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Endorsements 2008: San Francisco measures

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SAN FRANCISCO MEASURES

Proposition A

San Francisco General Hospital bonds

YES, YES, YES


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

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

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

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

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

Proposition B

Affordable housing fund

YES, YES, YES


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

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

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

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

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

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

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

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

Proposition C

Ban city employees from commissions

NO


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

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

Proposition D

Financing Pier 70 waterfront district

YES


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

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

Proposition E

Recall reform

YES


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

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

Proposition F

Mayoral election in even-numbered years

YES


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

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

Proposition G

Retirement system credit for unpaid parental leave

YES


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

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

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

Proposition H

Clean Energy Act

YES, YES, YES


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

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

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

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

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

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

Proposition I

Independent ratepayer advocate

NO


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

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

Proposition J

Historic preservation commission

YES


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

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

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

Proposition K

Decriminalizing sex work

YES


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

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

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

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

Proposition L

Funding the Community Justice Center

NO


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

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

Proposition M

Tenants’ rights

YES


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

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

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

Proposition N

Real property transfer tax

YES, YES, YES


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

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

Proposition O

Emergency response fee

YES, YES, YES


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

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

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

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

Proposition P

Transportation Authority changes

NO, NO, NO


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

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

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

Proposition Q

Modifying the payroll tax

YES, YES, YES


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

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

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

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

Proposition R

Naming sewage plant after Bush

NO


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

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

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

Proposition S

Budget set-aside policy

NO


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

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

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

Proposition T

Free and low-cost substance abuse treatment

YES


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

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

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

Proposition U

Defunding the Iraq War

YES


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

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

Proposition V

Bringing back JROTC

NO, NO, NO


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

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

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

>>More Endorsements 2008

Laid, paid, played

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› kimberly@sfbg.com

"The problem with you is that you have a shitty way of looking at things. I just look at the dopeness, but you just look at the wackness." Ouch. Tough talk coming from the girl of your dreams, but Stephanie — The Wackness‘s been-there, banged-that uptown teenage heartbreaker — turns out to be right on, in her glibly damaged way.

It’s 1994, a moment simultaneously innocent and ominous, heady and paranoia-stoking: the year Kurt Cobain checks out of this temporal plane, while the Notorious B.I.G., OutKast, Nas, and assorted members of the Wu-Tang Clan check in with name-making first albums. New York City’s new mayor, Rudolph Giuliani, is taking his crackdown on so-called quality-of-life crimes citywide, giving his police department more power to put the kibosh on graffiti, public beer drinking, and loud boom boxes. The threat of imminent arrest hangs, seldom spoken, over Luke Shapiro (Josh Peck), who’s just graduated from high school and selling pot as the summer days melt away before his college years begin. Lonely and socially awkward, Luke either withdraws from reality, playing videogames and listening to rap, or stays at a safe remove, choosing a remote perch above the crowd at parties. The latter tactic comes in handy as he witnesses his parents’ squabbling and increasing money troubles.

Luke’s sole talent seems to be peddling weed from an ice cream cart as he roams the city. That, and making mixtapes, thanks to ideas caught from his supplier Percy (Method Man, who wittily introduces Luke to the Notorious B.I.G. by way of "The What," a Biggie and Method collabo). His only friend appears to be his therapist, Dr. Squires (Ben Kingsley), a gray-maned boomer who trades sessions for dime bags and is in dire need of some healing himself. Squires’ stepdaughter Stephanie (Olivia Thirlby) is the hopelessly distant beacon of hope in Luke’s firmament, so when the two are stuck in the city for one last summer before irrevocable collegiate change, Luke can’t help but lose his cool.

Turns out it’s the sweaty, sweltering season for everyone: a time to tell truths and strip away shopworn facades. Squires and Luke bond, roving way out of the office. The teen instructs the counselor in the ways of weed dealing, while amping up his business to save his family from eviction. The pair also look to get laid, Squires’ prescription to all of Luke’s ills. And the women do sail through, including Mary-Kate Olsen as Luke’s jam band–y socialite client, who amazingly gets to second base with Squires, a half-mockable, half-empathetic character that Kingsley disappears into with sweaty, beady-eyed desperation.

Writer-director Jonathan Levine shows he learned a thing or two from a youth spent assisting NYC rhapsodist-anthropologist Paul Schrader. Painting this surprisingly gentle étude to an urban youth in sepia hues, he takes care to get the context right, from the vernacular built on "that’s mad crazy" and "that’s really dope" to a soundtrack laced with tunes like A Tribe Called Quest’s "Can I Kick It?". That song’s "Walk on the Wild Side" bassline conjures the gritty, narcotic lassitude of summer in the city while bridging the years between Squires and Luke.

Luke may not be as brainy and broken as Holden Caulfield or as mortality-fixated and mundane as Andrew Largeman of Garden State (2004), but Peck hits the right notes of cringe-inducing yet pungent realism required to turn this potential cipher into a full-fledged character. Especially when Luke dares to reach for dopeness and call Stephanie on a pay phone, and his "I love you" quickly turns into a defensive "OK, if you can’t handle that, fuck it! Fuck you!" Alternately vulnerable, stumbling, and Teflon-clad, the kid will find his way through the urban jungle of his teens, one way or another. 2

THE WACKNESS

Opens Fri/11 at Bay Area theaters

www.sonyclassics.com/thewackness

Tales of the shitty

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› a&eletters@sfbg.com

REVIEW San Francisco is larger than the stories written about it. This is out of necessity: if we all tried to write down everything that happened here, our arms would get tired. And while the city itself is physically and culturally in thrall to many disparate groups, its history is surprisingly open, belonging most often to those who have nothing more than the inclination to take out a pen and start writing.

Exhibit A: Erick Lyle, a punk kid from Florida who makes zines about pulling off petty scams at chain stores. Mix Lyle and San Francisco and something interesting happens — he becomes a bard of the Tenderloin, distributing his missives (written under the name "Turd Caen") out of a stolen newspaper box. He quietly stocks the shelves of the San Francisco Public Library main branch with his work, leaving clippings and photographs in the library’s archives and inserting his zines in the periodicals section.

Lyle’s new book, On the Lower Frequencies: A Secret History of the City (Soft Skull Press, 272 pages, $14.95), is more likely to end up in the general collection of the library through official channels. After all, it’s reasonably book-size and reasonably book-shaped. It has an official-sounding title — and one that, charmingly, betrays a Tales of the City-like solipsism.

On the Lower Frequencies reminds me of Armistead Maupin’s early work in other ways too. Both are emblematic of the times in which they were written. Maupin’s characters fret about sex and identity (mostly sex) while squeezing melons at the Marina Safeway, while Lyle and his friends steal from Safeway and worry where to live next. The threat of eviction hovers over Lyle and his friends like an anvil, and they cope with a campy lightheartedness that is almost Judy Garland-esque. All they really want to do is throw parades, play music, paint murals, drink cheap beer, interview the mayor, and look for ancient steam vents. To achieve those ends, they live on the cheap and squat in building after building, often in the half-second before its conversion into condos (in one case, a wrecking ball almost takes out a few of them.)

None of these are uncommon tropes in punk writing, except for the "interview the mayor" part. The stories around that encounter — and the other interactions that the group has with city government — made me realize how insular and formulaic much zine content can be: interviews with bands x and y, a few squatting and train-hopping stories, and maybe one about hooking up with a girl who has a pet rat. Lyle’s writing is unusual in its intense curiosity about various subcultures and its sheer enthusiasm for discovering how the city does (and doesn’t) work.

Long-time fans of Lyle’s writing should note that virtually everything here has already been self-published, and that more than a little is lost in the transition to placid, even typography. It’s too bad On the Lower Frequencies didn’t get the warts-and-all reprint treatment that Last Gasp gave its Cometbus anthology. This book is for lending. Your earlier copies of Scam, if you have them, are for hoarding. The original format just feels, in some indefinable way, more secret. It’s hard to describe. Let’s just say that it’s the difference between exploring a building you’ve always been interested in under legitimate circumstances, and walking by that same building one night and finding the door unlocked. And that there’s a party going on inside. *


Pixel Vision: an interview with Erick Lyle

The threat of Proposition 98

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

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

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

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

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

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

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

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

Mara Math is a writer and tenant organizer.

Renters fight back

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› gwschulz@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Endorsements

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

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

National races

Congress, District 6

LYNN WOOLSEY


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

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

Congress, District 7

GEORGE MILLER


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

Congress, District 8

NO ENDORSEMENT


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

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

Congress, District 13

PETE STARK


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

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


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

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

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

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

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

State races and propositions

State Senate, District 3

MARK LENO


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State Senate, District 9

LONI HANCOCK


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

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

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

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

State Assembly, District 12

FIONA MA


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

State Assembly, District 13

TOM AMMIANO


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

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

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

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

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

State Assembly, District 14

KRISS WORTHINGTON


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

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

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

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

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

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

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

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

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


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

"We hate 98, but 99 is fine."

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

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

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

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

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

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

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


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

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

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

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

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

Proposition B

City retiree benefits change

YES


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

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

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

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

Proposition C

Benefit denials for convicts

NO


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

But there are drawbacks this measure.

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

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

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

Proposition D

Appointments to city commissions

YES


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

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

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


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

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

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

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

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

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


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

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

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

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

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

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

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

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

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

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

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

But there’s an alternative.

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

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

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

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

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

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


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

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

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

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

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

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

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

San Francisco Democratic County Central Committee

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

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

13th Assembly District

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

12th Assembly District

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

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


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

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

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

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

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

Board of Supervisors, District 5

KEITH CARSON


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

Oakland races

City Attorney

JOHN RUSSO


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

City Council, District 1

JANE BRUNNER


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

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

City Council, District 3

NANCY NADEL


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

City Council, District 5

MARIO JUAREZ


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

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

City Council, District 7

CLIFFORD GILMORE


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

City Council, at large

REBECCA KAPLAN


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

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

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


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

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

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

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


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

School Board, District 5

NOEL GALLO


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

School Board, District 7

ALICE SPEARMAN


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

Alameda County measures

Measure F

Utility users tax

YES


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

Oakland Measure J

Telephone-user tax

YES


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

Shelter shuffle

0

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

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

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

>>Homeless people share their stories

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

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

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

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

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

I turn. "Sure."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"You’ve got to leave by 10," I say.

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

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

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

› amanda@sfbg.com

Bryan Cohen contributed to this report.

Portrait of the artist as an old cop

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› gwschulz@sfbg.com

Imagine Gary Delagnes, president of the San Francisco Police Officers Association, pondering the impact of abstract expressionism on the American zeitgeist with a far-off gaze. Or picture him dressed in fashionably tight jeans, walking his fixed-gear bike to the San Francisco Academy of Art University with a leather portfolio tucked under his skinny arm.

Does that seem incongruous to you? It does to us as well. After all, Delagnes is the very antithesis of an art school student. So why are the POA and Delagnes, a brutish former narcotics officer, lobbying the San Francisco Planning Commission on behalf of the Academy of Art?

The academy, which has been rapidly snapping up properties around town to accommodate its ambitious expansion plans, has become an entity of increasing concern in San Francisco’s dicey world of land-use politics.

The for-profit school, which costs students around $16,500 per year to attend, today owns or controls more than 30 properties across the city, half of which are used to house its students, and expects to take over nearly a dozen more to accommodate approximately 14,500 students by 2017.

In the meantime, the school is facing several enforcement actions initiated by the Planning Department for brazenly making building conversions without bothering to obtain proper permits.

