Public Health

Gore … and bores: more Another Hole in the Head reviews

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More bloodthirsty coverage of the San Francisco IndieFest’s horror-fest offshoot, Another Hole in the Head, in this week’s Guardian.

Grotesque (Koji Shiraishi, Japan, 2009) When did gorno stop being sick and start becoming sad? In Koji Shiraishi’s Gurotesuku, or Grotesque – banned in the UK – a chainsaw is brought to chests, arms, legs, and fingers when really it should be brought down on this celluloid garbage. Shiraishi presents a film that is sloppy, badly written, badly acted, and is above all things, deeply unentertaining. The plot is as thin and drawn-out as one of the protagonist’s intestines: While on a date, two dumbfucks get picked up by a craaaaaazy doctor (at least I think he’s a doctor – and I think he’s lost his board certification) who proceeds to do sick but unoriginal things to them (sawing off a girl’s fingers and stringing them on a necklace for her BF? C’MON!). There are some brief moments of respite, albeit painfully acted and ridiculous respite, but the torture tries not to let up its chokehold on the audience. Unfortunately, it just ends up being a chokehold on our time. Fri/16, 5 p.m. and Sun/18, 7 p.m., Roxie.

Ticked-Off Trannies With Knives (Israel Luna, USA, 2010) Trannies should get ticked-off more often. In a mock-exploitation fest like this one – which has the candid crudeness of a John Waters film – the tranny is the ultimate hero because she embodies the street smarts and agility of a woman, and the muscles and thirst for vengeance of a man. After an aggressive brush-up with some nasty bros (and what’s worse than a weapon-wielding homophobe?) the titular trannies in Ticked-Off set out to put the ol’ Hammurabi’s Code to the test – and with results both hilarious and flat-out gross. The cheeseball aesthetics and maudlin acting are surprisingly funny and self-conscious rather than self-effacing – yet in dealing with something like a hate crime, how else can you approach the material? July 22, 5 p.m., Roxie and July 23, 9 p.m., Viz.

Doctor S Battles the Sex Crazed Reefer Zombies (Bryan Ortiz, USA, 2008) Apparently, Reefer Madness (1936) and the public health warnings like it were right: weed does turn you into a monster. But in this underachieving student film, the message arrives a little too late. Doctor S has a promising start: some hilarious faux-film reel ads, and many a nod to cult horror films. In stark black-and-white, it’s as if Candace Hilligoss were running from stoners in Carnival of Souls (1962). But once the PhD of the title teams up with a cheerleader, saved from her post-puff zombified boyfriend at Make Out Hill, the film quickly devolves into amateurism. The thrills are cheap – too cheap – and the laughs are forced. Not to mention the title is way cooler than the movie itself. July 23, 7 p.m and July 26, 9 p.m., Viz.

ANOTHER HOLE IN THE HEAD FILM FESTIVAL
July 8–29, $11
Roxie, 3117 16th St, SF
Viz Cinema, New People, 1746 Post, SF
www.sfindie.com

Sparks reveals her conservativism in exchange with Walker

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During the District 6 supervisorial candidate debate that San Francisco Young Democrats held last week, a two-question exchange between two of the leading candidates – progressive Debra Walker and downtown-backed Theresa Sparks – offered a revealing look at their starkly different worldviews and priorities, which is more important in this race than people’s machine politics conspiracy theories.

During the second portion of the event, candidates were allowed to ask a question of another candidate, and Walker and Sparks focused on one another with pointed questions (this occurred at around the 30-minute mark, although the video doesn’t seem to allow users to forward to that point, forcing you to endure the often insipid commentary).

Walker went first, asking Sparks why, during her more than four-year tenure on the Police Commission – a body in charge of disciplining police officers accused of serious misconduct after citizen complaints are investigated and found valid by the Office of Citizen Complaints, with each case assigned to a particular commissioner – Sparks didn’t hold any hearings or act to punish any officers.

Sparks said the accusation wasn’t true, and that she did hold one hearing during that time, and then said that the Police Commission is prohibited by the city charter from intervening in the internal workings of the Police Department, implying that the body isn’t actually in charge of disciplining officers. Walker said Sparks was wrong and tried to ask a follow-up question and was cut off by moderator Melissa Griffin.

So this week, I called both candidates to try to get to the bottom of the dispute. “She indicated it’s not the commission’s job to focus on these things, and that’s absolutely not the case,” Walker said. “She was incorrect saying it wasn’t the job of commissioners to do this.”

And when I talked to Sparks, she didn’t dispute that fact, but conveyed how complicated the process was when officers are accused of serious misconduct (minor misconduct just goes to the chief), with lawyers seeking stipulated settlements and whatnot, and repeatedly emphasizing “it’s a bad system.” One reason it’s so bad is her own lack of qualifications: “You can’t have people like me, whose only legal background is watching Law and Order, trying to handle these cases.”

Sparks was appointed by Mayor Gavin Newsom, who is backing her supervisorial bid, which is also expected to have strong support from the San Francisco Police Officers Association. She wouldn’t say how many cases she was assigned during her tenure, but OCC records show more than 300 cases assigned to the commission during her tenure and the long backlog left in her wake has been the subject of criticism by everyone from Police Chief George Gascon to new Police Commission Jim Hammer.

Rather than supporting this civilian oversight of problem officers, Sparks wants to turn those duties over to Gascon’s office, telling us, “We need to give this chief more authority to fire officers rather than going through this ridiculous process.”

At the debate, after seeming stung by a question she jokingly called a “softball,” Sparks fired back by asking Walker whether she supported the proposed tax measures now being considered by the Board of Supervisors to help close the city’s large budget deficit, framing the question by saying they would hurt small business.

Walker answered by voicing her support for small business, but noting how essential city services such as public health programs were being deeply cut and that the city needed new revenue to deal with its structural budget deficit, although she said that she had yet to decide which of the tax measures she supported considering none have been approved for the ballot yet.

This week, Moody’s Investor Services lowered the citys’ credit rating precisely because Newsom’s budgets have not addressed that structural budget deficit, and even the Controller’s Office has ordered more than a $100 million placed on reserve because of doubts about the mayor’s revenue assumptions.

So for Sparks to characterize the need for new revenue as an unfair attack on small business indicates a short-sighted, right-wing approach to municipal finances, an approach Walker rejects, telling us, “I think we need to be responsible and do the right thing in dealing with the city’s needs…It’s going to cost us and the people who come after us more and more because of these cuts.”

When I spoke with Sparks, noting the Moody’s report, she seemed to back away from how she was trying the characterize the revenue measures at the debate. “I do think the city needs new revenue, but I don’t think that taxing small business is the way to go,” she said, referring to a proposal by Sup. David Chiu to tax commercial rents, which would be paid by the landlords.

So I asked Sparks whether she supported any of the proposals or if she was advocating any other revenues measures, and she said, “Quite honestly, I need to think about that because I do think we need more revenue.”

Which is pretty much the same answer Walker gave in a far more honest and direct way in that debate, without trying to pander to the fears of small businesspeople. The bottom line is that the downtown corporations who are backing Sparks have done nothing to help the city during this prolonged recession, while demanding even greater police responses to deal with poor people sitting on sidewalks and other perceived problems, and that hypocrisy should be front and center in this election.

Stories highlight Newsom’s hypocrisy

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A pair of interesting stories in today’s Chronicle paint Mayor Gavin Newsom as a self-serving hypocrite, highlighting how his cuts-only budget proposals ignore the city’s long-term needs and have led Moody’s to lower the city’s credit rating, and how his green rhetoric is belied by his oil industry investments, including in the company responsible for the ongoing oil leak in the Gulf.

The Guardian has long noted how fiscally irresponsible Newsom’s budgets have been, with our latest editorial calling for Newsom to finally offer support for some of the revenue measures now being explored by the Board of Supervisors, which will need strong support from everyone in City Hall to have a chance of winning voter approval.

The Controller’s Office and now Moody’s have confirmed that Newsom’s reckless and gimmicky budget leaves a long-term budget hole even as it does short-term damage to the city’s social safety net and public health programs. But instead of acknowledging that reality, Newsom flak Tony Winnicker is still offering snide, Republican-style put-downs of the supervisors who are actually working hard to improve the city’s fiscal health while Newsom is out running for state office, afraid he will be criticized for supporting the tax revenue this city desperately needs.

As for Newsom’s oil industry investments, well, they speak for themselves. His whole political career, and even the restaurant and bar career before that, was built on a foundation of oil money heaped upon him by the Gettys. And even after he found there was political gold to be mined from green rhetoric, he has continued to financially support and profit from the oil industry.

Many Guardian readers have long said that we should just give up on Newsom, calling him a shameless and self-serving politician of the very worst sort. Maybe they’re right. But if Newsom wants to earn our support in his race for lieutenant governor – whose most important responsibilities are his key votes in deciding whether to support new offshore oil drilling in California and whether to continue pushing myopic cuts-only budgets for the public university systems – then now is the time for him to show some political courage by disinvesting from the oil industry and supporting a responsible city budget that includes new revenue measures for which he should actively campaign this fall.

Fiscal solidarity

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OPINION As Mayor Gavin Newsom prepares to skip town for the bleak limelight of Sacramento, he has left a resounding parting shot with massive budget cuts to those San Franciscans most in need of public aid: seniors, youth, homeless people, folks with mental illnesses, health clinic patients … the list goes on.

Newsom has balanced his final budget (and his campaign for lieutenant governor) largely on the backs of the poor, working-class, multiracial, and immigrant San Franciscans, as well as the nonprofits and city workers who deliver vital services.

The Newsom budget actually adds costs: by cutting services for the treatment and prevention of substance abuse and for youth crime prevention and supportive housing, for instance, it destabilizes lives and forces people right back into the treatment systems that are being cut — adding new human and fiscal costs.

"Every cut has a constituency," Newsom’s PR people say repeatedly. And that’s precisely what the mayor is counting on — that each "constituency" will fight on its own, for its own fiscal scraps. He’s wrong.

As members of a broad coalition of community and neighborhood-based organizations, labor unions, and civic leaders and residents across the city, we stand together in opposition to Newsom’s cuts-only budget and his attempts to divide "constituencies."

Fiscal solidarity means we recognize that an injury to one is an injury to all. "Constituencies" are in fact people whose lives cut across multiple budget line items. Cutting city parks is also a senior issue, as well as a youth issue. Closing mental health programs for the poor is not only an unnecessary moral outrage — it’s a public health and safety issue.

As members and supporters of unions and nonprofits, which are sometimes pit against each other in budget cut wars, we declare mutual support. The mayor’s cuts will mean drastically reduced services for those who need them most and deep staff cuts for city employees and nonprofit workers. We may work for different institutions under different budget line-items, but we’re fighting together as one community — one big "constituency."

Budget wars artificially divide communities that overlap and intermingle. Expressions of unity are put to the test by the budget "add-back" process that forces community groups to scuffle for scraps of cash — groups serving populations in critical need are set against each other, and whole communities are reduced to line-items.

We’re standing against fiscal wedge politics and demanding a real alternative. The budget must protect those most in need and be balanced by cutting first from the top instead of the bottom.

We are united for solutions — progressive tax measures on key wealth sectors that can and must pay their fair share to keep San Francisco the beautiful, thriving, diverse, and culturally rich city it is. We’re standing up for the city Newsom’s leaving, for the communities he’s cutting, and for progressive revenue — a tax to make downtown hotels pay their fair share, and a gross receipts tax on large businesses for starters.

Mayor Newsom: if you cut one of us, you cut us all.

This statement was signed by Christopher Cook, Budget Justice Coalition; Gabriel Haaland, SEIU 1021*; Gordon Mar, Jobs with Justice*; Eric Quezada, Dolores Street Community Services*; N’Tanya Lee, Coleman Advocates for Children and Youth*; Jennifer Friedenbach, Coalition on Homelessness; Guiliana Milanese, Jobs with Justice*; Christina Olague, Senior Action Network*; Sheila Tully, California Faculty Association, SF State*; Chelsea Boilard, Coleman Advocates for Children and Youth*; Joseph Smooke, Bernal Heights Neighborhood Center*; Carl Finamore, delegate, SF Labor Council*

* names for ID purposes only

Complicating the simple

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steve@sfbg.com

GREEN CITY San Francisco can legally give more street space to bicycles, even if it delays cars or Muni in some spots, a policy that enjoys universal support among elected officials here. So why have all the city’s proposed bike projects been held up by an unprecedented four-year court injunction, despite the judge’s clear affirmation of the city’s right to approve its current Bicycle Plan as written?

The answer involves a mind-numbing journey into the complex strictures of the California Environmental Quality Act and its related case law, which was the subject of a three-hour hearing before Superior Court Judge Peter Busch on June 22 that delved deeply into transportation engineering minutiae but did little to indicate when the city might be able to finally stripe the 45 bike lanes that have been studied, approved, funded, and are ready to go.

Anti-bike activist Rob Anderson and attorney Mary Miles have been on a long and lonely — but so far, quite successful — legal crusade to kill any proposed bike projects that remove parking spaces or cause traffic delays. They have argued that the city shouldn’t be allowed to hurt the majority of road users to help the minority who ride bikes, urging the city and court to remove those projects from the Bike Plan.

But Busch repeatedly said the court can’t do that. “That’s the policy question that’s not for the court to decide,” he told Miles in court, later adding: “I don’t get to decide that the Board of Supervisors’ policy is misguided.”

Yet city officials have offered detailed arguments that the policy of facilitating safe bicycling isn’t misguided, but instead is consistent with the transit-first policy in the city charter and with the goals of reducing greenhouse gas emissions, improving public health, and even alleviating overall traffic congestion by giving more people good alternatives to driving a car.

Busch hasn’t indicated that he has any issues with that rationale. Instead, the question is whether policymakers had enough information — in the proper manner spelled out by two generations’ worth of legal battles over land use decisions in California — to make their unanimous decisions to approve the Bike Plan in 2005 and again in 2009, after completing a court-ordered, four-volume, two-year, $2 million environmental impact report.

Miles argues that the EIR is legally inadequate in every way possible, employing such gross hyperbole in condemning it as a hollow document that does nothing to explain or justify any of its conclusions that Busch told her at one point, “That’s such an over-argument, it leaves me wondering about the rest of your argument.”

But he’s certainly considering the rest of her argument that more analysis was required, going into great detail on the questions of whether the city studied and spelled out enough alternatives and mitigation measures, how much of the voluminous traffic survey data should be in the plan, whether there was enough support for the thresholds of significant impacts, and what the remedy should be if he finds some minor errors in the methodology.

Yet even Busch said there wasn’t a clear regulatory road map for the city to follow on this project. “There probably has never been an EIR for a project like this,” he acknowledged. It was the city’s decision in 2004 to do a Bike Plan that mentioned specific projects without studying them that led to the injunction and this extraordinarily complex EIR, which did detailed analysis on more than 60 projects.

“Once you get that complexity, the toeholds are everywhere to fight it,” activist Mark Salomon, who has long criticized city officials and bicycle activists for their approach to the Bike Plan, told us.

But Kate Stacey, who heads the land use team in the City Attorney’s Office, says the city will be in a good position to quickly create lots of bike lanes once this plan passes legal muster.

“The city can now go through the specific bike projects without having another step of analysis,” she told us. “I think it’s a complete and elegant approach even if it was more time-consuming at the outset.” Busch asked both sides to submit proposed orders by July 6 and responses to those orders by July 13, with a ruling and possible lifting of the injunction expected later this summer.

Danger zone

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rebeccab@sfbg.com

Rita Connolly, a registered nurse who has worked with inmates in San Francisco jails since 1985, says she’ll never forget the time she had to act fast to save a prisoner’s life.

The man had just arrived from a different jail and was waiting to go through intake. He was slumped over and looking ill, too weak to voice a complaint. Several worried inmates beckoned Connolly over, and once she examined him, she realized he was in the midst of a heart attack. He was rushed to the emergency room. He lived — but sustained irreversible heart damage.

“He could have been someone who didn’t live,” Connolly told the Guardian, but he also could have had a better outcome. The inmate had alerted someone that he was having chest pains earlier in the day, she later learned, as he was boarding a bus from an Alameda County Jail. A medical services worker examined him just before the bus left, but allowed him to proceed. By the time he arrived in San Francisco, the warning signals had progressed to a full-blown heart attack.

The story highlights an extreme example of a trend Connolly said she observes regularly — inmates from counties that use privatized jail health services aren’t receiving the same standard of care that San Francisco provides. Sometimes, there are obvious signs that the care is inadequate, placing inmates’ health at risk.

Alameda’s jail health services contractor, Tennessee-based Prison Health Services Inc. (PHS), has made headlines before for a track record marred by inmate deaths and lawsuits alleging negligence. PHS has expressed interest in contracting with San Francisco if the city opened the door to privatization, which Mayor Gavin Newsom has once again proposed in his latest budget.

That budget also calls for cuts to community-based health and human service programs that threaten to erode the safety net for those battling mental health issues, drug addiction, and chronic health problems, all proposals now being weighed by the Board of Supervisors Budget and Finance Committee.

But it is the debate over whether to make a $11 million cut to jail health services that raises the most thorny and telling questions about what sacrifices are considered acceptable — and what populations can be the most easily targeted — in the quest to balance a budget without the tax increases that Newsom opposes.

 

OPEN WOUNDS

In San Francisco, the city’s Department of Public Health contracts with the Sheriff’s Department to address inmates’ medical needs. Privatized jail health care would be cheaper, though by how much is a moving target. But nobody is arguing that the care would be better.

