Supervisors

Will San Francisco voters give Muni more money to serve a growing population?

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Beating up on Muni and the San Francisco Municipal Transportation Agency is a perennial pastime for many San Franciscans, who will be given the opportunity to put their money where their mouths are this November. Will they be willing to give Muni the money it needs to serve its growing ridership, even at the cost of other city programs and priorities?

The Board of Supervisors yesterday [Tues/22] voted narrowly to place Sup. Scott Wiener’s Muni funding measure on the fall ballot. It would increase General Fund contributions to the SFMTA as the city population increase, retroactive back to 2003 when the current rate was set, giving the agency an immediate $20-25 million boost to serve the roughly 85,000 new residents the city has added since then.

“For too long City Hall has been slow to prioritize transit funding,” Wiener said in a press release. “We are a growing city, and we need to take firm steps to ensure that our transportation system keeps up with that growth.  Improving transit reliability and capacity and making our streets safer are key to that goal.”

While everyone says they support Muni — even David Looman, the proponent behind the Restore Transportation Balance initiative that seeks more SFMTA funding for cars, which will also appear on that ballot — Wiener has been the rare strong advocate locally for actually giving the agency more money.

Mayor Ed Lee created a $10 million hole in the SFMTA budget by demanding the repeal of charging for parking meters on Sunday this year, and then he dropped his support for a local increase in the vehicle license fee this year, prompting Wiener to introduce his Muni funding measure, which the mayor would have the authority to terminate if voters approve a VLF increase in 2016.

A $500 million general obligation bond transportation measure backed by Lee and the full Board of Supervisors will also appear on the November ballot, but it will go mostly to cover Muni’s capital needs, not the growing demands on its operating budget.

Wiener’s Muni funding measure yesterday barely got the six votes this charter amendment needed to qualify for the ballot: those of Wiener and Sups. London Breed, David Campos, David Chiu, Malia Cohen, and Jane Kim (Sup. John Avalos was absent).

In recent years, there’s been a rift in the city’s progressive coalition between environmental and transportation activists on one side and affordable housing advocates on the other, who sometimes battle over city funding they see as a zero sum game. So it will be interesting to watch how the politics surrounding this measure shape up going into the fall campaign season.  

Refugee crisis hits home

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joe@sfbg.com

In the small, colorful Precita Valley Community Center, a woman clutches a black ceramic goblet, circling a teenage girl with wisps of incense, and repeats the act with the 60 or so attendees. The spiritual cleansing ritual is much needed. Afterward, the San Franciscans will set their minds to saving the lives of children.

Nearly 50,000 Central American children crossed the Mexican border since October, according to federal data, fleeing targeted violence in Honduras, El Salvador, and Guatemala. This recent surge has hit home, as hundreds of those young refugees, often unaccompanied, seek asylum through immigration courts in San Francisco.

The courts often decide between life and death: Do the children stay in the safety of our sanctuary city, or return to countries from which they fled violence and chaos?

Jose Artiga, executive director of the Salvadoran Humanitarian Aid, Research and Education Foundation, told the crowd a story of life in El Salvador.

“A boy of only 11 years old waited for his grandfather one day,” he said, in Spanish. “A gang captured him, and the community organized to search for the boy. They found the child, but in six parts. The grandfather said, ‘How can I bring my grandchild back to his mother in six parts?’ This was a child. The gang showed up at the funeral, and would not let the community bury him.”

Some say the rising power of gangs sparked this surge in immigration. As President Barack Obama struggles with a bitterly partisan and gridlocked Congress to find a solution, US cities are dealing with the impacts of the overburdened immigration court system.

Now politicians of all partisan stripes, activists, and families are coming together to help the child refugees. Just last week, Sup. David Campos’ resolution to find additional aid for overburdened immigration services unanimously passed the Board of Supervisors. The next step, he told the Guardian, is to determine how best to use funds to help these children.

At the Precita Valley Community Center and beyond, activists call for that funding to reach attorneys, without which these kids will almost certainly be sent home into harm’s way.

 

OVERBURDENED

The refugees travel far. Children fleeing violence in El Salvador, Honduras, and Guatemala trek through Mexico to cross the US border, and some die in the attempt. Those who live and are discovered by Border Patrol officers along the Southwest border are held temporarily in crowded, cold detention centers in McAllen, Texas, or Nogales, Ariz.

Images of these detention centers show groups of children lying on hard floors in thin blankets, and some advocates for the refugees reported feces and urine soaking the floors. The young refugees tell officials where they have family connections, and are flown to immigration courts across the country.

One such court is in San Francisco.

In 2005, San Francisco had 227 new active deportation proceedings for unaccompanied children, according to federal data obtained by Syracuse University’s TRAC Immigration project. That number was stable until 2012 when it jumped to 450 new cases. In 2013, the number jumped again, to 820.

San Francisco now has over 1,900 pending juvenile immigration cases, according to TRAC. Most of those children are Salvadoran, Honduran, and Guatemalan. The surge is pushing organizations that help these children to the breaking point.

Lariza Dugan-Cuadra, executive director of the Central American Resource Center, knows one thing for sure: “Things have been crazy.”

CARECEN is one of many organizations providing legal representation to Central American child refugees in San Francisco. Two attorneys and two paralegals handle the bulk of cases, which jumped from 20 children a month to 60.

“All a child is given is a court date,” Dugan-Cuadra told the Guardian. “While the US guarantees the right to court, it does not guarantee the right to representation.”

While US citizens have a constitutional right to representation by an attorney, noncitizens in Immigration Court do not. And when organizations like CARECEN can’t provide an attorney, the child loses.

“We’ve heard cases where a 6-year-old will go before a judge having to represent themselves,” she said. “The judges are throwing their hands up saying ‘Are you serious!?'”

Data obtained by TRAC Immigration backs up her claim.

Nationwide, only 52 percent of unaccompanied children are represented by an attorney in deportation court proceedings.

With an attorney, judges rule in a juvenile’s favor to stay about half the time, TRAC’s research found. Without an attorney? Only one in 10 children are granted asylum.

No legal representation means no hope. The ACLU filed a class-action suit against the United States earlier this month on behalf of unrepresented child immigrants, alleging just that.

“The onus has been hard on nonprofit providers and pro-bono attorneys,” Dugan-Cuadra said, because they know the stakes. Legal Services for Children, Catholic Charities, and the Asian Law Caucus are among the organizations calling for more aid.

Many of the attorneys are experiencing burnout. One we talked to was on a vacation for her mental health. Studies by the American Bar Association show judges are burning out too, and things are only getting worse: California has 77,000 pending immigration cases backlogged in its courts.

But locally, the children bear the worst of this: TRAC Immigration’s data shows only 71 of the new 830 unaccompanied children in San Francisco were represented by an attorney as of June 2014.

And without representation, many will be sent home to violence.

 

REFUGEES OR IMMIGRANTS?

The United Nations Refugee Agency, UNHCR, said the children fleeing Central American countries should officially be considered refugees in need of asylum, a claim with legal ramifications President Obama so far has hesitated to make.

“We’re witnessing a complex situation in which children are leaving home for a variety of reasons, including poverty, the desire to join family, and the growing influence of trafficking networks,” Shelly Pitterman, UNHCR’s regional representative in the United States, said in a press statement. “Within this movement there are also children who are fleeing situations of violence at the hands of transnational organized criminal groups and powerful local gangs.”

Those fleeing violence and persecution, said Pitterman, will require access to asylum determination procedures and will need long-term protection. Others should be sent home, she said, and assisted with reintegration.

But some can’t find refuge anywhere at home, no matter where they go.

“My brother’s son was kidnapped eight years ago by extortionists,” one Salvadoran woman at the Precita center told the Guardian, declining to give her name out of fear for her family’s safety. Her brother moved to other cities, but the gangs continued to harass him and his family in provinces throughout El Salvador.

“He got letters threatening to kidnap his child. ‘We know where you live, we know where your child goes to school,'” she said. Her nephew is now 14. The last time she visited him she saw something that chilled her.

“He was approached by gangs to be recruited. I witnessed that. One day after when we were in the car, my nephew saw the gangs in another car. He hid on the floor and started to shake.”

The woman turned her head away and held back tears.

“My brother said ‘I have to take you out of here.'”

Now her nephew is somewhere safe in the United States, she said, though she would not say where. But the reason he left is clear.

“These kids don’t want to be the next dead body on the street,” Clarisa Sanchez, a Board of Immigration’s representative from Catholic Charities CYO told the Guardian.

Nationally, Republicans are calling for the mass deportation of these children. “I won’t stand idly by while our citizens are under assault and little children from Central America are detained in squalor,” Texas Gov. Rick Perry said this week, as he announced deployment of 1,000 National Guard troops along the Texas border.

But many pin the origins of the crisis squarely on the United States.

 

DRUG LEGACY

Salvadorans are familiar with violence and cruelty. In 1932, more than 30,000 Salvadorans were slaughtered in a peasant revolt called la matanza: the slaughter. Nearly 75,000 civilians died in El Salvador’s bloody civil war, from 1980-1992.

The US government intervened in that war, sending government aid to the Salvadoran government. Now the US has a hand in today’s violence in Central America, some say, as our country’s drug habits fuel cartels throughout the region. Those cartels are arming Central American gangs, whichObama admitted in a press conference last year.

“The United States recognizes that we’ve got responsibilities; that much of the violence in the region is fueled by demand for illegal drugs, including in the United States,” the president said.

Obama requested $3.7 billion emergency funding that would bring at least $64 million to immigration courts, but also at least $1.5 billion to border security and US Immigration and Customs Enforcement, a troubling addition to needed funding.

Back at the Precita Valley Community Center, Jose Cartagena pled for legal aid at the border. Cartagena is intimately familiar with the need: He fled El Salvador’s civil war over 30 years ago. As he crossed the Tucson desert, 13 of his fellow border-crossers died in the blazing southwestern heat. Only Cartagena survived. Now he’s a representative for the National Network of Salvadorans in the Exterior in San Francisco.

He called for justice.

“We have to help these kids find their families or sponsors,” he said. “If we don’t provide legal support now, the Obama administration may deport all of them. We can’t wait until it’s too late.”

If you’d like to help the efforts around the Central American child refugees, you can contact CARECEN, Catholic Charities, or Superivsor David Campos’ office.

Clean energy and better infrastructure: a great combination

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OPINION Achieving a more sustainable San Francisco means a city running on clean power. It also means maintaining our infrastructure to keep San Francisco functioning.

Right now, our city can do better on both fronts, and legislation we are sponsoring will help move us in the right direction by increasing our use of clean, hydroelectric power while generating more revenue for infrastructure investment in our streetlight and power systems.

San Francisco’s Hetch Hetchy power system produces a massive amount of clean, hydroelectric power, yet our city uses very little of this energy despite our stated goal of moving toward 100 percent clean power by 2030. Moreover, the operator of this power system, the San Francisco Public Utilities Commission (PUC), has massive unmet infrastructure needs. Our streetlights, most of which are owned by the PUC, are badly in need of upgrade, and PUC’s power delivery system has almost a billion dollars in deferred maintenance.

To address these challenges, we are authoring legislation to bring more revenue-generating, clean power to San Francisco.

