Rebecca Bowe

Reformer removed

31

rebecca@sfbg.com

A San Francisco public health official, who’s earned national recognition in his field for launching progressive environmental health initiatives, announced his resignation in late December under bizarre circumstances.

Dr. Rajiv Bhatia, who served as director of environmental health, left his employer of 17 years after being subjected to a months-long internal investigation he described as baseless.

Once the Department of Public Health concluded its inquiry, Bhatia faced no charges of misconduct. He resigned after securing a settlement agreement, under which the city paid him $155,000.

In an open letter circulated to colleagues and reporters, Bhatia announced he was leaving and commented on an internal cultural shift he said had impeded his work, which examined the health consequences of air pollution, poor housing conditions, low-wage employment, and disparities in life expectancy by neighborhood, among other things.

“Unfortunately, changes in the Department’s organization and culture no longer support my pursuit of vigorous and community-oriented public health regulation and advocacy,” Bhatia wrote.

“I understand that the new leadership may not share my broad vision of environmental public health,” he went on, referencing a 2010 leadership transition in which Director Barbara Garcia took the reins from former department chief Mitch Katz. “Yet, it is deeply disconcerting that they chose to subject me to an aggressive and public investigation into groundless allegations.”

Colleen Chawla, deputy director of the health department, said she was prevented from commenting on Bhatia’s resignation or statement, because the issue constituted a personnel matter.

Bhatia spearheaded a series of innovative programs that went beyond the scope of conventional public health practices.

“Rajiv was doing pioneering work,” said Larry Adelman, co-director of documentary filmmaking company California Newsreel and producer of “Unnatural Causes,” a four-part PBS series on health inequity.

“He was concerned with closing the growing gap between health outcomes,” Adelman said, noting that the poor have a lower life expectancy on average than those with higher incomes. “I know other public health departments were looking to his work and trying to learn from him.”

Bob Prentice, who served as DPH deputy director until 1999, sounded a similar note, saying Bhatia’s environmental health work was based on the idea that “fundamental inequalities in life produce inequities in health.”

Bhatia’s departure is only the latest in a series of resignations submitted over the last year or so, causing some to question whether Garcia’s philosophy or management style triggered the departure of more than a half-dozen high-ranking health department staff members.

“Is this about a management culture that wants to suppress the kinds of things Rajiv has represented?” Prentice wondered.

The environmental health director first learned he was under investigation in June, when he returned after a vacation only to learn he’d been locked out of his office.

“They finished doing their investigation in August,” Bhatia explained in a recent phone interview. “I was removed from all roles. They refused to allow me to go back to my work.”

Instead, he says he was directed to work on “trivial special assignments” that had little to do with the goals of the Program on Health Equity and Sustainability, which he’d created.

Bhatia says he still has not been told exactly what city officials hoped to find when they initially placed him under investigation, or what the allegation was. But based on the questions they asked him, “it appears what they were investigating was a program … initiated by a mayor’s executive directive,” he said, referencing a food policy directive initiated under former Mayor Gavin Newsom.

Sources familiar with the situation told the Guardian the investigation started with a whistleblower complaint filed against Bhatia, which led department officials to try and determine whether there was a conflict of interest associated with his role as a nonprofit board director.

But Bhatia reacted strongly to this allegation, which was also alluded to in a San Francisco Chronicle article. “It’s just not true,” he said. “I’m not on the board of any nonprofit that receives any money from the city.”

Some high-ranking health department officials do work with nonprofit organizations that deal closely with the city. As the Bay Guardian previously reported (“Friends in the Shadows,” Oct. 8, 2013), Chawla is a board member of the San Francisco Public Health Foundation, which raises funds for DPH and functions as a city contractor. Sue Currin and Roland Pickens, CEO and COO of San Francisco General Hospital, respectively, serve on the board of the San Francisco General Hospital Foundation. The vast majority of private donations to the city’s safety-net hospital are collected through that nonprofit entity.

Bhatia sits on the board of Human Impact Partners, an Oakland-based nonprofit with 11 staff members dedicated to tackling health equity issues. “I was pretty careful to draw the line,” he said of that role.

“I think the real question is, for me, what facts did the city use to justify their actions? It seems arbitrary,” Bhatia said. “As far as I know, all of the work I was doing was part of the mayor’s agenda. This came out of nowhere, and it apparently has no basis.”

Last October, a group of his professional colleagues wrote to the health department to voice concern that his removal would cause key environmental health programs to fall by the wayside.

Among the initiatives he was moving forward was a Community Air Pollution Risk Reduction plan, which sought to establish new policies for alleviating respiratory problems associated with air pollution hotspots. Since concentrated air pollution occurs within some of the city’s priority residential development areas, that new set of proposed regulations would apply to new and existing real-estate development projects.

“The City began drafting the [risk reduction plan] in 2010 and was to have adopted a plan by 2012,” supporters wrote in an Oct. 1 letter. “We are puzzled by a recent City presentation on the timeline for the CRRP, which suggested that a plan was not yet drafted.”

Chawla said the plan continues to move forward. She also acknowledged that, in general, Bhatia “has really brought a lot of great ideas and work to the health department, and that is something I value and anticipate will continue.”

The air pollution risk reduction plan wasn’t the only place where Bhatia’s work overlapped with development and housing issues. Adelman described how Bhatia had conducted a health impact assessment, a formal study to determine the health outcome of a policy decision, on the potential health benefits of requiring developers to build onsite affordable housing units as part of new construction projects.

He was also engaged in an effort to improve the environmental health division’s code enforcement against housing hazards, such as mold and pests, and pushed for an open data initiative to make housing inspection records publicly available.

“We don’t really want to believe this is happening,” Paloma Pavel, president of Earth House Center and cofounder of Breakthrough Communities, said of the investigation against Bhatia and his subsequent departure. Patel and cofounder Carl Anthony, both former directors of the Ford Foundation, authored a book and created a nonprofit dedicated to advancing environmental justice and regional health equity.

“It’s a terrific loss for our region’s environmental health,” she said of Bhatia’s departure.

 

Stealing secret records about government spying used to be way more complicated

In 1971, a group of radicals broke into an FBI office in Media, Pennsylvania and stole a bunch of documents about J. Edgar Hoover’s surveillance program targeting dissidents and antiwar activists.

Thanks to their criminal act, which they followed up by anonymously sending copies of the files to major media outlets, awareness of FBI spying under Cointelpro penetrated mainstream consciousness.

More than 40 years later, the people behind that theft have unmasked themselves in a new book, The Burglary: The Discovery of J. Edgar Hoover’s Secret FBI, authored by Betty Medsger. The former Washington Post reporter convinced some of the burglars to come forward and tell their tale. Medsger previously served as chair of the journalism department at San Francisco State University.

A New York Times piece spotlighting the book describes the historic event and draws a comparison with modern day whistleblower Edward Snowden, who used access granted to him as a National Security Agency contractor to shed light on secret documents detailing NSA surveillance programs.

“Unlike Mr. Snowden, who downloaded hundreds of thousands of digital N.S.A. files onto computer hard drives, the Media burglars did their work the 20th-century way: they cased the F.B.I. office for months, wore gloves as they packed the papers into suitcases, and loaded the suitcases into getaway cars. When the operation was over, they dispersed.”

The burglary also entailed lock picking, opening a window with a crowbar, and memorization of FBI staff’s comings and goings; also, they never again met as a group after making off with the files.

Even as technology has given intelligence agencies the ability to build a once unfathomable surveillance system that regularly sweeps in the communications of millions of law-abiding Americans, it’s also made it easier for information about such activities to be brought into the light of day – with just a few simple keystrokes.

Former supervisor displaced after Christmas Day fire

A fire broke out on Christmas night at the home of Christina Olague, a former San Francisco supervisor, and fatally injured her housemate and longtime friend, Randy David Sapp.

Now, Olague’s friends and supporters are holding an online fundraiser to help her get back on her feet in the wake of the tragic event. A benefit has also been planned for Jan. 12 at El Rio.

Olague said she has been staying with friends since the fire, and doesn’t know where she will wind up living in the long run. She said she’d wanted to be respectful of her housemates’ privacy before making any public statements about what happened, and didn’t reach out to many people initially because she was in a state of shock.

She told the Bay Guardian she had lived in the Victorian, located on Baker Street, for more than four years. Her housemates included Sapp, his partner, Patrick Ferry, and Olague’s sister.  She said she’d been friends with Sapp and Ferry for more than 15 years.

When the fire started on the evening of Dec. 25, Olague said, she was downstairs talking to a friend on the phone, and Sapp and Ferry were upstairs. “All of a sudden the commotion started,” she remembered. It was classified as a 3-alarm fire, and both were rushed to the hospital with serious burn injuries. Olague and her sister were unharmed. Sapp died from his injuries the following day.

The cause of the fire remains unknown, Olague said.

Sapp and Ferry were co-owners of a Cole Valley shop, The Sword and Rose, which sells incense, oils, and books. Olague said Sapp was also a musician, and described him as “a kind, understanding human being.” She said, “He gave so much to so many people.”

Ferry is still suffering from burn injuries, but is expected to recover fully.

Gabriel Haaland, a longtime activist and labor organizer, created an online fundraising website to help Olague upon hearing the news. He’d texted her randomly, he said, only to learn that “she’d lost her home and her best friend died. I was just blown away.”

The fundraising page, created on wepay.com, has raised nearly $4,000 so far from 52 donors.