Delagnes was nonetheless first in line at a September 2007 commission meeting held to address the academy’s pending enforcement cases and praised the school as a tremendous asset to the academic community.

"I think that their reputation in San Francisco is unquestioned as some of the finest, true San Franciscans that I know," Delagnes said of the wealthy Stephens family, which owns the Academy of Art. "They are heavily involved and invested in the city of San Francisco and care deeply about its future."

Delagnes’s lobbying on behalf of the academy surprised and appalled at least one commissioner, Hisashi Sugaya, who told the POA president that he was "really offended" someone representing law enforcement was carrying water for a private art school that had flouted the law by racking up alleged planning and building code violations.

Responding in the union’s newsletter, POA vice president Kevin Martin reached a dizzyingly patriotic pitch in denouncing Sugaya as a liberal and demanding he apologize not just to Delagnes but also to the entire union for "demeaning our president" and "censuring his freedom of speech."

Delagnes admitted to the Guardian that his testimony was essentially a "quid pro quo." The academy has supported the POA, even offering special summer apprenticeships to the children of its members. "I’m sure that they were thinking, ‘You know what? The POA is a pretty powerful organization. It wouldn’t hurt to get close to them,’<0x2009>" Delagnes said. "Here came this problem with the Planning Commission. They called me and said, ‘Hey, would you mind going up there and basically saying that we’re a good organization? We’re good people.’<0x2009>"

During the meeting, school president Elisa Stephens, who did not return calls, portrayed the academy as a simple mom-and-pop business ignorant of planning politics and intending to fully cooperate with the city.

"My grandfather was an artist…. We’re an integral part of this community," Stephens told the commissioners. "I live in this community. We’ve been here since the late 1800s. We’re dedicated to this city…. I apologize for not being involved in city politics. I’m involved in education."

But city staffers implied there’s more to the academy’s troubles than a few honest mistakes. In March 2007, the school was hit with a litany of alleged code violations, including 14 properties converted without conditional-use permits and seven made into group housing or modified for other school uses without building permits, Planning Department records show.

Before last year the academy had never submitted an institutional master plan to the city, even though San Francisco’s Planning Code has required them from universities since the 1970s, particularly for a scattered campus that’s in a position to dramatically alter the face of downtown, where the school is primarily located and its private transit buses are ubiquitous.

The academy finally turned one over in 2007 after city planners issued a citation in summer 2006. Afterward the department visited all of the school’s properties and discovered multiple problems with use permits, plus an additional property the academy had recently acquired but didn’t include in its plan.

Code enforcers tried to negotiate with the school, planning staffer Scott Sanchez told the commission. But after department personnel outlined the March 2007 violations for the academy, it simply continued onward, converting 601 Brannan for its own use without any building permits and doing the same at the Star Motel on Lombard, this time without a conditional-use application.

As the department worked to keep up, the academy purchased four new buildings and put its eye on another, all between spring and fall 2007.

"All of our information about their new facilities came from members of the public…. It wasn’t actually through the academy, with whom we thought we had a dialogue about their institutional master plan," Sanchez told the Guardian. "We had something ongoing with them, yet they were not informing us of their new acquisitions, and they weren’t obtaining proper permits for them."

The school, in fact, is accelerating plans to convert 575 Sixth St., known as the San Francisco Flower Mart, into studio space, despite opposition from the Mayor’s Office, the Planning Commission, and the Board of Supervisors. The 30 floral business tenants that currently inhabit the building received eviction notices dated Christmas Eve 2007.

A future academy gymnasium is slated for 620 Sutter, but building it would result in the eviction of the Lorraine Hansberry Theatre, a 25-year-old institution specializing in African American stage performances. The academy already converted part of the building to group housing without a permit.

So what else is the POA getting for its support of the arts? For one, the Academy of Art was a $5,000 putf8um sponsor of the POA’s 2007 charity golf tournament at the StoneTree Golf Club in Novato, beating out dozens of other donors for the top of the list. The exclusive title was used for only three other contributors.

The union’s November 2007 newsletter, which appeared just after Delagnes voiced his support for the school, announced that academy president Stephens had also given POA members working at the police department’s Southern Station in SoMa 15 free underground parking spots on Bluxome, just a short walk from the Hall of Justice and the union’s headquarters.

And that’s the art of politics in San Francisco.

For rent sale

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› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The story of Q

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› sarah@sfbg.com

With just a couple of weeks to go until San Franciscans elect their next mayor, Quintin Mecke, the 34-year-old program director of the Safety Network, has emerged as Gavin Newsom’s top challenger.

Since declaring his candidacy, the fresh-faced Mecke has been endorsed by almost every significant progressive entity in the city, including supervisors Chris Daly and Ross Mirkarimi, BART board member and Livable City director Tom Radulovich, the Harvey Milk LGBT Democratic Club, the San Francisco Tenants Union, and the Guardian.

"Of all the mayoral candidates, Quintin has the longest record of working in the community and on important issues facing the city," said Daly, who was the first to publicly endorse the Pennsylvania native, shortly after Mecke declared his candidacy in August.

But despite his solid list of endorsers, Mecke hasn’t managed to raise much money. He didn’t come close to taking advantage of the mayoral public financing program created by Mirkarimi and approved by the most liberal members of the Board of Supervisors. Mecke said his late entry made it impossible to raise the required $25,000 (from at least 250 donors who could prove San Francisco residency) by the Aug. 28 deadline.

"Had I had more time, I don’t think raising the $25,000 is that much of a challenge," Mecke, a former Peace Corps volunteer, told the Guardian at the time. But two months later Mecke has only raised $11,203, with Sup. Tom Ammiano and former mayoral contender Matt Gonzalez respectively contributing $250 and $100, although neither has endorsed him yet.

With Newsom sitting on a $1.8 million war chest, Daly admits that it would take a perfect storm for Mecke to win.

"The incumbent would have to stumble between here and the finish line," said Daly, who toyed with running until Aug. 8, at which point Mecke dove into the race, challenging Newsom’s record on public safety, homelessness, and affordable housing — issues that Mecke has been intimately involved with since moving here a decade ago.

Mecke’s move to California came shortly after he survived a near-fatal climbing accident in Alaska, which shattered all of his teeth when he fell 40 feet off a glacier. The fall also saddled Mecke, who didn’t have health insurance, with $90,000 in medical bills.

"It was a humbling experience, but people have to take responsibility for the situations they find themselves in," said Mecke, who worked for Ammiano on arriving in San Francisco and has since worked on the Ammiano, Mirkarimi, and Gonzalez campaigns.

Mecke also helped found the South of Market Community Anti-Displacement Coalition, served as president of the Mental Health Association of San Francisco, and helped author a report on homelessness that led him to publicly debate then-supervisor Newsom over his Care Not Cash initiative.

"Accountability without support is a form of cruelty," Mecke stated in 2002, a belief he still holds as he tries, as a member of the Homeless Shelter Monitoring committee, to get the city to implement universal shelter standards.

"If you raise the quality of life and safety standards in the city’s shelters, then more homeless people will want to enter them," Mecke said.

Mecke, a Western Addition resident, believes in community-driven responses to crime and violence. While Newsom claims that black-on-black violence has decreased under his administration, Mecke counters that African Americans make up only 7 percent of the city population but constitute 60 percent of the homicide victims. He thinks we need a real community policing program.

"We have 10 fiefdoms, 10 police districts," Mecke said. "That means that the oft-touted and talked about idea of community policing doesn’t really exist."

Newsom campaign manager Eric Jaye claims the only thing he knows about Mecke is that "he opposed Care Not Cash and he is supported by Sup. Chris Daly.

"But his own record? That’s a little bit harder," Jaye continued. "Mecke works for a city-funded nonprofit, but ironically, he’s unhappy with the violence prevention work the city is doing. Presumably he’s running because he thinks he can do a better job, but we’re proud of our progress on universal health care, our work on climate protection, our civic efforts, the fact that the eviction rate has plummeted, and that there’s more housing and affordable housing in the pipeline than [under] any other mayor in recent history."

But Mecke points out that the city’s health care initiative was Ammiano’s brainchild and that Newsom failed to deliver on his "wi-fi for all" promise by stubbornly pushing a flawed proposal and refusing to engage with its critics.

"Newsom’s only successes are initiatives proposed and led by members of the Board of Supervisors," said Mecke, who accuses Newsom of "making every decision within the framework of a national model while promoting some future candidacy."

He faults Newsom for asking for mass resignations this fall and sees the fact that Newsom is raising piles of cash to defeat Proposition E, which would require the mayor to make monthly appearances before the Board of Supervisors, as further evidence of his cowardice.

"San Francisco need to demand of this race that there’s public accountability," Mecke said. "Newsom seems to fear any form of nonscripted public interaction. When you go to his fake Question Time–town hall meetings you don’t actually get to ask the mayor your own question. He selects what he wants to hear."

Our three-point plan to save San Francisco

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› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

 

HOMELESS OR $100,000

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

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

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

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

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

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

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

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

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

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

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

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

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

 

THE REST OF US

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

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

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

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

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

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

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

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

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

 

A THREE-POINT PLAN

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

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

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

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

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

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

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

And — equally important — it means preserving land.

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

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

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

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

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

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

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

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

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

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

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

This approach clearly isn’t working.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Welch calls it “socially psychotic” planning.

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

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

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

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

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

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

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

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

School blues

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› kimberly@sfbg.com

SONIC REDUCER Roll over and let MF Doom give you the news: even during the soporific, sunlit waning days of summer, you needn’t wander far before tumbling headlong into a deep ditch of gloom. And is it any surprise, when even the top 10 is capped with hand-wringing, ditsy throwback-pop ditties like Sean Kingston’s suicide-dappled "Beautiful Girls" — just a few skittish dance steps away from Amy Winehouse’s anxious revamps of sweet soul music?

So when Danville-raised Film School headmaster Greg Bertens made the move away from the Bay to Los Angeles last September to be with his girlfriend and get some distance from 2006, his splintered group’s annus horribilis, it doubtless seemed like dour poetry that he ended up living just a few doors down from punk’s crown prince of dread, Glenn Danzig.

"Oh yeah, Glenn and I go way back!" Bertens said drolly from LA, describing Danzig’s lair as ivy covered and encircled by a gate topped with an iron fleur-de-lis. "Once in a while I see him walk by in a big, black trench coat. LA in general is a big amusement park, and Glenn Danzig happens to be an attraction close to my house."

That new home was where Bertens rediscovered his will to make music — and lost the old, jokey misspelling of his first name, Krayg. There he wrote and recorded Film School’s forthcoming album, Hideout (Beggars Banquet), alone at home with only a guitar, a keyboard, and a computer equipped with Pro Tools, Logic, and assorted plug-ins, while listening to old Seefeel, Bardo Pond, and Sonic Youth LPs. Guest contributions by My Bloody Valentine vet Colm O’Ciosoig, who also lived in the Bay Area before recently moving to LA, and Snow Patrol bassist Paul Wilson filled out the lush, proudly shoegaze songs that Bertens eventually took to Seattle for a mix with Phil Ek (Built to Spill, the Shins).

The recording is "the closest so far to what I’ve been trying to get to since Film School began," Bertens told me later, but it came at a price, following the release of the San Francisco group’s much-anticipated, self-titled debut on Beggars Banquet. Poised to become one of the first indie rock acts of their late ’90s generation to break internationally, after opening tours with the National and the Rogers Sisters, Film School instead found misfortune when Bertens was jumped outside a Columbus, Ohio, club.

