John Avalos

Preserve existing rental housing

8

San Francisco’s housing affordability crisis has become the main threat to the livability of the city for hundreds of thousands of residents. One glimmer of hope came last month, as the Board of Supervisors reformed decades-old laws that permit, and often encourage, the loss of affordable rental units.

When San Francisco adopted its zoning laws in the 1960s, it assigned a zoning district to every parcel in the city. Each zoning district set a maximum number of dwelling units allowed per parcel. These density limits effectively forbade adding units to existing buildings across most of the city, and deemed approximately 51,000 dwelling units “nonconforming.”

Nonconforming units are allowed to remain for the lifetime of the building, but could not be enlarged or improved. The controls on merging dwelling units actually encouraged the loss of units if the units were nonconforming or denser than the neighboring buildings. The planners’ intent was that nonconforming units would be eliminated over time, as buildings are remodeled or rebuilt.

The 2009 General Plan Housing Element moved in a different direction, calling for preservation of dwelling units, especially affordable and rent-controlled housing, and favoring in-kind replacement of affordable units lost to conversion, demolition, and merger. Two ordinances, sponsored by Sup. John Avalos and based on proposals from Livable City, have now brought the Planning Code in line with the Housing Element policies.

One ordinance amended the controls on residential demolition, conversion, and merger to reflect the Housing Element goals. It strengthens requirements that lost units be replaced with similarly affordable units, and restricts mergers in buildings with a recent history of Ellis Act or owner-move-in evictions. It also clarifies the legal status of dwelling units where the permit records are ambiguous, making them legal unless there is conclusive evidence that the units are illegal. This will improve housing security for thousands of San Franciscans who dwell in older, rent-controlled buildings that are denser than the Planning Code currently allows.

A second ordinance permits the improvement and expansion of nonconforming units that exceed current density limits, so long as they remain within the existing building envelope. This allows owners to enlarge units by converting space in existing buildings to dwelling space. To protect tenants from speculative evictions, improvement and expansion are not permitted in buildings with a recent history of Ellis and owner move-in evictions.

In addition, Sup. David Chiu introduced legislation in November to permit legalization of thousands of existing rent-controlled units that were built without planning permission. This ordinance will protect these rent-controlled units from conversion and merger, and allow them to be brought up to building and housing code.

Bolder measures will be needed to make San Francisco an affordable city for all, but preserving more of our affordable housing moves us in the right direction.

Tom Radulovich is the executive director of Livable City.

Homeless for the holidays

0

news@sfbg.com

As temperatures dropped in recent weeks, those who care for San Francisco’s homeless snapped into action.

Shelters stopped requiring reservations, making any beds still open after 8pm available to anyone who needed them. General Hospital’s Emergency Room treated the annual uptick of hypothermia cases, working closely with the city’s Homeless Outreach Team. Seven people in the Bay Area died as a result of cold weather in the last month — mercifully, none in San Francisco.

“Just one homeless person passing from being cold is way too many,” Carol Domino, program director at Mother Brown’s Drop-In Center, told the Guardian.

When the cold hit, Mother Brown’s staff could be found scouting encampments near its location in Bayview. Besides a respite from the weather, it offers bathrooms, showers, access to case management services, and other resources, as well as two hot meals a day in its dining room. But there’s one thing it can’t offer: a warm bed.

But that may change. A proposal for a 100-bed homeless shelter next door to Mother Brown’s gained political footing this year, despite controversy and a divided neighborhood.

 

SHELTER IN BAYVIEW

Behind the shelter effort is Gwendolyn Westbrook, director of the United Council of Human Services. Westbrook says the idea didn’t come from her, but from Barbara J. “Mother” Brown, the local legend who served hot meals out of the back of a Cadillac Seville before founding Bayview Hope Homeless Resource Center and Mother Brown’s Dining Room in 2001.

“People have come in here needing a place to sleep for as long as it’s been open,” Westbrook said. Brown’s solution was to set out folding chairs where people could sleep. Nowadays, 80 people rest in the chairs on a typical night.

Before Brown died in 2005, Westbrook remembers, she made it clear to her successor how much she wanted shelter beds where clients could lie down.

Of her clients, Westbrook says, “it’s a lot of people who are from this area, grew up in this area. Some people never leave this district. Their homes might have gone into foreclosure, or somebody died that set them back and triggered something mentally, and now they’re on the street. So this is a safe haven for them. This is a place where they can come and just relax.”

Even as the cost of living soars and the neighborhood changes, Westbrook says, her clients hold on.

“Most of our clients won’t leave the Bayview,” she said. “Some of them have told me, ‘well if I die, just cremate me and put my ashes up on Third Street. Spread them on Third Street.’ That’s how much they love this neighborhood.”

Human Services Agency (HSA) director Trent Rhorer witnessed the chair arrangement during an August 2011 visit to Mother Brown’s. He called the sight “simply not acceptable from a view of humanity.”

When Rhorer learned that a warehouse next door had recently been put up for rent, the shelter idea was born. The HSA applied for a forgivable loan from the state’s Emergency Housing and Assistance Program (EHAP). In January 2012, the project was approved for $978,000.

On Nov. 19, the Board of Supervisors voted to accept the grant, and on Dec. 10, it assigned the next two steps: city adoption of the lease for the property and creation of a special use district. The rezoning process could take six months to a year at the Planning Commission, and if the shelter ultimately goes through, construction is not likely to begin before 2015.

Until then, shelter options in Bayview-Hunters Point will stay slim. There is no single adult shelter with beds in the neighborhood. The closest thing is Providence Baptist Church at 1601 McKinnon. There, staff lay out mats on the gym floor each night.

“In Bayview-Hunters Point, that’s it. Providence is the shelter,” said Nick Kimura, shelter client advocate with the San Francisco Coalition on Homelessness.

In Mayor Ed Lee’s 2013 State of the City address, he said he was “proud to support” efforts to expand services for the homeless in Bayview—specifically “Sup. Cohen’s effort, aided by a federal grant — to build a new 100-bed shelter”

The only problem: that was the first Cohen said she had heard of it.

“My first concern was how the proposal came about,” Cohen told us. “I wasn’t made aware of it until it was announced.”

 

SHIFTING POLITICS

After Lee’s announcement, there were two community meetings, one in March at the police station and one in April at the YMCA. The idea gained support from the Southeast Community Facility Commission and the San Francisco branch of the NAACP.

A wave of opposition also grew, including the neighborhood organization Bayview Residents Improving Their Environment (BRITE), and a handful of businesses led by David Eisenberg, president of Micro-Tracers, a food testing company next door to Mother Brown’s.

On July 16, Cohen herself came out against the shelter. Cohen said her decision came after “meeting with residents about their concerns and fears.”

Neighborhood residents are a shifting demographic. The African American population has declined by 10 percent since Mother Brown’s was founded in 2001. The Asian population increased slightly in the same time period, and the white population has more than doubled.

Homelessness in the neighborhood has also increased. According to the city’s biannual homeless count, the number hovered around 400 until January 2011, when the number jumped to 1,151. It had 1,278 homeless people in 2013.

After Cohen declared her opposition, the meetings went back behind closed doors. In September, David Curto, director of contracts at the HSA, said that “[city homeless czar] Bevan Dufty and other folks in the Mayor’s Office are trying to revive it.” On Oct. 9, Lee met with a group of neighbors. And on Oct 30, the shelter proposal made its public reappearance.

Sups. John Avalos, Eric Mar, and Mark Farrell of the city’s Budget and Finance Committee heard the issue. They were tasked with voting on whether to accept the EHAP loan, a question that would be put to the Board of Supervisors if it passed.

Out in the gallery, the two sides sat divided down the aisle like squabbling families at a wedding. House left were the shelter’s supporters, a mix of residents and community leaders and staff of Mother Brown’s and their clients, some with their shoes pulled on only half way over feet swollen from sleeping in their chairs. On the right, BRITE members, an ad hoc group called Protect MLK Pool and Playground, Eisenberg, and other community members in opposition.

The shelter became a vehicle for a debate about larger changes in Bayview. BRITE member David Armagnac saw no need for shelter beds in the neighborhood that he has “seen transform and emerge into an ever-increasing vibrant area.” Bayview business owner Carla Eagleton wanted economic and quality of life impact reports on the proposed shelters “as it relates to the city’s only remaining blue collar industrial area, MLK Park, surrounding neighborhoods and the Third Street corridor, which the city of San Francisco has spent billions of dollars to revitalize.”

Meanwhile, resident Sandy Thompson testified that “for you guys to move in and make yourself comfortable,” many of her neighbors have been displaced. “Make the homeless comfortable, just like you guys are making yourself comfortable, because they need a place too,” Thompson said.

A client of Mother Brown’s talked about being homeless in the neighborhood her family had been in for generations. “My grandparents are the ones that migrated from the south, that came up here to work on those shipyards,” she said. “Think about that parent who is working at McDonalds, or working a low, minimum-wage job. They can’t afford the new housing that’s coming in, that’s being developed. Yes, we love it. We love to look at the property that we cannot live in.”

Both sides made passionate pleas, but shelter supporters won over the Budget and Finance Committee.

“It’s very rare that I get moved from hearing public comment. I hear a lot of public comment, and sometimes I feel like my heart is hardened to everything. But not today,” Avalos said.

Farrell agreed: “It’s rare that you get touched here, because we do hear so much public comment all the time. And the personal stories are pretty incredible.”

 

INSIDE MOTHER BROWN’S

Inside Mother Brown’s cool blue walls, there’s no shortage of incredible personal stories. Lonnel McCall took a break from helping to cook dinner at Mother Brown’s kitchen to describe what the place has meant for him.

“I didn’t have nothing, not even ambitions. I felt I was a loser. I had no self-esteem,” he remembers. “I was smoking crack under the bridge and all that stuff.”

He now has a job as a hotel chef and lives in a HOPE House home. He rolled up his sleeves to reveal cuts and burns, the battle scars of a chef.

“These are my cook wounds,” he said, “instead of dope wounds.”

But for a period, McCall slept in the chairs. “It’s hard. Your ankles swell up,” he said.

Wade Verdun also slept in the chairs and went through HOPE House.

