Sarah Phelan

Environmental groups appeal final EIR on Lennar’s Candlestick/Shipyard plan

Mary Magee
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Environmental groups appeal final EIR on Lennar’s Candlestick/Shipyard plan

The Sierra Club, the Golden Gate Audubon Society, the California Native Plant Society’ and San Francisco Tomorrow have filed an appeal with the Board of Supervisor’s and the city’s Planning Department over the Planning Commission’s June 3 certification of the city’s controversial final environment report (FEIR) for Lennar’s Candlestick Point/ Hunters Point Shipyard redevelopment project.

The move means that the FEIR, which otherwise would not have come before the Board for review, now heads to the Board for a hearing within 30 days of the group’s June 21 appeal filing. The move also means that the City, which laid out an aggressive schedule for seeking approvals from a myriad of government agencies and departments, cannot seek further approval actions on the project until the Board holds a hearing, which will likely occur on or before July 20.

The San Francisco Bay chapter of the Sierra Club, the Golden Gate Audubon Society, the California Native Plant Society’s Yerba Buena Chapter and San Francisco Tomorrow cited nine major deficiencies in their appeal , but noted that by removing plans to a) build a bridge over Yosemite Slough, b)erect luxury condos on state parkland and b) compromise clean-up efforts at Parcel E2, which is the most polluted land at the shipyard, resolution of many of these disputed issues could be expedited.

“If the Board of Supervisors acts promptly, revisions to the EIR may be made quickly and result in a minimal delay in the progress of the project,” the appeal warns. “Alternately, resolution of many of these disputed issues may be expedited by a decision to remove from the FEIR and Project Plan the provisions for the bridge over the Yosemite Slough, the transfer of land in Candlestick Point State Recreation Area, and compromised clean-up efforts at Parcel E2.”

In their appeal, the four groups noted that they each group and its members represent “a sizeable constituency that has been actively participating in the development of the EIR” for almost a decade and that has conducted or funded studies to inform the Draft EIR and has filed comments to the DEIR and other planning documents.

“Unfortunately, the data, comments and testimony provided by the Appellants and their members have been dismissed or outright ignored by the Planning Department and the developer in this process, resulting in fatal flaws in the FEIR and necessitating this appeal,” the four groups state.

‘Because many portions of the FEIR are inaccurate and incomplete, the Planning Commission erred in adopting several findings and certifying the FEIR,” the appeal concludes. ‘Therefore, we are appealing the FEIR because:
1.    The FEIR failed to adequately analyze an alternate Bus Rapid Transit (BRT) router around Yosemite Slough;
2.    The FEIR failed to adequately assess impacts resulting form the landfill cap on Parcel E2, which is a lower standard for the clean-up than required by San Francisco voters as expressed in Proposition P;
3.    The FEIR inaccurately and incompletely assessed the impacts from transferring approximately 20 acres of public shoreline land in Candlestick Point State Recreation Area to the developer for construction of high-end housing;
4.    The FEIR failed to analyze those elements of the project’s Sustainability Plan that could have significant environmental impacts, including two proposed heating and cooling plants (which appear to be power plants) to serve at least 10,500 units in the Project and a Project-wide recycling collection system;
5.    The FEIR failed to adequately consider impacts to the bird-nesting island component of the Candlestick Point State Recreation Area’s proposed 34-acre Wetland Restoration Project, which is already permitted and planned for construction this year;
6.    The FEIR failed to adequately address impacts to eight MUNI lines, which would significantly increase transit times, increase delays during peak hours, potentially dissuade ridership, and/or require increased service, busses, or drivers;
7.    The FEIR failed to adequately assess impacts resulting from the construction and maintenance of the Project’s underground utility matrix;
8.    The FEIR failed to adequately address the fact that the Project will result in increases in air pollution that will exceed existing air quality standards—indeed even though the FEIR admits exceedences of air quality levels will occur, those statements are underestimates because the FEIR failed to consider that the development in combination with other development plans will result in significant traffic congestion on Highway 101 and Interstate 280 and fore more traffic onto surface streets; and
9.    The FEIR included conclusions based on false, inaccurate and/or biased statements as “evidence,” including (but not limited to) that one cannot have an ‘undisturbed nature experience” in an urban area as a rationale for dismissing impacts that will inevitably result from construction of the bridge over Yosemite Slough and/or the reduction of public land in the Candlestick Point State Recreation Area.

In their appeal, Mike Lynes, Conservation Director Golden Gate Audubon Society, Linda J.Shaffer, Vice President, California Native Plant Society, Yerba Buena Chapter, Jennifer Clary of San Francisco Tomorrow, and Arthur Feinstein, Sierra Club, San Francisco Bay Chapter, promised that each of the abovementioned deficiencies will be further documented by additional submissions to the record prior to a hearing on this appeal by the Board. So, stay tuned.

Endangered Species Act protection sought for Franklin’s bumble bee

Mary Magee
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Endangered Species Act protection sought for Franklin’s bumble bee

I’ve been obsessed with bees in general, and bumble bees in particular for some time now. I’m fascinated by the bumble bee’s thick tundra- adapted pelt that allows it to forage for nectar in way colder temperatures than your average sun-loving Italian honey bee.
And then there’s the bumble bee’s relatively hardcore social structure, in which only the young bumble bee queens over winter, emerging alone in the spring to start colonies afresh.

I’ve even read that the first generation of a bumble bee queen’s colony can be stunted because the young queen had to do everything herself—gathering pollen and nectar, building the nest, tending to her developing brood—unlike the honey bee queen, which forms a permanent colony and has multiple female workers to help raise the young, clean the hive and gather necessary provisions each day.

But above all, I’m fascinated by the fact that something as small as a bumble bee plays such an important role when it comes to pollinating plants. Experts say that native bumble bee pollinators are important to the reproduction of many native flowering plants and food crops. And in Britain and the Netherlands, researchers have actually noticed a decline in the abundance of certain plants where multiple bee species have also declined. Then there’s the fact that for many crops, such as greenhouse tomatoes, blueberries and cranberries, the buzzier bumble bees are better pollinators than honey bees, and some species are produced commercially for their use in pollination.

So, I’ve been troubled by reports that some native bumble bee species are in decline, and that commercially reared bumble bees, reared on the East Coast and then imported to the West to buzz pollinate hothouse tomatoes, could be the cause.

And now the Xerces Society for Invertebrate Conservation and bumble bee scientist Dr. Robbin Thorp have petitioned the U.S. Fish and Wildlife Service requesting Endangered Species Act protection for Franklin’s bumble bee.

”This mostly black bumble bee was readily found throughout its range in southern Oregon and northern California in the early 1990s,” stated the Xerces Society in a press release. “Twelve years of surveys conducted by Dr. Robbin Thorp clearly show that this species has declined steadily.  The decline has been so severe that only a single Franklin’s bumble bee was observed in 2006 and none since.”

“Over the last 12 years I have watched the populations of this bumble bee decline precipitously,” said Thorp, who is Professor Emeritus at UC Davis “My hope is this species can recover before it is too late.”
The Xerces press release notes that the cause of the catastrophic decline of Franklin’s bumble bee is hypothesized to be an escaped exotic disease that may have spread from commercial bumble bee colonies to wild bumble bee populations.

“Research in Dr. Sydney Cameron’s lab at the University of Illinois is underway to test this hypothesis,” the press release notes. “Other threats that may be harming Franklin’s bumble bee populations include habitat loss and degradation, climate change, pesticide use, and invasive plant species.
Recognizing the decline of Franklin’s bumble bee and numerous other North American bumble bees, the Xerces Society, Thorp, Defenders of Wildlife and the Natural Resources Defense Council recently petitioned the USDA’s Animal and Plant Health Inspection Service to protect wild bumble bees from the threat of disease by regulating commercial bumble bees.

Specifically, the petition asked the USDA-APHIS to create rules prohibiting the shipment of commercial bumble bees outside of their native ranges and to regulate the interstate transport of commercial bumble bees within their native ranges by requiring permits that show that bumble bees are certified as disease-free prior to movement.

“It is vital that the U.S. Fish and Wildlife Service Act quickly to protect this bumble bee,” said Sarina Jepsen, Endangered Species program director at Xerces. “We hope that an Endangered Species Act listing will encourage the USDA-APHIS to protect wild bumble bees from future threats posed by nonnative, commercial bumble bees.” 

“The decline in Franklin’s bumble bee should serve as an alarm that we are starting to lose important pollinators,” said Scott Hoffman Black, Executive Director of The Xerces Society.  “We hope that Franklin’s bumble bee will remind us to prevent pollinators across the U.S. from sliding toward extinction.”

What the “Defund ACORN Act” is really about

Mary Magee
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What the “Defund ACORN Act” is really about

Last September, the US Congress approved the Defund ACORN Act without investigating the charges leveled against ACORN.

Bertha Lewis, ACORN’s CEO, claims that these charges were nothing more than a massive “propaganda campaign” and that ACORN was targeted because it was successful at organizing low-income communities–the very folks that rich corporate interests don’t want to see voting and otherwise standing up for their rights.

Now with a hearing scheduled for June 24, Lewis is asking folks to stand up and fight what she describes as an assault on the Constitution itself.

“Congress’ move, singling out one organization for sanctions without investigation, is called a “bill of attainder” and it is expressly prohibited by the Constitution of the United States,” Lewis stated in a press release issued today.

” If this attack is allowed to stand, then any other organization that displeases those with power in the United States can be similarly attacked and, potentially, destroyed,” Lewis said.

As she notes, ACORN has been investigated by four separate and independent, sources – former Massachusetts Attorney General Scott Harshbarger; the Brooklyn District Attorney’s office; the California Attorney General; and the Government Accountability Office (GAO).

“Each of them has cleared ACORN of any wrongdoing,” Lewis observed. “ Three investigations reviewing the videos used to attack ACORN determined that they were “splice jobs” in which “the truth is on the cutting room floor”. The fourth, from the GAO, concluded that ACORN had not misused any of the Federal funds it had received. In other words, the entire set of attacks was a witch hunt driven using modern propaganda techniques and with millions of dollars in dedicated air time on a “news” channel and talk radio.”

Lewis thinks she knows why these attacks happened.

” We were simply too good at what we did – engaging low- and moderate-income families and families of color in America’s democratic system,” she said. “ If we hadn’t helped 860,000 new voters get on the voter rolls since 2004 (we believe this is the largest non-partisan voter registration effort ever carried out by a single non-profit organization), if we hadn’t helped raise the minimum wage in seven states, if we hadn’t blown the whistle about predatory lending in the sub-prime market back in 1999, and if we hadn’t brought in over $15 billion in direct benefits to America’s low- and moderate-income neighborhoods from 1994 – 2004, then we wouldn’t have been the targets of smears and attacks going back to the 2004 election. Smears that were exposed during the height of the scandal surrounding the firing of US Attorneys like David Iglesias in New Mexico, who refused to trump up phony voter fraud charges against ACORN.”

Lewis comments that if the attacks leveled against ACORN had really been about misusing taxpayer dollars, then defense contractors like Xe (formerly Blackwater), Halliburton, and Kaman Dayron, all of whom have been found guilty of either committing actual crimes or of collectively defrauding the American people of hundreds of millions of dollars, would have been the subject of their own Defund Corporate Criminals Act.

”But, of course, they aren’t,” Lewis concluded.  Because, unlike ACORN’s low- and moderate-income membership, these corporations can buy influence in the highest levels of political power in the United States. So, our lawsuit against the unconstitutional Defund ACORN Act is not about ACORN and its past federal funding. It is about justice for all organizations that fight for the interests of regular folks against the most powerful interests in America.”

Hands Across the Sand says “No to offshore drilling, yes to clean energy”

Mary Magee
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Hands Across the Sand says “No to offshore drilling, yes to clean energy”

I got an email today from Moveon.org advising me, “There’s a huge event happening this weekend at a beach near you.”
“In the wake of the giant BP oil spill in the Gulf, tens of thousands of people are getting together on beaches around the world for a massive event called “Hands Across The Sand,” the moveon.org folks said.
And so far, I’ve seen press advisories saying a Hands Across the Sand event is happening at Ocean Beach and China Beach In San Francisco, and at Crown Memorial Beach on Alameda Island, with folks gathering around 11 a.m. in preparation for non-violent hand-holding at 12 noon, on Saturday, June 26.
And the really cool and catchy part of this idea is that anyone on any beach anywhere in the world can join in, simply by grabbing the nearest person’s hand.

Dave Rauschkolb, who founded the first Hands Across the Sand event earlier this year, is a surfer and owner of three restaurants on the beach in Seaside, Florida, on the northern Gulf Coast between Pensacola and Panama City.
Rauschkolb spoke to me by phone today, shortly after US District Court Judge Martin Feldman ruled against  Obama’s deepwater drilling moratorium, claiming the Obama Admin “overreached”. and just the tar balls were starting to come up on the beach near Rauschkolb’s restaurants in Florida.

These incoming tar balls are an especially heartbreaking sight for Rauschkolb, given that he helped successfully organize the first Hands Across the Sand event on Feb. 13, 2010, when over 10,000 people joined hands on nearly 100 beaches along the coastline to stop the expansion of offshore oil drilling. But hopefully, terrible sights like this will be the impetus that finally gets U.S. citizens to break their addiction to oil.

“We gathered to stop the expansion of oil drilling in our coastal waters,” Rauschkolb said, referring to how folks protested efforts by the Florida Legislature and the U.S. Congress to lift the ban on offshore oil drilling.

“Now, just a few months later our entire Gulf of Mexico marine environment and
coastal economy is at risk from the very thing we tried to stop: offshore oil drilling off
our coast,” he continued. “The Deepwater Horizon disaster is a wake up call. Even as the Gulf disaster grows, British Petroleum and other oil companies continue to push for new offshore drilling anywhere oil might be found regardless of the risks they pose. The offshore drilling industry is a dirty, dangerous business and no one industry should be able to place entire coastal economies and marine environments at risk. Why is this allowed to happen?”

Rauschkolb said he blames BP to the extent that we should hold them accountable for what happened with the Deepwater Horizon disaster,
“However, I also hold the entire offshore oil industry accountable as well, because any company could have had this happen, “ he told me, pointing to a blow out off the Australian coast that took three months before a relief well could be drilled.

Concerned that the U.S. government and the oil industry will seek to make BP the scapegoat, in an effort to avoid imposing stricter regulations, Rauschkolb said such a response wouldn’t be a good outcome.

“America could be, should be one of the world’s leaders in expanding cleaner energy sources yet, our political process is paralyzed by oil money and influence. It is time for our leaders in all countries to take bold, courageous steps and open the door to clean energy and renewables and finally extend a hand to free our countries from our addiction to oil.”

“This is a critical turning point in finally changing our prehistoric energy policy towards the light of clean energy,” Rauschkolb concludes. “ Let us work together and share our passion and energies to protect our coastal economies, our oceans, our beaches, our waterfowl and our marine life. On behalf of those who have been and continue to be affected by this disaster of epic proportions in our Gulf of Mexico we extend our deepest appreciation to all of you for Joining Hands across America and the world on June 26.”

Rauschkolb invites folks to visit the Hands Across the Sand website and sign up to organize a beach or city.
Sounds like a great way to spend a Saturday. And if you do, you’ll be joining a movement that’s exciting interest around the world. According to Rauschkolb, as of today, 627 events are scheduled to take place on June 26 in 451 U.S. cities, with another 45 events scheduled outside the U.S. in 20 separate countries.

