Rebecca Bowe

Enviro justice groups spar with SFPUC on power program

A Pew Research Center analysis based on the latest U.S. Census data has found that Latino and African American households weathered deeper blows in the economic recession, driving the wealth gap between whites and minorities to an historic high. As things stand under current economic conditions, the Washington Post reports, the median net worth of a white family is now 20 times that of a black family, and 18 times that of a Latino family — roughly twice the gap that existed before the recession, and the biggest gap ever since 1984.

Meanwhile, a report issued yesterday by the Natural Resources Defense Council hit on another alarming trend, outlining the water-related challenges coastal cities will face as climate change takes its toll. The report highlights sea level rise, land erosion, saltwater intrusion, flooding, impacts to fisheries, and more frequent and intense storm events. (That’s to say nothing of wildfires.)

In San Francisco, a small group of environmental justice advocates has been working for the better part of a decade to help craft a municipal energy program with the aim of turning the tide, at least on a small local scale, to promote greater economic equality and fend off the worst impacts of climate change. Advocates from groups such as Global Exchange, the Local Clean Energy Alliance, the Sierra Club, the Brightline Defense Project, the San Francisco Green Party, and others have long envisioned CleanPower SF as a way to bolster local job creation, particularly for people who reside in the city’s low-income neighborhoods. The twin goal of CleanPower SF, also known as community choice aggregation (CCA), is to launch a local response to climate change by offering San Franciscans the option of purchasing clean electricity generated from local, renewable energy sources such as wind and solar.

At a July 26 meeting of the San Francisco Public Utilities Commission (SFPUC) in City Hall, however, it became clear that this overarching vision for the program wasn’t gaining traction with the agency that is tasked with implementing it. As the program inches closer to a review by the Board of Supervisors, advocates have reached an impasse with SFPUC staff as to how the whole endeavor should proceed.

Grassroots advocates raised concerns that the latest proposal for CleanPower SF amounted to a setup for failure, unless there was a concerted effort to plan for robust development of local green-energy sources. While SFPUC staff indicated that the current proposal would result in new jobs at call centers, advocates said more needed to be done to plan for installing local energy-generating sources which could truly bolster local job creation.

Yet SFPUC General Manager Ed Harrington said that what the advocates were asking for wasn’t realistic. He dismissed the original vision for CCA, articulated in a 2007 board-approved ordinance, as “not a realistic goal.” And he spoke in a condescending tone about the grassroots stakeholders, saying, “People saw that they would like green power to be cheaper, and therefore they believed that it was.”

Under the proposal that the SFPUC described to commissioners July 26, monthly electricity rates under CleanPower SF would be at least $7 more than estimated PG&E rates. That’s a key difference from the original draft implementation plan, hammered out in 2007, to “meet or beat” rates offered by the investor-owned utility.

The new proposal has also been scaled down considerably since 2007. As planned, CleanPower SF would contract with Shell Energy North America to begin offering 30 megawatts of 100 percent green power to just 75,000 municipal customers by the spring of 2012. That’s assuming most of the 229,000 residential account holders who will initially be enrolled will opt out; and SFPUC media relations representative Charles Sheehan noted that the full customer base would eventually roll up to the original goal of 340,000 customers. Still, the target at the outset represents just a fraction of the 360 megawatts of power for 340,000 customers originally called for, with a 51 percent renewable energy mix. Under this new scheme, electricity would be purchased through Shell on the open market, with long-term plans to develop local sources but no solid short-term goals for achieving that end.

SFPUC Commissoner Francesca Vietor asserted that SFPUC staff should continue working closely with the grassroots stakeholders and find a way to seriously plan for building local renewable sources, which could ultimately serve to drive municipal rates down and make the program more viable and competitive. “I think local build-out is a really exciting and important opportunity, and a critical piece of the CCA program,” she said.

Commissioners continued the decision on whether to approve parameters for a term sheet and submit it to the full board, pushing the discussion back until September unless a special meeting is called. Several commissioners raised concerns about the financial risk to the city, since the program would have higher rates than PG&E and is designed in such a way that a bulk of power would have to be purchased up front before the agency can determine how many customers will opt out.

“I was actually glad to hear a lot of commissioners raise a lot of concerns, especially about the financials,” Eric Brooks, a long-time CCA advocate speaking on behalf of the Green Party and an organization called Our City, told commissioners. “The more of a local build-out … the lower your price, and the lower you can get in terms of the risks.”

June Brashares, green energy director at Global Exchange, echoed Brooks’ comments in a telephone interview with the Guardian. “The proposal they’re doing now is really vulnerable,” because the higher rates will make the alternative power program less competitive, she said. “The whole reason for CCA — yes, we want cleaner energy — but the real key is the building of local energy sources to create an economic boost, and local green careers. And that’s not at the core of what the SFPUC is doing.”

This article has been corrected from an earlier version.

Anger erupts over police shootings

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rebeccab@sfbg.com

As the murky details of two recent police shootings emerge, a palpable anger surging through targeted communities points to a deeper issue than the particular circumstances surrounding each of these deaths. Simply put, many Bay Area communities are fed up with police violence.

For many activists who descended on transit stations to protest the fatal BART police shooting of Oscar Grant III, the 20-year-old unarmed Hayward man who was killed on New Year’s Day 2009, an upwelling of rage was rekindled after BART cops shot and killed a homeless man named Charles Blair Hill on July 3 in Civic Center Station.

Then, on July 16, San Francisco police officers in the Bayview shot 19-year-old Kenneth Wade Harding Jr. multiple times after he ran from the T-Third train platform because he’d been stopped for fare evasion, leaving him dead on the sidewalk.

The recent officer-involved shootings occurred under two different law enforcement bodies, and both incidents remain under police investigation with many questions still unanswered. BART police say Hill was brandishing a knife; the San Francisco Police Department (SFPD) said its response was justified because Harding fired at officers first. The investigation in Harding’s case took a bizarre twist July 21 when SFPD issued a press release based on a medical examiner’s report stating that Harding had died not from rounds fired by police, but a self-inflicted gunshot wound.

But among communities distrustful of the police, the particulars of each case seemed to matter less than the perception that officers are too quick to escalate conflicts into deadly standoffs. Both incidents provoked intense anger because they resulted in marginalized transit passengers suffering sudden, violent deaths following interactions that were initiated by police. The shootings sparked angry protests, prompting standoffs at Civic Center BART Station, along the T-Third line in the Bayview, on Valencia Street, in Dolores Park, inside the Castro Muni Station, and at the cable car turnaround on Powell Street.

A group of activists staged protests in the Mission following the Bayview police shooting, snaking through the streets as they disrupted traffic and public transit service. “The march began at Dolores Park where nearly 200 of us departed,” an anonymous post on the anticapitalist Bay of Rage website recounted, describing the events of a July 19 protest that resulted in 43 arrests. “Upon reaching the Castro Muni Station, all hell broke loose…. What had now become a mob moved effortlessly past the bewildered cops … Trash was set alight and thrown down onto the tracks below … ticket machines, the fare checkpoints, and the agent booth were all smashed with hammers and flags — totally ruined. Smoke bombs and fireworks were thrown throughout the station.”

This display occurred just eight days after protesters shut down BART stations in downtown San Francisco during rush hour to condemn the fatal shooting of Hill, the homeless BART passenger.

The message from outraged Bayview residents at a chaotic and emotionally charged community forum staged July 20 at the Bayview Opera House was not that people were upset that this had happened to Harding, a Washington state resident, in particular. Instead, people expressed outrage that police had gunned down yet another African American youth, and that unless some complicated and long-standing issues were addressed, it could happen again, to anyone. The forum was organized in partnership with the SFPD and clergy members from the Bayview. Police had prepared a PowerPoint presentation, but never managed to get that far.

At the meeting, Police Chief Greg Suhr tried to provide an explanation for the July 16 shooting. “During this foot pursuit, at some point in time, the suspect … fired at the officers, and the officers returned fire. This is the account that we have so far,” he said. “I cannot tell you how badly that I feel … as captain of this station for two years,” Suhr continued, as an angry crowd shouted him down.

Police escorted Suhr out of the meeting before everyone who had signed up to speak had a chance to be heard. Once outside, the police chief told reporters that he planned to return.

After Suhr and other city officials departed from the meeting, District 10 Supervisor Malia Cohen stayed at the Bayview Opera House and addressed the crowd that remained, she later told the Guardian, and engaged in discussion with Bayview homeowners, merchants, and other community stakeholders.

“We had a very thoughtful conversation,” she said. “People had questions about [Municipal Transportation Agency] policy over the SFPD riding the bus. We talked about the importance of attending Board of Supervisors meetings, Police Commission meetings, and giving public comment. And there will be future conversations, without obstruction.”

Many who attended the meeting voiced concerns that went well beyond the July 16 incident. Several said they believed youth were unduly harassed by law enforcement over Muni fares on a regular basis. Elvira Pollard spoke about how her son was shot 36 times by police and killed seven years ago. Another woman complained that police had used abusive language when she was arrested in the Bayview four years ago.

Mayor Ed Lee told the Guardian that a bigger police presence at the Oakdale/Palou stop on the T-Third line was part of the city’s strategy to prevent violence in that area. “I actually asked the chief to pay more attention to areas that had a history of gun violence and shootings and other kinds of violence … and it just so happens that this particular area, Third and Palou, is a place where there’s a lot of violence,” Lee said. “So we had more uniformed officers on that specifically at not only my request, but with the understanding of the police chief, too.”

Responding to acts of violence by sending in more police sounds simple enough, yet it seems a toxic environment has arisen out of a heightened police presence in a community where tensions between police and residents already run high, fueled by anxiety and bad past experiences. Add to this dynamic a trend of youth who lack other transportation alternatives riding public transit even if they don’t have enough money to pay the fare, and the situation feeds ongoing strife, particularly when fare evaders are asked for identification and searched by police.

Lee, in partnership with Cohen, called a meeting in City Hall July 19 with leaders of the Bayview community. The press was not allowed to attend, but participants said later that officials gave a presentation about the shooting and played an audio of gunfire from the SFPD’s SpotShotter program to offer evidence that Harding had fired first. Later that day, the SFPD reported that gunshot residue had been detected on Harding’s hand, supporting the police account of what happened. Yet the July 21 press release, suggesting that Harding had shot himself because a .380-caliber bullet that police said could not have come from SFPD firearms had entered the right side of Harding’s neck, made it even less clear what really happened.

By July 22, confusion was still swirling over why a gun hadn’t immediately been recovered from the scene of the shooting, and there still wasn’t any clarity on whether an online video of a passerby removing a silvery object from the sidewalk showed a person who retrieved Harding’s firearm after the shooting, as police have claimed. Police recovered a gun that was initially believed to be Harding’s, but later reported that the gun could not have been the same weapon that discharged a .380 caliber round into the victim’s head.