Then the group’s instruments and gear were lost in Philadelphia when thieves stole their van, audaciously driving over the security gate of a motel parking lot. Despite benefits and aid from groups like Music Cares, the loss magnified band member differences, leading to the departure of guitarist Nyles Lannon (who also has a solo CD, Pressure, out in September), bassist Justin Labo, and drummer Donny Newenhouse, though longtime keyboardist Jason Ruck remains.

"Understandably, it kind of compounded any difficulties we might have had," Bertens recalled, still sounding a little tongue tied. After such events, he continued, "you definitely tend to reevaluate what is important in your life setup."

The loss of certain key pedals was particularly felt, although, he added, "ironically, after a year or so, one of the instruments showed up on eBay, and it was traced back to a pawnshop in Philly." The entire lot of gear had apparently come in three weeks after it was stolen, but though the store claimed it had checked with the local police department, and the band and Beggars had furnished the police with serial numbers and descriptions, no one made the connection. "We found a general unorganized response to the whole event," Bertens said with palpable resignation.

Yet despite the negativity Bertens associates with 2006 — "I think it was a heavy year globally as well, and Hideout comes a little from that, the impulse to hide out when external and internal factors are unmanageable" — he did find an upside to Film School’s downturn: the response to the theft "kind of restored my ideas about the music community within indie music. We’re a small band, and all these people — people we knew and people we didn’t know and other bands — all kind of came to our aid. I kind of knew that community existed, but I never experienced it." As a result, he said, the new CD’s notes will list the names of more than 150 people "we feel completely indebted to." Something for even Danzig to brood about.

ARTSF STRESSED What would we do without Godwaffle Noise Pancakes brunches and raucous noise shows stories above Capp and 16th Street? Let’s not find out, though word recently went out that the venue for those events, the four-year-old ArtSF, is being threatened. Allysun Ladybug Sparrowhawk has been handling art and music shows at the space for more than a year, and she e-mailed me to say she hadn’t been informed of an approximately $4,000 yearly building maintenance fee until the space received an eviction notice. "When there is a repair on the building, most of the cost is put on us," she wrote. "It should be split equally between all the tenants but most of the other floors are empty."

Since a slew of the organization’s art studio spaces is empty, she continued, "we are struggling to make the rent as it is. A fee like this has really threatened our existence." Does this mean even more artists and musicians are going to be priced out of this already-too-pricey city? Keep the pancakes coming: contact artmagicsf@yahoo.com and visit FILM SCHOOL

With Pela and the Union Trade

Wed/15, 9 p.m., $10

Bottom of the Hill

1233 17th St., SF

(415) 621-4455

www.bottomofthehill.com

HEARING RAID

MOCHIPET


Girls really do love breakcore — and Journey reworks — by this son of a Taiwanese rocket scientist. With the Bad Hand and Bookmobile. Wed/15, 9 p.m., $10. Cafe du Nord, 2170 Market, SF. www.cafedunord.com

WHITE SAVAGE


Look out — no wavy cacophony and apelike yelps. With the Go, Bellavista, and Thee Makeout Party! Fri/17, 9 p.m., $10. Bottom of the Hill, 1233 17th St., SF. www.bottomofthehill.com. Also with the Frustrations and the Terrible Twos. Sat/18, 6 p.m., $6. Hemlock Tavern, 1131 Polk, SF. www.hemlocktavern.com

THE DRIFT


Tarentel’s Danny Grody sails in, following the release of a limited-edition 12-inch of remixes by Four Tet and Sybarite. Sun/19, see Web site for time and price. Hemlock Tavern, 1131 Polk, SF. www.hemlocktavern.com

SOMNAMBULANTS


The SF-by-way-of-Brooklyn synth poppers toast their new Paper Trail (Clairaudience Collective) with contemporary dance by peck peck. Aug. 23, 9 p.m., $8. Space Gallery, 1141 Polk, SF. www.spacegallerysf.com

Ellis Act crisis

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OPINION Between 2004 and 2005, Chetcuti and Associates, a Walnut Creek real estate development company, bought eight Mission District apartment buildings. Within the first few weeks of ownership, the company served all the tenants in four buildings with Ellis Act eviction notices. In the next two months, three of the other buildings were Ellised. The company held on to the eighth building for a year before it gave those tenants Ellis notices.

The same is true throughout the city: John Hickey Brokerage, another out-of-town real estate company, gave Lola McKay (who died in 2000 while fighting her Ellis eviction) a notice within weeks after buying the building and then did the same to tenants in a North Beach apartment building – evicting those tenants just five days after a purchase deal closed.

In fact, more than half of all Ellis Act evictions in San Francisco are done by real estate speculators who have owned their buildings for less than six months. Almost one quarter are done by speculators who have owned the building for less than a month (and many of those are done in the first hours or days of ownership).

The buildings are then often sold as tenancies in common – essentially, as condos for people much wealthier than the ones who were evicted.

Rampant real estate speculation is bad enough on its own. What makes it worse is that this pattern is also an abuse of everything the Ellis Act was intended to be: a way for long-term landlords to be able to get out of the rental business and retire. When the Ellis Act was passed in 1985, its proponents said its purpose was to allow a landlord "to go out of business when he or she is convinced that they are no longer willing to devote the time, accept the frustration, expose themselves to the liability and other factors of continuing to be a landlord."

Apparently, companies such as Chetcuti and Associates and John Hickey Brokerage decided within days and weeks that they just couldn’t devote the time to or accept the frustration of being a landlord anymore and were compelled to evict the tenants. And that’s the case for hundreds of other real estate investors, many of whom are getting tired of being landlords within days of buying rental property.

Senate Bill 464 – which the State Senate will vote on any day now – would rectify this abuse and return the Ellis Act to its original intent. This bill simply says that a landlord must own property for at least five years before using the Ellis Act to evict tenants. It’s simple and fair, and it hurts only real estate speculators.

The vote is expected to be close – and unbelievably, the bill may not pass because a senator from San Francisco, Leland Yee, has indicated he may oppose it. No other city in California has been hit harder by the Ellis Act than San Francisco – yet our very own senator may kill this bill.

Thousands of residents here have been evicted under the Ellis Act, most of them senior or disabled. Ellis evictions are a crisis in San Francisco and are destroying lives and neighborhoods and communities.

Please call (415-557-7857) or fax (415-557-7864) Sen. Yee to ask him to support SB 464. *

Ted Gullicksen

Ted Gullicksen is executive director of the San Francisco Tenants Union.

Editor’s Notes

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› tredmond@sfbg.com

The latest count of homeless people in San Francisco is in, and already the bureaucrats and the news media are misquoting it to make their political points.

"Most of San Francisco’s Homeless from Other Areas," the headline on KCBS.com read. "City Attracts Homeless for More Than One Reason," the San Francisco Chronicle concluded. "Homeless folks tend to migrate to San Francisco," Trent Rhorer, the head of the city’s Human Services Agency, told the Chron. "In a sense, we’re swimming upstream here."

Well, what the survey actually showed is that the number of homeless people increased slightly this year, to 6,377. That’s a pretty bogus number, since it’s hard to count the city’s entire homeless population in one night with a bunch of volunteers who don’t even interview most of the people they count. They also don’t count people who are living in cars (it’s often hard to find them), and they don’t count people who are crashing on somebody’s floor or couch, or multiple families crammed into single rooms, or a lot of others who technically don’t have a home in San Francisco.

But it’s a number that scares the mayor a bit, because it suggests that his much-vaunted program to deal with homeless people, Care Not Cash, isn’t making huge inroads. So it’s easy (even though the city hardly gives out any cash anymore, and services are stretched thin, and compassion is harder and harder to find) for Gavin Newsom’s staff to say that it’s impossible to really solve the problem because so many new homeless people keep flocking to this city.

In fact, that’s what a follow-up survey of some of the homeless people suggested: about 31 percent of them said they had come here from somewhere else.

A bit of reality here: more than 31 percent of the people who work at the Guardian came here from somewhere else. This is a city of immigrants. It’s a place where people come to reinvent themselves, where people who are down on their luck and can’t handle the stress of being different in a white-bread community arrive in search of a better life. It’s hardly surprising that a lot of the homeless people are also relatively new arrivals.

But what’s far more staggering to me is that 69 percent of the people who are homeless aren’t recent arrivals. These are folks who have either lived on the streets of San Francisco for quite some time — or lived here in some sort of tolerable condition and recently become homeless.

Rhorer’s got it backward: the trouble isn’t that some people who lost their homes in another part of the country decided they’d have a better shot in San Francisco. It’s that so many San Franciscans have become homeless.

And I think I can hazard a guess as to why.

Let’s face it: housing costs in this city drive people onto the streets. The tenant activists like to say that eviction is the number one preventable cause of homelessness, and I agree. We can complain about San Francisco being a homeless magnet (which will probably never change), or we can recognize that public policy (too easy evictions, too little affordable housing) is the root cause of a lot of the homelessness that begins right here at home. *

Chasing my stolen bicycle

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› news@sfbg.com

I stalked across the parking lot of the Mission District’s Best Buy. Like the hordes of people that streamed into the store, I was there to do a little shopping, but it wasn’t for a flat-screen TV or an iPod. I was in the market for a stolen bike.

I bypassed the aisles of buzzing electronics and headed around the back of the store to a trash-strewn alley. It was empty except for a beat-up white van with its side door ajar. I took a nervous breath and knocked on the side.

A blond man in a sweat-stained undershirt threw open the door to reveal what looked like an upended Tour de France chase car: piles of tire rims, gears, and bike frames were scattered everywhere. The powerful stink of unwashed bodies stung my nostrils. A man in a tracksuit slumbered on a seat. The blond man looked sleepy and annoyed but waited for me to speak.

My $600 bike was stolen — the third in five years — from my Mission garage the night before, and it’s here I was told by a bike messenger that I might find it. These guys were rumored to be bike thieves operating in the Mission.

"Hey man, have you seen a black and gray Fuji Touring?" I asked, employing a euphemism.

"No, we don’t steal bikes," the man said, catching my drift. "We collect bikes off the street, repair them, and then sell them. We’re like independent businessmen."

Interesting way of putting it, I thought, as I glanced at the "businessman" slumbering on a van seat. I glanced around the van half expecting to see my Fuji, but it wasn’t there, so I left.

As I trudged home I stewed. I had lost more than $1,000 worth of bikes in San Francisco. Bike theft is a virtual right of passage for most cyclists in the city, and the city’s thieves seem to operate with ninjalike stealth and efficiency. One cyclist told me how a thief stole his locked ride while he picked up a burrito from a taquería. He wasn’t away from the bike for more than five minutes.

The city’s thieves have even won a silver medal for their efforts: in 2006 the lockmaker Kryptonite ranked San Francisco as the nation’s second worst city for bike theft, behind New York.

Gradually, my anger hardened into resolve, or more precisely, a mission. It would be virtually impossible, but I would set out to find my bike. The thought that my life would mirror the plot of a Pee-wee Herman movie was more than a little amusing, but I had a job to do.

In my months-long quest I crisscrossed the city, chasing down Dickensian thieves, exploring the city’s largest open-air market for stolen goods, and finally landing in the surprising place where hundreds of stolen bikes — perhaps yours — end up. Unwittingly, I pedaled right into San Francisco’s underworld.

THE GURUS OF GREASE


Bike theft may seem like petty street crime, but it’s actually a humming illegal industry. Consider this: thieves steal nearly $50 million worth of bikes each year in the United States, far outstripping the take of bank robbers, according to the FBI. And in San Francisco’s rich bicycling culture, thieves have found a gold mine. About 1,000 bikes are reported stolen in the city each year, but the police say the actual number is probably closer to 2,000 or 3,000, since most people don’t file reports.