For over 100 years, the PUC has provided 100 percent clean, hydroelectric power to municipal agencies, including Muni, the San Francisco International Airport, San Francisco General Hospital, police and fire stations, libraries, and our public schools. Using this clean public power saves taxpayers millions versus what we would pay if we were to purchase PG&E power. Hetch Hetchy generates 1.43 million megawatt hours of clean power a year and is 100 percent greenhouse-gas free. This is a tremendous asset, but it has been underutilized.

Any excess public power that the PUC generates and doesn’t use for governmental customers is now sold on the wholesale market at a significantly reduced rate. Retail rates are around four times higher than wholesale rates. This means that with every megawatt sold at wholesale rates, the PUC is losing out on significant revenue to address its aging infrastructure needs.

If the PUC obtains more customers paying retail rates, we can generate more revenue to upgrade and improve our failing streetlight system and address the power system’s massive deferred capital needs. The PUC estimates that for every 10 megawatts sold to new retail customers — rather than selling that power on the wholesale market — we will see a net revenue increase of $4 million per year.

That is why we are sponsoring legislation to bring the PUC more retail customers and hence more infrastructure investment. The legislation provides the PUC with the right of first refusal to be the power provider for new development projects in San Francisco, including large private projects. This will allow the PUC to determine if it feasibly can serve as the power provider for these new developments, and in doing so expand the agency’s retail customer base.

Allowing the PUC the flexibility to add retail customers will move us toward a more financially sustainable public power system, while providing 100 percent greenhouse-gas free power to our city and generating significant resources for infrastructure investment, including for our streetlight system.

Some have raised questions about what this legislation means for the future of CleanPowerSF, our previously approved clean energy program that has been stalled by the PUC Commission’s refusal to set rates. These two public power measures are not in any way mutually exclusive, and both can move forward. We are both supporters of CleanPowerSF, and we want it to succeed.

We know the PUC can provide reliable, greenhouse-gas-free power that works for its customers. Anyone who disagrees can just look at San Francisco International Airport. If the PUC can reliably provide power to serve one of the most significant airports in the world, powering new housing and commercial developments won’t be a problem.

A sustainable, clean energy future requires a broad range of solutions. This proposal is one that will deliver our city more clean power and make our power enterprise stronger by redirecting energy revenues back into the system. Let’s put our clean power to work for San Francisco.

Scott Wiener and London Breed are members of the San Francisco Board of Supervisors.

King of the commons

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steve@sfbg.com

When Susan King attends the Aug. 24 Sunday Streets in the Mission District — the 50th incarnation of this car-free community gathering, coming the week before her 50th birthday — it will be her last as director of an event she started in 2008.

That successful run was made possible by King’s history as a progressive community organizer who also knew how to do fundraising, a rare combination that has made Sunday Streets more than just a bicycle event, a street faire, or a closure of streets to cars that the city imposes on its neighborhoods on a rotating basis.

Instead, King took the ciclovia concept that started in Bogota, Colombia in the late ’70s — the idea was creating temporary open space on streets usually dominated by cars (See “Towards Carfree Cities: Everybody into the streets,” SFBG Politics blog, 6/23/08) — and used it as a tool for building community and letting neighborhoods decide what they wanted from the event.

“I regard the organizing as community organizing work rather than event organizing, and that’s significant,” King told the Guardian. “We’re creating the canvas that community organizations can use.”

San Francisco was the third US city to borrow the ciclovia concept to create open streets events — Portland, Ore, was the first in June 2008, followed quickly by New York City — but the first to do one that didn’t include food trucks and commercial vending, which Sunday Streets doesn’t allow.

“It’s not a street fair, it’s about meeting your neighbors and trying new things,” King said, referring to free activities that include dance, yoga, and youth cycling classes and performances. “It’s a really different way of seeing your city. A street without cars looks and feels different.”

Now, after seeing how Sunday Streets can activate neighborhoods and build community, and watching the concept she helped pioneer be adopted in dozens of other cities, King says she’s ready for the next level.

“I want to apply what I know on a larger scale, ideally statewide,” King said of her future plans. “This really opened my eyes up to the possibilities.”

 

WORKING WITH COMMUNITIES

After a lifetime of progressive activism — from grassroots political campaigns to city advisory committees to working with the Green Party — King knew the value of listening to various community stakeholders and earning their trust.

“We try to be culturally competent and work with each neighborhood,” King said. “We want to work with the neighborhood instead of dropping something on the neighborhood.”

That distinction has been an important one, particularly in neighborhoods such as Bayview and the Western Addition, where there is a long history of City Hall officials and political do-gooders trying to impose plans on neighborhoods without their input and consent.

“We worked really closely together and she gave me a lot of leeway to do Sunday Streets in a way that it worked for the community,” said Rebecca Gallegos, who managed public relations for the Bayview Opera House 2010-2013. “I can’t say enough great words about Susan. She was a truly a mentor to me. They’re losing someone really great.”

The first Sunday Streets on Aug. 31, 2008, extended from the Embarcadero into Bayview, opening up that neighborhood to many new visitors. King cited a survey conducted at the event showing 54 percent of respondents had never been to Bayview before.

“Susan wore a lot of hats. Not only did she create community in all the neighborhoods in San Francisco, but she knew how to go after the money,” Gallegos told us. “She walks the walk and doesn’t just talk the talk.”

Meaghan Mitchell, who worked with the Fillmore Community Benefits District, also said King’s skills and perspective helped overcome the neighborhood’s skepticism about City Hall initiatives.

“Susan came in and was very warm and open to our concerns. She was a joy to work with,” said Mitchell, who went on to work with King on creating Play Streets 2013, an offshoot of Sunday Streets focused on children.

The neighborhood was still reeling from a massive redevelopment effort by the city that forced out much of its traditional African American population and left a trail of broken promises and mistrust. Mitchell said King had to spend a lot of time in community meetings and working with stakeholders to convince them Sunday Streets could be good for the neighborhood — efforts that paid off as the community embraced and helped shape the event.

“It was nice to know the Fillmore corridor could be included in something like this because we were used to not being included,” Mitchell told us. “Community organizing is not an easy job at all because you’re dealing with lots different personalities, but Susan is a pro.”

 

ROUGH START

It wasn’t community organizing that got King the job as much as her history with fundraising and business development for campaigns and organizations, ranging from the San Francisco Symphony to the San Francisco Women’s Building.

At the time, when city officials and nonprofit activists with the Mode Shift Working Group were talking about doing a ciclovia, King was worried that it would get caught up in the “bike-lash” against cyclists at a time when a lawsuit halted work on all bike projects in the city.

“I thought that would never fly,” King said. “We started Sunday Streets at the height of the anti-bike hysteria.”

But her contract with WalkSF to work on Masonic Avenue pedestrian improvements was coming to an end, she needed a job, and Sunday Streets needed a leader who could raise money to launch the event without city funds.

“I know how to raise money because I had a background in development,” said King, who raised the seed money for the first event with donations from the big health care organizations: Kaiser, Sutter Health/CPMC, and Catholic Healthcare West. And as a fiscal sponsor, she chose a nonprofit organization she loved, Livable City, for which Sunday Streets is now a $400,000 annual program.

King had a vision for Sunday Streets as an exercise in community-building that opens new avenues for people to work and play together.

Immediately, even before the first event, King and Sunday Streets ran into political opposition from the Fisherman’s Wharf Merchants Association, which was concerned that closing streets to cars would hurt business, and progressive members of the Board of Supervisors who were looking to tweak then-Mayor Gavin Newsom, whose office helped start the event.

City agencies ranging from the Police Department to Municipal Transportation Agency required Sunday Streets to pay the full costs for city services, something that even aggressive fundraising couldn’t overcome.

“We were in debt to every city department at the end of the second year. It was the elephant in the room going into that third year,” King said.

But the Mayor’s Office and SFMTA then-Director Nat Ford decided to make Sunday Streets an official city event, covering the city costs. “It was the key to success,” King said. “There’s no way to cover all the costs. The city really has to meet you halfway.”

King said that between the intensive community organizing work and dealing with the multitude of personalities and interests at City Hall, this was the toughest job she’s had.

“If I would have known what it would be like,” King said, “I would never have taken the job.”

 

SUNDAY STREETS SOARS

But King had just the right combination of skills and tenacity to make it work, elevating Sunday Streets into a successful and sustainable event that has served as a model for similar events around the country (including at least eight others also named Sunday Streets).

“The Mission one just blew up. It was instantly popular,” said King, who eventually dropped 24th Street from the route because it got just too congested. “But it’s the least supportive of our physical activity goals because it’s so crowded. It was really threatening to be more of a block party.”

That was antithetical to the ethos established by King, who has cracked down on drinking alcohol and unpermitted musical acts at Sunday Streets in order to keep the focus on being a family-friendly event based on fitness and community interaction.

Even the live performances that Sunday Streets hosts are required to have an interactive component. That encouragement of participation by attendees in a noncommercial setting drew from her history attending Burning Man, as well as fighting political battles against the commercialization of Golden Gate Park and other public spaces.

“It was my idea of what a community space should look like, although I didn’t invent it…We really want to support sustainability,” King said. “We’re not commodifying the public space. Everything at Sunday Streets is free, including bike rentals and repairs.”

As a bike event, the cycling community has lent strong support to Sunday Streets, with the San Francisco Bicycle Coalition strongly promoting it along the way.

“The success of Sunday Streets has been a game changer in showcasing how street space can be used so gloriously for purposes other than just moving and storing automobiles. At every Sunday Streets happening we are reminded that streets are for people too,” SFBC Director Leah Shahum told us. “Susan’s leadership has been such an important part of this success.”

SF and UC systems dragging their feet on fossil fuel divestment

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The San Francisco Employees’ Retirement System and University of California Board of Regents — two local entities targeted by campaigns urging them to divest of their fossil fuel investments — remain resistant to the change despite official statements of support.

In April of last year, the San Francisco Board of Supervisors voted to push SFERS to divest from fossil fuels. Now, more than a year later, sponsoring Sup. John Avalos questioned Mayor Ed Lee during the July 15 Board of Supervisors meeting about what needs to happen to move toward divestment. Groups such as Fossil Free SF and 350 SF are asking the same question since the issue of climate change is nearing a critical threshold.

Kimberly Pikul and Jed Holtzman of 350 SF told the Guardian that now is the time for action. “There is only so much carbon that we can release before we cook the planet beyond a level to which we can adapt,” Holtzman told the Guardian.

Pikul and Holtzman explained that carbon reserves owned by publicly traded fossil fuel companies represent five times what would be required to “cook the planet.” Only 20 percent of owned reserves can actually be used without massive environmental consequences, so they say stock in a fossil fuel companies is overvalued, making it a risky investment.

“To protect the long-term financial health of the pension fund and the benefits of city workers and retirees, it is a certainty that SFERS needs to divest from its fossil fuel holdings,” said Holtzman.

Despite the unstable investments and risk of environmental change, Mayor Lee seemed more concerned with jobs and green projects when Avalos questioned him about the Retirement Board’s progress at the Board of Supervisors meeting.