“After a long discussion, she agreed to let people know this happened, and at my urging accepted that she needs financial assistance as well with getting a new apartment and getting back on her feet again,” Haaland wrote in a statement on the fundraising website.

In addition, Haaland said a fundraiser is being coordinated by Sups. David Campos, Jane Kim and Eric Mar. It will be a Salsa Sunday at El Rio and is scheduled to be held from 3 to 8 p.m. on Jan. 12.

Clean Power SF still moving forward

10

news@sfbg.com 

Dec. 19 marked the 100th anniversary of the Raker Act, federal legislation that specifically called for San Francisco to directly distribute the water and electricity generated by the O’Shaughnessy Dam to its residents and for their benefit. The city does so with the water, through the San Francisco Public Utilities Commission, but Pacific Gas & Electric used its power and connections to take control of the electricity and keep it, corrupting the political system for nearly a century in the process.

“The result: San Francisco has paid through the nose to PG&E for its power and the city loses about $30 million a year in profits it would get from a public system,” journalist J.B. Neilands wrote in the March 27, 1969 issue of the Bay Guardian, the first of dozens of stories we’ve written on the topic, spanning many unsuccessful public power campaigns, each one dominated by millions of dollars in PG&E spending.

Meanwhile, San Francisco’s longstanding effort to develop a municipal renewable energy program has been stymied by politics, but certain aspects of the plan are advancing nevertheless.

At a Dec. 13 meeting of the Local Agency Formation Commission (LAFCo), a committee comprised of members of the Board of Supervisors that has been working to develop CleanPowerSF for years, Sup. London Breed called for putting out a Request for Proposals to develop a concrete plan for building out local renewable energy infrastructure. LAFCo adopted the motion.

With plans for solar panel arrays or wind power facilities that would generate hundreds of megawatts of electricity for the municipal energy program, the build-out is a key aspect of the plan that could lead to job creation and stable electricity rates in the long term.

Earlier this year, members of the San Francisco Public Utilities Commission, a body composed of mayoral appointees, refused to approve a not-to-exceed rate for the program, effectively obstructing any forward progress.

“This does not get around the political problem we have,” said Eric Brooks, a longtime advocate of CleanPowerSF. “On Aug. 13, from [the SFPUC’s] standpoint, they put the program on hold.” Nevertheless, “the idea is to work on all the other things, and get those things done.”

Project proponents plan to bring on a consultant to hash out more tangible goals with regard to job creation, and then use those shovel-ready plans to bring trade unions on board.

The political pressure against CleanPowerSF, fueled by groups associated with PG&E in political alignment with Mayor Ed Lee, is formidable. Yet Breed and others remain undeterred. “We want labor to be a partner on this,” Breed told the Bay Guardian. “We want to make sure that it’s clear, and more importantly, we want it to be a strong proposal. … My goal is to make it difficult for them to oppose it.”

Plans for SF clean energy program still underway, despite political opposition

San Francisco’s longstanding effort to develop a municipal renewable energy program has been stymied by politics, but Sup. London Breed has taken up the cause of advancing aspects of the plan that haven’t been obstructed.

At a Dec. 13 meeting of the Local Agency Formation Commission (LAFCo), a committee comprised of members of the Board of Supervisors that has been working to develop CleanPowerSF for years, Breed called for putting out a Request for Proposals to develop a concrete plan for building out local renewable energy infrastructure. LAFCo adopted the motion. 

With plans for solar panel arrays or wind power facilities that would generate hundreds of megawatts of electricity for the municipal energy program, the build-out is a key aspect of the plan that could lead to job creation and stable electricity rates in the long term.

“Part of what I think is important in developing a plan is to make sure that if there are people who oppose it, that we have answers,” Breed said. “And we have clear answers, so that we’re communicating what the real, true accurate message is: There is real possibility for local jobs.”

Earlier this year, members of the San Francisco Public Utilities Commission, a body composed of mayoral appointees, refused to approve a not-to-exceed rate, effectively obstructing any forward progress on the green municipal power program. But some advocates who are thinking long-term have merely taken the setback as an opportunity to put some time and energy into crafting a well thought out plan that serves the interests of job seekers and environmentalists alike, which would ulimately be politically difficult to oppose.

The rate approval was a necessary step toward inking a contract with Shell Energy North America, the contractor selected by the SFPUC to procure renewable energy on the open market until a build-out gets off the ground.

Just before the commissioners made their decision, opponents of the plan who are affiliated with Pacific Gas & Electric Company – the utility giant that stands to lose customers if CleanPowerSF goes forward – plastered San Francisco residences with flyers denouncing the program and Shell’s involvement. The mailers were paid for by IBEW 1245, the International Brotherhood of Electrical Workers union that represents PG&E employees.

Breed reflected on that messaging as an unfortunate setback. “It created, I think, the challenges that we’re facing getting this program moving forward,” she said. “We need a clear communication strategy. We need a clear understanding of the build-out.”

Eric Brooks, a longtime advocate of CleanPowerSF who has attended hundreds of meetings to help shape the plan on behalf of his nonprofit, Our City, said he was pleased with the latest direction LAFCo talks had taken. He recently penned an editorial for the Bay Guardian calling on LAFCo to take control of the program.

“This does not get around the political problem we have,” he said. “Politically, the program isn’t moving forward. On Aug. 13, from [the SFPUC’s] standpoint, they put the program on hold.” Nevertheless, “the idea is to work on all the other things, and get those things done.” Once there is a practical plan spelling out how the city will move forward with building out green renewable energy infrastructure, he said, it could serve to “show the building trade unions what’s possible.”

From what Brooks said and what was voiced at the meeting, it seems the political strategy of project proponents will be to bring on a consultant to hash out more tangible goals with regard to job creation, and then use those shovel-ready plans to bring trade unions on board. From there, Brooks hopes there may be more leverage to push for approval – or perhaps to pursue an alternative management structure that gets around the SFPUC, such as joining with another municipality to form a Joint Powers Authority that would oversee the program.

Sup. David Campos, who has been a key supporter of CleanPowerSF along with Sup. John Avalos, did voice some reservations about moving forward with the RFP. “We are here,” halted from moving forward, “even though we have a program that has been approved by the Board of Supervisors,” he pointed out. “How do we avoid going down the path of doing additional work, only to find ourselves in the same predicament?”

The political pressure against CleanPowerSF, fueled by groups associated with PG&E in political alignment with Mayor Ed Lee, is formidable. Nevertheless, advocates from environmental organizations such as 350.org, the Sierra Club and others have kept pushing for the program out of a conviction that it represents an opportunity to curb greenhouse gas emissions and combat climate change at the local level.

“This is a very important move,” said June Brashares, a steering committee member of the Local Clean Energy Alliance. “A key piece of work that has not yet been done is the selection of actual sites all over the city for the installation of hundreds of megawatts of local clean energy projects that will make up CleanPowerSF.”

UPDATE: After we posted this, Breed returned a phone call from earlier in the day. She shared some thoughts about the program:

“I just think we’re overdue, to do it. The fact that we have five commissioners appointed, not necessarily elected, [blocking the program] disturbs me,” she said.

Asked why she’s supportive of CleanPowerSF, Breed said, “It’s not just about the choice. It’s also about the environment, and the future. There’s a lot of money in energy in general, and part of that money should go back to the local economy through those jobs.”

When we asked her about the strategy for advancing the program, she responded, “We want labor to be a partner on this. We want to make sure that it’s clear, and more importantly, we want it to be a strong proposal … My goal is to make it difficult for them to oppose it.”

Finally, questioned on whether she was worried about the political opposition, Breed responded, “I can’t do my job in fear that someone may oppose it. I have to do it based on what I think is truly right for the city of San Francisco.”

Bus stop

85

rebecca@sfbg.com

Each weekday, gleaming white buses operated by Google and other Silicon Valley tech giants roll through congested San Francisco streets and pause for several minutes in public bus stops, picking up passengers bound for sprawling tech campuses.

Using bus zones for private passenger pickup is not legal — but so far, that hasn’t resulted in any kind of systematic enforcement. It did boil over as an issue when it became the focal point of the Dec. 9 Google bus blockade, a Monday morning rush hour episode staged by anti-gentrification activists that went viral thanks to Bay Guardian video coverage, spurring commentary by Wall Street Journal, Fox News, and dozens of other media outlets.

 

SYMBOLIC ISSUE

The significance of the private buses as a symbol for an economically divided San Francisco, private service that spares a high-salaried class of workers from the delays, crowds, and service breakdowns that can plague Muni, has never been more resonant. The shuttles are frequently mentioned in conjunction with eviction and displacement, since apartment units in proximity to shuttle routes have become more desirable and expensive.

And as more shuttles are sent out to transport passengers, the San Francisco Municipal Transportation Agency has come under increasing pressure to solve the logistical and other problems they create.

“Our policies are catching up to this new transportation mode,” SFMTA spokesperson Paul Rose said in a recent phone call. “The shuttle service has been growing very rapidly.”

Accordingly, SFMTA is working on a pilot program to allow Google and other providers of private shuttle buses to share space in Muni bus zones in an organized fashion. The policy would establish a set of guidelines around boarding and alighting, implement measures to prevent Muni delays, create a formal permitting process, and require the shuttles to display identifying placards.

Although Muni needs funding to improve its aging infrastructure (see “Street Fight”), this plan to accommodate private shuttles would not result in any new revenue collection for the agency. Google and other private shuttle providers would be charged a fee under the program, but it would go only toward cost recovery, allowing the agency to break even.

