Planning

Holiday snowjob

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sarah@sfbg.com

Shortly before Thanksgiving, San Francisco city officials announced that the draft environmental impact report for Lennar Corp.’s massive Hunters Point Shipyard-Candlestick Point redevelopment proposal was finally available, and that the public has 45 days — until Dec. 28 — to read and comment on the 4,400-page document.

Envisioned to include more than 10,000 homes (most of them market-rate condos) spread over 708 acres in southeast San Francisco, the project — whose vague outlines city voters affirmed by approving Prop. G in June 2008 — is the centerpiece of the city’s housing strategy for the next 25 years.

At a Nov. 5 presentation, Michael Cohen, Mayor Gavin Newsom’s top economic advisor, told the city’s Planning Commission that the DEIR was a "milestone." But critics warn that this milestone could become a millstone around the city’s neck if it fails to extend the DEIR review period, as a coalition of environmental groups and a state agency are requesting. Cohen did not return repeated calls for this story.

These groups are concerned that the city of San Francisco, Lennar’s partner in this billion-dollar deal, is trying to rush through a controversial project before anyone can review its details. Forty-five days is the minimum required under California Environmental Quality Act guidelines for a project that also needs to be reviewed by state agencies and the groups want the deadline extended to mid-February.

The southeast sector has historically been home to low-income communities of color, and fears are running high that this project will continue the destructive, gentrifying legacy of the San Francisco Redevelopment Agency, which shares lead agency responsibilities for this project with the Planning Department.

After Redevelopment Agency projects in Western Addition and Yerba Buena displaced much of San Francisco’s African American population, there is concern that if this project isn’t carefully considered, it could finish the job in the remaining parts of town with significant black populations: Bayview and Hunters Point, which are both in the plan area.

"People would have to read 130-plus pages per day since the DEIR’s release to complete it by the first public hearing," said Kristine Enea, who sits on the board of the India Basin Neighborhood Association and is a candidate in the 2010 race to replace termed-out District 10 Sup. Sophie Maxwell.

Downloadable at the Planning Department’s Web site, the Shipyard-Candlestick DEIR envisions an influx of 24,465 new residents and the possible building of a new 49ers stadium on a site that is radiologically contaminated, seismically vulnerable, and will undoubtedly be adversely affected by climate change-induced sea level rise.

As such, it requires significant chunks of time to digest and comment on — something folks are urged to do at two public hearings in mid-December or in writing by Dec. 28.

"The timeline is incredibly short," Arc Ecology’s executive director Saul Bloom told us. So a coalition that includes Bloom, Enea, Arc Ecology, the Urban Strategies Council, the Sierra Club, the California Native Plant Society, and the Potrero Hill Democratic Club is urging Mayor Gavin Newsom to extend the DEIR public review period to 90 days.

"We believe that a public review period totaling 90 days ending on Feb. 12, 2010 is necessary and of appropriate length for the public and our organizations to review, discuss, and comment on this complicated tome," the coalition wrote in a Dec. 7 letter.

Also seeking a time extension is the San Francisco Bay Conservation and Development Commission (BCDC), a state agency charged with reviewing large projects that may impact the bay, although the agency did sign onto the coalition’s letter. BCDC studies project that much of the project area could be inundated with rising water levels caused by global warming.

Technically, the lead agencies have the authority to extend EIR comment periods, but because they are controlled by mayoral appointees, the coalition is appealing to Newsom. The coalition letter notes that the project will nearly double the population of Bayview-Hunters Point, and that the newly released DEIR was nearly two years in the making.

"The city’s project staff reasonably took the time to provide what in their opinion is an adequate review of the project," the coalition wrote. "The public similarly deserves 12 weeks to examine and comment on your work."

City officials have been patient with Lennar, recently granting the company a six-month delay in construction of housing at Phase 1 of the development, which sits at Parcel A of the shipyard. As a result, construction for Phase 2 is not expected to start until 2015 and continue until about 2035.

So coalition members say at 45-day delay isn’t asking much. The letter makes clear that the coalition isn’t opposed to the project or Newsom’s administration, but that its members expect "public engagement and transparency in government."

"It is our view that a 45-day public review period for a document as complex and lengthy as the DEIR is simply inadequate under any circumstances," the coalition wrote, adding that the document’s release over the Thanksgiving, Christmas, Kwanza, and Hanukkah holidays is "particularly troubling." By contrast, Santa Clara Countyoffered an extended comment period for its DEIR on its proposed new 49ers stadium.

"By releasing a six volume, 4,400 page document a week and a half before Thanksgiving, you have demanded that the public and community based organizations choose between civic duty, prearranged vacation time, and obligations to family and faith," the coalition wrote, noting that the city effectively shortened even this prep time to 25 days by holding public hearings one month after the DEIR’s release.

Unlike Prop. G or previous discussion about Phase 1 of the project, the coalition reminded Newsom that an EIR is an administrative decision document, and the DEIR is the part of the approval process where ideas become concrete plans to be approved in a lawful process. "Transparency in government is not just a matter of letting the public see information," the coalition observe in the letter. "The capacity to act on what one sees is critical to transparency and the length of the look has a direct effect on the quality of observation."

Or as Bloom warned the Guardian, the current 45-day review period will likely result in a polarized dialogue. "It will lead to the squeezing out of any of the middle-of-the road perspective from folks who are not opposed to development but think the proposed project could be better," Bloom warned. "And if that happens, no modifications will be possible."

The DEIR will be the subject of two public hearings: Dec. 15 at 4 p.m. in City Hall Room 416 by the Redevelopment Agency and Dec. 17 at 1:30 p.m. in City Hall Room 400 by the Planning Commission.

Losing hope

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news@sfbg.com

In the back room of Tommy’s Joynt, more than a dozen members of the antiwar group Code Pink gathered Dec. 1 to watch television coverage of President Barack Obama’s speech announcing that 30,000 more U.S. troops would be sent to fight in Afghanistan, his second major escalation of that war this year.

“This is not the hope you voted for!” read a flyer distributed at the event.

Yet even among Code Pink’s militant members, reactions ranged from feeling disappointed and betrayed to feeling validated in never believing Obama was the agent of change that he pretended to be.

Jennifer Teguia seemed an example of former, while Cecile Pineda embodied the latter. “Right down the line, it’s been the corporate line,” Pineda told us, citing as examples Obama’s support for Wall Street bailouts and insiders and his abandonment of single-payer health reform in favor of an insurance-based system. “For serious politicos, hope is a fantasy.”

Throughout the speech, Pineda let out audible groans at Obama lines such as “We did not ask for this fight” and “A place that had known decades of fear now has reason to hope.” When the president promised a quick exit date, Pineda labeled it “the old in and out.” And when Obama made one too many references to 9/11, she blurted out, “Ha! 9/11!” and “He sounds just like Bush!”

But Teguia just looked saddened by the speech, and maybe a little weary that after nearly eight years of fruitlessly fighting Bush’s wars, the movement will now need to reignite to resist Obama’s escalation, which will put more U.S. troops in Iraq and Afghanistan than Bush ever deployed.

“People are feeling tired and overwhelmed. We’ve been doing this year after year, and it’s endless. People are feeling dispirited,” Teguia told me just before the speech began.

She and other Obama supporters were willing to be patient and hopeful that Obama would eventually make good on his progressive campaign rhetoric. “But people are starting to feel like this window is closing,” Teguia said. “Now it’s at the tipping point.”

Obama has always tried to walk a fine line between his progressive ideals and his more pragmatic, centrist governing style. But in a conservative and often jingoistic country, Obama’s “center” isn’t where the antiwar movement thinks it ought to be.

“Obama is trying to unite the establishment instead of uniting the people against the establishment,” Teguia said.

That grim perspective was voiced by everyone in the room.

“Not only is he not clearing up the mess in Iraq, he’s escautf8g in Afghanistan,” said Rae Abileah, a Code Pink staff member who coordinates local campaigns. “I think people are outraged and frustrated and they’ve had enough.”

Perhaps, but the antiwar movement just isn’t what it was in 2003, when it shut down San Francisco on the first full day of war in Iraq. And the fact that Obama is a Democrat who opposed the Iraq War presents a real challenge for those who don’t support his Afghanistan policy and fear that it will be a disaster.

Democratic dilemma

Obama’s announcement — more then anything Bush ever said or did — is dividing the Democratic Party establishment, and the epicenter of that division is in San Francisco.

Rep. Nancy Pelosi is the Speaker of the House, second in command of the Democratic Party, essentially the person most responsible for the success or failure of a Democratic president’s agenda in Congress. She also represents a city where antiwar sentiment is among the strongest in the nation — and many of her Bay Area Democratic colleagues have already spoken out strongly against the Afghanistan troop surge.

Lynn Woolsey, the Marin Democrat who chairs the Progressive Caucus, issued a statement immediately following Obama’s speech in which she minced no words: “I remain opposed to sending more combat troops because I just don’t see that there is a military solution to the situation in Afghanistan,” she said, adding that “This is no surprise to me at all. I knew [Obama] was a moderate politician. I’ve known it all along.”

Woolsey told the Contra Costa Times that she thinks a majority of Democrats will oppose funding the troop increase — and that it will pass the House only because Republicans will vote for it.

Barbara Lee, (D-Oakland), the only member of Congress to vote against sending troops to Afghanistan eight years ago, has already introduced a bill, HR 3699, that would cut off funding for any expanded military presence there.

George Miller, (D-Martinez), has been harsh in his criticism. “We need an honest national government in Afghanistan,” Miller said in a statement. “We don’t have one. We need substantial help from our allies in the region, like Russia, China, India, and Iran. We are not getting it. We need Pakistan to be a credible ally in our efforts. It is not. We need a substantial commitment of resources and troops from NATO and our allies. While NATO is expected to add a small number of new troops, other troops have announced they are leaving. We need a large Afghan police force and army that is trained and ready to defend their country. We don’t have it.”

So where’s Pelosi? Hard to tell. At this point, she’s refused to say whether she supports the president’s plan. We called her office and were referred to her only formal statement on the issue, which says: “Tonight, the president articulated a way out of this war with the mission of defeating Al Qaeda and preventing terrorists from using Afghanistan and Pakistan as safe havens to again launch attacks against the United States and our allies. The president has offered President Karzai a chance to prove that he is a reliable partner. The American people and the Congress will now have an opportunity to fully examine this strategy.”

That sounds a lot like the position of someone who is prepared to support Obama. And that might not play well in her hometown.

The San Francisco Democratic County Central Committee has been vocal about criticizing the wars in Iraq and Afghanistan, and on July 22, 2009, the committee passed a resolution demanding an Afghanistan exit strategy. There’s a good chance someone on the committee will submit a resolution urging Pelosi to join Woolsey, Lee, and Miller in opposition to the Obama surge. “I’ve been thinking about it,” committee member Michael Goldstein, who authored the July resolution, told us.

That sort of thing tends to infuriate Pelosi, who doesn’t like getting pushed from the left. And since there are already the beginnings of an organized effort by centrist Democrats and downtown forces to run a slate that would challenge progressive control of the local Democratic Party, offending Pelosi (and encouraging her to put money into the downtown slate) would be risky.

Still, Goldstein said, “she’ll probably do that anyway.”

And it would leave the more moderate Democrats on the Central Committee — who typically support Pelosi — in a bind. Will they vote against a measure calling for a withdrawal from Afghanistan? Could that be an issue in the DCCC campaign in June 2010 — and potentially, in the supervisors’ races in the fall?

In at least one key supervisorial district — eight — the role of the DCCC and the record of its members will be relevant, since three of the leading candidates in that district — Rafael Mandleman, Scott Wiener, and Laura Spanjian — are all committee members.

Tom Gallagher, president of the Bernal Heights Democratic Club and author of past antiwar resolutions at the DCCC, acknowledged what an uphill battle antiwar Democrats face.

“The antiwar movement today is a bunch of beleaguered people, half of whom have very bad judgment,” he said. “I’m afraid a lot of people have just given up.”

On the streets

The day after Obama’s speech, Code Pink, the ANSWER Coalition, and four other antiwar groups sponsored a San Francisco rally opposing the Afghanistan decision — the first indication of whether Bay Area residents were motivated to march against Obama.

ANSWER’s regional director Richard Becker told us the day before, “I think we’re going to get a big turnout. The tension has really been building. We may see a revival.”

But on the streets, there wasn’t much sign of an antiwar revival, at least not yet. Only about 100 people were gathered at the intersection of Market and Powell streets when the rally begun, and that built up to maybe a few hundred by the time they marched.

“I’m wondering about the despair people are feeling,” Barry Hermanson, who has run for Congress and other offices as a member of the Green Party, told us at the event. He considered Obama’s decision “a betrayal,” adding that “it’s not going to stop me from working for peace. There is no other alternative.”

As Becker led the crowd in a half-hearted chant, “Occupation is a crime, Afghanistan to Palestine,” Frank Scafani carried a sign that read, “Democrats and Republicans. Same shit, different assholes.”

He called Obama a “smooth-talking flim-flam man” not worthy of progressive hopes, but acknowledged that it will be difficult to get people back into the streets, even though polls show most Americans oppose the Afghanistan escalation.

“I just think people are burned out after nine years of this. Nobody in Washington listens,” Scafani said. “Why walk around in circles on a Saturday or Sunday? It doesn’t do anything.”

Yet he and others were still out there.

“I think people are a little apathetic now. Their focus in on the economy,” said Frank Briones, an unemployed former property manager. He voted for Obama and still supports him in many areas, “but this war is a bad idea,” he said.

Yet he said people are demoralized after opposing the preventable war in Iraq and having their bleak predictions about its prospects proven true. “Our frustration was that government ignored us,” he said. “And they’ll probably do the same thing now.”

But antiwar activists say they just need to keep fighting and hope the movement comes alive again.

“We don’t really know what it is ahead of time that motivates large numbers of people to change their lives and become politically active,” Becker told us after the march, citing as examples the massive mobilizations against the Iraq War in 2003, in favor of immigrants rights in 2006, and against Prop. 8 in 2008. “So we’re not discouraged. We don’t have control over all the factors here, and neither do those in power.”

Antiwar groups will be holding an organizing meeting Dec. 9 at 7 p.m. at Centro del Pueblo, 474 Valencia, SF. Among the topics is planning a large rally for March 20, the anniversary of the Iraq War. All are welcome.

Don’t rush the Candlestick EIR

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EDITORIAL The Candlestick Point redevelopment project is by far the biggest land-use decision facing San Francisco today, and one of the most significant in the city’s modern history. The project, sponsored by Lennar Corp., would bring 10,500 housing units and 24,000 additional residents to the area. Those residents would need new schools, playgrounds, open space, and transportation systems. Industrial and commercial development would create some 3,500 permanent jobs, and those people would need ways to get to work. Plans calls for new roadways, including a bridge over the fragile Yosemite Slough. The 708-acre site includes areas with significant toxic waste issues.

It’s no surprise that the draft environmental impact report on the project weighs in at 4,400 pages. It took two years to review the land use, transportation, air quality, water quality, population, employment, noise, hazardous materials, and other potential issues.

And now the Planning Department and Redevelopment Agency wants all public comment to be completed in a 45-day period that includes the winter holidays. That’s crazy – and it’s a sign that the city just wants to rush this project through without adequate oversight, review, or discussion.

The EIR in a project this size is a major political battleground. It’s one of the few times that the Planning Commission and Board of Supervisors will get to weigh in on the entire project and look at its local and citywide impacts. It’s quite possibly the only time prior to construction when the economic, social, and environmental issues around the project will get widespread public discussion.

And anyone who reads these reports on a regular basis can tell you that they’re thick, dense, tough to follow, and filled with minute details and arcana that add up to very big policy decisions. Among the most pressing issues:

• The housing mix. The city’s own General Plan notes that almost two-thirds of all new housing built in San Francisco needs to be available at below-market rates. Lennar won’t even meet half that target. So the project would create an even greater unmet demand for affordable housing — something the EIR, at least on first read, glosses over. The report refers to “a broad range of housing options of varying sizes, types, and levels of affordability [that would] be developed at Candlestick Point” and states that “such housing would be in close proximity to the jobs provided by the project, [so] it is likely that future employees at Candlestick Point would seek housing at the project site prior to searching for housing in the surrounding Bayview-Hunters Point neighborhood. However, if future employees did seek housing elsewhere in the neighborhood, the effects would not be adverse.”

