Rent

After 31 years, the Red Vic says farewell

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You read it here yesterday: the gloomy news that the venerable Red Vic Movie House is officially closing shop July 25 (the theater’s 31st birthday). I caught up with Red Vic collective member Claudia Lehan today to talk about the rep house, whose signature red building has long been a Haight Street institution.

SFBG: There’ve been rumors for a little while that the Red Vic was in financial trouble. What ultimately led to the decision to close?

Claudia Lehan: We’ve known for awhile that it was coming, we just weren’t sure when to tell everybody. It’s this month because it’s our birthday, as you pointed out — July 25 — and we just thought that would kind of be a way to set a marker for ourselves for the closing.

SFBG: Was it just that not enough people were coming to the theater, that you weren’t selling enough tickets?

CL: Yeah, that’s kind of the bottom line, lack of attendance or lower numbers. It’s been a long, slow, steady decline. Then again, I worked last night and it was pretty busy for Vertigo. So it’s just hard to know, but if it’s not busy enough on a regular basis that we can make it a sustainable a business…

SFBG: It must have been pretty serious, since I remember from writing my article on the Red Vic’s 30th last year that the building is actually owned by a collective member, Jack Rix, and his wife, Betsy Rix, a former collective member and one of the Red Vic’s founders.

CL: Right. Yeah, it’s hard for them. There’s definitely no bad guys in this story. I know people are always like, “Is it your rent?” — and it’s obviously not. It is really hard for them, and I think they let us go quite a lot longer than is really sensible in order to, like, hit this marker of our birthday, which is really sweet.

SFBG: What’s the mood among the staff? You mentioned you were sad, but kind of ready, too.

CL: I think for us — we’ve been telling patrons who come in to see a movie, people are asking and we’re like, “Yeah, we are closing,” and it’s kind of like doing a bit of grief counseling. People who you tell are sometimes really sad about it. I think for us we’re sad but we’re kind of at the acceptance stage. But…it is a sad thing. We definitely don’t want to close, but it’s just sort of not realistic.

SFBG: What’s next for the Red Vic staff and space?

CL: I’ve been in grad school part-time for something completely unrelated to film, Chinese medicine. And [collective member] Sam Sharkey is still gonna be hosting The Room at the Clay [every second Saturday of the month at midnight, starting August 13]. I’m glad all the people who come out to enjoy The Room can continue, and Sam is a great host.

It’s pretty sure that our neighbors the Alembic are going to expand into what is now our lobby, and the auditorium is — there’s a few different ideas up in the air. I think Betsy is someone who is just very community-minded, and she wants to put something else in there that’s gonna have that spirit of the Red Vic. Something that’ll be good for the Haight, as well as San Francisco. So there’s a small chance that there’ll be a small screening room in the back, much smaller than the 140 seats we have now. It’ll be more of a community space. Sort of a multi-use space. And with the rest of the auditorium, she has a couple of different ideas, I’m not sure yet.

SFBG: The theater is saying farewell with Red Vic favorite Harold and Maude.

CL: Yeah, it’s a four-day run, and we’ll end on the 25th, and we’ll try to make the whole run special, and then see what happens on the 25th. I think it will be bittersweet. We’re trying to keep it a little bit positive, you know — kind of, “We’re so grateful we’ve been here for 31 years.” It’s pretty amazing that a collectively-run, single-screen theater survived for that long. We kept plugging away, but it’s kind of time.

SFBG: Well, you guys will definitely be missed…everyone I’ve talked to about it has been like, “Red Vic closing? Noooo!

CL: I know! But, I don’t want to have any tone of, like, pointing fingers at people. I think people are very nostalgic for movie theaters and bookstores, and these places where we love to hang out, but they don’t really turn out in the numbers they used to. It’s just a different world.

One Hundred Days of Spring: As Mid-Market talks, two organizers do

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All photos by Stephen Heraldo

Just beyond the scope of the perpetual debate of revitalizing Mid-Market — defined as the stretch from Fifth Street to Van Ness Avenue — an extraordinary project is quietly closing its doors on an oblique, no-man’s-land corner of Market near Franklin. There, for one hundred days and nights, an empty glass storefront opened up to spill a swath of light and music onto the cigarette-studded sidewalk — without funding, a business model, or (as founders Will Greene and Sam Haynor are the first to say) much of anything else.

“Ask us our mission statement,” One Hundred Days of Spring organizer Haynor challenges.

“We don’t have one,” Greene, his creative partner, cuts in.

“Well, yes we do,” says Haynor.

“Yeah, that not doing it seemed like a cop-out,” the pair concludes.

“It” was creating more than three months of free and donation-based events, classes, and recorded stories representing a variegated slice of the local population: hipster kids in art collectives, professionals on their Market Street commutes, and low income neighborhood residents, including many who bed down each night on the block.

As part of Central Market Partnership’s ongoing efforts to inject arts and culture into revitalization plans for mid-Market, the San Francisco Office of Economic and Workforce Development is joining with the Arts Commission to hold a series of focus groups exploring ways to engage artists, small businesses and cultural organizations in the making of a thriving creative district.

Five focus groups have already met, according to OEWD’s Jordan Klein, and over the coming weeks, more gatherings — of community residents, transportation advocates, historical preservation advocates, and nonprofit leaders — will provide insight for the Central Market Economic Strategy, to be released in the late summer or early fall.

One Hundred Days of Spring wasn’t on the agenda of any of these meetings. A former boutique clothing store sandwiched between SROs and auto body shops on a strip shadowed by the sheer, block-long face of a Honda dealership, the space’s previous tenants didn’t last long. But transformed into a gypsy-tent-circus-wagon-theater-gallery-cum-classroom, the storefront, reborn as the Schoolhouse, rooted itself in the neighborhood in just a few months.

The hundred days are now over. But if the packed closing ceremony was any indication, Haynor and Greene’s model is one that the community is keen to reproduce. Mark Singer, a research librarian and freelance writer who found the project in what the two founders call the “analog way” — by stumbling across the threshold — told supporters, “I challenge everyone in this room to replicate what we’ve seen here, seen in the last hundred days.”

“The ultimate goal,” Haynor said, “is not only to share and to educate, but at the end of one hundred days, to have created one hundred new ideas for people to carry out into the world.”

 

Nothing to it

One Hundred Days of Spring was an experiment in community-supported programming. Rather than relying on or waiting for grant money, Haynor and Greene hoped to show that a community space can be self-sustaining — for the benefit of those who can contribute more and those who must contribute less.

“San Francisco is grant rich,” Haynor explains, “but it’s also full of people waiting for grants. They have a bunch of awesome ideas, but by the time the grant cycle comes around, the initial spark is gone. For us, going after a grant would just eat up time, and we wouldn’t end up doing what we wanted.”

Instead, the two 25-year-olds pooled their savings and paid $2,000 a month for rent from March to June, $200 for utilities, plus a few hundred extra for renovations and insurance. Within three weeks of the initial idea, they had moved into the space and populated a calendar of events through friends, friends of friends, and tools like SF Chalkboard. They were running full tilt by day six. 

In just over three months, the team offered more than 250 classes, shows, and tutorials — sometimes five in a day — covering everything from truffle-making and fermentation to bike repairs, aerial silks, and open mics. By collecting donations on a pay-what-you-can basis, Haynor and Greene were able to recover a large portion of their initial output, and also garner an extra $4,000 to reinvest into the project.

Greene on the value of 100 days of events: “If you try to put a value on what we have now, that we didn’t have then, you couldn’t buy it for $4,000.”

Though the Schoolhouse founders ended up $4,000 short, Greene says they “could have broken even” if they had focused more on the project’s revenue-generating components, like filming videos for musicians who performed in the space.

Even so, for Greene the worth of One Hundred Days of Spring was indisputable. “If you try to put a value on what we have now, that we didn’t have then, you couldn’t buy it for $4,000,” he says.

When Judy Nemzoff, community arts and education program director for the Arts Commission, stopped by the Schoolhouse and asked how Haynor and Greene did what they did, the two replied, “Well, we just signed a lease.”

 

It takes two

Inside the Schoolhouse, the laid-back attitude seemed to likewise shrug “nothing to it but to do it.” But the warm, easy atmosphere belied the late nights and hard work it took to get ‘er done.

Understanding how One Hundred Days of Spring came to be — and why it worked so well — means understanding a bit about its creators

Greene and Haynor, hanging at the Schoolhouse

Haynor and Greene have the kind of friendship people make movies about. Besides the sort-of charming things like finishing each other’s sentences and bragging about accomplishments each knows the other would never mention for himself, there’s the sense that somehow, these two unassuming fellows are going to change the world.

“We’re a good balance,” Greene says. With the air of someone showing how two-plus-two equals four, he explains, “Sam’s a bit spastic, and I can plunge a toilet.”

“We have different skill sets, but we share goals,” he continues. “We keep each other in check. We’re both very often wrong, but we’re rarely both wrong at the same time.”

Coco Spencer, who joined One Hundred Days of Spring as an intern partway through and become an indispensible team member, says she was willing to dedicate so many hours to the Schoolhouse because, “Basically, Sam and Will are the most inspiring people I’ve ever met.”

Haynor and Greene were campers and later counselors together at the Bar 717 Ranch in Trinity County. There, they found each other, and also a passion for teaching — or, as they put it, “helping people to be good versions of themselves.”

Though each has traveled and embarked on sundry individual projects — Greene as a musician and videographer, Haynor as a chess champion and conflict-area journalist — they continue to connect over their drive to educate in unique new ways.

 

Bathroom, beats, and big ideas

At the Schoolhouse, that meant engaging community members through a service-based approach. “Our main goal is to provide resources to people who need resources,” Greene says. “We’re not interested in providing resources to people who have resources.”

Given the diversity of The Schoolhouse’s participants, “resources” could mean different things.

Haynor explains, “For some people, we’re a bathroom. For some we’re a place to stop in and say ‘hi.’ For some, we’re a place to do events.”

“We’re successful because we’re always doing something fun, and everyone feels invited,” Greene says. “It’s the loose nature of our project. There’s no doorman, no guy with a cash box.”