Leslie Dreyer, one of the masterminds behind the Google bus blockade, calculated that the SFMTA could theoretically collect $1 billion if it aggressively targeted private shuttles for violating the Curb Priority Law, which prohibits vehicles other than Muni from using designated bus zones.

“It’s a ballpark estimate,” Dreyer said, describing her project as more of a thought experiment to illustrate a broader point. “We were trying to get people to think about … the bigger issue of what these things symbolize: evictions, gentrification.”

Dreyer based her findings on a color-coded chart released by SFMTA in July, showing the frequency of shuttle stops at 200 known locations. Paul Rose insisted the $1 billion estimate was too high because the total number of daily private shuttle trips is actually lower. He added that it’s more than just Google that is using the stops: At least 27 institutions and employers provide private shuttles in SF, according to data compiled by SFMTA.

But even based on the information that Rose provided, that same calculation shows that Muni could collect $500-600 million in fines from all the shuttle providers. That’s theoretically enough to augment a sizeable portion of Muni’s annual operating budget, which is around $800 million.

The pilot program for sharing bus zone space with private shuttles is expected to be reviewed by the SFMTA board early next year, and it could be implemented by July of 2014. It does not require approval by the Board of Supervisors.

 

SCOFFLAW BUSES

In the meantime, given that Google and other private shuttle providers are in rather obvious violation of a law prohibiting them from doing what they do every weekday like clockwork, why doesn’t the SFMTA bother to enforce the law?

Rose offered several answers to this question, but most just pointed to more questions.

The fine for violating the law that prohibits vehicles other than Muni from using bus zones is $271, Rose confirmed. According to a Strategic Analysis Report prepared for the SFMTA in June of 2011, which notes that the Curb Priority Law is part of the City Transportation Code, “enforcement … has been limited.”

“We have only so many resources, and most enforcement is based on complaints,” Rose explained.

But the same strategic analysis report, dating back to 2011, shows that a great number of complaints have flowed in from disgruntled transit riders.

“The frequency of public comment and complaints regarding bus zone conflicts … may indicate a more problematic situation than these limited data imply,” a portion of the 2011 study noted after presenting the results of a field study, in which some analyst was presumably sent out to physically observe the private shuttle buses (illegally) stopping in the bus zones.

Rose’s contention that a lack of complaints was behind the lack of enforcement didn’t really seem to hold up, but he offered another reason, too. “We’d have to ID the bus,” he explained. “There isn’t an identity placard or permit to ID them specifically.”

Establishing an identification system is one of the goals of the pilot program now under consideration, he added. Then again, Google buses have license plates. And if SFMTA has the capability to do anything well, it’s to harness license plate data as a mechanism for collecting fines from offending motorists.

In fact, officers under the parking enforcement division of the SFMTA use an automated system called AutoVu Patroller, made by a tech company called Genetech (not to be confused with Genentech, a pharmaceutical giant that has its own fleet of buses transporting San Francisco employees to its South Bay campus).

 

EASY TO TRACK

The AutoVu patroller starts automatically when a parking enforcement officer fires up the on-board computer. It works by scanning license plates as the parking vehicles cruise down the street, using plate recognition technology to feed the data into a system that checks the identifying numbers against an existing hotlist.

When a hit occurs, it’s automatically flagged on screen. With the flick of an index finger, an enforcement officer can instantly bring up a vehicle’s model, year, and VIN. If a vehicle lacks a permit, it automatically generates a hit, signaling that enforcement may be needed. Then there’s the obvious point that Google buses and other shuttles are highly visible, and stopping all the time — whether or not an enforcement officer has a license plate scanner or not.

But at the end of the day, the private shuttles are treated differently from other kinds of vehicles that are found to be in violation of the transportation code. No matter what the laws on the books say, it’s difficult to imagine the SFMTA or the SFPD, which also has enforcement power, causing tech employees to be late to work as they roll through the city in climate-controlled coaches with tinted windows.

Far from targeting the shuttles for enforcement, an in-depth conversation has actually been taking place between the shuttle providers and SFMTA for quite some time, with representatives from the Planning Department and other agencies brought to the table as well.

The SFMTA actually regards the shuttles as being somewhat helpful, Rose said, since they get drivers out of their cars and into pooled transportation modes, thereby helping to alleviate congestion.

“We are developing these policies to better utilize the boarding zones for these shuttle providers,” Rose explained. “What we’re trying to do is provide a more efficient transportation network.”

To that end, the city has organized a series of stakeholder meetings in recent years with Google, Apple, Adobe, Genentech, the University of California San Francisco, and other shuttle providers to design a way for Muni buses and private buses to coexist in harmony, in city bus zones. Those conversations were referenced in the 2011 report; three years later, the pilot program is expected to solidify those discussions into a formalized system.

Here and there, some bus zones have already been altered to accommodate the private shuttle buses. “[An] extension of the Muni zone on 8th Street (in the South of Market) appears to be working well; although SFMTA Staff report that shuttle operators using the new zone have balked at the suggestion that they should help pay for the $1,500 improvement,” the 2011 strategic analysis noted.

The plan that’s coming down the pipe will essentially serve to legitimize what the shuttles are already doing. But so far, this deal won’t result in any financial gain for the transportation agency. If it goes forward as planned, the opportunity to make transit improvements by collecting revenue from private companies that use public infrastructure will be passed up.

Crowdfunding apartments

7

rebecca@sfbg.com

We caught up with Dan Miller at a cafe in San Francisco’s Financial District, where solitary patrons hovered over laptop screens as they sipped coffee.

Sporting a goatee and collared shirt, Miller, 26, seemed to blend in perfectly. The Washington DC native, a product of the East Coast real estate development world whose father had a hand in developing several iconic properties, was in San Francisco for meetings about FundRise, a startup he and his older brother Ben cofounded. The company is frequently described as being like Kickstarter, but for real estate investment.

Miller has been meeting with representatives from San Francisco’s Office of Economic and Workforce Development, a city agency in the Mayor’s Office. While nobody in City Hall was willing to get specific about those meetings, it seems officials are looking to FundRise for help tackling the city’s bedeviling housing affordability crisis.

Miller has been meeting with economic development offices in cities nationwide, and he’s convinced that housing affordability is a problem everywhere. “But it’s more acute in San Francisco than anywhere else I’ve seen,” he said, “just because of an influx of tech jobs.”

In the last six months, he added, OEWD representatives have seemed increasingly concerned.

The idea of crowd funding real estate is new, and the whole enterprise is still coming to fruition. But the underlying idea is intriguing: Take real-estate investment out of the hands of exclusive multimillion-dollar investment firms, and open it up instead to anybody who happens to have 100 bucks or more to throw in.

In an affluent city like San Francisco, the tool could create wiggle room for more housing projects that are tailored to actual needs, through partnerships with affordable housing developers.

It started when Miller and his brother encountered across-the-board rejection from big investment firms. To hear him tell it, the rise of private equity firms — which have no meaningful connection to the communities they develop — has produced blandness on a sweeping scale.

Objectives like preserving economic diversity, or honoring a community’s wishes, don’t factor in when these firms determine what to fund; they only consider whether an investment is deemed safe and profitable. That means predictable: think obscenely expensive, characterless market-rate condos. And since they’re the dominant financiers, their judgment is the final call.

“We spun off from our family business and started buying old auto warehouses, converting them, leasing them to local tenants,” Miller explained. “We took these projects to private equity firms, and they just didn’t get it. All the decisions they made were predicated on the financial pro forma,” he added, referring to documents that project expected returns. “They were really constraining what’s possible.”

Sounding like a tech person, he pronounced the whole system woefully inefficient. FundRise seeks to take advantage of little-known Securities and Exchange Commission regulations, as well as new provisions under the federal Jobs Act, to give people the opportunity to use crowd funding instead. (It doesn’t eliminate the need to apply for bank loans, which is a different part of the financing picture.)

The idea is that FundRise vets a project’s viability to make sure it won’t result in widespread loss, then helps proponents attract contributions through an online social network.

In the investment world, the vast majority of transactions are made by “accredited” investors, whose net worth equals $1 million or more, or with annual incomes of $200,000 or higher. But there are others out there who might have extra cash to put toward projects they believe in, like, say, affordable housing complexes for seniors — who don’t mind making a lower return.

The Miller brothers have built an online system they hope will connect these would-be lenders with projects in their own communities.

“Since you can invest directly, digitally, you’ve cut out so many middle men,” Miller explained. “You can make a 6, 8, 10 percent return. The real estate investment firm targets are 20 percent. But that’s because there’s just people taking a piece all the way down the ladder.”

The cofounders may be idealistic, but at the end of the day, they’re businesspeople, not activists. Since the company takes a cut of all investment earnings, it could succeed financially even if it the platform only winds up getting used to finance pet projects for dot-com millionaires.

Nevertheless, some longtime champions of low-income housing have recognized its potential to help solve a perplexing puzzle: How to secure capital for affordable housing in a world where investors are hardwired to make as much money as possible.

“We are hoping that as the larger movement for crowd funding works with the SEC, we can have more people make these investments in the local community,” said Tracy Parent, executive director of the San Francisco Community Land Trust.

Her organization is the first nonprofit affordable housing developer to test the waters with FundRise, in a bid to raise $1 million to keep Marcus Books, a historic African American-owned business, in its current Fillmore Street location. Due to a short timeline, they’re confined to accepting funding only from accredited investors. But in the future, they could use the tool to structure a public offering that would allow anyone to contribute toward preserving affordable housing.