“I’ve got my own place now, got my own car. I’m no longer on drugs. And I’ve got a two-year-old son,” Verdun said. “This place saved my life, to tell you the truth.” Smiling, he patted his belly. “I’ve never been this fat. Trust me.”

If the shelter does get built, Westbrook hopes, it can lead to more happy endings like McCall’s and Verdun’s.There are already too many sad stories.

On Dec. 19, candles lit the dusk on the steps of City Hall in a vigil for the homeless people who have died in San Francisco. The vigil was organized by Night Ministry, a crisis intervention and counseling service that operates in the Tenderloin from 10pm to 4am. Reverend Lyle Beckman, director of Night Ministry, said that he got the names of 22 deceased homeless people from the Department of Public Health, but knew it was low. During the vigil, attendants came forward with the names of more dead, until the number reached 100.

Beckman said the crisis line gets busy this time of year. “We always see more conversations around holiday time,” he said. “When people have memories of it being a family time and then they’re not connected with their family in some way, it can bring isolation and loneliness.”

In a city of chosen families, Mother Brown’s “children” have found a way to heal that kind of loneliness. Perhaps McCall put it best when he described the first time he came back to his native Bayview and found Mother Brown’s after decades of isolation.

“When I came in through the door — this is God’s truth — I felt like I was at home,” he said. Soon, people like McCall may find a bed, too, when they walk through that door. Maybe for Christmas 2015.

Plans for SF clean energy program still underway, despite political opposition

San Francisco’s longstanding effort to develop a municipal renewable energy program has been stymied by politics, but Sup. London Breed has taken up the cause of advancing aspects of the plan that haven’t been obstructed.

At a Dec. 13 meeting of the Local Agency Formation Commission (LAFCo), a committee comprised of members of the Board of Supervisors that has been working to develop CleanPowerSF for years, Breed called for putting out a Request for Proposals to develop a concrete plan for building out local renewable energy infrastructure. LAFCo adopted the motion. 

With plans for solar panel arrays or wind power facilities that would generate hundreds of megawatts of electricity for the municipal energy program, the build-out is a key aspect of the plan that could lead to job creation and stable electricity rates in the long term.

“Part of what I think is important in developing a plan is to make sure that if there are people who oppose it, that we have answers,” Breed said. “And we have clear answers, so that we’re communicating what the real, true accurate message is: There is real possibility for local jobs.”

Earlier this year, members of the San Francisco Public Utilities Commission, a body composed of mayoral appointees, refused to approve a not-to-exceed rate, effectively obstructing any forward progress on the green municipal power program. But some advocates who are thinking long-term have merely taken the setback as an opportunity to put some time and energy into crafting a well thought out plan that serves the interests of job seekers and environmentalists alike, which would ulimately be politically difficult to oppose.

The rate approval was a necessary step toward inking a contract with Shell Energy North America, the contractor selected by the SFPUC to procure renewable energy on the open market until a build-out gets off the ground.

Just before the commissioners made their decision, opponents of the plan who are affiliated with Pacific Gas & Electric Company – the utility giant that stands to lose customers if CleanPowerSF goes forward – plastered San Francisco residences with flyers denouncing the program and Shell’s involvement. The mailers were paid for by IBEW 1245, the International Brotherhood of Electrical Workers union that represents PG&E employees.

Breed reflected on that messaging as an unfortunate setback. “It created, I think, the challenges that we’re facing getting this program moving forward,” she said. “We need a clear communication strategy. We need a clear understanding of the build-out.”

Eric Brooks, a longtime advocate of CleanPowerSF who has attended hundreds of meetings to help shape the plan on behalf of his nonprofit, Our City, said he was pleased with the latest direction LAFCo talks had taken. He recently penned an editorial for the Bay Guardian calling on LAFCo to take control of the program.

“This does not get around the political problem we have,” he said. “Politically, the program isn’t moving forward. On Aug. 13, from [the SFPUC’s] standpoint, they put the program on hold.” Nevertheless, “the idea is to work on all the other things, and get those things done.” Once there is a practical plan spelling out how the city will move forward with building out green renewable energy infrastructure, he said, it could serve to “show the building trade unions what’s possible.”

From what Brooks said and what was voiced at the meeting, it seems the political strategy of project proponents will be to bring on a consultant to hash out more tangible goals with regard to job creation, and then use those shovel-ready plans to bring trade unions on board. From there, Brooks hopes there may be more leverage to push for approval – or perhaps to pursue an alternative management structure that gets around the SFPUC, such as joining with another municipality to form a Joint Powers Authority that would oversee the program.

Sup. David Campos, who has been a key supporter of CleanPowerSF along with Sup. John Avalos, did voice some reservations about moving forward with the RFP. “We are here,” halted from moving forward, “even though we have a program that has been approved by the Board of Supervisors,” he pointed out. “How do we avoid going down the path of doing additional work, only to find ourselves in the same predicament?”

The political pressure against CleanPowerSF, fueled by groups associated with PG&E in political alignment with Mayor Ed Lee, is formidable. Nevertheless, advocates from environmental organizations such as 350.org, the Sierra Club and others have kept pushing for the program out of a conviction that it represents an opportunity to curb greenhouse gas emissions and combat climate change at the local level.

“This is a very important move,” said June Brashares, a steering committee member of the Local Clean Energy Alliance. “A key piece of work that has not yet been done is the selection of actual sites all over the city for the installation of hundreds of megawatts of local clean energy projects that will make up CleanPowerSF.”

UPDATE: After we posted this, Breed returned a phone call from earlier in the day. She shared some thoughts about the program:

“I just think we’re overdue, to do it. The fact that we have five commissioners appointed, not necessarily elected, [blocking the program] disturbs me,” she said.

Asked why she’s supportive of CleanPowerSF, Breed said, “It’s not just about the choice. It’s also about the environment, and the future. There’s a lot of money in energy in general, and part of that money should go back to the local economy through those jobs.”

When we asked her about the strategy for advancing the program, she responded, “We want labor to be a partner on this. We want to make sure that it’s clear, and more importantly, we want it to be a strong proposal … My goal is to make it difficult for them to oppose it.”

Finally, questioned on whether she was worried about the political opposition, Breed responded, “I can’t do my job in fear that someone may oppose it. I have to do it based on what I think is truly right for the city of San Francisco.”

SF Board of Supervisors approves new tenant protections

11

The Board of Supervisors today (Tues/17) gave unanimous final approval to legislation aimed at giving renters in the city additional protections against being displaced by real estate speculators, and initial approval to legislation protecting tenants from harassment by landlords, both part of a wave of reforms moving through City Hall to address rising populist concerns about gentrification and evictions.

The anti-eviction legislation, created by Sup. John Avalos and co-sponsored by Sups. Eric Mar and David Campos, seeks to preserve rent-controlled and affordable housing by restricting property-owners’ abilities to demolish, merge, and convert housing units, three of the most common ways that affordable housing units are being eliminated in the city.

There was no discussion of the Avalos legislation today as it was approved on second reading, belying last week’s initial discussion, which got a little heated at times. “San Francisco is facing a crisis,” Avalos said last week as he conveyed the importance of passing the ordinance before the end of the year. “We’ve been called on by our constituents to declare a state of emergency for renters in the city.”

Last month, Campos held a high-profile hearing at the board on the city’s affordable housing and eviction crisis, and won approval for his legislation to double how much tenants being evicted under the Ellis Act receive. Today’s board meeting also includes a first reading of legislation by Campos to help protect tenants in rent-controlled apartments from being harassed by landlords seeking to force them out and increasing rents.

“We have heard about tenants being locked out of their apartments. We have heard about loud construction work being done…for the purpose of forcing the tenants out,” Campos said today of his legislation to allow targetted tenants to have complaints heard by the Rent Board rather than having to file a lawsuit. Later, Campos said the legislation sends the message “that is not something that is going to be tolerated in San Francisco.”

Campos’ legislation also received unanimous approval and little discussion, even by supervisors who generally side with landlords over tenants, perhaps including just more potent this issue has become. Board President David Chiu also today introduced a resolution to support his work with Mayor Ed Lee and Sen. Mark Leno to amend the Ellis Act at the state level, hoping to give the city more control over its rent-controlled housing. 

Avalos last week said he is so convinced of the urgency of the current situation that he responded to concerns voiced during the Land Use and Economic Development Committee Meeting on Dec. 9 about how the new legislation would work in the cases of temporary evictions and residential hotels by immediately making amendments to the ordinance without objection.

Nonetheless, further questions arose during the Dec. 10 meeting. Sups. Norman Yee and Katy Tang expressed reservations about the legislation applying in the case of owner move-in (OMI) evictions.

“I would love to support the piece, but this part just doesn’t make sense to me,” Yee concluded. “I’m not getting how it hurts the tenants.”

While Avalos explained that OMI evictions still take affordable housing off the market, he agreed to compromise by reducing the ordinance’s 10-year moratorium on demolishing, merging and converting housing units to five years.

Then, Sup. London Breed spoke up.

“This might not be popular for me to say as a legislator, but I’m very confused,” she began. “I know we have this crisis of Ellis Acts around the city, but I really feel pressured, and that this legislation is being rushed. I can’t support something that I don’t completely understand the impacts of. I just need more time.”

While Breed did not have the chance to review the legislation before the meeting, she had found the time to prepare speeches about President Nelson Mandela’s passing last week and her alma mater Galileo High School’s recent football victory.

Concurring with Breed, Cohen stated, “I understand that we are in a crisis of protecting our rental stock units, but I’m hesitant. Connect the dots for me, how does this save rentals? Or conserve affordable housing? What are we trying to do here?”

Kim reprimanded her fellow board members for not attending the meeting prepared, then stated, “I would support moving the ordinance forward today. The situation we are facing here in the city is extremely challenging…and this legislation is one of the tools we have for it.”

Sup. Scott Wiener and David Chiu echoed Kim’s support, commending Avalos for promptly addressing their former issues with his amendments and additions.

When Cohen used her time on the floor to respond to Kim’s admonition by stating, “I certainly do my homework. I don’t want to be made to feel bad for not getting it on the first time,” Campos suggested that it might be a good time to put the discussion on hold and open the floor for public comments.

