Board of Supervisors

Newsom’s road-closure veto

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EDITORIAL Mayor Gavin Newsom showed a colossal lack of political courage May 15 when he bowed to pressure from a few rich socialites and vetoed a program that would expand one of the city’s most popular and successful recreation programs.

Newsom, apparently changing course at the last minute, rejected a Board of Supervisors plan to close a section of roadway in Golden Gate Park on Saturdays. The six-month trial program would expand on the existing Sunday closure, which brings thousands of walkers, bikers, and roller skaters and yes, fans of the De Young Museum to the park to enjoy a rare car-free urban experience.

As of last week, Newsom insiders were telling us the mayor had decided to sign the legislation. But Dede Wilsey, a wealthy patron of the museum, was pushing hard to block the proposal. On May 9, the San Francisco Chronicle weighed in on the side of the museum, running a misleading editorial accusing the supervisors of defying a vote of the people and giving Newsom more cover for a move that will undermine his national image as an environmentalist.

In his veto letter, Newsom argues that the issue needs further study though that’s exactly what this plan would be: a six-month study period. And, like the Chronicle, he insists that the voters have spoken on this issue as if a pair of confusing ballot measures that were all tied up with the museum and the garage six years ago should be the final word on this issue. He also calls it "divisive" meaning, presumably, that unless Dede Wilsey and the museum crowd like something, the mayor can’t be a leader and take a stand.

The whole thing shouldn’t be difficult. The De Young’s board has argued that closed roads mean smaller crowds, but the museum’s own figures show that’s untrue (see "Dede Wilsey’s Whoppers," 4/19/06). Museum attendance on Sunday, when the roads are closed, is higher than on Saturday, when cars clog the area. (With so many people flocking to that part of the park, it’s no surprise some of them decide to stop by the museum.) Besides, when the museum won permission to build an underground parking garage in the park, garage supporters, including financier Warren Hellman, promised that the added car access would make it possible to close the roads on Saturdays and today, to his credit, he’s arguing in favor of the plan.

In New York City, which is even more congested than San Francisco and has far worse parking problems, a Republican mayor, Michael Bloomberg, has managed to close roads in Central Park not only on Saturdays but also on weekdays.

It’s too late to change Newsom’s mind, but the supervisors can still override the veto. One of the four who voted against the plan will have to switch to get the eighth vote for an override, and the most likely candidate is Bevan Dufty, whose district includes plenty of road-closure enthusiasts and who is up for reelection this fall. Call him (415-554-6968) and don’t let him wriggle out of this one. SFBG

Hunters Point plan: Wait for an audit

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EDITORIAL The redevelopment plan for Hunters Point was heading for almost certain approval at press time, in part for a pretty dumb reason: It exists.

If you ask supporters of the plan, like Redevelopment Agency director Marcia Rosen, about the harsh criticism in some parts of the African American community, she’ll confront you with a very good question: What’s the alternative?

The area is economically depressed, the city and state don’t have much money to pour into it, and redevelopment at least offers the option of federal money and tax-increment bonds that could generate thousands of jobs, create thousands of units of affordable housing, help new businesses get going (and help old ones prosper), and generally improve the lives of a lot of struggling people.

At least, Rosen says, her agency has a tangible proposal. Even if it’s not perfect and no economic development plan ever is it’s something.

And that’s true, but we still have this lingering problem: The San Francisco Redevelopment Agency has never been anything but a disaster for the African American community. Since the 1950s the agency has used its extensive authority to drive black residents out of town, destroy black-owned businesses, eliminate existing affordable housing, and destroy the hearts of black neighborhoods.

And redevelopment has its own expenses according to the Board of Supervisors’ budget analyst, $100 million of the money the agency raises in tax-increment financing will go to overhead and administrative expenses.

Redevelopment is a powerful tool, which is why some progressives still like it. Despite the abuses of the past, they say, it’s possible to use that tool properly. A redevelopment agency can issue bonds backed not by the city but by the projected increase in tax revenue that will come from the economic revitalization of an area. Those bonds don’t require voter approval, provide immediate cash for things like permanently affordable housing, and have no impact on the city’s credit rating.

In the past, almost nobody has paid much attention to where the bond money actually goes and how much of the tax-<\h>increment financing winds up improving the lives of the people in the project area. That’s a serious problem.

Sup. Ross Mirkarimi, who represents the Western Addition a neighborhood that still suffers from the ugly scars of redevelopment argues that before the city launches a new redevelopment project, there ought to be a complete audit of where San Francisco redevelopment money has gone in the past. How much of the tax-<\h>increment money has subsidized the profits of private developers? How much has gone to market-<\h>rate housing? How much has gone to high agency salaries and expenses?