Actually, if comparatively well-paid employees at the project’s research and development facilities decided to move into the existing Hunters Point/Bayview neighborhood, it would almost certainly drive up housing prices, displacing existing residents.

• Transportation options. The project projects significant improvements in Muni service — but doesn’t say how the city will pay for them. There’s a sizable focus on cars — the EIR estimates the project will need more than 21,000 parking spaces. That’s a lot more cars on the streets of the city, a lot more traffic in the southeast — and a direct clash with the city’s transit-first policies.

• What jobs, and for whom? The 3,500 permanent jobs that would be created are badly needed in that neighborhood, which has the highest unemployment rate in the city. But a comprehensive labor pool study, and a discussion of how existing residents will be trained for projected jobs, appears to be missing from the EIR.

• Hazardous materials. The EIR broadly proclaims that “construction activities associated with the project would not result in a human health risk involving the disturbance of naturally occurring asbestos, demolition of buildings that could contain hazardous substances in building materials, or possible disturbance of contaminated soils or groundwater within one-quarter mile of an existing school.” That is — at the very least — a matter of some dispute.

There’s lots more – 4,400 pages more – and if the approval process is going to be anything other than an utter farce, the Planning and Redevelopment directors need to extend the public comment period for at least another 45 days. *

Anti-war activists return to the streets

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By Steven T. Jones
25war1_Bill1.jpg
Photo by Bill Hackwell from our award-winning story “Resistance is futile — or is it?

As President Obama announces an escalation of the war in Afghanistan this evening, anti-war activists are planning to take to the streets in protest. The questions now are whether the movement can gather the numbers and energy that it had back in 2003, after years of being ignored and demoralized, and whether this new president will listen.

Code Pink will host on event today at Tommy’s Joynt (1101 Geary) starting at 4 p.m. for those who want to watch Obama’s speech together, and they’ll march on the Federal Building afterward. There will also be a march this evening in the East Bay, starting at 7 p.m. at the clock tower at 4063 Piedmont Avenue in Oakland.

Then, tomorrow (Dec. 2) at 5 p.m., a half-dozen anti-war groups will join forces for the main local march against the war, gathering on Market Street at Powell. And the American Friends Service Committee will simultaneously protest outside the new Federal Building (90 7th Street).

P.S. If you’re still on the fence about whether escalating the war in Afghanistan is “necessary” or a dangerous clusterfuck, check out this piece in The Nation about how US contractors are funding the Taliban or this piece on Bill Moyers Journal about how this escalation is likely to do more harm than good.

Seasons eatings

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culture@sfbg.com

A man hath no better thing under the sun than to eat, and to drink, and to be merry. — Ecclesiastes 8:15

Writing about Christmas treats and festive beverages is dangerous territory. Locals are adamant about their favorite spot to score an authentic stollen, the most buttery sugar cookie, or the strongest hot toddy. So while I won’t claim to offer the most exhaustive list, the following spots are sure to whisk you through the madness of the holiday season with some semblance of sanity and satiation.

Eat…

While there’s something about this time of year that inspires me to break out my whisk and apron, I also love what our local bakers and pastry chefs produce. Whether you’re looking for a treat to go with your coffee or want to contribute to the holiday table this year, these folks have got you covered in the seasonal sweets department. Let’s face it — they do it better than most of us can anyway.

MISSION PIE


There’s something to be said about a simple piece of pie, and nobody does seasonal slices better than Mission Pie. For Thanksgiving, it will feature pumpkin, apple, pear/cranberry, walnut (much like pecan but made with a sister nut), and a vegan apple with brandied raisins ($3.50/piece). Mission Pie is adamant about getting its fruits and flowers from local farms, so it only uses what’s in season. Later in the winter, the Mission District destination will feature desserts made with winter fruits, like my favorite: the bright, sharp, citrusy Meyer lemon — perfect with a cup of hot tea.

2901 Mission, SF. (415) 282-1500, www.missionpie.com

CITIZEN CAKE


If traditional pie isn’t your bag, pastry chef Elizabeth Faulkner is your gal. Leave it to her to take a seasonal dessert like pie or a simple holiday cookie and turn it upside down. This year, Faulkner is planning her usual butter and lard crust for Thanksgiving pies (mmm, lard) filled with innovative flavors like apple and cheddar or a bourbon chocolate pecan ($25–$28) as well as her infamous pumpkin sage cheesecake ($30). And of course, a holiday at Citizen Cake wouldn’t feel right without the gingerbread Joes and Janes ($4) in festive bikini attire.

399 Grove, SF. (415) 861-2228, www.citizencake.com

ARIZMENDHI BAKERY AND NOE VALLEY BAKERY


The leftovers — and the in-laws — have come and gone. Hallelujah. Now look forward to a wintry season hunkering down with a fruitcake. I know, I know, fruitcake’s got a bad rap. Are you scared of those plastic tubs of pseudo-fruit with sticky green cherries? Me too. But bakers who do traditional fruitcakes don’t touch those. Instead you’ll find a variety of boozy fruits, citrus, warm spices, and nuts. What’s not to like about that? Arizmendhi does one of the most popular fruitcakes in town ($12). It’s smaller than your average loaf and made with dried apricot, papaya, pineapple, currants, and cherries, along with healthy doses of brandy, spices, and citrus. Noe Valley Bakery also makes a much-loved fruitcake, specifically an iced German Christmas stollen ($21). Owner Michael Gasson has updated an old family recipe that includes housemade candied orange peel, toasted almonds, fresh ground nutmeg, and lots of brandy. Much like a fine wine, fruitcakes get better with time (which is one reason they were so popular in pre-refrigeration days), so Gasson starts making these treats early to allow the flavors to ripen and mellow. For all you fruitcake skeptics out there, this is the year — and these are the places.

Arizmendhi Bakery, 1331 Ninth Ave., SF. (415) 566-3117, www.arizmendibakery.com; Noe Valley Bakery: 4073 24th St., SF. (415) 550-1405, www.noevalleybakery.com

MASSE’S PASTRIES


After I’ve won you over with the fruitcake, you must believe me when I sing the praises of Masse’s Pastries for the best bouche in the Bay. The bouche de noel (or yule log), a dessert traditionally served in France during the holidays, consists of a rolled cake in the shape of a log filled with buttercream and topped with ganache. Not only does Masse’s make the loveliest bouche around, it does three of them. The most popular is the traditional mocha with almond roulade and coffee buttercream. Next up is the black forest with Bavarian cream and kirsch (cherry liqueur). The third option is a simple lemon topped with Italian meringue and seasonal fruits. The owners decorate the festive cakes with New Zealand red currants, imported brandied cherries, and the highest quality shaved chocolate. Prices range from $38–$55 depending on flavor and size. Now comes the difficult part: how to decide between the three options. The good news? It offers mini bouches ($4.50), so you can taste before you invest.

1469 Shattuck Ave., Berk. (510) 649-1004, www.massespastries.com

Drink …

There’s no time like the holiday season to splurge a little on cocktails. Push the PBRs to the back of the fridge and treat yourself to a warm, wintry drink or festive liquor concoction. The following spots will ease you into the yuletide spirit in the most delicious way. Who wouldn’t drink to that?

TRAD’R SAM


After lugging around shopping bags, groceries, bikes — you name it — kick back a few hot-spiced buttered rums ($5.50) at Trad’r Sams. The historic tiki bar opened in 1941, and while the drinks aren’t top shelf, they’re strong and consistent, like most things from that era. For this classic cold-weather drink, Sam’s bartenders use a special batter with top-secret ingredients and mix it with a healthy serving of rum and hot water. The bar itself is a little odd, a little kitschy, and more dive than date spot, but proven mastery of this delightfully warming beverage outweighs all that.

6150 Geary, SF. (415) 221-0773

TOSCA CAFE


Another warm holiday beverage that’ll help chase away worries and strife: the house cappuccino ($6) at Tosca. In reality, this drink is nothing like a cappuccino. It’s a brandy and hot chocolate concoction layered into sweet little glasses, which seems to pair perfectly with the dimly-lighted bar, its cozy red vinyl booths, and the jukebox playing Dean Martin and Frank Sinatra. The stiff drinks and unpretentious bartenders add to the charm. And lucky you! Tosca serves this signature cocktail year-round.

242 Columbus, SF. (415) 986-9651

ABSINTHE RESTAURANT AND BAR


Bartender Ismael Robles doesn’t just make great drinks — he invents them. Recently he’s been making the Velvet Hive ($10), a variation on the hot toddy that’s served cold. Robles’ version is made with honey vodka, clove and citrus liqueurs, fresh lemon juice, and allspice dram. Even though this drink isn’t heated, there’s nothing like notes of honey, clove, and allspice to warm you right up.

398 Hayes, SF. (415) 551-1590, www.absinthe.com

Luna Park

During the winter months, you can’t walk past Luna Park without noticing the enticing aroma of the warm mulled wine ($7) that’s always simmering in a crockpot this time of year. Made with red wine, sugar, cinnamon, cloves and orange peel, this aromatic delight is available Thanksgiving through New Year’s.

694 Valencia, SF. (415) 553-8584, www.lunaparksf.com

Be Merry

After you’ve had your fair share of hot buttered rum and gingerbread people, we’re betting that being merry won’t be far out of reach. But in case you need a little guidance, here’s our tip: grab a friend or loved one — or 10 — and introduce them to the delights mentioned above. The best way to guarantee good cheer is to spread it.

Dark mirrors

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arts@sfbg.com

LIT Recently I was at a meeting with an unnamed arts organization, planning for an AfroSurreal art exhibit. As we were hashing out the details of display, the concept of the black dandy become a bone of contention among my learned colleagues. What was, and is, a black dandy? How does the black dandy differ from the white dandy? What’s the difference between a dandy and fop? Aren’t those terms interchangeable? Why bother looking at or for a black dandy at all? I’m seldom at a loss for words — it just takes me a minute to arrange them properly sometimes. (Ask my editor.) But this time, I had nothing to say. I just directed all queries to Slaves To Fashion: Black Dandyism and the Styling of Black Diasporic Identity (Duke University Press, 408 pages, $24.95).

Monica L. Miller’s book is the first of its kind: a lengthy written study of the history of black dandyism and the role that style has played in the politics and aesthetics of African and African American identity. She draws from literature, film, photography, print ads, and music to reveal the black dandy’s underground cultural history and generate possibilities for the future.

Slaves to Fashion looks at black dandies of the past, beginning with Mungo Macaroni, a freed slave and well-known force within the London social scene in the 18th century. Miller also studies contemporary manifestations, in the vestments of Andre 3000 and Puff Daddy, showing how black dandies have historically used the signature tools of clothing, gesture, and wit to break down limiting definitions and introduce new, fluid concepts of social and political possibility. Though Slaves to Fashion is über-academic and at times weighed down by post-structrualist jargon, Miller more than makes up for it with uncanny feats of scholarship that illustrate ways in which the figure of the black dandy has been an elephant-in-the-room — albeit a particualrly well-dressed one.

A great example is Miller’s citing of the character of Adolph in Harriet Beecher Stowe’s 1852 Uncle Tom’s Cabin. Almost immediately after the publication of this "great abolitionist work," its characters became some of the first American archetypes: Simon Legree and Uncle Tom are two notable examples. In comparison, Adolph — a black dandy pivotal to the story — was excised from the public imagination. Miller sees this as a reaction to what she calls "crimes of fashion," which take place when Africans and African Americans don the clothing of the oppressed to both emulate and satirize the oppressor. Adolph served as a "dark mirror" to both American materialism and the deep fear of the impending gender and race-mixing that would take place after abolition.

This fear, according to Miller, is the difference between the black dandy and the white dandy or the fop. Unlike a Caucasian counterpart, exemplified by the likes of Oscar Wilde, the black dandy comes from a position of underprivilege and uses flair and style as a way to redefine masculinity to include him. In other words, as opposed to a feminine front, it is the black dandy’s fluid masculinity — his "queering" of the term — that threatens to undermine the social order. Adolph is the exact opposite of the static, predictable docility and animalism of "the Big Black Buck" Uncle Tom. When he’s in town, you have to lock up your sons, daughters, wives, mother, father, and yourself because his power of seduction is so great. Think Prince during his Dirty Mind (Warner Bros., 1980) phase and you get the general idea.

Fear, according to Miller, continues to generate a serious backlash in reaction to the idea — let alone reality — of true equality for black people in the west. Images of black cork minstelry that lampoon the black dandy’s aspirations have been around as long as the black dandy. From Zip Coon and Jim Dandy in the early 19th century to present-day manifestations in popular culture, ambivalence — a tool of the black dandy — has served as a double-edged sword. Exactly when and where does "stylin’ out" become "coonin’"? If W.E.B. Du Bois, the quintessential black dandy, couldn’t figure it out, I’m not sure that I can find a definitive answer.

Slaves to Fashion rediscovers its footing in exploring the nature of "otherness." Returning from investigations of the black dandy’s lineage to note his role in contemporary art and culture, Miller shines a light on filmmaker Isaac Julien, editor and photographer Iké Udé, visual artist Yinka Shonibare, and beyond. In the process, she answers a variety of questions regarding what a black dandy is and does. Ultimately, the black dandy’s problem is an AfroSurreal one: by perpetrating these "crimes of fashion," by avoiding and exploding pat definitions of blackness, masculinity, and sexuality, he occupies a realm outside convention, and all too often, recognition. It is from these murky waters of post-postmodernity, I believe, that the black dandy brings a message for us all.

Checkout time

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news@sfbg.com

Two consecutive three-day strikes by hotel workers signaled a change in strategy for local labor, which is struggling to hold on to past gains in an increasingly bitter contract dispute during this economic downturn.

Hotel employees affiliated with UNITE HERE! Local 2 walked off the job at the Grand Hyatt on Nov. 6, kicking off a 72-hour work stoppage that labor organizers said was centered on the Hyatt but aimed at more than a dozen luxury hotels staffed by Local 2 workers.

Another strike, in front of the Palace Hotel, started Nov. 10 and ended at midnight Nov. 12. In both actions, hundreds of Local 2 members and other supporters expressed frustration at the hotels, claiming the hotel industry is scaling back employee benefits while reaping impressive profits.

"The hotel industry pulled down $110 billion in profits last year," said Mike Casey, president of Local 2, which represents approximately 12,000 hospitality workers in San Francisco and San Mateo. "Despite the so-called down economy, we feel like we should be able to move forward, at least modestly."

Casey and other Local 2 organizers pointed to the recent windfall of the Hyatt chain’s owners, the Pritzger family, who scooped up $950 million in an initial public offering for the company. "One family is getting all this money, and they’re quibbling over $250,000," said Casey, referring to the amount he says it would take to meet all of the local union’s demands.

Meanwhile, stalled negotiations have left workers without a contract since Aug. 14. Key factors in the dispute involve proposed rule changes for new hires and cuts in health care coverage that striking workers called unacceptable.

"We’re seeing an average increase in health care costs of about 12 percent per year," said Jeff Myers, a banquet waiter at the Westin St. Francis, and a member of Local 2’s 125-person negotiating team. "The hotel is paying for 2 percent of that."

"We expect to be in a long fight," said Carlos Narvaez, a 13-year employee at the Palace Hotel, where he works as a purchasing clerk. "But it’s a fight for justice, not only for us, but for new hires, who would be most affected."

Narvaez explained that under the new contract proposed by the hotels, new hires would be ineligible for pensions, and probationary periods for benefits would be extended from months to years. "If they’re planning to replace us, (new employees) don’t know what’s coming."