While members of the community stepped up to the visitors’ podium, Yee and Campos met at the back of the room while Breed conversed with Sophie Hayward of the Planning Department, who had reviewed the ordinance before it was presented for recommendations. After further discussion with Avalos himself, Yee returned to his seat to speak with Tang. Satisfied with what she learned from Hayward, Breed came over to discuss the ordinance with Campos and Avalos. Cohen remained seated for the duration of the time, speaking with no one.

After the conclusion of public comments, Avalos reiterated the importance of passing the ordinance as soon as possible. “We have been called on by scores, hundreds of people, to preserve this stock,” he stated. “This legislation will help keep families in San Francisco.”

The ordinance was passed unanimously in its first reading, but the fight is not over. Breed for one made it clear that, while she understood the ordinance better after her preceding discussions, she was only giving it her support because she knew the legislation would be up for further review in a week, when all the supervisors will have had time to study it more closely.

With the affordable housing and displacement issues only generating more heat in the last week, today there was only prompt, unanimous approval and no discussion. 

Driving us crazy

209

STREET FIGHT Parking reform is one of the most radically important elements of making San Francisco a more livable and equitable city.

In this geographically constrained city, parking consumes millions of square feet of space that could be used for housing, especially affordable housing in secondary units. Curbside parking in the public right of way impedes plans to make Muni more reliable for hundreds of thousands of transit riders. Parking in new housing and commercial developments generates more car trips on our already congested and polluted streets, slowing Muni further while bullying bicyclists and menacing pedestrians.

Fundamentally, parking is a privatization of the commons, whereby driveway curb cuts and on-street parking hog the public right-of-way in the name of private car storage. The greater public good — such as reducing greenhouse gas emissions and enhancing public safety through bike lanes, wider sidewalks, public green spaces, and transit-first policies — is subsumed to narrow private interests. These are among the many reasons why, for over a decade, parking reform has been a key part of progressive transportation policy.

Yet lately, it has been disappointing to watch progressives, especially on the Board of Supervisors, retreat from that stance. In Potrero Hill and North Mission, a vitriolic reaction has slowed rollout of nationally acclaimed SF Park, which raises revenue for Muni and is a proven sustainable transportation tool. Yet there are murmurings that some progressive supervisors might seek an intervention and placate motorists who believe the public right-of-way is theirs.

On Polk Street, some loud merchants and residents went ballistic when the city and bicycle advocates proposed removing curbside parking to accommodate bicycles. The city, weary of Tea Party-like mobs, ran the other way, tail-between-legs. Progressive supervisors seem to have gone along with the cave-in.

Along Geary, planning for a desperately needed bus rapid transit project drags on. And on. And on. And on. The lollygagging includes bending over backward to placate some drivers who might be slightly inconvenienced by improvements for 50,000 daily bus riders.

One thing that is remarkably disturbing about this backpedaling is that, in an ostensibly progressive city by many measures (civil rights, tolerance, environmentalism), the counterattack is steeped in conservative ideology. That is, conservatives believe that government should require ample and cheap parking, whether in new housing or on the street. This conservative ideology, shared by many car drivers and merchants — and even by some self-professed progressives — is steeped in the idea people still need cars. This despite the evidence that cars are extremely destructive to our environment, socially inequitable, and only seem essential because of poor planning decisions, not human nature.

Progressive backpedaling has become more confusing with the recent debate over 8 Washington, defeated at the polls Nov. 5, and on the same day of a convoluted Board of Supervisors hearing on a proposed car-free housing development at 1050 Valencia. Both of these projects highlight the muddled inconsistency emerging among progressive supervisors.

Enough has been written about how 8 Washington was a symbolic battle for the soul of San Francisco. But during the campaigns, the lack of attention to parking was curious. Notably, progressive-leaning transportation organizations like the San Francisco Bicycle Coalition, Walk SF, and Transform sat out the election despite the project’s excessive 327 underground parking spaces, which violated hard-fought progressive planning efforts to make the waterfront livable. The Council of Community Housing Organizations also sat it out, despite benefitting from the progressive parking policies that 8 Washington violated. It appears that despite their transit-first rhetoric, progressives made a tactical calculation to keep parking out of the campaign.

The progressive victory came with a Faustian bargain which involved ignoring parking. To ensure 8 Washington was defeated, conservative voters were folded into the opposition. Groups like Eastern Neighborhoods United Front (ENUF), the Coalition for San Francisco Neighborhoods, and the Republican Party came out against 8 Washington and yet, ironically, all are opponents of progressive parking reform.

Moving forward, whatever happens at the 8 Washington site must include progressive parking policies. Don’t expect this from the unimaginative leadership at the Port, which speciously demanded the excessive parking. Don’t expect it from the developer, who steadfastly insists that the rich must have parking. And don’t expect conservatives to latch on to a waterfront scheme that is both publicly accessible and genuinely transit-oriented. It is progressives who will need to muster political will for a zero-parking project at the waterfront and set the tone for consensus among the other factions in the waterfront debate.

Meanwhile on the same day 8 Washington went down, 1050 Valencia barely made it out of a tortuous Board of Supervisors hearing in which progressives seemed to be the antagonists. As the first car-free market-rate housing proposal on Valencia under progressive parking reforms, this 12-unit mixed use building seemed an obvious win for progressives. It would be a walkable, bicycle-friendly urban infill mixed-use project with on-site affordable housing, all of which the city needs more of.

Yet since 2010, when the project first went to the Planning Commission, conservative rhetoric has been deployed to stop the project. Significantly, the Liberty Hill Neighborhood Association objected to the transit-oriented characterization of the project. It claimed that the 14 Mission and 49 Mission/Van Ness are filthy, crime-ridden, and unreliable and so 1050 Valencia must have parking.

Unlike progressives, who also decry shortfalls with Muni but propose solutions, the Liberty Hill opponents offered only secession from public transit, insisting on driving in secure armored cocoons instead of addressing Muni reliability, and they also expect free or cheap parking in the public right of way.

You would think that progressives at the Board of Supervisors would see through this thinly veiled bigotry against the 14 and 49 buses. But instead, four self-professed progressive supervisors — John Avalos, David Campos, Jane Kim, and Eric Mar — voted against 1050 Valencia.

They may argue that they were more concerned about the neighboring Marsh Theater, which has concerns about construction noise (and also parking). The noise issue can be worked out, and why the progressive supervisors did not work this out in advance is a mystery. But if you watch the hearing closely, the Marsh basically opposed the development — period — and thus a modest car-free development that included affordable housing at an appropriate location. And so did four progressive supervisors. It’s baffling.

At the end of the day, 1050 Valencia moved forward, barely. But it can still be stopped at the upcoming Board of Appeals hearing. Meanwhile, it’s time for progressives to make a frontal response to the Muni-bashing coming out of Liberty Hill.

The SFMTA is offering a bold and ambitious proposal for these buses on Mission between 13th and Cesar Chavez. This includes a transit-only lane, restricting automobile traffic, rearranging loading zones, and removing curbside parking so that 46,000 daily 14 and 49 passengers have better reliability and less crowding.

This plan will make life easier for San Franciscans who rely on these buses, but will require progressive supervisors to openly and sincerely advocate for removal of on-street parking, to support SF Park, and push for car-free housing development in the Mission, rather than knee-jerk posturing for a few political points in future elections. Progressives, stop screwing around.

Street Fight is a monthly column by Jason Henderson, an urban geography professor at San Francisco State University.

UPDATED: Board narrowly approves closing city parks at night

44

The San Francisco Board of Supervisors today narrowly approved Sup. Scott Wiener’s legislation to close parks and large plazas from midnight to 5am, a measure that Wiener said was about preventing vandalism but which progressive activists called an attack on the homeless.

The vote was 6-5, with Sups. John Avalos, London Breed, David Campos, Jane Kim, and Eric Mar voting against the proposal. The key swing votes in the decision were Breed — who wrote an op-ed for this week’s Guardian (posting soon) explaining her position — and Sup. Norman Yee, who was elected last year in Dist. 7 with progressive support.

To address the homeless issue, Kim asked for an amendment to make an exception for sleeping in the parks. Without the amendment, “we are criminalizing poverty and issuing fines people will never pay, and not getting the results we wanted,” she said. 

Hundreds of homeless lay their heads to rest in the parks of San Francisco every night as the city struggles to meet housing demand, which is already illegal under city law. Kim’s amendment says those sleeping in parks are to be cited under previously existing codes against sleeping in parks and not double-fined under this ordinance. Wiener supported the amendment and it was inserted into the legislation, although that didn’t end the debate over the legislation or win over its main opponents.

As the legislation was first introduced, Wiener made the argument he’s made many times before. Closing the parks at night is about vandalism, he said. 

“We need to establish a clear baseline that establishes hours for the park to combat vandalism and dumping,” Sup. Scott Wiener told the board. He made the case that most major cities in the U.S. have laws closing their parks and playgrounds at night, and that even New York City had them on the books.

Wiener also directly and flatly denied that his legislation was an attack on the homeless. 

“If the police wanted to remove people sleeping and camping in parks, they already have the tools to do that. This legislation does not give them those tools beyond what they have,” he said. 

But opponents of the measure, who have been organizing against it for weeks, said it will target the homeless and be selectively enforced. As Mar said at the hearing, “I think this is a really mean-spirited ordinance.”

And that’s when the avalanche of arguments began. Campos, Mar, Avalos, and Kim all  passionately defended the homeless that sleep in the parks. But no one brought more facts to the argument than Breed.

“We have 1,339 shelter beds and 6,000 people in San Francisco with nowhere to sleep,” she said. “I’ve been told again and again this will not target the homeless. But if it doesn’t target the homeless or the investment banker or the firefighter, who will this law target? Suspicious looking people in hoods? Teenagers?” 

The room took on a chill as she evoked echoes of Trayvon Martin and others who have been selectively targeted in the name of justice. Enforcement was her next bone of contention. There are only a handful of park police, often only two, that patrol over 220 parks in San Francisco, she said. 

If the ordinance is supposed to combat vandalism, it doesn’t even do that effectively, she said to the board: “We don’t have a legislative problem, we have an enforcement problem.”

