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BART’S CRACKDOWN

For weeks now, protesters have descended on Bay Area Rapid Transit (BART) stations to denounce the fatal July 3 shooting of homeless passenger Charles Hill by a BART Police officer, and to call for the agency’s long-controversial police force to be disbanded. Commuters have had to contend with service disruptions and delays, and costs to the transit agency have exceeded $300,000. Yet it isn’t just bullhorn-wielding protesters who’ve been thrust into the spotlight — BART’s police force is also facing scrutiny for its conduct under pressure.

BART drew the ire of numerous media outlets after a Sept. 8 protest when transit cops detained members of the press along with protesters on suspected violation of California Penal Code Section 369i, which prohibits interfering with the operations of a railroad. Most journalists were eventually released, but the protest resulted in 24 arrests.

Although BART police later contended that they issued dispersal orders prior to closing in, many who were encircled and detained (including me) insisted they’d heard no such announcement. BART police also instructed San Francisco Police Department (SFPD) officers who were on hand to assist to seize reporters’ SFPD-issued press passes — a move that SFPD spokesperson Troy Dangerfield later told the Guardian was an error that went against normal SFPD protocol.

In a Sept. 10 editorial, the San Francisco Chronicle blasted BART police for placing Chronicle reporter Vivian Ho in handcuffs despite being informed that she was there as a journalist. Ho’s experience was mild compared with that of Indybay reporter David Morse (aka Dave Id), who told the Guardian he was singled out for arrest by BART Deputy Police Chief Daniel Hartwig and isolated from the scene — even though Hartwig is familiar with Morse and knows he’s been covering protests and BART board meetings for the free online publication. Asked why Morse was arrested when other journalists detained for the same violation were released, BART spokesperson Jim Allison told us, “The courts will answer that, won’t they?”

No Justice, No BART — a group that was instrumental in organizing the Sept. 8 protest — telegraphed to media and police at the outset that they intended to test BART’s assertions that people’s constitutionally guaranteed rights to free speech would be upheld as long as they remained outside the paid areas of the station, in what was dubbed a “free speech zone.” (Rebecca Bowe)

 

CHRON VS. WIENER(S)

Scott Wiener tried to do something eminently reasonable, and ask the naked guys in the Castro to put down a towel before they sit on public benches. Although the Department of Public Health hasn’t made any statements about the issue (and people put their naked butts on public toilet seats without creating major social problems), it’s pretty much an ick factor thing — and using a towel is an unwritten (sometimes written) rule at almost every nudist resort in the country.

The whole thing is a bit ironic, since it’s already illegal for fully clothed poor people to sit on the street — but so far, it’s not illegal for naked people to sit on benches. So far.

Wiener’s move set off an anti-nudity campaign at the San Francisco Chronicle, starting with columnist C.W. Nevius suggesting that the nudies are all perverts: “If these guys were opening a trench coat and exposing themselves to bystanders in a supermarket parking lot we’d call them creeps.” A Chron editorial called for a new law banning nudity in the city (an excellent use of time for a police department that already says it can’t afford community policing). The national (right-wing) press is having a field day. The commenters on sfbg.com are arguing about whether the pantsless men are shedding scrotal hair, or whether they’re mostly shaved. For the record, we haven’t checked.

And for the record, in a couple of months it’s going to get way too cold and rainy for this sort of thing anyway. (Tim Redmond)

 

HERRERA’S SMACKDOWNS

City Attorney Dennis Herrera has always been limited by his office’s neutral role in criticizing city policies and officials. But as a mayoral candidate, he seems to have really discovered his political voice, offering more full-throated criticisms of Mayor Ed Lee and his policies than any of the other top-tier candidates.

“I think it’s kind of liberating for him that he can talk policy instead of just about legal issues,” Herrera’s longtime spokesperson Matt Dorsey, who recently took a leave from his city job to work on the campaign full-time, told the Guardian.

Perhaps not surprisingly, Herrera’s shift began a little more than a month ago when Lee bowed to pressure from Willie Brown, Rose Pak, and other top power brokers to get into mayor’s race, prompting Herrera’s biting analysis that, “Ed Lee’s biggest problem isn’t that he’s a dishonest man — it’s that he’s not his own man. The fact is, if Ed Lee is elected mayor, powerful people will continue to insist on things. And I don’t think San Franciscans can be blamed for having serious doubts about whether Ed Lee would have the courage to say no.”

Herrera followed up last week by providing an example of something Lee and most other mayoral candidates don’t have the courage to say no to: the Central Subway project, with its runaway price tag and growing number of critics that say it’s a wasteful and inefficient boondoggle that will worsen Muni’s operating budget deficit.

“Fiascos aren’t born that way. They typically grow from the seeds of worthy idea, and their laudable promise is betrayed in subtle increments over time,” was how Herrera began a paper he released Sept. 8 called “It’s time to rethink the Central Subway,” in which he calls for a reevaluation of a project that he and the entire Board of Supervisors once supported.

He notes that the project’s costs have tripled and its design flaws have been criticized by the Civil Grand Jury and numerous transit experts. “Let’s look at this thing and see if it still makes sense,” Herrera told us, a stand that was greeted as blasphemy from the project’s supporters in Chinatown, who called at least two press conferences to decry that they called a “cheap political stunt.”

While the stand does indeed help distinguish Herrera from a crowded mayoral field, he insists that it was the grand jury report and other critiques that prompted him to raise the issue. “Good policy is good politics, so let’s have a debate on it and let the validity of the project stand or fall on its merits,” he said.

Herrera and fellow candidate John Avalos were also the ones who called out Lee on Sept. 2 for praising Pacific Gas & Electric Co. as “a great company that get it” for contributing $250,000 to a literacy program, despite PG&E’s deadly negligence in the San Bruno pipeline explosion and its spending of tens of millions of dollars to sabotage public power efforts and otherwise corrupt the political process.

“It shows insensitivity to victims’ families, and poor judgment for allowing his office to be used as a corporate PR tool. No less troubling, it ignores the serious work my office and others have done to protect San Franciscans from PG&E’s negligence,” Herrera said in a prepared statement.

Now, his rhetoric isn’t quite up to that of Green Party mayoral candidate Terry Baum, who last week called for PG&E executives to be jailed for their negligence, but it’s not bad for a lawyerly type. Herrera insists that he’s always wielded a big stick, expressed through filing public interest lawsuits rather than campaign missives, “but the motivation in how I do either is not really different.” (Steven T. Jones)

 

JACK IS BACK

The mayor’s race just got a new player, someone who is guaranteed to liven things up. His name is Jack Davis — and he’s already gone on the attack.

Davis, the infamous bad boy of political consulting who is so feared that Gavin Newsom paid him handsomely just to stay out of the 2003 mayor’s race, has been keeping a low profile of late. But he’s come out of semi-retirement to work for Jeff Adachi, the public defender who is both running for mayor and promoting Prop. D, his pension-reform plan.

Davis and Adachi first bonded when Adachi ran against appointed incumbent Kim Burton in 2002. Now, Davis has begun firing away at Mayor Ed Lee, with a new mailer that calls the competing Lee pension plan a “backroom deal.” The piece features a shadowy figure (who looks nothing like Ed Lee) slipping through a closing door, a fancy ashtray full of cigars and an allegation that Lee gave the cops a sweet pension deal in exchange for the police union endorsement.

Trust us, that’s just the start. (tr)

 

PENSION PALS

Meanwhile, Adachi sent Lee a letter on Sept. 8 challenging him to debate the merits of their rival pension measures — Lee spearheaded the creation of Prop. C, with input from labor unions and other stakeholders — sometime in the next month.

“I believe there is a vital need — if not an obligation — for us to ensure that the voters of San Francisco understand both the severity of our pension crisis as well as the significant differences between our two proposals,” Adachi wrote, later adding, “As the two principals behind the competing ballot measures, I hope that we can work together to increase awareness of this important issue and work toward a better future for our city.”

Lee’s campaign didn’t respond directly to Adachi, but Lee’s ever-caustic campaign spokesperson Tony Winnicker told the Guardian that the request was “the oldest political trick in book” and one they were rejecting, going on to say, “Voters deserve to hear from all the candidates on pension reform, not just two of them.”

Perhaps, but given the mind-numbing minutiae that differentiates the two measures, some kind of public airing of their differences might be good for all of us. Or I suppose we can just trust all those dueling mailers headed our way, right? (stj)

For more, visit our Politics blog at www.sfbg.com.

The real Leland Yee

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tredmond@sfbg.com

It’s early January 2011, and the Four Seas restaurant at Grant and Clay is packed. Everyone who is anyone in Chinatown is there — and for good reason. In a few days, the Board of Supervisors is expected to appoint the city’s first Asian mayor.

The rally is billed as a statement of support for Ed Lee, the mild-mannered bureaucrat and reluctant mayoral hopeful. But that’s not the entire — or even, perhaps, the central — agenda.

Rose Pak, who describes herself as a consultant to the Chinese Chamber of Commerce but who is more widely known as a Chinatown powerbroker, is the host of the event. She stands in front of the room, takes the microphone, and, in Cantonese, delivers a remarkable political speech.

According to people in the audience, she says, in essence, that the community has come out to celebrate and support Ed Lee — but that’s just the start. She also urges them not just to promote their candidate — but to do everything possible to prevent Leland Yee from becoming mayor.

She continues on for several minutes, lambasting Yee, the state Senator who lived in Chinatown as a child, accusing him of about every possible political sin — and turning the Lee rally into an anti-Yee crusade. And nobody in the crowd seems terribly surprised.

Across Chinatown, from the liberal nonprofits to the conservative Chamber of Commerce, there’s a palpable fear and distrust of the man who for years has been among San Francisco’s most prominent Asian politicians — and who, had Lee not changed his mind and decided to run for a full term this fall, was the odds-on favorite to become the city’s first elected Chinese mayor.

The reasons for that fear are complex and say a lot about the changing politics of Asian San Francisco, the power structure of a city where an old political machine is making a bold bid to recover its lucrative clout — and about the career of Yee himself.

Senator Leland Yee is a political puzzle. He’s a Chinese immigrant who has built a political base almost entirely outside of the traditional Chinatown community. He’s a politician who once represented a deeply conservative district, opposed tenant protections, voted against transgender health benefits and sided with Pacific Gas and Electric Co. on key environmental issues — and now has the support of some of the most progressive organizations in the city. He’s taken large sums of campaign money from some of the worst polluters in California, but gets high marks from the Sierra Club.

His roots are as a fiscal conservative — yet he’s been the only Democrat in Sacramento to reject budget compromises on the grounds that they required too many spending cuts.

He’s grown, changed, and developed his positions over time. Or he’s become an expert at political pandering, telling every group exactly what it wants to hear. He’s the best chance progressives have of keeping the corrupt old political machine out of City Hall — or he’s a chameleon who will be a nightmare for progressive San Francisco.

Or maybe he’s a little bit of all of that.

 

Leland Yin Yee was born in Taishan, a city in China’s Guangdong province on the South China Sea. The year was 1948; Mao Zedong’s Communist Party of China had taken control of much of the countryside and was moving rapidly to take the major cities. The nationalist army of General Chiang Kai-Shek was falling apart, and Yee’s father, who owned a store, decided it was time for the family to leave.

The Yees made it to Hong Kong, and since Mee G. Yee had previously lived in the United States and served in the U.S. Army during World War II, he was ultimately able to move the family to San Francisco. In 1951, the three-year-old Leland Yee arrived in Chinatown.

For four years, Yee lived with his sister and mother in a one-room apartment with a shared bathroom while his father worked as a sailor in the merchant marine. It was, Yee recalled in a recent interview, a tight, closed, and largely self-sufficient community.

“The movie theater, the shoe store, the barber shop, food — everything you needed you could get in Chinatown,” Yee said. “You never had to leave.”

Of course, after a while, Yee and his mom started to venture out, down Stockton Street to Market, where they’d shop at the Emporium, the venerable department store. “It was like walking into a different country,” he said. “If you didn’t know English, they didn’t have time for you.”

Yee, like a lot of young Chinese immigrants of his era, put much of his time into his studies — in the San Francisco public schools and in a local Chinese school. “My mom spoke a village dialect, and we had to learn Cantonese,” he said. “Every little kid had to go to Chinese school. We hated it.”

When Yee was eight, his parents managed to buy a four-unit building on Dolores Street, and the family moved to the Mission, where he would spend not only the rest of his childhood but much of his early adult life. He graduated from Mission High School, enrolled in City College, studied psychology and after two years won admission to UC Berkeley.

Berkeley in 1968 was a very different world from Chinatown and even the relatively controlled environment he’d experienced at home in the Mission. “You didn’t protest in school. You’d have been sent home, and your mother would kill you,” he said.

At Berekely, all hell was breaking loose, with the antiwar protests, the People’s Park demonstrations, the campaign to create a Third World College (which led to the first Ethnic Studies Department), and a general attitude of mistrust for authority. “I developed a sense of activism,” Yee said. “I realized I could speak out.”

That spirit quickly vanished when Yee lost faith in some of his fellow activists. “People would work with us, then get into positions of power and use that against you,” he recalled. “A lot of my friends said ‘forget it.’ I left the scene.”

Yee once again devoted his energy to school, earning a masters at San Francisco State University and a Ph.D in child psychology from the University of Hawaii. Along the way, he met his wife, Maxine.

With his new degree, the Yees moved back to San Francisco — and back in with his parents at the Dolores property, where he, Maxine and a family that would grow to four kids would live for more than a decade.

 

Yee worked as a child psychologist for the San Francisco Department of Public Health, starting the city’s first high school mental-health clinic. He went on to become a child psychologist at the Oakland Unified School District, then joined a nonprofit mental health program in San Jose.

In 1986, Yee decided to get active in politics for the first time since college, and ran for the San Francisco School Board. He lost — and that would be the only election he would ever lose. In 1988, he won a seat, and established himself as an advocate for students of color, fighting school closures in minority neighborhoods. He also tried to get the district to modify its harsh disciplinary rules, arguing against mandatory expulsions.

On fiscal issues, though, Yee was a conservative. For his first term, despite the brutal cutbacks of the recession of the late 1980s and early 1990s, he insisted that the district make do with the money it had. His solution to the red ink: Cut waste. Only in 1992, when he was up for re-election, did he acknowledge that the district needed more cash; at that point, he supported a statewide initiative to tax the rich to bring money to the schools.

The sense of fiscal conservatism — of holding the line on taxes, but mandating open and fair contracting procedures and tight financial controls — was a hallmark of much of his political career. When the Guardian endorsed him for re-election to the board in 1992, we wrote that “there’s real value in his continuing vigilance against administrative fat and favoritism in contracts.”

Over the next four years, Yee worked with then-Superintendent Waldemar “Bill” Rojas, a deeply polarizing figure who pushed his own personal theory of “reconstitution” — firing all the staff at low-performing schools — and later was enmeshed in a scandal that led to prison time for a contractor he’d hired. Yee told me he was the only board member to vote against hiring Rojas, but people who were watching the board closely back then say he didn’t always stand up to the superintendent.

He also became what some say was a bit too close with Tim Tronson, a consultant hired by the district as a $1,000-a-day facilities consultant. Tronson wound up getting indicted on 22 counts of grand theft, embezzlement, and conspiracy in a scheme to steal $850,000 from the schools, and was sentenced to four years in state prison.

In 1998, when some school board members wanted to build housing for teachers on property that the district owned in the Sunset, Yee led the opposition — with Tronson’s help. At one meeting at Sunset Elementary School, Yee went so far as to say, according to people present, that “Tim Tronson is my man, and I rely on him for advice.”