The tactic of going after one hotel at a time, rather than a blanket work stoppage, indicated the union’s desire to put pressure on hotel owners while limiting economic hardship to the rest of the city, and the potential for negative blowback. The latest round of negotiations broke down Nov. 12 when Hyatt rejected Local 2’s proposal for a one-year contract with some concessions on pay, rather than the customary five-year deal.

"You can’t have it both ways. If you want a cheap contract, fine, we’ll do it for a limited time. You can’t have a cheap long-term contract," Casey said, noting a one-year contract is partly a bet by Local 2 that the economy will be in better shape next year.

It also happens to line up with contract expiration dates for UNITE HERE! hotel workers in several cities throughout the U.S. and Canada, potentially giving the union greater leverage in contract negotiations next year.

At the Grand Hyatt strike, workers marched several blocks to the Westin St. Francis, where they held an impromptu picket for 20 minutes before returning to the Grand Hyatt. "It’s just a taste of what could happen," Casey said, splitting the group into two disciplined forces that filled the sidewalk while leaving the entrance to the St. Francis clear.

"They’re afraid it’s going to turn into 2004," Casey said of hotel owners, referring to a two-week stalemate in 2004 in which hotels reacted to the strike by locking out employees of several hotels and bringing in workers from other locations in an attempt to break the strike. But Casey said new times call for new tactics.

"If we did it the same way each time, [management] would be ready for us," Casey said. "We have to keep them on their toes" while staying visible and building incremental support for strikes. "If the strikes last long enough, a boycott could build that would be truly widespread. But let’s hope the hotels come to their senses before then."

The picket lines were festive and noisy, with union members banging drums and shouting catchy call-and-response slogans into no fewer than six bullhorns.

"What time is it?" the bullhorns blared. "It’s checkout time!" the picket line called back. Valets and bellhops at the Grand Hyatt, most wearing foam earplugs and sunglasses, winced as one man beat a large, ornate kettle drum less than five feet from the lobby entrance.

"This is designed to be measured and escautf8g," Casey said of the single-hotel strike approach. Though the two strikes have ended, Casey said boycotts remain in place for both the Grand Hyatt and the Palace Hotel, whose lavish centennial gala last weekend was marred by an additional Local 2 protest outside.

Hotel representatives have been taciturn about the dispute and its impact, issuing short, carefully-worded responses expressing disappointment at Local 2’s actions, and offering sheepish apologies to surprised guests. No hotel representatives were available to speak on record as of press time

Elena Duran, a server at the Palace Hotel, said behind-the-scenes operations have been thrown into disarray by the strikes. "Yesterday there was a fire in the kitchen," Duran said during the Palace strike, "because the new workers don’t know what they’re doing."

Any hotel labor dispute invariably invites comparisons with the 2004 strike. In that conflict, Mayor Gavin Newsom personally intervened, shaking hands with striking workers and declaring that San Francisco would not do business across picket lines. The mayor’s office did not respond to queries about the latest dispute. Local 2 press coordinator Riddhi Mehta said Casey and other union members, as well as their counterparts from the hotels, met with Newsom Nov. 10 for "informational purposes."

City Attorney Dennis Herrera, a likely mayoral candidate, stopped by the picket lines at the Grand Hyatt to offer words of support, telling the cheering strikers: "We are a world-class city. It’s not about the Golden Gate Bridge. It’s not about the views. It’s not about the cable cars. It’s about the work that you do every day."

While Local 2 organizers would welcome Newsom’s renewed support, they aren’t holding their breath. Rumors that Newsom had cut short his vacation to help defuse the situation were greeted with cautious optimism by negotiating team members.

Myers said the hotels were essentially attempting to externalize their employee’s health care costs, which would impose a burden on the city budget. Because of San Francisco’s universal health care program, Myers said, "If hotel workers can’t pay their co-pay, that cost will go to the city. That is abundantly clear to the mayor."

Seizing space

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steve@sfbg.com; molly@sfbg.com

San Francisco’s streets and public spaces are undergoing a drastic transformation — and it’s happening subtly, often below the radar of traditional planning processes. Much of it was triggered by the renegade actions of a few outlaw urbanists, designers, and artists.

But increasingly, their tactics and spirit are being adopted inside City Hall, and the result is starting to look like a real urban design revolution — one that harks back to a movement that was interrupted back in the 1970s.

One of the earliest signs of the new approach emerged in 2005 on the first Park(ing) Day, the brainchild of the hip, young founders of the urban design group Rebar. The idea was simple: turn selected street parking spots around San Francisco into little one-day parks. Just plug some coins in the meter to rent the space, then set up chairs or lay down some sod, and kick it.

It was a simple yet powerful statement about how San Franciscans choose to use public space — and the folks at Rebar expected to get in trouble.

“When we did the first Park(ing) Day in 2005, JB [a.k.a. John Bela] and I were just prepared to be arrested and hauled into court,” Rebar’s Matthew Passmore told us at a recent interview in the group’s new Mission District warehouse space. “But nothing like that happened.”

Instead, City Hall called. 079_realcover.jpg Rebar’s Blaine Merker, Teresa Aguilera, Matthew Passmore, and John Bela at their carfreee space at Showplace Triangle

“We got a call from the director of city greening, who said this is great, I want to meet with you guys and talk about how the city can support this kind of activity,” Passmore said. “Much to our surprise, the city was totally responsive as opposed to shutting us down and imprisoning us.”

Bela said the group discovered that Mayor Gavin Newsom’s administration was looking for just the sort of innovative, cool, environmental ideas that were Rebar’s focus. And that connection merged with other people’s efforts — like sidewalk-to-garden conversions being pioneered by Jane Martin, the urban gardening and bicycling movements, and the unique public art that was making its way back from Burning Man. That created a catalyst for a wide array of city initiatives, from the Sunday Streets road closures to temporary art installations that began popping up around the city to the Pavement to Parks program that creates short-term parks in underutilized roadways.

“It was a single interaction five years ago, and now we have things like Sunday Streets,” Bela told us on Sept. 18’s Park(ing) Day, in which various individuals and groups took over more than 50 parking spots around town. “It’s about reclaiming the streets for people.”

Park(ing) Day itself blew up, becoming a worldwide phenomenon that is now in 151 cities on six continents, and one that the Mayor’s Office is planning to turn into a more permanent plan, with the regular conversion of some parking spots on commercial corridors into outdoor seating areas.

“You had a few guys and a girl who had an idea and now it’s an international event,” Mike Farrah, a longtime Newsom lieutenant who now heads the Office of Neighborhood Services and has been the main contact in City Hall for Rebar and similar groups, told the Guardian.

Locally, the success of events like Park(ing) Day have changed San Francisco’s approach to urban spaces, particularly on land left dormant by the economic downturn. Rebar, the permaculture collective Upcycle, and former MyFarm manager Chris Burley plan to turn the old Hayes Valley freeway property near Octavia, between Oak and Fell streets, into a massive community garden and gathering space. Plans are being hatched for temporary uses on Rincon Hill properties approved for residential towers. “Green pod” seating areas are sprouting along Market Street and there are plans to extend the Sunday Streets road closures next year. And, perhaps most amazingly, most projects are being accomplished with very little funding.

How has San Francisco suddenly shifted into high gear when it comes to creating innovative new public spaces? The key is their common denominator: they’re all temporary. As such, they don’t require detailed studies, cumbersome approval processes, or the extensive outreach and input that can dampen the creative spark.

But San Francisco is starting to prove that dozens of short-term fixes can add up to a true transformation of the urban environment and the citizenry’s sense of possibility.

 

EVOLUTION OF THE PRANK

Rebar began as a group of friends and artists who came together to enter a design contest in 2004. Passmore was a practicing lawyer and Bela was a landscape architecture student at UC Berkeley. They chose the name Rebar for future collaborations, the first of which was Park(ing) Day.

Passmore, who had a background in conceptual art before going to law school, discovered a legal loophole that might allow for anything from a burlesque performance to a temporary swimming pool to be installed in metered parking spaces. Bela recruited Blaine Merker, a fellow landscape architecture student with whom he’d won a design competition, to join the effort.

Park(ing) Day was a hit, getting great press and igniting people’s imaginations. “We realized after we did it, like, oh, people are really getting this,” Merker said. And Rebar was off. In the following years they added a fourth principal, graphic designer Teresa Aguilera, and took on a number of acclaimed projects: planting the Victory Garden in Civic Center Plaza, building the Panhandle Bandshell from old car hoods and other recycled parts, creating COMMONspace events (from “Counterveillance” to the “Nappening”) in privately-owned public spaces, and designing the Bushwaffle (commissioned for the Experimenta-Design biennale in Amsterdam) to help soften paved urban spaces and create a sense of play.

Through it all, the group maintained its prankster spirit. When they were invited to present the Bandshell project at the prestigious Venice Biennale festival, Rebar members showed up costumed as Italian table-tennis players (a joke that mostly baffled other attendees, they said).

They told us every project needed to have a “quotient of ridiculum.” Or as Bela put it, “That’s how we know project has evolved to the right point — when we’re on the floor laughing.”

As Rebar found success, it was still mostly a side project for members who had other full-time jobs. “We were all playing hooky all the time,” said Merker, who, like Bela, joined a landscape architecture firm after he finished school. “It just got worse and worse.”

So now, they’re trying to turn their passion into a profession, recently moving into a cool warehouse office and workspace in the Mission. “We’re shifting our practice a little to have the same sort of spirit but trying to figure out how we can make that an occupation,” Merker said.

It’s also about moving from those short-lived installations to something a little more lasting, even while working within the realm of temporary projects. As Aguilera said, “A lot of the projects we started with were creating moments to maybe think about. But we’re shifting into more permanent ways to interact with the city.”

They may not be sure where they’re headed as an organization, but they have a clear conception of their canvas, as well as the traditions they draw from (including movements like the Situationists and artists such as Gordon Matta-Clark, who worked in urban niche spaces) and the fact that they are part of an emerging international movement to reclaim and redesign urban spaces.

“We’re not the originators of any of this stuff,” Bela said. “It’s like emerging phenomena happening in cities all over the world. We just happened to have plugged into it early on and we continue to push it.”

 

EXPANDING THE POSSIBLE

Rebar is strongly pushing a reclamation of spaces that have been rather thoughtlessly ceded to the automobile over the last few decades. “Street right-of-way is 25 percent of the city’s land area. A quarter of the city is streets,” Bela said. “And those streets were designed at the time when we wanted to privilege the automobile.

“So basically, there’s all this underutilized roadway,” he continued. “It’s asphalt and it’s pavement, and the city wants to reclaim some of those spaces for people. That’s a thread we’ve been exploring in our work for a long time, and now it’s elevated up to a citywide planning objective.”

The short-term nature of the projects comes in part from political necessity: temporary projects are usually exempt from costly, time-consuming environmental impact reports. Demonstration projects also don’t need the extensive public input that permanent changes do in San Francisco. But there’s more to the philosophy.

“It stands on this proposition that temporary or interim use does actually improve the character of the city,” Passmore said. “People used to think that if something is temporary or ephemeral, what good is it? It’s just here today, gone tomorrow. But I think now people are realizing that the city can be improved like this.”

And it goes even deeper than that. When people see parking spaces turned into parks, vacant lots blossoming with art and conversation nooks, or old freeway ramps turned into community gardens, their sense of what’s possible in San Francisco expands.

“What we’re remodeling is people’s mental hardware. It’s like stretching. You have to bend something a little more than it wants to go, and the next time you do that, it’s that much easier,” Merker said.

“There’s also a psychological aspect to that. When people see a crack in the Matrix open up, if you will, it can open up a whole lot more than just that one moment,” he said.

For those who have been working on urbanism issues in San Francisco for a long time, like Livable City director Tom Radulovich, this new energy and the tactic of conditioning people with temporary projects is a welcome development. “There is a huge resistance to change in San Francisco, no matter what the change is, and a lot of that stems from fear,” Radulovich said. But with temporary projects, he said, “you can establish what success looks like from the outset.”

 

BUILDING ALLIANCES

The Rebar folks have been fairly savvy in their approach, making key friends inside City Hall, people who have helped them bridge the gap between their idealism and what’s possible in San Francisco.

“We are a process-driven city, and temporary allows you to create change without fear,” Farrah told us. He said the partnership between the Mayor’s Office and community groups that want to do cool, temporary public art really began in the summer of 2005 with the Temple at Hayes Green by longtime Burning Man temple builder, David Best.

Farrah had connections to the Burning Man community, so he facilitated the placement of the temple along Octavia Boulevard, then one of the city’s newest and least developed public spaces. Next came the placement of another Burning Man sculpture, Flock by Michael Christian, in Civic Center Plaza that fall. Both projects got funding and support from the Black Rock Arts Foundation, a public art outgrowth of Burning Man.

“I saw, after some of the temporary art and special events, how it’s changed people’s ideas about what’s possible,” Farrah said. “There has been a change in the way people view the streets.”

That got Farrah thinking about what else could be done, so he approached BRAF’s then-director Leslie Pritchett and Rebar’s Bela, telling them, “I need you to look at San Francisco like a canvas. Tell me the things you want to do, and I’ll tell you if it’s possible or not. And that’s led to a lot of cool stuff.”

Livable city advocates like Radulovich — progressives who are generally not allied with Newsom and who have battled with him on issues from limiting parking to the Healthy Saturdays effort to create more carfree space in Golden Gate Park — give the Mayor’s Office credit for its greening initiatives.

He credits Greening Director Astrid Haryati and DPW chief Ed Reiskin with facilitating this return to urbanism. “He’s really responsive and he gets it,” Radulovich said of Reiskin. “This is really where a lot of energy is going in the mayor’s office. It seems to have captured their imaginations.”

Another catalyst was last year’s visit by New York City transportation commissioner and public space visionary Janette Sadik-Khan, who met with Reiskin and Newsom on a trip sponsored by Livable City and the San Francisco Bicycle Coalition. Radulovich said her message, which SF has embraced, is that, “There are low-cost, reversible ways you can reclaim urban space in the near term.”

The Mayor’s Office, SFBC, and Livable City partnered last year to create Sunday Streets, which involved closing streets to cars for part of the day. The events have proven hugely successful after overcoming initial opposition from merchants who now embrace it.

Then there’s the Pavement to Parks program — which involves converting streets into temporary parks for weeks or months at a time — that grew directly from the Sadik-Khan visit. Andres Power, who directs the program for the Planning Department, told us the visit was a catalyst for Pavement to Parks: “She came to the city a year ago and inspired my director, Ed Reiskin.”

“We’re rethinking what the streets are and what they can be,” Power said. “It’s rewarding to see this stuff happen and to be at the forefront of a national effort to imagine what our streets could be.”

 

DE-PAVE THE CONCRETE

Pavement to Parks launched last year, a multiagency effort with virtually no budget, but the mandate to use existing materials the city has on hand to turn underutilized streets into active parks. “It looks at areas where we can reclaim space that’s been given over to cars over the decades,” Power told the Guardian.

At the first site, where 17th Street meets Market and Castro, the city and volunteer groups used planters and chairs to convert a one-block stretch of street that was little-used by cars because of the Muni line at the site.

“We bent over backward to make the space look temporary,” Power said, noting the concern over community backlash that never really materialized, leading to two time extensions for the project. “But we’re now ready to revamp that whole space.”

Another Pavement to Parks site at Guerrero and San Jose streets was created by Jane Martin, whom Newsom appointed to the city’s Commission on the Environment in part because of the innovative work she has done in creating and facilitating sidewalk gardens since 2003.

As a professional architect, Martin was used to dealing with city permits. But her experience in obtaining a “minor sidewalk encroachment permit” to convert part of the wide sidewalk near a building she owned on Shotwell Street into a garden convinced her there was room for improvement.

“At that point, I was really jazzed with the result and response [to her garden] and I wanted to make it so we could see more of it,” she said. So she started a nonprofit group called PlantSF, which stands for Permeable Lands As Neighborhood Treasure. Martin worked with city agencies to create a simpler and cheaper process for citizens to obtain permits and help ripping up sidewalks and planting gardens.

“We want to de-pave as much excess concrete as possible and do it to maximize the capture of rainwater,” she said.