Chris Jackson, a Bayview resident who sits on the board of City College of San Francisco and ran for District 10 supervisor in 2010, said after the City Hall meeting that he felt it had amounted to little more than a lecture from the city’s top officials. Jackson said he perceived a need for a policy shift in terms of how to deal with fare evasion and violence prevention. “We need a better approach,” he said. “We cannot address this with more cops on the T line.”

After Harding’s death, it came to light that the 19-year-old Washington state man had served time for attempting to promote prostitution, and had been named as a person of interest in connection with the fatal shooting of a 19-year-old Seattle woman. Yet a widely circulated online video showing him writhing on the sidewalk in a pool of blood after being shot, while a handful of officers continued to stand around with weapons drawn, sparked outrage. Once the forum at the Bayview Opera House had broken up, LaDonna Callaway condemned the police response, saying, “They didn’t have to shoot him as many times as they did.”

Angelique Mayhem, a Bayview resident who stood nearby, told the Guardian that she didn’t think the meeting had solved anything. “A boy gets gunned down. We don’t know if there was a gun there, but we do know that for 40 damn years, people have been getting gunned down in this community,” Mayhem said. “People are angrier now than when they were when they walked in the door. We’re a community that’s truly in pain, that’s truly frustrated, and really needs some respect.”

Week of action for detained hikers

Family, friends, and supporters of Shane Bauer and Josh Fattal, the Berkeley graduates who have been detained in an Iranian prison for nearly two years, are organizing a week of action leading up to the men’s July 31 trial date.

Fattal, Bauer, and Bauer’s fiancée, Sarah Shourd, were arrested two summers ago along an unmarked Iranian border while on a hiking trip in Iraq. Shourd was released last fall, but Fattal and Bauer have languished in prison ever since. They are expected to face trial on charges of espionage on Sunday, the two-year anniversary of their arrest.

A campaign for their release has been in swing since they were first taken to Iran’s Evin Prison, but it’s heating up this week with an effort called Two Years Is Too Long: One Million Voices for Shane Bauer and Josh Fattal. Organizers are asking supporters to phone the Interests Section of the Islamic Republic of Iran in Washington D.C. each day, from July 25 to July 29, with the following message: “I am a supporter of Shane Bauer and Josh Fattal. I know that the two are not spies and urge you to release them and allow them to travel home to their families tomorrow.” The idea is to use a flood of (polite) phone calls to build pressure for their release.

The Interests Section of the Islamic Republic of Iran in Washington D.C. can be reached at (202) 965-4990. For more information, go here, here, or here.

Harding’s family speaks out

On July 25, the family of Kenneth Wade Harding, Jr. — the 19-year-old who was killed in the Bayview by a gunshot wound after he ran from being detained for MUNI fare evasion by San Francisco police — attended a press conference in Oakland at the law offices of John Burris.

News of Harding’s criminal history quickly surfaced in the days following his death, with reports focusing on how the African American man from Seattle had served time in prison for attempting to promote prostitution, and had been named as a person of interest in connection with the fatal shooting of a 19-year-old Seattle woman.

Harding’s mother, Denika Chatman, presented an alternative profile of her son, describing him as an independent person who cared for his family and dreamed of a music career as a rapper. Chatman said Harding had planned on attending Seattle Central Community College and would have turned 20 on Aug. 5. As for his criminal background and allegations that he violated his parole, “it doesn’t have anything to do with what happened to him,” she said.

Chatman and Pointer asserted that Harding was not in San Francisco because he was on the run. Instead, they said, he was there to visit with family and friends in the Bay Area and meet with his music manager. Chatman said Harding’s older brother is signed on with a record label in San Francisco, but declined to say which label.

Attorney Adante Pointer called Harding’s death “a tragedy and a shocking incident, which has brought us here seeking answers.” While he did not directly address the police account of the shooting thus far — that he was killed not by multiple rounds fired by San Francisco police officers, but a self-inflicted gunshot wound — Pointer did express skepticism.

“Those stories continuously shift,” Pointer said. “That’s nothing that you can build any kind of trust or credibility with.” He added, “This community is seeking some type of logical explanation as to what happened, as opposed to what amounts to be knee-jerk speculation.”

Pointer said his office had met with five eyewitnesses so far and hoped to find more. “There are eyewitnesses, there are persons in that community who’ve said this young man never fired a shot,” he said. “That’s inconsistent with what the police have said … let’s find out what the truth is.”

Pointer and Chatman were joined by members of Harding’s extended family, as well as African American community leaders in the Bay Area including Nation of Islam minister Rev. Christopher Muhammad and Rev. Renard Allen of San Francisco’s Third Baptist Church. Also present was Cephus “Uncle Bobby” Johnson, the uncle of Oscar Grant, the 20-year-old Hayward man who was fatally shot Jan. 1, 2009 by BART police officer Johannes Mehserle in a case which prompted riots. The Law Offices of John Burris represented Grant’s mother in a federal civil rights lawsuit against BART, striking a $1.3 million settlement with the transit agency in late June.  

Video by Rebecca Bowe

More questions in Bayview shooting

After receiving a San Francisco Police Department (SFPD) press release issued July 21 stating that the man who died July 16 following an officer-involved shooting in the Bayview had been killed by a self-inflicted gunshot wound, I phoned the city’s Chief Medical Examiner, Dr. Amy Hart.
 
I asked Hart to walk me through how the conclusion that the gunshot wound was self-inflicted had been reached. But Hart responded that the Medical Examiner has not reached any conclusion so far about the cause of Harding’s death.

“That’s not a component of the press release that we issued,” Hart said. “Maybe it’s a question that would be best addressed to the San Francisco Police Department, probably their homicide division. For us, the cause and manner of death are pending. So, we are going to complete our investigation before we discuss the manner of death. The question that you’re asking is something that came from the police press release, so you have to ask them the nature of why they said that.”

I called the SFPD and left a message, and I’ll be sure to provide an update once they call back.

The SFPD release stated that the Medical Examiner had detected two gunshot wounds in the body of Kenneth Wade Harding, Jr., the 19-year-old from Washington state who died after being shot on a crowded sidewalk in San Francisco’s Bayview neighborhood. One gunshot wound entered and exited Harding’s left leg, the statement said. A second gunshot wound entered the right side of Harding’s neck, and the bullet remained in his head. The round that was lodged in his head was of .380 caliber, police said, so it could not have come from a .40 caliber SFPD-issued firearm.

A .380 caliber round was discovered in the pocket of the jacket Harding was wearing, the press release added. “Based upon evidence known at this time including: officer and witness statements that Harding shot at the police officers, Shot Spotter data, video tape evidence that depicts a firearm at the scene that was subsequently taken and the location of gunshot residue on Harding’s right hand, it appears that Mr. Harding’s head wound was self inflicted,” the press release stated.

The Medical Examiner’s office hasn’t issued a death certificate yet, Hart said, and it generally takes several weeks to determine the cause of death.

I asked Hart if the Medical Examiner’s office had any way to determine which bullet had entered Harding’s body first.

“I wouldn’t say there’s a good way, except for eyewitness accounts,” she responded, adding that the Medical Examiner’s Office doesn’t have information to determine which bullet entered the body first.

While the Medical Examiner determined that the .380 caliber bullet entered through the right side of the neck, it is the ballistics section of SFPD’s crime lab that determines the caliber of the rounds, Hart explained.

When I asked Hart what process the Medical Examiner’s office would follow to determine the cause of death, she said, “It’s a completion of our investigation that will need to happen here at the Medical Examiner’s office. We’re going to make a final determination, and what goes into an investigation depends on a case, there’s no set thing that has to happen.” Eventually, she said, the various components of the investigation, such as witness accounts, the ballistics analysis, and the examination of the body will be merged.

Meanwhile, Mayor Ed Lee offered brief comments to the media today in response to the most recent findings released by the SFPD. The mayor attended a groundbreaking ceremony for the new Bayview Branch Library at Third and Revere streets, which is expected to open in December of 2012. Here’s a video of Lee’s response to the latest evidence released by SFPD:

http://www.youtube.com/watch?v=-YSz1l4mOHQ

Video by Rebecca Bowe

Lee was joined by District 10 Supervisor Malia Cohen as well as Sen. Mark Leno, Sen. Leland Yee, Sup. Scott Weiner, newly installed Municipal Transportation Agency Director Ed Reiskin, City Librarian Luis Herrera, and other prominent San Franciscans. City officials emphasized the positive at the press conference, stressing that the new library would be a center for learning that could serve the youth of the Bayview and offered hope for the future of a neighborhood in transition. “It’s not all doom and gloom here,” Cohen told reporters.

I asked Cohen if she had a comment about the police deparment’s latest findings, but she declined to say anything about it.

At this point, there are still a lot of unanswered questions surrounding Harding’s death. So far, the gun that discharged the .380 caliber bullet into Harding’s head has not been recovered by police. Police believe an unidentified man in a hooded sweatshirt who can be seen in a YouTube video picking up a silvery object off the sidewalk removed Harding’s weapon from the scene, and they say they are searching for the man and the gun. But if the object shown in the video is a gun, and it was Harding’s gun, it’s still not clear how it wound up some 10 yards away from the body after he shot himself.

Outrage at the Bayview Opera House (VIDEO)

A community meeting July 20 at the Bayview Opera House dissolved into chaotic shouting when Police Chief Greg Suhr attempted to present the San Francisco Police Department’s version of what transpired July 16 when a 19-year-old African American man was shot nine times by police and killed just blocks from where the meeting was held.

“On Saturday afternoon, two officers at the Bayview station … contacted a fare evader whose name ended up being Kenneth Wade Harding, Jr. of Seattle, Washington,” Suhr began. “After asking him for his identification, he became a little bit anxious, and at one point in time he jumped off the platform and ran across the street, and ran through crowded Mendell Plaza. I cannot tell you how badly that I feel … as captain of this station for two years. I love the Bayview community.”

At that point, angry shouts rose up and Suhr started getting booed, but he continued. “During this foot pursuit, at some point in time, the suspect … fired at the officers, and the officers returned fire. This is the account that we have so far.”

Kilo Perry began shouting back at the chief, saying, “You are not a friend of ours. You are the enemy,” before bystanders tried to calm him down. The SFPD had planned on showing a power point presentation about the incident, but that didn’t happen. Instead, Suhr was drowned out, and the microphone was passed to various community representatives and members of the clergy, who’d helped organize the meeting, as they tried to regain control. Lifelong Bayview resident Charlie Walker asked people to sit down and relax.

Several hundred people had gathered at the Bayview Opera House to get answers about the shooting, and most remained seated as people continued to swarm around the police chief. After some time had passed, community leaders managed to set up a question-and-answer session with Suhr.