Lee told Avalos: “Our commitment of $4.5 million a year to GoSolarSF will continue to create local green collar jobs and … contribute [to] the creation of locally produced 100 percent green energy. These are the kinds of meaningful investments that actually deploy dollars, create jobs, and move the needle on green energy.”

Despite SF’s support of green jobs, Avalos, Fossil Free UC and 350 SF see divestment as one of the pathways toward long-term environmental change and more sustainable energy projects.

But, as Avalos pointed out, the Retirement Board has “yet to take any steps to divest from fossil fuels or limit the retirement fund’s exposure to the financial risks posed by climate change.”

The only step taken so far is to initiate “Level 1” shareholder engagement with fossil fuel companies. Pikul and Holtzman explained that Level 1 engagement “is largely cosmetic and only calls for SFERS to vote their proxies on climate-related shareholder votes.” The next step is Level 2: shareholder advocacy and engagement with fossil fuel companies. The ideal is Level 3, or investment restriction/divestment.

SF isn’t the only city to seek divestment. Oakland and Berkeley are also pursuing the cause, as are Portland and Seattle. The University of California has also been deliberating the issue and plans to vote on divestment in September.  

But the UC Board of Regents seems skeptical, despite the push from students. UC President Janet Napolitano told the Daily Bruin, “Using divestment as a tool is something that should be done rarely, if at all.”

An open letter from faculty to the UC Regents, posted on Fossil Free UC’s website, bases the argument for divestment on students’ well-being: “Current students will be at the peak of life in 2050, identified by numerous studies as a point at which the global community will have either adequately responded to climate change, or will be suffering horribly from it.”

When Harvard rejected divestment in 2013, University President Drew Faust told the San Francisco Chronicle that she found “a troubling inconsistency in the notion that, as an investor, we should boycott a whole class of companies at the same time that, as individuals and as a community, we are extensively relying on those companies’ products and services for so much of what we do every day.”

Stanford University had a similar dependence issue, which is why it compromised by divesting from coal companies, instead of all fossil fuel companies. Before divestment, the university received $19 billion from coal-related investments, money that will now be invested in other things.

While the partial divestment is a step in the right direction, Fossil Free UC student organizer Silver Hannon said, in a press release following July 16 Regents meeting, “While partial divestment could stigmatize the dirtiest energy source, we need to see the Regents take a real leadership position on the issue by adopting a comprehensive fossil-free investment strategy.”

As for SF, Mayor Lee promises that divestment will happen after the Retirement Board has considered the consequences. Since there doesn’t seem to be a study currently underway, the best course of action is to keep Lee and other officials accountable for SF’s climate and clean energy goals, said Pukil and Holtzman.

Lee seems confident that SFERs will divest, even if the timeline is currently unclear.

“I know the commission does seriously consider the fiscal consequences of divestment, and sometimes they decide the benefits outweigh the costs,” Lee told the supervisors. “I trust the Retirement Board and staff to make the right decisions in this regard.”

Anti-Eviction Mapping Project highlights Urban Green’s record of displacement

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The Anti-Eviction Mapping Project’s latest creation illustrates the eviction history of Urban Green Investments, a San Francisco-based real estate company that was recently put in the spotlight with its controversial attempted eviction of 98-year-old Mary Elizabeth Phillips.

The Mapping Project’s graphic shows the properties owned by Urban Green and its affiliates, assets that number 385 units in more than 15 buildings. According to the Mapping Project, they have displaced “numerous tenants in the San Francisco Bay Area,” led by the efforts of CEO David McCloskey.

“The Anti-Eviction Mapping Project created this map to expose how large and interconnected the Urban Green and McCloskey network is,” said Erin McElroy of the Anti-Eviction Mapping Project. “We have been shocked at how many tenants they have pushed out and in how many cities they are flipping properties.”

Urban Green’s website advertises the company as a “fully integrated real estate company with brokerage, property management and development capacities.” The company’s strategy is to acquire property, then add value by “increasing efficiencies, enhancing entitlements, and employing carefully calibrated green renovations.”

In recent years, Urban Green has been busy displacing tenants, including in October 2012, when it purchased a multi-family portfolio with 130 units in San Francisco. According to the Mapping Project, the company is involved in around 40 LLCs, “many of which they use to evict tenants and then flip buildings.”

“Companies like Urban Green wouldn’t be evicting tenants like Mary Phillips if we stopped the profiting of buying up then evicting whole buildings just to sell them quickly,” San Francisco Tenants Union Director Ted Gullicksen said in a statement. “We need to pass a surtax on transfers of apartment buildings within five years of last sale this November if we are to stop these displacement practices of speculators like Urban Green.”

Gullicksen referred to the anti-speculation tax that tenant activists and progressive members of the Board of Supervisors has place on the November ballot. Representatives of Urban Green have not returned Guardian calls for comment, but we’ll update this post if and when we hear back.  

Even residents outside the Bay Area have not escaped the reach of the McCloskey family, which has a long history of evictions. Urban Green is currently a subsidiary of the business run by David McCloskey’s Thomas McCloskey: Cornerstone Holdings. The family owns property in Colorado (where Cornerstone is based), New York, Hawaii, and California, according to the Mapping Project. Perhaps most controversially, the family owns 300 acres of land in Hawaii, called Kealia Kai, which greatly angered the Kaua`i people in the 1990s. After buying the land for $17 million, McCloskey unsuccessfully attempted to build a private beach community with his land.

More than 2,000 miles of sea separate Hawaii from Phillips’ apartment, but the residents of both areas are suffering similar fates at the hands of the McCloskeys. And though Urban Green stated last week that it would not continue its attempt to evict Phillips, attorney Steve Collier of the Tenderloin Housing Clinic issued a statement making it clear that the company’s efforts are not over. According to Collier, Urban Green’s new strategy is to force out Brant, which would remove Phillips by default because she relies on Brant’s care.

“This has been my home for over 40 years and I don’t want to leave. . . I am just too old,” said Phillips, according to the Mapping Project’s website. “I didn’t sit down and cry, I just refused to believe it. They’re going to have to take me out of here feet first. Just because of your age, don’t let people push you around.”

Alternative Ink discusses the flurry of SF ballot measures moving through City Hall

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Digging deep during the height of summertime fun and frivolity, we Guardianistas showed up in force last night for another lively and informative edition of our biweekly radio show, Alternative Ink, on BFF.fm. Listen to the podcast here (but don’t be fooled by the first minute from a past show, it’s a false front we used to hide this week’s treasure).

With the fall ballot being filled out inside City Hall in recent weeks, we discussed rival housing measures sponsored by Sup. Jane Kim and Mayor Ed Lee, as well as the anti-speculation tax. We also covered the Restore Transportation Balance (placed on the ballot by citizens) and Let’s Elect Our Elected Officials (which was narrowed denied a spot on the ballot by the Board of Supervisors) measures that have been burning up the SFBG comments section lately.  

We talked tech, prompted by our pair of long and insightful stories in last week’s issue, and we previewed an interesting story in our coming issue about how San Francisco is dealing with a flood of young immigrants who have showed up seeking refuge status. As always, the show was peppered with great music, this time with a decidedly international flair thanks for our award-winning Art Director Brooke Ginnard’s return from a three-week vacation in Europe (welcome back, Brooke).

After doing the show for a few months now, we’re starting to hit our stride — so much so that we’ve decided to do a live version of the show on the evening of Aug. 28 at the LGBT Center. So stay tuned for more information about the lineup for that show, and please tune in to our next radio show on Aug. 3. 

Housing supply and demand theory on trial at City Hall

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The November ballot is shaping into a housing supply theory showdown, and yesterday’s [Thu/17] Board of Supervisors Rules Committee hearing was the first round.

The committee hosted two hearings on rival housing proposals for the November ballot: Sup. Jane Kim’s City Housing Balance Requirement and Mayor Ed Lee’s Build Housing Now initiative. The two purport to set similar goals for building affordable housing, but Lee’s proposal contains a poison pill that would invalidate Kim’s measure. 

The mayor’s philosophy on housing, a strict supply and demand argument, was on full display. 

“[Housing] is a competition based on who has the most dollars in their pocket, and the ones with the most dollars win,” Olson Lee, director of the Mayor’s Office of Housing said at the hearing. “If we limit the supply, the people with the most dollars will win.”

The arguments are a little complicated, but let’s try to break them down: Kim’s initiative lays out a requirement for new construction to build 30 percent affordable housing and 70 percent market-rate housing. Currently, new construction projects can build on-site affordable or pay a fee into a pot, known as the Affordable Housing Trust Fund. If new construction needs to be exempt from the balance requirement, under Kim’s measure, that can be decided by the Planning Commission. 

But the mayor and his deep-pocketed development allies are shrinking away from this like the Wicked Witch of the West from water. Affordable housing doesn’t make a dime for developers, and the mayor fears Kim’s policy will slam the breaks on market-rate housing construction. 

Activist and San Francisco historian Calvin Welch argues supply and demand housing theories won’t solve the San Francisco housing crisis, via 48hills.

Yet Kim’s measure is based on what many progressives in San Francisco believe: San Francisco’s housing market is hot, profits are high, demand is insatiable, and building lots of market rate housing that will never be affordable to most San Francisco won’t solve the city’s affordable housing crisis. The construction pipeline won’t slow down with a few dings to profit margins, she argued. 

“I just have to say if building 30 percent affordable housing will halt development, we’re in a whole lot of trouble,” Kim said to her critics. “We have to build. Even people that make money leave San Francisco every day.”

No one is saying Kim doesn’t believe more housing needs to be built. But Lee’s staffers emphasized a belief that more housing construction alone is the solution to the city’s ills, a strategy that hasn’t exactly netted stellar results recently. They also defended the Affordable Housing Trust Fund, as the Mayor’s Office of Housing is funded about “40 percent” from developer’s fees, Olson Lee said. Sarah Dennis Phillips, from the Mayor’s Office of Economic and Workforce Development, argued sharply that any hit to developer’s fees, even marginal ones, would result in a loss of dollars for the city’s General Fund, the funding pot feeds most city services.

The mayor’s ballot initiative essentially asks for a vote of confidence in his plan to build or rehabilitate 30,000 housing units by 2020, which some in the press have pilloried as depending heavily on already-existing units. While 30,000 sounds like a lot, the Controller’s Office said San Francisco would need as many as 100,000 housing units to even make a dent in San Francisco’s skyrocketing housing prices, according to the SF Examiner (though he has since written the Examiner to say his sentiments were misconstrued). The city’s Civil Grand Jury recently released a scathing report of the mayor’s 30,000 housing unit goal, saying “While the residential real estate market is enjoying a strong recovery, it is doubtful the city can build its way out of the current affordability crisis.”

Meanwhile, people are losing their homes and fleeing the city. Some who are holding on by a thread came out to speak at the dueling hearings. 

“I have health challenges including cerebral palsy,” Justin Bennet said during public comment. He spoke with a difficulty in his jaw, haltingly and with much effort. He said the housing market made it difficult to move from the dangerous areas of the city he calls home. “I’ve been robbed outside several residences I’ve lived in, so I’m hoping for a change in my housing situation in the future. Thanks for letting me speak.” 

A family came up to the podium to speak, with two young housing activists, a brother and sister, 9 and 6, saying they didn’t want to see so many lose their homes.

