Eviction

The real Leland Yee

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tredmond@sfbg.com

It’s early January 2011, and the Four Seas restaurant at Grant and Clay is packed. Everyone who is anyone in Chinatown is there — and for good reason. In a few days, the Board of Supervisors is expected to appoint the city’s first Asian mayor.

The rally is billed as a statement of support for Ed Lee, the mild-mannered bureaucrat and reluctant mayoral hopeful. But that’s not the entire — or even, perhaps, the central — agenda.

Rose Pak, who describes herself as a consultant to the Chinese Chamber of Commerce but who is more widely known as a Chinatown powerbroker, is the host of the event. She stands in front of the room, takes the microphone, and, in Cantonese, delivers a remarkable political speech.

According to people in the audience, she says, in essence, that the community has come out to celebrate and support Ed Lee — but that’s just the start. She also urges them not just to promote their candidate — but to do everything possible to prevent Leland Yee from becoming mayor.

She continues on for several minutes, lambasting Yee, the state Senator who lived in Chinatown as a child, accusing him of about every possible political sin — and turning the Lee rally into an anti-Yee crusade. And nobody in the crowd seems terribly surprised.

Across Chinatown, from the liberal nonprofits to the conservative Chamber of Commerce, there’s a palpable fear and distrust of the man who for years has been among San Francisco’s most prominent Asian politicians — and who, had Lee not changed his mind and decided to run for a full term this fall, was the odds-on favorite to become the city’s first elected Chinese mayor.

The reasons for that fear are complex and say a lot about the changing politics of Asian San Francisco, the power structure of a city where an old political machine is making a bold bid to recover its lucrative clout — and about the career of Yee himself.

Senator Leland Yee is a political puzzle. He’s a Chinese immigrant who has built a political base almost entirely outside of the traditional Chinatown community. He’s a politician who once represented a deeply conservative district, opposed tenant protections, voted against transgender health benefits and sided with Pacific Gas and Electric Co. on key environmental issues — and now has the support of some of the most progressive organizations in the city. He’s taken large sums of campaign money from some of the worst polluters in California, but gets high marks from the Sierra Club.

His roots are as a fiscal conservative — yet he’s been the only Democrat in Sacramento to reject budget compromises on the grounds that they required too many spending cuts.

He’s grown, changed, and developed his positions over time. Or he’s become an expert at political pandering, telling every group exactly what it wants to hear. He’s the best chance progressives have of keeping the corrupt old political machine out of City Hall — or he’s a chameleon who will be a nightmare for progressive San Francisco.

Or maybe he’s a little bit of all of that.

 

Leland Yin Yee was born in Taishan, a city in China’s Guangdong province on the South China Sea. The year was 1948; Mao Zedong’s Communist Party of China had taken control of much of the countryside and was moving rapidly to take the major cities. The nationalist army of General Chiang Kai-Shek was falling apart, and Yee’s father, who owned a store, decided it was time for the family to leave.

The Yees made it to Hong Kong, and since Mee G. Yee had previously lived in the United States and served in the U.S. Army during World War II, he was ultimately able to move the family to San Francisco. In 1951, the three-year-old Leland Yee arrived in Chinatown.

For four years, Yee lived with his sister and mother in a one-room apartment with a shared bathroom while his father worked as a sailor in the merchant marine. It was, Yee recalled in a recent interview, a tight, closed, and largely self-sufficient community.

“The movie theater, the shoe store, the barber shop, food — everything you needed you could get in Chinatown,” Yee said. “You never had to leave.”

Of course, after a while, Yee and his mom started to venture out, down Stockton Street to Market, where they’d shop at the Emporium, the venerable department store. “It was like walking into a different country,” he said. “If you didn’t know English, they didn’t have time for you.”

Yee, like a lot of young Chinese immigrants of his era, put much of his time into his studies — in the San Francisco public schools and in a local Chinese school. “My mom spoke a village dialect, and we had to learn Cantonese,” he said. “Every little kid had to go to Chinese school. We hated it.”

When Yee was eight, his parents managed to buy a four-unit building on Dolores Street, and the family moved to the Mission, where he would spend not only the rest of his childhood but much of his early adult life. He graduated from Mission High School, enrolled in City College, studied psychology and after two years won admission to UC Berkeley.

Berkeley in 1968 was a very different world from Chinatown and even the relatively controlled environment he’d experienced at home in the Mission. “You didn’t protest in school. You’d have been sent home, and your mother would kill you,” he said.

At Berekely, all hell was breaking loose, with the antiwar protests, the People’s Park demonstrations, the campaign to create a Third World College (which led to the first Ethnic Studies Department), and a general attitude of mistrust for authority. “I developed a sense of activism,” Yee said. “I realized I could speak out.”

That spirit quickly vanished when Yee lost faith in some of his fellow activists. “People would work with us, then get into positions of power and use that against you,” he recalled. “A lot of my friends said ‘forget it.’ I left the scene.”

Yee once again devoted his energy to school, earning a masters at San Francisco State University and a Ph.D in child psychology from the University of Hawaii. Along the way, he met his wife, Maxine.

With his new degree, the Yees moved back to San Francisco — and back in with his parents at the Dolores property, where he, Maxine and a family that would grow to four kids would live for more than a decade.

 

Yee worked as a child psychologist for the San Francisco Department of Public Health, starting the city’s first high school mental-health clinic. He went on to become a child psychologist at the Oakland Unified School District, then joined a nonprofit mental health program in San Jose.

In 1986, Yee decided to get active in politics for the first time since college, and ran for the San Francisco School Board. He lost — and that would be the only election he would ever lose. In 1988, he won a seat, and established himself as an advocate for students of color, fighting school closures in minority neighborhoods. He also tried to get the district to modify its harsh disciplinary rules, arguing against mandatory expulsions.

On fiscal issues, though, Yee was a conservative. For his first term, despite the brutal cutbacks of the recession of the late 1980s and early 1990s, he insisted that the district make do with the money it had. His solution to the red ink: Cut waste. Only in 1992, when he was up for re-election, did he acknowledge that the district needed more cash; at that point, he supported a statewide initiative to tax the rich to bring money to the schools.

The sense of fiscal conservatism — of holding the line on taxes, but mandating open and fair contracting procedures and tight financial controls — was a hallmark of much of his political career. When the Guardian endorsed him for re-election to the board in 1992, we wrote that “there’s real value in his continuing vigilance against administrative fat and favoritism in contracts.”

Over the next four years, Yee worked with then-Superintendent Waldemar “Bill” Rojas, a deeply polarizing figure who pushed his own personal theory of “reconstitution” — firing all the staff at low-performing schools — and later was enmeshed in a scandal that led to prison time for a contractor he’d hired. Yee told me he was the only board member to vote against hiring Rojas, but people who were watching the board closely back then say he didn’t always stand up to the superintendent.

He also became what some say was a bit too close with Tim Tronson, a consultant hired by the district as a $1,000-a-day facilities consultant. Tronson wound up getting indicted on 22 counts of grand theft, embezzlement, and conspiracy in a scheme to steal $850,000 from the schools, and was sentenced to four years in state prison.

In 1998, when some school board members wanted to build housing for teachers on property that the district owned in the Sunset, Yee led the opposition — with Tronson’s help. At one meeting at Sunset Elementary School, Yee went so far as to say, according to people present, that “Tim Tronson is my man, and I rely on him for advice.”

Yee acknowledged that he worked closely with Tronson to defeat that housing project. “He was the facilities manager,” Yee explained, “and I said that I trusted his judgment.”

 

Yee has either a great sense of political timing or exceptional luck. He ran for the Board of Supervisors in 1996, facing one of the weakest fields in modern San Francisco history. He was the only Chinese candidate and one of just two Asians (the other, appointed incumbent Michael Yaki, barely squeaked to re-election). In an at at-large election with the top five winning seats, Yee came in third, with 103,000 votes.

He was never a progressive supervisor. In 2000, the Guardian ranked the good votes of what we referred to as Willie Brown’s Board, and Yee scored only 43 percent. He was against campaign finance reform. He supported the brutal gentrification and community displacement represented by the Bryant Square development. He voted to kill a public-power feasibility study and opposed the Municipal Utility District initiative. He opposed a moratorium on uncontrolled live-work development.

In 2002, Yee was one of only three supervisors to oppose Proposition D, a crucial public-power measure that would have broken up PG&E’s monopoly in the city. He stood with PG&E (and then-Sups. Tony Hall and Gavin Newsom) in opposition to the measure, then signed a pro-PG&E ballot argument packed with PG&E lies.

When I asked him about that stand, Yee at first didn’t recall opposing Prop. D, but then said he “stood with labor” on the issue. In fact, the progressive unions didn’t oppose Prop. D at all; the opposition was led by PG&E’s house union, IBEW Local 1245.

Yee was particularly bad on tenant issues. He not only voted to deny city funding for the Eviction Defense Collaborative, which helped low-income tenants fight evictions; he actually tried to get the city to put up money for a free legal fund to help landlords evict their tenants. He opposed a ballot measure limiting condo conversions. He opposed a measure to limit the ability of landlords to pass improvement costs on to their tenants.

In 2001, Yee voted to uphold a Willie Brown veto of legislation to limit tenancies in common, a backdoor way to get around the city’s condo conversion ordinance. Only Hall and Newsom, then the most conservative supervisors on the board, joined Yee. At one point, he started asking whether the city should consider repealing rent control.

He opposed an affordable housing bond in 2002, joining the big landlord groups in arguing that it would raise property taxes. Every tenant group in town supported the measure, Proposition B; every landlord group opposed it.

I asked Yee about his tenant record, and he told me that he now supports rent control. But he said that he was always on the side of homeowners and small landlords, and that property ownership was central to Chinese culture. “I was responding to the Chinese community and the West Side,” he said.

He wasn’t much of an environmentalist, either — at least not in today’s terms. He was one of the only city officials to support a “Critical Car” rally in 1999, aimed at promoting the rights of vehicle drivers (and by implication, criticizing Critical Mass and the bicycle movement).

His record on LGBT issues was mixed. While he supported a counseling program for queer youth when he was on the school board, he also supported JROTC, angering queer leaders who didn’t want a program in the public schools run by, and used as a recruiting tool for, the military, which at that point open discriminated against gay and lesbian people.

 

 

Yee was also one of only two supervisors who voted in 2001 against extending city health benefits to transgender employees.

That was a dramatic moment in local politics. Nine votes were needed to pass the measure, and while eight of the supervisors were in favor, Yee and Hall balked. At one point, Board President Tom Ammiano had to direct the Sheriff’s Office to go roust Sup. Gerardo Sandoval, who was ducking the issue in his office, to provide the crucial ninth vote.

Yee didn’t just vote against the bill. According to one reliable source who was there at the time, Yee spoke to a community meeting out on Ulloa Street in the Sunset and berated his colleagues, quipping that the city should have better things to do than “spend taxpayer money on sex-change operations.”

It was a bit shocking to trans people — Yee had, over the years, befriended some of the most marginalized members of what was already a marginalized community. “There was one person at the rail crying, saying ‘Leland, how could you do this to us,'” Ammiano recalled.

The LGBT community was furious with Yee. “I didn’t speak to him for at least a year,” Gabriel Haaland, one of the city’s most prominent transgender activists, told me.

Yee now says the vote was a mistake — but at the time, he told me, he was under immense pressure. When he voted for the queer youth program, he said, “the elders of the Chinese community ripped me apart. They called my mother’s friends back in the village [where he was born] and said her son was embarrassing the Chinese community.”

That must have been difficult — and he said that “if I had known the pain I had caused, I wouldn’t have voted that way.” But it was hard to miss that pain his vote caused.

On the other hand, people learn from their experiences, attitudes evolve, we all grow up and get smarter, and the way Yee describes it, that’s what happened to him.

In 2006, when he was running for state Senate, Yee met with a group of trans leaders and formally — many now say sincerely — apologized. It was an important gesture that made a lot of his critics feel better about him.

“He didn’t have to do that,” Haaland said. “People change, and he paid for his crime, and that’s genuine enough for me.”

As a former school board member, Yee kept an interest in the schools — but not always a healthy one. At one point, he actually proposed splitting SFUSD into two districts, one on the (poorer) east side of town and one on the (richer) west. “We strongly opposed that,” recalled Margaret Brodkin, who at the time ran Coleman Advocates for Children and Youth. “Eventually he dropped the idea.”

For all the problems, in his time on the Board of Supervisors, Yee developed a reputation for independence from the Brown Machine, which utterly dominated much of city politics in the late 1990s. His weak 43 percent rating on the Guardian scorecard was actually third-best among the supervisors, after Ammiano and the late Sue Bierman.

In 1998, he was one of the leaders in a battle to prevent the owners of Sutro Tower from defying the city’s zoning administrator and placing hundreds of new antennas on Sutro Tower. He, Bierman, and Ammiano were the only supervisors opposing Brown’s crackdown on homeless people in Union Square.

When he ran in the first district elections, in 2000, against two opponents who had Brown’s support and big downtown money, the Guardian endorsed him, noting that while he “can’t be counted on to support worthy legislation … He’s one of only two board members who regularly buck the mayor on the big issues.”

(He never liked district elections, and used to take any opportunity to denounce the system, at times forcing Ammiano to use his position as president to tell Yee to quit dissing the electoral process and get to the point of his speech.)

 

In 2002, the westside state Assembly district seat opened up, and both Yee and his former school board colleague Dan Kelly ran in the Democratic primary. Yee won, and went on to win the general election with only token opposition.

His legislative record in the Assembly wasn’t terribly distinguished. Yee never chaired a policy committee — although he did win a leadership post as speaker pro tem. And he cast some surprisingly bad votes.

In 2003, for example, then-Assemblymember Mark Leno introduced a bill that would have exempted single-room occupancy hotels from the Ellis Act, which allows landlords to evict tenants for no reason. Yee refused to vote for the bill. Leno was furious — he was one vote short of a majority and Yee’s position would have doomed the bill. At the last minute, a conservative Republican who had grown up in an SRO hotel voted in favor.

When he ran for re-election in 2004, we noted: “What’s Leland Yee doing up in Sacramento? We can’t figure it out — and neither, as far as we can tell, can his colleagues or constituents. He’s introduced almost no significant bills — compared, for example, to Assemblymember Mark Leno’s record, Yee’s is an embarrassment. The only high-profile thing he’s done in the past several years is introduce a bill to urge state and local governments to allow feng shui principles in building codes.”

In 2006, Yee decided to move up to the state Senate, and he won handily, beating a weak opponent (San Mateo County Supervisor and former San Francisco cop Mike Nevin) by almost 2-1. His productivity increased significantly in the upper chamber — and in some ways, he moved to the left. He’s begun to support taxes — particularly, an oil severance tax — and when I’ve questioned him, he somewhat grudgingly admits that Prop. 13 deserves review.

He’s done some awful stuff, like trying to sell off the Cow Palace land to private developers. But he has consistently been one of the best voices in the Legislature on open government, and that’s brought him some national attention.

Yee has been a harsh critic of spending practices and secrecy at the University of California, and when UC Stanislaus refused in 2010 to release the documents that would show how much the school was paying Sarah Palin to speak at a fundraiser, Leland flew into action. He not only blasted the university and introduced legislation to force university foundations to abide by sunshine laws; he worked with two Stanislaus students who had found the contract in a dumpster and made headlines all over the country.

He’s fought for student free speech rights and this year pushed a bill mandating that corporations that get tax breaks for job creation prove that they’ve actually created jobs — or pay the tax money back. He’s also won immense plaudits from youth advocates and criminal justice reformers for his bill that would end life-without-parole sentences for offenders under 18.

Along the way, he compiled a 100 percent voting record from the major labor unions, including the California Nurses Association and SEIU, and with the Sierra Club. All three organizations have endorsed him for mayor.

Yee told me that he thinks he’s become more progressive over the years. “My philosophy has shifted,” he said.

Yet when you talk to his colleagues in Sacramento, including Democrats, they aren’t always happy with him. Yee has a tendency to be a bit of a loner — he’s never chaired a policy committee and in some of the most bitter budget fights, he’s refused to go along with the Democratic majority. Yee insists that he’s taken principled stands, declining to vote for budget bills that include deep service cuts. But the reality in Sacramento is that budget bills have until this year required a two-thirds vote, meaning two or three Republicans have had to accept the deal — and losing a Democratic vote has its cost.

“You have to give up all sorts of things, make terrible compromises, to get even two Republicans,” one legislative insider told me. “When a Democrat goes south, you have to find another Republican, and give up even more.”

In other words: It’s easy to take a principled stand, and make a lot of liberal constituencies happy, when you aren’t really trying to make the state budget work.

 

I met Rose Pak on a July afternoon at the Chinatown Hilton. She brought along her own loose tea, in a paper package; the waitress, who clearly knew the drill, took it back to the kitchen to brew. Pak and I have not been on the greatest of terms; she’s called the Guardian all kinds of names, and I’ve had my share of critical things to say about her. But on this day, she was polite and even at times charming.

After we got the niceties out of the way (she told me I was unfair to her, and I told her I didn’t like the way she and Willie Brown played politics), we started talking about Yee. And Pak (unlike some people I interviewed for this story) was happy to speak on the record.

She told me Yee had “no moral character.” She told me she couldn’t trust him. She told me a lot of stories and made a lot of allegations that we both knew neither she nor I could ever prove.

Then we got to talking about the politics of Chinatown and Asians in San Francisco, and a lot of the animosity toward Yee became more clear.

For decades, Chinatown and the institutions and people who live and work there have been the political center of the Chinese community. Nonprofits like the Chinatown Community Development Center have trained several generations of community organizers and leaders. The Chinese Chamber of Commerce, the Six Companies, and other business groups have represented the interests of Chinese merchants. And while the various players don’t always get along, there’s a sense of shared political culture.

“In Chinatown,” Gordon Chin, CCDC’s director, likes to say, “it’s all about personal connections.”

There’s a lively infrastructure of community-service programs, some of which get city money. There’s also a sense that any mayor or supervisor who wants to work with the Chinese community needs to at least touch base with the Chinatown establishment.

Yee doesn’t do that. “He doesn’t give a shit about them,” David Looman, a political consultant who has worked with many Chinese candidates over the years, told me.

Yee’s Asian political base is outside of Chinatown; he told me he sees himself representing more of the Chinese population of the Sunset and Richmond and the growing Asian community in Visitacion Valley and Bayview.

Pak is connected closely to Brown, who Yee often clashed with. For Pak, Brown, and their allies, strong connections to City Hall mean lucrative lobbying deals and public attention to the needs of Chinatown businesses. Then there’s the nonprofit sector.

CCDC and other nonprofits do important, sometimes crucial work, building and maintaining affordable housing, taking care of seniors, fighting for workers rights, and protecting the community safety net. Yee, Pak said, “has never shown any interest in our local nonprofits. We all work together here, and he doesn’t seem to care what we do.” Yee told me he has no desire to see funding cut for any critical social services in any part of town. But he has also made no secret of the fact that he questions the current model of delivering city services through a large network of nonprofits, some of which get millions of taxpayer dollars. And the way Pak sees it, all of that — the nonprofits, the business benefits, the contracts — are all at risk. “If Leland Yee is elected mayor,” she told me, “we are all dead.”

