Supervisors

Newsom to clubs: Curb it!

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Bad partiers! Go to your room!

Today our former pAArtying mayor (bitter?), himself a nightlife magnate, proposed some rather sketchy “Nightlife Reform Legislation” aimed at, he says, curbing all the violence going on in the vicinity of clubs. Because nightclubs are really the ground zero of violence in this city, of course.

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The only violence we see here is the muffin top on the right.

The proposed legislation will now go to the Board of Supervisors for approval, was co-sponsored by Supervisor Sophie Maxwell (in whose district a recent shooting at Jelly’s occurred), and was announced this afternoon by Newsom alongside Police Chief Heather Fong, members of the Entertainment Commission and local nightclub owners and promoters. We’re all for stopping the violence, but we’re also all for being able to throw a party free of governmental intrusion — hey, we’re nightlife libertarians! — and price tags in the thousands, both of which may be incurred by the below. Send an email to your supervisor now in protest — this legislation could wipe out a ton of independently produced parties, folks.

****It will be illegal, between the hours of 9pm-3am, to loiter within 10 feet of any nightclub (no word yet on bars). People waiting for the bus are excluded. What about people waiting for taxis? Or talking on the phone? And better drag on those smokes pretty quick! And hey, bangers, you’ll just have to shoot each other in the parking lot across the street, k? Update: according to SF Gate, people waiting for taxis and smoking will also be exempted

****Promoters will be held directly responsible for any incidents that happen at nightclubs they’re throwing parties at (Is that why local nightclub owners are excited about it?)

****The legislation proposes that ALL promoters who throw more than two parties a year obtain permits (wonder how much those will cost — and if the “promoters” in on the talks were high rollers looking for an easy way to quash competition?)

****All afterhours nightclubs will have to create “security plans” to be approved by the Executive Director of the Entertainment Commission (again, no word on what the cost will be).

We’ll clear up some of the details above and follow the story here. Full proposed legislation press release after the jump.

Beyond beds

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› news@sfbg.com

What do army barracks, prisons, hospitals, and dog pounds have in common? They all have minimum and legally enforceable standards of care, something absent in San Francisco’s homeless shelters. Legislation to fix that problem now appears to be shaping up as the latest political skirmish pitting fiscally conservative Mayor Gavin Newsom against progressives on the Board of Supervisors.

The Board of Supervisors’ Budget and Finance Committee met Feb. 20 to hear testimony and discuss proposed legislation that seeks to impose basic requirements on city-funded shelters, improve complaint procedures, and allow fines for noncompliance (see "Setting Standards," 1/30/07).

Prior to the hearing, dozens of activists, city officials, and homeless people rallied on the steps of City Hall in support of the legislation, holding colorfully painted signs with references to some of the proposed requirements, including "nutritious meals," "clean sheets," and "8-hour-a-day sleep."

Marlon Mendieta, program director at the Dolores Street shelter, took to the podium to make his case for supporting the legislation: "It may seem strange that a service provider would be here to support legislation that will cost money and more time and more work — it’s easy though. It’s an issue of human rights."

The scene was just as lively inside as demonstrators and officials packed the board’s chambers. The committee — composed of Sups. Aaron Peskin, Bevan Dufty, and Tom Ammiano (sponsor of the ordinance) — took testimony, almost all of it urging the committee to pass the legislation on to the full Board of Supervisors for approval.

Dariush Kayhan, who has been on the job for six weeks as the mayor’s appointed homeless policy director, gave the only testimony urging the committee not to pass the legislation.

"This is the part where we have some concerns, the fiscal part," Kayhan said. "Give us more time, maybe we can plow some of these items — the ones we can agree on — into the existing contracts," he said, referring to the contracts awarded to nonprofit organizations who manage the city’s shelters.

While the city’s contracts with shelter providers do spell out many standards, a recent Guardian investigation (see "Shelter Shuffle," 2/12/08) and work by the Shelter Monitoring Committee, which developed the recommendations embodied in Ammiano’s legislation, found they are often ignored with no consequences. The Guardian also found that people are being turned away from the shelters every night despite vacancies.

Mayor Gavin Newsom, in a letter to supervisors obtained by the Guardian, voiced his concern with the fiscal impact of the legislation, citing a $2.4 million price tag, the high end of costs developed by the Budget Analyst’s Office, which said the legislation could cost $1.7 million or even less. Advocates of the legislation are confident they can bring its price down.

The $2.4 million estimate assumes a new security guard will be hired at each shelter to meet safety requirements. The legislation does not specifically mandate new personnel and many argue increased staff training and facility improvements could provide cheaper alternatives.

The Shelter Monitoring Committee, composed of mayoral and board appointees, estimates the cost will be closer to $1 million, which amounts to less than half of 1 percent of the city’s total projected deficit of $225 million.

"This is an investment in a population that has not been invested in in a long time," committee chair Quintin Mecke said at the hearing. "I don’t think there is any reason to wait to make sure people have access to toilet paper, have access to clean conditions, have access to ADA [Americans with Disabilities Act] -compatible beds."

At Ammiano’s request, the committee decided to postpone the vote for two more weeks to try to work out differences with the Mayor’s Office, and set the next hearing for March 5. If the supervisors proceed without Newsom’s support and he ends up vetoing the legislation, it would take the vote of eight supervisors to override and implement the standards anyway.

Newsom and the board have been at odds over homelessness and other budget priorities. Buster’s Place, the city’s only 24-hour drop-in shelter, is now caught in the middle of the political tug-of-war between budget cuts and shelter improvements. There is a provision within the standards of care legislation that mandates a 24-hour emergency drop-in center. At the time it was drafted, Buster’s Place filled this requirement.

However, due to the timing of the midyear budget cuts ordered by Newsom, the Department of Public Health cut off funding for Buster’s, effectively closing the center at the end of March (see "No Shelter from the Budget Storm," 2/20/08). It is now unclear how the requirement will be met if the legislation passes.

"We’re tired of having centers like Buster’s Place on the chopping block," Mecke told the Guardian. "It’s ludicrous to keep going in this cycle over and over again." Buster’s was slated to close six months ago but was rescued by a Board of Supervisors’ budget add-back, and a year before that, McMillan’s (another 24-hour center) was forced shut its doors.

The ordinance seems to challenge Newsom’s recent efforts to whittle back shelter services. It would allocate more funds to a department Newsom is trying to cut and assure the existence of an emergency 24-hour center, a clear departure from Newsom’s recent announcement that he wants to ultimately "get San Francisco out of the shelter business."

The most controversial requirement within the standards of care legislation seems to be its enforcement mechanism, calling for fines of $2,500 levied against the nonprofit service providers for noncompliance. While Kayhan voiced reservations about creating new staff positions to carry out enforcement, the SMC has insisted the fines are crucial and will only be used as a last resort.

"In 2004, the supervisors [created the] Shelter Monitoring Committee because contract compliance was not working," Mecke said. "If there are policies in theory, they should be legalized and should become mandates and be enforced."

Barbra Wismer, the medical director of Tom Waddell’s clinic, which frequently serves homeless men and women, urged attendees at the budget meeting to put politics aside and remember the importance of shelter standards, not just for the current homeless population, but for all San Francisco residents.

"If there was a natural disaster like an earthquake, or a fiscal disaster like increased foreclosures, and 1 to 2 percent of people — 14,000 in San Francisco — had to be put in emergency shelters," Wismer said, "we do not have any standards to protect them."

Newsom’s woman problem

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OPINION Be nice, wait your turn, pay your dues, your time will come.

This is the “guidance” given to women in politics, and many of us have bided our time and paid our share of dues. But what happens when our time comes, and we speak out for what we believe in? We are called pushy, mean, controlling, or cold. And worse — we are stripped of our positions.

In the last month, four of the most respected women in city government have been removed from their posts:

Susan Leal is considered one of city government’s best managers and was leading the city toward a future of sustainable energy usage. According to the Chronicle, she was fired from her position as director of the San Francisco Public Utilities Commission because the Mayor did not consider her to be a “team player,” and because it appeared that Leal was readying herself for another run for Mayor in 2011.

Leah Shahum is a fearless bike advocate and Executive Director of the San Francisco Bicycle Coalition. She was removed from the city’s Municipal Transportation Agency for being an outspoken critic of the city’s inaction on promoting alternative forms of transportation.

Roma Guy is a fierce advocate for women’s health, a former lecturer in San Francisco State University’s health education department and a longtime progressive activist. She was removed from the city’s Health Commission without explanation.

Debra Walker is the only woman on the city’s powerful Building Inspection Commission, a longtime affordable housing activist, and a fighter for reform and transparency in the Department of Building Inspection (a male-dominated department in a male-dominated field). Walker lost her leadership position on the commission after she was targeted by the mayor’s office for openly disagreeing with his positions.

We can’t allow these affronts to go unnoticed and we can’t afford to lose more good women in poweror let the few that remain be silenced into inaction. It is time for women to stand behind our sisters who work hard every day to represent us in government, many on a volunteer basis, while also pursuing full time careers and caring for their families.

The National Women’s Political Caucus and the San Francisco Women’s Political Committee are working to increase the number of women in positions of influence in city government. In September of last year, 47 elected officials and other community leaders from the San Francisco women’s community came together for a Women’s Policy Summit where the participants agreed that our top priority is to promote more women to positions of influence in government.

Even though women comprise 51 percent of the voting population, we hold only 16 percent of the seats in Congress, 23 percent of state legislative seats nationwide, and 27 percent of the seats on the San Francisco Board of Supervisors. Only one elected executive office in San Francisco — district attorney — is held by a woman.

San Francisco must do more to promote women to leadership positions. We must also call on the mayor to appoint women to positions of influence in city government and demand an explanation when he removes qualified women from their posts without good cause. The time for patience and waiting our turn has passed. *

Alix Rosenthal, Amy Moy and Micha Liberty

Alix Rosenthal is the founder of the San Francisco Women’s Policy Summit. Amy Moy is president of the San Francisco Women’s Political Committee. Micha Liberty is president of the National Women’s Political Caucus (SF chapter).

 

Where to now, SFPUC?

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› sarah@sfbg.com

Months after Mayor Gavin Newsom announced his intention to get rid of San Francisco Public Utilities Commission general manager Susan Leal, his appointees on the SFPUC board finally made if official on Feb. 20.

But the reasons for the previously unexplained move that have finally started coming from Newsom and his surrogates have only added to the confusion and concern over why Leal got canned and whether Newsom has compromised this important agency’s work for political reasons.

Leal was terminated without cause and is thus entitled to the $400,000 severance package from the contract Newsom used to convince her to move from city treasurer to SFPUC chief in 2004. Nonetheless, in the days leading up to the Feb. 20 hearing, the Mayor’s Office made a series of unsubstantiated allegations, including the claim that Leal botched negotiations with JPower over combustion turbines in Potrero Hill, that she was too much of a political animal and not enough of a team player, and that she didn’t focus enough on Newsom’s environmental initiatives like tidal power.

At first, Leal tried to handle her termination gracefully: for example, she told the Guardian that tidal power "is really expensive, doesn’t generate much power, and is a difficult process to get approved, environmentally speaking."

But then Newsom told reporters that city officials had discussed terminating Leal for cause, so that the SFPUC could avoid paying her severance, but eventually decided against it to avoid potentially expensive litigation costs. At that point, with the implication that she had done something wrong, Leal’s gloves came off.

"I really wanted to go out on the high road," Leal told us after Newsom’s latest allegations hit. "It’s unfortunate that the Mayor had to resort to 11th hour innuendo to try and justify what he did."

Leal notes that city officials never undertook a performance evaluation of Leal or the SFPUC, which would usually form the basis for an expensive effort to remove a high-profile public official. So why did Newsom really dump Leal?

Was it her creation of public power projects that earned her the scorn of Pacific Gas and Electric Co.? Was it her environmental initiatives, ranging from a biofuels program to a ban on bottled water, which seemed to show up Newsom? Was it the fact that she was a strong and independent woman in a male-dominated political landscape?

One clue can be found during the agency’s Nov. 14, 2007, meeting — just before Newsom announced he wanted Leal gone — in which SFPUC president Dick Sklar ripped into Barbara Hale, the assistant general manager for power, after she made a presentation on the agency’s long-term energy goals.

Sklar objected to Hale’s presentation, claiming, "It implied adoption of principles stating that the SFPUC was going to be in the public power business and take over public power generation in the city, making statement of principles totally inconsistent with anything the commission had adopted."

Equally disturbing to staff was the abusive way Sklar delivered his message.

"It was very painful," Leal told us. "It got so bad I had to intervene. I’m not going to allow my staff to be yelled at."

At issue was the agency’s plan to underground gas lines in Bernal Heights and extend its transmission lines, which Leal described as "a gimme. We have the easement all up the peninsula."

Beyond her openly pro–public power stance, Leal speculated that her friendly working relationship with the Board of Supervisors, including board president Aaron Peskin and Sups. Bevan Dufty and Sophie Maxwell, tweaked the mayor, who at times has seemed to have a personal vendetta against his former board colleagues.

"Maybe the mayor thinks that I’m too close with them. But we did more than just talk about climate change. We actually addressed it," said Leal, who convened a world-renowned climate change conference in San Francisco last year — on the same day Newsom was confronted by his then campaign manager Alex Tourk about the affair Newsom had with Tourk’s wife, Newsom’s commission appointments secretary Ruby Rippey-Tourk.

"Why am I fighting back, not going quietly?" said Leal, whose removal is effective March 21. "Because this is too big not to. I actually really like this job and will be going in to work for the next 30 days."

Addressing allegations that she mismanaged the JPower negotiations, Leal explained that PUC staff drew up a term sheet with JPower and presented it to the commission’s governing body. And it was at that point, said Leal, "that Commissioner Sklar popped off," claiming that the contract’s terms were terrible and should be renegotiated.

In the end, all five commissioners approved a description of the contemplated transaction with JPower, including a brief description of Sklar’s preferred alternative, which, as it turned out, had problems of its own.

"So, there never was a deal," Leal told us. "JPower was pushing the city to pay more money up front because it knows PG&E will do everything it can to make the implementation of JPower’s contract tough, and the city was pushing to pay the money later and so reduce its own risks."

Today, the PUC continues to work with JPower on a contract that has taken years to formulate and that, Leal notes, will ultimately allow the city to own the plant.

"So, if we want to shut it down, or run it on alternative fuel, we’ll have control," Leal told us. "My goal was to make the PUC as viable and green as possible."

She believes Sklar didn’t turn against her leadership until she started to push things that infringed on PG&E’s monopoly. "Did PG&E get me fired? If I was PG&E, I’d want me fired," Leal said.

Maxwell is a strong advocate of the Newark-to–San Francisco transmission line Leal sought, not just because it would help reduce environmental burdens in Maxwell’s heavily polluted southeast district but also because it would give the entire City more ability to bring in cleaner power.