Advocates from the SEIU 1021, South of Market Community Action Network, Alliance of Californians for Community Empowerment, and the Chinese Progressive Association, to name a few, were on hand at the hearing. They were also on hand for a press conference on the steps of City Hall shortly before the hearing. Ed Donaldson from ACCE called out the mayor’s housing measure, saying its only intent was to torpedo Kim’s. 

“I say we should play chicken with the mayor,” Donaldson said at the podium. Metal bands have sung with less volume than the baritone he used while booming, “Let’s see if he has the gall.”

Inside the hearing, Patrick Valentino (who championed luxury development on the waterfront) and Tim Colen of the Housing Action Coalition spoke, defending the mayor’s measure.

“As San Francisco, as a city in affordability, we’re failing. Our rate of failure is accelerating,” he said flatly. He criticized Kim’s plan and asked, “Where’s the money? No one disagrees we need it. The shortcoming I see in the housing balance measure is its premise that if we increase restrictions on market rate housing, it helps subsidize housing.” 

He argued instead to gather more stakeholders together (i.e. deep pocketed developers) to negotiate more private funding, a strategy he said that worked in the past. 

As others came to the podium to argue against developer greed, Colen watched on, shaking his head, seemingly in disagreement. When someone in public comment argued that developers so far have shirked their responsibilities to build affordable housing, he shook his head again and left the hearing room. 

There’s a stark divide in housing philosophy, and supply and demand’s ability to save San Francisco will soon see a trial by voter if Kim’s charter amendment can win six vote at the full Board of Supervisors. 

The mayor’s policies seem to be more of the same, Kim said, and now the city seems to be fighting over the crumbs of developers’ fees. Despite opposition from the mayor, Kim told the Guardian she’s open to new ideas from the mayor. 

But she also said she won’t back down. 

“We’re on a two-fold path right now. If there’s a compromise to get [the city] to 30 percent affordable housing, like new revenue, we’re open to that compromise,” she said. “But we always intended this to go to the ballot.”

San Francisco to study dropping speed limit to 20 mph for pedestrian safety

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As a part of a citywide effort to eliminate all pedestrian deaths by 2024, San Francisco will study the impact of reducing speed limits to 20 mph. 

“This is a reasonable issue to look into making San Francisco streets safer,” Sup. Eric Mar said, in a public statement. “There is too much excellent work and research going into it nationally and internationally to ignore.” 

The study was proposed by Mar as part of Vision Zero – a Swedish concept adopted by San Francisco at the behest of Sup. Jane Kim earlier this year. The initiative aims to reduce pedestrian deaths to zero within 10 years, with a focus on educating drivers, engineering roads for safety, and enforcing traffic laws (which the SFPD agreed to reform ealrier this year). Data from the study should be available in early fall. 

Where the speed changes would occur is the subject of the study. “We’re going to the experts,” Peter Lauterborn, Mar’s aide, told the Guardian. That’s the whole point of the study, he said, to figure out where and by how much speed could be reduced in the city to save lives. 

Modest adjustment to speed limits lowered pedestrian mortality rates in cities across the world.

Paris, London, cities in Sweden, and New York all implemented speed limit reductions to save pedestrian lives. According to the British Medical Journal, serious traffic-related fatalities or injuries decreased by 46 percent in 20 mph zones in London. 

The San Francisco Municipal Transportation Agency and the San Francisco Police Department got on board with the Vision Zero pedestrian safety plan, proposed by Sup. Jane Kim, earlier this year. 

According to California’s Office of Traffic Safety, San Francisco was ranked number one for traffic fatalities and injuries in 2011, compared to other similarly sized cities. 

“The overall frequency of traffic fatalities in the City of San Francisco constitutes a public health crisis,” the SFMTA warned in its Vision Zero web post. 

The statistics the SFMTA presented may seem dry, but tell the tale of preventable pain pedestrians suffered at the mercy of autos: Over the ten years from 2002 to 2011 the City lost a total of 310 lives to traffic fatalities. Each year alone on average 800 people are injured and 100 severely injured or killed while walking in San Francisco.

Sweden also saw fewer pedestrian crashes, despite increased traffic density. 

Walk SF has repeatedly advocated to fix intersections that are known to be especially dangerous, as only six percent of SF intersections are responsible for 60 percent of pedestrian crashes. Most of these areas are located in SoMa and the Tenderloin districts, the latter is where 6-year-old Sofia Liu was killed on New Year’ Eve

Walk SF’s Executive Director Nicole Schneider told us 20 mph zones would make it easier for cars to stop, expand drivers’ view of streets, and decrease the force of impact. 

In 2011 the city instituted 15 mph school zones after strong advocacy from Walk SF and other groups. While Schneider didn’t have any statistics about the impact of the speed limit on hand, she did say that there is a “perception of change” in these zones. 

But there are environmental benefits of slower speeds as well, Lauterborn told us: driving slower uses less gas. 

The U.S. Department of Energy says that speeding, rapidly accelerating, and frequently braking can decrease gas mileage by 33 percent. A lower speed limit would decrease driving costs as well as protect pedestrians. 

Lauterborn said even if the study shows a 20 mph speed limit would be beneficial, there are state laws that might prevent SF from lowering the speed limit. Local governments can only set the speed limit lower than 25mph on streets smaller than 25 feet wide or in business, residential, or school zones. To lower the speed limit to 20mph on a street like Sunset, the city would likely need state permission. 

At a fiery Board of Supervisors hearing on Vision Zero in January, a pedestrian who was hit by a car in 2013 named Jikaiah Stevens offered a scathing critique of current vehicle collision policies. “What is their incentive to drive safely when there are no consequences?” Stevens asked the board that night. A 20 mph limit may go a long way towards preventing pedestrian injuries like Stevens’.

“Let’s Elect Our Elected Officials” rejected at the Board of Supes

At today’s (Tue/15) Board of Supervisors’ meeting, members of the board voted 6-5 against placing a proposal on the November ballot that would create special elections when vacancies arise on the Board or in the Mayor’s Office.

If approved by voters, the measure would have immediate impacts on San Francisco’s political landscape. Board President David Chiu is vying for a seat in the California Assembly against Sup. David Campos, which will leave a vacancy on the board one way or another. 

But Sup. John Avalos, who authored the charter amendment proposal, noted that “this measure is not about any existing mayor or any existing supervisor.” Instead, Avalos described the measure as a bid to make city policy more democratic. 

“It will allow voters to decide who fills vacancies in special elections,” Avalos said.

As things stand, when a supervisor’s seat is vacated, it’s up to the mayor to appoint that official’s replacement. When a mayor’s seat is vacated, a much more rare occurrence, it’s up to “a small minority of people – us,” to appoint the city’s top elected official, Avalos said. “This shapes how decisions are made, often behind closed doors.”

Taking this question to voters via special election would ultimately be more democratic, he added. “If you are on the fence on this measure, I hope you can still send this ballot measure over to the voters,” Avalos told his colleagues.

Sups. London Breed, Katy Tang, and Scott Wiener each spoke in opposition to the idea.

“It’s not a perfect system, but no system ever is,” Breed said. “I’m not sure what problem we’re trying to solve with changing the charter.”

Wiener sounded a similar note. “There are various ways you can do it, and no way is necessarily better or worse,” he said of the current system for appointing vacancies. “I don’t see how the system that we have is in any way broken.”

But Sup. David Campos chimed in to challenge that framing. “The question before this board is not, what is the best system? … The question is a lot simpler than that,” Campos said, “Since we are talking about democracy. The question is: Will we give voters in SF the opportunity to decide for themselves what the best system is? Let’s not you and I pre-judge what the voters are going to say.”

In the end the measure failed six to five, with Sups. Mar, Avalos, Campos, Chiu, and Jane Kim voting in favor.

Supes to vote on Avalos’ “Let’s Elect Our Elected Officials” measure

The San Francisco Board of Supervisors will vote tomorrow (Tue/15) on whether to submit a charter amendment to the ballot that would require a special election in the event of a vacancy on the Board of Supervisors or in the mayor’s office.

As things stand, the mayor holds the power to appoint someone to fill a vacant seat on the board. But Sup. John Avalos’ proposed ballot measure, unofficially dubbed “Let’s Elect our Elected Officials,” would shift that decision-making power to the voters. The measure needs six votes to pass.

If it wins voter approval, the measure would also likely have a significant impact on the city’s political landscape in the immediate future.

Sup. David Campos, who is co-sponsoring the initiative, is currently vying for a seat in the 17th Assembly District against Board President David Chiu, a narrow race that will leave a vacancy on the Board one way or another. If Campos, one of the board’s most progressive members, is elected, Mayor Ed Lee would presumably appoint someone to his seat with a rather different political bent.

The ballot needs an additional three votes (beyond its three sponsors) to reach the necessary six votes necessary for approval by the Board, and “it’s sort of up in the air at the moment,” according to Jeremy Pollock, Avalos’ legislative aide.

Some supervisors are reluctant to go against Lee by limiting mayoral power. Opposition from Sup. Katy Tang, herself a beneficiary of the current rules when she was appointed by Mayor Lee in February 2013, has also had an effect of the amendment’s approval.

But supporters of the bill are hoping the overall benefits of the measure will lead the supervisors to approve it.

“John sees this as a good government reform that takes some power away from the mayor and the Board and gives it to the voters,” Pollock said, with the hope that it would also work to discourage backroom deals.

Another potential issue raised over the approval of the measure is the cost of special elections, though it appears to be a relatively minor concern. According to the San Francisco Department of Elections, a special election for supervisors costs roughly $300,000 (a drop in the ocean given the city’s multi-billion dollar budget) and around $3.5 million for a citywide election, a substantial sum but also a relatively minor worry given the rarity of vacancies in the mayor’s office. Some might argue that given the importance of the mayor’s duties, that’s a small price to pay to allow the voters to have a say.

In addition to its main rule change, the measure includes a few other provisions, such as making an exception for the proposed rule if a regularly scheduled election would be held within 180 days of the vacancy.

It would also provide “that the Mayor appoints an interim Supervisor to fill a supervisorial vacancy until an election is held to fill that vacancy,” with the key addition that the interim supervisor would be ineligible to compete in that election.

That’s no small stipulation, given the sweeping historic success of incumbents in board re-elections. (Since 2000, when district elections returned, Christina Olague is the only incumbent who failed to gain re-election after being appointed.) Avalos appears set on plugging all holes with his proposed legislation, and it’s now up to the board to place it on the November ballot.

City will turn Francisco Reservoir into a park, with no affordable housing

San Francisco is getting a new park – but the deal has left some wondering why a small portion of the new parkland couldn’t have been set aside to build housing for teachers and firefighters.

On July 8 members of the San Francisco Public Utilities Commission voted unanimously, amid a flurry of congratulatory exchanges, to transfer the Francisco Reservoir to the Recreation and Parks Department. Nearly everyone who weighed in during public comment praised the decision to convert the reservoir site into open space for the surrounding neighborhood. Located near Russian Hill on Hyde Street just above Bay Street, the Francisco Reservoir has gone unused for the better part of century.