Martin said the models she’s creating allow people to do the projects themselves or in small groups, encouraging the city’s DIY tradition and empowering people to make their neighborhoods more livable. More than 500 people have responded, creating gardens on former sidewalks around the city.

“We’ll get farther faster with that model,” she said. “It’s really about engaging people in their neighborhoods and helping them personalize public spaces.”

San Francisco has always been a process-driven city. “We in San Francisco tend to plan and design things to death, so as a result, everything takes a very long time,” Power said.

But with temporary projects under Pavement to Parks, the city can finally be more nimble and flexible. Three projects have been completed so far, and the goal is to have up to a dozen done by summer.

“We’re working feverishly to get the rest of the projects going,” Power said.

One of those projects involves an impending announcement of what Power called “flexible use of the parking lane” in commercial corridors like Columbus Avenue in North Beach. “We’re taking Park(ing) Day to the next level.”

The idea is to place platforms over one or two parking spots for restaurants to use as curbside seating, miniparks, or bicycle parking. “The Mayor’s Office will be announcing in the next few weeks a list of locations,” Power said. “There have been locations that have come to us asking for this.”

“The idea is to do a few of these as a pilot to determine what works and what doesn’t. The goal is to use their trial implementation to develop a permanent process,” Power said. “We want to think of our street space as more than a place for cars to drive through or park.”

Rebar was responsible for the last of the completed Pavement to Parks projects. Known as Showplace Triangle, it’s located at the corner of 16th and Eighth streets in the Showplace Square neighborhood near Potrero Hill. For Rebar, it was like coming full circle.

“We started doing this stuff about five years ago, finding these niches and loopholes and exploring interim use as a strategy for activating urban space,” Bela said. “And to our surprise, what we perceived as a tactical action is now being embodied by strategic players like the Planning Department.”

 

REUSE, RECYCLE, REINVENT

The Rebar crew was like kids in a candy store picking through the DPW yard.

“These projects are all built with material the city owns already, so we had the opportunity to go down to the DPW yard and inventory all of these materials they had, and figure out ways to configure them to make a successful street plaza,” Bela said.

So they turned old ceramic sewer pipes into tall street barriers topped by planter boxes, and built lower gardens bordered by old granite curbs.

“We are trying to be as creative as possible with the use of materials the city already has on hand,” Power said. In addition to the DPW yard that Rebar tapped for Showplace Triangle, Power said the Public Utilities Commission, Port of SF, and the Recreation and Parks Department all have yards around the city that are filled with materials.

“They each have stockpiles of unused stuff that has accumulated over the years,” he said.

For her Pavement to Parks project on Guerrero, Martin used fallen trees that originally had been planted in Golden Gate Park — pines, cypress, eucalyptus — but were headed for the mulcher. Not only were they great for creating a sense of place, they offered a nod to the city’s natural history.

But perhaps the coolest material that had been sitting around for decades was the massive black granite blocks that Rebar incorporated into Showplace Triangle. “One of the most interesting materials that we used in Showplace Triangle was the big granite blocks from Market Street that were taken off because merchants didn’t like people encamping there. They were too successful as spaces, so they got torn out,” Merker said.

Bela said they couldn’t believe their eyes: “We saw these stacks of five-by-five by one-foot deep black granite. Just extraordinary. If we were to do a public project today, we could never afford that stuff. There’s no way. But the taxpayers bought that stuff back in the ’70s and now it’s just sitting there in the DPW yard. It’s a crime that it’s not being used, so it was great to get it back out on the street.”

Radulovich said the return of the black granite boxes to the streets represents the city coming full circle. He remembers talking to DPW manager Mohammad Nuru as he was removing the last of them from Market Street in the 1970s, citing concerns about people loitering on them.

“To see them put up again in JB’s project was symbolic of where the city went and where it’s coming back from,” Radulovich said. “It’s almost like the livability revolution got interrupted and we lost two decades and now it’s picking up again.”

Back in the 1970s, Radulovich said the city was actively creating new public spaces such as Duboce Triangle. It was also creating seating along Market Street and generally valuing the creation of gathering places. But in the antitax era that followed, public sector maintenance of the spaces lagged and they were discovered by the ever-growing ranks of the homeless that were turned loose from institutions.

“The fear factor took over,” Radulovich said. “We did a lot to destroy public spaces in the ’80s and ’90s.”

But by creating temporary public spaces, people are starting to realize what’s been lost and to value it again. “These baby steps are helping us relearn what makes a good public space,” Radulovich said.

For much of the younger generation, building public squares is a new thing. As Aguilera noted, “We don’t have a lot of public plazas anymore or places for people to gather. When Obama was elected, where did everyone go in the city? Into the streets. So we’re trying to give that back to the city.”

 

CARS TO GARDENS

Perhaps the most high-profile laboratory for these ideas is the Hayes Valley Farm, a temporary project planned for the 2.5 acres of freeway left behind after the Loma Prieta earthquake. The publicly-owned land between Oak and Fell streets is slated for housing projects that have been stalled by the slow economy.

“The site’s been vacant for 10 years. They came up with a beautiful master plan. And the moment they’re ready to move on the master plan, there’s an economic collapse, so nothing is happening,” Bela said.

In the meantime, the Mayor’s Office and Hayes Valley Neighborhood Association pushed for temporary use of the neglected site. They approached the urban farming collectives MyFarm and Upcycle. Later, Rebar was brought in to design and coordinate the project.

Now the group known as the Hayes Valley Farm Team has an ambitious plan for the area: part urban garden, part social gathering spot, and part educational space. There will be an orchard of fruit trees, a portable greenhouse, demonstrations on urban farming, and a regular farmers market.

“The different topography of ramps allows for different growing conditions. These ramps are prime exposure to the south,” Merker said. “They create these areas that can produce some really great growing conditions, so it’s kind of funny that this freeway is responsible for that. The ramps actually create different microclimates.”

Most remarkably, the whole project is temporary, designed to be moved in three years. “We’re interested in developing infrastructure and tools and machinery and implements that are sort of coded for the scale of the city: a lot of pedal-powered things, a lot of mobile infrastructure, and smaller things that are designed to be useful in a plot that is only 2.5 acres,” Bela said. “Then when we need to move on, we’ll be able to do that. It’s about being strategic with some of the investments so we can take some of the tools we develop here and move it to the next vacant lot down the street.”

The project has lofty goals, ranging from creating a social plaza in Hayes Valley to educating the public about productive landscaping. “We’re getting away from ideas of turning parks into food production — it can be both,” said David Cody of Upcycle. “We want to just crack the awareness that cities can be multi-use and agriculture doesn’t mean farm.”

This is perhaps the most ambitious temporary project the Mayor’s Office has taken on. “Rebar pushed the envelope on what is possible. I told them it would be a tough one,” Farrah said of the project. But he loves the concept: “You can argue that putting gardens in temporary spaces changes attitudes.”

Symbolically, this land seems the perfect place for such an experiment. “This really is a special spot. If you look at a map of the city, Hayes Valley is in the very center, and this is right in the heart of Hayes Valley,” Aguilera said. “And right now, in the heart of a neighborhood in the heart of the city, there’s this vacant, fallow reminder of what used to be there. We’re looking to turn it into a new beating heart that brings together lots of different parts of the community.”

 

ACTIVATING DORMANT SPACES

Activating dormant spaces in the city isn’t easy, particularly for properties with pending projects. In Hayes Valley, for example, the Rebar crew was required to develop a detailed takedown plan.

“A lot of development is hesitant to get involved with these interim uses because at the end, they’re worried that it’s going to be framed as the evil, money-hungry developer coming in to kick out artists or farmers,” Passmore said. “But the reality is, they are very generously opening up their space is the first place.”

With last year’s crash of the rental estate and credit markets, development in San Francisco stalled, leaving potentially productive land all over the city. “As the city has gone through an economic downturn, like now, the city has a lot of vacant lots with developer entitlements on them, but nothing is being built right now. Those are spaces the public has an interest in,” Merker said, citing Rincon Hill as a key example.

Michael Yarne, who facilitates development projects for the Mayor’s Office of Economic Development, has been working on how developers might be encouraged to adopt temporary uses of their vacant lots.

“How can we credit them to do a greening project on a vacant lot?” Yarne asks, a problem that is exacerbated by the complication that neither the developers nor local government have money to fund the interim improvements.

He looked at the possibility of using developer impact fees on short-term projects, but there are legal problems with that approach. The courts have placed strict limits on how impact fees are charged and used, requiring detailed studies proving that the fees offset a project’s real cost and damage.

“But there is other value we can give as a city without spending a dollar — and that is certainty,” said Yarne, a former developer. He said developers value certainty more than anything else.

Right now, developers have to return to the Planning Commission every year or so to renew project entitlements, something that costs time and money and potentially places the project at risk. But he said the city might be able to enter into developer agreements with a project proponent, waiving the renewal requirement for a certain number of years in exchange for facilitating short-term projects.

“Everyone wins. We get a short-term use, and the developer gets certainty that they won’t lose their rights,” Yarne said, noting that he’s now developing a pilot project on Rincon Hill. “If that works, that could be a template we could use over and over.”

Radulovich is happy to see the new energy Rebar and other groups are infusing into a quest to remake city streets and lots, and with the use of temporary projects to expand the realm of the possible in people’s minds: “Let’s get people reimagining what the streets could be.”

www.rebargroup.org

Wanna side of Candlestick EIR with turkey dinner?

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Text by Sarah Phelan
For those brave folks who plan to read the newly released six-volume EIR for Lennar’s proposed redevelopment of the 770-acre Hunters Point Shipyard/Candlestick Point site, the holiday season promises to be a busy time.

First, you need to actually find the report, which is buried over at the San Francisco Planning Commission’s site. To help you find your way there, click here.

Nex, you need to figure out when you’ll have time to read it before two public hearing which are scheduled for Dec. 15 & 17—just ten and eight shopping days before Christmas.

And then, if you plan to make a difference, you’ll also need to figure out when you’ll have time to write and submit public comments, which will be accepted until Dec. 28 (three days after Christmas, three days before New Year)

Now, maybe this timing will work marvelously, what with the economy in the shitter, and no one having money to spend on the holidays, and more and more people unemployed and therefore in possession of the time needed to read, digest and comment on all six of these crucial tomes.

Or could it be that most people won’t be doing any of this, and especially not during and in between the biggest celebrations –in terms of family gatherings and feasts?

To motivate y’all to sit up and start tracking this plan, which promises to majorly impact the city’s southeast, may I point you to a Nov. 5 presentation on the proposed plan that was made before the San Francisco Planning Commission last week, in anticipation of the EIR’s release.
(You can watch it or read the captions, depending on your mood). in anticipation of the EIR’s release, by clicking on the Nov. 5 links listed at the Planning Commission’s site.)

What struck me when I watched it was the overall vagueness, on the part of city officials, when it came to explaining the plans, and the desperation of community members, on the one hand, to get jobs, and, on the other, to get the shipyard thoroughly cleaned up (and not just cleaned up to Lennar’s “intended use”) and to get Lennar to keep its promises, be they to monitor the dust, or build 32 percent affordable housing, or create thousands of permanent jobs. Enjoy.

Housing cars or people?

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news@sfbg.com

GREEN CITY San Francisco Board of Supervisors President David Chiu has introduced legislation that would curtail the ability of residential property owners in Telegraph Hill, North Beach, and Chinatown to evict tenants and replace them with garages.

The ordinance, which is currently being reviewed by staff before it is considered by the Planning Commission, seeks to prohibit the construction of garages in rental properties that have been the site of a no-fault eviction in the past decade. Even if no evictions have occurred, owners would have to apply for a conditional use permit from the Planning Department to build the garage.

"We have seen a pattern of applications for garage installations following no-fault evictions," Chiu aide David Noyola explained.

The Ellis Act, a state law passed in 1986, gives owners the right to evict tenants if they decide to "withdraw from the rental market." The law specifies that all units in the building must be evicted. In 2005, the Board of Supervisors also began requiring landlords to pay $4,500 to each evicted tenant for relocation costs, with an additional $3,000 for seniors and the disabled.

Ted Gullicksen, director of the San Francisco Tenant Union, said the Ellis Act was intended to allow property owners to get out of the business of being a landlord, but "in practice it is utilized far more often by developers who are looking to rent the properties at considerable profit."

Although there are restrictions on re-renting property that has been cleared of tenants under the Ellis Act, a primary concern of tenant activists is the use of evictions to convert the building into a tenancy-in-common. A TIC is a form of joint ownership whereby multiple owners can buy the building and live in separate units.

"Often the real estate developer will try to make improvements following a TIC conversion to make it more sellable, and one of those is garages," Gullicksen said.

Malcolm Yeung, the public policy manager of the Chinatown Community Development Center, told us that "a garage generally increases the market value of a property by $30,000 to $50,000."

Yeung worked with Chiu’s office to develop the legislation after arguing in a discretionary review hearing before the Planning Commission that a particular Ellis Act eviction in the Telegraph Hill neighborhood was in violation of Sec. 101.1(b) of the San Francisco Planning Code, which states "that existing housing and neighborhood character be conserved and protected in order to preserve the cultural and economic diversity of our neighborhoods."

Following the distribution of Ellis Act notices to four low-income families, the property owner also filed for a garage add-on. Yeung successfully made the case that the eviction contradicted the Planning Code’s commitment to the preservation of economic diversity. He told us that the addition of garages "incentivizes owners to take on the financial costs of an Ellis Act eviction" and can "transform communities from long-term low-income residents to TICs, which go on the market at high value."

Gullicksen also said landlords often threaten an Ellis Act eviction and offer a buyout. "One of the benefits of the legislation is that it put tenants more in the driver’s seat when negotiating a buyout," he said. He also noted that homeowners are twice as likely to own cars as renters, which means that the conversions to TICs increase the number of vehicles in neighborhoods already congested with automobiles.

But like with all housing activity, there have been a greatly reduced number of both Ellis Act evictions and buyouts since the crash of the housing and credit markets a year ago, slowing to zero from March through May before slowly picking up in July.

Critics have decried the legislation as creating the burden of obtaining a conditional use permit and exacerbating the lack of street parking in the neighborhoods. But Noyola told us, "This problem has been around for a long time and will continue to be an issue when the market picks up again."

The legislation would also decrease the number of parking spaces that may be built with each new housing unit, part of a citywide trend. Noyola said the legislation is "progressive planning policy that prioritizes housing over parking, especially in the densest part of the city."

Listen to the community

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news@sfbg.com

The HIV/AIDS support community celebrated when President Barack Obama recently lifted the 22-year long U.S. travel ban against people infected with HIV. But officials say the federal government is still deaf to local needs and not making the best use of scarce resources.

The U.S. Conference on AIDS, held Oct. 29-31 at the Hilton San Francisco Hotel, attracted more than 3,000 AIDS treatment and prevention professionals and emphasized the unmet needs of the most at-risk communities.

"By extending the Ryan White Care Program and by lifting the ban, Obama has made a lot of people very happy," said Ravinia Hayes-Cozier, director of government relations and public policy for the National Minority AIDS Council, which sponsored the conference. "But we have to continue to do things differently here, to do things better, and to let the rest of the country know about the epidemic that is in all of our communities."

According to the Centers for Disease Control and Prevention (CDC), more than 56,000 Americans become infected with HIV each year — one every nine-and-a-half minutes — and more than 1 million people living with HIV in the U.S.

Despite these figures, community workers said little movement has been seen on the domestic side in the last eight years and that federal funding often fails to fund the full range of services people need.

"The CDC wants to see deliverable results in the fight against AIDS, which is understandable," said Alfred Forbes, a holistic consultant who led a workshop at the conference on how support and quality of life services have been neglected. "But I believe it has come to the point where we have missed our missions. A lot of organizations are more in touch with the federal funding in their pockets than their own communities."

While Obama’s 2010 budget request includes an estimated $25.8 billion for HIV/AIDS activities, only 4 percent of that is allocated toward domestic HIV prevention, thanks to the emphasis on more traditional care services.