From this brief exchange and venting session, it became clear that people had come to the meeting with broader concerns than just what transpired Saturday. Elvira Pollard stood to recount how, seven years ago, her son had been shot by police 36 times, and that police had claimed that he’d shot first. She said it took more than nine months to get an autopsy report. “It’s the same scenario!” she charged. “Do you really think they aren’t going to lie about this one?” Suhr said that he couldn’t comment on that case specifically since he didn’t know the details, but offered to meet with her.

As people spoke, police violence against youth emerged as a theme. Harding was not a resident of the Bayview, and it came to light after his death that he had served time for attempting to promote prostitution and was a person of interest in connection with the fatal shooting of a 19-year-old woman. But to many who expressed outrage at the meeting, his death was linked to past instances in which youth had been gunned down by law enforcement. One woman showed up wearing a T-shirt, earrings, and a handbag displaying images of Oscar Grant, the 20-year-old unarmed Hayward man who was shot and killed by BART officer Johannes Mehserle on January 1, 2009.

A concern that was voiced again and again was that people felt the police routinely harrassed youth on the T-Third line. Grilled about why police were constantly stopping young people over MUNI transfers, Suhr responded that police had recovered weapons from T-line passengers while conducting fare inspections in the past.

The meeting broke apart when Suhr was escorted out, surrounded by uniformed officers, news cameras, and angry residents who continued to demand that he release the names of the officers who shot Harding. One simply yelled, “stop shooting black people in the back!” Once outside, with beads of sweat rolling down his face, Suhr told reporters, “I’ll be back.”

Here’s a video of the tense exchanges that took place at the July 20 meeting. 

http://www.youtube.com/watch?v=l3cQwtKMsXM

Video by Rebecca Bowe

Wage theft prevention ordinance moves forward

Supervisors expressed strong support July 20 for an ordinance that a San Francisco coalition of labor advocates is pushing for to prevent wage theft and shore up protections for low-income workers. Spearheaded by Sups. Eric Mar and David Campos with Sups. Ross Mirkarimi, Jane Kim, John Avalos, and David Chiu as co-sponsors, the legislation would enhance the power of the city’s Office of Labor Standards and Enforcement (OLSE) and double fines for employers who retaliate against workers.

Dozens of low-wage restaurant workers, caregivers, and day laborers turned out for a July 20 Budget & Finance Committee meeting to speak in support of the Wage Theft Prevention Ordinance, which was drafted in partnership with the Progressive Workers Alliance. The umbrella organization includes grassroots advocacy groups such as the Chinese Progressive Association, the Filipino Community Center, Pride at Work, Young Workers United, and others.

A restaurant worker who gave his name as Edwin said during the hearing that he’d been granted no work breaks, no time off, and had his tips stolen by his employer during a two-and-a-half year stint in a San Francisco establishment, only to be fired for trying to take a paid sick day. “When I was let go, I did not receive payment for my last days there,” he said.

His experience is not uncommon. An in-depth study of labor conditions in Chinatown restaurants conducted by the Chinese Progressive Association found that some 76 percent of employees did not receive overtime pay when they worked more than 40 hours in a week, and roughly half were not being paid San Francisco’s minumum wage of $9.92 an hour.

“People who need a job and can’t afford to lose it are vulnerable to exploitation,” Shaw San Liu, an organizer with the Chinese Progressive Association who has been instrumental in advancing the campaign to end wage theft, told the Guardian.

The ordinance would increase fines against employers from $500 to $1,000 for retaliating against workers who stand up for their rights under local labor laws. It would establish $500 penalties for employers who don’t bother to post notice of the minimum wage, don’t provide contact information, neglect to notify employees when OLSE is conducting a workplace investigation, or fail to comply with settlement agreements in the wake of a dispute. It would also establish a timeline in which worker complaints must be addressed.

“The fact is that even though we have minimum wage laws in place, those laws are still being violated not only throughout the country but here in San Francisco,” Campos told the Guardian. “Wage theft is a crime, and we need to make sure that there is adequate enforcement — and that requires a change in the law so that we provide the Office of Labor Standards and Enforcement more tools and more power to make sure that the rights of workers are protected. Not only does it protect workers, but it also protects businesses, because the vast majority of businesses in San Francisco are actually … complying with the law, and it’s not fair for them to let a small minority that are not doing that get away with it.”

So far, the ordinance is moving through the board approval process with little resistance. Mayor Ed Lee has voiced support, and Budget Committee Chair Carmen Chu, who is often at odds with board progressives, said she supported the goal of preventing wage theft and thanked advocates for their efforts during the hearing. The item was continued to the following week due to several last-minute changes, and will go before the full board on Aug. 2.

Mayor Lee meets with Bayview community leaders about officer-involved shooting

Mayor Ed Lee and officials from the San Francisco Police Department met with Bayview community leaders in City Hall July 19 to discuss the police investigation surrounding a July 16 officer-involved shooting that has prompted intense community anger and protests. While city officials indicated that the meeting was called to provide information and updates for the community, frustrated community members emerging from the City Hall conference room dismissed it as “more of a lecture,” saying city officials weren’t open to hearing broader community concerns that have intensified in the wake of this tragic event.

Reporters were not allowed in the room while the meeting was held because “it’s more of a community meeting,” according to mayoral communications staff member Francis Tsang. Attendees included Bayview community leaders Chris Jackson, Geoffrea Morris, Mike Brown, Charlie Walker, Ed Donaldson, and the Rev. Amos Brown. District 10 Sup. Malia Cohen also issued invitations to the meeting, which was scheduled at the same time as the full Board of Supervisors meeting, and sent a representative.


The shooting victim was Kenneth Harding Jr., 19, from Washington. Police say he fired one round at officers before police fired nine rounds, killing him. However, some witnesses initially reported that they did not see Harding fire a gun, and a firearm wasn’t immediately recovered from the scene. Police initially tried to detain Harding on the station platform of the Oakdale / Palou stop on the T-Third line on suspected fare evasion. After Harding was killed, it came to light that he had a criminal history and had been named as a person of interest in the fatal shooting of a 19-year-old pregnant woman from Washington. The incident, which occurred in broad daylight and was captured on film and witnessed by people who were out on the street, proved to be a traumatizing event for a low-income, predominantly African American community where tensions already run high between police and residents.

Lee indicated to the Guardian that the July 19 meeting had been called primarily to clear up misinformation. “There have been a lot of stories spreading about what did and didn’t occur, and we felt it was necessary to get the community updated as quickly as possible,” Lee said. “Any time there is a death in any community we’re very concerned … this one in particular has been represented in many different ways, and a lot of it has been very inflammatory in terms of what people have said occurred. We’ve heard points like there was no gun, when in fact now we’ve found a gun through police investigation. That there was no shot made at officers when … the officers have at least some evidence through the ShotSpotter program that there was an initial shot made by the suspect.”

Lee added that MUNI staff had reported people relaying “all kinds of stories” while riding the buses. “These are very hard, hard feelings,” he said. “So I felt it necessary that we confront this head on with community leaders. We met with some yesterday, we’re meeting with some today, [Police Chief Greg Suhr] is hosting a town-hall meeting in the Bayview tomorrow to yet again find every opportunity to fully explain what they have uncovered as the evidence, and to make sure people base their views on the facts.” A larger community meeting is scheduled for July 20 at 6 p.m. at the Bayview Opera House.

Meanwhile, Bayview community leaders Chris Jackson and Geoffrea Morris were not pleased when they emerged from the conference room. “The mayor left without hearing one public comment,” Morris said. “It was just a lecture. It wasn’t addressing the police, and how they deal with fare evasion, and harass people along the T train. It was not that. It was just, the mayor said his little thing, did not say goodbye, and ran out.”

Morris went on, “We don’t have grief counselors out there. We don’t have the police saying that they’ll stay off the T-Train platform until the investigation is done. We thought this meeting was going to be for them to go, ‘where do we go from here?’ And the thing that people are missing … whatever demon that boy had, that was a human life.” Concerns are still swirling about how long it took for an ambulance to arrive after the shooting, Morris said, and about how police arrived at the scene with high-powered weapons which they kept drawn even as Harding writhed in a pool of blood on the sidewalk.

Morris and Jackson said that during the meeting, officials showed a Channel 7 TV news broadcast clip and played an audio of gunshots being fired to demonstrate that the suspect had fired an initial shot before police opened fire. “We all have Internet, smart phones, and all the footage as well,” Morris said. “I was there on the site.”

Shortly after the meeting, the San Francisco Police Department issued a statement to announce that gunshot residue had been detected on Harding’s right hand during an investigation. “The presence of gunshot residue on Harding’s right hand supports statements from witnesses that Harding held the gun in his right hand as he fired at the police officers,” the press release stated. It went on to note that the presence of gunshot residue on an individual’s hand could indicate that the individual fired a gun, or was in close proximity to a gun when it was fired, or touched something that was coated with gunshot residue.

Morris and Jackson also voiced concerns that went beyond the details of this particular case. “The response really needs to be a policy shift,” Jackson said. “We need a better approach in terms of violence prevention. We cannot address this with more cops on the T line.”

Jackson, who ran for District 10 supervisor in 2010, also questioned why police officers had been tasked with fare evasion enforcement on the T-Third line in the first place. MUNI also employs fare inspectors, he pointed out, and the city has a specialized program, called the ambassadors program, which was created last year in the wake of violence along the T-Third line directed at members of the Asian community. “Where was the public conversation about putting cops on MUNI trains?” Jackson wanted to know. “Who came up with that idea?”

Asked about this, Lee told the Guardian that he had specifically requested a higher police presence in areas where higher levels of crime were anticipated – and the July 16 shooting occurred in just such an area.

“I actually asked the chief to pay more attention to areas that had a history of gun violence and shootings and other kinds of violence … and it just so happens that this particular area, Third and Palou, is a place where there’s a lot of violence,” Lee said. “So we had more uniformed officers on that specifically at not only my request, but with the understanding of the police chief, too. He’s trying to do his best to keep everybody safe. And that in the summer, with all of the evidence that we have about where the shootings are and where they’re occurring, we naturally focus on areas where we think there’s going to be more violence to have more presence. So circumstances occurred where an individual was stopped because of a fare evasion, and I believe police were there to begin to detain him, and ask him to provide some evidence of who he is and why he did what he did, and that turned out to be a chase. A chase is one thing, but a chase with an opening of a firearm is a completely different thing.”

Meanwhile, Bayview community residents who ride the T-Third line experienced delays in recent days because MUNI operations staff decided to stop running light rail trains into the Bayview, instead dropping people off partway through the route and then directing them to wait for shuttle buses.

On July 18, a little before dark, a T-Third driver stopped at the Marin Street stop and announced that all passengers would have to wait for a shuttle bus. When passengers demanded to know why, she responded, “They’re acting up on Third Street, and our bosses don’t want us in the middle of it.”