Yee acknowledged that he worked closely with Tronson to defeat that housing project. “He was the facilities manager,” Yee explained, “and I said that I trusted his judgment.”

 

Yee has either a great sense of political timing or exceptional luck. He ran for the Board of Supervisors in 1996, facing one of the weakest fields in modern San Francisco history. He was the only Chinese candidate and one of just two Asians (the other, appointed incumbent Michael Yaki, barely squeaked to re-election). In an at at-large election with the top five winning seats, Yee came in third, with 103,000 votes.

He was never a progressive supervisor. In 2000, the Guardian ranked the good votes of what we referred to as Willie Brown’s Board, and Yee scored only 43 percent. He was against campaign finance reform. He supported the brutal gentrification and community displacement represented by the Bryant Square development. He voted to kill a public-power feasibility study and opposed the Municipal Utility District initiative. He opposed a moratorium on uncontrolled live-work development.

In 2002, Yee was one of only three supervisors to oppose Proposition D, a crucial public-power measure that would have broken up PG&E’s monopoly in the city. He stood with PG&E (and then-Sups. Tony Hall and Gavin Newsom) in opposition to the measure, then signed a pro-PG&E ballot argument packed with PG&E lies.

When I asked him about that stand, Yee at first didn’t recall opposing Prop. D, but then said he “stood with labor” on the issue. In fact, the progressive unions didn’t oppose Prop. D at all; the opposition was led by PG&E’s house union, IBEW Local 1245.

Yee was particularly bad on tenant issues. He not only voted to deny city funding for the Eviction Defense Collaborative, which helped low-income tenants fight evictions; he actually tried to get the city to put up money for a free legal fund to help landlords evict their tenants. He opposed a ballot measure limiting condo conversions. He opposed a measure to limit the ability of landlords to pass improvement costs on to their tenants.

In 2001, Yee voted to uphold a Willie Brown veto of legislation to limit tenancies in common, a backdoor way to get around the city’s condo conversion ordinance. Only Hall and Newsom, then the most conservative supervisors on the board, joined Yee. At one point, he started asking whether the city should consider repealing rent control.

He opposed an affordable housing bond in 2002, joining the big landlord groups in arguing that it would raise property taxes. Every tenant group in town supported the measure, Proposition B; every landlord group opposed it.

I asked Yee about his tenant record, and he told me that he now supports rent control. But he said that he was always on the side of homeowners and small landlords, and that property ownership was central to Chinese culture. “I was responding to the Chinese community and the West Side,” he said.

He wasn’t much of an environmentalist, either — at least not in today’s terms. He was one of the only city officials to support a “Critical Car” rally in 1999, aimed at promoting the rights of vehicle drivers (and by implication, criticizing Critical Mass and the bicycle movement).

His record on LGBT issues was mixed. While he supported a counseling program for queer youth when he was on the school board, he also supported JROTC, angering queer leaders who didn’t want a program in the public schools run by, and used as a recruiting tool for, the military, which at that point open discriminated against gay and lesbian people.

 

 

Yee was also one of only two supervisors who voted in 2001 against extending city health benefits to transgender employees.

That was a dramatic moment in local politics. Nine votes were needed to pass the measure, and while eight of the supervisors were in favor, Yee and Hall balked. At one point, Board President Tom Ammiano had to direct the Sheriff’s Office to go roust Sup. Gerardo Sandoval, who was ducking the issue in his office, to provide the crucial ninth vote.

Yee didn’t just vote against the bill. According to one reliable source who was there at the time, Yee spoke to a community meeting out on Ulloa Street in the Sunset and berated his colleagues, quipping that the city should have better things to do than “spend taxpayer money on sex-change operations.”

It was a bit shocking to trans people — Yee had, over the years, befriended some of the most marginalized members of what was already a marginalized community. “There was one person at the rail crying, saying ‘Leland, how could you do this to us,'” Ammiano recalled.

The LGBT community was furious with Yee. “I didn’t speak to him for at least a year,” Gabriel Haaland, one of the city’s most prominent transgender activists, told me.

Yee now says the vote was a mistake — but at the time, he told me, he was under immense pressure. When he voted for the queer youth program, he said, “the elders of the Chinese community ripped me apart. They called my mother’s friends back in the village [where he was born] and said her son was embarrassing the Chinese community.”

That must have been difficult — and he said that “if I had known the pain I had caused, I wouldn’t have voted that way.” But it was hard to miss that pain his vote caused.

On the other hand, people learn from their experiences, attitudes evolve, we all grow up and get smarter, and the way Yee describes it, that’s what happened to him.

In 2006, when he was running for state Senate, Yee met with a group of trans leaders and formally — many now say sincerely — apologized. It was an important gesture that made a lot of his critics feel better about him.

“He didn’t have to do that,” Haaland said. “People change, and he paid for his crime, and that’s genuine enough for me.”

As a former school board member, Yee kept an interest in the schools — but not always a healthy one. At one point, he actually proposed splitting SFUSD into two districts, one on the (poorer) east side of town and one on the (richer) west. “We strongly opposed that,” recalled Margaret Brodkin, who at the time ran Coleman Advocates for Children and Youth. “Eventually he dropped the idea.”

For all the problems, in his time on the Board of Supervisors, Yee developed a reputation for independence from the Brown Machine, which utterly dominated much of city politics in the late 1990s. His weak 43 percent rating on the Guardian scorecard was actually third-best among the supervisors, after Ammiano and the late Sue Bierman.

In 1998, he was one of the leaders in a battle to prevent the owners of Sutro Tower from defying the city’s zoning administrator and placing hundreds of new antennas on Sutro Tower. He, Bierman, and Ammiano were the only supervisors opposing Brown’s crackdown on homeless people in Union Square.

When he ran in the first district elections, in 2000, against two opponents who had Brown’s support and big downtown money, the Guardian endorsed him, noting that while he “can’t be counted on to support worthy legislation … He’s one of only two board members who regularly buck the mayor on the big issues.”

(He never liked district elections, and used to take any opportunity to denounce the system, at times forcing Ammiano to use his position as president to tell Yee to quit dissing the electoral process and get to the point of his speech.)

 

In 2002, the westside state Assembly district seat opened up, and both Yee and his former school board colleague Dan Kelly ran in the Democratic primary. Yee won, and went on to win the general election with only token opposition.

His legislative record in the Assembly wasn’t terribly distinguished. Yee never chaired a policy committee — although he did win a leadership post as speaker pro tem. And he cast some surprisingly bad votes.

In 2003, for example, then-Assemblymember Mark Leno introduced a bill that would have exempted single-room occupancy hotels from the Ellis Act, which allows landlords to evict tenants for no reason. Yee refused to vote for the bill. Leno was furious — he was one vote short of a majority and Yee’s position would have doomed the bill. At the last minute, a conservative Republican who had grown up in an SRO hotel voted in favor.

When he ran for re-election in 2004, we noted: “What’s Leland Yee doing up in Sacramento? We can’t figure it out — and neither, as far as we can tell, can his colleagues or constituents. He’s introduced almost no significant bills — compared, for example, to Assemblymember Mark Leno’s record, Yee’s is an embarrassment. The only high-profile thing he’s done in the past several years is introduce a bill to urge state and local governments to allow feng shui principles in building codes.”

In 2006, Yee decided to move up to the state Senate, and he won handily, beating a weak opponent (San Mateo County Supervisor and former San Francisco cop Mike Nevin) by almost 2-1. His productivity increased significantly in the upper chamber — and in some ways, he moved to the left. He’s begun to support taxes — particularly, an oil severance tax — and when I’ve questioned him, he somewhat grudgingly admits that Prop. 13 deserves review.

He’s done some awful stuff, like trying to sell off the Cow Palace land to private developers. But he has consistently been one of the best voices in the Legislature on open government, and that’s brought him some national attention.

Yee has been a harsh critic of spending practices and secrecy at the University of California, and when UC Stanislaus refused in 2010 to release the documents that would show how much the school was paying Sarah Palin to speak at a fundraiser, Leland flew into action. He not only blasted the university and introduced legislation to force university foundations to abide by sunshine laws; he worked with two Stanislaus students who had found the contract in a dumpster and made headlines all over the country.

He’s fought for student free speech rights and this year pushed a bill mandating that corporations that get tax breaks for job creation prove that they’ve actually created jobs — or pay the tax money back. He’s also won immense plaudits from youth advocates and criminal justice reformers for his bill that would end life-without-parole sentences for offenders under 18.

Along the way, he compiled a 100 percent voting record from the major labor unions, including the California Nurses Association and SEIU, and with the Sierra Club. All three organizations have endorsed him for mayor.

Yee told me that he thinks he’s become more progressive over the years. “My philosophy has shifted,” he said.

Yet when you talk to his colleagues in Sacramento, including Democrats, they aren’t always happy with him. Yee has a tendency to be a bit of a loner — he’s never chaired a policy committee and in some of the most bitter budget fights, he’s refused to go along with the Democratic majority. Yee insists that he’s taken principled stands, declining to vote for budget bills that include deep service cuts. But the reality in Sacramento is that budget bills have until this year required a two-thirds vote, meaning two or three Republicans have had to accept the deal — and losing a Democratic vote has its cost.

“You have to give up all sorts of things, make terrible compromises, to get even two Republicans,” one legislative insider told me. “When a Democrat goes south, you have to find another Republican, and give up even more.”

In other words: It’s easy to take a principled stand, and make a lot of liberal constituencies happy, when you aren’t really trying to make the state budget work.

 

I met Rose Pak on a July afternoon at the Chinatown Hilton. She brought along her own loose tea, in a paper package; the waitress, who clearly knew the drill, took it back to the kitchen to brew. Pak and I have not been on the greatest of terms; she’s called the Guardian all kinds of names, and I’ve had my share of critical things to say about her. But on this day, she was polite and even at times charming.

After we got the niceties out of the way (she told me I was unfair to her, and I told her I didn’t like the way she and Willie Brown played politics), we started talking about Yee. And Pak (unlike some people I interviewed for this story) was happy to speak on the record.

She told me Yee had “no moral character.” She told me she couldn’t trust him. She told me a lot of stories and made a lot of allegations that we both knew neither she nor I could ever prove.

Then we got to talking about the politics of Chinatown and Asians in San Francisco, and a lot of the animosity toward Yee became more clear.

For decades, Chinatown and the institutions and people who live and work there have been the political center of the Chinese community. Nonprofits like the Chinatown Community Development Center have trained several generations of community organizers and leaders. The Chinese Chamber of Commerce, the Six Companies, and other business groups have represented the interests of Chinese merchants. And while the various players don’t always get along, there’s a sense of shared political culture.

“In Chinatown,” Gordon Chin, CCDC’s director, likes to say, “it’s all about personal connections.”

There’s a lively infrastructure of community-service programs, some of which get city money. There’s also a sense that any mayor or supervisor who wants to work with the Chinese community needs to at least touch base with the Chinatown establishment.

Yee doesn’t do that. “He doesn’t give a shit about them,” David Looman, a political consultant who has worked with many Chinese candidates over the years, told me.

Yee’s Asian political base is outside of Chinatown; he told me he sees himself representing more of the Chinese population of the Sunset and Richmond and the growing Asian community in Visitacion Valley and Bayview.

Pak is connected closely to Brown, who Yee often clashed with. For Pak, Brown, and their allies, strong connections to City Hall mean lucrative lobbying deals and public attention to the needs of Chinatown businesses. Then there’s the nonprofit sector.

CCDC and other nonprofits do important, sometimes crucial work, building and maintaining affordable housing, taking care of seniors, fighting for workers rights, and protecting the community safety net. Yee, Pak said, “has never shown any interest in our local nonprofits. We all work together here, and he doesn’t seem to care what we do.” Yee told me he has no desire to see funding cut for any critical social services in any part of town. But he has also made no secret of the fact that he questions the current model of delivering city services through a large network of nonprofits, some of which get millions of taxpayer dollars. And the way Pak sees it, all of that — the nonprofits, the business benefits, the contracts — are all at risk. “If Leland Yee is elected mayor,” she told me, “we are all dead.”

I ran into an old San Francisco political figure the other day, a man who has been around since the 1970s, inside and outside of City Hall, who remains an astute observer of the players and the power relationships in the local scene. At the time we talked, he wasn’t supporting any of the mayoral candidates, but he had a thought for me. “This town,” he said, “is being taken over by a syndicate. Willie Brown is the CEO, and Rose Pak is the COO, and it’s all about money and influence.”

That’s not a pleasant thought — I’ve lived through the era of political machine dominance in this town, and it was awful. In the days when Brown ran San Francisco, politics was a tightly controlled operation; only a small number of people managed to get elected to office without the support of the machine. Developers made land-use policy; gentrification and displacement were rampant; corruption at City Hall turned a lot of San Franciscans off, not only to the political process but to the whole notion that government could be a positive force in society.

A few years ago, I thought those days were over — and to a certain extent, district elections will always make machine politics more difficult. But when I see signs of the syndicate popping up — and I see a candidate like Ed Lee, who’s close friends with Brown, leading the Mayor’s Race — it makes me nervous. And for all his obvious flaws, at least Leland Yee isn’t part of that particular operation. If there’s a better reason to vote for him, I don’t know what it is.

YEE HOME PURCHASE RAISES SUSPICIONS

Rose Pak has a question about Leland Yee. “How,” she asked me, “did the guy manage to buy a million-dollar house on a $30,000 City Hall salary?”

Pak isn’t the only one asking — numerous media reports over the years have examined how Yee raised a family of four and bought a house in the Sunset on very little visible income. And while I’m not usually that interested in the personal finances of political candidates, I decided that it was worth a look.

Here’s what I found: Public records show that in July 1999, Yee and his wife, Maxine, purchased a house on 24th Avenue for $875,000 (it’s now assessed at slightly more than $1 million). At the time, Yee was a San Francisco supervisor, earning a little more than $30,000 a year. (The salary of the supervisors was raised dramatically shortly after Yee left the board and went to the state Assembly.) His wife wasn’t working. And his economic interest statements for that period show no other outside earnings. So the disposable, after-tax income of the entire Yee family couldn’t have been much more than $25,000.

That, by any normal standard, shouldn’t have been enough to float a mortgage that, records show, totaled $516,000. In fact, the interest payments alone on that mortgage alone would total $3,600 a month — more than Yee’s gross income.

Documents in the Assessor’s Office show another paper trail, too. In 1989, Jung H. Lee, Yee’s mother, transferred the deed on a four-unit Dolores St. building where the family had been living to Maxine and Leland Yee — for no money. And a few months before the Yees bought the Sunset house, they took out a $320,000 home-equity loan on that property. That was the down payment on the Sunset property.

Still: At that point, the Yees would have been paying off two mortgages, with a total nut of about $5,000 a month — and supporting four kids, in San Francisco. In 2002, Yee’s economic interest statement’s show some modest income from teaching at Lincoln University — but nowhere near enough to pay that level of expenses.

What happened? Yee explains it this way: “For more than 10 years, we were living rent-free in my parents’ property,” he told me I an interview. “We were a close Chinese family, and my parents provided the food and helped pay for the children’s clothing. So we had almost no expenses and we lived very frugally.”

During that period, Yee was working for the San Francisco Department of Public Health, the Oakland Unified School District, and a San Jose nonprofit, earning, he said, between $50,000 and $90,000 a year. If he saved almost all of that money, he would have had more than a half-million dollars in the bank when he bought the Sunset house.