"We could do large-scale solar in the Central Valley, as well as wind and geothermal energy. It would allow us to hook renewable power into statewide grid," Leal said, noting that the link would also allow the city to import the electricity it generates at Hetch Hetchy without using PG&E’s expensive lines.

Leal noted that under her leadership, the PUC tripled the city’s municipal solar generation. "But we don’t control residential solar. PG&E does," she said, noting the city is lagging at getting solar panels on homes but leading at doing in on public buildings. "It’s too bad PG&E couldn’t have made it easier for people."

Maxwell says she’ll miss Leal.

"I don’t think we’re going to be better off without her," Maxwell told us. "Susan is independent, a straight shooter, a grown up woman trying to make a difference and listening to all sides. She knew we had to be involved regionally. She also understood we have to have relationships with both sides of the hall."

Convinced that PG&E had something to do with Leal’s demise, Maxwell also believes the stinky sewage digesters, which sit down the road from her own house, need to be removed, not retrofitted, as Sklar recently advocated.

"The digesters need to go," Maxwell told the Guardian. "No other place in the nation, to my knowledge, has digesters within 25 feet of people’s homes."

Noting that Controller Ed Harrington, whom Newsom has nominated as the next general manager of the PUC, has a financial background, Maxwell says the question of what to do with the digesters should not be about money.

"We need to do the best we can for people, in the most economic and financially prudent was possible, but people must come first, "Maxwell told us.

Maxwell said these recent power struggles at the PUC convinced her to join seven other Supervisors in placing a charter amendment on the June ballot that will make it easier for supervisors to block mayoral appointees to the agency and will also require that PUC nominees have appropriate awareness and skills.

With a proposed $4.3 billion program in the works to upgrade the aging Hetch Hetchy system, which provides water to 2.4 million Bay Area residents, will the newly nominated Harrington be able to address water conservation, efficiency and recycling, without causing further harm to the Tuolumne River — all while dealing with battles over public power and wastewater concerns?

Noting that he began his City Hall career as Assistant General Manager for Finance at the PUC, a position he held for seven years before becoming City Controller 17 years ago, Harrington told us, "This is not the perfect way to walk into a position. Susan and I are old friends, she’s been very gracious, and has made it known that I had nothing to do with her removal. And I’m trying to be gracious. There’s no need to criticize her."

Leal, who calls Harrington a friend, said she believes Harrington "will push a little bit, but how much independence he can take and preserve remains the question."

Neither Sklar nor representatives from the Mayor’s Office returned calls from the Guardian. But Sup. Chris Daly, who saved Sklar’s neck by leaving the board one vote short of the supermajority required to reject a PUC mayoral appointee, told us, "I don’t think Sklar is Newsom’s tool. He’s bigger than that. If I thought he was not independent from PG&E, I wouldn’t have voted from him."

In fact, he said perceived lack of PG&E independence was why he joined seven other supervisors in voting against reappointing Ryan Brooks, who Newsom then nominated to the Planning Commission on the same day Leal was fired.

Building green in SF

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› news@sfbg.com

GREEN CITY Wind turbines and solar panels may soon sprout on San Francisco rooftops as the city considers rival plans to implement mandatory green design standards for new residential and commercial buildings.

One ordinance proposed by Mayor Gavin Newsom’s Green Building Task Force would require new commercial construction of more than 5,000 square feet, residential buildings above 75 feet, and renovations to buildings of more than 25,000 square feet to be Leadership in Energy and Environmental Design (LEED) Gold certified by 2012, the second-highest designation.

The U.S. Green Building Council developed the point-based LEED system based on numerous green factors. The lowest green standard is LEED Certified, followed by Silver, Gold, and Putf8um. The new Academy of Sciences building, with the country’s largest living roof, is LEED Putf8um.

Newsom’s legislation would start off by mandating requiring only the lowest standard, LEED Certified, which requires 26 points, and gradually move to LEED Gold by 2012. But Board of Supervisors president Aaron Peskin has introduced an ordinance that would require the same buildings to immediately earn LEED Gold certification.

According to the LEED system, most existing buildings already have between 18 to 22 points, so Newsom’s proposed goal should be fairly easily attainable. A bike rack outside a building qualifies for 1 point. Proximity to mass transit gains another point, and Muni runs within two blocks of 90 percent of all San Francisco residences, according to the Municipal Transportation Agency.

At a green building standards workshop Feb. 20 at the San Francisco Green Party’s office, about 20 people voiced their concerns with the ordinances in front of three city commissioners.

"We need to correct the language to include all buildings," said panelist Patricia Gerber, a member of the city’s Peak Oil Preparedness Task Force. The San Francisco Office of Economic Analysis last year concluded both proposed ordinances would impact only 38 percent of the construction industry. "We should look to Europe for inspiration," Gerber recommended. "They have much stricter standards."

Some European nations started mandatory green construction in the mid-’90s, but critics say the United States has lagged.

"There are no minimum requirements on windows, insulation, and leaks," Gerber told the Guardian, describing the proposed ordinances. "LEED is a joke."

But Mark Westlund, spokesman for the Department of the Environment, defended Newsom’s longer LEED certification timeline. "We want to develop a green building plan that business can work with," he told us.

The Green Building Task Force claims that businesses need time to adjust to the higher costs associated with green materials, such as EnergyStar windows, can reduce heating costs by 30 to 40 percent. "They’re expensive because they’re used on a small scale. The minute they require it, it will become cheaper," John Rizzo, Green Party member and City College Trustee, told the audience. "It would be great if this could be done on a statewide level."

Panelists noted that green buildings save money in energy costs over the long run. Another criticism raised at the workshop was the Newsom plan’s loopholes. "Even if a project is approved green, it might not end up green," Gerber told us. If a construction company runs out of money for example, it can ask the planning director to waive LEED certification.

In addition, the event attendees questioned the credibility of the mayor’s Green Building Task Force, which does not include any environmentalists. Rather, it is composed of developers, financiers, architects, and engineers.

"We feel it represents a good variety of industry people, and so far we haven’t received any negative responses on the ordinance," Mark Palmer, San Francisco’s green building coordinator, told us.

Smaller residential buildings in San Francisco will not require LEED certification, but could be required to follow a GreenPoint scorecard developed by Berkeley nonprofit Build It Green.

Newsom’s ordinance will be presented March 19 at the Building Inspection Commission, which has already forwarded Peskin’s measure to he Board of Supervisors’ Land Use Committee. According to Peskin’s office, the two ordinances will likely be combined once supervisors decide which standard to seek.

The Market-Octavia mess

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EDITORIAL A remarkable thing is happening in the area surrounding Market and Octavia streets: middle-class neighborhood groups, often accused of being NIMBYs, are actually asking for more affordable housing and less parking.

The Duboce Triangle Neighborhood Association, one of the oldest community groups on the east side of the city, and the Hayes Valley Neighborhood Association, want the city to make some important changes in the sweeping Market-Octavia plan, which will transform the area with close to 6,000 new housing units.

And what they’re asking for is eminently reasonable, entirely in sync with the city’s existing planning policies, and perhaps the only way to make the comprehensive area plan acceptable. The City Planning Commission refused to go along with the neighbors; the supervisors need to change that.

This isn’t a tiny neighborhood issue: the Market-Octavia plan is not only a huge policy issue involving a large chunk of the city; the outcome will set the stage for the epic battle over the Eastern Neighborhoods plan, which will guide development in the city’s last urban frontier.

City planners have been working on the document since 2000, and it’s gone through many different drafts. The current version, which will come before the Board of Supervisors next week, has the elements of a progressive plan, developed with neighborhood input. But it’s badly lacking in several key areas:

<\!s>Affordable housing. The plan calls for constructing 5,960 new residential units over the next 20 years — and 460 of those will be built under the direction of the Redevelopment Agency whether the plan is approved or not. So the Market-Octavia plan by itself involves 5,500 units — and only 960 of those will be sold below market rate.

Let’s remember here: market rate is upward of $500,000 for a studio or small one-bedroom unit. And only a fraction of the "affordable" units will be available to people making less than about $70,000 a year.

So most of what is planned here is housing for the rich. And if the pattern we’ve seen with market-rate condos downtown and South of Market continues here (in a neighborhood with easy access to the freeway), this will be housing for rich commuters who work in Silicon Valley, and rich out-of-towners who want a pied-à-terre in the city.

The city’s only General Plan — the document that’s supposed to drive all land-use policy — states very clearly that 64 percent of all new housing ought to be affordable. If that standard were applied here, 3,520 affordable units (not 960) would be included in the plan. That means the plan is 2,560 affordable units short of meeting existing city policy.

Housing activist Calvin Welch has put together a work sheet on this, and he concludes that developers would have to pay about $60 per square foot to the city to meet that standard. Over the 20 years slated for the Market-Octavia project, the cost of meeting those affordability goals would reach $1.3 billion.

There’s another side to this too: A December 2006 study by Keyser Marston Associates, prepared for the Planning Department, shows that every 100 new market-rate condo units built in San Francisco creates an additional demand for 25 new affordable units. Why? The new wealthy residents spend money on goods and services (from restaurants to laundry) that create much lower-paying jobs. Those workers need a place to live too — or they wind up commuting from the far suburbs, placing additional pressure on transportation systems and undermining efforts at building an environmentally sustainable community.

Part of the Market-Octavia plan includes new retail outlets. Where will those workers live?

Welch, the neighborhood groups, and Sup. Ross Mirkarimi, who is spearheading the drive for more affordable housing, agree that it’s probably unrealistic to force developers to pay $60 a square foot. But they also agree that the plan on the table today does little to meet the needs of the community or the city as a whole. They’re proposing a very modest new fee of $10 a square foot — money the developers can absolutely afford — to help the city meet a small portion of the affordability burden.

That supervisors need to approve that fee. Without it, the plan is a farce.

•<\!s>Parking and transportation. This is supposed to be a transit-first plan, and in the early drafts it was. Now, at the final stages, the Planning Department has changed it to add a lot more parking.

That creates two problems: Obviously, it encourages car use (and makes it more likely that the units will be sold to commuters who see San Francisco as a bedroom community). It also drives up the price of housing: building garage space for cars can add as much as $150,000 per unit to the construction costs — and frankly, condos with parking cost more than condos without parking.

In a lot of neighborhood development battles, the current residents are the ones demanding more off-street parking. In this case, the neighborhood groups totally get it: they have asked that parking be strictly limited, with only one parking space allowed for every four units in some areas (and as much as three spaces for every four units under some conditions in other areas). The Planning Commission wants much more parking — in fact, the department’s proposal would allow one space for every two-bedroom unit. That’s supposed to help families — but in many cases, those second bedrooms will become home offices for the wealthy, who will drive their cars to work.

That makes no economic or political sense. (In fact, less than half the housing units in the neighborhood today have off-street parking.) The supervisors should go with the neighborhood option.

The board also needs to mandate that the actual public transit infrastructure that’s needed gets built out as the new housing is constructed.

<\!s>Street-level environmental impacts. The plan envisions 400-foot residential towers in the area closer to Van Ness and Market — and that part of town already has serious problems with high-rise-driven wind gusts. The federal government had a chance to build its new office building at 10th and Market streets, but refused the site because its wind studies showed the gusts would actually be a physical hazard to people walking to the building. The city needs to do a real study of how shadows and wind affect people on the street before it approves any more high-rises.

<\!s>Jobs for the community. The plan needs to include written mandates that the developers offer construction jobs to local residents, particularly to unemployed San Franciscans in the eastern neighborhoods. This is the sort of thing that project sponsors always promise and rarely deliver; it needs to be codified in law.

The Market-Octavia plan could be a tremendous success, a way to take land that was once in the shadow of a freeway and turn it into a thriving, sustainable community. But the supervisors first have to fix the mess that the Planning Department created by adopting Mirkarimi’s amendments — and if they can’t do that, this entire thing needs to be put on hold and rewritten.

Sharing the Panopticon

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› gwschulz@sfbg.com

When two airline workers were robbed at 14th and Mission streets last August, the victims called 911 and described their attackers to the dispatcher as a pair of African American males.

At the time, several groups of people stood two blocks away at the always manic intersection of 16th and Mission streets, a high-crime area where the city installed four public surveillance cameras as part of an ongoing pilot project that began in 2005.

Police nabbed two suspects there whom they believed fit the description, and the victims later identified the duo as their attackers. Case closed. Except for one problem: the suspects claimed they were standing at 16th and Mission streets the whole time and never ventured two blocks away, to where the robbery occurred.

So a deputy public defender, Eric Quandt, tried to obtain footage from the city’s controversial public safety cameras to confirm their story. He was denied access to it by the San Francisco Department of Emergency Management because, according to the city’s Administrative Code, only police officers with a written request can review the recordings.

Other government agencies must get a court order, and since the recordings are held by the city for no more than seven days, by the time defense attorneys realize crucial evidence might exist, it’s likely to be long gone.

Mayor Gavin Newsom’s expansion of public surveillance cameras across the city has been the subject of regular criticism from privacy advocates who say no substantial evidence exists that they reduce crime or provide valuable evidence to prosecutors. But few imagined Big Brother could serve as an alibi proving someone’s whereabouts when police placed the wrong suspect at the scene of a crime.

Quandt managed to get the footage in time after appealing to a police inspector, and 23-year-old Neil Butler and 21-year-old Robert Dillon, who had served 70 days in jail, were freed. However, the city’s elected public defender, Jeff Adachi, said there have been almost a dozen or so other instances when his office believed surveillance footage from the cameras could refute a prosecutor’s claims, but city officials have barred PDs from accessing it.

"These two men would have faced decades in prison," Adachi told the Guardian, "so I find it shocking that law enforcement would object to the defense obtaining these tapes. It has to be a two-way street."

"[City officials] act as if they have a proprietary right over the footage," added Rebecca Young, the managing attorney for Adachi’s felony unit. "We are officers of the court. We should not have to deal with bureaucratic red tape to access and review the footage."

Few cities in the United States have rules in place reguutf8g the use of surveillance footage to begin with, so determining procedures for how defense attorneys might use the cameras to free innocent people once again puts San Francisco on the cutting edge of public policy.

After learning about the robbery case last August, Sup. Gerardo Sandoval decided defense lawyers need access to the recordings if they could be used as evidence to free people wrongfully charged with crimes.

Sandoval’s legislation would require the city to preserve the footage for 30 days instead of seven, giving defendants more time to access the footage. Their lawyers would only need to submit a written request to the Department of Emergency Management, which controls the tapes.

But Newsom’s newly appointed top criminal-justice aide, Kevin Ryan, and the mayor’s chief of staff, Phil Ginsburg, want to kill the legislation, claiming it would cost the city too much money and could potentially compromise ongoing criminal investigations by exposing witnesses or confidential informants who appear in the footage.