According to SFMTA spokesperson Kristen Holland, operations staff began receiving reports around 6:30 or 7 p.m. July 18 that “there were upwards of 50 people walking on the right-of-way for the trains. As a safety precaution, our operations folks deployed buses for that portion of the line. We were told that they started at the southern terminus, and were walking north.”

This Guardian reporter hopped onto a shuttle bus with a notebook in hand after hearing that people were “acting up,” but by the time the bus made its way into the heart of the Bayview, the streets were calm. A MUNI employee who asked not to be named said he’d heard that someone had kicked in a window on one of the T-Third cars, and that was why the trains weren’t going through.

Meanwhile, the unexpected transfer left passengers weary, since for many waiting for the shuttle marked a second or third transfer on public transportation to get home. “People’s kind of frustrated. You go a few blocks, and they say it’s the end of the line. You go a couple blocks and they tell you the same thing,” said Darwin Green.

Another passenger, a youth who was with a friend and seemed concerned about the unfamiliar route the shuttle bus was taking, said, “I think it’s bullshit that they’re issuing citations. And there’s no need to shoot somebody because they didn’t have change for the bus fare.”
 
Another passenger was also disgruntled about the delays. Asked what he thought about everything that had been going on in recent days, he said, “It seems like they spend an awful lot of money in wages chasing down $2 fares.”

The long wait for sleep

7

rebeccab@sfbg.com

Rodney Palmer is 52, and he uses a cane because he has a bad hip. Walking is painful for the homeless native San Franciscan, but to reserve a bed at a shelter, he’s got to get up early and cover a lot of ground. “I get up at 4 a.m. and go to Glide” in hopes of getting a long-term shelter bed, he told the Guardian. “By the time I get there, there’s people sleeping on the ground.”

People arrive at the homeless assistance center so early because the shelter beds that can be reserved for 90 days free up at 7 a.m. on a first-come, first-served basis — and they’re quickly snapped up.

Palmer reached into his sock and pulled out a small plastic bag full of painkillers to demonstrate how he copes. Lately he hasn’t had any luck getting a long-term bed, so he’s devoting many hours a day to getting on wait lists for overnight beds. That means heading to drop-in centers in SoMa and the Mission, where at least there are chairs he can rest in. “It’s an all-day job,” he said. When it comes to waiting outside, “I feel vulnerable. People can die like that when the winter comes.”

 

BEYOND SHELTER

A coalition of homeless advocates is trying to change the way shelter beds are allocated in San Francisco, and District 6 Supervisor Jane Kim has taken up their cause, spearheading an initiative for the Nov. 8 ballot. The Fair Shelter Initiative would eliminate “shelter” from the definition of housing under Care Not Cash, the signature homeless policy created under former Mayor Gavin Newsom.

Since about 41 percent of shelter beds are set aside as housing for Care Not Cash recipients — who represent an estimated 7 percent of the city’s homeless population — advocates say the move would effectively free up long-term shelter space for veterans, disabled people, seniors, and others who don’t qualify for Care Not Cash. It would, they say, give everyone an equal shot at getting a bed.

At the same time, proponents say, it would solve a recurring problem of beds going unfilled even as shelter seekers wait for hours on end only to be turned away or to finally give up, discouraged by the system.

Cyn Bivens, a peer advocate at Mission Neighborhood Resource Center, says roughly 60 people sign up for shelter beds on a given day at his facility. People who are trying for the 90-day beds show up before 7 a.m.

“They may drop between one and five beds, but we may have 50 people in line,” Bivens explains. “Usually, by 7:15, I’m saying sorry, they’ve only dropped two beds.” People then continue to sign up all day in hopes of reserving overnight beds, which are released later in the day. Bivens estimates that about half the people who start out seeking a bed don’t wind up getting one.

While Kim and supporters of the Fair Shelter Initiative view the proposed change as a simple adjustment that would improve a dysfunctional system, they face opposition from Mayor Ed Lee and Human Services Agency Director Trent Rohrer, who have described it as a bid to dismantle Care Not Cash.

 

$59 A MONTH

As things stand, several hundred indigent adults in San Francisco benefit from County Adult Assistance Programs (CAAP), an umbrella encompassing General Assistance and several other programs intended for people who are waiting to receive Social Security Income (SSI) or seeking employment.

Each month, CAAP beneficiaries are allocated a maximum of $422, or $342 in the case of General Assistance recipients, but they never actually see that money. Instead, under Care Not Cash, they receive $65 and $59, respectively, since the rest is deducted for housing. Some CAAP recipients have actual housing in single-room occupancy (SRO) hotels, but roughly two-thirds are guaranteed shelter beds to meet their housing needs, according to an estimate from the Coalition on Homelessness.

The upshot of this system is that most CAAP recipients are effectively made to pay up to $357 a month from their benefits to sleep on a cot in a shelter, provided they make it there by curfew. For one frustrated homeless man on General Assistance who spoke at a July 14 hearing about the proposed initiative, living on less than $2 a day rather than closer to $11 a day was making it very difficult for him to improve his situation.

“I’m trying to look for work,” he said, adding that he’d seen job postings in other cities. “How am I going to subsidize my trip to Emeryville or San Jose? I’m stuck, and there are things that I cannot do.”

Mark Leach, another homeless CAAP beneficiary, said the low cash grant posed a vexing problem for him too: “I can’t afford to pay my phone bill.” Living on nothing more than $65 a month can mean living in isolation, with no way to receive calls in case work becomes available.

Another issue arising from the current system, according to Bob Offer-Westort of the Coalition on Homelessness, is that a disproportionately high number of beds are reserved for the relatively small number of CAAP recipients citywide, and those program beneficiaries don’t always use their beds. Some don’t make it to the shelter in time for curfew, others couch surf, and still others may prefer to sleep outside, far from the confines and crowds of the shelters. If they don’t show up to claim the bed, it will eventually become available to someone else for the night — but that can take hours. So people who either aren’t enrolled in CAAP or don’t already have long-term beds are reduced to waiting, day after day, for space to free up overnight.

If the Fair Shelter Initiative were in place, CAAP recipients “won’t be guaranteed a shelter bed” as part of Care Not Cash, says Offer-Westort. “But they’ll be competing for more beds,” he added, which “should reduce the wait time.”

In the meantime, CAAP recipients who aren’t being housed in SROs or some other transitional housing would receive the full amount of their benefits. Rohrer, the HSA director, seized on this point as problematic, saying that doling out the full cash grants would draw people to San Francisco from other counties where benefits are lower. “If we start to get folks from other counties and states … the result will be more homeless people in San Francisco and less access for folks,” Rohrer said.

Jennifer Friedenbach of the Coalition on Homelessness countered this, saying, “they have never been able to prove that people will come from out of town.” She addressed the notion that the Fair Shelter Initiative would dismantle Care Not Cash by saying, “It’s news to me — big news — that shelter is the entirety of Care Not Cash.”

Opponents of the measure who spoke at the hearing argued that $422 a month was too much to give to a homeless person because it could feed addiction. While it’s true that many homeless people in San Francisco have substance-abuse issues, many others are disabled or have just fallen on hard times. Advocates say they’ve noted a surge in newly homeless people accessing services, particularly women.

 

HUNDREDS OF BEDS CUT

Compounding the overall problem is that more than 300 shelter beds have been lost since 2004. During the hearing, L.J. Cirilo ticked off a long list of homeless service programs and facilities that had vanished in recent years due to budget cuts, going on for several minutes.

Palmer falls into the category of people who might benefit from a shorter wait time if Kim’s initiative were in place. He was just one of many who turned up at the Mission Neighborhood Resource Center — a homeless drop-in center that offers a clinic, shower, and laundry facilities — to watch a movie and eat supper. Two of the others there said they had experienced traumatic brain injuries and had been victims of identity theft. A construction worker explained that he was seeking odd jobs with little luck. Another man shuffled impatiently back and forth as he spoke, scratching incessantly, while he condemned the entire homeless services system as corrupt.

The measure has drawn opposition from Mayor Lee, who is “concerned that changes to Care Not Cash may begin a process that would unravel the program,” according to Christine Falvey, Lee’s spokesperson. “He wants to make sure we don’t do anything to prevent our department from providing the program.”

Falvey also noted that Lee was interested in meeting with advocates to find an administrative fix, rather than a ballot initiative, that could address concerns about the shortcomings of the shelter system. Kim expressed some openness to that idea at a hearing, but seemed committed to moving forward with changing the system that’s in place. “We do want to address inequity,” she said. “There absolutely should be no vacant beds.”

Big solar, little solar

4

rebeccab@sfbg.com

At a business conference this past May hosted by Wired Magazine, Bill Gates, the billionaire chair of Microsoft and an influential philanthropist, offered his two cents on solar energy. “If you’re going for cuteness,” he told Wired, “the stuff in the home is the place to go. It’s really kind of cool to have solar panels on your roof. But if you’re really interested in the energy problem, it’s those big things in the desert.”

Those big things in the desert are solar farms, designed to concentrate energy from the sun using arrays of mirrors or parabolic troughs spanning vast swaths of land. They’re green versions of the types of power plants big energy companies have always relied on — centralized, dependent on transmission lines, and requiring billions of dollars in investment. Some rely on water from desert aquifers for cooling, cleaning, and steam generation. Yet the plants can replace electricity that traditionally has been derived from burning coal, representing a significant advancement away from fossil fuels.

It’s too early to say whether California’s energy future will follow Gates’ maxim that rooftop solar is “cute” while desert solar represents the serious stuff. Others have argued just the opposite, and momentum is building on both fronts. Gov. Jerry Brown has endorsed the idea of installing 12,000 megawatts of rooftop solar, and was expected to bring stakeholders together in late July to discuss how to accomplish that goal.

At the same time, large-scale desert solar is attracting billions in investment, and big-name companies such as Bechtel, Chevron, AECOM, and Pacific Gas & Electric Co. are engaged in its development. The California Energy Commission approved nine desert solar-thermal projects last year, capable of producing 4,100 megawatts.

As California moves toward fulfilling a mandate of generating 33 percent of electricity from renewable power sources by 2020, there’s bound to be a political edge to solar development too. Giant utility companies profit by sending power along their transmission lines from desert solar farms to the grid. On the other hand, if energy-conscious customers generate more power than they use with rooftop solar panels, the utility company has to cut them a check. So there’s little incentive for utilities to encourage customer-owned, distributed generation of renewable power.

Jeanine Cotter, CEO of San Francisco-based Luminalt, a small solar installer, says it takes her work crew about a day and a half to mount new panels onto a rooftop. “That will produce power for that home for the next several decades,” Cotter notes. “It’s a rapidly deployable technology that is durable and will last a long time.”

Cotter practices what she preaches. “At my house, if you turn on all the appliances, you can look at the meter and see that we’re still relying on PG&E to bring us power,” she says. Cutting down results in the meter showing that the panels are producing electricity for the grid.