There were challenges (“Sam’s been trying to put together homeless poetry readings, but he’s scheduled them for the first of the month. That’s when everyone gets their checks, so everyone gets drunk,” Greene says at one point), but there were also many moments — like when a woman from the block walked up and started giving Haynor a massage, or when Greene calmly negotiated with a rowdy, intoxicated visitor, encouraging her to pipe down and eventually leave — that pointed to a deft interface with the surrounding community.

“They respect our storefront more than they do the others,” Greene says. Some locals worked shifts at the Schoolhouse in return for resources. Others stopped in for music, for food and nutrition classes, or to look at the art. Some simply came by to talk about living in the area.

During an “Un-Talent Show”, a performer named SofT humorously described a street-dweller’s perpetual problem: carrying belongings. He showed an in-stitches audience how to bundle objects in an old sweater — a wholly relatable rap on wrapping. Another visit came from Benny, one of SF’s famous itinerant tamale sellers, who lives in an SRO across the street and makes what partakers described as “possibly the world’s best tamales” across town in his girlfriend’s kitchen.

Haynor describes a woman who walked into a sewing workshop — run by SF Social Fabric, a volunteer-staffed bike maintenance and sewing skills collective — with “some trepidation.”

“She was in a room with a bunch of people who were nothing like her,” he says, “but we got to know each other over the fact that we all wear clothes. And they all fall apart.”

Neighborhood connections at the Schoolhouse

“There’s a duality to this corner,” Haynor says. “From doctors to the people who live on the block to all the people in the middle who travel Market Street. Before us, some wouldn’t even cross the street.”

“At our best,” he continues, “we’re a place people from another demographic can discover the old-fashioned way — with their eyes and their feet. They cross the threshold, ask what we’re doing, decide to stay, and learn something. Now, I can’t go five minutes without seeing someone I know, or someone who I recognize, or someone who just popped in.”

Singer, a perfect example of the phenomenon, started stopping by between two and five times a week after his initial discovery. He framed the project’s importance in simpler terms: “This is where we need these things to happen. Where it smells like urine on a hot day.”


Let’s put on a show!

Singer believes that projects like the Schoolhouse can “transform parts of San Francisco” by providing services that are more than “just artists and gallery-talk.” The Schoolhouse, he says, “was something visceral.”

“One Hundred Days of Spring created an infinite possibility for community that can’t be replicated on a screen or keyboard. We’re not talking Internet cafés with white earbuds, but humans breathing in the same space — collaborating, communicating in one room, and that room changing every darn day.”

Indeed, the walls of the Schoolhouse were repainted so many times over the course of the hundred days — with layers of murals, street art, installations, white space for projecting films — that Spencer, who took charge of many of the events’ logistics, joked she was hoping to reduce the interior square footage, and thus, the rent.

The zealous energy required to transform the space again and again was reminiscent — Singer pointed out — of Babes-in-Arms-era Mickey Rooney and Judy Garland exclaiming Hey, kids! Let’s put on a show in this old barn! That down-home, DIY energy may be just what efforts like the Mid-Market revitalization require.

Greene, who attended one of the Central Market Partnership’s focus groups, says the consensus was that knowledge about and access to space were the biggest obstacles to creating and executing programs of any kind.

“People are looking for answers,” he says, “looking for some larger entity to hand them space, or looking tax breaks. There’s the feeling that you can’t just do what you want to do.”

“Rather than saying ‘if you give us space, we’ll fill it with beautiful things,’ you can say ‘I’m just going to do it.’ If you’re willing to make it happen, if you work really hard, if you work with the people you’re trying to reach, then you don’t have to worry about anything else.”

Despite the waiting, wanting, hoping attitudes Greene says he encountered, he points out that plenty of others are “just doing it.” The Schoolhouse helped along a few such visionaries by sponsoring two “Grant Prix Dinners.” During the informal roundtables, entrepreneurs presented project ideas between courses. Participants paid a fee for dinner and a ballot on which to elect their favorite projects – to whom the entry frees were turned over as seed money at the end of the night. 

 

Bringing together the neighborhood

At times, especially in San Francisco and other urban areas where real estate is costly, amping up a neighborhood’s arts and cultural amenities has acted as a roundabout measure to invite the type of gentrification that sweeps streets clean. That kind of programming is not intended to serve current residents so much as to usher in new ones. 

By contrast, the Schoolhouse made a conscious decision to serve the neighborhood’s existing population — with safer-feeling streets resulting, and much more quickly, at that. 

One Hundred Days of Spring was a bold, direct move to engage the local community. As such, it was highly effective not only at providing needed resources, but at tempering the less-desirable qualities of the neighborhood by creating a sense of community and responsibility among residents and passers-through.

“Coming out of Muni, walking home on Market Street,” Singer had said, “can frankly be pretty scary. There’s substance abuse, drug deals, and people who may or may not be harmless.” The Schoolhouse, he said, helped diffuse that lack of ownership and feeling of “anything goes.” For Singer – and Schoolhouse denizens of all backgrounds — the space managed to help tie a few new knots. 

“The Schoolhouse brought me closer to a world that’s very marginal,” Singer said. “the homeless world.”

Whether or not Mid-Market planners will look to the Schoolhouse for a lesson in effective community building, the project’s two masterminds have undoubtedly developed a model they can draw on in the future.

Haynor and Greene plan to continue working together on community education projects. With One Hundred Days of Spring under their belts, they will be able to approach supporters “not just with an idea, but with a proven concept.”

“We are both in this together to see what we’re both capable of,” Haynor said. “To see if we’re any good at this thing.”

In the style of banter so typical of the pair, Greene added, “So we can figure out the rest of what we’re going to do with our whole darn lives.”

 

Three good initiatives for the fall

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The progressive wing of the Board of Supervisors (including, to her credit, Sup. Jane Kim) has placed three important reform measures on the November ballot. That the measures are headed for the voters is a clear indication of the shift of power at the board — progressives no longer have a reliable six votes. But the progressives still have the ability to push issues — and in an mayoral election year, these measures will provide a valuable gauge for the candidates and create broad-based organizing opportunities.

The measures include a ban on the demolition of more than 50 units of rent-controlled housing; a ban on further admissions charges at parks or leasing park facilities to private companies; and a requirement that participants in the Care Not Cash program get an actual housing unit — not just a shelter bed — before their welfare grants are cut.

The supervisors are under immense pressure to back off from those proposals, and if two of the five supporters pull their names before the final deadline of July 14, the measures won’t make the ballot. Some argue that the controversy over the measures could threaten the mayoral campaign of progressive standard-bearer John Avalos. But Avalos told us he supports all three measures and has no interest in turning back. He’s right — the supervisors should hold firm and insist on a public vote on all three.

The Care Not Cash reform has already generated a lot of controversy. Mayor Ed Lee has denounced it, saying it will destroy the entire program, and two mayoral candidates, former Sup. Bevan Dufty and Assessor-Recorder Phil Ting, have come out against it. But the measure is pretty simple and straightforward: it says that a bed in a shelter doesn’t count as “housing.”

That’s a critical definition, because under Care Not Cash, the city tries to put homeless welfare recipients into housing, mostly single-room-occupancy hotels — and in exchange, takes back most of the welfare grants. But by law, a bed in a shelter counts as a home — so the minute the city finds someone a cot to sleep on in a noisy, sometimes dangerous shelter with no privacy and arbitrary curfews and rules, that person loses most of his or her welfare grant. Along the way, the city locks up shelter beds for people in the CNC program — so when other homeless people show up for a place to sleep, they’re told there’s no room. That’s a sign of a broken system.

The housing demolition measure comes as a response to a badly flawed proposal to rebuild Parkmerced — tearing down hundreds of rent-controlled housing units in the process. The parks measure is an attempt to stop Phil Ginsburg, head of the Recreation and Parks Department, from turning public property over to private for-profit firms in an effort to raise cash.

The community groups and grassroots sponsors of these measures have a responsibility to organize and mount serious campaigns; there’s going to be big-money opposition. But it’s worth having all three on the ballot in November.

Smooth sailing for developers

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rebeccab@sfbg.com

It’s a mad dash at San Francisco City Hall to put all the pieces together in preparation for the America’s Cup, the prestigious regatta that will culminate in the summer of 2013 along the city’s northern waterfront. But once that spectacle is over, the biggest impact of the event will be a massive, lasting, and quite lucrative transformation of the city’s waterfront by a few powerful players, a deal that has been modified significantly since it was approved by the Board of Supervisors.

As negotiations on the fine terms of the development agreements continue to unfold, the future landscape of a huge section of the San Francisco waterfront is in play. If the America’s Cup Event Authority (ACEA) — the race management team controlled by billionaire Oracle CEO Larry Ellison — aims high in its investments into port-owned infrastructure, it has the potential to lock-in leases and long-term development rights for up to nine piers for 66 years, with properties ranging from as far south as Pier 80 at Islais Creek to as far north as Pier 29, home of the popular dinner theater Teatro ZinZanni.

The possibility of securing long-term leases and development rights to Piers 19, 23, and 29 — provided race organizers sink more money into infrastructure improvements — was added to the deal in the last two weeks of 2010, just before San Francisco won its bid to host the world-famous sailing match. The possibility of obtaining rights to portions of two additional piers, 27 and 80, were also added at the last minute. Race organizers and city officials negotiated the final modifications after the Board of Supervisors signed off on the Host City Agreement on Dec. 14, 2010.

Not all board members knew that three additional city-owned piers were being added as possible extensions of the land deal, and those properties weren’t mentioned in any of the earlier documents that went through a public review process in the months leading up to the approval of the agreement. Yet Board President David Chiu was evidently appraised of how the last-minute negotiations were unfolding and he quietly offered his support.

On Dec. 22, 2010, Chiu sent a letter to Russell Coutts, CEO of Oracle Racing, the team that won the 33rd America’s Cup and is an integral player in laying plans for the 34th. “I understand that Mayor Newsom and the city’s team have been working directly with you since the board’s approval of the Host City Agreement to make the necessary adjustments and clarifications to the agreement to ensure it meets your needs. I am aware of these changes and support them,” Chiu wrote in a letter that was not shared with his fellow supervisors.

Quoting from a section of the agreement that explains that ACEA is ensured long-term development opportunities in exchange for funding improvements and upgrades, Chiu’s letter went on, “This section specifically applies to … Piers 30-32 and Seawall Lot 330, as well as Piers 26 and 28, and if mutually agreeable could apply to Piers 19, 23, and 29. To obtain the community’s support and agreement for future development rights to piers on the northern waterfront, you will need to invest in a strong partnership with the community … I am prepared to help facilitate that relationship.”