Newsom’s budget proposes switching to a private firm as early as January 2011 to help solve a daunting budget deficit. The proposal originated with the Mayor’s Office, and Sheriff Mike Hennessey — whose department would realize the potential savings — went along by including the item in his departmental budget.

In years past, the Board of Supervisors has repeatedly resisted the proposal and is likely to do so again — but rejecting it would mean finding up to $11 million in savings elsewhere.

“The fear is that when you bring privatization into the picture, there is a financial pressure to cut corners. And even though that may end up saving some money … the price that comes with it is too high,” Sup. David Campos said at a recent budget hearing. Referencing stories about inmates who died needlessly in jail under the care of for-profit firms, Campos said he isn’t willing to risk a similar tragedy occurring in San Francisco.

The proposal has been floated repeatedly since as far back as the early 1990s, according to healthcare workers whose jobs have been jeopardized by privatization before. Newsom proposed the cut last year, and the year before.

“In absence of the budget problem, [Hennessey] probably would not have proposed this, nor would we have proposed this,” Newsom’s budget director, Greg Wagner, told members of the Budget and Finance Committee at a May 26 hearing, adding that the mayor shares concerns about prisoner safety. Newsom’s office did not return multiple calls requesting comment for this story.

The U.S. Supreme Court recently agreed to a hear an appeal by the state of California to the federal court ruling that substandard medical care in California prisons constitutes cruel and unusual punishment and necessitates the early release of about 40,000 prisoners. At the May 26 hearing, healthcare workers familiar with the interiors of county jails and state penitentiaries came forward with horror stories.

“Every week I receive at least one inmate who has an open gunshot wound. They have not seen medical care in the county jails,” Dr. Elena Tootell, chief medical officer at San Quentin state prison, told committee members. “It’s quite surprising to me that they send inmates with gunshot wounds to prison. They just walk off the bus. They often have paper towels stuck to their bodies, seeping the blood. And then we are obligated to take care of them. This does not happen from San Francisco County, I’m going to tell you that right now.”

Tootell said she’d observed a significant difference between those counties using private firms and those using public health care. “They will have a fracture — they’ve never been splinted, they’ve never seen a doctor. They’re on anticoagulation [medication], but haven’t had their blood checked in weeks and have bruises all over their body.”

Connolly echoed similar concerns. For example, she told the Guardian, she’s found herself asking questions like, “You were on AIDS medication before you got arrested and now you’re not?”

Susanne Paradis, a healthcare research contractor with SEIU Local 1021, rejects the premise that the same services could be provided at a lower price. Under a private model, she says, the priority is to keep costs low — and that means doing less.

A key issue, Paradis said, is that private firms tend to rely more heavily on licensed vocational nurses (LVNs) — lower-paid medical staffers who aren’t trained to assess patient’s medical needs and cannot administer the same care that registered nurses (RNs) can. Using PHS data, Paradis found that in Alameda, there is one RN for every 92 inmates, compared with one RN per 32 inmates in San Francisco.

“An RN has the ability to assess, observe, and determine if there’s emergency care needed,” Paradis explained. “An LVN does not have the ability to do that.”

John Poh, a nurse practitioner stationed at a jail in San Francisco’s Hall of Justice, explained the difference this way: “The more RNs you have working for you, the fewer deaths you have.”

PHS, an obvious point of comparison with San Francisco since it serves Alameda, declined to answer questions about its services. Instead, media spokesperson Pat Nolan e-mailed a brief statement. “We are excited to hear that San Francisco is considering the contracting of correctional health care,” he wrote. “Should the city choose to go through an RFP process, we would look forward to participating. We think it is the right thing to do for the city and its taxpayers.”

 

LINES OF DEFENSE

While those incarcerated in San Francisco jails can be thought of by some as criminals, nuisances, or miscreants, those requiring medical attention are patients in the eyes of the jail healthcare workers.

Inmates routinely enter the system with diabetes, HIV/AIDS, hepatitis C, heart problems, liver disease, and substance abuse issues, Connolly said. On occasion, a woman will arrive in jail only to learn that she is pregnant. Mental health problems are common, and some battle psychiatric issues in combination with physical ailments.

“Overall, our patient population has had little access to health care. For many people, we’re the only show in town,” Connolly noted.

Poh said some problems could spiral out of control if jail health staff didn’t nip them in the bud. If an inmate is exhibiting signs of tuberculosis, for instance, they’ll immediately get a mask and be sent to the hospital for screening. Sexually transmitted diseases are also a priority for treatment. “You don’t want that person going out infected,” Poh explained.

The city takes a proactive stance when it comes to treating inmates, Poh said, because at the end of the day, county jail is a revolving door. “Everybody leaves county jail. They’re either going home, to a program, or to prison.” If people are released back into the community with contagious, untreated health problems, the risk of exposure can spread beyond jailhouse walls.

San Francisco’s current system is considered a first line of defense, in which inmates are “seen as members of the community who happen to be in jail right now,” Paradis said.

Privatizing jail-health services would constitute a blow to a wider public health safety net in San Francisco that is already weathering painful cuts. At a June 15 Beilenson Hearing, a state-mandated opportunity for community members to explain the impacts of proposed health and human services cuts to the Board of Supervisors, people came out in droves to protest cuts to programs serving vulnerable residents.

Kristie Miller, executive assistant of the Standing Against Global Exploitation (SAGE) Project, told the Guardian that her organization serves 350 clients a year who are victims of human trafficking and commercial sexual exploitation. The organization stands to lose its mental health funding, so Miller had come out to speak against the cut. “It provides trauma-focused psychotherapy for survivors who’ve experienced a lot of abuse, violence, and exploitation,” she said.

Jeff Schindler, chief development officer for the Haight Ashbury Free Clinics, said he was there protesting a 79 percent funding cut to his organization’s 108-bed residential program on Treasure Island. “We won’t have a place for people to actually go into residential treatment for their mental health and substance abuse issues,” he said. “These are individuals who are going to get their needs met somehow, somewhere, and generally that’s going to be at San Francisco General Hospital.”

It’s in this context that the proposal to contract out for jail health services is being proposed. “It’s easy to dismiss prisoners as probably the least valued sector of our society,” Deirdre Wilson, of the California Coalition for Women Prisoners, noted at a May 26 hearing. “But the right to health care is a human right.”

 

FOR THE RECORD

According to an estimate prepared by the Sheriff’s Department, the city could save anywhere from $11 million to $14 million by contracting out for jail health services, and Newsom’s budget assumes a savings of “over $11 million per year.”

However, the Controller’s Office continues to revise that figure as the debate shifts and concerns are raised about the skill mix that a private firm would use. “We don’t really know what it would cost to contract out, unless there was an RFP and a response to the proposal and some discussion about what the staffing requirements would be,” Deputy City Controller Monique Zmuda explained at a June 17 hearing. She added that the potential range of savings spanned from $3 million to $11 million annually, depending on decisions that would have to be made about acceptable staffing levels.

San Francisco’s inmate population has shrunk in the wake of the crime lab scandal, and a city-owned facility in San Bruno has been temporarily shuttered. Sheriff Hennessey told the Guardian he believed medical care in the jails could be provided either by city workers or a private firm, but added that he’s “quite happy” with the status quo. Noting that 25 of the 58 counties in California already use private firms, he added, “It’s not an unusual or unique thing.” Hennessey also said the decision was linked to a broader philosophical and political question, and that he doubted there was support on the board for the proposal to go forward.

Mitch Katz, director of the city’s Department of Public Health, did not directly say whether he supported Newsom’s proposal. “I think our Jail Health Services does a great job, but I do understand that the city is facing an extremely difficult budget year and that ultimately the budget must be balanced,” Katz wrote in an e-mail.

Gabriel Haaland, who represents SEIU Local 1021 union members whose jobs would be affected by the proposal, voiced strong opposition at a June 17 Budget and Finance Committee meeting. “‘We don’t care about these people because they’re poor and they’re in jail.’ That’s the message” in the decision to contract out, Haaland charged. The item was continued and will be revisited as budget deliberations unfold.

San Franciscans decry Newsom’s public health cuts

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By Alex Emslie

More than 100 concerned citizens, mental health providers, SRO hotel representatives, and clients of San Francisco’s community behavioral health programs spoke to the Board of Supervisors yesterday at a Beilenson hearing, which the state requires of counties that slash public health services, decrying crippling cuts in the mayor’s proposed budget.

Mayor Gavin Newsom proposed cutting the Department of Public Health’s funding by close to $31 million in next year’s budget currently before the Board of Supervisors. The board can choose to add funding back into departments that were cut before approving the final budget by the end of July.

“These are all services that we value,” DPH director Dr. Mitch Katz said following nearly four hours of public testimony. “We have to make difficult choices because of the state of the city’s budget. We recognize that it is never desirable for us to make cuts.”

Sup. John Avalos, who chairs the Budget and Finance Committee, said the city Budget Analyst’s Office was examining cost savings within the police and fire departments to free up money for the DPH. “I, as budget chair, am working with my colleagues to prevent these cuts that you are concerned about. We have to find cost savings in our budget across other departments.”

Avalos added that cutting other departments wouldn’t solve San Francisco’s looming deficit for years to come, and that taxation must be part of San Francisco’s budget solution. “If we don’t find a significant amount of revenue, looking at progressive forms of taxation, we’ll be in the same boat next year, but even worse, because we don’t expect to have the authorization of federal money [that the city received last year] to help us out.”

Cutting from the bottom

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By Alex Emslie

news@sfbg.com

When Mayor Gavin Newsom unveiled his proposed city budget on June 1, he downplayed the severity of cuts to the city’s Department of Public Health, noting that they amounted to less than 2 percent. But if Newsom’s uneven program chopping becomes a reality, critical social services for some of San Francisco’s poorest and most vulnerable residents will be cut by almost one-third.

The DPH was able to shrink its budget by nearly $31 million, according to a budget proposal currently before the Board of Supervisors, in part by slashing community nonprofit clinics providing outpatient mental health services to some of San Francisco’s most difficult to treat mental health cases.

“It’s very possible you could see more people who are homeless, people who are homeless not getting as much care — they’ll be sicker,” said Dr. Eric Woodard, medical director of psychiatric emergency services at San Francisco General Hospital. “And you could reasonably expect more deaths on the street to occur.”

State and federal matching funding to the DPH dwarfs the amount of money the department receives from the city. What isn’t spelled out in Newsom’s budget is that every dollar cut by the city results in more than another dollar lost in federal funding for social services.

The DPH proposed a nearly 9 percent cut to outpatient community-based health services, and an 11 percent cut to residential inpatient services to meet the mayor’s request that all city departments submit a 30 percent budget reduction to his office. Newsom reversed the proposed cuts to residential services but kept the outpatient cuts.

“I believe in the efficacy of residential [treatment],” Newsom said during his budget unveiling. “I believe there are a lot of question marks around outpatient drug treatment.”

But the cuts affect more than just outpatient drug treatment. While many of the clinics that were cut focus on treating mental illnesses, they are funded through the DPH category that includes substance abuse treatment. Newsom’s office declined to answer our inquiries about the reasons for and implications of his cuts, referring us to DPH.

Walden House CEO Vitka Eisen, whose organization serves people suffering from mental illness and substance abuse in inpatient and outpatient clinics, said she was relieved that residential funding was added back. However, she is concerned about the proposed $4.1 million cut spread across several nonprofit outpatient services.

“There’s a very large cut to outpatient services citywide, and that’s obviously problematic because outpatient services are an important part of our system of care in the city,” she told the Guardian. “You can’t really cut one or the other.”

DPH Community Behavioral Health Services Director Dr. Robert Cabaj is hoping the Board of Supervisors will restore some of the cuts to outpatient clinics. “Unfortunately, they [the Mayor’s Office] left these in,” he told the Guardian. “I’m not sure why — I’m not sure what the mayor was thinking at the time.”

Citywide Case Management and Community Focus, an outpatient clinic serving some of San Francisco’s most severely mentally ill, is one of the hardest hit nonprofit clinics in the mayor’s proposed budget. The agency will lose $1.22 in federal funding for every $1 cut from the city, division director Dr. David Fariello said.

That’s how its 15 percent, $1.3 million cut proposed by the DPH and accepted by the mayor, ballooned into a 33 percent, $2.8 million loss for one of the city’s most comprehensive and best-performing community behavioral health services.

Citywide, at 982 Mission St., boasts the facilities, network, and location to serve one of San Francisco’s most vulnerable populations. The typical Citywide client suffers from schizophrenia, bipolar disorder, borderline personality disorder, or severe depression. They are likely homeless, grappling with substance abuse, and many have posttraumatic stress disorder.

Citywide employees, doctors, and administrators, as well as physicians from outside the clinic, speculate that cutting outpatient mental health services in a city with one of the highest per capita populations of mentally ill homeless people will ultimately cost the city more money than it saves now. Use of expensive city services like psychiatric emergency rooms, jails, police, and ambulance could all rise.

“Frankly, a lot of these budget cuts do not seem to be very well thought out in terms of what the real cost is going to be,” Woodard said. “If you look into the not very distant future, you’re going to incur costs that are probably much greater than your savings were initially by making the cuts.”

Cabaj said that past funding cuts haven’t resulted in higher use of psychiatric emergency services because the DPH prioritizes funding for the most severe cases and screens for those who could possibly be moved into cheaper services. Citywide clients are consistently high users of San Francisco General Hospital acute inpatient psychiatric care, at an average cost to the city of $1,200 per patient, per day, if they don’t have insurance or Medical benefits.

Many end up in costly in-patient psychiatric care facilities or are arrested and land in the city’s Behavioral Health Court, which hears cases in which defendants have been diagnosed with a mental illness that is suspected of being a factor in their crime. More than 70 percent of the Behavioral Health Court’s mandated treatment slots are at Citywide.

“We can manage behaviors that get people thrown out of every other clinic in the city,” Fariello said. “Where is that capacity going to be picked up? These are not clients who, if they don’t get treatment, maybe their doctor will give them some medicine and it’ll be OK. These are clients who are going to continue to be high users unless we intervene.”

Citywide figures show a 40 percent decrease in violent reoffenses for clients referred to their clinic from the Behavioral Health Court. Nearly three-quarters who were homeless are able to maintain housing, and more than 25 percent of clients who were frequent users of inpatient psychiatric services have stayed out of the hospital.

“Citywide really is one of the best,” said Woodard, who works with Citywide’s Linkage Team to stabilize patients from SFGH’s psychiatric emergency room. “They provide excellent care for these really fragile, very ill patients. I would say of the community programs, they’re really at the top of the list.”

Fariello estimates having to reduce the 1,035 clients receiving treatment at his clinic by 400 if the cuts are finalized. He may have to scale back some of his clinic’s innovative and successful categories of service — such as employment support and dialectical behavioral therapy, a highly specialized form of therapy with proven success in treating borderline personality disorder. Citywide has the largest DBT team in San Francisco.

Citywide administrators are baffled by DPH’s decision-making process, given that it serves the city’s sickest, poorest, and homeless — characteristics that should have reduced its cuts, according to the department’s priorities outlined in its budget reduction proposal.

Since founding the agency nearly 30 years ago, Fariello has worked with the city to implement innovative techniques in treating San Francisco’s highest users of expensive psychiatric emergency services. And it has been consistently successful. In a review last year of 15 similar programs conducted by the DPH, Citywide received an average 92.1 out of 100, the highest score. It scored a 4.0 out of 4.0 on another recent program review.

Several divisions within Citywide contribute to its inclusive approach to mental health services. Citywide’s forensics program works exclusively with clients involved in the criminal justice system. Community Focus provides culturally sensitive therapy in several languages. The Linkage Team stabilizes emergency psychiatric patients from SFGH.

Employment support for Citywide clients helps them get and retain jobs, emblematic of the entire agency’s goal of treating clients as complete people, not just mental health patients. “What we’ve found out is that people who have an investment in purposeful activity have an investment in getting better,” Fariello said. “A lot of clients have a notion that their career is being a mental health client. What we’re trying to do is change that.”

Citywide supported employment services supervisor Greg Jarasitis told a story of one client who said she liked her job as a bookkeeper because while she was at work she felt like a “normy,” then added: “These are people who have been marginalized for so long.” *

Get involved: The Board of Supervisors holds a public comment hearing on the deep proposed health cuts, as state law requires, June 15 at 3 p.m. in Board Chambers at City Hall. The board’s Budget and Finance Committee departmental hearings for the DPH are scheduled for June 21 and June 28.

Another bloody budget

6

rebeccab@sfbg.com

In the days since June 1, when Mayor Gavin Newsom unveiled his proposal for San Francisco’s $6.48 billion budget for the next fiscal year, public sector employees and community organizations have been poring over the hefty document to determine how their jobs, services, and programs survived cuts made to close a $483 million shortfall.

For police and firefighters, a key Newsom constituency, the news is good. There were no layoffs to San Francisco firefighters, and while members of the Police Officer’s Association gave up $9.3 million in wage concessions under the lucrative contract Newsom gave them a few years ago, police officers will still receive a 4 percent wage increase on July 1.

For others, the release of the mayor’s budget signified a tough fight looming before the Board of Supervisors, one with high stakes. Cuts to homeless services, mental health care, youth programs, and housing assistance, along with privatization proposals, have raised widespread concern among labor and liberal advocacy organizations. Public input on the budget will continue at the Board of Supervisors Budget and Finance Committee until July 15, when the amended document is considered by the full board.

At a June 1 announcement ceremony, Newsom asserted that the budget was balanced “without draconian cuts,” saying, “We were able to avoid the kind of cataclysmic devastation that some had argued was inevitable in this budget.”

