Planning

Mayor Lee addresses Google bus controversy

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At a press conference on affordable housing today, the Guardian asked Mayor Ed Lee about San Francisco’s favorite pinata: tech buses. The monstrous private shuttles, which daily whisk tech workers away to Silicon Valley, currently use Muni bus stops without paying fines, like most private autos do. 

In Guardian News Editor Rebecca Bowe’s article in the print edition of the Bay Guardian this week, the San Francisco Municipal Transportation Agency spokesperson Paul Rose tells her that although there is a proposal in the works to regulate them, the SFMTA won’t profit a single dime from the plan. 

“We are developing these policies to better utilize the boarding zones for these shuttle providers,” Rose said. “What we’re trying to do is provide a more efficient transportation network.”

But everyone in San Francisco who has ever ridden Muni knows that it struggles to run on time, and chronic underfunding is a perennial Muni problem. It even hurts the city’s bottom line, depressing our economy by over $50 million a year, according a report from the city earlier this May.

The report also highlights the cost to overhaul Muni between now and the year 2020: over $167 million would be needed to overhaul the system.

So why not make a few bucks from tech companies using Muni stops, who, according to the city, cause Muni delays? 

We asked Mayor Ed Lee that very question at a press conference today. You can listen to his answer in the audio embedded below, or read the transcript for yourself. 

San Francisco Bay Guardian: “Housing is one aspect of this, but transportation is another. The MTA’s plan to deal with tech buses is cost neutral. Is that a missed opportunity to get additional funding for Muni?”

Mayor Ed Lee: “Not a missed opportunity. That’s the essence of that 2030 task force, transportation task force, that we put together where they send a report to me, I’m in a process of reviewing all aspects of that. 

Muni officials themselves were directly involved in producing that very comprehensive review along with our Planning Department and many in fact all of the departments here had implemented them.

Transportation is not just about Muni, it’s about all the modes of how people get around the city. You can’t forget that, because that’s a really big part of the task force’s work.

How to get people walking. How to get them bicycling safer and more. How to get cars less, and the cars that do, get them through where they have to go without stalling and congesting. 

How do you invest in Muni? In its assets, in its transportation, in all of its aspects. How do you work with taxis and all the other car-sharing and automobile sharing companies. It’s not just about taxis, by the way. I hear from my taxi friends as I walk around City Hall, they don’t want to be left behind so we want to bring them in to see the new exciting use of Uber carshare and Lyft… all of those modes have to be paid attention to at the highest level, including investing in the assets of Muni.

I want Muni to be the choice.”

Earlier in the press conference Lee voiced his opposition to all of the hatred pointed at tech companies. 

“People, stop blaming tech, tech companies,” he said. “They want to work on a solution. I think it’s unfortunate that some voices want to pit one economic sector they view as successful against the rest of our challenge. The reality is they’re only eight percent of our economy.” 

We tried to ask a follow up question, but at the end of his answer on Muni, the mayor’s spokesperson Christine Falvey told the Guardian “We’re going to go on a tour now, this is off topic.”

Mayor Lee orders affordable housing push

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Mayor Ed Lee stood on the rooftop terrace between high brick walls of the soon-to-be-built Natoma Family Apartments, and in the distance, the buzz and clanks of nearby construction echoed his message of the day: Build, baby, build. 

Today (Wed/18) the mayor announced an executive directive for all San Francisco government departments with a hand in housing development to prioritize construction of affordable units, from completely below market rate (BMR) projects to those that have a mix of BMR and market rate units. 

The Department of Building Inspection, Mayor’s Office of Housing, Planning Department and others involved with approving development will all reorient their priorities towards getting new affordable housing built — a stark indicator of just how potent this issue has become after months of high-profile evictions and progressive organizing and demonstrations.

“It isn’t always on the private sector, we’ve got to have a stake in the action as well,” Lee told reporters gathered at the Natoma apartment building. 

“(San Francisco) is expensive,” he said, “but we don’t have to accept it. We can do something.”

With the tech-fueled housing crisis pricing out San Franciscans left and right, and Ellis Act evictions surging 170 percent in the last three years, the city is in dire need of housing help. Even the national media has picked up on San Francisco’s rising inequality, even if some local media outlets have been slower to react.  

But as progressives have noted before, you can’t simply build your way out of this crisis, as Lee acknowledged. His directive carries a promise to incentivize an emphasis on middle class housing, which has been particularly lacking in the housing now being built. 

“The other part of this directive is to also get the other departments to work with me and the private sector to build more housing in all the different spectrums, and middle class housing,” Lee said.  

New Housing Project at Natoma street

Mayor’s Office of Housing Director Olson Lee speaks to a reporter on the deck of a community garden at the new Natoma Family Apartments, which will open in January. 

City rules will also change to protect current housing stock. Now, when a loss of housing is proposed, it will need to go through the Planning Commission for a discretionary review hearing. The mayor also formed a working group of city department heads to make recommendations to the mayor on how to preserve and create new affordable rental stock in San Francisco.

“It isn’t always on the private sector, we’ve got to have a stake in the action as well,” Lee said.

The promise of more housing in the city almost sounds too good to be true. Will the mayor’s plans reverse San Francisco’s affordable housing crisis? 

Peter Cohen, co-director of the Council of Community Housing Organizations, said it sounded like a step in the right direction. “The proof’s in the pudding, of course,” Cohen told the Guardian. “It’s the kind of directive that I wish, honestly, would come out a year ago. The answer has been, let’s keep building and hope it fixes itself.”

By prioritizing affordable housing and mixed use housing, the mayor is using the leverage of government to get developers to do the right thing. “If developers are pushed to put more units they’ll do it,” Cohen said.

Let’s hope the new push from the mayor has come in time to stunt the crisis. Even at the Natoma property where he made the announcement, the need of San Franciscans for affordable housing was palpable.

The new Natoma affordable housing building has 60 units, and will open in January. How many San Franciscans applied to live there? 2,806. 

Bus stop

85

rebecca@sfbg.com

Each weekday, gleaming white buses operated by Google and other Silicon Valley tech giants roll through congested San Francisco streets and pause for several minutes in public bus stops, picking up passengers bound for sprawling tech campuses.

Using bus zones for private passenger pickup is not legal — but so far, that hasn’t resulted in any kind of systematic enforcement. It did boil over as an issue when it became the focal point of the Dec. 9 Google bus blockade, a Monday morning rush hour episode staged by anti-gentrification activists that went viral thanks to Bay Guardian video coverage, spurring commentary by Wall Street Journal, Fox News, and dozens of other media outlets.

 

SYMBOLIC ISSUE

The significance of the private buses as a symbol for an economically divided San Francisco, private service that spares a high-salaried class of workers from the delays, crowds, and service breakdowns that can plague Muni, has never been more resonant. The shuttles are frequently mentioned in conjunction with eviction and displacement, since apartment units in proximity to shuttle routes have become more desirable and expensive.

And as more shuttles are sent out to transport passengers, the San Francisco Municipal Transportation Agency has come under increasing pressure to solve the logistical and other problems they create.

“Our policies are catching up to this new transportation mode,” SFMTA spokesperson Paul Rose said in a recent phone call. “The shuttle service has been growing very rapidly.”

Accordingly, SFMTA is working on a pilot program to allow Google and other providers of private shuttle buses to share space in Muni bus zones in an organized fashion. The policy would establish a set of guidelines around boarding and alighting, implement measures to prevent Muni delays, create a formal permitting process, and require the shuttles to display identifying placards.

Although Muni needs funding to improve its aging infrastructure (see “Street Fight”), this plan to accommodate private shuttles would not result in any new revenue collection for the agency. Google and other private shuttle providers would be charged a fee under the program, but it would go only toward cost recovery, allowing the agency to break even.

Leslie Dreyer, one of the masterminds behind the Google bus blockade, calculated that the SFMTA could theoretically collect $1 billion if it aggressively targeted private shuttles for violating the Curb Priority Law, which prohibits vehicles other than Muni from using designated bus zones.

“It’s a ballpark estimate,” Dreyer said, describing her project as more of a thought experiment to illustrate a broader point. “We were trying to get people to think about … the bigger issue of what these things symbolize: evictions, gentrification.”

Dreyer based her findings on a color-coded chart released by SFMTA in July, showing the frequency of shuttle stops at 200 known locations. Paul Rose insisted the $1 billion estimate was too high because the total number of daily private shuttle trips is actually lower. He added that it’s more than just Google that is using the stops: At least 27 institutions and employers provide private shuttles in SF, according to data compiled by SFMTA.

But even based on the information that Rose provided, that same calculation shows that Muni could collect $500-600 million in fines from all the shuttle providers. That’s theoretically enough to augment a sizeable portion of Muni’s annual operating budget, which is around $800 million.

The pilot program for sharing bus zone space with private shuttles is expected to be reviewed by the SFMTA board early next year, and it could be implemented by July of 2014. It does not require approval by the Board of Supervisors.

 

SCOFFLAW BUSES

In the meantime, given that Google and other private shuttle providers are in rather obvious violation of a law prohibiting them from doing what they do every weekday like clockwork, why doesn’t the SFMTA bother to enforce the law?

Rose offered several answers to this question, but most just pointed to more questions.

The fine for violating the law that prohibits vehicles other than Muni from using bus zones is $271, Rose confirmed. According to a Strategic Analysis Report prepared for the SFMTA in June of 2011, which notes that the Curb Priority Law is part of the City Transportation Code, “enforcement … has been limited.”

“We have only so many resources, and most enforcement is based on complaints,” Rose explained.

But the same strategic analysis report, dating back to 2011, shows that a great number of complaints have flowed in from disgruntled transit riders.

“The frequency of public comment and complaints regarding bus zone conflicts … may indicate a more problematic situation than these limited data imply,” a portion of the 2011 study noted after presenting the results of a field study, in which some analyst was presumably sent out to physically observe the private shuttle buses (illegally) stopping in the bus zones.

Rose’s contention that a lack of complaints was behind the lack of enforcement didn’t really seem to hold up, but he offered another reason, too. “We’d have to ID the bus,” he explained. “There isn’t an identity placard or permit to ID them specifically.”

Establishing an identification system is one of the goals of the pilot program now under consideration, he added. Then again, Google buses have license plates. And if SFMTA has the capability to do anything well, it’s to harness license plate data as a mechanism for collecting fines from offending motorists.

In fact, officers under the parking enforcement division of the SFMTA use an automated system called AutoVu Patroller, made by a tech company called Genetech (not to be confused with Genentech, a pharmaceutical giant that has its own fleet of buses transporting San Francisco employees to its South Bay campus).

 

EASY TO TRACK

The AutoVu patroller starts automatically when a parking enforcement officer fires up the on-board computer. It works by scanning license plates as the parking vehicles cruise down the street, using plate recognition technology to feed the data into a system that checks the identifying numbers against an existing hotlist.

When a hit occurs, it’s automatically flagged on screen. With the flick of an index finger, an enforcement officer can instantly bring up a vehicle’s model, year, and VIN. If a vehicle lacks a permit, it automatically generates a hit, signaling that enforcement may be needed. Then there’s the obvious point that Google buses and other shuttles are highly visible, and stopping all the time — whether or not an enforcement officer has a license plate scanner or not.

But at the end of the day, the private shuttles are treated differently from other kinds of vehicles that are found to be in violation of the transportation code. No matter what the laws on the books say, it’s difficult to imagine the SFMTA or the SFPD, which also has enforcement power, causing tech employees to be late to work as they roll through the city in climate-controlled coaches with tinted windows.

Far from targeting the shuttles for enforcement, an in-depth conversation has actually been taking place between the shuttle providers and SFMTA for quite some time, with representatives from the Planning Department and other agencies brought to the table as well.

The SFMTA actually regards the shuttles as being somewhat helpful, Rose said, since they get drivers out of their cars and into pooled transportation modes, thereby helping to alleviate congestion.

“We are developing these policies to better utilize the boarding zones for these shuttle providers,” Rose explained. “What we’re trying to do is provide a more efficient transportation network.”

To that end, the city has organized a series of stakeholder meetings in recent years with Google, Apple, Adobe, Genentech, the University of California San Francisco, and other shuttle providers to design a way for Muni buses and private buses to coexist in harmony, in city bus zones. Those conversations were referenced in the 2011 report; three years later, the pilot program is expected to solidify those discussions into a formalized system.