There’s nothing on any of his economic disclosure forms showing any ownership of stocks or other reportable financial interests during that period, so he wasn’t investing the money. In fact, he says, it was, and is, all in simple savings accounts. A bit unusual for that large a sum of money.

How did he get a mortgage? “Back then,” he said, “banks were willing to lend a lot more freely than they do today.”

Starting in 2003, Yee was in the state Assembly, making a higher salary — but still not much in excess of $100,000 a year. After taxes, he was probably taking home about $75,000 — and $60,000 was going to the two mortgages.

How did he do it? “We have been supplementing our income with our savings,” he said. “We don’t take vacations, we are very careful with our money.” And they clearly aren’t desperate for cash — Yee’s daughter occupies two of the four units in the Dolores St. building they own, but the other two units are vacant.

It’s possible. It’s plausible. But I don’t blame people for wondering how he managed to pull it off. (Tim Redmond, with research assistance by Oona Robertson) 

 

 

 

BIG CORPORATIONS HAVE BACKED YEE

Yee became a prodigious fundraiser in Sacramento — and a lot of the money came from big corporations that had business in the Legislature. And while he has perfect scores from the Sierra Club and the big labor unions, he’s taken tens of thousands of dollars from some of the biggest corporations, agribusiness interests, and polluters in the state. And at times, he’s voted their way.

Since 1993, for example, campaign finance records show Yee has taken more than $20,000 from Chevron, ExxonMobil, Valero, Conoco Phillips, and BP. He’s received another $22,450 from the chemical industry (and industry employees). Most of it came from Clorox, Dow Chemical, and Dupont.

And while the Sierra Club may not have considered it a priority, Sen. Mark Leno has worked hard to pass a bill limiting chemical fire retardants in furniture. In 2008, Yee voted against Leno’s AB 706.

That year he also refused to support a bill that would prohibit the use of the chemical diacetyl in workplaces. The industries that opposed AB 514 (including Bayer, Abbott Laboratories, Pfizer, and Johnson & Johnson) have given Yee a total of more than $60,000.

In 2003, Yee voted against a crucial tenant bill, one that would have prevented the owners of single room occupancy hotels from using the Ellis Act to evict tenants. He received a campaign check for $2,500 from the San Francisco Apartment Association the next day. Landlords in general have given Yee close to $40,000.

Then there’s agribusiness. Yee gets a lot of money from the farming industry, despite the fact that there obviously aren’t many farms in his district. Why, for example, would the California Poultry Association, the California Cattlemen’s Association, and the California Farm Bureau give him money? The Poultry Association’s Bill Mattos told us that Yee “has taken a keen interest in California’s poultry industry.”

Yee also took immense flak from the San Francisco Chronicle and other papers over a 2003 vote against a bill to limit emissions from farm vehicles. In an editorial, the paper wrote that he was “doing dirty work for the lobbyists.” In the end, under immense public pressure, he switched positions and voted for the bill. I asked Yee about all that money from all those bad operators, and he told me — as most politicians will — that campaign cash has never influenced any of his votes.

So why do all these groups give him money? “It’s about whether you will sit down and listen,” Yee said. “I will talk to all sides and at least consider the arguments as a thoughtful human being. Then I vote my conscience.” (Tim Redmond, with research by Oona Robertson) 

Green buds

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steve@sfbg.com

CANNABIS Most marijuana sold in Bay Area dispensaries is grown indoors, where the ability to precisely control conditions creates the kind of buds — strong, dense, crystal-covered, fragrant, beautiful — that consumers have come to expect. But that perfection comes at a high price, both financially and environmentally.

So some local leaders in the medical marijuana movement have begun to nudge the industry to return to its roots, to the days before prohibition and the helicopter raids of the Campaign Against Marijuana Planting chased the pot growers indoors. They say it’s time for California to start growing more of its cannabis outdoors again, in the soil and sunlight, just like the rest of the state’s crops.

Growers have long known how inefficient it is to grow indoors. All they need to do is look at their huge monthly energy bills. Between the powerful grow lights, constantly running air conditioners, elaborate ventilation systems, pumps and water purifiers, and heaters used for drying and curing, this is an energy-intensive endeavor.

But a widely circulated study released in April — “Energy Up in Smoke: The Carbon Footprint of Indoor Cannabis Production” by Evan Mills, a researcher with Lawrence Berkeley National Laboratory — revealed just what a huge cumulative toll the practice was taking on California and the planet.

It found that indoor pot production accounts for about 8 percent of California household energy use, costing about $3 billion annually and producing about 4 millions tons of greenhouse gases each year, the equivalent of 1 million automobiles. Producing one joint was the equivalent of driving 15 miles in a 44 mpg car.

“The emergent industry of indoor Cannabis production results in prodigious energy use, costs, and greenhouse-gas pollution. Large-scale industrialized and highly energy-intensive indoor cultivation of cannabis is driven by criminalization, pursuit of security, and the desire for greater process control and yields,” Mills wrote in the report’s summary.

Yet while opponents of marijuana seized on the report to condemn the industry, proponents say there’s a very simple solution to the problem: grow it outdoors. And with the artisanship and quality in the fields and greenhouses now rivaling that of indoor buds, the biggest barriers to moving most marijuana production outdoors are federal laws and the biases of pot consumers.

“There’s a misconception out there that indoor is better marijuana than outdoor, but we don’t think that’s true,” Erich Pearson, who runs the San Francisco Patient and Resource Center (SPARC) dispensary and sits on the city’s Medical Cannabis Task Force. “Marijuana is a plant that came from the earth and that’s where we should grow it, just like our food.”

 

INDOOR VS. OUTDOOR

There are definitely some benefits to growing indoors, beyond just the ability to hide it from the prying eyes of law enforcement. The grow cycles are shorter, allowing for multiple harvests around the year. The generally small operations and precise control over growing conditions also tend to produce the best-looking buds, which command the highest prices and win the top prizes in competitions.

Kevin Reed, who runs Green Cross — a venerable medical marijuana delivery service that works closely with an established group of growers — told us there are several reasons why indoor buds have dominated the marketplace.

“The most important factor is local laws and regulations and the enforcement of those various laws. A second factor is space and climate — obviously outdoor cultivation will flourish is some places better than other. And, a final factor is sustainability of the market; indoor cultivators can produce crops on a year-round basis, providing some stability in the market over the long-term, especially in the event of crop failure or other unforeseen and unexpected disasters,” Reed told us.

Yet he also said, “If cultivated correctly and with care, there should be no difference between the same strain grown in- or outdoors.” And he said that from an environmental standpoint, outdoor is clearly superior: “So far as environmental factors are concerned, there is little doubt in my mind that outdoor cultivation is kinder to Mother Earth.”

Wilson Linker, with Steep Hill Laboratories, Northern California’s largest tester of medical marijuana, said that outdoor plants generally have more vegetative growth because of the longer light cycles, meaning that “indoor tests generally higher in cannabanoids, with THC [marijuana’s main psychoactive compound] in particular.”

But he and other marijuana experts also say that the quality of the buds ultimately depends on a wide variety of factors, from the strain used to the expertise of the cultivators to the time and care taken by the trimmers.

“I’ve seen outdoor that can compete with the best indoor strains,” said David Goldman, who runs San Francisco’s Americans for Safe Access (ASA) chapter, sits on the city’s Medical Marijuana Task Force, and is active in rating the various dispensaries and pot strains in terms of quality, using magnifying glasses to investigate the trichomes and other characteristics. “I would match the best outdoor I know up with anybody’s indoor, any day.”

Even when indoor buds look better, Pearson said, that doesn’t means they are better. Looks can be deceiving, he said, noting how local consumers now accept that those perfect-looking, genetically modified apples and tomatoes in the store aren’t as tasty or good for you as their ugly, organic counterparts.

“It’s not all about appearance,” he said, noting that marijuana grown in the sunshine is more robust and complex than its indoor cousins.

“We’re starting to find [outdoor] strains that were scoring just as high as indoor,” says Rick Pfrommer, the purchasing manager for Oakland’s Harborside Health Center.

And that’s especially true when the cannabis is grown in greenhouses, where it gets natural sunlight but growing conditions can be controlled better than in the fields.

“Greenhouses can attain a level of cosmetic attractiveness that is right up there with indoor,” Pfrommer said.

“There are a lot of products coming out of greenhouses that even trained eyes can’t tell the difference with [compared to indoors],” Linker said. “Greenhouses are the future.”

Or at least they might be the future if there is a change in the federal laws, which still view any marijuana cultivation as a crime — which is why indoor grows flourished in the first place.

 

LINGERING PROHIBITION

Rising demand for medical marijuana has created some regulatory pushback, even in pot-friendly San Francisco, where the Department of Public Health announced earlier this year that it wanted to create a registry of growers that work with the dispensaries in order to weed out the illegal growing operations.

“In the last few years, there’s been a proliferation of both illegal and legal cultivators,” Dr. Rajiv Bhatia, San Francisco’s environmental health director, told us earlier this summer. “We’re asking for this information to try to steer them back toward legal cultivation.”

Reed, Goldman, and other industry representatives strongly condemned the move, mostly on the grounds that creating lists of growers could subject them to federal prosecution, so the idea was shelved for now. But Bhatia said the problem remains, and in San Francisco, it’s a problem created largely by the demand for cannabis grown indoors.

But allowing for a more widespread conversion to sustainably grown marijuana will require a relaxation of the federal enforcement to allow for more land cultivation and the development of high-tech greenhouses.

“A lot of that rests in the hands of law enforcement,” Pearson said.

But it isn’t just the cops. Consumers are also supporting indoor grows.

 

SUPPLY AND DEMAND

Pfrommer said there are many factors that influence whether customers choose indoor or outdoor, or what he calls the “bag appeal” that causes customers to zero in on one strain among the 40 or so that can be offered at one time.

Generally, indoor grows are smaller operations, allowing greater care in the tending and processing of the buds, whereas outdoor grows usually produce large crops harvested all at once, “so frequently people won’t manicure it as well,” Pfrommer said.

Smell is another big factor, Pfrommer said, and that’s one area where he thinks outdoor actually has an advantage. “Outdoor generally has a more pungent smell,” he said. “Cannabis is very sensitive to the environment, so it can pick up elements from the soil, the wind, and the surroundings. It picks up different qualities.”

For that reason, he also said, “I personally find outdoor to taste better when it’s grown well,” comparing it to the subtle qualities that various appellations can give to fine wines.

The final factor is price, and that’s one area where outdoor has a distinct advantage. SPARC is currently selling quarter-ounces of greenhouse-grown Big Buddha Cheese with a THC content of more than 17 percent for just $70. And when the buds from open outdoor fields arrive this fall, they’ll be as low as $50.

“This,” Pearson said, holding up a beautiful bud of greenhouse-grown Green Dragon, “was grown at a fraction of the cost of indoor and it’s outstanding.”

“That’s why indoor sells for so much more,” Goldman said, ” because it costs so much more to grow.”

So if outdoor cannabis is cheaper, better for the environment, less risky for the industry, and just as good, why are the indoor stains still so much more popular?

“You’re looking a 20-plus years of indoor being the standard,” Pfrommer said, noting that the hardest part of creating a more substantial changeover in people’s buying habits is their expectations.

He said Harborside started offering more outdoor strains three years ago, “but the market wasn’t responding as strongly.” In other words, people still preferred indoor.

Yet things are changing, prompted partly by the Mills study. “That was what kicked off this latest round,” Pfrommer said. “There is a small but growing awareness among the regular marijuana consumers about the costs of growing indoors…The consciousness is starting to shift, but it’ll be slow, probably over the next two seasons.”

Harvests usually take place during the full moons in September and October, after which they are cured and processed for about four weeks, finally coming to market around Thanksgiving.

“It’s mostly an education process,” Pfrommer said. “We’re going to have a vigorous push around harvest time this year.”

“We’re trying to transition completely to outdoor because the environmental toll is less, the cost is less, the yield is higher, and our testing is showing that the quality is just as good,” said Nick Smilgys, who has done both marketing and purchasing at SPARC. “It just makes more sense to grow it outdoors.”

The foodie crackdown

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news@sfbg.com

Yet another blow was dealt to the San Francisco’s free-thinking food scene on June 11 when the final Underground Market was staged by ForageSF, at least for the time being. The market was shut down by the San Francisco Department of Public Health (SFDPH) in a clash between small-time food businesses and city officials over permitting and regulatory issues.

“I was ready for this for a while,” ForageSF founder Iso Rabins told us. “I thought someone would show up eventually to say something about this, and now they have.”

Rabins began the Underground Market in 2009 as a monthly venue for food entrepreneurs to share their goods without financial and bureaucratic red tape. It’s basically a farmers market without the permits, fees, and commercial kitchen requirements that add thousands of dollars to the cost of staging an event. Throw in live music, drinks, a little subversive thrill, and you’ve got a gathering that has proven enormously popular.

Until now, the market has operated as a private event. It is held in a private space and attendees are required to sign a membership form and pay a $5 entrance fee. It’s become a huge draw for foodies, with 1,500 to 3,200 patrons per event, according to Rabins, so the state government got wind of its largely unregulated operations.

Alicia Saam, the temporary events coordinator with SFDPH, says her department was asked by state officials to observe the market. It’s now too big to be considered private, she says, so it must adhere to health code and public safety regulations just like any other public event.

“One of the things that differentiate private versus public events is how much advertisement goes out there,” Saam said. “Something that is advertised and has grown big enough to have a following, that becomes a concern for us as a public event.”

Without official oversight, rules are bound to be broken. As with any novice venture, mistakes are made. When officials came to the Underground Market, they saw some vendors acting more like friends at a house party than professional food vendors, which is the complicated line that the market tries to toe.

“We observed operators and vendors eating and then handling the food, and that’s a huge contamination hazard for us,” Saam said. “They weren’t washing their hands before continuing food service, nor did they have a hand-washing set-up right there at their booth. There looked to be temperature issues as far as some of the food that was being stored, such as protein foods, sausages, and dairy. Some foods were not protected but were displayed on the table uncovered. People come up and they’re excited and curious, there’s a lot of creativity there, so they’re hovering over the food and possibly contaminating it with all sorts of things. The source of food, such as the kitchen where the food is coming from, needs to be an approved space where there are no animals, or cats like in some homes. It needs to be a commercial space that is properly cleaned and sanitized.”

According to the U.S. Center for Disease Control, one in six Americans get sick each year from eating contaminated food. Salmonella infection is of particular concern because food can be contaminated anywhere from the fields to kitchen surfaces.

The SFDPH has already allowed the Underground Market to operate unregulated for more than a year without any reported food illnesses, but Rabins is quick to agree that these health concerns are real.

“I do believe that these issues of health are important, and although I feel that all the vendors at the market are very careful about what they make, we do want to institute some Serve-Safe classes, basic food safety,” Rabins says.

He says that on the whole, people cooking small batches pay much more attention to their ingredients and processes than industrial food companies do. Rabin said that while the country’s food safety system works pretty well, it doesn’t allow for much locally based innovation in new models for making and sharing food.

“The Health Department’s position makes sense because this is the system that has existed, this is the system that they know and that their jobs support, and it’s a system that works in a lot of ways. But it’s also a system that was really created for industrial processes,” Rabins says. “Unfortunately the way regulations work, top-down is one-size-fits-all, but that’s just not the way it is.”

That gets to the meat of the issue: whether and how much the city should get involved in people’s food habits. Where is the line between public restaurants and private homes — and are there ways of creating hybrids of the two? It’s an ongoing battle in San Francisco between regulating restaurants (and netting taxes) while still promoting an innovative food industry that attracts locals and tourists alike.