Equally important, how many people of color have been forced from their homes by redevelopment and how many have ever been able to return? How many minority-<\h>owned businesses have been destroyed, and how many created? How many jobs in redevelopment project areas have actually gone to residents of those areas?

How did the failures of the past happen and how can we keep them from happening this time around?

Mirkarimi’s proposal makes sense. This has been a long-term process: The city has been discussing Hunters Point redevelopment for some 10 years now. As long as there’s significant opposition in the community and as long as those q

Eviction battle continues

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› sarah@sfbg.com

Back when the tsunami of condo conversions now rolling across San Francisco was but a ripple on the rental pool, local resident William Johnston didn’t know "the ins and outs of the Ellis Act."

"Now I have a Ph.D. in it," jokes Johnston, 70, about the legislation allowing landlords to get out of the rental market, which has been increasingly abused over the past decade by landlords wishing to sell their buildings in a scheme known as tenancy-in-common.

Under the TIC system, tenants share the same mortgage but live in their own unit, which they usually hope to convert to an individually owned condo. And it was a letter proposing a TIC in the 10-unit rent-controlled building where Johnston has lived for 33 years that finally got the feisty septuagenarian to start learning about the Ellis Act in detail.

"That letter scared the crap out of me," says Johnston, who was shocked when a real estate agent claimed that the one-bedroom unit, for which Johnston pays $512 a month, would fetch half a million dollars if it were converted into a condo … if only Johnston could pony up $90,000 for a down payment.

Johnston was relieved when none of his fellow tenants took his landlord’s TIC bait, but they’re all worried the landlord plans to put the building up for sale anyway. So he’s closely following the latest chapter in the Board of Supervisors’ effort to protect renters like him.

On May 9 the board gave an initial 73 approval to a measure that would prevent condo conversions in buildings where seniors, the disabled, the catastrophically ill, or multiple tenants have been evicted.

Three previous board efforts to help tenants have been vetoed by Mayor Gavin Newsom, so Sup. Aaron Peskin heeded input from the Mayor’s Office and amended the measure to move the cutoff date for considering evictions from Jan. 1, 1999, to May 1, 2005.

That change, and the fact that he’d been getting public pressure from renters, apparently won the support of Sup. Bevan Dufty, who had voted to uphold Newsom’s vetoes of the previous renter measures. But with Sup. Ross Mirkarimi forced to abstain because he owns a TIC, the board is still left one vote shy of being able to override a veto.

The date change could affect renters like Debra Hutzer, who is disabled by thyroid problems and whose eviction papers were filed January 2005, forcing her to move on May 13, 2006, from the rent-controlled apartment on Church Street where she’s lived for 19 years to a place where she’s already paying $250 more a month.

"It’s been very disconcerting," says Hutzer of the eviction, which one of her neighbors, Carole Fanning, may now fight. Fanning is also supposed to leave, but she’s now hired an attorney to fight for "a stay of execution" that would allow her to remain in her rent-controlled unit.

"It’s possible, since seniors, disabled, and the catastrophically ill have one year from the date their eviction notice was served, that some may yet be able to convince landlords not to proceed," Peskin board aide David Owen told us.

As for the watering down of Peskin’s original measure, Ted Gullicksen of the San Francisco Tenants Union says the alternative was to put a version backdated to November 2004 on the November ballot a strategy that would have involved taking risks on an initiative that, even if it had passed, wouldn’t have gone into law until January 2007.

"Instead we have a measure that’s acceptable and has passed its first reading, which means tenants should be protected in another week," Gullicksen says. Peskin’s other amendment allows buildings with multiple evictions but not those involving the elderly or disabled to be eligible for condo conversions after 10 years. "This means those buildings get taken off the speculative real estate market," Gullicksen adds. SFBG

Paying for renewal

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› gwschulz@sfbg.com

BayviewHunters Point residents have cause to be concerned about any redevelopment plan that would dramatically alter the face of their neighborhoods, particularly given the displacement and corporate subsidies that have resulted from past redevelopment schemes in San Francisco.

So when housing activist Randy Shaw reported on his Beyondchron.org Web site April 10 that "hundreds of millions of taxpayer dollars" in revenue from the BayviewHunters Point Redevelopment Plan could go toward rebuilding Candlestick Park for the 49ers, his claim created a firestorm. The rumor quickly circulated among community groups and lefty media outlets already fearful of what SF officials had in store for the southeast section of the city.