Think Global. Go clean energy.

Solstice fun: Brown and Whitman’s birthday personalities

Mary Magee
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Solstice fun: Brown and Whitman’s birthday personalities

I’m probably going to get into all kinds of trouble for this post, but seeing as today is the summer solstice, and I have hay fever, now (as I wait for the antihistamine to kick in) feels like the perfect moment for fun with politicians’ personalities, beginning with California’s gubernatorial candidates, Jerry Brown and Meg Whitman.

“Many people have long suspected, as astrologers believe, that the day you were born affects your personality,” states the dust jacket of The Secret Language of Birthdays (Penguin, 1994). This weighty 832-page tome claims to be a guide to personality based on “psychology, history, numerology, tarot and astrology.”

So, what light, if any, does this tome shed on Brown and Whitman?

We learn that Brown and the Buddha were both born April 7, a birthday this tome characterizes as The Day of Enthusiastic Belief. (William Wordsworth, Billie Holiday, and Francis Ford Coppola apparently also emerged on this day)

Whitman, who was born August 1, shares a birthday with Yves St. Laurent, Jerry Garcia, Moby Dick author Herman Melville and Claudius 1, (who became Roman emperor after Caligula’s murder), a day the Secret Language of Birthdays characterizes as The Day of Original Style.

“It is not uncommon for April 7 people to reach a point in their lives when they can spiritually progress no further and have to make a very big change,” states the tome, which actually includes Brown in its list of famous April 7 folks. “If April 7 people pass through this crossroads, well, they are capable of even greater success in their life. They may feel less impelled to throw themselves at the world, and instead allow the world to come to them.”

“April 7 people do well in public positions in which they can inspire others to higher achievement through their own example,” the tome concludes. “They should continually work toward being realistic in their view of everyday life, and must not be carried away by illusions. They should also avoid reacting in an angry fashion if their expectations are not met by others.”

As for Whitman and other August 1 people, the tome claims that, “Not content with the knowledge that they are the best in what they do, they must force others to this realization either through the quality of their work or the sheer persuasiveness of their personalities. They may suffer many setbacks, frustrations and disappointments along the way, but rarely give up on their endeavors.”

‘Those born on August are not the easiest people to get along with,” the tome warns. “Since they themselves are the only boss they tolerate, they are generally unsuited for jobs where they must work with superiors…Those born in August 1 are often caught up in the middle of a swirling world of controversy. No matter what they do, they seem to arouse the interest and sometimes antagonism of others.”

Okay, well there you have it with the fun stuff. And now that the antihistamine finally feels like it’s working, I’m ready to enjoy some politically meatier stuff at Politics Verbatim, a website California Watch and the Center for Investigative Reporting just launched “to hold California’s two major gubernatorial candidates accountable in the most straightforward way possible: by collecting and categorizing the promises, proposals, arguments and attacks that they make on the campaign trail.”  (But don’t forget to watch out for the personalities behind the promises: They could just be each campaign’s (not so) secret weapon.)

 

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Following Recology’s $$$ to Environment Commission and DCCC

Mary Magee
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Following Recology’s $$$ to Environment Commission and DCCC

If you’ve been looking for a financial connection between the city’s tentative decision to award the next landfill disposal contract to Recology, which plans to dispose of our trash in Yuba County, then you’ll be interested in this campaign finance item: Because records show that Recology contributed $5,000 last year to SF Forward, a San Francisco Chamber of Commerce political action committee, which also got Money  from Bechtel, Medjool, PG&E, Charles Schwab, and Shorenstein Realty.

Recology Vice President and Group Manager John Legnitto is Chamber’s Chair Elect.

In the last two years, the Chamber contributed $10,000 to Plan C, a political action committee that advocates for more condo conversions and less tenants’ rights.And Plan C gave Commission of the Environment President Matt Tuchow $3,300 for his failed 2010 Democratic CCC bid.

So, while the transactions were legal, with the money laundered twice in between, these dollar connections will probably have folks opposed to the city’s plan to dispose of its waste in Recology’s landfill in Yuba County asking if this explains why Tuchow decided to limit public comment to only one minute when folks wanted to voice concerns at a March 23 hearing at the Environment Commission about an alleged lack of fairness and transparency in the decision to award the contract to Recology.

Especially those folks who drove three hours from Yuba County, which is where Recology proposes to send our trash. And folks who helped negotiate the city’s current trash disposal contract and were shocked that the city would set a one-minute time limit on what they claim is a $1 billion contract, once you factor in the cost of transportation, new trash processing facilities and an as yet unbuilt rail spur that Recology needs inYuba County to transfer trash from the Union Pacific line to its landfill in Wheatland,

Tuchow, who works in the Global Compliance and Ethics Division of McKesson Corporation in San Francisco, had not returned calls as of blog post  time, but if and when he does, I’ll be sure to post an update here.

Meanwhile, it doesn’t look as if Recology’s bucks and/or Mayor Gavin Newsom’s powergrabbing antics, are going to be able to help shoehorn Tuchow onto the DCCC, even in light of Newsom’s newly hatched plan for dominion for the following reasons:

1. Results from the June 8 election show that Tuchow was fourth failed runner up in the DCCC 12th district. (Milton Marks, Sup. Eric Mar, Melanie Nutter, Arlo Smith, Connie O’Connor, Tom A. Hsieh, Jane Morrison, Mary Jung, Sandra Lee Fewer, Michael Bornstein, Sup. John Avalos and Bill Fazio were the top vote getters to win seats, beating out Larry Yee, Jake McGoldrick, Hene Kelly and then Tuchow, in that order.)

2.. It’s not clear if Newsom’s plan for the DCCC is even legal.

3. Even if Newsom’s plan survives a legal challenge, it’s not clear that the law would have the retroactive effect necessary to oust Mar and Avalos.

4. And even if it did, under state law,  DCCC Chair Aaron Peskin would get to appoint folks to fill those vacancies,
“This is about clean money and good government,” Newsom spokesman Tony Winnicker told reporters of Newsom’s DCCC plan.

So, let’s hope the Mayor’s Office applies the same standards when it comes to opening the landfill disposal contract bids this summer and shining light on the money that’s influencing the city’s garbage disposal contract. 

Meanwhile, Peskin, who was reached by cell phone somewhere near Moab, in Utah, where he’s taking his annual camping and hiking trip with his wife, told the Guardian that Newsom “is not thinking very far ahead” with his latest dominion scheme.

 

 

Turning Clinton’s words into Brewer and Whitman’s problem

Mary Magee
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Turning Clinton’s words into Brewer and Whitman’s problem

“Obama Admin has decided to sue AZ and we had to learn about it through Ecuadorean TV. Outrageous!”
So tweeted accidental Arizona Governor Jan Brewer, after Sec. of State Hillary’s Clinton admitted that the US DOJ has decided to sue Arizona over SB 1070. 
Brewer, who faces a gubernatorial primary August 24,  is betting that  talk about immigration, will help her win the race.
“This is no way to treat the people of Arizona,” Brewer said.

But wasn’t that exactly the point Clinton was making?

And isn’t it about time that the Dems figured out ways to counter the right’s “illegal alien” meme?

Not just in Arizona, but also in California where Republican gubernatorial nominee Meg Whitman recently told reporters in San Francisco that, “We have to prosecute illegal aliens and criminal illegal aliens in all of our cities, in every part of California.”

As far as I’m concerned, (and I’m speaking as an immigrant to North America) the only beings on the planet who can truly be defined as “aliens” are extra terrestrial visitors. The rest of us are humans, thank you very much. And most of us immigrants are economic refugees, not subhumans who somehow deserve to be  treated like shit by a bunch of white folks who turn red in the California and Arizona sun, and whose ancestors came here for similar reasons–and without paperwork–not so very long ago.

Tale of two landfills

Jesse Hawthorne Ficks
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2
Tale of two landfills

Sarah@sfbg.com

Everyone should make a pilgrimage to the landfill where their city’s garbage is buried. For San Francisco residents to really understand the current trash situation — and its related issues of transportation, environmental justice, greenhouse gas reduction, corporate contracting, and pursuing a zero waste goal — that means taking two trips.

The first is a relatively short trek to Waste Management’s Altamont landfill in the arid hills near Livermore, which is where San Francisco’s trash has been taken for three decades. The next is a far longer journey to the Ostrom Road landfill near Wheatland in Yuba County, a facility owned by Recology (formerly NorCal Waste Systems, San Francisco’s longtime trash collector) on the fertile eastern edge of the Sacramento Valley, where officials want to dispose of the city’s trash starting in 2015.

Both these facilities looked well managed, despite their different geographical settings, proving that engineers can place a landfill just about anywhere. But landfills are sobering reminders of the unintended consequences of our discarded stuff. Plastic bags are carried off by the wind before anyone can catch them. Gulls and crows circle above the massive piles of trash, searching for food scraps. And the air reeks of methane, a potent greenhouse gas that is second only to carbon dioxide as a manmade cause of global warming.

It’s also a reminder of a fact most San Franciscans don’t think much about: The city exports mountains of garage into somebody else’s backyard. While residents have gone a long way to reduce the waste stream as city officials pursue an ambitious strategy of zero waste by 2020, we’re still trucking 1,800 tons of garbage out of San Francisco every day. And now we’re preparing to triple the distance that trash travels, a prospect some Yuba County residents find troubling.

“The mayor of San Francisco is encouraging us to be a green city by growing veggies, raising wonderful urban gardens, composting green waste and food and restaurant scraps,” Irene Creps, a San Franciscan who owns a ranch in Wheatland, told us. “So why is he trying to dump San Francisco’s trash in a beautiful rural area?”

Behind that question is a complicated battle with two of the country’s largest private waste management companies bidding for a lucrative contract to pile San Francisco’s trash into big mountains of landfill far from where it was created. This is big and dirty business, one San Francisco has long chosen to contract out entirely, unlike most cities that at least collect their own trash.

So the impending fight over who gets to profit from San Francisco’s waste, a conflict that is already starting to get messy, could illuminate the darker side of our throwaway culture and how it is still falling short of our most wishful rhetoric.

 

TALKING TRASH

The recent recommendation by a city committee to leave the Altamont landfill and turn almost all the city’s waste functions — collection, sorting, recycling, and disposal — over to Recology (see “Trash talk,” 3/30) angered Waste Management as well as some environmentalists and Yuba County residents.

WM claimed the contract selection process had been marred by fraud and favoritism, and members of YUGAG( Yuba Group Against Garbage) charged that sending our trash on a train through seven counties will affect regional air quality and greenhouse gas emissions and target a poor rural community. Observers also want details such as whether San Francisco taxpayers will have to pay for a new rail spur and a processing facility for organic matter.

Mark Westlund of the Department of Environment told the Guardian that negotiations between the city and Recology are continuing and the contract bids remain under seal. “Hopefully they’ll be concluded in the near future,” Westlund said. “I can’t pinpoint an exact date because the deal is still being fleshed out, but some time this summer.”

Under the tentative plan, Recology’s trucks would haul San Francisco’s trash across the Bay Bridge to Oakland, where the garbage would be loaded onto trains three times a week and hauled to Wheatland. Recology claims its proposal is better for the environment and the economy because it takes trucks off the road and removes organic matter from the waste before it reaches the landfill and turns into methane gas.

But WM officials reject the claim, noting that both facilities will convert methane to electricity, energy now used to fuel the trucks going to Altamont. The landfill produces 8.5 MW of electricity annually, some of which is converted into 4.7 million gallons of liquid natural gas used by 300 trucks. The Ostrom Road facility would produce far less methane, using it to create 1.5 MW of electricity annually.

Recology officials say removing organic matter to produce less methane is an environmental plus because much of the methane from Altamont escapes into the atmosphere and adds to global warming, although WM claims to capture 90 percent of it. Yet David Assman, deputy director of the San Francisco Department of the Environment, doesn’t believe WM figures, telling us that they are “not realistic or feasible.”

State and federal environmental officials say about a quarter of the methane gas produced in landfills ends up in the atmosphere. “But they acknowledge that this is an average. Some landfills can be worse, others much better if they have a good design. And there is no company that has done as much work on this as Waste Management,” company spokesperson Chuck White told us, citing WM-sponsored studies indicating a methane capture rate as high as 92 percent. “The idea of 90 percent capture of methane is very credible if you are running a good operation.”

Ken Lewis, director of WM’s landfills, said the facility’s use of methane to cleanly power its trucks has been glossed over in the debate over this contract. “We’re just tapping into the natural carbon cycle,” Lewis told us.

But Recology spokesperson Adam Alberti (who works for Singer & Associates, San Francisco’s premier crisis communications firm) counters that it’s better to avoid producing methane in the first place because some of it escapes and adds to global warming, which Recology claims it will do by sorting the waste, in the process creating green jobs in the organics recycling and reducing the danger of the gases leaking or even exploding.

“But what has Recology done to show us that the capture rate at their Ostrom landfill is on the high side?” Lewis asks. “Folks in San Francisco say it’s not possible, but we’ve got published reports.”

Assman admits that San Francisco won’t be able to ensure that other municipalities that use Ostrom Road will be focusing on organics recycling. While questions remain about how that facility will ultimately handle a massive influx of garbage, Altamont has been housing the Bay Area’s trash for decades. And even though San Francisco’s current contract will expire by 2015, this sprawling facility nestled in remote hillsides can still handle more trash for decades to come.

 

ZERO SUM

Perhaps the most striking aspect of the Altamont landfill is the 30-foot-tall fence that sits on a ridge on the perimeter of the facility. It’s covered with plastic bags that have escaped the landfill and rolled like demonic tumbleweeds along what looks like a desolate moonscape.

Wind keeps the blades turning on the giant Florida Power-owned windmills that line the Altamont hills, but it also puffs plastic bags up like little balloons that take off before the bulldozers can compress them into the fill. Lewis said he bought a special machine to suck up the bags, and employs a team of workers to collect them from the buffer zone surroundinge site.

Although difficult to control or destroy, plastic bags are not a huge part of the waste volume. San Francisco has already banned most stores from using them, and the California Legislature is contemplating expanding the ban statewide in a effort to limit a waste product now adding to a giant trash heap in the middle of the Pacific Ocean.

“Plastic bags are a visual shocker,” said Marc Roberts, community development director for the city of Livermore. “In that sense, they are similar to Styrofoam. It’s pretty nasty stuff, can get loose, and doesn’t break down. But they’re not a major part of the volume.”

Yet Roberts said that these emotional triggers give us a peek into the massive operations that process the neverending stream of waste that humans produce and don’t really think about that often.

“Our world is so mechanized,” Roberts observed. “Stuff disappears in middle of night, and we don’t see where it goes.”

San Francisco officials confirm that the trend of disappearing stuff in the night will continue, no matter which landfill waste disposal option the city selects.

“No matter what option, it’s going to involve some transportation to wherever,” Assman said. Currently, Recology and WM share control over San Francisco’s waste stream. But that could change if the waste disposal contract goes to Recology.

A privately-held San Francisco firm, Recology has the monopoly over San Francisco’s waste stream from curbside collection to the point when it heads to the landfill. Waste Management, a publicly-traded company that is the nation’s largest waste management operation, owns 159 of the biggest landfills in the nation, including Altamont, the seventh-largest capacity landfill in the nation.