While public subsidies will still be needed for below-market housing, “FundRise allows affordable housing developers to take properties off the speculative market,” Parent explained. “Any way we can democratize capital investment,” she added, “will be a good thing for our community.”

Investors needed to save Marcus Books

4

Marcus Book Store continues to be threatened with the loss of its Fillmore Street location — but if an ambitious campaign to raise $1 million by Feb. 28 succeeds, the institution can stay where it is.

At a Dec. 5 press conference, attorney Julian Davis announced that the bookstore proprietors and the San Francisco Community Land Trust had reached an agreement with the current property owners, Nishan and Suhaila Sweis, enabling the land trust to purchase the property for $2.6 million.

If the money is raised, the property will be transferred to the trust, which will preserve the bookstore as a permanent tenant while preserving the upstairs flats as affordable housing. “This is an opportunity,” Davis told reporters. If the campaign succeeds, “That is going to be a rare victory for retaining cultural diversity in San Francisco.”

Marcus Book Store has been facing eviction since earlier this year, when the building was sold to the Sweis family in a bankruptcy sale. But after a wide range of community supporters mobilized to halt the eviction, “We felt that the best solution was really to just come to the table. We saw that their property meant so much,” Sweis said.

Raising $1 million in less than three months is a tall order, but the land trust is driving the campaign with a new, web-based fundraising tool.

Called FundRise, it’s similar to a real-estate investment version of the microloan website Kiva.org. It offers some intriguing potential for re-shaping the way real-estate investment happens in practice.

Taking advantage of new federal financial regulations, it opens the doors for a broader subset of individuals to invest, creating new opportunities for community residents to pool resources toward ownership of significant buildings or critical housing.

“The idea that you could invest in a Japanese company but you can’t invest across the street made no sense,” said Ben Miller, who started FundRise three years ago with his brother, Daniel, in Washington, D.C. “I think it’s a revolution in how a city can develop.”

In the campaign to save Marcus Books, any “accredited investor” may provide a loan in the amount they choose and expect an annual return of four percent.

“We are the first nonprofit affordable housing developer to use this platform,” said Tracy Parent of the Land Trust, adding that the plan is to look to “investors across San Francisco and the nation to achieve this fundraising goal.”

Under federal guidelines, investors are considered “accredited” if they have assets totaling more than $1 million, or an annual income of $200,000 a year or higher. Nevertheless, said Parent, the Land Trust is exploring ways to incorporate contributions from anyone who wants to donate.

Ever since the prospect of losing Marcus Bookstore surfaced this past spring, neighbors and supporters from the surrounding community have pitched in to help preserve the cultural institution. It is the oldest African American owned bookstore in the nation, housed in an historic building where, decades ago when it was Jimbo’s Bop City jazz club, luminaries from Dizzy Gillespie to Charlie Parker held late-night jam sessions.

Karen Johnson, a co-owner of the bookstore, remembers when her parents, Raye and Julian Richardson first discovered the building, which had been sitting vacant. “When I found out it was the Bop City building, I figured it was waiting for us,” she said.

Karen Kai is a community member who helped round up supporters for the months long campaign to save the bookstore. When news that the store could be evicted started to spread, “there was such an outpouring,” she said. “People said, we can’t lose this. Because if we lose this, we lose a little piece of our soul.”

On the migrant trail

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P>From 2007 to 2010, Salvadoran journalist Óscar Martínez made six different excursions on The Beast, a rusted freight train that carries Central American migrants throughout Mexico on their journey to the Southern U.S. border. His vivid, eye-opening account is now available in English, in a recently published edition titled The Beast: Riding the Rails and Dodging Narcos on the Migrant Trail, by Verso Books.

The Beast documents the lives and stories of some of the thousands of migrants who make the perilous trip annually. Whether they are heading north to flee violence in their home countries, or simply in pursuit of una vida mejor (a better life), the migrants who embark on this journey expose themselves to untold risk. The trail leads them isolated Mexican territories where the rule of law holds little sway, and bandits affiliated with drug cartels lie in wait of vulnerable targets.

Some of the figures are appalling: An estimated 20,000 of the quarter million Central Americans who journey along the migrant trail annually are kidnapped along the way. Rape is so commonplace in some areas that coyotes aiding women who venture north frequently give them condoms, with instructions to tell their attackers to use them. “They tell them, trying to fight isn’t an option. Not in that jungle,” Martínez said during a recent book reading at Modern Times, relating what he’d learned from migrants while riding The Beast.

Even more alarming is that the everyday violence afflicted against migrants received scant press attention until Martínez highlighted it. And there are dishearteningly few examples of prosecution targeting those who prey on migrants.

More impressive than the considerable risk Martínez took on to get the story was the level of depth and understanding with which he portrayed the migrants he encountered. He did this by getting to know them, spending hours in their presence, and relating to them by learning the slang used on the migrant trail.

Sometimes he would invent a character in order to slip past gatekeepers who sought to keep journalists out. He pretended to be a john when venturing into a brothel in Chiapas, to get the stories of the women profiled in a chapter titled “The Invisible Slaves.”

“Sometimes, you drink a beer and have a conversation, not an interview,” Martínez said during a book reading at San Francisco’s Modern Times Bookstore Collective. “The migrants, they are very kind to talk to me,” he added. “If you’re on the most dangerous trip of your life, why are you going to talk to a guy who asks you stupid questions for hours?”

Martínez produced the series for El Faro, an online publication based in El Salvador that seeks to produce in-depth, long form reporting.

He initially published a compilation of his experiences dodging narcos and killers on the train in a book titled Los migrantes que no importan [The migrants who don’t matter] in 2010. The Beast was named one of the best books of 2013 by the Financial Times, and has earned praise from the New Yorker.

“We spent a lot of time with the migrants beforehand,” he explained when asked how he gained the trust of the people he wrote about. “The project allowed us to do that. We had the time. That’s impossible to do with the rhythms of conventional journalism.”

Since El Faro is funded through private contributions and grants from foundations, it’s geared toward generating the sort of in-depth, well-researched, carefully crafted journalism that has the power to bring about real change.

“To understand, you need time,” Martínez said. It was only after six harrowing journeys, he said, before “I understood the train.”

Now he is working on a project with El Faro called Sala Negra, investigating gang-related violence in Central America. It’s a dangerous occupation, but Martínez believes he is fulfilling his obligation as a member of the press by bearing witness to the violence taking place in Central America. “Not talking about organized crime is not an option,” he said. “Organized crime is a part of the society.” 

 

Marcus Books can stay if it can raise $1 million

Marcus Book Store continues to be threatened with the loss of its Fillmore Street location – but if an ambitious community-based campaign can succeed in raising $1 million by Feb. 28, the institution will be able to remain where it is for the foreseeable future.

At a Thu/5 press conference at the bookstore’s 1712 Fillmore Street location, attorney Julian Davis announced that the bookstore proprietors and the San Francisco Community Land Trust had reached an agreement with the current property owners, Nishan and Suhaila Sweis, enabling the land trust to purchase the property for $2.6 million.

If the money is raised, the property will be transferred to the trust, which will preserve the bookstore as a tenant in perpetuity and keep the upstairs flats as permanent affordable housing.

“This is an opportunity,” Davis told reporters. If the campaign succeeds, “That is going to be a rare victory for retaining cultural diversity in San Francisco.”

Tomiko Johnson, daughter of Karen and Gregory Johnson, said she was proud of her family for securing the agreement.

Marcus Book Store has been facing eviction since earlier this year, when the building was sold to the Sweis family in a bankruptcy sale after a family member of the proprietors got behind on payments after taking out a bad loan.

The new owners operate a taxicab business in San Francisco and had planned on living there, according to Joe Sweis, who spoke at the press conference. But after a wide range of community supporters mobilized to halt the bookstore eviction, “We felt that the best solution was really to just come to the table. We saw that their property meant so much,” Sweis said.

Raising $1 million in less than three months is a tall order, but the land trust is using a new, web-based fundraising tool it hopes will help attract support.

Called FundRise, the tool is similar to a real-estate investment version of the microloan website Kiva.org. It offers some intriguing potential for re-shaping the way real-estate investment happens in practice, particularly in a city like San Francisco where market pressure is so intense that droves of low and middle-income tenants are being priced out.

Taking advantage of new federal financial regulations, it works by allowing anyone – not just bankers or finance professionals – to contribute investment funding of any amount toward property acquisition.

By opening the doors for a broader subset of individuals to invest, the platform can offer greater potential for community residents to pool their resources toward ownership of significant buildings or critical housing.

“It sort of opens up a new power to change the face of a city,” said Ben Miller, who started FundRise three years ago with his brother, Daniel, in Washington, D.C. The brothers said they started it because “The idea that you could invest in a Japanese company but you can’t invest across the street made no sense. I think it’s a revolution in how a city can develop.”

In the case of the FundRise campaign that is being created by the San Francisco Community Land Trust to save Marcus Books, any “accredited investor” who wants to invest in the bookstore can provide a loan in the amount they choose and expect an annual return of four percent.

“We are the first nonprofit affordable housing developer to use this platform,” said Tracy Parent of the Land Trust, adding that the plan is to look to “investors across San Francisco and the nation to achieve this fundraising goal.”