"It’s rampant," Sgt. Joe McCloskey of the San Francisco Police Department told the Guardian.

I sought out McCloskey, the SFPD’s resident expert on bike theft, and another man, Victor Veysey, to give me a wider view of San Francisco’s world of bike thieves and possibly a lead on where I might find my bike. Several cyclists had recommended Veysey, saying he could provide a "street level" view of bike theft.

Veysey is the Yoda of San Francisco’s bike world. For more than a decade, the 39-year-old has worked on and off as a bike messenger, mechanic, and member of the city’s Bike Advisory Committee. He also ran the Bike Hut, which teaches at-risk youth how to repair bikes. And he’s in a band that plays a tune called "Schwinn Cruiser."

Despite their different perspectives (the city’s police and biking communities are not the best of friends), McCloskey and Veysey painted remarkably similar pictures of San Francisco’s black market for bikes.

In the wide world of illegal activity, bike thievery seems to occupy a criminal sweet spot. It is a relatively painless crime to commit, and city officials do little to stop it. As McCloskey readily admitted, bike theft is not a priority for law enforcement, which he said has its hands full with more serious crimes.

"We make it easy for them," McCloskey said of bike thieves. "The DA doesn’t do tough prosecutions. All the thieves we’ve busted have got probation. They treat it like a petty crime."

Debbie Mesloh, a spokesperson for District Attorney Kamala Harris, said most bike thieves are not prosecuted, but that’s because they are juveniles or they qualify for the city’s pretrial diversion program. The diversion program offers counseling in lieu of prosecution for first-time nonviolent offenders. Bike thieves qualify for it if they steal a bike worth $400 or less. Mesloh said the District Attorney’s Office prosecutes felony bike thefts, but it doesn’t get very many of those cases.

"The DA takes all cases of theft seriously," Mesloh wrote in an e-mail.

As for the police, McCloskey was equally blunt. "You can’t take six people off a murder to investigate a bike theft. [Bike theft investigations] are not an everyday thing. No one is full-time on bike theft. As far as going out on stings and operations, I haven’t heard of one in the last year. Bike theft has gone to the bottom of the list."

McCloskey’s comments were particularly interesting in light of the conversation I had with Veysey, whom I met at the Bike Hut, an off-kilter wood shack near AT&T Park that appears as if it might collapse under the weight of the bicycle parts hanging on its walls. Veysey has a loose blond ponytail and greasy hands. He wields a wrench and apocalyptic environmental rhetoric equally well.

"Bikes are one of the four commodities of the street — cash, drugs, sex, and bikes," Veysey told me. "You can virtually exchange one for another."

Veysey believes bike thefts are helping prop up the local drug market. It sounds far-fetched, but it’s a notion McCloskey and other bike theft experts echoed. The National Bike Registry, a company that runs the nation’s largest database for stolen bikes, says on its Web site, "Within the drug trade, stolen bicycles are so common they can almost be used as currency." Veysey believes the police could actually take a bite out of crime in general by making bike theft a bigger priority in the city.

Perhaps bikes are so ubiquitous in the drug trade because they are so easy to steal. McCloskey and Veysey said thieves often employ bolt cutters to snap cable locks or a certain brand of foreign car jack to defeat some U-locks. The jack slips between the arms of the U-lock and, as it is cranked open, pushes the arms apart until the lock breaks. A bike-lock maker later showed me a video demonstrating the technique. It took a man posing as a thief less than six seconds to do in the U-lock.

As with any other trade, McCloskey and Veysey said there is a hierarchy in the world of San Francisco bike thieves. At the bottom, drug addicts (like the one Veysey believes stole my bike) engage in crimes of opportunity: snatching single bikes. At a more sophisticated level, McCloskey said, a small number of thieves target high-end bikes, which can top $5,000 apiece. In 2005 police busted a bike thief who was specifically targeting Pacific Heights because of its expensive bikes. The thief said he wore natty golf shirts and khaki pants to blend into the neighborhood.

The Internet has revolutionized bike theft, just as it has done for dating, porn, and cat videos. McCloskey said thieves regularly fence bikes on eBay and Craigslist. In August 2004 police busted a thief after a Richmond District man discovered his bike for sale on eBay. Police discovered more than 20 auctions for stolen bikes in the man’s eBay account and an additional 20 stolen bikes in a storage space and at his residence.

When bikes aren’t sold outright, they are stripped, or in street vernacular, chopped, and sold piece by piece or combined with the parts of other bikes, Veysey said. He said people occasionally showed up at the Bike Hut trying to sell him these Frankenstein bikes. But by and large, McCloskey and Veysey said, bike stores are not involved in fencing stolen bikes. However, McCloskey said bikes stolen in the city often are recovered at flea markets around the Bay Area. He believes thieves ship them out of the city to decrease the chance of being caught. The National Bike Registry reports bikes are often moved to other cities or even other states for sale.

The idea of Frankenstein bikes was intriguing, so I told Veysey I was going to look into it. He suggested I make a stop first: Carl’s Jr. near the Civic Center. I was slightly perplexed by his suggestion, but I agreed to check it out.

FAST FOOD, HOT BIKES


"Welcome to the San Francisco Zoo — the human version," said Dalibor Lawrence, a homeless man whose last two teeth acted as goalposts for his flitting tongue. His description of the place was brutally apt: a homeless man banged on one of those green public toilets, shouting obscenities; a woman washed her clothes in a fountain; and several crackheads lounged on a wall with vacant stares.

I was at the corner of Seventh and Market streets. City Hall’s stately gold dome rose a short distance away, but here a whole different San Francisco thrived. Men slowly circulated around the stretch of concrete that abuts UN Plaza. Every so often one would furtively pull out a laptop, a brand new pair of sneakers, or even — improbably enough — bagged collard greens to try to sell to someone hustling by.

Seventh and Market is where the city’s underground economy bubbles to the surface. It’s a Wal-Mart of stolen goods — nearly anything can be bought or, as I would soon find out, stolen to order. McCloskey estimated as many as three in seven bikes stolen in San Francisco end up here. The police periodically conduct stings in the area, but the scene seemed to continue unabated.

I made my way to the front of the Carl’s Jr. that overlooks an entrance to the Civic Center BART station. I didn’t know what to expect or do, so I apprehensively approached three men who were lounging against the side of the restaurant — they clearly weren’t there for lunch. I asked them if they knew where I could get a bike. To my surprise, the man in the center rattled off a menu.

"I’ve got a really nice $5,300 road bike I will sell you for $1,000. I’ve got another for $500 and two Bianchis for $150 each," he said.

I told him the prices he listed seemed too good to be true and asked him if the bikes were stolen. People gave them to him, he explained dubiously, because they owed him money. I asked him about my Fuji, but he said he didn’t have it.

I walked around until I bumped into a woman who called herself Marina. She had a hollow look in her eyes, but I told her my story, and she seemed sympathetic. She sealed a hand-rolled cigarette with a lick, lit it, and made the following proposition: "I have a couple of friends that will steal to order — bicycles, cosmetics, whatever — give me a couple of days, and I will set something up."

I politely declined. McCloskey said steal-to-order rings are a common criminal racket in the city. Police have busted thieves with shopping lists for everything from Victoria’s Secret underwear to the antiallergy drug Claritin. In one case, McCloskey said, police traced a ring smuggling goods to Mexico.

A short time later a man rode through the plaza on a beat-up yellow Schwinn. He tried to sell the 12-speed to another man, so I approached him and asked how much he wanted for it. He told me $20. With a modest amount of bargaining, I got him down to $5 before telling him I wasn’t interested.

Just before I left, two police officers on a beat patrol walked through the plaza. Sales stopped briefly. As soon as the officers passed out of earshot, a man came up to me. "Flashlights," he said, "real cheap."

INSIDE A CHOP SHOP


After striking out at Seventh and Market, I figured it was time to investigate the chop shops Veysey mentioned. The San Francisco Bicycle Coalition (SFBC) reports bicycle chop shops operate all over the city. Thieves strip bikes because the parts (unlike the frames) don’t have serial numbers and can’t be traced as stolen once they are removed from a bike. The parts can be sold individually or put on another stolen bike to disguise it, hence the Frankenstein bikes that show up at the Bike Hut.

When Veysey told me about bicycle chop shops, I pictured something from a ’70s cop movie — a warehouse in an industrial district populated with burly men wielding blowtorches. But the trail led me somewhere else entirely: Golden Gate Park.

SFBC officials said they had received reports from a gardener about chop shops in the park. When I called Maggie Cleveland, a Recreation and Park Department employee responsible for cleaning up the park, she said they do exist and would show me what she thought was one if I threw on a pair of gloves, grabbed a trash bag, and joined one of her cleanup crews. I agreed.

Shortly before 8 a.m. on a foggy, chilly morning, the crew and I picked up mechanical grabbers and industrial-size trash bags and then climbed a steep hill near 25th Avenue and Fulton Street on the Richmond District side of the park. We plunged into a large camp in the middle of a hollowed-out grove of acacia bushes.

The camp looked like a sidewalk after an eviction. Books and papers vomited from the mouth of a tent. Rain-soaked junk littered the camp, including a golf bag filled with oars, an algebra textbook, a telescope, and a portable toilet. A hypodermic needle stuck in a stump like a dart and a gaudy brass chandelier swung from a branch. Amid the clutter was one constant: bicycles and their parts.

A half dozen bikes leaned against bushes in various states of repair. There were piles of tires and gears scattered around. The noise of the crew had awoken the residents of the camp. A man and two women sprung up and immediately tried to grab things as the crew stuffed the contents of the camp into trash bags. They grew more and more agitated as two dozen bags were filled.

Cleveland said the group may have been operating a chop shop, but she didn’t have definitive proof, so they were let go with camping citations. I asked one of the campers if their bikes were stolen.

"We find this stuff in the trash. There’s an economy here. We exchange stuff for other stuff," he said.

Cleveland said the camp was typical of what the crews find around the park. One of the most notorious campers goes by the name Bicycle Robert. Cleveland said park officials have found a handful of his camps over the past couple years. One contained more than two dozen bikes, but Robert himself has never turned up.

Occasionally, cyclists will get lucky and find their bikes at a chop shop. Max Chen was eating dinner in North Beach one night when his Xtracycle, a bicycle with an elongated back for supporting saddlebags, was stolen. Chen didn’t hold out much hope of getting it back, but he put up flyers around the neighborhood anyway.

The next day Chen got a call from a friend who said he saw a portion of the distinctive bike behind the Safeway at Potrero and 16th streets. Chen went down to the spot and found a group of guys with an RV, a handful of bicycles, and a pile of bike parts. His bike was there — sort of.

"The frame was in one place, and the pedals were on another bike. Other parts were on other bikes. I pointed to all the stuff that was mine and had them strip it. My frame had already been painted silver," Chen told me.

Not surprisingly, one of the men said he had bought Chen’s bike from someone in the Civic Center. Chen just wanted his bike back, so he forked over $60. The guys handed him a pile of parts in return.

WHERE BIKES GO TO DIE


A few days after the trip to Golden Gate Park, I finally got around to doing what I should have done when my bike was stolen: file a police report. Frankly, I waited because I held out little hope the police would be of any help.

It’s true few people get their bikes back through the police, but that’s in part because most people don’t try. In fact, the police are sitting on a cache of stolen bikes so big that it dwarfs the stock of any bike store in the city.

SFPD Lt. Tom Feney agreed to show it to me, so I trekked out to Hunters Point. The police stolen property room is located in an anonymous-looking warehouse in the Naval Shipyard. Feney ushered me through a metal door to the warehouse and then swept his hand through the air as if pointing out a beautiful panorama.