I ran into an old San Francisco political figure the other day, a man who has been around since the 1970s, inside and outside of City Hall, who remains an astute observer of the players and the power relationships in the local scene. At the time we talked, he wasn’t supporting any of the mayoral candidates, but he had a thought for me. “This town,” he said, “is being taken over by a syndicate. Willie Brown is the CEO, and Rose Pak is the COO, and it’s all about money and influence.”

That’s not a pleasant thought — I’ve lived through the era of political machine dominance in this town, and it was awful. In the days when Brown ran San Francisco, politics was a tightly controlled operation; only a small number of people managed to get elected to office without the support of the machine. Developers made land-use policy; gentrification and displacement were rampant; corruption at City Hall turned a lot of San Franciscans off, not only to the political process but to the whole notion that government could be a positive force in society.

A few years ago, I thought those days were over — and to a certain extent, district elections will always make machine politics more difficult. But when I see signs of the syndicate popping up — and I see a candidate like Ed Lee, who’s close friends with Brown, leading the Mayor’s Race — it makes me nervous. And for all his obvious flaws, at least Leland Yee isn’t part of that particular operation. If there’s a better reason to vote for him, I don’t know what it is.

YEE HOME PURCHASE RAISES SUSPICIONS

Rose Pak has a question about Leland Yee. “How,” she asked me, “did the guy manage to buy a million-dollar house on a $30,000 City Hall salary?”

Pak isn’t the only one asking — numerous media reports over the years have examined how Yee raised a family of four and bought a house in the Sunset on very little visible income. And while I’m not usually that interested in the personal finances of political candidates, I decided that it was worth a look.

Here’s what I found: Public records show that in July 1999, Yee and his wife, Maxine, purchased a house on 24th Avenue for $875,000 (it’s now assessed at slightly more than $1 million). At the time, Yee was a San Francisco supervisor, earning a little more than $30,000 a year. (The salary of the supervisors was raised dramatically shortly after Yee left the board and went to the state Assembly.) His wife wasn’t working. And his economic interest statements for that period show no other outside earnings. So the disposable, after-tax income of the entire Yee family couldn’t have been much more than $25,000.

That, by any normal standard, shouldn’t have been enough to float a mortgage that, records show, totaled $516,000. In fact, the interest payments alone on that mortgage alone would total $3,600 a month — more than Yee’s gross income.

Documents in the Assessor’s Office show another paper trail, too. In 1989, Jung H. Lee, Yee’s mother, transferred the deed on a four-unit Dolores St. building where the family had been living to Maxine and Leland Yee — for no money. And a few months before the Yees bought the Sunset house, they took out a $320,000 home-equity loan on that property. That was the down payment on the Sunset property.

Still: At that point, the Yees would have been paying off two mortgages, with a total nut of about $5,000 a month — and supporting four kids, in San Francisco. In 2002, Yee’s economic interest statement’s show some modest income from teaching at Lincoln University — but nowhere near enough to pay that level of expenses.

What happened? Yee explains it this way: “For more than 10 years, we were living rent-free in my parents’ property,” he told me I an interview. “We were a close Chinese family, and my parents provided the food and helped pay for the children’s clothing. So we had almost no expenses and we lived very frugally.”

During that period, Yee was working for the San Francisco Department of Public Health, the Oakland Unified School District, and a San Jose nonprofit, earning, he said, between $50,000 and $90,000 a year. If he saved almost all of that money, he would have had more than a half-million dollars in the bank when he bought the Sunset house.

There’s nothing on any of his economic disclosure forms showing any ownership of stocks or other reportable financial interests during that period, so he wasn’t investing the money. In fact, he says, it was, and is, all in simple savings accounts. A bit unusual for that large a sum of money.

How did he get a mortgage? “Back then,” he said, “banks were willing to lend a lot more freely than they do today.”

Starting in 2003, Yee was in the state Assembly, making a higher salary — but still not much in excess of $100,000 a year. After taxes, he was probably taking home about $75,000 — and $60,000 was going to the two mortgages.

How did he do it? “We have been supplementing our income with our savings,” he said. “We don’t take vacations, we are very careful with our money.” And they clearly aren’t desperate for cash — Yee’s daughter occupies two of the four units in the Dolores St. building they own, but the other two units are vacant.

It’s possible. It’s plausible. But I don’t blame people for wondering how he managed to pull it off. (Tim Redmond, with research assistance by Oona Robertson) 

 

 

 

BIG CORPORATIONS HAVE BACKED YEE

Yee became a prodigious fundraiser in Sacramento — and a lot of the money came from big corporations that had business in the Legislature. And while he has perfect scores from the Sierra Club and the big labor unions, he’s taken tens of thousands of dollars from some of the biggest corporations, agribusiness interests, and polluters in the state. And at times, he’s voted their way.

Since 1993, for example, campaign finance records show Yee has taken more than $20,000 from Chevron, ExxonMobil, Valero, Conoco Phillips, and BP. He’s received another $22,450 from the chemical industry (and industry employees). Most of it came from Clorox, Dow Chemical, and Dupont.

And while the Sierra Club may not have considered it a priority, Sen. Mark Leno has worked hard to pass a bill limiting chemical fire retardants in furniture. In 2008, Yee voted against Leno’s AB 706.

That year he also refused to support a bill that would prohibit the use of the chemical diacetyl in workplaces. The industries that opposed AB 514 (including Bayer, Abbott Laboratories, Pfizer, and Johnson & Johnson) have given Yee a total of more than $60,000.

In 2003, Yee voted against a crucial tenant bill, one that would have prevented the owners of single room occupancy hotels from using the Ellis Act to evict tenants. He received a campaign check for $2,500 from the San Francisco Apartment Association the next day. Landlords in general have given Yee close to $40,000.

Then there’s agribusiness. Yee gets a lot of money from the farming industry, despite the fact that there obviously aren’t many farms in his district. Why, for example, would the California Poultry Association, the California Cattlemen’s Association, and the California Farm Bureau give him money? The Poultry Association’s Bill Mattos told us that Yee “has taken a keen interest in California’s poultry industry.”

Yee also took immense flak from the San Francisco Chronicle and other papers over a 2003 vote against a bill to limit emissions from farm vehicles. In an editorial, the paper wrote that he was “doing dirty work for the lobbyists.” In the end, under immense public pressure, he switched positions and voted for the bill. I asked Yee about all that money from all those bad operators, and he told me — as most politicians will — that campaign cash has never influenced any of his votes.

So why do all these groups give him money? “It’s about whether you will sit down and listen,” Yee said. “I will talk to all sides and at least consider the arguments as a thoughtful human being. Then I vote my conscience.” (Tim Redmond, with research by Oona Robertson) 

Time served

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arts@sfbg.com

FILM In 1983, Deborah Peagler was sentenced to 25 years to life for first-degree murder in the death of her former boyfriend Oliver Wilson, whom two local L.A. gang members had strangled — supposedly at her behest, to access Wilson’s life insurance money.

Encouraged to plead guilty to avoid the death penalty, Peagler had a juryless trial and was quickly shunted off to prison. There she was repeatedly turned down for parole despite spending the years of her incarceration as a church leader, mentor, and tutor to other inmates; a highly skilled electronics-assembly supervisor; earning two degrees; and sustaining good long-distance relationships with her two daughters. Even most of the victim’s surviving relatives had come to believe she should have been released years earlier. For her part, Peagler always claimed she intended Wilson to be beaten, but had not asked for or condoned his murder.

What was missing (or suppressed) from the original trial were the myriad reasons she’d wanted to frighten him away from herself and her family. She was a pregnant 15-year-old high schooler when she first met Wilson, a charismatic sometimes model who charmed her by taking a fatherly interest in her firstborn. But when money got tight, he abruptly insisted she turn tricks. Initial refusal brought beatings that only increased over time despite her reluctant subsequent acquiescence, stopping just briefly when she bore his own child.

Soon Wilson was dealing drugs, then taking drugs; he kept Peagler a virtual prisoner, refusing to let her speak to friends or relatives. When an eviction forced their temporary separation, he stormed into her family’s home with two armed men, threatening to kill them all. For this he was jailed exactly one night, making new death threats in retaliation for the police being called at all. At this point in 1982 she contacted the Crips members (who viewed that home invasion by an outsider in their territory as a serious offense) to frighten Wilson away before he actually killed anyone.

At the time of her trial, testimony on “battering and its effects” were not allowed as circumstantial evidence in California courts, despite — as we now know — the overwhelming majority of U.S. women being victims of domestic violence, rape, or other abuses. (In 1979 President Carter gave a huge boost to the nascent overall cause by establishing the Federal Office of Domestic Violence. Two years later, Reagan shuttered it.) In 1992 that changed, allowing new cases to benefit — although cases already tried could not be re-opened with evidence previously excluded.

A decade later that, too, changed. Walnut Creek attorneys Nadia Costa and Joshua Safran agreed to take on Peagler’s case pro bono, stepping well outside their usual land-use litigation. They launched what turned into years of effort during which her cause becomes a public cause célèbre, and indications emerge of some very ugly misconduct by the District Attorney’s office.

This battle — all the above is just a starting point — is chronicled in Bay Area filmmaker Yoav Potash’s documentary Crime After Crime. It’s a story with plenty of lurid and tragic revelations, ranging from child sexual abuse to terminal illness to hidden evidence of perjury. After a certain point it becomes clear the D.A.’s office isn’t opposing Peagler’s release because she’s guilty as charged (though nearly everyone by then agrees she should have been tried for manslaughter with a maximum sentence of six years), but because it has dirty secrets of its own to protect and deny.

Crime After Crime won’t exactly stoke your faith in the justice system. But this thoroughly engrossing document does affirm that there is hope good people can and will fight the system — even if, alas, it sometimes takes nearly three to score one bittersweet win.

Crime After Crime opens Fri/5 in Bay Area theaters.

Alerts

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alert@sfbg.com

WEDNESDAY, JUNE 27

 

Discussion of contemporary Afghan women

To mark the publication of the book Land of the Unconquerable: The Lives of Contemporary Afghan Women, coeditor and sociologist Ashraf Zahedi and contributor Amina Kator discuss this portrait of a misunderstood people. The book features essays from scholars, humanitarian workers, politicians, and journalists who abandon stereotypes or clichés, focusing on the women’s struggle for peace and justice instead.

5:30–7:30 p.m., $5 members/$10 nonmembers

Russ Building

235 Montgomery, SF

www.imow.org

THURSDAY, JUNE 28

 

Unsung heroes of U.S. history

This event spotlights the lesser-known Philippine heroes of U.S. history and features stories told by descendants of the Buffalo Soldiers who helped the U.S. win World War II; a discussion of the Filipino farm workers in Delano who fought fair wages and ethical working conditions; and a tribute to Al Robles —SF’s Manilatown community leader who was instrumental in the fight against the eviction and demolition of the famed I-Hotel — a refuge for Filipino laborers.

5–9 p.m., free

Manilatown Center

868 Kearny

www.laborfest.net

Operation Recovery: Right to Heal tour

Support the Iraqi Veterans Against the War, a nonprofit that fights for adequate medical and mental health care as well as G.I. rights for returning soldiers. The organization is on tour to share their stories while on the road fighting to win veterans “the right to heal.” The events also features musical performances by Ryan Harvey and Nomi.

7–10 p.m., sliding scale donation

766 Fell, SF

www.ivaw.org

SATURDAY, JUNE 30

 

Walk through labor history

Revisit the sites involved in the 1946 strike that was started spontaneously by the mostly women retail clerks at Kahn’s and Hastings department stores in Oakland. More than 100,000 workers strong, the so-called “Work Holiday” strike shut down all city commerce for 54 hours. Also, along the way you can learn about the five other general strikes across the U.S. that same yea — the year that set the record for the most strikes in our country’s history.

10:30 a.m.–12:30 p.m., free

Latham Square fountain

Broadway and Telegraph, Oakl.

www.laborfest.net 2

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Deep court cuts favor landlords over tenants

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When I read about the latest manifestation of California’s voluntary descent toward Third World status – in this case, the defunding of San Francisco’s civil court system thanks to the deep state budget cuts caused by Republicans – in this morning’s SF Chronicle, I tried to fight through my despair and search for a silver lining.

“With a few exceptions, only criminal cases will go to trial,” the article said, listing those exceptions as mostly family law cases, such as child abuse and neglect and domestic violence.

Hmmm, I thought, is there a way for the average San Franciscan to somehow benefit from this virtual shutdown of our justice system? Then, we at the Guardian had an idea: in a city where two-thirds of residents are renters, perhaps a civil court system that will now take years to get a hearing would be a boon to those contesting eviction proceedings.

Yay, we thought, free rent! And given that it’s mostly the property-owning class that has caused this decimation of basic government services, people who have benefited mightily by having Prop. 13 keep their property taxes artificially low but still block other efforts to increase tax revenues, there seemed to be a certain poetic justice in the possibility that the courts would stop helping them evict their tenants.

So I called San Francisco Tenants Union Director Ted Gullicksen to run our idea past him and find out if we were onto something, but he doused the idea with a bucket of ice-cold reality. It turns out that evictions will continue to move rapidly through the otherwise gutted civil court system (as I would have learned from the Bay Citizen article on the issue).

“Unfortunately, tenants and criminals are being fast tracked,” he told us. And it gets even worse than that because while landlords will still be able to demand action on their evictions within five days, tenants will find years-long delays when they seek justice from landlords acting illegally or unfairly. “While they will move quickly on evictions, they will move slowly on wrongful eviction lawsuits,” Gullicksen said.

Ann Donlan, spokesperson for the San Francisco Superior Court, told us that eviction proceedings will still move quickly because “it’s a statutory requirement.” But, I asked her, as a matter of fairness and equity, why the courts will still delay wrongful eviction suits for years, even though they often deal with the same set of facts as the eviction cases? Doesn’t that bias the courts toward landlords? She told me to please submit my question in writing and she’ll try to get me an answer.

But there really aren’t any good answers to the gross inequities that these deep cuts will cause in the court system, with a 40 percent overall cut being disproportionately focused on the civil side of the equation.

“This is pretty heavy duty,” attorney Stephen Sommers, who handles wrongful termination, civil rights, and other cases on behalf of the little guy. He said many businesses in San Francisco already wantonly disregard their employees’ rights. “They feel like they can get away with murder and now they’ll be highly incentivized to continue that.”

Attorneys facing five-year waits for a trial will be less likely to handle cases on contingent for poor plaintiffs, he said, and people in positions of power of all kind will be more likely to abuse their authority in myriad ways, knowing that their victims will have far less recourse in the courts.

“It’s going to be the wild west out there,” he said. “I wonder, if people can’t turn to the courts, whether they’ll take matters into their own hands and the crime rate will go up.”

But if there is any silver lining for the powerless at all, Gullicksen said the powerful will also find less recourse in an overwhelmed court system. So he suggested, “It might be a good time for a citywide rent strike because they don’t have many resources in the court system anymore.”

Parks Inc.

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steve@sfbg.com

Should the city be trying to make money off of its parks, recreation centers, and other facilities operated by the Recreation and Park Department? That’s the question at the center of several big controversies in recent years, as well as a fall ballot measure and an effort to elevate revenue generation into an official long-term strategy for the department.

So far, the revenue-generating initiatives by RPD General Manager Phil Ginsburg and former Mayor Gavin Newsom have been done on an ad hoc basis — such as permitting vendors in Dolores Park, charging visitors to Strybing Arboretum, and leasing out recreation centers — but an update of the Recreation and Open Space Element (ROSE) of the General Plan seeks to make it official city policy.

The last of six objectives in the plan, which will be heard by the Planning Commission Aug. 4, is “secure long-term resources and management for open space acquisition, operations, and maintenance,” a goal that includes three policies: develop long-term funding mechanisms (mostly through new fees and taxes); partner with other public agencies and nonprofits to manage resources; and, most controversially, “pursue public-private partnerships to generate new operating revenues for open spaces.”

The plan likens that last policy to the city’s deal with Clear Channel to maintain Muni bus stops with funding from advertising revenue, saying that “similar strategies could apply to parks.” It cites the Portland Parks Foundation as a model for letting Nike and Columbia Sportswear maintain facilities and mark them with their corporate logos, and said businesses such as bike rental shops, cafes, and coffee kiosks can “serve to activate an open space,” a phrase it uses repeatedly.

“The city should seek out new opportunities, including corporate sponsorships where appropriate, and where such sponsorship is in keeping with the mission of the open space itself,” the document says.

Yet that approach is anathema to how many San Franciscans see their parks and open spaces — as vital public assets that should be maintained with general tax revenue rather than being dependent on volunteers and wealthy donors, subject to entry fees, or leased to private organizations.

That basic philosophical divide over how the city’s parks and recreational facilities are managed has animated a series of conflicts in recent years that have soured many people on the RPD. They include the mass firing of rec directors and leasing out of rec centers, the scandal-tinged process of selecting a new Stow Lake Boathouse vendor, new vending contracts for Dolores Park, the eviction of the Haight Ashbury Neighborhood Center recycling facility, plans to develop western Golden Gate Park and other spots, the conversion by the private City Fields Foundation of many soccer fields to artificial turf, and the imposition of entry fees at the arboretum.

Activists involved in those seemingly unrelated battles united into a group called Take Back Our Parks, recognizing that “it’s all the same problem: the monetization of the park system,” says member John Rizzo, a Sierra Club activist and elected City College trustee. “It’s this Republican idea that the parks should pay for themselves.”

And now, with the help of the four most progressive members of the Board of Supervisors, the group is putting the issue before voters and trying to stop what it calls the auctioning off of the city’s most valuable public assets to the highest bidders.

The Parks for the Public initiative — which was written by the group and placed on the ballot by Sups. John Avalos, David Campos, Eric Mar, and Ross Mirkarimi — is intended to “ensure equal public access to parks and recreation facilities and prevent privatization of our public parks and facilities,” as the measure states. It would prevent the department from entering into any new leases or creating new entry fees for parks and other facilities.

Even its promoters call it a small first step that doesn’t get into controversies such as permitting more vending in the parks, including placing a taco truck in Dolores Park and the aborted attempt to allow a Blue Bottle Coffee concession there. But it does address the central strategy Newsom and his former chief of staff, Ginsburg, have been using to address the dwindling RPD budget, which was slashed by 7 percent last year.

“What a lot of us think the Recreation and Parks Department is actually doing is relinquishing the maintenance of park facilities to private entities,” says Denis Mosgofian, who founded the group following his battles with RPD over the closures and leases rec centers. “They’re actually dismantling much of what the public has created.”

He notes that San Francisco voters have approved $371 million in bonds over the last 20 years to improve parks and recreation centers, only to have their operations defunded and control of many of them simply turned over to private organizations that often limit the public’s ability to use them.

By Mosgofian’s calculation, at least 14 of the city’s 47 clubhouses and recreation centers have been leased out and another 11 have been made available for leases, often for $90 per hour, which is more than most community groups can afford. And he says 166 recreation directors and support staffers have been laid off in the last two years, offset by the hiring of at least nine property management positions to handle the leases.

Often, he said, the leases don’t even make fiscal sense, with some facilities being leased for less money than the city is spending to service the debt used to refurbish them. Other lease arrangements raised economic justice concerns, such as when RPD evicted a 38-year-old City College preschool program from the Laurel Hill Clubhouse to lease it to Language in Action, a company that does language immersion programs for preschoolers.