Nearly a week later, Board President David Chiu told the Guardian that sort of cataclysm wouldn’t be staved off for long if the city continues on the course of repeatedly making deep budget cuts without proposing any significant new sources of revenue.

“Now that the smoke has cleared, it is clear that the mayor’s proposed budget is perfect for a mayor who is only going to be around for the short term, but it does not address the long-term fiscal crisis that our city is in,” Chiu said. “Next year, we’re looking at over a $700 million budget deficit. The year after that, we’re looking at almost an $800 million budget deficit. The budget proposal that Newsom put out balances the … deficit on many one-time tricks and assumptions of uncertain revenue.”

Meanwhile, advocates said even the cuts proposed this time would bring serious consequences, especially with unemployment on the rise, state programs being cut in Sacramento, and families feeling the pinch more than ever.

“Poor and working class families, and families of color in San Francisco, are facing kind of an assault on funding and on safety net services on multiple levels,” said Chelsea Boilard, family policy and communications associate for Coleman Advocates for Children and Youth. “I think a lot of it is that families are concerned about their ability to stay in the city and raise their kids here.”

 

“NO NEW TAXES”

During the budget announcement, Newsom emphasized the positive. He found $12 million in new revenue simply by closing a loophole that had allowed Internet-based companies to avoid paying that amount in hotel taxes. He said 350 currently occupied positions would be cut, but noted that it was less than a cap of 425 that public sector unions had agreed to. Cuts were inevitable since the ailing economy inflicted the city’s General Fund with significant losses, particularly from business and property tax revenues.

Nonetheless, Newsom’s budget is already coming under fire from progressive leaders. For one, there are no new revenue-generating measures in the form of general taxes, which could have averted the worst blows to critical safety-net services and might help remedy the city’s economic woes in the long-term.

“There are no new taxes in this budget,” Newsom declared. “I know some folks just prefer tax increases. I don’t.”

Yet Chiu said many of Newsom’s assumptions for revenue were on shaky ground, prompting City Controller Ben Rosenfield — Newsom’s former budget director — to place $142 million on reserve in case the projected revenues don’t pan out.

“These budget deficits continue as far as the eye can see,” Chiu noted. “Even if those amounts come in, something like 90 percent of them are one-time fixes. So even if the mayor is right, it doesn’t solve next year’s problem, or the year after. Which is why many of us at the board believe that we have to consider additional revenue proposals to think about the long-term fiscal health of the city.”

Sup. John Avalos, chair of the Budget and Finance Committee, described Newsom’s budget as “pretty much an all-cuts budget,” noting that he and Chiu planned to introduce revenue-generating measures. They were expected to introduce proposals — including an increase in the hotel tax and a change in the business tax — at the June 8 board meeting.

Because despite Newsom’s rosy assessment, many of his proposed cuts are deep and painful: the Recreation and Park Department would be cut by 42 percent (with its capital projects budget slashed by 90 percent), Economic and Workforce Development by 34 percent, Ethics Commission by 23 percent (basically eliminating public financing for candidates), Department of the Environment by 14 percent, Emergency Management by 10 percent, and the list goes on.

 

CUTS TO SOCIAL SERVICES

Progressives say Newsom’s budget reflects skewed priorities. While relatively little is asked of public safety departments, health and human services programs face major staffing and funding losses. “Poor people are being asked to shoulder the burden,” noted Jennifer Friedenbach, director of the Coalition on Homelessness.

Nearly $31 million would be slashed from the Department of Public Health, and more than $22 million would be cut from the Human Services Agency under Newsom’s proposed budget. While this reflects only 2–3 percent of the departmental budgets, there’s widespread concern that the cuts target programs designed to shield the most vulnerable residents.

Proposals that deal with housing are of special concern. “We have more and more families moving into SRO hotel rooms. We have families in garages. We have a really scary situation for many families,” Friedenbach said.

Affordable housing programs within the Mayor’s Office of Housing would get slashed from $16.8 million currently down to just $1.2 million, a 92 percent cut. Other cuts seem small, but will have big impacts of those affected. Newsom’s budget eliminates 42 housing subsidies, which boost rent payments for families on the brink of homelessness, for a savings of $264,000. Meanwhile, a locally funded program that subsidizes housing costs for people with AIDS would be cut, for a savings of $559,000.

Transitional housing would be affected, too, such as 59 beds at a homeless shelter on Otis Street, which Friedenbach says would be lost under Newsom’s budget proposal. “We’ve already lost more than 400 shelter beds since Newsom came to office, so that’d be a huge hit,” she said. Since the recession began, she added, the wait-list at shelters has tripled. The Ark House, a temporary housing facility that serves LGBT youth, would also be closed.

Overall, homeless services delivered by HSA would take a $12 million hit in Newsom’s budget, or about 13 percent, offset slightly by homeless services being increased by $2 million within the Mayor’s Office budget, a 71 percent increase.

Outpatient mental health services, such as Community Behavioral Health Services, would also be affected (See “Cutting from the bottom”), in violation of current city law. Several years ago, then-Sup. Tom Ammiano introduced legislation establishing a “single standard of care” to guarantee access to mental health services for indigent and uninsured residents.

“If timely, effective, and coordinated mental health treatment is not provided to indigent and uninsured residents who are not seriously mentally ill, those residents are at risk of becoming seriously mentally ill and hence requiring more expensive and comprehensive mental health care from San Francisco,” according to the ordinance, which was passed in June of 2005. Newsom’s budget proposes changing this legislation to enable cuts to those services, which would result in 1,600 people losing treatment, according to Friedenbach.

Unfortunately, advocates for the poor has gotten used to this ritual of trying to restore cuts made by Newsom. “There are some sacred cows that seem to survive year after year, and then we’re left fighting over what we can get,” said Randy Shaw, executive director of the Tenderloin Housing Clinic (THC).

The Central City SRO Collaborative, which supports tenants living in single-room occupancy hotels in the mid-Market Street area and is operated through THC, is slated to be cut by 40 percent along with three other similar programs — a replay from last year when the mayor proposed eliminating funding and the Board of Supervisors restored the cut.

“I think you’d see more fires, more people dying from overdoses. You’d see really bad conditions,” Jeff Buckley, director of the program, told us of the potential consequences of eliminating the inspections and resident training that is part of the program.

Funding was also eliminated for THC’s Ellis Eviction Defense Program, the city’s only free legal defense program with capacity to serve 55 low-income tenants facing eviction under the Ellis Act.

 

THREAT TO RENTERS

One of the most controversial proposals to emerge from Newsom’s budget is a way for property owners and real estate speculators to buy their way out of the city lottery that limits conversion of rental properties and tenants-in-common (TICs) to privately-owned condos if they pay between $4,000 and $20,000 (depending on how long they have waited for conversion), a proposal to raise about $8 million for the city.

“I went back and forth because I know the Board of Supervisors can’t stand this,” Newsom said as he broached the subject at the June 1 announcement. “I still don’t get this argument completely. Except it’s a big-time ideological discussion. It’s so darn ideological that I think it gets in the way of having a real discussion.”

Yet Ted Gullicksen, director of the San Francisco Tenants Union, said the argument is quite clear: making it easier to convert rental units into condos will accelerate the loss of rental housing in a city where two-thirds of residents are tenants, in the process encouraging real estate speculation and evictions.

“It will encourage TIC conversions and evictions because it makes the road to converting TICs to condos that much easier,” Gullicksen said. “It’s going to be a huge gift to real estate speculators.”

Newsom press secretary Tony Winnicker disputes that impact, saying that “these units were going to convert anyway, whether next year or six years. This merely accelerates that conversion without altering the lottery to protect jobs and services.”

But Gullicksen said the proposal obviously undermines the lottery system, which is the only tool tenant advocates have to preserve the finite supply of rent-controlled apartments, noting that even if the condos are later rented out, they will no longer to subject to rent control. That’s one reason why the Board of Supervisors has repeatedly rejected this idea, and why Newsom probably knows they will do so again.

Avalos said he and other progressive supervisors will oppose the proposal, despite the difficulties that will create in balancing the budget. “It’s kind of like putting a gun to our heads,” Avalos said of Newsom’s inclusion of that revenue in his budget.

To offset that revenue loss, Avalos has proposed a tax on alcohol sold in bars and Gullicksen is proposing the city legalize illegal housing units that are in habitable condition for property owners willing to pay an amnesty fee.

Some housing advocates were also struck by the timing of proposing condo conversion fees while also eliminating the Ellis Eviction Defense Program. “We’re really the only ones doing this,” Shaw noted. He said the program is crucial because it serves low-income tenants, many of whom are monolingual Chinese or Spanish speakers who lack the ability to pay for private attorneys to resist aggressive landlords.

 

PRIVATIZATION PROPOSALS RETURN

The Department of Children, Youth. and Families budget would be reduced by 20 percent under Newsom’s budget, with the greatest cuts affecting after school and youth leadership programs. Roughly a $3 million cut will result in the loss of around 300 subsidized slots for after school programs, said Boilard of Coleman Youth Advocates. Another $3 million is expected to come out of violence-prevention programs for troubled youth; an additional $1 million would affect youth jobs programs.

Patricia Davis, a Child Protective Services employee who lives in the Mission District with her two teenage sons, said she was concerned about the implications for losses to youth programs, particularly during the summer. “You can imagine what’s going to happen this summer,” she said. “I feel that a lot of kids are going to do a lot of things that they have no business doing.”

Davis, who says she’ll have to look for a new job come Sept. 30 because the federal stimulus package funding that supports her position will run out, said she was not happy to hear that police officers would be getting raises just as that summer school programs are being threatened with closure. “Couldn’t the 4 percent [raise] go somewhere else — like to the children?” she wondered.

Meanwhile, privatization proposals are causing anxiety for SEIU Local 1021 members, who recently gave millions in wage concessions and furloughs along with other public employees to help balance the budget. A proposal to contract out for jail health services cropped up last year and was shot down by the board, but it’s back again.

“When you make it a for-profit enterprise, the bottom line is the profit. It’s not about the health care,” SEIU Local 1021 organizer Gabriel Haaland told us. “It isn’t the same quality of care.”

Haaland said he believes the mayor’s assumption that the proposal could save $13 million should be closely examined. Other privatization schemes would contract out for security at city museums and hospitals.

Institutional police in the mental health ward at SF General Hospital and other sensitive facilities are well trained and experienced with difficult situations so, Haaland said, “the workers feel a lot safer” than they would with private contractors.

Regarding Newsom’s privatization proposal, Avalos said the board was “opposed last year and the year before, and we’ll oppose [them] this year.”

In the coming weeks, Avalos and other members of the Budget and Finance Committee will carefully go over Newsom’s proposed budget — which is now being sized up by Budget Analyst Harvey Rose’s office — and solicit input from the public. Chances are, they’ll get an earful.

“People are scared. They are scared to death right now,” Boilard said. “As it is, people’s hours are being reduced. And it’s getting harder and harder to find a job because so many people are out of work that the level of competition has gotten really fierce. This is the time that we need to invest in safety net services for young people and families more than ever — and all those services and programs and relationships that people depend on are disappearing.”

Steven T. Jones and Kaitlyn Paris contributed to this report.

Newsom’s budget includes a few ideas “Supervisors can’t stand”

City department heads, members of the San Francisco Board of Supervisors, representatives from major news outlets, and others crowded into the Luggage Store Art Gallery at 6th and Market streets on June 1 to hear Mayor Gavin Newsom discuss his proposed 2010-2011 budget.

Colorful artwork, such as a collage fashioned from cereal boxes, adorned the walls, and Newsom said he’d selected the venue to emphasize his commitment to improving the blighted mid-Market area.

Newsom’s $6.48 billion budget is being put forth in the face of a roughly $480 million deficit, which places the city in a similar financial situation to last year, when the mayor’s budget proposal sparked an outcry from progressive supervisors and a wide array of advocacy organizations for its deep blows to public health programs and critical services.

At first glance, the Department of Public Health seems to have fared better this time around, as a partial result of outside funding through federal programs. However, Newsom proposed slashing $22 million from DPH, compared with a total department budget of approximately $1.4 billion.

Newsom’s budget eliminates a total of 993 positions that are filled and unfilled, though the mayor said he anticipated 350 actual layoffs, bringing the total number of city employees to the lowest level in more than a decade. He thanked those he referred to as “enlightened city employees” for wage concessions that made fewer layoffs possible. There were no layoffs in the San Francisco Police Department or the San Francisco Fire Department, Newsom noted. The mayor also announced that an additional $5.9 million would be allocated to remedy the plagued crime lab.

The most contentious issue to emerge from the budget announcement was a proposal to generate $8 million through condo-conversion fees, under a system that would make it easier for people to turn rental units and tenancy-in-common units into condominiums.

Newsom accounted for funding from this proposal despite a lack of support from the Board of Supervisors. “I know the Board of Supervisors can’t stand this,” he said. “But I can’t stand the alternative. … This is a debate that I want to have, because I think this is principled and right.” He added that he thought supervisors’ resistance to accelerated condo conversions was “so darn ideological that it gets in the way of having a real discussion.”

Sup. John Avalos, who chairs the Budget & Finance Committee, said that he and other supervisors fear this could lead to more owner move-in evictions, a trend that would upend tenants’ lives and ultimately deplete the city’s affordable housing stock. “That’s been a concern of mine for months,” Avalos noted. Newsom’s decision to go forward with including it in the budget means that if the Supes reject it, they’ll have to find an additional $8 million to make up for the gap. “It’s kind of like putting a gun to our heads,” he said.

Newsom asserted that the budget was balanced “Without draconian cuts,” saying, “We were able to avoid the kind of cataclysmic devastation that some had argued … was inevitable in this budget.”

Yet Avalos described it as “pretty much an all-cuts budget,” because it contained no new revenue generating measures. “There are no new taxes in this budget,” Newsom said. “I know some folks prefer tax increases. I don’t.”

Avalos said he and other members of the board were working on a number of revenue-generating measures, including a nickel-per-drink tax on alcoholic beverages that would be aimed at the level of distributors, not small independent businesses.

Expect more on the mayor’s budget in coming weeks.

The Mitchell sister

3

sarah@sfbg.com

Porn heiress Meta Jane Mitchell Johnson is running a little late when I arrive at the Mitchell Brothers O’Farrell Theater, the adult entertainment establishment her father Jim Mitchell and uncle Artie Mitchell founded on the edge of the Tenderloin, just blocks from City Hall, July 4, 1969.

Johnson, 32, recently became co-owner of the theater and invited me over to discuss her vision for this notoriously hardcore strip club and the challenges she faces in an industry dominated by the Déjà Vu corporate strip club chain, in a town whose political leaders are still trying to figure out how best to regulate the clubs to ensure that their predominantly female workforce is properly compensated and protected from harassment in safe, sanitary conditions.

A young guy on the front register ushers me into a side room. The walls are decorated with photographs that recall the people and players who have made this club such a storied San Francisco institution and a landmark in the history of the sex industry.

There’s an image of a topless Marilyn Chambers, the star of Behind the Green Door, the porn film the Mitchell brothers shot and screened at the theater in 1972 and was a major hit after it became known that Chambers was also the wholesome face on Ivory Snow soap flakes box.

There is a photo of Artie with a young raven perched over his shoulder. It was taken in 1990 during a trip to Aspen, Colo., to support gonzo journalist Hunter S. Thompson, who worked at the club in the 1980s and was facing serious charges, including sexual assault and possession of drugs and explosives, that eventually got dropped.

Another shows both the Mitchell brothers, photographed when they were still young and rakish and battling the vice squad, even as they entertained the local political elite.

Today the brothers are dead, Artie from bullet wounds inflicted when Jim shot him with a rifle in February 1991; Jim from a heart attack in July 2007. And now Jim’s oldest son, James Mitchell, 28, is in jail awaiting trial for allegedly beating his ex-girlfriend Danielle Keller to death with a baseball bat in July 2009 and abducting their baby daughter, Samantha.

Unlike his father, who continued to run the Mitchell porn empire after serving less than three years for voluntary manslaughter, James is facing life behind bars.

“He is charged with six serious felonies and is facing life imprisonment with no possibility of parole,” Marin County Deputy Chief District Attorney Barry Borden said recently. Johnson told me that her brother no longer owns stock in Cinema 7, the corporation the Mitchell brothers founded to oversee their burgeoning sex business.

This latest family tragedy occurred in the wake of a $3.74 million class action suit that was settled in 2008. Brought by three MBOT dancers, the suit led to valid claims by 370 dancers who complained about Cinema 7’s “piece-rate” wage system. Under that system, the club compensated dancers solely for the number of private dances performed, waived meal and rest periods, and failed to reimburse dancers for costumes, props, and makeup.

Since then the club ended the piece-rate system, but introduced chips customers must buy to procure lap dances and encounters in small, curtained private rooms. On a recent night, the girls at the O’Farrell Theater remained smiling and bright-eyed as they succeeded in getting some customers to purchase chips for lap dances and private encounters. But the rest of the crowd remained largely silent and mostly tight-fisted as customers watched the club’s exotic dancers perform on its disco-balled stage.

All of which left me wondering if Johnson can succeed in overcoming her family history and reputation to make a difference for her workers and community while facing a nationwide recession in an industry dominated by an out-of-state chain.

 

THE UNLIKELY SAVIOR

Johnson greets me dressed in Ugg boots and jeans, apologizes for being tardy, and leads the way upstairs to the theater’s office so we can talk.

I first met Johnson in 2007 (“Behind the Mitchell’s Door,” 07/22/09) when she arrived at the theater in knee-high boots, clutching a massive lime handbag and a tiny dog named Baby. During that first encounter, three months after her father died, Johnson confided that when she took over the office, it was full of dildos dancers had given the Mitchell brothers. Placing her dog on the pool table that dominated the office, she said she planned to massage all this male energy toward femininity.