In the past few years, the mobile food truck craze has hit San Francisco with little bits of foodie culture from all over the world. Entrepreneurs say it’s too difficult and expensive to start a successful restaurant in SF, so they’re trying small-time pop-ups instead.

At first they went unregulated, but now laws define what they can sell, the permits they need, and limit their mobility. Permits are expensive too, starting at $1660 for initial basic coverage, which is why Rabins says the Underground Market provides an additional support for motivated locals. As city officials have closed big budget deficits year after year without any substantial increases in general tax revenue, fees and permit costs have risen substantially in recent years.

According to Rabins, getting the Underground Market up to code means, “getting all the vendors commercial kitchen space, making them get catering licenses, which is around $600, making them pay for vendor event permits, which is $140 per event, and then I would have to buy a sponsor permit which is another $1200 per event plus event insurance plus, plus, plus all these things that would essentially destroy the spirit of the event. It would make the bar way too high.”

Tightening the membership rules is another option, such as making people sign up weeks in advance or requiring member cards. Richard Lee, the director of environmental health regulatory programs at SFPHD, says that regardless of the vendor’s complaints, the regulations must be met.

“We think that these are reasonable options,” Lee said. “Anyone who is going to sell to the public needs to meet certain requirements, and unfortunately some of those requirements are going to be costly. They have to pay for permits and whatever those permits cost they’re going to have to pay.”

Until some agreement can be reached, the Underground Market won’t be operating, and San Franciscans will have to find their fix at the numerous above ground markets and restaurants. Lee says that he hopes that the market meets city demands, and soon, as this kind of entrepreneurial innovation is essential to a thriving food economy.

“We do encourage the micro-enterprises, and there are possible ways to have that started in San Francisco,” Lee said. “It is possible that there may be legislation in the future that might be supported by the Board [of Supervisors] to make it easier for them to get permitted, so there are things that can be done. For us, though, it is food safety and public health that are the most important things.”

But Rabins is already looking far beyond just the small market model.

“They just want to make it another farmers market,” Rabins said. “I’m not interested in running another farmers market. There are plenty of farmers markets around and people who have been doing them for years and know how to do them.”

He also isn’t interested in conforming to the pre-set expectations and sees the motivation behind the market taking it to new heights. In addition to reopening, he says that ForageSF has secured a kitchen space for helping entrepreneurs launch their small businesses and host public classes.

“We are going to hopefully have a rooftop garden with a movie screen, a retail space in front that sells products being made in the kitchen by vendors, and possibly a small-scale brewery in back,” Rabins said.

He is also reaching out to other similar market organizers, such as some in Los Angeles, to brainstorm ways to make this business model more acceptable across the country. He says they are in the initial phases of creating a model that is reproducible for others who want to start their own markets.

Once again, in the place where the organic food movement first bloomed, people are coming together to create new interactions between producers, consumers, and their food.

Best of the Bay 2011:BEST MORNING-AFTER MEDICINE

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You’ve just experienced one of those glorious one-night stands you read about in fairy tales like the “Sex and the City” columns of yore. But the morning after … well, let’s just say things aren’t exactly coming up roses. Where do you turn for safe, comfortable, confidential STD testing and treatment? San Francisco City Clinic, of course. This year the clinic is celebrating 100 years of zapping not just simple post-tryst maladies, but more alarming epidemics as well. From the “red plague” of the Barbary Coast (syphilis) to the devastation of “gay cancer” (AIDS) and beyond, the capable city clinicians — trained through the San Francisco Department of Public Health — have fought back against STDs in an honest, shame-free environment. Free and low-cost diagnosis and treatments are a priority; promoting healthy sex while protecting against transmission and outbreaks is the mission.

356 Seventh St., SF. (415) 487-5500, www.sfcityclinic.org, www.100yearsofsex.org

Dick Meister: Paid sick leave is good for us all

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The latest figures show that some 44 million workers in private employment  – more than 40 percent of the private sector workforce – do not have paid sick days that they could use to recover from illnesses, including contagious illnesses such as the flu, or worse.

It should be of particular concern that those occupations which are currently least likely to provide paid sick days include occupations most likely to have regular contact with the public – most importantly and most disturbingly, food service and food preparation.

That raises serious health problems – especially in these tight economic times, when workers need to stay on the job as much as they can, no matter how ill they are, to earn as much money as they can. Which, of course, endangers the health of those who come in contact with them, as well as delaying their recovery from their illness.

Public health experts note that the fewer the number of workers who are able to stay at home when sick, the more likely it is that diseases will spread. In addition to the increased suffering of the public and other workers which that causes, it also causes significant economic losses.

Laws have been proposed in several states and in Congress that would require employers to grant paid sick leaves to their employees, but it seems unlikely that the measures, however much they are needed, will pass any time soon – if at all.

But there has at least been a start, however slight, toward what’s broadly needed. That’s a paid sick leave law that was adopted by the city of San Francisco five years ago – the first citywide such law in the country. If nothing else, the San Francisco ordinance proves that such laws are quite feasible, and not the “job killers” that anti-labor forces contend they would be.

San Francisco business groups fought fiercely against adoption of the ordinance and thankfully lost big time. The ordinance was approved by 61 percent of the voters in a citywide election in 2006.

Under the ordinance, workers in businesses with fewer than 10 workers can earn up to five paid sick days a year, while workers in larger businesses can earn up to nine paid sick days.  Workers accrue one hour of paid sick leave for every 30 hours they work. They may use the sick time to recover from their own illnesses, care for a sick family member, or seek routine medical care.

A recent independent survey of nearly 1,200 San Francisco workers and nearly 700 employers by the Institute for Women’s Policy Research came up with findings that the city ordinance was, in the words of the California AFL-CIO, “overwhelmingly positive for workers, businesses and the public.”

The labor federation called the study “further evidence policies that help working families meet their responsibilities at work and at home are good for everyone.”

The study shows, in short, that the San Francisco ordinance has had a great impact on workers’ lives but little or no impact on the city’s businesses.  They overwhelmingly report that the law has not cut into their profits. Two-thirds of them reported no problems implementing the law.

It seems likely that the reason for the slight impact on businesses business can be attributed to the fact that most workers take sick leave days only when they need them.  Even though the law allows workers five to nine sick days a year, San Francisco workers used a median of just three days a year. And one-quarter of the workers didn’t take a single sick day.

Even the major opponent of the law prior to its passage, the local, politically powerful restaurant association that led the political fight against the city ordinance, now concedes it hasn’t led to employee abuses or hurt restaurants or other business.

Most important, as the state AFL-CIO noted, the survey proved that having paid sick days makes a substantial difference for working families.  More than half the workers surveyed said they’ve benefitted from the law. Among other important things, the law has given workers who need paid sick days the most, including parent and workers with chronic health conditions, the time they need to care for their health and that of their children.

The labor federation reports that it hears regularly “the stories of parents who are forced to choose between their children’s health and the financial well-being of their family . . . who have put off visits to the doctor and sacrifice their health to avoid losing their jobs.

Washington, D.C. and Milwaukee have followed San Francisco’s lead and adopted ordinances providing paid sick leave for workers.  And some states, California, New Jersey and Connecticut among them, have adopted similar though less extensive laws.

But what’s most needed is a federal law – a law that, if properly enforced, would grant sick leave pay to all workers, helping them, their families and anyone else who might be exposed to their illness.

It’s obviously the sensible thing to do.

 

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century as a reporter, editor, author and commentator. Contact him through his website, www.dickmeister.com, which includes more than 300 of his columns.

 

Don’t privatize public safety

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Four weeks ago, surgeon Dimitry Nikitin walked out of Florida’s Orlando Regional Medical Center to his car and was shot dead by a disgruntled patient who then turned his gun on himself and committed suicide. Last September, a doctor at Baltimore’s Johns Hopkins was shot and killed by a patient distraught over his mother’s terminal diagnosis.

There is an epidemic of violence in America’s health care facilities. Many of the scenarios are familiar — the news is full of stories of combatants in gang fights following wounded rivals into hospital emergency rooms to finish them off. But the full depth of the problem is largely unreported and extends to hospital wards, clinics, and long-term care facilities

A recent report from the U.S. Department of Labor based on 2009 statistics says health care providers rank third in the likelihood of being assaulted on the job — just behind police and correctional officers. In 2009, there were 38 assaults per 10,000 nurses aides.

Despite this troubling trend, the San Francisco Department of Public Health is asking the Board of Supervisors to approve its proposal to replace institutional police officers in some public health facilities with low-paid private security guards.

Here are two reasons this is a profoundly bad idea.

1. Health care is a stressful environment and growing more stressful every day.

As the providers of last resort, public hospitals and clinics often face a perfect storm of patients who are involved in violence, alcohol and drug abuse, or are suffering from untreated mental illness. But even outside emergency wards, health care workers must work up-close with patients and family members pushed to the breaking point by an overburdened delivery system.

As health care costs spiral, public health budgets shrink and access to high quality care dwindles, many hospitals and clinics are reporting assaults by patients and family members upset by long lines, half-day waits, and unaffordable care.

According to a September report by CNN on rising violence in health care facilities, violence caused by patients’ frustration with health care services is on the rise.

“People are just tired of waiting, or they are just angry that they’re not getting the care they feel is acceptable,” nurse Rita Anderson told CNN. “Instead of saying something, their response is yelling, hitting, screaming, and spitting.”

2. Well-screened and trained security officers reduce health care violence.

According to a study on reducing violence in hospitals by the National Crime Prevention Council, three top strategies for keeping health care facilities safe include reducing patient wait-times through well-organized and managed patient processing; controlling facilities through locked wards, staff ID badges, and security cameras; and hiring carefully selected and well-trained security personnel.

Currently, San Francisco’s hospitals and health care facilities are protected by highly trained San Francisco Sheriff’s deputies and institutional police officers. The Department of Public Health wants to replace some of these officers with private security guards.

But the private security industry is notoriously bad at screening recruits and plagued with turnover, in part because of low salaries. As a result, the use of private security creates unsafe working conditions for employees who deal with difficult or violent patients, such as those in San Francisco’s psychiatric emergency wards.

Unlike institutional police officers, private security guards cannot make arrests. Instead, they must involve the San Francisco Police Department, accumulating costs that quickly defeat the budget savings of using low-paid private guards to do work that should be done by highly trained officers.

Everyone who uses San Francisco’s public health system should contact the San Francisco Board of Supervisors and ask them to make the right choice to keep our hospitals, clinics, and long-term care facilities safe.

Ed Kinchley is an emergency room social worker at San Francisco General Hospital.

 

Our Weekly Picks: June 29-July 5, 2011

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WEDNESDAY 29

FILM

Green  

Swedish-French filmmaker Patrick Rouxel’s Green documents the life and death of a female orangutan in a rainforest of Indonesia. The 48-minute film won the Natural History Museum Environment Award in Great Britain for its narration-free depiction of a habitat ravaged by loggers, forest fires, and dwindling biodiversity. Head to the San Francisco Main Library to see a free screening of Green; afterward, there will be an opportunity to speak with members of the Rainforest Action Network Forest Team and ask questions of activists from the Bay Area working in the field. If you can’t make it, Green streams for free at greenplanetfilms.org. (David Getman)

6 p.m., free

Koret Auditorium

San Francisco Main Library

100 Larkin, SF

(415) 557-4277

www.sfpl.org


MUSIC

Tera Melos

There are many bands formerly treasured for innovation and aggression that — as the members got older and actually learned how to play their instruments — suddenly got boring, like a crappy caterpillar emerging from a brilliant cocoon. Although it has undergone a dramatic sonic change, Tera Melos is, happily, not one of these bands. Since gaining a vocalist and switching around members, Tera Melos has blossomed into a jaw-droppingly technically adept (it always was) pop band that draws from the best of its math rock past to craft songs that are as catchy as they are challenging. Add to this an impressive stage presence, bolstered by the joy of watching everyone in the band shred on his respective ax of choice with mind-blowing ability, and a rare but winning combination is born. (Cooper Berkmoyer)

With Les Butcherettes and Adebisi Shank

8 p.m., $14

Great American Music Hall

859 O’Farrell, SF

(415) 885-0750

www.gamh.com


FRIDAY 1

MUSIC

Death Grips at Low End Theory SF

For almost any other hip-hop group out there, the sound of Sacramento’s Death Grips would be too much. It’s loud, it’s abrasive, and it’s rough around the edges. Even a relatively relaxed song on the debut album Ex-Military features a distorted power-chord sampled from Link Wray’s “Rumble.” But the lyrical ferociousness displayed by MC Ride, Mexican Girl, Info Warrior, and Flatlander manages to match the beat. With nonstop drummer Zach Hill of Hella performing live with this latest rap-rock hybrid, the show should be punk enough to make you forget about earlier, lesser experiments in the genre (i.e., Limp Bizkit). (Ryan Prendiville)

With TOKiMONSTA, Free the Robots, Bangers, Nobody, D-Styles, and Nocando

10 p.m., $15

103 Harriet, SF

(415) 431-1200

www.1015.com


PERFORMANCE

Circus Bella

As if all the hallmarks of the circus weren’t entertaining enough, Circus Bella sets performers to a live quartet playing New Orleans jazz, French waltz, klezmer, and other music from around the globe — along with plain old American circus marches. Circus Bella features nine artists who showcase the usual clowning along with trapeze, ropewalking, juggling, and contortion in open-air venues. The circus has been touring since 2008 and arrives for a brief stay of nine free performances in assorted Bay Area parks. After today’s show, there’s also the chance to meet the artists-musicians, including America’s Got Talent veterans Zoë Klein and Dave Paris, also known as Paradizo Dance. (Getman)

Fri/1–Sat/2, noon

Also Sat/2, 2:15 p.m., free

Yerba Buena Gardens

760 Howard, SF

(415) 543-1718

www.ybgf.org


MUSIC

Group Doueh

Bamaar Salmou (the Doueh of Group Doueh) is a guitarist like you’ve never heard before. Many have tried to incorporate African music into a rock rubric. Yet while a few succeed somewhat (notably Sun City Girls), most fail outright. Salmou’s strength is that the music seems to have emerged organically. Group Doueh is based in the Western Sahara where Salmou has been playing guitar for almost 30 years, drawing on the regional stylings of Saharan music as well as Western music that would filter into the area on cassette. The end result is something as heavy and raw as Jimi Hendrix (apparently of favorite of Salmou’s) and as vibrant as the western edge of North Africa, a tapestry of sound that no amount of orientalist posturing will ever be able to successfully imitate. (Berkmoyer)

With Nick Waterhouse and the Tarots, Mark Gergis DJ set

9 p.m., $14

Rickshaw Stop

155 Fell, SF

(415) 861-2011

www.rickshawstop.com


VISUAL ART

ColorFest

As the city gets buried under its pale gray seasonal shroud of fog, the Exploratorium is rebelling, giving a giant middle finger to the weather encroaching on its dome with its summer-long celebration of color. For two months, the hands-on museum is delving into the visible spectrum with ColorFest, featuring more 30 color-related exhibits, a six-part Chromatic Cinema series, and weekly demos on the science behind rainbow-riffic things like kaleidoscopes, prisms, and dye-making. Or sip cocktails, dance, and listen to live music during the adults-only “After Dark” events on the first Thursday of each month: July’s theme is red and August’s is blue. Wayward San Francisco spirits, this just might be the cure for the summertime blues. (Kat Renz)

Through Sept. 5

Tues.–Sun., 10 a.m.–5 p.m., $10–$15

Exploratorium

3601 Lyon, SF

(415) 561-0363

www.exploratorium.edu


SATURDAY 2

THEATER

2012: The Musical!