"In the early days of epidemic, most of the work was done by the community, and we would try everything," said Karl Knapper, a program manager at the SF-based nonprofit Shanti. "But while it’s easy to look at results for providing care for people with HIV and AIDS, preventing it is very hard to prove — it’s like trying to prove a negative."

An organization that understands this problem well is the San Francisco AIDS Foundation, an agency that offers one of the oldest syringe exchange services in the country, a program banned from receiving federal funds.

"There is proof this program is saving lives. Before these services were available, 16 to 19 percent of new HIV-infections were caused by sharing syringes. But now in San Francisco, less than 1 percent of new infections are caused this way," said interim vice president of programs and services Keith Hocking.

Of the 28,114 cumulative AIDS cases in San Francisco at the end of 2008, 94 percent were male, 4 percent were female, and 1 percent were transgender persons. Seventy percent of male AIDS cases were among men who have sex with men.

Yet when a San Francisco group working to prevent HIV transmission among all gay and bisexual men created what it thought was a powerful publicity campaign five years ago, it got vilified in Congress and lost its federal funding. "We produced materials that we thought were appropriate for our constituents, and it was a disaster," said Kyriell Noon, executive director of the STOP AIDS Project. "They called it pornography and indecent. But to be perfectly honest, community norms when talking about sex are different in gay and bisexual communities.

"We have to meet the community if we are going to have any effect on the epidemic," Noon continued. "But there is a real disconnect between what we know is effective and what the government wants to fund."

The federally funded Ryan White Program, which covers underinsured individuals living with HIV/AIDS, got $2.3 billion this fiscal year, a $54 million increase over last year. While the CDC has increased funds for HIV prevention by the same amount, many community-based organizations must rely on the San Francisco Department of Public Health to fund less traditional services.

In July of this year, SFDPH allocated $11.5 million for HIV prevention, with $5 million coming from city and state funds. Dr. Grant Colfax, director of HIV Prevention and Research at SFPDH, said community partnership is crucial when tackling the disease.

"We work closely with the community planning council and base our priorities on what communities want and need," he said. "But I really do think it’s progressive to be able to hold ourselves accountable for the preventive methods we use. We do have to show it works."

"There are lots of different opportunities for funding, but we can’t afford to fund everyone," said CDC spokesperson Nikki Kay. "Community-based organizations must apply competitively."

Crossing the line

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sarah@sfbg.com

Estella (a fake name she used to protect her identity) is a single mother of five who came to the United States from Latin America when her oldest daughter was a baby, hoping for a better future for her family.

But thanks to a shift in San Francisco’s sanctuary policy that Mayor Gavin Newsom ordered last year, Estella’s daughter — we’ll call her Maria, now 15 — was seized by federal immigration authorities this fall, ripped from her family and community, and shipped to a detention center in Miami.

Her crime: she got in a fight with her younger, U.S.-born sister.

The experience shattered Estella’s dreams and terrified her family, whom immigration experts describe as "mixed status" because Estella also has U.S.-born children.

It also convinced Estella to speak out publicly to try to convince Newsom that legislation that ensures due process for kids like her daughter is the right thing to do.

Last month, a veto-proof majority of the Board of Supervisors voted to support amendments to Newsom’s current policy in an effort to make sure juveniles get their day in court before being hastily and needlessly referred to federal immigration authorities.

But the next day, Newsom vetoed the legislation introduced by Sup. David Campos, claiming it violates federal law. And now Newsom is refusing to debate the issue with Campos or meet with the community whose kids are at risk of being deported because someone in local law enforcement suspects them of being here without paperwork and accuses them of committing a serious crime.

Under Newsom’s policy, which he ordered without public review in June 2008, city officials are required to refer juveniles whom they suspect of being undocumented felons to U.S. Immigration and Customs Enforcement (ICE) when they book them at Juvenile Hall.

Last month Newsom defended his policy, saying that the city’s sanctuary ordinance, as originally conceived and adopted, was designed to protect law-abiding city residents.

"It was never meant to serve as a shield for people accused of committing serious crimes in our city," Newsom wrote in his veto letter.

His comments followed close on the heels of a San Francisco Chronicle editorial claiming the majority of these juveniles detained are subsequently found guilty of serious crimes.

But this is not true: the Juvenile Probation Department’s 2008 statistics show that 68 percent of the young people arrested in San Francisco that year were found to be innocent.

And as Estella’s story shows, under Newsom’s policy juveniles who have not committed serious crimes are at risk of being reported and detained for possible deportation.

This means a teenager — a 15-year-old girl in this case — could get dropped off in a country she last saw when she was a baby, with no family to meet and take care of her. These kids are at risk of being preyed upon by criminal gangs or "coyotes," often-unscrupulous human traffickers known to abuse and abandon young people during the perilous border crossing.

Most kids in Maria’s situation would want to return to their U.S. home — to their parents, families, friends — the only community they know. But since the federal government has made border crossings increasingly perilous, getting back to the U.S. often requires several thousand dollars in smuggler fees — leaving teens open to harsh exploitation.

In other words, deportation — in Maria’s case, for the crime of a fight with her sister — could be a sentence to years of forced labor, life in a violent gang … or death.

BAD DAY AT SCHOOL


It’s not clear how Maria got into the altercation at school with her sister; fights between siblings and friends in high school are hardly a rare or even terribly remarkable experience. But in this case, Estella told us, a school official reported her daughters’ fight to a social worker, who brought a police officer to Estella’s house for questioning.

As a result, Estella’s daughter was taken to Juvenile Hall. A year ago, she would have had access to a lawyer, who would have helped sort things out. If the fight had been serious or violent, she might have been placed on supervised probation.

But thanks to Newsom’s new policy, probation officers referred her to ICE and its agents swooped in, seized her, and shipped her to Miami.

Ultimately, a juvenile judge in San Francisco recommended Estella’s daughter be put on probation — but by that time, Maria was already in Florida, in a detention center run by a private company under contract to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR).

Detainees have no right to a public defender or free legal services. It’s often hard for their families to find out exactly where they are, so detainees wait in detention for immigration officials to decide what to do next.

Maria was fortunate that ORR recommended temporary reunification. Immigrant advocates say that Estella’s daughter is now back in the Bay Area with her family, but is still under deportation proceedings.

They note that one way parents can get their kids back from ICE is by giving up information — including the names, fingerprints, and addresses of other family members — to federal immigration authorities. But parents are not always willing to do that, especially if it could lead to other family members, including children, being deported.

As of press time, a super-majority on the Board of Supervisors is planning to override Newsom’s veto of Campos’ legislation at its Nov. 10 meeting. But the mayor has said he intends to ignore the Campos legislation — a posture that is not only legally questionable, but leaves immigrant parents facing the ongoing nightmare that their teens could get deported to a country they never knew for a crime they didn’t commit.

Immigrant advocates cite the case of a 14-year-old boy who is under ICE removal proceedings after he brought a BB-gun to school, and a Mexican youth who was deported, even though the District Attorney’s Office dismissed the robbery charges against him.

Patti Lee, managing attorney for the San Francisco Public Defender’s Office Juvenile Unit, described how the feds recently snatched a kid outside juvenile court, even though the District Attorney’s Office had dismissed his case.

"The kid was coming into court with his mother and the ICE agent had a photo of him, and grabbed him outside the building," Lee said. "His mom was hysterical and it was traumatic for our staff."

These are not isolated cases. ICE spokesperson Virginia Kice told us that 150 juveniles from San Francisco have been referred to ICE, and 114 have been taken into federal custody and transferred to detention facilities since Newsom ordered his policy change in 2008.

Immigration advocates say some of the kids have been sent to Yolo County, while others have been shipped to Oregon, Washington, Indiana, and Florida, making visits from family members, who may themselves be undocumented, extremely difficult.

Eric Quezada, an immigrant advocate and the executive director of Dolores Street Community Services, told us that while kids may try crossing the border to rejoin their families and friends, "lacking the serious dollars to come back, many are deported into extreme poverty or to be part of a gang."

Lee notes that federal immigration authorities have a duty to reunite children with their families. "But if the family is undocumented, its members are afraid to step forward, afraid to step into the Youth Guidance Center," Lee said. "So there are some children sent back to their alleged country of origin, without a family and resources. Because we can’t track them, that may be a death sentence."

DEATH MARCH


As a volunteer with No Mas Muertes (No More Deaths), a humanitarian camp in Arizona, SF Pride member Molly Goldberg has seen firsthand what being deported and trying to cross the border means to immigrants in terms of loss of dignity and life.

Arizona has been an immigrant rights testing ground for years. Shortly after its creation as an agency, the Department of Homeland Security provided millions of dollars to build a wall blocking the easiest terrain, forcing border crossers into the most rugged and dangerous areas, Goldberg said.

"They are bottle-necking it so folks cross in the most difficult, deadly area," she said.

Since the wall went up, the numbers crossing have gone down — but numbers dying have gone up. Goldberg said 184 people have died so far this year. But the numbers of dead could be much higher. "Because of the vultures and other scavengers, bodies are gone pretty quickly," she said.

This year, Service Employee International Union Local 1021 organizer Robert Haaland accompanied Goldberg to the border. Haaland says what he saw convinced him of the need for Campos’ amendment.

"I kept thinking about the Campos legislation in terms of seeing the impact of people crossing the border after being deported," Haaland said. He described a makeshift memorial to a 14-year-old El Salvadoran girl named Josseline whom smugglers left behind after she got sick from eating a bad can of tuna, according to her younger brother. He managed to cross the border, but Josseline died after wandering alone and without water in the border’s dry and inhospitable no man’s land for a week.

Others get left behind and die because they are wearing the wrong shoes and end up with badly blistered feet or are too weak to continue the grueling trek. Haaland recalled seeing water bottles that volunteers had left on the coyote trails but had subsequently been slashed, presumably by nativist vigilantes.

"The Border Patrol is using the desert as a weapon and harassing people who go to the border to give humanitarian aid," Haaland said.

That’s where some of the kids Newsom has sent for deportation will wind up.

WHERE ARE THEY NOW?


Although Newsom has made it clear he intends to keep referring kids to ICE, their whereabouts and fate under his policy remains somewhat of a mystery.

Kenneth Wolfe, a spokesperson for ORR, which is responsible for detained juveniles deemed "unaccompanied" (a category they could be placed in if they refuse to divulge the whereabouts of undocumented family members in the U.S.) said he can’t divulge their precise whereabouts because of juvenile confidentiality rules.

Wolfe told the Guardian that kids could be placed in juvenile halls or shelter-like facilities run by private contractors, depending on their crimes. He said ORR is required to report to Congress annually about the program, but the report for FY 2008-09 won’t be available for a few months.

In the meantime, Wolfe e-mailed the Guardian a copy of ORR’s 2007-08 report, which includes a map featuring colored circles to represent the numbers of apprehended kids based on Department of Homeland Security referrals.

The map shows that in 2007-08, less than 100 juveniles were apprehended in Los Angeles, New York, Philadelphia, and Washington; 100-250 were apprehended in San Diego; 1,000-1,600 in Phoenix; and 1,600-2,600 at the U.S.-Mexico border.

Presumably, next year’s map will include a colored circle around San Francisco, representing an apprehension rate similar to San Diego. But it probably won’t reveal which facilities these kids were sent to or whether they were ultimately deported, even though these kids were apprehended on the basis of referrals made by local city officials.

Nor will it show what the local community knows full well: that many deported kids cross back over the border to rejoin their families. Only now, because they have been deported, they are forced to go underground and are at risk if being recruited by gangs.

The federal government’s Unaccompanied Alien Children (UAC) program was transferred from ORR to the Department of Homeland Security in 2003. "The program is designed to provide for the care and placement of unaccompanied alien minors apprehended in the U.S. by Homeland Security agents, border patrol officers, or other law enforcement agencies and are taken into care pending resolution of their claims for relief under U.S. immigration law or released to adult family members or responsible adult guardians," reads the U.S. Catalog of Federal Domestic Assistance. "Resolution of their claims may result in release, granting of an immigration status (such as special immigrant juvenile or asylum), voluntary departure, or removal."

According to a 2008 ORR report, "a great number of UAC have been subjected to severe trauma, including sexual abuse and sexual assault in their home countries or on their journey to the U.S.: gang violence, domestic violence, traumatic loss of a parent, and physical abuse and neglect. In addition, UAC experience the increased probability of ongoing trauma as a result of their uncertain legal status and return to difficult life circumstances."

The report also notes that "UAC have indicated that, among other reasons, they leave their home countries for the U.S. to rejoin family, escape abusive family relationships in their home country, or find work to support their families in their home country."

ORR has approximately 7,200 UAC a year in its facilities, which are operated by organizations such as the U.S. Catholic Conference of Bishops and Lutheran Immigration and Refugee Services. There are more than 41 ORR-funded care provider facilities in 10 different states.

Last year’s ORR report noted that average length of stay in federal detention facilities is 55 days before children are released to family members and other sponsors, move into the adult system, or are returned to their home countries.

"As these programs increase and ICE increasingly places people in them, there’s a financial incentive to keep detaining people." Francisco Ugarte, an immigration lawyer with San Francisco Immigrant Legal and Education Network, told us.

But Abigail Trillin, staff attorney for Legal Services for Children, says ORR is doing a better job of handling juveniles than ICE did. "ORR has the right and obligation to try and place these kids in the least restrictive option," Trillin said. "But being reunified with your family does not in any way change the fact that you are under federal removal proceedings. So you still have a very significant risk of being deported alone to your country of origin."

Having a documented parent helps a juvenile make the case for staying in the U.S. permanently, as does having grounds for asylum. Having siblings who are U.S. citizens or having been here since you were a small child does not significantly help someone’s case.

But ending up in lockup can makes things worse. "If a child is in an ORR secure detention facility, they are less likely to fight their deportation case — a fight that could take up to two years — than if they were reunified with their family," Trillin said. "We have not yet seen a juvenile move from a secure facility to a foster home, but we have in the case of kids who are in ORR shelters for more than three months and have a legal case for staying."

Still, she said it’s possible a child could be flown to an airport in their country of origin without much subsequent support in most Latin American countries. "If they are Mexican, they are flown to the airport in Tijuana, and if there are no relatives, they are turned over to a child welfare agency in Mexico," Trillin said. "I don’t believe that level of cooperation exists elsewhere, though there might be some temporary shelters for them to wait in while their relatives are coming."

All countries of origin will have some involvement, Trillin noted, to the extent that they are contacted because all these kids need travel documentation. But that support is minimal. As she said, "Our country feels that it’s done its duty once the consulates are contacted."

LETTER OF THE LAW


In his Oct. 28 veto letter, Newsom claimed that the supervisors had changed the sanctuary ordinance by "restricting the ability of local law enforcement officers to report juveniles who are in custody after being booked for the alleged commission of a felony and are suspected of vioutf8g the civil provisions of our sanctuary ordinance."

But in a Nov. 2 response to Newsom’s veto, Campos countered that his amendment won’t shield anyone guilty of such crimes and he invited Newsom to publicly debate the issue. "The board and the people of San Francisco deserve to understand more fully why you intend to ignore this policy and the time-honored democratic processes followed in enacting it," Campos wrote. "At stake is the protection of innocent immigrant children that have been unjustly separated from their families."

He also accused Newsom of spreading misinformation about what federal law requires. "City officials have no affirmative legal duty under federal law to expend limited local resources and funding on immigration enforcement," Campos wrote, citing a July 1, 2008 public memo from the City Attorney’s Office and legal experts from Yale Law School, Stanford Law School, and UC Davis Law School who "have all agreed that there is no federal duty to inquire or report."

Noting that the City Attorney’s Office has made it clear that his proposed amendment is "a legally tenable measure," Campos concluded that "the point at which a referral of a minor is made to ICE is ultimately not a legal decision but a policy decision.

"Our criminal justice system rests on the principle that everyone is innocent until proven guilty; that is why providing youth an opportunity to contest a charge in court is a matter of basic due process," Campos continued. "The current policy is creating a climate of fear in immigrant communities, which means that immigrants who have been victims or witnesses to crimes are afraid to come forward."