Here and there, some bus zones have already been altered to accommodate the private shuttle buses. “[An] extension of the Muni zone on 8th Street (in the South of Market) appears to be working well; although SFMTA Staff report that shuttle operators using the new zone have balked at the suggestion that they should help pay for the $1,500 improvement,” the 2011 strategic analysis noted.

The plan that’s coming down the pipe will essentially serve to legitimize what the shuttles are already doing. But so far, this deal won’t result in any financial gain for the transportation agency. If it goes forward as planned, the opportunity to make transit improvements by collecting revenue from private companies that use public infrastructure will be passed up.

SF Board of Supervisors approves new tenant protections

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

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

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

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

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

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

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

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

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

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

Then, Sup. London Breed spoke up.

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

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

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

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

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

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

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

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

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

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

3-2-1 contact

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arts@sfbg.com

FILM El Cajon — between balmy coastal San Diego and arid desert mountains to the east — is just the sort of place where the dream of California living came true for a lot of industrious working-class people in the post-World War II boom years. It’s also where their boomer children and generation-next grandkids are currently seeing that dream slowly expire.

It exploded in the original golden age of suburban planning, by 1960 going from podunk burg to major ‘burb with 25 times the population it had had two decades earlier. Such rapid growth is seldom pretty, and today El Cajon mostly looks like a rusty old conglomeration of strip malls, ranch-style homes, and motel-like apartment complexes that probably were a little tacky to begin with. It’s certainly not the first place that might come to mind when pondering where groundwork might be laid for the coming landing of space vessels from the 32 worlds of the Interplanetary Confederation, who will arrive at last to save we holdout “Eartheans” from our endless cycles of self-destruction.

But that is exactly what El Cajon has been for nearly a half century, since Norman and Ruth Norman settled upon this place to headquarter their Unarius Academy of Science. While the Normans are long gone — from this crude mortal plane of existence, at least — their philosophy (or “UFO religion,” as some put it) lives on in a center that still ministers to and teaches an increasingly elderly community of devotees.

It also attracts a certain number of gawkers, as Unarius (Universal Articulate Interdimensional Understanding of Science) has accidentally generated its own spin-off “cult” of worshippers at the altar of camp. In the 1980s, public access stations across the nation began airing the nonprofit organization’s self-produced films and videos portraying aspects of their mythology, notably the many past incarnations of Uriel née Ruth Norman — female, male, and otherwise. (These include myriad famed emperors, prophets, geniuses, and the Statue of Liberty.) Enacted by Unarius “students” in elaborate costumes with fanciful sets and FX, these are among the most flabbergastingly wonderful “home movies” ever made — crazy narratives with the aging Ruth decked out in enough wigs, chiffon, costume jewelry, and miscellaneous spangles to float an entire convention of drag queens. If you visit the El Cajon facility, expect its keepers to be polite but wary: They’re happy to spread the gospel, but know you’re probably there for the kitsch value.

Everybody can be happy with Bill Perrine’s Children of the Stars, the centerpiece of Other Cinema’s latest “Incredibly Strange Religion” program at Artists’ Television Access this Saturday. It has scads of footage from such Unarius superproductions as A Visit to the Underground City of Mars, which if you haven’t seen such before will make you want to immediately track down their complete original versions. But it also cannily limits itself almost exclusively to interviews only with the remaining faithful. They unfailingly seem very nice, ordinary, good-humored, and not prone to hyperbole (let alone insanity), even as they testify to the occasional outlandish doctrine or personal experience.

Born at the turn of the last century, Ruth Nields was a restless, lively soul who went through a number of professions (and several husbands) before 1954, when she met electrical engineer Ernest Norman, whose past lives apparently included that of Jesus Christ. He passed away in 1971, at which point the church these “two great beings of celestial consciousness” had established started heading in (even) more fanciful directions, to the dismay of some earlier converts but the delight of many new ones. Ruth assumed the primary identity of Uriel, “Queen of Archangels,” a fourth dimension channeler who’d already materialized on as Yuda of Yu, Poseid of Atlantis, Peter the Great, Quetzalcoatl, Zoroaster, King Arthur, and JFK.

Several such lives, and prophesies of imminent extraterrestrial arrivals, were elaborately portrayed in such sci-fi spectaculars as The Arrival and Roots of the Earthmen. There were also historical epics, including one in which Norman — as a Scarlett O’Hara-like belle of the Old South — cavorts on a plantation, surrounded by what appear to be many enthusiastic young white gay men in blackface drag gushing about how beautiful and kind she is. These extravaganzas endeared Unarius to a larger audience via cable airings, though eventually shrinking inspiration or funding curtailed their production.

Unarius hardly lacked drama in its daily operations. A student turned “sub-channeler” named Louis Spiegel was cast as official “fallen angel,” a Lucifer whose bitchy ways and power plays irked many until Uriel pronounced him “totally healed” in 1984, at which point he abruptly turned into “the sweetest man.” Others jostled for the Queen’s favor, recalling their envy and arrogance now as lingering repercussions of past lives in which some presided over Uriel’s beheading in ancient Egypt or led Jews to Nazi gas chambers. Everyone was woven into the ever-evolving narrative, which sometimes closely resembled popular fantasy series like Star Trek or Star Wars. (Perrine cleverly uses old sci-fi clips to illustrate Unarius concepts.)

Ruth Norman died in 1993. The last announced date for the “Space Brothers” to visit, 2001, came and went because clearly Eartheans weren’t ready in the wake of 9/11. But Unarius survives, despite its mythology of negative energy phenomena over millennia remaining a small beacon of utopian benevolence in a world of gloating religious apocalypticists. El Cajon may turn out to be the very portal to paradise yet. *

CHILDREN OF THE STARS

Sat/14, 8:30pm, $6.66

Artists’ Television Access

Suspending judgment

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joe@sfbg.com

The Guardian is publishing only the first names of minors and their relatives named in this story, to protect their privacy.

In San Francisco public schools students can be sent home for talking back to a teacher, wearing a hat indoors, or sporting sagging pants. These infractions sound like the daily life of a kid, but the state calls them “willful defiance,” a category of suspensions that are nebulous to define at best.

Like the old saying about pornography, teachers say they know it when they see it, but students and parents alike are now calling foul on the practice.

The suspensions are so abundant in the San Francisco Unified School District that a movement has risen up against it. Sending kids home not only is an ineffective punishment, opponents say, it also can lead youth into the criminal justice system.

Now San Francisco Board of Education Commissioner Matt Haney is proposing a resolution that would ban willful defiance suspensions in San Francisco schools altogether.

“There will still be situations where we need to send a student home, but willful defiance will not be one of those reasons,” he told the Guardian. “Change is hard, complicated, and messy. But we can no longer deal with discipline or interactions with our students in that sort of way.”

He plans to introduce the resolution at the Dec. 10 Board of Education meeting, and if it passes, he said full implementation may take until the next school year.

There’s a fight to ban willful defiance suspensions statewide as well, but so far it’s been stymied. Just last month, Gov. Jerry Brown vetoed Assembly Bill 420, a bill mirroring aspects of Haney’s proposal. Those advocating for such a ban say it’s an issue of racial justice.

San Francisco’s African American and Latino students together suffer 80 percent of willful defiance suspensions, according to SFUSD data. The nonprofit student group Coleman Advocates for Children and Youth decried this statistic as an injustice, supporting the ban.

The San Francisco Board of Education took tentative steps to reduce suspensions as a whole in 2010, voting to introduce a new disciplinary system called Restorative Practices district wide. It’s complex, but basically asks students to talk things out in what are called “restorative circles” that include everyone involved in an incident, like a fight.

It’s also about changing the culture around discipline. It encourages teachers and students to establish a rapport, turning around the way some schools have practiced authority for decades.

At the time, there was hope. Fast forward three years, and that hope has dwindled.

Early evidence shows that Restorative Practices work better than suspensions, and prevent behavioral problems down the road, too. But out of SFUSD’s more than 100 schools, less than half of them started to implement the new reform.

Few schools have fully integrated the change, officials told us. Haney’s resolution addresses this with a mandate: SFUSD must implement Restorative Practices throughout the San Francisco school district.

The program is important, proponents say, because the majority of the 55,000 students a year moving through San Francisco schools still face school discipline that can set them way back in school and later may lead to incarceration. And suspensions can be levied for the smallest of infractions.

Cupcakes and justice

Xochitl is a 15-year-old SFUSD sophomore with long brown hair. She watches the TV show Supernatural (Dean is cuter than Sam) and yearns to one day live with her relatives in Nicaragua. Years ago on her middle school playground, she once faced a hungry child’s ultimate temptation: Free cupcakes.

The baked goods sat in a box on the cement by the playground, unattended. The frosting sat un-licked, the wrappers unwrapped.

She and her friend looked around, searching for a possible pastry owner nearby. Runners circled around the track in the distance, but no one else was around. The cupcakes met a satisfying fate inside Xochitl’s belly. The next morning went decidedly downhill.

As she walked into school, the counselor told her to go home: she was suspended.

“The cupcakes belonged to this girl because it was her birthday,” Xochitl said, something she found out only once she was being punished. “They went straight to suspension, they didn’t even let me speak.”

Restorative practices would have sat her with the birthday girl to explain her mistake and apologize. Maybe she would’ve bought the girl new cupcakes. That wasn’t what happened.

Suspended, Xochitl spent the day at her grandparents’ house. Not every suspended student has a safe place to go. Some turn to the streets.

stats

In October a group of mostly black young students marched to the Board of Education to protest willful defiance suspensions. The group, 100 Percent College Prep Institute, formed in the ashes of violence.

“I drive a school bus for a living, and I had a boy on my bus who was not bad, but not good,” said 100 Percent College Prep Institute co-founder Jackie Cohen, speaking with the Guardian as she marched with her students. “When we got back from Christmas break, he wasn’t back on the bus. Turns out he decided to ‘live that life.’ Three days later, I found he was shot and killed.”

In some communities the jaws of crime and drugs are forever nipping at their children’s heels. A child inside school is safe. Suspensions throw the most vulnerable students into the wild.

“Preventing crime in San Francisco begins with keeping children in the classroom,” SFPD Chief Greg Suhr wrote in a letter to the SF Examiner last year. “Proactive policies, such as the ‘restorative practices’ implemented by the SFUSD, emphasize the importance of building positive relationships while holding kids accountable for their actions.”

Black students make up about 10 percent of SFUSD’s population, but they represented 46 percent of SFUSD’s total suspensions in 2012, according to SFUSD data. Latino students represented about 30 percent of suspensions.

The racial disparity of suspensions mirror the disparity of incarceration. A study by nonprofit group The Advancement Project found that in 2002, African American youths made up 16 percent of the juvenile population but were 43 percent of juvenile arrests.

Xochitl sees that with her own eyes every day.

“Some kids turn to the streets, you know. I’ve seen people younger than me go to jail,” Xochitl said. “I was on Instagram and saw a friend locked up. I knew that girl, she’s in my PE class.”

It’s one of our country’s many shameful open secrets. Nearly half of all adult men in the United States serving life sentences are African Americans, and one in six is Latino, according to data from the nonprofit group the Sentencing Project.

Fathers and sons, mothers and daughters, all trapped in a cycle of poverty to prisons that for some starts at school.

“As a school district, when that’s staring us in the face, we can’t not do something about it,” Haney said.

Sometimes it begins when students are still learning their ABC’s.

Bruises inside and out

Restorative Practices are implemented from kindergarten to high school.

“If [students] don’t have a sense of belonging… that’s going to prevent schools from addressing behavior,” Kerry Berkowitz, the district’s program administrator of Restorative Practices, told us. The seeds of mistrust are planted when students are young.

Desamuel could not yet spell the world “police” when he first met them.

He was five years old, and as kindergartners sometimes do, he threw a temper tantrum. In the school’s desperation to contain him, officials called the SFPD.

“The police only came one time,” Desamuel, now seven, told the Guardian. Sitting in his San Francisco home with his uncle Lionel, Desamuel sounded ashamed. “But I didn’t go to jail because they only put kids in jail for being bad, like kids taking guns to school.”

The memory angers Desamuel’s uncle, who feels restorative practices would have prevented the misunderstanding. His home is a testament to bridge building.

Lionel, his brothers and mother all pitch in to take care of Desamuel while the boy’s father makes what he calls “a transition.” The home is large by San Francisco standards. Drawings of Spiderman and Batman line the wall, equal in number only to the portraits of their family, most of whom live in the city. There’s a lot of care in Desamuel’s life. That hasn’t stopped his tantrums, though.

The family tried to get him therapy, psychological analysis, anything to help. But as any parent can tell you, sometimes a child just needs love.