Okay, it’s officially summer: the San Francisco Mime Troupe, now in its 52nd season of confusing noobs who’re expecting actual mimes onstage, is opening its annual park-hopping musical production. At first glance, one might worry that 2012: The Musical! might be some kind of disaster-movie parody. Fear not — SFMT is smarter and way more hilarious than that. 2012 refers to the show-within-the-show being mounted by Theater BAM!, a fictional political theater company whose creative integrity is jeopardized when its members have to choose between selling out (and staying afloat) or staying staunchly idealistic (and going under). Written by Michael Gene Sullivan with Ellen Callas, with music by Bruce Barthol with Pat Moran, 2012 kicks off at Dolores Park and romps up and down California (Ukiah to Hollywood) throughout the summer. (Cheryl Eddy)

Various venues through Sept. 25

Sat/2–Mon/4, 2 p.m., free

Dolores Park

19th St. at Dolores, SF

www.sfmt.org


MUSIC

DJ MartyParty

Half of PANTyRAiD with Glitch Mob’s Ooah, DJ MartyParty is picking up where Prince left off: seemingly obsessed with purple. Not only is Purple the title of his new album, it’s also his genre, the aesthetic of his website, and presumably the shade of his mood ring 24/7. For those of you without a color-coded record collection, his “Twisted Summer Mixtape” online is a bit more descriptive: a promising soundtrack for warm nights. Eclectic vocal samples (Adele, Eleanor Rigby, Khia’s crack) and layered melodies combine with a measured amount of vibrato bass and soul-clappin’ hi-hats, ensuring that the mood stays hot (purple is the most sensual color) without overheating. (Prendiville)

With Bogl, Manitous, Shawna, Mozaic, Dax, and Napsty

10 p.m., $10–$12

Public Works

161 Erie, SF

(415) 932-0955

www.publicsf.com


MUSIC

Melodians

Chances are, you’ve probably heard the Melodians without even knowing it. The Kingston, Jamaica, trio’s biggest hit, “Rivers of Babylon,” is omnipresent as far as roots reggae goes, and as an early addition to the Trojan Records roster, it helped pioneer a musical genre that would become a movement. The Melodians’ catalog is widely covered by all manner of upstroke-friendly musicians, and although dwarfed in size by those of similar artists such as Desmond Dekker and Lee Perry, the early material is just as consistently great as any other late-1960s Kingston reggae music (does anyone else always read “reggae music” in a Jamaican accent?) Two of three original members remain, and although well into their 60s, they show no signs of letting up, having toured consistently since 2007 with the Yellow Wall Dub Squad. (Berkmoyer)

9 p.m., $20

Brick and Mortar Music Hall

1710 Mission, SF

(415) 800-8782

www.brickandmortarmusic.com


EVENT

Breastfest Beer Festival

The 11th annual Breastfest Beer Festival gives San Franciscans the chance to get tipsy and taste-test knowing that all those beers aren’t just supporting a habit, but also a good cause. The festival expands this year to include the unlimited sampling of drinks from 60 breweries, four cider companies, and three wineries. In addition, Breastfest features fresh food and live music from1980s cover band Metal Shop. So far, the festival has brought in more than $225,000 to the Charlotte Maxwell Complementary Clinic (CMCC), an innovative public health center that gives women in dire financial straits and others fighting cancer alternative medical and social services, free. (Getman)

5 p.m., $45

Fort Mason Center

Marina at Laguna, SF

(415) 461-4677

www.thebreastfest.org


MONDAY 4

EVENT

U.S.S. Hornet Fourth of July Family Party

The aircraft carrier U.S.S. Hornet was a major factor in World War II’s Pacific theatre — its 20,000-plus tons were instrumental in the Doolittle Raid, the Battle of Midway, and Guadalcanal, among others. The decorated ship was also on hand in 1969 to scoop up Neil Armstrong and company after Apollo 11 splashed down post-moon walk. Alas, the Hornet can’t talk (though its alleged ghost sightings might suggest otherwise), but it survived its many adventures to become part of a museum that also hosts occasional parties, including today’s suitably patriotic July 4 bash. Tour the carrier’s multiple decks, check out the Apollo Moon Mission exhibit, play carnival games, and boogie to live music (Celtic, retro, and classic rock). Guests are encouraged to stick around for a front-row view of the traditional fireworks over the bay. (Eddy)

1–9 p.m., $10–$25

707 W. Hornet

Pier 3, Alameda

(510) 521-8448, ext. 282

www.hornetevents.com 

 

The Guardian listings deadline is two weeks prior to our Wednesday publication date. To submit an item for consideration, please include the title of the event, a brief description of the event, date and time, venue name, street address (listing cross streets only isn’t sufficient), city, telephone number readers can call for more information, telephone number for media, and admission costs. Send information to Listings, the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 487-2506; or e-mail (paste press release into e-mail body — no text attachments, please) to listings@sfbg.com. Digital photos may be submitted in jpeg format; the image must be at least 240 dpi and four inches by six inches in size. We regret we cannot accept listings over the phone.

Private cops at SF General?

26


Truly astonishing moment at the June 23 Budget Committee hearing. The director of Public Health, Barbara Garcia, actually testified that San Francisco General Hospital would be better off with private security guards instead of sheriff’s deputies — because the deputies were only able to follow the law.


You can watch the video here. The discussion starts at 4:49. It begins with Sup. Scott Wiener, is his quiet Scott Wiener way, asking Garcia to talk about the plan to contract out hospital security.


Garcia first insisted that this was a way to save $2 million that would prevent further cuts to health programs. That’s always the primary argument for contracting out.


But then she went a step further.  An outside company, she said, could provide better security — because the (low paid, poorly trained) guards will be able to operate without the restrictions of being peace officers. “There are some restrictions on [the deputy sheriffs’] ability to restrain patients,” she said.


That wasn’t a slip of the tongue — Gregg Sass, the chief financial officer, repeated it again. “If a patient isn’t breaking the law,” he said, “a deputy sheriff won’t intervene.” More: “Private security can intervene. They’re not bound by the same limits that a deputy sheriff is bound by.”


Both Garcia and Sass noted that they wanted security officers who reported directly to them, not to an elected sheriff.


Am I the only one who thinks this is a little weird?


The money thing I understand. I don’t agree — often these supposed savings don’t show up in the end, and besides, do we really want people who get paid $13 an hour without benefits handling security at SF General? But I understand the argument.


On the other hand, the notion that peace officers have to follow rules, and so we should have people who don’t have to follow rules instead strikes me as pretty disturbing. And I’m not sure how true it is: Can a security guard hold and restrain a patient who hasn’t broken the law and isn’t covered by a legal order like a 5150?


I don’t think so. The folks at SEIU Local 1021 don’t think so, either: A flier the group put out notes that:


The issue of Sheriff’s Dept. having legal restraints applies equally to all employees. If there is no 5150 or 5250, no-one has a right to restrain the patient against their will; but a well trained Institutional Policeman can gently persuade a patient with Alzheimer’s to return to their unit.


And I have to say, the notion of having the Department of Public Health oversee a security force (instead of the Sheriff or the Police Department) is disturbing, too. The worst problems in police abuse tend to come from little fiefdoms that aren’t propertly managed — the BART Police, for example, and housing and transit cops in other jurisdictions. Nobody at DPH is trained to manage a security force.


What, exactly, are these (low paid, poorly trained) security guards going to do — grab patients who complain about waiting six hours to see a doctor and “restrain” them? What happens when somebody actually does commit a crime (or brings a gun or a knife into the hospital)? The guards can’t make an arrest. So they call the cops — who come, in due time, but maybe not quickly enough to prevent a disaster. And, of course, we then pay the cops to come and make the arrest.


I haven’t been able to reach Eileen Shields, the public information officer at the Health Department, but I can tell you: The language that her boss used at the Budget and Finance Committee was pretty frightening.


UPDATE: Shields sent me over Garcia’s memo on this, which lays out the case. It pretty much says it all: 


There are times when  patients are unable to control their behavior due to acute medical       
 illness, such as delirium or brain injury. These patients may present a   
 serious risk to their own safety as well as to the safety of other       
 patients and hospital staff.                                             
                                                                           
 These situations are not the result of – nor do they result in – illegal 
 activity. This puts the Sheriff’s deputies, whose responsibility is to   
 uphold the law, in a difficult situation when they are confronted with   
 potentially harmful (but not illegal) situations caused by acute,         
 non-psychiatric medical conditions. Outside security firms do not operate 
 under the same constraints. Instead, they function as members of the     
 health care team whose responsibility is to enforce hospital policy. They 
 are charged with ensuring a safe environment and can act with greater     
 freedom to ensure safety within the limits of the law but without the     
 additional requirements and expectations placed upon a law enforcement   
 officer.
 

Civil Grand Jury slams shipyard development project

5

“The Civil Grand Jury concludes that the Hunter’s Point Shipyard redevelopment project will require more communication, more transparency, and more commitment from the City in order to achieve its goals of providing housing, jobs and economic development, tax revenue and open spaces to San Francisco and its residents, particularly those residing in the surrounding neighborhoods.”

So reads the conclusion of the Civil Grand Jury’s 2010-2011 report, which is titled, “Hunters Point Shipyard: a shifting landscape.” The report makes six findings and seven recommendation that city departments and the Board will have to respond to within the next 60-90 days. And some of these recommendations reflect problems the Guardian unearthed and highlighted during in its coverage of the development.

The jury found that the San Francisco Department of Public Health (SFDPH) is not in compliance with its pledge to the California Department of Public Health to keep residents informed of developments at the Hunters Point Shipyard. As the report’s authors note, the SFDPH’s website “is not regularly updated.”

The jury also found that the City has placed itself in a potentially compromising situation with developer Lennar where in essence, “the wolf is paying the shepherd to guard the flock.”

The jury further noted that by having developer Lennar reimburse the city for monitoring expenses associated with the shipyard project, SFDPH has created a situation that “could raise doubt in the public’s mind about its commitment to proactively and impartially enforce environmental health regulations even when it might adversely impact Lennar.”

Public trust in the SFPDH has been further jeopardized by its failure to update its website in a timely manner, and its apparent reluctance to comment publicly on the best method to deal with the clean-up of Parcel E-2, which is the site of a former dump and deemed one of the most polluted parcels of land on the shipyard.

The jury found that the above concerns were “further reinforced by the recent release of email messages that purportedly showed inappropriate communications between senior officials at the SFDPH and the U.S. Environmental Protection Agency and Lennar.”

The jury found that with the exception of Parcel A, the City has no legal control over the remaining shipyard property. “Consequently, in a technical sense, the City has no authority over matters dealing with deadlines and deliverables for environmental clean-up. However, the City does in fact have some standing in these matters via the 2004 conveyance agreement between the San Francisco Redevelopment Agency (SFRA) and the Navy. The agreement stipulates that the Navy will work collaboratively with the SFRA and share information about cleanup work.”

Last but not least, the jury found the previous efforts by the City to implement workforce policies at city-funded construction projects such as the shipyard have “largely proved ineffective” as they only require contractors to make good-faith efforts, but that earlier this year, a new local hire ordinance was implemented with stricter requirements and mandates.

Based on these findings, the jury recommended that SFDPH needs to update its shipyard project website on a weekly or monthly basis, immediately stop accepting money from Lennar to pay for monitors at the shipyard and cover the costs from its own resources, rigorously enforce conflict of interest guidelines governing deals between its officials and the companies they are monitoring, and conduct its own environmental assessment of the issue of capping Parcel E-2 and make its findings available to the public for comment.

The jury also recommended that because the Navy still owns the majority of the shipyard land and therefore the city has no direct control over deadlines and deliverables, it is critical that the Bay Area Air Quality Management District and SFDPH be “particularly vigilant in monitoring clean-up activities at the shipyard.”

The jury further recommended that the City and the SFRA should have “contingency plans in place” for continuing Redevelopment-related projects, including the shipyard, “in the event State redevelopment plans are cut or eliminated.”

Last but not least, the jury recommended that to ensure that promised job creation goals for the shipyard are realized, “the City should ensure that the Office of Labor Standards Enforcement has sufficient resources to allow it to effectively enforce the provisions of the new workforce laws.”

According to the conditions of the Civil Grand Jury’s report, for each finding the responding parties must report if the recommendation has been implemented or not, whether it requires further analysis, or was not implemented because it is either unwarranted or not reasonable.

So, expect to see some fireworks in the coming weeks, given that the Mayor’s Office, the Board, the Office of Economic and Workforce Development, SFDPH, the Office of Labor Standards Enforcement, the Redevelopment Agency and the BAAQMD have been named as the responding parties in this report…

Yearbook of heartbreak and outrage

0

news@sfbg.com

The giant commemorative AIDS ribbon that was up on Twin Peaks during the first half of June has been taken down, but the 30th anniversary of the epidemic, and how it changed San Francisco, is still reverberating throughout the city.

“It was like paradise,” Mark Ottman said as he guided me through the high-ceiling lobby, quiet as a library, of Union Bank on 400 California St. “For a few years. Then things got really scary.”

Ottman, the vice president of personal trust and estate services at the bank, recalled arriving in the city in 1981 as a 22-year-old Montana transplant. That year, the gay newspaper the Bay Area Reporter published the word AIDS for the very first time.

Although the paper has been at the forefront of reporting gay news for its 40 years — from White Night Riots of the 1970s through the Lavender Sweep of the 1990s, the Bowers vs. Hardwick decision through the “don’t ask, don’t tell” repeal — the way it straightforwardly handled the heartbreak of AIDS and the outrage that followed has become its lasting legacy.

“This was not stuff that was shown on the nightly news,” Ottman continued. “The B.A.R. was three or four months ahead in covering AIDS. In that sense, it was really the leader.”

This month, those with a thirst for history will need to look no further than newsprint. Union Bank’s LGBT Alliance has commissioned a retrospective exhibit highlighting the Bay Area Reporter’s coverage of the gay and lesbian community.

When the B.A.R. started in 1971, founders and friends Paul Bentley and Bob Ross had the intention of making it more than just a gossipy guide to bars and bathhouses. The newspaper focused on serious local news — even recruiting Harvey Milk as a political columnist.

“The founders weren’t journalists,” said Rick Gerharter, the longtime freelance photographer who curated the photo- and front page-filled exhibit at Union Bank. “But as the paper grew, it certainly became more professional.”

In 1981, when AIDS first appeared, the B.A.R. had no choice but to undergo a journalistic coming of age as it struggled to be first and be fair covering the mysterious disease that had begun to mow down gay men.

 

UNEASY EARLY AIDS COVERAGE

Yet the newspaper was not immune to the confusion and uneasiness that enveloped the community during the early days of the “gay cancer.”

“Me and my boyfriend both laughed — it must be another Anita Bryant plot against homosexuals,” said Robert Julian, recalling his first response to talk of the “gay-related immunodeficiency” or GRID.

“Gay people are united by sexual orientation, not genetics,” said Julian. Initially, the former B.A.R. entertainment editor and author of But the Show Went On: San Francisco 1987-1988 had his suspicions, thinking that a “physical ailment confined solely to gay people was a practical impossibility.”

It didn’t take long before the B.A.R. began reporting on the latest research, medical resources, and information about financial services available to the hundreds of gay men in San Francisco who had contracted the HIV virus.

Once researchers discovered that AIDS was being transmitted sexually, public opinion divided. Then-Mayor Diane Feinstein and Director of Public Health Mervyn Silverman wanted to close the bathhouses, but some members of the gay community considered this a violation of personal rights.