“Without telling anyone, they arranged to have a private, high-end preschool go in,” Rizzo said, noting that its annual tuition of around $12,000 is too expensive for most city residents and that the program even fenced off part of the playground for its private use, all for a monthly lease of less than $1,500. “They don’t talk to the neighbors who are affected or the users of the park … We’re paying for it and then we don’t have access to it.”

They also refused to answer our questions. Neither Ginsburg nor Recreation and Park Commission President Mark Buell responded to Guardian messages. Department spokesperson Connie Chan responded by e-mail and asked us to submit a list of questions, which department officials still hadn’t answered at Guardian press time. But it does appear that the approach has at least the tacit backing of Mayor Ed Lee.

“In order to increase its financial sustainability in the face of ongoing General Fund reductions, the Recreation and Parks Department continues to focus on maximizing its earned revenue. Its efforts include capitalizing on the value of the department’s property and concessions by entering into new leases and developing new park amenities, pursuing philanthropy, and searching for sponsorships and development opportunities,” reads Mayor Lee’s proposed budget for RPD, which includes a chart entitled “Department Generated Revenue” that shows it steadily increasing from about $35 million in 2005-06 to about $45 million in 2011-12.

And that policy approach would get a big boost if it gets written into the city’s General Plan, which could happen later this year.

Land use attorney Sue Hestor has been fighting projects that have disproportionately favored the wealthy for decades, often using the city’s General Plan, a state-mandated document that lays out official city goals and policies. She also is concerned that the ROSE is quietly being developed to “run interference for Rec-Park to do anything they want to.”

“By getting policies into the General Plan that are a rationalization of privatization, it backs up what Rec-Park is doing,” Hestor said, noting how much influence Ginsburg and his allies have clearly exerted over the Planning Department document. “It’s effectively a Rec-Park plan.”

Sue Exeline, the lead planner on ROSE, said the process was launched in November 2007 by an Open Space Task Force created by Newsom, and that the Planning Department, Neighborhood Parks Council, and speakers at community meetings have all influenced its development. Yet she conceded that RPD was “a big part of the process.”

When we asked about the revenue-generating policies, where they came from, and why they were presented in such laudatory fashion without noting the controversy that underlies them, Exeline said simply: “It will continue to be vetted.” And when we continued to push for answers, she tried to say the conversation was off-the-record, referred us to RPD or Planning Director John Rahaim, and hung up the phone.

The rationale for bringing in private sources of revenue: it’s the only way to maintain RPD resources during these tight budget times. A July 5 San Francisco Examiner editorial that praised these “revenue-generating business partnerships” and lambasted the ballot measure and its proponents was titled “Purists want Rec and Park to pull cash off trees.”

But critics say the department could be putting more energy into a tax measure, impact fees, or other general revenue sources rather than simply turning toward privatization options.

“We need to see revenue, but we also need to stop the knee-jerk acceptance of every corporate hand that offers anything,” Mosgofian said. “Our political leadership believes you need to genuflect before wealth.”

And they say that their supporters cover the entire ideological spectrum.

“We’re getting wide support, everywhere from conservative neighborhoods to progressive neighborhoods. It’s not a left-right issue, it’s about fairness and equity,” Rizzo said.

In sponsoring the Parks for the People initiative and unsuccessfully trying to end the arboretum fees (it failed on a 5-6 vote at the Board of Supervisors, with President David Chiu the swing vote), John Avalos is the one major mayoral candidate that is raising concerns about the RPD schemes.

“Our parks are our public commons. They are public assets that should be paid for with tax dollars,” Avalos told us. He called the idea of allowing advertising and corporate sponsorships into the parks, “a real breach from what the public expects from parks and open space.”

When asked whether, if he’s elected mayor, he would continue the policies and let Ginsburg continue to run RPD, Avalos said, “Probably not. I think we need to make a lot of changes in the department. They should be given better support in the General Fund so we don’t have to make these kinds of choices.”

ROSE will be the subject of informational hearings before the Planning Commission on Aug. 4 and Sept. 15, with an adoption hearing scheduled for Oct. 13. Each hearing begins at noon in Room 400, City Hall, 1 Dr. Carlton B. Goodlett Dr., San Francisco.

 

HANC gets a new eviction notice

The City and County of San Francisco voluntarily dismissed an eviction notice it had issued to the Haight Ashbury Neighborhood Council Recycling Center, but then the Recreation & Parks Department promptly sent a new one with a deadline of June 30.

The HANC recycling center and native plant nursery has continued operating in Golden Gate Park’s Kezar Triangle despite an effort initiated last year under former Mayor Gavin Newsom to evict the facility. The recycling center, which also offers compost for urban gardeners and a place to drop off used veggie oil, has been in Golden Gate Park for decades and has formed partnerships with community gardening projects throughout the city.

Rec & Park started making plans to replace it with a community garden last year amid concerns about “quality of life” issues. Some neighbors were bothered by recyclers filling up shopping carts with containers plucked from their sidewalk recycling bins, to trade in for small amounts of cash. Members of HANC, meanwhile, saw the eviction as political payback from Newsom, who encountered stiff opposition from the progressive neighborhood group when he led the charge to place San Francisco’s sit / lie ordinance on the ballot. 

The request for dismissal, filed May 26 in San Francisco Superior Court and signed by Attorney David Ammons in the office of City Attorney Dennis Herrera, doesn’t provide a clear reason for the move. But Robert De Vries, HANC’s attorney, said the tactic was likely meant to avert legal entanglement by dissolving the first, and more legally problematic, attempt at eviction and replacing it with a new one that may be harder to challenge in court. In a letter to Rec & Park commissioners dated Dec. 2, 2010, De Vries wrote that the first eviction notice was illegal under the structure of the lease that HANC had signed with the city, and asserted that HANC could legally possess the property until June 30, 2011.

Because the dismissal of the first eviction was done “without prejudice,” there was nothing preventing Rec & Park from issuing a new eviction notice, which it did the same day. Rec & Park did not respond to an email seeking comment.

“Your attorney has argued in court that the notice was not effective to terminate the lease,” notes a May 26 letter from Rec & Park General Manager Phil Ginsburg. “While we continue to believe that we gave you more than adequate notice of the Lease termination and to disagree with the assertion that the Lease has continued on a year-to-year basis, to avoid that dispute, we are superseding the earlier notice with this one.”

HANC’s Jim Rhoads told the Guardian that he wasn’t very surprised by Rec & Park’s latest move. “We knew this would happen,” he said. “We’re going to meet with our lawyers, and decide on the legal front what we do next.”

De Vries said he could not discuss all the possible legal angles that HANC could use to try and fight the eviction, but he hinted that the eviction could be considered retaliatory. “This … termination was initiated under Newsom as payback for my client [for opposing] sit / lie,” he said.

Sacramento deadline: Some key bills

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A bunch of key bills come up in the state Legislature this week — and some of them are going to be very close. Assemblymember Tom Ammiano is pushing hard to get AB 1017, which would eliminate mandatory felony charges for pot cultivation, throught the Assembly floor (in fact, when I called his press secretary, Quintin Mecke, today (June 1) at about 11 a.m., Ammiano was on the floor making his 1017 pitch.) Ammiano also has a key tenant bill, AB 265, which would allow tenants who are a few days late with the rent to avoid eviction.


Dean Preston, executive director of Tenants Together, has a great rundown on the major tenant bills here. Sen. Mark Leno’s bill, SB 184, which is critical to protecting the rights of cities to demand affordable housing as part of a development deal, is going to be very close. So is Assemblymember Mike Feuer’s AB 934 — a nobrainer that simply clarifies tenant protections that have been threatened by recent court cases. (Preston told me that San Francisco Assemblymember Fiona Ma is not among the bill’s supporters at this point; you can call her office at  557-2312 and let her know you want her to vote for it.)


Sen. Leland Yee has gotten two bills through, one that would allow pharmacies to sell sterile syringes without a prescription and one that mandates more sunshine in the courts. His bill forcing the University of California to open up its foundation records will almost certainly clear the Senate now that UC had dropped its opposition. Tougher going, I expect, for SB 9, which would end life without parole sentences for juveniles.


Leno’s bill legalizing infusion drinks at bars cleared the Senate. He’s also pushing a Community Choice Aggregation bill, SB 790, and  the long-awaited, much-fought-over cell phone, SB 932, which would require modest disclosure of cell-phone radiation.


The difference between this session and the last one is that a lot of these bills might actually get the governor’s signature.

Vote your vote away

The article has been changed from the print version to correct an error.

In a surprising move that is causing a strong backlash from progressives and other groups that have won important reforms at the ballot box, Sup. Scott Wiener is pushing a charter amendment that would allow the Board of Supervisors to change or repeal voter-approved ballot measures years after they become law.

If voters approve Wiener’s charter amendment, among the most vulnerable reforms may be tenant protections such as limitations on rent increases, relocation assistance for no-fault tenant removal, and owner move-in eviction limits, to name a few.

The Rules Committee heard concerned testimony about the proposal May 19 and opted to hold off on voting to send it to the full board for approval until the next meeting on June 2 to allow for more public comment.

If approved, the amendment will be on the November ballot, although the public may be confused about why such an amendment would be on the ballot in the first place. The measure covers ordinances and resolutions that were placed on the ballot by supervisors, and Wiener has said he plans to amend the measure to exempt those placed on the ballot by voter petition. Changes to taxes or bonds are not a part of the amendment because those are required by state law to go to the ballot box.

Paradoxically, Wiener’s reasoning for the proposal is that he believes voters are bogged down with too many ballot measures with complex issues that need changes, measures he claims the board could deal with more efficiently. But critics say it makes progressive reforms vulnerable to attack by a board that is heavily influenced by big-money interests.

At the committee meeting, about a dozen people spoke in opposition to the amendment, saying it seemed broad in scope and would be a more appropriate change at the state level.

Matthias Mormino, a legislative aide to Sup. Jane Kim, who chairs the Rules Committee, said that his boss is still on the fence. “She has concerns and hasn’t made up her mind yet.”

Currently California is one of the last states where a voter-approved initiative cannot be subject to veto, amendment, or repeal, except by the voters.

“It’s not a radical thing,” Wiener told the Guardian about the proposed amendment. “My thinking is that we should do our jobs. We elect public officials to make decisions every week. I wanted to strike a balance where the voters still have a strong say.”

But how strong of a say will the voting public have in cases where voter-approved initiatives are changed by the decisions of a board of politicians with their own influences and bias?

Wiener stated that he had no specific initiatives in mind when he decided to propose the amendment nor was he targeting any kind of legislation, except ones that are “outdated.” Wiener cited an example of updating campaign consultant reporting from quarterly to monthly as a change that needed to happen but could seemingly be a nuisance at the ballot box.

He is proposing a tiered system in which, for the first three years, an initiative is untouchable. In four years, a two-thirds majority vote by the board could make changes to initiatives; after seven years, a simple majority could do so. That means a raft of tenant measures approved in the 1990s could come under immediate attack.

“Does he not like our sick-leave policy?” Sup. John Avalos told us. “It’s so vague and unclear on what he is trying to do. I’m afraid that he is trying to change laws that are popular with the voters. It’s not a democratic way to resolve policy issues.”

Calvin Welch, a longtime progressive and housing activist, has his own theory on Wiener’s proposal. “Voters don’t have a big problem discerning which ones they agree with and which ones they don’t,” he said about voter-approved initiatives.

He did the number-crunching and concluded that of the 983 policy ordinances on the books, 207 (21 percent) were policy initiatives. Of those, 102 (about 10 percent) were approved by the voters.

“Not quite overwhelming the ballot,” Welch said. “The argument that what is promoting this — the inundation of the initiatives — is not borne of the facts.”

Welch believes Wiener is targeting certain landlord and tenant issues that date back to 1978, when San Francisco voters first started adopting rent control measures. “That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said.

Wiener denies this is an attack on tenants, and claims he doesn’t have a specific agenda in mind. “This is long-term reform, not immediate gratification reform. To take the big, big step, we would have to change state law. This is just a modest first step.”

Welch also took issue with the idea of “election proportionality,” calling the measure an undemocratic power grab since many initiatives in San Francisco’s history were approved with more than 200,000 votes.

“Mayors don’t get 200,000 votes — these measures do,” Welch said. “That a body can overrule thousands of voters undermines the election process of San Francisco. Why not limit government actors instead of the people? It’s about what Sup. Wiener wants to change.”

Budget set-asides have long been a target for legislators, explained Chelsea Boilard, a budget analyst with Coleman Advocates for Children and Youth. Historically in San Francisco, moderate politicians have mostly honed in on social service programs, not those with a lot of clout and political backing, like police and fire budgets. Although the Children’s Fund, which was set up by a charter amendment, would be exempt, other social program priorities set by voters could be eroded.

“The reality is that the police and fire departments don’t have to go to City Hall every year to defend their budgets, but health and human services do,” Boilard said.

While many on the left would love for the California Legislature to have the authority to make changes in the property-tax-limiting Proposition 13 — like by removing commercial property from being taxed at artificially low levels — activists see real danger in Wiener’s measure.

“I think this is bad policy. I know folks are frustrated with Prop. 13, for example, and wish it was easier to amend or repeal. But the way he’s going about this is odd to me,” political activist Karen Babbitt told us. “For one thing, it appears to apply to retroactively to existing ordinances and policy declarations.”

Babbitt also cites legal research indicating that Wiener’s proposal might contradict state law and be subject to legal challenge if it passes. Plus, that challenge could come from any direction since it would allow liberal and conservative reforms to be challenged by the board.

One proposition that would fall under Wiener’s amendment is Proposition L, the sit-lie ordinance approved last year that prohibits sitting or lying on public sidewalks between 7 am and 11 p.m. After a divisive campaign against the measure, police began enforcing it in April. In three years and with enough votes by the board, the board could repeal a law that Wiener supports.

“It’s really interesting,” said Bob-Offer Westort, a civil rights organizer with the San Francisco Coalition of Homelessness. “I have a lot of questions. I guess it cuts both ways. We’d like to see the aggressive panhandling law changed. We’d like to see the sit-lie repealed. There are definitely things, with the right composition of the board, we would benefit from. And there are things that we would not want to see changed.”

Either way, the measure could result in some divisive fights at the board. “One person presenting this as a way to get it done is not the answer,” Avalos said. “I worry that he will use the amendment to dismantle certain voter-approved laws.”

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Peter Galvin, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide. Due to the Memorial Day holiday, theater information was incomplete at presstime.

ANOTHER HOLE IN THE HEAD

The eighth Another Hole in the Head Film Festival runs June 2-17 at the Roxie Theater, 3117 16th St., SF. For tickets ($11) and complete schedule, visit www.sfindie.com.

OPENING

*Blank City “No one was doing what they were trained to do” — key to the explosion in Super-8 movie-making in late ’70s and mid-’80s New York City, according to John Lurie, star of 1984’s Stranger Than Paradise. Filling in the blanks of a burnt-out city-turned-artistic playground, musicians like Lurie and Jim Jarmusch made films, and artists such as Jean-Michel Basquiat and Richard Kern plopped themselves in front of the camera or behind it. Those grainy artifacts were populated by performers oozing with character and charisma, à la Steve Buscemi and Debbie Harry, while combos that ran the generational gamut, from Patti Smith to the Contortions to Sonic Youth, provided the soundtracks as well as the vivid onstage visuals. French filmmaker Celine Danhier does the noble work of trying to encapsulate and couple the disparate No Wave and Transgressive cinemas under the umbrella of shared geography — the squatter-friendly, pre-Times Square-cleanup New York — though organizationally and conceptually Blank City has a tough time surmounting flaws like choppy chronology and uneven allotments of screen time. The No Wave years get short shrift — you’re yearning to see more of the actual films. Should these two movements be paired in the first place — and where does the wildly successful 1983 hip-hop document Wild Style fall (and why isn’t the same year’s Style Wars included)? Danhier fails to make convincing connections, though the snippets of interviews with provocateurs like Amos Poe and Lydia Lunch almost make up for it (who knew, say, that late Dreamlander Cookie Mueller was Rainer Werner Fassbinder’s dealer, as John Waters gossips?), and snippets of movies such as the vibrant Downtown 81 (1981) transmit the scene’s energy — loud, clear, and cacophonous. (1:35) (Chun)

*Dumbstruck Don’t get it twisted and splintered, Charlie McCarthy: this almost-earnest doc devoted to one of the world’s geekiest forms of entertainment, ventriloquism, knows its subject comes cloaked in cheese and then some. But despite a slightly clunky, by-the-book structure — writer-director Mark Goffman (The West Wing, Law & Order: SVU) never quite takes the potentially loaded material beyond its certain safe, linear confines — Dumbstruck surprises with its profiles of the very eccentric people who are driven to spiel through dummies. Kim, a former Miss Ohio beauty queen, is trying to rise above kiddie shows and hit the coveted cruise circuit, as her mother wrings her hands at home, worrying that her daughter will never stop playing with dolls and start popping out some real children. Wilma has hit rock bottom, ostracized by her family because of her love of ventriloquism and on the verge of eviction, and Terry has made it to the top after years of struggle, winning America’s Got Talent and ultimately a $100 million contract at a Vegas Casino. Goffman obviously put in the hours with his subjects — you just wish he had dug deeper into the interior life of his ventriloquists: why does Kim, who resembles a human Barbie doll, feel compelled to perform through her grotesque floozy puppet, and why did the waifish tween Dylan choose the smooth-talking black doll as his counterpart? I’ll be waiting for answers in the Waiting for Guffman-style feature that just might come in Dumbstruck‘s wake. (1:24) (Chun)

Empire of Silver Love, not money, is at the core of Empire of Silver — that’s the M.O. of a Shanxi banking family’s libertine third son, or “Third Master” (Aaron Kwok) in this epic tug-of-war between Confucian duty and free will. The Third Master pines for his true love, his stepmother (Hao Lei), yet change is going off all around the star-crossed couple in China at the end of the 19th century and the start of the 20th, and the youthful scion ends up pouring his passion into the family business, attempting to tread his own path, apart from his Machiavellian father (Tielin Zhang). Much like her protagonist, however, director (and Stanford alum) Christina Yao seems more besotted with romance than finance, bathing those scenes with the love light and sensual hues reminiscent of Zhang Yimou’s early movies. Though Yao handles the widescreen crowd scenes with aplomb, her chosen focus on money, rather than honey, leaches the action of its emotional charge. It doesn’t help that, on the heels of the Great Recession, it’s unlikely that anyone buys the idea of a financial industry with ironclad integrity — or gives a flying yuan about the lives of bankers. (1:52) (Chun)

Mia and the Migoo A young girl fights to protect the planet in this traditionally-animated French import. (1:32)

The Tree of Life See “The Importance of Being Self-Important.” (2:18)

X-Men: First Class Matthew Vaughn (2010’s Kick-Ass) helms this reboot of the comic-book series, with a new cast headed up by James McAvoy, Michael Fassbender, and January Jones. (2:20)