San Francisco started sending its trash to Altamont in 1987, when it entered into a contract with Waste Management for 65 years or 15 million tons of capacity, a level expected to be hit by 2015, triggering the current debate over whether it would be better to send San Francisco’s waste on a northbound train.

 

TRAIN TO WHEATLAND

Creps, 76, a retired school teacher, warns folks to watch out for rattlesnakes as she shows them around this flood-prone agricultural community.

“This is an ancient sea terrace, and now it’s fertile grazing ground between creeks,” Creps said as we walked around the ranchland that Creps’ grandfather settled when he came to California in 1850. Today he lies buried here in a pioneer cemetery, along with Creps’ adopted daughter, Sophie, who was killed at age 27 after she witnessed a friend’s murder in Oakland in 2006.

Creps’ cousin, Bill Middleton, who grows walnuts on a ranch adjacent to hers, worries about the landfill’s potential impact on the groundwater. “The water table is really high here, so you’ve go a whole pond of water sitting under this thing,” Middleton said.

Wheatland’s retired postmaster, Jim Rice, recalled that when the landfill opened on Ostrom Road in the 1980s, individual cities had veto power over any expansion plans. “But Chris Chandler, who was then the Assembly member for Sutter County and is now a judge, carried a bill in legislature to do away with veto power,” Rice said.

“So we lost out and ended up with a dump,” Middleton said.

Creps believes the landfill should be for the use of local residents only. “There’s a lot of development going on around here and the population is going to grow,” she said. “But at this rate, this landfill will be used up before Yuba and the surrounding counties can use it. And that’s not fair. They think they can get a foothold in places off the beaten path.”

Yet not everyone in Yuba County hates San Francisco’s Ostrom Road plan. On June 7, the Yuba-Sutter Economic Development Corporation backed Recology’s plan to build a rail spur to cover the 100 yards from the Union Pacific line to the landfill site.

EDC’s Brynda Stranix said the garbage deal is still subject to approval by San Francisco officials, but will bring needed money to the county. “The landfill is already permitted to take up to 3,000 tons of garbage a day and it’s taking in about 800 tons a day now,” Stranix said.

If the deal goes through, it would triple the current volume at the landfill, entitling Yuba County to $22 million in host fees over 10 years.

Recology’s Phil Graham clarified that Ostrom Road is considered a regional landfill, one that has already grown to 100 feet above sea level and is permitted to rise another 165 feet into the air. “So even with the waste stream from San Francisco,” he said, “we’ll still be operating well under the tonnage limits.”

“The world has changed. Federal regulations come in, and landfill operations change,” Recology’s Alberti said as we toured the site. “And there really are no longer any local landfills. This one is already operating, accepting regional waste.”

He claimed that Livermore residents had similar concerns to those now expressed in Yuba County when San Francisco’s waste started going to Altamont. Livermore and Sierra Club brought a lawsuit around plans to expand the dump, a suit that forced WM to create an $10 million open space fund.

Alberti said he understands that people like Creps are concerned. “But we are not seeking an expansion. The only thing we are asking for is a rail track.

“From our point of view it’s simple,” he continued. “We have the facility; Ostrom Road is close to rail; and it’s not open to the public. So it’s a tightly contained working area.”

Graham, the facility’s manager, also dismissed concerns that the landfill might harm the groundwater or the health of the local environment. “A lot of people don’t know how highly regulated we are,” he said. “That’s why we are having public meetings. Our compass is out in the community. These are people we work and live with.”

Alberti said YUGAG and other opponents of the landfill aren’t numerous. “If we draw the circle wider to the two-county area, how many people even know a landfill is operating here?”

Graham takes that as a testament to how well the facility is operated. “I consider that a compliment. Obviously, we weren’t causing any problems.”

 

TRASH MONOPOLY

Those who run both landfills say they recognize that their industry’s heyday is over, and that the future will bring a more complicated system that sends steadily less trash to the landfills.

“Eventually we will be all out of business,” Alberti predicted. “One reason we changed our name was knowing that landfills are not sustainable. And that’s a significant difference. Waste Management is the largest landfill owner in the world. Recology is a recycling company that owns a few landfills and, for that reason, does innovative things like the food scraps program.”

But the company with the new green name has traditionally been a powerhouse in San Francisco’s trash industry, becoming a well-entrenched monopoly after buying out two local competitors — Sunset Scavenger and Golden Gate Disposal and Recycling — a triad that has long held exclusive rights over the city’s waste.

The 1932 Refuse Collection and Disposal Ordinance gave the company now calling itself Recology a rare and enviably monopoly on curbside collection, one that had no expiration date and would be difficult to change. “So legally, it’s not an option,” Assman said.

Retired Judge Quentin Kopp, a former member of the Board of Supervisors and California Legislature, got involved in an unsuccessful effort to break Recology’s curbside monopoly in the 1990s when the company then known as NorCal Waste asked for another rate increase. But he found the contractual structure to be almost impossible to break.

“The DPW director examines all the allowable elements and makes recommendations to the Rate Board,” Kopp said. “And the Rate Board consists of three people: the chief administrative officer, the controller, and the general manager of the San Francisco Public Utilities Commission.”

SFPUC General Manager Ed Harrington says Recology’s curbside monopoly is unusual compared to other places, but it also makes the company a strong contender to the landfill contract. “It comes down to economies of scale. If you don’t have a contract with a facility that does recycling or waste disposal, you can collect the garbage, but where are you going to take it?”

Harrington said the situation was better before Recology purchased Sunset Scavenger, which mostly handled residential garbage, and Golden Gate, which mostly handled commercial garbage. Today, he said, the city has little control over commercial garbage rates or Recology’s overall finances. “That made it more difficult, and we only set the rate of residential garbage collection,” Harrington observed. “They have never come before the rate appeal board over commercial rates. I have asked who subsidizes whom, the commercial or the residential, and they say they think the commercial. But we have no ability to govern or manage those rates.”

WM’s Skolnick said a positive outcome of the current contract negotiations would be to break Recology’s monopoly on curbside collection. “We have to work to keep our business. That’s the competitive process. But we have a competitor that can encroach into our area even though we can’t encroach on San Francisco. And they claim to have one of the most competitive rates in the country — but try getting those numbers,” he said.

WM’s David Tucker added: “We’d like if San Francisco jumped into the 21st century and had a competitive bid process.”

 

DIRTY BUSINESS

The battle between WM’s local landfill option and Recology’s plan for a longer haul but with more diversion of organic materials is complicated, so much so that the local Sierra Club chapter has yet to take a position.

Glen Kirby of the Sierra Club’s Alameda County chapter told the Guardian that the Sierra Club’s East Bay, San Francisco, and Yuba chapters are taking a “wait and see what becomes public next” stance for now. But insiders say the club’s national position is against landfill gas conversion projects like that at Altamont, possibly favoring Recology’s bid.

Recology proponents claim the Sierra Club didn’t initially oppose landfill gas conversions because its members in the East Bay benefit from an open space fund that WM pays into as mitigation for a 1980 expansion at the Altamont. And Alberti claimed that WM’s analysis of greenhouse gas emissions from the competing waste transportation plans was flawed.

“Their calculation is a shell game. And it relies on Recology using diesel when we are using green biodiesel trains. This is not your grandfather’s train any more. One train equals 200 trucks,” Alberti said.

But WM’s Lewis defends the company’s analysis, which showed Recology’s bid to be worse for greenhouse gas emissions than WM’s.

“Landfill gas is a byproduct of an existing system,” Lewis said, noting that 43 percent of the trash buried at Altamont comes from San Francisco. The implication is that a large part of the methane in the landfill comes from — and benefits — San Francisco.

“We are delivering waste products that contain organics,” he said. “We realized that we could flare methane [to burn it up] or produce electricity. California has very aggressive landfill gas requirements, and the collection rates are relatively good at most sites. But once you’ve collected it, what to do? Historically, they flared the gas. Twenty years ago, there was not a lot of technology to allow anything else.”

Lewis says WM began producing electricity from the gas in 1987. “What we do in the future is decoupled from what was giving us the methane in the past,” he said. “Today we are managing what was brought here 15-20 years ago. It’s your hamburger, cardboard, and paper that has been sitting up there since 1998. We’re doing something good with something that we used to flare.”

“If Altamont was closed today, the gas yield coming off it would be enough to produce 10,000 gallons a day for the next 25 years,” WM’s Bay Area president Barry Skolnick interjected.

And Lewis observed that if you take organics out of the waste stream, as Recology proposes, that matter has value, whether in a digester to produce energy or a composting operation. That complicates the comparison of the two bids.

“We agree that if you can get that waste out in a clean form, that’s a good thing,” Lewis said. “But composting is a very highly polluting approach. In the process of degrading, it gives off a lot of volatiles and carbon dioxide. So air districts have not traditionally been very positive on sitting aerobic composting facilities.”

 

WHAT’S NEXT?

The contract that San Francisco has tentatively awarded to Recology is for 5 million tons or 10 years, whichever comes sooner. As such, it’s a much smaller contract than the city’s 1987 contract with WM, mostly because the future is uncertain.

But trucks will remain a part of the equation. Recology is proposing to continue driving 92 truckloads of garbage over the Bay Bridge per day, possibly to keep the Teamsters happy, frustrating transportation advocates who believe direct rail haul or barges across the bay would be greener options.

In December 2009, Mayor Gavin Newsom and Bob Morales, director of the Teamsters Union Waste Division, cowrote an op-ed in the Sunday Sacramento Bee, in which they argued the case for increased recycling and composting as a “zero waste” strategy for California and as a way to generate green jobs and reduce global warming.

“Equally important for the future of our green economy is that recycling and composting mean jobs,” Newsom and Morales wrote. “The Institute for Local Self-Reliance reports that every additional 10,000 tons recycled translates into 10 new frontline jobs and 25 new jobs in recycling-based manufacturing.”

Newsom and Morales clarified that they do not support waste-to-energy or landfilling as part of their zero waste vision.

“It makes no sense to burn materials or put them in a hole in the ground when these same materials can be turned into the products and jobs of the future,” they stated.

Yet WM’s Skolnick sees a certain hypocrisy in San Francisco turning its back on the methane gas that its garbage helped create at Altamont over the past three decades. “Here’s a very progressive city, and we want to take their waste from the last 30 years and use gas from it to fuel their trucks,” he said. “But they want to haul waste three times as far to Wheatland. What does that say about San Francisco’s mission to become the greenest city?”

David Pilpel, a political activist who has followed the contract, agreed that San Francisco officials can’t simply walk away from Altamont and call it a green move, but he would like to see the city use rail rather than trucks. “Instead of putting stuff on long-haul trucks, put it on a rail gondola and haul it around the peninsula to Livermore,” he said. “The Altamont expansion was for San Francisco’s purposes. So to say now, ‘We’ll go elsewhere,’ is lame.”

Sally Brown, a research associate professor at the University of Washington, acknowledges that landfills have done a great job of giving us places to dump our stuff and can be skillfully engineered to release less methane and capture more productive biogases.

“However, we are entering a new era where resources are limited and carbon is king,” Brown wrote in the May 2010 edition of Biocycle magazine. “In this new era, dumping stuff may cease to be an option because that stuff has value. and that value can be efficiently extracted for costs that are comparable to or lower than the costs — both environmental and monetary — associated with dumping.”

The San Francisco Board of Supervisors will vote on the contract later this year, deciding whether to validate the Department of the Environment’s choice of Recology or go with WM. Either way, lawsuits are likely to follow.

BP’s stock rises. How about Obama’s?

Mary Magee
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A month ago, when BP ascended to the top of the list of corporate villains, the company’s stock took a thrashing. But now the panic selling seems to have gone into reverse: BP’s stock rose today, even as lawmakers in Washington intensified their criticism, other oil companies claimed they would have done a better at handling the spill, and BP said it was speeding up payment of large commercial losses due to the Gulf of Mexico disaster.

So, is this just a temporary lull in BP’s stock market storm? Or will our addiction to the black stuff keep oil companies afloat, no matter how bad the environmental disaster? And how will Obama’s stock fare?

With the President set to address the American people from the Oval Office tonight, the first time since he was elected and nearly two months after the worst environmental catastrophe in U.S. history, tonight is being framed as a defining moment that could determine Obama’s relevancy.

The “Drill, baby, drill!” crowd would love it if this disaster brought Obama down, and his poll numbers have definitely  taken a beating in recent weeks. My money is on Obama to make a kickass speech tonight—and kick B.P. CEO Tony Hayward’s ass when they meet Wednesday, a day before Hayward testifies before Congress. How it goes after that will depend on the follow through, and that’s where Obama has an opportunity that he better not blow.

 

Day after 49ers vote, EPA says shipyard dust monitoring OK

Mary Magee
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Day after 49ers vote, EPA says shipyard dust monitoring OK

The day after the 49ers scored “a touchdown with Santa Clara voters“, the U.S. EPA announced it has finalized a report about asbestos dust control issues at the Hunters Point Shipyard.

Maybe the timing is all just a big coincindence. But the U.S. EPA was hopping mad earlier this year when Lennar claimed that “Obama’s EPA” had declared the shipyard dust conditions safe, after viewing a draft copy of the U.S. EPA report.

So, there’s one worldview that says the U.S. EPA delayed release of its final report, so it wouldn’t get mixed up in the city’s hearings on the final EIR for Lennar’s Candlestick/Shipyard development.

Either way, if the 49ers really do leave, that’s more land for Lennar to build houses on.

There’s also the worldview that says the 49ers used the Santa Clara vote to squeeze a better deal out of San Francisco.(And as Lenny Kravitz likes to sing, it ain’t over ’til it’s over.)

But with city officials admitting  that it doesn’t make financial sense to build a new stadium, it’s easy to arrive at the view  that the city used fears that the 49ers would leave to rush approval of the city’s final EIR for the Lennar project, a vast document that could have used more scrutiny and review time.

Anyways, amid  the competing conspiracy theories, it’s worth taking the time to read the report i its entirity. And if you don’t have the time for all that, here is the full text of the cover letter that the US EPA released today:

“Dear Bayview Hunters Point Community and Stakeholders:

EPA has finalized the report entitled, “U.S. EPA’s Final Review of Dust/Naturally Occurring Asbestos Control Measures and Air Monitoring at the Former Hunters Point Naval Shipyard (June 9, 2010).” 

“About the Report:

EPA conducted a technical review of dust mitigation plans and an independent laboratory analyses of data associated with the City and Air District’s efforts to control naturally-occurring asbestos and dust associated with construction activity on Parcel A at the former Hunters Point Naval Shipyard. EPA also evaluated metals and radiation data for both the Parcel A development work and Navy activities on the Shipyard. “

“EPA made independent technical advisory services available to community members to review the data and EPA’s draft report.  EPA held a public meeting for the community to hear comments from the technical expert.  The comments and EPA’s responses are attached to the final report. “

“Naturally-occurring asbestos in dust at construction sites is a widespread concern in California where serpentine soil is common.  EPA’s report finds that best practices for dust monitoring and mitigation are in place at Parcel A and the Hunters Point Shipyard to protect the community by keeping exposures to asbestos, metals and radiation in dust within
acceptable levels.”