"There it is," he said.

Behind a 10-foot chain-link fence topped with razor wire, row upon row of bikes stretched along the floor of the warehouse. There were children’s bikes with hot pink paint, $2,000 road bikes, and everything in between. In all, the police had about 500 stolen bikes in the warehouse. The bikes are found abandoned on the street, recovered from stings on drug houses, and removed from bike thieves when they are busted. Many of the bikes aren’t stolen — they’ve been confiscated during arrests or are evidence in various cases. The department can’t return the stolen bikes because the owners haven’t reported them stolen. After holding them for 18 months, the police donate the bikes to charity.

I intently scanned up and down the rows looking for my bike. I didn’t see it. My last, best chance for finding it had disappeared. My heart dropped knowing my Fuji Touring was gone. Feney ushered me out the door, and I began the long, slow walk back to the bus stop.

The most frustrating part is that it doesn’t have to be this way. Police and bicycle groups said there are some simple steps city officials could take to cut down on bike theft, but the issue has long slipped through the cracks.

Officer Romeo de la Vega, who works the SFPD’s Fencing Unit, said he proposed a bike registration system a few months ago, but it was shot down by the police brass. De la Vega said he was told there simply weren’t enough officers available to staff the system. Under his plan cyclists would register their bike serial numbers with police. In return the cyclists would get a permanent decal to place on their bikes. De la Vega said this would discourage thieves from stealing bikes since it would be clear they were registered, and it would speed bike returns.

With police officials claiming there are few resources to combat bike theft, it seems logical they might reach out to the community for help. But officials with the SFBC report just the opposite.

"In the past we’ve tried to connect with the police to jointly tackle the problem, but we haven’t had much luck. We don’t even know who is handling bike thefts," Andy Thornley, the SFBC program director, said.

Thornley said the coalition is willing to use its membership to help police identify chop shops and fencing rings around the city. He said the police need to do a better job of going after the larger players in the bike theft world and the District Attorney’s Office needs to take a tougher stance on prosecution.

Ultimately, Thornley said, enforcement is not the key to reducing bike theft. He said the city must make it easier for cyclists to park their bikes safely. The coalition is crafting legislation that would require all commercial buildings to allow cyclists to bring their bikes inside — something many currently prohibit. The coalition would also like to see bike parking lots spring up around the city, with attendants to monitor them.

Supervisor Chris Daly, who is an avid cyclist and has had six bikes stolen, said he is willing to help.

"It’s clear we are not doing very much," Daly said. "I think if there were a push from bicyclists to do a better job, I would certainly work toward making theft more of a priority." *

Where’s the beef on LGBT issues?

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OPINION Common wisdom says that Mayor Gavin Newsom has forever endeared himself to the LGBT community by issuing marriage licenses to queer couples shortly after coming into office in 2004. Even though a state court later declared those licenses invalid (the city is appealing), Newsom’s popularity among queers doesn’t appear to have diminished. This is despite the fact that the Newsom administration has actually done little in terms of some of the major issues facing the community.

Let’s take a look at a few of those issues:

Housing for people with AIDS. A couple months after the "winter of love" at City Hall, Newsom appointed Jeff Sheehy as AIDS czar. An AIDS activist and former hate-crime-victim advocate in the District Attorney’s Office, Sheehy was supposed to help the mayor formulate AIDS policies. But it was a volunteer position, and the major concern of people with AIDS — affordable housing — was never addressed. Two years later Sheehy resigned the post. Meanwhile, the city’s affordable housing crisis still leaves many low-income people with AIDS desperately scrambling for a place to live after they are evicted by real estate speculators looking for a quick buck in the tenancy-in-common market. The situation is so bad that the AIDS Housing Alliance dubbed the Castro "the AIDS eviction capital of the world."

Liaison to the LGBT community. Apparently, former mayor Joe Alioto initiated this position in 1973. Newsom’s appointment was not a community activist but someone who worked in advertising. Founder of Gays for Gavin in the 2003 mayoral election campaign, James "Jimmer" Cassiol served for almost two years before he too resigned. His major duty seemed to be representing the mayor at LGBT functions.

Homelessness among queer youth. While Newsom is quick to tout his Care Not Cash and Operation Homeless Connect programs as solutions to one of the city’s most enduring and heartbreaking problems, he failed to mention youth in general and queer youth in particular in his recent state of homelessness address. To date, only a handful of queer youth have received city-sponsored housing — in a hotel on Market Street, which Castro supervisor Bevan Dufty secured. More hotel rooms are supposedly on the way.

Affordable housing for seniors. A proposed Market-Octavia Openhouse project for queer seniors won’t actually provide housing for those who need it the most: people with incomes below 50 percent of the area median income. The Newsom administration has done little to alleviate the lack of affordable housing for seniors, especially queer ones.

As the old woman in the ’70s commercials used to ask, where’s the beef? When it comes to queer issues, there is none. There’s certainly a lot of talk, many public appearances by the mayor and his representatives at queer functions, and the general promotion by Newsom and his staff of the idea that in San Francisco the LGBT community matters.

But if you’re poor, a senior, or homeless, it’s a different story altogether. *

Tommi Avicolli Mecca

Tommi Avicolli Mecca is a radical, southern Italian, working-class queer performer, writer, and activist whose work can be seen at www.avicollimecca.com.

Campus crush

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› news@sfbg.com
It’s easy to forget about the Villas Parkmerced.
Nestled in the foggiest, most sedate corner of San Francisco, the 62-year-old planned community feels like a slice of suburbia for seniors and families.
“There’s grass. There’s trees. There’s traffic circles where the cars can’t speed too damn much and knock off the pedestrians,” says 82-year-old Robert Pender, a tenant since 1967. “It’s forgettable suburbia in urban San Francisco.”
But the peace has been shattered recently by word that San Francisco State University is laying plans to transform its campus into a smaller version of UC Berkeley — with little apparent concern for its neighbors just across the street.
The SFSU administration has been busy at work for the past year on a new campus master plan. University officials say the body of college-bound students in California is steadily increasing and a campus overhaul is needed to accommodate that growth by 2020.
The proposed expansion calls for a conversion of many of the two-story buildings on campus to four- or five-story structures, as well as the construction of new buildings for academic, housing, and cultural purposes. A new 250-room hotel at 19th Avenue and Buckingham, a new creative arts facility, and a new gym are also on the table.
The project’s chief architect, James Stickley, told the Guardian that the master plan is about making SFSU “efficient as an urban campus” and transforming its character from a commuter campus to a destination community. In 15 years, he said, university officials expect to have 25,000 full-time students at the university (an increase of 5,000 students), many of them living on campus and taking advantage of new amenities and commercial ventures within university borders.
It’s an ambitious vision that aims to attract more students and accomplished professors to the SFSU campus. Which is great news for just about everyone — except the tenants of the 3,400-unit Villas Parkmerced, who allege not only that they were forgotten during the university planning process but also that their neighborhood is now coming under attack.
“I would love to see SFSU come out as a premier university and to have a really strong image,” said Adriana Torres, a current Parkmerced tenant and former SFSU student. She was speaking at a meeting held Oct. 24 to assess the environmental impacts of the university’s proposed master plan. “But you are not taking into consideration us, the people who live next to the students,” Torres continued. “I think what this plan is doing is, in building your image, it’s eroding ours.”
The meeting was hosted by campus planner Richard Macias and was attended by more than 70 disgruntled Parkmerced residents.
One major area of contention is the university’s proposal for Holloway Avenue, which separates much of the Parkmerced community from SFSU. The university intends to transform Holloway into what Stickley called “a campus street,” with around-the-clock commercial stores at street level and student housing above, something akin to Berkeley’s Telegraph Avenue. The university already owns much of the residential property on the south side of Holloway.
But Parkmerced tenants still occupy about 70 percent of that housing, and in their minds, plans for the gradual conversion of that property “for University uses as current occupants vacate their units,” as a university notice put it, sounds a lot like a friendly eviction letter.
“I have lived in Parkmerced all my life,” Healeani Ting said at the Oct. 24 meeting. “My grandmother died here. My mother died here. I intend to die here. Would you have me living in a relocation camp for the homeless in Fresno?”
Parkmerced tenants also assert that SFSU has drastically underestimated the impact of 5,000 additional students on the neighborhood.
Parking — no surprise — is the biggest issue. The university notes in a preliminary environmental review document that “the bulk of the University’s parking needs is met through the multistory parking garage east of Maloney Field” and therefore it won’t be adding any additional parking spots to accommodate 5,000 more students. Parkmerced tenants maintain their parking situation is already a nightmare, thanks to students snatching up spots in their community.
“If you think that you’re going to confine the garbage, the noise, the disruption to all the residents by keeping everyone along Holloway, you’re wrong,” Michelle Miller, a resident of Parkmerced and the head of a local organization called Neighborhood Watch, said at the Oct. 24 meeting. “They filter out. They all want cars. If you keep your parking flat, that’s not going to work.”
University spokesperson Ellen Griffin told the Guardian that SFSU is interested in fostering a “collegial relationship” with Parkmerced tenants and the university will be taking their complaints seriously. University officials met with Parkmerced tenants Nov. 9 to discuss some of their objections. According to Parkmerced Residents’ Organization board member Arne Larson, the university said it would consider moving graduate students and professors to Holloway instead of pursuing the campus street idea.
Of course, SFSU doesn’t have to do any of that. As a state entity, the university has the authority to create and adopt its own plans without involving the San Francisco Planning Department.
The university is preparing an environmental impact report — but no matter what the document says, the project can move forward without city review or approval.
Sarah Dennis, a senior planner with the Planning Department, told us her agency is concerned with the project on two counts: first, the campus street proposal threatens to drain 945 units from the city’s already vulnerable rental housing stock; and second, the overarching plan endangers the basic historic and cultural resources of the city. The Villas Parkmerced is one of only four urban master plan communities in the country.
“We’re hoping that they’ll follow the good-neighbor policy and that we’ll have the opportunity to get involved,” Dennis said. “But again, that’s all up to them.”
District 7 supervisor Sean Elsbernd said that he too is concerned with the SFSU master plan.
“At this point [the university is] at least recognizing this is going to have a massive impact,” Elsbernd told the Guardian, referring to the SFSU environmental impact report that is under way. “But we can guess what’s going to be in that EIR when it’s finally published: ‘Oh look, they say there won’t be much of an impact.’ That’s when the real fight happens.” SFBG

East Bay races and measures

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Editor’s note: The following story has been altered from the original to correct an error. We had originally identified Courtney Ruby as running for Alameda County Auditor; the office is actually Oakland City Auditor.