“There was this repression around gay people and sex, this hysteria around bathhouses,” said Gerharter. And the B.A.R. was hesitant to feed into that frenzy at first. “When it was clear what was really happening, how this thing was being spread around, then it clicked — and the paper really jumped to the forefront of covering what had tuned into an epidemic.”

 

STEAMY BATHHOUSE DEBATE

The paper not only began to cover the AIDS crisis extensively, but did it with an editorial slant that fostered debate in the community. Paul Lorch, then-managing editor, became a prominent voice arguing to keep the bathhouses open. Bathhouses don’t give you AIDS; unprotected sex gives you AIDS, Lorch expressed in strongly-penned editorials. Sometimes he even answered back to Letters to the Editor.

“Lorch and the publishers didn’t believe closing the bathhouses would solve it,” said Wayne Friday, who took over the paper’s political column after Harvey Milk was assassinated and continued it for 27 years. “But no one had an alternative. Diane [Feinstein] would call me at 5 a.m. asking me what we should do about this thing.”

The community was split. Some, including Friday, believed that the bathhouses were a public health hazard while others accused Feinstein of scapegoating. “Those people were being selfish and foolish,” Friday said. “Closing the bathhouses saved lives.”

In 1984 the San Francisco Health Department asked for a court order forbidding renting out private rooms in bathhouses. Without the luxury of privacy, most closed within months. “San Francisco became a blueprint of how to handle AIDS on the city level for the rest of the country,” Friday said.

 

OBITUARIES KEPT SAD TALLY

During this time, the B.A.R. was also keeping a more morbid type of tally: the obituaries. Each week the paper published two pages — 30 to 50 obituaries — until 1998.

“When you picked it up, it was the first thing you turned to,” Gerharter said. “It was just a name and a face. Maybe you recognized the person. Maybe someone you tricked with.”

In 1989, art director Richard Burt became so overwhelmed by the number of obituaries that had been turned in to the B.A.R. within the first 10 months that he wanted to convey the sinking feeling in the pages of the paper. The Nov. 16 issue included a four-page collage of everyone who had passed away due to AIDS that year. Just a name and a face.

“It was heartbreaking,” Julian said, “to see my friends and lovers pictured there.”

Through the efforts of Tom Burtch and the San Francisco GLBT Historical Society, a massive searchable online database of B.A.R. obituaries since 1979 was launched in 2009 (www.leifkerdesigns.com/olo/index.jsp).

During his tenure at the paper, Julian chose not to cover AIDS, feeling that the point of entertainment news was to distract away “from the soul-crushing presence of the grim reaper stalking our neighborhoods.”

Though AIDS was a heavily political newsbeat, Friday removed himself from covering it for different reasons. “I knew every elected official. I sat in on all the City Hall meetings about the bathhouses,” Friday said. “But I just couldn’t do it every week. It was too damned personal.”

“Thinking about turning the page to those obituaries even now is making me shiver,” Ottman said. “It’s like a high school reunion, except you don’t know which half made it.”

 

COVERING THE RISE OF ACTIVISM

The B.A.R. was also instrumental in covering the various political and protest actions that accompanied the disease, including the bloody police sweep of ACT-UP protesters the Castro and the Stop AIDS Now or Else blockade of the Golden Gate Bridge, both in 1989.

Gerharter remembers the blockade. “They arranged it for the morning commute. And thank God it was foggy or else the surveillance cameras would have stopped us.”

Gerharter would often be trusted with information about an upcoming demonstration and be the only photographer allowed to tag along. “You can document history better when you become a part of it. You get closer to the people — they’re not posing,” he said. “It was our job to be advocates and watchdogs.”

After consistently seeing the tragedy of AIDS on the front page for almost a decade, the B.A.R. became more active itself, inciting its readers to action. “We’d read the B.A.R. to find out about the rallies were happening so we could skip work and take a road trip to Sacramento,” Ottman said. “The Chronicle would never cover that.”

When the fight against AIDS became a war, the B.A.R.’s writers often felt like they had become war correspondents, complete with all the outsize personality conflict and drama of the classic stereotype.

“[Bob] Ross was a nightmare boss, a pain in the ass, and complete rageaholic,” Julian said of B.A.R.’s often conservative cofounder, who died in 2003. “But he was committed to keeping the paper and us running.”

THE BAY AREA REPORTER 40TH ANNIVERSARY EXHIBIT

Through June 30, 9 a.m.–5 p.m.

Union Bank Main Branch

400 California, SF

 

Suhr: SFPD Tasers not a priority

Asked on June 17 for an update on a San Francisco Police Department bid to research and implement the use of Tasers, Police Chief Greg Suhr indicated that it was on the back burner for now.

“I know that the Tasers and all were a huge discussion in prior administrations,” Suhr said. “I think right now with everything else that we have going, and especially with budgetary constraints right now, that in all honesty we really haven’t gotten to that yet.”

Among community concerns surrounding Tasers earlier this year were fears that adopting the so-called nonlethal weapons would overshadow a parallel effort to improve police responses to calls involving the mentally ill.

Asked about progress on the implementation of Crisis Intervention Training (CIT), a program advocated by Police Commissioner Angela Chan to train officers to better respond to calls involving the mentally ill, Suhr noted that he backed CIT and had taken preliminary steps to improve the department’s response in those situations.

“Within the first week that I was here, we put in a new policy and a procedure where every single mentally ill call is to be treated as a mini-critical incident, so a sergeant responds, takes charge of the scene, a little perimeter is set up, and unless that person is a danger to someone other than themselves, we wait. It’s basically a slowdown,” Suhr explained.

Community advocates championed CIT as an important step forward in the wake of the Jan. 4 shooting of Randal Dunklin, a wheelchair-bound, mentally ill man who was brandishing a knife outside the city’s Department of Public Health building. Dunklin allegedly stabbed an officer and suffered a nonfatal gunshot wound to the groin after he had tossed the knife.

Nat Ford’s contract isn’t the only problem

4

I’m glad Leland Yee and John Avalos are criticizing the $384,000 severance package for Muni chief Nat Ford. Yee’s even collecting signatures on a petition. None of which will matter, though — the MTA is going to approve this and Ford (who, in essence, appears to have been fired for doing a bad job) will walk away with the cash.


That’s because the MTA didn’t have a lot of choice. The guy had a contract. And it included, I’m sure, mandatory severance if he was dismissed for any reason before the end of the term.


Why do (some) department heads have employment contractsthat include severance payments? I don’t know. The police chief doesn’t have one. The director of public health doesn’t have one. In fact, most senior city employees don’t get guaranteed golden parachutes.


But the head of Muni does. The head of the Transbay Terminal project does. The last head of the SF Public Utilities Commission did; I don’t know if the current person has one, too, but it’s likely.


This is a problem.


Why should some selected department heads get special contracts, while your average department head gets nothing? Why should city employees at the top get severance when your average working city employee gets none?


There’s no clear definition of which department heads get special deals and which ones don’t. It’s up to the commissions. That’s what Yee and Avalos ought to be working on — changing the rules to get rid of these severance contracts in the first place.


 

Behind the all-smiles budget

2

news@sfbg.com

When Mayor Ed Lee released his 2011-12 budget proposal June 1, all was sweetness and light at City Hall.

The mayor delivered the document in person, to the supervisors, in the board chambers. Sup. Carmen Chu, chair of the Budget Committee, was standing to the mayor’s right. Board President David Chiu was to his left. There was none of the imperious attitude we’d come to expect in the Gavin Newsom era — and little of the typical hostility from the board.

As Sup. David Campos, who was elected in November 2008, remarked afterward: “It’s the first time since I’ve been elected that the mayor has taken the time to come to chambers. It’s reflective of how this has been a lot more of an inclusionary process.”

Lee went even further. “This is a pretty happy time,” he said. “There are no layoffs, and instead of closing libraries we’ll be opening them.” That earned him an ovation from assembled city leaders, including mayoral candidates City Attorney Dennis Herrera and Assessor-Recorder Phil Ting along with District Attorney George Gascón. “I think this budget represents a lot of hope.”

It’s true that this year’s cuts won’t be as bad as the cuts over the past five years. It’s also true that the pain is spread a bit more — the police and fire departments, which Newsom, always the ambitious politician, wouldn’t touch, are taking their share of cuts.

But before everybody stands up and holds hands and sings “Kumbaya,” there’s some important perspective that’s missing here.

Over the past half-decade, San Francisco has cut roughly $1 billion out of General Fund spending. The Department of Public Health has eliminated three- quarters of the acute mental health beds. Six homeless resource centers have closed. The waiting list for a homeless family seeking shelter is between six and nine months. Muni service has been reduced and fares have been raised. Recreation centers have been closed. Library hours have been reduced.

In other words, services for the poor and middle class have been slashed below acceptable levels, year after year — and Mayor Lee’s budget doesn’t even begin to restore any of those cuts.

“We’re not ready yet to restore old cuts,” Lee told the Guardian in a June 2 interview. “It was enough for us to accomplish a pretty steady course and keep as much. Particularly with the critical nonprofits that provide services to seniors and youth and homeless shelters, we kept them as close as we could to what last year’s funding was.”

But the current level of funding is woefully inadequate. As Debbi Lerman, administrator of the Human Services Network, noted, the people who work in the nonprofits Lee was talking about haven’t had a pay raise in four years — even though the cost of living continues to rise. “Our costs have gone up with cost of inflation,” she noted.

She said the cuts over the past few years have deeply eroded services for children, homeless people, substance abuse programs, and others. “There have been significant cuts to every area of health and human services.”

And in a city with 14 billionaires and thousands more very wealthy people, Lee’s budget is distinctly lacking in significant new ways to find revenue.

 

THE GOOD NEWS

Just about everyone agrees that the budget process this year has been far better than anything anyone experienced under Newsom. “He [Mayor Lee] listened to everybody,” Lerman said. “That doesn’t mean they fixed everything. Mayor Lee fixed as much as he could.”

At his press conference announcing the release of the budget, Lee thanked Police Chief Greg Suhr for having already made significant cuts through management restructuring and for considering an additional proposed cut of $20 million.

“We want to thank you for that great sacrifice,” Lee said, addressing Suhr, who sat in front row of public benches, dressed in uniform. Lee next acknowledged that adequate funding for social services also helps public safety. “Without those services, officers on the street would have a harder job,” he said.

Lee also praised the departments of Public Health and Human Services for helping to identify $39 million in federal dollars and $16 million in state dollars, to help keep services open and the city safer.

Lee noted that San Francisco no longer has a one-year budget process and has just released its first five-year financial plan as part of its decision to go in five-year planning cycles.

“To address this, I’ve asked for shared sacrifice, ” Lee continued, adding that he recently released his long-awaited pension reform charter amendment, emphasizing that it was built through a consensus and collaborative-based approach.

Lee also said he would consider asking voters to approve what he called “a recovery sales tax” in November if Gov. Jerry Brown is unable to extend the state’s sales tax. That would bring in $60 million — but it is only on the table as a way to backfill further state budget cuts.

Lee observed that San Francisco is growing, the economy is looking brighter, and unemployment is down from more than 10 percent last January to 8.5 percent today. He plugged the America’s Cup, the city’s local hire legislation, the Department of Public Works’ apprenticeship programs, and tourism, both in terms of earmarking funding in the budget for these programs and their potential to boost city revenues.

He said his budget proposed $308 million in infrastructure investments that include enhanced disability access, rebuilding jails, and energy efficiency, and is proposing a $248 million General Obligation bond for the November ballot to reduce the street repair backlog.

“We will get these streets repaired,” he promised.

“This submission of a budget is not an end at all, it’s the beginning of the process,” he continued, going on to recognize Chu for her work getting the process rolling and thanking Budget Analyst Harvey Rose in advance. “I do know his cooperation is critical.”

And he concluded by thanking each of the supervisors. “I will continue enjoying working with you — we need to keep the city family tight and together.”

The sentiment was welcomed by supervisors. “As he said, this is the beginning of the process, and it’s an important and symbolic step” Campos said. “The budget shows that a lot of good programs have been saved. But there is still work to do.

“There are still gaps in the safety network,” he added, singling out cuts to violence-prevention programs. “It’s my hope they will be restored.”

 

THE BAD NEWS

But even if the cuts for this year are restored, the city budget is nowhere near where it ought to be. “We still had to make cuts,” Lee acknowledged.

“We did consider very seriously a whole host of revenue ideas that we had,” he said. “They were not off the agenda at all.” At the same time, he noted that state law requires a two-thirds vote for new taxes (although that threshold drops to 50 percent in presidential election years). “We decided that it’s not that they were bad ideas, but that we wouldn’t be able to sell them at this time.”

Lee praised some of the revenue ideas that have been suggested in the past year, including the alcoholic beverage fee proposal by Sup. John Avalos, which Lee called “a pretty good idea.” He said that “a year or two from now” an additional sales tax and a parcel tax (for the police or for schools and open space) might be on the agenda.

The city now has a multiyear budget process and projections are supposed to go beyond a single year. But what’s missing — and what nobody is talking about — is a long-term plan to restore critical city services to a sustainable level. That means talking — now — about tax proposals for 2012 and beyond and including those revenue streams in long-term budget planning.

Because the city parks, the public health system, the libraries, the schools, affordable housing programs, and the social safety net are in terrible condition today, the result of year after year of all-cuts budgets. And while the supervisors and the mayor wrangle over the final details, and advocates try to win back a few dollars here and a few dollars there, it’s important to recognize that this budget does nothing to fix the damage.

“We’re about $10 million short of what we need right now to keep service providers at current levels,” noted Jennifer Freidenbach, who runs the Coalition on Homelessness. “But we also need to restore the health and human services system that was slaughtered under Gavin Newsom.”

Supervisors and activists decry businesses that deny wages to low-income workers

13

For one of this country’s first government hearings regarding wage theft yesterday (Thurs/12), San Francisco activists, public employees, and politicians alike were determined to find ways to address issues surrounding low-income workers who are paid below minimum wage or otherwise deprived of money they’re entitled to.

Wage theft may involve a number of different violations including payment below the minimum wage, obligation to work off the clock, and denial of overtime and sick pay. Low-income jobs such as construction work, hospitality and domestic care are the most cited types of employment for wage theft and wage theft disproportionately affects communities of color and those with language barriers.

“We are not going to allow any worker in San Francisco to be exploited,” said Sup. David Campos said on the steps of City Hall, later presiding over the Government Audit and Oversight Committee hearing on the issue. “Wage theft affects the lowest wage workers and their ability to make a living and survive in these tough economic times.”

The pre-hearing protest and the meeting was comprised of workers with emotional stories of poverty and injustice. Other speakers included Donna Levitt, the director of the Office of Labor Standards Enforcement, the agency in charge of overseeing claims of employers withholding wages, and Rajiv Bhatia, the director of Occupational and Environmental Health at the San Francisco Department of Public Health.

Levitt said that 500 claims of wage theft have been addressed by the OLSE since the minimum wage law’s inception in 2003. Dan Goncher of Harvey M. Rose Associates, which does budget analysis for the city, cited data showing that the OLSE takes significantly longer to go through the hearing process for back wages than other agencies. However, Levitt mentioned that 97 percent of cases are settled and never go to the City Attorney’s Office for a hearing.

“Very little thought from our policymakers was made on how this was going to be enforced,” Levitt said of the current minimum wage law.

The coalition of community organizations including Young Workers United, Filipino Community Center, Chinese Progressive Association, San Francisco Tenants Association, Unite Here Local 2, Mujeres Unidas y Activas, and others joined together for the protest in order to raise awareness of some proposed amendments to the current minimum wage enforcement law.