This one is for Newsom(e) fans

Mary Magee
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One of the most fun parts about attending District Attorney Kamala Harris’ victory party last night was looking at all the photos on the walls of the Delancey Street Foundation.

And showing cultural blogger Beth Spotwood, one of the funniest writers in town, a photo of our very own Mayor Gavin Newsom with Delancey Street Foundation founder Mimi Silbert, in which the mayor’s name is written as Newsome.

Spotswood, who is a big time fan of Newsom, was delighted by this find. Especially since the photo is displayed close to other photos of the mayor in which his name is correctly spelt (as in the photo of him with Silbert and Tony Blair).

Newsom and Blair aren’t the only luminaries on Silbert’s walls. In fact, the place is a veritable who’s who of the political world, and includes a shot of the late John Kennedy Jr. and his stunningly beautiful wife Carolyn Bessette-Kennedy.

At some point, shortly after Spotswood and I were laughing at the Newsome typo, Silbert showed up in person–and set straight one of the photos, which had somehow gotten cock-eyed on the wall. (I swear we didn’t do it.)

That was around the time I averted my eyes from the wall and turned my attention to the giant TV screen –just as Newsom declared victory in the Lt. Gov’s race. I didn’t hear what he said, but reviewing my pics afterwards, it apparently had something to do with California dreaming.

Harris declares victory in AG Democratic primary

Mary Magee
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San Francisco District Attorney Kamala Harris declared victory in the Attorney General Democratic primary in an energized  speech around 11 p.m. at Mimi Silbert’s Delancey Street Foundation at 600 Embarcadero.

Harris’ speech came soon after the room buzzed with the news that Santa Clara voters had approved a $937 million stadium deal for the 49ers at a site near Great America, and immediately on the heels a rousing introduction by State Sen. Mark Leno.

“With her kind of leadership, we’ll be able to reinvest dollars in the best crime prevention programs,” Leno said.

Harris’s campaign raised $3 million in the Democratic primary, and Leno indicated that supporters would need to “triple or quadruple that in the general election.”

Leno promoted medical parole and praised Harris’ Back on Track program for reducing recidivism rates for young, first time offenders.

“With your help we will elect the first woman to be Attorney General for the state of California,” Leno promised.

 Then Harris took the podium, dazzling in a chic black outfit and pearls.

Acknowledging the work and efforts of her supporters, Harris broke into a big smile.

“I do humbly accept the Democratic nomination for Attorney General of California,” she  said.

She praised good ideas that her fellow Democrats raised during the primary around fighting gang crime, corporate greed and fraud, protecting kids and the environment.

‘It’s been an honor to work with you,” Harris said, promising to call her opponents, “to ask you to help us put those great ideas to work.”

Then she talked about getting “tough and smart on crime” by addressing gang crime, but also focusing on early intervention and truancy.

She talked about cracking down on predatory lenders, supporting health care reform, and protecting California’s environment.

“When the President passed healthcare reform, it was the right thing to do,” Harris said. “People deserve to have medical care when they need it. The Attorney General has got to stand up and support that. It must be the work of the next Attorney General to ensure that the disaster and tragedy that happened in the Gulf of Mexico never happens in California,” she said, warning of attacks on AB 32, which set California’s 2020 greenhouse gas emissions reduction goal into law in 2006. “

And she described her campaign touching down in Modesto, Bakersfield, Oakland and Palo Alto and stretching from “grassroots to net roots,” ,

“We may seemingly be different because of our zip codes, perhaps, but we are all the same in terms of what we want for children.. elders,” Harris said, promising, “to protect poor people, the vulnerable and people who are the targets of bias.”

“We have a lot of work to do before November…but we are clear of purpose, clear of mind,” Harris said. “We believe in hard work, but we also believe that if can be fun work. Let’s celebrate tonight!”

And then she was off the stage, shaking hands with fans .Asked about the possibility of becoming the first female California Attorney General, Harris flashed that dazzling smile.“I’m sure a man could do the job just as well,” she said. “Let’s leave it at that for now.”

 

 

From the Kamala Harris party

Zelda Bronstein
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City Attorney Dennis Herrera, and Board President David Chiu, Criminal Justice Podcaster David Onek and other local luminaries floated around the Delancy Street Foundation where, oddly, the booze was free flowing, allegedly thanks to the largesse of Vanessa Getty.


The walls here are adorned with photos of Delancy Street Foundation founder Mimi Silbert, including an unusually unflattering photo of San Francisco’s mayor Gavin Newsom (with his name mispelled to include a final e). Among the crowd of supporters was Lateefah Simon, who works for the Lawyers Comittee for Civil Rights. She told me she was supporting Kamala Harris for AG based on her experience working for her for four years.


“I’ve never had a more difficult boss,” Simon said. “We would all shake before meetings because she demanded such a level of detail and excellence.


As of this time, Harriss has not put in an appearance, although she is rumored to be lurking in a back room in a building.

If crime in San Francisco was shown as peaks and valleys

Mary Magee
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…it would look like this.

And what a revealing landscape the city suddenly becomes.

If you scroll down through the many crime visualization images that are posted at doug mccune’s blog, you’ll find a visual for prostitution, along with the following comments:

“My favorite map is the one for prostitution (maybe “favorite” is the wrong choice of words there). Nearly all the arrests for prostitution in San Francisco occur along what I’m calling the “Mission Mountain Ridge”, which runs up Mission St between 24th and 16th. I love the way the mountain range casts a shadow over much of the city. There’s also a second peak in the Tenderloin (which I’m dubbing Mt. Loin).”

 

 

Newsom and his commissioners just love Candlestick/Shipyard report

Mary Magee
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 Text by Sarah Phelan, photos by Luke Thomas

Today, I’m dedicating Michael Franti’s  “Say hey, (I love you)” to the entire Redevelopment Commission and the four Planning Commissioners who approved the City’s final Environmental Impact Report plan for Lennar’s Candlestick/ shipyard development. I’m doing so, not because I love these commissioners, who are  all mayoral appointees, but because they all seem to love everything about the final report, despite ongoing concerns about building a bridge over an environmentally sensitive slough, taking park land for luxury condos and unresolved questions about the Navy’s cleanup of the shipyard.(Yes, the EIR doesn’t address the toxic cleanup, but does it make sense to approve it before the Navy has completed its cleanup assessment plan?)

I’m also dedicating Franti’s bubbly soul-lifting song to Planning Commissioners Christina Olague. Kathrin Moore and Hisashi Sugaya for refusing to rubberstamp the final EIR or the related CEQA findings. Thanks guys for having some moral backbone!

Mayor Gavin Newsom, presumably tweeting while leaving town again on the Lt. Governor campaign trail, hailed yesterday’s rubberstamping process as a critical milestone.
“This is a major milestone for our efforts to transform the shipyard from an environmental blight to a showcase of jobs, affordable housing, parks and green-technology investment for the Bayview and our entire City,” Newsom said in a press release. “The approvals of the EIR and Redevelopment Plan reflect the years of hard work, rigorous study and extensive community involvement invested in revitalizing our City’s Southeastern Waterfront…our progress today is a testament to their leadership and commitment to thoroughly cleaning up the Shipyard so we can forge ahead towards a new vision for Hunters Point.”

One of the key points to emerge from last night’s hearing is the bifurcated nature of the process, which yesterday let the city push the EIR certification through, before the Navy completes a related EIS (environmental impact statement) about the cleanup on the shipyard—including areas of land where Lennar hopes to develop homes if the 49ers leave.

Fog City Journal’s Luke Thomas told me today that during public comment, the Nation of Islam’s Minister Christopher Muhammad called the commissioners “paid prostitutes” and “political whores” and said there would be a “political earthquake” if the commissioners go forward with EIR. 

“However, I don’t think he understood that the EIR and the EIS (which deals with the toxic cleanup) are two separate documents,” Thomas said, accurately noting that the joint commission was only voting on the EIR yesterday.

(According to Thomas, the Minister also promised that coalition of activists that would dog Newsom up and down the State during his campaign for Lt. Governor to expose Newsom’s record, so expect more fireworks along the campaign trial this summer.)

Another key fact to emerge from yesterday’s hearing was the lack of public comment on the part of almost all the candidates running to replace D. 10 Sup. Sophie Maxwell, whose district includes this massive development. Only Kristine Enea, Tony Kelly and Espanola Jackson spoke on the record—with Enea in favor of the plan with amendments, and Kelly and Jackson opposed as things currently stand.

Now, you’d think that everyone running in this race would be eager to show D. 10 constituents (and beyond) that they were at the meeting, not only silently tracking, but also publicly expressing their opinions. And while it’s true that Marlene Tran and DeWitt Lacy filled in speaker cards, Chris Jackson showed up during the proceedings, and Lynette Sweet got ushered into the press box by Sup. Bevan Dufty, none of these D. 10 candidates got their thoughts in the public record. Now, no doubt Cedric Akbar, Bill Barnes, Isaac Bowers, James Calloway, Malia Cohen, Ed Donaldson, Marie Franklin, Rodney Hampton Jr., La Vaughan Moore, Geoffrea Morris, Steve Moss, Jacqueline Norman, Nina Pickerrell, Dwayne Robinson, Diane Wesley Smith, Eric Smith, (and the many others rumored to be running) had their reasons for not being there, and I’d be happy to hear all about it from all of them between now and the November election.

But it doesn’t instill confidence in candidates when they won’t say in public what they are only too willing to say off the record. So, kudos to Enea, Kelly and Jackson for taking that leap and refusing to act like politicians before they have even been elected.

“So much of it was shocking but not surprising,” Tony Kelly told me today, after he recovered from last night’s meeting which lasted until 2 a.m. ‘Everyone knew there would be a snappy 4-3 decision by the Planning Commission on the stuff that mattered. And in a way, I can see why the mayoral appointees on the Commission would decide that they would leave it to the elected officials on the Board to stop this plan. But there was zero excuse for the lameness of the Redevelopment Commission [who are all mayoral appointees]. Still, it showed what the Planning Commission [which today consists of four mayoral appointees, and three Board appointees] must have been like  before it was reformed [and still consisted solely of mayoral appointees].”

“It was heartbreaking to see the endless parade of Bayview Hunters Point residents saying, ‘I need a job,’ or ‘ I need to live in a new house,’ as they argued in favor of certifying the project’s final EIR, despite all the flaws,” Kelly acknowledged.

Still, as Kelly points out, the city could have pushed to acquire foreclosed housing in D. 10 so residents in substandard public housing could be relocated into decent units now, instead of having to stay at least another five years, or longer, in rat, cockroach and sewage inundated units, under Lennar’s plan.

Kelly also notes that the city could have used the Redevelopment Agency’s “massive power” to do stuff up and down Third St, where unemployment is especially visible.

“Having done planning elsewhere, this plan [for Candlestick and the shipyard] is like planning on Mars,” Kelly said. ‘This is a bigger badder version of 555 Washington.”

Last but not least, Kelly voiced concern that a couple of peaker plants will be built within Lennar’s project area.
.“There are going to be two combustion turbines generating steam heat, but not electricity within the project boundaries,” Kelly clarified. “That means they don’t have to register as a power plant, but they will be generating greenhouse gases. The only difference is they won’t be generating electricity.”

So, now the charade of approvals heads to the Port Commission, which has got some folks asking whether Port Commissioner Stephanie Shakofsky, another Newsom appointee should recuse herself , given that her non-profit is clearly such a fan of the project.

 

 

Should Antonini recuse himself from Lennar vote?

Mary Magee
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1
Should Antonini recuse himself from Lennar vote?

As a Newsom appointee, Planning Commissioner Michael Antonini is expected to be a key vote today in favor of Lennar’s massive redevelopment plan at Candlestick Point-Hunters Point Shipyard.

And then there’s the fact that he wrote an op-ed for the San Francisco Business Times in December 18, 2009, suggesting that business, civic, labor and government leaders can keep the 49ers in town by “joining forces to assist in needed repairs and improvements to Candlestick Park and to expedite development of the Candlestick Point Hunters Point Shipyard, a project that features a “state-of-the art,” 69,000-seat football stadium.”
(The full text of Antonini’s op-ed is included at the end of this post to put his words into full context.)

But Antonini’s cheerleading has got some folks questioning his impartiality when it comes to the decisions that members of the Planning and Redevelopment Commissions will make today around certifying the project’s Final Environmental Impact Report (FEIR) and adopting related environmental findings.

In a June 2 letter to Planning Commission president Ron Miguel, Arthur Feinstein of the Sierra Club, Mike Lynes of the Golden Gate Audubon Society, Jennifer Clary of San Francisco Tomorrow and Jaron Browne of POWER (People Organized to Win Employment Rights) claim that “Commissioner Antonini has clearly prejudged the proposed project and become a strong advocate for locating a football stadium for the 49ers at the Hunters Point site as part of this project.”

“He has publicly urged others to support that stadium and cannot impartially review the record before him to determine whether the EIR is adequate, accurate and objective and whether adequate measures are required to protect the environment,” the foursome continue.

 Noting that he could have chosen to sign the December 2009 op-ed as a Member of the Republican County Central Committee, Feinstein, Lynes, Clary and Browne observe that Antonini “ instead identified himself in the capacity where the law requires him to act impartially – as a Planning Commissioner.”

With others arguing that Antonini’s right to express his opinion is protected by the First Amendment, and Antonini planning to read a rebuttal into the record at 1 p.m. today, it sounds like there’ll be plenty of drama at today’s hearing.

Antonini’s Op Ed in San Francisco Business Times

Friday, December 18, 2009
Business leaders can save the Niners
San Francisco Business Times – by Michael J. Antonini

“The 49ers are deeply and historically identified with San Francisco. San Franciscans Vic and Tony Morabito founded the team in 1946, many years before the Giants moved from New York and the Warriors from Philadelphia.

Hence business, civic, labor and government leaders are joining forces to assist in needed repairs and improvements to Candlestick Park and to expedite development of the Candlestick Point Hunters Point Shipyard, a project that features a “state-of-the art,” 69,000-seat football stadium. Leaders from the Committee on Jobs, the San Francisco Chamber of Commerce, Recreation and Park and others are asking businesses and individuals to help with funding of improvements at Candlestick in return for advertising. These improvements could translate into increased revenue for the contributor, the city and the team. Replacement of aging seats and a highly visible new luxury section are two concepts being studied.

Naming rights to Candlestick Park is an attractive opportunity for a company or an entity to gain nationwide exposure and local acclaim — and, perhaps, position itself to be a key contributor when a new stadium is built at Hunters Point. No new stadium can be built anywhere without significant private investment, in addition to $100 million assured from Lennar Corp. as a precondition of development rights and the amount which the 49ers ownership would invest.

On Thursday, Dec. 17, the San Francisco Planning Commission was to hear comment on the Draft Environmental Impact Report for the Candlestick Point Hunters Point Shipyard Plan. Because this plan features many diverse uses, particularly huge amounts of housing, funding is being rapidly obtained for greatly improved transit and traffic access.

San Francisco must avoid the errors of the past, when we failed to build an arena for indoor sporting, major conventions and entertainment events. Such a facility could have brought huge amounts of revenue to San Francisco businesses.

Leaders have twice stepped up to save the San Francisco Giants. One would expect no less from our leaders when dealing with our home grown, five- time Super Bowl champion San Francisco 49ers!

Michael J. Antonini is a planning commissioner for the City and County of San Francisco.”