Today it looks as if she has started to deliver on that promise. The pool table is gone. The sofa where Hunter S. Thompson used to sit remains in the room. But now a clothesline runs between the office walls, draped with a stripper’s glove, stilettos, and a G-string emblazoned with the word “Gonzo,” presumably in honor of Thompson.

“It was a little thing we made to give away,” Johnson laughs.

She introduces her youngest brother and club co-owner, Justin. “Me and Justin are close. We are the owners and we are making some changes,” Johnson explains. “We are making the prices more reasonable so customers don’t have to spend an arm and a leg just to get a lap dance. And we’re going to hold events like poetry slams. We are trying to make the club fun again. We definitely see a hit due to the economy, but we’ve also been hit by the decision from the class action lawsuit.”

Johnson insists she and her brother aren’t “your typical strip club owners.”

Were in a symbiotic relationship with our dancers, she says. That sets us apart from other clubs. The dancers are our employees. We pay them minimum wage and workers comp. We cover their Healthy San Francisco costs. We incur a lot of expenses legally employing our dancers. But instead of crying about our handicap,’ she said, referring to treating dancers as employees, my goal is to show we can manage the club without a pimp mentality, without a How much can you shake them down for? approach.

“A lot of our employees have been here a long time and have had to deal with all the painful violent stuff too,” she continued. “And folks are still here, even though their hours got cut and they are not making as much money.

In 2007, Johnson told me that she resented the family business when she was growing up. “The boys could go inside, and I couldn’t,” she recalled. It wasn’t until 2004, when she was working as a mortgage consultant in a cubical farm in San Ramon that Johnson began to take pride in the business “as something that had taken care of us through the years.”

Johnson, who became the club’s scheduling manager in 2005, recalls the shock of losing her dad in 2007. “It was like being dumped in icy water,” she says. “At first we didn’t know how to handle it. But we learned. Five years ago, I was much more liable to listen to advice. But I need to be able to fall asleep feeling good. That involves treating people a certain way. I don’t think any other strip club in the country is being run the way this one is.”

Johnson got married and went on maternity leave in 2008. ” When my son was six months old, I came back for the club’s 40th anniversary party and I realized, they need me both of us [she and her brother]— as owners, steering the proverbial ship. No one else wants to be held accountable. We never discussed selling. Our father built this place. It’s completely shaped our lives. Good or bad, it’s ours.”

 

TOUGH INDUSTRY

As a nude strip club, Mitchell Brothers’ O’Farrell Theatre stands in direct competition with Crazy Horse on Market Street and the Déjà Vu-owned clubs including the Market Street Theaters, Gold Clubs and other spots in SoMa, and most of the clubs in North Beach. The exception is Lusty Lady, the only unionized, worker-owned peepshow in the country.

If you walk into the Gold Club in San Francisco, well, there are 50 other Gold Clubs in the country, so, its generic, Johnson says. But theyve got their business model. Were not trying to copy Déjà Vu or Crazy Horse. Were the Mitchell Brothers. Its been part of us and our whole history.

Dancers agree that the Lusty Lady isn’t in competition with Déjà Vu.

“They’re Walmart, and we’re the mom and pop store on the corner,” Lorelei*, a dancer at Lusty Lady, said. “At the Lusty, we pride ourselves on being alternative and having tattoos and piercings.”

Some dancers, who we’ve indicated with an asterisk after their altered names, voiced fear of being identified as critics of Déjà Vu’s business model.

“If Deja Vu found out I was shit-talking them I would probably get fired and be blacklisted from all their clubs,” Sugar* said. “If I were to get blacklisted, I’d be totally screwed because there are no other clubs in San Francisco,” where she doesn’t feel pressure to do more than dance, “which is not my thing.”

“Or the Lusty Lady, which doesn’t pay enough to cover my bills,” she continued. “But Deja Vu is notorious for being a terrible company to work for, mainly because of their outrageously high stage fees.”

Other dancers say they had to pay stage fees at the Déjà Vu-owned Hungry I, and sometimes went home empty-handed after eight-hour shifts when uninvited touching was common.

“The number one thing that would improve our work experience is if someone actually forced Deja Vu to stop charging us stage fees,” Amber* said. “Almost no one outside the industry knows that dancers pay money to go to work. A lot of customers think the clubs pay us, like, thousands of dollars. In San Francisco we pay between $100–$200 per shift, sometimes more.”

By law, dancers have the right to choose employee status, versus being considered independent contractors. “But that’s a joke,” Amber added. “If we choose employee status, we’re required to do a minimum of 10 lap dances per shift. The club keeps all that money, and we would get paid $12–$15 an hour.”

But Edi Thomas, counsel for Déjà Vus Centerfolds club, flatly denies that the dancers who perform at Centerfolds (the only nightclub in San Francisco authorized to operate as a Deja Vu Showgirls club) pay stage fees.

Rather, entertainers who perform at Centerfolds (and/or at Hungry I, the Condor, and Market Street) are paid a substantial percentage of the patron revenues generated from individual dance sales, Thomas stated.

The entertainers are issued Forms 1099 at year-end, reflecting the amounts they were paid by the nightclub, she said, which means the dancers are independent contractors, not employees. These nightclubs operate within the law and make every effort to assure that entertainers are well compensated and perform in safe and lawful environments.

There are, as in any industry, former and disgruntled workers carrying a desire to harm a nightclub or the industry for their own personal reasons, Thomas added. “But those workers do not represent the voice of the majority.

 

CENTER OF THE STORM

When the Mitchell Brothers founded their empire, it was against a backdrop of organized crime trying to exercise a monopoly on the porn industry. According to a 1977 U.S. Department of Justice report, members of La Cosa Nostra tried to request exclusive distribution of Mitchell Brothers’ porn films.

The Mitchells resisted for years, but DOJ claims they eventually entered into a contract with LCN’s Michael Zaffarano to distribute “Autobiography of a Flea.” the Mitchells also fought City Hall.

During the 1980s, Mayor Dianne Feinstein’s vice squad tried to close the Mitchell Brothers’ operations. But under Mayor Willie Brown, the former attorney for late Déjà Vu strip club owner Sam Conti, SFPD enforcement reportedly eased.

Then in 1997, Déjà Vu started to take control of the city’s sex clubs, introducing stage fees and private rooms. In 2002, three former MBOT dancers filed their suit against Cinema 7. The next year, three other dancers brought suits against Market Street Cinema and Century Theater. And in 2005, Deja Vu settled a class action labor suit with its dancers. Attorney Greg Walston, representing the dancers, said at the time that minimum pay rate would protect dancers from being forced into prostitution to make money.

Deja Vu threatened a counter-suit based on the allegations of prostitution at their clubs, but Walston told reporters: “The record speaks for itself.” Walston used police reports with prostitution allegations to bolster his case and said he was doing the job the District Attorney’s Office should have done.

In July 2008, when MBOT reached its $3.74 million class action settlement, Cinema 7 president Jeffrey Armstrong said that the corporation was “not able to pay the entire amount up front.” Instead, Mitchell matriarch Georgia Mitchell and her business partner John P. Morgan, then cotrustees of the Jim Mitchell 1990 Family Trust, which holds two-thirds of Cinema 7’s shares, pledged stock certificates as security interest.

But the debate about how to treat sex work in San Francisco continues. In November 2008, District Attorney Kamala Harris and Mayor Gavin Newsom opposed Proposition K, a local measure that tried to decriminalize prostitution by forbidding local authorities from investigating, arresting or prosecuting sex workers. They argued that the measure would increase prostitution on the streets, give pimps cover, and hamper efforts to stop sex trafficking. The measure failed.

At the time, Prop. K advocate Carol Leigh and cofounder of the Bay Area Sex Workers Advocacy Network said, “We feel that repressive policies don’t help trafficking victims, and that human rights-based approaches, including decriminalization, are actually more effective.”

Today, erotic dancers must identify which of a tangle of regulatory entities is the appropriate venue to lodge complaints. District Attorney spokesperson Erica Derryck said Harris is dedicated to prosecuting violent crimes committed against all San Franciscans, regardless of whether they happen in a club or an alley.

“If there are two drug dealers and one attacks the other, we’d prosecute. But that’s not to say there won’t also be consequences for underlying criminal behavior too,” she said. “But anyone who has been victimized should be confident of going to the police and reporting any incident.”

Derryck said public health and safety complaints can be lodged at entities that provide permits and licenses, including the Planning Department and Entertainment Commission.

“There might not be any criminal activity involved, but this route hits clubs in the pocket and is worth considering if dancers want to represent their grievances,” she said.

Meanwhile dancers say there is still pressure to do more than just dance in some clubs. “For some dancers, the clubs feel fine,” Lorelei says. “It’s a safe space where no ads are needed. They see it as a fair exchange. But if you just want to dance — when one girl is doing this, and another that, how are you supposed to make money?”

Other dancers wish managers wouldn’t abuse their power. “Sometimes they back you up,” Amber said. “Other nights, someone insults you and they won’t help.” And many wish management would try to make the clubs fun again.

“It used to be a party, but now it’s about the cheapest dirtiest fuck you can get,” Lorelei said. “Taking stage fees created a dark environment that carries over to the customers. It’s like we’re goats in a petting zoo begging, saying give me money, give me coke.”

 

FAMILY BUSINESS

Attorney Jim Quadra, who represented the dancers in the MBOT class action suit, said that for all the talk about treating dancers right, the Mitchells’ interest was money.

“At the time, a group of people thought the agenda was to get dancers to do more than dancing because that’s what brings in the revenue,” Quadra said. “But Meta comes off much better than the rest of her family.”

During the trial, Jim was asked if there were meetings where Cinema 7 personnel defined what they meant by a “lap dance” in the piece rate system.

“You need a lap for a lap dance,” Mitchell replied. “You are getting down to like, you know, lap dance, erotic theater, America. And your question is like just a waste of the public’s slender resources, like drop[ping] a basketball in the ghetto and asking, ‘Did you define what that is for them?'<0x2009>”

Johnson, who voluntarily took the witness stand, was asked if there was any reason dancers would be afraid of her father. “He can be a little gruff and he can be cranky, a grouchy old man,” she replied.

Today Johnson is moving ahead with a vision she began to outline in 2007, then put on hold until December 2009, when a law suit about the family trust fund was settled.

“We settled everything out of court in December with my grandmother, which was a nice Christmas present,” she says, confirming that she and her siblings succeeded in removing their 83-year grandmother, Georgia Mae Mitchell, as trustee of the Jim Mitchell family fund. They replaced her with their mother, Jim Mitchell’s ex-wife, Mary Jane Whitty-Grimm, who also has custody of James’s baby daughter, Samantha.

“Danielle’s mother has some personal problems … that made the court reluctant to give her custody of the baby. so they gave Samantha to Mary, who is a nice woman, who is married with a family,” former San Francisco D.A. Terence Hallinan told me, after James Mitchell replaced him with another private criminal defense attorney, Douglas Horngrad, in March.

In court filings related to the family trust fund, Mitchell matriarch Georgia Mae claimed her grandchildren’s lawsuit was intended to deny her jailed grandson James his share of the trust to defend against his serious felony charges.

“Justin asked me to take money out of the trust account of his brother James, and send it to his mother instead of paying his criminal defense attorney, Terence Hallinan,” the Mitchell matriarch claimed.

I asked Hallinan if the trust fund was the reason James Mitchell changed attorneys. “Yes and no,” Hallinan said. “It definitely had to do with money and who was going to run the club. The poor grandma, she is such a nice person. She was trying to play fair and be nice to all the kids. It’s not a really healthy family. ‘Rafe’ [James] is where he is. In my opinion, he is still not clear what happened or why.”

Johnson, for her part, says her brother James has mental health issues. “I don’t accept what he did,” she said. “I’m not making any excuses for it. He’s either insane or he’s a monster. But the family has an obligation to make sure he has legal defense. He was always a beneficiary of the trust. But he fired his lawyer, which is the worst thing he could have done.”

A restraining order Keller secured five days before she was murdered claims Mitchell abused her for years, had mood swings, used cocaine, and was addicted to methamphetamines.

“Danny should have left,” Johnson said.

It’s been painful to read the comments people leave,” she continued, referring to online reaction to her brother’s arrest that suggest the Mitchells are bad seed and should be wiped out. It’s not because James is a Mitchell, or because there’s some bad gene.”

Rather, she said he had serious unaddressed problems, “a time bomb that was going to explode and then it did in just about the most horrific way imaginable.”

“When I was 13, my father shot my uncle Artie. And when I was 31, James killed Danny,” she adds. “So I hope I don’t live to be 103.”

 

WOMEN’S WORK

In 1985, the O’Farrell Theater’s marquee famously read, “For show times call … ” followed by Mayor Feinstein’s phone number. But that was another era.

“I don’t know Dianne Feinstein,” Johnson says, as she shows me a cartoon R. Crumb drew in 1985 of then-Mayor Feinstein as Little Bo Peep, with a bunch of men, including political and law enforcement leaders, peeking out from under her skirts. “I know my father was never very fond of her. And I’m sure her reasons for wanting to shut the club down were based on the idea that women are being exploited and that we need to save them.”

Johnson says some of their dancers are single moms; some are young girls who can’t get enough work at retail jobs to pay their bills; and others are college students and graduates.

“There are as many stories as there are dancers. But the stereotype is that dancers are being exploited and have to be protected because they can’t protect themselves and no one really wants to dance. But when I came through the club door, I realized that many women want to do this and get upset if people try to save them. Some people feel that working in a strip club is bad, wrong, dirty. No. But it can be if you are pushed into it and don’t want to do it.”

Dancers the Guardian spoke to confirmed that they dislike being framed as victims. When we are painted as victims, we look stupid, Lorelei said. All we want is to make sure that folks are following the labor code and providing the same basic, decent working conditions youd get if you were working at a coffee shop.

But dancers know that some people are titillated by the idea of women being taken advantage of. “They don’t want that fantasy to go away, that she’s really a good girl and doesn’t want to do it,” Lorelei said. “If it turns out we are not traumatized, horrified, or disenfranchised, it ruins the whole fantasy.”

She fears that political leaders know bad things are happening but don’t want to talk about them for fear it implies they are permitting them. “The attitude is these women aren’t real, they are sex workers, so if they get raped or go missing, who cares?” Lorelei claimed. “We can’t admit they are the babysitter, the girl who sits next to you at the office.”

When Johnson began working at MBOT, she was shocked that the dancers were naked. “But no one is forcing anyone to be here,” she says. “Sure, some women dance out of necessity. But there are women who are really into it … What’s bad is the exploitation.”

It’s hard to tell from the outside whether the MBOT dancers are feeling better about their working conditions these days or whether having a woman in charge makes a big difference.

On a recent Saturday night, we were charged $40 to enter the club. The ticket gave us access to the theater’s main stage, where a succession of ethnically diverse and athletically built girls pranced, pole danced, and eventually took it all off — in tasteful fashion — as the customers threw tips on stage.

A friendly girl asked if we’d like some company but backed off gracefully when we declined to do more than chat. No one else tried to hustle us for the next hour, and we didn’t get the sense that these women were desperate to make more money. The private rooms remained empty during our visit. But there are VIP rooms that we didn’t have access to, and it’s possible more hardcore stuff was going on elsewhere in the club.

As we left, a tour bus pulled up outside, full of tourists who pressed their noses against the bus windows to eyeball the famed Mitchell Brothers establishment, drawn just to gawk at this titillating and complicated San Francisco institution.

Johnson and Mitchell believe their club gives women a path to financial independence and that having a female in charge makes a difference. They don’t need a man,” Johnson says. “In most strip clubs, the pay is all under the table, and the girls keep cash in shoe box under the bed.”

“Dodging the IRS,” Mitchell adds.

But they recognize that some dancers may be coming from abusive situations. Johnson said she realized one dancer was in trouble when she asked to be booked for every shift. “I looked at the situation and saw 16-hour days in stilettos and an exhausting schedule. It took a woman’s insight to work out what was going on.”

“It goes back to a woman’s touch, ” Mitchell says.

Johnson blames this nation’s puritanical roots for the abiding disapproval toward the sex industry and those who work in it.

“But it’s come a long way,” Mitchell interjects.” When this place first started, it got raided non-stop. Now it’s much more acceptable than 20 years ago. In the next 20 years, I’m optimistic that prostitution will be decriminalized, at least in our city, if not in our state.”

So is prostitution happening as much as some dancers say it is? “You can’t penalize people for surviving,” Johnson says. “What dancers do outside clubs is their business. We don’t have control over them. All we can do is worry about them. We don’t condone illegal activity inside the club. We don’t encourage or support it. That’s our official take.”

Johnson acknowledges the O’Farrell Theater may have the reputation for being perhaps the most hardcore club in the city. “But everything that happens here, happens elsewhere,” she says. “It’s the same exact deal except they don’t care at all, and we’re a family-run business.”

Mitchell observes that the O’Farrell Theater is huge part of the city’s tourism industry. “When conventions come through, we’re one of the prime tourist spots, along with Fisherman’s Wharf and the Golden Gate Bridge,” he said.

“San Francisco is known for its freewheeling sexuality, like the Folsom Street Fair,” Johnson adds. “People say San Francisco is Oakland’s slutty sister. And people come here because this club is an institution, a landmark in San Francisco.”

So can Johnson make a difference against this convoluted backdrop?