Co-sponsored by Campos and Sup. Eric Mar, the amendments would add additional penalties such as raising the fine for employers from $500 to $1,000 for retaliating against workers exercising rights under the current law, the ability to interview employees and inspect payroll records at places of business, the requirement of notifying employees when an employer is being investigated, and to posting of a public notice when an employer fails to comply with a settlement agreement.

“We want to see the city taking a stronger commitment to addressing the issue of wage theft,” said lead organizer of the Chinese Progressive Association Shaw San Liu. “We don’t want this to be a one-day publicity stunt.”

One of the workers, who spoke about his experience of wage theft, recalled working long hours without the assurance of payment. “We would wait for hours for them to come back pay us but they never came,” Jose Cruz, a day laborer and client of La Raza Centro Legal, said about one of his jobs.

Bhatia explained to the supervisors and crowded audience in the committee hearing room that in the last week, 26 percent of the nation’s low wage workers were paid less than minimum wage. He also outlined different steps such as tracking chronic violators and training health inspectors to make referrals to local enforcement agencies in cases of non-compliance, so the SFDPH could support the community efforts in decreasing wage theft.

In addition, both Campos and Board President David Chiu made a point of speaking about how wage theft also detrimentally affects businesses.

“Most businesses play by the rules and those businesses are at a disadvantage when we allow businesses to not follow the rules,” said Campos.

“This is not about workers versus businesses,” Chiu said. “The issue of wage theft effects workers and workers’ families across the city.”

Coal company gets punked by the Yes Men

The Yes Men, that prankster-activist group that has ruined many a corporate exective’s day, have struck again. This time their target is the notorious Peabody coal company, which operates environmentally devastating mountaintop removal mining sites in West Virginia and has strip mining operations in Arizona.

It may take a minute to realize that Coal Cares is a fake. Designed to look like a website for a Peabody-funded nonprofit, the faux charity offers free “Puff-Puff” designer inhalers for kids living within 200 miles of a coal plant. The site features a “Kidz Koal Korner” (an interesting spelling choice that could be meant as a subtle reminder of the environmental racism issues associated with coal-fired power plants), and a selection of inhalers with themes ranging from “Miley Cyrus” to “The Bieber” to “Punk / Emo.”

The humor is dark. For example, a kids’ game page features a maze with a drawing of the character “Jimmy” at the beginning and an inhaler at the end. It’s titled, “Help! Jimmy is having trouble breathing. Help him find his inhaler, quick!”

A section called “‘Clean’ Energy” features some over-the-top misinformation about wind power: “Wind technology is another ‘alternative’ wild card. Every single year, gargantuan wind turbines kill literally thousands of birds—especially when the turbines are located in the middle of migration paths. Exploding bats are also a growing problem, as vibrations from turbines causes the rodents’ lungs to burst apart in mid-flight.”

But a press release on the Yes Men’s website reveals that the issues that inspired this hoax are no laughing matter. Peabody was targeted for lobbying against new pollution standards for power plants that have been proposed by the Environmental Protection Agency — rules that the agency has calculated could prevent 120,000 cases of childhood asthma per year in the United States.

The press release noted that the action was dreamed up by a small environmental and public health group called Coal is Killing Kids (CKK), which aims to challenge coal industry lobbying against rules that would strengthen the Clean Air Act. “We don’t have their millions, but we do have a knack for incredibly tasteless jokes,” said Veronica Tomlinson, a pediatrician and member of CKK.

“Sure, it’s kind of tasteless to say that ‘Bieber’ inhalers are a solution to childhood asthma,” said Janet Bellamy, a spokesperson for CKK. “But it’s a great deal more tasteless to cause that asthma in the first place, as coal-fired power plants have been proven to do.” Added CKK spokseperson Justin V. Bond: “It’s even more tasteless to disproportionately kill poor people.”

Garbage shuffle

1

sarah@sfbg.com

The Department of Public Health has scheduled a May 13 hearing to review allegations that Recology subsidiary Sunset Scavenger overbilled for trash collection at a condominium building for years, resulting in $84,544 in excess charges, erroneously charged the building commercial rates, and is refusing to make a full refund. Recology counters that the building’s managers oversubscribed, and the company gave a three-month refund as a show of good faith, but considers additional refunds punitive.

The hearing should interest the 21 percent of San Francisco residents who own units in condominium buildings. According to the Assessor-Recorder’s Office, 42,478 of the city’s 200,409 recorded parcels are now condominiums, with 3,192 registered as live/work, 38,300 as market rate, 980 as below-market rate, and 958 as commercial condo parcels as of fall 2010.

This struggle between ratepayers and Recology, which controls almost all aspects of the city’s $275 million-a-year waste stream, seems emblematic of the problems that can arise when a monopoly is only partially regulated by local officials (the city does not have oversight of commercial collection rates) and then only in a labyrinthine process.

DPH’s May 13 hearing comes three weeks after the Board’s Budget and Finance Committee voted to wait until July before deciding whether to award the city’s next landfill disposal contract to Recology. And it hits 18 months after the Department of the Environment, which derives half its budget from Recology’s rates, first tentatively awarded the city’s landfill contract to the San Francisco based garbage giant.

Since then critics have questioned how Recology got its monopoly, whether the arrangement benefits rate payers, and whether it makes environmental sense to haul the city’s trash all the way to Yuba County, as Recology is proposing.

In February, the budget and legislative analyst recommended that the city replace existing trash collection and disposal laws with legislation that would require competitive bidding on all aspects of the city’s waste collection, consolidation, and recycling system.

The analyst also recommended requiring that refuse collection rates for residential and commercial services be subject to board approval, noting that competitive bidding could result in reduced refuse collection rates (see “Garbage curveball,” 02/8/11).

“The latest report says that the current system has been in existence since 1932 and let’s put it out to competitive bid,” said budget and legislative analyst Harvey Rose.

A 2002 report by Rose noted that the city has no regulatory authority over commercial refuse rates. “Instead, commercial rates are subject to agreements between the permitted and licensed refuse collectors and individual commercial producers of refuse, commercial tenants and building owners,)” the report stated.

Rose’s report also found that commercial building owners often pay commercial refuse fees to Recology, so tenants don’t know how much they are paying. “Normally, if tenants occupy such buildings for commercial purposes, the commercial refuse fees are passed on to the tenants as part of the overall rent and operating costs. As a result, it is likely that many commercial tenants do not know how much they are actually paying for commercial refuse collection,” the report found.

It also noted that when the analysts attempted to complain about commercial refuse collection and commercial refuse rates (“for audit procedure purposes”) and to inquire how to lodge a complaints with the city, there was “nobody to call.”

Fast-forward nine years, and Golan Yona, who sits on the board of the Alamo Square Board Homeowners Association, which represents 200 residents in a 63-unit building on Fulton Street, claims the city gave him the run-around when he complained that, over a four-year period, Recology subsidiary Sunset Scavenger billed his building to pick up two, two-yard compactor containers three times a week but only picked up one. “Each time one of the bins is being put out for collection, the second bin is connected to the trash chute,” and thus not in service for pickup, Yona said.

But Recology claims that HSM Management, the company the homeowners association hired to manage its building, “oversubscribed” for waste collection. Recology also notes that the commercial rate the association paid resulted in the building being charged a lower monthly cost, but that Sunset recognized this as an “internal error” and therefore is not pursuing collection of the undercharged amounts.

Recology spokesperson Adam Alberti characterized the disagreement as “a pretty simple billing dispute,” even as he claimed that HSM sometimes put two bins curbside.

“Recology has been providing a level of service that was not fully utilized,” Alberti said. “They had two bins and were only setting out one, though there were numerous times throughout the year when they set out two bins.”

Alberti said the responsibility lies with the condo group, which opted for that level of bin service. “At some point they called to discuss ways to reduce their bill, at which point Recology suggested they reduce their service to one bin. At that point, the homeowners association sought compensation,” he said.

“No, this is based on actual consumption,” Yona told the Guardian, claiming that Sunset has no problem charging extra if buildings put out extra bins.

Alberti claims it’s “far more common” for buildings to oversubscribe. “They plan for peak times,” he said. “As a good faith gesture, the company sought to come to terms with the customer — but they weren’t able to do so.”

DPH’s Scott Nakamura confirmed that rate hearings are rare in his department. “This is the first time in 30 years that I have heard of a dispute like this going to the DPH — and I’ve been working here more years than I’d like to admit,” he said.

Based on his experience and Rose’s 2002 report, Yona suspects that the reason for this lack of hearings lies with a lack of process — not a lack of complaints.

Yona held up a flow chart that depicts 17 contacts he had with City Hall in a five-week period as he tried to find out how collection rates are set, how homeowners can determine what their building should be paying, and how they can register complaints.

These included calls to the City Attorney’s Office, Department of Public Works, Department of Public Health, and the DPH’s offices of Environmental Health and Solid Waste.

As a result of his persistence, Yona discovered that the city’s refuse collection and disposal ordinance, adopted Nov. 8, 1932, stipulates that DPH’s director can revoke the license of any refuse collector “for failure in the part of the refuse collector to properly collect refuse, or for overcharging for the collection of same, or for insolence toward persons whose refuse he is collecting.”

In a complaint submitted to DPH director Barbara Garcia on behalf of Alamo Square Board HOA, Yona wrote: “We would like to note that our attempts to talk to the right authority in City Hall have met so far with difficulty. The seriousness of the matter requires intervention of the highest authority in City Hall.” 

Kids on bikes

0

news@sfbg.com

To meet San Francisco’s policy goal of having 20 percent of all vehicle trips made by bicycle by the year 2020, advocates and officials say the city will need to make cycling more attractive to the young and old, from age 8 to 80. But there are some built-in challenges to getting more school children on bikes, even if there has been some recent progress, as demonstrated during the Bike to School Day in April.

“I see more and more middle and high school teams out there,” Leah Shahum, executive director of the San Francisco Bicycle Coalition, said of the group rides to and from school that parents have been organizing.

According to a 2009 David Binder poll, seven out of 10 residents in San Francisco use a bicycle (this includes regular commuters and once-a-year riders) and last year’s city count of bike ridership from the San Francisco Municipal Transportation Agency’s annual report saw a 58 percent increase in the number of cyclists on the road. At any given time during regular business weekday hours, some 9,210 riders pedal through the streets, according to last year’s results.

Children account for some of that increase, as demonstrated by the Bike to School Day event and its 3,000 riders — the most ever. Shahum attributes some of the increase to the new separated bikeways on Market Street, Alemany Boulevard, and Laguna Honda Boulevard, which allow children and their parents to feel safer. “When the bikeway was introduced, the numbers increased — there is growing demand.”

Programs like the Department of Public Health’s Safe Routes to School and SF Unified School District’s Student Support Services Department are helping to raise awareness of the improvements to encourage more cycling by young people.

Safe Routes to School Project Coordinator Ana Validzic said cycling is often more convenient than driving to school, particularly given the difficult parking situations at schools. Martha Adriasola, a committee member for the program, said parents and students also are attracted by the increased physical activity from cycling.

But a large portion of San Francisco’s grade school-bound population has yet to join the pedal revolution. Adriasola mentioned several reasons that prevent children from biking, including getting to schools on hills or far from home as well as the lack of bike storage at schools.

“There used to be a lot of concern about where to keep the bicycles,” Adriasola told the Guardian. But that’s changing thanks to a recent grant from the Department of Sustainability will provide bike racks for students at all schools in the district.

“That was one of the missing pieces,” Shahum said of the bike racks. “The district understands that it is good for the city for folks to ride their bikes.”

With new racks lining the campuses, the question remains whether there will be enough riders to fill them. Efforts to improve diversity in the school system and parent preferences for certain schools mean many kids travel across town to school.

Gentle Blythe, SFUSD’s executive director of public outreach and communications, said that last year the school board modified its school selection system to encourage more students to attend their local schools by resolving ties between applicants based on whether the applicant lives in the school’s attendance area. Currently, Blythe said, three out of every four applicants list a school that is not the one closest to their home as their first choice.

According to SFUSD’s 2010 fall enrollment maps, which show all the district’s elementary schools and compares them to the students’ residences, most of the 72 schools have as many students traveling from across the district as those living within a mile of the campus. Parker Elementary in North Beach is such an example, with an almost equal number living inside and outside the neighborhood, including some who live as far away as Visitacion Valley.

With such a long way to ride, it’s difficult for parents and those concerned with safety to feel comfortable allowing children to ride. But Shahum believes it’s still possible. SFBC’s Connecting the City project advocates for safe, cross-town bikeways throughout the city, which could draw more children onto the streets.

Shahum noted that bicycling increased dramatically even when there was a court injunction barring new bike projects. “Imagine the change we can expect when the changes do come,” she said.

She also said that events such as Sunday Streets, the monthly carfree streets events, are attracting families and encouraging them to start cycling together. So the answer to encouraging more youth cycling may be to make the streets safer and more inviting for everyone.

“We hope, through the Connecting the City vision, to see people riding on cross-town bikeways — for everyone from 8 to 80.” she said. 

HOC farmers market bans live chicken sales

15

Feathers will cease to fly over alleged cruelty practices at the Heart of the City Farmers Market that we reported in February. The outdoor Civic Center market has announced it will no longer offer live poultry for sale as of May 27, a practice that had been grounds for a lawsuit and two years of fervent protesting from animal rights groups.

Raymond Young’s Poultry, a popular vendor, has been selling live chickens by the hundreds for nearly two decades at the HOC market every Wednesday and Sunday. In January, animal rights activist group LGBT Compassion filed a lawsuit alleging cruelty and civil rights violation against Young and the HOC after months of protesting and several attempts to get city agencies involved.

While the poultry stall remained popular with its largely Chinese clientele in spite of an ever-present throng of protesters, the practices caught the attention of Animal Care and Control and the Department of Public Health. Young had received hundreds of citations from ACC and warnings from the DPH, but they were essentially void due to an exemption in California law pertaining to poultry.

HOC market managers would not comment for this story, nor would Raymond Young. While the lawsuit is still pending, the announcement was perceived as a victory to the activist group.

“It sent a message to the city and to the public that animal cruelty and public health offenses is not acceptable and should not be endorsed or subsidized by the city,” said Andrew Zollman, founder of LGBT Compassion. “Having the market finally recognize that something like that should change is great.”

Zollman and fellow protestor Alex Felsinger filed the lawsuit with San Francisco attorney Matt Gonzalez. Zollman said that they had continued to protest in the months since filing the suit. Along with ACC, they said that Young had repeatedly violated animal cruelty laws and health codes even after the level of scrutiny on his stall had increased.

The ACC, which had cited Young hundreds of times for practices such as unsanitary conditions, lack of water, and improper handling of the chickens, viewed the decision by the market to ban sales as good news.

“Animals are food for a lot of people, but as Proposition 2 in California exhibited, people do care about the treatment of them,” said Rebecca Katz, director of the ACC, referring to the Prevention of Farm Cruelty Act of 2008. “If the vendors had been able to treat the animals appropriately, I don’t think it would have become this issue. This was profitable; he still could have made good money and done it properly.”

Bullfeathers Quail, the other live bird vendor at the market, had received significantly less attention from protesters and city agencies because it sold far fewer birds – about 350 per week – and had not been accused of nearly as many violations. Nonetheless, the vendor will also be banned.

Zollman said they will continue to protest the stall up until May 27, mainly because they fear the vendors will operate with a higher level of disregard since they have “nothing to lose.” Although they have received caustic criticism from groups who believe their protests are an attack on Chinese culture, they will plan to shift their attention north to Chinatown to live markets operating there.