Former Board President and Democratic County Central Committee Chair Aaron Peskin, who has closely followed the America’s Cup land deal and has for decades been actively involved in land-use issues along the northern waterfront, interpreted Chiu’s letter to Coutts as a backroom deal.

“There is no question that the president of the board, without the authorization of the majority of the Board of Supervisors, went behind closed doors, out of view of the public, and committed to [long-term development] for three piers,” Peskin said, highlighting the fact that no other supervisors were copied on Chiu’s letter. “That he has done this unilaterally, without the consent of a board’s vote at a board meeting, is not good governance. If there’s one body that’s supposed to do all of its work for the public, it’s the Board of Supervisors.”

Chiu defended the letter by emphasizing the part that asked for a partnership with the community. “This was all within the broader framework of the Host City Agreement that we signed in the middle of December,” he told the Guardian when presented with the letter during an interview and asked to comment. “They had questions about, well, can we develop on these other piers? And what I said was, ‘Well, as I think the language here specifically says if mutually agreed upon … you could possibly do this.’ And we specifically said you’ll need to invest in a strong partnership with the community.”

He added that specific development plans would still have to be approved by the Board of Supervisors. Proposals for each parcel will be made in separate Disposition and Development Agreements, subject to board approval.

On hearing Chiu’s response, Peskin was still critical of the lack of transparency in this deal: “My position is, if it walks like a duck and quacks like a duck, it’s a duck.”

Meanwhile, an analysis prepared by Budget Analyst Harvey Rose in mid-March suggests that the final amendments did reflect new commitments for the city that go well beyond what was discussed publicly. “No city approval of the Event Authority’s selection of Pier 29 for a long-term lease is required in the agreement, as modified by the Mayor’s Office and other city officials,” the Budget Analyst’s report notes. “This entire provision … was not included in the agreement of Dec. 14, 2010 as previously approved by the Board of Supervisors.”

Brad Benson, special projects manager at the Port of San Francisco, explained the Pier 29 provision slightly differently. “The city would have to be acting in its reasonable discretion to say no,” he said, emphasizing that ACEA would have to invest well above the $55 million threshold to obtain rights to Pier 29.

At a time when a new era of civility is being hailed at City Hall, two elements of the city family are essentially agreeing to disagree on the broader question of whether the 11th-hour modifications to the deal resulted in a greater hit to city coffers than supervisors approved. While Rose stated in public hearings that the modifications would deal a greater blow to city revenues, City Attorney Dennis Herrera, a mayoral candidate, has stood with the Office of Economic and Workforce Development in his assessment that the changes did not significantly exceed the scope of what was approved by the board. Fred Brousseau of the Budget & Legislative Analyst chalked it up to “a difference in opinion,” reflecting “the auditor’s standard for materiality versus the city attorney’s.”

Legalese aside, it’s clear that the race organizers stand to gain some highly desirable waterfront property in exchange for investing in the piers and bringing an event to the city that is expected to generate substantial economic activity. If ACEA invests a minimum threshold of $55 million for infrastructure improvements, it can likely secure long-term development rights for Piers 30-32, a 13-acre waterfront parking lot where Red’s Java House is located, plus win the title to Seawall Lot 330, a two-acre triangular parcel along the Embarcadero that has been discussed as the site of a future luxury condo tower that has already cleared city approval for that use.

A high-rise next door to Seawall Lot 330, called the Watermark, currently has condos going for $1.2 million apiece on average, according to a calculation of online listings. Under the America’s Cup deal approved by the board, the port would have received 1 percent of each condo sale plus 15 percent of transfers or subleases made by ACEA. “Such required payments … have been entirely removed from the agreement as modified by the Mayor’s Office and other city officials,” the budget analyst’s report points out.

Waterfront real estate in San Francisco, always expensive, has recently soared to even higher values. According to a June 22 article in the San Francisco Business Times, Farallon Capital Management recently put up for sale a 3.36-acre parcel in Mission Bay zoned for life science and tech office space — and it’s expected to fetch around $90 million. This past April, BRE Properties shelled out $41.4 million for two Mission Bay residential development sites entitled for 360 residential units, and last year, Salesforce.com acquired a 14-acre Mission Bay property for $278 million, or $140 per buildable square foot.

By comparison, the $55 million that ACEA must invest to be granted a two-acre waterfront parcel on the Embarcadero, plus long-term rights to lease and develop an additional 13 acres across the street, sounds like a good deal. “We’re using an appraisal approach. It’s not going to ridiculously undervalue the property,” Benson said. Under changes made to the deal after the board signed off, base rent for Piers 30-32 will be $4 per square foot of building area. Rent for all other possible piers will be $6 per square foot of building area.

The ability to transfer city-owned Seawall Lot 330 outright to the ACEA is predicated on the approval by the State Lands Commission to strip that property of constraints placing it, like all coastal properties, in the public trust. Lt. Gov. Gavin Newsom, who pushed the deal as mayor, is one of the three members of that commission.

Under a provision in the agreement, the ACEA’s $55 million investment will be applied toward rent credits on city-owned parcels — and depending on how much the company puts in, that credit balance can increase by 11 percent every year. Benson described this as a typical arrangement, saying, “It’s not out of the line with other rent-credit deals the port has done.”

Two former mayoral advisors from OEWD, Kyri McClellan and Alexandra Lonne, have since gone to work for the America’s Cup Organizing Committee (ACOC), a nonprofit entity working in tandem with the city and the ACEA to secure financial commitments for hosting the race. Newsom has also been named ambassador at large for the America’s Cup effort.

Meanwhile, an OEWD budget proposal includes $819,000 in staffing costs for four management-level positions relating to America’s Cup planning. A refund is expected in the form of $12 million that the ACOC has committed to fundraise by the end of 2011, with an ultimate target of $32 million by 2013. So far, ACOC has only raised $2 million, but plans to seek higher donations once it gains tax-exempt status. “I think the $2 million is a really good start,” said Mike Martin, who transferred in February from the San Francisco Public Utilities Commission to OEWD to direct the America’s Cup effort. “They’re building a foundation for an effective pitch.”

For now, city departments are scrambling toward completing the environmental review process for the infrastructure improvements, expected to be complete sometime in November. “It’s incredibly compressed,” Martin said. “There’s a lot to be done in a very short time.”

Peskin, for his part, seemed be keeping a watchful eye on the unfolding America’s Cup plans. “What we, the citizens of San Francisco, have to watch out for is that we’re not being taken advantage of,” he said. “We’ve got to be vigilant that we don’t get taken to the cleaners.”

Despite risks, Bay Area residents return to Gaza

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Kathy Sheetz says she isn’t afraid of what might happen when she sets sail again next week for Gaza. On her last trip she was welcomed by Israeli bullets, but she sees the message as more important than any possible consequences.

Her message, along with the hundreds of other activists who will be sailing to Gaza aboard 10 ships dubbed the Freedom Flotilla 2—Stay Human, is that Israel’s continued occupation of Gaza is unacceptable.

Sheetz, a 65-year-old Richmond resident, has sailed — or attempted to sail — to Gaza every year since 2008, when she and 43 other activists took two fishing boats to the shores of the Gaza. They had room only for themselves and safely arrived in Gaza. She realized the potential to come back with supplies and aid for the people. One necessity she had never thought of: hearing aids for children, some of whom are going deaf from the dropping of bombs.

Last year, the first Freedom Flotilla set sail for Gaza. Sheetz was one of many activists from around the world aboard six ships of the flotilla that were attacked by the Israeli Navy during an early morning raid in international waters.

Soldiers boarded the ships and attacked the unarmed passengers. They fired rubber bullets while a helicopter above the flotilla shot live rounds. In the end, nine activists died.

Still, she’s going back.

“I don’t think we have a choice,” Sheetz said. “(Palestinians in Gaza) seem to be paying a price and I think it’s wrong.”

Thirty-six activists, nine journalists, and four crew members will be aboard the American boat when it sets sail from an undisclosed port in Greece. Out at sea, it will meet up with nine other boats carrying activists from around the world. The port and launch date are being kept secret to avoid sabotage attempts by pro-Israeli enemies of the flotilla, said Jane Jewell, a media coordinator for the organization US Boat to Gaza.

The mission of the trip is not only to bring awareness to the situation in Gaza, but also to bring badly needed medical supplies and aid. Two of the ships in the flotilla are devoted to carrying cargo.

The American boat will only carry letters of support, though, in fear of retaliation by the U.S. government for being seen as aiding the terrorist organization Hamas.

All passengers aboard The Audacity of Hope, the name of the American boat, had to sign an awareness document that highlights the inherent dangers of the trip, including the possibility of death.

Henry Norr, 65, first visited Gaza in 2002 and has been to Palestine three times, witnessing injustices and working to spread the word. In 2005 he acted as a copy editor for the International Middle East Media Center, helping to report raids and arrests of activists.

“Everybody knows that there’s some danger,” Norr said. “We like to think that the Israelis will come to their senses.”

This will be the 10th trip made to Gaza since 2008. Of the previous nine, five arrived in Gaza successfully, three of the boats were detained in Israel and last years flotilla was outright attacked.

The Audacity of Hope, a name shared by the American boat and President Obama’s book, could signify the audaciousness of the journey or be a tongue-in-cheek joke, depending on who’s asked.

Both Jewell and Adam Shapiro, an organizer for the Free Gaza Movement, which helped organize the flotilla, felt Obama was just a puppet for Israel who does not have the courage to enact real change.

They said he backed down too easily to pressure from Israel’s Prime Minister Benjamin Netanyahu after Obama suggested earlier this year that Israel and Palestine revert to pre-1967 borders in an attempt to bring peace to the region.

The U.S. State Department also recently issued a statement condemning travel to Gaza.

“Previous attempts to enter Gaza by sea have been stopped by Israeli naval vessels and resulted in the injury, death, arrest, and deportation of U.S. Citizens,” said the statement. “The U.S. Embassy in Tel Aviv and the U.S. Consulate General in Jerusalem are not able to provide consular assistance in Gaza or on the high seas or coastal waters.”