Lionel struggled with the school’s administration, and asked them to try less punitive ways of handling his nephew. “I told them to just hug the boy. Their response was ‘it’s hard to hug someone swinging at you.'”

The last time Desamuel fought a student he was tackled to the ground by a school security guard. The now-second grader came home with a bruise on his face.

“When I was bad I hurted the children. I wasn’t supposed to get up, and couldn’t get up off the ground. He took me by the arms and legs,” Desamuel said.

The problem with outsize use of suspensions and punitive action, Berkowitz said, is that it breeds a fear of school that shouldn’t exist. Desamuel is no different.

“I got sent to the office and I had to go to the principal’s office and they talked about me being bad,” Desamuel said. “I think because I make too much trouble I have a lot of problems and they don’t want me to be there.”

Cat Reyes is a history teacher who is now a Restorative Practices coach at Mission High School. She said transformation in behavior is the whole point.

She told the Guardian about a student recorded a fight on film. The two fighting teenagers tried to let the incident go, but with the video online for all to see their pride came between them. If the school suspended the girl who recorded the fight there may never have been resolution. The wounds would fester.

But now the girl will join a restorative circle and explain her actions to those involved in the fight, and their parents. That’s far more daunting to kids than simply going home for a day, Reyes said. It doesn’t just stop at the talk though. “On one end she has to say sorry,” Reyes said. “But now she may go to the media center and create a [movie] about it on our closed circuit TV. The consequence fits the crime.”

As students talk out their differences enemies can become friends, she said. After all, the goal is to correct bad behavior and break destructive cycles. Yet less than half of the schools in SFUSD are employing Restorative Practices.

Slowly but surely

One of the biggest critiques of Restorative Practices is that it removes consequences. That’s the wrong way to look at it, Berkowitz said: “When people say consequences, they mean punishment. We want to work with students to find root causes.”

The numbers back her up: 2,700 SFUSD staff members have trained in Restorative Practices, according to data provided by the district. This consequently led to a strong reduction in suspensions, the district says, from more than 3,000 in 2009 to about 1,800 last year.

SFUSD recognized a good thing when it saw it, growing the Restorative Practices budget from $650,000 in 2009 to $900,000 in 2013.

But only about 25 schools started measurable implementation, Berkowitz said. She put it plainly, saying the program is in its infancy. “Are they ‘there’ yet?” she said. “No.”

“Our team is pretty maxed out,” she said. “To really bring this to scale and implement Restorative Practices, there’d need to be a lot of discussions around that.”

Asked how much she’d need to fully fund the program across all schools, she was evasive. Haney was more direct. When asked if his resolution tied funding to the mandate of implementing Restorative Practices district-wide, he admitted that a funding source hadn’t yet been identified.

“Mostly we hear there needs to be more: more support, more social workers, more people in schools to make this functional,” he said. “It’s a longer term challenge.”

That solution may emerge as the resolution goes through the approval process, but the program faces other problems besides funding.

Teachers have depended on suspensions as a tool for years. Money is one thing, but changing educators’ minds about discipline is another.

The “R” word

Martin Luther King Jr. fought for the integration of schools, but in a speech about Vietnam he said something that could apply to the SFUSD today.

“Life and history give eloquent testimony to the fact that conflicts are never resolved without trustful give and take on both sides,” the southern preacher said in one of his last speeches before his death.

There is one issue simmering under this entire debate, festering, unspoken. Why are black and Latino students suspended more than other groups? Is this system inherently racist?

It’s a tough question. Teachers are notoriously underpaid, overworked, under supported, and asked to enforce the newest policies at the drop of a hat. The teachers the Guardian spoke to all described a packed year filled with new methods to learn, all with a common purpose — a love of their profession and a love of their students.

“There’s a hesitancy to talk about race with this,” said Kevin Boggess, civic engagement leader for Coleman Advocates, the group leading the charge for the willful defiance ban.

Nevertheless the question of racism permeates the discussion. Xochitl felt persecuted as one of the few Latinas in a mostly Asian middle school.

In the case of Desamuel, the young black child who had the police called on him at age five, his uncle stressed the need for culturally aware teaching. Lionel said Desamuel was well-behaved when he had an authoritative, elderly black female teacher, but acted up in the hands of substitutes who weren’t black and whom he characterized as “young and new” to teaching. Then again, the principal who called the police to handle Desamuel was herself black.

Norm “Math” Mattox is a former James Lick Middle School math and science teacher, and he said from his perspective as an African American he’s seen the issues Haney’s resolution addresses clear as day.

“My sense is that teachers might be blowing the alarm a little bit too soon as far as their brown and black students are concerned, especially the boys. They don’t know how to manage them,” he said. In his experience, misbehaving children are sent out of the room too soon.

In the short term, suspensions are an expedient tool, but punishment without communication does long lasting damage. “The dynamic between teacher and student did not get resolved inside of the class,” he said.

One SFUSD school tackled the specter of racism head on. Mission High School is at the vanguard of what its principal calls “anti-racist teaching.”

Mission High has a higher African American student college placement rate than many SFUSD schools, a group that struggles to perform elsewhere. And as a designated “newcomer pathway” for new immigrants, the school has 40 percent English language learners.

Mission High’s principal, Eric Guthertz, is energized by the challenge. He revamped the way the school teaches to address race and ethnicity directly.

The geometry teachers use Bayview district planning data to illustrate mathematical lessons, and teachers look at grades by ethnicity and address disparities directly.

Guthertz credited Restorative Practices with lowering the school’s suspensions. SFUSD data shows Mission High’s steady suspension decline, with a 14 percent suspension rate in 2009, before the program started, and down to a 0.4 percent suspension rate by 2012.

missionprincipal

Mission High School Principal Eric Guthertz. Guardian photo by Brittany M. Powell

“We’ve deeply embraced Restorative Practices,” he said.

Next week San Francisco will see if the Board of Education will take the same leap Gutherz did. As he is quick to point out, shifting the culture at Mission High School took years.

The Guardian contacted members of the school board, but did not hear back from them before press time to see how they may vote.

Either way, it’s time for SFUSD to change its ways, Haney said. But no matter what side of the matter you fall on, he said, it’s important to remember one thing.

“Everyone involved in this conversation wants to do better by these students,” he said.

The San Francisco Board of Education will vote on the ban of willful defiance suspensions and full implementation of Restorative Practices at their Dec. 10 meeting.

Last stand at the Bulb

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news@sfbg.com

As the squatter residents of Albany Bulb make one final push against being evicted from their home in a former landfill, the city of Albany is pushing forward with its plan to change the untamed space into a waterfront state park (see “Battle of the bulb,” Sept. 24).

The first signs of the transition came on Nov. 22, when a temporary shelter was set up for residents whose camps would be cleared. The shelter came after a disappointing week in court left the 50 to 60 residents of the Bulb without the stay-away order their advocates had sought, which they intended to use to keep the city and police at bay during the winter.

On Nov. 18, the residents and their attorneys received word that the stay-away order was denied by U.S. District Judge Charles Breyer. After the decision and an Albany City Council meeting later that evening, campers and area activists set up a permanent settlement against the eviction after marching through the streets of Albany.

Barricades made of rocks were set up at the Bulb to resist police getting into the camps. However, the rain that followed for a few nights inhibited their efforts, according to activists involved in the action. And the police, using a backhoe, destroyed the rock barricades. The city of Albany, according to a press release, is calling the transition “ACT” which includes, “Assistance to homeless, including housing-centered outreach, transitional services, support, and shelter; Cleanup and maintenance of the Bulb; and Transfer of the Bulb to McLaughlin Eastshore State Park.” “As part of the City Council’s Strategic Planning Process conducted in 2012, the City Council identified key goals for the City,” Albany City Clerk Nicole Almaguer wrote in an email to the Guardian. “One of which is to ‘Maximize Park and Open Space’ including developing a plan to transition the Bulb into Eastshore State Park, and to improve accessibility for general public use of all of the Albany Bulb as a waterfront park.” Almaguer stated that part of the plan included a temporary shelter and support services, which started this summer and is headed by Berkeley Food and Housing Project. The BFHP also provides case management for the Albany campers interested in securing housing outside of the Bulb.

While the city has provided a housing subsidy program to help Bulb residents with rent, a portion of it will also need to be covered by the tenant. Many of the Bulb residents are only supported through government programs such as SSI, and cannot afford housing costs.

In addition, most residents, and their attorney Osha Neumann, who is also a longtime contributor to art at the Bulb, say that the city does not have any affordable housing in which the residents can transition into. Managed by Operation Dignity, a nonprofit designed to help homeless veterans, the transitional shelter is set up by Golden Gate Fields racetrack near the entryway into the Bulb.

“I was out… talking to people and was overwhelmed by the fragility and vulnerability of many of them, as well as their strengths,” Neumann said of the residents in an email to the Guardian. “The portables are awful. You look at the Bulb and all the life and beauty that’s out there, and then you look at those anonymous utilitarian boxes, and really you expect it all to be stuffed into those containers? 22 men in one, eight women in the other? It’s all really appalling.” According to the shelter’s posted rules, the doors for the shelter open at 5:30pm and close at 8:30am. Showers may be taken 8:30-9:30pm, and breakfast is served 7-8am. The sexes are separated, and pets must stay in kennels outside of the shelter. There are also no “in and out privileges” and if a person doesn’t return by 8pm they are not admitted into the shelter. No one stayed in the shelter the first three nights it was available, according to city reports. Amber Lynn Whitson, a Bulb resident, said that access to the shelter is difficult for people, and doesn’t address the need for people with disabilities to access a bed during the day. “At least two individuals were turned away at the door to the shelter, due to their names not being on ‘the list’, she said in an email. “Both were told that they could stay in the shelter, despite their names not currently being on ‘the list,’ but only after getting ‘a voucher’ from BFHP.” The transitional shelter came to the residents’ lives after Breyer rejected the campers’ request for an injunction to block the eviction with a temporary restraining order. A lawsuit also filed by the residents against the eviction remains open, according to Neumann.

Based on information obtained in court documents, $570,000 was allocated to remove the Bulb residents, based on a Albany City Council decision made on Oct. 21, with $171,000 spent on the cleanup of the campsites and the remainder spent on the two portable trailers with bunk beds to serve as transitional housing for six months. As of now, the shelter’s efficacy to get the campers off the Bulb, as well as the residents’ efforts to resist the transition, remains unclear.

 

BULB ART TO BE CLEARED

The Albany Bulb, a wild shoreline space near Golden Gate Fields and a former landfill for BART construction and other industries, is well known for its art. Now that a transitional shelter looms over the entrance as part of the city’s plan to remove the residents from the Bulb, campers, activists, and artists came together this past weekend for a festival of resistance against the eviction.

The rubble and sculpture filled space will soon be transformed into part of the Eastshore State Park system. The event drew around 60 people, according to resident Amber Whitson. She led an art walk on Nov. 29, giving the history of the art at the Bulb and explaining why it’s important to preserve it as a cultural resource.

“Some things should remain sacred, and Sniff paintings are out on the Albany Bulb,” she said, referencing works by a group of Oakland-based artists.

Other prominent Bulb artists, such as Osha Neumann and Jason DeAntonis, who built massive sculptures made of found wood and parts along the shoreline, were on hand to speak about their contributions and the personal significance the Bulb holds for them.

While residents have come and gone throughout the years, the art has remained a constant draw. Graffiti artists practice their craft, and sculptors work undisturbed, using debris that is scattered around. Even some of the campers’ shelters, makeshift shanties of concrete, wood and tarp, could be considered artistic.

Once the transition of the Bulb from untamed outcrop to a state park of well-kept trails is further along, the city plans to remove most of the art currently installed there.

The campers and activists organized the art walk as part of a three-day festival of trainings, workshops, and music, to enjoy the space, but also to educate residents and others about how the space could be kept in its current state. “I know that organizing is continuing, and again, the shape it takes will depend on how the city goes about the planned evictions,” said Neumann in an email to the Guardian.

For now though, the art stands, in between garbage, rubble, trees and shrubs, a constant reminder that artists and Bulb dwellers are still around.

This Week’s Picks: November 27 – December 3, 2013

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WEDNESDAY 11/27

 

Snoopy!!!