"It’s safe to say that they tried to derail the legislation," Sandoval told the Guardian.

Ryan, you may recall, is the former US attorney for the Northern District of California who attempted to define his law enforcement career by prosecuting the steroids scandal in major-legal baseball and later the stock options backdating imbroglio that consumed Silicon Valley.

His last major imprint on the public, however, came when the White House ousted him from the Justice Department along with seven other chief federal prosecutors. While his colleagues were said to be let go because they weren’t fully cooperative with the GOP’s political agenda, it was reported that Ryan was asked to resign because of mounting criticism that he’d poorly managed his office and alienated staffers, despite being an eager loyalist of President George W. Bush.

After that, Ryan worked briefly in the private sector before Newsom surprised the city at the beginning of the year by making him director of the Mayor’s Office of Criminal Justice. While a prominent San Francisco Democrat making a Republican devotee his top aide on issues related to crime raised eyebrows, Ryan’s inaugural act in that capacity epitomizes the outlook of a conservative law enforcement official.

Sandoval has attached to his ordinance a string of amendments to satisfy law enforcement, such as instituting punishments for defense lawyers who publicly disclose videos and allowing the district attorney and the Police Department 180 days to review footage and block its release if it’s deemed too sensitive for any reason.

However, the supervisor says he’s still not sure that Newsom, through his new conservative crime-fighting proxy, will accept making a traditional tool of law enforcement the new weapon of public defenders who serve indigent criminal suspects.

"I got the impression from Ryan that he outright opposed it," Adachi said. "But I’m not sure where the mayor stands on it."

Ryan and mayoral chief of staff Ginsburg did not return calls for this story, nor did the mayor’s press spokesperson, Nathan Ballard, respond to a detailed e-mail.

But Ryan has already shown a willingness to flout Newsom’s caution on the cameras. After the Feb. 6 Police Commission meeting, Ryan told the San Francisco Chronicle that police should be permitted to monitor the city’s surveillance cameras in real time to identify crimes about to occur or already in progress.

When the safety cameras were first launched, however, Newsom made a major concession to privacy advocates, the American Civil Liberties Union of Northern California most notable among them, by prohibiting law enforcement officials from watching the cameras live, in part to protect against potential voyeurism or racial profiling.

Ryan’s desire to expand the camera program is "all the more reason to make sure there’s a process in place," Adachi said, for defense lawyers to obtain the footage.

The Police Commission, meanwhile, has made it clear that the footage should not be widely available as public records and the cameras ought to be shut off during political demonstrations to protect First Amendment rights and keep federal agents from using them to target undocumented immigrants.

"If the public defender or a defense lawyer needs it, to me that’s an appropriate use of the information," police commissioner David Campos told the Guardian. "The concern should be: is there any way to keep the feds from getting this footage? We don’t have a way of doing that right now."

San Francisco launched its surveillance program in mid-2005 with two cameras outside public housing tracts in the Western Addition. Two and a half years later, 74 cameras are spread across the city in 25 locations, even though city officials were still calling this a pilot project as recently as this month.

The city was supposed to provide the Board of Supervisors and the Police Commission with a report by last year that evaluated how well the cameras were performing, but city administrator Ed Lee has missed several deadlines, and now it’s not due until March.

Jennifer King, a research analyst for the University of California at Berkeley’s Samuelson Law, Technology and Public Policy Clinic, is leading the study and says it’s one of only two that she’s aware of taking place in the US at this time.

A preliminary report done by the Berkeley team will only include an analysis of crime statistics, but a second study will involve comparing camera locations with control sites that are the same size and have similar demographics and crime profiles, because "there could have been changes in the background crime rate citywide that had nothing to do with the cameras," King told the Guardian.

In the meantime, Police Chief Heather Fong told the commission Feb. 6 that inspectors had requested footage nearly 80 times but in only two instances was it "useful in a prosecution."

At another public meeting last year, an official acknowledged that of the 178 cameras controlled by the federally subsidized San Francisco Housing Authority, none has ever led to an arrest in a homicide case, despite the fact that a large percentage of the city’s violent crime occurs in public housing developments.

Even Sandoval’s not convinced of the cameras’ efficacy: "We have to do everything we can to make sure everyone has fair access to the cameras…. But I’m fairly certain that the cameras really are just an intrusion into our privacy and the risk greatly outweighs any benefit."

No shelter from the budget storm

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› news@sfbg.com

Arriving at the steps of Buster’s Place on a cold night is a familiar, comforting act for many of the city’s chronic homeless people. Or rather, it was until recently, when a sign was posted informing clients the facility will be closing its doors for the first time in almost a year.

Buster’s Place, the only centrally located 24-hour drop-in center in San Francisco, is on the chopping block to meet the demands of one of the city’s most drastic midyear budget cuts in recent history. The $1 million cut (roughly the one-year operating cost of Buster’s) is only a piece of the $9.25 million the city’s Department of Human Services must trim from its annual spending.

Buster’s has logged more than 34,000 visits from an estimated 700 clients in the past year. The center serves all walks of life, from lonely elders to those who cannot manage the complex shelter reservation system to newcomers who don’t know where to turn. While staff and resources are limited, Buster’s provides easy access to essential facilities like showers, bathrooms, and laundry rooms. It’s the stop of last resort, as I learned during my recent undercover investigation (see "Shelter Shuffle," 2/13/07, and "Search for Shelter," on the Guardian‘s SF blog).

"There’s a need for this place," Louis Ramon, who is the only case manager working at Buster’s and has been at the center since it opened, told the Guardian. "This is where the too sick, the too paranoid, the too mentally ill come who cannot be housed. Nobody is working with these clients — the really hardcore ones."

Jennifer Friedenbach, the executive director for the Coalition on Homelessness, has been a leading advocate for 24-hour homeless centers and is pressuring city hall to reinstate funds to carry Buster’s through the end of the year.

"It’s frustrating when the mayor makes random and arbitrary decisions without consulting relevant community-based organizations or the homeless themselves," Friedenbach told us. "This is another attempt by the mayor to put a nail in the coffin of overnight shelters."

In a Feb. 14 press conference Mayor Gavin Newsom held with Dariush Kayhan, his newly appointed homeless czar, Newsom discussed plans to redesign the city’s shelter system, as well as the midyear budget cuts. "We’ve got a lot of resources that are being spent, but they could be spent more wisely by coordinating strategies," he said.

"With respect to 24-7 access, we’re going to have that with the [Mobile Assistance Patrol] vans, to ensure that people still have that. People can, in rare instances, come to the shelters directly if they’re in a dire emergency and access a bed if needed," Kayhan said. "And we also want to engage those folks because we don’t think sitting in chairs, around the clock, at night — and especially since a lot of those folks are seniors and disabled — that’s not a proper place to be."

Less than five months after it opened last year, Buster’s was slated to close during the regular fiscal-year budgeting last June. Homeless advocates came to Buster’s rescue and had the Board of Supervisors reinstate most of the funding for the center.

However, many homeless advocates and Department of Public Health officials are less optimistic about this round of budget reductions. For one thing, midyear cuts are generally more reactionary, made with little public deliberation, and made because the deficit is bigger than expected.

"This year is much different because the amount of money we need to cut is much more severe," said David Nakanishi, coordinator for community programs at the DPH and responsible for spearheading the planning of Buster’s Place. "Last year Buster’s was the only cut being made to homeless programs, so the community could rally around that one issue. The fiscal situation is much more dire this year. The supervisors will probably not reinstate the money."

Sup. Chris Daly, whose District 6 includes Buster’s Place, isn’t optimistic. "I will fight, but I won’t be successful," he told us, referring to his reduced power on the board after being removed as chair of the Budget Committee last year. "The cut list resembles very closely the list of board priorities from last year. The board cannot compel the mayor to spend."

Over the past year, Buster’s Place has had an uncertain future. The center was created after the temporary closing of the McMillan Drop-in Center, the city’s previous 24-hour drop-in center, at 39 Fell Street. Homeless-rights advocates campaigned for the creation of a 24-hour facility until Daly lobbied the DPH to keep an all-night drop-in center open. The city then contracted the Haight Ashbury Free Clinics to open Buster’s.

However, since the DPH established the center on a short timetable, it did not follow standard procedures for awarding the contract. The DPH is now going through a request-for-proposals process for a 24-hour drop-in center. Of course, if the midyear cuts are approved, this process will stop.

During a night at Buster’s, visitors can count on a few things: hard plastic chairs, restless sleep (if any), and good conversation with familiar faces. While Buster’s provides 24-hour shelter, it also serves as an important social hub for the homeless community. Elisa Frank, who handles shelter reservations through the city’s CHANGES system at the 150 Otis Street administrative office, sends up to 60 people per night to wait for beds at Buster’s.

"Buster’s is a community for a lot of people. They want supervision so they’re not just on the street doing dirt. Some people even have houses. Some who are in [single-room occupancies] and even some who just live alone come to Buster’s just for company," she told us.

One 31-year-old homeless client at Buster’s told us he has been in and out of shelters and illegal housing for most of his life. He has been staying at Buster’s occasionally over the past year and hopes to get his own apartment.

"When I don’t have a place to stay, I get suicidal," he told the Guardian on a chilly night outside Buster’s. "More people are going to die on the street if this place closes."

Milked

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OPINION It seems that everyone, from current politicians to former friends and lovers of Harvey Milk, is scrambling to serve as a spokesperson for the new Hollywood movie about the life of Milk, the first openly gay elected official in a major United States city.

Milk joined the San Francisco Board of Supervisors in 1977, only to be assassinated (along with then-mayor George Moscone) one year later by Dan White, another member of the board.

Cleve Jones, who worked as a student intern in Milk’s City Hall office (and later started the AIDS Memorial Quilt), is now serving as a consultant for the Gus Van Sant film. At the Castro Theatre on Feb. 4 he encouraged a crowd of extras gathered to re-create the candlelight march that took place after Milk’s murder by saying, "We made history on these streets, and we’re gonna do it again tonight."

But remaking historical moments from the pain and glory days of the past is hardly the same thing as making history in the present. In the 1970s queers fled abusive and stifling families and places of origin to move to San Francisco by the thousands and join dissident subcultures of splendor and defiance. Of course, queers still flee similar conditions; it’s just that the hypergentrified San Francisco of 2008 barely offers the space to breathe, let alone dream.

The excitement around reenactment obscures the reality that some of the same smiling gay men who came to San Francisco in the 1970s have consistently fought misogynist, racist, classist, ageist battles — from carding policies to policing practices to zoning and real estate wars — to ensure that their neighborhood (Milk’s Castro) remains a home only for the rich, white, and male (or at least those who assimilate to white middle-class norms).

Check out a quote from Dan Jinks, one of the producers of the movie, in the Dec. 27, 2007, Bay Area Reporter: "Our great hope is this will revitalize this district and make it a major tourist destination."

Revitalize the Castro, where you’re lucky if you can rent a flat for less than $4,000 or buy property for less than $1 million? Everyone who’s ever set foot in the Castro knows it’s filled with tourists from around the world!

Oh, I know what Jinks means: straight tourists. Some gay people are so anxious to participate in their own cultural erasure.

After White’s 1979 trial, at which he was convicted of manslaughter instead of murder and given a lenient sentence, rioting queers torched police cars and smashed the windows and doors of City Hall. Later that night vengeful cops went to the Castro and destroyed the windows of the Elephant Walk (now Harvey’s), entered the bar to beat up patrons and trash the place, and swung their batons into anyone they encountered.

I’m wondering if the new Van Sant film will end at the candlelight march, thus avoiding talk about such market-unfriendly issues as systemic police violence and property destruction as a political act.

Unfortunately, San Francisco is now more of a playground for the wealthy than a space for the delirious potential of dissidence. But there are still plenty of reasons to protest. Got housing? Got health care? Got citizenship? Nope, we’re just getting milked.

Mattilda Bernstein Sycamore

Mattilda Bernstein Sycamore (www.mattildabernsteinsycamore.com) is the editor, most recently, of Nobody Passes: Rejecting the Rules of Gender and Conformity (Seal Press, 2006) and an expanded second edition of That’s Revolting! Queer Strategies for Resisting Assimilation (out in June from Soft Skull Press).

Solo budgeting

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› sarah@sfbg.com

Mayor Gavin Newsom is giving his department heads until Feb. 21 to draw up a list of services and positions to be reduced and eliminated, but Board of Supervisors president Aaron Peskin notes this isn’t how city government is supposed to work.

"Technically, things aren’t being cut," Peskin told the Guardian. "Instead, the mayor is signaling that he is refusing to spend the money that has been appropriated by the board in the budget that was voted on and signed last year."

Last summer the Board of Supervisors used the add-back process to appropriate funds the mayor hadn’t sought, thus funding services such as the Workers Compensation Clinic at San Francisco General Hospital and Buster’s Place, the city’s only 24-hour homeless shelter, until the end of fiscal year 2007–08.

But now these same services are being targeted midyear. The mayor announced last November, shortly after he was reelected, that the city faces a projected $229 million budget, so he was demanding an immediate hiring freeze and across-the-board cuts.

As mayoral spokesperson Nathan Ballard reportedly told the San Francisco Chronicle last fall, "Although he wants to trim the fat, the mayor made it abundantly clear he doesn’t want to see a reduction in people sweeping streets or police officers walking beats."

But while city department heads spent the past few months trying to tighten belts, the mayor apparently expanded his, according to budget analyst Harvey Rose’s Feb. 13 report, which details the monetary impact of changes to Newsom’s staff — changes the mayor first announced Jan. 4.

"Don’t think that the irony of the revelations that have been made over the past few weeks has been lost on anyone," Peskin told us, referring to how Newsom added two entirely new positions, increased the pay of senior staff and newly appointed department heads in the Mayor’s Office, and raided the budgets of other agencies to pay for it all.

According to Rose’s report, the budgetary impact of Newsom’s staff changes amounted to an increase of $553,716, with other city departments funding about $1.34 million in annual salaries and benefits for 10 positions assigned to the Mayor’s Office.

These include two newly created jobs — namely, the mayor’s climate change director, Wade Crowfoot, and the mayor’s homelessness policy director, Dariush Kayhan.

Peskin admits that the spending Rose identified is a relative drop in the bucket, compared to the city’s $229 million deficit. "Yes, it’s not enough to significantly close the gap or save a significant number of services, but it’s symbolic," Peskin said, noting that even as homeless shelters are being fingered for elimination, the Human Services Agency is paying $169,624 annually for the mayor’s new homelessness policy director.

"And when voters approved more money for Muni, the mayor used it to hire people to pound out messages about climate change, when the best way to reduce greenhouse gases is to get people out of their cars," Peskin said, referring to Newsom’s new climate change director, hired at an annual cost of $130,112, using the Municipal Transportation Authority’s Safety and Training funds.