“It’s a benefit to have a female in management,” Johnson claims. “When we come up with an idea, I think: How will the dancers feel? We’re on the same team. I treat them like teammates. We’re not in a battle over who gets the most money. I can see through things. Women manipulate men, and dancers are in the business of manipulating men. It’s a sale. It’s a hustle. They have that mindset. But I say, no, you don’t need to make up situations. You just tell us what’s up. But that’s not the normal attitude. In most clubs, it’s ‘Shut up, do what we say, and pay your fees.'”

Johnson says she was recently at the AT&T store, and the girl asked where she worked. “I said, at a strip club. People find that incredibly interesting. This girl was 23 and she was not comfortable with the idea of dancing, but at the same time she was fascinated by it. And it’s not going away, women dancing and stripping, You can hate it; you can love it — it doesn’t matter.”

After so many years on the San Francisco scene, MBOT is striving to be a legitimate part of its neighborhood and the city’s business community. And to Johnson, some of that involves unfinished business.

Lou Silva was the artist who did the original mural of whales on the clubs wall. Thats what I remember as a child. My dad and uncle were connected to that community and the underground comic movement in the late 1970s. They made money, they wanted to spread the love around, so they did a giant art project on the side wall. And a couple of years before my uncle died, they started to redo it. But the project stopped when my uncle was shot. We are going to bring the whales back. Were working on it with an Academy of Art class. It will be far more peaceful and calm than a crazy jungle scene on the wall. We want to redo whales to demonstrate that we are interested in more than just sex and exploitation. We want to be connected to our community again.

Noting that the new mural is part of the beautification of Polk Street, Johnson concludes: The mural on the wall is unfinished because of Arties death. Now its time to finish it, not to have unfinished art on the wall because of some horrible, violent incident. Its an investment to show we are not the Mitchells everyone thinks we are.

Make hotels pay their share

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By Martha Hawthorne


OPINION If you ride Muni, educate your children in public schools, or rely on city services, you’ve already felt the impact of cuts to the city budget over the past few years, and it could get worse. San Francisco is facing a $522 million deficit this year. It’s expected to swell above $700 million in the next two years. Current budget balancing proposals include laying off teachers and nurses and cutting after-school programs, youth job training, street cleaning, public safety, recreation, and health services for San Franciscans and visitors alike.

While city residents and employees have sacrificed, certain Internet hotel booking sites are trying to evade more than $70 million in legally required hotel taxes. Additionally, airline companies that use San Francisco hotels to house their flight crews overnight are attempting to escape paying the hotel tax, depriving the city of millions of dollars in revenue annually.

At the same time, 5 million visitors to the city each year are not being asked to shoulder their share of the rising costs for services including public transit, public safety, and infrastructure. In fact, the hotel room surcharge in San Francisco hasn’t increased in 14 years, while costs have skyrocketed. Currently visitors to San Francisco pay the same or lower surcharge than they do in many other large cities, including New York, Los Angeles, Boston, and Houston.

That’s why we have come together to create the Stand up for San Francisco Coalition, a group of teachers, nurses, parents, public employees, and concerned citizens who believe the city needs to find new ways to fund our highest priorities. Together, we are headed to the street to collect signatures to place on the ballot an initiative that would close loopholes and make hotels pay their fair share.

This proposed measure would do three things. It would ensure that Internet hotel booking sites pay the full amount of hotel surcharge they owe — bringing millions of dollars each year into the city. It would end a practice by which airlines are attempting to not pay hotel room taxes they legally owe. And finally, it would impose a temporary visitor surcharge of 2 percent, costing the average visitor $3 per night, to support the infrastructure and services that help draw visitors and serve them during their stay, which would sunset in four years.

We are committed to thinking creatively about ways to fix our city’s budget problems, beginning with ensuring the city collects what it is owed from big hotels. Our initiative asks visitors contribute a few dollars more per night to help guarantee San Francisco is a city that lives up to its progressive values. In order to save the jobs of teachers, protect HealthySF, care for our seniors, stop service cuts to Muni, and hold the line for public safety, hotels and visitors need to pay their fair share.

Martha Hawthorne, a public health nurse, is a founder of Stand up for San Francisco and one of the official proponents of the Hotel Fairness Initiative.

Should bicycling adults wear helmets?

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Did you pedal today, on Bike to Work Day? And if so, did you wear a helmet? I biked without a helmet, and in the eyes of some, that makes me reckless and irresponsible. Similarly, they say the Guardian has done a disservice to the community by featuring photos of cyclists-sans-helmets in our current issue, a criticism we also received about our Bike Issue last year. It’s an interesting enough debate that I thought I’d move it from the comments section on my latest story up into its own blog post.

“Helmets save lives. I was amazed to go through the entire issue and not see one helmet on your biker models. Please mention this in your paper,” Jim A wrote in our comments section. And when I responded that it was a personal decision for adults (children are required by law to wear them), another commenter wrote, “So isn’t requiring bicyclists to wear helmets something that would benefit all of us in terms of preventing injuries we all pay for (not to mention emergency room costs and police reports, ambulances etc) — and therefore much more than a ‘personal decision?’”

It’s certainly true that helmets make cyclists safer and that’s why most cyclists in San Francisco wear them, but there is a significant minority who regularly ride without head protection, for reasons ranging from a simple preference to philosophical opposition to the notion that cycling is dangerous enough to require armor. The best way to make cyclists safe is to prevent them from crashing, and that means wide, hazard-free bike lanes and awareness by motorists of cyclists and our right to share the road.

“It’s an extremely fraught and charged issue. People have very strong views on both sides,” says Andy Thornley, program director with the San Francisco Bicycle Coalition. The SFBC does bike safety and urban cycling classes, which include instruction on properly fitting one’s helmet, but they stop short of exhorting everyone to wear them.

In fact, Thornley is among those who rarely wears a helmet. “On balance, you’re going to be a little safer riding with a helmet,” he told me.”But I choose not to for my own personal reasons.”

Context is important here. The most recent federal statistics on bicyclist accidents shows there were 716 bicyclists killed on roadways in the U.S. in 2008, or about 2 percent of all traffic fatalities. Certainly, helmets might have prevented some of those deaths, but from public health or statistical perspectives, this is a pretty low number.

By contrast, there were 4,378 pedestrians killed in traffic that year, but nobody is suggesting they should wear helmets, even though it’s likely helmets would have saved many of their lives. So this is about how much risk adults are willing to accept, and Thornley argues that if you’re safely cycling at the typically leisurely pace that most people ride at in cities, you’re unlikely to ever need your helmet.

“We want bicycling to be something that everyone can do without special clothing or gear or feeling the need to wear armor on their heads,” Thornley said.

He notes that in the most bike-friendly cities in the world, such as Amsterdam and Copenhagen, helmets are rare because riding a bike is widely seen as a safe, everyday activity. It would be a bit like pedestrians strapping on a helmet to cross the street, something most would interpret as slightly paranoid overkill.

Yet Thornley also admits that he’s perhaps a little ahead of his time for San Francisco, a city with few separated bike lanes or other features that would make cycling safer. But that’s starting to change, particularly on a day like today when there are so many cyclists the road, something that studies show makes them safer because motorists are more aware of them and drive more carefully.

Personally, I wear a helmet when I go mountain biking, when it’s raining, when I go for long recreational rides, sometimes when I’m wearing headphones, or if I’m just feeling unlucky or not on my game – but most of the time, I don’t. And I resent the condescending criticism that I’m being irresponsible or that I somehow deserve to be injured.

But what do you think?

P.S. BTW, those federal statistics also show that about a quarter of the bicyclists who were killed were legally drunk at the time, something to keep in mind if you hit any of the BTWD evening afterparties, including the SFBC event at Rickshaw Stop, the Rock the Bike event at the Academy of Sciences, or the Timbuk2 party at their 583 Shotwell Street headquarters. Come think of it, perhaps I should swing by my apartment on the way and grab my helmet.

Court to Chevron: consider climate change

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By Adam Lesser

news@sfbg.com

GREEN CITY When a California appellate court rejected Chevron Corporation’s attempt to expand its Richmond refinery without clarifying whether it intends to process heavier, more polluting crude oil two weeks ago, planetary concerns loomed even larger than local impacts.

Environmental and local groups celebrated a ruling against a project that would have fouled Bay Area air, but legal experts have pointed out that the long-term impact of the ruling may have less to do with crude oil refining and more to do with global warming.

Justice Ignacio John Ruvolo took nine pages of the 35-page decision specifically to address the fact that the environmental impact report (EIR) failed to outline how Chevron was going to mitigate the approximately 898,000 metric tons of carbon dioxide emissions the refinery expansion would create. The Richmond refinery is already the largest emitter of CO2 in California, clocking in at just under 4.8 million metric tons annually.

The appellate court’s ruling is the first to state that it is illegal under the California Environmental Quality Act (CEQA) to defer to a later date the mitigation of greenhouse gases. Ruvolo, representing the 3-0 ruling, wrote “incremental increases in greenhouse gases would result in significant adverse impacts to global warming, the EIR was now legally required to describe, evaluate, and ultimately adopt feasible mitigation measures that would ‘mitigate or avoid’ those impacts.”

Ruvolo goes on to point out that if the greenhouse gas mitigation is worked out later, the public wouldn’t have a chance to comment on how best to offset those emissions. Or worse: maybe adequate mitigation isn’t even possible. An amicus brief filed by the Center for Biological Diversity pointed out that mitigating 898,000 tons of greenhouse gases is equivalent to taking 160,000 cars off the road. That’s a tall order, and the appellate court wants a better EIR that lays out adequate measures to offset the added emissions.

“There was absolutely no specificity on whether the mitigation could be accomplished,” said Matt Vespa, who wrote the amicus brief. “There needs to be a clear road map of what will happen.”

Possible mitigation measures include internal efficiencies at the refinery, ranging from improved heat exchangers to carbon sequestration. But Vespa and Earthjustice attorney Will Rostov, who argued the case, are hopeful that a plan could include measures that would aid the Richmond community, such as retrofitting low income homes or installing clean sources of energy like solar panels.

The issue of mitigating greenhouse gases comes as Democrats in the U.S. Senate prepare to introduce a cap-and-trade bill. Rostov expressed concern that mitigation could occur far away from Richmond, where residents could suffer environmental harm and receive no benefits from Chevron.

Chevron has not yet said what its plans are, only that it is reviewing its options. They include cooperating with a new EIR, halting the expansion, or appealing the ruling to the California Supreme Court. On the possibility of appealing, Vespa commented, “I certainly don’t think the decision was a stretch in terms of the law.”

For now, the community waits. Richmond has a 19 percent unemployment rate and there have been mixed reactions to the project ever since a Contra Costa Superior Court halted the expansion last summer. The project had support from trade unions in need of jobs, although many residents are fearful of more pollution from a corporation it views as a bad and untrustworthy neighbor.

The political fight between the city and Chevron got worse this year as a battle over how much utility tax Chevron should pay became irresolvable. The situation is heading for a showdown in November, with both sides authoring competing ballot measures and the potential for the city to lose $10 million in revenue. A proposed 15-year agreement recently has been outlined.

The conflict over taxes is another milestone in a difficult relationship between Chevron and the citizens of Richmond. The near-term victory for those living in Richmond is a legal framework for holding Chevron responsible for pollutants it puts in the air Richmond citizens breathe.

“CEQA has been around for 40 years and it’s been protecting air and water,” Rostov told the Guardian. “This case shows that CEQA is going to protect the public health from greenhouse gases.”

Alerts

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alert@sfbg.com

WEDNESDAY, MAY 12

Fix California’s budget


Ever wonder if you could do a better job balancing the California budget than the professionals? Now’s your chance to take part in a simulated Budget Challenge that mirrors the decisions the Legislature will make in the next few weeks, accounting for all revenue and expenditures, the governor’s cuts, and more. Share your responses with the Legislature.

6 p.m., free

Richmond City Hall

450 Civic Center Plaza, Richmond

(510) 286-1400

THURSDAY, MAY 13

Ride ’em, city slickers


Join thousands of SF commuters in cycling solidarity at this year’s Bike to Work Day. Slip into the commuter convoy, which provides cool company and the safety of riding in a group; stop by an energizer station, where you can fuel up with free coffee, snacks, and goodies; and use the complimentary downtown bike parking station located at Market and Battery streets.

All day, free

Everywhere SF

www.sfbike.org/btwd

FRIDAY, MAY 14

Berkeley Critical Mass


Live in the carfree world you dream of for an evening at this monthly critical mass ride promoting self-powered commuting and community. Fill the streets with human interaction and DIY transportation!

6 p.m., free

Meet at Berkeley BART Station

Center and Shattuck, Berk.

www.berkeleycriticalmass.org

SATURDAY, MAY 15

Mourning Mothers’ March


Help raise awareness for ongoing homicide violence in Oakland and the impact it has on victims, survivors of victims, and the community at large. Mourn the senseless loss of life and spread hope for the future at this march around Lake Merritt.

Noon, free

Meet at Lake Merritt bandstand

Grand and Bellevue, Oak.

(510) 581-0100

Peace Flag-raising Ceremony


Celebrate International Conscientious Objector’s Day at this raising of a second Peace flag with war resisters from World War II, the Korean War, the Vietnam War, the Gulf War, and the Iraq and Afghanistan wars.

11 a.m., free

Civic Center Park, flagpole

2180 Milvia, Berk.

www.couragetoresist.org

Stop the Tea Party


Attend "Tea Party: Corporate and Racist Politics in Disguise," a public forum on how to fight back against extremist Tea Party politics. The event features Marsha Feinland from the Peace and Freedom Party, Don Belcher from Single-Payer Now, and Mark Ostapiak from Socialist Action.

7 p.m., $3–$5 donation

Center for Political Education

522 Valencia, SF

(415) 401-7471

TUESDAY, MAY 18

"Oakland’s Health Disparities in Black and White"


According to a report produced by the Alameda County Public Health Department, "compared to a white child in the Oakland Hills, African American children born in West Oakland can expect to die almost 15 years earlier." Hear Dr. Muntu Davis, one of the authors of the report, and representatives from the African People’s Education and Defense Fund (APEDF) discuss how the African American community can control of health care as part of the solution to the current community health crisis in Oakland.

7 p.m., free

Humanist Hall

390 27th St., Oakl.

(510) 763-3342 2

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 255-8762; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Benefits: May 5-May 11

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Ways to have fun while giving back this week

Thursday, May 6

Art Changes Lives 2010: Celebrating Color
Attend this benefit auction for Creativity Explored programs, that positively impact the lives of artists with developmental disabilities and the community that is connected to them. Featuring mistress of ceremonies Peaches Christ, cuisine by Foreign Cinema, cocktails, live music, and more. Auction features original art by Creativity Explored artists. Guests are encouraged to wear chromatic attire.
6:30 p.m., $125
Foreign Cinema
2534 Mission, SF
www.creativityexplored.org

Hysteria
Attend this benefit for the Women’s Community Clinic, a non-profit health care provider for women in San Francisco, featuring a silent auction and a comedy performance by Maria Bamford.
6 p.m., $100
Jewish Community Center
3200 California, SF
hysteria.womenscommunityclinic.org

Kestral Sound Review
Enjoy this benefit project from a local collaborative of music lovers, where curators will showcase up and coming talent through a series of mini festivals they call “Volumes.” Proceeds from the first installment will go to help fight breast cancer. The festival to feature live performances by Bye Bye Blackbirds, Grand Lake, Misirlou, and more, art by Ted Folstand and KC Skinner, photography by Christine Zona, and more.
8 p.m., $5 donation
The Tempest
431 Natoma, SF
www.kestral.org

SF AIDS Foundation Leadership Recognition Dinner
Join other community members and allies in commending vanguards in the community’s efforts to end HIV and AIDS by honoring Dr. Grant Colfax, Director of the HIV Prevention and Research Section in the SF Department of Public Health AIDS Office, Lonnie Payne-Clark, California AIDS Hotline volunteer, fundraiser, and former board member of San Francisco AIDS Foundation and Pangaea Global AIDS Foundation, and Sports Basement, a sponsor and community partner of AIDS/LifeCycle and the Greater Than One training program.
6 p.m., $200
InterContinental Hotel
Grand Ballroom, 888 Howard, SF
(415) 487-3013

Friday, May 7

First Graduate
Attend this Cap and Gown celebration and help support First Graduate, an organization that helps local youth finish high school and become the first in their families to graduate from college. Featuring live jazz, food, dancing, and dessert.
6 p.m., $175
San Francisco City Hall
1 Dr. Carlton B. Goodlett Place, SF
www.firstgraduate.org

Saturday, May 8

National Kidney Walk
Take part in this fundraising walk to help provide resources and raise awareness for the 20 million people with kidney disease in the U.S.
9 a.m.; free to walk, walkers encouraged to raise $200
One Maritime Plaza
300 Clay, SF
www.kidneywalk.org

Peralta Elementary School Community Festival
Help support Peralta Elementary, an Oakland public school for kindergarten through fifth grades, at this spring festival featuring carnival games, sing a song and pot a plant, climbing wall, music, and edible carnival treats.
Noon – 4 p.m., free
Peralta Elementary School
460 63rd St., Oak.
(510) 658-8161

Sunday, May 9

Space Odyssey
Attend Southern Exposure’s annual fundraiser and art auction featuring live and silent art auction, creative projects, food and drink, and music. Proceeds help SoEx continue to be an independent local hub for the Bay Area visual arts community.
7:30 p.m., $35-$65
Southern Exposure
3030 20th St., SF
www.soex.org

Walk to Empower
Join over 1, 000 walkers participating in this Mother’s Day Breast Cancer Walk with a goal of raising $190,000 for those affected by breast cancer.
9 a.m., minimum group purchase of $50.00
Justin Herman Plaza
Market at Embarcadero, SF
www.networkofstrength.org

In the company of bees

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Sarah@sfbg.com

GREEN ISSUE On a rainy afternoon in April, I’m standing on an abandoned military base on Alameda Island counting bees on a wild rosemary bush. In the three minutes I’ve been standing here, I’ve spotted five large, furry bumblebees, flitting from flower to flower, performing the function that keeps the whole ecosystem buzzing.