 

Political juggernaut

Jesse Hawthorne Ficks
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3
Political juggernaut

sarah@sfbg.com

City officials are scrambling to secure final approvals to allow Lennar Corp. to move forward with its 770-acre Candlestick/Hunters Point Shipyard redevelopment of San Francisco’s impoverished and polluted southeast sector. But the community remains divided on the project, raising concerns that wary residents will end up being steamrolled by this politically powerful juggernaut.

Some groups say the project needs major amendments, but fear it will be rushed to the finish for political reasons. Others say they are hungry to work and desperate to move into better housing units, so they don’t want all the myriad project details to slow that progress. And Mayor Gavin Newsom’s administration is arguing that approving the project’s final environmental impact report by June 3 is crucial if San Francisco wants to keep the San Francisco 49ers in town.

But many observers fear Lennar wants its entitlements now before its project can be subjected to greater scrutiny that could come with the November elections. Newsom, who made Lennar’s project the centerpiece of his housing policy, will be replaced as mayor if he wins the lieutenant governor’s race. And a crowded field of candidates, many of them progressives concerned about the project’s impacts on the poor and the environment, are vying to replace termed-out Sup. Sophie Maxwell, whose district includes Lennar’s massive territory.

“It’s 180 percent about the 49ers,” land use attorney Sue Hestor told the Guardian, referring to the city’s proposed rush job, as evidenced by a rapid entitlement schedule that the Newsom’s administration wants city commissions and the board to follow.

Under that schedule, which Hestor procured from the Mayor’s Office, Planning and Redevelopment commissioners are expected to certify the project’s final 6,000-page EIR, adopt California Environmental Quality Act findings, approve amendments to the project’s original disposition and development agreement, and authorize land trust and open space reconfigurations — all during a June 3 meeting where public comment will likely last for many hours.

Saul Bloom, executive director of Arc Ecology, a community-based nonprofit that tracks the development, says this schedule stretches the credulity that this is a deliberative process. “There’s no way anyone could make a functional reasoned assessment,” Bloom told us. “How do you have any meaningful public conversation under those circumstances?”

Michael Cohen, Newsom’s chief economic advisor, asserted in an April 29 article in The New York Times that Lennar’s plan is a “really, really good project,” echoing the glowing praise he’s heaped on the project since its conception.

“But there’s nothing new in their proposal,” Bloom told us. “That’s because they haven’t been listening to the public’s concerns. [Cohen] says, ‘Haven’t we talked enough? The community’s been waiting all these years!’ But waiting to get what done?”

Lennar’s project — which had early backing from Newsom, U.S. Sen. Dianne Feinstein, and other political power brokers — was sold as creating “jobs, housing, and parks” and “revitalizing the abandoned shipyard” when voters approved the Lennar-financed Proposition G in 2008.

“Proposition G is from the community and for the community,” Lennar’s campaign promised. “You can turn the abandoned Hunters Point Shipyard into a clean, healthy, sustainable, livable neighborhood — a place where people can raise their children.”

The shipyard once employed thousands of workers, including African Americans who were recruited from the South in the 1940s and ’50s. But the district’s economic engine fell into disrepair when the military left in 1974. Today the neighboring Hunters Point and Bayview neighborhoods have the highest unemployment and crime rates and the largest concentration of African American families in the city.

But the city’s final EIR for the project, which the Planning Department released mid-May, shows that 68 percent of the developer’s proposed 10,500 new housing units will be sold at market rates unaffordable to area residents, and that many of these units will be built on state park land at Candlestick Point.

Lennar is also proposing to build a bridge across the environmentally sensitive Yosemite Slough, significantly changing the southeast waterfront. Lennar says it plans to develop the project’s remaining 3,000 units at below market prices, including one-for-one replacement of rundown Alice Griffith public housing units. Its proposal includes a dozen high-rise towers, 2.7 million square feet of commercial space, 1 million square feet of retail space, a performing arts theater, and an artists colony.

Lennar claims its proposal will create 1,500 construction jobs annually during the project’s 20-year build-out, along with 10,000 permanent jobs, thanks to a United Nations Global Compact Sustainability Center and a vaguely defined green technology office park.

The project and its impacts are already an issue in this year’s District 10 supervisor’s race (see “The battle for the forgotten district,” Feb. 23). Candidate Chris Jackson says Lennar’s proposal is weak when it comes to creating well-paying, low-skilled green collar jobs. He supports Arc’s proposal to including green maritime industrial use at the shipyard.

Arc recommends that the city’s final EIR allow recycling and repairing of ships, including the Suisun Bay Ghost fleet — decommissioned U.S. Navy, cruise, and ferry ships — arguing that “ship recycling and repair are resurgent strategic industrial activities yielding employment opportunities for our existing pool of skilled and unskilled workers.”

Jackson, who was elected to the Community College Board in 2008 and recently jumped into the District 10 race, wants the city to assert that the project is not a regional housing plan.

“It’s a local housing plan for local residents,” Jackson asserts. “It’s not here to provide housing for Silicon Valley. It’s for Bayview-Hunters Point and District 10 residents.”

Jackson understands why some local residents want no delays on final EIR approval: “I can never blame folks in Alice Griffith public housing for coming out and saying ‘no delays.’ They really want something real, housing that is not rat and cockroach infested.”

As a policy analyst (a position he’s quitting to focus on the District 10 race) for the San Francisco Labor Council — which gave key backing to the project in the 2008 election — Jackson knows labor is frustrated by all the project meetings. “I try to tell them it’s better to get this project right than rush it through and find out later that it goes against the interests of labor,” Jackson said.

In May 2008, the Labor Council signed a community benefits agreement (CBA) with Lennar. Since then labor leaders have urged no delays on the project’s draft EIR review. But Jackson believes the city must demand that financial consequences, such as liquidated damages, be a project approval condition if the developer reneges on the CBA.

“Right now the only push-back the city has is to threaten to kill the whole project if Lennar doesn’t meet its timeline,” Jackson said. “But people are really invested in this project, and I don’t believe anyone would pull the trigger and end the entire development. We don’t need to throw everything out; we just need to change them.”

Jackson wants to see the inclusion of a special-use district that would create a cooperative land trust to ensure affordability and home ownership opportunities for local residents. “I love open space and sustainability, but I also want affordable housing and real light-industrial opportunities that can employ people living in the district now.”

Special-use districts, Jackson argues, give city commissioners a way to amend this project to make it more acceptable.

Jackson wants to see strong tenant protections for public housing residents. “The vast majority of those residents are African American. At the end of the day, I want to see economic and environmental justice, so we can say we brought the right change to our community.”

Jackson also would like to see a more independent Mayor’s Office. “Don’t you feel like its 2002/2003, and that if you speak out against the project, it’s like you are speaking out against the Iraq war, and all of a sudden you are not patriotic?”

Fellow District 10 candidate Eric Smith concurred. “The powers that be are definitely moving this thing forward,” he said. “And this is a monster train, a juggernaut that is gathering steam. But how it shakes out down the road remains to be seen. My whole mantra is that there needs to be greater transparency down the line. If I become the sheriff, I’ll be shining a light on all this stuff.”

Smith warned that the community needs to work together or it won’t win a better deal. “It’s clear that folks in the city are hoping against all odds that Lennar can pull this stuff off so they can prove all the naysayers wrong and these community benefits can be realized, and that scrutiny of the projects can go on while all this happens,” he said.

But Arthur Feinstein, the Sierra Club’s political chair, worries that the city’s rush job is resulting in seriously flawed documents and decision-making. “It’s difficult for folks to digest 6,000 pages of comments and responses on the draft EIR in the three weeks since planning posted them online,” Feinstein said. “And nothing has changed despite all the comments, which is why it continues to be a nonsense process.”

Feinstein says the Sierra Club’s top concerns are the Parcel E-2 cleanup on the shipyard, a deal to transfer 23 acres at Candlestick Park for development, and the bridge over Yosemite Slough.

“You can cover most of the site,” he said. “But when it comes to Parcel E-2, where the dump burned for six months in 2002, that’s only 20 acres, it could and should be removed. This is the environmental justice issue that has the community up in arms.”

Feinstein worries about the precedent that selling a state park for condos sets. “This is our park, and they are shrinking it.” He is also concerned that the developer wants to bridge Yosemite Slough for cars.

How many of these concerns will be addressed at the June 3 hearing, which is just days before Santa Clara County voters decide whether to try to lure away the 49ers with a new publicly financed stadium? We’ll see.

Let the ICE picket begin

Mary Magee
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7
Let the ICE picket begin

Members of the San Francisco Immigrant Rights Defense Committee launched a picket outside US Immigration and Customs Enforcement (ICE)’s Detention and Removal Operations office at 630 Sansome Street today to decry the activation of Secure Communities, which they describe as a “dangerous police-ICE collaboration program that threatens public safety.”


“In the wake of massive protests this weekend against Arizona’s anti-immigrant law, a broad coalition of immigrant rights advocates will stage a protest Tuesday in San Francisco against the implementation of a new police-ICE collaboration initiative which will harm public safety, the so-called ‘Secure’ Communities or S-Comm program,” SFIRDC’s press release states.

Concerned community members plan to form a picket line holding placards of enlarged fingerprints and multi-lingual messages “to expose the danger the program poses to the community.”

 “If we oppose Arizona’s SB1070, then we cannot stand aside while a dangerous policy with disturbing similarities to SB1070 is forced on our own city,” Carolina Morales of Community United Against Violence stated. “S-Comm gives dangerous discretion to police officers to falsely arrest or overcharge immigrant residents, who would then be automatically reported for deportation.”

The picket comes as a veto-proof majority of eight SF Supervisors stands poised to vote next week (there is no Board meeting today) on a resolution calling on local law enforcement to opt-out of S-Comm, noting that the policy “puts at risk even those subject to arrest for a minor infraction and those who did not commit any crime at all but were falsely arrested. “

To date, the Mayor’s Office has not indicated that Newsom has any concerns with the program.
But San Francisco Sheriff Michael Hennessey, who requested to opt out of the program, has stated that S-Comm “will widen the net (of people reported to ICE) excessively” and that ICE has a “record of secrecy.”

Last year, the California Dept. of Justice signed a memorandum with ICE on the S-Comm program; the cover letter indicated that counties needed to agree to the program by signing a “statement of intent.” But last week, Attorney General Brown denied the Sheriff’s request to opt out, so community and legal advocates continue to explore their options.
 
 “The Attorney General is mistaken in believing that this program will only affect people who have already been apprehended and deported by ICE or charged with serious offenses,” said Francisco Ugarte, an immigrant rights attorney with Dolores Street Community Services.

.
 According to ICE’s own data, 5  percent of the people identified under the S-Comm program were U.S. citizens, and some 9 out of 10 of the total identified were charged with low level offenses, including property and traffic violations, not serious crimes.
And then there’s the fact that ICE’s data does not indicate whether those deported were actually found guilty of crimes, or were simply charged with crimes—a key distinction for anyone who professes to believe in human rights.

 “Our city’s families are living in fear that if they report a threat to their own safety, they or their family member may risk deportation, “ Nour Chammas with the Arab Resource and Organizing Center stated in SFIRDC’s press release. “This policy will tear at the very fabric of San Francisco’s rich and diverse culture.”

And Bobbi Lopez of La Voz Latina observed that folks are working on a federal level for immigration reform because they know real solutions to a broken immigration system.  “However, we cannot just sit idly by and wait while ICE’s police collaboration schemes threaten our families daily,” Lopez warned. “ We are proud that city officials are standing with community members to halt this attack on our San Francisco community.” 

Today’s picket was called for by the following members of SFIRDC:
African Advocacy Network, Arab Resource and Organizing Center, Asian Law Caucus,
CARECEN, Causa Justa: Just Cause, Chinese for Affirmative Action, Chinese Progressive Association, Communities United Against Violence, Dolores Street Community Services, East Bay Alliance for Sustainable Economy, Immigrant Legal Resource Center, Instituto Familiar de la Raza, La Raza Centro Legal / SF Day Labor Program, La Voz Parents Council, Mujeres Unidas y Activas, National Lawyers Guild SF Bay Area Chapter, People Organizing to Demand Environmental & Economic Rights, People Organized to Win Employment Rights, SF Pride at Work, and South of Market Community Action Network.

Is Secure Communities opt-out still an option?

Mary Magee
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5
Is Secure Communities opt-out still an option?

Immigrant rights attorney Francisco Ugarte, who works for SFILEN,  just talked to me about why it’s critical that folks raise their concerns about immigrant rights with their elected officials in the face of Secure Communities, a program ICE is planning to bring to San Francisco June 1, and to all U.S. jails by 2013, without the openness and transparency that we have come to expect under the Obama administration.

“There’s a rise in xenophobia and the economy is going down, so this is the time when people should be speaking up for immigrants,” Ugarte said. “ICE is among the least transparent governmental agency in the U.S. It’s hard enough for lawyers to get information about their clients, let alone a member of the public who is trying to get information about an ICE program like Secure Communities.”

Ugarte notes that ICE’s own MOA (Memorandum of Agreement) with individual states prohibits them from providing information about Secure Communities to the media, without first getting the consent of ICE.

“ICE needs to be asked, whose confidentiality are you protecting, your own, or that of the members of the public that are being detained under this program?” Ugarte said.

He believes ICE is being so secretive because it doesn’t want to tell the stories of deportations and trauma that have created in the local community.

I asked Ugarte if he’d support the idea of a national I.D. card, based on the premise that if ICE is going to fingerprint and I.D. everyone anyways, then why not parlay this into giving folks who aren’t found guilty of a felony some kind of I.D. Card as a first step towards amnesty? (Provided folks aren’t found guilty of a felon, in which case ICE would deport them.)

“I’m not sure if we can support a national I.D. card,” Ugarte said. ‘The point is that ICE is intent on removing folks who they deem ‘dangerous,’ but they are not offering any relief for the millions of people who work hard and pay taxes yet remain second-class citizens. We need some kind of commensurate relief.”

Ugarte worries that a national I.D. card program would allow the federal government to become an even bigger Big Brother.
“But it’s crystal clear that there has to be some relief provided for the millions who have worked hard and contributed to their communities,” Ugarte said.

He noted that ICE deported 400,000 folks last year alone.
‘That’s more folks than in any of the Bush administration’s years,” he said. “This is affecting us directly. We did not elect Obama to destroy our community.”

Ugarte said that he doesn’t believe that Obama is controlling ICE, but that he should start doing so now.
“Obama needs to assert more control. He has the power through executive order to stop the deportation of people who have U.S. citizens in their families. He has the power to reform the system to prevent the destruction of people who live here. Right now, we’re seeing enforcement only, and it’s creating a human rights crisis.”

And Ugarte has not given up on the notion that San Francisco can opt out of Secure Communities, no matter what AG (and gubernatorial candidate) Jerry Brown says.

“Right now, it appears that the Department of Justice is resisting the opt-out idea from San Francisco, but the Attorney General did not cite any legal authority in his letter,” Ugarte observed. “All he said was based on policy reasons, in contrast to San Francisco Sheriff Mike Hennessey’s concerns, which were based on the impact of the program on public safety.”

Summing up Jerry Brown’s missive as a “political letter,” Ugarte says folks need to double their efforts to ensure that folks in Sacramento understand the implications of local police-ICE collaborations and their similarities to Arizona’s immigration law.