"It’s very frustrating and unfortunate," Peskin said, further noting that the $401,392 to terminate Susan Leal without cause as general manager of the San Francisco Public Utilities Commission will come from the city’s water fees.

"This is indicative of the misplaced priorities of the mayor," said Peskin, who doesn’t deny that spending control is required in the face of a looming deficit but resents how the mayor has been trying to do it unilaterally and not in cooperation with the board.

"The budget, by design, is a two-way street," Peskin observed.

Sup. Chris Daly claimed the services being targeted for Newsom’s midyear elimination are "a who’s who of the board’s priorities…. These are human and health services that the mayor has proposed be cut multiple times."

Daly’s legislative aide, John Avalos, who is running for District 11 supervisor, notes that while Daly wanted $33 million for affordable housing, a onetime amount, the mayor took a budget surplus and used it for multiple years, with the police, firefighters’, and nurses’ contracts accounting for his biggest expenditures.

Asked why the city’s deficit has ballooned by $144 million — from the $85.3 million the Controller and Budget Analyst’s offices identified in March 2007 to the $229 million that Newsom’s administration was suddenly projecting last fall — Tom DiSanto, budget and revenue manager for the Controller’s Office, cites an extra $82 million in salaries and benefits.

These include the four-year contracts that nurses and police and fire departments secured last summer, along with five extra police academies, said DiSanto, who also listed $7 million in police crime laboratory debt service, $7.4 million for sheriff inmate housing (required by last year’s Supreme Court order that prisoners can’t sleep on floors), and the $29 million transit set-aside that voters approved last November when they passed Proposition A.

But as DiSanto explains, the city’s budget problem is due not to lack of revenue but to baseline funding and rainy-day reserve requirements, not to mention the political process.

"Right now, with baselines and reserves, 96¢ out of every dollar goes into set-asides, and we’re required to adopt a balanced budget," DiSanto said. "That’s where the cuts come in. If we could access all the city’s revenues, we wouldn’t have a $229 million projected deficit," he added, noting that revenues are up, property taxes are higher than budgeted, and the hotel tax continues to be strong.

Ken Bruce, senior manager at the Budget Analyst’s Office, notes that unlike the federal government, the city of San Francisco has to balance the budget. He also says the current deficit projection comes from the Controller’s and the Mayor’s offices, not the Budget Analyst’s Office.

"In mid-March we get to do a joint forecast," Bruce told the Guardian. "It may paint a better picture, less of a doomsday scenario, but it still leaves us facing difficult policy choices. [The deficit] won’t drop from $230 million to $100 million."

Peskin envisions several long-term solutions, hopefully including positive changes in the White House this fall.

"With every passing year, as the federal government has abandoned the cities, we’ve taken more of a burden, and labor and capital costs have increased," says Peskin, who is mulling changes to the real estate transfer tax and closing a loophole whereby lawyers and accountants in limited liability partnerships have escaped paying payroll taxes.

That said, Peskin sees no easy fixes in the city’s upcoming budget hearings:

"It’s a fluid situation, and it’s all bad."

The Dick and Susan show

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The battle over the future direction of the San Francisco Public Utilities Commission took a dramatic turn Feb. 12.

A super majority of the Board voted to reject mayoral appointee Ryan Brooks, but Sup. Chris Daly joined mayoral allies Sups. Michela Alioto-Pier, Carmen Chu, Chris Daly and Sean Elsbernd, thus leaving the Board one critical vote short of the super majority currently required to reject mayoral appointees to the PUC, the city agency that wields control over Hetch Hetchy water and power, and San Francisco’s sewage and waste water systems.

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DIck Sklar testifying before the Board, as he battled for his PUC seat

These votes came after Sups. Sophie Maxwell and Bevan Dufty declared it was time for new blood on the board, Sup. Sean Elsbernd argued that the PUC-related charter amendment, which the Board has just placed on the June ballot and which requires only six Supervisors to reject a PUC appointee, is a better way to secure a new commission, and the 73-year-old Sklar, who has been ill with pancreatic cancer, appeared in person to deny, amongst other things, allegations that he is a PG&E flak.

Team Newsom’s $$$ value. More or less.

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Before we get to the juicy details of how much money Team Newsom is taking home, it’s worth noting that Mayor Gavin Newsom spent last Friday handing out draft copies of the report in which these figures can be found–a report that Budget Analyst Harvey Rose drew up at Sup. Jake McGoldrick’s request to figure out the impacts that staff changes within the Mayor’s Office would have on the City’s budget–changes Newsom announced Jan. 4.

It’s also worth noting that Rose didn’t know that Newsom Chief of Staff Phil Ginsburg was standing around last Friday telling the press that his report was a piece of “bull-.”, until the press called him later that same day and asked him for a comment.

And that all this unauthorized report distribution and undefended “bullshit” calling was happening just five weeks after Newsom announced that the City is facing a $229 million budget deficit and that therefore the city must implement an immediate hiring freeze and across-the-board departmental budget cuts.

Unlike Sups. Chris Daly or Aaron Peskin, who are more typically the targets of the mayor’s famously snippy wrath, Rose isn’t a politician, but a widely respected analyst, and so Team Newsom could hardly accuse him of “political theater”.

Instead, Ginsburg told the Chronicle that, “The budget analyst has no understanding of how salaries work in this city,” while Newsom made the vague claim that, “It’s personal.”

But however much they tried to put a negative spin on Rose report, Team Newsom could not deny that it paints an unflattering picture of the Mayor’s Office as a place that is using over $1 million from other departmental budgets to make new hires and increase the salaries of staff that are assigned to the Mayor.

As Rose reports “The Mayor’s practice of including positions assigned to the Mayor’s Office, but funded in the budgets of the Municipal Transportation Agency, the Human Services Agency and the Planning Department Budgets, understates the Mayor’s Office’s budgeted and actual costs for such positions, while such costs are overstated in those three other Departmental budgets.”

Rose’s report found that

a) The estimated total increased annual salary and fringe benefits costs of the 17 newly-appointed department directors to replace existing directors, and the ten Mayor’s Office staff appointments, two of which are completely new functions, are $553,716.

b) Other City departments fund about $1.34 million in annual salary and fringe benefits for ten positions assigned to the Mayor’s Office, including the mayor’s new climate change director Wade Crowfoot and new Homelessness Policy Director Dariush Kayhan.

c) The costs of appointing Ed Harrington, as General Manager of the SF Public Utilities Commission, Ben Rosenfield as Controller, Mirian Saez, as Interim Director of the San Francisco Housing Authority, and Jordanna Thigpen, as Acting Director of the Taxi Commission have yet to be announced.

d) Terminating Susan Leal, General Manager of the SF PUC, without cause, as is Newsom’s stated intention, will add a further $401,392 to City costs.

e) the mayor’s Office is also recruiting for a replacement to the CityBuild Director, at a cost of $144,596.

In face of these dicey accounting practices, Rose suggests that the Board of Supervisors rescind funding for positions assigned to the Mayor’s Office but included in other departments’ budgets, and the cost of these positions, estimated to be $898, 718, could then come from the Mayor’s General Fund monies.

The Board, says Rose, could also eliminate MTA funding for Mayor’s Office positions which do not directly benefit the MTA’s core functions. Those positions could then be funded, Rose reports, to the tune of $240,943, from the Mayor’s Office’s General Fund monies.

Rose’s report also notes that, “The newly appointed Climate Protective Initiatives Director is a new function unrelated to the MTA’s Safety and Training Unit,” even though the position if currently being funded through monies set aside for that unit.

And now, here are the figures, taken directly from Rose’s report, which show who, on Team Newsom, is making more or less, compared to previous directors and appointees:

Team Newsom t heads making more than Predecessors (the “Gimmee More” gang)

Kevin Ryan, Mayor’s Office of Criminal Justice: $160,862—$42,848 more.

Joyce Hicks, Director Office of Citizen Complaints: $$171,262—$42,276 more.

John Rahaim, Director Planning Department, $210,000—$34,422 more.

Michael Cohen, Director Mayor’s Office of Economic And Workforce Development,
$193,570—$33,930 more.

Mike Farrah, Director Mayor’s Office of Neighborhood Services: $120,900—$28,340 more

Adrienne Pon, Director Mayor’s Office of Community Development: $143,123—$12,993 more.

Luis Cancel, Arts Commission Director: $140,000—$8,648 more.

Chris Iglesias, Director Human Rights Commission: $149,058—$3,146 more.

Team Newsom members making less than Predecessors:

Ed Reiskin, Director, Department of Public Works: $195,000—$25,419 less

Fred Blackwell, Director, SF Redevelopment Agency: $178,724—$18,000 less

Nancy Alfaro, Director, 311, $149,058—$15,942 less

Micki Callahan, Director, Human Resources, $195,000—$9,672 less.

Anita Sanchez, Executive Director, Civil Service Commission, $128,752—$6,986 less.

Cristine Soto-DeBerry, Mayor’s Liasion to the Board of Supervisors: $91,000—$6,084 less.

Appointments to New Functions

Dariush Kayhan, Homeless Policy Director, $169.624
Wade Crowfoot, Climate Protection Initiatives Director, $130,112

Appointments to Existing Functions

Nancy Kirschner Rodriguez, Director of Government Affairs, $143,123—$19,207 more.

Dwayne Jones, Director of Community Engagement and Communities of Opportunity: $143, 123—$14, 371 more.

Catherine Dodd, Deputy Chief of Staff for Health and Human Services: $143, 123—$4,513 more.

Maya Dillard-Smith, Violence prevention Director, $91,520—$4,342 more)

Astrid Haryati, Greening Director, $111, 228—no change.

Jason Chan, Mayor’s Liasion to Commissions, $81,276 ($13,442 less.

Erin Hicks, State and Federal Affairs, tba.

The Salary ‘To Be Announced” Gang.
Ed Harrington, General Manager, SF PUC—tba
Ben Rosenfield, Controller
Mirian Saez, Interim Director, SF housing Authority,
Jordanna Thigpen, Acting Director, Taxi Commission.

PG&E wins a big one!

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By Bruce B. Brugmann

The email came in to me from a City Hall source during Tuesday’s meeting of the Board of Supervisors.

“Are you hearing the same thing I am about Daly possibly approving Sklar’s appointment? I can’t get my head around why he would do that, if the rumor is true.”

I sent a note back saying that our understanding at the Guardian was that there were seven solid votes against the mayor’s nomination of Richard Sklar and Ryan Brooks for reappointment to the San Francisco Public Utilities Commission, a longtime PG&E bastion in City Hall. The swing vote, I said, was Sup. Gerardo Sandoval, but he appeared to be resisting the massive pressure on him to vote for Sklar.

My source was right. Sup. Chris Daly did the ignominious thing and voted for Sklar and gave him the vote he needed to stay on the PUC, on a 7-4 vote. (It takes eight votes to reject a mayoral nomination.) Daly in the process did the following: (a) gave PG&E a major victory, (b) gave the mayor a major victory, (c) allowed Newsom’s campaign manager and key strategist, Eric Jaye, with PG&E as a major client, to claim a major victory, (d) helped assure the firing of PUC General Manager Susan Leal (Newsom had fired her earlier because, in the opinion of the Guardian and other public power supporters, she was making some baby steps toward public power), (e) helped assure that the PUC would most likely be a safe haven for PG&E for yet another few years.

And Daly did it without tipping his hand in advance and letting his public power and other supporters know what he was doing. Nor did he explain his vote at the meeting. Nor was he available after the vote to explain.
What happened? “He’s painfully qualified to serve on such a commission,” Newsom told Cecilia Vega, the Chronicle’s City Hall reporter, for her excellent story today. Sarah Phelan, the
Guardian reporter covering the meeting, tried in vain to get a comment from Daly and even went to his office after the meeting. No luck.

But Daly did post a comment on Steven T. Jones’ blog story in which Jones reported that Daly “flipped his vote” on Sklar and described it as a “surprising and inexplicable move.” Jones posted the item at 3:43 p.m. Tuesday.

Daly posted his comment 57 minutes later at 4:40 p.m.,. He wrote that he “never ‘flipped’ my vote on Sklar, because I never committed to vote against Sklar. I also didn’t cut a deal with any Sklar supporters–I quickly terminated the only call I received from a Skar supporter.

“Not that it wasn’t a very difficult vote, especially considering the company I had on the vote at the Board.

“I am strongly against the removal of Leal and the associated $400,000 payout and have expressed my concerns about the Mayor’s meddling in Commission affairs. When I brought this up, Skar admitted to me that he did not handle this well. But on other subjects, Sklar has shown independence from Newsom–most notably on the issue of the peaker plants and the Charter Amendment. I also believe Sklar when he says he’s not against public power.

“So here I am looking at a Commissioner that is clearly qualified and has shown some independence, but with whom I’ve disagreed on a number of issues. I just don’t think that rises to the level of meriting a rejection. That also doesn’t rise to the level of deserving an appointment if I was the appointing authority.”

C’mon, Chris. This is pretty lame stuff for a guy who likes to kick ass all around City Hall and the Hetch Hetchy watershed. You’ve been out there on a host of good issues over a long period of time, including public power and kicking PG&E out of City Hall. So what happened? (I’m sending this blog over to your office to give you a chance to answer.)

And so Daly joined the emerging PG&E Three on his vote: Sups. Michela Alioto-Pier, Sean Elsbernd, and Carmen Chu. And he rejected seven solid votes for public power and against PG&E by supervisors who deserve gold stars in their lapels: Sups. Aaron Peskin (who led the charge), Ross Mirkarimi (the cca and public power generalissimo), Tom Ammiano and Jake McGoldrick (all good on the issue), Sophie Maxwell and Bevan Dufty (who came through nicely), and Sandoval, who did the right thing while having a lot to lose because he will be running for judge. He was told during the intense lobbying campaign, sometimes bluntly, sometimes obliquely, that he would get lots of support and money if he went for Sklar and lots of pain and punishment if he went against Sklar. Good going, Gerardo.

And Sklar? Well, he’s never shown us the slightest interest in pushing public power and taking on PG&E during his long PUC tenure and he wasn’t reappointed by the Mayor/Jaye/PG&E to suddenly turn state’s evidence on PG&E. If he were the statesman his supporters were portraying him to be, he would have turned down the appointment and made some helpful comments. Instead, he took the occasion, in his appearance before the board, to trash Leal and say, according to the Chronicle, “‘I supported Susan for mayor in 2003. She’s my friend,”” he said. “”But this is not the job for her.'”

The Chronicle neatly pointed out that, during the meeting, Sklar “declined to offer specifics about why he thinks Leal should go.” Note the Newsom/Sklar spending habits: If the board votes to terminate Leal’s contract next week, she stands to collect a severance package of more than $400,000.