But the honeybees I often see here are absent. I’m not surprised. As I learned from Bernd Heinrich’s Bumblebee Economics (Harvard University Press, 1979) bumblebees are tundra-adapted insects that are better able to forage at low temperatures than sun-loving Italian honeybees.

I’ve been obsessed with bees for years. My sister says it began when I got stung on the bum as a toddler. My daughter says it started the day we rescued a swarm of half-drowned honeybees that had gotten stranded in high winds on a beach in Santa Cruz. All I know is that my bee obsession really bloomed when we lived on a lavender farm on the north coast of California and I found bumblebees asleep on the lavender, at night.

A beekeeper on the farm explained that, unlike honeybees, bumblebees don’t form permanent colonies. Instead, they nest in empty mouse holes and form small social groups that die out each fall. The bees sleeping on the flowers were probably male, he added; they tend to be lazier, while the females do most of the work.

He told me that only the young pregnant bumblebee queens hibernate in the fall, emerging alone the next spring to start new colonies. There are more than 4,000 species of native bees in North America. Some are the size of ants; others are territorial and drive other bees off the flowers they guard. Most are solitary, nonaggressive loners, and some aren’t that busy at all.

Curious, I bought a book about beekeeping from a clerk who told me his father once kept bees in Oakland. “Urban honey is the best,” he said, explaining that urban gardens often contain unusual and diverse collections of plants. “City bees have far more exotic choices of nectar.”

Fast-forward to the present and it seems that the general public also has taken a much more active interest in bees, particularly since 2006 when colony collapse disorder decimated honeybee populations, triggering warnings of a coming agricultural crisis and potential devastation to the ecosystem.

Scientists estimate that bees pollinate nearly three-fourths of the world’s flowering plants. These plants provide food and shelter for many species of animals. A 2008 survey by the U.S. Department of Agriculture shows that 36 percent of the 2.4 million hives in the U.S. have been lost to colony collapse disorder, which translates into billions of honeybees.

Some species of bumblebees also are vanishing. Robbin Thorp, professor emeritus of entomology at UC Davis, blames their disappearance on commercially reared bumblebees that are imported to pollinate hothouse tomatoes and then escape into the wild, where they leave pathogens on flowers (see “Buzz Kill,” 01/27/10).

But amid such big news, I’m still keeping a diary of notes on bees and focusing on my own backyard on Alameda Island, wondering how I can attract more bees. Xerces Society for Invertebrate Conservation heeded Thorp’s thesis and petitioned to stop the cross-country movement of bumblebees, but the Portland, Ore.,-based group has also produced handy pocket guides to help people like me identify bumblebees in the field.

So far I haven’t spotted the missing Western bumblebee, Bombus occidentalis. But I did see a bumblebee queen spiraling through a Potrero Hill garden on a mild day in early January. Reached by phone, Heinrich, professor emeritus of the biology department of the University of Vermont, told me that the queen would retreat into her underground hole when the weather got cold and wet again, which it soon did.

When he was writing Bumblebee Economics, which explores biological energy costs and payoffs using bumblebees as the model, Heinrich studied Bombus terricola, the yellow-banded bumble bee that was plentiful around Maine bogs in the 1970s.

“I could see dozens all at once. But since then, for years I didn’t see any at all, and since then I’ve only seen a few,” Heinrich said “Nobody figured out what happened.”

Gordon Frankie, professor and research entomologist at UC Berkeley, told me he’s happy to see the increased interest in urban bees. “People have begun to recognize that bees have a major role to play in agriculture,” Frankie said, as he and Rollin Coville, who has a doctorate in entomology from UC Berkeley and a passion for photographing insects, showed me around the experimental urban bee garden they created in 2003 at the edge of a field in downtown Berkeley.

“Bees love blues, purples, pinks, and yellows,” Frankie said, explaining that bees can see ultraviolet hues but not red flowers as we observe bees busily foraging on a blue lilac bush.

He also said bees love hanging out in open meadows where the sun shines and where they can see the flowers. “In the forest is no damn good if you’re a bee,” he said.

In July 2009, Frankie, Coville, and Thorp published an article in California Agriculture that outlined the results of bee surveys in gardens in Berkeley, La Canada Flintridge, Sacramento, San Luis Obispo, Santa Barbara, Santa Cruz, and Ukiah.

“Evidence is mounting that pollinators of crop and wild land plants are declining worldwide,” they wrote. “Results indicate that many types of residential gardens provide floral and nesting resources for the reproduction and survival of bees, especially a diversity of native bees. Habitat gardening for bees — using targeted ornamental plants — can predictably increase bee diversity and abundance and provide clear pollinator benefits.”

Frankie and Coville also helped produce a 2010 native bee calendar that features Coville’s photographs of bumble, squash, mason, carpenter, leafcutter, mining, wool carder, cuckoo, and ultragreen sweat bees, plus tips on how to attract these pin-ups by planting a variety of bee-friendly plants, avoiding pesticides, and refraining from over-mulching.

Researchers have observed almost 50 species of native bees at UC Berkeley’s bee garden, out of 85 species recorded citywide. UC Berkeley’s urban bee gardens’ Web site, (www.nature.Berkeley.edu/urbanbeegardens) notes that bees have preferences for gardens as well as flowers.

“Gardens with 10 or more species of attractive plants attracted the largest number of bees,” the Web site states, cautioning people against hanging around plants too long. “If an observer spends too long in one place hovering over the same patch of flowers, the bees will gradually begin to move on to other flowers where they won’t be bothered. To facilitate counts, it is sometimes a good idea to create little paths through the garden so that all patches are accessible to the observer.”

Here in California, high real estate prices have led to the increased paving over of bee habitat. And bees have come under additional stress in the wake of a 2006 E. coli outbreak that sickened more than 200 individuals and resulted in at least three deaths on the Central Coast. Growers have since been pressured to eliminate hedgerows, wetlands, habitat, and wildlife around farms.

But as a February 2010 Nature Conservancy report on food safety and ecological health notes, “certain on-farm food safety requirements may do little to protect human health and might in fact damage the natural resources on which agriculture and all life depend.”

These concerns have a direct, if hidden, impact on Bay Area residents, whose food supply comes almost exclusively from outside urban limits. Take San Francisco, where crop production consists of $1 million worth of orchids, flower cuttings, and sprouts on two acres of land, according to a 2008 Department of Public Health report.

Missing from that equation is the honey that local bees produced. As San Francisco beekeeper Robert MacKimmie recently noted, mites hit his hives hard in 2009. “And the summer and fall were pretty brutal since we were in the third year of drought,” MacKimmie said.

He hopes El Nino-related rains will be good for this year’s bees: more water means more flowers for bees, which rely on nectar and pollen to sustain themselves and their developing brood.

MacKimmie doesn’t have a garden and uses other people’s yards to keep his bees. “The honey serves as rent,” he said, noting that he only places two hives in each yard to disperse the bees in more equitably and sustainably. He points to the work of Gretchen LeBuhn, a San Francisco State University professor who started the Great Sunflower Project in 2008, as a fairly easy way to gather information about bee populations.

Reached by e-mail, LeBuhn said her project has more than 80,000 people signed up to plant sunflowers this year. “Participants create habitat by planting sunflowers and then contribute data to our project by taking 15 minutes to count the number of bees visiting their sunflower,” she wrote.

“The Great Sunflower Project empowers people from preschoolers to scientists to do something about this global crisis by identifying at risk pollinator communities,” LeBuhn said. “By volunteering to collect data as a group, these citizen scientists provided huge leverage on a minimal investment in science and created the first detailed international survey of pollinator health and its implications for food production.

“Getting this kind of critical scientific data at thousands of locations using traditional scientific methods would cost so much money that it is untenable,” she added.

LeBuhn encourages people to submit their bee count data at www.greatsunflower.org, which recommends growing bee balm, cosmos, rosemary, tickseed, purple coneflowers, and sunflowers. Unfortunately her data shows that “at least 20 percent of the gardens are getting very poor pollinator service.”

The public is encouraged to visit the UC Berkeley bee garden in May when public tours begin. But you might want to brush up on your Latin, the language experts speak when they hang out with the bees.

Coville saw a mason bee land on a lavender-flowered sage and said, “I think I just saw an Osmia on a Salvia mellifera!”

Frankie smiled at me and said, “It’s bee talk.”

SF smokers kicked to curb, by the cars

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By Adam Lesser

San Francisco smokers will be hit with the latest in a long lines of restrictions starting April 25, when they’ll be kicked to the curb, out by the cars whose tailpipes are at least as dangerous as secondhand smoke.

But drivers haven’t been as easy to demonize as smokers. Light up within 15 feet of a building entrance and you’ll be breaking the law. Other spots where smokers will be barred include outdoor areas at cafes and restaurants, farmer’s markets, and charity bingo games (grandma can take her wheelchair to the curb if she needs a puff).

But pot smokers need not fear. The new law maintains a provision allowing you to light up in licensed dispensaries. Smoking patios at bars are still okay, though smokers probably shouldn’t get too comfortable.

            The San Francisco Department of Public Health frames the smoking debate in terms of the impacts of secondhand smoke. And there’s some good data there. People tend to think lungs and cancer when they think smoking, but the real problem with second hand smoke is heart attacks.  A 2005 estimate from the California EPA put the number of heart attack deaths from second hand smoke at 3,600 annually. Second hand smoke contains a host of toxins from benzene to arsenic.

But it’s hard to know the incremental benefits of moving smokers to the curb. Almost all of the positive data on public health improvements from smoking bans has come from measures the city has already taken. But Mele Lau-Smith of DPH gave me a preview of the potential next battleground: third hand smoke.

“The new science that’s coming out on third hand smoke is interesting. Third hand smoke is everything that clings to furniture and hair and takes longer to dissipate. They’re smaller particles that get deeper into the lungs,” she says. The term was coined last year in the journal Pediatrics and a 2010 paper showed that nicotine reacts with nitrous acid to form carcinogenic molecules that hang around long after a smoker has left the room.

            So the news gets worse for smokers, and the anti-smoking crusade to completely eliminate smoking gains an inch. The smoking prevalence rate in California is among the lowest in the country at 14.3 percent. Most states are in the 18-20 percent range.

            And while it’s all well and good, one wonders if there are other problems in the air besides second hand smoke. Choosing to live in an urban area like San Francisco lowers one’s life expectancy by two years, and one of the major reasons for that is auto exhaust and illnesses related to poorer air quality.

            Mark Jacobson, Professor of Civil and Environmental Engineering at Stanford University, believes the government should keep regulating until smoking is eliminated. But when comparing deaths from automobile emissions versus second hand smoke, he added, “If you look at the mass of the automobile exhaust, then you’re looking at a much bigger figure than second hand smoke. Vehicle exhaust is still way under regulated for addressing health concerns.” Over 2 million people die globally from air pollution each year. About 500,000 die from second hand smoke.

            In the end, Jacobson says it comes down to combustion. When you start burning, you release toxins that eventually hurt or kill people. It doesn’t matter if it’s diesel fuel, gasoline, or tobacco. Combustible products harm public health, and in the case of oil, the environment.

Smokers have proven ideal targets for taxes. San Francisco smokers pay $2.08 in taxes on every pack of cigarettes. When you’re in the minority and the government needs cash, it’s a political no brainer. A 20 cent cigarette tax was tacked on by the Board of Supervisors last October, done under the argument that the money was needed to clean up cigarette butts. Recent proposals to add a local 10 cent tax on gasoline in order to help various cash strapped public transit agencies haven’t found much traction.

So smokers, enjoy the summer. It’ll be the last summer you can light up after an outdoor sunset meal. The smoking ban at restaurants won’t be implemented for another six months.

But come November you’ll be enjoying that smoke out by the curb, where you’ll also be treated to some car exhaust. But, hey, at this point you’re probably all in anyways.

Revenue for all

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OPINION Cut, cut, cut, cut, cut: this is the sound of your government — parks, schools, playgrounds, hospitals, clinics, public transportation, programs for youth and seniors, arts, social services, the whole fabric that makes San Francisco what it is — fading away as state and local politicians refuse to raise revenue to revitalize our economy.

Mayor Gavin Newsom and big business groups have promoted a defeatist politics of low expectations, cutting spending, laying off city workers by the thousands, and offering tax breaks to businesses and developers rather than tapping San Francisco’s deep pockets of wealth to generate economic opportunities citywide.

It’s time for a new path: a fiscal politics of optimism, opportunity, and addition rather than subtraction. It’s time for an unapologetic progressive taxation movement for this November’s ballot and beyond, to make the city’s great wealth — individual and corporate, often badly undertaxed — work for all San Franciscans.

As California crumbles, local revenue movements could fuel a statewide campaign of towns, cities, and counties to overturn Proposition 13. San Francisco can take the lead with progressive taxation to create jobs, promote small neighborhood businesses, expand affordable housing and public transit, save public health, and more.

A citywide campaign for progressive taxes is building, including leaders from community-based nonprofits, grassroots organizing and neighborhood groups, labor unions, and some corners of City Hall. There are many promising ideas; with the right political will and organizing, the city could, for instance, tax large-scale real estate and levy profits from large firms. Progressive taxes could, at minimum, bring in close to $100 million and help save critical city services.

To win this campaign, a strong coalition must educate and mobilize the public about the vital importance — and citywide benefit — of raising revenue through targeted taxes on large firms and wealthy individuals. The city’s political leaders will need prodding, pressure, and support to get this done.

Progressive taxation will benefit all of San Francisco, not just some — working-class people of color and immigrants who endure the cuts’ harshest effects, everyone from youths to seniors, and vitally needed city employees like social workers, nurses, librarians, park workers, and firefighters.

The politics of austerity poses false choices between public safety and public health — as if health isn’t a safety issue. San Franciscans of all stripes must reject the pitting of services and "constituencies" against each other, reject the wedge politics that pit labor against nonprofits (both of which work to uplift working-class and poor residents), and unify around progressive revenue.

Nobody likes taxes, least of all the middle class, working class, and poor (the vast majority of us) who shoulder the bulk of the burden. But wealthy individuals and corporations can and must pay their fair share. According to a 2007 World Wealth Report produced by Merrill Lynch, 123,621 households in the Bay Area — many of them in San Francisco — "had $1 million or more in financial assets in 2007, up 10.8 percent from the year before," the San Francisco Chronicle reported.

At a Feb. 14, 2007 Town Hall on Poverty in Bayview-Hunters Point, Newsom asserted, "we haven’t addressed the wealth divide; we haven’t addressed the health divide; we haven’t addressed the economic divide … why in a city like San Francisco has income inequality grown like it has?"

Yet Newsom and others continue to avoid progressive taxation — despite polls suggesting such measures can win. Tell Mayor Newsom, and your district supervisor, to make San Francisco’s wealth work for everyone. Now. *

Christopher Cook, an award-winning journalist and former Bay Guardian city editor, is communications director for the Revenue for All campaign of Budget Justice, a coalition of members from dozens of community organizations, labor unions and their allies working to raise revenue and protect the most vulnerable San Franciscans from budget cuts.

Newsom’s plan means service cuts

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The San Francisco Controller’s Office says that Mayor Newsom’s plan to lay off 15,000 city employees then hire most of them back at a reduced workweek will save $110 million. The Examiner quotes the mayor:


“The 37½-hour idea was a way of equalizing,” Newsom said in an interview Tuesday. “I would have to go to every single labor union, open contracts that are closed and engage with those open contracts in collective bargaining for each and every local.
“Every labor union is in this together. We aren’t going to pick and choose. That being said, they are coming back Thursday with a set of alternatives, and I will keep an open mind.”


Actually, it’s not exactly equalizing — no police officers or firefighters will get what amounts to 6.25 percent pay cuts. But here’s the more important issue:


The mayor — and, to a great extent, the newspapers — present this as a simple way of saving money; sure, the workers take a little hit in their pay, but jobs are preserved. What nobody’s saying is that this will amount to more very significant service cuts.


Take 15,000 employees and cut 2.5 hours from each of their workweeks. That’s 37,500 hours of work a week, or the equivalent of 937 full-time jobs. So one of two things are going to happen: Either city employees are going to be working 40 hours for 37.5 hours pay — that is, taking a direct pay cut, which is what I think Newsom really wants — or the city’s going to lose the equivalent of 937 workers.


If you assume that it’s unfair to ask people to work 40 hours for 37.5 hours pay (and if you assume, as I do, that the unions won’t stand for that), we’re going to be talking about service cuts — work that doesn’t get done. And where will those cuts happen? Guess what — it’s the usual places.


Public health takes the biggest hit, with $35.5 million in “savings” (actually, cuts) over the next 14 months. Human Services gets $10 million cut, and Muni about $8 million.


That means longer lines and sicker people at SF General, and more broken buses with no mechanics to fix them, which means slower Muni service … you get the picture.


I’m not saying that we don’t need cuts, and you could argue that it’s more fair to cut everyone’s pay a little than to eliminate 937 jobs altogether. But let’s be honest about this — it’s not just “salary savings.” It’s service cuts. On top of last year’s service cuts, on top of the previous year’s service cuts … and it’s being done without any real overall plan for what services we need to provide and what takes priority.


