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Lawsuits multiply over Fillmore Heritage Center

Opening night of the Fillmore Heritage Center in November 2007.

NEIGHBORHOOD BUSINESSMAN Agonafer Shiferaw has filed a lawsuit in federal court alleging fraud and deceit at the Fillmore Heritage Center. It charges that Mayor London Breed, Supervisor Vallie Brown and other city officials violated laws and engaged in other wrongdoing that has cost roughly $100 million in failed public and private investments — and “contributed to the stagnant economic conditions that continue to plague the city’s historic Fillmore District.”

Shiferaw, who owns local commercial real estate and formerly operated the Rasselas Jazz Club at 1534 Fillmore, alleges the city’s attempt to find a new owner of the center — including the vast space once occupied by Yoshi’s jazz club and restaurant — “was characterized by irregularities that side-stepped procedural safeguards.”

Four days before Christmas, he filed for an injunction to prevent the city from further leasing or selling the center. The issue is scheduled to be heard on February 13.

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Farewell to one of the regulars

Justice William Newsom administering the oath to his son Gavin, California’s new governor.

WE WILL MISS Justice William Newsom at Chouquet’s on Fillmore. He had two preferred tables that we’d set aside for him after he became a regular in recent years. We simply referred to him as “the judge.”

When he came in, he’d lovingly hold the hand of whichever pretty French waitress was on duty and recite the French poem La Cigale et la Fourmi (The Cricket and the Ant) in its entirety.

Since I am not a pretty French waitress, he would always greet me respectfully with a long handshake. As I’d open a half bottle of his favorite Chateauneuf du Pape, he would sometimes confide, “Gavin’s doing well.” The judge’s death came just weeks before his son — another former neighborhood resident — was to be sworn in as governor of California, serving the state his father served as a justice on the First District Court of Appeal.

Farewell, judge. Thank you for your kindness and style.

— Mark Fantino

City sues Fillmore Heritage Center developer

The Fillmore Heritage Center’s public spaces are empty, and no change is in sight.

CITY ATTORNEY Dennis Herrera filed suit this morning against developer Michael E. Johnson — who built the Fillmore Heritage Center  — for more than $6.5 million the city claims Johnson owes for a loan that helped build the complex.

“The years of excuses are over. Time’s up,” Herrera said in a statement announcing the lawsuit. “San Francisco taxpayers need to be made whole.”

For a few lively years beginning in 2007, the 50,000-square-foot space at Fillmore and Eddy housed Yoshi’s jazz club and restaurant and the 1300 on Fillmore lounge and restaurant, plus a gallery, screening room and garage. Yoshi’s closed in 2014 and briefly became The Addition, which Johnson ran himself before it too closed. 1300 on Fillmore closed in 2017 and now operates at the airport. The city took over the complex in 2017 when Johnson defaulted on the loan and has not yet figured out what to do with the empty commercial spaces.

“The city made this loan in good faith and has given Mr. Johnson every chance to pay back San Francisco taxpayers,” Herrera said. “San Francisco has worked with Mr. Johnson at every turn. Mr. Johnson has never held up his end of the bargain.

At a public meeting in May 2016, Johnson told the audience he had, in effect, had the project thrust upon him. He noted that he was primarily a housing developer when he was asked to become involved by local residents who wanted an African-American in charge.

He said it was a mistake for him to get involved in entertainment and restaurants. “It was a bad decision to go down that road,” he said.

After Yoshi’s on Fillmore declared bankruptcy, Johnson decided to run the club and restaurant himself. “I made another mistake,” he said. “We decided we’re going to try to resurrect it and create The Addition.”

He added: “We found out that operating that 28,000-square-foot facility was very difficult. We went six months. We couldn’t make it work. We had to close.”

The case is: City and County of San Francisco v. Michael E. Johnson et al., San Francisco Superior Court case no. CGC-18-568954, filed August 16, 2018.

How Pacific Heights got a 40-foot height limit

One of the flyers distributed during the fight for a 40-foot height limit.

By SUSAN SWARD

On a Friday in April of 1972, Charlotte Maeck got a purple postcard in the mail at her Pacific Heights residence that she initially thought was a hosiery advertisement from the I. Magnin department store.

On closer look, she saw it was a city announcement of a hearing the following Tuesday on a proposal to rezone the areas between Van Ness to Steiner and Union to Washington to permit structures of up to 160 feet — or 16 stories. Before then, height limits of 65 feet and 105 feet existed in various parts of Pacific Heights.

Maeck, who was busy raising her four children with her husband, orthopaedic surgeon Benjamin Maeck, in their home on Pacific Avenue, knew nothing about planning codes and had never been involved in the brawling political fights over development in San Francisco.