The City Attorney’s Office has declined to comment on whether the mayor has the authority to ignore properly approved legislation. "We are not going to comment on legislation that’s still in the legislative process," City Attorney spokesperson Matt Dorsey told us.

But Campos believes the mayor lacks any such authority. "Can the mayor ignore legislation because he believes it’s illegal? Does he have the authority to have the final say? I don’t think so," said Campos, who is an attorney.

Trillin sees Newsom’s refusal to debate the issue with Campos as further confirmation that the Mayor’s Office doesn’t have a substantive argument that its sanctuary policy is a good one. "They can’t defend their position. They can’t win on substance," said Trillin, whose organization frequently provides legal guidance and support for immigrant youth.

She noted that the controversy that prompted Newsom’s policy change started with family reunification efforts. City officials were trying to reunite undocumented teenagers who were caught selling crack in downtown San Francisco with their families in Honduras when ICE officials intercepted them at George Bush Intercontinental/Houston Airport in December 2007 and May 2008.

These interceptions led U.S. Attorney Joe Russoniello, who opposed San Francisco’s sanctuary ordinance when it was introduced in the 1980s, to claim that flying youth back to their families without first referring them to ICE was tantamount to harboring criminals.

After the apprehended city officials claimed they were acting in accordance with San Francisco’s sanctuary ordinance, Russoniello convened a federal grand jury to investigate the city’s juvenile probation department. That investigation still hangs over JPD, even as Sen. Barbara Boxer mulls recommending candidates to replace Russoniello.

Meanwhile, right-wing activists have been blaming the city’s sanctuary policy for the tragic 2008 shootings of three members of the Bologna family, after they discovered that 23-year-old Edwin Ramos, the alleged killer and an MS-13 gang member, was apprehended by San Francisco’s juvenile justice system as a teen, but was never referred to the feds.

Facing this firestorm, Newsom caved to public pressure and followed the advice of Kevin Ryan, his Republican criminal justice director and the only prosecutor fired for cause during the 2006 U.S. attorneys firing scandal, by ordering that the city treat juvenile immigrants as adults, referring them to ICE at the moment of arrest on felony charges.

CHILDREN ON ICE


The same day supervisors approved Campos’ amendment, outgoing LAPD Chief William Bratton urged his department to keep its focus on fighting crime, not illegal immigration, plunging headfirst into the controversy over the federal 287(g) program.

Created in 1996 and expanded in the wake of 9/11 purportedly to counter terrorism and violent crime, the 287(g) program allows the federal government to enter into agreements giving local police the authority to enforce federal immigration laws. This has led many immigrants to mistrust and refuse to cooperate with local cops.

"My officers can’t prevent or solve crimes if victims or witnesses are unwilling to talk to us because of the fear of being deported," Bratton wrote in a Los Angeles Times opinion piece.

"I think what Chief Bratton is saying is different from what we are hearing in San Francisco" Campos said. "Mayor Gavin Newsom seems to be implying that San Francisco’s juvenile probation officers have no choice. But really, there is no law requiring them to refer kids to ICE. So it seems that what the mayor is doing is creating a de facto 287(g) program that gives local officers the power of federal agents."

That’s why Campos said it’s important for Newsom to participate in a public discussion of his intentions. "We need to ask the mayor if what he is saying is that JPD is an arm of ICE. If that’s the case, we need to know."

President Obama promised during the campaign that immigration reform would be part of his legislative agenda, but the White House hasn’t acted much on the issue. Yet immigration attorney Francisco Ugarte is hopeful that the tide is turning locally, as witnessed by the outpouring of support for Campos’ legislation. "Thirty-three percent of San Francisco residents are foreign-born," Ugarte observed. "That’s a really high number, a significant part of the constituency."

Russoniello told the Guardian that immigrants are not entitled to the same level of due process as citizens, implying that the U.S. has a two-tier criminal justice system. "There are citizens, and then there are people," Russoniello said.

Ugarte finds such arguments laughable. "The federal government has to make the argument that the Fourth Amendment does not apply to undocumenteds," Ugarte said. "These are hare-brained ideas that stem from hate and fear. The wonderful part of our country is that we have respect in the laws for all."

Ugarte believes that blaming the tragic Bologna murders on the city’s immigrant youth policy is like arguing that putting people on parole leads to crime. "Yes, there are going to be bad apples," Ugarte said. "But that doesn’t mean we can solve our problems by sending people to another country. L.A. thought it could get rid of gangs by deporting people to El Salvador. But guess what? They only grew the problem."

Patti Lee of the Public Defender’s Office doesn’t believe that the sanctuary policy will change unless the Board exerts financial pressure on Juvenile Probation. "I do not believe the policy will change because JPD is under orders from the mayor," Lee explained. "But JPD is supposed to comply with the legislation. So the Board of Supervisors, through its Public Safety Committee, could question JPD’s chief about his current process and why he isn’t complying with it. The board does have control over JPD’s budget, so it can put the squeeze on them."

"When police arrest and detain an undocumented child and bring them into detention charged with a felony, the minute they come in front gate, JPD has been directed to contact ICE," Lee said. "So we are not even aware until a day or two later, when we receive a police report or when we get a house list the next day, if someone is ICEed or not."

If the kids are unaccompanied and there are no family members in town, they typically go to juvenile lock-up for 30 days and then are released to ICE and get deported," Lee said.

"They are being ICEed even if they are adjudicated," Lee added, noting how her department got one youth’s charges reduced to misdemeanors but JPD reported the youth to ICE anyway, based on the current policy that any undocumented person booked on a felony should be reported at the moment of booking. "So they were ICEed without due process," Lee said. "And these are children."

PG&E news roundup: Discounts for energy hogs, new power plants in poor communities, and the CEO’s incredible expanding pension

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By Rebecca Bowe

A couple of news items related to California’s most powerful utility company caught our attention this week.

Pacific Gas & Electric Co. is planning to raise electricity rates for the customers who use less — in order to slash costs for big-time energy hogs, Mission Local reported this morning.

In an application filed with the California Public Utilities Commission (CPUC) on Oct. 14, PG&E explained that typical residential customers paying $74.14 a month would see their average monthly bill rise to $76.63, a 3.4 percent hike. Meanwhile, consumers using 1,500 kilowatt-hours per month could see their average monthly bill drop from $434.98 to $419.66, a discount of 3.5 percent. If approved, the change could take place Jan. 1, 2010 along with a bundle of other rate hikes.

It isn’t the only PG&E request to raise eyebrows recently.

A trio of environmental organizations filed formal letters of protest with the CPUC this week against PG&E’s application for two new gas-fired power plants.

The facilities, which would generate up to 1,300 megawatts of power, would be constructed in Oakley and Antioch, and PG&E expects them to be in operation by 2013 and 2014, respectively. According to the application, the utility would purchase the power generated by one facility, which would be owned and operated by Mirant. It would enter into a deal to purchase and operate the second facility once it was up and running.

The battle for District 6

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tredmond@sfbg.com

The race to replace Chris Daly — the always progressive, sometimes hotheaded supervisor who has dominated District 6 politics for almost a decade — is becoming one of the most important battles of 2010, with the balance of power on the board potentially in play.

Through whatever accident of politics and geography, San Francisco’s even-numbered districts — five of which will be up for election next fall — haven’t tended to fall in the progressive column. Districts 2 (Marina-Pacific Heights) and 4 (Outer Sunset) are home to the city’s more conservative supervisors, Michela Alioto-Pier and Carmen Chu. District 8 (the Castro) has elected the moderate-centrist Bevan Dufty, and District 10 is represented by Sophie Maxwell, who sometimes sides with the progressives but isn’t considered a solid left vote.

District 6 is different. The South of Market area is among the most liberal-voting parts of San Francisco, and since 2000, Daly has made his mark as a stalwart of the board’s left flank. And while progressive are hoping for victories in districts 8 and 10 — and will be pouring considerable effort and organizing energy into those areas — Daly’s district (like District 5, the Haight/Western Addition; and District 9, Mission/Bernal Heights) ought to be almost a gimme.

But the prospect of three progressive candidates fighting each other for votes — along with the high-profile entry of Human Rights Commission director Theresa Sparks, who is more moderate politically — has a lot of observers scratching their heads.

Is it possible that the progressives, who have only minor disagreements on the major issues, will beat each other up and split the votes enough that one of the city’s more liberal districts could shift from the progressive to the moderate column?

A FORMIDABLE CANDIDATE


A few months ago, District 6 was Debra Walker’s to lose. The Building Inspection Commission member, who has lived in the district for 25 years, has a long history on anti-gentrification issues and strong support in the LGBT community.

Jim Meko, who also has more than a quarter century in the district and chaired the Western SOMA planning task force, was also a progressive candidate but lacked Walker’s name recognition and all-star list of endorsements.

Then rumors began to fly that school board member Jane Kim — who moved into the district a few months ago — was interested in running. Kim has been a leading progressive voice on the school board and has proven she can win a citywide race. She told me she’s thinking seriously about running, but hasn’t decided yet.

Having Kim in the race might not have been a huge issue — in District 9 last year, three strong progressives competed and it was clear that one would be the ultimate winner. But over the past two weeks, Theresa Sparks has emerged as a likely contender — and if she runs, which seems more than likely at this point, she will be a serious candidate.

Sparks picked up the kind of press most potential candidates would die for: a front-page story in SF Weekly and a long, flattering profile in San Francisco magazine, which called her "San Francisco’s most electrifying candidate since Harvey Milk." Sparks does have a compelling personal tale: a transgender woman who began her transition in middle age, survived appalling levels of discrimination, became a civil rights activist and now is seeking to be the first trans person elected to the San Francisco Board of Supervisors.

She has experience in business and politics, served on the Police Commission, and was named a Woman of the Year by the California State Assembly (thanks to her friend Sen. Mark Leno, who would likely support her if she runs).

"Anyone who knows Theresa knows that she is smart, a formidable candidate, can fundraise, and will run a strong race," Robert Haaland, a trans man and labor activist who supports Walker, wrote on a Web posting recently.

She’s also, by most accounts (including her own) a good bit more moderate than Walker, Meko, and Kim.

LAW AND ORDER


Sparks doesn’t define herself with the progressive camp: "I think it’s hard to label myself," she said. "I try to look at each issue independently." Her first major issue, she told me, would be public safety — and there she differs markedly from the progressive candidates. "I was adamantly against cuts to the police department," she said. "I didn’t think this was a good time to reduce our police force."

She said she supported Sup. David Campos’ legislation — which directs local law enforcement agents not to turn immigrant youth over to federal immigration authorities until they’re found guilty by a court — "in concept." But she told me she thinks the bill should have been tougher on "habitual offenders." She also said she supports Police Chief George Gascón’s crackdown on Tenderloin drug sales.

And she starts off with what some call a conflict of interest: Mayor Gavin Newsom just appointed her to the $160,000-a-year post as head of the HRC, and she doesn’t intend to step down or take a leave while she runs. She told me she doesn’t see any problem — she devoted more than 20 hours a week to Police Commission work while holding down another full-time job. "I don’t know why it would be an issue," she said, noting that Emily Murase ran for the school board while working as the director of the city’s Commission on the Status of Women.

But some see it differently. "It would be as if the school superintendent hired someone to a senior job just as that person decided to run for school board," Haaland said.

Sparks’ election would be a landmark victory for trans people. For a community that has been isolated, dismissed, and ignored, her candidacy (like Haaland’s 2004 run in District 5) will inspire and motivate thousands of people. And it’s a tough one for the left — opposing a candidate whose election would mean so much to so many members of one of the city’s most marginalized communities could be painful. "A lot of folks will say that the progressives will never support a transgender candidate," Haaland noted.

But in terms of the city’s geopolitics, it’s also true that electing Sparks would probably move District 6 out of the solidly progressive column.

"If we lose D6, it’s huge," Walker noted. "This is where most of the new development is happening, where law-and-order issues are playing out, where we can hope to save part of the city for a diverse population."

More than that, if progressives lose District 6 and don’t win District 8, it will be almost impossible to override mayoral vetoes and control the legislative agenda. And that’s huge. On issue like tenants rights, preventing evictions, controlling market-rate housing development, advancing a transit-first policy — and raising new revenue instead of cutting programs — the moderates on the board have been overwhelmingly on the wrong side.

Kim, for her part, doesn’t want to talk about the politics of the 2010 elections — except to say that she’s thinking about the race and will probably decide sometime in the next two months. But she agreed with my analysis of how any left candidate should view this election: if she’s going to enter, she needs to present a case that, on the issues that matter, she’d be a better supervisor than either of the two long-term district residents with strong progressive credentials already in the race.

"I don’t have an answer to that now," Kim told me. "And when I make my decision, I will."

Poor turnout

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news@sfbg.com

The Guinness World Record for the largest mobilization of human beings was recently broken when 173 million people demanded that their governments eradicate extreme poverty around the world. But U.S. media barely noted the call and San Francisco’s event had low attendance, suggesting an uphill struggle for the cause in the world’s richest nation.

Millions gathered at more than 3,000 Stand Up, Take Action events in 120 countries Oct. 16-18 in an attempt to put pressure on governments to achieve the United Nations Millennium Development Goals, but less than 30 people gathered on the steps of San Francisco City Hall to support the movement.

Sup. John Avalos was one of the speakers at the event, organized by a coalition of local activist groups and student volunteers. Admitting that he was "expecting it to be a little bigger," Avalos said the event was just the start of what needed to be a much larger movement by the American people.

"There is a strange phenomenon occurring at the moment. It’s as if people are a little bit asleep about the need to be active," Avalos told the Guardian. "Because we have an administration they view as being more supportive of human rights and economic and social justice, people are being lulled into thinking things will just get better."

Standing just a short walk away from the birth place of the United Nations, Avalos bought attention in his speech to the rich history San Francisco has in mobilizing social change. "We do the best to live up to it, but we have a long way to go. Around the world this is the time to uproot poverty — we try to provide a safety net, but it could be stronger."

The Stand Up, Take Action, End Poverty Now! campaign is in its fourth year and is organized by the UN Millennium Campaign in an attempt to raise awareness of the Millennium Development Goals (MDGs), a series of benchmarks designed to eradicate global poverty.

At the United Nations Millennium Development Summit in 2000, 189 world leaders promised to "end poverty by 2015." The eight goals include eliminating extreme poverty and hunger, achieving universal primary education, and combating HIV/AIDS, malaria, and other diseases.

Rep. Barbara Lee (D-Oakland) has authored or coauthored every major piece of legislation dealing with global HIV/AIDS issues since she was elected to Congress. She told the Guardian that MDGs must be placed in context with poverty in America. "Sometimes people argue that we must look after our own first, but my position is that if you look at the eight Millennium goals, they all apply to our own country too," Lee said. "Look at the plight of people who are disproportionately affected by HIV/AIDS in our country — especially in African American and Latino communities.

"With the economic downturn, poverty rates in America are soaring, putting more people into circumstances the MDGs focus on outside of America," she continued. "I think it really is important to make those connections."

Lee compared the foreclosure crisis and lack of regulation in the financial markets over the last eight to 10 years to the "wild West" and calls America’s 47 million uninsured a "moral disgrace."

"It is about priorities and political will, and this will be determined by the voices of people saying it must be done," she said. "People have to push for these changes and remember that it didn’t just stop with the election. We have to raise awareness while at the same time working on changing policy. Otherwise we can get stuck debating issues and not doing the work that has to be done to change these very deplorable conditions."

Sup. David Campos was the only other supervisor to speak at the Civic Center event. He said he is committed to the fight against global poverty and wants to see the government represent the values San Francisco was founded on.

"We need to shed light and bring attention to one of the largest issues facing the world today — severe poverty," Campos said. "I really believe that as a city, as a state, and as a country, we not only need to make sure we push the U.S. to follow the lead of other countries, but actually become a leader in making these Millennium goals a reality."