And of course, it’s being done with no discussion at all of raising new revenue.  

The battle for the forgotten district

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sarah@sfbg.com

This November, when voters in District 10 — the largest, sunniest, and most diverse of the city’s 11 supervisorial districts — replace termed out Sup. Sophie Maxwell, they’ll be making a selection that could have pivotal implications for the entire city.

That’s because the next supervisor from southeast San Francisco inherits a district that is home to some of the city’s biggest environmental and public health challenges, as well as the most potential for development that will determine what kind of city San Francisco becomes.

District 10 is where you’ll find the most polluted and most underdeveloped lands in San Francisco, areas that could either be transformed into models of a sustainability or, in the words of Tony Kelly, the president of Potrero Boosters Neighborhood Association, “be turned into a toxic Foster City.”

District 10 is where the slaughterhouses, tanneries, and glue factories set up shop and used the bay as a dumping ground. It’s where the smokestacks of coal and oil fired power plants polluted the air. It’s where the Navy filled the Bay, built a shipyard at Hunters Point and loaded parts of the first atomic bomb onto the USS Indianapolis in 1945.

District 10 is where the bottom fell out of this industrial economy in 1974, when the Navy left, taking with it people’s jobs, pay, and hopes for a home of their own and a better future, particularly for what was then a predominantly African American population.

And District 10 is ground zero for plans that will triple the population and double the number of homes — homes that likely will only be “affordable” to Google executives and retirees from Marin, forever changing the face of San Francisco’s southeast sector. Critics fear that will accelerate what has been a steady exodus of black residents, replaced by megadeveloper Lennar’s vision for a new D10.

It’s against this dark history and difficult present that a wide open field of more than a dozen candidates are vying to replace Maxwell, who came to power in 2000 and has had a mixed voting record in her decade on the board. Sometimes, Maxwell was the eighth vote that let the progressive majority on the Board override Mayor Gavin Newsom’s veto and pass trailblazing legislation. Other times, she was the swing vote that allowed the moderate minority to carry Newsom’s water.

So, in addition to D10’s many internal challenges, this seat could determine the political balance of power on the Board of Supervisors, placing all the more importance on voters in this long-marginalized part of town.

 

DISTRICT OF DISCONTENT

Eric Smith, a biodiesel activist who has thrown his hat in the D10 ring, says that there is a lot of frustration in the air, and looking at the problems the district is facing, it’s hardly surprising that it has what nearly every candidate agrees is a fractured political culture.

“The Bayview, the Hunters Point Shipyard’s toxic Superfund site, the homicide rate, unemployment, poor public transportation, dwindling services and community resources have made D10 one of the city’s largest melting pots of discontent,” Smith said.

Smith’s words were spoken while the Elections Department was verifying signatures earlier this month on a second failed effort to qualify a petition to recall Maxwell.

Bayview resident and D10 candidate Marie Franklin didn’t support the attempt to recall Maxwell, but she understood it as “a frustration movement.”

“People are sinking in the sand, we’ve already lost so many of them, and they felt Sophie wasn’t doing anything for them,” said Franklin, who praised Maxwell for helping get Franklin’s apartment building complex renovated — a job that was completed 18 months ago, at a cost of $65 million, creating 500 local jobs.

“There are 654 units here, and they were uninhabitable,” Franklin said. “There was black mold, rain falling inside. We had people living worse than Haiti.”

Franklin, who said she is running because she “knows the history,” came here in 1978, when she and her son were living in a car after a fire left them homeless. She said the Bayview was a totally isolated area, barely part of mainstream San Francisco.

“There were no taxis, no services,” she recalled. “Nobody would come here, it was the stigmatized area where no one was accountable to provide services.”

The Bayview — which in some ways is the heart of D-!0 — wasn’t always a black community. But African Americans have been living here for 70 years, dealing with all the racism, denial of services, poverty, and pollution. And it bothers Franklin that 85 percent of the 10,500 homes that Lennar plans to develop won’t be affordable to the elderly, disabled, unemployed and low-income people who currently live in the Bayview.

“We need to preserve the diversity of the community and make sure their issues and information will flow to City Hall,” she said. “You must give the people a handle. If you don’t reach out, they’ll slip. That’s why folks out migrated.

Whoever succeeds Maxwell will be a central player in addressing some very big and dirty issues: the future of the Navy’s radiologically impacted shipyard at Hunters Point, Lennar’s massive redevelopment plan for the Shipyard and Candlestick Point, the polluting power plants, replacement of stinky digesters at the sewage plant, and the SF Hope public lousing rebuild.

There’s also the chance to address violence and crime. James Calloway, a candidate who has long worked in Bay Area schools, told us he believes that education and jobs are part of the keys to rejuvenating the district.

“Job opportunities are not as plentiful in the district,” Calloway said. “When I was a kid, you could walk down Third Street at 2 a.m. Now I wouldn’t walk down it at 9 p.m., and I know the area.”

Calloway is hopeful that the massive redevelopment plan, if done correctly, could start the district’s comeback. “Not a lot of black folks stay here when they have extensive education,” he said. “But it’s not only them. Many were displaced by redevelopment and had no way to go back.”

 

ELECTION UP FOR GRABS

The largest of the city’s 11 electoral districts, D10 is a huge triangular piece of land in the city’s southeast sector that was used as an industrial dumping zone for decades. Today, the district runs from the Giants stadium at AT&T Park to the 49ers stadium at Candlestick Point and encompasses Mission Bay, Potrero Hill, Dogpatch, India Basin, Portola, Little Hollywood, and Visitacion Valley. It’s also crossed by two freeways that isolate it from the rest of the city, and is home to a large number of crumbling housing projects that are in the process of being rebuilt.

Candidate Ed Donaldson grew up in the projects until he was 10 years old, when the Redevelopment Agency kicked his family out in the 1970s. “We landed on our feet, but others weren’t so lucky,” said Donaldson, who works as a housing counseling director at the San Francisco Housing Development Corporation.

“There is a sense that the Bayview and Visitacion Valley have not been included within the San Francisco family,” Donaldson said. “There is a sense of being forgotten.”

In 2007, Donaldson co-founded the Osiris Coalition to tackle the city’s dormant Certificate of Preference program, in which the Redevelopment Agency issued a document to displaced residents and businesses in the 1960s promising that they could return.

He also tried to rescue some 700 foreclosed properties and recycle them as affordable housing stock. And now he is trying to prevent the city from bulldozing seven SF Hope projects without guaranteeing residents that they have right to remain.

In 2007, Mayor Gavin Newsom and Maxwell convened an African American Outmigration Task Force that didn’t get a public hearing about its findings until August 2008. The timing angered some, who questioned why the report’s findings and implications for urban planning weren’t released before June 2008, when the residents of San Francisco voted for the Lennar-led Proposition G, a proposal to build 10,000 market rate homes at one of San Francisco’s last remaining black communities, which Newsom and Maxwell endorsed.

The taskforce didn’t publish its recommendations until the end of 2009, allegedly because of insider squabbling. Meanwhile, gentrification was going on actively, and many blamed Newsom, and by extension Maxwell, for failing to do anything with the group’s findings as D10 residents continued to suffer from high rates of asthma, cancer, unemployment and an ongoing black exodus.

It wasn’t always this way. In the 1940s, the district’s black population exploded when migrants from the south and World War II veterans came to work at the Hunters Point Naval Shipyard. Some moved to Alice Griffith Public Housing complex, or Double Rock, which was built as military housing in 1962. Others relocated to the Bayview when the Redevelopment Agency took over the Fillmore/Western Addition in the ’60s and ’70s as part of a controversial urban renewal effort.

But when the Navy abandoned the shipyard in 1974, unemployment hit the black community hard. Today, hundreds of the city’s lowest income residents live in Alice Griffith’s crumbling units and endure sewage backups, no heat, cloudy drinking water and leaking ceilings, as they wait for the projects to be rebuilt.

“Generations have been trapped in the silo of public housing and cannot get out, because of lack of opportunity and education, so when we legislate, we need to take that into consideration,” said candidate Malia Cohen, whose grandfather came from Texas to work at the shipyard where he met her grandmother, whose family came from New Orleans.

“My grandfather’s father was a longshoreman. He worked with the infamous Leroy King [a commissioner at the city’s Redevelopment Agency] and he has fantastically vivid stories of racism,” said Cohen, who works for the Federal Reserve Bank of San Francisco, previously served on the executive staff of Mayor Gavin Newsom, and has already raised over $18,000 in the D10 race and qualified for public matching funds.

“My family came here to work hard, they lived on Navy road in the projects, and then they bought a house here. My parents were born here, and we were all public schooled,” Cohen recalled as she took me on a tour of D10 that ended up in Visitacion Valley, an increasingly Chinese-American neighborhood that reflects a district-wide trend.

Census data show that by 2000, Asians were the largest racial group in the district (30 percent), followed by blacks (29 percent), whites (26 percent), and Latinos (19 percent). By 2003, according to the California Urban Issues project, the trend continued. Asians were the largest racial group (32 percent), followed by blacks (27 percent), whites (21 percent) and Latinos (17 percent) of the population.

This means that D10 candidates will have to garner support from more than one ethnic group to win. Over a dozen candidates have already filed papers in the race, but so far there is no clear front-runner.

Also frustrating the prognosticators is that fact that D10 has had the lowest voter turnout in the city, so the winner will also depend on who goes to the polls.

D10 candidate Geoffrea Morris, who is the grand daughter of longtime Bayview activist Charlie Walker, has been knocking on doors and participating in voter registration drives.

“We need new blood,” Morris said

Getting elected will be a complicated equation. Although Bayview’s population was 50 percent African American at the time of the 2000 census, it didn’t turn out the vote. In the 2006 election, only 14,000 of the district’s 37,000 registered voters went to the ballot, and 50 percent were from whiter, richer, and more Asian neighborhoods.

“It’s very important to the future of the city that the ethnicity diversity of the board be maintained and that the African American community have representation,” former Board President and current Democratic Party chair Aaron Peskin told the Guardian.

Maxwell recently told the Guardian that she’s not ready to endorse any D10 candidates yet. “I’m waiting for people to have a better understanding of what this community is, what the common thread running through it is, and how to use rank choice voting,” she told us.

The only candidate who currently holds elected office is BART director Lynette Sweet, who had her answers down pat when we reached her by phone, and even used wording that was eerily similar to Maxwell’s words.

“D10 is a pretty diverse district, but there is only one common thread: the need for economic development,” Sweet told me. “That’s true in Potrero Hill, Portola, Dog Patch and the Bayview. It’s the same mantra: a lot of small businesses need help, and the only way to help them is through economic development. In Potrero Hill it’s about land use. In the Bayview, it’s about the shipyard and better transportation and truancies.”

 

THE COMMON THREAD

District 10 is ground zero for the Lennar’s $2.2 billion plan to develop 10,500 market rate condos at the Shipyard and Candlestick Point. The plan will allegedly create thousands of jobs and new parks, deliver on an historic community benefits agreement that labor groups claim is so “lawyered up” that the developer can’t renege on its promises.

The package is framed as the one and only way to revitalize the southeast’s formerly vibrant economic engine. Indeed, any time anyone tries to slow down the process—to take time to thoroughly read the draft EIR and see if it adequately addresses the impacts of this massive urban reengineering project — a chorus of “no delays” starts up, either from residents of the housing projects desperate to see their homes rebuilt, or the labor contractors who hope to get jobs.

“It’s as if the city is playing checkers, while Lennar is playing three-dimensional chess,” Eric Smith observed.

Lennar has stated that it will contribute $711 million to finance this massive project. The remainder will be leveraged by Mello-Roos bonds, state taxes based on the use and size of a property and intended to raise money for needed services, and tax increment financing, which creates funding for projects by borrowing against future property tax revenues.

The conceptual plan won Maxwell’s backing but environmental groups are critical of the draft EIR.

During DEIR hearing, environmentalists questioned the wisdom and the cost of filling the Bay to build a bridge over Yosemite Slough, and building condos on Candlestick Point state recreation area, the only open major open space in the district.

But the city’s Planning Department also has 20,000-30,000 units of housing in its pipeline. This means that if all these plans get approved in the next decade, they’d account for 80 percent of residential development citywide. And D10’s population could triple, further skewing the district’s already shifting demographics.

In other words, D10 as we know it could become nothing more than a historic relic in a few years, and the next supervisor will play a key role in deciding whether that happens. SFHDC’s Ed Donaldson warns that any supervisor who does not understand the complexity of the city’s largest district can expect a similar recall backlash in future.

“There is no one homogenous voice in the community,” Donaldson said. “The grass-roots organizing that brought about the recall effort was a result of a changing political structure in the area, but is not yet on par with other districts in town. We still allow our politics to be controlled from downtown.”

Fellow candidate Eric Smith warns that the issues—and politics—are complex.

“People were emotional, angry, and desperate because they feel no one listens to them,” Smith said. “That’s part of the problem here; they would rather have a supervisor go down swinging for them, rather than watch one seemingly side with Lennar, PG&E and the mayor on issues contrary to their interests. That’s the terrible irony and one of the biggest problems in District 10. Folks are so mad, they’re willing to do whatever it takes to make them feel they have a voice in the outcome, even if it’s potentially worse.”

Smith cited the sequence of events that culminated last year in the Navy dissolving the community-based shipyard Restoration Advisory Board (RAB), which for years has reviewed technical documents and commented on the Navy’s clean-up proposals. But in December, the Navy made its official decision to disband the RAB, citing dysfunctional behavior and off-topic discussions that got in the way.

“Some of the same folks who were frustrated by the process, tried to send a signal to the Navy that they weren’t being heard and for all their well-intentioned efforts got the RAB dissolved,” Smith said. “I truly feel for them, it’s absolutely heartbreaking, but at times, they can be their own worst enemy.”

One of the looming issues about the shipyard is that the land has been polluted and needs to be cleaned. The shipyard contains radioactive debris from ships towed to the shipyard, after a 90-foot wave washed over them during an atomic test gone awry. The Navy burned 610,000 gallons of radioactively contaminated ship fuel at the shipyard, and workers showered on the shipyard, raising concerns that radioactive materials got into the drains and sewers. And questions have been raised about radiological tests on animals at the yard.

 

LEAKS AND FLOODS

It’s not just the shipyard that’s toxic. Even the buildings that were constructed to house workers 50 years ago are a serious mess.

Realtor Diane Wesley Smith, who grew up in public housing projects, took me on a walking tour of Alice Griffith last week to see conditions that tenants will likely have to endure until at least 2014, if the city sticks to its plan to relocate people into a new replacement unit in the same geographical area, if not the exact same site.

What we found was pretty messed up.

“The water sometimes comes out brown and feels like sand. It’s been like that for a year,” one resident said.

“The water is cloudy, the bath tub isn’t working and the sink keeps stopping up,” said another.

A woman named Silvia showed us how the water from the tap in her elderly mother’s kitchen flows out cloudy and then doesn’t settle properly, like foamy beer.

“The roof’s been leaking for years, the sewage backs up, but they just fixed the lights,” Silvia said. A neighbor named Linda was using her oven as a heater.

“The toilet backs up a lot, and my grandson’s been coughing a lot from asthma,” Linda said.

“Roaches is always a problem,” said a woman named Stormi, dressed in black sweats and a black T-shirt that read, “Can’t knock the hustle.”

“They’re trying,” said Stormi, a member of the Alice Griffith Residents Association, as a couple of Housing Authority trucks pulled up to do repairs.

“They promise that you will not have to leave your unit, but if they try to move us down to the waterfront, well, there’s a reason there’s no housing there, and it’s because the land will flood,” Stormi said.

“If we don’t end up at the table, we’ll end up on the menu,” Wesley Smith warned, as she stopped to chat with a group of young men, who were worried they would pushed out of the Alice Griffith rebuild through the criteria being established.

“Fred Blackwell, the executive director of the Redevelopment Agency, assures me that’s not the case, but Alice Griffith is a Housing Authority property, and empty promises have the potential to be great promises provided they are made in writing,” Wesley Smith said as we walked out of the projects and onto the road where a yellow and black sign announced “flooded” next to Candlestick Point park, where Lennar wants to build.

Malia Cohen expressed concern about Hope SF residents, as we drove through the Sunnydale housing project.

“We have to be diligent and mindful that people are not pushed out,” Cohen said, noting the sweeping views at Gleneagles golf course above Sunnydale, and the value of housing for a golf course community. “When public housing gets taken offline, we must work with Redevelopment and the Housing Authority to make sure no one is changing the rules halfway. We have to make sure the talks and walks line up. We need to be equal partners. We cannot be bulldozed by City Hall.”

Geoffrea Morris is a Calworks employee, at the Southeast Community College facility on Oakdale, which was built to mitigate the city’s expansion of the sewage plant in 1987. She cited concerns about the literacy levels of people who live in the 2200 public housing units that cluster D10. “A lot of people in Alice Griffith don’t even know the dates or when it’s going to be reconstructed,” Morris said. “Folks like to be told stuff like that, but the city gives you a stack of papers. Some will read them, but others rely on folks they think are trustworthy. They need stuff in layman’s terms written on one sheet of paper.”

Morris is a fan of the Internet who posted a community survey online, and made sure every housing project got some literature telling people to get informed. She worries about the digital divide in D10:

“A lot of folks don’t have computers and access to important information,” Morris said. “And let’s talk about the way ‘affordable’ is used to trick people.”

Michael Cohen, Newsom’s top economic adviser, recently stated in a memo that over the expected 15-20 year phased build out, Lennar’s Candlestick-Shipyard development would include, “up to 10,500 residential units, about 32 percent of which (3,345) will be offered at below market rates.”