Oakland City Auditor
COURTNEY RUBY
Incumbent Roland Smith has to go. He’s been accused of harassing and verbally abusing his staff and using audits as a political weapon against his enemies. The county supervisors have had to reassign his staff to keep him from making further trouble. And yet somehow he survived the primary with 32 percent of the vote, putting him in a November runoff against Courtney Ruby, who led the field with 37 percent. Ruby, an experienced financial analyst, would bring some credibility back to the office.
Peralta Community College Board, District 7
ABEL GUILLEN
Challenger Abel Guillen has extensive knowledge of public school financing and a proven commitment to consensus building and government accountability. In the last six years Guillen, who was raised in a working-class community and was the first in his family to go to college, has raised $2.2 billion in bond money to construct and repair facilities in school districts and at community colleges. Incumbent Alona Clifton has been accused of not being responsive to teachers’ concerns about the board’s spending priorities and openness.
Berkeley mayor
TOM BATES
This race has progressives tearing at each other’s throats, particularly since they spent a ton of cash last time around to oust former mayor Shirley Dean and replace her with Tom Bates, who used to be known as a reliable progressive voice.
Bates’s reputation has shifted since he became mayor, and his record is a mixed bag. This time around, he stands accused of setting up a shadow government (via task forces that duplicate existing commissions but don’t include enough community representatives), of giving developers too many special favors instead of fighting for more community benefits, and of increasingly siding with conservative and pro-landlord city council member Gordon Wozniak.
The problem is that none of Bates’s opponents look like they would be effective as mayor. So lacking any credible alternative, we’ll go with Bates.
Berkeley City Council, District 1
LINDA MAIO
Incumbent Linda Maio’s voting record has been wimpy at times, but she is a strong proponent of affordable housing, and her sole challenger, Merrilie Mitchell, isn’t a terribly serious candidate. Vote for Maio.
Berkeley City Council, District 2
DONA SPRING
A valiant champion of every progressive cause, incumbent Dona Spring is one of the unsung heroes of Berkeley. Using a wheelchair, she puts in the energy equivalent of two or three council members and always remains on the visionary cutting edge. If that weren’t enough, her sole challenger, Latino businessman and zoning commissioner Raudel Wilson, has the endorsement of the Berkeley Chamber of Commerce. Vote for Spring.
Berkeley City Council, District 7
KRISS WORTHINGTON
Incumbent Kriss Worthington is an undisputed champion of progressive causes and a courageous voice who isn’t afraid to take criticism in an age of duck and run, including the fallout he’s been experiencing following the closure of Cody’s on Telegraph Avenue, something conservatives have tried to link to his support for the homeless. His sole challenger is the evidently deep-pocketed George Beier, who describes himself as a community volunteer but has the support of landlords and the Berkeley Chamber of Commerce and has managed to blanket District 7 with signage and literature, possibly making his one of the most tree-unfriendly campaigns in Berkeley’s electoral history. Keep Berkeley progressive and vote for Worthington.
Berkeley City Council, District 8
JASON OVERMAN
Incumbent Gordon Wozniak postures as if he is going to be mayor one day, and he’s definitely the most conservative member of the council. During his tenure, Wozniak has come up with seven different ways to raise rents on tenants in Berkeley, and he didn’t even vote against Gov. Arnold Schwarzenegger’s special election last year. Challenger Jason Overman may be only 20 years old, but he’s already a seasoned political veteran, having been elected to the Rent Stabilization Board two years ago. Vote for Overman.
Berkeley city auditor
ANN-MARIE HOGAN
Ann-Marie Hogan is running unopposed for this nonpartisan post, which is hardly surprising since she’s done a great job so far and has widespread support.
Berkeley school director
KAREN HEMPHILL, NANCY RIDDLE, NORMA HARRISON
With five candidates in the running and only three seats open, some are suggesting progressives cast only one vote — for Karen Hemphill — to ensure she becomes board president in two years, since the job goes to the person with the most votes in the previous election.
Hemphill has done a great job and has the support of Latino and African American parent groups, so a vote for her is a no-brainer.
So is any vote that helps make sure that incumbents Shirley Issel and David Baggins don’t get reelected.
Nancy Riddle isn’t a hardcore liberal, but she’s a certified public accountant, so she has number-crunching skills in her favor. Our third pick is Norma Harrison, although her superradical talk about capitalism being horrible and schools being like prisons needs to be matched with some concrete and doable suggestions.
Rent Stabilization Board
DAVE BLAKE, HOWARD CHONG, CHRIS KAVANAGH, LISA STEPHENS, PAM WEBSTER
If it weren’t for the nine-member elected Rent Stabilization Board, Berkeley would have long since been taken over by the landlords and the wealthy. This powerful agency has been controlled by progressives most of the time, and this year there are five strong progressives running unopposed for five seats on the board. We recommend voting for all of them.
Oakland City Council
AIMEE ALLISON
When we endorsed Aimee Allison in the primary in June, we pointed out that this was a crucial race: incumbent Patrician Kernighan has been a staunch ally of outgoing mayor Jerry Brown and Councilmember Ignacio de La Fuente — and now that Ron Dellums is taking over the Mayor’s Office and a new political era could be dawning in Oakland, it’s crucial that the old prodevelopment types don’t control the council.
Kernighan’s vision of Oakland has always included extensive new commercial and luxury housing development, and like De La Fuente, she’s shown little concern for gentrification and displacement. Allison, a Green Party member, is the kind of progressive who could make a huge difference in Oakland, and she’s our clear and unequivocal choice for this seat.
From crime to city finance, Allison is well-informed and has cogent, practical proposals. She favors community policing and programs to help the 10,000 parolees in Oakland. She wants the city to collect an annual fee from the port, which brings in huge amounts of money and puts very little into the General Fund. She wants to promote environmentally sound development, eviction protections, and a stronger sunshine ordinance. Vote for Allison.
East Bay Municipal Utility District director, Ward 4
ANDY KATZ
Environmental planner Andy Katz is running unopposed. Despite his relative youth, he’s been an energetic and committed board member and deserves another term.
AC Transit director at large
REBECCA KAPLAN
Incumbent Rebecca Kaplan is a fixture on the East Bay progressive political scene and has been a strong advocate of free bus-pass programs and environmentally sound policies over the years. A former public interest lawyer, Kaplan’s only challenger is paralegal James K. Muhammad.
Berkeley measures
Measure A
BERKELEY PUBLIC SCHOOLS TAX
YES
This measure takes two existing taxes and combines them into one but without increasing existing rates. Since 30 percent of local teachers will get paid out of the revenue from this measure, a no vote could devastate the quality of education in the city. Vote yes.
Measure E
RENT STABILIZATION BOARD VACANCY
YES
Measure E seeks to eliminate the need to have a citywide special election every time a vacancy occurs on the Rent Stabilization Board, a process that currently costs about $400,000 and consumes huge amounts of time and energy. The proposal would require that vacancies be filled at November general elections instead, since that ballot attracts a wider and more representative group of voters. In the interim, the board would fill its own vacancies.
Measure F
GILMAN STREET PLAYING FIELDS
YES
Measure F follows the council’s October 2005 adoption of amendments that establish the proper use for public and commercial recreation sports facilities, thereby allowing development of the proposed Gilman Street fields. Vote yes.
Measure G
GREENHOUSE GAS EMISSIONS
YES
Measure G is a nice, feel-good advisory measure that expresses Berkeley’s opinion about the dangers of greenhouse gas emissions to the global climate and advises the mayor to work with the community to come up with a plan that would significantly reduce such emissions, with a target of an 80 percent reduction by 2050. Vote yes.
Measure H
IMPEACHMENT OF PRESIDENT GEORGE BUSH AND VICE-PRESIDENT DICK CHENEY
YES
In left-leaning Berkeley this is probably the least controversial measure on the ballot. Do we really need to spell out all over again the many reasons why you should vote yes on this issue?
If this measure passes, both Berkeley and San Francisco will have taken public stands in favor of impeachment, which won’t by itself do much to force Congress to act but will start the national ball rolling. Vote yes.
Measure I
AMENDING CONDO CONVERSION ORDINANCE
NO, NO, NO
Measure I is a really bad idea, one that links the creation of home ownership opportunities to the eviction of families from their homes. It was clearly cooked up by landlord groups that are unhappy with Berkeley’s current condo conversion ordinance, which allows for 100 conversions a year. Measure I proposes increasing that limit to 500 conversions a year, which could translate into more than 1,000 people facing evictions. Those evictions will hit hardest on the most financially vulnerable — seniors, the disabled, low- and moderate-income families, and children. With less than 15 percent of current Berkeley tenants earning enough to purchase their units, this measure decreases the overall supply of rentals, eliminates requirements to disclose seismic conditions to prospective buyers, and violates the city’s stated commitment to fairness, compassion, and economic diversity. Vote no.
Measure J
AMENDING LANDMARK PRESERVATION ORDINANCES
YES
A well-meaning measure that’s opposed by developers, Measure J earns a lukewarm yes. It establishes a nine-member Landmarks Preservation Commission; designates landmarks, structures of merit, and historic districts; and may approve or deny alteration of such historic resources but may not deny their demolition. It’s worth noting that if Proposition 90 passes, the city could face liability for damages if Measure J is found to result in substantial economic loss to property — all of which gives us yet another reason to say “vote no” on the horribly flawed Prop. 90 while you’re voting yes on Measure J.
Oakland Measures
Measure M
POLICE AND FIRE RETIREMENT BOARD INVESTMENTS
YES
Measure M would amend the City Charter to allow the board that oversees the Oakland Police and Fire Retirement System (PFRS) slightly more leeway in making investment decisions. The board claims that its current requirements — which bar investment in stocks that don’t pay dividends — are hampering returns. That’s an issue: between July 2002 and July 2005, the unfunded liability of the PFRS grew from $200 million to $268 million — a liability for which the city of Oakland is responsible. We’re always nervous about giving investment managers the ability to use public money without close oversight, but the new rules would be the same as ones currently in place in San Francisco and Los Angeles.
Measure N
LIBRARY IMPROVEMENT AND EXPANSION BONDS
YES
Oakland wants to improve and expand all library branch facilities, construct a new main library at the Henry J. Kaiser Convention Center, and buy land for and construct two new library facilities in the Laurel and 81st Avenue communities. The upgrades and construction plans come in response to residents’ insistence that they need more space for studying and meeting, increased library programs and services, tutoring and homework assistance for children, increased literacy programs, and greater access to current technology and locations that offer wi-fi.
This $148 million bond would cost only $40 a year for every $100,000 of assessed property. Vote yes.
Measure O
INSTANT RUNOFF VOTING
Ranked-choice voting, or instant runoff voting, is a great concept. The city of Oakland is using it to elect officials in the November election without holding a prior June election. There’s only one problem: so far, Alameda County hasn’t invested in voting equipment that could make implementing this measure possible. Voting yes is a first step in forcing the county’s hand in the right direction. SFBG