The Chronicle also pointed out that Sklar had mounted a “vigorous campaign to keep his post on the commission by meeting with supervisors beforehand.” The story also said that Sklar had rounded up support from a batch of high profile politicians: former mayor Art Agnos and Willie Brown (both of whom operated as PG&E aliles during their reigns), Sen. Dianne Feinstein (a PG&E ally who negotiated the sellout Turlock/Modesto power contract that cost the city millions) and House Speaker Nancy Pelosi, a PG&E ally who led the fight to help PG&E privatize the Presidio and turn the public power base over to PG&E’s private power. Like Sklar, none of them have taken on PG&E on much of anything ever.

Let’s have a show of hands on this one: how quickly will Sklar, with PG&E support and allies like these, put even a tiny pebble in the path of the PG&E steamroller on the PUC? I’ll keep you posted. B3

Click here for Steven T. Jones’ blog, Daly’s comment, and Kimo Crossman’s comments.

Read Kimo Crossman and Chris Daly’s full blog comments after the jump.

Shelter shuffle

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EDITOR’S NOTE Guardian reporter Amanda Witherell and intern Bryan Cohen spent almost a week staying in various San Francisco homeless shelters. To get an unfiltered look at the conditions, they didn’t identify themselves as journalists, so some names in this story have been changed to protect people’s privacy. Their undercover reporting was supplemented with extensive research and on-the-record interviews with key officials, providers, and recipients of homeless services.

>>Read Amanda Witherell’s nightly shelter journals, with photos

>>Read Bryan Cohen’s nightly shelter journals, with photos

>>Homeless people share their stories

>>The mayor’s Feb. 14 press conference about homeless shelters

It’s about quarter past seven on a Thursday night, and I’m late for curfew. Not even during my wildest high school days did I have to be home by a certain time, but tonight, 29 years old and sleeping in a homeless shelter, I’m supposed to be in by 6:30 p.m.

Heading down Fifth Street toward the shelter, I wonder what I’ll do if I lose my bed for being late. Can they set me up at a different shelter? Will I have to head back to a resource center in the Tenderloin or the Mission District to wait in line for a reservation somewhere else? Either way, I could be walking the streets for the next few hours, so I adjust my heavy backpack for the journey. Waiting to cross Bryant Street, I stare up at the large, hulking building with its utilitarian name, Multi-Service Center South, and notice there are no shades on the windows in the men’s dorm. Since it’s lit from within, I can clearly see someone standing beside his cot, clad in nothing but blue plaid boxers, obviously unaware that he’s so exposed. I wonder if the windows would be shaded if it were the women’s room. Maybe that’s why we sleep in the basement.

Inside the door I shed my pack and step through the metal detector. The security guard dutifully pats it down and pushes it back into my arms. At the desk I give the last four digits of my Social Security number and am checked in. No questions about being tardy. I’m in.

I’m also late for dinner. A staffer hands me two unwrapped sandwiches from a reused bread bag under the counter. Ham, mustard, and American cheese between two pieces of cheap, sliced bread. After two days in the shelter I still haven’t seen a piece of fruit or a vegetable. I wrap the sandwiches in the newspaper under my arm and head down to my bunk. On the stairs I pass a guy and nod hello. He nods back, then calls out, "Hey, can I ask you something?"

I turn. "Sure."

"What’s a nice girl like you doing in here?"

I shrug and step back, unsure of what to say.

"I’m not trying to mess with you," he says. "I’m not fucking with you. I don’t do drugs. I’m straight. I don’t mess with anything," he goes on, trying to reassure me.

I believe him and dish it back. "Then what’s a nice guy like you doing in here?"

He laughs and shrugs. He tells me he doesn’t really stay here. It’s just for a couple of days. He lives in a $200 per week hotel in Oakland, but if he stays there more than 28 consecutive days, it becomes residential and the rates go up, so he clears out for a few days every month and comes here. The hotel’s nicer than this, he claims. It’s clean and safe, and he has his own space. "I can walk around in my underwear," he says.

We sit on the stairs, talking about how you lose all your privacy when you stay in a shelter, how the regimentation is reminiscent of prison. There are no places to go and be on your own, rest, and be quiet. Once you’re in for the night, you can’t leave except to step out for a smoke.

I ask if he has a job. He tells me he’s a chef for Google. I raise an eyebrow, recalling that the company’s stock is hovering somewhere between $600 and $700 per share right now. The pay isn’t the problem — he gets $16 an hour, but he’s been out of town for a while, caring for a sick family member, and has just returned. He got his job back, but only part-time, and he lost his home.

He’s wary of being on welfare — that’s not the way his mother raised him — but he’s in the County Adult Assistance Program, which gets him $29 every two weeks, a guaranteed bed at the shelter, and a spot on a waiting list for a single-room-occupancy hotel room, the bottom rung on the permanent-housing ladder.

What he really wants is a studio, but his searches haven’t turned up anything affordable. He needs a little boost of cash for a security deposit on an apartment, but when he asked the General Assistance Office if it could help him out with that, the answer was no.

His brow furrows with concern, and then the conversation turns to me. "You got a job?" he asks.

What can I say? I’m a reporter for a local newspaper. I’ve heard that some of the city’s homeless shelters are lacking basic standards, accessing a bed can be complicated, and services are scattered. I thought I’d come find out for myself.

Here’s what I learned: San Francisco has a cumbersome crazy quilt of programs, stitched together with waiting lists and lines. Policies that are written on paper and espoused in City Hall are often missing in shelters. Some rules don’t seem to exist until they’ve been broken. Others apply to some people, but not all. Getting a bed is a major hurdle, and I say that as a stable, able, mentally competent, sober adult.

And once you’re in, it’s sort of like sitting in a McDonald’s for too long. Years ago a friend told me the interiors of fast food restaurants are deliberately designed to make you feel a little uncomfortable. They don’t want you to get too cozy; they want you to eat and leave, making way for the next hungry mouth they can feed.

In other words, shelters are designed to make people not want to use them.

The only information I took with me was a one-page handout I got from a San Francisco Police Department Operation Outreach officer. He said it’s what cops and outreach workers give to people they come across who are sleeping on the streets. I figure if it’s good enough for them, it’s all I need to navigate the system.

The map, as it were, is a cramped, double-sided list of places to get free meals, take showers, store your stuff, sober up, and, of course, get a bed.

For the bed, it instructs, you have to go to a resource center and make a reservation. Some of the resource centers are also shelters. Some aren’t. Some are just reservation stations. They all have different operating hours and are located all over the city, but mostly in the Tenderloin and South of Market.

It takes me a while to puzzle out which ones are open, where exactly they are, then which is closest to me. Phone numbers are also listed, so I assume it’s like making a hotel reservation and dial one up on my cell phone.

The first number doesn’t work. There’s a digit missing. Dialing methodically down the list, I discover that none of the numbers connect me to a person. This is obviously not the way to go.

The way I ultimately get into a shelter is not the way you’re supposed to. In San Francisco’s system, you’re not supposed to just walk up to a homeless shelter and get a bed, but that’s what I do.

At first the woman behind the counter at MSC South tells me the only open beds are across town, at Ella Hill Hutch in the Western Addition. Then another staffer looks at the clock and says he’s not sending me out there. He’ll "drop" beds instead.

The city’s 1,182 beds for single adults are managed through an electronic database called CHANGES. It’s a modern-day improvement on people roaming from shelter to shelter everyday, putting their names on lists for possible beds. Launched in 2004, CHANGES now does that electronically and maintains profiles of people who use the system. If you’ve been kicked out of a shelter, missed your tuberculosis test, or not shown up for curfew, CHANGES knows and tells on you.

Every day around 8 p.m. shelter staff trawl through the reservations and drop the no-shows, cancellations, and reservations that have expired or whose makers have moved on to hospitals, rehab, the morgue, or — less frequently — housing.

MSC is allowed to make reservations for any shelter except itself — that’s against policy. I learn this the next morning, and I’m told it’s because there’s too much corruption and favoritism. MSC is apparently one of the better shelters, so to keep clients from cutting deals with staff, the policy doesn’t allow clients to reserve a bed there.

But after half an hour the staffer hooks me up for a two-night stay, bending the rules to do so. While I’m waiting, he turns away a client who had a seven-day bed but didn’t show up the previous night. The guard confiscates his fifth of vodka, and he gets an earful about drinking.

When the city’s shelter system was born in 1982, it was first come, first serve at the doors of churches and community centers. President Ronald Reagan’s cuts to federal domestic spending landed hard on low-income people, so then-mayor Dianne Feinstein called on local organizations to temporarily house and feed the growing number of street sleepers.

Throughout the ’80s wages stagnated while the cost of living soared: between 1978 and 1988 the average rent for a studio apartment in San Francisco jumped 183 percent — from $159 a month to $450. Twenty years later it’s $1,114. In 1978 the Housing and Urban Development budget was $83 billion. Today it’s $35.2 billion, almost nothing by federal budgetary standards, and almost no new public housing units have been built since 1996, while 100,000 have been lost.

Every year the federal government spends almost twice as much on a single attack submarine as the Department of Housing and Urban Development spends on homeless assistance. State and local governments have been left to pick up the hefty price tag.

San Francisco spends more than $200 million on homelessness, through services, financial aid, supportive housing, emergency care, and shelter beds. There are 13 city-funded shelters, four resource centers, and three reservation stations in San Francisco. The Human Services Agency spends $12.5 million per year on shelters through contracts with nonprofit managers. The Department of Public Health also manages two contracts, for a battered women’s shelter and a 24-hour drop-in center.

But it’s not enough: the nonprofits supplement operating expenses with grants and private donations and recently relied on a special allocation of $300,000 to purchase basic supplies like soap, towels, hand sanitizer, sheets, pillows, and blankets.

James Woods, a spry 51-year-old wearing a red Gap parka barely zipped over his thin, scarred chest, rattles off the places he’s lived: Detroit, Atlanta, Seattle, San Francisco, Louisville, Ky., and his hometown, Nashville, Tenn. "Out of all the cities I’ve been in, this is the only city where you have to go and make a reservation for a bed at the rescue mission all the way across the city in order to come back to the place you started," he says, jabbing the floor of MSC with his cane. "I can’t even make a reservation here for a bed here. They’ll send me across the city to another place to do that."

Woods has been pounding the pavement between MSC and the Tenderloin AIDS Resource Center for eight months. Every day around 3:30 p.m. he heads to the Tenderloin, where he gets in line for a bed. Woods has a fractured hip and arthritis, pins in his knees and feet, and hepatitis C. He’s been HIV-positive since 2002. He walks with a limp that can transform into a springy, stiff-legged canter when he chases the 27 bus down Fifth Street.

Rather than tote all of his possessions with him, he hides them in the drawer of an emergency bed at MSC, so it’s imperative that he get back there every night. Sometimes he waits hours for an MSC bed to open up.

Though Woods speaks highly of some city services, swooning a little when he mentions his doctor at the Tom Waddell Health Center, the daily bed hunt has left him exhausted and disgusted with the city. "They’ve got the program designed to run the homeless off," he says. "They have it as hard and difficult as possible for you to take a breath, take a rest, get a routine."

While a person can reserve a bed for one to seven nights and, if on General Assistance, make arrangements through a caseworker for 30- to 90-day stays, Woods has rarely been able to procure a bed for longer than one night. "Maybe twice I’ve gotten a seven-day bed," he says.

The inability to connect people with beds is not lost on city officials. Mayor Gavin Newsom’s recently hired homeless policy director, Dariush Kayhan, told me, "I really want to solve the issue of the juxtaposition of vacant beds and homeless people on the streets. That to me is untenable."

However, he only discussed the issue in terms of people who’ve chosen not to use the shelters and are sleeping in the street. To him, empty beds signify that there’s more than enough shelter for people. "At this time there’s no plan to expand any shelter beds, and I think homeless people, in many ways, many of them vote with their feet and have decided that shelter’s not for them," he said.

But the Guardian found that even if you are willing and waiting for a bed in a place where someone can presumably connect you with one, it often doesn’t happen.

According to the 2007 Homeless Count, there are 6,377 homeless people in San Francisco. The nine year-round single-adult shelters have enough beds to accommodate one-third of that population. Other emergency facilities shelter some of the overflow on a seasonal basis. The remaining homeless sleep in jails and hospitals, respite and sobering centers, parks and sidewalks.

People also pile up at Buster’s Place, the only 24-hour drop-in resource center in the city, where they slump all night in chairs, forbidden by staff to sleep on the floor.

It took Guardian writer Bryan Cohen five nights to find a spot at a shelter. He spent Jan. 20 and 21 at Buster’s waiting to see if a bed would open up. None did. According to the shelter vacancy report for those two nights, there were 108 and 164 beds set aside for men that went unfilled. On an average night this January, a month marked by cold weather and flooding rain, 196 beds were empty.

Buster’s does not have access to CHANGES but can apparently call shelters and ask about empty beds. I was at the Providence Foundation shelter one night and overheard a call come through and shelter staff tell whoever rang that no, they couldn’t bring more people here. There were four empty mats beside me.

Laura Guzman, director of the Mission Neighborhood Resource Center, said CHANGES was a breakthrough in getting people into beds, but when it was first launched in 2004, things were different. "You had a choice. Shelter of choice was much easier to achieve. Then Care Not Cash happened," she said.

Most of the city’s beds are assigned to beneficiaries of certain programs, like Swords to Ploughshares and Newsom’s signature plan Care Not Cash, or to people with mental health or substance abuse issues who have case managers.

Though beds can be turned over to the general public when they are dropped after curfew, one wonders how effectively that happens.

The challenges are worst for Latinos, refugees, and immigrants, who face language barriers and the potential hurdle of illegality.

As a result, they flood one of the few places they can get in. Dolores Street Community Services reported the second-lowest vacancy rate in January, just 5 percent. The 82-bed program hosts a waiting list and is one of the more flexible in the city — deliberately so, as many of its Latino participants have jobs or work as day laborers. Marlon Mendieta, the executive program director, says, "They have a plan and just need to save up some money to move into a place."

However, rising rents have made moving on difficult. "We have people who are basically just cycling from one shelter to another," Mendieta said. "We see some who exit our shelter, find housing, but might end up back at the shelter if rent goes up or they lose work."

Providence is one of the sparest of homeless facilities and is located in a Bayview church. Unlike at other shelters, there’s no hanging out here. When the doors open at 9:30 p.m. about 90 people with reservations are already lined up in the rain on its dark side street.

We receive one blanket apiece, and the men shuffle into the gym while I follow the other females into a smaller side room, where 12 mats are laid out on two ratty tarps. Several women immediately lie down, speechless.

The cook gives a quick blessing when plates of food arrive on two sheet pans: spaghetti, heavily dressed salad, limp green beans mixed with cooked iceberg lettuce, and a very buttery roll. It’s all heavy and slightly greasy, but also warm and a closer approximation of a square meal than any of those offered by the other shelters I’ve stayed in so far.