After the event, Campos told the Guardian: "It doesn’t surprise me that more people didn’t show up to the event. But part of the task is to spread the word. San Francisco has been a leader in a number of these issues in the past, and I think we should play a key role in this one."

Campos said that one solution might be to put forward a resolution before the Board of Supervisors to support MDGs and have the city take a formal position on it.

"It is definitely something we are talking about to demonstrate San Francisco’s commitment to the issue," he said. "A lot of people don’t know about the goals, or the fact that the U.S. hasn’t really made them a priority. We need to spread the word and let people know this kind of a movement is only going to be a success if people take it upon themselves to play a leadership role."

Brian Webster, a volunteer who organized the SF event, drew attention to the large number of supporters for the MDGs in California. More than 250,000 people have signed up for the One Campaign, a global NGO that partnered with the U.N. Millennium Campaign in the events.

"For campaigners, it is now a matter of trying to join together and identify vast strategies to communicate what needs to be done," Webster said. "We will continue to educate communities, politicians, and civic leaders in what can be done this month, in the next six months, and ultimately, in the next six years."

While the Bush administration rarely mentioned MDGs while in office, many activists believe President Barack Obama’s public recognition of the goals at a recent U.N. summit demonstrates a change in American policy.

"In other countries, there has been more education and awareness about the goals. But here in America, it is almost like we are starting eight years late," said Anita Sharma, the North American director for the U.N. Millennium Campaign. "President Obama has said that the MDGs are American goals and has even talked about his plans for achieving them."

Also, despite the low numbers at the San Francisco event, Sharma says more than 190,000 people from North America participated in last weekend’s campaign, an increase of more than 70,000 from last year’s attempt.

"It’s not like Americans don’t care about global poverty — in fact we give more in charitable contributions than any other country in the world," she said. "It just takes quite a lot to get Americans into the streets and mobilized. There needs to be more education out there, that’s all."

Ananya Roy, a UC Berkeley professor of city and regional planning and education director of the Blum Center for Developing Economies, says she doesn’t think MDGs can be achieved worldwide by 2015. Even so, she stressed the important role they played in the framework of development.

Speaking at UC Berkeley’s Stand Up and Take Action Event, she said: "The goals are important because they are seen as a new global social contract that makes issues of poverty and inequality quite urgent. They also come with measurements and targets, which is meant to create accountability."

Roy placed particular emphasis on the eighth goal: building a global partnership for development. She noted that that increased awareness can change the ways the U.S. and European governments operate in terms of aid and trade.

"This multilateral contract requires more than simply the action and leadership of the U.S. and Western Europe," she said. "We need to think about poverty and inequality that is immediately around us, understand how we are involved in the production of depravity, and then we must act in solidarity.

"We need to be thinking about poverty as it exits here in the U.S. and not just as an abstract problem that belongs to someplace else," she added. "It is also our problem."

According to a 2009 U.N. report, progress toward achieving the MDGs has been slow in some cases and certain achievements have been reversed by the economic downturn. The report estimates that there will be 55 million to 90 million more people living in extreme poverty than anticipated before the crisis.

For Chandler Smith, media coordinator for the One Campaign — which campaigns for better development policies and more effective aid and trade reform — the Guinness certification marks progress toward achieving the MDGs. "That this year is breaking another world record speaks to the power of people to organize around the world, shows that we are a global community, and that there is a sustainability in the movement," he said.

"As for the North American aspect, we are always trying to educate people more about these issues. Our results show that a lot of our work has been done — but that we also have more work to do."

The case against Prop. D

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OPINION Proposition D is a classic developer’s scam. It was written by a mid-Market Street property owner who is spending more than $250,000 million to push hollow propaganda pieces preaching the wonders of his bill. When you strip away the glossy photos and misleading language, Prop. D is an attempt by private real estate owners to put up huge, flashing billboards and keep virtually all the money for themselves.

There is all kinds of misleading information in this thing. Individual signs are limited to 500 square feet — but the legal text encourages property owners to cluster as many signs as they want to display a single, massive, synchronized, electricity-sucking advertisement. What really pisses us off about the campaign for Prop. D is how the backers market it as "for the kids." (Because what kind of monster would vote against helping the kids, right?)

But that’s all a bunch of non-binding fakery. The 20 percent to 40 percent of advertising revenue that doesn’t go straight into the property owners’ pockets would go to the Central Market Community Benefits District — a self-selecting, self-reguutf8g group made up of the very landlords who own the buildings on Market Street. Then the CBD would get to decide how to spend the money with no public input or regulation. There’s no definition of what the "youth programs" would be. The backers also plan on spending money on a new ticket booth and on their own staff and expenses.

Back in 2002, 77 percent of San Franciscans voted to ban new advertising signs anywhere in the city. The Planning Department has issued a brutal analysis of Prop. D, calling it an unprecedented power grab that would strip regulatory oversight of the billboards from the (public) Planning Department and hand it over to the private CBD.

The mid-Market area needs help, for sure. But Prop. D is not the way to do it. If you really want to clean up Market Street, it’s gonna require some actual elbow grease in the neighborhood, some community input, a comprehensive revitalization plan, and real solutions for homelessness. Prop. D has zilch. If developers are serious about helping the underserved youth of the Tenderloin, why is there no binding language requiring a mandatory minimum of money for community benefits? Since when have digital billboards ever improved the quality of life of anyone — let alone cured poverty or homelessness?

We’re pretty bummed at the miserable press coverage of this totally sneaky proposition. We’re joining with a diverse group of community leaders and organizations, including state Sen. Mark Leno, Assembly Member Tom Ammiano, Sups. John Avalos and Ross Mirkarimi, School Board Vice President Jane Kim, Community College Trustee Steve Ngo, SoMa Community Action Network, the Coalition on Homelessness, the Alliance for a Better District 6, Senior Action Network, League of Conservation Voters, Livable City, and others in saying a big "hell no" to Prop. D. If Prop. D somehow does pass, we plan on working to put something on the 2010 ballot that would put real community input and oversight into this clusterfuck.

Jeremy Pollock and Ali Uscilka are on the steering committee of the SF League of Pissed Off Voters, which empowers young people to become politically engaged and educated on the issues. Since 2003 we’ve been organizing broad-based coalitions to create permanent, progressive, grassroots change. Read our entire voter guide at www.theballot.org.

Power Exchange opening tonight

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By Megan Gordon

After its long permit battle with the city, the Power Exchange sex club will open for business tonight at 9 p.m. Owner Mike Powers credits the work of Jeremy Paul at the Planning Department for expediting the paperwork snafus, and is confident there will be no further hang-ups or permit issues.

“We’re good now. We’re where we need to be. There will be no more having to go back and submit paperwork. We still have things to do with the Fire Department, but we’re cleared for 200 people, so unless we decide we want well over that number in there, we’re set,” Powers said.

Powers complied with all of the inspections, requested renovations, and refiling of paperwork, and will likely be rewarded with a very busy night tonight. With each passing weekend, loyal patrons have wondered when they’ll get to play once again. Now they’ll have a reason to look forward to the weekends once again.

Extended meter hours proposal gets heard today

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By Steven T. Jones

In a couple hours, the San Francisco Municipal Transportation Agency Board of Directors will consider a controversial proposal to extend parking meter hours to evenings and Sundays, but it’s still unclear whether that body is inclined to take any action.

Alternative transportation and urban planning activists are excited about the chance to weigh in on a proposal that would raise nearly $9 million per year and begin to balance out the fare hikes and service cuts that Muni riders absorbed this year, while some motorists and business owners are likely to express their opposition.

Mayor Gavin Newsom has been expressing opposition to the item through the San Francisco Chronicle, but an item buried in yesterday’s Matier & Ross column seems to indicate that he’s backing off a bit, although they don’t seem to understand that this is a decision for the MTA board, not the Board of Supervisors.

As I’ve written before, this proposal will be a big test of whether the MTA board, whose seven members are all appointed by Newsom, is actually the independent agency capable of making tough decisions without regard to political consequences that the intent of 2007’s Proposition A, which gave them full authority over parking and public transit in San Francisco.

The meeting starts at 2 p.m. in City Hall’s Room 400, and the parking meter proposal follows a discussion of the agency’s deficit-plagued budget, appropriately enough.

P.S. Streetsblog SF has an excellent discussion of the proposal with parking guru Donald Shoup, who makes it clear why this study is so different for the meter rates increases in Oakland that caused such controversy.

Power Exchange plugs along

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By Megan Gordon

The situation at Power Exchange, the San Francisco venerable sex club that has been battling with city officials and their neighbors, hasn’t changed much since we last wrote about it. “We’re bogged down in the mire of bureaucratic red tape. No one’s doing anything but a professional job, but it’s taking forever,” owner Michael Powers said.

If anything, the past few weeks have brought about changes and developments that seem to be slowing things down even further. “Planning just needs to send a letter to the Fire Department saying we’re not prohibited from being in there. The Fire Department is ready to put it in our hands,” Powers said. But Lawrence Badiner, planning inspector who was dealing with the situation, recently handed over responsibilities to fellow inspector Dario Jones. At press time, Jones was not available for comment.

In addition to a shuffling of responsibility within the Planning Department, on Oct. 13, Powers filed for a new building permit that would change the assembly definition from a nightclub to a social hall. When asked why he did this or what it will mean for the business, Powers replied, “The permit is based on Badiner’s interpretation—it’s the closest thing they have to match what our business really is. It’s just a matter of interpretation of language: a nightclub implies there’s activity like amplified music or organized entertainment. We don’t fit under all of those code sections. The idea with a social club is we’re no different than, say, an Elks Lodge.”

Walker and Meko differ on Prop. D

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By Steven T. Jones

Proposition D – which would overturn the voter-approved billboard ban on Market Street between 5th and 7th streets as a means of raising money to rehabilitate the neighborhood – has divided the progressive community, a division that is also playing out in the District 6 supervisorial race to replace Sup. Chris Daly (who is neutral on the measure).

The two leading progressive candidates in the race, Debra Walker and Jim Meko, differ on the measure. Walker, an artist who serves on the Building Inspection Commission, supports the measure and has actively campaigned for its passage. Meko, who serves of the Western SoMa Citizens Planning Task Force, opposes the measure.

“Billboards aren’t a cure for blight. They are blight,” Meko said, noting that his opposition stems from property owner David Addington’s placement of the flawed measure on the ballot without a proper vetting process: “The special use sign district might be a good thing, but I’m offended at the lack of process.”

Walker said she shares some of the concerns about process and the flaws in the measure – such as the unchecked fiscal authority given to the self-appointed Mid-Market Community Benefits District board – but she thinks they’re easily mitigated by the Board of Supervisors and the measure brings needed revenue to the area: “At some point, you’ve got to try it and see what happens.”

Secret history

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superego@sfbg.com

You say that you love women, you say that you love men … but do you love your robot children?

— "Robot Children" by Catholic

SUPER EGO Thanks to the mid-decade rediscovery, by young people at least, of ’70s gay bathhouse disco and the Hi-NRG club scene it spawned, the Bay is back on international electronic music nerds’ radar. Gay San Francisco wiz Patrick Cowley (1950-1982) — the man behind such essential touchstones as "Menergy," "Megatron Man," Paul Parker’s "Right on Target," and Sylvester’s "Do You Wanna Funk" — is now often mentioned in the same breath as Giorgio Moroder in terms of pioneering electronic dance music. Nightlife historians fetishize Cowley’s early ’80s Menergy parties at EndUp, and his unabashedly homoerotic output is embraced as both the prime source and an exciting alternative to all the gay-centric techno that followed.

In terms of retro styles — our digital century’s shameless obsession — Hi-NRG may well be the final frontier. Buried by AIDS, wondrously reeking of wanton gay sexuality, and lodged for decades in the "utter cheese" category of musical taste, it could only become acceptable in our post-rock, pro-gay, retro-viral moment. No one dared touch this stuff before. Now, straight fans get brownie points for enjoying "gay music," gay fans can relish a period previously blacked out by sadness, and everyone looks cool dancing to bang-up tunes they’ve never heard before. It’s a pretty apolitical revival so far. No one’s agitating for our bathhouses to be reopened, and I’ve yet to attend an underground retro disco party that donates its proceeds to AIDS research. But in terms of audio-archeological exploration, it’s a stunner.

Take the story of Catholic, the genre-exploding act Cowley formed with Indoor Life vocalist Jorge Socarras. From 1975-79, the duo recorded a batch of songs that improbably melded krautrock, synthpop, proto-punk, and electro experimentalism with bluntly gay lyrics ("Don’t you recognize me!" Socarras commands on "I Am Your Tricks.") The tunes were so far-out for their time that Cowley’s legendary label, Megatone, couldn’t handle them, and they languished in label head John Hedges’ basement for decades.

Enter Honey Soundsystem who, along with DJ Bus Station John, are our prime bathhouse boosters. When Honey’s members heard in 2007 that Hedges was planning to retire to Palm Springs, they gained access to his literally underground repository and loaded up a truck’s worth of Megatone tapes and acetates. Among the treasure were the stunning Catholic sessions. The rumor of a golden cache of lost, weird Cowley lit up Europe’s rarified techno scene, and the Catholic tapes found their way to German minimalist Stefan Goldmann, who with partner Finn Johannsen decided to release them on their recently formed Macro label. The result, Catholic, is jaw-droppingly prescient and fills in a wealth of subcultural blanks. (You can stream the album at www.honeysoundsystem.com and www.myspace.com/cowleysocarras.)

But there may be a danger here. "This stuff is so much more popular in Europe with the straight crowd," says Honey’s DJ Pee Play. "Of course the music is for everyone, but a lot of gay people here don’t even know that this is their history." Accordingly, Honey Soundsystem, in association with the GLBT Historical Society and others, is curating a special monthlong exhibit called "Megatron Man: The Life and Times of Patrick Cowley" at Mama Calizo’s Voice Factory. The exhibit incorporates memorabilia, audio interviews, and musical tributes inspired by Cowley, sent in from around the world.

Honey’s Josh Cheon has been painstakingly recording the interviews with key figures of the era, including Cowley’s roommate and sister. "It’s been incredibly emotional," he told me. "Everything is still so wrapped up with AIDS. Patrick died of it, and this is the first chance most people have had to open up about that, to cry about it. That’s the bigger story for us as gay people with this music. It’s a resurrection not just of Patrick’s contributions, but of a whole period that’s never been truly brought to light."

Adds Pee Play, "There were so many sprits at work with this project. Just the way everything worked out, we could feel them watching over us. The whole thing — the exhibit, the release, the parties we’re planning around it — we just wanted to acknowledge that. Before it becomes something else, we want to have our time with it, for San Francisco to dance around with the spirits and reconnect."

MEGATRON MAN

Opening reception, Sun/18, 6 p.m.–10p.m.;

Exhibit through Nov. 18), free

Mama Calizo’s Voice Factory

1519 Mission, SF.

www.voicefactorysf.org

Billboards and blight

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GREEN CITY David Addington presents a tempting vision for revitalizing the seedy mid-Market area, a kind of something-for-nothing deal that helps the children, property owners, and residents of the Tenderloin and relieves that burden from the cash-strapped city government.

All we, as San Francisco voters, have to do is accept a few new billboards, which voters banned in 2002 by passing Proposition G. Well, actually, more than a few. More like a cacophony of flashy and interconnected electronic signs and large billboards on top of the area’s 52 buildings. Proposition D, which Addington wrote and sponsors, would allow an unlimited number of business and general advertising signs along Market Street between Fifth and Seventh streets.

"I’m not afraid of signs," Addington says in his Southern drawl as we walk the neighborhood where he owns the Warfield Theater, the old Hollywood Billiards building, and the new Show Dogs gourmet hot dog joint next to the Golden Gate Theater, and where he seems to know everyone from scruffy street souls to his fellow business people.

As Addington points out, this is the most dilapidated stretch of Market Street, rife with vacant storefronts and cheap retail outlets, but bordered by U.N. Plaza on one side and the bustling Westfield Mall and Powell Street cable car stop on the other. It’s a two-block stretch that is neglected and ignored by much of the outside world.