“We need to ensure that our voices are heard. Three people in D. C. and three people in Sacramento should not be dictating policy for millions.”

Immigration update: good news, bad news

Mary Magee
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Immigration update: good news, bad news

Yesterday, the Board of Supervisors unanimously appointed tireless immigrant rights advocate Angela Chan to the San Francisco Police Commission.
That’s the good news.
The bad news? Attorney General and gubernatorial candidate Jerry Brown declined San Francisco Sheriff Mike Hennessey request to allow San Francisco to opt out of Secure Communities, ICE’s latest federal-local law enforcement collaboration.
“I think this program serves both public safety and the interests of justice,” Brown said. “ICE’s program advances an important law enforcement function by identifying those individuals who are in the country illegally and who have a history of serious crimes or who have previously been deported.”
“ Before the inception of Secure Communities allowing fingerprint identification, if a county suspected an arrestee was in the country illegally, the county submitted the person’s name to ICE for a background check,” Brown stated.

What Brown’s letter didn’t say was that, up until now in San Francisco, the county only submitted folks’ names to ICE if they were charged with a felony. Nor did he address why the federal government is sneaking around, switching this program on, without openly and transparently announcing their intentions to the local community.

Eileen Hirst, spokesperson for the San Francisco Sheriff’s Office said that, as a result of Brown’s letter, “As far as we know, San Francisco will be a part of Secure Communities as of June 1.”
In a statement, Sheriff Hennessey said, “I am disappointed with the Attorney General’s position and continue to be concerned that U.S. citizens and minor offenders will be caught up in the broad net of Secure Communities, and I will be studying the issue further to see how this program can be applied as fairly as possible and in the spirit of the sanctuary ordinance.”

So far, ICE’s data reveals the number of folks caught up in the Secure Communities net, plus a brief breakdown of the deportees’ level of crime.

It would be helpful, as several immigrants rights groups have suggested, if ICE revealed the nationality of these deportees, clarified if these folks were convicted of crimes or simply charged with them, and had to make frequent reports to Congress in which they included this data along with evidence that the program actually deports convicted criminals rather than folks simply arrested. Otherwise, the program could potentially be abused by renegades who realize that all you have to do to get someone deported is arrest them on trumped up charges

Anyways, you can read the rest of AG Brown’s letter below. My favorite line from Brown’s letter is, “Many of the people booked in local jails end up in state prison or go on to commit crimes in other counties or states.”  

Hmm. Does that mean that folks charged with crimes in this state are presumed guilty then, until proven otherwise? Or is that just the presumption about immigrants?

 

AG Brown’s letter:
“Dear Sheriff Hennessey:

I am writing in response to your letter regarding the Secure Communities program developed by U.S. Immigration and Customs Enforcement (ICE). The program is scheduled to be rolled out in San Francisco next month. You requested that the California Department of Justice (DOJ) block ICE from running checks on the fingerprints collected in San Francisco. The Secure Communities program is up and running in 169 counties in 20 states, including 17 counties in California. Because I think this program serves both public safety and the interest of justice, I am declining your request.

The DOJ Bureau of Criminal Identification and Investigative Services is the entity designated by California law to maintain a database of fingerprints used in the state for law enforcement purposes. When someone is arrested, the county forwards the fingerprints to the DOJ to identify the person, determine his or her criminal history and to discover any outstanding warrants. As in every other state, the DOJ forwards those fingerprints to the FBI to check for a history of criminal activity outside of the state. Under the Secure Communities program, the FBI forwards fingerprints collected at arrest to ICE. If ICE finds a match to prints in its database, ICE notifies the county. ICE’s stated intent and practice is to place holds on those individuals who are in the country illegally and who have a history of serious crimes or who have been previously deported.

Prior to the Secure Communities program, the name, but not the fingerprint, provided by an individual on arrest was run through ICE’s database of people known by ICE to be in the country illegally. Often, individuals with a criminal history were released before their immigration status was discovered. Using fingerprints is faster, race neutral and results in accurate information and identification.

In these matters, statewide uniformity makes sense. This is not simply a local issue. Many of the people booked in local jails end up in state prison or go on to commit crimes in other counties or states.

I appreciate your concern. But I believe that working with the federal government in this matter advances important and legitimate law enforcement objectives.

Sincerely,

EDMUND G. BROWN JR.
Attorney General.”

Insecure Sanctuary

Jesse Hawthorne Ficks
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9
Insecure Sanctuary

Sarah@sfbg.com

The Board of Supervisors is urging San Francisco officials not to participate in Secure Communities, a controversial federal-local fingerprinting collaboration set to be activated June 1. But opting out of a program that threatens to make debates over “sanctuary city” protections of immigrants irrelevant may not be easy.

Speaking at a May 18 rally, Sup. Eric Mar warned that the use of Secure Communities by U.S. Immigration and Customs Enforcement (ICE) could cause the deportation of innocent residents and destroy local community policing efforts. “The police-ICE entanglement will hurt our communities and many people accused of minor crimes will see families torn apart,” Mar warned, as he urged the city to opt out of the Department of Homeland Security initiative, which identifies immigrants who are sitting in U.S. jails and may be deportable under federal immigration laws.

Cosponsored by Sups. John Avalos, David Campos, David Chiu, Chris Daly, Bevan Dufty, Sophie Maxwell, and Ross Mirkarimi, Mar’s resolution was scheduled for a May 25 vote that would make San Francisco the first jurisdiction in the nation to pursue withdrawing from the system.

“The shadow of Arizona is starting to cover other cities,” Mar said, referring to Arizona’s anti-immigrant legislation, SB 1070. “We can’t let Arizona come to San Francisco.”

ICE spokesperson Virginia Kice said the program’s focus is on criminal aliens. “These are folks who have been charged with or found guilty of felonies and have ignored deportation orders,” Kice said.

But ICE statistics show that the program mostly deports those with minor offenses. Between October 2008 and March 2010, Secure Communities submitted 1.9 million sets of digital fingerprints and deported 33,326 people nationwide. Fifteen percent of those deported (4,903 people) had criminal histories that included major drug and violent offenses such as murder, manslaughter, rape, robbery, and kidnapping (Level 1 crimes). The other 85 percent (28,423 people) were deported for less serious drug and property offenses (Level 2 crimes) and other minor charges (Level 3 crimes).

Kice admits that Level 2 and 3 offenders constitute the largest percentage of SC cases. “That’s because representatively more people are arrested for Level 2 and 3 offenses than Level 1,” she said. “That’s probably fortunate, because Level 1 crimes are very serious.”

But American Civil Liberties Union legislative counsel Joanne Lin warns that Secure Communities allows the federal government to circumvent local sanctuary policies and fast-track deportation. “It allows the Department of Homeland Security to identifty everyone who is booked, whether they are here lawfully or their charges are subsequently dropped or dismissed,” Lin said.

Mayor Gavin Newsom said he has no reservations about the program, which the Bush administration first announced in March 2008. “Sanctuary city policies were never meant to protect criminal behavior,” mayoral spokesperson Tony Winnicker said May 7, when San Francisco Sheriff Mike Hennessey blew the whistle on the federal-local fingerprinting collaboration. “At the end of the day, federal officials should enforce immigration laws. We report — we don’t deport.”

The program links local law enforcement databases to the Department of Homeland Security’s biometric system through interoperability agreements with states, allowing instantaneous information-sharing among local jails, ICE, and the FBI.

ICE implemented the program in North Carolina and Texas in October 2008. Under President Obama, the program has been activated in 169 jurisdictions in 20 states. ICE plans to have a Secure Communities presence in each state by 2011, and in each of the 3,100 state and local jails nationwide by 2013, according to its Web site.

Under the program, participating jails submit fingerprints of arrestees to immigration and criminal databases, thereby giving ICE a technological presence in prisons and jails. An overview conducted by the Washington, D.C.-based nonpartisan National Immigration Law Center observes that “the critical element” of the program is that, during booking in jail, arrestees’ fingerprints will be checked against DHS databases, rather than just against FBI criminal databases.

“ICE asserts that the purpose of the Secure Communities program is to target violent criminals for removal,” NILC observed. “Advocates had criticized the program’s operation because it took place at the beginning of the criminal process and therefore indiscriminately targeted persons arrested for crimes of all magnitudes, rather than persons convicted of serious crimes.”

“The underlying purpose may be to lay the groundwork for real immigration reform,” NILC concludes. “But the mechanisms put in place will be difficult to dismantle, and the civil rights violations they produce cannot be undone.”

Scott Lorigan of the California Department of Justice’s Bureau of Criminal Identification and Information signed an interoperability agreement with ICE’s John P. Torres in April 2009. Since then, the system has been activated in Alameda, Contra Costa, Fresno, Imperial, Los Angeles, Monterey, Orange, Sacramento, San Bernardino, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Solano, Sonoma, Stanislaus, and Ventura counties. Now it’s set to get switched on in San Francisco.

Campos thanks Hennessey for blowing the whistle, and lays the blame at Obama’s door. “None of us would have known this was happening,” Campos said. “This is the time for all San Francisco’s elected officials to stand up in support of the principles that led us to establish a sanctuary city. It’s not just the board, but also the mayor who needs to step up and say what just happened is not acceptable. This program eviscerates sanctuary city.”

Hennessey has written to California Attorney General Jerry Brown asking for assistance in opting out of the ICE program. Brown’s office is reviewing his request. “The California Department of Justice manages the statewide database of fingerprints that are essential to solving crimes, but we have no direct role in enforcing federal immigration laws,” Brown’s press secretary Christine Gasparac clarified. “We were informed by ICE that they will work with counties to opt out of their program. Because that is a process directly between the county and ICE, we’re advising local authorities who want to opt out to contact ICE directly.”

But it’s not clear what opting out will achieve. ICE’s Kice said jurisdictions can choose not to receive the immigration-related information on individuals who are fingerprinted, but that information will still be provided to ICE, which can act on it. Kice said that after an arrestee’s biometrics are forwarded to the feds, the information is bounced off FBI and DHS databases, and the information that comes back says if they have a record.

“What comes out is a recap of whatever relevant information is in the database,” she said. “For example, whether there has been a prior formal deportation or a prior arrest. It also shows if they have an adjusted status — whether they have legal permanent status. It will indicate if they are naturalized, in which case they are not subject to removal. That’s the information the community could cut off.”

“ICE always did these checks, but it was only available to local law enforcement agencies if they queried the system themselves, which required them to take a couple of extra steps,” Kice continued. “And it was name based. And that could be problematic, given duplicate names in system. That’s what fingerprints eliminate. Our concern is that municipalities are dependent to a large extent on information provided by the individual at the moment of arrest. We think the use of biometrics will ensure that folks who provide false information to local law enforcement officials don’t escape detection.”

Kice acknowledged that not everyone in the database is a violator. “The fact of having a record does not mean that you are a deportable alien,” she said. “And we understand that someone may get arrested and may not get convicted on their current charges. But what about a prior history? We know that folks have eluded detection, escaped, or been released from custody. So the individual may be someone who has other prior convictions. It’s the totality of their record that we are talking about here.”

At present, the San Francisco County Sheriff’s Department only reports noncitizens who are booked on felony charges. Hennessey expressed concerns about the unintended consequences of ICE technology interfacing with that of the Department of Justice’s fingerprint database.

He also warned that the 2,000 or so ICE referrals his office makes annually could explode. “We’ll be fingerprinting 35,000-40,000 persons annually,” Hennessey claimed. “And ICE has a record of secrecy. They won’t tell me what happened to folks they pick up. They won’t say if they are still in custody, been released or deported. The basis of sanctuary city is to protect immigrants who are not doing anything wrong or serious. When ICE grabs someone who failed to pay a traffic ticket and that person is supporting a family, I don’t think those crimes should rise to the level of deportation.”

Immigration 101: Out of the mouth of babes

Mary Magee
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3

The Internet is abuzz with the news that a second-grader asked Michelle Obama about immigration during a visit to a Washington-area school–and in the process revealed that her mother is here without paperwork.

“My mom said, I think that she says that, Barack Obama is going to take away everybody that doesn’t have papers,” Margarita Zavala said.

“Yeah well that’s something that we have to work on, right?” the first lady replied. “To make sure that people can be here with the right kind of papers, right? That’s exactly right.”

“But, my mom doesn’t have any,” Zavala replied.

So, what will happen now that everybody in the world knows that Margarita’s mom is here without legal paperwork?

A) The feds descend on the Zavala household and slap an electronic monitoring bracelet on Margarita’s mother’s ankle, until they determine if she is deportable?

B) The Arizona-inspired alien-bashers cite Margarita’s mother as one more example of what is wrong with Obama’s administration, if the feds don’t haul her off pronto?

C) Margarita puts a human face on the people (and their kids) who are being terrorized by Arizona-style policies and helps the Obama administration move ahead with overdue immigration reform?

I don’t know what will happen. But I do know that it’s easy to rant about “illegal aliens” when they’re not your mother, the woman who tucks you into bed each night and helps you get to school on time, so you can open your mouth and speak truth to power.

The Mitchell sister

Jesse Hawthorne Ficks
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The Mitchell sister

sarah@sfbg.com

Porn heiress Meta Jane Mitchell Johnson is running a little late when I arrive at the Mitchell Brothers O’Farrell Theater, the adult entertainment establishment her father Jim Mitchell and uncle Artie Mitchell founded on the edge of the Tenderloin, just blocks from City Hall, July 4, 1969.

Johnson, 32, recently became co-owner of the theater and invited me over to discuss her vision for this notoriously hardcore strip club and the challenges she faces in an industry dominated by the Déjà Vu corporate strip club chain, in a town whose political leaders are still trying to figure out how best to regulate the clubs to ensure that their predominantly female workforce is properly compensated and protected from harassment in safe, sanitary conditions.

A young guy on the front register ushers me into a side room. The walls are decorated with photographs that recall the people and players who have made this club such a storied San Francisco institution and a landmark in the history of the sex industry.

There’s an image of a topless Marilyn Chambers, the star of Behind the Green Door, the porn film the Mitchell brothers shot and screened at the theater in 1972 and was a major hit after it became known that Chambers was also the wholesome face on Ivory Snow soap flakes box.

There is a photo of Artie with a young raven perched over his shoulder. It was taken in 1990 during a trip to Aspen, Colo., to support gonzo journalist Hunter S. Thompson, who worked at the club in the 1980s and was facing serious charges, including sexual assault and possession of drugs and explosives, that eventually got dropped.

Another shows both the Mitchell brothers, photographed when they were still young and rakish and battling the vice squad, even as they entertained the local political elite.

Today the brothers are dead, Artie from bullet wounds inflicted when Jim shot him with a rifle in February 1991; Jim from a heart attack in July 2007. And now Jim’s oldest son, James Mitchell, 28, is in jail awaiting trial for allegedly beating his ex-girlfriend Danielle Keller to death with a baseball bat in July 2009 and abducting their baby daughter, Samantha.

Unlike his father, who continued to run the Mitchell porn empire after serving less than three years for voluntary manslaughter, James is facing life behind bars.

“He is charged with six serious felonies and is facing life imprisonment with no possibility of parole,” Marin County Deputy Chief District Attorney Barry Borden said recently. Johnson told me that her brother no longer owns stock in Cinema 7, the corporation the Mitchell brothers founded to oversee their burgeoning sex business.