Moments after I finish eating the lights are turned off, even though a couple of women are still working on their meals. A shelter monitor comes through and confiscates our cups of water, saying she just refinished the floors in here and doesn’t want any spills. I notice that unlike at other shelters where I’ve stayed, none of the women here have bothered to change into pajamas. Some haven’t even removed their shoes. I follow suit, tucking my jacket under my head for a pillow and pulling the blanket around me.

When the lights come back on at 5:45 a.m., I understand why no one changed: there’s no time to get dressed. Shelter monitors enter the room, rousting sleepers with catcalls to get up and get moving. One turns on a radio, loud. They’re brisk and no-nonsense, grabbing blankets and shoving them into garbage bags, pulling mats into a stack at the edge of the room.

A woman becomes perturbed by being hustled and talks back to the shelter monitor. A verbal battle ensues, with the client picking up her mat and throwing it across the room, scattering her possessions. "What a woman, what a woman," the shelter monitor yells. "We’ll see if you get a bed here tonight."

Another staffer comes through with a toxic-smelling aerosol, which she sprays around us as we get ready to leave. The bathroom, the cleanest I’ve come across in the city’s shelter system, is still a clusterfuck as a dozen women wait to use the three toilets and two sinks. One stall has a broken door, and the only morning conversation is apologies to the occupant.

Even though the contract between Providence and the HSA says the former will provide shelter until 7 a.m., it’s a little after 6 a.m. and all 90 of us are back out on the street, rubbing sleep from our eyes, shivering in the dark dawn, and waiting for the Third Street T line. When the train comes, most of us board without paying and ride back toward the city center to get busy finding some breakfast and making preparations for where to stay tonight. I have four hours before I have to be at work.

Shucrita Jones, director of Providence, later tells me the shelter’s materials have to be cleaned up by 7 a.m. because the church is booked for other activities. "We turn the lights on at 6. The clients have at least until 6:10 to get up. We encourage everyone to be out of there by 6:15 so we can be clear of the building by 6:30," she says. To her defense, she adds that the shelter monitors often let people in earlier than the contracted time of 10 p.m. and that when the weather is particularly nasty she’ll open the doors as early as 8:30 p.m. to let people in out of the cold.

As for the discrepancy between empty mats in the shelters and people going without beds, she blames the reservation system. "CHANGES has a lot of glitches," she says. "It’s got a lot of errors the city and county [are] trying to fix."

What I witness isn’t as bad as what I hear. In the shelters everyone has a horror story — some are about how they got there, others about what’s happened to them since they arrived. Nearly all include a questionable experience with staff — from witnessing bribes for special treatment to being threatened with denial of service for complaining. Their observations echo mine: the administration and certain high-level staffers exhibit genuine concern and an ability to help when you ask, but lower-tier workers aren’t as invested in providing good service.

Tracy tells me she sent her daughter to private school and considers herself a victim of the dot-bomb era and an illegal eviction that landed them at the Hamilton Family Center. "We were given one blanket. It was filthy. It had poo on it, and, I’m not kidding, there were even pubic hairs," she says.

She describes the shelter’s intake process as similar to that of jail bookings she’s seen on television. Six days later she and her child were thrown out. No reason was given, though she’s convinced it’s because a staff member overheard her complaining about a recent incident involving another client sneaking in a gun. When she was told to leave immediately, she wasn’t informed that she had the right to appeal. So she and her daughter hastily gathered their things and hit the dark Tenderloin streets.

A grievance system exists for people who’ve been hit with denial of service, or DOS’d, the colloquial term for kicked out. But the process can take months. Shelter managers I spoke with don’t deny that stealing is rampant, favoritism exists, and complaints occur — the greatest number about staff and food.

General complaints are supposed to be handled within the shelter, though they may be copied to the city’s Shelter Monitoring Committee. The SMC submits quarterly reports to the Board of Supervisors, Mayor Newsom, and the public, which show regular instances of inconsistent and unsafe conditions, abusive treatment, and a lack of basic amenities like toilet paper, soap, and hot water.

Those reports prompted Sup. Tom Ammiano to sponsor legislation mandating standards of care for all city-funded shelters (see "Setting Standards," 1/30/08). The new law would create baseline standards and streamline a complaint and enforcement process.

According to the HSA, many of these standards are already policies included in the contracts with the nonprofits that run the shelters, requirements such as "provide access to electricity for charging cell phones."

During my stay at the Episcopal Sanctuary, I asked the shelter monitor on duty where I could plug in my cell phone and was told I couldn’t. When I asked why not, the only reply was that it’s against shelter policy. At Ella Hill Hutch Community Center, Cohen was told he could plug in but at his own risk — his unattended phone would probably be stolen.

I reviewed all of the contracts between the city and the nonprofit shelter providers, as well as the shelter training manual that’s given to staff. I was unable to find the same list of policies the HSA gave to the budget analyst. I asked HSA executive director Trent Rhorer how these policies have been communicated to the shelter staff, but he did not respond by press time.

While the ability to charge a cell phone seems relatively minor, its ramifications can be huge. The first time James Leonard met with his case manager at Next Door shelter, he knew exactly what he needed to get back on his feet: bus fare to get to and from three job interviews he’d already scheduled, a clothing voucher so he’d have something nice to wear when he got there, and a couple of dollars for the laundry facilities at the shelter. He also needed to charge his cell phone to confirm the interviews. He said he was denied all four things.

The standards of care, if passed, could improve access to those basic provisions, but some in the Mayor’s Office have balked at the estimated $1 million to $2 million price tag. The budget analyst’s final report is scheduled for release Feb. 14, in time for a Feb. 20 hearing at the Budget and Finance Committee.

Deborah Borne, medical director of the DPH’s Tom Waddell clinic, is a proponent of the standards from a public health perspective. "For me, I’m looking at decreased funding and how can I best affect the most population with what remains," she said.

Dirty shelters can help spread disease outside their four walls, as clients leave every day to use municipal services like buses, libraries, trains, and restaurants, which we all enjoy. Borne says this is something that’s been tackled by other facilities that house large numbers of people and is long overdue in the shelters.

"You can argue about whether we should or shouldn’t have shelters, but there are no city, state, or federal regulations for them. There are tons of regulations for the army, for public schools and colleges, but we put people in shelters and there’s none," she said. To her, San Francisco is on the cutting edge of care with this legislation. "I can’t wait until we do this on a state level," she said.

Kayhan said he and the mayor support the spirit of the legislation and have no problems with most of the no-cost items, but the price tag for staffing, training, and enforcement is a concern. "I think when you’re looking at how much money you’re going to spend on homelessness overall," he told us, "I would rather allocate additional resources to create another unit of housing for someone as opposed to enhancing the service model of the shelters."

Every day he’s on duty in the Tenderloin, police captain Gary Jimenez comes across homeless people — or people who seem homeless but aren’t.

"One day on Turk Street, I came by a long line of people drinking. I was walking with a Homeless Outreach Team officer, and he said he knew them all. Only about 20 percent of them were actually homeless. They don’t want to sit in their rooms drinking. We give people housing but we don’t acclimatize them, get them used to being inside. They want to do what they’ve been doing, and they go out on the streets to do it. It’s social," he said.

Larry Haynes agrees. "It’s lonely and depressing in your room," he says. He lost his Beulah Street apartment through an Ellis Act eviction and has been living in the Vincent Hotel for three years, after a nine-month stint in the shelter system. He’s a tenant representative now, advocating for improved conditions in the SROs, which still beat the shelters.

"The criticism I hear from people on the streets is that there are some good shelters but you can’t get in them," Jimenez said. "Then there are shelters that are open that you can go to, but you wouldn’t want to because they’re really bad."

He tells me he’s visited shelters but finds it difficult to get a feel for how valid the complaints are. "I can’t tell without waking up there or knowing what it’s like to be thrown out on the street at 6 a.m. in the cold when there’s nothing open," he said.

The Shelter Monitoring Committee has requested that HSA staff stay in shelters at least once to get firsthand experience, but it’s yet to receive confirmation that this has occurred. When we asked Rhorer about the policy, he said, "There are 1,800 employees who work for HSA, so there is no way of knowing if any of them have been homeless and used the shelter system."

In our first conversation, Kayhan told me he had never stayed in a shelter. In a later interview, when I asked what he thought about the public perception of the shelters, he said, "I’m just not sure that the criticism that I hear around the shelters as being dangerous hellholes — or whatever has been said — matches what I see in the shelters or what I read with respect to incident reports or what I hear at the Shelter Monitoring Committee or at the shelter directors’ meetings. So perception is reality."

"Housing first" has been Mayor Newsom’s modus operandi for handling homelessness, and it’s a good one — the idea being to stabilize people, whatever condition they’re in: drunk or sober, clean or using, ill or able, young or old, alone or with family.

The city’s 10-Year Plan to End Chronic Homelessness, released in 2004, recommended 3,000 units of supportive housing to get the chronically homeless off the streets. Kayhan confirms the Mayor’s Office of Housing is on track to meet that goal through master-leasing SROs and building or renovating new affordable units, where occupants will get supportive services.

The chronically homeless, a catchall term for folks who stick to the streets and don’t or aren’t able to use the system, have been the mayor’s target and Kayhan’s priority. This makes sense because they’re the most visible face of homelessness.

Last year’s city budget allowed a tripling of staff for the Homeless Outreach Team, which works diligently to move the most entrenched homeless off SoMa side streets and out of encampments in Golden Gate Park. A special allocation of shelter beds was set aside for them, and those who refused shelter were put directly into stabilization units in SROs, bypassing the shelter system entirely.

For some, this has been great. It’s how Leonard finally started to make some progress. He bailed on the shelters after having his possessions thrown out three times by staff and hit the streets, where HOT found him, deemed him "shelter challenged," and moved him into a stabilization unit.

"I feel almost as good today as the day before I became homeless," he tells me one afternoon in January. The Bay Area native is hoping to transition into a subsidized rental soon.

Twenty-five percent of shelter staff are required to be homeless or formerly homeless. Some shelters hire up to 80 percent. Tyler is one of them — he lives at MSC South but works for Episcopal Community Services, which runs Sanctuary, Next Door, and the Interfaith Emergency Winter Shelter Program. He shows me his pay stub to prove it, and I note that every two weeks he takes home more than I do. "Yeah, I make good money," he agrees.

He’s been looking for an apartment, but rents are high and he hasn’t found anything good. A plan to move in with a family member fell through, so he’s just hanging out on the housing wait list. "What I really want to do is see what they’re going to do for me. I’ve been on [Personal Assistance Employment Services] for six months. Where is my SRO if I can afford to pay for it? So obviously that shit doesn’t work," he says.

He’s bitter about the effect the Golden Gate Park sweeps have had on the SRO stock. "They got SROs right away," he said of the 200-plus people who were removed from the park by HOT, put into stabilization beds, and transitioned to SROs. "They took them right away ’cause Gavin had to clean that shit up," he says.

Tyler, like many people I spoke with, keeps as sharp an eye as possible on City Hall. They read the papers and have opinions informed by firsthand experience about programs like Care Not Cash. They know Kayhan is making $169,000 per year and they’re making $29 every two weeks.

One morning, coming out of the bathroom at Sanctuary, I stop to study a posting for affordable housing on a bulletin board. It’s a studio for $863 per month, more than I pay for my one-room Mission flat. The longer I stay in the shelters and the more people I talk to, the less secure I feel in my economic stability.

Ruby Windspirit has been homeless since Jan. 14, two days before I started my tour of the shelters. The 59-year-old Irish Navajo was attending school in Portland, Ore., studying photography and science, when she became ill with bone cancer. She came to San Francisco to convalesce closer to her daughter, who lives in a one-bedroom apartment in the Castro with three other people.

Windspirit knew she couldn’t stay on the couch for too long and made a reservation for a $27 per night hotel in the Tenderloin. Despite the reservation, she couldn’t get in for two days and the bed she was ultimately given was two box springs with a piece of plywood for support. The sheets were dirty. She left after two weeks and entered the shelter system. She says Next Door is "150 percent better" than the hotel. She has a bed off the floor and the extra blanket her doctor recommended, though she was scolded for trying to plug in her phone.

I try to imagine what people like Windspirit would do if there weren’t shelters. But the Ten Year Council also recommended a phasing out of shelters within four to six years, to be replaced by 24-hour crisis clinics and sobering centers.

There are 364 fewer shelter beds in San Francisco than when Newsom became mayor. This year more may go. The city is currently requesting proposals to develop 150 Otis, which serves as a temporary shelter and storage space for homeless people, into permanent supportive housing for very-low-income seniors. About 60 shelter beds will be lost.

The HSA confirmed there are currently no plans to open any more shelters in San Francisco. The last plan for a new shelter — St. Boniface — fell through, and the money that was set aside for the project still languishes in an HSA bank account. Midyear budget cuts proposed by the mayor put that money on the chopping block.

Buster’s Place is also on the list of cuts. By April 15, the only place where someone can get out of the elements at any time, day or night, could be closed for good.

Kayhan, who previously oversaw Project Homeless Connect, Newsom’s private-sector approach to the problem, agreed that shelters will always be needed. What he worries about are the people who become dependant on them and refuse housing offers, although he’s also thinking about ways that shelters could be more amenable.

"I’d like to look at the next step with Homeless Connect to try and institutionalize that in the way we do business specifically in the shelters," he said, imagining a shelter pilot of one-stop shopping for services.

But just three weeks into his new job Kayhan was reaching out to constituents to try to figure out what isn’t working. He told us, "What I’m trying to do since I came into this position is be on the street and measure the impact the system is having on those that are on the street day in and day out and try to see what part of the system isn’t working properly or needs to be resourced differently so that we don’t see homeless people, long term, on the streets."

One night at MSC, in the bathroom before bed, a young woman tells me her story while I brush my teeth and she washes off her makeup. Not too long ago she drove here from Florida to meet up with her boyfriend. They were hanging out on the street one night when a cop came by, cited him for an open container, and discovered he had a warrant. Now he’s in jail in San Rafael.

She started sleeping in her Suburban while she looked for job and a place to stay. One night while she slept, parked at Castro and Market, she was hit by a drunk driver. She lifts a hank of long blond hair and shows me a bright pink tear of stitches above her temple. An ambulance took her and the drunk to the hospital. Her totaled car was towed. When the hospital found out she had no place to go, it sent her here.

"Now I’m in a fucking homeless shelter," she says, genuinely aghast at the situation and truly lost about what to do. She has her bed for five more days.

She could get a job. She says, "I have hella references," from working in restaurants for years. She could sleep in one of her friends’ cars, but it seems like so much work: waking up in the car, going to a resource center or shelter to wash up, then going to work.

We joke about living in the shelter. "Yeah, you can come over," she imagines telling her friends. "Dinner’s at 4:30."