Under federal guidelines, investors are considered “accredited” if they have assets totaling more than $1 million, or an annual income of $200,000 a year or higher.

If Marcus Book Store had more time, it might have been possible to open the door for supporters of any income level to become investors, Miller said. “That usually takes three to four months for regulators to give the green light,” he explained. “February’s too fast – you can’t get the regulators to sign off that quickly.”

But Parent noted that nevertheless, the Land Trust is investigating ways to incorporate contributions from anyone who wants to donate toward the effort of saving Marcus Books, be they accredited investors or not.  

Ever since the prospect of losing Marcus Bookstore surfaced this past spring, neighbors and supporters from the surrounding community have pitched in to help preserve the cultural institution. It is the oldest African American bookstore in the nation, housed in an historic building where, decades ago when it was Jimbo’s Bop City jazz club, luminaries from Dizzy Gillespie to Charlie Parker held late-night jam sessions.

Karen Johnson, a co-owner of the bookstore, remembers when her parents, Raye and Julian Richardson first discovered the building, which had been sitting vacant. “When I found out it was the Bop City building, I figured it was waiting for us,” she said. They had opened the business in 1960 and moved to a series of locations before settling into the Victorian, which averted demolition during redevelopment because it was put on a truck and transported around the corner.

Johnson said she was overwhelmed by support from the community in recent months. “It’s heartwarming, and it’s a witnessing that humanity is still in San Francisco,” she said. “Humanity is a verb,” she added. “You can’t just think it. It’s an action verb.”

Karen Kai is a community member who helped round up supporters for the months long campaign to save the bookstore. When news that the store could be evicted started to spread, “there was such an outpouring,” she said. “People said, we can’t lose this. Because if we lose this, we lose a little piece of our soul.”

No poetry or magic in being a robot

I felt yesterday like I had been scooped after reading Jennifer Maerz’s post in the Bold Italic, which asked: Is Talking About High Rents So Often Crippling Our City?

She linked to the blog of “robotics genius” Kal Spelletich, who is a friend of mine. We’ve been getting into heated discussions on this very topic for months. Kal makes fantastical interactive machines that do things like spit fire, harness random mechanical motion to produce musical notes on a piano or a violin, or engulf you in an aromatic bundle of fennel, just for an instant. His creations are robots.

I spent a bit of time in his studio, a giant waterfront warehouse in the southeastern part of the city where strange, sharp-edged contraptions hang from the ceilings. I shared stories about the articles I was writing, increasingly on evictions and the dearth of affordable housing in San Francisco. But as we dissected the problem, Kal rejected what he saw as a narrative of desperation that has been formulated in response to the city’s affordable housing crisis.

He had his own rant, saying his community’s impulse to make art was being hindered by anxiety-producing discussions over loss of living space. These constant, embittered discussions were not only tiresome but toxic to creativity, he said, and distracting people from actually engaging in their life’s work.

But something about his argument irked me, since the idea that people should bow out gracefully and pursue their creative endeavors someplace else sounded akin to surrender, while the stories I gravitate toward feature individuals who find a way to dig in and stand their ground. And taken as a whole, the greater the exodus of artists and idealists from San Francisco, the more watered-down the city’s cultural soup starts to feel. We debated it endlessly.

Here’s how Kal phrased it on his blog. “We don’t hang and talk about the revolution or our exciting new piece we are working on any more. The wind has been taken out of our sails.  We react to the corporatists and capitalists, we are not proactive. Our dialogue has been taken from us. I feel like we have played right into their hands in more ways than one.”

He concluded it by saying, “The head fuck, stress and wasted energy. … There is nothing poetic or magic about it. And I do not see any answer for it in the Bay Area.”

I reflected on our discussions again when I read Mayor Ed Lee’s interview in the New York Times a couple weeks ago, in which Lee commented that “tech workers aren’t robots.” In a city bursting at the seams with makers and dreamers with high aspirations, those who possess coding skills are favored, since their work is perceived as having economic potential. Lee seemed very concerned with creating an environment in which they can thrive.

As the mayor told interviewer Willy Staley: “What I learned with tech companies is I gotta give people room to experiment, and also to make what might later on be a mistake. This is the attitude I want to build within San Francisco — give some time to the tech community. At the end of the day, tech workers are not robots: they feel, they think, they have values.”

That philosophy – the idea that people are people, and need room to breathe, experiment, maybe even maybe mess up – actually makes sense as a core value. The problem, as I see it, is that the economic reality of San Francisco makes it such that this recognition is extended exclusively to the tech set, while the same leeway is not granted to other kinds of makers, or to those pursuing a kind of success that can’t be defined strictly in financial terms. At the end of the day, all San Franciscans feel, think, and have values – but only some are receiving support for their work in the form of funding or policies that facilitate their success.

While one class is being encouraged to try, and forgiven when they fail, a different set – the creative or activist types who aren’t doing it for the money – are being sent the message that they must behave like tightrope walkers, or maybe robots, if they want to remain.

There are some signs of creative resistance – a community rallying together in memory of its heroes, some mischievous comic relief, here and there. By tapping into imagination instead of draining it all away with worry, this could prove to be the start of something.

Albany Bulb dwellers speak out on temporary shelter arrangement

The ongoing eviction saga at the Albany Bulb, which the Guardian has covered extensively in recent weeks, previously hinged on a debate around conflicting ideas over what was considered appropriate use for a waterfront park.

Environmentalists and others wanted encampments cleared so the Bulb could be a strictly recreational area, while longtime Bulb dwellers fought to stay on the waterfront land, which offered them a safe harbor where they could live peacefully in D.I.Y. spaces cobbled together with whatever materials they could find.

Now that the city has gotten the green light to move forward with clearing homeless residents’ camps, however, the ongoing saga is shaping up to be a study in how a city ought to deal with a newly uprooted population that has been, or is about to be, forcibly removed from self-styled dwellings that were at least safe and stable, if technically illegal and unconventional.

The city of Albany, working with a group called Operation Dignity, has installed temporary shelters at the Bulb that will remain there for six months. However, that approach has prompted the 49 organized homeless residents to issue a press release essentially condemning the arrangement as inadequate, dehumanizing, and ultimately ineffective at addressing homelessness.

In a press release issued today by Share the Bulb, a group of residents and supporters who’ve sought to defend their right to stay, residents described conditions in the newly installed shelters as prison-like, and labeled them “internment trailers.”

The Guardian was unable to reach the city of Albany or representatives from Operation Dignity for a response to the Bulb dweller’s complaints. But here’s an excerpt from Share the Bulb’s public statement:

“There are 49 current residents at the Bulb, but the internment trailers have room for only thirty people, stacked on top of each other in bunk beds. The trailers will only be open for six months. After that six-month period, Bulb residents who haven’t found housing elsewhere will be forced onto the streets of Albany or surrounding municipalities…

“The trailers open each day at 5:30pm and participants must be inside by 8pm, after which they are not permitted to step outside the trailers. Participants must then be out by 8:30am, without access to the facilities throughout the day…

“The rules also prohibit sexual interaction between participants and require gender separation, even for intimate partners who currently live together on the Bulb. One such couple has been together for 32 years.

“There are a total of four kennels for dogs of shelter participants, which is insufficient for the twenty dogs Bulb residents own. There are no accommodations for cats, effectively excluding the seven ESAs which are cats, and their owners.”

Uncomfortable as these conditions may be in comparison with what residents had built and settled into for years, the shelters are merely a temporary measure. The ultimate question is whether or not these individuals will succeed in finding housing once the camps have all been cleared, and the shelters cease to be an option.

Port of Oakland work stoppage gets chaotic

A work stoppage at the Port of Oakland became somewhat chaotic this morning.

An Oakland police officer had his foot run over by a vehicle crossing a picket line, but opted not to press charges against the driver.

“He’s fine,” said Officer Johnna Watson, a spokesperson for OPD. “He continues to work.”

The incident occurred in front of the gate area of Berths 57, 58 and 59, near 1999 Middle Harbor Road. Picketers gathered early this morning (Wed/27) as part of a work stoppage staged by independent truck drivers who fear job loss on Jan. 1, when their trucks fall out of compliance with new clean-air regulations that will take effect at the port.

Asked for the name of the police officer and the identity of the driver, Watson said, “We’re not going to share any of that information.” She added, “It’s an unfortunate accident. The officer does not want to charge the driver with anything. His primary goal and function was the safety of the protesters in the roadway.”

One of the picketers said a vehicle struck her as it drove across the picket line, but police did not apprehend the driver.

“It all happened really quickly,” said Effie Rawlings, the woman who was struck.  “We were on the picket line. We were walking in circles. There were police there. This one person in a car was trying to pass through. The car lurched into the picket line and hit me. It knocked me off my feet into some other people.” Rawlings said she was bruised and sore but not seriously injured.

She said she did not get a good look at the driver or the vehicle, which continued driving after the collision occurred.

It is unclear whether this was the same vehicle that also ran over the police officer’s foot, but Rawlings said both incidents occurred in the same timeframe. While she did not see the police officer get his foot run over, Rawlings said she did witness the officer’s reaction. “I saw him walking away, making some noise about it. He was kind of cursing and whatnot.”

Watson said police did not receive any reports of anyone else being struck by a vehicle.

The picket began a little after 5am today (Wed/27). The work stoppage was staged by independent truck drivers who are seeking emergency assistance to help them comply with clean-air regulations that will take effect on Jan. 1. Since many cannot afford engine upgrades that would bring them into compliance with the rule change, many will be unable to work at the port as a result.