Self-empowerment is a major draw for proponents of rooftop solar. “The choice is pretty clear: pay for the ongoing cost of remote central-station renewable power or pocket the savings of locally-generated renewable power,” Al Weinrub of the Sierra Club writes in a pitch for decentralized solar generation in a January 2011 report. “Businesses with large rooftops or parking lots can become small power companies that feed electricity into the grid. Community cooperatives can pool the rooftop area of their neighborhoods to form, for example, an East Oakland Power Company.” The revenue could be rolled into job creation and more green-energy development.

Rooftop solar has gained traction in California over the past five years with a $3 billion program to subsidize installations. The California Public Utilities Commission recently touted the California Solar Initiative (CSI) program’s success — a 47 percent growth in installations since 2009. All told, the Golden State boasts 924 megawatts of solar generation capability, installed at 94,891 locations. Consultants for the California Public Utilities Commission found that 11,543 megawatts of solar could be generated on large urban rooftops statewide, while another 27,000 megawatts could be generated on empty lots near rural substations.

The potential is huge, but a cost barrier remains. Even with incentives, residential solar remains largely inaccessible to people who aren’t rich enough to own property or finance the upfront cost. In San Francisco — recently declared the greenest city in North America by Siemens — roughly 70 percent of residents are renters who almost never have the option of going solar. Proponents of desert solar farms claim that the large-scale, centralized technology offers something that rooftop panels can’t — the potential to bring renewable energy to the masses.

The largest desert solar plant under construction worldwide is BrightSource’s Ivanpah plant, which Bechtel is building in the Mojave Desert. Spearheaded by an Oakland company, the plant uses sunlight and mirrors to generate steam to power a turbine. The energy will flow onto the grid to serve PG&E and Southern California Edison customers. It’s a dramatic improvement compared with burning coal, but there are other issues. On a yearly basis, it will use enough groundwater in the arid desert to cover 100 acres, one-foot deep. And it riled environmentalists who worried that it would affect the habitat of an endangered tortoise.

No one disputes that on a per-watt basis, it’s cheaper to install desert solar than rooftop solar. According to estimates from Go Solar California, it costs more than $8 per watt to install small-scale rooftop solar systems, while recent costs for desert solar farms have been calculated at around $4 per watt. “Because they have the economy of scale, they can be built at less cost,” notes John White, executive director of the Sacramento-based Center for Energy Efficiency and Renewable Technologies.

Yet a renewable energy expert who formerly worked for the California Energy Commission (CEC) says comparing costs of desert and rooftop solar from the point of view of the customer tells a different story. In April, Sanford Miller delivered a presentation at UC Davis that could have been considered subversive. His analysis essentially found that ratepayers shell out less to subsidize rooftop solar installations than they do to finance the purchase of energy from desert solar farms once the full cost of transmission and environmental mitigation are factored in.

“From a ratepayers’ perspective, rooftop solar would be significantly cheaper than the desert solar,” Miller says. When he sent his findings around to his colleagues at the CEC, “no one disputed it,” he said. “But the view was that desert solar was inevitable.”

But that still leaves the question of who can afford solar — and this is where Tom Price, former executive director of Black Rock Solar and now part of a solar investment firm called CleanPath, believes he’s found a middle way. As things stand, every utility customer chips in to subsidize the cost of individualized solar panels for the lucky few who are installing them, he points out, and those same customers are footing the bill for energy companies to buy power from giant solar farms. He’s pushing the Community Solar Gardens bill as an alternative.

Introduced as Senate Bill 843 by Sen. Lois Wolk (D-Davis), the bill would allow any customer to purchase a subscription to a centralized renewable energy facility, and receive credit on their utility bill in exchange for the monthly fee.

White takes the view that all the different solar technologies are needed — rooftop, desert, and “intermediary” — the kind of small-scale, centralized facility that is located closer to the customers who will use it, like the solar array at the Sunset Reservoir in San Francisco. “After Fukushima [Daiichi Nuclear Power Plant in Japan], we need to begin talking seriously about reducing our dependence on nuclear power,” White says. “When you look at what we’re trying to replace and what we’re trying to avoid, it’s like we’re trying to assemble a new portfolio.”

 

BART service disruptions as protesters call for transit police to be disbanded (video)

Rush hour on the BART system in downtown San Francisco was royally screwed up for several hours July 11, and for protesters who paced along station platforms chanting “No justice, no peace!” and engaging in verbal clashes with transit cops, that was the point. The group, after all, is called No Justice, No BART, and they were there to pressure the agency in the wake of a BART police shooting.

The protesters were there to call attention to the fatal July 3 shooting of Charles Hill, a man who had no permanent address. The BART passenger was gunned down roughly a minute after two transit officers responded to a call from a station agent.

Things started heating up at around 5 p.m., when protesters who had gathered at Civic Center Station, the place where the shooting occurred, moved in a procession up and down the platform, chanting. According to fliers handed out to all the participants, the plan was for groups to board and exit the train cars together.

“None of this is really a question of public opinion — nobody here is in favor of people being shot down,” an organizer said into a megaphone at the beginning of the protest. “The question is, what is it going to take to make it stop?” To cheers and applause, he said, “We’re here today to take action to stop the BART police from killing. We don’t think the BART police should exist. There’s a mobilized angry public that isn’t going to take this shit anymore.”

Here’s what happened when the group tried boarding the first train:

http://www.youtube.com/watch?v=6axP9OO3sCc

The video was captured by Josh Wolf.

BART Deputy Police Chief Daniel Hartwig was in the thick of it all. The chaos prompted police to shut down Civic Center Station and order everyone to leave. Once a dispersal order was issued, protesters and media exited the station, and passed by a line of officers from the San Francisco Police Department that had formed on the street.

The march then proceeded down Market Street to Powell station, and many activists boarded a train there, then exited at the 16th and Mission Street Station. With police and media still trailing behind, they proceeded back downtown on foot.

A second standoff occurred around 7 p.m. at the cable car turnaround, just outside Powell Street Station, much to the bewilderment of shoppers who gathered outside The Gap and Forever 21, clutching their shopping bags. Wearing helmets and holding nightsticks ready, police stood in a line to block off Powell street, facing protesters who were congregating in the plaza.

Tensions ran high as chanting continued and people shouted at police. At one point, a young mother who held her three-year old son started shrieking at police, enraged. She said that an officer had taunted her by saying, “Bang, bang, we’ll come.”

No one was arrested while the crowd remained in the plaza, but after mostly everyone else had left, a man who had joined in the protest was taken into custody and charged with being intoxicated in public.

Earlier in the afternoon, at Civic Center Station, Laura Wolterstorff held a photograph of Hill that she had found online. “This happens often in our city, not only with BART police, but with the SFPD as well,” she said, adding that she works with people who are struggling with homelessness and mental health issues. In the case of transit cops, “Is it necessary to have a police force that carries guns?” she asked.

Another woman who joined the protest at Civic Center, who gave her name as Miriam, said flatly, “I think if he was wearing a suit, he wouldn’t have been killed.”

Details about why transit police fired at Hill three times about a minute after arriving on the scene are sketchy. While the police have justified the shooting by saying he was brandishing a knife, the agency has yet to release a surveillance video of the incident.

One month to read a 1,600-page DEIR on the America’s Cup: Ready, set, go!

Members of the public will have a chance to offer feedback on the massive draft environmental impact report (DEIR) for the America’s Cup at the Planning Commision on August 11 — one month from the date of the DEIR release, July 11. Anyone interested in weighing in on far-reaching plans for the Northern Waterfront during the world-famous sailing matches in 2012, 2013, and beyond ought to download the report now and start diving in. To absorb the whole thing, you’d have to read 53 pages a day.

Representatives from the Port of San Francisco, the Office of Economic and Workforce Development, and America’s Cup Race Management gathered in San Francisco City Hall July 11 for a briefing on the landmark document. Race organizers are aiming to wrap up the environmental review process by the end of the year.

Iain Murray, CEO of America’s Cup Race Management, spoke about the history of the regatta, the sailing events planned around the globe from now until the 2013 match, and the challenges even the world’s most skilled sailors will encounter while learning to pilot the specialized America’s Cup vessels.

Brad Benson of the Port of San Francisco explained that Pier 27 would serve as a primary public viewing area during the event and a focal point for city activities during the match, complete with spectator vessels. He also noted that preparations for the race would involve dredging and sub-structure improvements at Piers 30-32, which would house cranes for lifting the giant boats in and out of the water.

Yet none of the speakers spoke directly about the findings of the DEIR.

“What we’d like to do is let the document speak for itself,” said Michael Martin, America’s Cup Project Director, after a reporter asked him to provide a summary. Martin also noted that a number of locations were being studied as areas where members of the public could congregate during the races, including Crissy Field, Aquatic Park, and Fort Mason. Alcatraz would likely be used for private events, he added.

The DEIR is a hefty document which we’ve barely begun to peek at. It encompasses plans not only for the America’s Cup, but a two-story, 91,000-square foot cruise terminal at Pier 27 that would serve ships carrying as many as 4,000 passengers. (The green shoreside power hookup there, as we reported last week, will be temporarily disabled, negatively impacting air quality.)

If the proposal is approved as written, the core and shell of the cruise terminal would be built to house the America’s Cup operations as part of the America’s Cup Village at Piers 27-29. After the 2013 events, the rest of the facility would be completed.

Meanwhile, a coalition of environmental organizations that have been involved in the planning process released a statement expressing “guarded optimism” about the DEIR. Made up of representatives from San Francisco Baykeeper, San Francisco Tomorrow, and the Turtle Island Restoration Network, the groups signalled that they would be keeping a close eye on issues such as traffic congestion, the impacts of crowding near sensitive habitats in the Presidio and other viewing areas, carbon-reduction plans, and impacts to Bay water quality and marine life.

“Our organizations are committed to a green and carbon negative event and this is just the first step in ensuring that we get that,” said Teri Shore, Program Director of Turtle Island Restoration Network. “We need to have a thorough understanding of the impacts of the event, how they will be mitigated, and who will pay.” 

During America’s Cup, clean-air program takes a step backward

A $5 million clean-air program along the San Francisco waterfront will be temporarily halted to accommodate the America’s Cup, prompting criticism from environmental advocates.

In October of 2010, representatives from the Port of San Francisco joined former Mayor Gavin Newsom and Princess Cruises to unveil a shoreside power installation at San Francisco’s Pier 27 for cruise ships transporting tourists to the city. The fourth system of its kind ever installed, the shoreside power hookup was touted as a way to improve local air quality by supplying passenger vessels with municipal power, making it unecessary for ships to run large diesel generators while at dock.

The U.S. Environmental Protection Agency provided $1 million to finance the emissions-reduction project. Additional financing came from the San Francisco Public Utilities Commission, the Bay Area Air Quality Management District, and Port capital funds.