"You’ve got to leave by 10," I say.

"It’ll be fun. We can hang out and smoke on the patio," she says.

I don’t know what else to say, except "Good luck." I know what it’s like to chase a boyfriend to San Francisco. I remember sleeping in my car when I was 21, during a strange time between graduating from college and getting a place to live for the summer in a town where housing was tight. I think about my little sister, packing up her Subaru one day and taking off to Miami, where she didn’t know a soul. You have a little money, a lot of hope, and that youthful sense of invincibility, but sometimes it all comes down to luck.

I bid her good night, pack up my toiletries, and wipe my face with my shelter-issued towel. It smells vaguely of bleach and shit.

› amanda@sfbg.com

Bryan Cohen contributed to this report.

Super lessons

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› news@sfbg.com

The Super Fat Tuesday presidential primary election in San Francisco was marked by some portentous trends and factors that could have a big impact on who becomes the Democratic Party nominee — and whether that person will be accepted as the people’s legitimate choice.

Consider the scene the night before the election. A small army of young people made its way up Market Street carrying signs and pamphlets supporting their candidate, Barack Obama, taking up positions outside Muni and BART stations and on high-profile corners to spread the message of change.

Meanwhile, inside the Ferry Building, Mayor Gavin Newsom and former president Bill Clinton convened one of several "town hall meetings" held simultaneously around the country to promote the presidential campaign of Hillary Clinton, who checked in on a satellite feed.

Among the many luminaries on hand was State Sen. Carole Migden, a superdelegate (one of 71 from California) who has not yet pledged her support to either Clinton or Obama and who could ultimately play a huge role in determining the nominee. Migden made a show of exchanging pleasantries with the former president, warmly embracing him in front of a crowd of about 250 people and more than a dozen news cameras before taking a seat nearby.

But Election Day was for the regular citizens, and once their votes were counted and analyzed, a couple of things became clear. Clinton won California with the absentee ballots that she had been banking for weeks thanks to her deeply rooted campaign organization. Her margin of victory among early voters was about 20 percentage points.

Yet a late surge of support for Obama caused him to win at the polls on Election Day, leading to his outright victory in San Francisco by a margin of about 15,000 votes, or almost 8 percentage points. It was a symbolic victory for progressives on the Board of Supervisors, who backed Obama while Newsom campaigned heavily for Clinton (see "Who Wants Change?," 1/30/08).

Obama and Clinton were close enough in California and the rest of the Super Fat Tuesday states that they almost evenly split the pledged delegates (those apportioned based on the popular vote). But if present trends continue, even after Obama’s sweep of four states that voted the weekend after California, neither he nor Clinton will have captured the 2,025 delegates they need to secure the nomination before August, when the Democratic National Convention convenes in Denver.

That means the nomination could be decided by superdelegates such as Migden, a group comprising congresspeople and longtime Democratic Party activists, from party chair Art Torres down to those with key family connections, such as Christine Pelosi and Norma Torres.

And that could be a nightmare scenario for a party that hopes to unify behind a campaign to heal the country’s divisions.

Political analyst David Latterman, president of Fall Line Analytics in San Francisco, said this election was marked by a higher than expected turnout and more people than usual voting on Election Day rather than earlier. In San Francisco turnout was more than 60 percent, including an astounding 88.4 percent among Democrats.

"In the last couple weeks there was a strong get-out-the-vote push by Obama’s people," Latterman said during a postelection wrap-up at the downtown office of the San Francisco Planning and Urban Research Association (SPUR), which he delivered along with campaign consultant Jim Stearns.

Latterman said that Obama surge, which drew out voters who were generally more progressive than average, may have been the margin that pushed Proposition A, the $185 million parks bond, to victory. It trailed among absentee voters but ended up less than five points above the 66.6 percent threshold it needed to pass.

"I don’t know if this would have passed or not if it had not been for the Obama push at the end," Latterman said.

Stearns agreed, saying, "In some ways, we should name every park in the city Obama Park."

At the measure’s election-night party at Boudin Bakery on Fisherman’s Wharf (where some of the bond money will renovate Pier 43), Yes on A campaign consultant Patrick Hannan told us he was worried as the initial results came in.

"That is a high threshold to hit," he said of the two-thirds approval requirement for bond measures.

But as the crowd nibbled on crab balls and sourdough bread, the results moved toward the more comfortable level of around 72 percent support, prompting great joyful whoops of victory.

Recreation and Park Department executive director Yomi Agunbiade acknowledged that the decision to place the measure on the February ballot rather than June’s was a leap of faith made in the hopes that the presidential election would cause a high turnout of Democrats.

"We’re excited," Agunbiade said at the party. "This was a hard-fought race that involved getting a lot of people out in the field and letting folks know what this was about — and we’re definitely riding the wave of high voter turnout."

The strong turnout helped Obama win half of the Bay Area counties, Sacramento, and much of the coast, including both the liberal north coast and the more conservative Santa Barbara and San Luis Obispo counties.

But Clinton’s advantages of socking away early absentee votes and her popularity with certain identity groups — notably Latino, Asian, and LGBT — helped her win California.

Yet Obama’s appeal reaches beyond Democratic Party voters. He got some late support from prominent local Green Party leaders, even though their party’s candidates include former Georgia congressional representative Cynthia McKinney and maybe Ralph Nader (see "Life of the Party," 1/16/08).

Sup. Ross Mirkarimi, a founder of the California Green Party who also worked on Nader’s 2000 presidential campaign, announced his endorsement of Obama at the candidate’s Super Fat Tuesday event at the Fairmont San Francisco. Mirkarimi also noted the support of Greens Mark Sanchez, president of the San Francisco Board of Education, and Jane Kim, the highest vote getter in the school board’s last race.

"I registered Green because I felt their values were closer to mine," Kim, who left the Democratic Party in 2004, later told the Guardian. "But I’ve always endorsed whoever I thought was the best candidate for any office…. I saw Obama as a candidate taking politics in a different direction that I hadn’t seen a national candidate take things before."

If Obama’s campaign can continue to develop as a growing movement running against the status quo, he could roll all the way into the White House. But it’s equally possible to imagine the Clintons using their deep connections with party elders to muscle the superdelegates into making Hillary the nominee.

Stearns said this scenario could hurt the party and the country: "I can’t imagine a worse outcome for the Democratic Party than to have Obama go into the convention ahead on delegates he’s won and have Hillary Clinton win on superdelegates."

Amanda Witherell and David Carini contributed to this report.

Cleaning up the shelter mess

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EDITORIAL Shelters aren’t a solution to homelessness. Everybody knows that; everyone agrees. But in San Francisco the shelter system that was set up as a short-term patch to address the growing number of homeless people on the streets in 1982 has, over a quarter century, become a fixture of city life. And as long as the federal government continues to abandon cities and affordable housing and create poverty, this is not likely to change any time in the immediate future. Even the most ambitious local housing program — and there will be a fairly ambitious one on the November ballot — isn’t going to create an immediate and permanent place for all of the 8,000 or so people in this city who can’t afford a place to live.

So shelters are going to be with us for a while — and it’s inexcusable that the city continues to operate them under such horrible conditions.

As Amanda Witherell reports in this week’s cover story, the shelter network is a bureaucratic nightmare. Clients get bounced all over town, it’s almost impossible to reach any of the shelters by phone, and the directions you have to follow to get a bed are complicated and confusing. Although everyone knows that shelters are now more than temporary housing, it’s hard at some shelters to get a bed for more than one night; lots of homeless people spend four or five hours per day waiting in lines for a shot at a bed (and even after that, some wind up not getting a place to sleep). The shelters — mostly run by nonprofits under city contracts — have the feel of prisons; they are strictly regimented and often unsafe and lack even basic amenities like soap. Clients often have to ask for toilet paper.

In 2006 the city’s Shelter Monitoring Committee found that only 6 of the 19 San Francisco homeless facilities met even basic standards for hygiene and sanitation. Fifty-five percent of shelter clients who participated in a May 2007 survey by the Coalition on Homelessness reported some kind of physical, sexual, or verbal abuse. One-third had no access to information in their native language. Thirty-five percent had nothing to eat.

It’s no surprise that many homeless people would rather sleep in Golden Gate Park — and as long as the abysmal conditions persist, that problem will continue.

The city’s not in the position to create luxury hotels, but it can make the shelters a lot less degrading, dehumanizing, and unpleasant. Sup. Tom Ammiano has already vowed to introduce legislation that would mandate minimal standards of care, and the Board of Supervisors needs to pass a tough bill as soon as possible.

Among the things that need to be addressed:

Basic public health The Department of Public Health is concerned that the shelters can be breeding grounds for disease, and that’s a serious problem: there have been some close calls with tuberculosis, and bedbugs are a chronic issue. Many of the shelters lack such basic supplies as hand sanitizer, soap, rubber gloves, and clean towels. For just $15,000, public health nurses from the city’s Tom Waddell Health Center, working on a pilot project, were able to make significant inroads in hygiene and sanitation in two shelters. They’re now moving on to attack bedbugs and scabies. That approach should immediately be expanded to every shelter in the city.

Safety Some of the shelters, particularly the men’s shelters, are lacking in basic security measures. It would be nice to have full-time security staff in every facility, but that might be expensive. At the very least, the staffs need more security and violence-deescalation training, the centers need to have operating and functional locks, and the city needs to mandate that the places are safe enough that clients aren’t afraid to stay there.

A ridiculous bureaucratic labyrinth and lack of coordination Nobody should have to stand in line for three hours per day just to get a reservation for a shelter bed. Nobody should have to trek across town (on foot or on Muni, without the bus vouchers that the shelters ought to be giving out) from one shelter or homeless service center to another just to find out where to stay. There ought to be a one-stop shop (or a series of them) where a person can check in anytime during the day, find a shelter, line up a bed, get a ticket, and be on his or her way. City officials don’t talk much about this, but many of the shelter residents have jobs; they go to work all day but still can’t afford a place to live in San Francisco. The hoops they have to jump through make the system brutally unfair.

A lack of reality Mayor Gavin Newsom says he wants to get beyond the shelters, to use them only as entry points into a system that will find treatment, counseling, job training, and permanent housing for all homeless people. We want that too. So does just about everyone who cares about this issue.

But the mayor also talks about getting rid of aggressive panhandling, and he and his supporters complain about the people on the streets who hassle tourists. And nobody seems to want to admit that many of the folks who are typically lumped under the term homeless actually have homes.

The city has managed to lease, renovate, and otherwise make available hundreds of single-room-occupancy rooms, and quite a few formerly homeless people have found long-term residences there. But the mayor’s Care Not Cash policy ensures that most of the modest welfare payments these people get are seized by the city for their housing, leaving them with nowhere near enough to survive. So they panhandle — is anyone surprised?

It may sound radical, but if the city, state, and federal cash grants to people who for whatever reason can’t find work were increased to a level that would support a tolerable lifestyle in one of the world’s most expensive cities, a lot of the quality-of-life problems Newsom bemoans — and that the city spends millions trying to mitigate with law enforcement resources — might go away.

Meanwhile, the shelter residents who do have jobs or who are looking for jobs spend so much of their lives trying to navigate a Byzantine system that they have little in the way of waking hours to improve their economic prospects.

The disaster that is San Francisco’s shelter system is the legacy of many years of public policy that allowed the interests of developers, landlords, and speculators to trump the needs of the city as a whole. The housing crisis isn’t going away tomorrow — but the victims have a right to a basic level of human decency. The supervisors need to make that happen, with dispatch.

Editor’s Notes by Tim Redmond

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› tredmond@sfbg.com

Mayor Gavin Newsom is all hot and bothered about the report by the Board of Supervisors budget analyst saying Newsom has taken $1 million that is supposed to pay for homeless services and Muni and used it to pay his own staff. The mayor says it’s all just a personal attack on him by the supervisors. He also says other mayors have done the same thing. According to the San Francisco Chronicle, Phil Ginsberg, the mayor’s chief of staff, called the report "bullshit." (Actually, the Chronicle, in its infinite decorum, used the term "bull-," to avoid offending the tender values of its readers.)

OK, look: there are politics going on here. The supervisors and the mayor aren’t getting along, the mayor has unleashed a rather savage attack on board president Aaron Peskin, Peskin is going after some of the mayor’s commissioners, and maybe Sup. Jake McGoldrick, who asked for the report, had some sort of political motivation. Or perhaps McGoldrick, who doesn’t tend to like this sort of bullshit, just got mad that the mayor was doing something funky with the taxpayers’ money.

Whatever. Nobody is denying the factual accuracy of the report. And if Newsom wants to make an issue of it, he ought to get beyond the politics and the accusations and just tell us:

Does he really think this is a good way to spend city funds?

Should the Human Services Agency, which is responsible for the most needy and broke people in town, be spending $95,000 per year to pay for a mayoral press aide? Does that money really help the homeless? Is there a good argument that having a media flack in Newsom’s shop defending the mayor’s homeless policies helps save lives, provide housing, or get substance abusers into recovery?

Fine, Mr. Mayor: perhaps you can elucidate it.

Was Stuart Sunshine, until recently Newsom’s chief transportation aide, really worth $203,000 per year? Did paying him that salary out of Muni’s budget help improve bus service? I dunno, maybe it did. But I haven’t heard Newsom tell me how.

Is it fair — and is it a good idea — at a time when every city department is being asked to cut back, when crucial city programs are being reduced or eliminated, when it’s going to be an ugly year for the public sector in general and San Francisco in particular, for the mayor to be filling his staff jobs on someone else’s dime?

That’s the real issue here: if Newsom thinks his high-paid staffers in his newly renovated office are doing such a bang-up job that two underfunded city agencies ought to be writing their paychecks, then the public is welcome to listen to his pitch. But there is nothing political or personal about asking the questions; that’s exactly what the supervisors ought to be doing.

Newsom is the chief executive of San Francisco. He sets the policies; he hires the senior staff. He can be upset with the legislators who are the checks and balances of his power, and he can disagree with the conclusions of a report that the board’s budget analyst has produced. But to call it bullshit when he knows it’s true (and when he knows from his own experience that Harvey Rose, the budget analyst, is widely respected for his fairness) … well, that just sounds defensive. Bad place to be, Mr. Mayor.

Mixed verdict on SFPUC appointments

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Guardian reporter Sarah Phelan reports from City Hall that the Board of Supervisors has voted 8-3 (with supervisors Michela Alioto-Pier, Sean Elsbernd and Carmen Chu in dissent) to reject the reappointment of Ryan Brooks to the San Francisco Public Utilities Commission. But in a surprising and inexplicable move, Sup. Chris Daly flipped his vote on the reappointment of Dick Sklar, providing the swing vote in favor of the nominee of Mayor Gavin Newsom. Sklar, with lots of supporters present, was approved 7-4.
Daly’s move surprised those who have sought to reject the pair and there’s now widespread speculation on what kind of deal Daly cut with the high-profile Sklar supporters (even Sen. Ted Kennedy was making calls on Sklar’s behalf), but Daly made few credible comments to reporters. Check back here later for Sarah’s full report.