This latest family tragedy occurred in the wake of a $3.74 million class action suit that was settled in 2008. Brought by three MBOT dancers, the suit led to valid claims by 370 dancers who complained about Cinema 7’s “piece-rate” wage system. Under that system, the club compensated dancers solely for the number of private dances performed, waived meal and rest periods, and failed to reimburse dancers for costumes, props, and makeup.

Since then the club ended the piece-rate system, but introduced chips customers must buy to procure lap dances and encounters in small, curtained private rooms. On a recent night, the girls at the O’Farrell Theater remained smiling and bright-eyed as they succeeded in getting some customers to purchase chips for lap dances and private encounters. But the rest of the crowd remained largely silent and mostly tight-fisted as customers watched the club’s exotic dancers perform on its disco-balled stage.

All of which left me wondering if Johnson can succeed in overcoming her family history and reputation to make a difference for her workers and community while facing a nationwide recession in an industry dominated by an out-of-state chain.

 

THE UNLIKELY SAVIOR

Johnson greets me dressed in Ugg boots and jeans, apologizes for being tardy, and leads the way upstairs to the theater’s office so we can talk.

I first met Johnson in 2007 (“Behind the Mitchell’s Door,” 07/22/09) when she arrived at the theater in knee-high boots, clutching a massive lime handbag and a tiny dog named Baby. During that first encounter, three months after her father died, Johnson confided that when she took over the office, it was full of dildos dancers had given the Mitchell brothers. Placing her dog on the pool table that dominated the office, she said she planned to massage all this male energy toward femininity.

Today it looks as if she has started to deliver on that promise. The pool table is gone. The sofa where Hunter S. Thompson used to sit remains in the room. But now a clothesline runs between the office walls, draped with a stripper’s glove, stilettos, and a G-string emblazoned with the word “Gonzo,” presumably in honor of Thompson.

“It was a little thing we made to give away,” Johnson laughs.

She introduces her youngest brother and club co-owner, Justin. “Me and Justin are close. We are the owners and we are making some changes,” Johnson explains. “We are making the prices more reasonable so customers don’t have to spend an arm and a leg just to get a lap dance. And we’re going to hold events like poetry slams. We are trying to make the club fun again. We definitely see a hit due to the economy, but we’ve also been hit by the decision from the class action lawsuit.”

Johnson insists she and her brother aren’t “your typical strip club owners.”

“We‘re in a symbiotic relationship with our dancers,“ she says. “That sets us apart from other clubs. The dancers are our employees. We pay them minimum wage and workers comp. We cover their Healthy San Francisco costs. We incur a lot of expenses legally employing our dancers. But instead of crying about ‘our handicap,’ she said, referring to treating dancers as employees, “my goal is to show we can manage the club without a pimp mentality, without a ‘How much can you shake them down for?‘ approach.

“A lot of our employees have been here a long time and have had to deal with all the painful violent stuff too,” she continued. “And folks are still here, even though their hours got cut and they are not making as much money.“

In 2007, Johnson told me that she resented the family business when she was growing up. “The boys could go inside, and I couldn’t,” she recalled. It wasn’t until 2004, when she was working as a mortgage consultant in a cubical farm in San Ramon that Johnson began to take pride in the business “as something that had taken care of us through the years.”

Johnson, who became the club’s scheduling manager in 2005, recalls the shock of losing her dad in 2007. “It was like being dumped in icy water,” she says. “At first we didn’t know how to handle it. But we learned. Five years ago, I was much more liable to listen to advice. But I need to be able to fall asleep feeling good. That involves treating people a certain way. I don’t think any other strip club in the country is being run the way this one is.”

Johnson got married and went on maternity leave in 2008. ” When my son was six months old, I came back for the club’s 40th anniversary party and I realized, they need me — both of us [she and her brother]— as owners, steering the proverbial ship. No one else wants to be held accountable. We never discussed selling. Our father built this place. It’s completely shaped our lives. Good or bad, it’s ours.”

 

TOUGH INDUSTRY

As a nude strip club, Mitchell Brothers’ O’Farrell Theatre stands in direct competition with Crazy Horse on Market Street and the Déjà Vu-owned clubs including the Market Street Theaters, Gold Clubs and other spots in SoMa, and most of the clubs in North Beach. The exception is Lusty Lady, the only unionized, worker-owned peepshow in the country.

“If you walk into the Gold Club in San Francisco, well, there are 50 other Gold Clubs in the country, so, it‘s generic,“ Johnson says. “But they‘ve got their business model. We‘re not trying to copy Déjà Vu or Crazy Horse. We‘re the Mitchell Brothers. It‘s been part of us and our whole history.“

Dancers agree that the Lusty Lady isn’t in competition with Déjà Vu.

“They’re Walmart, and we’re the mom and pop store on the corner,” Lorelei*, a dancer at Lusty Lady, said. “At the Lusty, we pride ourselves on being alternative and having tattoos and piercings.”

Some dancers, who we’ve indicated with an asterisk after their altered names, voiced fear of being identified as critics of Déjà Vu’s business model.

“If Deja Vu found out I was shit-talking them I would probably get fired and be blacklisted from all their clubs,” Sugar* said. “If I were to get blacklisted, I’d be totally screwed because there are no other clubs in San Francisco,” where she doesn’t feel pressure to do more than dance, “which is not my thing.”

“Or the Lusty Lady, which doesn’t pay enough to cover my bills,” she continued. “But Deja Vu is notorious for being a terrible company to work for, mainly because of their outrageously high stage fees.”

Other dancers say they had to pay stage fees at the Déjà Vu-owned Hungry I, and sometimes went home empty-handed after eight-hour shifts when uninvited touching was common.

“The number one thing that would improve our work experience is if someone actually forced Deja Vu to stop charging us stage fees,” Amber* said. “Almost no one outside the industry knows that dancers pay money to go to work. A lot of customers think the clubs pay us, like, thousands of dollars. In San Francisco we pay between $100–$200 per shift, sometimes more.”

By law, dancers have the right to choose employee status, versus being considered independent contractors. “But that’s a joke,” Amber added. “If we choose employee status, we’re required to do a minimum of 10 lap dances per shift. The club keeps all that money, and we would get paid $12–$15 an hour.”

But Edi Thomas, counsel for Déjà Vu‘s Centerfolds club, flatly denies that the dancers who perform at Centerfolds (the only nightclub in San Francisco authorized to operate as a “Deja Vu Showgirls“ club) pay stage fees.

“Rather, entertainers who perform at Centerfolds (and/or at Hungry I, the Condor, and Market Street) are paid a substantial percentage of the patron revenues generated from individual dance sales,“ Thomas stated.

“The entertainers are issued Forms 1099 at year-end, reflecting the amounts they were paid by the nightclub,“ she said, which means the dancers are independent contractors, not employees. “These nightclubs operate within the law and make every effort to assure that entertainers are well compensated and perform in safe and lawful environments.

“There are, as in any industry, former and disgruntled workers carrying a desire to harm a nightclub or the industry for their own personal reasons,“ Thomas added. “But those workers do not represent the voice of the majority.“

 

CENTER OF THE STORM

When the Mitchell Brothers founded their empire, it was against a backdrop of organized crime trying to exercise a monopoly on the porn industry. According to a 1977 U.S. Department of Justice report, members of La Cosa Nostra tried to request exclusive distribution of Mitchell Brothers’ porn films.

The Mitchells resisted for years, but DOJ claims they eventually entered into a contract with LCN’s Michael Zaffarano to distribute “Autobiography of a Flea.” the Mitchells also fought City Hall.

During the 1980s, Mayor Dianne Feinstein’s vice squad tried to close the Mitchell Brothers’ operations. But under Mayor Willie Brown, the former attorney for late Déjà Vu strip club owner Sam Conti, SFPD enforcement reportedly eased.

Then in 1997, Déjà Vu started to take control of the city’s sex clubs, introducing stage fees and private rooms. In 2002, three former MBOT dancers filed their suit against Cinema 7. The next year, three other dancers brought suits against Market Street Cinema and Century Theater. And in 2005, Deja Vu settled a class action labor suit with its dancers. Attorney Greg Walston, representing the dancers, said at the time that minimum pay rate would protect dancers from being forced into prostitution to make money.

Deja Vu threatened a counter-suit based on the allegations of prostitution at their clubs, but Walston told reporters: “The record speaks for itself.” Walston used police reports with prostitution allegations to bolster his case and said he was doing the job the District Attorney’s Office should have done.

In July 2008, when MBOT reached its $3.74 million class action settlement, Cinema 7 president Jeffrey Armstrong said that the corporation was “not able to pay the entire amount up front.” Instead, Mitchell matriarch Georgia Mitchell and her business partner John P. Morgan, then cotrustees of the Jim Mitchell 1990 Family Trust, which holds two-thirds of Cinema 7’s shares, pledged stock certificates as security interest.

But the debate about how to treat sex work in San Francisco continues. In November 2008, District Attorney Kamala Harris and Mayor Gavin Newsom opposed Proposition K, a local measure that tried to decriminalize prostitution by forbidding local authorities from investigating, arresting or prosecuting sex workers. They argued that the measure would increase prostitution on the streets, give pimps cover, and hamper efforts to stop sex trafficking. The measure failed.

At the time, Prop. K advocate Carol Leigh and cofounder of the Bay Area Sex Workers Advocacy Network said, “We feel that repressive policies don’t help trafficking victims, and that human rights-based approaches, including decriminalization, are actually more effective.”

Today, erotic dancers must identify which of a tangle of regulatory entities is the appropriate venue to lodge complaints. District Attorney spokesperson Erica Derryck said Harris is dedicated to prosecuting violent crimes committed against all San Franciscans, regardless of whether they happen in a club or an alley.

“If there are two drug dealers and one attacks the other, we’d prosecute. But that’s not to say there won’t also be consequences for underlying criminal behavior too,” she said. “But anyone who has been victimized should be confident of going to the police and reporting any incident.”

Derryck said public health and safety complaints can be lodged at entities that provide permits and licenses, including the Planning Department and Entertainment Commission.

“There might not be any criminal activity involved, but this route hits clubs in the pocket and is worth considering if dancers want to represent their grievances,” she said.

Meanwhile dancers say there is still pressure to do more than just dance in some clubs. “For some dancers, the clubs feel fine,” Lorelei says. “It’s a safe space where no ads are needed. They see it as a fair exchange. But if you just want to dance — when one girl is doing this, and another that, how are you supposed to make money?”

Other dancers wish managers wouldn’t abuse their power. “Sometimes they back you up,” Amber said. “Other nights, someone insults you and they won’t help.” And many wish management would try to make the clubs fun again.

“It used to be a party, but now it’s about the cheapest dirtiest fuck you can get,” Lorelei said. “Taking stage fees created a dark environment that carries over to the customers. It’s like we’re goats in a petting zoo begging, saying give me money, give me coke.”

 

FAMILY BUSINESS

Attorney Jim Quadra, who represented the dancers in the MBOT class action suit, said that for all the talk about treating dancers right, the Mitchells’ interest was money.

“At the time, a group of people thought the agenda was to get dancers to do more than dancing because that’s what brings in the revenue,” Quadra said. “But Meta comes off much better than the rest of her family.”

During the trial, Jim was asked if there were meetings where Cinema 7 personnel defined what they meant by a “lap dance” in the piece rate system.

“You need a lap for a lap dance,” Mitchell replied. “You are getting down to like, you know, lap dance, erotic theater, America. And your question is like just a waste of the public’s slender resources, like drop[ping] a basketball in the ghetto and asking, ‘Did you define what that is for them?'<0x2009>”

Johnson, who voluntarily took the witness stand, was asked if there was any reason dancers would be afraid of her father. “He can be a little gruff and he can be cranky, a grouchy old man,” she replied.

Today Johnson is moving ahead with a vision she began to outline in 2007, then put on hold until December 2009, when a law suit about the family trust fund was settled.

“We settled everything out of court in December with my grandmother, which was a nice Christmas present,” she says, confirming that she and her siblings succeeded in removing their 83-year grandmother, Georgia Mae Mitchell, as trustee of the Jim Mitchell family fund. They replaced her with their mother, Jim Mitchell’s ex-wife, Mary Jane Whitty-Grimm, who also has custody of James’s baby daughter, Samantha.

“Danielle’s mother has some personal problems … that made the court reluctant to give her custody of the baby. so they gave Samantha to Mary, who is a nice woman, who is married with a family,” former San Francisco D.A. Terence Hallinan told me, after James Mitchell replaced him with another private criminal defense attorney, Douglas Horngrad, in March.

In court filings related to the family trust fund, Mitchell matriarch Georgia Mae claimed her grandchildren’s lawsuit was intended to deny her jailed grandson James his share of the trust to defend against his serious felony charges.

“Justin asked me to take money out of the trust account of his brother James, and send it to his mother instead of paying his criminal defense attorney, Terence Hallinan,” the Mitchell matriarch claimed.

I asked Hallinan if the trust fund was the reason James Mitchell changed attorneys. “Yes and no,” Hallinan said. “It definitely had to do with money and who was going to run the club. The poor grandma, she is such a nice person. She was trying to play fair and be nice to all the kids. It’s not a really healthy family. ‘Rafe’ [James] is where he is. In my opinion, he is still not clear what happened or why.”

Johnson, for her part, says her brother James has mental health issues. “I don’t accept what he did,” she said. “I’m not making any excuses for it. He’s either insane or he’s a monster. But the family has an obligation to make sure he has legal defense. He was always a beneficiary of the trust. But he fired his lawyer, which is the worst thing he could have done.”

A restraining order Keller secured five days before she was murdered claims Mitchell abused her for years, had mood swings, used cocaine, and was addicted to methamphetamines.

“Danny should have left,” Johnson said.

“It’s been painful to read the comments people leave,” she continued, referring to online reaction to her brother’s arrest that suggest the Mitchells are bad seed and should be wiped out. “It’s not because James is a Mitchell, or because there’s some bad gene.”

Rather, she said he had serious unaddressed problems, “a time bomb that was going to explode and then it did in just about the most horrific way imaginable.”

“When I was 13, my father shot my uncle Artie. And when I was 31, James killed Danny,” she adds. “So I hope I don’t live to be 103.”

 

WOMEN’S WORK

In 1985, the O’Farrell Theater’s marquee famously read, “For show times call … ” followed by Mayor Feinstein’s phone number. But that was another era.

“I don’t know Dianne Feinstein,” Johnson says, as she shows me a cartoon R. Crumb drew in 1985 of then-Mayor Feinstein as Little Bo Peep, with a bunch of men, including political and law enforcement leaders, peeking out from under her skirts. “I know my father was never very fond of her. And I’m sure her reasons for wanting to shut the club down were based on the idea that women are being exploited and that we need to save them.”

Johnson says some of their dancers are single moms; some are young girls who can’t get enough work at retail jobs to pay their bills; and others are college students and graduates.

“There are as many stories as there are dancers. But the stereotype is that dancers are being exploited and have to be protected because they can’t protect themselves and no one really wants to dance. But when I came through the club door, I realized that many women want to do this and get upset if people try to save them. Some people feel that working in a strip club is bad, wrong, dirty. No. But it can be if you are pushed into it and don’t want to do it.”