Modern cruise ships use between 6 and 12 megawatts of power. The Port estimated that 19.7 tons of carbon dioxide would be reduced for every 10-hour ship call, while harmful air pollutants such as particulate matter, nitrogen oxides, and sulfur oxides would be cleared while diesel generators were shut down. The shoreside power was fed by San Francisco’s gravity-based Hetch Hetchy Water System, a relatively green energy source.

The environmental gains from shoreside power could be temporarily lost, however, when America’s Cup racing teams take over Pier 27 in 2012 and 2013 during the high-profile sailing events.

“With just one stroke of a pen, it’s gone,” said Teri Shore, program director at the Turtle Island Restoration Network (TIRN), based in Marin County. While the shoreside power hookup is disabled, “The ships will be coming in and parking, and running their diesel engines” at other waterfront piers.

The Port had already anticipated temporarily halting the shoreside power for a year during construction of a Pier 27 cruise terminal, Brad Benson of the Port of San Francisco told the Guardian. “Assuming there were no America’s Cup, it would already not be in operation … for approximately one year,” he explained. After a year of construction that will mark the first phase of the cruise terminal project, the America’s Cup will move onto the site, he said. “As a result of the America’s Cup, shoreside power is not going to be available for one year.”

By 2014, when cruise ships will be required by state law to have the ability to plug in at the shore rather than run polluting generators, the shoreside power will be in operation again, Benson added. The America’s Cup Event Authority — the primary race organizing team — has agreed to finance a $2 million relocation cost.

Shore, who is working with a coalition of environmental advocates that’s closely watching America’s Cup plans, said she hopes to see the city find some way to offset the impacts from the lost air-quality improvements. As long as ships’ generators are running, “there’s an exposure level,” she pointed out.

Benson said the port is starting to look at how it could offset the impacts, saying there might be ways of reducing carbon outputs during the event in order to make up for the lost emissions reductions. “I can’t tell you whether we could achieve the same level of emissions reductions that shoreside power would provide,” he said. “It’s very effective.”

On Monday, July 11, the city is expected to release a draft environmental impact review for the America’s Cup project.

Ghost Fleet wanderers

5

Scott Haefner, Stephen Freskos, and Jon Haeber aren’t the types to stand out in a crowd. Haefner is a web developer, Freskos supervises projects for an engineering firm, and Haeber has a desk job at a company that helps businesses hit high on Google — three straight-laced Bay Area professionals who blend readily into the corporate world.

But everyone’s got their thing — a way to break out of bounds, or scratch the itch of some incessant curiosity.

For these three friends in their late-20s to mid-30s, their thing entails prowling around in rundown deserted places by the light of the full moon, at times taking great pains to avert detection by security patrols. “We go into places that most people don’t go,” Haefner says. They’ve been traipsing into the unknown and documenting their discoveries together for years, motivated as much by art as adrenaline.

This past May, after weighing the consequences, they publicized one of their boldest excursions yet: Sneaking aboard the Mothball Fleet in Suisun Bay to spend entire weekends roaming the bowels of the mildewed vintage ships, while dodging the beams of patrol-boat searchlights.

Unlike many nocturnal wanderers magnetically drawn to abandoned spaces — squatters, taggers, or scrappers, for instance — they don’t break in, vandalize, or steal. Instead, they adopt the same sense of reverence in decaying, chemical-laden industrial places that conscientious hikers assume on backwoods trails. They shoot night photos with professional quality gear, occasionally using flashlights to achieve a technique called light painting.

Haefner, Freskos and Haeber consider themselves advanced practitioners in the art of urban exploration (a.k.a. urbex or UE), an underground activity that’s grown trendier as it draws in adventuresome novices. Now that they’ve publicized their caper aboard the Mothball Fleet, however, they’ve also come under the watchful eye of the feds.

 

EXPIRATION DATE

At first they thought it was a pipe dream. Doubting their ability to access the Mothball Fleet was saying a lot, considering they’d once snuck onto the Vandenberg Air Force Base and wandered amid abandoned missile silos, absorbing the gravity of the military history those Cold War artifacts represented. Another time they’d managed a nighttime excursion to Neverland Ranch, the famed private amusement park of the late Michael Jackson.

But the ghost ships moored at Suisun Bay seemed out of their league. The rows of hulking, government-owned vessels were locked up and berthed offshore, surrounded by a security headquarters and a shoreline barricade plastered with “No Trespassing” signs. Patrol boats equipped with searchlights circled the docks 24 hours a day, and the prospect of climbing aboard without being spotted seemed crazy.

But then they got word that the last of the aging ships would soon be towed away and destroyed. For Haeber, the history nut of the bunch, this changed everything. “It was about the urgency of making sure these ships were documented,” he explained. “Getting them in the current state that they’re in is so important.”

Alternatively known as the Mothball Fleet and the Ghost Fleet, the ships are part of the National Defense Reserve Fleet, a collection of cargo ships, tankers, and military auxiliaries overseen by the U.S. Maritime Administration (MARAD). Created in 1946 to be ready for deployment in case a national emergency arose, the fleet consisted of 2,277 ships at its height in 1950, strategically stationed at eight anchorages nationwide. For most of the vessels, the call to service never came, and they declined into obsolescence. By April, the entire fleet had dwindled to just 178 ships, at dock in Suisun Bay; Fort Eustis, Va.; and Beaumont, Texas.

The ships that have been moored at Suisun Bay for decades have long since deteriorated, and now they’re being hauled off to the scrap yard bit by bit, though the spot will continue to serve as an anchorage for newer additions to the National Defense Reserve Fleet.

Some were constructed in the World War II era, while others date back to the 1960s and 1970s. While many are tankers or merchant vessels, there are also warships, relics of history deployed in World War II, the Korean War, the Vietnam War, and Operation Desert Storm.

Many of the roughly 70 dilapidated ships have become ecological hazards, leaching toxins and heavy metals into the tidal estuary, which flows into San Francisco Bay. The monumental task of removing and dismantling them began late last year, providing badly needed blue-collar jobs on Mare Island, in the economically depressed city of Vallejo.

By 2017, the last of the ghost ships will have met with torch cutters. At least one will be salvaged: the USS Iowa (BB-61) — a 1938 lead battleship that shuttled President Franklin D. Roosevelt to and from the Tehran Conference during World War II — will be donated and turned into a museum.

Aside from being scrapped, outmoded ships meet with a variety of fates. Some are donated for educational use while others are deliberately sunk to create artificial reefs. Still others are used for target practice in the Navy’s sink-at-sea live-fire training exercises program (SINKEX).

“We saw that these things were going to be gone,” Haefner said. “So we planned it out.”

Haeber examined satellite imagery on Google Earth. Freskos, who’d spent time at sea, studied the tidal patterns. The three scoured the Internet for online photos of the Ghost Fleet. They conducted a scouting mission with binoculars in hand, and gained a sense of when they could take advantage of windows of opportunity between the 30-minute patrol boat rounds.

Long before they even discovered a navigable slough that snaked through a marsh into Suisun Bay or spotted the Craigslist post advertising an inflatable raft for sale, Freskos went up to shoreline gate where the “No Trespassing” signs were posted. He peered through at the tantalizing rows of mothballed ships, and hollered as loud as he could. Nobody responded.

 

DECAYED TIME CAPSULES

After the months of planning left them confident that it was indeed possible to access the Mothball Fleet, the trio of photographers set out for their first visit, with about 700 pounds of gear in tow. They split the cost of a 12-foot inflatable Fish Hunter raft with a Minn Kota trolling motor. They carried the raft and their gear through a muddy expanse to a marshy spot where the low-profile craft could be set into a narrow slough, safely out of view.

“We always went on or exited at nighttime,” Haefner said. “We would go on nights near the full moon so we could take pictures. It makes it look even more ghostly.”

Their first target was Row F, a line of ships docked in a straight shot from where the slough filtered into the bay. They maneuvered down the narrow channel in their raft, dodging submerged obstacles along the way. Keeping tabs on the whereabouts of the security boat, they started rowing once they reached the open water, and managed to bridge the 800-foot distance to the first ship.

“Our plans were kept secret to all except our loved ones,” Haeber wrote in an online account of that first excursion. “Nobody, other than my girlfriend, knew exactly where I was that weekend. For all intents and purposes, I was on a fishing trip with some friends.”

“Keep Off” signs announcing an invisible 500-foot barrier that was not to be breached were affixed to the hull of every ship. The intruders maneuvered their raft between two Coast Guard cutters, Planetree and Iris, and tied up.

“It can be kind of a challenge getting on,” Haefner explained. “We’re risking ourselves, obviously, but we also brought a bunch of expensive camera gear.” He was the first one to climb aboard the Iris, reaching high to grab onto a bumper that he could then pull himself up on to gain access to the ship. While Freskos kept watch, Haeber handed the gear up to Haefner bit by bit. Once all three were aboard with their backpacks and camera equipment, they hauled up the raft and deflated it.

The Iris was commissioned in 1944. In 1970, it responded to the scene of an oil-rig fire in Galveston, Texas. In 1987, it assisted with cleanup operations in Prince William Sound after the Exxon-Valdez spill. It was decommissioned in 1995, so their entrance likely marked the first time anyone other than MARAD employees had been aboard in 16 years.

A handy feature of ghost ship exploration is that once aboard a ship, it’s possible to access any ship along the entire row, thanks to gangplanks connecting the vessels. So while many of the mothballed vessels were completely secured, there was always the chance that the next one down would have an unlocked entranceway. Part of the ethos of urban exploration is to avoid breaking anything, so they only accessed the interiors of unsecured ships. “They are fairly vigilant about keeping doors locked up tight,” Haefner said. “But there are just so many doors.”

Haeber found a single open door on the SS Exxon Gettysburg, a mammoth oil tanker constructed in 1957, and entered the ship alone, enthralled. The interior, he later wrote, smelled like a mix of mold, benzene, and soggy newspaper. He turned on his flashlight and began tiptoeing through the corridors and peering into the cabins. “They were like time capsules, untouched since the 1970s,” Haeber said.

“Some of the ships were 15 stories deep, like a maze,” Freskos said. “We’d get lost inside.” The trio split from Row F before sunrise and managed to get back to the slough without any mishaps, but they returned on a handful of other occasions with sleeping bags and enough food and water to last a weekend. On those subsequent journeys, they’d seek out places to sleep, often crashing in the once-luxurious captain’s quarters. They slept by day, so that entire nights could be devoted to wandering in awe of the decayed, post-apocalyptic industrial environs, shooting hundreds of photographs.

They visited rooms where crews once hung out playing board games, still littered with cigarettes. They photographed molded interiors, dark cavernous stairwells, engine parts, navigational equipment, and abandoned cabins with peeling wallpaper. “We found personal letters, cards, things people left,” Haefner said. “We were always looking for signs of life.” They wandered through mess halls, engine rooms, bathrooms, galleys, even chilling places with operating chairs and overhead spotlights. They climbed around on the decks in the open night air, wandering through derricks and cranes.