One speaker did offer some balance. “We have the mayor and the Board of Supervisors constantly hitting us over the head saying we need housing,” she pointed out. “We have to start somewhere.” 

Under city law, publicly owned “surplus property” – as the Francisco Reservoir is categorized – must be considered for affordable housing before city departments may let it go for any other use.

Yet during years of discussion between neighbors and city officials to discuss this 4-acre parcel, the idea of building affordable housing apparently didn’t even receive minimal consideration.

Instead, the affluent neighbors wanted a park – and managed to raise nearly $10 million in private funding through several neighborhood associations to help make it happen. That money has been pledged for a park endowment, to cover development and maintenance purposes.

According to City Attorney spokesperson Matt Dorsey, the city’s “enterprise agencies” are exempted from the affordable housing requirement in the surplus property ordinance – this applies to surplus parcels under the ownership of the Port, the SFPUC, the SFMTA, and the Recreation & Parks Department.

A memorandum of understanding approved by the SFPUC, which must win the approval of the Board of Supervisors and the mayor before being finalized, grants some $10 million from the Recreation and Park Department’s open space fund to purchase the Francisco Reservoir from the SFPUC.

Open space is generally a wonderful amenity in an urban environment, particularly for land that hasn’t been used in decades. As Jan Blum noted at the hearing, the parkland will provide environmental benefits such as “habitat for migratory birds, as well as local wildlife.”

But the city’s decision to convert surplus property to open space comes just as Mayor Ed Lee is seeking to build 30,000 new housing units to stem the affordability crisis.

John Stewart, a prominent affordable housing developer appointed to serve on Lee’s affordable housing task force, told the Guardian that he got nowhere when proposing the idea of affordable housing construction for a small portion of the Francisco Reservoir parcel.

Stewart, who emphasized to the Bay Guardian that his company has no financial ties nor interest in developing a project there, penned an editorial for the San Francisco Business Times earlier this year on the Francisco Reservoir transfer, asking, “Why not expand the conversation to include the subject of housing?”

The idea was not well received. “I did not even propose tax-credit, tax-driven, very low income housing,” Stewart noted. “I proposed moderate-income, for teachers and nurses.”

The neighborhood plan showed the area at the end of the parcel, where Stewart thought housing could go, as a dog run.

Sup. Mark Farrell, who represents District 2, where Francisco Park would be located, was deeply involved in discussions about converting the reservior into a park. Farrell’s office didn’t return calls seeking comment, nor did the SFPUC.

“Sup. Farrell didn’t want me speaking to these groups,” Stewart said. “Nobody said, come by, come to our coffee klatch, make the case and we’ll at least talk it over. Nobody wanted to discuss it – that was clear. There was polite silence. But there was silence,” he said. “And their view is – and it’s understandable – they really want to have the whole thing.”

Angry building owners threaten lawsuit over anti-speculation tax

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Opponents of the anti-speculator tax that will appear on the November ballot blasted the proposal in a City Hall hearing yesterday [Thu/10] — pledging to defeat the measure in court even if voters approve it — but they were overwhelmed by a strong turnout from supporters who said real estate speculation drives up the cost of housing without adding any value.

“We can sue you in court on the many of the unconstitutional aspects of this and we will do that,” Janan New, director of the San Francisco Apartment Association, said of the measure that would charge a 24 percent tax on properties flipped within a year of purchase down to a 14 percent tax if flipped within five years.

New and other allies — including San Francisco Association of Realtors, Small Property Owners of San Francisco, and Sup. Katy Tang — claimed that the measure is illegally retroactive because it affects those who recently bought property and that it doesn’t account for people who need to sell their properties because of job loss or other life changes.

“This is almost tantamount to a confiscation of property,” Peter Rich of SPOSF said at the hearing.

But Sup. David Campos — who placed the measure on the ballot along with Sups. Eric Mar, Jane Kim, and John Avalos — refuted allegations that the measure isn’t legally sound and carefully questioned City Attorney’s Office staff to clarify the laws that allow for the measure.

“I know there’s a lot of ulterior motives here because we do know this is going to be challenged in court, so I want to be very clear,” Campos said in response to a line of questioning from Tang, who continued to maintain, “So it’s retroactive in a sense” after being told by the deputy city attorney that it wasn’t retroactive because the tax only applies to future property sales.

The anti-speculation tax was first introduced by then-Sup. Harvey Milk shortly before his assassination in 1978 (Dianne Feinstein killed the measure after becoming acting mayor), and it was revived this year during a series of tenant conventions and sponsored by Mar.

“What we’re proposing is very reasonable to deal with the affordable housing crisis,” Mar said at the hearing, noting that it exempts single-family homes, projects larger than 29 units, and sales triggered by the death of the property owner. “It’s been crafted with enough exemptions to protect the small guy and really go after the profiteers.”

During the public comment period, where supporters on the measure vastly outnumbered opponents, several speakers referenced Harvey Milk and said housing in San Francisco wouldn’t be so expensive today if the measure had passed back then, a time when evictions and displacement were also on the rise.

“He was assassinated before it came to fruition. The parallels to that time and today are striking,” testified Tom Temprano, president of the Harvey Milk LGBT Democratic Club, who urged supervisors to “honor the legacy of Harvey Milk by passing this thoughtful and well-crafted legislation.”

Brian Basinger, head of the AIDS Housing Alliance, played old video footage of Milk talking about the measure back in 1978, shortly after he was evicted from his Castro Street camera store by a landlord seeking higher rents, noting that profiteering forces San Franciscans to spend too much on housing and have too little left over for other needs.

“So when you look at that, it’s going to affect the larger economy,” Milk said of real estate speculation.

Gen Fujioka, who works at Chinatown Community Development Center and spoke for San Franciscans Against Real Estate Speculation, cited recent evidence of properties snapped up by speculators and quickly flipped for profits of 50 percent of more.

“Basically, what we’re seeing today is an escalation in the sales prices of multi-unit buildings beyond what people can pay in rent,” Fujioka testified, noting how that essentially forces landlords to evict rent-controlled tenants to make the investments pencil out. “That kind of price escalation is causing instability in our communities.”

But opponents lashed out at the measure and the characterization that they were profiteering in ways that hurt people. “It’s a housing tax and it doesn’t make sense to have a housing tax in the most expensive city in the country,” said Jay Chang of the Association of Realtors.  

Aaron Jones said he and his wife invested their children’s college savings in a small apartment building, and that they’re good landlords who should be able to sell the property when they want to without penalty.

“We can’t sell until 2017 with this retroactive, punitive tax,” Jones said, saying there were many other small investors like him who were afraid to speak up because “in San Francisco, to be an investor — not a speculator — is to be the devil.”

But supporters of the measure say their intention isn’t to demonize property owners but to do something about the eviction and displacement crisis that is changing the face of the city, and to create a disincentive to bad behavior.

“It’s really the most vulnerable people who are being affected by evictions,” said Erin McElroy of the Anti-Eviction Mapping Project, citing her group’s research showing 72 percent of recent evictions have been of the elderly or disabled.

“Speculation is the commodification of housing and housing is essential,” said Chris Durazo of the Veterans Equity Center.

Campos said most landlords should support the measure as check against speculators that are pushing up the price of housing, triggering evictions, and creating a divisive politcal climate: “Speculators are giving landlords in San Francisco and property owners in San Francisco a bad name.”

SF to consider joining Richmond in fighting banks over underwater mortgages

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Plans to ease San Francisco’s often overlooked home foreclosure crisis will have to wait a bit longer. The San Francisco Board of Supervisors this week delayed a resolution that would show the city’s “intent” to save underwater mortgages in favor of a resolution that might actually have begin to intervene in underwater mortgages.

“The idea of people losing their homes is very disheartening,” Sup. John Avalos told the Guardian. “I’m looking forward to an ordinance that would actually allow San Francisco to join a JPA [Joint Powers Authority] and enable us to have leverage over banks.”

The original proposal would have stated San Francisco’s “intention” to form a JPA with the City of Richmond in the obscure—and controversial—use of eminent domain to acquire and fix underwater mortgages for homeowners in working class neighborhoods. But Avalos said that the resolution was primarily aimed at supporting Richmond in defending its principal reduction program.

“The resolution in support of Richmond’s work is not as timely as it was and I want to make sure I can work with you colleagues about the relationship around how we can actually have an ordinance to join a JPA with the city of Richmond and have all of our questions answered as we’re going through that process,” he told the Board of Supervisors on Tuesday.

Eminent domain is a law that allows the government to purchase private property for public use, including nontangible assets such as mortgages. The use of eminent domain to acquire underwater mortgages (when mortgage payments that exceed the value of homes) could be a godsend for homeowners who have been bamboozled by predatory lenders.

Yet Richmond, receiving national attention for the gutsy strategy, faced intense criticism—even federal lawsuits—from banks and financial institutions of late. Certain banks and financial institutions warned lending would halt if the strategy were attempted. Although Richmond recently braved attempts to quash its principal reduction plan, a JPA with San Francisco would allow both cities to leverage some power over banks.

“One city doesn’t have the resources to do it alone,” Sup. David Campos, who co-sponsored the resolution, told the Guardian. “Collectively joining forces can do it, and can be strengthened by taking a regional approach.”

Yet Avalos explained that he has already experienced disagreement from banks, including Well Fargo. “We are swimming against the tide—against the institutions of our banks that have a stronghold on how local loans and mortgages are kept at high interest rates, on the ability homeowners have to renegotiate loans, and on how we can improve the actual principal of our loans,” he told the Board of Supervisors, which was met by public applause.

“People don’t feel a sense of urgency about the housing crisis, and we need to convince them,” Avalos told the Guardian. “Overall we’re two years from the Occupy movement that challenged banks, and people have forgotten the feeling of the time where people questioned how much power banks had over the loan modification.”

In San Francisco, focus has indeed shifted toward out-of-control rents, though fallout from the mortgage crisis still persists. Over 300 underwater mortgages are concentrated in San Francisco’s working class communities, 90 percent of which contain predatory features, according to the Mortgage Resolution Partners, a company helping Richmond administer and finance their principal reduction plan.

Although roughly 64 percent of San Francisco residents are renters, some working class community member still own their homes, and some, like Carletta Jackson-Lane—who has lived in District 10 for 27 years and who spoke at this week’s meeting during public comment—feels that the African American community has been hit especially hard by foreclosures.

“Don’t forget that foreclosures are directly related to the outward migration of African American families out of San Francisco,” she said. “The reality is that in the Mission, there’s a different impact because they were mostly renters.

“The other impact in the African American community—especially in District 10—is that they were single family property owners, so when the foreclosure crisis happened, it knocked them out,” she explained. “And that’s multiple generations.”

Avalos sent the resolution back to committee for modification, and he expects a resolution to be voted on in August. “I don’t want San Francisco to be a place where only the wealthy can survive,” Avalos said.  “But in order to make serious changes we have to break a few eggs.”

When asked what those eggs were, he responded, “What currently is.”  

Treasure Island development plans moving forward after lawsuit rejected

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Construction on the first 1,000 of up to 8,000 new homes planned for Treasure Island could begin as soon as next year after the State Appeals Court this week rejected a challenge of the project’s environmental impact report by Citizens for a Sustainable Treasure Island, a grassroots group led by former supervisor Aaron Peskin.