Dancers the Guardian spoke to confirmed that they dislike being framed as victims. “When we are painted as victims, we look stupid,“ Lorelei said. “All we want is to make sure that folks are following the labor code and providing the same basic, decent working conditions you‘d get if you were working at a coffee shop.“

But dancers know that some people are titillated by the idea of women being taken advantage of. “They don’t want that fantasy to go away, that she’s really a good girl and doesn’t want to do it,” Lorelei said. “If it turns out we are not traumatized, horrified, or disenfranchised, it ruins the whole fantasy.”

She fears that political leaders know bad things are happening but don’t want to talk about them for fear it implies they are permitting them. “The attitude is these women aren’t real, they are sex workers, so if they get raped or go missing, who cares?” Lorelei claimed. “We can’t admit they are the babysitter, the girl who sits next to you at the office.”

When Johnson began working at MBOT, she was shocked that the dancers were naked. “But no one is forcing anyone to be here,” she says. “Sure, some women dance out of necessity. But there are women who are really into it … What’s bad is the exploitation.”

It’s hard to tell from the outside whether the MBOT dancers are feeling better about their working conditions these days or whether having a woman in charge makes a big difference.

On a recent Saturday night, we were charged $40 to enter the club. The ticket gave us access to the theater’s main stage, where a succession of ethnically diverse and athletically built girls pranced, pole danced, and eventually took it all off — in tasteful fashion — as the customers threw tips on stage.

A friendly girl asked if we’d like some company but backed off gracefully when we declined to do more than chat. No one else tried to hustle us for the next hour, and we didn’t get the sense that these women were desperate to make more money. The private rooms remained empty during our visit. But there are VIP rooms that we didn’t have access to, and it’s possible more hardcore stuff was going on elsewhere in the club.

As we left, a tour bus pulled up outside, full of tourists who pressed their noses against the bus windows to eyeball the famed Mitchell Brothers establishment, drawn just to gawk at this titillating and complicated San Francisco institution.

Johnson and Mitchell believe their club gives women a path to financial independence and that having a female in charge makes a difference. “They don’t need a man,” Johnson says. “In most strip clubs, the pay is all under the table, and the girls keep cash in shoe box under the bed.”

“Dodging the IRS,” Mitchell adds.

But they recognize that some dancers may be coming from abusive situations. Johnson said she realized one dancer was in trouble when she asked to be booked for every shift. “I looked at the situation and saw 16-hour days in stilettos and an exhausting schedule. It took a woman’s insight to work out what was going on.”

“It goes back to a woman’s touch, ” Mitchell says.

Johnson blames this nation’s puritanical roots for the abiding disapproval toward the sex industry and those who work in it.

“But it’s come a long way,” Mitchell interjects.” When this place first started, it got raided non-stop. Now it’s much more acceptable than 20 years ago. In the next 20 years, I’m optimistic that prostitution will be decriminalized, at least in our city, if not in our state.”

So is prostitution happening as much as some dancers say it is? “You can’t penalize people for surviving,” Johnson says. “What dancers do outside clubs is their business. We don’t have control over them. All we can do is worry about them. We don’t condone illegal activity inside the club. We don’t encourage or support it. That’s our official take.”

Johnson acknowledges the O’Farrell Theater may have the reputation for being perhaps the most hardcore club in the city. “But everything that happens here, happens elsewhere,” she says. “It’s the same exact deal except they don’t care at all, and we’re a family-run business.”

Mitchell observes that the O’Farrell Theater is huge part of the city’s tourism industry. “When conventions come through, we’re one of the prime tourist spots, along with Fisherman’s Wharf and the Golden Gate Bridge,” he said.

“San Francisco is known for its freewheeling sexuality, like the Folsom Street Fair,” Johnson adds. “People say San Francisco is Oakland’s slutty sister. And people come here because this club is an institution, a landmark in San Francisco.”

So can Johnson make a difference against this convoluted backdrop?

“It’s a benefit to have a female in management,” Johnson claims. “When we come up with an idea, I think: How will the dancers feel? We’re on the same team. I treat them like teammates. We’re not in a battle over who gets the most money. I can see through things. Women manipulate men, and dancers are in the business of manipulating men. It’s a sale. It’s a hustle. They have that mindset. But I say, no, you don’t need to make up situations. You just tell us what’s up. But that’s not the normal attitude. In most clubs, it’s ‘Shut up, do what we say, and pay your fees.'”

Johnson says she was recently at the AT&T store, and the girl asked where she worked. “I said, at a strip club. People find that incredibly interesting. This girl was 23 and she was not comfortable with the idea of dancing, but at the same time she was fascinated by it. And it’s not going away, women dancing and stripping, You can hate it; you can love it — it doesn’t matter.”

After so many years on the San Francisco scene, MBOT is striving to be a legitimate part of its neighborhood and the city’s business community. And to Johnson, some of that involves unfinished business.

“Lou Silva was the artist who did the original mural of whales on the club‘s wall. That‘s what I remember as a child. My dad and uncle were connected to that community and the underground comic movement in the late 1970s. They made money, they wanted to spread the love around, so they did a giant art project on the side wall. And a couple of years before my uncle died, they started to redo it. But the project stopped when my uncle was shot. We are going to bring the whales back. We‘re working on it with an Academy of Art class. It will be far more peaceful and calm than a crazy jungle scene on the wall. We want to redo whales to demonstrate that we are interested in more than just sex and exploitation. We want to be connected to our community again.“

Noting that the new mural is part of the beautification of Polk Street, Johnson concludes: “The mural on the wall is unfinished because of Artie‘s death. Now it‘s time to finish it, not to have unfinished art on the wall because of some horrible, violent incident. It‘s an investment to show we are not the Mitchells everyone thinks we are.“

Sheriff: ICE referrals will leap from 2,000 to 40,000

Mary Magee
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There was a strong showing of supervisors, activists and community members at today’s rally to urge San Francisco to opt out of the Secure Communities Initiative, an automated fingerprint screening system that U.S. Immigration and Customs Enforcement (ICE) plans to switch on, in San Francisco on June 1—just two weeks ago.

The program links local law enforcement agencies to the Department of Homeland Security’s biometric system through interoperability agreements with each state. Scott Lorigan in the California Department of Justice’s Bureau of Criminal Identification and Information reportedly signed such an agreement with John P. Torres, acting assistant Secretary of ICE, over a year ago, on April 10, 2009. And according to ICE, As April 2010, biometric identification has been activated in 169 jurisdictions in 20 states:

In California, the system has already been activated in Alameda, Contra Costa, Fresno, Imperial, Los Angeles, Monterey, Orange, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Solano, Sonoma, Stanislaus, and Ventura.But as speakers pointed out at today’s rally, the supervisors and the communities they represent would not have even known that this system was about to go live in San Francisco, had it not been for San Francisco Sheriff Mike Hennessey, who spoke out after ICE informed local law enforcement agencies about the program three weeks ago.

Eric Quezada of Mission-based Dolores Street Community Services kicked off the rally with a rousing speech in which he warned that this “draconian Policy” was happening in the “shadow of Arizona.

Sup. Eric Mar warned that ICE’s proposed program will not make communities more safe.
”It was developed in the dead of night,” Mar said. “The police-ICE entanglement will hurt our communities and tear families apart.”

The Bush administration introduced the Secure Communities Initiative in March 2008. But as Mar observed, it is now being expanded under President Obama.“Many people accused of minor crimes will see families torn apart,” Mar said, citing statistics to show that  “90 percent of those IDed have been arrested for minor, less severe crimes.

“The shadow of Arizona is starting to cover other cities,” Mar continued. “We can’t let Arizona come to SF.”

Sheriff Hennessey told the crowd that he had written to California Attorney General Jerry Brown asking for his assistance in opting San Francisco out of the ICE program.“The Sheriff already has the authority to report foreign born folks charged with serious  felonies,” Hennessey explained.

In a May 18 letter to AG Jerry Brown, Hennessey wrote that he believed that Brown’s agency “has the technological capability to isolate by agency the information linked to ICE.”

““I ask that you isolate transactions from the San Francisco Sheriff’s Department because Secure Communities conflicts with local laws,” the Sheriff continued. “My department already has a system in place that reports individuals to ICE and I do not wish it to be replaced by Secure Communities.”

Hennessey also expressed concern about the unintended consequences of ICE technology interfacing with that of the Department of Justice’s fingerprint database, which also holds fingerprints collected for non-criminal justice purposes such as employment applications. And he warned that the number of ICE referrals could explode under the new system.
Under this system, we’ll be fingerprinting 35,000-40,000 persons annually, “ Hennessey said. “I think that’s excessive.”

Currently the Sheriff’s Dept. reports foreign-born individuals arrested on a felony crime or found during the booking process to have a felony of a previous ICE contact in their criminal histories.

‘Since 2007, the department has delivered more than 3,100 individuals to ICE, and has reported at least twice that number,” Hennessey wrote. “I would like to keep system that way.”

At the rally, Hennessey warned that the new system will widen excessively to include folks who were charged with misdemeanors, infractions and traffic violations, but failed to show up in court.

“ICE has a record of secrecy. They won’t tell me what happened to folks they picked up, they won’t say if they are still in custody, been released or deported,” Hennessey said.

Sup. John Avalos said the Secure Communities Initiative is yet another example of why the nation needs comprehensive immigration reform.
“I don’t know if we have the ability to opt out, there are a lot of obstacles in our oath, right now.”

But he warned that the nation is passing laws that “stand at odds” with the U.S. Constitution and the Bill of Rights “And we have rogue departments in the Obama administration, “ Avalos added. “ I consider ICE a rogue department. “
 
Rev. Phillip Lawson, a retired Methodist minister said he wanted to stand in solidarity with “resident aliens”.
“As black people, we know what it’s like to be aliens in our own land. And this enlarges the net of ICE. We will soon not be able to tell any difference between the police and ICE. And no one will trust the police.”

“I give thanks to the courage of folks here for instituting this attempt to say, no we will not cooperate…And we can also resist the law.”

Sup. David Campos, who provided much leadership in the last two years around the city’s sanctuary legislation, thanked Hennessey for blowing the whistle.

“None of us would have known this was happening,” Campos said. “This is the time for all San Francisco’s elected officials to stand up in support of the principles that led us to establish a sanctuary city. It’s not just the Board, but also the mayor who needs to step up and say that what just happened is not acceptable. This program eviscerates sanctuary city.”

Campos warned that the community has already lost trust in the local police, over the last two years, thanks to the city’s policy of referring juveniles to ICE when they are booked.

“If we cooperate [with SCI] that lack of trust will intensify,” he warned. “I applaud the sheriff, but we also need the police department to come forward.”

Campos laid the blame at Obama’s door.
“This is a Democratic president, who was elected with the support of the Latino and the immigrant community, but is engaging in practices worse than any other president.”

Tim Paulson, executive director of the Labor Council spoke on behalf of 150 unions in town. “Our work is dependent on the immigrant community,” He said. “Secure Communities is absolutely divisive and unconstructive. It pits worker against worker, families against families.”

Heidi Li of Asian Pacific Islander Legal Outreach warned that victims of domestic violence, trafficking and elder abuse would be at risk from ICE’s program.

“It will result in a situation where folks who need trust and assurance the most, will not feel safe and will no longer report to the police when they are the victims of abuse,” Li said.

At rally’s end, Hennessey told the Guardian, “The basis of Sanctuary city is to protect immigrants who are not doing anything wrong or serious. When ICE grabs someone who failed to pay a traffic ticket, and that person is supporting a family, I don’t think those crimes should rise to the level of deportation.”

Warning folks that folks did not know that SCI had been activated in Alameda and Contra Costa counties, Hennessey said all he can do is “raise the issue” of opting out. 

Sup. Mar told the Guardian that the request to opt out is a “unique and creative tactic.”

“We have the strong legal backing from organizations around the country, but SFPD Chief George Gascon doesn’t seem convinced,” Mar observed

Christine Gasparac, Attorney General Jerry Brown’s press secretary told the Guardian that they received Hennessey’s May 18 letter requesting to opt out and are reviewing it.

“To clarify, the California Department of Justice manages the statewide database of fingerprints that are essential to solving crimes, but we have no direct role in enforcing federal immigration laws,” Gasparac said. “We were informed by ICE yesterday that they will work with counties to opt out of their program. Because that is a process directly between the county and ICE, we are advising local authorities who want to opt out to contact ICE directly.

Virginia Kice, ICE’s Western Regional Communications Director said, “under Secure Communities jurisdictions can choose not to receive the immigration-related information on individuals who are fingerprinted, but that information will still be provided to ICE.

As April 2010, biometric identification has been activated in 169 jurisdictions in 20 states. Since it’s unclear, which communities know about the program, the Guardian is posting the list here:

In Arizona:  Cochise, Maricopa, Pima, Pinal, Santa Cruz, Yavapai and Yuma

In California Alameda, Contra Costa, Fresno, Imperial, Los Angeles, Monterey, Orange, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Solano, Sonoma, Stanislaus, and Ventura

In Delaware: Kent, New Castle and Sussex

In Florida: Brevard, Browar, Charlotte, Clay, Collier, Duval, Escambia, Highlands, Hillsborough, Lake, Leon, Manatee, Marion,Miami Dade, Monroe, Orange, Osceola, Palm Beach, Pinellas, Polk
Sarasota, St. Johns, St. Lucie, Volusia

In Georgia: Clayton, DeKalb and Gwinnett

In Hawaii: Oahu

In Illinois: DuPage, Kane, Lake, Madison, McHenry, St. Clair, Will and Winnebago

In Lousiana: Jefferson Parrish

In Maryland: Frederick, Prince George’s, Queen Anne’s and St. Mary’s.

In Massachusetts: Suffolk

In Michigan: Wayne

In North Carolina: Brunswic, Buncombe, Cabarrus, Catawba, Columbus , Cumberland, Dare , Duplin, Durham, Gaston, Halifax, Harnett, Henderson, Jackson, Lee, Mecklenburg, New Hanover,
Orange, Transylvania, Union and Wake.

In New Mexico: Bernalillo, Dona Ana, Grant, Hidalgo, LunaOhio, Cuyahoga and Franklin

In Oklahoma: Oklahoma, TulsaOregon and Clackamas

In Pennsylvania: Bucks, Montgomery and Philadelphia

In Utah: Box Elder, Davis, Salt Lake, Utah and Weber

In Virginia: Alexandria City, Arlington, Fairfax, Fauquier, Henrico, Loudoun, Norfolk City, Prince William, Rappahannock. Richmond City and Virginia Beach City

In Texas: Bexar, Brazoria, Brewster, Brooks, Collin, Culberson, Dallas Dallas County Jail, Dallas Farmers Branch PD, Dallas Irving PD, Dallas and Collin Richardson PD, Dallas and Kaufman Mesquite PD, Dallas, Collin, Denton Carrollton PD, Denton, Dimmit, El Paso, Fort Bend, Galveston
Grayson, Harris, Hidalgo, Hudspeth, Hunt, Jeff Davis, Jefferson, Jim Wells, Johnson, Kaufman, Kenedy, Kinney, Kleberg, Maverick, McLennan, Montgomery, Nueces, Pecos, Presidio, Real, Starr, Tarrant, TDCJ, Terrell, Travis, Uvalde, Val Verde, Webb, Willacy, Williamson, Zapata and Zavala.

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