The old ships would make eerie creaking noises when the tide rushed in, and there was always that mild sensation that one experiences on a boat, of things not staying still. “It was like a cacophony of sound when the current was coming in,” Freskos recalled. Hawks, osprey, and owls nested aboard some of them, so the creaking noises were sometimes accompanied by screeching birds of prey.

“The place is steeped in history,” Freskos said. “I’d always think of what this room was used for, or what went on here, when people were experiencing the suffering, craziness, and nervousness of war.”

 

HIGHLIGHTS AND HAIR-RAISERS

A highlight of their journeys aboard the Mothball Fleet was stumbling across the sleek black Sea Shadow, a stealth ship, which was ensconced within a barge on Row G. Shrouded in secrecy, the angular vessel was developed by Lockheed for the U.S. Navy to test how low of a radar profile could be achieved, and it served as inspiration for a stealth ship featured in a James Bond film. According to the MARAD website, “Sea Shadow was constructed and tested under a high degree of secrecy; until the Navy made its existence public in 1993, all tests were conducted at night.” The ship entered the Suisun Bay Reserve Fleet in September 2006.

They also found their way aboard the USS Iowa, which bears the distinction of being the only U.S. Navy warship ever outfitted with a bathtub, so FDR could have a soak while crossing the Atlantic. While they didn’t manage to go inside, an eerie photograph of three enormous guns on deck conveys the magnitude of the battleship.

One of Haeber’s most cherished discoveries was a three-story-tall mural he photographed inside the SS President Lincoln, an American President Lines ship constructed in San Francisco in 1961. An early version of a containerized cargo vessel, the Lincoln doubled as a cruise ship catering to a small number of elite passengers, and remnants of the elegant interior décor remained. The ship has since been hauled to the scrap yard.

It wasn’t always smooth sailing for the three urban explorers. Once they narrowly dodged a work crew aboard a ship — “but we saw or heard them before they saw us,” Haefner said. Another time, while paddling back to the slough, they discovered their raft was punctured and had to manually pump air into it as they traveled. Then, at the tail end of their final journey to the Ghost Fleet, they found themselves fully illuminated by the dreaded patrol-boat searchlight for a full 10 seconds. They froze, convinced they’d been caught. But nothing happened, so they powered up and rowed like hell to get back ashore, and never returned.

Of course, posting interior photographs of the Mothball Fleet all over the Internet and delivering a public slideshow about their sneak-aboard escapades has attracted the attention of the federal government. “The Department of Homeland Security has been looking into it,” said Haefner, who can tell by monitoring web traffic on his blog. “I know that they know.” He also noticed hits from the U.S. State Department and the U.S. Department of Justice, but so far, none have come knocking.

In response to a Guardian request for comment about the Mothball Fleet photographers, Kim Riddle, a spokesperson for MARAD, e-mailed an official statement. “We were aware of the intrusion,” she wrote. “We are concerned about the safety of individuals onboard our ships. This is a dangerous industrial site, and we take significant precautions for our own workers when they are onboard the fleet to make sure that areas are safe for them to enter. While trespassing on federal property, these photographers put themselves in a very dangerous position and could have been severely injured or killed from a fall or by entering an enclosed space that doesn’t have enough oxygen. Since learning of this incident, we took additional security steps, reviewed our procedures, and reinforced training with our employees to stop these kinds of intrusions.”

Freskos touched on the safety issue in an online discussion about the project. “There were many long discussions about oxygen-deprived spaces such as anchor chain lockers and ballast tanks,” he wrote. “There were contingency plans made for injuries. We carried a medical kit, we wore [life jackets], and took many other precautions.” He also responded to those who questioned the wisdom of publicizing their late-night excursions to the Mothball Fleet. “I think I speak for the three of us when I say that we are well aware of the consequences,” Freskos wrote. “But it’s a passion of ours, and it’s worth it.”

The photographers’ work can be viewed here, here, and here.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Smooth sailing for developers

3

rebeccab@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On the hook

4

rebeccab@sfbg.com

Unique Roberts squared back her shoulders and recalled what it was like when she first moved to San Francisco from East Oakland more than a decade ago. A tall, 33-year-old African American transgender woman with piercing eyes and a charming smile despite gaps of missing teeth, Roberts said she performed as a showgirl at clubs like Harvey’s and the Pendulum in the Castro. In those exciting days, “I fell in love with this boy, and he was an addict,” she explained. “I thought that if I did it, it would keep our relationship together.”

She recalled how awful her boyfriend felt when he found out she was using, telling her, “You don’t know what you’re doing to yourself.” He departed for Texas several years later, but addiction stuck with her as a way of life.

She says she’s tried to kick the habit, but it’s wrapped up in a battle against depression stemming from the loss of loved ones. Roberts was wearing one of the bright orange sweatshirts issued to inmates at San Francisco County Jail. She landed there after being arrested in April for allegedly selling a tiny rock of crack, weighing just 9/100s of a gram, to an undercover narcotics officer. According to the police report, the cop offered her $20 for it — but based on National Drug Intelligence Center street-value estimates, that amount is only worth about $2.50.

Roberts may go by the first name Unique, but her lawyer Tal Klement, who works for the San Francisco Public Defender’s Office, is fond of saying her case is hardly unique at all. She was one of several people arrested in the Tenderloin that day after interacting with the same plainclothes officer.

It was part of a coordinated sweep known as a buy-bust, a common practice under which an officer may pose as a homeless person, a clueless outsider, or a dope-sick fiend to lure people into selling crack, pills, meth, heroin, or marijuana. Once a transaction is made, a team of officers awaiting the signal immediately closes in and arrests the seller.

As of June 20, there were at least 109 open buy-bust cases in San Francisco. Based on defendants’ rap sheets, 92 percent had prior drug-use histories, according to a tally conducted by the Public Defender’s Office.

The officers posing as buyers — who often earn overtime — use street lingo, know which drugs can be obtained at which intersections, and sometimes offer higher prices than the accepted street value. Attorney Anne Irwin, also a public defender, is critical of the practice, saying it’s an expensive tactic that’s makes for easy arrests — because the money is irresistible to addicts who think they’re getting an opportunity to convert a personal stash into more drugs.

In a lean budget year, “they’re cutting social services left and right, and these are the very services that could help the addicts get off the street,” Irwin noted. She’s skeptical that the strategy stems the flow of substantial quantities of drugs.

Police Chief Greg Suhr, who said he participated in buy-busts for years as a narcotics officer, credits the tactic for helping to eradicate a rampant open-air drug market on Third Street in the Bayview, and says it can help prevent drug-related violence.

Klement, however, condemns it as a “war on crumbs,” saying it ensnares far more addicts than serious dealers and often ends up unnecessarily pinning felony convictions onto low-level offenders.

 

NUMBERS GAME

Buy-busts usually involve around eight officers, according to an average calculated by the Public Defender’s Office based on open cases, but have involved as many as 14 and as few as three. There’s the decoy buyer, who sometimes dresses in grimy sweatpants, goes without shaving, or dirties his face to look like a street addict in desperate need of a fix. There’s a “close cover” officer who follows the decoy, plus an arrest team that is also sometimes in plainclothes. Beforehand, officers will photocopy cash — usually $20 bills — to document the serial numbers so that the same marked city funds can be used as evidence once recovered from arrestees. Busts can happen within minutes of one another, and a single shift may net five or six arrests.

Irwin says the people snared aren’t typical drug dealers — certainly not big-time players. But they’re charged as dealers — and in many cases wind up branded as felons, with severe legal penalties such as multiyear prison sentences.

While the police department is able to show on paper that it’s brought hundreds of drug dealers into custody — and the district attorney can point to a boost in the conviction rate thanks to the program’s efficiency — Irwin says the amounts being peddled are tiny.

“In traditional narcotics operations, they cultivated snitches, used surveillance, and obtained search warrants” to go after major dealers, Irwin said. With buy-busts, “It’s like shooting fish in a barrel. Everyone agrees that we need cops on the streets to help keep us safe … But do we want to be paying hundreds of thousands of dollars for this?”

Sharon Woo, chief assistant of operations for the San Francisco District Attorney, told the Guardian that “we charge based on the conduct of the individual.” Woo went on to say that the DA tried to “exercise appropriate discretion” on a case-by-case basis when individuals are selling to support an addiction or due to being in dire financial straits.

Sometimes individuals are ushered into alternative programs such as drug court or a Back on Track program for first-time offenders, Woo said. And while the DA typically includes charges that make defendants ineligible for probation under state law if they have prior convictions for selling crack-cocaine — a discretionary practice that has drawn criticism from public defenders — Woo observed that “it doesn’t mean that’s how cases resolve.”

Police forces in nearly every major metropolitan area practice buy-busts, said Frank Zimring, a law professor at UC Berkeley’s Boalt Hall School of Law specializing in criminal justice issues. Yet he described the practice as costly and noted that paying overtime for it “makes what would ordinarily be a very expensive operation into a more expensive operation.”

Cost estimates for the entire program are tough to pin down. It costs $130 per day to house each prisoner in the county jail, amounting to more than $14,000 per day if all of the defendants with pending cases are in custody. If an average of eight officers per bust were paid $60 an hour each to spend six hours conducting a buy-bust, the current caseload represents more than $300,000 in officer pay — a conservative estimate — and that’s before lawyers in the offices of the public defender and district attorney are paid to prosecute and defend the suspects in court.

But no matter how you add it up, it’s a lot of money.

Suhr told the Guardian that apprehending street-level offenders occasionally leads officers to bigger fish. “Sometimes you get a low-level person, or a buyer if you will … if that same person would say, ‘But I know this guy and he has guns and he’s a big dealer and whatever.’ That is a good way to get to those bigger people.”

“We’ve never seen that happen in practice,” Klement countered.

One of Irwin’s clients, a homeless man, was charged with selling narcotics after he scraped out the contents of his pipe to sell 1/1,000th of a gram of crack to an undercover officer for $20. In a rare twist, the case was ultimately settled on a misdemeanor possession of narcotics.

Inspector Robert Doss, who served as the decoy in that case, has earned substantial amounts of overtime while going undercover to buy drugs, according to a court transcript. In 2009 Doss earned $35,488 in combined overtime and “other pay,” which includes time spent testifying in court, according to a San Francisco Chronicle database of municipal salaries.

 

ON THE STREET, OFF THE STREET

The Tenderloin is frequently targeted for buy-busts, with 65 percent of open cases as of June 13 having taken place in that neighborhood. The Haight ranked second, with nearly 12 percent of cases, and the Mission followed with 10 percent. Shortly after District Attorney George Gascón was sworn into his prior post as police chief in 2009, he announced a concerted effort to clean up the Tenderloin, and Klement maintains he’s seen a surge in cases stemming from buy-busts there ever since.