ONGOING

*L’Amour Fou Pierre Thoretton’s documentary L’amour fou opens with two clips of men bidding farewell. The first, from 2002, is of the French-Algerian couturier Yves Saint Laurent announcing his retirement in a moving and emotional speech worthy of his favorite writer Marcel Proust. The second is of Pierre Bergé, Saint Laurent’s longtime business partner and former lover, eulogizing his departed friend at the designer’s memorial service six years later. Thoretton’s film is suffused with goodbyes, many tender and candid, some portentous and rehearsed. To be sure, L’amour fou is a touching portrait of the powerful and tempestuous bond between Saint Laurent and Bergé, a bond that lasted close to five decades and resulted in one of the great empires of 20th century fashion. But it is also, alongside David Teboud’s two 2002 YSL documentaries, another entry in the hagiography of Saint Laurent, one cannily steered by Bergé as much as by Thoretton. Well-spoken and charming, Bergé still comes off as the punchy entrepreneurial foil to Saint Laurent’s dazzling but fragile genius. He can be both hyperbolic (praising Saint Laurent’s gifts) but also forthcoming (discussing the designer’s demons). Former muses Loulou de la Falaise and Betty Catroux are also interviewed, but this is clearly Bergé’s show. (1:43) (Sussman)

The Beaver It’s been more than 15 years since Jodie Foster sat in the director’s chair; she’s back with The Beaver, which tells the unique story of Walter Black (Mel Gibson), a clinically depressed man who struggles through his suicidal desires with the help of a beaver puppet. Walter uses the puppet — which he also voices — as a way of connecting with his family and the outside world. The film examines both the comedic aspects and the devastating reality of mental illness, and the script walks the line between dark and light — it’s the first feature from Kyle Killen, who created the critically adored but short-lived TV series Lone Star. The Beaver gets points for ambition, but it’s ultimately too all over the place to come together in the end. The moments of humanity are undercut by scenes of Walter and his wife Meredith (Foster) having sex with the puppet in the bed — intentionally funny, but jarring nonetheless. Still, Foster’s direction is solid and, for all its faults, The Beaver is a great reminder of Gibson’s legitimate talent. (1:31) (Peitzman)

*Bill Cunningham New York To say that Bill Cunningham, the 82-year old New York Times photographer, has made documenting how New Yorkers dress his life’s work would be an understatement. To be sure, Cunningham’s two decades-old Sunday Times columns — “On the Street,” which tracks street-fashion, and “Evening Hours,” which covers the charity gala circuit — are about the clothes. And, my, what clothes they are. But Cunningham is a sartorial anthropologist, and his pictures always tell the bigger story behind the changing hemlines, which socialite wore what designer, or the latest trend in footwear. Whether tracking the near-infinite variations of a particular hue, a sudden bumper-crop of cropped blazers, or the fanciful leaps of well-heeled pedestrians dodging February slush puddles, Cunningham’s talent lies in his ability to recognize fleeting moments of beauty, creativity, humor, and joy. That last quality courses through Bill Cunningham New York, Richard Press’ captivating and moving portrait of a man whose reticence and personal asceticism are proportional to his total devotion to documenting what Harold Koda, chief curator at the Costume Institute at the Metropolitan Museum of Art, describes in the film as “ordinary people going about their lives, dressed in fascinating ways.” (1:24) (Sussman)

*Bridesmaids For anyone burned out on bad romantic comedies, Bridesmaids can teach you how to love again. This film is an answer to those who have lamented the lack of strong female roles in comedy, of good vehicles for Saturday Night Live cast members, of an appropriate showcase for Melissa McCarthy. The hilarious but grounded Kristen Wiig stars as Annie, whose best friend Lillian (Maya Rudolph) is getting hitched. Financially and romantically unstable, Annie tries to throw herself into her maid of honor duties — all while competing with the far more refined Helen (Rose Byrne). Bridesmaids is one of the best comedies in recent memory, treating its relatable female characters with sympathy. It’s also damn funny from start to finish, which is more than can be said for most of the comedies Hollywood continues to churn out. Here’s your choice: let Bridesmaids work its charm on you, or never allow yourself to complain about an Adam Sandler flick again. (2:04) (Peitzman)

*Cave of Forgotten Dreams The latest documentary from Werner Herzog once again goes where no filmmaker — or many human beings, for that matter — has gone before: the Chauvet-Pont-d’Arc Cave, a heavily-guarded cavern in Southern France containing the oldest prehistoric artwork on record. Access is highly restricted, but Herzog’s 3D study is surely the next best thing to an in-person visit. The eerie beauty of the works leads to a typically Herzog-ian quest to learn more about the primitive culture that produced the paintings; as usual, Herzog’s experts have their own quirks (like a circus performer-turned-scientist), and the director’s own wry narration is peppered with random pop culture references and existential ponderings. It’s all interwoven with footage of crude yet beautiful renderings of horses and rhinos, calcified cave-bear skulls, and other time-capsule peeks at life tens of thousands of years ago. The end result is awe-inspiring. (1:35) (Eddy)

The Conspirator It may not be your standard legal drama, but The Conspirator is a lot more enjoyable when you think of it as an extended episode of Law & Order. The film chronicles the trial of Mary Surratt (Robin Wright), the lone woman charged in the conspiracy to assassinate Abraham Lincoln. It’s a fascinating story, especially for those who don’t know much of the history past John Wilkes Booth. But while the subject matter is compelling, the execution is hit-or-miss. Wright is sympathetic as Surratt, but the usually great James McAvoy is somewhat forgettable in the pivotal role of Frederick Aiken, Surratt’s conflicted lawyer. It’s hard to say what it is that’s missing from The Conspirator: the cast — which also includes Evan Rachel Wood and Tom Wilkinson — is great, and this is a story that’s long overdue to be told. Still, something is lacking. Could it be the presence of everyone’s favorite detective, the late Lennie Briscoe? (2:02) (Peitzman)

*The Double Hour Slovenian hotel maid Sonia (Ksenia Rappoport) and security guard Guido (Filippo Timi) are two lonely people in the Italian city of Turin. They find one another (via a speed-dating service) and things are seriously looking up for the fledgling couple when calamity strikes. This first feature by music video director Giuseppe Capotondi takes a spare, somber approach to a screenplay (by Alessandro Fabbri, Ludovica Rampoldi, and Stefano Sardo) that strikingly keeps raising, then resisting genre categorization. Suffice it to say their story goes from lonely-hearts romance to violent thriller, ghost story, criminal intrigue, and yet more. It doesn’t all work seamlessly, but such narrative unpredictability is so rare at the movies these days that The Double Hour is worth seeing simply for the satisfying feeling of never being sure where it’s headed. (1:35) Smith Rafael. (Harvey)

*Everything Must Go Just skirting the edge of sentimentality and banality, Everything Must Go aims to do justice by its source material: Raymond Carver’s rueful, characteristically spare short story, “Why Don’t You Dance?,” from the 1988 collection Where I’m Calling From. And it mostly succeeds with some restraint from its director-writer Dan Rush, who mainly helmed commercials in the past. Everything Must Go gropes toward a cinematic search for meaning for the Willy Lomans on both sides of the camera — it’s been a while since Will Ferrell attempted to stretch beyond selling a joke, albeit often extended ones about masculinity, and go further as an actor than 2006’s Stranger Than Fiction. The focus here turns to the despairing, voyeuristic whiskey drinker of Carver’s highly-charged short story, fills in the blanks that the writer always carefully threaded into his work, and essentially pushes him down a crevasse into the worst day of his life: Ferrell’s Nick has been fired and his wife has left him, changing the locks, putting a hold on all his bank accounts, and depositing his worldly possessions on the lawn of their house. Nick’s car has been reclaimed, his neighbors are miffed that he’s sleeping on his lawn, the cops are doing drive-bys, and he’s fallen off the wagon. His only reprieve, says his sponsor Frank (Michael Pena), is to pretend to hold a yard sale; his only help, a neighborhood boy Kenny who’s searching for a father figure (Christopher Jordan Wallace, who played his dad Notorious B.I.G. as a child in 2009’s Notorious) and the new neighbor across the street (Rebecca Hall). Though Rush expands the characters way beyond the narrow, brilliant scope of Carver’s original narrative, the urge to stay with those fallible people — as well as the details of their life and the way suburban detritus defines them, even as those possessions are forcibly stripped away — remains. It makes for an interesting animal of a dramedy, though in Everything Must Go‘s search for bright spots and moments of hope, it’s nowhere near as raw, uncompromising, and tautly loaded as Carver’s work can be. (1:36) (Chun)

Fast Five There are plenty of laugh-out-loud moments in Fast Five, in addition to a much demolition derby-style crunch — instances that stretch credulity and simultaneously trigger a chuckle at the OTT fantasy of the entire enterprise. Two unarmed men chained to the ceiling kick their way out of a torture cell, jump favela rooftops to freedom with nary a bullet wound in sight, and, in the movie’s smash-’em-up tour de force, use a bank vault as a hulking pair of not-so-fuzzy dice to pulverize an unsuspecting Rio de Janeiro. Not for nothing is rapper Ludacris attached to this franchise — his name says it all (why not go further than his simple closing track, director Justin Lin, now designated the keeper of Fast flame, and have him providing the rap-eratic score/running commentary throughout?) In this installment, shady hero Dominic (Vin Diesel) needs busting out of jail — check, thanks to undercover-cop-turned-pal Brian (Paul Walker) and Dominic’s sis Mia (Jordana Brewster). Time to go on the lam in Brazil and to bring bossa nova culture down to level of thieving L.A. gearheads, as the gearhead threesome assemble their dream team of thieves to undertake a last big heist that will set ’em up for life. Still, despite the predictable pseudo-twists — can’t we all see the bromance-bonding between testosteroni boys Diesel and Dwayne Johnson coming from miles of blacktop away? — there’s enough genre fun, stunt driving marvels, and action choreography here (Lin, who made his name in ambitious indies like 2002’s Better Luck Tomorrow, has developed a knack for harnessing/shooting the seeming chaos) — to please fans looking for a bigger, louder kick. (1:41) (Chun)

The First Grader After a government announcement offering free elementary school educations to all Kenyans, an elderly man, Maruge (Oliver Litondo), shuffles to the nearest rural classroom in search of reading lessons. Though school officials (and parents, miffed that the man would take a child’s place in the already overcrowded system) protest, open-minded head teacher Jane (Naomie Harris) allows him to stay and study. Maruge’s freedom-fighter past, which cost him his family at the brutal hands of the British, is an important part of this true story, which otherwise would’ve felt a bit too heavy on the heartwarming tip. (His classmates, actual students at the school used for filming, are pretty unavoidably adorable.) As directed by Justin Chadwick (2008’s The Other Boleyn Girl ), Harris and Litondo turn in passionate performances, but the film unfolds like a heavy-handed TV movie. The facts of this story are inspiring enough — the film shouldn’t have to try so hard. (1:43) Smith Rafael. (Eddy)

Forks Over Knives Lee Fulkerson steps up as the latest filmmaker-turned-guinea-pig to appear in his own documentary about nutrition. As he makes progress on his 12-week plan to adopt a “whole foods, plant-based diet” (and curb his Red Bull addiction), he meets with other former junk food junkies, as well as health professionals who’ve made it their mission to prevent or even reverse diseases strictly through dietary changes. Along the way, Forks Over Knives dishes out scientific factoids both enlightening and alarming about the way people (mostly us fatty Americans, though the film investigates a groundbreaking cancer study in China) have steadily gotten unhealthier as a direct result of what they are (or in some cases, are not) eating. Fulkerson isn’t as entertaining as Morgan Spurlock (and it’s unlikely his movie will have the mainstream appeal of 2004’s Super Size Me), but the staunchly pro-vegan Forks Over Knives certainly offers some interesting, ahem, food for thought. (1:36) (Eddy)

The Hangover Part II What do you do with a problematic mess like Hangover Part II? I was a fan of The Hangover (2009), as well as director-cowriter Todd Phillips’ 1994 GG Allin doc, Hated, so I was rooting for II, this time set in the East’s Sin City of Bangkok, while simultaneously dreading the inevitable Asian/”ching-chang-chong” jokes. Would this would-be hit sequel be funnier if they packed in more of those? Doubtful. The problem is that most of II‘s so-called humor, Asian or no, falls completely flat — and any gross-out yuks regarding wicked, wicked Bangkok are fairly old hat at this point, long after Shocking Asia (1976) and innumerable episodes of No Reservations and other extreme travel offerings. This Hangover around, mild-ish dentist Stu (Ed Helms) is heading to the altar with Lauren (The Real World: San Diego‘s Jamie Chung), with buds Phil (Bradley Cooper) and Doug (Justin Bartha) in tow. Alan (Zach Galifianakis) has completely broken with reality — he’s the pity invite who somehow ropes in the gangster wild-card Mr. Chow (Ken Jeong). Blackouts, natch, and not-very-funny high jinks ensue, with Jeong, surprisingly, pulling small sections of II out of the crapper. Phillips obviously specializes in men-behaving-badly, but II‘s most recent character tweaks, turning Phil into an arrogant, delusional creep and Alan into an arrogant, delusional kook, seem beside the point. Because almost none of the jokes work, and that includes the tired jabs at tranny strippers because we all know how supposedly straight white guys get hella grossed out by brown chicks with dicks. Lame. (1:42) (Chun)

*Hesher Young teen TJ (Devin Brochu) has lost his mom, and her shockingly sudden passing has sent his entire family into a tailspin. His father (Rainn Wilson) can barely rouse himself from his heavily medicated stupor, while his lonely grandmother (Piper Laurie) is left to care for the wrecked men folk as best she can. All TJ can do is to try to desperately hang onto the smashed car that has been sold to the used car salesman and then the junkyard. So it almost seems like a dream when he catches the attention of an aloof, threatening metalhead named Hesher (a typecast-squashing, perfectly on-point Joseph Gordon-Levitt), squatting in an empty suburban model home. Hesher threatens to kill him, then moves in, becoming his so-called “friend” and brand-new, unwanted shadow. What’s a grieving family lost in its own tragic inertia supposed to do with a home invasion staged by an angry, malevolent spirit? Coming to terms with Hesher’s presence becomes a lot like going through Kubler-Ross’s five stages of grief: there’s the denial that he’s taken over the living-room TV and rejiggered the cable to get a free porn channel, the anger that he’s set fire to your enemy’s hot rod and left you at the scene of the crime, and lastly the acceptance that there’s no good, right, or unmessy way to say goodbye. Director Spencer Susser (with co-writer David Michod of 2010’s Animal Kingdom) modeled the character of Hesher after late Metallica bassist Cliff Burton, and that fact, along with the film’s independent-minded spirit, is probably one of the reasons why Metallica allowed more than one of their songs to be used in the film. Hesher itself also likely had something to do with it: if the intrigue with heavy-metal-parking-lot culture doesn’t do donuts in your cul-de-sac, then the sobering story might. (1:45) (Chun)

Hobo With a Shotgun Hobo With a Shotgun began as a $150 faux-trailer short that got considerable exposure online and off. The resulting long-form debut for director Jason Eisener and scenarist John Davies is doubtless the zenith in Halifax, Nova Scotia-shot retro ‘ploitation splatter comedies to date. Which tells you nothing, of course. But it is pretty good — not great — insofar as spoofy gross-out nods to yesteryear’s exploitation cinema go. Better than Machete (2010), a whole lot better than the likes of Zombie Strippers! (2008) or 95 percent of what Troma puts out. Grizzled Rutger Hauer stars as the titular character who rides rails into an equally nameless berg nicknamed “Fuck Town” because it’s so plagued by drugs ‘n’ thugz. The hoodlums are led by crime kingpin “The Drake” (Brian Downey) and goon sons (Gregory Smith, Nick Bateman) whose violent perversities are Caligula-licious. With corrupt police force in pocket, they’re free to terrorize the populace via acts of degradation and violence pushed over the bad-taste top and then some. When Hauer’s hobo rescues a prostitute (Molly Dunsworth) from this clan’s clutches, he trips his own mental wire from peaceably detached transient to pawnshop-armed streetsweeper of scum, à la 1980s vintage vigilante cheese. Hobo With a Shotgun faithfully apes exploitation conventions, from its lurid widescreen Technicolor hues to a score combining overproduced 1970s funky soundtrack kitsch with ’80s direct-to-video synth pulsing. Throughout, Hauer maintains a straight face. Maybe a tad more so than necessary — this movie could have used the wilder streak crazy-coot comedic streak shown by Jeff Bridges in last year’s True Grit or Kurt Russell in 2007’s Grindhouse. (1:26) Lumiere. (Harvey)

*Incendies When tightly wound émigré Nawal (Luba Azabal) dies, she leaves behind adult twins Jeanne (Mélissa Désormeaux-Poulin) and Simon (Maxim Gaudette) — and leaves them documents that only compound their feelings of grief and anger, suggesting that what little they thought they knew about their background might have been a lie. While resentful Simon at first stays home in Montreal, Jeanne travels to fictive “Fuad” (a stand-in for source-material playwright Wajdi Mouawad’s native Lebanon), playing detective to piece together decades later the truth of why their mother fled her homeland at the height of its long, brutal civil war. Alternating between present-day and flashback sequences, this latest by Canadian director Denis Villeneuve (2000’s Maelstrom) achieves an urgent sweep punctuated by moments of shocking violence. Resembling The Kite Runner in some respects as a portrait of the civilian victimization excused by war, it also resembles that work in arguably piling on more traumatic incidences and revelations than one story can bear — though so much here has great impact that a sense of over-contrivance toward the very end only slightly mars the whole. (2:10) (Harvey)

*Into Eternity Danish artist Michael Madsen (no, not that Michael Madsen) sneaks into Werner Herzog territory with this rather existential documentary about nuclear waste storage. Though he lacks Herzog’s distinctive, delightful style (his narration is way too corny, and his interview subjects lack any discernable quirks), Madsen is onto something here. Ostensibly, his film is an exploration of Finland’s Onkalo, an enormous underground facility built to store highly dangerous waste until it is no longer radioactive. Ho-hum, until you realize the facility must remain intact and functional for 100,000 years. How, Into Eternity asks, can we plan that far in the future? We can anticipate most natural-disaster scenarios, but what about human intrusion? How can we prevent future civilizations from drilling into the deadly cache, either accidentally or deliberately? How do we warn them? Should we warn them? Will humans even be around that far in the future? All we are is dust in the wind? Needless to say, this quiet, stylistically unassuming doc goes way, way deeper than 500 meters below Finland’s ancient bedrock. (1:15) Roxie. (Eddy)

Kung Fu Panda 2 The affable affirmations of 2008’s Kung Fu Panda take a back seat to relentlessly elaborate, gag-filled action sequences in this DreamWorks Animation sequel, which ought to satisfy kids but not entertain their parents as much as its predecessor. Po (voiced by Jack Black), the overeating panda and ordained Dragon Warrior of the title, joins forces with a cavalcade of other sparring wildlife to battle Lord Shen (Gary Oldman), a petulant peacock whose arsenal of cannons threatens to overwhelm kung fu. But Shen is also part of Po’s hazy past, so the panda’s quest to save China is also a quest for self-fulfillment and “inner peace.” There’s less character development in this installment, though the growing friendship between Po and the “hardcore” Tigress (Angelina Jolie) is occasionally touching. The 3-D visuals are rarely more than a gimmick, save for a series of eye-catching flashbacks in the style of cel-shaded animation. (1:30) (Sam Stander)