To that end, Yee amended Wiener’s proposal to identify more funding for the park police. Everyone on all sides of the argument acknowledged that two to three officers to cover over 4,000 acres of San Francisco parks was woefully inadequate. 

It’s still unclear where that funding will come from, and how much it will be. 

After the meeting the Guardian asked Police Chief Greg Suhr, who was present for the meeting, if the homeless would be targeted under the ordinance.

“We’re not that Police Department,” he said. But he also said the controversial Sit/Lie Ordinance doesn’t target homeless people either, a claim that homeless advocates would dispute. “We’re a reasonable suspicion detention department.” 

An audio interview with Police Chief Greg Suhr just after the park closure legislation passed, where we asked Suhr, “Will the homeless be targeted?”

Tom Temprano, president of the Harvey Milk LGBT Democratic Club, disagreed. 

“I think that anyone who tells you the homeless will not be targeted in legislation that closes our parks at night are lying to you. There’s no other way to read this legislation,” he said. Temprano was one of the lead organizers of the sleep-in protest of the ordinance, which we previously covered.

When we asked if the ordinance would spur increased law enforcement in the parks, Suhr referred us elsewhere. 

“I leave the deployments to the station captains… certainly [the captains] have a pulse on what’s going on in the parks,” he said. 

So we called Captain Greg Corrales at Park Station, which oversees one of the most populous sections of Golden Gate Park, filled to the brim with campers. Corrales told us he didn’t imagine this ordinance would spur him to increase patrols or enforcement.

“There will not be more officers. The hours of the park have been posted on signs in the park, and past closing time people were cited for failure to abide by the signs,” he said. 

They cite 10-20 people for sleeping in the park per night, he said. As Kim noted, often these don’t lead to any prosecutions at all. 

But as for vandalism, Corrales said that there was recently a vandal throwing rocks through the windows of the Conservatory of Flowers and McLaren Lodge in Golden Gate Park. Would the ordinance help curb people from that kind of behavior?

“We’re already enforcing park closure,” he said. “It really doesn’t have much impact on us.” 

 

Red herring or not, park closure vote delayed while supes seek police input

26

There is only one police chief in this town, and no law regarding the usage of public parks shall pass without him. Or so they said yesterday when Sup. Scott Wiener continued for a week consideration by the Board of Supervisors of his controversial proposal to close the city’s parks and plazas at night.

Wiener – champion of the legislation that homeless advocates say specifically target the City’s homeless population — motioned for continuance on the hotly contested agenda item after Police Chief Greg Suhr was unavailable to discuss how the measure might be enforced. The motion was seconded by Sup. Malia Cohen and passed without objection. 

But the continuance request means that Wiener will have to deal with what he calls an “epidemic of vandalism” for another week as well. The legislation would amend the “Park Code to establish hours of operation for City parks from 5am to midnight, with certain exceptions; and make environmental findings.” 

“It’s long been illegal to sleep or camp in parks,” said Sup. Wiener. “[Police] don’t need another law.” 

“This. Is. About. Vandalism,” Recreation and Parks Department General Manager Phil Ginsburg told the Guardian. “The homeless won’t be thrown out. The laws are already on the books, man.”

And while Wiener and those in the RPD have continued their insistence that that the legislation was written explicitly to target late-night vandalism, illegal dumping, and other nefarious activities not related to homelessness, opposition to the legislation say it’s “red herring” legislation that, on its face, claims to combat vandalism, but underneath is actually a bill targeting the homeless.

Wiener disagrees with this stance, however, and actually called the argument made by the legislation’s opposition — that the bill is a “red herring” ostensibly aimed at vandalism, but that really targets the homeless — a “red herring” as well. A red herring, historically, is a distraction. It’s a Trojan Horse, a magician’s assistant, a tool designed to confuse and obfuscate actual information or intent. 

It is a term that first found a foothold in the hunting world, but made it’s transcendental leap into the world of politics. Politicians have employed the use of “red herrings” in the past. But why would a group called the Coalition on Homelessness actually support vandalism, as the supervisor’s “red herring” comments would suggest?

When this fact was pointed out, Wiener told the Guardian that he “wasn’t going to speculate.” (And neither will we, at least as to why the supervisor chose to use the phrase “red herring” to describe the COH’s argument in the first place.)

But regardless of rhetoric, next week’s vote promises to be close. COH Executive Director Jennifer Friedenbach told the Guardian last week that she had the support of the four most progressive supervisors — John Avalos, Jane Kim, David Campos and Eric Mar — and needed just two of the three swing votes to shoot down the legislation. Those three undecided votes rest in the hands of Sups. London Breed, Katy Tang and Norman Yee.

“This is going to be a close vote,” said Wiener.

But a vote that will have to wait a week.

 

Shit happened (Oct. 23-29)

6

Tenant proposals and Guardian forum address eviction crisis

Tenant advocates have proposed a sweeping set of legislative proposals to address what they’re calling the “eviction epidemic” that has hit San Francisco, seeking to slow the rapid displacement of tenants by real estate speculators with changes to land use, building, rent control, and other city codes.

“In essence, it’s a comprehensive agenda to restrict the speculation on rental units,” Chinatown Community Development Center Policy Director Gen Fujioka told the Guardian. “We can’t directly regulate the Ellis Act [the state law allowing property owners to evict tenants and take their apartments off the rental market], but we’re asking the city to do everything but that.”

The package was announced Oct. 24 on the steps of City Hall by representatives of CCDC, San Francisco Tenants Union, Housing Rights Committee of SF, Causa Justa-Just Cause, Tenderloin Housing Clinic, UNITE HERE Local 2, Community Tenants Association, and Asian Americans Advancing Justice.

“San Francisco is falling into one of the deepest and most severe eviction crises in 40 years,” SFTU Director Ted Gullicksen said. “It is bad now and is going to get worse unless the city acts.”

The announcement came a day after the Lee family — an elderly couple on Social Security who care for their disabled daughter — was finally Ellis Act evicted from its longtime Chinatown home after headline-grabbing activism by CCDC and other groups had twice turned away deputies and persuaded the Mayor’s Office to intervene with the landlord.

But Mayor Ed Lee has been mum — his office ignored our repeated requests for comment — on the worsening eviction crisis, the tenant groups’ proposals, and the still-unresolved fate of the Lees, who are temporarily holed up in a hotel and still hoping to find permanent housing they can afford.

The package proposed by tenant advocates includes: require those converting rental units into tenancies-in-common to get a conditional use permit and bring the building into compliance with current codes (to discourage speculation and flipping buildings); regulate TIC agreements to discourage Ellis Act abuse; increase required payments to evicted tenants and improve city assistance to those displaced by eviction; require more reporting on the status of units cleared with the Ellis Act by their owners; investigate and prosecute Ellis Act fraud (units are often secretly re-rented at market rates after supposedly being removed from the market); increase inspections of construction on buildings with tenants (to prevent landlords from pressuring them to move); prohibit the demolition, mergers, or conversions of rental units that have been cleared of tenants using no-fault evictions in the last 10 years (Sup. John Avalos has already introduced this legislation).

“The evidence is clear. We are facing not only an eviction crisis but also a crisis associated with the loss of affordable rental housing across the city. Speculative investments in housing has resulted in the loss of thousands affordable apartments through conversions and demolitions. And the trend points to the situation becoming much worse,” the coalition wrote in a public statement proposing the reforms.

Evictions have reached their highest level since the height of the last dot-com boom in 1999-2000, with 1,934 evictions filed in San Francisco in fiscal year 2012-13, and the rate has picked up since then. The Sheriff’s Department sometimes does three evictions per day, last year carrying out 998 court-ordered evictions, Sheriff Ross Mirkarimi told us, arguing for an expansion of city services to the displaced.

At “Housing for Whom?” a community forum the Guardian hosted Oct. 23 in the LGBT Center, panelists and audience members talked about the urgent need to protect and expand affordable housing in the city. They say the current eviction epidemic is being compounded by buyouts, demolitions, and the failure of developers to build below-market-rate units.

“We’re bleeding affordable housing units now,” Fred Sherburn-Zimmer of Housing Right Committee said last night, noting the steadily declining percentage of housing in the city that is affordable to current city residents since rent control was approved by voters in 1979. “We took out more housing than we’ve built since then.”

Peter Cohen of the Council of Community Housing Organizations actually quantified the problem, citing studies showing that only 15 percent of San Franciscans can afford the rents and home prices of new housing units coming online. He said the housing isn’t being built for current city residents: “It’s a demand derived from a market calculation.”

Cohen said the city’s inclusionary housing laws that he helped write more than a decade ago were intended to encourage developers to actually build below-market-rate units in their projects, but almost all of them choose to pay the in-lieu fee instead, letting the city find ways to build the affordable housing and thereby delaying construction by years.

“It was not about writing checks,” Cohen said. “It was about building affordable units.”

Discussion at the forum began with a debate about the waterfront luxury condo project proposed for 8 Washington St., which either Props. B or C would allow the developer to build. Project opponent Jon Golinger squared off against proponent Tim Colen, who argued that the $11 million that the developer is contributing to the city’s affordable housing fund is an acceptable tradeoff.

But Sherburn-Zimmer said the developer should be held to a far higher standard given the obscene profits that he’ll be making from waterfront property that includes a city-owned seawall lot. “Public land needs to be used for the public good.”

Longtime progressive activist Ernestine Weiss sat in the front row during the forum, blasting Colen and his Prop. B as a deceptive land grab and arguing that San Francisco’s much ballyhooed rent control law was a loophole-ridden compromise that should be strengthened to prevent rents from jumping to market rate when a master tenant moves out, and to limit rent increases that exceed wage increases (rent can now rise 1.9 percent annually on rent controlled apartment).

“That’s baloney that it’s rent control!” she told the crowd. (Steven T. Jones)

Students fight suspensions targeting young people of color

Sagging pants, hats worn indoors, or having a really bad day — the list of infractions that can get a student suspended from a San Francisco Unified School District school sounds like the daily life of a teenager. The technical term for it is “willful defiance,” and there are so many suspensions made in its name that a student movement has risen up against it.

The punishment is the first step to derailing a child’s education, opponents said.