Live bait

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› kimberly@sfbg.com
Sneak a peak at the California Cereals factory — a gray, boxy concrete sprawl looming over an otherwise peaceful West Oakland neighborhood lined with wood frame houses and a sugary spray of Victorians — and you immediately expect that mulchy aroma of processed wheat products to assault the senses. So why do you detect … barbecuing oysters? But that’s the overriding scent du jour — and the improvisatory, fly-by-the-seat-of-your-fun nature of the Cereal Factory, one of many unpermitted party outposts where the city’s rock, improv, noise, and punk scenes have survived and even thrived in the Bay Area despite fin de siècle real estate insanity, party-killing neighbors, and ticket-threatening cops.
Scruffy, T-shirted kids lounge on the front steps of Jason Smith’s two-story home, dubbed the Cereal Factory for the genuine, sugar-coated article churning out Fruity Pebbles and generic raisin bran across the street. Down a side path, in the small backyard, music scenesters, fans, punks, indie rockers, and cool dudes mingle on the grass and down the canned beer and grillables they’ve brought as CF housemate Daniel Martins of Battleship throws more oysters on the barbie. Double back, and in the basement you find a dark, humid, tiki-embellished crash pad, not uncomfortably crammed with bodies shaking to Italian punk-noise band Dada Swing. Or you catch Bananas, Mika Miko, or Chow Nasty killing the rest of the early evening for gas money.
“My whole thing is to make it free, make it so that people can go to it,” the extremely good-natured Smith says much later. “If there’s a touring band, I always run around with a hat and kind of strong-arm people into coughing up some change or a couple bucks to give them some gas, but otherwise the bands all play here for free. I just provide the coals, and I buy two cases of beer for the bands.” As for the oysters, he adds, “shit like that happens! People are just, like, ‘I caught this huge fish — let’s smoke it.’”
Smith is one of the proud, brave, and reckless few who have turned their homes into unofficial party headquarters, underground live music venues. San Francisco and Oakland are riddled with such weekly, biweekly, and even more sporadic venues — some named and some known by nothing more than an address. But oh, what names: Pubis Noir, 5lowershop, an Undisclosed Location, Club Hot, Noodle Factory, Ptomaine Temple, and the Hazmat House. Some, like the Cereal Factory, are only active during the summer barbecue season; others, like LoBot Gallery, host shows and art exhibits year-round. Why go through the headache of opening your home up to a bunch of hard-partying strangers, music lovers, and the occasional psycho who trashes your bathroom? Some, such as Oakland’s French Fry Factory, have bitten the dust after being busted for allegedly selling beer at shows. Others, such as 40th Street Warehouse and Grandma’s House, have bowed to pressures external (neighbors, landlords) and internal (warehousemates), respectively. Why do we care?
CULTIVATING NEW AND UNDERSERVED SCENES
The Clit Stop can take credit for being one of the first venues in San Francisco to dream up the now-familiar cocktail of noise, indie rock, jazz, and improv. Ex-Crack: We Are Rock and Big Techno Werewolves mastermind Eric Bauer and Bran Pos brain Jake Rodriguez began booking shows in 1998 in Bauer’s 58 Tehama space, once dubbed Gallery Oh Boy. Shows began on time at 8 or 9 p.m. so that East Bay listeners could BART back before midnight, and as a result Bauer and Rodriguez would often open, under assorted monikers. A May 2000 lineup at the Clit Stop (named after Bauer’s band Planet Size: Clit by Caroliner’s Grux) combined scree-kabukists Rubber O Cement with improv rockers Gang Wizard, indies Minmae, and Bauer’s dada-noise Aerobics King; another bill matched the angsty indie-electronica of Casiotone for the Painfully Alone with the noise-guitar-funk of Open City and the jazz sax of Tony Bevan. The common thread? The fact that Bauer and Rodriguez both liked them. “It was kind of hard sometimes,” Bauer says today. “We got requests from tons of shitty bands, and it was, like, ‘No, no, we don’t like you guys.’”
A year after Clit Stop began, Kimo’s started showcasing the same combination of rock and noise characterized by such varied Clit Stop players as Cock ESP, No Neck Blues Band, and Nautical Almanac — a mix that has filtered to the Hemlock Tavern and 21 Grand and into the sounds emerging from Bay Area bands like Deerhoof, Total Shutdown, and the pre–Yellow Swans group Boxleitner, all of whom played the Clit. “The weirder and more fucked up, the better,” Bauer continues. “We wanted to push boundaries — we wanted to annoy people.” Bauer moved out in 2000, leaving Rodriguez to continue to book shows at the venue under, Bauer says, the name Hot Rodney’s Bar and Grill. Bauer went on to put on the first noise-pancake shows with ex–Church Police member and Bauer’s Godwaffle Noise Pancakes co-overlord Bruce Gauld at Pubis Noir, a former sweatshop at 16th Street and Mission. Gauld is expected to put out a DVD of Clit Stop performances this year.
GIVING UNDER-21 KIDS ACCESS TO CHEAP ART
“The cheapness factor is a huge part,” says Cansafis Foote, sax player for the No Doctors. “In Oakland right now, you have a lot of kids who are trying to make a go at being an artist or being a musician or whatever, and almost all of them are broke. But they’re all really excited about people making stuff, so they’ll go to Art Murmurs on the first Friday of the month or they’ll go to warehouse shows, and maybe at the end of the day they won’t have any money in their pocket — and we’re still going to let ’em in to see the show. That, or they’re underage.”
An improv seminar leader at Northwestern University and onetime music teacher in Chicago, Foote was accustomed to instigating music- and merrymaking when he took the lease in February 2005 at Grandma’s House in Oakland. “Everything was kind of funneling out of that experience and just having the background with Freedom From [the label the No Doctors ran with Matthew St. Germain] and free exploratory music.” Grandma’s House had already been putting on shows in the massive warehouse it shared with Limnal Gallery (and at one time the Spazz collective), and Foote threw his energy into doing two to three shows a month — including performances by Sightings, Burmese, Hustler White, Saccharine Trust, and Warhammer 48K — until March, when, he says, an especially loud show by USA Is a Monster brought the police on a noise complaint. Foote, a.k.a. Grandpa, was already bummed because housemates who had initially said they’d help with shows “totally weren’t coming through on that. So I was sitting in my car and watching the gate while everyone was watching the show and I was, like, ‘What’s the point of doing this? I don’t even get to see the show.’ So I took a ladder and put it outside the window. I thought it was fun too, because it was like a clubhouse and people could come up the ladder and through the window into Grandma’s House, and then the cops came, and one told me they’d unlock the seventh door to hell if I did it again.
“I was actually kind of excited — should I allow him to unlock the seventh door to hell for me? Is there going to be a special fire-breathing dragon there for me? It was amazing. It’s, like, ‘Dude, there’s some 16-year-old kid who’s going to shoot some other 16-year-old kid down the street — go deal with him.’”
The next show was the deal breaker: police returned twice to open that door as a brouhaha broke out at a Grey Daturas show between audience members and various warehousemates. Warehouse denizens put pressure on Foote to halt the shows, and now he’s moving out: “It was the only reason I was living there. It’s not real glamorous to be living in a warehouse with little mice and weird bugs in the summer.”
BRINGING ART, THEATER, MUSIC — AND STRAIGHT-EDGED VEGETARIANS TOGETHER
House-party spaces have come and gone, but one of the saddest passings had to be 40th Street Warehouse in Oakland, which put on rock, folk, and hip-hop shows, queer cabaret, and art events from 1996 until the collective shuttered last winter with a last loud musical blowout (This Bike Is a Pipe Bomb headlined) and a commemorative zine. From Monument to Masses guitarist Matthew Solberg lived there for three years and recalls that the onetime auto mechanic shop’s shows were initially started by members of the experimental Noisegate.
By 2003, Solberg says the Temescal space was putting on shows, plays, or benefits every weekend, with an emphasis on rock and metal: Parts and Labor, Tyondai Braxton, High on Fire, Ludicra, Merzbow, Masonna, Melt Banana, a Minor Forest, Lesser, Curtains, Neon Hunk, Hair Police, Deep Dickollective, Thrones, X27, Soophie Nun Squad, Toychestra, 25 Suaves, Monitor Bats, the Intima, Lowdown, the Coachwhips, Hammers of Misfortune, the Vanishing, Mirah, Gravy Train!!!!, Eskapo, and Microphones (last on the Microphones bill, beneath Loch Nest Dumpster, is Devendra Banhart, described as “acoustic ardor from San Francisco’s shyist [sic]”), with bands like Numbers getting a running start with multiple performances there.
The schedule, however, took its toll. “People would move into the warehouse and be really stoked to have that autonomous space, but they didn’t really know what they were getting into. They usually lasted six months, and then they’d be, like, ‘I can’t stand this anymore!’” Solberg says. “But certain people adapted because they were passionate about being able to create that sort of space and making it work: a DIY show space where 100 percent of proceeds went to the bands — and obviously, we’d cover some expenses, like electrical and providing food for the bands. But apart from that, the house didn’t take any money. It was all done out of, I dunno, community service.”
The collective itself got a reputation as a straight-edged vegan cabal that forbade hard drugs and meat in the fridge that sat on the outskirts of the barnlike communal show space. “We didn’t want to succumb to the crash pad–flophouse thing,” Solberg explains. “We just wanted to preserve sanity.”
All that came to an end when in 2004 the Oakland City Council passed the Nuisance Eviction Ordinance, which took aim at crack houses but covered “noise” as a reason for eviction. “The people at 40th Street all believed that was the reason we got so much police attention the last year we were there,” Solberg says. After joining his fellow tenants in a winning fight against their landlord, who had given them a month’s eviction notice in order to convert the space to condos, Solberg moved to Ptomaine Temple, which continues to stage experimental noise shows.
BACK AT THE FACTORY
And despite the rewards, good times, and appreciative bands that get play and earn gas money to their next show, shutdowns are still a threat, casting a shadow even over spots like the Smith-owned Cereal Factory. After a neighbor began objecting last year to the soused kids milling in the street and lined up out the Factory’s front door to go to the bathroom, the Mothballs drummer slowed the shows, built a discreet bathroom in the basement, and then carefully began the music once more. Why bother? The chuckle-prone Smith, who works in the live-music department at KALX, bought the house with the intention of having shows. “At the risk of sounding like a stupid hippie, I think it’s important to contribute things,” he says before the last show of summer 2006 on Sept. 16, with Them There Skies, Sandycoates, and Dreamdate.
This last show likely went off smoothly: the model property owner checked in with his neighbors that evening during his walk home. “I said, ‘Donny, we’re having a barbecue show this Saturday.’ And he said, ‘OK, OK, baby, you’re cool. You’re cool.’ I’m hoping to have everything done by 9 o’clock, and that’s pretty tame on a Saturday night,” Smith explains. It’s guaranteed there won’t be any problem on at least one side of his summer house party — “there’s this Argentinean woman named Pepper and she’s fucking awesome. She’ll be, ‘Aw, yeah, it better be fucking loud because that’s how I know you’re having a good time. You gotta live life!’ SFBG

Sunshine magnified

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By Steven T. Jones
It was good to see the Sentinel today amplifying our story about how the mayor’s office gave us seven contested e-mails that Sup. Chris Daly has been trying to get for months. But Pat Murphy is a bit off mark to imply that Daly got snubbed or that our obtaining the documents was anything more than solid reporting work by reporter Amanda Witherell (who confronted the mayor on a Saturday with facts that supported the release of the documents, an action that he then ordered). The mayor’s office told us Daly would also be receiving the e-mails. For his part, Daly was happy about our successful efforts to pry loose the docs, calling it “a great victory for sunshine in San Francisco.” He also told me, “It was always unclear to me, unless the administration was trying to cover something up, why they were unwilling to release the e-mail, whether or not they were compelled to do so under the Sunshine Ordinance.” And it turns out the e-mails do show an effort by the Mayor’s Office of Communications to bury news of Newsom’s veto of an eviction notification measure, who was so popular that voters approved it as Prop. B in June.

The winners are

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By Tim Redmond
At City Hall

OK, we can now fairly safely project most of the local races. Leland Yee is way ahead in SF, and trailing only slightly in San Mateo, so Yee will be our next state senator. Janet Reilly isn’t looking good at all, so we may be facing Assemblymember Fiona Ma (ick, I’m voting for the Green Party candidate, Barry Hermanson).

On the props:

Prop. A, the violence-prevention measure, is coming up fast, winning the election-day vote by 51 percent, and will almost certainly prevail.

Prop. B, the eviction-disclosure measure, is a winner.

Prop. C, the Transbay Terminal governance plan, is toast.

Prop. D, the Laguna Honda measure, is burnt toast.

We will be back shortly with the county central committee.

Prop. D’s misinformation campaign

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OPINION Why are Joe O’Donoghue and the Residential Builders Association funding Proposition D on the San Francisco ballot? Could it have anything to do with the RBA’s rapacious hunt for profits?