The group challenged the project’s unanimous 2006 approval by the Board of Supervisors after its terms were modified the next year by the developers, Wilson Meany and Lennar Urban, to increase the number of homes and decrease their affordability. The project Peskin helped approve was 6,000 homes, 30 percent of them affordable, but now it’s up to 8,000 homes, 25 percent affordable.

More recently, stories by the Center for Investigative Reporting/Bay Citizen, San Francisco Chronicle, and others have also found evidence of lingering radiological contamination on the island from its days as a US Navy base, something that Peskin told us should raise concerns about the project.

“Obviously, we are disappointed in the court ruling and are very concerned it ignores the now widely reported news that Treasure Island is much more contaminated, by radiologically contamination, than we knew,” Peskin told us. As for whether his group intends to appeal the case to the California Supreme Court, he said, “We are assessing our options.”

Wilson Meany principle Chris Meany didn’t immediately return Guardian calls for comment (we’ll update this post if and when we hear back), but in a press release, he said, “After several years of unnecessary and costly litigation, we can finally begin building more homes for people who want to live in San Francisco.”

In addition to the homes, the project includes up to 500 hotel rooms, 450,000 square feet of retail space, 100,000 square feet of office space, and 300 acres of open space. To compensate for projections that rising seas caused by global warming would inundate the artificial island by the end of the century, its height will be raised substantially, with the EIR noting there will be about 100,000 trucks of landfill coming over the Bay Bridge during construction.

Traffic generated by the project has been a major concern of transportation officials from the beginning. San Francisco Transportation Authority Executive Director Tilly Chang said the challenge was, “How do you keep the Bay Bridge flowing and not muck up traffic?”

The plan calls for expanded bus and shuttle service to Treasure Island, new ferry service from the Ferry Building, and both expensive parking on the island for non-residents and a toll for driving onto the island, most likely set at $5, Chang said. The ferry service is set to launch around when the first phase of housing construction is complete, probably in 2018.

Meanwhile, work has already begun on a project to replace and improve the freeway ramps at adjacent Yerba Buena Island and the bridge that connects them to Treasure Island. SFTA Deputy Director for Capital Projects Lee Sage said the ramps will give much more time for cars to slow down or accelerate as they enter or exit the freeway there.

“It’s going to be very complicated, but we’re on target,” he said, estimating the eastside ramps will be done in 2016 and the westside ones a few years later.

Just last month, the Board of Supervisors approved terms accepting Treasure Island from the US Navy. Later this month  assuming that the issue of radiological contamination doesn’t derail the transfer — the city and project developers are scheduled to pay the Navy $55 million for Treasure Island and complete the deal.

But Peskin’s group and its attorney Keith Wagner, objected to the transfer in a June 25 letter to the Navy, calling for more studies on the substantially increased density of development on the island and more thorough testing and cleanup of contamination.

Wagner wrote, “In summary, the Navy’s 2003 EIS, on its own terms, did not evaluate the true nature of the City’s far more expansive contemporaneous development plans/proposals, let alone the even more expansive development plans that were ultimately devised and approved by the City in 2011; in the decade since the 2003 EIS was finalized, the Navy has developed significant and substantial new information indicating the nature, scope and severity of radiological and hazardous materials across NSTI that could impact the City’s 2011 development plans.”

Elder care facility under pressure not to move forward with evictions

A group of senior citizens, mostly in their 80s and 90s, faces eviction from the University Mound Ladies Home, a San Francisco elder care facility serving residents of modest means that has been in operation for 130 years.

The University Mound Board of Trustees has said the nonprofit organization that runs the home is too far in debt to keep the doors open.

Nevertheless, interim director Bill Brinkman and members of the Board of Trustees have rejected the city’s offer of temporary financial assistance. University Mound has entered into an agreement to sell the facility to Alta Vista School for $5.4 million as a way to pay off its debts, making it clear at a public hearing that it would not reconsider this plan despite the city’s attempts to intervene on behalf of the impacted residents.

At the Board of Supervisors’ Neighborhood Services and Safety Committee today [Thu/10], Sup. David Campos put board treasurer John Sedlander on the spot.

“The city has given you every opportunity to stay open,” Campos said, referencing offers made when his office met with University Mound leadership shortly after the closure was announced. “We are willing to put money on the table, to keep this open temporarily, until we find a long-term viable solution. Are you willing to accept that?”

But Sedlander insisted that this was not a viable option. “We’ve been financing our operations for the past six years … with debt,” he said. “We are unable to make the payroll unless we were to close this facility. … It’s one of those things that’s just a model that doesn’t work.” 

The closure has sparked widespread community concern, in part because it can be very dangerous to force people in frail health to move.

“They’re playing with people’s lives,” Eddie Shine, whose mother is 97 and lives at University Mound, told the Bay Guardian. “A move would be devastating, which is why I’m so passionate about this,” she added.

Speaking during public comment, Anna Stratton said she was concerned that her 87-year-old mother would “feel isolated and alone” after being transferred to a Hayward retirement home. “When we transferred her [to University Mound] she did not eat for seven days,” Stratton explained, noting that this would arise as a concern yet again with the pending move.

In May, residents were issued eviction notices indicating that they would have to move by July 10. That date has since been extended to July 31.

Campos said the city would explore every possible route to prevent University Mound from closing down and evicting the seniors, including the possibility of rezoning the property to be maintained as a retirement home since the benefactors behind the original endowment established that it should function as such. After public comment was over, Campos called Sedlander back to the podium.

“You heard the testimony,” he told the University Mound board treasurer. “You know the city is going to do everything we can to block you” from moving forward with the July 31 eviction. “I am going to give you the option to do the right thing here,” he went on. “Are you prepared to call that deadline null and void?”

Sedlander responded that he was not prepared to rescind the evictions.

The item was continued and will likely come up for discussion again before July 31. “I will fight to do everything I possibly can till hell freezes over to make sure we stop the closure of this facility,” Campos said. “If the city has to fight to make it happen, then the city will fight to make it happen.”

San Jose cracks down on pot clubs after eschewing SF’s regulatory approach

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San Jose’s current (and harsh) crackdown on medical marijuana dispensaries contrasts with San Francisco’s decade-old (and still working well) regulations.

Over the last five years, cannabis club after cannabis club sprouted throughout San Jose while the city’s local government debated, wavered, and faltered over the best way to regulate their pot clubs. But last month, San Jose City Council members, citing an abundance of pot clubs as the cause of a surge of marijuana use in schools, got tough. They voted to enact regulations that would make it too costly for more than 70 of their pot clubs in the city to operate. Only about 10 would survive.

Meanwhile, San Francisco pot clubs rest easy, undisturbed, and untouched — at least by the San Francisco officials who pioneered regulations in the city early on. In fact, the city’s Planning Department has recently recommended expanding the so-called Green Zone where dispensaries are allowed to operate by allowing dispensaries closer to schools.

As it stands, getting a permit to open a dispensary in San Francisco is no easy task. San Francisco regulations mean dispensaries are limited to less than 10 percent of all of San Francisco.

“Because zoning is so limited, the biggest struggle is finding a location,” Shona Gochenaur, director of Axis of Love SF Community Center, told the Guardian. “I’ve known collectives that have searched for over two years for a space correctly zoned. If you get through all those mindfields and to your Planning Commission hearing, it’s smoother. Very few permits have been denied if they survive to that point.”

But San Jose’s proposed regulations take it a step farther: they would limit pot shops to industrial areas that make up roughly 1 percent of San Jose. Plus, under San Jose’s proposal, San Jose’s pot shop owners will have to grow their own cannabis and produce any topicals and edibles in house. For that, they’ll need kitchens, labs, health inspections, and a host of costly equipment. Also unlike San Francisco, no concentrates will be allowed, causing many marijuana patients to suffer from lack of access to the medicine they need.

After San Jose approved the relegations, Santa Clara County Board of Supervisors voted unanimously to enact a temporary moratorium on the establishment of medical marijuana dispensaries in unincorporated Santa Clara County. David Hodges,  a member of the Silicon Cannabis Coalition and owner of the All American Cannabis club, says he has until July 18 to put forth a referendum that would undo San Jose’s vote.

“I want regulations that work,” he said. “We want to remove the language that makes it impossible for dispensaries to operate and to keep everything else.”

The problem, he said, is that San Jose hadn’t enacted regulations soon enough. San Francisco was way ahead of them.

Gochenaur worked on some of San Francisco’s early regulations, recognizing that the feds would step in if cannabis activists didn’t act first.

“[The] San Francisco movement came with the AIDS crisis with city electeds that were both empathetic and personally affected by watching loved one’s suffering, our ZIP code being hit the hardest,” said Gochenaur .“We had the risk takers and the trail blazers willing to open their doors.”

Risk taking for San Francisco included regulating dispensaries in ways the state has since failed to do. Since San Francisco began regulating dispensaries in 2004, anyone wanting to open up a dispensary in San Francisco has had to jump through a series of tough bureaucratic hoops while also garnering neighborhood support.

San Jose, instead, opted for the laissez faire approach, allowing their dispensaries to grow, and then regretting it later.

When San Jose attempted to enact similar regulations back in 2011, Hodges used a referendum to stop the council’s plans. But, once he succeeded in defeating San Jose’s proposal, no new regulations were proposed.

“The cannabis movement in San Jose is back at square one,” Hodges wrote on his website after his referendum succeeded.

John Lee, director of the Silicon Valley Cannabis Coalition, said his organization’s biggest mistake was repealing, rather than revising, San Jose’s proposal 3 years ago. “We just knew that we couldn’t do with what they were proposing,” he said. “We just wanted to stop their relegations. But we had no idea how to regulate this back then. Now we want to.”

Having narrow relegations to begin with leaves San Francisco with room for revision later. For instance, Sup. John Avalos is working with the Planning Commission to help expand the Green Zone by bringing dispensaries 600 feet away from schools rather than 1,000 feet now. On the opposite end of the spectrum, Santa Clara Deputy County Executive Sylvia Gallegos has claimed before that San Jose’s dispensaries, totalling over 90 at the time,  caused a 106 percent increase in drug abuse-related suspensions of students in East San Jose schools in 2011-2012.

“I was smoking pot in high school before I even knew what a cannabis club was,” Hodges said. “Keeping dispensaries away from schools won’t stop that.”

If Hodges referendum fails, he says he’ll leave the cannabis industry for good.

“Right now, this could happen anywhere. There’s no safe place,” he said. “Save for Oakland – kind of. And San Francisco. But they have the territory well-covered in those areas. There’s no need for me there.”

San Francisco dispensaries may have local support, but without statewide regulations, they’re not immune to federal crackdowns, either, as the closures of Vapor Room and HopeNet made clear back in 2012. For years, Assemblymember Tom Ammiano has been trying to create statewide regulatory framework for California to help limit the crackdowns. In May, his most recent bill to address statewide regulation failed to pass the Assembly Floor. Since then, Ammiano has backed a bill from Senator Lou Correa (D-Santa Ana) that would force dispensaries to obtain local approval prior to obtaining state approval.