Jewell, summing up the statement, said, “Americans citizens take second place to Israel.”

“They know that their American citizenship isn’t going to help them,” Jewell said of the activists.

Sheetz first found herself in Gaza in 1991 when trying to travel to Tel Aviv, Israel, for a conference. She hoped to rent a car in Rafah, Egypt, a border town with Gaza, but was instead forced onto a bus by an Israeli woman. She ended up in Tel Aviv, but not after wondering about what had happened.

“It was just a very odd experience,” Sheetz said. “I couldn’t describe it.”

Now she’s heading back, again, informed and with a mission.

“It’s not helping Israel,” Sheetz said of the occupation. “If they want security, this is not the way to go about it.”

 



Editorial: Three good initiatives for the fall ballot

16

The progressive wing of the Board of Supervisors (including, to her credit, Sup. Jane Kim) has placed three important reform measures on the November ballot. That the measures are headed for the voters is a clear indication of the shift of power at the board — progressives no longer have a reliable six votes. But the progressives still have the ability to push issues — and in an mayoral election year, these measures will provide a valuable gauge for the candidates and create broad-based organizing opportunities.

The measures include a ban on the demolition of more than 50 units of rent-controlled housing; a ban on further admissions charges at parks or leasing park facilities to private companies; and a requirement that participants in the Care Not Cash program get an actual housing unit — not just a shelter bed — before their welfare grants are cut.

The supervisors are under immense pressure to back off from those proposals, and if two of the five supporters pull their names before the final deadline of July 14, the measures won’t make the ballot. Some argue that the controversy over the measures could threaten the mayoral campaign of progressive standard-bearer John Avalos. But Avalos told us he supports all three measures and has no interest in turning back. He’s right — the supervisors should hold firm and insist on a public vote on all three.

The Care Not Cash reform has already generated a lot of controversy. Mayor Ed Lee has denounced it, saying it will destroy the entire program, and two mayoral candidates, former Sup. Bevan Dufty and Assessor-Recorder Phil Ting, have come out against it. But the measure is pretty simple and straightforward: it says that a bed in a shelter doesn’t count as “housing.”

That’s a critical definition, because under Care Not Cash, the city tries to put homeless welfare recipients into housing, mostly single-room-occupancy hotels — and in exchange, takes back most of the welfare grants. But by law, a bed in a shelter counts as a home — so the minute the city finds someone a cot to sleep on in a noisy, sometimes dangerous shelter with no privacy and arbitrary curfews and rules, that person loses most of his or her welfare grant. Along the way, the city locks up shelter beds for people in the CNC program — so when other homeless people show up for a place to sleep, they’re told there’s no room. That’s a sign of a broken system.

The housing demolition measure comes as a response to a badly flawed proposal to rebuild Parkmerced — tearing down hundreds of rent-controlled housing units in the process. The parks measure is an attempt to stop Phil Ginsburg, head of the Recreation and Parks Department, from turning public property over to private for-profit firms in an effort to raise cash.

The community groups and grassroots sponsors of these measures have a responsibility to organize and mount serious campaigns; there’s going to be big-money opposition. But it’s worth having all three on the ballot in November.

 

Fixing Care not Cash

18

I will admit to a bias up front: I was against Care Not Cash in 2002, when Gavin Newsom used it as a cynical play to get elected mayor by bashing the homeless. I always argued that the city would be taking away the already-tiny welfare payments from people in exchange for housing that isn’t there. Imagine living on $422 a month in San Francisco. Now imagine that’s been cut to $59 a month — because the city’s determined that you can sleep in a shelter bed. Great fucking deal.


And that’s what happens. Care not Cash allows the city to reduce a homeless person’s general assistance grant to $59 a month as soon as the city finds housing for the person. And a shelter counts as housing.


There are lots of problems with the scenario — like this and and this. In essence, the city sets aside a certain number of shelter beds for people in the CNC program, but they don’t all show up, so there are empty beds — and people who need a place to sleep can’t get them because they’re earmarked as “housing” for an anti-homeless program.


So five supervisors have come up with a ballot initiative that would make one small, but significant change in the Care Not Cash legislation. It would specify that shelters don’t count as housing. That’s it. That’s the entire amendment. (You can read the proposed law here (pdf)


It makes perfect logical sense. You want to tell a homeless person that instead of giving you welfare payments, we’re going to give you housing? Fine. Then make it housing. Wasn’t that the premise of CNC from the start?


But somehow, CNC stalwarts (including those who make money off the program) are outraged, claiming this will gut the entire effort. In the Chronicle story, Mayor Ed Lee notes that


“By removing the shelter system from the available benefits provided to Care Not Cash recipients, we dismantle this path to getting people housed, ultimately undermining the success of the nationally recognized, award-winning program.”


Of course, the proposal doesn’t remove the shelter system from the available benefits. Sup. Jane Kim, the sponsor, and her colleagues aren’t talking about shutting down shelters or kicking homeless people out. The measure just says you can’t take someone’s welfare grant away just because you found him or her a temporary cot in a noisy, often unsafe shelter that offers no privacy and operates under random rules that at lot of us would find intolerable. 


Again, my bias is against the entire premise of Care Not Cash. I think the city (and the state and the feds) ought to be providing homeless people with enough money to get a place to live and enough to eat. That’s the way it used to work — when I arrived in San Francisco, you could actually afford to rent a room in a shared house with General Assistance money, and you could live reasonably — not in luxury, but reasonably — on federal SSI payments. But the cost of housing has so outstripped the increase in welfare payments that people wind up on the streets. 


But if we’re going to do the Care Not Cash thing, shouldn’t the city be required to provide real housing before the grants get cut off?


Randy Shaw, who runs a bunch of Care Not Cash hotels under city contract, doesn’t think so. He argues that


[T]he measure repeals CNC’s central premise that homeless single adults on welfare should not get $422 per month if they refuse SRO housing. The initiative also dramatically reverses San Francisco homeless policy: it replaces a system designed to get homeless people housed with one subsidizing homeless people to live permanently in shelters. The measure increases homelessness and provides no alternative funding to make up for the millions of CNC dollars that would be eliminated from the city’s supportive housing budget.


 I understand the concern about the CNC money (some of which, again, goes to Shaw’s operation). If the city starts paying $422 a month to some people who are now only getting $59, that money will have to come from someplace. But this whole notion that the proposed change will allow the city to give cash grants to people who “refuse SRO housing” seems a bit off.


“We haven’t changed that part at all,” Jennifer Freidenbach, who runs the Coalition on Homelessness and was involved in drafting the measure, told me. “People who refuse SRO housing would still get their grants cut.”


I asked Shaw about this — and also about my understanding that there isn’t enough SRO housing for every homeless person who wants a place to live. Should people on the waiting list get their grants cut off because the city can stick them in a shelter in the meantime?


For whatever reason, my old pal Randy hasn’t responded. (I continue to be boggled by two things — Shaw never calls people before he trashes them, and he seems unwilling to have substantive debates with me when I want to talk to him. That last time I emailed him to ask why he didn’t call people for comment, he responded: “I see the issue very differently and disagree with your premise.” How is that helpful? This time he didn’t answer at all.)


The oddest thing is that Shaw — a longtime housing advocate who has spent 30 years working to help low-income people — has adopted a remarkably strident, even harsh tone that reminds me of the rhetoric that Newsom and his allies used to use. Consider:


Understand we are talking about people who have the option of accepting permanent housing but refuse. People who want to get a full city grant, live in a city-funded shelter, but want the right to pay nothing.


Jeez. Those lazy welfare bums who want “the right” to a place to live and a miniscule, tiny cash grant.


There was a time when liberals used to talk about a guaranteed national income. Now the debate in progressive San Francisco involves bashing poor people. Wow. 


 

Hot sexy events: June 22-28

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Apparently we got everyone a little too hot and bothered with our bike messenger sex post a few weeks back — the bicycle coitus backlash has already begun!

This news from LA, where the super fly Midnight Ridazz ride ran into some complications in the form of a drunk, cell phone-using driver smashing into a group stopped on the side of a road, injuring 11 cyclists. The police were quick to point fingers — at the cyclists. After all, “alcohol, condoms, and marijuana” were found near the scene of the crime, as ABC Channel 7 reported. Clearly, the Ridazz were gearing up (ha!) for a late night bike orgy. You know how that saddle friction gets everyone all randy.

LAPD did offer this PSA-type release, which I suppose is intended to act as a mea culpa for being all sassy about adult beverages, smoking weed, and safe sex? At any rate, “bike orgy” should surely be the SF Bike Party’s next theme ride. And now onto sex events for Pride Week! 

 

Oh!

Dirty young gentlemen, be aware: you’re not to miss this grimy-beated, well-meated party time at SF’s cruisey queer watering hole. Details? Write the story yourself — all we can tell you is that DJs Taco Tuesday and Guy Ruben will be getting the soundtrack hot like a skin flick. 

Wed/22 10 p.m.-2 a.m., $5

Powerhouse

1347 Folsom, SF

www.powerhouse-sf.com

 

“Heart/Hand/Art: Erotic Moments from San Francisco’s Lesbian Underground”

In a recent SF Station interview, Phyllis Christopher insists she “never, never wanted to shock people. I was having these amazing experiences and I wanted to talk about it.” Surely shocking is not the right word for Christopher’s florid shots of women in the throes of passion — titty grabbing, peeking out between fishnetted leg passion — we only flash on “sexy.” But Christopher’s intent was to document the lives of San Francisco lesbians. The erotica she captured is gorgeous — a flattering portrayal of women loving women in the City by the Bay. 

Thurs/23 6-8 p.m., free

Good Vibrations

1620 Polk, SF

(415) 345-0500

www.goodvibes.com

 

Lexington Club Pride weekend

Let’s be honest, it’s a rat race trying to name your Pride parties with the sluttiest monikers in the city — there’s just too much competition out there. But the Lex surely has a leg way up, if there is such a contest. Honestly, it wins based on sheer quantity: Thursday dances out with “DTF,” Friday flirts hard with “No Strings Attached,” on Saturday you can “Tap That,” and Sunday’s climax (after a super-slutty brunch party — oh, and the official Pride blowout, of course) is “Hit It and Quit It.” Straddle you a lady lez and get down — just don’t spill that Pabst on her cut-offs unless you’re trying to lick it off. 