Charlie Brown and friends come to life in 42nd Street Moon’s holiday show, Snoopy!!!, based on the classic Peanuts comic strip by Charles M. Schulz. Sing along with “Chuck,” Peppermint Patty, Lucy, Linus, and Sally, Woodstock, and — primarily — Snoopy, the focus of this sequel to the evergreen You’re a Good Man, Charlie Brown. From the songwriters who brought you the Marx Brothers musical Minnie’s Boys come sweet little numbers like “Where Did That Little Dog Go?” (hint: check the roof of his dog house). (Kirstie Haruta)

Through Dec. 15, $25-$75

Previews tonight, 7pm and Fri/29, 2 and 8pm

Opens Sat/30, 6pm; runs Wed-Thu, 7pm; Fri, 8pm; Sat, 6pm (family/student matinee Dec 7, 1pm); Sun, 3pm

Eureka Theatre

215 Jackson, SF

www.42ndstmoon.org

 

 

4 All Tour with Nadastrom, Salva, and Sinden

Where’s that bag of Thanksgiving-related metaphors? Food? Let me try again. Still food? Every. Fucking. Year. Well, don’t get confused whether this show constitutes a three (one of the acts is a duo) or four-course meal. It’s a pre-holiday smorgasbord of &ldots; ugh, I can’t do this. Listen, you know these guys: SF’s Frite Nite labelhead Salva, UK cross-pollinating producer Sinden, and DC’s “progenitors of moombahton” Nadastrom, all who have seemingly begun collaborating after transplanting to the LA beat scene, releasing an “All Posse Cut” in preparation for this tour. Go eat it up with your ear holes. (Ryan Prendiville)

9pm-3am, $15

Public Works

161 Erie, SF

www.publicsf.com

THURSDAY 11/28

 

Life Time Turkey Day 5K

Yes, yes, you’ve long designated this day as “Slothfest 2013,” and are planning to stuff yourself with stuffing — and everything else on the table, for that matter. But take a moment (probably about 30 of them, if you’re an average jogger) to rev up your metabolism and help less-fortunate locals by participating in the Life Time Turkey Day 5K, a point-to-point fun run that starts in SOMA and winds down Embarcadero and up Howard, eventually ending at City Hall. Proceeds benefit the SF and Marin food banks, and participants are asked to bring nonperishable items to donate at the starting line. (Cheryl Eddy)

8am, $20-$49

Starts at Terry Francois at Third St (behind AT&T park), SF

www.turkeyday-5k.com

FRIDAY 11/29

 

The Velveteen Rabbit

I propose we rename Black Friday “Bunny Friday” in honor of ODC/Dance, which for the last 26 years, on the day after Thanksgiving, has welcomed audiences both young and not so young to The Velveteen Rabbit — the company’s delightful, non-sentimental show about love and affection, growing up, and growing old. The 90-minute piece still works because of its quality ingredients. KT Nelson’s smart and clean choreography is demanding but keeps a child’s perspective in mind. Benjamin Britten’s recorded score could have been composed for Velveteen, while Geoff Hoyle’s masterful narration, in fact, was. And if you ever loved Brian Wildsmith’s color-saturated children’s book illustrations, you’ll adore his designs for the stage. (Rita Felciano)

Fri/29-Sun/1 and Dec 8 and 15, 2pm; Dec 5-6 and 12-13, 11am; Dec 7 and 15, 1 and 4pm, $20-$75

Yerba Buena Center for the Arts

Lam Research Theater

700 Howard, SF

odcdance.org/velveteenrabbit

 

 

Sing-along Sound of Music

At age five I saw The Sound of Music (1965) for the first time, pressing pause during intermission to go to sleep and dream of Maria’s wedding, while Nazis searched for the Von Trapp family over my bowl of Cheerios the next morning. By age seven I had added the word “confidence” to my vocabulary list. That same year I learned all the words to the soundtrack — which my family owned on vinyl — yodeling in harmony with my sisters. In college I visited the Trapp Family Lodge in Stowe, Vt. Six months ago I went on a Sound of Music bicycle tour in Salzburg, Austria. Do I even have to add that this week you’ll find do-re-mi at the Castro Theatre, in costume, for the annual Sound of Music sing-along? (Kaylen Baker)

Nov 28-Dec 8, 7pm (also Sat-Sun, 1pm; no evening show Sun/1; no shows Mon/2-Tue/3 or Dec 6), $10-$15

Castro Theatre

429 Castro, SF

www.castrotheatre.com

 

 

Pretty Lights

Among an increasingly fragmented (and crowded) landscape of popular electronic music, the sound of Colorado’s Pretty Lights has stood out by being assuredly familiar, tied into the fabric of Southern hip-hop, R&B, and blues. So it would make some sense that among his peers Derek Vincent Smith would risk the potentially retrogressive move of bringing a live band into what has now become an arena-sized EDM light show. But for Smith — whose recent A Color Map of the Sun was pressed on vinyl — analog isn’t so much the future but the present. (Prendiville)

Tonight with Tycho, the Grouch and Eligh, Odesza

Sat/30 with Tipper, Ana Sia, Paul Basic

7pm, $45-$70

Bill Graham Civic Auditorium

99 Grove, SF

www.apeconcerts.com

SATURDAY 11/30

 

Red Fang

Portland, Ore., quartet Red Fang made its name on riff-heavy bangers, clever videos, and constant touring. On Whales and Leeches, the band’s second album for Relapse Records, the hard-charging fuzz is back, and there’s a video featuring “beer zombies” already in the works. Thanks to that hectic touring schedule, though, Red Fang had only two months to write the record, which resulted in a welcome embrace of some of its more idiosyncratic sonic tendencies, glimpsed only briefly in the past. This approach also extends to song titles — listen for hard-charging single “Blood Like Cream” when the band returns to SF, site of some of its earliest successes. (Ben Richardson)

With Shrine, Indian Handicrafts

8:30pm, $18

Slim’s

333 11th St, SF

www.slimspresents.com

 

 

Seth Troxler

For the last few years this clown prince of Detroit has reigned like a king. Well, at least concerning Resident Advisor’s annual poll, going from no. 3 to no. 2 to no. 1, consecutively. Depending on what you think of RA’s readership (and popularity contests), this could roughly translate to “Best DJ in the World.” Either way, in the same amount of time Troxler’s releases have reduced to a trickle, likely a result of co-managing a label (Visionquest), starting a restaurant, and, uh yeah, keeping up a busy touring schedule. So catch the charismatically irreverent DJ firsthand, or hold your comments until the next poll comes out. (Ryan Prendiville)

With Felix Dickinson, Galen, Solar, Anthony Mansfield, Rich Korach, Jason Kendig, Dax Lee, Josh Vincent

9pm, $18

Public Works

161 Erie, SF

www.publicsf.com

SUNDAY 12/1

 

Family Hanukkah Celebration

There’s one more thing to be grateful about this Thanksgiving: Hanukkah’s already begun! This year the Jewish Community Center of San Francisco is throwing a party, with wine and deliciously hot, oil-fried nosh catered by La Mediterranee. Get Bubbie bopping on the dance floor to live music performed by Octopretzel, the five-member kid-friendly genre-hopping Jewish group, and clap your hands to Isaac Zones on the guitar. All are welcome, even the goyim out there, and all are encouraged to bring your hanukkiyah lit with candles to add to the light of the grand menorah, as well as an old favorite book as a donation to JCCSF’s fundraiser for Project Homeless Connect. (Baker)

4pm, $20

Jewish Community Center of San Francisco

Fisher Family Hall

3200 California, SF

www.jccsf.org

MONDAY 12/2

 

Iconic Hair Movie Night presents Edward Scissorhands

That old shampoo can’t be doing much to flatten your do, especially in this humid weather. Why not play it up then, and roll on down to Morphic Salon for this month’s Iconic Hair Movie Night, where you can curl up for a showing of Tim Burton’s Edward Scissorhands (1990). Starring then-couple Johnny Depp and Winona Ryder, this dark and tender cinematic tale of star-crossed and finger-bladed romance in an unjustly square world might be just the thing to inspire dripping dreads, a bit of ginger fringe, or a frizzy beehive bonnet. The only damage done will be to your heart, which this film will pierce, through the deadly combination of compassion and extremely pointy scissors. (Kaylen Baker)

7pm, free (RSVP requested to info@morphicbeauty.com)

Morphic Salon

660 Market, Suite 210, SF

www.houseofmorphic.com

TUESDAY 12/3

 

Dodie Bellamy reads Cunt Norton

Patriarchal voices of classic literature getting you down? San Francisco author Dodie Bellamy felt the same way, so she did something about it. In the same vein as her book Cunt-Ups, Bellamy has taken the 1975 Norton Anthology of Poetry and “cunted” it in her own new collection of poetry, Cunt Norton, published by Les Figues. In 33 unabashedly erotic love poems, Bellamy reimagines the history of English poetry, transforming the words of Chaucer, Shakespeare, Emerson, and other celebrated writers into works that throb with fresh vitality. (Haruta)

7pm, free

City Lights Books

261 Columbus, SF

www.citylights.com

 

 

The News: Fresh Queer Performance

Head over to the SOMArts Cultural Center the first Tuesday of every month to celebrate new, experimental, and in-progress works culled from the considerable talent lurking among the Bay Area’s queer artists. This month, it’s a showcase of contemporary dance and movement art curated by performer Jesse Hewit: the inimitable Mica Sigourney; drag duo Bellows; “anti-dance” maker Abby Crain; Detour Dance duo Kat Cole and Eric Garcia; Kathleen Hermesdorf, director of La Alternativa/Alternative Conservatory; dancer and explorer of social issues Phoebe Osborne; SALTA members Mara Poliak and Maryanna Lachman; body/age/sex-positive dance troupe Sexitude; and community-building women’s dance group Viv. (Haruta) 7:30pm, $5 SOMArts Cultural Center 934 Brannan, SF www.somarts.org

Where I was on the day President Kennedy was shot

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By Bruce B. Brugmann

On Nov. 22, 1963, I was a reporter for the Milwaukee Journal, a famous MIlwaukee daily newspaper always rated among the top ten U.S. newspapers.

I was packing with my wife Jean and two kids, Katrina and Dan, to go to San Francisco with the idea of starting a newspaper, which three years later became the San Francico Bay Guardian.  But I was still on duty in the Journal newsroom on the  Friday morning of the assassination. 

Early in the morning I got a call from the publicist of the Moscow Circus, which was finishing up its highly successful run in town. I had covered the circus as part of my show business beat and had rated it highly as the splendid show it was. The publicist, a good guy and competent at his job, wanted me and the Journal’s music critic, Walter Monfried, to go with him to lunch at a nearby German restaurant called Mader’s.

“I will buy the lunch,” he said, ‘”and you won’t have to write a thing.  You will be doing me a big favor.  I have lots of money left over on my expense account and I need to get it spent.  I want to spend it on the two of you.” And he repeated the point  for emphasis, “You will be doing me a big favor.”

And so Walter and I, after our noon deadlines on the afternoon paper, headed out for Mader’s,  planning for a big meal and lots of drinks.

We had a couple of drinks and ordered some German specialties of the house and settled in for a long lunch. Word of Kennedy’s death came to Milwaukee at 12:49 p.m. on Nov. 22, but Walter and I got the news by special messenger. Suddenly, Gus Mader, the proprietor, broke the lunch decorum by running around the room carrying a little sign.  “Kennedy’s been shot, Kennedy’s been shot,” he said in an excited voice.”Kennedy’s been shot.” Ane he kept running around the restaurant with the message.

I looked at Walter and said, “Walter, you know Gus. Can he be believed?”   Walter replied, “Yes, he can.  Kennedy’s been shot.”

We quickly finished our meals and did what newspeople do in the news business when disaster and a big story breaks.  We immediately went  back to the Journal newsroom.

It was pandemonium but functional pandemonium. The staff had only minutes to make the final deadline on the afternoon edition. Someone called downstairs to the press room,  nobody knows who, to yell “stop the presses” All the wires were pumping out copy relentessly,  AP, UPI, sports, regional wires, all of them. Our ace reporters had already been dispatched to the scenes, Bob Wells to Dallas and Harry Pease to Washington. Editors were conferring with reporters. Reporters were on the phones or typing furiously on their typewriters. Ruth Wilson was handling the mountains of material streaming in from the wires. The city desk was organzing local coverage and reaction followups and coverage from our Washington bureau. Things were tense and the air crackled but I was amazed at how efficiently and professionally the paper moved along.