P.S. The board also failed to muster the votes to block the mayor’s three new Municipal Transportation Agency appointments. All in all, it was one of Newsom’s better days at the board since he moved into Room 200.

Reject Dick Sklar and Ryan Brooks from the PUC

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By Bruce B. Brugmann

2/12/08

To the supervisors (by immediate fax and email):
It is high time for the supervisors to stand up to the mayor today and reject his PG&E friendly nominees for the PUC and PG&E’s latest attempt through PG&E’s Eric Jaye (PG&E is his client) to keep the PUC safe for PG&E for yet another generation. It is high time to start undoing the longtime policy: When PG&E spits, City Hall swims.

B3, who is watching the fumes from the ruinous Potrero Hill power plant from my office window at the bottom of Potrero Hill, courtesy of PG&E

Click to read editorial: Reject Sklar and Brooks

Click to read editorial: Standing up to the mayor

I’ll keep you posted on yet another chapter in the ongoing PG@E/Raker Act Scandal, which the Guardian and I consider the biggest urban scandal in U.S. history. If you doubt it, check our stories and editorials since l969.
B3

Newsom’s Friday Special

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Budget Analyst Harvey Rose says he couldn’t believe it when he got a call from the San Francisco Chronicle reporters on Feb. 8, asking him to comment on a draft report that Mayor Gavin Newsom had just released — five days before the Board of Supervisors was scheduled to see the report’s final, authorized version.

Rose’s draft, which Newsom did not invite the Guardian to read, reportedly slams the Mayor for taking more than $1 million a year from the budgets of several city departments, including the Human Services Agency and the Municipal Transportation Agency, and using these funds to pay the salaries of 11 staffers.

“I was absolutely appalled, because I never issued that report,” Rose told the Guardian, explaining that, in the interests of objectivity, he lets audited departments see a draft before he delivers the final version to the Board.

“It’s totally inappropriate to discuss a not yet signed report,” Rose said.

Sup. Jake McGoldrick who commissioned the report, called Newsom’s leak, “a serious breach of trust, a Karl Rovian move.”

“They wanted to spin the story their way, do a character assassination on Harvey Rose, instead of having a civil, open discussion,” McGoldrick said. “It’s not so much the report that disturbs me, as the way the Prince formerly known as the Mayor is handling the report.”

Even Newsom ally Sup. Sean Elsbernd said the Mayor broke normal auditing procedures.
“Usually, reports aren’t released until the t’s are crossed, and the i’s are dotted,” Elsbernd said.

Political football season

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› sarah@sfbg.com

With Mayor Gavin Newsom predicting a big budget deficit and seven Board of Supervisors seats up for grabs, everyone knew 2008 would be acrimonious.

But few suspected the war between Newsom and the supervisors would get so nasty so soon, even before the lunar Year of the Rat had officially dawned. The most telling development was the swift and nasty retaliation board president Aaron Peskin endured after he requested that Newsom return the $750,000 the mayor siphoned from the San Francisco Municipal Transportation Agency to pay the salaries of seven mayoral aides.

At the Jan. 29 Board of Supervisors meeting, Peskin publicly called for "an end to the budget shell game that has resulted in monies being shifted from Muni and other city departments to fund political employees who do not work for or directly improve services for the departments paying for their positions." Newsom’s predecessor, Willie Brown, was the master of such budget games, but Peskin said, "There are those who defend this shell game by saying it is a long-standing practice here at City Hall. That may be true. But it doesn’t make it right."

Peskin’s demands came at a horribly awkward moment for Newsom: two months earlier the newly reelected mayor announced an immediate hiring freeze and across-the-board cuts to city departments, citing a projected $229 million budget deficit in fiscal year 2008–09. His administration blamed this looming deficit in part on the creation of 700 new city positions, including 100 new police officers and 200 public health nurses, plus pay raises for nurses, firefighters, and police officers.

Also blamed were a projected windfall loss of property transfer taxes and a bunch of voter-approved spending requirements, including the November 2007 voter-approved and Peskin-authored Proposition A, which transfers $26 million more annually from the city’s General Fund to the MTA.

Newsom press secretary Nathan Ballard defended the use of MTA funds to pay mayoral staff salaries, claiming that all but one of the positions have a direct relationship to the work of the MTA, including the new director of climate change initiatives, Wade Crowfoot. "I know it’s not pretty, but it is an efficient way of getting city business done. We are following the letter and the spirit of the law," Ballard reportedly told the San Francisco Chronicle.

But within a week the mayor’s point person on transportation, Stuart Sunshine, announced he’ll be leaving City Hall in February, while the Mayor’s Office scrambled to explain why Brian Purchia, who developed Newsom’s reelection campaign Web site last year and who last month started working in Newsom’s press office for $85,000 per year, was hired as an MTA employee.

"The MTA has not and will not be paying any part of his salary," Ballard responded by e-mail Jan. 24 to a Guardian inquiry. "As of January 28, Purchia will be on a Mayor’s office requisition." Ballard also blasted Peskin in the Chronicle and the San Francisco Examiner, using incendiary language normally reserved for political campaigns and rarely employed by city employees talking about the president of the Board of Supervisors.

Retaliation for Peskin’s publicly announced MTA refund request has also included two splashy Chronicle hit pieces attacking Peskin and the board that ran on the front page, above the fold, on two consecutive days. One includes a photo of Peskin alongside extracts from a five-month-old letter that was possibly leaked by the Mayor’s Office (the confidential letter was copied to Newsom chief of staff Phil Ginsburg) in which Port of San Francisco director Monique Moyer alleges that Peskin made bullying late-night phone calls last August, when the Port was trying to get a measure passed to increase building heights along the Embarcadero — a land-use issue that was resolved last year.

But Peskin isn’t the only elected official to get his wrists slapped by the mayor in recent weeks.

In mid-January, Newsom upbraided San Francisco’s entire delegation in Sacramento for lending their support to the board-approved affordable-housing City Charter amendment, which will be on the November ballot and seeks to set aside $33 million annually in affordable-housing funds for the next 15 years.

As Sens. Carole Migden and Leland Yee and Assemblymembers Fiona Ma and Mark Leno noted in a Jan. 7 letter to Peskin, local voters have not approved a renewal of the 1996 housing bond, and the board’s proposed amendment builds on prior successful ballot measures to fund libraries, parks, and children’s programs, which have been successfully implemented without significant budget impacts.

But Newsom wrote the delegation Jan. 11 to express his "disappointment."

"I cannot support the Charter Amendment, because it has significant implications for the future fiscal health of our City and the backbone of our public health care system — San Francisco General Hospital," Newsom claimed, noting that the General Hospital bond is also on the November ballot. Then again, Newsom is also backing a Lennar Corp.–financed measure that would approve the building of 10,000 housing units at Candlestick Point but wouldn’t guarantee affordability levels (see "Signature Measures," page 10).

Meanwhile, fearing that Newsom is seeking to exert excessive control over several key commissions, the Board of Supervisors’ progressive majority is seeking to ensure that the seven members of the MTA board are elected officials beginning November 2009 and to divide the power to nominate members of the San Francisco Public Utilities Commission between the supervisors and the mayor.

These moves are coming at a time when Newsom has decided to replace three members of the MTA board who had alternative-transportation credibility but whose loyalty he apparently questioned: San Francisco Bicycle Coalition executive director Leah Shahum, Peter Mezey, and Wil Din. To fill those slots, Newsom appointed disabled-rights activist Bruce Oka, attorney Malcolm Heinicke (both of whom served on the Taxi Commission, which Newsom hopes to merge into the MTA this year), and Jerry Lee, a member of the Transportation Authority’s Citizen Advisory Committee.

But the Board of Supervisors can block the mayor’s MTA picks — and that showdown looks likely, in light of Newsom’s alleged misuse of MTA funds and his refusal to heed Peskin’s call for a mayoral representative to appear before the board to explain Newsom’s vision for the MTA.

Meanwhile, Sup. Jake McGoldrick told the Guardian he introduced a Charter amendment to make the MTA board seats elected positions. He argues that Prop. A not only increased the MTA’s budget but also reduced the board’s MTA oversight, so the body now needs to be more answerable to San Franciscans.

"It’s about not having accountability at the legislative branch," McGoldrick said. "The MTA ridership and residents need to have a way to voice their concerns."

McGoldrick said the mayor’s early removal of MTA members and his raid on MTA funds are troubling.

"Their removal reinforces what’s going on, how the MTA is viewed as a milking machine for the Mayor’s Office," McGoldrick said, noting that he asked for a budget analyst’s report on the MTA several weeks ago to keep the discussion objective and that he also asked for an accounting of the 1,600 to 1,700 jobs that Newsom declared frozen last fall. That report should be available at any time.

"I wanted to see which jobs were frozen and which were defrosted," McGoldrick said, "but I didn’t want it to become a political football."

However, with battles between the board and the mayor likely to get even intenser during the coming budget and election seasons, it’s starting to look like 2008 could be one long political football season.

Standing up to the mayor

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EDITORIAL Mayor Gavin Newsom spent a fair amount of time this winter on the presidential primary — but he’s gearing up to spend far more time on the local supervisorial elections this fall. He’s showing a much more aggressive attitude toward the board, particularly President Aaron Peskin, and will be looking for ways to either embarrass or undermine the progressive majority over the next few months. Then he’ll push hard for his more moderate slate this fall.

That’s what this whole flap over Peskin calling Port of San Francisco director Monique Moyer and berating her over a policy disagreement is about. Remember: the incident she’s complaining about happened more than five months ago. Moyer’s letter went to the city’s Department of Human Resources, which took it as a complaint against a city employee and kept it strictly confidential. The City Attorney’s Office also said it was a confidential personnel matter and wouldn’t release it. But Moyer copied Phil Ginsberg, the mayor’s chief of staff, on the letter, and Newsom’s office doesn’t deny that it was the source of the leak.

We aren’t excusing Peskin’s behavior; if he was abusive to Moyer or her staff, that’s a problem. (He says he called and yelled at her over the Port’s development plans, and we don’t doubt he could have been more diplomatic.) But it hardly seems to rise to the level of a major political scandal.

It is, however, plausible payback for Peskin’s very public attack on the mayor’s dubious budget moves (including the diversion of money from Muni to pay for mayoral office staffers) and for the board’s attempt to remove two of Newsom’s public utilities commissioners from office.

With this kind of pressure (and nastiness) coming from the Mayor’s Office, some of the supervisors may be tempted to avoid conflict with the still-popular Newsom, but that would be a mistake: the board needs to fight back on several key fronts.

For starters, the supervisors need to stand up to the increasingly intense lobbying campaign and vote Feb. 12 to remove Dick Sklar and Ryan Brooks from the San Francisco Public Utilities Commission. The stakes are immense, with public power and the city’s energy future on the line, and Brooks and Sklar have been on the wrong side of the key issues. The lobbying effort to save Sklar and Brooks has been unprecedented: Sup. Gerardo Sandoval, who is still officially undecided, told us that "in all my seven years on the board, I’ve never seen such intense lobbying on anything, including multibillion-dollar development projects." Sklar has pulled out all the stops, and at one point his supporters offered to have US Sen. Ted Kennedy speak to the supervisors on his behalf. It will take eight votes to oust Sklar and Brooks — and the vote will be close — but the supervisors should ignore the pressure and stand up to Newsom.

And the PUC should hold off on any decision on general manager Susan Leal until new commissioners are in place.

The board needs to keep pushing on the Muni money and Mayor’s Office staffing too — and take a hard look at the three people Newsom wants to put on the Municipal Transportation Agency. Since the mayor has fired three sustainable-transportation advocates, including Bicycle Coalition director Leah Shahum, the board should insist that the mayor or one of his top deputies appear at a hearing and explain the administration’s long-term plans for the MTA and public transit in San Francisco.

The next chancellor

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EDITORIAL In a few weeks, City College of San Francisco chancellor Philip Day will be gone, headed to Washington DC to head a nonprofit that works on college financial aid issues. He will leave behind a unionized staff that’s relatively happy (Day worked hard to get raises for the faculty), a board that’s bitterly divided, a long list of financial problems — and a legacy of bad feelings in the community. As G.W. Schultz reports on page 14, he’s also leaving behind a scandal involving the diversion of college money to a political campaign.

Three of the board incumbents will be up for reelection this fall, and the seven-member panel desperately needs more new blood. But the current board will be choosing the next chancellor, the person who will have to dig one of the city’s most important institutions out of a deep fiscal and public relations crevice. Running City College isn’t an easy job in the best of circumstances, and Day hasn’t made it easy for his successor. The board will have to weigh a long list of qualifications — but one ought to be at the top.

The next chancellor needs to be someone who respects open government and is willing to work with — not fight against — the neighborhoods, the Board of Supervisors, and other interest groups in the city. Day’s successor needs to understand that San Franciscans don’t like to be pushed around by big institutions, don’t like to be lied to, and don’t like imperious officials who think secrecy is an appropriate response to criticism.

The Community College District has a long history of making it difficult for the public to monitor what the administration is doing. After at least five years of battles, the agency still won’t adopt the San Francisco Sunshine Ordinance. Day has been recalcitrant when it comes to making documents public, and with the support of a narrow board majority he has been conducting all sorts of business behind closed doors. The administration several years ago quietly shifted millions in bond money that was earmarked for a performing arts center into building a new gym and pool, then signed an exclusive lease allowing a private school to use the pool in the afternoons. One of Day’s senior aides apparently diverted school money into a political campaign — and Day, who makes more than $400,000 per year in compensation, said the district couldn’t afford an internal auditor to keep track of that sort of money.

In Chinatown and North Beach, neighbors have been battling the college over a new campus building — and while the issues (over historic preservation, light and shadow, and appropriate height limits) are ones that could have been resolved amicably, Day’s administration has bullied the neighbors, refused to talk in good faith, and infuriated people who ought to be the strongest allies of a new campus in an underserved part of town.

If the board members want to turn the troubled district around, they need to make sure the new chancellor is willing to embrace the city’s open-government laws, do business in public, and accept that fact that in this city an agency with the powers of the state of California won’t get away will telling communities their concerns don’t matter.

Obama wins San Francisco

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California may be Clinton country, but Barack Obama has won San Francisco, home of Speaker of the House Nancy Pelosi and more than a half-dozen delegates. True, it’s a symbolic win, but symbols are what we’re looking at tonight. Mayor Gavin Newsom was a high profile Hillary backer, but the progressives on the Board of Supervisors and other bodies backed Barack. Numbers now in SF are Obama 52 % and Clinton 44% with 78 % counted.