David Goldman, a former member of the San Francisco Medical Marijuana Task Force, told us, “It’s basically the only sensible approach towards state framework. The US Attorney is less likely to go after states with a strong structure. The tighter the regulations, the less the feds will go after dispensaries.”

For now, cannabis owners in San Jose must focus on their own, local battle to save themselves. As for the San Francisco cannabis owners who’ve passed their bureaucratic tests and received their golden permits, business resumes as usual.

Motorists fight back in “transit-first” San Francisco

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Believing that they’re somehow discriminated against on the streets of San Francisco, a new political coalition of motorists, conservatives, and neighborhood NIMBYs yesterday [Mon/7] turned in nearly twice the signatures they need to qualify the “Restore Transportation Balance in San Francisco” initiative for the November ballot.

It’s a direct attack on the city’s voter-approved “transit-first” policies and efforts to reduce automobile-related pollution and greenhouse gas emissions. It would prevent expanded parking meter enforcement unless requested by a neighborhood petition, freeze parking and permit rates for five years, require representation of motorists on the SFMTA board and create a Motorists Citizens Advisory Committee within the agency, set aside SFMTA funding for more parking lot construction, and call for stronger enforcement of traffic laws against cyclists.  

“With 79 percent of San Francisco households owning or leasing an automobile and nearly 50 percent of San Franciscans who work outside of their homes driving or carpooling to work, it is time for the Mayor, the Supervisors, and the San Francisco Municipal Transportation Agency (SFMTA) Board to restore a balanced transportation policy for all San Franciscans,” the group claims on its petition.

But given that drivers already dominate the space on public roadways, often enjoying free parking on the public streets for their private automobiles, transportation activists say it’s hard to see motorists as some kind of mistreated population.

“The idea that anyone who walks or cycles or takes public transit in San Francisco would agree that these are privileged modes of transportation is rather absurd,” Tom Radulovich, executive director of Livable City and an elected member of the BART board, told the Guardian.

He said this coalition is “co-opting the notion of balance to defend their privilege. They’re saying the city should continue to privilege drivers.”

But with a growing population using a system of roadways that is essentially finite, even such neoliberal groups as SPUR and the San Francisco Chamber of Commerce have long promoted the idea that continued overreliance on automobiles would create a dysfunctional transportation system.

“Prioritization of the single modes of transportation isn’t a matter of ideology, it’s a matter of geometry,” Radulovich said. “We’re all better off, including motorists, if we prioritize other modes of transportation and encourage people to get out of their cars.”

Still, the revanchist approach to transportation policy in San Francisco has been on the rise in recent years, starting with protests against parking management policies in the Mission and Potrero Hill, and continuing this year with Mayor Ed Lee successfully pushing the repeal of charging for parking meters on Sundays.

The coalition behind this ballot measure includes some of the combatants in those battles, including the new Eastern Neighborhoods United Front (ENUF) and old Coalition of San Francisco Neighborhoods. Other supporters include former westside supervisors Quentin Kopp, Tony Hall, and John Molinari, and the city’s Republican and Libertarian party organizations.

Spokespersons for the coalition didn’t return Guardian calls, but we’ll update this post if and when we hear back, and we’ll have a longer analysis of this issue in next week’s Guardian.

But Radulovich said that while conservatives are helping drive this coalition, anger over the city’s transportation policies is more of a throwback to a bygone era than it is based on conservative principles (for example, the SF Park program criticized by the coalition uses market-based pricing to better manage street parking and encourage turnover in high-demand areas).

As he said, “There are certain people who believe in the welfare state, but only for cars and not for humans.”  

San Francisco to provide right to counsel for tenants facing eviction

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OPINION San Francisco is the second most unequal city in the nation. Working and middle-income people and families are being forced to flee the city they love. Between 2010 and 2013, Ellis Act evictions alone increased by 170 percent.

In 2013, a total of 3,662 San Franciscans were served with eviction notices. Over 1,000 of these tenants went to court without lawyers. According to court statistics, 90 percent of landlords hire attorneys, while only 10 percent of tenants have a lawyer. This inequity has made it more difficult for tenants to adequately assert their rights.

To level the playing field, the San Francisco Board of Supervisors Budget and Finance Committee just designated $1 million to fund 10 nonprofit housing attorneys to perform full scope legal services for any tenant facing eviction in San Francisco. We teamed up with tenant rights organizers and attorneys to fight for this budget allocation in order to address San Francisco’s affordability crisis. This funding will ensure that all San Franciscans facing eviction will receive legal assistance if they need it.

Crucial to ensuring economic diversity in this city is protecting our rent-controlled housing stock. Every time a tenant is evicted from his or her apartment, we lose another unit of price-controlled housing that is safe from the current astronomical market rental and sale prices. The board has passed local legislation that helps tenants remain in the city after an eviction, including Sup. Campos’ legislation increasing relocation assistance amounts after an Ellis Act eviction.

However, only the state Legislature has the power to change the law in a manner that would make a large impact on the frequency of evictions. Sadly, last week, Sen. Mark Leno’s bill that would have curbed Ellis Act evictions died in the Assembly Housing Committee. Leno said he will not further pursue the bill this year. Therefore, we must continue to act locally to deal with our housing crisis.

Legal representation for tenants is a crucial part of the fight against displacement. Several academic studies have shown that tenants are five to 10 times more likely to stay in their homes after receiving an eviction notice if they are represented by an attorney throughout the eviction process. Furthermore, having an attorney protects the tenants against abusive practices by landlords.

Tenant advocates report that illegal harassment by landlords is on the rise in an effort to force out tenants without having to resort to the formal eviction process. It is common practice for landlords to attempt to “buy out” tenants by offering a monetary sum to vacate a unit outside of the legal process. Vulnerable tenants, including immigrants and tenants who live in Section 8 housing, are often forced out of their units because they do not understand or assert their rights. Even if the action results in the tenants leaving, an attorney can help tenants avoid having an eviction on their record, which makes it much more difficult for the tenants to rent again.

We are fortunate to have 14 excellent nonprofit organizations in San Francisco that provide no- or low-cost legal services to tenants. However, these organizations have been woefully underfunded and do not have sufficient staff to address this housing crisis. The budget allocation of $1 million to fund 10 additional tenant attorneys will have a profound impact on San Francisco’s housing crisis. It will also make San Francisco one of the first cities in the country to provide a right to legal assistance to tenants facing eviction. Just as the Constitution allows an attorney for a person accused of a crime, a person threatened with the loss of his or her home should have legal assistance. San Francisco can and should lead the way when it comes to providing legal assistance to those tenants who need it.

Public Defender Jeff Adachi and Supervisor David Campos are elected officials in San Francisco.

Taxing speculators

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steve@sfbg.com

Political tensions over evictions, displacement, real estate speculation, and rapidly rising housing costs in San Francisco are likely to heat up through the summer and autumn as a trio of November ballot measures are debated and combated by what’s expected to be a flood of campaign cash from developers and other real estate interests.

Topping the list is a tax measure to discourage the flipping of properties by real estate speculators. Known generally as the anti-speculation tax — something then-Sup. Harvey Milk was working on at the time of his assassination in 1978 — it was the leading goal to come out of a citywide series of tenant conventions at the beginning of this year (see “Staying power,” 2/11/14).

“To be in a position to pass the last thing Harvey Milk worked on is a profound opportunity,” AIDS Housing Alliance head Brian Basinger told us, arguing the measure is more important now then ever.

The measure has been placed on the ballot by Sups. John Avalos, David Campos, Jane Kim, and Eric Mar and is scheduled for a public hearing before the Board of Supervisors Rules Committee on July 10 at 2pm.

“It’s an absolutely key issue for San Francisco right now. Passing this measure will create a seismic shift in what we’re seeing with evictions and displacement in the city,” Sara Shortt, director of the Housing Rights Committee, told the Guardian.

The measure creates a supplemental surcharge on top of the city’s existing real estate transfer tax, a progressive rate ranging from a 24 percent tax on the sale of a property within one year of its purchase to 14 percent if sold between four and five years later.

In addition to levying the tax, the measure would also give the Board of Supervisors the power to waive that tax “subject to certain affordability-based restrictions on the occupancy of the real property,” giving the city leverage to expand and preserve deed-restricted affordable housing.

Meanwhile, there’s been a flurry of backroom negotiations surrounding the City Housing Balance Requirement measure sponsored by Sup. Jane Kim, which would require market rate housing projects to get a conditional use permit and be subjected to greater scrutiny when affordable housing falls below 30 percent of total housing construction (with a number exemptions, including projects with fewer than 24 units).

That measure is scheduled for a hearing by the Rules Committee on July 24 and, as an amendment to the City Charter, it needs six votes by the Board of Supervisors to make the ballot (the anti-speculation tax is an initiative that requires only the four supervisorial signatures that it now has).

Mayor Ed Lee and his allies in the development community responded to Kim’s measure by quickly cobbling together a rival initiative, Build Housing Now, which restates existing housing goals Lee announced during his State of the City speech in January and includes a poison pill that would invalidate Kim’s housing balance measure.

Together, the measures will draw key battle lines in what has become the defining political question in San Francisco these days: Who gets to live here?

 

COMBATING SPECULATORS

In February, Mayor Lee and his allies in the tech world, most notably venture capitalist Ron Conway, finally joined housing and other progressive activists in decrying the role that real estate speculators have played in the city’s current eviction and displacement crisis.

“We have some of the best tenant protections in the country, but unchecked real estate speculation threatens too many of our residents,” Lee said in a Feb. 24 press release announcing his support for Sen. Mark Leno’s Ellis Act reform measure SB 1439. “These speculators are turning a quick profit at the expense of long time tenants and do nothing to add needed housing in our City.”

The legislation, which would have prevented property owners from evicting tenants using the Ellis Act for at least five years, failed in the Legislature last month. So will Lee honor his own rhetoric and support the anti-speculation tax? His Communications Director Christine Falvey said Lee hasn’t yet taken a position on the measure, but “the mayor remains very concerned about real estate speculators.”

Peter Cohen of the Council of Community Housing Organization said Lee and his allies should support the measure: “It seems so clearly aligned with the same intent and some of the same mechanics as Ellis Act reform, which had the whole city family behind it.”

“I think it would be very consistent with their position on Ellis Act reform to support the anti-speculation tax,” Shortt told us. “If the mayor and tech companies went to bat for the anti-speculation tax, and not against it, that would show they have real concern about displacement and aren’t just giving it lip service.”

Conway’s pro-tech group sf.citi didn’t returned Guardian calls on the issue, nor did San Francisco Planning and Urban Research Association, but their allies in the real estate industry strongly oppose it.

“As Realtors, our goals are to increase housing availability and improve housing affordability,” San Francisco Association of Realtors CEO Walk Baczkowski told the Guardian. “We don’t believe the proposal from Sup. Mar, which is essentially a tax on housing, will accomplish either of those goals.”

But supporters of the measure say real estate speculation only serves to drive up housing costs.

“We have been successful at bringing people around on the issue of real estate speculation,” Basinger told us. “But of course, there will be financed opposition. People will invest their money to protect their interests.”

“We know it’s going to be a fight and we’ll have to put in a lot of resources,” Shortt said, adding that it’s a fight that tenant activist want to have. “Part of what fuels all of this [displacement] is the rampant real estate speculation. We can’t put profits above people.”