Drug dealing in the Tenderloin often makes the news as a source of frustration to merchants and residents. “You try and explain to the people of San Francisco that it’s okay for people to have open-air drug markets right in front of their stores,” Suhr said.

Yet Klement maintains that what is essentially a quality-of-life crime should not be treated as a felony. “There’s a lot of pressure from people who are invested in businesses [in the Tenderloin] who would love to see that neighborhood become the next Hayes Valley,” he said. “But what they don’t realize is that people are paying with prison for that agenda.”

Once someone has been labeled a drug dealer in the eyes of the law, he said, it becomes more difficult for them to access drug treatment — not to mention get a job, qualify for a student loan, or find housing.

Roberts’ case nearly went to trial. If convicted, she could have been sent to prison for a minimum of three and a maximum of 17 years due to extra penalties from prior convictions. On the eve of the trial, however, the case was settled on a possession charge for a year in jail, a rare outcome. Klement was hoping to have her placed in a treatment program.

Asked if she knew of others swept up in undercover operations, Roberts gave a wry chuckle and gestured to the jail corridor behind her, indicating that nearly everyone there had been taken down in similar fashion. Klement noted that the targets of the buy-busts are almost exclusively people of color, saying, “You walk into the holding cell and you think you’re in Alabama or Mississippi, not San Francisco.”

In an editorial on the subject that he wrote a couple years ago, Klement noted that by contrast, predominantly white middle class people with a fondness for illegal drugs are rarely targeted because they aren’t the ones selling drugs on the street. “The hard truth is that the police ignore most of the middle class drug use and dealing occurring out of private homes in every neighborhood or other public venues in the city — bars, nightclubs, concert halls. More drugs are being transported to Burning Man as we speak than will probably be seized during Gascón’s entire crackdown.”

For Klement, it’s just another symptom of a broken system. “A lot of these people are repeat players because we don’t have the right interventions at the right time,” he said. “We don’t understand addiction.”

 

Saving Oakland libraries

When I went to Oakland’s Art Murmur a couple weeks ago, a funeral procession organized to call attention to the possible loss of Oakland public libraries wound its way through the streets.

It wasn’t the only creative mobilization launched in Oakland in response to the possible closure of 14 branch libraries, including the Tool Lending Library, African-American Museum and Library at Oakland, and Second Start Adult Literacy program, to make up for steep revenue shortfalls. Under the painful budget scenario to be discussed by Oakland City Council at its June 21 meeting, just four library branches would stay open, with services just three days a week.

On June 20, a coalition called Save Oakland Libraries organized a 14-hour read-in, featuring local authors reading out loud in front of Oakland City Hall to vocalize support for keeping the libraries open.

Meanwhile, this is what happened last week when anti-capitalist protesters associated with Bay of Rage took to the streets as a “book block” to protest library closures:

http://www.youtube.com/watch?v=1UMo3prDOLw&feature=channel_video_title

While anarchist bookworms tangle with the cops on the streets, the Coalition to Save Oakland Libraries is asking people to send “polite” letters to the Oakland Police Officers Association to “ask them to make their Fair Share contribution to their retirement to keep the libraries open.” Oakland City Hall will likely be packed tonight.

Video by David Martinez.

Tonight: Freedom of information panel on press passes

A few articles have been published over the past year or so about the availability of press passes in San Francisco, spurring a slew of questions: Who gets them? Why are they needed? What are the laws surrounding media access? And what are the rules governing the local process of issuing press badges, anyway?

To sort it out, the Freedom of Information Committee of the Northern California Chapter of the Society of Professional Journalists is organizing a panel discussion today, June 21, at the San Francisco Public Library. It’s not intended to be a debate, but an informational session for journalists and other interested parties to clear up some of the misconceptions surrounding press passes. Panelists will include Lt. Troy Dangerfield of the San Francisco Police Department’s Media Relations unit, Acting City Administrator Amy Brown, Attorney David Greene of the First Amendment Project, and Chris Roberts, a reporter who has covered controversy surrounding press passes before.

The panel will be held at 5:30 p.m. at the San Francisco Public Library, 100 Larkin St., in the Latino/Hispanic Community Meeting Room, located on the Library’s lower level. (Enter at 30 Grove Street, proceed down stairs to the lower level.)

Suhr: SFPD Tasers not a priority

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

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

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

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

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

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

Mehserle’s free, but some protesters could still face jail time

 Johannes Mehserle, the former BART police officer who shot and killed Oscar Grant while he was lying face down on the Fruitvale station train platform on New Year’s Day 2009, was released from a Los Angeles jail June 13 after serving a total of 365 days for his involuntary manslaughter conviction. He was sentenced to two years behind bars, but Judge Robert Perry granted him an early release due to credit for time served and good behavior.

The same date of his release, the National Lawyers Guild filed a class-action lawsuit on behalf of 150 protesters who were mass-arrested during the Nov. 5, 2010 demonstration in Oakland in the wake of Mehersle’s sentencing. Meanwhile, a handful of individuals who engaged in the Jan. 14, 2009 and July 8, 2010 protests launched by Grant supporters — which morphed into riots after community rallies came to an end — are still battling court cases.

Two of the protesters arrested last July initially faced serious felony arson charges for igniting a trash can, which could have led to incarceration for a longer duration than Mehserle served for fatally shooting Grant.

“There were several felony arrests last July, and people were facing charges that could lead to more than a year, no question about that,” noted attorney Dan Siegel of the Oakland-based firm Siegel & Yee. Siegel is currently representing Todd Lister and Adrian Wilson, the two defendants who were accused of arson. The codefendants now face attempted arson charges, carrying a minimum penalty of eight months, with a midterm of one year. “Theoretically, that’s what they’re still facing,” Siegel said, but added that he was confident the as-yet unresolved case would result in a more lenient outcome.

Meanwhile, some of the burglary charges stemming from the looting that occurred in Oakland last July could potentially lead to multi-year sentences, Siegel added, leading to more time in jail than Mehserle served.

Some of the hundreds arrested over the course of the three protests who had prior criminal convictions had their probation or parole immediately revoked as a consequence, said Rachel Jackson, a member of the Coalition for Justice for Oscar Grant and one of the organizers of the Nov. 5 community rally in downtown Oakland’s Frank Ogawa Plaza.

Of the hundreds of arrests made in Oakland during waves of protests launched by Grant supporters, just a small number were on serious charges such as burglary or arson. The mass arrest of 150 individuals last November was initially made on charges of unlawful assembly, yet nearly all of the arrestees were cited and released after spending up to 24 hours in jail, and all had their charges dropped.

In that instance, Oakland police corralled 150 demonstrators who had been participating in a lawful march through the streets into a residential block in East Oakland. Once they were surrounded, Oakland police — who were aided in the streets by 32 other law-enforcement agencies that night, according to National Lawyers Guild attorney Rachel Lederman — placed them all under arrest. No dispersal order was issued prior to making the arrests, and it would have been impossible to comply if one had been issued.

In a class-action lawsuit, the National Lawyers Guild argues that the Nov. 5 protester roundup and mass arrest was a violation of the Oakland Police Department’s crowd control policy, and that it constituted a violation of protesters’ rights to freedom of speech and freedom of assembly. “Even legal observers and a few people who happened to live in the neighborhood were swept up,” Lederman said.

“The policy is clear, and the constitution is clear,” she went on. “You must have probable cause to believe an individual is committing a crime. But in this case, the whole crowd was herded onto a residential street, blocked in, and held on the street for hours. There was never a dispersal order, and all exits were sealed off.”

The Oakland Police Department did not respond to a request for comment.

Arrestees were held handcuffed in vans, in some cases for hours, without access to a bathroom, Lederman noted. All of the women were subjected to pregnancy tests upon being booked into jail, “which made no sense and was abusive in this particular case,” Lederman maintains, because the short time they spent there didn’t justify the excuse that the test would have been necessary to determine whether anyone needed prenatal care. Several men, meanwhile, were subjected to DNA swabs, which is “only supposed to happen if you’re arrested for a violent felony,” according to Lederman. 

Jackson, who was also arrested that night, said she believed police conduct was “incredibly intimidating, and it has a chilling effect on free speech.”

Creative protesters attend Apple’s World Wide Developer’s Conference

A long line formed outside Moscone West on the morning of June 6 as attendees of Apple’s World Wide Developer’s Conference prepared to be wowed by an unveiling of the company’s latest technology. A giant Apple logo was projected on the building above the scene as the crowd inched toward the entrance of the convention center, many clutching coffee cups and gazing at iPhones or iPads as they waited.

Suddenly, the conference-goers had something more entertaining to look at than the latest Tweet or email message. Five slender performance artists clad in head-to-toe spandex bodysuits wove through the techie crowd and waltzed right into the convention center, where they lined up and began a series of movements.

“Power rangers,” a bemused bystander quipped. Camera phones came out, and people laughed as they looked on, mildly surprised by the spectacle.

A couple nervous-looking security guards appeared several feet away from the spandex-clad team when they lined up inside the main foyer, but the two didn’t clash, since the performers turned and slow-walked in robotic movements back toward the door once they were asked to take it out to the sidewalk.

Video by Rebecca Bowe

Turns out, it was a form of creative protest. The colorful crew was there to bring in a message in the form of QR codes clipped to their outfits. They encouraged the iPhone-wielding passersby to scan them.

Scanning the QR code brought one to this link, a YouTube video titled, “Apple: Tax Cheating Doesn’t Sync With My Values.”

The five protesters were there with US Uncut, a grassroots organization founded several months ago for the purpose of “pressuring corporate tax cheats to pay their fair share,” according to a press release. Joanne Gifford, a spokesperson, told the Guardian that the protesters were there to bring the message that Apple was not being a good corporate citizen. “It’s very disturbing that they are doing everything they can not to give back to the system,” Gifford said.

As the Guardian previously reported, Apple is lobbying Congress for a tax holiday along with a host of other major companies and business groups under the “Win America Campaign.” According to a recent article in the Washington Post, “The idea is to encourage U.S.-based corporations to bring back, or ‘repatriate,’ up to $1 trillion now stashed in overseas tax havens by sharply reducing standard corporate income tax rates on that money from 35 percent to perhaps 5 percent.”

Yet critics argue that such a dramatic reduction in the corporate income tax would amount to a giveaway to some of the nation’s wealthiest companies — and reward tax-dodgers besides — at a time of devastating budget cuts and high unemployment. “US Uncut is demanding that Apple stop supporting the ‘Win America Campaign,’ … If Congress gives the corporations in the WAC tax coalition this loophole, it would cost American taxpayers over $80 billion,” US Uncut’s press release noted.

“Hey, Apple, if you’re going to lead the tax dodger’s lobby, then expect us to show up on your corporate storefront,” said US Uncut spokesperson Carol Gibson, “We all pay our fair share of taxes, and Apple should too.”