Student activists recognize the familiar path from suspensions to the streets to prisons, and they took to the streets Oct. 22 to push the SFUSD to change its ways. Around 20 or so students and their mentors marched up to City Hall and into the Board of Education to demand a stop of suspensions over willful defiance.

A quarter of all suspensions in SFUSD for the 2011-12 school year were made for “disruption or defiance,” according to the California Department of Education. Half of all suspensions in the state were for defiance.

When a student is willfully defiant and suspended, it’s seen as a downward spiral as students are pushed out of school and onto the streets, edging that much closer to a life of crime.

“What do we want? COLLEGE! What are we gonna do? WORK HARD!” the students shouted as they marched to the Board of Education’s meeting room, on Franklin Street.

They were dressed in graduation gowns of many colors, signs raised high. They smiled and danced and the mood was infectious. One driver drove by, honked and said “Yes, alright!” Assorted passersby of all ethnicities cheered on the group. The students were from 100% College Prep Institute, a Bayview tutoring and mentoring group founded in 1999 aiming to educate students of color in San Francisco. Their battle is a tough one. Though African American students make up only 10 percent of SFUSD students, they accounted for 46 percent of suspensions in 2012, according to SFUSD data. Latinos made up the next largest group, at 30 percent. (Joe Fitzgerald Rodriguez)

Techies to NSA: Stop spying on us!

Thousands of privacy and civil liberties activists, including many from the Bay Area, headed to Washington DC for an Oct. 26 rally calling for surveillance legislation reform, in response to National Security Agency spying programs. It was organized by more than 100 groups that have joined together as part of the Stop Watching Us coalition. The group has launched an online petition opposing NSA spying, and planned to deliver about 500,000 signatures to Congress. Many of the key drivers behind Stop Watching Us, from the Electronic Frontier Foundation to Mozilla, are based in San Francisco. (Rebecca Bowe)

Air District considers long-term action on climate change

A committee of the Bay Area Air Quality Management District approved a resolution on Oct. 23 that could shape the region’s approach to tackling climate change until 2050.

The proposal is to enact a regional climate protection program, geared toward reducing greenhouse gas emissions to 80 percent below 1990 levels by 2050.

The idea of creating a policy framework lasting nearly four decades originated with 350.org, an environmental organization focused on climate change. Advocates with 350.org and the Sierra Club worked in collaboration with San Francisco Sup. John Avalos, who chairs the BAAQMD Climate Protection Committee, to formulate a resolution complementing climate change planning already underway at the Air District.

“The resolution did start from outside of the community, but I’m adopting it as a member of the Air District,” Avalos said at the Oct. 23 meeting, “and it’s something I’d like to see members of this body support.”

The resolution creates the emissions reduction target, launches a strategic planning process, and commits to developing a work plan that would guide the district’s activities in coming years. Implementing the plan would entail gathering more data about ambient greenhouse gas emissions and finding ways to reduce the pollutants, which are linked to climate change.

The full BAAQMD board will vote on the plan at its Nov. 4 meeting. The Air District is governed by a 22-member body composed of locally elected officials from nine Bay Area counties.

In 2006, the California Legislature enacted AB 32, the Global Warming Solutions Act, which established a goal of reducing emissions to 1990 levels by 2020. That’s now only about six years away, so a Scoping Plan process is in the works to figure out how to meet a new goal of reducing statewide greenhouse gas emissions to 80 percent below 1990 levels by 2050. Enacting a regional plan at this juncture would position the Bay Area as a leader on addressing climate change, said Henry Hilken, director of the Air District’s Planning, Research and Rules Division.

Avalos emphasized the need to focus on metrics and to stay abreast of the region’s progress on meeting emissions reduction targets over time. Assuming the climate action plan is approved by the full board, he said, the next step is to hold a focused session “to put some meat on the bones to talk about how we will work toward achieving actionable items.” 

And after it has secured the approval of the full board, a work program would be drafted to include increased staffing levels, noted Jeremy Pollock, Avalos’ legislative aide. That would require increasing the fees that are extracted from the region’s major greenhouse gas emitters – primarily oil refineries.

Tenant groups propose sweeping package to ease the “eviction epidemic”

317

Tenant advocates today proposed a sweeping set of legislative proposals to address what they’re calling the “eviction epidemic” that has hit San Francisco, seeking to slow the rapid displacement of tenants by real estate speculators with changes to land use, building, rent control, and other city codes.

“In essence, it’s a comprehensive agenda to restrict the speculation on rental units,” Chinatown Community Development Center Policy Director Gen Fujioka told the Guardian. “We can’t directly regulate the Ellis Act [the state law allowing property owners to evict tenants and take their apartments off the rental market], but we’re asking the city to do everything but that.”

The package was announced this morning on the steps of City Hall by representatives of CCDC, San Francisco Tenants Union, Housing Rights Committee of SF, Causa Justa-Just Cause, Tenderloin Housing Clinic, UNITE HERE Local 2, Community Tenants Association, and Asian Americans Advancing Justice.

“San Francisco is falling into one of the deepest and most severe eviction crises in 40 years,” SFTU Director Ted Gullicksen said. “It is bad now and is going to get worse unless the city acts.”

The package includes: require those converting rental units into tenancies-in-common to get a conditional use permit and bring the building into compliance with current codes (to discourage speculation and flipping buildings); regulate TIC agreements to discourage Ellis Act abuse; increase required payments to evicted tenants and improve city assistance to those displaced by eviction; require more reporting on the status of units cleared with the Ellis Act by their owners; investigate and prosecute Ellis Act fraud (units are often secretly re-rented at market rates after supposedly being removed from the market); increase inspections of construction on buildings with tenants (to prevent landlords from pressuring them to move); prohibit the demolition, mergers, or conversions of rental units that have been cleared of tenants using no-fault evictions in the last 10 years (Sup. John Avalos has already introduced this legislation).

“The evidence is clear. We are facing not only an eviction crisis but also a crisis associated with the loss of affordable rental housing across the city. Speculative investments in housing has resulted in the loss of thousands affordable apartments through conversions and demolitions. And the trend points to the situation becoming much worse,” the coalition wrote in a public statement proposing the reforms.

Evictions have reached their high level since the height of the last dot-com boom in 1999-2000, with 1,934 evictions filed in San Francisco in fiscal year 2012-13, and the rate has picked up since then. The Sheriff’s Department sometimes does three evictions per day, last year carrying out 998 court-ordered evictions, Sheriff Ross Mirkarimi told us, arguing for an expansion of city services to the displaced.

At “Housing for Whom?” a community forum the Guardian hosted last night in the LGBT Center, panelists and audience member talked about the urgent need to protect and expand affordable housing in the city. They say the current eviction epidemic is being compounded by buyouts, demolitions, and the failure of developers to build below-market-rate units.  

“We’re bleeding affordable housing units now,” Fred Sherburn-Zimmer of Housing Right Committee said last night, noting the steadily declining percentage of housing in the city that is affordable to current city residents since rent control was approved by voters in 1979. “We took out more housing than we’ve built since then.”

Peter Cohen of the Council of Community Housing Organizations actually quantified the problem, citing studies showing that only 15 percent of San Franciscans can afford the rents and home prices of new housing units coming online. He said the housing isn’t being built for current city residents: “It’s a demand derived from a market calculation.”

Cohen said the city’s inclusionary housing laws that he helped write more than a decade ago were intended to encourage developers to actually build below-market-rate units in their projects, but almost all of them choose to pay the in-lieu fee instead, letting the city find ways to build the housing and thereby delaying construction by years.

“It was not about writing checks,” Cohen said. “It was about building affordable units.”

Last night’s discussion began with a debate about the waterfront luxury condo project proposed for 8 Washington Street, which either Props. B or C would allow the developer to build. Project opponent Jon Golinger squared off against proponent Tim Colen, who argued that the $11 million that the developer is contributing to the city’s afforable housing fund is an acceptable tradeoff.

But Sherburn-Zimmer said the developer should be held to a far higher standard given the obscence profits that he’ll be making from waterfront property that includes a city-owned seawall lot. “Public land needs to be used for the public good.”

Longtime progressive activist Ernestine Weiss sat in the front row during the forum, blasting Colen and his Prop. B as a deceptive land grab and arguing that San Francisco’s much ballyhooed rent control law was a loophole-ridden compromise that should be strengthened to prevent rents from jumping to market rate when a master tenant moves out, and to limit rent increases that exceed wage increases (rent can now rise 1.9 percent annually on rent controlled apartment.

“That’s baloney that it’s rent control!” she told the crowd.

 

 

 

 

 

 

 

 

 

Homeless advocates fight Wiener on park closures

83

The Coalition on Homelessness has launched a campaign to defeat Sup. Scott Wiener’s legislation to close down all city parks and most major plazas from midnight to 5am, which the Board of Supervisors is set to consider on Oct. 29. Activists are targeting three swing votes who could decide the controversial issue: Sups. London Breed, Norman Yee, and Katy Tang.

In an email blast to supporters, COH urged people to contact those three supervisors to raise their concerns, even suggesting a script that includes these arguments, “It further eliminates access to public space for all, it will displace homeless people, and is a waste of city funds.” [UPDATE: To protest the proposal, the Harvey Milk LGBT Democratic Club is hosting a “sleep-in” protest at Dolores Park tonight (Mon/28) starting at 9pm.]

COH Executive Director Jennifer Friedenbach told the Guardian that she has the support of the four most progressive supervisors — John Avalos, David Campos, Jane Kim, and Eric Mar — and that she just needs two of the three swing votes that COH is targeting to kill the measure outright and avoid the kind of compromise that has become Board President David Chiu’s specialty this year.

She said the measure would be particularly harmful to the homeless LGBT community and other vulnerable populations that seek refuge at night in Golden Gate Park and other hidden spots, but that it’s bad for everyone. “It forces them out into the storefronts and streets and neighborhoods and nobody will be happy with that,” she said.

Wiener denies that the measure is aimed at the homeless, telling the Guardian that his intent is to address graffiti, illegal dumping, and damage done to park facilities overnight. “We’ve had an epidemic of vandalism in our parks and it’s getting worse,” Wiener told us. “It’s a significant problem and it absolutely degrades people’s ability to use the parks.”