The Oakland Police Department issued at least five citations to picketers, for blocking traffic. Elizabeth Flynn, who served as a spokesperson for the picketers, estimated that between 50 and 70 gathered at entranceways throughout the port. Watson said police estimated there were 30 to 40 picketers as of 6:30am.

As the Guardian reported in this week’s paper, the California Air Resources Board made $58 million available in 2011 to assist financially strapped truck drivers in obtaining compliant vehicles. Although only $10 million was spent for this purpose, the remainder of that funding was reallocated, and is no longer available for truckers facing possible job loss.

Heavy-duty problems

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rebecca@sfbg.com

As a kid, Turcilo Caldera would climb into his father’s big rig and accompany him on runs to the Port of Oakland. “He would sit me on his lap and show me how to drive,” he remembered.

Originally from Nicaragua, Caldera came to California at age 5 and grew up in San Francisco’s Excelsior District. Now 30, he too is a trucker.

Speaking by phone around 8:30pm on a recent Friday, on his way to Stockton to drop off a shipment, he recounted how he’d arrived at the port at 5am and waited in line until 8:30am, only to move to a different line to pick up a load. “I ended up leaving the terminal around 10,” he said. That’s when he started getting paid.

Companies pay by the load, regardless of the time it takes to wait in line. Caldera works 12 to 13 hours a day.

He recently became a member of the Port of Oakland Truckers Association. It’s not a union, since truckers are classified as owner-operators rather than employees of the companies that hire them. Nevertheless POTA, which represents several hundred owner-operators, reflects the truckers’ attempt to ban together for better working conditions.

Truckers never know what they’re hauling, but it’s safe to assume that major retailers — Walmart, IKEA — are expecting shipments in advance of a holiday shopping blitz. While some companies anticipate a bump in profits, POTA and hundreds of other port truckers are facing potential job loss come New Year’s Day.

At a Nov. 22 meeting, POTA membership voted unanimously to begin a work stoppage at the port, starting Wednesday (11/27). “We don’t want to stop working, we need to make a living,” said Roberto Ruiz, a POTA member. “But this is the only thing they respond to.”

On Jan. 1, 2014, when new clean air regulations go into effect, hundreds of independent truck drivers will lose work as their vehicles fall out of compliance. They can’t afford to pay out of pocket for trucks that are compliant with new emission control regulations. Many face a tough time getting loans, and those who have dodged the bullet by securing a loan now find themselves in a worse financial crunch than before.

Many could be forced out of jobs completely. By the Port’s estimates, around 80 percent of the roughly 6,000 registered to service the Port are set to be in compliance. POTA estimates 800 truckers could be impacted.

POTA’s vote to stop work followed a series of meetings with Oakland Mayor Jean Quan and Deputy Mayor Sandré Swanson, as well as representatives from the Port and the California Air Resources Board (CARB) to try and hash out a solution.

In meetings, POTA asked city officials and CARB to identify funding to help those in danger of job loss retrofit their vehicles to comply with the clean-air regulations. They also proposed some solutions: They want fees billed to shipping customers for the time truckers must spend waiting in line for the loads they haul, to help offset the cost of buying and maintaining compliant trucks.

The Jan. 1 ban on older trucks is part of a broader effort to alleviate air pollution in surrounding West Oakland, where cancer and asthma rates are abnormally high. The Port’s system of loading cargo shipments results in long lines idling for hours, leading to a chronic congestion problem that has fouled the air. Before the problem was addressed, “Ports were where old trucks went to die,” explained Isaac Kos-Read, a Port of Oakland spokesperson. “Old trucks were the worst polluters on the road.”

West Oakland, known for its iconic shipping cranes, has traditionally been a majority African American neighborhood with lower income levels than the surrounding Bay Area. The demographic is beginning to change as comparatively well-heeled newcomers settle in, but it was an economically disadvantaged community of color who disproportionately bore the brunt of harmful air pollution for decades. Switching to low-sulfur fuel for shipping vessels has helped the port make drastic reductions in air pollution, but harmful emissions linked to asthma are still emanating from truck tailpipes.

The rule change will lead to what is indisputably an environmental improvement. But that benefit doesn’t have to come with the tradeoff of job loss. State funding was made available in 2011 to help financially strapped truckers afford new rigs or retrofits — but the funding has now vanished, and truckers who are late in pursuing compliance are finding doors shut all the way around.

In December of 2011, the California Air Resources Board made $58 million available to the owners of 2,100 trucks across California “to replace their retrofitted trucks with newer trucks,” Karen Caesar, a CARB spokesperson, explained in an email. About 1,700 of those could legally service the Port of Oakland.

The funding came from a $4.5 billion set-aside created by Proposition 1B, a transportation bond approved by voters in 2006. The $58 million was available for truckers who had installed filters to comply with an earlier regulation limiting diesel particulates.

In theory, the funding was enough to award all 2,100 trucks more than $25,000 apiece. That’s an amount that Frank Adams, an organizer with POTA, told the Guardian would be adequate for affected truckers to get compliant without going underwater.

But that’s not what happened. “Applications for 970 trucks were received,” Caesar explained, bringing the total funding request to $24 million. But in the end, CARB awarded grants to just 359 trucks, disbursing $10 million. The rest of the money was reallocated to other air-quality improvement programs, Caesar said.

And since the remaining funding is now gone, neither the city of Oakland nor CARB has come up with any other answers for the truckers. “We’ve been meeting with them on a regular basis to see if there are other funding sources,” Kos-Read said. “We want to help all the truckers.” But the meetings clearly haven’t been productive, since POTA’s staging a work stoppage during the busiest shopping week of the year.

CARB officials emphasize that truckers can still take road work even after they’re banned from ports, but Caldera says it’s not that simple. “If my dad were to decide to run up and down California, he wouldn’t be home like he is now,” he said. Road work means being away from home for possibly long stretches, and it’s unclear whether enough of those jobs exist to make up for the port jobs that will be lost.

The truckers represent a predominantly immigrant workforce, with many native speakers of Chinese, Punjabi, and Spanish. “Most of the truckers don’t speak English, let alone write good English,” Adams said. He guesses that’s why some didn’t apply for CARB funding.

Yet CARB officials say they sent out materials in various languages and held outreach events. As for those now trying to stave off job loss, “It’s not as if this blindsided anybody,” Caesar said.

Caldera’s truck is compliant, but only because he borrowed $50,000 from a relative to purchase the $72,000 rig, which replaced a 2006 truck purchased on loan. Today, “I’m still paying that loan, which is $680 a month,” he explained. “But it’s not as much as I’m paying for my new truck.”

Truckers’ financial problems go deeper. Caldera estimates that fuel costs eat up around 40 percent of his earnings. There are insurance payments, registration fees, maintenance and other associated costs, all borne by the truckers and not the companies that hire them.

As it turns out, selling cheap Chinese goods to American consumers is rather lucrative. Delivering said goods by truck is not, even though it’s integral to the business.

Then there’s the restroom problem. A Port a Potty was recently installed near the Port entrance, Caldera said, but it’s only a partial solution. Truckers aren’t supposed to exit their vehicles while they’re waiting. “If you decide to go to the bathroom you have to leave your spot in line,” but that just means more unpaid time sitting in line. “So we have to carry bottles in here,” he said. “These are awful conditions. This is something that I imagine in a third world country where people have no rights.”

Now, with a work stoppage looming, the truckers could also wind up entangled in legal problems since they have no union and no authority to strike. “It’s a complicated and unclear legal situation that they’re in,” said attorney Dan Siegel, who is advising POTA. “Because they’re ‘owners,’ they’re not considered workers under labor laws … they are subject to punishment for anti-trust violations.”

“They cannot illegally block streets,” said Kos-Read, the port spokesperson. “Our goal is to respect the trucker’s free speech rights and keep commerce flowing.”

On Nov. 21, POTA members visited the International Longshore and Warehouse Union seeking support. Clarence Thomas, speaking as a rank-and-filer of the ILWU Local 10, said union or no, the truckers deserve to be treated fairly.

“For many years, trade unionists have looked at those workers as having a sweatshop on wheels,” Thomas said. “We don’t want to see anyone at the Port being exploited.”

 

Serial evictors named in mapping project

The San Francisco Anti-Eviction Mapping Project – the same tenant advocates who produced this time-lapse of Ellis Act evictions – have published a new interactive data visualization, displaying locations of properties where seniors and disabled tenants were ousted by no fault of their own.

Showing data over the last three years, the map plots locations of where tenants were evicted under the Ellis Act, and displays the identities of the responsible landlords for each affected unit.

“Waiting lists for public senior housing take years. Often senior and/or disabled tenants are forced to leave San Francisco altogether, or end up on the street homeless,” Anti-Eviction Mapping Project organizers wrote in a statement accompanying the interactive map. “If dispossessed from the city, they often lose access to vital city-subsidized healthcare and community support that they had been reliant upon.”

At today’s (Tue/26) Board of Supervisor’s Meeting, legislation seeking to assist seniors affected by Ellis Act evictions won preliminary approval by the full board. Called the Ellis Act Displaced Emergency Assistance Ordinance, it prioritizes evicted seniors when they seek to access affordable housing programs administered by the city.

“We need this measure to keep residents who have no other means of permanent housing from becoming homeless,” said Board President David Chiu, who cosponsored the legislation along with Sups. David Campos, Jane Kim, Eric Mar and London Breed.