Thurs/23-Sun/26, free

Lexington Club

3464 19th St., SF

(415) 863-2052

www.lexingtonclub.com

 

Mr. Kok Kontest

Kok Bar’s keeping it hard and slutty for you all weekend, but the new kid on the Folsom block has some extra special for you planned for Saturday night: a contest to see who has the biggest dick — though wait, isn’t that the point of Pride Week itself? Anyways, it’s been formalized here, so pack your binoculars, not much else, and head down.

Sat/25, free before 10 p.m., $4 afterwards

Kok Bar

1225 Folsom, SF

www.kokbarsf.com

 

Pansexual Pride Party

Cap off your Pride celebrations (or gear up for Sunday night) at the Citadel’s all-inclusive dungeon play party. Featured will be a demonstration by Mr. SF Citadel 2011 on how to successfully dominate a bottom twice your size. The website promises that it will produce experiences akin to “a chihuahua picking on a rottweiler.” 

Sun/26 5-8 p.m., $10 

SF Citadel 

1277 Mission, SF

www.sfcitadel.org

 

“Sex, Death, Laughter, and Disease: Writing and the Body”

Empower your body (and your prose) with this course, which will teach the skill of writing the corporeal form as protagonist. Sound a little English Lit-y for you? Instructor Lorelei Lee is an NYU creative writing professor, but check her clips before you dismiss this event from this column: lady’s been featured in $pread Magazine, the anthologies Hos, Hookers, Call Girls and Rent Boys: Professionals Writing on Life and Love and Off the Set: Porn Stars and Their Partners — plus, she’s currently penning a script with Stephen Elliott. 

Tues/28 (through Aug. 2) 7:30-9 p.m., $325

Center for Sex and Culture

1349 Mission, SF

(415) 902-2071

www.sexandculture.org

 

Cleaning up UC’s mess

5

news@sfbg.com

By 7 a.m., when engineering students begin to trickle into Cory Hall at UC Berkeley, Arnold Meza has already scrubbed the floors, wiped clean the chalkboards, and emptied the trash of 30 offices and many of the classrooms and hallways of the six-floor building.

His early shift as a custodian is a gift, he says, because it is steady compared to his former swing-shift schedule, but Meza is still barely making rent. And he is a single father of four. Like many service workers in the University of California system, Meza wonders how the university can refuse to give him a 3 percent wage increase while top UC executives receive six-figure bonuses every year.

“It falls on broken promises,” Meza said while tying up a bag of trash, one of hundreds he would take out that week. Meza was referring to an agreement in 2009 between the university and its service workers unions, including Meza’s union, AFSCME (American Federation of State, County and Municipal Employees). At that time, the administration established a minimum wage (currently $13 per hour) for the more than 7,000 service workers and agreed, if funding was available, to increase wages annually to bring their low-wage workers out of poverty.

But the university is going back on its promise, refusing to increase wages with the funding dedicated for that very purpose, the East Bay Alliance for a Sustainable Economy and the Partnership for Working Families (EBASE) notes in its recent report titled “Bad Budgeting, Broken Promises.”

As the UC Office of the President sees it, the 2009 discussion was not an agreement at all, but a “conditional memorandum of understanding” that would only be effective if state funding was available, said UCOP spokeswoman Dianne Klein.

“We’ve already taken $500 million in cuts. We’ll have to take another $500 million in cuts. Because there is no new money, the memorandum of understanding is moot,” Klein told us.

The state budget vetoed by Governor Jerry Brown last week would have set the UC system back $150 million in cuts on top of the $500 million in cuts approved by Brown in January. How much more will actually be cut from UC funding remains to be seen, but the forecast is not promising.

Despite the cuts, the proposed budget bill states that $3 million in distributed state funds should go toward the salaries and benefit of service workers in the UC system. In a March 24 letter to the governor, UC President Mark Yudof requested that the governor veto that restriction so the university could use the dedicated $3 million “to preserve our flexibility in dealing with the $500 million reduction.”

Compared to the total UC budget of $21.8 billion, that $3 million makes up only 0.014 percent — nickels and dimes to give employees a living wage.

Meanwhile, Meza and his fellow coworkers struggle to put food on the table, making ends meet by working two jobs. After his 4 a.m. to noon Monday through Friday shift, Meza works eight-hour shifts as a car mechanic on weekends. Similarly, many UC service workers collect cans to get a few dollars from the recycling center.

“When I started here 20 years ago, I was making close to $9 an hour. That wasn’t enough,” recalled Meza, who put his four children through public high school on that salary. Today, Meza brings home about $2,400 a month, barely enough to cover rent and a few bills at his El Cerrito home.

“I want my kids to go to college. But financially, I can’t afford it,” he said. “For me, it’s a sad reality.”

Meza’s union, AFSCME, is working with UC to lower the workers’ contribution to retirement pensions to 1.5 percent. The university proposes a 3.5 percent pension plan to go into effect this July and 5 percent in July 2012—the same amount requested from top UC executives. At their low wage, that would cost the service workers the equivalent of one biweekly paycheck a year.

Some UC executives, such as UC Berkeley Chancellor Robert Birgeneau, receive additional retirement perks. Roughly 200 highly paid UC executives receive a supplemental retirement benefit of 5 percent of their annual pay, said Nikki Fortunato Bas, the executive director of EBASE. That’s a total annual cost to UC of $4 million.

“If UC gets its way in 2011, instead of getting to climb that next rung on the ladder out of poverty, [the low wage workers] will take a step backward through a combination of increased contributions to retirement and healthcare and UC withholding a 3 percent raise,” Bas said. “All the while, UC is showering already highly-paid executives with six-figure bonuses.”

In an infamous budget battle that has required the UC system to restructure its quickly diminishing funding from the state, more than 100,000 employees’ paychecks have been reduced while top execs like UCLA Ronald Reagan Medical Center CEO David Feinberg receive thousands of dollars in bonuses. In September 2010, Feinberg’s base pay was increased by 22 percent and he received a $250,000 “retention bonus,” for a total compensation of $1.33 million.

These astounding numbers, as part of a $3.1 million package in bonuses for 37 UC executives last September, were quoted in the EBASE report, using data from the UC Regents website (www.universityofcalifornia.edu/regents).

UCOP says the retention bonuses are necessary “because we pay below market as it is [for top executives’ salaries],” said Klein, and the UC needs to offer huge bonuses to keep the executives from moving to higher paying universities. “You have two options: sayonara or we’ll match it,” Klein said. “You can’t recruit in the classifieds for these people … and you’ll have to replace them for the same money, anyway.”

The bonuses are not state-funded, said Klein, but are taken from research grants, patient care, and even federal funding. But Bas said the problem is with UC’s priorities: “Time and again, they have shown that they can find money to give bonuses or backfill sports programs,” she said. “UC may look at this as a matter of technicalities, but we cannot ignore the stories of employees and their families who are struggling to get by.”

As it stands, UC is short-staffed when it comes to service workers. “We’ve been short-staffed for the last 10 years,” said Meza, who estimates that UC Berkeley employs about 140 custodians, less than one-third of the 460 or so custodians the university employed in the 1980s. The result is that the students suffer, said Meza. “The students are getting the short end of the stick because we can only clean once a week in some classrooms because we’re short staff. We see the students pay a lot with tuition, and they’re getting less.”

Already, student fees have increased by more than 32 percent, and another 8 percent fee increase is pending, reported EBASE. As the state continues to make cuts, students and low wage service workers suffer the consequences.

According to the California Budget Project, a single-parent family needs to make $68,375 a year just to make ends meet in Alameda County. “UC workers have reduced-cost healthcare, so this number could be adjusted downward to $58,544,” said Bas. “For a custodian at UC Berkeley or UC San Francisco making $30,000 or even $40,000 a year, this means working two jobs and collecting cans just to scrape by.”

When his oldest was nine years old, Meza remembers, he used to drive his family to the recycling center to get cash for cans he had taken out of the garbage. “The kids were happy in the car because I was going to get money for food when I recycled cans,” which meant there would be dinner on the table that night, Meza said, apologizing for getting teary-eyed at the memory.

“I just don’t want people who work here to go through what I went through to raise a family,” he said.

No matter how many cars Meza fixes on the weekend, he never seems to have a break from the stress of trying to cover fuel, rent, heating bills, doctors’ bills, and other necessities. He’s only 43, but he feels much older after 20 years of working two jobs, seven days a week, providing for four children on his own.

UC workers, unions like AFSCME and other stakeholders have proposed $600 million in budget alternatives such as reducing the excessive 7-to-1 employee-to-management ratio (at UC Berkeley, the average is four employees to one manager). Yet UC does not appear to be seriously considering these alternatives; its current goal is to take back the $3 million dedicated to its low-wage service workers.

“We think this is a matter of finding the will within the UC administration to do what’s right by honoring their word to protect working families’ a path out of poverty,” Bas said.

Two months ago, Meza and his fellow union members marched into UC Berkeley’s Chancellor Robert Birgeneau’s office and asked him to spend one day in the life of a service worker on campus. He still hasn’t answered their request.

“People are really struggling here. We are committed to working and we give 110 percent — that should be accounted for,” said Meza. “Give us our 3 percent. We earned it.”

The ballad of Peter and Raymond

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arts@sfbg.com

Once upon a time (1987 to be exact), two young men who were old friends moved to San Francisco from the Midwest to take in all the big city had to offer. Like many 20-somethings, Eddie Lee “Sausage” and Mitchell “Mitch D” Deprey didn’t have a lot of money and wound up living in a somewhat derelict apartment in the Lower Haight with a bright pink exterior they dubbed “the Pepto Bismol Palace.” The paint was peeling and the walls were thin but the rent was cheap.

What Eddie and Mitch didn’t count on was having Peter J. Haskett and Raymond Huffman as their neighbors. “You blind cocksucker. You wanna fuck with me? You try to touch me, and I will kill you in a fucking minute.” “Shut up! Shut up! Shut up! Shut up, little man!”

The insults, tantrum-throwing, and threats of violence (which sometimes crossed over into actual fisticuffs) coming from next door were constant. When they weren’t drinking like fishes, Peter — acid-tongued, gay — and Ray — the more hotheaded of the two and an unrepentant homophobe — seemingly devoted their every waking hour to mercilessly tearing each other apart.