Friedenbach said she appreciates that Wiener isn’t aiming his rhetoric at the homeless, even though she said that’s who will be most effected by it.

“It’s great in terms of not bashing homeless people, but we know every time something like this comes up, it increases public anger toward homeless people,” she told. And she notes that the measure is being trumpeted by people who do want to use it to go after the homeless, including Mayor Ed Lee, who went off script last month and told the Examiner that he hopes the measure will be a tool to clear the homeless from Golden Gate Park.

“The mayor said it was a great idea because we need to get the homeless people out of the park,” Friedenbach told us, noting also that, “Wiener has had a thing of going after homeless people.”

Wiener denies that this is about the homeless, and he responded to Lee’s comments by telling us, “I can’t speak for anyone else.” He also said that it’s already illegal to sleep in the parks and “to the extent the police want to do sweeps in the parks, they can already do so.”

The measure would apply the closing hours to all property controlled by the Recreation and Parks Department, which includes every city park and the city’s largest plazas, including Civic Center Plaza, Justin Herman Plaza, and Union Square.

“One thing people don’t think about is this also applies to the plazas,” Friedenbach told us. “A lot of our plazas are hangout spots late at night, and there’s no reason they shouldn’t be.”

Wiener said that small plazas, such as Harvey Milk and Jane Warner plazas in the Castro, aren’t under RPD jurisdiction and therefore aren’t effected by his legislation. And he said the ordinance was already modified to allow people to walk through the affected plazas without stopping, and that he’s open to further amendments.

As for his chances of success in the face COH’s activism on the issue, he told us, “I’m not sure what’s going to happen on the 29th.”

Vote “no” on everything

13

All this year’s candidates are unopposed incumbents, which is lame. It’s a sign of an unhealthy democracy that we don’t even have a choice. Why isn’t anyone running? The citywide races on this ballot have no term limits and no public financing, so we’re stuck with career politicians until they decide to move on. Even if they’re okay at their jobs, that’s problematic.

We aren’t necessarily opposed to Treasurer Jose Cisneros or City Attorney Dennis Herrera. They each have admirable accomplishments on their résumés, but they aren’t the type of pioneering progressive leaders that we’re comfortable endorsing in uncontested elections — and Herrera has a couple ugly marks on his record (gang injunctions and invalidating a people’s referendum on Bayview/Hunters Point development).

We are, however, strongly opposed to the Guardian’s endorsements of Carmen Chu and Katy Tang. Back in the day, they worked together in Mayor Gavin Newsom’s budget office. Then he appointed Chu as District 4 supervisor and Tang became her legislative aide. Then Mayor Ed Lee appointed Chu as Assessor and it was Tang’s turn to be District 4 supervisor.

Are you sensing a trend? If Tang goes on to serve two full terms, the Sunset will go from 2007 until 2022 without a contested election. That’s crazy pants!

Odds are that will also mean 15 years without the District 4 supe ever disagreeing with the mayor. Chu was on the opposite side of virtually every contested vote The League has ever cared about: free Muni for youth, the Sit-Lie law, increasing the hotel tax, Election Day voter registration, and CleanPowerSF.

Tang hasn’t been around long, but she’s already voted against CleanPowerSF and carried the mayor’s water by trying to weaken John Avalos’s Due Process for All ordinance. She attempted to insert exceptions that would’ve made undocumented San Franciscans unsure if they could call the police without risking family members’ deportation. When she used the fearmongering image of the city becoming a “safe haven for criminals,” she was rightfully booed by hundreds of immigration and domestic violence advocates in the audience.

And then there’s the golden rule of politics: Follow the money! Chu and Tang have racked up over $150,000 each. Huge chunks of that money come from developers, property managers, consultants, and others looking to strike it rich with land use deals approved by the new board.

That’s especially troubling for Assessor-Recorder Chu. She’s responsible for assessing property taxes, most of which come from skyscrapers downtown. She should be all up in the business of those corporations: Every time a building changes hands or a company’s ownership changes, the company owes a real estate transfer tax. But Chu is buddy-buddy with the Building Owners and Managers Association, taking piles of cash from the real estate industry. That sucks.

This business of the mayor appointing his buddies who then go on to win uncontested races has got to stop. It’s troubling that the mayor — our executive branch — unilaterally fills out our legislative branch. Hello? Did the folks writing our City Charter ever hear of “checks and balances?”

We think all mayoral appointees should be placeholders, legally prohibited from running in the following election. None of this pledging not to run and then “changing your mind” (we’re looking at you, Ed Lee). That reform would be a proposition we could say yes to — and a welcome change of pace from this November’s ballot.

The San Francisco League of Pissed Off Voters is an all-volunteer local chapter of the National League of Young Voters.

On the line

31

rebecca@sfbg.com

Nobody knew exactly when the bus would leave. It was the afternoon of Oct. 17, and a group of about 60 immigrant rights activists were gathered in the shade of some tall trees in a park by the TransAmerica Pyramid in downtown San Francisco.

Many were young, Latino or Asian Pacific Islander, dressed in hooded sweatshirts, baseball caps, and slim-fitting jeans. They chatted and milled about, perhaps trying to ease a gnawing sense of anticipation over what was about to happen.

Half a block away and out of view, federal Immigration and Customs Enforcement officers were leading passengers onto a white bus, parked at the ICE building at 630 Sansome St., with a “Homeland Security” label inscribed on the front. All the passengers were ICE detainees; some were about to embark on long deportation journeys, while others were being sent to detention centers where they would remain in limbo until either being deported or exonerated.

Back at the park, organizer Jen Low was peering at her phone every 10 minutes. “They’re locking the bus!” she exclaimed after reading a text sent by someone on the lookout. That meant it was almost time to go. The activists started organizing themselves into two groups: Those willing to risk arrest, and those planning to rally in support.

The ones facing arrest were planning to engage in peaceful civil disobedience, by placing their bodies in front of the bus to prevent it from going anywhere. “About half of the people who will be blocking the bus are undocumented,” Low told the Guardian as they prepared to exit the park. “That’s why some of us are so on edge right now.”

They headed toward the ICE building en masse, slowly at first and then quickening their pace, some hastily peeling off top layers to reveal handmade T-shirts underneath proclaiming, “Not one more.” Others were already stationed at the bus, and as 10 protesters linked arms and settled onto the street in front of it, someone had already started up a chorus of “We Shall Not Be Moved.”

 

INTO ICE CUSTODY

They’d been inspired by a recent ICE bus blockade carried out by Arizona activists, organizer Jon Rodney said, and the civil disobedience was meant to send a message to President Barack Obama that it’s unfair to continue deporting undocumented people as long as a resolution on federal immigration reform remains stalled in Congress. Rodney’s organization, the California Immigrant Policy Center, has emphasized family unity as a guiding principle that should inform immigration reform efforts.

A variety of organizations had been involved in planning the action, including the California Immigrant Policy Center, Causa Justa/Just Cause, POWER (People Organized to Win Employment Rights), ASPIRE (Asian Students Promoting Immigrant Rights through Education), and the Asian Law Caucus.

Among the protesters was Dean Santos, a 23-year-old originally from the Philippines who had been brought to the US when he was 12. Not so long ago, he’d been transported out of San Francisco on a white deportation bus leaving from that very building. Faced with a trumped-up felony that was later downgraded to a misdemeanor, Santos was taken into federal custody in late 2010 because the initial serious charge triggered ICE involvement.

He was given the choice of voluntary deportation or indefinite detention while he fought his case. Santos chose the latter. He called his mother in San Bruno, where they lived, and apologized for what had happened.

Locked in a cramped cell in the San Francisco ICE building, he started to feel overcome with fear, but an elder man he was detained with offered comforting words. “He told me he had also decided to stay and fight, and he said he was doing it for the sake of his daughters,” Santos recalled.

That’s when it hit him that he wasn’t the only one whose life was potentially about to be upended due to deportation. The realization eventually fueled his activism, he said. He was inspired to participate in the undocumented youth movement to call for just and inclusive immigration reform, and he’d joined the ICE blockade as a member of ASPIRE and the Asian Pacific Islanders Undocumented Youth Group.

 

TWO MILLION DEPORTATIONS

In just a short time, the scene outside the ICE building had become zoo-like. Television news crews appeared, police cars raced up with lights flashing, and a few young ICE guards, sporting thick black vests and belts with holstered weapons, stood by the bus in wide defensive stances.

More than 100 supporters formed a procession and encircled the vehicle, waving signs and chanting as they went round and round. “Down, down with deportation! Up, up with liberation!” Some chants were in Spanish: “Obama, escucha, estamos en la lucha!” (Obama, listen, we’re in the struggle.)

Obama delivered comments that very day, as the federal government was reopening after being shut down by Congress, signaling that immigration reform was the next major agenda item.

“We should finish the job of fixing our broken immigration system,” the president said in a televised address from the Rose Garden. “There’s already a broad coalition across America that’s behind this effort — from business leaders to faith leaders to law enforcement. The Senate has already passed a bill with strong bipartisan support. Now the House should, too. It can and should get done by the end of this year.”

California has the largest immigrant population of any other state, with an estimated 2.8 million undocumented Californians. Advocates are calling for the creation of a path to citizenship that isn’t overly burdensome, and for immigration policy that doesn’t rely on detention and deportation as cornerstones of immigration enforcement.

“We were really hoping immigration reform would pass and reduce deportations,” Asian Law Caucus staff attorney Anoop Prasad told the Bay Guardian just before the protest got underway. Instead, “Obama is closing in on his two millionth deportation since becoming president,” he said, a higher number than those carried out under President George H.W. Bush when he’d been in office for the same duration.

Much of that steep increase has to do with technological capability and information sharing under Secure Communities (S-Comm), which has resulted in an estimated 90,000 deportations of undocumented people in California alone.

Prasad said he had reviewed the roster of detainees loaded onto the bus earlier that day. They’d been taken into ICE custody in various Northern California cities, including San Francisco, and they had origins in Russia, Mexico, Ethiopia, Vietnam, El Salvador, India, and other countries. Some had children, and a few were minors themselves.