 

MAYOR’S MEASURE

Falvey denies that Lee’s proposal is designed simply to negate Kim’s measure: “Build Housing Now specifically asks the voters to adopt as official city policy the Mayor’s Housing Plan to create 30,000 new homes by 2020 — the majority within reach of low, moderate, and middle income residents. This is not a reaction, but a proactive measure that lets voters weigh in on one of the mayor’s most important policy priorities.”

Yet the most concrete thing it would do is sabotage the housing balance measure, an intention it states in its opening words: “Ordinance amending the Planning Code to prohibit additional land use requirements such as conditional use authorizations, variances or other requirements on housing projects…based on a cumulative housing balance ratio or other similar criteria related to achieving a certain ration of affordability.”

Beyond that, it would have voters validate Lee’s housing goal and “urge the Mayor to develop by December 31, 2014 a Housing Action Plan to realize this goal.” The measure is filled with that sort of vague and unenforceable language, most of it designed to coax voters into thinking it does more than it would actually do. For example, it expands Lee’s stated goal of 30 percent of that new housing being affordable by setting a goal of “over 50 percent within reach of low and middle income households.”

But unlike most city housing policies that use the affordable housing threshold of those earning 120 percent of area median income (AMI) and below, Lee’s measure eschews that definition, allowing him and his developer allies to later define “middle income households” however they choose. Falvey told us “he means the households in the 50-150 percent of AMI range.”

The measure would also study the central premise of Mayor Lee’s housing policy, the idea that building more market rate housing would bring down the overall price of housing for everyone, a trickle-down economic argument refuted by many affordable housing advocates who say the San Francisco housing market just doesn’t work that way because of insatiable and inelastic demand.

“Within 60 days of the effective date of this measure, the Planning Department is directed and authorized to undertake an economic nexus analysis to analyze the impact of luxury development on the demand for middle income housing in the City, and explore fees or other revenue sources that could help mitigate this impact,” the measure states.

Shortt thinks the mayor’s measure is deceptive: “It’s clever because for those not in the know, it looks like a different way to solve the problem.” But she said the housing balance measure works well with the anti-speculation tax because “one way to keep that balance is to make sure we don’t lose existing rental stock.”

And advocates say the anti-speculation tax is the best tool out there for preserving the rental housing relied on by nearly two-thirds of city residents.

“It’s the best measure we have going now,” Basinger said of the anti-displacement tax. “Mayor Ed Lee and his tech supporters were unable to rally enough support at the state level to reform the Ellis Act, so this is it, folks.”

Recycle-pocalypse

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Joe@sfbg.com

Red explosions and yellow starbursts lit the sky, accompanied by the requisite oohs and aahs.

San Franciscans sat by the beach at Aquatic Park celebrating our nation’s independence, eyes fixed upwards. But all around them, a team of independent scavengers, mostly ignored, methodically combed the wharf, plucking cans and bottles from the ground and overflowing trash bins.

Often derided as thieves or parasites, these workers are cogs in a grand machine instituted by California’s Bottle Bill in 1986, forming a recycling redemption economy meant to spur environmentalism with market principles.

The concept is simple. Taxpayers pay an extra five cents when they buy a can or bottle, and may redeem that nickel by trading the used can or bottle in at a recycling center. Thus, more recycling is spurred.

But now a wave of recycling center evictions is causing San Francisco’s grassroots recycling economy to crumble, and newly released numbers reveal just how much stands to be lost by the trend.

San Franciscan recyclers may miss out on millions of dollars in redemption, local mom-and-pop stores could wind up on the hook for millions of dollars in state fees, and neighborhoods stand to be besieged by recyclers flocking to the few remaining recycling centers.

Recycling activists and local businesses are pushing for change, but NIMBY interests are pushing for more of the same.

 

SOLUTION IS THE PROBLEM

San Francisco Community Recyclers is on the parking lot of Safeway’s Church and Market location, and after months of legal entanglement, the recycling center’s eviction draws near. Still, SFCR is making a show of resistance.

The San Francisco Sheriff’s Department is set to evict the recycling center within a week or so, as the rebel recyclers have so far refused to vacate voluntarily.

Sup. Scott Wiener says he’ll be glad to see them gone.

“This recycling center caused enormous problems in our neighborhood,” he told the Guardian. This particular Safeway lies within the boundaries of his district, and Wiener says his constituents complain the recycling centers draw too many unruly patrons, who are often homeless.

“There is problem behavior around the center in terms of camping and harassing behavior, defecation, urination in a much more concentrated way,” he said.

This animation shows the areas around San Francisco where recycling centers remain, which are often overburdened with customers as other centers close. The red zones indicate areas where supermarkets are mandated by state law to host recycling centers, but have chosen to pay fees instead.

But others say the not-in-my-backyard evictions only serve to create a ripple effect. The catalyst is a story we’ve reported on before: As well-heeled Golden Gate Park neighbors complained of homeless recycling patrons and waged a successful campaign to shutter the Haight Ashbury Recycling Center two years ago, the clientele adjusted by flocking to the Church and Market recycling center. New numbers illustrate this outcome.

Susan Collins is the president of the Container Recycling Institute, a nonprofit that conducts analysis on recycling data. On average nationwide, Collins said, one recycling center serves about 2,000 people.

But since 2012 the number of recycling centers in San Francisco has been reduced from 21 to 7, causing Church and Market’s service population to boom closer to 40,000, a difference that has more to do with the closures than the density of the area. Data from CalRecycle shows almost half of the city’s populace lacks a recycling center within close proximity, forcing patrons to overwhelm the few remaining centers.

“This makes it a chicken and egg process,” Collins told us. “For people to have the perception that the site is attracting so many people, they have to realize it’s because there are so few sites to begin with.”

Late last month, Assemblymember Tom Ammiano wrote to Safeway Chief Executive Officer Robert L. Edwards, urging the grocery chain to reverse its decision to evict San Francisco Community Recyclers from the Church and Market Safeway.

“Safeway has such a long history of supporting sustainability efforts,” Ammiano wrote, “and I truly believe that it can do so again.” Safeway, however, has other concerns.

“As curbside recycling has increased in San Francisco and around the state,” Safeway Director of Public Affairs Keith Turner wrote to Ammiano, “Safeway’s focus on recycling has evolved as well.”

Safeway is now also flouting local and state laws to throw recyclers off its back. CalRecycle, the state’s recycling agency, performed an inspection in April of the Diamond Heights Safeway. It found that the grocer failed to accept recyclables and offer state guaranteed redemption, despite signing an affidavit with CalRecycle pledging to do just that. CalRecycle cited that location and two other San Francisco Safeways for noncompliance with the bottle bill.

And that’s just the violations CalRecycle has documented so far. Ed Dunn, owner and operator of San Francisco Community Recyclers, has initiated his own investigation into Safeway statewide, filing complaints with CalRecycle alleging that as many as 75 Safeway stores aren’t following the mandates of their affidavits and offering redemption for recyclables.

On the other side of the fence, Safeway and other recycling-center critics (such as Chronicle columnist C.W. Nevius) are essentially saying, who cares? Don’t we all just use blue bins nowadays?

The short answer: Nope.

 

MAKING GREEN, GOING GREEN

“Why do we need recycling centers if we have curbside recycling?” Sup. Eric Mar asked the deputy director of recycling at CalRecycle, point blank.

Jose Ortiz responded in less than a beat. “While some communities think curbside operations ensure the state’s goals of collecting [recyclables], the reality is that 90 percent of recycling volume is collected through recycling centers, not curbside programs,” he said from the podium.

That number came as a shock to many at the Board of Supervisors Neighborhood Services and Safety Committee June 19, including Sups. Mar, David Campos, and Norman Yee. Only 8 percent of recycling statewide comes through blue bins, CalRecyle confirmed to the Guardian.

Nor is that limited to California: Data from the Container Recycling Institute shows that the 10 states with recycling redemption laws produce such a high rate of return that they account for 46 percent of the nation’s recycling. And since California Redemption Value recycling is pre-sorted, experts note, the bottles are often recycled whole (as opposed to broken) which can be used for higher-grade recycling purposes.

So for the city with a mandated goal of zero waste by 2020, the case for keeping recycling centers open is an environmental one. It’s also fiscal.

San Franciscans make $18 million a year selling back recyclables, Ortiz said, most of which went directly into the pockets of recyclers. Those scavengers at the Fourth of July festivities may have only collected five cents per can, but that’s enough to buoy the income of many poor San Franciscans.

At the recycling hearing, David Mangan approached the podium to speak. His red hat was clean and his grey sweatshirt was ironed, but his face was worn with worry-lines and creases.

“I can’t walk more than about eight blocks at a time, and I’m unemployable because of my disabilities,” he told the committee. Recycling centers are a lifeline, he added. “I need this job, I’m on a limited income. I need the help they offer. I need them to stay open, please.”

Critics say some poor and homeless depend on a black market of recycling truck drivers who trade drugs for cans and bottles, then turn to recycling centers to make a profit. But those at the hearing said the extinction of recycling centers actually helps the mobile, black market recycling fleets bloom, as motorists have an easier time shuttling recyclables across the city.

So recyclers are increasingly forced to rely on these so-called “mosquito fleets” for far-flung trips to cash in their bottles.

 

SMALL BUSINESS BUST

Meanwhile, recycling center evictions are becoming a source of anxiety within the small business community.

State law establishes a half-mile radius called a “convenience zone” around any supermarket that annually makes more than $2 million. The supermarket is mandated to provide recycling on-site, accept recyclables in-store, or opt to pay a $100 a day fee.

With the eviction of SFCR from Church and Market, Safeway may opt to pay the fee. But that gap would leave surrounding businesses inside that convenience zone with the same options: accept recyclables in-store or pay $36,000 a year.

Miriam Zouzounis of the Arab-American Grocer Association said those options are daunting for liquor stores and mom-and-pop grocers.

“We just don’t have the space for [recycling],” she said at the hearing. If SFCR were to close, the total of small businesses shouldering the burden of state recycling fees would jump from 100 to more than 360, said Regina Dick-Endrizzi, director of the city’s Office of Small Business.

All told, San Francisco small businesses would be made to send $12.96 million in annual fees to California coffers because a few supermarkets didn’t want to handle recyclables. Mar is now calling upon all involved to step up and solve this glaring problem.

 

SOLUTIONS ON THE WAY

This week the Board of Supervisors is tentatively set to vote on a moratorium of recycling center evictions, introduced by Mar on June 24. The pause would give Mar time to form a work group with those involved: Department of the Environment, Department of Public Works, CalRecycle, local supermarkets, grocers, the Coalition on Homelessness, and others to come together to form a compromise solution.

Department of the Environment proposed a mobile recycling center, which Wiener called an equitable solution that would help distribute recycling responsibility evenly across the city. While that agency did not provide a timeline on the creation of a mobile recycling center before our deadline, it’s been in the works since 2012, when then-District 5 Sup. Christina Olague said it was the answer to the Haight Ashbury Recycling Center’s closure.

It’s been a long wait for a solution. And in the meantime, many more stand to lose.