"To change that, you’re going to have to make a dramatic visual presentation," Addington said, laying out a vision of a glitzy, twinkling theater district that lights up the neighborhood and beckons visitors. And the kicker is that by doing so, advertisers would pour millions of dollars of revenue into improving and promoting the neighborhood.

Property owners would get most of that money: 60 percent for most of them, but 80 percent those with street-level theaters, museums, or other interactive uses. "The idea is to create more ground-floor entertainment uses," he said, which, in turn, would liven up the neighborhood.

The rest of the money — and all the sign permits and approvals — would be controlled by the Central Market Community Benefits District (CBD). Some of the money would go to things like a ticket kiosk, some to creating a master plan for the neighborhood, some to beautification programs, and some to youth programs in the Tenderloin, which Addington has used as a major selling point for Prop. D.

"This measure will change the lives of the kids of the Tenderloin next year," said Addington, whose money and vision have garnered significant support from across the political spectrum, including a majority of the Board of Supervisors, much of it locked down before most people even saw the measure coming.

But opponents say problems with the measure go far beyond just accepting billboards as the answer to blight, which is a tough enough sell in sign-wary San Francisco. They note that the measure for the first time usurps city authority over permits and gives it to a CBD, which profits from the signs and has no incentive to put the brakes on. Further, the vaguely written measure has no guarantees for how the money will be spent, or if the kids will indeed get any of it.

"We definitely need to do something about Market Street, but Prop. D isn’t the thing," said Tom Radulovich, executive director of Livable City and the measure’s chief critic. "It’s very disturbing for those of us who believe in public process."

The Planning Department also raises concerns. Planning Director John Rahaim wrote in a scathing July 24 memo that the measure creates vague structures and logistical difficulties and tries to regulate sign content and delegate city authority in ways that may be illegal.

"Such unprecedented delegation of power to a private entity may create the risk of legal liability for the city. Moreover, because of the new powers that would be assigned to the CBD, concern regarding the CBD’s membership, decision-making process, and accountability are apparent," he wrote.

Radulovich also takes issue with Addington’s contention that the measure is needed to restore the luster of the once-vibrant theater district. "There’s no legislative reason to do this if it’s theater marquees you want," Radulovich said. "Prop. D is really about big billboards on the tops of buildings."

Endorsements

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San Francisco is facing the worst budget crisis in modern history. More than 1,000 employees, mostly front-line workers in the Department of Public Health, have been laid off, and the red ink continues. Yet the only measure on the November ballot that would raise any money for the city is Sup. Bevan Dufty’s plan to sell off naming rights for Candlestick Park.

That’s pathetic. During the summer budget discussions, Mayor Newsom vowed to work with business, labor, and the supervisors to come up with a reasonable plan to bring in some new cash for the city. But that collapsed — largely because state law would have made it hard to raise taxes this fall without a unanimous vote of the supervisors. And while eight members were willing to put a revenue measure on the ballot, the three supervisors closest to the mayor — Sean Elsbernd, Carmen Chu, and Michela Alioto-Pier, all Newsom appointees — refused to go along. And the mayor made only a weak effort to change their minds.

So while Democrats everywhere decry Gov. Arnold Schwarzenegger’s insistence on a cuts-only budget, the Democratic mayor of San Francisco has forced essentially the same approach on this city. The only revenue increases we’re seeing are fees, like Muni fare hikes, that amount to taxes on the poor.

That’s the state of San Francisco as we head into what will almost certainly be a low-turnout election. Only two elected officials are on the ballot, and both are unopposed. Five ballot measures — several fairly significant — round out the local ballot. And with no big-name races at the top, they will win or lose on the votes of a small majority.

That’s too bad, because the issues matter. Vote Nov. 3 — and let’s hope next year’s ballot actually includes some new, progressive taxes.

OUR RECOMMENDATIONS


City Attorney

Dennis Herrera

San Francisco hasn’t always had a good track record with city attorneys. George Agnost, who ran the office in the 1970s and 1980s, was a dour, secretive, conservative lawyer who let downtown call all the shots. Louise Renne, who took over from Agnost, ran the office in the 1990s as if it was a wholly-owned subsidiary of Pacific Gas and Electric Co. Herrera, who took over in 2001, has been a major improvement. He’s turned the office into a modern operation, professionalized the administration, and taken on an activist role on consumer, environmental, and public-interest issues. He’s been a big supporter of marriage equality and of the city’s landmark health-care legislation. On his own initiative, he sued to end gender rating in health insurance and crack down on predatory payday lenders. He also moved to enforce health codes in housing and has been out front going after corrupt landlords like Skyline Realty.

We have some concerns about Herrera. Although he’s been far more sunshine-friendly than his predecessors, open-government activists are still sometimes forced to sue the city to get access to records. He won’t use his power as city attorney to enforce the Raker Act and bring public power to San Francisco. And during the current budget crisis, he cut the number of city attorney hours the supervisors can use to draft legislation.

And if, as rumored, he wants to run for mayor, Herrera needs to start taking public stands on major issues — like the unfairness of the local tax code and the need for new revenue.

But we’re happy to endorse him for another term.

Treasurer

Jose Cisneros

The incumbent treasurer is running unopposed, and we see no reason not to endorse him. He’s done some very positive things: Cisneros worked to get the big downtown law firms and other partnerships to pay their fair share of city taxes. He closed a tax loophole exploited by the big airlines that put up flight crews in local hotels.

He also convinced local banks and credit unions to accept consular identification cards to allow immigrants to open accounts and has pushed those institutions to offer "second-chance banking" to people with past credit problems. During his tenure, more than half of the 50,000 households in the city that lacked bank accounts have been able to get away from predatory check-cashing outfits and open legitimate accounts.

As an elected official, however, he could be doing a lot more. The city still keeps all its short-term accounts in one bank — Bank of America, which isn’t even local. Cisneros has promised to open that deal up to competitive bidding, but doesn’t have a timeline. And although nobody knows better than the treasurer how unfair and regressive the city’s tax codes are, he has never spoken out or offered any solutions. Cisneros says he wants his office to be apolitical, but city money is, by its nature, a political issue, and we’d like to see a little more leadership from the person who handles it. But overall, he’s a professional money manager who’s done a decent job and deserves another term.

Proposition A

Budget process

YES

We’re a little nervous about Prop. A, which would institute a two-year budget cycle for the city. Sup. Chris Daly, who opposes it, points out that the city controller’s budget projections are often wrong — badly wrong — and trying to plan 24 months ahead when economic conditions (and thus the city’s revenue stream) can change so quickly and unpredictably is a dangerous game.

But on balance, the approach in Prop. A makes sense. The budget debates would still take place every year, and the supervisors would still have to approve an annual budget — although the budget would be a rolling two-year projection. So next year, the board would approve a budget for 2010 and 2011, the following year for 2011 and 2012, and so on — leaving plenty of room for adjusting to meet economic changes. And two-year cycles might make it easier for nonprofits that rely on city funding to do some serious long-term planning.

Equally important, Prop. A requires the police and firefighters to negotiate their union contracts the same time the other unions do — before the budget deadline. The current system allows those unions to make demands that are unrelated to — and often outside — the current year’s budget realities.

Every progressive on the board except Daly supports this, and Sups. Alioto-Pier, Elsbernd and Chu oppose it.

Proposition B

Board of Supervisors aides

YES

This one’s a no-brainer. The City Charter mandates that each supervisor be allowed to hire two aides. The requirement dates back to a long-ago era when city budgets were far smaller, problems were less pressing and complex, and the supervisors worked part-time. It makes perfect sense to take such an archaic law out of the City Charter and allow the supervisors to set their own budgets — and staffing levels — the same way the mayor does. Vote yes.

Proposition C

Candlestick Park Naming Rights

NO

You have to give Sup. Bevan Dufty, the author of Prop. C, credit for trying. He’s looking for any angle he can use to help keep the 49ers in town, and allowing a corporate sponsor to pay for naming rights might possibly help cover the immense cost of substantially renovating aging Candlestick Park. And, like Prop. D (see below), this measure has a nice beneficiary: part of the money from naming rights would go to save the jobs of recreation directors, many of whom have faced budget-driven layoffs.

We agree that rec directors play a crucial role, particularly in neighborhoods with large numbers of at-risk youth. And we wish the Chamber of Commerce, Sup. Elsbernd, and other supporters of Prop. C were willing to accept some progressive tax hikes to fund those jobs.

But this isn’t a good deal. The city owns the stadium; the taxpayers financed its construction and spent 30 years paying off the bonds. But the 49ers, a private outfit owned by a very wealthy family, would get half the money from any naming deal. And the money that would come in would be radically short of what the team would need to rebuild the ‘Stick. Vote no.

Proposition D

Mid-Market special sign district

NO

Again: credit for the effort. David Addington, who owns the Warfield Theater and several other properties on mid-Market Street, accurately notes that the city’s main thoroughfare, between Fifth and Seventh streets, is rundown, ignored, and badly in need of an economic boost. He argues that allowing new digital billboards would create something of a Times Square in San Francisco, attracting tourists and turning mid-Market into a thriving theater district. Nothing else the city has done has worked — why not give this a try?

We aren’t necessarily opposed to digital billboards and we’d love to see mid-Market reinvigorated. But Prop. D would give too much authority to an unelected, unrepresentative group. It would amount to privatizing city planning and set a terrible precedent.

Under the measure, the Central Market Community Benefits District, a private group of property owners, organizations, and residents, would be authorized to approve new general advertising billboards as large as 500 square feet. The ads would have to meet city codes, but the Planning Department and supervisors would have no ability to block new installations. And the money — potentially millions of dollars a year — would go entirely to the property owners and the CBD, which would decide how to distribute it.

Yes, like Prop. C, this measure would help a worthy group: some of the new money would go to youth programs in the Tenderloin. But the process this measure describes isn’t at all democratic. The CBD board selects its own members, and the only oversight the city has is the ability of the Board of Supervisors to abolish the agency and start over.

We’re open to new ideas for central Market Street. We’re open to lights and ads and maybe even billboards. But we’re not willing to turn over zoning and public finance decisions to a private group. Vote no.

Proposition E

Advertisements on city property

YES

Proposition E, written by former Sup. Jake McGoldrick, would freeze new commercial billboards and ads on street furniture at 2008 levels and outlaw advertising on public buildings. It’s an extension of existing city policy, which seeks to limit the increasing blight of commercial ads in public space. Vote yes.

City spanks Power Exchange

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news@sfbg.com

"Power Exchange is currently closed due to unfair Fire Department restrictions," states the message on the telephone answering machine of the embattled sex club, which plans to open — and possibly reignite its battle with neighbors and city officials — as soon as this weekend, Oct. 11.

Owner Michael Powers had hoped to open Oct. 2 after being shut down for alleged Fire Code violations on Sept. 18, shortly after opening for business in its new home at 34 Mason St. in the Tenderloin. But things are taking longer than Powers expected after he failed another city inspection Oct. 1. The seemingly endless paperwork from the various city agencies and the bewildering bureaucratic process are causing Powers to lose money — and patience — with each passing weekend.

Power Exchange isn’t just a venerable sex club, it’s a popular gathering place for the transgender and BDSM communities and a hub for unfettered sexual fun of all types, drawing customers from all over the Bay Area. Yet along with its strong following, the club has garnered significant opposition that recently forced its closure.

For 13 years, business boomed at the previous location at 74 Otis St. But Powers’ landlord and business partner went into bankruptcy, so Powers tried to reopen on Gough Street. But the Brady Street Neighborhood Coalition mobilized an opposition campaign with flyers and phone calls and the lease was terminated. Powers says the closure wasn’t because of the neighbors, but because the area had undergone a zoning change, making it difficult to acquire necessary permits.

So Powers found the location at 34 Mason and claims he was told by the Planning Department that it had previously housed Crash nightclub with an assembly permit already in place, and that no conditional use permit hearings were required. As far as he knew, Power Exchange was good to go.

Then the San Francisco Chronicle starting agitating against Power Exchange, quoting opponents and linking the club’s opening to incidents at the Pink Diamond nightclub and Grand Liquor, two Tenderloin businesses plagued with violence and liquor license issues. In the Sept. 12 article, "Backlash Against Sex Club in Tenderloin," news columnist C.W. Nevius wrote, "The club’s workers just moved in, opened for business, and apparently assumed that no one would say a word. They are in for a surprise."

Yet a subsequent news article ("Sex Club’s Presence Raises Concern," Sept. 17) cited zoning administrator Lawrence Badiner from the Planning Department and Department of Public Health spokesperson Jim Soos as indicating Power Exchange was a legal use for the site. "Even though the club operates from 9 p.m. to 5 a.m., it does not need an after-hours permit or a public hearing before the Entertainment Commission, nor does it need a permit from the health department because it does not sell food or alcohol or operate whirlpool tubs," reporter Meredith May wrote, although she indicated that city officials were looking for ways to heed the concerns of some neighbors and stop the club from opening.

Powers was preparing to open when he was told that the building did not, in fact, have a permit for assembly. Fire Department spokesperson Mindy Talmage claims, "Crash never obtained a permit to operate. Nothing. So they were in there illegally."

Fire Department inspector Kathy Harold met with Powers in early August and gave him a list of improvements to acquire the proper permit. He completed all but two, and had a work order for the remaining items. Harold told Powers they could issue a conditional use permit, allowing him to open.

Powers eagerly awaited Harold’s follow-up visit on Sept. 16 when she was to issue the conditional use permit. But Harold was, unexpectedly, joined by inspector Donal Duffy from the Building Department. Instead of a conditional use permit, Powers was issued a "cease all operations" citation.

"Apparently the Building Department had an issue with Powers. They never called to say they did everything on the list. Normally we could issue them a conditional public assembly permit. However, the Building Department issued a cease operations permit, and they supercede us. We can’t overrule that," Talmage said. So the party was over before it had much of a chance to begin.

A frustrated Powers went ahead and opened Sept. 18, but city officials showed up to shut it down. He’s convinced that this is about more than a few building improvements or filing a change of use document for the appropriate permit. "It’s not about whether that building is safe. It’s safe as safe can be right now," he claims.

Tenderloin Station Police Capt. Gary Jimenez disagrees. "We want to prevent them from opening up because the location is dangerous. It’s a fire hazard, we’re not sure the sprinkler system is hooked up, and they don’t have an occupancy permit from the Fire Department. Nor will they be able to get one until they clear the building inspector violations."

Yet city officials seemed OK with the club until neighbors and the Chronicle turned up the heat.

"The feeling most residents have is that they’re already dealing with significant crime and quality of life issues. This is the last thing that they wanted to move into this largely residential neighborhood," says Daniel Hurtado, executive director of the Central Market Community Benefit District.

Patrons say the discreet club has gotten a bum rap. "Power Exchange has always had good security, a good relationship with its neighbors and customers, an open-door policy on concerns, and a sense of giving back to the community," Dori, a longtime Power Exchange patron, told us.

Powers, who ran for mayor in 2007, remains defiant: "Currently I look like I’m closed down because I’m defying the law. The reality? You’re not going to prohibit me from being open because of paperwork. If I need to file a new document, fine. Let’s move on."

But after failing to get the green light during an Oct. 1 inspection, Powers is feeling frustrated. "The Planning Department, again, is doing their hocus-pocus over their interpretation of the business. If you’re going to say we’re not restrained from going in there, what does it matter what type of business we are? If Badiner would just say we’re not prohibiting them from opening, the Fire Department will let us kick the doors open."

Devoted patrons of Power Exchange echo this frustration. "We all want a safe club and appreciate the need for inspections related to safety and expect the city to work quickly and fairly with the PE to remedy any safety issues so it may reopen for business soon for me and the whole community," Robin said.

Powers describes his "complete and utter frustration with the finger pointing of the different bureaucracies" as maddening. But the ball is rolling. When they do reopen, it remains to be seen if residents of San Francisco — known to be open-minded and accepting — will allow Powers to just settle in. For now, neighborhood groups wait with watchful eyes as Power Exchange patrons prepare to play once again.