“One guy has been here since he was 11 months old,” Prasad said. “Now he’s in his 40s.”

There are three immigration courts inside 630 Sansome. Undocumented detainees are transported there from ICE facilities in Richmond, Bakersfield, Sacramento, and Yuba County, often roused around 3am. They aren’t allowed any books or personal property when they’re locked up awaiting court appearances, Prasad said/

“In court,” he said, “a lot of times people have their legs and hands shackled.”

Sometimes the early-morning departures and daytime detentions can disrupt medication routines, he added. That’s a problem for people taking medication to combat mental illness — especially when they’re headed for anxiety-inducing appearances in court.

 

FALSE IMPRISONMENT, REAL CONSEQUENCES

Around 5:30pm at the ICE bus blockade, the SFPD closed off the intersection and told activists they would risk arrest if they didn’t move out of the way. The larger group of supporters squeezed onto the sidewalk, but those who had set out to perform civil disobedience stayed planted where they were.

It seemed the SFPD would arrest them at any time. A police officer crouched down and spoke with them in a conversational tone as they sat with their hands clasped. “I know what you guys are trying to do,” he said, adding that he wasn’t trying to stop them from speaking out about their cause. But he asked them to stand up and let the bus get on its way. They refused.

San Francisco has been a Sanctuary City since 1989, which means city employees are prohibited from helping Immigration and Customs Enforcement (ICE) with immigration investigations or arrests except in cases where it’s required by federal or state law, or a warrant.

If they were taken into custody by the SFPD and charged with misdemeanors, the activists had reason to believe they would be spared from deportation. Added protection for undocumented San Francisco residents will soon take effect under legislation recently approved by the San Francisco Board of Supervisors.

Authored by Sup. John Avalos, it prohibits local law enforcement from honoring ICE requests to hold detainees for an additional 48 hours, except in very narrow circumstances. Federal authorities issue those requests to allow enough time to take those undocumented individuals into custody — even if they lack probable cause showing that the person was involved in criminal activity. Their status is detected via S-Comm, an information-sharing program between federal agencies that links fingerprint databases.

But a debate had apparently started between the two agencies over whether the protesters were under SFPD’s jurisdiction, or ICE’s. Prasad said federal agents threatened the activists with charges of felony false imprisonment if they did not end their protest immediately. That charge essentially means holding someone against his or her will, but “they’re not blocking the door,” he pointed out. (Some armed ICE agents, meanwhile, did happen to be standing in front of the bus door.)

The prospect of facing federal felony charges carried potentially grave consequences. Just before the start of the protest, Santos described what his own ICE bus trip had been like. He’d boarded it with about 35 other passengers, mostly men. As they crossed the Bay Bridge, he felt a pit in his stomach as he looked back at the Ferry Building, wondering if he was going to be separated from his family for good.

Santos and the other detainees were transported to Oakland International Airport, brought through a special security area, and led onto a plane. The flight stopped in Bakersfield, Los Angeles, and San Bernardino, picking up more detainees at each location. Then the flight touched down in San Diego, where some were taken off the plane and sent across the border to Tijuana.

Santos’ journey ended at an ICE detention center in Florence, Ariz. He said there were 14 bunks in a room with a single toilet, which was not well maintained. He had no idea how long he was going to remain there, but it ultimately turned out to be two weeks.

Extended family on the East Coast helped his parents locate a lawyer in Arizona, and the lawyer helped him qualify for bail, which his parents posted. He was released, and finally returned to San Francisco after 16 hours on a Greyhound bus.

Eventually, the whole matter was dropped because he benefitted from prosecutorial discretion under Deferred Action for Childhood Arrivals, federal policy enacted in June 2012 directing ICE to give special consideration to individuals who immigrated illegally to the US as children.

 

STILL UNAFRAID

Protesters at the blockade were having an intense consultation with Prasad, the Asian Law Caucus attorney, as he explained what was potentially at stake. Heads together and eyes wide as they talked it out, they ultimately opted to hold firm.

“We will do whatever is necessary for our community!” Alex Aldana bellowed into a megaphone while the supporters cheered. The group erupted into wild chanting: “Undocumented, unafraid!”

Not long after that, all were brought to their feet and led away from the bus by men in uniforms — it was federal ICE officers who escorted them away, not SFPD officers.

They brought them past the crime tape and around the corner from where the bus was parked. Then they lined them up, wrote out tickets, and let them go. Prasad said he guessed that the agency was worried about the backlash it might receive had it gone through with taking them into custody and pressing charges. Energy was high as it dawned on the activists that they were getting Certificates of Release instead of handcuffs. Still in the line police had arranged them, they jumped up and down on the sidewalk, still chanting, while a federal officer filled out the forms and placed them into their hands. As evening fell, the bus passengers remained shackled in their seats, invisible to all but the driver. Once the activists had been cleared from the scene and the authorities regained control of the situation, the bus backed up and left.

Supes approve funding request for jail construction

“A Costco warehouse with metal bunk beds” is how Matt Freeman of the San Francisco Sheriff’s Department described one of the county’s outmoded jail facilities, speaking at a meeting in City Hall today (Tue/22). At its meeting, San Francisco Board of Supervisors cleared the way for the Sheriff and the Department of Public Works to request $80 million in state funding to be put toward the construction of a modernized jail.

The new facility would replace seismically vulnerable 1950s era jails that are slated for demolition as part of a larger Hall of Justice overhaul. However, some supervisors voiced reservations about the plan.

As the Guardian recently reported, plans for the $290 million jail rebuild have drawn criticism from community advocates who question the use of resources that could be spent on programs to help people stay out of the criminal justice system.

Sup. Eric Mar, who refused to endorse the grant application at a recent Budget & Finance Committee meeting, piped up at the beginning of this meeting to say he’d had a change of heart. Evidently, Sheriff Ross Mirkarimi and some others from the Sheriff’s Department took him on a tour of the San Bruno jail, the county’s most modern facility, to show him the difference between an outmoded jail and one designed with rehabilitative programming in mind.

“I see now that the need is really critical, for safety for inmates but also … a seismically safe and modern jail,” Mar said. “I’m convinced now that it’s really about … supporting anti-recidivism and rehabilitation programs. I really appreciate the sheriff and his staff for opening my eyes.”

But Sup. David Campos was not yet entirely sold on the need for a new jail. “I am not in a position to say that I support the building of this facility,” he said, but said he could be open the possibility after studying the details. “I do acknowledge that I have a bias – I would rather spend less money building a jail than building other things that I think are better investments for our city. That’s not to say I don’t want the jail population to be taken care of. I clearly do.” His office has requested a hearing on this topic, which will be held in early December.

Sup. John Avalos said he too had found it “difficult to support a jail altogether,” but noted that a debate on that decision would come at a later time. “This is just making sure that we have an opportunity to receive state funding if we decide to rebuild,” he said.

In the end, the request to submit an $80 million grant application for state funding was approved without opposition. But the preliminary discussion suggests that a broader debate over San Francisco’s jail rebuild is on the horizon, and it’s an issue where typical political allies won’t necessarily see eye-to-eye. At the same time, it’s a big financial commitment. According to City Controller Ben Rosenfield, the total cost could be in excess of $500 million after financing is factored in.

Homeless advocates fight Wiener’s effort to close parks at night

135

The Coalition on Homelessness has launched a campaign to defeat Sup. Scott Wiener’s legislation to close down all city parks and most major plazas from midnight to 5am, which the Board of Supervisors is set to consider on Oct. 29. Activists are targeting three swing votes who could decide the controversial issue: Sups. London Breed, Norman Yee, and Katy Tang.

In an email blast to supporters, COH urged people to contact those three supervisors to raise their concerns, even suggesting a script that includes these arguments, “It further eliminates access to public space for all, it will displace homeless people, and is a waste of city funds.”

COH Executive Director Jennifer Friedenbach told the Guardian that she has the support of the four most progressive supervisors — John Avalos, David Campos, Jane Kim, and Eric Mar — and that she just needs two of the three swing votes that COH is targetting to kill the measure outright and avoid the kind of compromise that has become Board President David Chiu’s specialty this year.

She said the measure would be particularly harmful to the homeless LGBT community and other vulnerable populations that seek refuge at night in Golden Gate Park and other hidden spots, but that it’s bad for everyone. “It forces them out into the storefronts and streets and neighborhoods and nobody will be happy with that,” she said.

Wiener denies that the measure is aimed at the homeless, telling the Guardian that his intent is to address graffiti, illegal dumping, and damage done to park facilities overnight. “We’ve had an epidemic of vandalism in our parks and it’s getting worse,” Wiener told us. “It’s a significant problem and it absolutely degrades people’s ability to use the parks.”

Friedenbach said she appreciates that Wiener isn’t aiming his rhetoric at the homeless, even though she said that’s who will be most effected by it.

“It’s great in terms of not bashing homeless people, but we know everytime something like this comes up, it increases public anger toward homeless people,” she told. And she notes that the measure is being trumpeted by people who do want to use it to go after the homeless, including Mayor Ed Lee, who went off script last month and told the Examiner that he hopes the measure will be a tool to clear the homeless from Golden Gate Park.

“The mayor said it was a great idea because we need to get the homeless people out of the park,” Friedenbach told us, noting also that, “Wiener has had a thing of going after homeless people.”

Wiener denies that this is about the homeless, and he responded to Lee’s comments by telling us, “I can’t speak for anyone else.” He also said that it’s already illegal to sleep in the parks and “to the extent the police want to do sweeps in the parks, they can already do so.”

The measure would apply the closing hours to all property controlled by the Recreation and Parks Department, which includes every city park and the city’s largest plazas, including Civic Center Plaza, Justin Herman Plaza, and Union Square.

“One thing people don’t think about is this also applies to the plazas,” Friedenbach told us. “A lot of our plazas are hangout spots late at night, and there’s no reason they shouldn’t be.”

Wiener said that small plazas, such as Harvey Milk and Jane Warner plazas in the Castro, aren’t under RPD jurisdiction and therefore aren’t effected by his legislation. And he said the ordinance was already modified to allow people to walk through the affected plazas without stopping, and that he’s open to further amendments.