The Anti-Eviction Mapping Project also released a time-lapse plotting the total number of no-fault evictions from 1997 to 2013. A counter that starts when you hit the play button breaks down the number of units where evictions were carried out under the Ellis Act, via owner move-in evictions, and through demolition.

The grand total for that timeframe is 11,766 no-fault evictions. That’s counting units, not individual tenants. Owner move-in evictions made up the lion’s share, with 6,952 units affected. Watch the visualization here.

Meanwhile, tenant advocates who are developing these data-driven presentations are also conducting a survey to gather information for another mapping project in the works.

SF General reduces psychiatric care

A 22-bed psychiatric unit at San Francisco General Hospital will be taken out of service, and re-opened only if the facility experiences a high caseload of patients exhibiting the worst signs of psychiatric crisis, the Bay Guardian has learned.

As of Nov. 19, five patients were receiving care in that unit, 7B, according to spokesperson Rachael Kagan. None had symptoms that rose to the level of requiring acute care. Instead, they were classified as sub-acute patients, a distinction that essentially means they didn’t present an immediate threat to themselves or others.

But under a new policy that will take effect after they have been released, all 22 beds in 7B will be closed – unless they are needed for acute patients who do reach that critical threshold. The unit will be staffed only if patients can’t be accommodated in the hospital’s other acute psych unit, which has 21 beds.

The decision was made in response to a changing financial picture under federal health care reform, Kagan explained.

“There is a big push … to ensure hospitals are only providing acute care,” Kagan said, and this trend is driving efforts to reduce sub-acute patients. “It fiscally makes more sense,” she added, because insurers pay higher rates for acute care than for lower levels of treatment.

Yet some hospital staff members are nervous about the implications of this shift, because it means fewer patients will be able to access psychiatric care at SF General until they represent a danger to themselves and/or the general public – at a time when demand for these services is on the rise.

“To us, it’s a matter of priority for the city,” said Brenda Barros, an employee at SF General who is active with hospital union SEIU 1021. “Do you want to take care of these people, or don’t you?” 

Some staff members are doubtful that 7B will reopen. An internal SF General memo issued Nov. 18 informed 7B staff: “Our census will be gradually reduced until we won’t have any more patients. Then 7B will be closed.” The memo added, “this came from [SF General CEO] Sue Currin due to budgetary constraints.”

However, a second internal memo went out the following day, to “clarify” the first one. In that message, Nursing Director Kathy Ballou wrote: “We are not closing psych beds or any beds.” Instead, beds in 7B would be closed unless “we get acute patients needing that level of care,” she wrote. “As in other hospitals, we are accountable to our operating budget.”

Further complicating matters, said Barros, is that patients can fluctuate rapidly between needing acute care and a lower level of attention. “They absolutely can swing back and forth.” She added that patients initially requiring a lower level of care could experience worsening conditions if they’re unable to secure an appointment in time to get help, and delays are very common.

Kagan emphasized that the unit wasn’t being closed down, but did confirm that sub-acute patients would no longer be able to receive treatment in 7B. Instead, those patients will be placed with various service providers throughout the city, she said. “The goal is to move the patients to their appropriate placement.”

Meanwhile, this shift coincides with an overall rise in citywide demand for psychiatric services. According to a report delivered to the Police Commission earlier this year, SF General had 6,293 patient admissions for psychiatric holds in 2012, a sharp increase from 5,837 in 2009.

While there were deep cuts to the city’s Department of Public Health during the economic downturn, Mayor Ed Lee has recently trumpeted a boost to city coffers thanks to growing economic activity. But if the city’s financial health has improved, it seems odd that its flagship safety-net hospital would be put into the position of reducing psych care due to budgetary pressures when that kind of care is sorely needed.

For Barros, it’s a matter of whether or not city officials will decide to allocate more funding for mental health services. “If they don’t have enough money in Public Health,” she said, “then they need to put more into Public Health.”

Parents under pressure

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 In recent weeks, the San Francisco Unified School District held a series of community forums to ask parents what they think kids need in order to thrive in school. The meetings were held as part of a policymaking process leading up to next year’s renewal of two important funds — the Children’s Fund and the Public Education Enrichment Fund, which account for some $100 million in funding combined.

There were huge turnouts — a Chinatown forum, where Mayor Ed Lee was reportedly in attendance, attracted more than 180 participants, while a Nov. 14 meeting at Cesar Chavez Elementary in the Mission District drew a crowd of between 80 and 90.

The parents weren’t exactly asking for more museum field trips for their kids. During breakout sessions where facilitators wrote group members’ concerns on flip pads, a few recurring themes emerged. “Job security for parents,” one read. “Affordable housing,” another stated. “It’s a shame to have to talk about lack of funds given wealth and corporations in SF,” more parent feedback stated.

Maria Su, director of the San Francisco Department of Children, Youth and their Families, thanked parents for coming and told them, “We know how hard it is and how challenging it is to survive in the city. But that doesn’t mean we should give up.”

The whole exercise provided a glimpse into just how tough it is for families to get by in a city where a hefty cost of living amounts to serious pressure. “The sacrifices they make is, their children will have access to resources you can’t get anywhere else,” said Mario Paz with the Good Samaritan Family Resource Center, who works with a lot of Latino immigrant families.

A report digesting the findings of stakeholder focus groups boiled it down. “Many participants commented on … the extraordinarily high cost of living in San Francisco,” it noted, which “contributes to both financial and emotional strain on the part of our many working class and lower income residents.” 

 

Eviction epidemic spurs legislative solutions

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Tenants, organizers and residents impacted by Ellis Act evictions packed the Board of Supervisors Chambers at San Francisco City Hall Nov. 14 for a hearing on eviction and displacement in San Francisco. As more and more residents face ousters only to be priced out, lawmakers and advocates are floating legislative fixes to try and reverse the trend before it reaches the soaring levels of the displacement epidemic that impacted the city during the first dot-com boom.

“It seems to me that we have a tale of two cities,” Sup. David Campos, who requested the hearing, said at the start of the discussion, held at the Board of Supervisors’ Neighborhood Services and Safety Committee. “We must act urgently to address this crisis, which I believe is a crisis,” he added. “We are fighting, I think, for the soul of San Francisco.”

Fred Brousseau of the San Francisco Budget and Legislative Analyst’s office shared his recent analysis on eviction and displacement trends across the city.

Overall evictions in San Francisco rose from 1,242 to 1,716 over the past three years, he said, reflecting an increase of 38.2 percent. Ellis Act evictions rose by 169.8 percent in that same time frame.

Almost 42 percent of individuals impacted by eviction had some form of disability, Brousseau noted, while 49 percent had incomes at or below the federal poverty level. On the whole, a total of nearly 43 percent of San Francisco households are “rent-burdened,” a term that officially means devoting more than 30 percent of household income toward rent, the study found.

Ted Gullicksen of the San Francisco Tenants Union emphasized that tenant buyouts, frequently offered in lieu of an eviction, are also driving displacement, although those transactions aren’t reflected in city records. “There are about three of them for every Ellis Act eviction,” he said. “When you consider them in combination with Ellis, the numbers are very dramatic.”

Throughout the afternoon, tenants shared their stories and fears about getting frozen out of San Francisco by eviction. “I’m looking at shopping carts, and I’m terrified,” one woman told supervisors during public comment. “You have to do something. It might not be enough for me right now, but you can’t do this to any more people.”

Campos is working with Assembly Member Tom Ammiano on a proposal to grant San Francisco the authority to place a moratorium on Ellis Act evictions. He’s also pursuing legislation that would create a mechanism at the San Francisco Rent Board to allow tenants to register formal complaints about landlord harassment and other kinds of pressure.

“I am eager to introduce a bill in January,” Ammiano noted. “One option might be a law that will allow the local jurisdictions, like San Francisco, to suspend the Ellis Act or establish a moratorium, because of the emergency housing situation. Another possibility is working to make sure that landlords are not skirting Ellis eviction requirements by improperly pressuring tenants to leave. We must do something, but we have to work together to make it successful.”

Meanwhile, Mayor Ed Lee recently announced that he is working with Sen. Mark Leno on legislation to curb Ellis Act evictions by requiring additional permits or hearings before they proceed. They’re also contemplating floating more stringent regulations on the sale and resale of properties where tenants have been evicted under Ellis.

At the end of the day, it’s clear that housing advocates are gaining momentum as the spike in tenant ousters continues in pricey San Francisco, where rents are the highest in the nation.

 

Overstimulated

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Environmentalists who oppose fracking in California are concerned about more than possible groundwater contamination or other hazards that could directly result from the fossil fuel drilling practice. They also want to save the planet.

The Monterey Shale, a massive underground geological formation spanning a large swath of California, contains approximately 15 billion barrels of hard-to-get oil that could technically be extracted in massive fracking operations, Kassie Siegel of the Center for Biological Diversity said during a Nov. 15 call with reporters.

All told, burning that quantity would eventually release six billion metric tons of carbon dioxide into the air. “That is a carbon bomb,” Siegel stated bluntly. Combined with methane that is released from the wells during the drilling operations, “a fracking boom in California could undo all the progress our state has made on greenhouse reductions,” she warned.

But for now, the debate on fracking in California is focused on newly drafted state regulations that would place controls on the practice for the first time. The proposed rules pertain to permitting and disclosure in the areas surrounding individual wells — yet they don’t contemplate the cumulative impact of fossil fuel combustion over time.