The assassination was of particular moment for the Journal and its talented staff. They liked Kennedy and his politics and had a special personal and political affection for him. J. Donald Ferguson, the Journal editor sitting on the Pulitzer Prize board  in 1957, was responsible for the choice of Kenendy’s book, “Profiles in Courage,” to be given a Pulitzer for the best biography.  “The book had not been considered by the other judges until Ferguson won them over, telling the board he had read it aloud to a 12-year-old relative, “‘and the boy was absolutely fascinated,'” according to a Journal history.

Kennedy had visited the Journal newsroom during the crucial 1960 Wisconsin primary and was friendly with many of its reporters and editors and his administration hired some Journal staffers, including Ed Bayley, former star political reporter  and later founding Dean of the UC-Berkeley Graduate School of Journalism  The  Journal warmly endorsed him during the primary and general elections. Kennedy was a welcome change after the Journal’s famous battles during the 1950s with its native son Joe McCarthy and the national scourge of  McCarthyism.

The story made the final edition and then there were other extras, with huge “EXTRA ! EXTRA !” at the top of the front page. When the first of l00,000 copies of an extra rolled off the presses with more details, the Journal lobby was jammed with people waiting to buy papers.

The  Journal rose to the occasion magnificently, put out a special edition on deadline, and produced some of the nation’s best coverage of the assassination and funeral of any paper in the country.  We were all sad about Kennedy but very proud of our newspaper. . b3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

House party

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arts@sfbg.com

MUSIC It was decided — my BFF-roommate and I would host a rock ‘n’ roll show, and like many of our favorite activities (feasting, boozing, twirling), we became set on throwing said party from the comfort of our own home. Denying our fears of venue hunting, financial commitments, and general hassle, we focused on the power rewarded to the classic hostess with the mostest; the ability to control all elements of a dirty bash and adjust them to our liking.

What bands will play? Ones we like, who also like each other. What kind of liquor will be present? Whiskey, no exceptions. What kind of snacks might we serve? None, people should bring us burritos (or in my case, homemade kimchi and quinoa — a foul smelling food for a social event that did wonders for curbing my potential hangover). Not only was this party to be at our house, but this little rock shindig would blast from our backyard on a (hopefully sunny) Sunday afternoon. Day drinking to shredding guitars? The neighbors were going to love it.

We nailed down a date and who would play, rounding out the bill with some hip DJ acquaintances. A buddy drafted a flier and the process of inviting humans began. The presence of close friends was expected and offers for help were not denied. Then we cast the net, awkwardly approaching yoga teachers, favorite baristas, local celebrities, and secret crushes. The boyfriend promised to roll deep with eligible males of various sexualities and I may have plotted some (later to be discovered unsuccessful) matchmaking. We urged bands to cart along their musician homies and peed at the thought of John Dwyer or Wymond Miles walking up our stoop in the halo of afternoon light.

Of course we had no legitimate way of predicting who would actually show up. Expect everyone who confirms to flake and everyone who rejects to bring a pack of wingmen. We crossed our fingers and braided our hair, then calmed our nerves by remembering that even if all bailed, the bands were confirmed. A show in our yard is still a show in our yard. Guaranteed win. Oh yes, and we had a fuck-ton of beer — free of charge. We miraculously managed to get the party “sponsored,” which allowed us to collect donations for the dudes on stage. Major bonus.

While party planning seemed to be sailing, our biggest concern loomed: the noise complaint. A similar party we hosted in June garnered 22 calls to the SFPD — thankfully our only injury was a slap on the wrist and some sneers. In anticipation of upset, I baked a batch of chocolate chip cookies from mom’s recipe and skipped up the stairs of the neighboring stoop, treats in tow.

With the oldies next door sugared up, I called the SFPD for the lawful scoop and learned that cop arrival is completely tattletale-based. Officers can only issue a citation if the party pooper signs a citizen’s arrest. This is why you ALWAYS INVITE THE NEIGHBORS. If the uniforms still rap on your door: answer it, shoot the shit, and promise to cool it, ASAP. Our biggest takeaway: short sets. By the time the doorbell rings, they’ll be singing the encore. “It’s their last song, officer. I promise,” perfectly compliments a drunk wink.

So, after weeks of planning and a morning full of chaotic setup, we were crazy high on anticipation. I forgot to shower. I drank everyone’s coffee. I zoomed down the block for incense — “to set the mood,” I shouted. And then all we could do was wait for the madness to begin.

Heads banged. Hair was tangled. Happiness was found at the bottom of countless empty cases. People climbed the fire escape for a better view of the bands, while my exes pleasantly mingled in the garden below. The cops dropped by, as anticipated, but left without trouble. My dream of getting a mug shot will have to wait.

The freedom of a privately hosted show put everyone in a tender mood and it felt overwhelmingly blissful to support local music in independent fashion. The party was a complete success, depending on how you measure extreme happiness and unfathomable coolness. And OK, we were hammered. Everything is a delightful blur and I ended up wrestling in the gravel. You can do what you want at your own house — people can’t say shit. All the more reason why we’re already planning the next round. See you there.

 

Albany Bulb squatters lose in court and turn to direct action to resist evictions

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Yesterday marked a big day for Albany Bulb residents. The Bulb, a closed landfill turned homeless encampment, has been under the threat of eviction by the Albany City Council for the last month. 

After an afternoon in a San Francisco courtroom, Judge Charles Breyer of the US District Court for the Northern District of California denied a stay away order filed by the residents’ attorneys seeking to prevent an imminent eviction by the City of Albany. Later that day, after an Alban City Council meeting, residents and activists marched to the Bulb and set up a permanent occupation in protest of the impending eviction.

The stay away order was filed last week in order to prevent eviction during the winter. Osha Neumann, one of the residents’ attorneys and a longtime artist whose work is represented at the Bulb, said that it was unusually cruel to make the residents, some with severe disabilities and mental health issues, move off the Bulb without any homeless shelters or temporary housing available in Albany.

“They haven’t said what is the urgency or need to do it in the middle of winter,” Neumann said of the city, “It’s nonsense.”

Albany Housing Advocates was also a plaintiff, along with 10 of the Bulb residents in the lawsuit.  Julie Winklestein, the president of the AHA was in the court audience, said she hoped that the stay away order would be given: “We decided for a temporary restraining order to keep the conversation going.”

And while that conversation was put to a halt, another has started.

According to a press release issued by area activists and Bulb residents sent early this morning, “activists say they will be participating in trainings, hosting workshops, and planning more actions targeting the City of Albany, as well as the Sierra Club and Citizens for East Shore Parks, recreationalist organizations that are sponsoring the eviction.”

Based on information obtained in court documents, $570,000 was allocated to remove the Bulb residents, based on an Albany City Council decision made on October 21, with $171,000 spent on the cleanup of the campsites and the remainder spent on two portable trailers with bunk beds to serve as transitional housing for six months.

 Many of the campers, such as six-year resident Amber Lynn Whitson, believe that the transitional housing isn’t responsive enough for disabled people, as they believe it would not be open during the day.

“It’s ridiculous that they say they don’t know of any specific disabilities,” said Whitson about the city’s attempt provide transitional housing.

“If I’m not back there, I’m on the streets,” Kris Sullivan, an 18-month Bulb resident said about the encampment. “We’re safe back there.” 

Driving us crazy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tale of two parties: Voters reject 8 Washington project

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From the Election Night victory party for opponents of the 8 Washington waterfront luxury condo project, the overwhelming defeat of developer-backed Propositions B and C seemed to go beyond just this project. It sounded and felt like a blow against Mayor Ed Lee’s economic policies, the gentrification of the city, and the dominion that developers and power brokers have at City Hall.

“What started as a referendum on height limits on the waterfront has become a referendum on the mayor and City Hall,” former Board of Supervisors President Aaron Peskin told the large and buoyant crowd, a message repeated again and again at the Nov. 5 gathering.

Former Mayor Art Agnos also cast the victory over 8 Washington as the people standing up against narrow economic and political interests that want to dictate what gets built on public land on the waterfront, driven by larger concerns about who controls San Francisco and who gets to live here.

“This is not the end, this is the beginning and it feels like a movement,” Agnos told the crowd. “We’ll have to tell the mayor that his legacy,” a term Lee has used to describe the Warriors Arena he wants to build on Piers 30-32,” is not going to be on our waterfront.”

Campaign Manager Jon Golinger also described the victory in terms of a political awakening and turning point: “We are San Francisco and you just heard us roar!”

Campaign consultant Jim Stearns told the Guardian that he thought the measures would be defeated, but everyone was surprised by the wide margin — the initiative B lost by 25 percentage points, the referendum C was 33 points down — which he attributed to the “perfect storm” of opposition.

Stearns cited three factors that triggered the overwhelming defeat: recent populist outrage over the city’s affordability crisis, concerns about waterfront height crossing ideological lines, and “a tone deaf City Hall that didn’t want to hear there were any problems with the project.”

Among the key project opponents who have sometimes stood in opposition to the city’s progressives was former City Attorney Louise Renne, who blasted City Hall and called the Planning Department “utterly disgraceful,” telling the crowd, “Get your rest, more to come, San Francisco.”

Both progressive and political moderates often share a distrust of the close connections between powerful developers and the Mayor’s Office, and that seemed to play out in this campaign and at the polls.

“San Francisco, this victory is for you,” Renne said. “And to all those developers out there: Do not mess with our waterfront. We’re not going to stand for it.”

Meanwhile, it was a very different scene over at the Yes on B and C party.

Developer Simon Snellgrove, whose 8 Washington project was soundly rejected despite his spending almost $2 million on the campaign, was in no mood to comment. “I’m having a little private party tonight,” he told us, “and I don’t want to talk to the press.”

Rose Pak, a consultant for the San Francisco Chinese Chamber of Commerce who is well-known for her ties to powerful interests in the city, had a small circle of guests around her throughout the night and spent some time catching up with Snellgrove. Asked to comment, Pak said, “I don’t know the Bay Guardian,” and stopped making eye contact. At previous events, Pak has lectured Guardian reporters about what she sees as the paper’s shortcomings.

“I think this project got caught up in a lot of other things,” Jim Lazarus, the vice president for public policy at the San Francisco Chamber of Commerce, told us. “There was a lot of I think mistaken concern about the impact.”

He criticized the focus on building heights and the idea that it was about something more than just a waterfront development project. But this was the outcome, he said, because “an unholy alliance of people got together to oppose the project.”

Perhaps “unholy alliance” is in the eyes of the beholder, but the voters of San Francisco seemed to prefer the alliance that opposed 8 Washington and all that it has come to represent in San Francisco. 

 

Undocumented and unafraid

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rebecca@sfbg.com

Business as usual means buses depart from the Immigration and Customs Enforcement building in downtown San Francisco every weekday, ferrying deportees from throughout the region to federal detention centers or the airport. Even in San Francisco, a Sanctuary City where local law enforcement agencies have limited cooperation with ICE authorities, life can be filled with uncertainty for those who lack legal citizenship status.

In recent years, many immigrant activists have taken the step of publicly revealing themselves to be “undocumented,” to sound a call for immigration reform and to push back against the fearful existence that the looming threat of deportation can create.

But the young people who are profiled here have taken things a step further, going so far as to risk arrest by protesting deportations and pushing for immigration reform, all while identifying themselves loud and clear as undocumented.

In the same vein as protesters who marched for civil rights, gay rights, free speech, or in anti-war movements before them, the undocumented youth are putting themselves on the line. Their mantra, chanted at top volume, is “undocumented and unafraid,” highlighting the ever-present possibility that they could face stiff penalties for their actions.

Nationwide, an estimated 11 million undocumented immigrants remain in limbo as a push for federal immigration reform, which would create a pathway to citizenship for people in the country illegally, remains stalled in Congress. While community-led campaigns have yielded legislation that creates safeguards against deportation for young people who arrived with their parents as children, bureaucratic nightmares and forced deportations continue unabated.

Nearly everyone we interviewed for this article mentioned their grandparents while sharing their personal stories with the Guardian. While the politics and policy surrounding immigration reform are tremendously complex, the impact the current system has on people’s lives often boils down to problems like not being able to take a flight to visit an ailing grandparent because it would be impossible to return.

“It’s intense,” says Nicole Salgado, an American citizen who lives with her foreign-born husband in Mexico. “Because you know, it’s essentially an issue of trespassing, and so it seems to me like it’s a really harsh penalty for a civil infraction. No harm was done to a person, and that’s the case for the vast majority of people who are in this situation.”

ALEX ALDANA

Alex Aldana is nervous.

He’s stopped making eye contact, which is strange, because Aldana doesn’t normally break eye contact, and isn’t the nervous type. Since 2012, he’s been arrested seven times.