“We are hoping that what we have learned and what city agencies have learned will pave the way,” said Zollman.

Last stand against Lennar

2

news@sfbg.com

Hunters Point, the last major swath of usable land in San Francisco, appears at first glance to be a developer’s dream — a prime piece of real estate with sweeping views of the bay, ample space, and a city government eager to capitalize on its potential.

But community groups have filed lawsuits challenging the project’s many uncertainties, such as the fate of the toxic stew beneath the former U.S. Navy base in the heart of the project area, and both sides are now awaiting a court ruling on whether more studies are needed.

As an EPA-designated Superfund site, the 500-acre plot is home to an abundance of buried chemical contaminants, radioactive waste, and other unknown toxins, and the Navy has been slow to clean it up. Concerned that development plans have been premature in the face of this lingering mess, opponents filed lawsuits against developer Lennar Corp. and the city last year.

The project, approved July 2010 by the Board of Supervisors, includes plans for a new stadium for the 49ers, 10,500 housing units, parks, and commercial retail space. It has received praise from city and state government agencies as an economic and cultural boon to the community. But activist groups say the cleanup should happen before development occurs.

The Sierra Club settled its lawsuit over the project after the developer made some design changes (see “Uncertain developments,” Jan. 18), so the lawsuit filed by People Organized to Win Employment Rights (POWER) and Greenaction is the last piece of litigation holding up the project. At the core of the legal challenge is whether the environmental impact report (EIR) properly analyzed the health impacts from toxic contamination at the site. After an April 18 hearing on the case, both sides are awaiting a ruling on whether the claims have merit and should be the subject of further study.

Activists claim the EIR violates California Environmental Quality Act protocols because it contains too much uncertainty, including the unknown fate of a large parcel of land slated for a stadium that is contingent on whether the 49ers decide to stay in San Francisco. POWER wants more details about the possible threats to human health before the 20-year project gets the final green light. But since the Navy is responsible for the cleanup, Lennar and the city have repeatedly countered that a full analysis is not their responsibility.

“The main issue that Greenaction and POWER have been concerned about throughout lawsuit is that it’s very unclear from the EIR what exactly is going to happen and what level of contamination will be left,” said attorney George Torgun with EarthJustice, which is representing the community groups. “What are the impacts of building on a federal Superfund site? There is a real lack of knowledge in the EIR.”

April 18 was the second of two recent hearings held on the case. On March 24, Judge Ernest H. Goldsmith listened to a full day of testimony before a packed courtroom. Subsequent settlement discussions weren’t successful, so both sides returned to court to seek a ruling that is expected sometime in the next two months.

Lennar attorneys offered to relinquish the possibility of a pre-cleanup early transfer of the property, which has been a major concern for POWER. Under this proposal, no development on any of the six parcels slated for transfer from the Navy could proceed until the federally mandated cleanup process was finished and certified. However, POWER does not believe this offer reduces the scope of the issues because final approval would still ultimately award control of the land to the developer based on what they believe is a flawed EIR.

“Severing any discussion of early transfer from this EIR would only serve to worsen the defects that petitioners have identified and would be contrary to the requirements of CEQA,” Torgun wrote in the April 13 letter to the court.

POWER’s counterproposal would allow large portions of the project to go through — rebuilding the Alice Griffith housing project and development on Candlestick Point — but Lennar considers it economically unfeasible. These portions of the project are not located on the shipyard but are included in overall plan.

“We want to see the project move forward with Alice Griffith and Candlestick Point,” said POWER organizer Jaron Browne. “They’ve rebuilt housing projects at Cesar Chavez and other areas in the city — why can they only rebuild this one if they can redevelop the shipyard? It’s a political game that Lennar has tied the rebuilding of it to this mammoth 770-acre development.”

Lennar representatives wouldn’t comment for this story. Community members have clashed with the megadeveloper over health issues in recent years. In 2008, Lennar was fined more than $500,000 by the Bay Area Air Quality Management District for allowing dust containing asbestos to settle on the surrounding neighborhoods. Then, in March, community organizations released a report showing e-mails from 2006 to 2009 between the EPA, the San Francisco Department of Public Health, and Lennar revealing a possible cover-up of the asbestos exposure.

“They underestimated our understanding of what is happening here,” Browne said. “The whole heart of this issue is that this is a Superfund site. Even if you remove the possibility of early transfer, they are still planning on doing work while remediation is still years to go on other parcels.”

Longtime Bayview resident and Greenaction member Marie Harrison said that not only is the EIR too fraught with uncertainty, it’s incomplete. “There are over 600 blank pages in that document,” she said. “How can you approve an EIR that is supposed to tell you what is there, what the effects will be, and what the project will be? We kept asking the supervisors: How do you convince the community that they are doing something that is good and safe when the history shows otherwise?

During both court hearings, it was evident no clear definition of the project exists since it contains many variables to account for unknowns. Attorneys for Lennar and the city argue that the EIR effectively addresses each potential use and demonstrates a full knowledge of possible contaminants.

Wilma Subra, an environmental scientist for New Orleans-based Environmental Health Advocates, has worked with POWER and Greenaction to understand the breadth of contamination and the typical process of cleanup of a Superfund site. She pointed out that the Navy’s cleanup plan is completely separate from the EIR submitted for the project.

“Those two documents don’t agree with what development will be,” Subra said. “Usually you wait much longer in the process to really know that the land is safe. In a normal Superfund process, you would first do an implementation of the remediation process, find out if it worked, then — years down the line — you would start thinking about development.”

If the EIR is deemed inadequate, Lennar and the city will be required to further analyze the contaminants, outline cleanup strategies, and resubmit a new EIR. If the judge rules the EIR satisfies CEQA, the project can move forward.

“CEQA is one of the few really democratic processes,” Browne said. “If you just have this one moment in 2011 when people are able to comment and weigh in, and then have 20 years where they are building within that, it’s not really fair.”

Drawing a line in the toxic triangle

5

rebeccab@sfbg.com

GREEN ISSUE California is often viewed as being among the brightest shades of green. The Golden State’s landmark climate-change legislation has proven magnetic for green-tech startups, while Northern California is defined in part by its longstanding love affair with natural foods and solar power. San Francisco boasts a well-used network of bike routes, a ban on plastic bags, mandated composting of kitchen scraps, and a host of urban agriculture projects.

While much of the Bay Area’s environmental reputation is well-deserved, things look different from poor neighborhoods where homes are clustered beside hulking industrial facilities and public health suffers. For years, grassroots organizations working in Richmond, Oakland, and Bayview-Hunters Point have sought to improve air quality and promote environmental justice in neighborhoods plagued by higher-than-average rates of respiratory disease, cancer, and other preventable illnesses.

The Rev. Daniel Buford of Oakland’s Allen Temple Baptist Church told the Guardian that he began talking about the polluted areas of Richmond, Oakland, and San Francisco as a “toxic triangle” two decades ago. It was an analogy, he explained, that plays off the mysterious deaths that the Bermuda Triangle is famous for. Yet the label also served a purpose — to unite three communities of color that were fighting separate yet similar battles against health hazards associated with their surroundings.

“There were a lot of things that weren’t in place with public consciousness that are in place now,” Buford said.

Today, he isn’t the only one uttering the catch phrase. A host of community organizations banded together as the Toxic Triangle Coalition last year to organize three forums on environmental justice in the three cities. Advocates cast the neighborhood-specific problems as three parts of a regionwide phenomenon, highlighting how pollution from shipping, crude oil processing, freeway transportation, abandoned manufacturing sites, hazardous waste handlers, and other industrial facilities disproportionately affect communities of color, where poverty and unemployment rates are already high.

Buford views the Toxic Triangle Coalition as a strategy to mount pressure for stronger enforcement of environmental laws in disproportionately affected areas. “We live in the whole Bay Area — we don’t live in one little part of the Bay Area,” he noted. “Our coalition strongly urges our state representatives in each of the counties to call for a hearing at the state level.”

 

OIL WARS

In Richmond, California’s top greenhouse-gas emitter looms as an expansive backdrop of the city, a tangled network of smokestacks and machinery near a hillside cluster of large, cylindrical oil storage containers. Chevron Corporation’s Richmond Refinery was built more than a century ago. A few years ago, the oil company began making noise about how it was in need of an upgrade.

Weaving through a blue-collar residential area of Richmond in her sedan, Jessica Guadalupe Tovar recounted how Communities for a Better Environment (CBE), the nonprofit she works for, revealed that Chevron hadn’t told the whole story when it was petitioning for a permit to expand the refinery. The oil company’s long-term goals, CBE learned from a financial report, included gaining capability to process thicker crude that tends to be sourced from places like Canada’s Alberta tar sands.

“We call it dirty crude,” she said. “But it’s really dirtier crude.”

Converting thicker crude to fuel requires higher temperatures and pressures — and that translates to higher greenhouse-gas emissions and a heightened risk of flaring and fires.

The refinery expansion could have meant an air-quality situation going from bad to worse. Public health problems such as asthma and cancer have spurred campaigns led by the West County Toxics Coalition, CBE, and other environmental justice groups. Tovar explained how CBE orchestrated an air-monitoring program in 2006, collecting samples from 40 homes in Richmond and 10 in Bolinas as a point of comparison.

While trace amounts of chemicals from household cleaners were present in both, samples from the Richmond residences also contained the same toxic compounds that spew from Chevron’s refinery. “We found pollution known to come from the oil refinery settling inside people’s homes,” Tovar explained. “Once it’s trapped in your home, it starts to accumulate.”

Chevron won its expansion permit by a slim margin in 2008 with a city council dominated by officials who had reputations for being friendly to the oil giant. Yet environmental organizations filed suit, saying the environmental impact report (EIR) approval was based on was illegal because it failed to analyze the company’s likely plans for heavier crude processing. A Contra Costa County judge ruled in favor of the environmentalists, halting the expansion project in 2009. Chevron appealed, but the decision was upheld in 2010.

Stopping the expansion was a substantial victory, but environmental justice advocates remain wary of Chevron — particularly after the company attempted to blame job losses on the green coalition that filed suit. “Chevron pit workers against us,” Tovar noted. “And also started saying, ‘This is why environmental laws are bad for the economy.'”

 

GLOBAL TRADE, LOCAL FUMES

Each day, the Port of Oakland fills with trucks waiting to load up on goods shipped in from around the globe on massive cargo vessels. It’s a local symbol of a globalized economy. But for the West Oakland neighborhoods surrounding the port, the daily gathering of diesel rigs means an unhealthy infusion of particulate matter into the air.

A report issued by the East Bay Alliance for a Sustainable Economy (EBASE), the Pacific Institute, and the Coalition for Clean and Safe Ports found that West Oakland residents are exposed to particulate matter concentrations nearly three times higher than the regional average. Health studies have shown that asthma rates in West Oakland are five times higher than that of people living in the Oakland hills, and cancer risks are threefold compared to other Bay Area cities. For the truck drivers, the risk of cancer is significantly higher than average.

A state air-quality law that went into effect in early 2010 banned pre-1994, heavily polluting diesel trucks from the port, thanks in part to years of environmental campaigning that has publicized public-health impacts associated with the diesel pollution. Yet the new regulation brought an unintended consequence: for truck drivers who must purchase their own gas and pay for their own upgrades, the new rule was ruinous. A survey by the Public Welfare Foundation found that since the new environmental regulation went into effect, 25 percent of Oakland truck drivers had declared bankruptcy, been evicted, or faced foreclosure.

Retrofitting the trucks with new air filters is a five-figure prospect, while the cost of a new truck can clear $100,000. “At the end of the day … a lot of them will only take home about $25,000 a year,” explained EBASE spokesperson Nikki Bas. “It’s an immigrant workforce who are living in poverty.”

So the Coalition for Clean and Safe Ports, which pushed for tougher air-quality regulations, is now pressuring for a reform of the trucking industry to place the cost of clean upgrades onto powerful trucking companies instead of low-wage drivers. The coalition’s campaign has sought to link the needs of the drivers and the surrounding community, organizing rallies with blue-green signs bearing the motto “Good Jobs & Clean Air” to call for a change to the truckers’ employment classification from independent contractors to employees, which would shift the cost of compliance onto employers instead of drivers.

West Oakland isn’t the only East Bay area inflicted by excessive levels of diesel particulate matter from trucks entering the Port of Oakland. The fumes also affect East Oakland neighborhoods bisected by the big rigs’ primary thoroughfares. In addition to truck traffic and freeways, East Oakland is also the site of numerous hazardous-waste handlers and abandoned industrial sites.

Nehanda Imara, an organizer with CBE who also helped put together the Toxic Triangle Coalition forums, described how her organization recruited volunteers to count the number of trucks passing through a heavily traveled East Oakland strip as a way to quantify the source of particulate matter pollution. They reached a tally of around 11,700 over the course of 10 days.

Some progress has been made to limit the exposure of diesel pollution for East Oakland residents. The city is working on a comprehensive plan to assess trucking routes, and a campaign to limit truck idling is helping to limit unnecessary tailpipe emissions.

Yet youth hospitalizations for asthma in East Oakland are 150 percent to 200 percent higher than Alameda County taken as a whole, and an air-monitoring project in that area revealed high levels of particulate matter exceeding state and federal standards.

“That’s also an environmental injustice,” Imara said. “When the laws are there, but not being enforced.”

 

TOXIC SOUP

In San Francisco’s Bayview-Hunters Point neighborhood, environmental justice groups have spotlighted the toxic stew associated with the naval shipyard and other pollution sources for years. A 2004 report produced jointly by Greenaction for Health and Environmental Justice, the Bayview-Hunters Point Mothers Environmental Justice Committee, and the Huntersview Tenants Association outlined a “toxic inventory” of the area. The inventory depicts a more complicated web of toxic sources than the asbestos dust and naval shipyard cleanup that have been focal points of news coverage surrounding Lennar Corp.’s massive redevelopment plans for that neighborhood.

“Over half of the land in San Francisco that is zoned for industrial use is in Bayview-Hunters Point,” this report noted. “The neighborhood is home to one federal Superfund site, the Hunters Point Naval Shipyard … a sewage treatment plant that handles 80 percent of the city’s solid wastes, 100 brownfield sites [a brownfield is an abandoned, idled, or underused commercial facility where expansion or redevelopment is limited because of environmental contamination], 187 leaking underground fuel tanks, and more than 124 hazardous waste handlers regulated by the U.S. Environmental Protection Agency.”

The shipyard, meanwhile, has been the central focus of controversy surrounding plans to clean up and redevelop the area. People Organized to Win Employment Rights (POWER) and Greenaction are currently challenging the EIR for Lennar’s massive redevelopment plan for the neighborhood, charging that the study is inadequate because a cleanup effort on the part of the U.S. Navy has yet to determine the level of toxicity that will need to be addressed, so the assessment is based on incomplete information. Asthma is commonplace in the Bayview, and health surveys have shown that the rates of cervical and breast cancer are twice as high as other places in the Bay Area.

“Our environmental issues are massive still, and it’s not just Bayview- Hunters Point,” notes Marie Harrison, a long-time organizer for Greenaction and a Bayview resident.

Harrison recalled the many times she’d gotten out of bed in the middle of the night to drive a friend’s or neighbor’s asthmatic child to the hospital. “That story has repeated itself tenfold in Richmond and in Oakland,” she added. Nor is the problem simply limited to those Bay Area cities, she said, noting that communities of color throughout the Environmental Protection Agency’s Region 9 face similar issues.

As awareness about the scope of the problem has increased over the years, she said, “We start to say, my God, this triangle has to become a circle.”