You bet, because Prop. D would change the city’s zoning laws to potentially allow private development on 1,600 city parcels that are now protected for public use purposes only.

The RBA has modeled its campaign on the current national trend of winning through fearmongering. That’s why the RBA sent San Francisco voters a slick campaign ad featuring an elderly woman (who is not even a Laguna Honda Hospital patient) with a photoshopped black eye, misleading "facts," and not one word about zoning.

But Prop. D is much more than a giveaway for builders it’s also an assault on San Franciscans of all ages with psychiatric disabilities. It perpetuates stereotypes about people with such disabilities by suggesting that individuals with a primary psychiatric diagnosis are violent. Studies have consistently shown that people with mental illness are not any more likely than members of the general public to commit acts of violence.

If proponents had wanted to keep dangerous patients out of Laguna Honda, they would have proposed banning people with a history of prior violence the best predictor, by all accounts, of future violence.

Instead, Prop. D guarantees that the stigma of mental illness will continue to dissuade people from seeking help. And it does absolutely nothing to increase safety for LHH residents.

What Prop. D does do is violate nine state and federal laws including the Americans with Disabilities Act and the Fair Housing Act, which ban discrimination on the basis of disability. Prop. D singles out people with mental illness and mandates that "only persons whose need for skilled nursing care is based on a medical diagnosis that is not primarily psychiatric or behavioral shall be admitted" to Laguna Honda. It endangers more than $100 million dollars in federal funds San Francisco receives each year, since that money is conditioned on city compliance with nondiscrimination laws.

Prop. D would force the eviction of Laguna Honda residents who have age- or HIV-related dementia. The city would be forced to transfer those residents to institutions in other counties, far from family and friends, at an annual cost of $27 million dollars. Moreover, Prop. D puts a Planning Department official in charge of making health care and admissions decisions.

All of this is why nurses, health care workers, and public health officials are opposing Prop. D, as are the members of the city’s Community Alliance of Disability Advocates and the Human Services Network, representing more than 100 organizations serving people with disabilities and those in need of all ages in San Francisco.

The RBA’s campaign for Prop. D is so misleading that one of its major proponents, the Coalition for San Francisco Neighborhoods, rescinded its endorsement when the members discovered the RBA’s lies about Prop. D.

Don’t fall for the RBA’s exploitation of LHH residents for the sake of profits. Support the city’s disability rights community. Vote no on Prop. D. SFBG

Belinda Lyons

Belinda Lyons is the executive director of the Mental Health Association of San Francisco. This op-ed is also endorsed by Steve Fields, cochair of the San Francisco Human Services Network; Bill Hirsh, executive director of the AIDS Legal Referral Panel; and Herb Levine, executive director of the Independent Living Resource Center.

Eviction battle continues

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› sarah@sfbg.com

Back when the tsunami of condo conversions now rolling across San Francisco was but a ripple on the rental pool, local resident William Johnston didn’t know "the ins and outs of the Ellis Act."

"Now I have a Ph.D. in it," jokes Johnston, 70, about the legislation allowing landlords to get out of the rental market, which has been increasingly abused over the past decade by landlords wishing to sell their buildings in a scheme known as tenancy-in-common.

Under the TIC system, tenants share the same mortgage but live in their own unit, which they usually hope to convert to an individually owned condo. And it was a letter proposing a TIC in the 10-unit rent-controlled building where Johnston has lived for 33 years that finally got the feisty septuagenarian to start learning about the Ellis Act in detail.

"That letter scared the crap out of me," says Johnston, who was shocked when a real estate agent claimed that the one-bedroom unit, for which Johnston pays $512 a month, would fetch half a million dollars if it were converted into a condo … if only Johnston could pony up $90,000 for a down payment.

Johnston was relieved when none of his fellow tenants took his landlord’s TIC bait, but they’re all worried the landlord plans to put the building up for sale anyway. So he’s closely following the latest chapter in the Board of Supervisors’ effort to protect renters like him.

On May 9 the board gave an initial 73 approval to a measure that would prevent condo conversions in buildings where seniors, the disabled, the catastrophically ill, or multiple tenants have been evicted.

Three previous board efforts to help tenants have been vetoed by Mayor Gavin Newsom, so Sup. Aaron Peskin heeded input from the Mayor’s Office and amended the measure to move the cutoff date for considering evictions from Jan. 1, 1999, to May 1, 2005.

That change, and the fact that he’d been getting public pressure from renters, apparently won the support of Sup. Bevan Dufty, who had voted to uphold Newsom’s vetoes of the previous renter measures. But with Sup. Ross Mirkarimi forced to abstain because he owns a TIC, the board is still left one vote shy of being able to override a veto.

The date change could affect renters like Debra Hutzer, who is disabled by thyroid problems and whose eviction papers were filed January 2005, forcing her to move on May 13, 2006, from the rent-controlled apartment on Church Street where she’s lived for 19 years to a place where she’s already paying $250 more a month.

"It’s been very disconcerting," says Hutzer of the eviction, which one of her neighbors, Carole Fanning, may now fight. Fanning is also supposed to leave, but she’s now hired an attorney to fight for "a stay of execution" that would allow her to remain in her rent-controlled unit.

"It’s possible, since seniors, disabled, and the catastrophically ill have one year from the date their eviction notice was served, that some may yet be able to convince landlords not to proceed," Peskin board aide David Owen told us.

As for the watering down of Peskin’s original measure, Ted Gullicksen of the San Francisco Tenants Union says the alternative was to put a version backdated to November 2004 on the November ballot a strategy that would have involved taking risks on an initiative that, even if it had passed, wouldn’t have gone into law until January 2007.

"Instead we have a measure that’s acceptable and has passed its first reading, which means tenants should be protected in another week," Gullicksen says. Peskin’s other amendment allows buildings with multiple evictions but not those involving the elderly or disabled to be eligible for condo conversions after 10 years. "This means those buildings get taken off the speculative real estate market," Gullicksen adds. SFBG

Family business

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Frank Edward Lembi has spent nearly six decades turning San Francisco’s hot housing market into his version of the American dream, in the process creating nightmares for many struggling renters.

The aging patriarch still resides at the top of the Lembi family’s colossal accumulation of capital, Skyline Realty, also known widely as CitiApartments, the second-largest owner of rental units in San Francisco, as the company describes itself.

Skyline owns somewhere between 130 and 150 apartment buildings, hotels, and commercial properties throughout the city. Over the past few years, the company has spent tens of millions of dollars buying new properties everywhere from the Tenderloin to Russian Hill, quietly making the already controversial Skyline an even more ubiquitous force in San Francisco’s housing market.

As the Guardian has reported over the past few weeks, some Skyline tenants claim the company has developed an aggressive business strategy intended to empty newly purchased buildings of unprofitable tenants with rent control by either offering onetime buyout deals or simply frightening and coercing them until they leave.

Records from the San Francisco Department of Building Inspection also show violations of the city’s building and housing codes leading to complaints from tenants of roach and bedbug infestations and inoperable heating systems and elevators at some of the company’s properties. Such allegations have resulted in two lawsuits filed by the city and several more by tenants. Skyline also filed more eviction attempts in San Francisco Superior Court last year than any other single year during the past decade, according to a review of court records. Those cases have climbed fastest over the past four years and don’t reflect the true volume of notices to vacate that appear on tenants’ doors and are resolved before the matter appears in court.

From additional interviews and a review of publicly available records, corporate filings, and old press accounts emerges the portrait of a man, Frank Lembi, who has survived some of the darkest periods of the past few decades of American capitalism and retained his position as one of the city’s most powerful real estate moguls.

A San Francisco native, Lembi returned from serving in World War II and founded Skyline in 1947. Today he still lists the same Burlingame home address he had at least a decade ago when his longtime wife, Olga, passed away. The stark white and pea-green split-level is modest considering the wealth he’s accrued since Skyline began its ascension.

He and Olga had five children, two of whom would join Frank’s list of chief business allies. Yvonne Lembi-Detert is the president and CEO of a Skyline-affiliated company that owns a handful of posh boutique hotels. His son Walter joined the real estate business in 1969.

"I learned nepotism from my father," Frank told California Business in 1987. "He came to this country from Italy and started his children off pretty much the way I’ve started mine. It’s a way of life for us."

Frank and Walter eventually founded Continental Savings of America in 1977, a savings and loan association that propelled the family beyond the simple purchase and resale of small apartment buildings. At its peak, Continental maintained a staff of nearly 200 and more than half a billion dollars in assets. The company was making individual real estate loans of up to a million dollars by 1983.

During the ’80s and early ’90s, federal deregulation of the S&Ls encouraged a push for much more profitable, yet risky, high-interest loans and resulted in a race to the bottom. It was the era of financial scandal, and paying back federally insured depositors who had invested in failed S&Ls eventually cost taxpayers billions.

Continental began posting major losses in the ’90s as the company’s capital sank, and in 1995 the Office of Thrift Supervision (OTS) took it over, fearing insolvency. Not long beforehand, just before Continental went public, Frank stepped down as chair, owing to a conflict of interest tied to Skyline’s HomeOwners Finance Center. But Frank and Walter both remained major shareholders in the company.

It was a bad time for lenders, nonetheless, and Frank was apparently not happy. The feds had to file a restraining order against him after he allegedly threatened to plant security guards at Continental’s 250 Montgomery St. doors to "physically prevent" the confiscation of its office furniture, according to court records.

In the end, according to an OTS official we contacted, the cost to taxpayers amounted to about $22 million. But it clearly didn’t send the Lembis to the poorhouse: Since the Continental Savings collapse, Skyline Realty, along with CitiApartments, has grown to become a very lucrative focal point of the family’s enterprises.

Skyline Properties alone generated approximately $36 million in sales during the 2004 fiscal year, according to the Directory of Corporate Affiliations. But the company has founded more than 100 corporations and limited liability companies, each owning individual Skyline properties, and making it difficult to ascertain Skyline’s real annual revenue.

Its business model is not uncommon, but the complex web of affiliates has enabled the company to keep some legal liabilities aimed away from Skyline and Lembi and make sizable political contributions to various candidates and causes — nearly $40,000 since 1999 — all of it in small amounts stemming from several different entities. In one case, Skyline’s affiliates donated $20,000 on a single day to help defeat a 2002 ballot initiative designed to increase utility rates and improve the Hetch Hetchy water system.

The company has declined to answer further questions for this series, but Skyline manager David Raynal stated in response to a list of e-mail questions in early March that the company’s "plan is to restore apartment buildings to the highest standard." He wrote that Skyline supports the creation of special assessment districts that benefit those neighborhoods. "Every year we renovate many apartments, upgrade common areas, and improve neighborhoods."

Since we began publishing stories on Skyline, former employees have contacted us with tales about how the company conducts business. A onetime Skyline employee who requested anonymity said she was well aware of the company’s buyout offers to rent-controlled tenants and added that the company was "pretty heavy-handed." She also said she was encouraged to enter tenants’ units without prior notice.

"We were told we were making the community better, but we knew that was a bunch of bullshit," she said.

She added that Skyline had trouble retaining employees. High turnover rates are hardly uncommon in the real estate industry, but another former employee who also asked that his name not be revealed said Skyline’s group of hotels had similar issues.

"[Frank Lembi] is not the friendliest man in the world," he said. "Salespeople would get frustrated and move on."

Dean Preston, an attorney for the Tenderloin Housing Clinic, said he’s assisted at least 100 Skyline tenants with legal advice over the last five years.

"I deal with tenants, as well as landlords, all across the city," Preston said. "In my opinion, CitiApartments is the most abusive landlord that I deal with in my practice." *