Fracking, formally known as hydraulic fracturing, is a technique used for extracting oil or natural gas. It involves injecting high-pressure fluids underground, often containing toxic chemicals, to break up bedrock in order to access the fossil fuel sources trapped within. The California Division of Oil, Gas, and Geothermal Resources (DOGGR) released a set of draft regulations Nov. 15 proposing new rules around what’s known as “well stimulation,” industry-speak for a type of drilling that includes fracking.

The new rules are slated to go into effect on Jan. 1, 2015. They’ll continue to be hashed out throughout next year, and DOGGR will accept public comment on the initial proposal until Jan. 14, 2014.

The regulations came about in response to Senate Bill 4, legislation enacted Sept. 30 after a statewide coalition of environmentalists launched a campaign to put a stop to fracking, which is already happening in some parts of California. Many groups within that coalition viewed the legislation as flawed, because it didn’t prohibit the practice outright.

“The only safe way forward for California is a halt to fracking in our state,” Siegel said.

Still, the draft regulations do seek to place new requirements on the oil and gas industry in an effort to protect public health where fracking occurs. According to DOGGR records, fracking is most common in Kern County.

“There are some good provisions in the regulations,” Bill Allayaud of the Environmental Working Group said in the briefing. “For the first time, all forms of well stimulation will require a permit from DOGGR. That’s a good thing.”

The rules will also require companies to conduct an analysis of groundwater and other wells nearby before proceeding with fracking operations, unlike before. The new regulations also establish a notification process to make nearby residents aware of new drilling operations.

Meanwhile, SB 4 calls for an environmental impact report and a study on the overall health and safety effects of fracking — but it’s unlikely that this study would result in a prohibition on the drilling practice, as environmentalists had initially called for.

“The Natural Resources Agency is currently developing the scope of the study and will begin the analysis in December 2013,” according to a fact sheet published by DOGGR.

“We don’t think we’ll be getting deep answers as to whether fracking and acidization and all forms of well stimulation are safe or not, for both protecting public health and the environment,” Allayaud said.

Meanwhile, he expressed concern that the public comment period for the initial set of proposed rules did not provide enough time for concerned Californians to respond, because people are being asked to weigh in over the course of the holiday season. The Environmental Working Group has requested an extension of that deadline, but it seems unlikely that DOGGR will grant one.

“The comment period was extended from the mandatory 45 days to 60 days for that reason,” California Department of Conservation Chief Deputy Director Jason Marshall said when asked whether the deadline extension would be granted in light of the holidays. “Additionally, we are anticipating an additional 45-day public comment period after the initial draft regulations are adjusted based on that initial public comment.”

Environmentalists also voiced the concern that while DOGGR plans to hold a series of public hearings on the proposed fracking regulations, none will be held in the Bay Area, despite its concentration of advocates who helped get the statewide opposition campaign off the ground.

“The law requires one public meeting, if requested. We are doing five, primarily in areas of the state where oil production is most common,” Marshall responded when asked why there weren’t any Bay Area meetings scheduled.

Asked whether any of the pending studies would take into account the six billion metric tons of CO2 that could potentially be released if the Monterey Shale were to be developed, Marshall seemed to suggest that the state was willing to go along with a regulated form of fracking even as it continues pursuing initiatives to curb greenhouse gas emissions.

“We still derive over 90 percent of our transportation fuels from hydrocarbons,” he wrote in an email. “With SB 4 and these regulations, California is acting now to ensure that extraction of those hydrocarbons happens in the safest way possible, even as we work to reduce our energy dependence on those hydrocarbons.”

Parents under pressure

In recent weeks, the San Francisco Unified School District has held a series of community forums to ask parents what they think kids need in order to thrive in school. The meetings were held as part of a policymaking process leading up to next year’s renewal of two important funds – the Children’s Fund and the Public Education Enrichment Fund, which account for some $100 million in funding combined.

There were huge turnouts – a Chinatown forum, where Mayor Ed Lee was reportedly in attendance, attracted more than 180 participants, while a Nov. 14 meeting at Cesar Chavez Elementary in the Mission District drew a crowd of between 80 and 90.

The parents weren’t exactly asking for more museum field trips for their kids. During breakout sessions where facilitators wrote group members’ concerns on flip pads, a few recurring themes emerged. “Job security for parents,” one read. “Affordable housing,” another stated. “It’s a shame to have to talk about lack of funds given wealth and corporations in SF,” more parent feedback stated.

Maria Su, director of the San Francisco Department of Children, Youth and their Families, thanked parents for coming and told them, “We know how hard it is and how challenging it is to survive in the city. But that doesn’t mean we should give up.”

The event provided a glimpse into just how tough it is for families to get by in a city where a hefty cost of living amounts to serious pressure. “The sacrifices they make is, their children will have access to resources you can’t get anywhere else,” said Mario Paz with the Good Samaritan Family Resource Center, who works with a lot of Latino immigrant families.

A report digesting the findings of stakeholder focus groups distilled the pressures facing families. “Many participants commented on … the extraordinarily high cost of living in San Francisco,” it noted, which “contributes to both financial and emotional strain on the part of our many working class and lower income residents.”

Hundreds attend hearing to call for action on evictions

Tenants, organizers and residents impacted by Ellis Act evictions packed the Board of Supervisors Chambers at San Francisco City Hall today, Thu/14, for a hearing called by Sup. David Campos on eviction and displacement in San Francisco.

“It seems to me that we have a tale of two cities,” Campos said at the outset of the hearing, which was held by the Board of Supervisors Neighborhood Services and Safety Committee. “The vast majority of individuals are struggling to stay in San Francisco. We must act urgently to address this crisis, which I believe is a crisis.” He added, “We are fighting, I think, for the soul of San Francisco.”

Tony Robles of Senior and Disability Action, who showed up at the hearing wearing a black hooded sweatshirt with pobre (the Spanish word for “poor”) printed across the front, expressed his frustration with the surge of evictions taking place in the booming economic climate. “We have been overlooked – the workers, communities of color … it’s almost as if we are an afterthought,” he said.

Fred Brousseau of the San Francisco Budget and Legislative Analyst’s office delivered a report on his recent analysis of eviction and displacement trends across the city.

Overall evictions in San Francisco rose from 1,242 in 2010 to 1,716 in 2013, reflecting an increase of 38.2 percent, according to San Francisco Rent Board Data highlighted in Brousseau’s report. 

Ellis Act evictions in particular increased by 169.8 percent in that same time frame, he said, with the most recent data showing a total of 162 Ellis Act evictions over the twelve months ending in September 2013. That number reflects units evicted, not how many tenants were impacted.

Ted Gullicksen of the San Francisco Tenants Union emphasized that tenant buyouts, frequently offered in lieu of an eviction, are also driving displacement even though these transactions aren’t reflected in city records.

“We need to get in control of these buyouts,” he said. “There are about three of them for every Ellis Act eviction. When you consider them in combination with Ellis, the numbers are very dramatic.”

Brousseau also showed a slide profiling the people who’ve been impacted by evictions citywide. Almost 42 percent had some form of disability, the data revealed, while 49 percent had incomes at or below the federal poverty level.

On the whole, Brousseau said, a total of nearly 43 percent of San Francisco households are “rent-burdened,” a term that officially means devoting more than 30 percent of household income to monthly rental payments.

Throughout the afternoon, tenants shared their stories and fears about getting frozen out of San Francisco by eviction. “I’m looking at shopping carts, and I’m terrified,” one woman told supervisors during public comment. “You have to do something. It might not be enough for me right now, but you can’t do this to any more people.”

Hene Kelly noted that elderly tenants are being disproportionately impacted by Ellis Act evictions. “They don’t have the reserves, they don’t have the jobs, and they don’t have the money to be able to move if they are evicted,” she said. Referencing landlords and speculators who are driving displacement, she added, “It makes me think of cabaret. Money, money, money, money, money makes the world go round.”

Campos noted that he is working with Assembly Member Tom Ammiano on a proposal to grant San Francisco the authority to place a moratorium on Ellis Act evictions.

He’s also working toward legislation that would create a mechanism at the San Francisco Rent Board allowing tenants to register complaints of harassment or other forms of pressure from landlords seeking to drive them out.

His proposal also envisions doubling the amount of relocation assistance that landlords would have to provide to tenants, in the case of no-fault evictions. He also mentioned the possibility of regulating buyouts, by requiring landlords to record these transactions with the rent board, and possibly prohibiting property owners from charging market-rate rent directly after completing a tenant buyout.

Meanwhile, Mayor Ed Lee recently announced that he is working with Sen. Mark Leno on legislation that is meant to reduce Ellis Act evictions. That proposal would require additional permits or hearings before an Ellis Act eviction could go forward, and place more stringent regulations on the sale and resale of properties where tenants have been evicted under the state law.

Just a couple weeks ago, a coalition of housing advocates proposed a sweeping package to turn the tide on evictions.

At the end of the day, it’s clear that housing advocates are gaining momentum as the spike in tenant ousters continues in pricey San Francisco, where rents are the highest in the nation.

“We’ve never been late on our rent,” noted Beverly Upton, executive director of the San Francisco Domestic Violence Consortium, who is battling an Ellis Act eviction. “We’ve paid for every improvement ever done in 25 years. And now we have to leave.” She appealed for legislators to take action for the sake of the city’s future, asking, “Once the advocates and the organizers and the people who care are gone, who will be left in our city?”