All seven arrests stemmed from acts of civil disobedience, each carried out to protest the same issue: immigration laws that he views as unjust, because they lead to forced deportation.

Aldana, 26, is an undocumented immigrant. He entered the US legally from Guadalajara, Mexico, in February 2003 on a work visa, but when the time on his visa ran out, he was left undocumented. It coincided with the departure of his father, a man Aldanda says deceived his family.

Like many other undocumented immigrants, he has been trying to give a largely misunderstood population a face. Unlike many others, he’s doing so in a way that carries a great deal of risk.

He’s part of the growing contingent of undocumented immigrants who are, as they say, “undocumented and unafraid.” And when they say it, they shout it.

Aldana participated in a sit-in inside Gov. Jerry Brown’s office. He’s faced the Ku Klux Klan at pro-immigration reform rallies in San Bernardino. He’s been a key link in a human roadblock created to halt a deportation bus in San Francisco. He’s been detained by ICE and local police departments. He normally comes across as fearless, but not on this day.

“This is probably the last crazy thing I’ll do,” Aldana says. “I have thought about it, I have planned it.”

Sometime in late November, he and an intrepid band of humanitarian crusaders plan on taking their fight to the southern US border for the first action of its kind.

The details — which they’re keeping intentionally vague — involve a group of activists crossing the San Diego-Tijuana border legally (many are still Mexican citizens, after all), before ferrying previously deported people back over the border into the United States.

Their hope is to create a spectacle to raise awareness, and even mentioning the planned action makes Aldana squirm a bit. He’s hesitant to disclose specific information; the wrong statement could end his journey before it begins, he explains.

And the timing isn’t perfect for community support, he adds. The last act of civil disobedience he engaged in — a human blockade that halted an ICE bus (see “On the line,” Oct. 23) — didn’t garner universal backing within the immigrant activist community.

“[Some] people are really backlashing the immigrant youth movement right now,” says Aldana. “They consider us harmful.”

But on the flip side, Aldana considers that community’s apathy toward deportation harmful. He doesn’t think that any approved immigration reform should even include deportation as an option.

“In the immigrant community, if you mention ‘immigration reform’ — not ‘conscious,’ not ‘comprehensive,’ just ‘immigration reform’ — then you hear, ‘Yeah, I support it,'” he says. “But what kind of immigration reform are we supporting? Are we supporting militarization? Are we supporting massive deportation? Because word by word, that’s what it says right now.”

The immigration reform package now being pushed by President Obama includes beefed up border security, a crackdown on the hiring of undocumented immigrants, and streamlined deportation procedures, along with a path to citizenship.

Aldana’s confidence in his activism belies a background drenched in fear.

“I never learned how to drive because of that fear [of being deported]. I never traveled because of that fear,” he says. “One of the reasons I never went to college was because ICE was in every bus stop, at least where I come from. When you lose fear, you do incredible things. I’ve been to like 30 states now.”

He started on the activism trail when he was still in high school in Coachella, advocating for women’s rights after watching his mother suffer through domestic abuse, but he didn’t start advocating for immigration reform until years later.

“I was very open about my sexuality and my gender identity very early on,” says Aldana, who identifies as queer. Yet he felt more self-conscious about sharing his immigration status. “Ten years after that, even when I was working for a nonprofit [in Southern California], I was really afraid saying I was undocumented, because my family depended on that job.”

More recently, Aldana has struck a balance between activism and bread winning, a lifestyle that will be put to the test in the coming month. He says he isn’t planning on coming back to the US for a little while after the protest at the border, but not for legal reasons. He just wants to have peace of mind for a moment, to be treated like any other American.

“My grandmother is dying, and I’m not gonna wait for any policy to deny what I couldn’t do with my mom’s mom,” says Aldana. “I think that when what makes us human is that vulnerability, that we really need to have those rights.”

He adds, “I really dislike when people say, ‘I’m gonna visit so-and-so because they’re really sick and they’re on the other side of the world.’ To me it’s like, why can’t I do that?” (Reed Nelson)

 

MAY LIANG

May Liang, a 23-year-old campaign organizer who accompanied her parents to the United States from China as a child, remembers the moment she realized there were other undocumented Asian families in her midst.

She was at a conference on issues surrounding the Asian Pacific Islander community at the University of California Berkeley campus, where she was a student. “Outside of each workshop, there’s this poster. This one said ‘undocumented Asian students.'” It struck a chord as she realized she wasn’t the only one.

It was one of the first meetings of ASPIRE (Asian Students Promoting Immigrant Rights through Education), a small but growing organization where Liang is now the first paid staff member. Her first undertaking was to plan out last month’s ICE bus blockade.

Now, she’s in the middle of preparing for a Thanksgiving Day vigil to be staged with others outside the West County Detention Center in Richmond, where undocumented immigrants are held in federal custody. Many in her community won’t get the chance to enjoy Thanksgiving dinner with loved ones, she says, “because their families have been ripped apart by deportation.”

Liang wasn’t always an activist. She didn’t become aware of the barriers her immigration status presented until she became a teenager and started pursuing part-time jobs and a driver’s license, only to discover she lacked a Social Security number.

Not having an ID posed problems, but she’s quick to note that she had it easier than some of her fellow activists. “I walk around, and nobody suspects me because I’m Asian. In the media we see a lot of Latino people,” she explains. Nevertheless, “It was just like hiding a secret. I was trying to pass as something I knew that I wasn’t.”

One day, just as she was gearing up to go to college, her father called a family meeting. Their immigration status had been “pending” ever since they’d arrived on tourist visas and applied for green cards. But he’d just been notified that their applications had been denied.

“As soon as you get denied, you can’t be here,” Liang notes. “And so we were also ordered deported.”

They decided to fight it out in court, and the case dragged on until after she’d entered college.

“My family’s first court date was on the same day as a midterm,” she recalls. “It was really early in the morning, at the immigration court on Montgomery. I was in the waiting room, reading and studying. And then right afterward, I got on the BART and took my anatomy midterm. It felt really surreal.”

In the end, they were able to avert deportation, yet remained undocumented. As a full-time activist, Liang is thinking big. “For me, it’s like we need to change the system of immigration. One of the most important things we need is sort of a cultural shift as to how we treat people.”

Her first priority is to call for an end to deportations as long as federal immigration reform remains pending in Congress.

Liang is big on being inclusive. Laws such as the California DREAM Act, which aids undocumented students, and the federal Deferred Action for Childhood Arrivals can help youth like herself. Yet she doesn’t understand that piecemeal approach.

“Why is there a distinction being made, just because we’re younger?” she says. “These narratives were given to us. We did not create them. And it becomes divisive, because it really puts our parents under the bus.”

She’s also critical of the notion that immigration laws should treat people differently based on their nations of origin. “We like to say immigration is a Latino issue,” she says. “But it is also an Asian issue. It’s an American issue, because we are immigrants of America.”

Along those lines, Liang regards the work that she and other undocumented youth are engaged in as being a kind of patriotism, for a country that hasn’t yet accepted them as citizens.

“We actually love this country,” she says, “because it does have this sort of mentality of fighting for your rights, social justice, freedom of speech, and that stuff. In all that has happened in the history of this country, there are so many examples of things having been changed because of the people.” (Rebecca Bowe)

 

DAVID LEMUS

On July 21, 2008, David Lemus arrived in the United States at the age of 16.

He’d spent the previous two days marooned in the pick-your-poison expanse of desert spanning the southern border of the US.

All told, his El Salvador-to-California journey lasted a month, and he did the final two-day leg of the passage solo, carrying nothing more than a water bottle, tortillas, and beans.

He had no identification, he said, and no other personal items; nothing that could tie him to an existence he was supposed to be leaving behind. The goal was to be invisible, both to Border Patrol and any computers storing records.

He made the trip with his father and two younger brothers, but he’d last seen them in Mexico; the coyote guiding them across the border had informed Lemus and his family that they stood a better chance of making it if they split up. Lemus got in one car, next to a Honduran teenager who was roughly the same age, and his father and brothers got into another one.

He didn’t see his father and brothers again until October 2008. They were detained at the US-Mexico border and were deported back to El Salvador; their second trip took over four months, but they finally made it.

Lemus, his father, and his brothers were trying to reunite with his mother and sister, who had successfully completed the journey earlier that year. But as things went, Lemus was ferried across the border, let out in the desert, and traveled across a desert known for its potentially fatal landscape, all without his family.

It was a remarkable journey — hot, rugged, impossibly arid — made even more remarkable by the fact that Lemus, along with the rest of his family, is among the millions to complete it. Yes, millions.

But now, as a UC Berkeley student and member of the East Bay Immigrant Youth Coalition, Lemus is a key player in the “undocumented and unafraid” wave of activism that is under way in California, and he’s a long way from donning the invisible mask he felt he had to wear while crossing the desert.

“Undocumented and unafraid is probably the only thing owned by the undocumented community, where we can say, ‘This is our thing,'” Lemus said.

Lemus and his peers have been making waves in California since 2011, when an anti-ICE action in San Bernardino made national headlines. He was arrested alongside six other students in the demonstration, which he refers to as “coming out of the shadows.”

It was his first action of civil disobedience, and the rush of activism overwhelmed him. The second time he was arrested for civil disobedience was this past summer, while protesting President Obama and the slow pace of immigration reform.

“The first time was scary, because we didn’t know what was going to happen,” Lemus said. “But I also feel that that is the moment when you really wake up, because you see it for the first time.”

Lemus is a born agitator, someone who can’t sit idly by while an injustice is being committed. His face, almost eternally placid, contorts when he mentions things like the public perception of undocumented immigrants.

“People say that we are not only the shit stirrers, but that we created the shit,” said Lemus. “And that’s not fair. The way I see it is that most immigrants are here because of a lot of actions the US has taken in Latin America; military interventions in Nicaragua, Guatemala, El Salvador, Columbia, Venezuela. You know we don’t even have a currency in El Salvador anymore? We have dollars.”

Lemus doesn’t consider himself a DREAMer, a word used to describe students brought here as children who would receive protection from deportation under the federal DREAM Act, were it signed into law. He was born in El Salvador and remembers it well, in stark contrast to the DREAMers — and doesn’t know if he would even want to become a US citizen should the opportunity present itself, since he says he’s witnessed too much injustice at the institutional level.

What he won’t stop fighting for is what he calls, “not civil rights, but human rights. It would be unfair for us to want civil rights right now, because we need to get human rights first.”

For Lemus, that distinction is about valuing our basic humanity more than our citizenship.

“I don’t think a lot of people realize the amount of risk it takes to come here,” he said. “We leave everything behind in the process, and a lot of times we don’t get it back. We just want a better life.” (RN)

 

 

SITI “PUTRI” RAHMAPUTRI

Siti Rahmaputri, who goes by Putri, was 19 when she risked arrest by joining a handful of classmates in disrupting a meeting of the University of California Board of Regents.

A petite, soft-spoken UC Berkeley student, she hardly comes across as an agitator. Yet she joined the July protest to voice anger about the selection of Janet Napolitano, former secretary of the Department of Homeland Security, as head of the UC system. For undocumented students like Rahmaputri, Napolitano is synonymous with deportations due to her former post as head of the agency that oversees ICE.

When they got word of Napolitano’s appointment, Rahmaputri and fellow activist Ju Hong joined with some students from UC Irvine and UC San Diego to call attention to the secretary’s role in deportations.

“We started chanting, ‘undocumented unafraid,’ ‘education not deportation,’ ‘no to Napolitano.’ Unfortunately, two of my friends got hurt — they were tackled down by the UC police. And at the end, the four of us stood there and really linked arms. We were screaming and screaming,” she recalls. In a matter of minutes, “everyone left except for us, the media, and the UC police. The UC Regents were just outside the door.”

She was charged with two misdemeanors, placed in handcuffs for several hours, and then released. But the whole time, Rahmaputri said she felt encouraged by supporters from ASPIRE and others.

“I heard people chanting from the outside: Let them go. Let them go. I didn’t want to seem scared, I wanted to seem confident, like here I am, getting arrested, so what?” she says. “I’m just standing for the things that I feel is right.”

Originally from Indonesia, Rahmaputri attended middle school and high school in San Francisco after coming to the United States with her parents at age 11. Not long ago, she and her parents narrowly averted deportation.

“They never really told me exactly that I was undocumented, but they gave me hints,” she says of her upbringing.

A couple years ago, not long after she’d enrolled in Diablo Valley College, her parents were notified — six months late, due to an incorrect address — that their green card applications had been denied.