As for his chances of success in the face COH’s activism on the issue, he told us, “I’m not sure what’s going to happen on the 29th.”

Lock-up shake up

21

rebecca@sfbg.com

Should San Francisco spend $290 million on a modernized jail to replace the old ones that will be demolished when the Hall of Justice comes down?

That’s been the plan for years, but the Board of Supervisors Budget & Finance Committee started to ponder that question at its Oct. 9 meeting, setting the stage for a larger debate that hinges on questions about what it means to take a progressive approach to incarceration.

The Department of Public Works, in collaboration with the Sheriff’s Department, is preparing to submit a state grant application for $80 million to help offset the cost of rebuilding County Jails 3 and 4, outmoded facilities that are located on the sixth and seventh floors of the Hall of Justice.

That building is seismically vulnerable, and slated to be razed and rebuilt under a capital plan that has been in the works for the better part of a decade. With a combined capacity of 905 beds, Jails 3 and 4 were built in the 1950s and are in deplorable condition.

At the hearing, when supervisors considered whether to authorize the $80 million grant application, Sheriff Ross Mirkarimi said the current state of affairs is so bad that his department had to convert a bathroom to a visitation area because there was nowhere else for inmates to spend time with their kids in the same room. In other areas of the jail, temporarily vacant holding cells sometimes double as classroom space, since the department lacks dedicated areas for conducting classes.

The new jail would be built with somewhere between 481 and 688 beds, based on a lower calculated projected need, and more space would be devoted to programs like substance abuse education, parenting programs, or counseling.

San Francisco currently has five jails, but only one — a San Bruno facility built in 2006 — has what the Sheriff’s Department considers to be adequate space for rehabilitative services. Inmates there can opt to earn a high school diploma or take a course in meditation, and the department wants to build on that design in the new facilities.

Mirkarimi urged committee members to sanction the funding request as a first step toward that goal. “Whether it’s parenting programs or something that goes much deeper, then we need that space to make it happen,” he said.

At the same time, some community advocates questioned the very premise of spending millions on a new jail, arguing that scarce public resources could be better spent on services to prevent people from winding up in the criminal justice system to begin with.

In late August, the American Civil Liberties Union and the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area called for the plan to be reexamined. “We agree that Jails 3 and 4 in the Hall of Justice should be torn down,” they wrote, “[but] we question the need to replace them with a new facility.”

Micaela Davis, criminal justice and drug policy attorney at the ACLU of Northern California, told the Guardian that advocates are seeking to reframe the debate by questioning why a new jail should even be built, rather than focusing on what kind of jail should replace the old ones.

She and other advocates are pushing for the county to explore alternatives to jailing arrestees who haven’t yet gone to trial, or look at ways of reorganizing housing for existing inmates. Given that the jail has been in the capital plan for so many years, she said, “it just seems necessary to reevaluate before moving forward with this project.”

While Sup. David Campos hasn’t taken a position so far, he submitted a request at the Oct. 1 board meeting for a hearing “to have an open discussion about what is being proposed, and to really examine if what is proposed makes sense,” he said. It’s expected to take place in early December at the Neighborhood Services and Safety Committee.

If San Francisco is awarded the $80 million in state funding, it must agree to dedicate $8.9 million of its own funds toward the project, which would be spent on preliminary designs, studies, environmental review, and other early costs, according to a board resolution approving the request.

Speaking at the Oct. 9 committee hearing, Sup. John Avalos responded to activists’ concerns by saying: “The last thing I want to do is build out the prison industrial complex. … I’ve always wanted to make sure we were minimizing what would lead to incarceration of more people.” While he did support the idea of applying for the grant, he did so with a caveat. “I would certainly want to uphold the right to vote against a jail in the future,” Avalos said.

Sup. Eric Mar, on the other hand, would not consent to allowing the funding request. “I can’t, under clear conscience, support this,” he said. In the end, the committee authorized the grant application with Avalos and Sup. Mark Farrell supporting it, and Mar opposed.

Activists try again to stop Jack Spade

67

The fight to keep suspected formula retailer Jack Spade out of the Mission resumes this evening (Wed/9) when The Stop Jack Spade Coalition lays out it’s case against the men’s clothing chain before the Board of Appeals in an attempt to force the business to go through a conditional use permit hearing. [UPDATE: Activists say they won a big victory last night, not just winning that vote but maybe convincing Jack Spade to withdraw its application completely. We’re working on confirming things now and we’ll have more details soon.]

The new push against Jack Spade comes less than two months after an original appeal found the retailer not to be in violation of the neighborhood’s formula retail ban, with the opposition campaign getting written support of Sups. Eric Mar, John Avalos, and David Campos. They join a growing list of those opposed to the retailer, one that currently features former Board of Supervisors presidents Matt Gonzalez and Aaron Peskin and Assemblymember Tom Ammiano.

If the coalition is granted a rehearing, it will be the second time an appeal is heard on the matter. On Aug. 21, the Board of Appeals ruled against the retailer in a 3-2 majority decision, but the decision still lacked the four votes required to revoke the building permits.

Jack Spade — currently slated to rent the former Adobe Bookshop storefront at 3166 16th Street — was originally granted its business and building permits sans conditional use hearing, an act that was supposed to be unheard of for a prospective national retailer inside a neighborhood with a formula retail ban.

The 2004 formula retail ordinance requires a businesses to get a conditional use permit before moving into certain San Francisco neighborhoods if they meet the “formula retail” criteria. Part of that criteria states that a store can have no more than 11 “retail sales establishments located in the United States.” Jack Spade, pre-Mission store, has just 10 unique stores, which allowed them to circumvent the hearing process.

But according to 5th & Pacific’s public records, the holding company (formerly known as Liz Claiborne) that owns Jack Spade, the high-end men’s clothing store is not an independent business but rather a sub-brand of Kate Spade; a women’s clothing store with 94 locations in the United States alone.

The coalition opposing Jack Spade’s now-imminent Mission migration is using this piece of information as Exhibit A in their fight against the retailer. The coalition is claiming that by not acknowledging the fact that Jack Spade itself was part of a far larger corporation, the retailer violated the formula retail ban by claiming “independent business” status.

As the move-in date for the Mission’s unwanted addition grows near, the coalition has taken up the cause once again, mustering support from nearly every constituency available.

It will be bringing its revamped case to the Board of Appeals, this time with testimony seemingly focused on the misleading nature of Jack Spade’s classification as an “independent business.” That should prove to be an effective move for the coalition, because Jack Spade isn’t an independent business, and they don’t try to classify themselves as such outside of San Francisco.

In fact, according to 5th & Pacific’s 10-K filings with the SEC, the “Kate Spade brand offers fashion accessories for women under the Kate Spade and Kate Spade Saturday trademarks, and for men under the Jack Spade trademark.” The two brands even share the same CEO: Craig Leavitt. Declaring that the two companies are independent of each other based on product offering is like saying beef and milk are independent of  other because they come from different parts of the cow.

Now, armed with an updated defense, the Coalition is taking a second stab at the appellate process, one they feel good about. In a letter to the Board, executive director of the Valencia Corridor Merchant Association (VCMA) Luis Granados said, “If the findings section were fully taken into account [last time], we believe the Board will see that Jack Spade is formula retail, as set forth under the law.”

Or as Gonzalez wrote in a letter to the Board of Appeals: “Issues of corporate ownership and/or corporate structure have been a matter of debate in previous hearings regarding Jack/Kate Spade’s permits.  While nowhere in the planning code does it require the consideration of corporate ownership/structure, neither does the ordinance forbid a consideration of corporate ownership/structure.  Indeed, in order to fulfill the clear intent of the law in a common sense manner, it will be necessary, in some cases, to consider corporate ownership/structure.

I urge you to grant the VCMA’s request for a rehearing of Jack/Kate Spade’s permits in order to prevent manifest injustice.”

And considering the momentum that the anti-Jack Spade movement is now gaining, the optimism isn’t unreasonable.

Activist Andy Blue, who helped organize the protest, acknowledged the high bar needed to overrule the flawed ruling by the Planning Department, telling us, “We’re cautiously optimistic, but it’s a long shot.”

BART negotiations continue as unions withhold strike threat UPDATED

105

With the 60-day cooling off period ordered by Gov. Jerry Brown coming to an end on Thursday, raising the specter of another Bay Area Rapid Transit shutdown, BART’s two main unions announced yesterday that they were holding off on calling a strike for now. [UPDATE 10/11: BART unions today issued a 72-hour strike notice, meaning they could strike on Monday].

“We’ve listened to the public and we share their concern about a disruption in service at the end of the cooling-off period.  We do not want to strike. That is why we’re not giving a 72-hour notice at this time, because we want to leave every opportunity open to try to get this deal done. Of course we are keeping all options on the table,” Service Employee International Union Local 1021 and Amalgamated Transit Union Local 1555 said in a joint statement.

Some media reports indicate that there has finally been some progress in the long-stalled negotiations, with a framework on pensions being agreed to, although the two sides still seem far apart on wages, benefits, and the length of the contract.

The unions cast it this way: “To this point of doing everything possible to avoid a strike: over the past 10 days, the unions have moved publicly three times, to BART’s zero times. If this were a score in the baseball playoffs – we, the Oakland A’s would be three and they, the Detroit Tigers would be zero. 

“At this point, if there is a disruption in service at the end of the cooling-off period, it will be for one reason and for one reason alone: our elected BART leadership has not shown leadership.”

BART Board President Tom Radulovich disputed that the concessions have been one-sided, but he said that, “They continue to want to negotiate in the media and we’re not really down with that.”

Asked to characterized where things stand and the prospects for resolving the impasse without another strike, Radulovich said, “We’re still cranking away and trying to get it done…It’s really not up to us whether there’s a strike or not. We just have to get this done.”

Meanwhile, while conservatives clamor to use the situation to get the Democrat-controlled Legislature to ban unions from striking (good luck with that one), Sup. John Avalos held a hearing yesterday at City Hall to examine some of the larger issues at play in the impasse, such as retirement security, that the Guardian covered in our July 9 issue.

Asked how the hearing went, Avalos told the Guardian, “We talked a lot about how BART has been villifying workers in the court of public opinion in an effort to weaken workers’ bargaining power.”