*Meek’s Cutoff After three broke down road movies (1994’s River of Grass, 2006’s Old Joy, 2008’s Wendy and Lucy), Kelly Reichardt’s new frontier story tilts decisively towards socially-minded existentialism. It’s 1845 on the choked plains of Oregon, miles from the fertile valley where a wagon train of three families is headed. They’ve hired the rogue guide Meek to show them the way, but he’s got them lost and low on water. When the group captures a Cayeuse Indian, Solomon proposes they keep him on as a compass; Meek thinks it better to hang him and be done with it. The periodic shots of the men deliberating are filmed from a distance — the earshot range of the three women (Michelle Williams, Zoe Kazan, and Shirley Henderson) who set up camp each night. It’s through subtle moves like these that Meek’s Cutoff gives a vivid taste of being subject to fate and, worse still, the likes of Meek. Reichardt winnows away the close-ups, small talk, and music that provided the simple gifts of her earlier work, and the overall effect is suitably austere. (1:44) (Goldberg)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) (Harvey)

Pirates of the Caribbean: On Stranger Tides The last time we saw rascally Captain Jack Sparrow (Johnny Depp), he was fighting his most formidable enemy yet: the potentially franchise-ending Pirates of the Caribbean: At World’s End (2007). The first Pirates movie (2003) was a surprise critical success, earning Depp his first-ever Oscar nomination; subsequent entries, though no less moneymaking, suffered from a detectable case of sequel-itis. Overseeing this reboot of sorts is director Rob Marshall (2002’s Chicago), who keeps the World’s End notion of sending Jack to find the Fountain of Youth, but adds in a raft of new faces, including Deadwood‘s Ian McShane (as Blackbeard) and lady pirate Penélope Cruz. The story is predictably over-the-top, with the expected supernatural elements mingling with sparring both sword-driven and verbal — as well as an underlying theme about faith that’s nowhere near as fun as the film’s lesser motifs (revenge, for one). It’s basically a big swirl of silly swashbuckling, nothing more or less. And speaking of Depp, the fact that the oft-ridiculous Sparrow is still an amusing character can only be chalked up to the actor’s own brand of untouchable cool. If it was anyone else, Sparrow’d be in Austin Powers territory by now. (2:05) (Eddy)

Potiche When we first meet Catherine Deneuve’s Suzanne — the titular trophy wife (or potiche) of Francois Ozon’s new airspun comedy — she is on her morning jog, barely breaking a sweat as she huffs and puffs in her maroon Adidas tracksuit, her hair still in curlers. It’s 1977 and Suzanne’s life as a bourgeois homemaker in a small provincial French town has played out as smoothly as one of her many poly-blend skirt suits: a devoted mother to two grown children and loving wife who turns a blind eye to the philandering of husband Robert (Fabrice Luchini), Suzanne is on the fast track to comfortable irrelevance. All that changes when the workers at Robert’s umbrella factory strike and take him hostage. Suzanne, with the help of union leader and old flame Babin (Gerard Depardieu, as big as a house), negotiates a peace, and soon turns around the company’s fortunes with her new-found confidence and business savvy. But when Robert wrests back control with the help of a duped Babin, Suzanne does an Elle Woods and takes them both on in a surprise run for political office. True to the film’s light théâtre de boulevard source material, Ozon keeps things brisk and cheeky (Suzanne sings with as much ease as she spouts off Women’s Lib boilerplate) to the point where his cast’s hammy performances start blending into the cheery production design. Satire needs an edge that Potiche, for all its charm, never provides. (1:43) (Sussman)

Queen to Play From first-time feature director Caroline Bottaro comes this drama about … chess. Wait! Before your eyes glaze over, here are a few more fast facts: it’s set in idyllic Corsica and features, as an American expat, Kevin Kline in his first French-speaking role. (Side note: is there a Kline comeback afoot? First No Strings Attached, then The Conspirator, and now Queen to Play. All within a few short months.) Lovely French superstar Sandrine Bonnaire plays Héléne, a hotel maid who has more or less accepted her unremarkable life — until she happens to catch a couple (one half of which is played by Jennifer Beals, cast because Bottaro is a longtime fan of 1983’s Flashdance!) playing chess. An unlikely obsession soon follows, and she asks Kline’s character, a reclusive doctor who’s on her freelance house-cleaning route, to help her up her game. None too pleased with this new friendship are Héléne’s husband and nosy neighbors, who are both suspicious of the doctor and unsure of how to treat the formerly complacent Héléne’s newfound, chess-inspired confidence. Queen to Play can get a little corny (we’re reminded over and over that the queen is “the most powerful piece”), and chess is by nature not very cinematic (slightly more fascinating than watching someone type, say). But Bonnaire’s quietly powerful performance is worth sticking around for, even when the novelty of whiskery, cardigan-wearing, French-spouting Kline wears off. (1:36) Smith Rafael. (Eddy)

Rio (1:32)

Something Borrowed (1:53)

*13 Assassins 13 Assassins is clearly destined to be prolific director Takashi Miike’s greatest success outside Japan yet. It’s another departure for the multi-genre-conquering Miike, doubtless one of the most conventional movies he’s made in theme and execution. That’s key to its appeal — rigorously traditional, taking its sweet time getting to samurai action that is pointedly not heightened by wire work or CGI, it arrives at the kind of slam-dunk prolonged battle climax that only a measured buildup can let you properly appreciate. In the 1840s, samurai are in decline but feudalism is still hale. It’s a time of peace, though not for the unfortunates who live under regional tyrant Lord Naritsugu (Goro Inagaki), a li’l Nippon Caligula who taxes and oppresses his people to the point of starvation. Alas, the current Shogun is his sibling, and plans to make little bro his chief adviser — so a concerned Shogun official secretly hires veteran samurai Shinzaemon (Koji Yakusho) to assassinate the Lord. Fully an hour is spent on our hero doing “assembling the team” stuff, recruiting other unemployed, retired, or wannabe samurai. When the protagonists finally commence their mission, their target is already aware he’s being pursued, and he’s surrounded by some 200 soldiers by the time Miike arrives at the film’s sustained, spectacular climax: a small village which Shinzaemon and co. have turned into a giant boobytrap so that 13 men can divide and destroy an ogre-guarding army. A major reason why mainstream Hollywood fantasy and straight action movies have gotten so depressingly interchangeable is that digital FX and stunt work can (and does) visualize any stupid idea — heroes who get thrown 200 feet into walls by monsters then getting up to fight some more, etc. 13 Assassins is thrilling because its action, while sporting against-the-odds ingeniousness and sheer luck by our heroes as in any trad genre film, is still vividly, bloodily, credibly physical. (2:06) (Harvey)

*Thor When it comes to superhero movies, I’m not easily impressed. Couple that with my complete disinterest in the character of Thor, and I didn’t go into his big-screen debut with any level of excitement. Turns out Kenneth Branagh’s Thor is a genre standout — the best I’ve seen since 2008’s Iron Man. For those who don’t know the mythology, the film follows Thor (Chris Hemsworth) as he’s exiled from the realm of Asgard to Earth. Once there, he must reclaim his mighty hammer — along with his powers — in order to save the world and win the heart of astrophysicist Jane Foster (Natalie Portman). Hemsworth is perfectly cast as the titular hero: he’s adept at bringing charm to a larger-than-life god. The script is a huge help, striking the ideal balance between action, drama, and humor. That’s right, Thor is seriously funny. On top of that, the effects are sensational. Sure, the 3D is once again unnecessary, but it’s admittedly kind of fun when you’re zooming through space. (2:03) (Peitzman)

The Topp Twins: Untouchable Girls It’s hard to name an American equivalent of New Zealand’s Topp Twins — a folk-singing, comedy-slinging, cross-dressing duo who’re the biggest Kiwi stars you’ve never heard of (but may be just as beloved as, say, Peter Jackson in their homeland). Recent inductees in the New Zealand Music Hall of Fame, the fiftysomething Jools and Lynda, both lesbians, sing country-tinged tunes that slide easily from broad and goofy (with an array of costumed personas) to extremely political, sounding off on LGBT and Maori rights, among other topics. Even if you’re not a fan of their musical style, it’s undeniable that their identical voices make for some stirring harmonies, and their optimism, even when a serious illness strikes, is inspiring. This doc — which combines interviews, home movies, and performance footage — will surely earn them scores of new stateside fans. (1:24) (Eddy)

Water for Elephants A young man named Jacob Jankowski (Robert Pattinson) turns his back on catastrophe and runs off to join the circus. It sounds like a fantasy, but this was never Jacob’s dream, and the circus world of Water for Elephants isn’t all death-defying feats and pretty women on horses. Or rather, the pretty woman also rides an elephant named Rosie and the casualties tend to occur outside the big top, after the rubes have gone home. Stumbling onto a train and into this world by chance, Jacob manages to charm the sadistic sociopath who runs the show, August (Christophe Waltz), and is charmed in turn by August’s wife, Marlena (Reese Witherspoon), a star performer and the object of August’s abusive, obsessive affections. Director Francis Lawrence’s film, an adaptation of Sarah Gruen’s 2006 novel, depicts a harsh Depression-era landscape in which troupes founder in small towns across America, waiting to be scavenged for parts — performers and animals — by other circuses passing through. Waltz’s August is a frightening man who defines a layoff as throwing workers off a moving train, and the anxiety of anticipating his moods and moves supplies most of the movie’s dramatic tension; Jacob and Marlena’s pallid love story feeds off it rather than adding its own. The film also suffers from a frame tale that feels awkward and forced, though Hal Holbrook makes heroic efforts as the elderly Jacob, surfacing on the grounds of — what else? — a modern-day circus to recount his tale of tragedy and romance. (2:00) (Rapoport)

*Win Win Is Tom McCarthy the most versatile guy in Hollywood? He’s a successful character actor (in big-budget movies like 2009’s 2012; smaller-scale pictures like 2005’s Good Night, and Good Luck; and the final season of The Wire). He’s an Oscar-nominated screenwriter (2009’s Up). And he’s the writer-director of two highly acclaimed indie dramas, The Station Agent (2003) and The Visitor (2007). Clearly, McCarthy must not sleep much. His latest, Win Win, is a comedy set in his hometown of New Providence, N.J. Paul Giamatti stars as Mike Flaherty, a lawyer who’s feeling the economic pinch. Betraying his own basic good-guy-ness, he takes advantage of a senile client, Leo (Burt Young), when he spots the opportunity to pull in some badly-needed extra cash. Matters complicate with the appearance of Leo’s grandson, Kyle (newcomer Alex Shaffer), a runaway from Ohio. Though Mike’s wife, Jackie (Amy Ryan), is suspicious of the taciturn teen, she allows Kyle to crash with the Flaherty family. As luck would have it, Kyle is a superstar wrestler — and Mike happens to coach the local high school team. Things are going well until Kyle’s greedy mother (Melanie Lynskey) turns up and starts sniffing around her father’s finances. Lessons are learned, sure, and there are no big plot twists beyond typical indie-comedy turf. But the script delivers more genuine laughs than you’d expect from a movie that’s essentially about the recession. (1:46) (Eddy)

 

Civil Grand Jury report rips Parkmerced plan

One week before the massive Parkmerced redevelopment project is slated to go before the Board of Supervisors for a second shot at approval, the San Francisco Civil Grand Jury has issued a scathing critique of the plan in a report titled “The Parkmerced Vision: Government-by-Developer.” The assessment charges that the project’s development agreement fails to guarantee adequate rent-control protections for current tenants whose homes will be razed and replaced with new units as part of the ambitious, 20-to-30 year overhaul.

The Civil Grand Jury report charges that the development agreement “is fundamentally unable to deliver such assurances because of overarching state laws that are changeable and subject to court interpretation. Through its call for demolition of existing units, the agreement eliminates existing statutory rights of tenants, replaces them with a contractual agreement from the owner/developer, and bypasses due process in the face of eviction.”

The report appears to reject the claim that the tenant protections are “ironclad,” an assurance that was repeated often in public hearings by representatives of the developer and the city’s Office of Economic and Workforce Development. “As it is stated, the agreement claims it can cause newly constructed units to be protected under the same rent stabilization ordinance previously applied to the demolished dwellings,” the report notes. “In reality, current laws appear to contravene this claim.”

When a discussion about Parkmerced was continued several weeks ago at a Board of Supervisors meeting, several members of the board voiced concerns that they did not have enough clarity on the question of whether renter protections could be guaranteed for tenants who reside in the complex’s 3,221 rent-controlled units, some of whom have lived there for decades.

“Never before has a redevelopment project of this size and length been undertaken in San Francisco in an existing community where more than 9,000 people live,” the report notes. It acknowledges the enormous tax revenues that the city stands to gain from the development, but cautions that “this windfall, no matter how promising, should not come at the expense of citizens’ legal rights.”

To remedy the flawed agreement, the Civil Grand Jury recommends that the city “enact legislation prior to signing the Development Agreement that adequately assures the statutory rights of existing tenants to remain at Parkmerced and enjoy undisturbed continued tenancy,” and goes onto suggest language providing that “If a landlord demolishes residential property currently protected under the City’s Rent Stabilization and Arbitration Ordinance, and builds new residential rental units on the same property within five (5) years, the newly constructed units are subject to the San Francisco Rent Stabilization Ordinance.”

Meanwhile, Parkmerced spokesperson P.J. Johnston has already issued a response the hot-off-the-presses report, sending out a press release calling it “flawed,” and charging that the Civil Grand Jury is “calling for a solution to a problem San Francisco has already solved.”

Johnston contends that San Francisco already has a provision in the local municipal code that would do exactly what the Civil Grand Jury is asking city government to enact as a remedy for the shortcomings of the development agreement. Is Johnston’s interpretation of the local ordinance an accurate assessment? Not being lawyers ourselves, the Guardian phoned the office of the City Attorney to find out. We’ll post a response as soon as we receive one.

Johnston criticized the Civil Grand Jury report as “a highly political stink bomb,” saying, “I believe we’ve been able to address those concerns over the past several weeks, and I hope our leaders are able to see past this kind of last-minute distraction.” Johnston, who previously served as former Mayor Willie Brown’s press secretary, added, “This reeks of the nasty side of San Francisco politics.”

**UPDATE** The Guardian just received a call from an official from the City Attorney’s office, who said they did not want to be quoted because Parkmerced is a highly politicized issue. This person confirmed that the existing code Johnston pointed to does in fact do just what the Civil Grand Jury was asking for, and added that the local law had been referenced in a Parkmerced board file from last week. Seems the Civil Grand Jury didn’t have that information when it issued the report.

Editor’s notes

8

tredmond@sfbg.com

I’m tired of stories about poor San Francisco landlords. Because residential landlords in San Francisco have a great gig — and almost none have any right to complain about it.

The latest tale appeared in The New York Times May 1, with a longer version in the Bay Citizen the same day. It involves Wayne Koniuk, who owns a building on Divisadero Street. He has a shop where he makes prosthetic devices and two units upstairs.

Koniuk inherited the building from his father. He cleared out one of the units and moved in one of his sons. Now he wants to evict the tenant in the remaining unit — Robert Murphy, a senior citizen and retired union worker living on a fixed income — so he can move in his other son. Turns out that’s not easy. Koniuk is upset, and the Times presents his case: after all, Koniuk owns the building. Why can’t his children live there?

It’s an interesting question that drives a lot of passions in this town (the Bay Citizen has almost 100 comments on the story; my blog post on the subject has 65). And it gets to the heart of what rent control and regulations on property and land use are about.

See, by law — and public policy — the fact that Koniuk owns the building and Murphy rents is largely irrelevant. A long-term tenant in a protected class (in this case, someone over 60) who pays the rent on time every month and has created no nuisance has a right to stay there, except in limited circumstances. Yes, that’s an infringement on the “ownership” right of the landlord — but those rights are already strictly limited. I own a house — but not the right to demolish it, or the right to build a second unit in the basement and rent it out, or the right to add three stories to the top, or the right to turn it into a gas station or a Burger King. I knew those things when I bought the place — and if I didn’t, I should have. In San Francisco — a dense city with tight zoning laws and a legally certified housing crisis — property owners have limited rights.

They also have low property taxes (under Prop. 13), and the value of their investments keeps rising. Not a bad deal at all.

When you buy, or inherit, a building with a tenant who qualifies for protection under the city’s Rent Stabilization Ordinance, you don’t have the right to raise the rent more than a certain percentage every year. And you don’t have the right to evict the person, except for what the law calls just cause. (Just cause, by the way, typically does allow eviction to move in a relative — but it’s harder if you’ve already done one such eviction and if the tenant is a senior or disabled.)

Koniuk has a place to live (in Belmont); both his sons have places to live. They are, by definition, better off than Murphy, who is facing the prospect of no place to live at all. I’m not shedding any tears for the poor landlord. 

 

The myth of the poor landlord

112

Early in my career at the Guardian, Bruce Brugmann, the editor, warned me about certain kinds of stories. “You know,” he said, “you can always find a welfare cheat.” It’s true: if you look hard enough, you can always find someone, somewhere, who’s getting an extra welfare check or scamming the system for a few bucks — and if that’s what you write about, you start to give the impression that everyone’s cheating on welfare, and that maybe we ought to crack down on the thieving bastards.


But the problem with welfare isn’t the handful of cheats — it’s the fact that most deserving people can’t get enough money to live on. And there are far more, bigger cheaters in the executive suites.


I thought about that when I read Elizabeth Lesly Stevens’ story in the Bay Citizen about poor Wayne Koniuk.


Listen:


By trade, Koniuk fashions artificial limbs for amputees. By habit, he fits prostheses at no charge for people who cannot pay. This has left him a less-than-wealthy man.


But he does have one substantial asset: a Divisadero Street building that his father, Walter, an orthotist, bought in 1970 and gave to his only son in 2001 so Wayne could run his business on the ground floor and Wayne’s adult children would always have a place to live.


For eternity,” Koniuk recalls his father saying, “my grandkids will always have a place they can go. No matter whatever happens, that building should stay in the family.”


A small problem has come up: Koniuk wants to evict his longtime tenant so his 24-year-old son can have the apartment. And since the tenant is over 60 — and has done nothing wrong, paid his rent on time and been well behaved for roughly 30 years — it’s not easy to get rid of him.


Koniuk, who himself lives in suburban Belmont, gave a half-interest in the building to his older son in 2007 so he could evict a tenant and move in himself. But under San Francisco’s extraordinarily pro-tenant housing laws, landlords can do this only once per building. 


I like that: extraordinarily pro-tenant housing laws.


The sob story of the poor landlord even registered with Sup. Ross Mirkarimi, who has never once voted against single piece of pro-tenant legislation:


Vacancy rates are going up because owners have decided to take their units off the market,” said Ross Mirkarimi, a progressive member of the Board of Supervisors. He attributes that response to “peaking frustrations in dealing with the range of laws that protect tenants in San Francisco that make it difficult for small property owners to thrive.”


Well: Where do I start?


Maybe with the obvious: San Francisco is, overall, an extraordinarily tough place to be a tenant right now — and an extraordinarily excellent place to be a landlord. Between soaring rents and Prop. 13, virtually anyone who owns rental housing in this city is doing well. The pitiful tales of the poor broke landlord who can’t afford the upkeep are, frankly, mostly tales. I have heard hundreds of them over the years. In every single case, it turns out the landlord was a lot better off than he or she claimed.


There’s a good reason for that: San Francisco residential property is immensely valuable. The city’s only 49 square miles, most of it is built up, and almost nobody’s building new rental housing. Yeah, there are dips, but over the past 50 years, property values have gone in only one direction — and thanks to Prop. 13, if you bought the building more than a week ago, your taxes are less than what they ought to be.


There are, indeed, tenants who pay less than market rent, mostly people who have lived in their apartments for a long time and have been protected by rent control — and have somehow avoided the fate that awaits Koniak’s tenant, Robert Murphy, which is eviction.