She came from Staten Island, where her grandfather founded a marine hardware company. “We were concerned about neighborhoods, and families watched what went on,’’ Maeck recalls. But “I knew nothing about zoning.”

That was about to change.

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City tight-lipped on Yoshi’s

The Fillmore Heritage Center's public spaces are empty, and no change is in sight.

The Fillmore Heritage Center’s public spaces are empty, and no change is in sight.

IN THE two-and-a-half years since Yoshi’s walked away from the jazz club and restaurant it created in the much-heralded Fillmore Heritage Center, city leaders have met and talked extensively about what should take its place.

Now they have punted.

On November 3, City Hall abruptly announced that none of the five proposals that had been submitted by potential buyers of the complex would be accepted.

“Ultimately, the proposals presented to the review panel and the city didn’t realize the cultural and economic potential of the Fillmore Heritage Center and its significance to the community to allow the process to continue,” said Joaquín Torres, the point person in the mayor’s office for the project, in an email.

So, for now, nothing will be done.

Neither Torres nor anyone else in City Hall involved in the project would discuss publicly the shortcomings of the five proposals or what might be done differently during a second round. Torres repeatedly refused to be interviewed on the record, finally issuing a brief noncommittal statement that said: “The city is currently reviewing its options to produce a beneficial and impactful opportunity for the lower Fillmore neighborhood.”

The decision to start all over again came only days after the restaurant 1300 on Fillmore — the last business operating in the complex — announced that it too would close, at least for now.

Zen garden back on again

Renowned gardeners Shigeru Namba (right) and Isao Ogura are to create the Zen garden.

Renowned gardeners Shigeru Namba (right) and Isao Ogura are to create the Zen garden.

THE ON-AGAIN, off-again plan to create a memorial Zen garden at the foot of Cottage Row — once a Japanese enclave — is back on again.

On October 19, the Recreation & Park Commission approved the garden, a memorial to the founders of Japantown.

But approval on the commission’s consent calendar came only after another attempt to derail the project by the husband-and-wife team of Bush Street residents who have doggedly opposed the garden. Mary King and Marvin Lambert both argued again that honoring only the Japanese founders leaves out many others who have lived near Cottage Row.

So far they have managed to delay the garden, which was to be created last year in honor of the 110th anniversary of the founding of Japantown after the 1906 earthquake. At the October 19 hearing, Lambert repeatedly demanded that the issue be removed from the commission’s consent calendar. He said he has created his own memorial that would include all who have lived in the neighborhood.

But commission chair Mark Buell said the issue had already been discussed in a lengthy committee hearing and that only commission members could remove an item from the consent calendar. No one did. The garden passed unanimously.

EARLIER: “Cottage Row Zen garden sparks a fight

A parking solution

Parking was blocked at 2615 California Street for years.

Parking was blocked at 2615 California Street for years.

By JOHN KAYE

I have walked the streets of Pacific Heights for years with my beloved dog, Bubba, and I have been noticing something getting worse: “No Stopping” signs are sprouting all over the streets, especially on Sacramento, Steiner and Fillmore.

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Immigration fight snares a familiar face

Luis Quiroz, a staffer at Fillmore’s Invision, is among those threatened.

Luis Quiroz, a staffer at Fillmore’s Invision, is among those threatened.

By JAYA PADMANABHAN

When 27-year-old Luis Quiroz heard the news that DACA — the Deferred Action for Childhood Arrivals immigration program — was being rescinded, it was as though something he’d worked for all his life had been stripped away.

“I felt completely defeated,” he said.

Quiroz was born in the Mexican state of Guerrero and was brought to America when he was 6 months old. He grew up in San Diego and later moved here to attend San Francisco State University.

“My whole life has been devoted to the United States,” he said. “I know no other home. California has been my home my whole life, pretty much.”

DACA changed Quiroz’s life in two crucial ways: He found a job at Invision Optometry on Fillmore Street, which helps him pay off education expenses; and he obtained a driver’s license, which allows him unrestricted movement. DACA validated his identity.

“I could prove to the world that I was Luis Quiroz and that my birth date was the date it was and that I was a California resident,” he said.

Quiroz worried about his family living close to the Mexican border in San Diego, where there was heightened immigration enforcement activity — and he was right to worry. When Quiroz was 15, his 23-year-old brother was detained and subsequently deported. Two years after that, his father was deported. And in 2015, his mother was sent back to Mexico.

“The reason they fled Mexico in the first place was for economic opportunity, to escape violence, for a better future for themselves and their children,” Quiroz said. “As much as we want to see each other again, my parents recommend I stay in San Francisco.”