Weeks went by. Eddie and Mitch started to lose sleep. And after one failed attempt at complaining to Raymond’s face (he threatened death), they started tape-recording Peter and Ray’s endless geyser of vitriol — first, as possible future evidence — but also out of a growing voyeuristic fascination with these two seniors who had to be the world’s oddest and angriest odd couple.

The rest is history. Mitch and Eddie started including snippets of Peter and Ray’s bickering on mixtapes for friends. Somehow, the editor of the now-defunct SF noise music zine Bananafish heard a snippet and approached Mitch and Eddie about distributing compilations of the recordings to a large network of found sound fans. Gradually “Peter and Raymond” became known and much-beloved characters. Their warped repartee — frequently referred to using Raymond’s favorite rejoinder, “Shut up, little man!,” as shorthand — inspired several theatrical adaptations, short animated films, pages of comic book panels by artists such as Daniel Clowes, and even a one-off single from Devo side project the Wipeouters. SF Weekly did a cover story and there were reams of additional press. Hollywood types called wanting to know who owned the rights to Peter and Raymond. Things had gotten big.

“Shut Up Little Man has been an enchanted, messy cultural accident,” reflects Sausage (he’s kept the moniker) over a Skype conference call. “It was a personal obsession and a private joke that in a very curious way became an underground cultural phenomena.” Sausage, a visual artist and musician who supports himself as a rare-book seller, remains, in his words, “the official custodian” of Shut Up Little Man’s (SULM) legacy, which is copiously detailed on its website.

Deprey — who now works as an insurance agent in Wisconsin where he lives with his wife and teenage children — is also on the line. Although Sausage is doing most of the talking, he interjects from time to time to provide clarification. We are discussing Matthew Bate’s documentary Shut Up Little Man! An Audio Misadventure — perhaps the squarest peg in Frameline 35’s lineup. As much an attempt to comprehensively recount the above long, strange trip from start to finish, the film is also the newest chapter in the now 20-year saga of Peter, Raymond, Mitch, and Eddie.

Bate is a clever filmmaker who is able to translate a story that has primarily been told through sound into something visually compelling. Goofy animated interludes are woven between interviews with Clowes, Devo’s Mark Mothersbaugh, and the many other SULM fans who have created art inspired by Peter and Raymond. Sausage and Deprey also get plenty of screen time, and Bate goes so far as to have them play their 20-something selves in dramatized reenactments of their early days of interacting with and recording Peter and Raymond, who are played by actors. (Huffman died in 1992 of a heart attack brought on by colon cancer, pancreatitis, and alcoholism; Haskett died four years later of liver problems also due to alcoholism.)

Bate’s film is less successful in presenting a clear account of Sausage and Deprey’s 1994 controversial decision to copyright their recordings — which up to that point had been accompanied only by a note encouraging creative liberties and humbly asking for credit — going so far as to imply that this was an ideological about-face. As Sausage and Deprey tell it, they were simply doing the responsible, professional thing in the face of mounting disputes over who could or couldn’t sell the rights (the current disclaimer on the SULM website notes that “permission and licensing is usually granted, but please ask first”).

“Because this stuff was so viral and so innocuous, it wasn’t clear who owned any of this, ” explains Deprey, “We just didn’t want people wrongfully charging other people to use it. And the truth is, we’ve never gotten a penny from any of the artists [featured in the film].”

Still, Deprey and Sausage have now become the semiofficial executors of Peter and Raymond’s estate, even if it’s a legacy composed of hours and hours of blue streaks captured on tape. No surviving relatives of either Huffman or Haskett have come forward in the time that their infamy has grown, underscoring the fact that these two men — despite the venom they constantly spewed at back and forth — really only had each other.

“In a very real way, I think it’s a nontraditional love story,” says Sausage. “There’s a lot of passion and a lot of intimacy there. I mean, arguing is one of the most intimate things we can do as human beings.”

Indeed, Peter and Raymond’s highly dysfunctional Boston marriage might be the queerest onscreen relationship in the whole festival.

SHUT UP LITTLE MAN! AN AUDIO MISADVENTURE

June 22, 9:30 p.m., $11

Victoria Theatre

2961 16th St., SF

www.frameline.org

P.S. Shut Up Little Man! An Audio Misadventure was recently picked up by a distributor and will be released theatrically Aug. 26.

 

Lee should veto Parkmerced

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EDITORIAL Mayor Ed Lee got his start as a lawyer working on tenant issues. He understands the city’s rent laws and the shortage of affordable housing. He also knows — or ought to know — that when the city’s tenant groups are unanimously opposed to a project, elected officials who care about tenant rights should pay attention.

The Parkmerced project will be a clear test: Does he follow his activist roots, stick with the people he started with and show his independence — or side with the big out-of-town developer and allow the project to move forward?

The supervisors approved the project by the narrowest of margins, 6-5. All of the progressives voted to reject the development agreement and rezoning — and for good reason. The deal would lead to the demolition of 1,500 units of rent-controlled housing. And while the developer says it will abide by the rent laws for the newly built replacement units, that’s a shaky legal guarantee. The larger point, tenant advocates say, is that demolishing existing affordable housing is always a bad idea.

In the end, 1,500 people will have to leave the homes they’ve lived in for years — in some cases, many years. They will be offered replacement units in a high-rise — very different from the garden apartments (with, yes, gardens) that they’ve occupied. And if the developer decides that there’s more money to be made by jacking up the rents on those units, it’s a safe bet that an army of lawyers will arrive attempting to undermine the questionable guarantees now in the deal.

There’s also the problem of transportation and traffic. The project will include a new parking space for every new unit, meaning 6,000 new cars in an area already overwhelmingly congested. Since the vast majority of the units will be market-rate (the developer will provide 15 percent affordable units, under city law, which means 85 will be sold or rented to rich people) the development will transform what is now still something of a working-class neighborhood into another enclave for the wealthy.

When we talked to Mayor Lee, he was noncommittal on the deal. At the same time, he noted that the garden apartments are old and will have to be replaced at some point. We don’t dispute that there are ways to add more density at Parkmerced. But wholesale demolition of affordable housing isn’t the answer.

This deal is bad for tenants and bad for the city. Mayor Lee ought to recognize that then tenant groups opposing this have analyzed it carefully and come to an entirely reasonable conclusion.

Sup. David Chiu, the swing vote in favor of the project, did serious damage to his reputation as a progressive and lost thousands of tenant votes by siding with the developer. Lee, who insists he isn’t running in November, ought to demonstrate that he hasn’t forgotten his roots, that he listens to activists, and doesn’t simply go along with poorly conceived development projects. He should veto the development agreement and zoning changes and send this thing back to the drawing board.

Editorial: Mayor Ed Lee should veto the Parkmerced development agreement

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 Mayor Ed Lee got his start as a lawyer working on tenant issues. He understands the city’s rent laws and the shortage of affordable housing. He also knows — or ought to know — that when the city’s tenant groups are unanimously opposed to a project, elected officials who care about tenant rights should pay attention.

The Parkmerced project will be a clear test: Does he follow his activist roots, stick with the people he started with and show his independence — or side with the big out-of-town developer and allow the project to move forward?

The supervisors approved the project by the narrowest of margins, 6-5. All of the progressives voted to reject the development agreement and rezoning — and for good reason. The deal would lead to the demolition of 1,500 units of rent-controlled housing. And while the developer says it will abide by the rent laws for the newly built replacement units, that’s a shaky legal guarantee. The larger point, tenant advocates say, is that demolishing existing affordable housing is always a bad idea.

In the end, 1,500 people will have to leave the homes they’ve lived in for years — in some cases, many years. They will be offered replacement units in a high-rise — very different from the garden apartments (with, yes, gardens) that they’ve occupied. And if the developer decides that there’s more money to be made by jacking up the rents on those units, it’s a safe bet that an army of lawyers will arrive attempting to undermine the questionable guarantees now in the deal.

There’s also the problem of transportation and traffic. The project will include a new parking space for every new unit, meaning 6,000 new cars in an area already overwhelmingly congested. Since the vast majority of the units will be market-rate (the developer will provide 15 percent affordable units, under city law, which means 85 will be sold or rented to rich people) the development will transform what is now still something of a working-class neighborhood into another enclave for the wealthy.

When we talked to Mayor Lee, he was noncommittal on the deal. At the same time, he noted that the garden apartments are old and will have to be replaced at some point. We don’t dispute that there are ways to add more density at Parkmerced. But wholesale demolition of affordable housing isn’t the answer.

This deal is bad for tenants and bad for the city. Mayor Lee ought to recognize that the tenant groups opposing this have analyzed it carefully and come to an entirely reasonable conclusion.

Sup. David Chiu, the swing vote in favor of the project, did serious damage to his reputation as a progressive and lost thousands of tenant votes by siding with the developer. Lee, who insists he isn’t running in November, ought to demonstrate that he hasn’t forgotten his roots, that he listens to activists, and doesn’t simply go along with poorly conceived development projects. He should veto the development agreement and zoning changes and send this thing back to the drawing board.

 

 

Sacramento deadline: Some key bills

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A bunch of key bills come up in the state Legislature this week — and some of them are going to be very close. Assemblymember Tom Ammiano is pushing hard to get AB 1017, which would eliminate mandatory felony charges for pot cultivation, throught the Assembly floor (in fact, when I called his press secretary, Quintin Mecke, today (June 1) at about 11 a.m., Ammiano was on the floor making his 1017 pitch.) Ammiano also has a key tenant bill, AB 265, which would allow tenants who are a few days late with the rent to avoid eviction.


Dean Preston, executive director of Tenants Together, has a great rundown on the major tenant bills here. Sen. Mark Leno’s bill, SB 184, which is critical to protecting the rights of cities to demand affordable housing as part of a development deal, is going to be very close. So is Assemblymember Mike Feuer’s AB 934 — a nobrainer that simply clarifies tenant protections that have been threatened by recent court cases. (Preston told me that San Francisco Assemblymember Fiona Ma is not among the bill’s supporters at this point; you can call her office at  557-2312 and let her know you want her to vote for it.)