Murphy pays “only” $525 a month, which seems like nothing compared to the $2,000 or more that Koniuk could probably get for the unit today. But keep in mind: That rent was set 30 years ago, when it was more than adequate to cover his share of the landlord’s mortgage, property taxes and maintenance. When Koniak’s dad bought the place, the building was worth a fraction of its current value. I’m pretty sure the mortgage payments didn’t go up (not as many variable-rate deals back then) — and the property taxes are essentially frozen under Prop. 13. Why should Murphy’s rent go up?


That’s the whole idea of rent control — not to deny landlords a reasonable rate of return on their investments, but to ensure that tenants aren’t punished if property values soar out of control.


And let’s remember: Koniuk didn’t pay a penny for the place — he inherited it from his dad. And he owns it free and clear; he confirmed to me when we talked that the original mortgage was paid off long ago. He complained about the cost of maintenance, but read the story carefully — he gave one of the units to his son, which was lovely but was also his choice. He could have been getting rent from that unit if he wanted more maintenance money. By moving your kids into a building, you become in essence a single-family homeowner. When I have to do maintenance on my house, it comes out of my pocket. That’s just how it is.


And Stevens’ line about Koniuk being a “less than wealthy man” seems a bit of a stretch. He owns a home in Belmont. He owns (free and clear) a building in the city worth well over $1 million. His mother owns another rental building just down the street, as well as a home in the Sunset. “Over the years,” he told me, “my dad bought up properties in the city, and fixed them up and sold them or gave them to his kids.”


And why does he need to evict Murphy? Because, he told me, his son, who is now 24, has moved out of the family home, and Koniuk is paying $1,200 a month to cover his son’s rent. If he could just get more money out of Murphy, he said, he wouldn’t evict him — “I could just use that money to pay my son’s rent someplace else.”


Well: Good for Mr. Koniuk, paying his 24-year-old son’s rent. Again, though, it’s a choice — my parents didn’t pay my rent when I was 24. Most parents don’t. I’m glad this not-wealthy landlord feels he can afford it — but that doesn’t mean a 30-year tenant, a retired union worker who is living on a fixed income, should lose his home.


There’s a fundamental misunderstanding in all of this about the relations between a tenant and landlord and how rental housing is, and should be, treated in San Francisco. I’ll give you my bias, first: I believe that in a city with a world-class housing crisis, and that’s San Francisco, housing should be regulated like a public utility. Landlords should be allowed a reasonable rate of return on their investment, but should not be allowed speculative profit — and should have no financial incentive to evict long-term tenants.


That’s impossible thanks to state law, which bars rent controls on vacant apartments and allows landlords to evict tenants whenever they want and sell the units as tenancies in common, or backdoor condos.


So the best we can do is use the regulatory powers that we have — and they ought to start with the notion (well established in law, and not just in San Francisco) that a tenant who pays rent on time and creates no nuisance has as much right to his unit as the landlord does. It ought to be okay for people to rent apartments and live in them for 30 or 40 years — and know, just as homeowners do, what the monthly nut will be when they retire.


I feel bad for Wayne Koniuk, who seems like a nice guy and a good human being. I feel much worse for his tenant, who is decidedly NOT rich and will have a huge burden paying market rent in this city right now. In fact, if he’s evicted, I don’t know where he’s ever going to find a place to live. He certainly won’t find a comparable place.


Now onto the claim that landlords are holding units vacant because they don’t like tenant-protection laws. First, if that’s true, in this city, and this market, right now, it ought to be a crime — it’s like a store withholding food and water from local residents after an earthquake because it might be more valuable later. The city has the right in a housing emergency to make laws strongly discouraging landlords from keeping housing vacant. The Rent Board ought to study this, and the supervisors ought to act. At the very least, the city ought to have a special tax on vacant residential units.


But I’m not entirely sure how much of that is really going on. Ted Gullicksen at the San Francisco Tenants Union told me it’s pretty rare: “That’s always been a big myth that the property owners put out.” he said. (I remember in the early days of rent control, when landlords insisted that nobody would ever build new rental housing in a city with rent control laws. So San Francisco exempted all new housing from rent control. Didn’t make a damn bit of difference; nobody builds rental housing anyway, because condos are more profitable.)


Stevens, who was very nice and polite when I called her and is a professional reporter who has done some excellent work, told me she didn’t want to talk to me for the record but would be glad to respond to comments on the Bay Citizen website. She pointed to a map of census data showing vacant buildings in San Francisco.


Gullicksen says his read of the data shows that most of the vacant units tend to be unsold condos; the highest concentration is in the Soma/South Beach area where the new condos have been built (and it’s no secret that a lot of them are vacant).


Check it out for yourself. The map function isn’t easy to use, but unless I’m reading the data wrong, the census tract with the most vacant housing is in the Mission Bay area, and the tracts that cover the Mission, the Haight and other tenant-heavy areas have a much smaller percentage of vacancies.


Now, there probably are landlords who keep units vacant; as I say, that ought to be a crime, but it isn’t. But it’s a bid odd for Ross Mirkarimi to talk about this situation the way Stevens quoted him, particularly his line about laws that “make it difficult for small property owners to thrive.”


Mirkarimi told me that he got involved in the case because Koniuk is “a constituent.” (So, by the way, is Murphy.) He reminded me that he’s been one of the best pro-tenant votes on the board (absolutely true). And he told me, for the record, very clearly, that he does NOT favor any relaxation of tenant laws or changes in the restrictions on owner-move-in evictions. “I would never want to change the protections for tenants against evictions,” he said.


I reminded him of the bottom line: Small property owners in San Francisco ARE thriving. The vast majority are doing far better financially than their tenants. This myth of the poor starving property owner with the rich greedy tenants is, frankly, so much horsepucky it’s hard to hear it without screaming.


In the comments section of the story, Stevens goes further on her interview with Mirkarimi:


Mr. Koniuk showed Mr. Mirkarimi the letter demanding $70,000. Mr. Koniuk had offered $45,000. (TBC also has a copy of the letter, and I spoke with the attorney who wrote it). When speaking with me, Mr. Mirkarimi said that “my jaw dropped” when he read the letter. “That letter is negotiated extortion, legitimized,” he said, by the tenant/landlord laws as they have evolved in SF. The Koniuk episode “revealed how greed or special interest can shift [power] to the other [tenant] side.”


Mirkarimi and I went back and forth on this for a while, and in the end, he told me that the statements in the Bay Citizen story “do not reflect my views or my record.” I think that’s true; I think he just got caught up in this one story of this one guy with a situation that isn’t at all the way it looks at first.


I mean, “extortion?” Seriously? What’s wrong with Murphy asking for $70,000 to move out? I don’t think that’s anywhere near enough. As another commenter noted:


You portray the tenant as “greedy” for asking for $70k but is it fair to do so without also stating the fair market value of the property? $70k on a building worth 2 million doesn’t sound so “greedy” specifically when the displaced tenant has to try to find a equivalent unit at market rate; just a guess but that cost per month I’d estimate at close to $3,000/month… do the math $70/3= 2 years at the higher rent. Doesn’t appear so “greedy”, to me.


Here’s what’s fair: Koniuk wants Murphy out so he can move in his son (who presumably won’t be paying rent at all). Fine: he should offer his tenant enough money to rent a comparable apartment in the city for the rest of his life. That’s what Murphy has now — the right to live in his apartment, at a controlled rent, until he dies. And he has a legal, moral and public-policy right to stay there.


The way I see it, Koniuk wants to buy from Murphy the right to occupy that apartment. He wants to buy the unit for his son. He ought to pay fair market value — enough to allow Murphy to buy or rent a similar place at a similar monthly payment.


The commenters who says that’s not fair because Koniuk “owns” the building


Don’t forget Murphy does not OWN the building, he pays for the privilege to live there; he has no right to it otherwise.


are missing a fundamental point. Ownership of residential property in San Francisco is not a single, simple right. It’s a bundle of rights and restrictions. I, for example, own a house in Bernal Heights. I do not own the right to demolish it and replace it with a gas station. (In fact, I don’t have the right to demolish it at all unless I can make a very good case for doing so.) I don’t have the right to drill for oil under the house. I don’t have the right to open a dog kennel in the house. I don’t have the right to add a second unit in the basement and rent it out.


If you buy, or inherit, a building with a longtime tenant in it, your rights as an owner are restricted. You don’t have the right to evict that person or raise the rent except under very limited circumstances. Murphy’s right to live in that house is every bit as solid as the rights of my neighbors not to see my house torn down and replaced with a Burger King.


That’s been a basic principle of real property law for a long time now. Some libertarians don’t like it, but most of society has come to accept it.


It doesn’t matter what Koniuk’s dad wanted; he left his son a building with a tenant in it, and thus he left a property with use restrictions. His dad could have gone to his grave dreaming that his son would turn the place into an amusement park, but that wasn’t going to happen either.


If all of this makes it tough on the poor landlords, I’m sorry: they knew, or should have know, the rules when they got into the landlord business. And virtually all of them can get out easily by selling the building — at a profit — to somebody else who realizes that residential property in San Francisco is, and has always been, an excellent financial investment.


PS: Randy Shaw at Beyond Chron really went after Mirkarimi for his comments, which I understand — Shaw’s been a tenant lawyer all his life and he has every right to criticize an elected official who makes what appear to be anti-tenant comments. What disturbed me is that Shaw never called Mirkarimi for comment; that’s just basic journalistic practice (and always a good idea). I asked him why he didn’t call; my email said:


I have no complaint with what you wrote; as a longtime tenant advocate you have every right (and responsibility) to be critical of a politician who makes statements that appear to run counter to the tenant agenda. I just think it’s fair to call people before you go after them; sometimes, as you well know, quotes that appear in news accounts are incomplete or inaccurate. That’s why I always try to check before I write.


His response:


I see the issue very differently and disagree with your premise.


Which is really, really weak. Pick up the phone, Randy. It’s really not that hard.

Evicting hoarders

2

news@sfbg.com

People who collect massive amounts of stuff in their apartments often suffer from a mental disability that causes them to become hoarders. Even so, they can face eviction — despite state laws that protect renters with disabilities. And when hoarders get evicted, they usually become homeless.

“Hoarding behaviors may result in a landlord issuing an eviction notice on the basis that the tenant has created a nuisance, fire hazard, or other danger in the building. If the tenant is diagnosed as disabled, the tenant may notify the landlord of the disability and request the landlord provide a reasonable accommodation to enable the tenant to remain in the apartment rather than being evicted,” reads a recent report from San Francisco’s Mental Health Association, which is seeking to educate renters, landlords, and the general public on the issue.

Evictions in San Francisco are on the rise. Between March 1, 2010 and Feb. 28, 2011, 1,370 evictions were filed, an 8 percent rise from 1,269 evictions the previous year. The Federal Fair Housing Act (FHA) and California Fair Employment and Housing Act (FEHA) offer protections to those who have a disability, but landlords say there are liability issues associated with excessive hoarding.

Tenants can fight evictions by asking their landlords for a “reasonable accommodation” whose duration depends on the situation. A reasonable accommodation could be a plan that requires 30 days of cleaning and support service for hoarders in an effort to avoid eviction.

According to Mayoclinic.com, hoarding is labeled an obsessive-compulsive disorder (OCD). But many researchers consider it a distinct mental health problem that can be treated with therapy or counseling. California law defines a disability as a physical or mental impairment that limits one or more life activities, such as walking, seeing, hearing, working, learning, or caring for oneself.

Sandra Stark, 66, hasn’t allowed anyone in her home for five years. She collects kitchenware and antiques. Like most hoarders, she started collecting after a traumatic event. It occurred when she was in her 30s and was gaining weight. Stark had never heard of the term “hoarder” until she watched a special on The Oprah Winfrey Show.

She claims her hoarding is a symptom of depression and disability, not OCD. “I feel like, with my weight, the clutter is a barrier between me and the world that hurt me,” she told us.

Before TV shows uncovered the lives of hoarders, family and friends often were the ones to call for help. These days, hoarders often seek help themselves. A&E’s Hoarders receives 1,000 submissions every month. After we spoke to some hoarders, they were all willing to seek change.

MHA recognized the problem and created a task force in 2007. Its goal was to build a plan of action to combat compulsive hoarding in San Francisco. The task force puts the costs of compulsive hoarding at more than $6 million per year. In 2009, the task force completed its report and estimated that between 12,000 and 25,000 residents in San Francisco struggle with this condition.

Most landlords try not to evict hoarding tenants right away. “Landlords may be compassionate and, in many cases, I believe, try hard to prevent evictions. However, they still have liability insurance and strict guidelines to follow,” said Tim Ballard, a social work supervisor for the city. “It is their responsibility to protect the other tenants, and the painful result used as a means of harm reduction is often the legal option of eviction proceedings.”

He said the heavy cleaning required on a hoarder’s home can cost between $6,000 and $8,000 and can include removing trash to create safety in their home. The largest amount spent was $16,000. Currently, Ballard has 300 clients who are hoarders or clutterers in San Francisco.

On March 10, MHA hosted its 13th Conference on Hoarding and Cluttering. Keynote speaker Christiana Bratiotis, who has her doctorate in social work and is director of the Hoarding Research Project, defined compulsive hoarding as the “acquisition of, and failure to discard, a large number of possessions that appear to be useless or of limited value.”

Michael Badolato, administrative assistant of Broderick Street Adult Residential Facility, attended to find a reasonable approach to deal with a hoarding resident living in his facility. “The challenge of hoarding is the mental health issue involved,” he said. Other attendees included educators, landlords, healthcare workers, attorneys, and hoarders themselves.

One panel discussion topic was how hoarding and cluttering are portrayed in the media. The panel included Michael Gause, associate director of MHA; Robin Zasio, a physician on A&E’s Hoarders; and Kari Peterson, an organizer from Hoarding: Buried Alive. Hoarders was created to show people in crisis and prevent the behaviors through the show.

The panelists claim that in order to show what the crisis is, a sensational aspect is involved. Ceci Garnett, whose mother was featured in an episode of Hoarders, says knowing that others are out there is “worth it to let people know they are not alone.

“And at least now there is treatment,” she continued. “We have to risk sensationalism to start a conversation.”

Ray Cleary, who was on season one of TLC’s Buried Alive, also appeared on the panel. Featured before and after treatment, he is still in the process of recovering. “I didn’t have to throw everything away,” he says. “I still have boxes and don’t know what to do with them.”

Another hoarder, who asked to remain anonymous to avoid eviction, was critical of the media attention on hoarding. “It’s a cult. People are going to make a career off my circumstance — making it a disease.”

These people have “already decided it’s a pre-mental disease,” she continued.

Inside her home near Van Ness Avenue, a small path led from the door to her living room. By the door hung green bead necklaces from years of parades; yellowing stacks of paper filled every space in the rooms. An information junkie, she collects newspapers and books. A San Francisco resident for 45 years, she used to be homeless and has suffered from a head injury. “Throwing something away is like throwing away memory — and that means it’s gone forever,” she says.

When she was homeless, her belongings went to storage. But when she got housing, she couldn’t throw anything away. Everyone she knows who has suffered from a head injury has this problem as well, she says, claiming it comes from gradually mixed emotional issues from losses and her health.

For years she tried to find someone to help her recycle or donate items, but she couldn’t find the help she needed, even from her case manager. Other hoarders claim that most caseworkers aren’t aware of their condition and assume they just need to throw everything out at once — something hoarders don’t feel they can easily do.

Her landlord isn’t involved with the property and doesn’t know of the situation. She would like someone to sit and accompany her as she cleans, but she doesn’t know of any service that provides this. During the interview, she picked up a phone call from someone who was going to stop by later to help. “But they usually flake on me,” she acknowledged. Her hoarding, she says, is part of a physical health issue, not a mental health problem.

But San Francisco does offer places such as the MHA conference to discuss the issue. Hoarders‘ Dr. Zasio says the show helps the people who are willing to go on TV. In exchange for going public, the network pays for six months aftercare, including services such as home repairs and therapy sessions. Although the network recognizes that it gains ratings by sensationalizing the condition for 44 minutes, it also wants to raise public awareness.

Of the 1,370 evictions in San Francisco in the past year, 442 cases were prompted by a breach of rental agreement and 271 cases were for committing a nuisance. These cases could include hoarding, but the city doesn’t specify that in its statistics.

As Teresa Friend from the Homeless Advocacy Project said: “If the person with a disability including hoarding is without family or friends to turn to or is not part of a legal intervention process and evicted, they will end up homeless.”

 

Endangered Eagle may still have hope

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An important community institution never truly dies. It remains in the hearts and minds of everyone it has touched — a fact that that patrons who have lived and loved (sometimes literally) in the Eagle Tavern understand. But that doesn’t mean they’re ready to loosen their talons and let go.

With the help of San Francisco’s supervisors, some seriously committed community energy — and maybe even a Dallas cowboy who likes his leather — they may not have to.

For the past week, patrons of one of San Francisco’s oldest and boldest gay leather bars have been rallying to save their stomping ground from uncertain fate. It started when they found that rumors swirling since early in the year were true: the Eagle was slated to close at the end of April and faced a May 1 eviction.

Since then, defenders of the 12th Street space have scraped together emergency meetings and impromptu marches, a surprise leather night at the Skylark Bar (owned by a believed-to-be buyer), and a demonstration on the steps of City Hall. Letters were sent to the Board of Supervisors, petitions signed, and pink tent campouts planned as vigils.

Through it all, the message carrying most clearly was that the Eagle Tavern is far more than a swingin’ hot spot. “It’s our history and it’s our culture,” said organizer Kyle DeVries at a rally on the steps of City Hall last Tuesday. “And we’re proud of what we’ve given to this city.”

That “what” includes more than $1 million raised through the years at popular Sunday beer busts supporting everything from breast cancer research to AIDS awareness. But it also includes providing a safe haven and sense of belonging for San Francisco’s queer community for more than three decades.

And now, patrons have learned they will eek out another month. Thanks to the huge outpouring of support from Eagle denizens, and political pressure from three San Francisco supervisors, the end-of-April plan to fly the coop has been delayed at least until the end of May, Eagle manager Ron Hennis said.

But since the issue first exploded April 11, efforts to save the sacred space haven’t slowed down. At press time, supporters were planning an April 19 “Tuesday roost” at the Eagle in hopes of pumping energy and cash back into the tavern on a night known to be quiet.

Sup. Scott Wiener, along with Sups. David Campos and Jane Kim, sent a letter to the San Francisco Police Department that reviews liquor license sales in connection with the California Department of Alcohol Beverage Control. The letter reviewed the Eagle’s importance in SF’s queer community and stated that its authors are “adamantly opposed to any sale that would result in the Eagle’s destruction.”

The supervisors urged the SFPD to “closely scrutinize, consistent with applicable legal standards, any requested liquor license transfer relating to the Eagle to ensure that any such transfer will not harm the LGBT community by putting an end to the Eagle.”

So far, these efforts have been promising for Eagle patrons. In a phone interview, Wiener told us that Skylark owner Steve Englebrecht has pulled out of negotiations to buy the place. But the situation remains complex.

Eagle manager Ron Hennis explained that current owners John Gardiner and Joe Banks decided to sell the Eagle a year ago to focus on their other SoMa leather bar, Hole in the Wall Saloon, which has been plagued with high-cost property battles of its own.