“I lost a lot of hope. I didn’t really know what to do,” she remembers. “I talked to my counselor and asked, ‘should I keep going in school or should I start working instead to save money to go back to Indonesia?'”

In the end, they were able to defer deportation through letters of support and legal assistance from the Asian Law Caucus, but their immigration status continues to hang in the balance, and the possibility of eventual deportation still looms.

In early October, Napolitano agreed to sit down with Rahmaputri and nine other UC students to discuss policies affecting undocumented university students. The activists urged her to shore up sanctuary protections, by providing campus resources and incorporating better sensitivity training for UC police.

But it was a little awkward, Rahmaputri thought, because Napolitano’s office had made it a lunch meeting.

“She was just there eating her lunch, listening to our stories and our struggles and why we think she should not be here. And here she is, enjoying her meal. It was a weird conversation. She said okay, ‘I will look at it thoroughly. Give me time to look at it.’ So, she’s basically not giving us any answers.”

She and others plan to keep the pressure on by staging rallies whenever Napolitano makes public appearances, and they were planning an action for the Nov. 8 inauguration of the new Berkeley chancellor, Nicholas Dirks.

When her family was fighting deportation, Rahmaputri caught a glimpse of detainees in the ICE facility in downtown San Francisco when she was there to be fingerprinted. She was impacted by the sight of them being led around in shackles.

“It was time for me to reflect, that I have this privilege to be free, to be out here where I can speak my mind, and I am able to go to school and get educated,” she says of that experience. “At the same time, I want to represent others who cannot.” (RB)

 

Agitating in exile

An American citizen who was born and raised in the United States, Nicole Salgado holds a master’s degree, is a published author, and previously held jobs in the Bay Area as a high school science teacher and urban gardener. While she might seem like an unlikely person to be directly impacted by immigration laws, she’s essentially been living in exile in Queretaro, Mexico, for the past seven years.

She’s there because Margo, Salgado’s husband and the father of their daughter, is prevented from returning to the US from Mexico due to immigration laws.

“It really boils down to some pretty strict technicalities,” Salgado explained in a Skype interview. “There’s really not any way around it. My husband has a permanent bar that lasts 10 years, and we’re in year seven of that. And if there was no reform in the next three years, we would not be able to apply — just apply — for his return until 2016.”

They met in 2001, when she was 23.

“I worked for the San Francisco League of Urban Gardeners. I was working on a project down the peninsula, in La Honda, and I met Margo through friends. We got really close really fast, and got engaged within a few months,” she said.

Salgado knew he was undocumented, “but I didn’t know what it entailed.” Simply getting married, it turned out, wasn’t going to put them in the clear.

As long as they remained in the US, Margo’s status was a source of anxiety. He didn’t have a driver’s license, but nevertheless had to drive in order to work.

“I was always really petrified when he would be working more than half an hour away from the house,” Salgado said. “Because I always knew that if there was just one little bit of racial profiling, or something wrong with the taillight or something, then he could get pulled over.”

They closely monitored the progress of proposed laws that could offer protection for undocumented immigrants, and went to immigration rallies. But in the end, they opted for joining his family in Mexico, because they did not want to live in fear.

Salgado co-authored a book with Nathaniel Hoffman, Amor and Exile: True Stories of Love Across America’s Borders, which explores the role that American citizens who are married to undocumented immigrants might play in the larger immigration reform efforts in Congress.

She’s also been organizing online. “We got together and we formed a sort of loosely organized forum of women, like myself who were in exile, or were separated from their spouses in the US,” she said. “We called ourselves Action for Family Unity.”

She acknowledges that adults who knowingly crossed the border illegally might have a harder time winning over the public at large than youth who were brought to the US as children. Yet she still believes the laws that have placed her in this situation are in need of reform.

“My basic premise is, you know, the US is a nation of immigrants, and we depend on immigrants every year as part of our economy and part of our society,” Salgado says. “And as an American citizen, I believe that it’s my right to be able to determine where I want to live, regardless of who my choice of spouse is.” (RB)

BART’s safety culture slammed at Assembly hearing

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BART was slammed by legislators and its workers today for refusing to make a key worker safety improvement demanded by state regulators since a 2008 fatality, instead choosing to aggressively defend the “simple approval” process that contributed to two more fatalities on Oct. 19, after which the district finally made the change.

The Assembly Committee on Labor and Employment had already planned today’s San Francisco hearing into why BART spent years appealing rulings by the California Occupational Safety and Health Administrations before the recent tragedy, but that incident sharpened criticism of the district for valuing efficiency over safety.

“The culture of safety at BART must change,” said BART train operator Jesse Hunt, who gave dramatic testimony about the callous culture at BART that led to the Oct. 19 tragedy. “It’s not a single incident, it’s a pattern of disregard for safety.”

The hearing also delved into why BART had an uncertified trainee at the helm of the train that killed Christopher Sheppard and Laurence Daniels on Oct. 19, despite warnings by its unions that district preparations to run limited service during the strike would be unsafe.

“Simple approval” made employees doing work on the tracks responsible to avoid being hit by trains moving silently at up to 80mph. When BART exhausted its administrative appeals of Cal-OSHA’s rulings in June, it filed a lawsuit in Alameda County Superior Court and continued to defend the practice, which its unions had long sought to end. 

“BART challenged that citation and continues to do so to this day,” Chair Roger Hernandez (D-West Covina) said in his opening remarks, noting that it took two recent fatalities for BART to drop its stance. “I’m deeply troubled this decision wasn’t made much earlier.”

For BART, the hearing only went downhill from there as state regulators testified to the district’s litigious refusal to adopt important safety precautions, employees painted a picture of a district hostile to them and their safety concerns, and legislators chastised BART managers for not having reasonable answers to their questions.

In response, BART Assistant General Manager of Operations Paul Oversier denied the district undervalues safety and said that it defended the simple approval process because it had been used tens of thousand of times and, “We had a track record in mind of a procedure that was working well.”

Asked whether he continues to defend it after the Oct. 19 incident, Oversier said, “Irrespective of what our opinion might be, we suspended the simple approval process,” a decision that he said could disrupt service, increase costs, and “that may cause us to look at what our hours of operation are.”

That suggestion drew murmurs of outrage from the union members that packed the hearing, including those who had just testified about how the district refuses to work collaboratively with its workers, who even had to learn of the district’s decision to end simple approval from evening news reports rather than directly.

“Shifting the burden from people in the field to the control center is not a long term solution,” testified Sal Cruz, a BART train controller of 15 years who was on the contract bargaining team. “Time and time again, we’re never really involved in these decision-making processes.”

Christine Baker, director of the Department of Industrial Relations, and Juliann Sum, acting director of its Division of Occupational Safety and Health (better known as Cal-OSHA), testified as to their agency’s long, trying history of getting BART to comply with its rulings, with Baker calling the resistance to reform “clearly an issue of grave concern.”

Legislators probed why that might be the case, asking whether abating the problems might be seen as an admission of liability to either the agency and a victim and whether it was the norm for those cited. Baker said no to both questions: “It is not an admission of guilt if they abate…Many employers abate as soon as there is a citation.”

So why is it standard practice at BART to avoid correcting the 40 violations it received from Cal-OSHA in the last 12 years?

“In most cases, the district has acted in good faith to try to abate the citations,” Oversier testified, but he said that BART often disagreed with Cal-OSHA’s findings and that “the investigation doesn’t really start until you appeal.” He said BART has paid just 22 percent of what it has intially been fined by OSHA, casting that as smart stewardship of ratepayer money and saying, “It’s the appeal process that brings closure to the process.”

Meanwhile, Baker, Sum, and Cal-OSHA attorney Amy Martin said they are currently investigating the Oct. 19 incident for both civil violations and penalties and the possibility of criminal prosecution of BART officials if “they intentionally took the action that led to the fatality,” Martin said.

The hearing was called by Assemblymember Phil Ting, D-SF, who said in his opening remarks, “I was very concerned to read many of the OSHA findings, that it found BART was in violation of California state law,” which prohibits employers from making workers responsible for their own safety in dangerous situations. 

Later, Ting questioned BART Chief Safety Officer Jeff Lau — whose testimony came almost entirely from prepared statements he read, in a way that didn’t inspire much confidence in the material — about how many of OSHA’s safety violations it had taken steps to correct versus how many it continues to resist. Lau said that he couldn’t answer the question, even though Ting noted that he first called this hearing back in June and Lau should have been prepared to answer that central question.

“I’m extraordinarily disappointed in your response,” Ting told Lau, demanding that he prepare a detailed written response to the questions and submit it to the committee, which plans to revisit the issue once more details emerge from the NTSA investigation of the Oct. 19 incident.

Most of the panel criticized BART’s foot dragging and called for reforms.

“This latest accident, a terrible tragedy, could have been avoided,” said Assemblymember Bob Wieckowski (D-Fremont), decrying Gov. Jerry Brown’s recent veto of Assembly Bill 1165 by Assemblymember Nancy Skinner (D-Oakland), which would have expedited Cal-OSHA appeals and perhaps required BART to fix the problems pending its appeal.

Assemblymember Tom Ammiano (S-SF) recounted his own history of difficult dealings with intransigent BART officials, from trying to improve station safety when he was a supervisor starting in the mid-‘90s to his work as a legislator trying to provide some oversight of the BART Police after the Oscar Grant shooting.

“I feel like it still has a long way to go. Transparency and accountability will be very important around this issue,” Ammiano said.

Later, Ammiano asked Cruz whether the ill-fated Oct. 19 train should have been traveling slower than 60-70mph, and Cruz responded, “With knowledge of people being wayside [a term that means on the tracks], you would think that.”

The most scathing and dramatic testimony came from the nine workers called to testify at the hearing, three from each of BART’s three unions, all of which had made safety reforms a big part of their recent contract negotiations, with varying degrees of success.

“We are dealing with a culture at BART that doesn’t take workers seriously or the safety of workers seriously,” began AFSCME District Council 57 Executive Director George Popyack. “Our objective today is to make BART a better and safer place to work.”

Several workers said the district’s main imperatives are to cut costs and keep the trains on time, which causes safety compromises on an almost daily basis. “We’re so pushed to keep that schedule sometimes we push on the edge,” said train controller Ken Perez. 

While BART officials refused to discuss details of the Oct. 19 incident, as per a gag order from the NTSB, union members that testified said it’s clear that the district’s disregard for safety and its desire to break the strike are what led to the tragedy.

“BART was planning to run a limited service with people not trained to run those trains and that was connected to this accident,” ATU Local 1555 President Antonette Bryant testified.

“The train that hit the workers was a manager being trained to run the train in the event of an extended strike,” Poyyack said, noting how irresponsible it was to be running a train at what the NTSB said was 60-70mph on the one line where there were workers on the track. He and others said there was no good reason for the district to do so, calling it an example of the district’s flagrant disregard for safety.

“The culture of BART is a significant contributor to the incident,” said BART train operator Jesse Hunt. “The culture is one of gambling with worker and rider safety.”

Hunt said BART’s safety culture directly caused the Oct. 19 tragedy: “There was no reason for a trainee train to be operated or for employees to be on the ground.”

John Arantes, president of the BART Professional Chapter of SEIU Local 1021, said the district took an extremely aggressive posture in labor negotiations — “a scorched earth strategy encouraged by directors like Zachary Mallet,” the newest elected member and one critical of unions in the press — forcing the strike and the unnecessary Oct. 19 tragedy.

And he posed a question that remains unanswered, despite the hearing and the Guardian’s attempts to get an answer: “Who authorized the training exercise and to what extent were the BART directors involved?”

Media let BART slide

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BART continues to stonewall important questions about whether it was training scab drivers to break the recent strike by its unions when its trainee-driven train killed two workers on Oct. 19 — a stance made possible by the failure of the mainstream media to connect the dots or correct the anti-union bias that characterized its coverage of this long labor impasse.

Local journalists have failed to highlight the connection between that tragedy and the subsequent decision by the district to suddenly soften its stance and sweeten its offer, within hours of the National Transportation Safety Board revealing that a trainee was driving and that BART’s “maintenance run” story was a deception.

Local media outlets did dutifully report that a trainee was driving, but they failed to point out to readers and viewers the significance of that disclosure or ask the district whether the training was intended to break the strike and whether that plan fed the district’s hardline bargaining stance.