Sen. Leland Yee has gotten two bills through, one that would allow pharmacies to sell sterile syringes without a prescription and one that mandates more sunshine in the courts. His bill forcing the University of California to open up its foundation records will almost certainly clear the Senate now that UC had dropped its opposition. Tougher going, I expect, for SB 9, which would end life without parole sentences for juveniles.


Leno’s bill legalizing infusion drinks at bars cleared the Senate. He’s also pushing a Community Choice Aggregation bill, SB 790, and  the long-awaited, much-fought-over cell phone, SB 932, which would require modest disclosure of cell-phone radiation.


The difference between this session and the last one is that a lot of these bills might actually get the governor’s signature.

Don’t undo ballot measures

0

EDITORIAL The California initiative process is broken. The state’s too big, and it costs too much to gather signatures and mount a media campaign for or against a ballot measure.

But in San Francisco, the initiative process has traditionally been, and for the most part continues to be, a check on corrupt or ineffective political leaders and a chance for progressive reforms that can’t make it through City Hall. That’s why Sup. Scott Wiener’s proposal to allow the supervisors to amend (or, in theory, abolish) laws passed by the voters is a bad idea.

Since 1968, the San Francisco voters have approved 96 ordinances; that’s an average of about two a year. Obviously the pace has picked up since the 1970s. In 2008, there were eight measures approved; in 2010 there were four. The length and complexity of the ballot makes it appear that the supervisors aren’t doing their work, Wiener says. He notes that when he was campaigning, one of the most common complaints was that the voters were being asked to decide too many things that should have been handled at City Hall.

Some of that is the result of an unwieldy City Charter. Benefits for police and firefighters, for example, are specified in the charter, and any change needs voter approval. Wiener’s measure, aimed only at initiatives and not charter amendments, wouldn’t change that situation.

But some of it relates to the political alignments in San Francisco. For much of the past decade, the supervisors and the mayor were at odds over major issues. The mayor couldn’t get his (bad) proposals, like a ban on sitting on the sidewalks, through the board, and the progressives couldn’t get their proposals past a mayoral veto. So both sides went directly to the voters.

That’s a lot better than the paralysis we’re seeing in Sacramento. At least the issues are getting decided.

And over the years, some of the most important legislation in San Francisco — growth controls, tenant protections, protections for children’s programs, the city’s landmark open-government law — has come through ballot initiatives. The only way public power advocates have been able to get the issue on the agenda has been through ballot initiatives.

Those were issues that generations of supervisors and mayors wouldn’t take on — the developers and landlords and secrecy lobbyists and Pacific Gas and Electric Co. had too much power at City Hall. And those protections for the public, the environment, and the most vulnerable residents only survive today because they’re set in law and can’t easily be changed.

If Wiener’s measure has been in effect a decade ago, for example, Proposition M — the 1986 law that set neighborhood planning priorities and limits on office development, would have been summarily scrapped by Mayor Willie Brown and a pro-developer board. Key rent-control laws would have been repealed or amended to death. The ban on buildings that cast shadows on parks would be gone. Killing the Sunshine Ordinance would have been Brown’s first act.

Today’s district-elected board is far more accountable to the voters — but there’s hardly a reliable progressive majority. And the point of ballot initiatives is that you can’t predict who will control City Hall next year, or in 10 years.

We don’t think the initiative process in San Francisco is out of control. Sure, big money wins the day too often — but on balance, it’s a check that the Board of Supervisors should leave alone.

Vote your vote away

The article has been changed from the print version to correct an error.

In a surprising move that is causing a strong backlash from progressives and other groups that have won important reforms at the ballot box, Sup. Scott Wiener is pushing a charter amendment that would allow the Board of Supervisors to change or repeal voter-approved ballot measures years after they become law.

If voters approve Wiener’s charter amendment, among the most vulnerable reforms may be tenant protections such as limitations on rent increases, relocation assistance for no-fault tenant removal, and owner move-in eviction limits, to name a few.

The Rules Committee heard concerned testimony about the proposal May 19 and opted to hold off on voting to send it to the full board for approval until the next meeting on June 2 to allow for more public comment.

If approved, the amendment will be on the November ballot, although the public may be confused about why such an amendment would be on the ballot in the first place. The measure covers ordinances and resolutions that were placed on the ballot by supervisors, and Wiener has said he plans to amend the measure to exempt those placed on the ballot by voter petition. Changes to taxes or bonds are not a part of the amendment because those are required by state law to go to the ballot box.

Paradoxically, Wiener’s reasoning for the proposal is that he believes voters are bogged down with too many ballot measures with complex issues that need changes, measures he claims the board could deal with more efficiently. But critics say it makes progressive reforms vulnerable to attack by a board that is heavily influenced by big-money interests.

At the committee meeting, about a dozen people spoke in opposition to the amendment, saying it seemed broad in scope and would be a more appropriate change at the state level.

Matthias Mormino, a legislative aide to Sup. Jane Kim, who chairs the Rules Committee, said that his boss is still on the fence. “She has concerns and hasn’t made up her mind yet.”

Currently California is one of the last states where a voter-approved initiative cannot be subject to veto, amendment, or repeal, except by the voters.

“It’s not a radical thing,” Wiener told the Guardian about the proposed amendment. “My thinking is that we should do our jobs. We elect public officials to make decisions every week. I wanted to strike a balance where the voters still have a strong say.”

But how strong of a say will the voting public have in cases where voter-approved initiatives are changed by the decisions of a board of politicians with their own influences and bias?

Wiener stated that he had no specific initiatives in mind when he decided to propose the amendment nor was he targeting any kind of legislation, except ones that are “outdated.” Wiener cited an example of updating campaign consultant reporting from quarterly to monthly as a change that needed to happen but could seemingly be a nuisance at the ballot box.

He is proposing a tiered system in which, for the first three years, an initiative is untouchable. In four years, a two-thirds majority vote by the board could make changes to initiatives; after seven years, a simple majority could do so. That means a raft of tenant measures approved in the 1990s could come under immediate attack.

“Does he not like our sick-leave policy?” Sup. John Avalos told us. “It’s so vague and unclear on what he is trying to do. I’m afraid that he is trying to change laws that are popular with the voters. It’s not a democratic way to resolve policy issues.”

Calvin Welch, a longtime progressive and housing activist, has his own theory on Wiener’s proposal. “Voters don’t have a big problem discerning which ones they agree with and which ones they don’t,” he said about voter-approved initiatives.

He did the number-crunching and concluded that of the 983 policy ordinances on the books, 207 (21 percent) were policy initiatives. Of those, 102 (about 10 percent) were approved by the voters.

“Not quite overwhelming the ballot,” Welch said. “The argument that what is promoting this — the inundation of the initiatives — is not borne of the facts.”

Welch believes Wiener is targeting certain landlord and tenant issues that date back to 1978, when San Francisco voters first started adopting rent control measures. “That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said.

Wiener denies this is an attack on tenants, and claims he doesn’t have a specific agenda in mind. “This is long-term reform, not immediate gratification reform. To take the big, big step, we would have to change state law. This is just a modest first step.”

Welch also took issue with the idea of “election proportionality,” calling the measure an undemocratic power grab since many initiatives in San Francisco’s history were approved with more than 200,000 votes.

“Mayors don’t get 200,000 votes — these measures do,” Welch said. “That a body can overrule thousands of voters undermines the election process of San Francisco. Why not limit government actors instead of the people? It’s about what Sup. Wiener wants to change.”

Budget set-asides have long been a target for legislators, explained Chelsea Boilard, a budget analyst with Coleman Advocates for Children and Youth. Historically in San Francisco, moderate politicians have mostly honed in on social service programs, not those with a lot of clout and political backing, like police and fire budgets. Although the Children’s Fund, which was set up by a charter amendment, would be exempt, other social program priorities set by voters could be eroded.

“The reality is that the police and fire departments don’t have to go to City Hall every year to defend their budgets, but health and human services do,” Boilard said.

While many on the left would love for the California Legislature to have the authority to make changes in the property-tax-limiting Proposition 13 — like by removing commercial property from being taxed at artificially low levels — activists see real danger in Wiener’s measure.

“I think this is bad policy. I know folks are frustrated with Prop. 13, for example, and wish it was easier to amend or repeal. But the way he’s going about this is odd to me,” political activist Karen Babbitt told us. “For one thing, it appears to apply to retroactively to existing ordinances and policy declarations.”

Babbitt also cites legal research indicating that Wiener’s proposal might contradict state law and be subject to legal challenge if it passes. Plus, that challenge could come from any direction since it would allow liberal and conservative reforms to be challenged by the board.

One proposition that would fall under Wiener’s amendment is Proposition L, the sit-lie ordinance approved last year that prohibits sitting or lying on public sidewalks between 7 am and 11 p.m. After a divisive campaign against the measure, police began enforcing it in April. In three years and with enough votes by the board, the board could repeal a law that Wiener supports.

“It’s really interesting,” said Bob-Offer Westort, a civil rights organizer with the San Francisco Coalition of Homelessness. “I have a lot of questions. I guess it cuts both ways. We’d like to see the aggressive panhandling law changed. We’d like to see the sit-lie repealed. There are definitely things, with the right composition of the board, we would benefit from. And there are things that we would not want to see changed.”

Either way, the measure could result in some divisive fights at the board. “One person presenting this as a way to get it done is not the answer,” Avalos said. “I worry that he will use the amendment to dismantle certain voter-approved laws.”

Editorial: Don’t undo ballot measures

3

 

The California initiative process is broken. The state’s too big, and it costs too much to gather signatures and mount a media campaign for or against a ballot measure.

But in San Francisco, the initiative process has traditionally been, and for the most part continues to be, a check on corrupt or ineffective political leaders and a chance for progressive reforms that can’t make it through City Hall. That’s why Sup. Scott Wiener’s proposal to allow the supervisors to amend (or, in theory, abolish) laws passed by the voters is a bad idea.

Since 1968, the San Francisco voters have approved 96 ordinances; that’s an average of about two a year. Obviously the pace has picked up since the 1970s. In 2008, there were eight measures approved; in 2010 there were four. The length and complexity of the ballot makes it appear that the supervisors aren’t doing their work, Wiener says. He notes that when he was campaigning, one of the most common complaints was that the voters were being asked to decide too many things that should have been handled at City Hall.