“But 892 units of this ‘affordable category’ will be sold to folks earning $100,000,” Morris said. “So if you subtract 892 units from affordable unit category, you’re back to 25 percent affordable.”

Candidate Kristine Enea, an attorney and a former RAB member, chairs the India Basin Neighborhood Association, which administers a US EPA grant to hire experts to translate the Navy’s cleanup documents into plain English and comment on them She was frustrated by the Navy’s decision to dissolve the RAB.

“The lack of a forum does nothing to bolster the community’s trust in the cleanup or the redevelopment process,” Enea said.

Enea generally supports the Lennar project, but has concerns about whether it will adequately mitigate increased car traffic, or result in commercial development that benefits her neighborhood.

“India basin is a pocket of Hunters Point right along the shoreline,” Enea said. “Right now, we have no shops or restaurants, no ATM, no groceries, nothing beyond one liquor store and a few industrial businesses.

Potrero Boosters president Tony Kelly told us that District 10 residents can think for themselves. “D10 residents don’t need to rely on corporations to solve their problems,” he said.

“Folks in the eastern neighborhoods came up with a better revitalization plan than what the city proposed and community activists managed to close the power plant, after the city said it was impossible,” Kelly recalled.

And there’s no shortage of good ideas.

Kelly suggested that an urban agriculture center could immediately put low-skilled folks to work by erecting greenhouses on unused land. Smith said the industrial zone could be “incredible eco-park made from sustainable sources.

‘D 10 is the dumping ground for everything, including all the city’s waste,” he said. “We could be a shining example, not just for D 10, but the rest of the state.”

The D 10 candidate line up includes Calloway, Cohen, Donaldson, Smith, Enea: civil rights attorney Dewitt Lacy, Morris, Potrero View publisher Steve Moss; District 7 BART director Lynette Sweet, Wesley-Smith. Bill Barnes, who works for Sup. Michela Alioto-Pier, and Linda Richardson, who was appointed to the Human Rights Commission in 2007 by Mayor Newsom, have also expressed interest in the race.

In such a huge field, name identification will play a major role. Sweet is in office, but BART Board is not a high-profile job and won’t give her a huge advantage.

Cohen has a slight edge right now in that she’s raised $18,505, including $500 from former Newsom flak Peter Ragone, making her the first D. 10 candidate to qualify for campaign financing. The oldest of five girls, Cohen recalls how her mother got laid off from her city job as a school-based mental health worker and then rehired, as part of the city’s budget cuts.

“We felt that pinch and the frustrating games that are played out between the leadership and the rank and file,” she said.

Cohen who worked for Newsom in his first term as mayor, but has since left his administration , said she is uncomfortable at being framed as Newsom’s candidate.

“Because I’m not, but I am one of the few candidates who has seen how the mayor and the Board work—and don’t work—together,” she said.

Moss sees the city’s southeast as a “district in transition.” Over coffee at Farley’s in Potrero Hill, he told me that the southeastern neighborhoods could be “launching pads for environmentally sustainable growth.”

“The district’s been in a frozen period for 30 years, But despite the problems, people are deeply committed to and in love with their community.

“This district is the future of San Francisco and its social fabric—the diversity, income –and its problems are leftovers from the city’s industrial age.”

 

 


 

DISTRICT 10, BY THE NUMBERS

Total Acres: 5,650

Average household income: $85,000

Population: 73,000

Registered voters: 37,700

Average housing price: $335,000

Ethnicity (2003 figures): Asian 32%, African American, 27%, white 21%, Hispanic 17%

Development status of land: 18% residential, 38% is commercial, 38% undevelopable

All figures the latest available. Sources: SFGIS, Association of Bay Area Governments, U.S. Census, California Urban Issues Project. Ethnicity and income data is from 2003 and almost certainly has changed.

Economy vs. environment

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By Adam Lesser

news@sfbg.com

GREEN CITY The Port of Oakland has long been a battleground that pits economic development against environmental justice, a dichotomy that has become all the more fraught with emotional baggage during the current recession.

For years, West Oakland residents, environmentalists, and public health officials have demanded that government officials do something about the long lines of old, idling diesel trucks that spew toxic emissions that have sickened the surrounding community (see “The polluting Port,” 3/24/09).

When the state finally mandated expensive retrofits of the oldest trucks at the start of this year, truckers and their allies reacted angrily to what they called a job-killing regulation. But rather than viewing such fights in isolation, a new Bay Area movement is seeking to broaden the debates within what it labels the “toxic triangle” extending from the Port of Oakland to San Francisco’s Bayview-Hunters Point to the city of Richmond.

Citing concern for how to effectively address the cumulative impact of pollution, community groups including the West Oakland Environmental Indicators Project and Asian Pacific Environmental Network are sponsoring the Toxic Triangle Hearings. The first hearing was held Feb. 13 in Oakland; the next two hearings will take place later this year in the other two triangle points.

At the first hearing, supporters introduced their cumulative impact pledge, a request that agencies ranging from the Environmental Protection Agency to the California Air Resources Board work together to define emission limits for an entire area and to collectively adopt reduction strategies. The ultimate goal is an environmental justice ordinance that would require any new project to receive an “EJ permit” before a proposed project was allowed to move forward.

The city of Cincinnati approved a similar system last June, but it was put on hold this month due to concerns about the cost of implementing it during these hard economic times. The delay in Cincinnati points to an emerging theme in the narrative from lawmakers and corporations. With high unemployment and huge government budget deficits, can we afford to further regulate pollution?

California Assembly Member Nancy Skinner, who represents Richmond, was on hand at the Toxic Triangle Hearings. Questions arose about the ongoing legal battle between community groups and Chevron, which wants to expand its Richmond refinery. The refinery is the largest in Northern California, with a capacity of 240,000 barrels of crude oil per day.

The retrofit is on hold after a court rejected the project’s EIR, asking Chevron to clarify whether the expanded refinery would process heavy crude oil, which generates more pollution. A Jan. 19 editorial in the Contra Costa Times made the pro-business argument, claiming that Chevron “is poised to shut down its Richmond refinery operations” and laying blame on environmentalists.

“All we know is that the Chevron people have talked of change — there’s been a shift,” Skinner said. “They’re looking at all their North American operations. That doesn’t mean we just roll over. But it means that we have to be aware of that when we sit at the table.”

But environmentalists question whether closing the Richmond refinery is a realistic threat from Chevron, or merely a negotiating tactic. “There is no credible scenario in which this refinery will close anytime soon for business reasons,” said Greg Karras, a senior scientist for Communities for a Better Environment. “The issue is whether Chevron can move to heavier oil and whether they have to disclose that. It has nothing to do with jobs.”

The Toxic Triangle Hearings highlight this perceived conflict between the economy and the environment. But Karras called the dichotomy a “false choice,” arguing that the greatest potential for job growth lies in innovation and green jobs, not a refinery expansion.

APEN’s State Organizing Director Mari Rose Taruc agreed: “We want people to have jobs and make it out of the recession. But we’re not going to trade our health and the ailing conditions of our community for something worse.”

Taruc sounded frustrated, similar to the tone Karras expressed when faced with the question of the economic impact of environmental regulation. For now, she said the rationale for delay is the recession, but “when the economy is good, there would be another excuse.”

Recalling Sophie Maxwell

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Written with Adrian Castañeda

maxwell.jpg
Does it make sense to try and recall termed-out D. 10 Sup. Sophie Maxwell?


A group of District 10 residents has turned in 8,008 signatures in an effort to recall Sup. Sophie Maxwell. Election department staff says that 7,529 signatures must be verified for the recall attempt to go forward.

‘We think it’s going to be a little tight,” said an election department worker, who preferred to remain anonymous.

Department of Elections staff have 30 days to count and verify the submitted signatures, but they predict the process could be completed as early as Thursday afternoon (Feb. 4) or Friday morning (Feb. 5).

Meanwhile, Maxwell is termed-out in January 2011–a mere 11 months away. And 15 candidates have already filed to enter the D. 10 race this fall, with a dozen others variously threatening to throw their hats in the ring.

But if the recall effort gets the green light and is placed on the June 8 ballot, and if Maxwell actually gets recalled as a result of that vote, Mayor Gavin Newsom would then get to appoint his choice of successor to her seat. And if that successor happens to be one of the candidates vying for Maxwell’s seat, wouldn’t that person have an enviable edge come the November election?

Bayview activist Daniel Landry insists the recall effort would be effective. 
“We’re sending a message to anyone who wants to be a supervisor of D-10, you must recognize the will of the voters,” Landry said.

D 10 candidate Ed Donaldson warns that any supervisor that does not understand the complexity of the city’s largest district can expect a similar backlash. He says the recall effort is evidence of District 10’s diversity.
“There is no one homogenous voice in the community,” Donaldson said.
He says that the current grass-roots organizing that brought about the recall effort is a result of changing political structure in the area, but is not yet on par with the other districts in town.
“We still allow our politics to be controlled from downtown,” Donaldson observed.

D 10 candidate Espanola Jackson warns that if Newsom appoints someone, that person had better listen to the wishes of the community, or else they will face a similar fate to Maxwell.

“What the mayor needs to understand is that if we can get the signatures in two weeks to recall Sophie, we can get them on whoever he appoints as well,” Jackson said.

But D 10 candidate Eric Smith worries that the recall effort will backfire. He cites a recent community meeting in the Bayview on the Department of Park and Recreation’s budget, as an example of why folks are turning to this seemingly desperate strategy.

“People were emotional, angry and desperate, because they feel no one listens to them,” Smith said. “That’s part of the problem here; they would rather have a supervisor go down swinging for them, rather than watch one seemingly side with Lennar, PG&E and the Mayor on issues contrary to their interests. At the DCCC [Democratic County Central Committee] last week, everyone except Chris Daly voted against the recall in support of Sophie.”

Smith added that Daly’s vote, “likely had more to do with his belief that this was a waste of time and had no chance of actually succeeding, but you’ll have to ask him.”

Daly, for his part, says he doesn’t believe the recall effort will qualify.

“Jake McGoldrick introduced an item in committee when he was a supervisor that the Board then passed that doubles the numbers of signatures required for a recall to qualify,” Daly said, noting that under the old recall rules the current effort would likely have succeeded in getting onto the ballot.

“And I don’t think the DCCC’s resolution against the recall effort was accurate,” Daly added. “It was long on the fact that Sophie isn’t guilty of malfeasance, but the truth is that a recall is a tool of democracy that is available and can be applied in cases where a representative is not being responsible to the needs of their district. So, while I’m not supportive of recalling Sophie, it would be patronizing for me to say that thousands of D. 10 residents don’t know what they are doing. The Democratic Party (with a capital D) is working against democracy (with a small d) in a patronizing way in a district that has a disproportionately high number of low-income folks and people of color. There is a significant level of disgruntlement, if that is a word, in District 10, and its residents have lodged a pretty real and significant complaint.”

Aaron Peskin, who chairs the DCCC’s executive board and is the former President of the San Francisco Board of Supervisors, also predicts that the effort to recall Maxwell is probably headed nowhere.

“There’s no way they got the numbers,” Peskin said. “You’re lucky if 50 percent of that shit runs.”

Peskin proffers three reasons why recalling Maxwell is against the community’s own interests.
“First, recalls are an instrument to be used when a representative has committed malfeasance, and not because you disagree with the political positions of a person who has been duly elected three times,” Peskin said. “Second, this elected official is in her last eleven months in office. So, it’s a huge waste of time and money. And third, for those not satisfied with their current supervisor, any representative that the mayor might nominate would be far, far worse.”

Smith also worries that the recall effort is akin to the community shooting itself in the foot.

“If Sophie gets recalled, (and that is a very big if), the Mayor will insert someone and we may be right back where we started from, or worse. That’s the terrible irony and one of the biggest problems in District 10. Folks are so mad, they’re willing to do whatever it takes to make them feel they have a voice in the outcome, even if it’s potentially worse. The same thing happened with the Navy and the Restoration Advisory Board. Some of the same folks who were frustrated by the process, tried to send a signal to the Navy that they weren’t being heard and for all their well- intentioned efforts, got the RAB dissolved. I truly feel for them, it’s absolutely heartbreaking, but at times, they can be their own worst enemy.”

To Smith’s mind, a recall has the potential for exacerbating the very problems the effort is purported to be about.

“This isn’t about malfeasance, or not showing up for work,” Smith observed. “It’s about being heard, respected and listened to. I don’t think any other Supervisor has ever had the challenges that Sophie has had to face here; the Bayview, the Hunters Point Shipyard’s toxic super-fund site, the homicide rate, unemployment, poor public transportation, dwindling services and community resources have made D10 one of the City’s largest melting pots of discontent. It’s just one of the reasons I’m running. The health, welfare, quality of life issues and the environment are the things I put above everything else out here, particularly above special interests and big money.”

“We will soon know how valid those signatures are; I can tell you that the many of the folks behind it feel very confident about it,” Smith continued. “But Sophie still has a lot friends in D10 who will not vote her out, so even if this makes the ballot, there is no guarantee it will carry. There are many, many folks who still love and support Sophie, so the folks who signed the recall petition will have to overcome the balance of the 37,000 D.10 voters who may not want to see her go and have a vested interest in seeing a fair electoral process in November, untainted by a Mayoral appointee, an appointee that would have implied advantage over any of the candidates in November.”

Smith has asked many folks why they are launching a recall when Maxwell only has 10 months left on the job.

“For them, it’s about making a statement; they want everyone to know that ‘They’re mad as hell and not going to take it anymore,’” Smith said. “They also want to send a signal to the D10 candidates that this is what you will face if you don’t listen to them. D10 is not for the squeamish, those easily intimidated or the faint of heart.”

On a side note, Smith observed that “we will need the world to come out to defeat Proposition 16″, the PG&E ballot measure in June. “And, depending on the turn out, many of the folks needed to come out for that, may also play a role as it relates to Sophie’s recall.”

Asked what she thought of the effort to recall her, Maxwell characterized it as “strange” and “destabilizing.”

‘It seems to me that this effort is destabilizing the community,” Maxwell said. “When you undercut the leadership, you destabilize a community in transition. At a time when these folks could have something to say about the future, they are looking at the past. It’s about backward thinking. It’s about not having the best interests of the community. It’s about egos. Because if this is for the community, then why not bring something to the table that’s about bringing some direction to the district?”

One of the last straws, in the minds of some recall signature gatherers, was Maxwell’s 2009 vote against a resolution that would have advised the Navy to restore its community-based Restoration Advisory Board. This board, which was established in 1994, had consistent access to the many technical and environmental documents surrounding the proposed clean-up of the heavily polluted Hunters Point Shipyard.

The RAB, whose primary fucntion was to share information on investigations and clean-ups at the shipyard, was also able to vote on the Navy’s proposed solutions and to request more information and/or speakers and experts so its members could educate themselves on related public health and safety issues. But early last year, the Navy announced that it was dissolving the RAB, citing dysfunctional behavior and off-topic discussions that were getting in the way of the RAB’s intended purpose.

The move to dissolve the RAB came just as the Navy was poised to take a series of important decisions on some of the most polluted and radiologically-impacted parcels on the shipyard. And many in the community saw the timing of the RAB’s dissolution as evidence that the Navy was going to ignore their wish to have these parcels dug out and hauled away, and not capped (a wish shared by the 87 percent of voters who supported Prop. P in 2000.)

But despite the outcry that followed the RAB’s 2009 dissolution, Maxwell voted to tell the Navy to either restore the RAB or find other ways to involve the community–thereby giving the Navy the choice, some felt, to ignore the community’s desire to reinstate the RAB.

And last night, the Navy, along with a flotilla of police and special agents, showed up at the Bayview YMCA to share its plan to reformulate the Navy’s original Community Involvement Plan—a plan that angered many meeting goers ( the majority of which were former RAB members,) since it didn’t appear to aim at reinstating the RAB. But to give the Navy credit, once it became clear that meeting attendees were underwhelmed by its plan, Navy officials scrapped their original agenda and allowed the community to speak instead about their wounds from the past and their hopes for the future. It remains to be seen where the Navy will go next, but those interested in tracking these developments can visit the Navy’s website for updates.

Maxwell for her part defended her vote–and pointed the finger at the Navy.

“The Navy has an obligation to get out its plans to the public,” Maxwell said. “People are getting information in many ways, these days, not just by coming to meetings. The Navy has just got another $92 million towards the shipyard clean up, but does anyone know what this means? It means that instead of taking years to clean up groundwater at the shipyard, we can spend that money on it, now. And if folks knew what capping really means, maybe they wouldn’t be against it. Mission Bay is capped. Schlage Lock will be. And all of them are brown fields.”

Maxwell worries that democracy is not currently being well served within her district, but not by her.
“There are folks who are trying to block real information from getting out, and if only your view can get out, that’s not democracy,” Maxwell said.

But so far, she’s not willing to publicly support anyone in the November D. 10 race.
“I’m waiting for people to have a better understanding of what this community is, what the common thread running through it is, and how to use rank choice voting,” she said.

And despite the current recall effort—and the insults regularly hurled her way with a voracity and meanness not generally seen in other supervisorial districts, Maxwell said she has truly enjoyed serving as D. 10 supervisor.

“When people say that it’s an honor to serve as an elected official, I really know what they mean, because I really feel that. Democracy is challenging, it’s messy and it’s invigorating. I think a lot of what’s going on in my district is about people using people. But what has changed for these folks? Their lives have gotten worse, not better. And they are going after me, because I am not part of their group. I have tried to stay focused on the issues.”