Gardiner and Banks didn’t respond to our e-mails. But Hennis said they intended to sell the business — which includes the Eagle name, equipment, and liquor license — to people they felt would maintain the existing spirit of the bar: Hennis, Eagle entertainment coordinator Doug Hilsinger, and Lila Thirkield, owner of the Lexington Club.

Hennis and Hilsinger told us a contract was signed and the deal had progressed through an initial set of inspections and into escrow when the property’s owner, John Nikitopoulos, refused to negotiate a new lease with the prospective owners.

Despite successful conversations up to that point, Gardiner and Banks “turned off and didn’t say why,” Hennis said.

Further complicating the matter, Gardiner and Banks’ lease ran out and Nikitopoulos hasn’t renewed it. He’s been renting the property month-to-month and is reportedly raising the monthly price tag, which has remained the same for the past 10 years.

Hennis said the owners were still paying rent when they were threatened with eviction — which would mean a death sentence for the Eagle unless they could sell the business to a party Nikitopoulos would be willing to negotiate a lease with.

In the midst of the stalemate, Nikitopoulos offered to buy the business (and most important, the liquor license) from Gardiner and Banks, who refused saying they’d already agreed to sell to Hennis and his partners. Nikitopoulos then approached Hennis, suggesting Hennis purchase the business as planned and then sell him the liquor license. When Hennis also turned down the landlord’s offer — without the liquor license, Hennis wouldn’t actually own the bar — he disappeared from the conversations.

At the April 12 demonstration, mayoral candidate Bevan Dufty called for the stakeholders involved to recognize that in a city that “values history — indeed, is defined by history,” the lease on the Eagle is “more than just a business transaction.

“The owner of this building needs to come to the table and talk about this,” he urged.

But Nikitopoulos, a resident of Santa Rosa who inherited the property from his father, hasn’t responded to Hennis, reporters, or even to calls from Sup. Wiener. He was, however, reportedly in communication with Englebrecht when the Skylark owner swept in to purchase the space and liquor license — but not the name or the leather culture.

Though Englebrecht withdrew, supporters worry Nikitopoulos could potentially negotiate a lease with a different tenant — leaving the bar a casualty of SoMa’s continued gentrification.

Longtime Eagle patron Mike Talley, who has lived in SoMa for more than two decades, fears the Eagle would fit perfectly into a familiar story of luxury lofts, astronomical rent increases, and — inevitably — mass evictions. He explained that what the Chronicle’s late columnist Herb Caen called the Miracle Mile — a strip of SoMa gay and leather bars that once numbered in the dozens — now consists of just a few properties “hanging in there.”

Mark Kliem, a.k.a Sister Zsa Zsa Glamour of the Sisters of Perpetual Indulgence, echoed Talley’s concern, saying, “The rest of the entire world is family-friendly. Why can’t we have this one little half-mile area to call queer space?”

It’s worth noting that the Eagle is by no means exclusively gay. It is famous for its Thursday-night rock shows where, according to an Eagle DJ, “a melting pot of hipsters, stoners, and rockers mixed with the leather crowd.”

“Everyone was cool,” he said. “Everyone was welcome.”

Still, the bar has become an icon of San Francisco’s queer community.

Kim, who represents the district, presented the Eagle with a letter of commendation recognizing its 30 outstanding years as a “venue, cultural institution, safe haven, and home for the LGBT community” at the April 12 meeting.

“You can’t threaten something as important as this institution,” Campos added.

Wiener, Kim, and California Sen. Mark Leno also praised the Eagle at Sunday’s regularly scheduled beer bust. Leno lauded the efforts of local drag queen/community organizer Anna Conda, and referred to the week’s events as “Stonewall West.”

If anything, the week of demonstrations has drawn San Francisco’s queer community closer. And there is hope that the crowd can stay together in the spot they claimed for themselves. One white-horse possibility is Mark Frazier, owner of a Dallas bar also named the Eagle — and also home to a leather crowd.

Seth Munter of Herth Realty in San Francisco said Frazier has been eyeing the SF Eagle for more than a year, and that he is “interested and able to participate in continuing the Eagle as it has been, either with partners or on his own.”

Reached by phone in Dallas, Frazier told us he’s dreamt of the business since before his own Eagle took flight in 1995. “I think the San Francisco Eagle has a lot of history and a core base of support,” he said. “Any time you go into a business with so much support, it’s going to be successful.”

Frazier stressed that like the SF original, his Eagle has raised substantial sums for charity. Though he acknowledged that the bottom line of all businesses is to make money, “the successful ones continue to give back to the community — and not only monetarily.”

So far, Frazier said he has “exchanged e-mails with the powers that be” and that he is confident the Eagle’s troubles stem from a “communication gap” he could help fix.

Hennis expressed hope about the possibility of working with Frazier in addition to pursuing other options like historical preservation.

Demonstrators have penned more than 100 hand-written letters to the Historic Preservation Commission urging it to assign the Eagle landmark status. Commissioner Alan Martinez said such a process could cost thousands of dollars and would not “grant the right to dictate businesses or tenants.”

Still, he announced publicly that giving the building historic status is not “about turning the city into a museum — it’s about our history.”

Though landmark status protects the physical property, it would also provide legitimacy, an instantaneous way to tell the building’s story and bind the community together. And no matter what happens with the sale of the Eagle, that’s one possibility that flies.

 

Extra! Nevius finds a bad landlord!

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Our old buddy C.W. Nevius actually found a landlord he doesn’t like — a guy named Peter Iskander who is trying to toss some seniors and disabled people out on the streets. In a classic bleeding-heart column April 17, he lamented the pending evictions, which would pave the way for the landlord to turn some rental units into tenancies in common:


Imagine the sight of Carlo Tarrone, who is in his 70s and uses a walker, and Sandy Bishop, who is 70 and has lung cancer, forced out of their homes.


Imagine it, Chuck. It happens all the time. It’s been happening for years in this city (and elsewhere), in large part because of the Ellis Act, a truly abominable law that paves the way for landlords to evict tenants and then sell the units for fast cash. Nevius seems to understand that the Ellis Act is behind this particular horror story — but instead of suggesting that the law ought to be changed, he ends his column by suggesting that San Francisco ought to make these sorts of evictions more profitable:


Maybe it is time to start looking at ways to get middle-class buyers into San Francisco real estate. Mayor Ed Lee is looking at a one-time “condo bypass,” an idea floated by Mayor Gavin Newsom in 2010, where tenancies in common residents could pay a large fee to be allowed to convert to a condo. No one would be evicted, and the cash-strapped city could gain millions in fees.


Another plan is “fractional” mortgages for tenants in common. Rather than the old model where everyone in the building is part of a large single mortgage, each unit would have its own mortgage, making it sort of a pseudo-condo.


Actually, Chuck,  both of those plans will make condos and TICs more attractive. That means more evictions of old people — and poor people, and middle-class people who want to live in the city and are getting forced out by somewhat richer middle class people. It’s an awful situation, and what Nevius calls for would just make it worse.


When there’s enough publicity, sometimes bad landlords back off, and I’m sure Nevius will celebrate if that happens as the result of his column. I’ll be happy, too; every inappropriate eviction averted is another small victory. But most tenants don’t get daily newspaper columns written about tham, and you can’t fight this battle one case at a time. You need structural reforms, and repealing the Ellis Act is step one.  




Rec & Park begins HANC eviction before Board vote

Just as the Board of Supervisors was gearing up to vote at its Mar. 8 meeting on a resolution defending the Haight Ashbury Neighborhood Council (HANC) Recycling Center against eviction from Golden Gate Park, Sup. Ross Mirkarimi noted that the Recreation & Parks Department had already filed an unlawful detainer against HANC, the first legal move in an eviction process. “I think that only escalates the matter, in what I believe is an unprincipled way,” Mirkarimi said.

“It’s very unfortunate that we did have this unlawful detainer action being filed,” Sup. David Campos noted. “I am hopeful that the city reconsiders that action.”

Mirkarimi had originally drafted the resolution to urge Rec & Park to “rescind the eviction of the HANC Recycling Center from Golden Gate Park.”
Board President David Chiu made a move to amend Mirkarimi’s resolution, replacing the part about rescinding the eviction with some language calling for Rec & Park to “negotiate in good faith.” Mirkarimi’s resolution also requested the Rec & Park and the Department of the Environment to establish a “comprehensive Parks recycling program utilizing the expertise, volunteer base, and facilities of the HANC Recycling Center in Golden Gate Park.”

Mirkarimi stressed the need for the city to assist HANC in finding a new location, and questioned how the loss of the recycling service offered by HANC could possibly be replaced by vending machines in nearby grocery stores. “We’re going to have a people-traffic problem … I guarantee that that problem’s going to escalate exponentially,” Mirkarimi said.

Mirkarimi’s resolution passed 6-5, with Sups. Scott Wiener, Carmen Chu, Malia Cohen, Sean Elsbernd, and Mark Farrell dissenting. However, the District 5 supervisor acknowledged in his comments that Rec & Park is not accountable to the board, so the resolution may not have any effect on the outcome. “Let’s keep in mind, decisions by Rec & Park — it’s one of two commissions citywide whose decisions are not appealable by the Board of Supervisors,” Mirkarimi said. “They work as a parallel government.” As things stand, Rec & Park commissioners are appointed by the mayor. Alluding to a charter amendment that would have changed that governance to include Board of Supervisors’ appointees, Mirkarimi said, “I’m sure soon that that’s going to come back.”

Reached by phone, Rec & Park Policy and Public Affairs Director Sarah Ballard did not directly answer a question about why Rec & Park went ahead with the legal filings for HANC’s eviction before the Board had a chance to vote on Mirkarimi’s resolution. “We have plans to build a community garden at that site,” Ballard said. “And we’d like to get started.”

Eric Brooks, speaking on behalf of Our City, did not mince words during public comment. “This is an agency that is out of control, totally full of itself, and belligerent to the Board of Supervisors and toward the public when it comes to these issues,” Brooks said. “I think it’s really time for the Board of Supervisors to take strong action to democratize Rec & Park, to change the way that the Rec & Park Commission is constructed so that the Board has a majority of those selected — until this agency can show that it’s not a rogue agency.”

Board to vote on resolution opposing HANC eviction

Last week, Mayor Ed Lee met for around 45 minutes with Ed Dunn and Jim Rhoads of the Haight Ashbury Neighborhood Council (HANC) Recycling Center, Melanie Nutter of the Department of the Environment, and some others who have been in discussions over HANC’s pending eviction from Golden Gate Park.

“The mayor wanted us to consider alternatives to the site we’re in,” Rhoads told the Guardian after the meeting. He noted that ideas had been floated about relocating HANC to a parcel owned by the Port of San Francisco in District 10, or creating a mobile recycling unit.

“He clearly had been lobbied hard by his own staff,” Rhoads said of Lee, referring to Rec & Park General Manager Phil Ginsburg and others in that department who recommended HANC’s removal from Golden Gate Park.

But HANC doesn’t want to relocate, and the organization has the support of several members of the Board of Supervisors. At today’s March 8 Board of Supervisors meeting, the board will vote on a resolution “requesting the Recreation and Parks Department to rescind the eviction of the HANC Recycling Center from Golden Gate Park,” sponsored by Sups. Ross Mirkarimi, John Avalos, Eric Mar, and David Campos. While the Board cannot compel the Recreation & Park department to reverse its decision, Lee does have that authority.

Meanwhile, HANC’s attorney, Robert DeVries, believes that the notice of termination issued by Rec & Park was improper under state tenant laws, and he issued a letter to the city last week stating as much. March 4, the date Rec & Park named as the termination of HANC’s lease, came and went without incident, and HANC is likely to file a lawsuit if the city moves to carry out an eviction.

Until that happens, “We’re just going to continue to operate,” Rhoads said, “for what period of time, I don’t know.”

Sorry, Chuck, it’s not over yet

A Saturday editorial by the Chronicle’s C.W. (Chuck) Nevius suggested that the Haight Ashbury Neighborhood Council (HANC) Recycling Center would face final closure this coming Friday, March 4, because the Recreation & Park Department had issued a notice stating that the lease would be terminated on that date.

“There are rumors that recycling director Ed Dunn might channel his spirit of the Haight in the ’60s and chain himself to the fence in protest,” Nevius wrote in a derisive column which ended with the phrase: “But this is over.” These fighting words inspired HANC to issue a press release of its own, announcing it was in need of thousands of feet of chain for a possible March 4 showdown. But that, apparently, was meant to be tongue-in-cheek. It’s now sounding as if there won’t be much happening at the recycling center that day at all, except maybe some recycling, native plant sales, and compost turning.

There will be more to report on this subject soon, including new legal questions surrounding the eviction. But for now, the Guardian has received word from the San Francisco Sheriff’s Department that the Sheriff has no plans to carry out a HANC eviction on March 4.

“We will not be involved in any way until we get a valid court order,” explained Sheriff spokesperson Eileen Hirst. “We’ve heard nothing ordering us to carry out an eviction,” she said.

Generally, Hirst added, the Sheriff’s department only carries out evictions on Wednesdays, covering half the city’s territory at a time. The department typically posts a notice before going through with an eviction.

Meet the new boss

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The Guardian hasn’t been invited into City Hall’s Room 200 for a long time. Former Mayor Gavin Newsom, who frequently criticized this newspaper in his public statements, had a tendency to freeze out his critics, adopting a supercilious and vinegary attitude toward any members of the press who questioned his policy decisions. So it was almost surreal when a smiling Mayor Ed Lee cordially welcomed two Guardian reporters into his stately office Feb. 15.

Lee says he plans to open his office to a broader cross-section of the community, a move he described as a way of including those who previously felt left out. Other changes have come, too. He’s replaced Newsom’s press secretary, Tony Winnicker, with Christine Falvey, former communications director at the Department of Public Works (DPW). He’s filled the Mayor’s Office with greenery, including giant tropical plants that exude a calming green aura, in stark contrast to Newsom — whose own Room 200 was sterile and self-aggrandizing, including a portrait of Robert Kennedy, in whose footsteps Newsom repeatedly claimed to walk.

When it comes to policy issues, however, some expect to see little more than business-as-usual in the Mayor’s Office. Democratic Party chair Aaron Peskin, a progressive stalwart, said he sees no substantive changes between the new mayor and his predecessor. “It seems to me that the new administration is carrying forward the policies of the former administration,” Peskin said. “I see no demonstrable change. And that makes sense. Lee was Willie Brown and former Mayor Gavin Newsom’s handpicked successor. So he’s dancing with the guys that brought him in.”

Sup. David Campos, viewed as part of the city’s progressive camp along with Peskin, took a more diplomatic tack. “So far I’ve been very pleased with what I’ve seen,” Campos noted. “I really appreciate that he’s reached out to the community-based organizations and come out to my district and done merchant walks. I think we have to wait to see what he does on specific policy issues.”

But while Lee has already garnered a reputation for being stylistically worlds apart from Newsom, he still hews close to his predecessor’s policies in some key areas. In our interview, Lee expressed an unwillingness to consider tax-revenue measures for now, but said he was willing to take condo conversions into consideration as a way to bring in cash. He was unenthusiastic about community choice aggregation and dismissive of replacing Pacific Gas & Electric Co. with a public-power system. He hasn’t committed to overturning the pending eviction of the Haight Ashbury Neighborhood Council’s recycling center, and he continued to argue for expanding Recology’s monopoly on the city’s $206 million annual trash stream, despite a recent Budget and Legislative Analyst’ report that recommended putting the issue to the voters.

Public Defender Jeff Adachi, who met Lee in 1980 through the Asian Law Caucus, said Lee would be facing steep challenges. “It’s a fascinating political karmic outcome that he is now our appointed mayor. He didn’t seek it out, as he says, but the opportunity he has now is to focus his efforts on fixing some of the problems that have gone unaddressed for decades, pension reform being one of them. I think he realizes he has a limited time to achieve things of value. The question I and others have is, can he do it?”

 

THE RELUCTANT MAYOR

Lee identified as a non-politician, patently rejecting the notion that he would enter the race for mayor. In meetings with members of the Board of Supervisors at the end of 2010, he said he didn’t want the job.

Yet while vacationing in Hong Kong, Lee became the subject of a full-court press. “When the lobbying and phone calls started … clearly they meant a lot to me,” Lee told us, adding that the choice “was very heavy on my mind.” He finally relented, accepting the city’s top post.

Although rumors had been circulating that Lee might seek a full term, he told the Guardian he’s serious about serving as a caretaker mayor. “If I’m going to thrust all my energy into this, I don’t need to have to deal with … a campaign to run for mayor.”

Adachi offered an interesting take on Lee as caretaker: “Somewhere along the way, [Lee] became known as the go-to guy in government who could take care of problems,” Adachi said, “like the Wolf in Pulp Fiction.”

Sounding rather unlike Harvey Keitel’s tough-talking character, Lee noted, “One of my goals is to rebuild the trust between the Mayor’s Office and the Board of Supervisors. I think I can do that by being consistent with the promises I make.”

Lee’s vows to keep his promises, mend rifts with the board, and stay focused on the job could be interpreted as statements intended to set him apart from Newsom, who was frequently criticized for being disengaged during his runs for higher office, provoking skirmishes with the board, and going back on his word.

The new mayor also said he’d be willing to share his working calendar with the public, something Newsom resisted for years. Kimo Crossman, a sunshine advocate who was part of a group that began submitting requests for Newsom’s calendar in 2006, greeted this news with a wait-and-see attitude. “I’ve already put in a request,” Crossman said. “Politicians are always in support of sunshine — until they have to comply with it.”

 

THE ELEPHANT IN THE ROOM

Pointing to the tropical elephant-ear plants adorning his office, Lee noted that elephants are considered lucky in Chinese culture. With the monstrous issues of pension reform and a gaping budget deficit hitting his mayoral term like twin tornadoes, it might not hurt to have some extra luck.

Pension reform is emerging as the issue du jour in City Hall. A round of talks on how to turn the tide on rising pension costs has brought labor representatives, Sup. Sean Elsbernd, billionaire Warren Hellman, City Attorney Dennis Herrera, labor leaders, and others to the table as part of a working group.

Gabriel Haaland, who works for SEIU Local 1021, sounded a positive note on Lee. “He’s an extraordinarily knowledgeable guy about government. He seems to have a very collaborative working style and approach to problem-solving, and he is respectful of differing opinions,” Haaland said. “Where is it going to take us? I don’t know yet.”

Lee emphasized his desire to bring many stakeholders together to facilitate agreement. “We’re talking about everything from limiting pensionable salaries, to fixing loopholes, to dealing with what kinds of plans we can afford in the health care arena,” he noted. Lee said the group had hashed out 15 proposals so far, which will be vetted by the Controller’s Office.

A central focus, Lee said, has been “whether we’ve come to a time to recognize that we have to cap pensions.” That could mean capping a pension itself, he said, or limiting how much of an employee’s salary can be counted toward his or her pension.

Since Lee plans to resume his post as city administrator once his mayoral term has ended, he added a personal note: “I want to go back to my old job, do that for five years, and have a pension that is respectable,” he said. “At the same time, I feel others who’ve worked with me deserve a pension. I don’t want it threatened by the instability we’re headed toward and the insolvency we’re headed toward.”