His voice thickened with emotion, Quiroz talked about a recent tragedy in his family. In March of this year, his brother, who operated a business for tourists, was assaulted and shot point-blank in front of his 4-year-old daughter.

“I currently have no way of going to Mexico, or visiting his grave, or visiting my parents or my brother’s daughter, whom I have never met,” Quiroz said. He had just finished putting together the paperwork and fee for DACA’s advanced parole, which would have enabled him to visit his family in Mexico. But now, with DACA rescinded, advanced parole is no longer an option.

“I’m very lucky to be in San Francisco, of all places,” Quiroz declared, enumerating the various resources the city has offered him.

S.F. State set up healing circles at their Dream Resource Center after the DACA announcement. San Francisco’s Office of Civic Engagement and Immigrant Affairs offers advice, support and sanctuary to Dreamers. That office also provides help with DACA renewals, fee assistance and legal aid.

Dreamers like Quiroz are concerned about what might be compromised in the zeal to get Congress to pass the pending Dream Act.

“I personally feel torn about this,” Quiroz said. “This Dream Act offers relief to less than 10 percent of the undocumented population, and it excludes everyone else.”

He fears that while he would personally benefit from the bill, the larger undocumented population will be left unprotected.

“It’s like saying, ‘We get to stay, but our parents will get deported,’ ” Quiroz said.

An earlier version of this article appeared in Jaya Padmanabhan’s In Brown Type column in the San Francisco Examiner.

No Zen on Cottage Row

A PLAN TO build a Zen-style Japanese rock garden at the foot of Cottage Row has been derailed, at least for now.

In June, a committee of the Recreation and Park Commission approved the garden, which would honor the Issei generation of Japanese-Americans who founded Japantown 110 years ago after the 1906 earthquake.

But Bush Street resident Marvin Lambert, who has vehemently opposed the garden in a series of public hearings, threw a monkey wrench into the works by appealing the Planning Department’s finding that the garden would be an appropriate addition to the Cottage Row Mini Park.

Lambert’s challenge was to be heard by the city’s Historic Preservation Commission on July 19. But the sponsors of the garden pulled their project from the agenda as the meeting began.

Lambert spoke nonetheless.

“I hope we can now close the books on the proposed Cottage Row Zen Garden,” he said. “This proposal was based largely on lies, logical fallacies and other nonsense.”

Cottage Row was almost entirely occupied by residents of Japanese ancestry before they were interned during World War II. But Lambert said only the blocks east of Webster Street were historically part of Japantown. He said “faulty reasoning” was used in city documents that say otherwise.

“It’s not over,” said Paul Osaki, executive director of the Japanese Cultural and Community Center, who has spearheaded the project. “The garden proposal is not dead. It’s just in suspension.”

Osaki dismissed Lambert’s appeal as “an abuse of the system and taxpayers’ dollars.” He said supporters were returning to the Planning Department to figure out how to proceed.

“We’re going to continue on,” he said.

According to the latest count from the Rec and Park Commission, 100 nearby neighbors favor the garden; 10 oppose it.

EARLIER: “Cottage Row garden sparks a fight

Women’s clinic facing budget cuts

The Women's Community Clinic at 1833 Fillmore Street.

The Women’s Community Clinic at 1833 Fillmore Street.

FEDERAL THREATS to cut funding for health care — particularly family planning services for women — have already hit a target close to home.

The Women’s Community Clinic, at 1833 Fillmore Street, recently lost a $250,000 federal grant it had depended on for years and is now facing the biggest budget shortfall in its 18-year history.

At the same time, the financial squeeze has increased the demand for services.

“Women are streaming into the clinic for birth control and other types of care because they genuinely fear they soon won’t be able to get it,” said Tara Medve, development and communications director of the clinic. “People are in the freakout stage. There’s been a huge rise in fear and anxiety.”

The clinic is scrambling to find alternative funding sources and has launched an intensive fundraising campaign that runs through the middle of the month.

“We are doing everything we can to reassure and support our clients during this scary and uncertain time,” said Carlina Hansen, the clinic’s executive director.

The Fillmore clinic provides primary medical care and mental health care to low-income women and girls 12 and older. It currently serves about 5,000 clients each year, 90 percent of whom earn $25,000 or less. In addition to providing medical services, the clinic also runs a number of community health programs.

The administration’s proposed targets — cuts to the Affordable Care Act, Medi-Cal and especially to Title X — pose additional threats to the clinic’s ability to function. If an initiative to eliminate Title X funds takes effect, the clinic stands to lose an additional $150,000 from its operating budget, Hansen said.

The Women’s Community Clinic has  launched an emergency campaign to raise $250,000 from individuals, foundations and corporate sponsors by April 14. For more information, visit the clinic’s website.