Some of that is the result of an unwieldy City Charter. Benefits for police and firefighters, for example, are specified in the charter, and any change needs voter approval. Wiener’s measure, aimed only at initiatives and not charter amendments, wouldn’t change that situation.

But some of it relates to the political alignments in San Francisco. For much of the past decade, the supervisors and the mayor were at odds over major issues. The mayor couldn’t get his (bad) proposals, like a ban on sitting on the sidewalks, through the board, and the progressives couldn’t get their proposals past a mayoral veto. So both sides went directly to the voters.

That’s a lot better than the paralysis we’re seeing in Sacramento. At least the issues are getting decided.

And over the years, some of the most important legislation in San Francisco — growth controls, tenant protections, protections for children’s programs, the city’s landmark open-government law — has come through ballot initiatives. The only way public power advocates have been able to get the issue on the agenda has been through ballot initiatives.

Those were issues that generations of supervisors and mayors wouldn’t take on — the developers and landlords and secrecy lobbyists and Pacific Gas and Electric Co. had too much power at City Hall. And those protections for the public, the environment, and the most vulnerable residents only survive today because they’re set in law and can’t easily be changed.

If Wiener’s measure has been in effect a decade ago, for example, Proposition M — the 1986 law that set neighborhood planning priorities and limits on office development, would have been summarily scrapped by Mayor Willie Brown and a pro-developer board. Key rent-control laws would have been repealed or amended to death. The ban on buildings that cast shadows on parks would be gone. Killing the Sunshine Ordinance would have been Brown’s first act.

Today’s district-elected board is far more accountable to the voters — but there’s hardly a reliable progressive majority. And the point of ballot initiatives is that you can’t predict who will control City Hall next year, or in 10 years.

We don’t think the initiative process in San Francisco is out of control. Sure, big money wins the day too often — but on balance, it’s a check that the Board of Supervisors should leave alone.

 

David Chiu helps Leland Yee

118

It’s nice, sometimes, to be in Sacramento. You can run for local office without having to vote on local issues. Witness State Sen. Leland Yee, who didn’t have to take a formal position on the Park Merced project — and now can bask in the wonder of seeing David Chiu hand him thousands of tenant votes.


Here’s the deal: Chiu and Yee are both fighting for progressive voters in the mayor’s race. Most progressive groups will endorse John Avalos, but Yee and Chiu want those second-place votes, badly. Yee’s already got his West-side base, and getting a number two nod from, say, the Milk Club or SEIU 1021 won’t hurt him a bit with those voters. But he’s not strong with Chinatown leaders (Rose Pak despises him) and he’s in a race with three (so far) Asian candidates. He’s also contending with a bunch of other center-moderate types (Dennis Herrera, Bevan Dufty) in a very crowded race.


His strategy — and it’s smart — is to court the left, get those second- and third-place nods on the East side of town and emerge from the pack when all the votes are counted. Problem is, that’s Chiu’s natural constituency (or should be) — he talks about “our shared progressive values,” was elected as a progressive and, frankly, can’t win this race just by sticking to the center. It’s just too crowded there with too many people who have won citywide races.


And Chiu just gave up a huge chunk of the city’s left by alienating every tenant group in town.


As Dean Preston of Tenants Together put it in BeyondChron (which is generally quite friendly to Chiu):


 Chiu reached a backroom deal with the developer and provided the crucial sixth vote to approve the largest demolition of rent-controlled housing in San Francisco since the redevelopment of the Fillmore. Despite a good record on tenant rights issues before his work on Parkmerced, Chiu has now earned the distrust of tenants across the city.


The tenants aren’t always a solid bloc. Mitchell Omerberg of the Affordable Housing Alliance and Ted Gullicksen at the Tenants Union don’t always agree on candidates or issues. But there was no division or dissent on this one. Omerberg, who has been known to slide to the center, was adamant that Chiu’s vote — the swing vote to move the project forward — was “deeply disappointing.” He told us: “In general it’s an unwise, immoral plan to demolish a neighborhood. When you demolish people’s homes, you always regret it later.”


So now Yee can go to progressives and say — as he did at the Democratic County Central Committee — that he has all kinds of concerns about Park Merced and make it sound as if he opposes it, and use that leverage to peel some endorsements and votes away from Chiu. It’s ironic: When he was on the Board of Supervisors, Yee was hardly known as a pro-tenant vote. His record on tenant issues, while ancient history in political terms, was going to haunt him with some progressives (and still may). But now he’s gotten a boost — if only because he and Chiu are the ones most agressively working to get endorsements from progressive groups, and Chiu just shot himself in both feet.


 

Civil Grand Jury report rips Parkmerced plan

One week before the massive Parkmerced redevelopment project is slated to go before the Board of Supervisors for a second shot at approval, the San Francisco Civil Grand Jury has issued a scathing critique of the plan in a report titled “The Parkmerced Vision: Government-by-Developer.” The assessment charges that the project’s development agreement fails to guarantee adequate rent-control protections for current tenants whose homes will be razed and replaced with new units as part of the ambitious, 20-to-30 year overhaul.

The Civil Grand Jury report charges that the development agreement “is fundamentally unable to deliver such assurances because of overarching state laws that are changeable and subject to court interpretation. Through its call for demolition of existing units, the agreement eliminates existing statutory rights of tenants, replaces them with a contractual agreement from the owner/developer, and bypasses due process in the face of eviction.”

The report appears to reject the claim that the tenant protections are “ironclad,” an assurance that was repeated often in public hearings by representatives of the developer and the city’s Office of Economic and Workforce Development. “As it is stated, the agreement claims it can cause newly constructed units to be protected under the same rent stabilization ordinance previously applied to the demolished dwellings,” the report notes. “In reality, current laws appear to contravene this claim.”

When a discussion about Parkmerced was continued several weeks ago at a Board of Supervisors meeting, several members of the board voiced concerns that they did not have enough clarity on the question of whether renter protections could be guaranteed for tenants who reside in the complex’s 3,221 rent-controlled units, some of whom have lived there for decades.

“Never before has a redevelopment project of this size and length been undertaken in San Francisco in an existing community where more than 9,000 people live,” the report notes. It acknowledges the enormous tax revenues that the city stands to gain from the development, but cautions that “this windfall, no matter how promising, should not come at the expense of citizens’ legal rights.”

To remedy the flawed agreement, the Civil Grand Jury recommends that the city “enact legislation prior to signing the Development Agreement that adequately assures the statutory rights of existing tenants to remain at Parkmerced and enjoy undisturbed continued tenancy,” and goes onto suggest language providing that “If a landlord demolishes residential property currently protected under the City’s Rent Stabilization and Arbitration Ordinance, and builds new residential rental units on the same property within five (5) years, the newly constructed units are subject to the San Francisco Rent Stabilization Ordinance.”

Meanwhile, Parkmerced spokesperson P.J. Johnston has already issued a response the hot-off-the-presses report, sending out a press release calling it “flawed,” and charging that the Civil Grand Jury is “calling for a solution to a problem San Francisco has already solved.”

Johnston contends that San Francisco already has a provision in the local municipal code that would do exactly what the Civil Grand Jury is asking city government to enact as a remedy for the shortcomings of the development agreement. Is Johnston’s interpretation of the local ordinance an accurate assessment? Not being lawyers ourselves, the Guardian phoned the office of the City Attorney to find out. We’ll post a response as soon as we receive one.

Johnston criticized the Civil Grand Jury report as “a highly political stink bomb,” saying, “I believe we’ve been able to address those concerns over the past several weeks, and I hope our leaders are able to see past this kind of last-minute distraction.” Johnston, who previously served as former Mayor Willie Brown’s press secretary, added, “This reeks of the nasty side of San Francisco politics.”

**UPDATE** The Guardian just received a call from an official from the City Attorney’s office, who said they did not want to be quoted because Parkmerced is a highly politicized issue. This person confirmed that the existing code Johnston pointed to does in fact do just what the Civil Grand Jury was asking for, and added that the local law had been referenced in a Parkmerced board file from last week. Seems the Civil Grand Jury didn’t have that information when it issued the report.

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.” 

Editor’s notes

8

tredmond@sfbg.com

I’m tired of stories about poor San Francisco landlords. Because residential landlords in San Francisco have a great gig — and almost none have any right to complain about it.

The latest tale appeared in The New York Times May 1, with a longer version in the Bay Citizen the same day. It involves Wayne Koniuk, who owns a building on Divisadero Street. He has a shop where he makes prosthetic devices and two units upstairs.

Koniuk inherited the building from his father. He cleared out one of the units and moved in one of his sons. Now he wants to evict the tenant in the remaining unit — Robert Murphy, a senior citizen and retired union worker living on a fixed income — so he can move in his other son. Turns out that’s not easy. Koniuk is upset, and the Times presents his case: after all, Koniuk owns the building. Why can’t his children live there?

It’s an interesting question that drives a lot of passions in this town (the Bay Citizen has almost 100 comments on the story; my blog post on the subject has 65). And it gets to the heart of what rent control and regulations on property and land use are about.

See, by law — and public policy — the fact that Koniuk owns the building and Murphy rents is largely irrelevant. A long-term tenant in a protected class (in this case, someone over 60) who pays the rent on time every month and has created no nuisance has a right to stay there, except in limited circumstances. Yes, that’s an infringement on the “ownership” right of the landlord — but those rights are already strictly limited. I own a house — but not the right to demolish it, or the right to build a second unit in the basement and rent it out, or the right to add three stories to the top, or the right to turn it into a gas station or a Burger King. I knew those things when I bought the place — and if I didn’t, I should have. In San Francisco — a dense city with tight zoning laws and a legally certified housing crisis — property owners have limited rights.

They also have low property taxes (under Prop. 13), and the value of their investments keeps rising. Not a bad deal at all.

When you buy, or inherit, a building with a tenant who qualifies for protection under the city’s Rent Stabilization Ordinance, you don’t have the right to raise the rent more than a certain percentage every year. And you don’t have the right to evict the person, except for what the law calls just cause. (Just cause, by the way, typically does allow eviction to move in a relative — but it’s harder if you’ve already done one such eviction and if the tenant is a senior or disabled.)

Koniuk has a place to live (in Belmont); both his sons have places to live. They are, by definition, better off than Murphy, who is facing the prospect of no place to live at all. I’m not shedding any tears for the poor landlord.