 

BRACING FOR THE BUDGET

If pension reform is shaping up to be the No. 1 challenge of Lee’s administration, tackling the city budget is a close second. When Newsom left office, he passed Lee a budget memo containing instructions for a 2.5 percent reduction in most city departments, part of an overarching plan to shave 10 percent from all departments plus another 10 percent in contingency cuts, making for a bruising 20 percent.

Lee said his budget strategy is to try to avert what Sup. David Chiu once characterized as “the typical Kabuki-style budget process” that has pitted progressives against the mayor in years past. That means sitting down with stakeholders early.

“I have opened the door of this office to a number of community groups that had expressed a lot of historical frustration in not being able to express to the mayor what they feel the priorities of their communities are,” Lee said. “I’ve done that in conjunction with members of the Board of Supervisors, who also felt that they weren’t involved from the beginning.”

Affordable-housing advocate Calvin Welch said Lee’s style is a dramatic change. “I think he’s probably equaled the total number of people he’s met in six weeks with the number that Newsom met in his seven years as mayor,” Welch said.

Sup. Carmen Chu, recently installed as chair of the Budget & Finance Committee, predicted that the budget will still be hard to balance. “We are still grappling with a $380 million deficit,” Chu told us, noting that there are some positive economic signs ahead, but no reason to expect a dramatic improvement. “We’re been told that there is $14 million in better news. But we still have the state budget to contend with, and who knows what that will look like.”

Sup. John Avalos, the former chair of the Board’s powerful Budget Committee, said he thinks the rubber hasn’t hit the road yet on painful budget decisions that seem inevitable this year — and the outcome, he said, could spell a crashing halt to Ed Lee’s current honeymoon as mayor.

“We are facing incredible challenges,” Avalos said, noting that he heard that labor does not intend to open up its contracts, which were approved in 2010 for a two-year period. And federal stimulus money has run out.

 

DID SOMEONE SAY “CONDO CONVERSIONS”?

Asked whether he supported new revenue measures as a way to fill the budget gap, Lee initially gave an answer that seemed to echo Newsom’s inflexible no-new-taxes stance. “I’m not ready to look at taxes yet,” he said.

He also invoked an idea that Newsom proposed during the last budget cycle, which progressives bitterly opposed. In a conversation with community-based organizations about “unpopular revenue-generating ideas,” Lee cautioned attendees that “within the category of unpopular revenue-generating ideas are also some that would be very unpopular to you as well.”

Asked to explain, Lee answered: “Could be condo conversion. Could be taxes. I’m not isolating any one of them, but they are in the category of very unpopular revenue-generating ideas, and they have to be carefully thought out before we determine that they would be that seriously weighed.”

Ted Gullicksen, who runs the San Francisco Tenants Union, said tenant advocates have scheduled a meeting with Lee to talk about condo conversions. Thanks to Prop. 26’s passage in November 2010, he said, any such proposal would have to be approved by two-thirds of the board or the voters. “It’s pretty clear that any such measure would not move forward without support from all sides,” Gullicksen said. “If anyone opposes it, it’s going to go nowhere.”

Gullicksen said he’d heard that Lee is willing to look at the possibility of significant concessions to renter groups in an effort to broker a condo conversion deal, such as a moratorium on future condo conversions. “If, for example, 1,000 TICs [tenants-in-common] became condos under the proposal, then we’d need a moratorium for five years to minimize and mitigate the damages,” Gullicksen explained.

More important, some structural reform of TIC conversions may be on the table, Gullicksen said. “And that would be more important than keeping existing TICs from becoming condos.”

Gullicksen acknowledged that Lee has the decency to talk to all the stakeholders. “Newsom never attempted to talk to tenants advocates,” he said.

 

GREEN, WITHIN LIMITS

Lee’s two children are in their early 20s, and the mayor said he takes seriously the goal of being proactive on environmental issues in order to leave them with a more sustainable San Francisco. He trumpeted the city’s green achievements, saying, “We’re now on the cutting edge of environmental goals for the city.”

Leading bicycle activist Leah Shahum of the San Francisco Bicycle Coalition had praise for Lee on bike issues. “I’m really encouraged by his very public support of the new green separate bikeways on Market Street and his interest and commitment to creating more,” she said. “I believe Mayor Lee sees the value of connecting the city with cross town bicycle lanes, which serve a wide range of folks, including business people and families.”

Yet some proponents of green causes are feeling uncertain about whether their projects will advance under Lee’s watch.

On the issue of community choice aggregation (CCA), the ambitious green-energy program that would transfer Pacific Gas & Electric Co. customers to a city-run program with a cleaner energy mix, Lee — who helped determine rates as city administrator — seemed lukewarm. “I know Mr. [Ed] Harrington and his staff just want to make sure it’s done right,” he said, referring to the general manager of the city’s Public Utilities Commission, whose tepid attitude toward the program has frequently driven him to lock horns with the city’s chief CCA proponent, Sup. Ross Mirkarimi.

Lee noted that CCA program goals were recently scaled back. He also said pretty directly that he opposes public power: “We’re not in any day getting rid of PG&E at all. I don’t think that is the right approach.”

The controversial issue of the Haight Ashbury Neighborhood Council Recycling Center’s pending eviction from Golden Gate Park still hangs in the balance. The Recreation and Park Commission, at Newsom’s behest, approved the eviction despite overwhelming community opposition.

Lee said he hadn’t looked at the issue closely. “I do know that there’s a lot of strong debate around the viability, what that operation attracts and doesn’t attract,” he said. “I had the owner of HANC here along with a good friend, Calvin Welch, who made a plea that I think about it a bit. I agreed that I would sit down and talk with what I believe to be the two experts involved in that decision: Melanie Nutter at the Department of the Environment and then Phil Ginsburg at the Rec and Park.” Nutter and Ginsburg supported HANC’s eviction.

Welch, who is on the board of HANC, noted that Lee could be swayed by his staff. “The bunch around Newsom had old and bad habits, and old and bad policies. In dealing with mayors over the years, I know how dependent they are on their staff. They’re in a bubble, and the only way out is through a good staff. Otherwise, Lee will come to the same conclusions as Newsom.”

HANC’s Jim Rhoads told the Guardian he isn’t feeling reassured. “He said he would keep asking people about it. Unfortunately, if he asked his own staff, it would be a problem because they’re leftovers from Newsom.”

Speaking of leftovers, Lee also weighed in on the debate about the city’s waste-management contract — and threw his support behind the existing private garbage monopoly. Campos is challenging a perpetual waste-hauling contract that Recology has had with the city since 1932, calling instead for a competitive-bidding process. When the Department of the Environment recommended awarding the city’s landfill disposal contract to Recology last year, it effectively endorsed a monopoly for the company over managing the city’s entire waste stream, at an estimated value of $206 million per year.

The final decision to award the contract was delayed for two months at a February Budget & Finance Committee hearing. Campos is contemplating putting the issue to the voters this fall, provided he can find six votes on the Board.

“I know that Sup. Campos had given his policy argument for why he wants that revisited,” Lee said. “I have let him know that the Recology company in its various forms has been our very dependable garbage-hauling company for many, many decades. … I feel that the company has justified its privilege to be the permit holder in San Francisco because of the things that it has been willing to do with us. Whether or not we want to use our time today to revisit the 1932 ordinance, for me that wouldn’t be a high priority.”

 

UNFINISHED BUSINESS

In the last week of 2010, Avalos pushed through groundbreaking local-hire legislation, without the support of then Mayor Gavin Newsom or his chief of staff, Steve Kawa, who wanted Avalos to back off and let Newsom takeover the task.

With Lee now in Room 200, things appear to be moving forward on local hire, in face of misleading attacks from Assemblymember Jerry Hill (D-San Mateo), who wants to make sure no state money is used on local-hire projects, presumably because the building trades are upset by it. And Kawa, whom Lee has retained as chief of staff, doesn’t really support the legislation. Indeed, Kawa’s presence in the Mayor’s Office has his detractors believing that the new boss in Room 200 is really the same as the old boss.

“I feel like things are moving forward in the right direction around local hire, though a little more quietly than I’d like,” Avalos told the Guardian. Avalos noted that he is going to hold a hearing in March on implementing the legislation that should kick in March 25.

Welch said he believes that if Lee starts replacing staff wholesale, it could indicate two things: he’s a savvy guy who understands the difficulties of relying on Newsom’s chief of staff Steve Kawa for a budget, and he’s not ruling out a run for mayor.

“If I was in his position, the first thing out of my mouth would be, ‘I’m not running.’ I think he’s very focused in the budget. And it’s going to make or break him. But if he starts overriding Kawa and picks staff who represent him … well, then I’d revisit the question of whether he’s contemplating a run for mayor, say, around June.”

Danny Glover, DCCC stand up for HANC

The Haight Ashbury Neighborhood Council (HANC) Recycling Center has gained some powerful allies in its ongoing fight against eviction.

A YouTube video posted over the weekend shows actor Danny Glover, a resident of the Haight, sitting in his car at the recycling center. If it were shut down, “I would be dismayed,” Glover tells a staff member. He also says, “It would be a tragedy. It would be a great loss to this city.” (Scroll down to watch.)

On Jan. 26, the Democratic County Central Committee (DCCC) voted in favor of a resolution calling for the HANC recycling center to stay at its location behind the Kezar Stadium in Golden Gate Park. The statement noted that “San Francisco is notoriously underserved by recycling centers,” adding that “people want to receive their California Redemption Value deposit, especially in this depressed economy, which can only be done at recycling centers.”
 
In recent weeks, Sup. Eric Mar told the Guardian he was strongly supportive of the recycling center’s continued operation in the park. He added that he planned to encourage Mayor Ed Lee to overturn the eviction.

The San Francisco Recreation & Park Commission voted in December 2010 to evict the recycling center from a paved lot in Golden Gate Park, where it has been operating for more than three decades. Since the center was originally on a quarterly lease, it was given 90 days notice — but HANC’s lawyer contends that it could legally occupy the property till June.

The eviction, supported by former Mayor Gavin Newsom and a commission composed of his appointees, was widely viewed by recycling center supporters as a form of political payback. HANC, a progressive organization that was at odds with the Newsom administration on a variety of issues, was particularly outspoken against the sit/lie ordinance, which Newsom placed on the ballot.

A neighborhood group, the Inner Sunset Park Neighbors, also supported the ouster of HANC, citing quality-of-life issues such as aggressive panhandling and public safety concerns that the group believes to be linked to recycling center patrons. Rec & Park plans to use the lot for a community garden, at a cost of $250,000.

http://www.youtube.com/watch?v=l09tUCChOiA

Lee should stop the recycling eviction

3

EDITORIAL Mayor Ed Lee needs to demonstrate, as we noted last week, that he’s making a clean break from the politics and policies of the Newsom administration — and there are things he can do immediately to reassure San Franciscans that he’s going to offer more than another 11 months of a failed administration.

He can start by calling off the eviction of the Haight Ashbury Neighborhood Recycling Center.

The move by Newsom to evict the recycling center, on the edge of Golden Gate Park, was part of his administration’s war on the poor. It made no sense from a financial or environmental perspective. The center, which pays rent to the city, would be replaced by a community garden, which would pay nothing. The center creates green jobs that pay a living wage; all the workers would be laid off under Newsom’s plan. The center also operates a native plant nursery and provides a drop-off recycling site for local businesses.

A community garden makes only limited sense in a shady area that gets fog most of the year.

The only reason Newsom was determined to get rid of the place is that low-income people who collect bottles and cans around the city (an environmentally positive activity, by the way) come by the center to drop them off and pick up a little cash. Some of the wealthier residents of the Haight don’t like poor people wandering through their neighborhood. It’s class warfare, declared by the Newsom administration — and Lee, who got his start as a poverty lawyer, doesn’t have to tolerate it.

Lee should direct the Recreation and Parks Department to cease the eviction proceedings and negotiate a long-term lease for the Frederick Street site.

It seems like a small item in the long list of issues the new mayor will have to deal with — but the HANC recycling center has strong symbolic importance. Ending the eviction and allowing the center to stay would be a sign that Lee intends to be a mayor who is willing to work with the progressives and that he’s not going to try to solve all the city’s problems by blaming, harassing, and criminalizing people who are barely surviving in San Francisco.

The new mayor could take another simple step toward broad credibility by opening up his office — to the public and the press. Under Newsom, Room 200 was an unfriendly place to outsiders, and often the news media were treated as enemies. Lee should start holding regular press conferences — not just stage-managed events designed to showcase one issue, but broad-ranging, open sessions where reporters can ask questions about anything his administration is doing. And he ought to direct his press office to make compliance with the Sunshine Ordinance a priority.

For starters, he could release whatever proposed budget cuts Newsom left behind. It’s hard to believe the former mayor just turned them over to Lee without a list of things that were on the chopping block. The sooner the public sees where the previous administration was going, the sooner we can all determine what, if anything, Lee will do differently.

Editorial: New Mayor Ed Lee should stop the recycling eviction

8

Mayor Ed Lee needs to demonstrate, as we noted in last week’s editorial, that he’s making a clean break from the politics and policies of the Newsom administration and there are things he can do immediately to reassure San Franciscans that he’s going to offer more than another 11 months of a failed administration.

He can start by calling off the eviction of the Haight Ashbury Neighborhood Recycling Center.

The move by Newsom to evict the recycling center, on the edge of Golden Gate Park, was part of his administration’s war on the poor. It made no sense from a financial or environmental perspective. The center, which pays rent to the city, would be replaced by a community garden, which would pay nothing. The center creates green jobs that pay a living wage; all the workers would be laid off under Newsom’s plan. The center also operates a native plant nursery and provides a drop-off recycling site for local businesses.

A community garden makes only limited sense in a shady area that gets fog most of the year.

The only reason Newsom was determined to get rid of the place is that low-income people who collect bottles and cans around the city (an environmentally positive activity, by the way) come by the center to drop them off and pick up a little cash. Some of the wealthier residents of the Haight don’t like poor people wandering through their neighborhood. It’s class warfare, declared by the Newsom administration and Lee, who got his start as a poverty lawyer, doesn’t have to tolerate it.

Lee should direct the Recreation and Parks Department to cease the eviction proceedings and negotiate a long-term lease for the Frederick Street site.

It seems like a small item in the long list of issues the new mayor will have to deal with but the HANC recycling center has strong symbolic importance. Ending the eviction and allowing the center to stay would be a sign that Lee intends to be a mayor who is willing to work with the progressives and that he’s not going to try to solve all the city’s problems by blaming, harassing, and criminalizing people who are barely surviving in San Francisco.

The new mayor could take another simple step toward broad credibility by opening up his office to the public and the press. Under Newsom, Room 200 was an unfriendly place to outsiders, and often the news media were treated as enemies. Lee should start holding regular press conferences not just stage-managed events designed to showcase one issue, but broad-ranging, open sessions where reporters can ask questions about anything his administration is doing. And he ought to direct his press office to make compliance with the Sunshine Ordinance a priority.

For starters, he could release whatever proposed budget cuts Newsom left behind. It’s hard to believe the former mayor just turned them over to Lee without a list of things that were on the chopping block. The sooner the public sees where the previous administration was going, the sooner we can all determine what, if anything, Lee will do differently.  

Editor’s Notes

2

tredmond@sfbg.com

Former Mayor Willie Brown says that choosing a person of color for a leadership position should be a progressive value. Board of Supervisors President David Chiu says the new mayor, Ed Lee, is a progressive. Several supervisors and other political observers say the six-vote progressive majority on the board is gone.

And nobody really talks about what that word means.

Progressive is a term with a long political vintage, but it’s changed (as has the political context) since the 1920s. (Progressives these days aren’t into Prohibition.) So I’m going to take a few minutes to try to sort this out.

I used to tell John Burton, the former state senator, that a progressive was a liberal who didn’t like real estate developers. But that was in the 1980s, when the Democratic Party in town was funded by Walter Shorenstein and other developers who were happy to be part of the party of Dianne Feinstein, happy to be liberals on some social issues (Shorenstein insisted that the Chamber of Commerce hire and promote more women), and happy to promote liberal candidates like John and Phil Burton for state and national office — as long as they didn’t mess with the gargantuan money machine that was high-rise office development in San Francisco.

But these days it’s not all about real estate; it’s that the level of economic inequality in the United States has risen to levels unseen since the late 1920s. So I sat down on a Saturday night when the kids went to bed(yeah, this is my social life) and made a list of what I think represent the core values of a modern American progressive. It’s a short list, and I’m sure there’s stuff I’ve left off, but it seems like a place to start.

This isn’t a litmus test list (we’ve endorsed plenty of people who don’t agree with everything on it). It’s not a purity test, it’s not a dogma, it’s not the rules of entry into any political party … it’s just a definition. My personal definition.

Because words don’t mean anything if they don’t mean anything, and progressive has become so much of a part of the San Francisco political dialogue that it’s starting to mean nothing.

For the record: when I use the word "progressive," I’m talking about people who believe:
1. That civil rights and civil liberties need to be protected for everyone, even the most unpopular people in the world. We’re for same-sex marriage, of course, and for sanctuary city and protections for immigrants who may not have documentation. We’re also in favor of basic rights for prisoners, we’re against the death penalty, and we think that even suspected terrorists should have the right to due process of law.
2. That essential public services — water, electricity, health care, broadband — should be controlled by the public, not by private corporations. That means public power and single-payer government run health insurance.
3. That the most central problem facing the city, the state, and the nation today is the dramatic upward shift of wealth and income and the resulting economic inequality. We believe that government at every level — including local government right here in San Francisco — should do everything possible to reduce that inequality. That means taxing high incomes, redistributing wealth, and using that money for public services (education, for example) that tend to help people achieve a stable middle-class lifestyle. We believe that San Francisco is a rich city, with a lot of rich people, and that if the state and federal government won’t try to tax them to pay for local services, the city should.
4. That private money has no place in elections or public policy. We support a total ban on private campaign contributions, for politicians and ballot measures, and support public financing for all elections. Corruption — even the appearance of corruption — taints the entire public sector and helps the fans of privatization, and progressives especially need to understand that.
5. That the right to private property needs to be tempered by the needs of society. That means you can’t just put up a highrise building anywhere you want in San Francisco, of course, but it also means that the rights of tenants to have stable places for themselves and their families to live is more important than the rights of landlords to maximize return on their property. That’s why we support strict environmental protections, even when they hurt private interests, and why be believe in rent control, including rent control on vacant property, and eviction protections and restrictions on condo conversions. We think community matters more than wealth, and that poor people have a place in San Francisco too — and if the wealthier classes have to have less so the city can have socioeconomic diversity, that’s a small price to pay. We believe that public space belongs to the public and shouldn’t be handed over to private interests. We believe that everyone, including homeless people, has the right to use public space.
6. That there are almost no circumstances where the government should do anything in secret.
7. That progressive elected officials should use their resources and political capital to help elect other progressives — and should recognize that sometimes the movement is more important that personal ambitions.

I don’t know if Ed Lee fits my definition of a progressive. He hasn’t taken a public position on any major issues in 20 years. We won’t know until we see his budget plans and learn whether he thinks the city should follow Gavin Newsom’s approach of avoiding tax increases and simply cutting services again. We won’t know until he decides what to tell the new police chief about enforcing the sit-lie law. We won’t know until we see whether he keeps Newsom’s staff in place or brings in some senior people with progressive values.
I agree that having an Asian mayor in San Francisco is a very big deal, a historic moment — and as Lee takes over, I will be waiting, and hoping, to be surprised.