We have asked those questions of the district, and when we got misleading obfuscations, we asked again and again, and our questions are still being largely ignored. And here’s why they matter: Because if the district was planning to run trains during the strike, it reinforces the unions’ contention that the district forced a strike that it was preparing to break, a plan that became untenable when two people died, just as the unions warned might happen if the district ran trains without experienced drivers.

BART spokesperson Alicia Trost did finally confirm to us that, “BART has been training some non-union employees to operate limited passenger train service in the event of an extended strike if so authorized by the Board of Directors,” but she and BART Board President Tom Radulovich have each ignored our follow-up questions and requests to discuss this is greater detail.

This should be a huge scandal, the kind of thing that might force General Manager Grace Crunican to resign and BART directors to lose their seats — except for the fact that the media are ignoring this simple, obvious narrative and failing to do their job.

The East Bay Express, a rare exception on the local media landscape, published an excellent article on Oct. 30 about how the San Francisco Chronicle and Bay Area News Group (which includes the Oakland Tribune, Contra Costa Times, and San Jose Mercury News) misled the public about the BART standoff.

Not only have these daily newspapers written some truly atrociously anti-worker editorials, but even the supposedly objective news stories have been clearly biased in their emphasis and omissions, including the current failure to demand accountability.

But this could backfire considering the truth will probably come out eventually, even if it’s long after the media spotlight has moved on. NTSB investigations can take up to a year, but they are remarkably thorough and it will probably eventually discuss why these drivers were being trained.

The Assembly Committee on Labor and Employment announced on Oct. 29 that it will also hold a hearing to “get to the bottom” of the tragedy, and one can only hope that someone on that committee will grill the district about its intentions in running that ill-fated train and conducting new driver training just one day into the latest strike.

Making it fit

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joe@sfbg.com

San Francisco’s overheating housing market has polarized the city. While progressive activists push to protect rent-controlled apartments and encourage construction of new below-market-rate housing, moderates, Realtors, and developers say any new housing helps keep prices in check, calling on the city to build 5,000 units per year.

But there is a hidden side to the housing issue in San Francisco, one that offers both complex challenges and enormous potential as a source of housing for low-income city residents, and it’s getting a fresh look with desperate eyes.

Secondary units — also known as granny flats or in-law housing — dot the city by the thousands, and are for the most part illegal. They’re tucked behind garages, in basements, or in backyards, most of them single serving sized and largely ignored.

Such units are legal under California law, and the reasons they’re quasi-legal in San Francisco are complex. It mostly boils down to the fact that often these units aren’t up to Building or Planning codes, but there have also been decisions to deliberately limit density in some neighborhoods, sometimes driven by concerns about more competition for street parking spaces.

Tenants in such units can be reluctant to report housing code violations for fear of losing cheap apartments in this rapidly gentrifying city, even if that means living in substandard housing. And the owners of those units often can’t afford to bring them up to code or pay the fines. It remains an underground industry with few watchdogs.

Caught between conflicting realities of housing shortages, poverty, and safety, the city has largely turned a blind eye to in-law units, adopting what housing advocates call a “don’t ask, don’t tell” policy around inspecting in-law units. Now that may change.

Board of Supervisors President David Chiu and Sup. Scott Wiener have plans in the works that could spur development of secondary units in the city. San Francisco has been there and done that though, and the bodies of failed past granny flat campaigns litter the political wasteland.

“In-law legalization has been for a lot of housing advocates the holy grail, but for a lot of politicians, it’s been a third rail,” said Tom Radulovich, executive director of Livable City, a nonprofit group that advocates for a more walkable, livable San Francisco.

Despite the many failed jump starts over the years, Radulovich sees hope in the prospects of legalizing more secondary units because “it’s a good, cheap, and green way to add housing.”

 

BUILD SMALL

So what’s different now? First off, unlike past efforts, the politicians involved are taking some small but significant steps.

Wiener’s plan could directly spur the creation of new secondary units, but it’s limited to only the Castro District. It basically lifts caps on the number of units that can be built in a single residence, waiving some density and other Planning Code requirements.

Wiener views his plan as a pilot program. “I decided to try a more limited geographic area to show that it can work,” he told us, saying that the past failed campaigns tried to force the issue citywide.

The Castro is a prime candidate for more affordable housing. The neighborhood has many tenants who are single, Wiener said. And as gentrification slammed the Castro, the vulnerable were hurt as well. Jeremy Mykaels, a 17-year Castro tenant living with AIDS, recently fought back an Ellis Act eviction that would have cost him his home.

“I am not looking for pity,” Mykaels wrote on his website, addressing his eviction. “I just want to shed a light on a growing problem in this city for many senior and disabled tenants like myself.”

Wiener’s office declined to say how many secondary units could be built. But as he introduced the legislation to the Board of Supervisors on Oct. 22, he said that many longtime residents in the Castro, in terms of housing, “are living on the edge.”

Castro residents like Mykaels have lived under rent control for years, and once folks like him are pushed out, they often can’t afford to stay in the city.

Fair market rent in the Castro for a two-bedroom apartment is $3,295 a month, according to the Department of Public Health. According to its rental affordability map, a tenant would need 6.2 full-time minimum wage jobs to afford to live there.

“It’s a neighborhood in desperate need of additional housing options,” Wiener said.

Enter in-law units, which are often more affordable. Though there have been no citywide studies of their affordability, a study this year by the Asian Law Caucus, “Our Hidden Communities,” said the average cost of those units in the Excelsior neighborhood is between $1,000–$1,249 a month, way below average rents.

Wiener’s legislation was turned over to the Land Use and Economic Development Committee, where it will be evaluated for impacts to the neighborhood. The supervisors will hear it again in 30 days.

 

GO BIG

One housing advocate thinks Wiener is thinking too small and needs to expand his vision.

“I think Wiener’s proposal is creating a patchwork of regulation, but this will create a mess, which the board is accomplished at doing,” Saul Bloom, head of Arc Ecology, told the Guardian. He thinks a citywide proposal to legalize in-law units is the only way go to — because the city is in a housing crisis right now, he said, and we don’t have time for just a pilot.

One big advantage is the units are far cheaper to construct than traditional houses or condominiums. Bloom notes the Lennar Urban will be spending about $400,000 for each of the thousands of homes it will build at Hunters Point Shipyard and surrounding areas, but that small secondary units can be built in existing neighborhoods for $75,000 to $200,000 each.

“We’re not expanding units in affordable housing through existing strategies,” Bloom said, and he’s right.

San Francisco has mostly built about 1,500 new housing units a year, which is much less than needed to keep up with demand, according to San Francisco Planning and Urban Research Association (SPUR) and the Housing Action Coalition.

To keep up with the frantic demand, San Francisco would need to build 5,000 new units a year, the groups argue. If the city could keep up with demand for housing, the price of housing itself could go down — meaning lower rents for everyone.

“If we want to actually make the city affordable for most people — a place where a young person or an immigrant can move to pursue their dreams, a place a parent can raise kids and not have to spend every minute at work — we have to fix the supply problem,” SPUR Executive Director Gabriel Metcalf wrote in a recent article for The Atlantic (“The San Francisco Exodus,” Oct. 14).

Yet progressive housing activists have long said that the city can’t build its way to affordability, arguing that demand for market rate units is essentially insatiable, and that what the city needs to do is build housing specifically for low-income residents.

Bloom put out a study from Arc Ecology, suggesting that if just 5 percent of the city’s 100,000 single family homes converted their excess space into in-law units, an additional 5,000 affordable rentals would spread across town.

Wiener’s proposal looks at making new units in just a slice of the city, but another proposal will look at the issue citywide. Chiu’s legislation seeks to take that sea of hidden and unlawful granny flats and bring them up to code, but it wouldn’t look to build new ones.

“The big picture is that we’re exploring legalizing existing [in-law] units that are illegal, to make sure they become safe and protect residents there,” said Amy Chan, an aide in Chiu’s office.

 

UP TO CODE

Safety isn’t the only consideration, as this could also help the housing supply in the city, those involved told the Guardian. Often these in-law units are rented out to friends and family, and once up to code they’d open up to the market.

But safety is important because these units also often lack city permits because they’re dangerously constructed. Sometimes that can lead to death.

“A lot of time (the units) may not have proper egress for an emergency,” said Dan Lowrey, deputy director of inspection services at the Department of Building Inspection. “We just had a fire last month where three people died because of that.”

Lowrey is part of Chiu’s workgroup that’s navigating the complexities of his new legislation. Just how do you make these units legal? There’s a number of challenges, he said.

When looking at a unit, housing inspectors have a checklist to look through, and some of it is real garden variety stuff. Smoke detectors? Check. Proper floor covering? Check. Those are easy. The real challenge is when there are ceilings that are too low, hallways not wide enough to navigate in an emergency, or the unit has no windows from which to escape in a fire.

That’s when you have an in-law apartment that requires total reconstruction to be brought up to code, a straight up illegal unit. As the law stands now, the only recourse for the city in that case is to evict the people living there.

“That’s the challenge, what do we do with the [in-law apartments] that can’t be legalized?” said Bill Strawn, a spokesperson for DBI. Those are some of the questions that Chiu’s workgroup is tackling now.

The good news, he said, is that there are a good number of units that are up to the Building Code, but not the Planning Code — that’s a much easier hurdle to clear.

The Planning Code basically separates neighborhoods of the city into zones for one, two, or three families in a housing unit. This looks at the amount of available free space, sunlight, air, and parking. With those lifted, many units could be more easily converted to living use.

But finding the units that aren’t up to code is important, said Omar Calimbas, a senior staff attorney at the Asian Law Caucus.

He led the “Our Hidden Communities” study that revealed 33 percent of homes in the Excelsior district contained in-law units, far above the city’s estimates.

His team went door to door and found out for itself. What Calimbas saw was that those living in unregulated units often lived in substandard conditions with nowhere to go for help.

There are some units with no heating, he said. Other times the in-law unit is in a basement barely renovated for use as a living space. Sometimes the bathrooms and shower are really tiny cubes. There are mold and dampness problems.

“You’re living in a space that doesn’t make you feel protected from the elements,” he said. And when the units are made without permits, tenants feel they can’t go to the city for help.

To put it in a nutshell, they are in dire need of regulation. Calimbas is also working with Chiu on his legislation to do just that. But ultimately, each of the two ordinances around secondary units takes small bites out of the housing pie.

Bloom is calling for the city to move aggressively on this issue. “We’re rapidly becoming a more expensive city to live in, more and more so every year.” As more and more San Franciscans are priced out of their homes, time may soon run out.

The next election

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EDITORIAL This week’s dismal election in San Francisco is a symptom of deeper problems in our political system, both here and across the country. It isn’t voter apathy that caused what is expected to be record low turnout at the polls. It was an understandable loss of faith in an electoral system dominated by money and insider political games. And that’s what we need to address before the next election.

Three of the four officeholders on the Nov. 5 had no opposition, while Dist. 4 Sup. Katy Tang had only token opposition from someone new to town with no relevant experience. Why would these important, coveted, well-paying jobs have no applicants? Because the cost of admission is just too high, and it looks to many observers like the fix is in.

Tang and Assessor-Recorder Carmen Chu were each appointed to their posts by Mayor Ed Lee, and it is because of that connection that they were able to raise nearly $200,000 each, the most in this field of experienced office-holders. They also unfairly benefited from the power of incumbency, which can be formidable (as Lee knows, given that he was appointed mayor on the condition that he wouldn’t run for office, breaking that pledge and spending millions of dollars to win the 2011 mayor’s race).

We need a better system, one that the power brokers who put Lee into office can’t game as easily as they do. Maybe we should hold special elections for each vacancy, with shorter campaigns requiring less fundraising and thus opening up the field. Alternatively, we could make all appointees temporary caretakers and prohibit them from immediately running for a full term.

We should also limit how much developers can spend on political campaigns pushing their projects. The $2 million that Pacific Waterfront Partners just spent selling the 8 Washington luxury condo project to voters — particularly the deceptions and limits on reviews by the Planning Department in Prop. B — was obscene and unfair. But it was a smart investment on seeking profits of more than 50 times that figure.

In the post-Citizens United world, where money equals speech, there are legal barriers to doing what needs to be done. But we need to be creative and aggressive at pushing for political reform, from public financing, spending caps, and greater disclosure on campaigns to reforming the City Charter to end our strong mayor form of government, from his appointments to commissions and elective offices to the unchecked power that he has to control the spending of public money.

If we want to woo voters back to the polls, we need to give them something to vote for, and a package of political reforms would be a good place to start.

UPDATE: This editorial was corrected to fix a misspelling of Katy Tang’s last name.