphant and Gainey.

The rule of three became official city policy in San Francisco nearly 20 years ago, and the concept has existed at the federal level for decades as a way to prevent patronage and favoritism.

At the time the job openings were announced, however, the Juvenile Probation Department was negotiating with Local 3 over an alternative selection process called the rule of the list, which is permitted under city guidelines only if applicants are notified of the change at the time the job openings are announced. The rule change allowed managers — in this case juvenile probation chief William Sifferman — to promote from a much larger group of applicants, including those who had earned lower scores on the exam.

But the change was not agreed on until months later, just after the tests were taken, leading Oliphant and Gainey to believe the department tinkered with the promotion process only after it learned who had made it to the top of the list.

"When a black man is in a position to make that touchdown, the goal line moves," Oliphant said. "The goal line moved here."

Department personnel analyst Barry Biderman, who was involved in the negotiated rule change, says it took months to settle because he was simply having trouble getting in touch with the union. "I had left messages with the union a number of times," he said. "The formal letter just took a while to sign."

Sam Kinghorne, who finalized the change with the union, insisted there was "nothing illegal about that" but mostly refused to comment, pointing to union grievances filed by Oliphant and Gainey. "You guys are barking up the wrong tree," Kinghorne said. "I’m not going to give you a spicy story. But remember that it’s up to the appointing officer to [make the selection]."

That’s true. As long as the rule of the list is in place, the department head can pick whomever he wants for the job from among those who passed the test, narrowly or not. The decision maker was Sifferman, but he called it a "personnel matter" and refused to explain why he selected four people for promotions other than Gainey and Oliphant, including one applicant who scored a 937 to Gainey’s 1060.

"I followed the process as it was described in the job announcements and all of the procedures that were outlined there," Sifferman said.

Carl Bellone, a longtime public administration professor at California State University, East Bay, concedes that the rule of the list may "lend itself to more potential for abuse" than the rule of three.

The trick is finding a balance between a century of civil service rules designed to ensure clean government and the reality that top test scorers may not always be the best candidates. "Ironically, a lot of people wanted to go to the rule of the list for affirmative action reasons," Bellone said. "You can go lower on the list to select a woman or African American."

But the rule of the list can also allow managers and politicians to limit promotions to loyalists who will do their bidding, or exclude those who aren’t afraid to openly criticize an agency’s performance.

"It completely and totally … prostitutes the promotional process," said Gary Delagnes, president of San Francisco Police Officers Association, which has long resisted the rule of the list. "If you give an exam — any exam — and you tell the person that finished number one, ‘We’re not going to give you this promotion, because we don’t think you’re up to the task,’ then what’s the point? You might as well go in alphabetical order."

Regardless of motive, the move by Juvenile Probation Department managers at least looks unseemly, considering Oliphant and Gainey are black (one African American woman was selected; the rest were not black). So each filed a complaint with the federal Equal Employment Opportunity Commission and the San Francisco Civil Service Commission.

The timing of the new selection rule "suggests the change was made solely to give management the ability to exclude certain individuals from promotion and allow other, lower scoring individuals, to [advance]," Gregg Adam, a lawyer for the duo, wrote to civil service officials and the San Francisco Department of Human Resources in August.

The union that agreed to the rule change didn’t even represent Gainey and Oliphant — Local 3’s rank and file are supervisors, the title the men were hoping to attain. Officials at the Human Resources Department looked into the matter but insisted in a report called for by Adam that management had done nothing wrong. The Juvenile Probation Department was unaware of the test results before it changed the promotion policy because its outside consulting firm hadn’t graded them yet, the September report concluded. It also said that the rule of three policy allows for a slightly broader pool of eligibility when more than two positions are vacant.

On the other hand, the report does acknowledge that managers began grading the oral portion of the exams right away. And the list of those who were promoted wasn’t unveiled until August, long after the tests were first administered and all of the scores were in. But "there was no evidence" that the rules were changed in an attempt to discriminate against Gainey and Oliphant, according to the report.

Anita Sanchez, executive officer of the Civil Service Commission, recently finished a probe for her department and told us she believes the Juvenile Probation Department management’s claim that they had no idea who had earned top scores on the test before broadening the list of applicants eligible for promotion.

But Gainey and Oliphant say the experience has soured them on the Juvenile Probation Department.

"A lot of the kids were rooting for me at the [Principal Center Collaborative Campus]…. They were all cheering me on," Gainey said. "Then all of a sudden they found out I didn’t get it. The kids were more hurt than I was." *