But Marcia Rosen, executive director of the San Francisco Redevelopment Agency, says Shaw got it wrong: The tax increment financing (TIF) the main source of redevelopment money from BayviewHunters Point was never intended for Candlestick Park. Sup. Sophie Maxwell, whose district includes the project area, also told the Guardian last week that there hasn’t been any talk of subsidizing the stadium project or its surrounding housing.

Nonetheless, Maxwell has spent weeks trying to respond to community concerns about the stadium funding, as well as a host of other concerns raised by a portion of the community that has been galvanized by the redevelopment issue. On April 20 she added an amendment to the plan that explicitly restricts any TIF money from outside the Candlestick Point Special Use District from going anywhere near the stadium.

But that’s unlikely to end the controversy over a plan that Maxwell has been working on for six years and that has been in the pipeline for nearly four decades.

"This plan didn’t just happen out of thin air," Maxwell said at the May 9 Board of Supervisors meeting. "It came from many different plans in the Bayview. It was an accumulation of many outreach efforts. The plan has been thoroughly vetted. The scrutiny and disagreements have only made it stronger."

The legislation before the board for consideration now contains two parts: a 136-acre area that includes the Hunters Point Hill residential neighborhood, and a much larger area, added in the ’90s, that would expand the Redevelopment Agency’s jurisdiction by 1,361 acres.

Inside the enormous widened area is the Candlestick Point Special Use District, which was created by voters in 1997 as part of a narrowly passed legislative package infused with $100 million in bond money for the construction of a new Candlestick stadium and shopping mall. The plan was stalled until last month, when public mutterings about an alternative plan with more housing units began to circulate.

The propositions (there were two in 1997) allocating $100 million for Candlestick are still technically in effect. The money was never spent, and the football club’s ownership has since indicated it may build the project without that bond money in order to focus on housing. A feasibility study is currently under way, and no plans have yet been made public.

According to a report released by the Budget Analyst’s Office in late April, the Redevelopment Agency is expecting to generate almost $300 million in TIF money from new property taxes over the next 45 or so years to pay for the redevelopment plan. Approximately $30 million of the money available for infrastructure improvements and low-income housing would be contingent on business activity inspired by a new stadium, meaning the agency could end up with much less if the stadium area remains in its current state.

TIF money generated inside Candlestick Point can still flow outward, new stadium or not. But Rosen clarified for us that TIF money could also go toward infrastructure improvements associated with the Candlestick project, such as roads, streetlights, green spaces, and housing at least 50 percent of which is required to be affordable to those with low incomes, a far higher rate than citywide requirements. None of this could happen, however, without board approval and considerable public oversight.

"There is the possibility that the board could allocate tax-increment financing to a park or other public space," Rosen said.

Other concerns residents had over the redevelopment plan have cooled somewhat as Maxwell has introduced a series of amendments, including a call for regular management audits during the plan’s implementation and increased public participation in approving "significant land use proposals," an amendment she introduced last week.

But some skeptics have continued to express concern about gentrification of the area and the displacement of its predominantly minority residents.

Shaw, who opposes the plan, told us his greatest concern now is no longer the 49ers but turnout at public meetings.

"The proponents have outnumbered the opponents," he said. "I haven’t seen the kind of turnout we would have expected." SFBG

One down, one to go

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› gwschulz@sfbg.com

As the Pacific Gas and Electric Co. prepared to finally shut down its Hunters Point power plant May 15, environmentalists were gearing up for another task pressuring the Mirant Corp. to replace its 40-year-old, pollution-spewing cooling system near Potrero Hill. The two plants have been blamed for a wide variety of health problems in the southeast part of San Francisco.

Community groups aren’t the only ones decrying the aging facility. Sup. Sophie Maxwell, City Attorney Dennis Herrera, Board of Supervisors president Aaron Peskin, and San Francisco Public Utility Commission general manager Susan Leal all plan to appear at the May 10 Regional Water Quality Control Board meeting to call on Mirant to update the cooling system of its Potrero Unit 3 with more modern technology.

Critics claim the current unit absorbs nearby polluted sediment through its cooling system and discharges it into Bay waters.

The water board will be considering whether to green-light a discharge permit drafted by its staff. But the RWQCB staff proposal, according to Hererra spokesperson Matt Dorsey, is really an extension of a permit Mirant was granted all the way back in 1994. The permit was extended by the water board in 1999 and again in 2004, meaning that the permit has fallen "out of compliance with current environmental standards," Dorsey said.

SF-based Communities for a Better Environment says the permit does not take into account new technologies that would eliminate the need to suck up Bay water for cooling purposes. If Mirant does not switch to the alternative "upland cooling," CBE says, the plant should be closed.

"We’re hoping for there to be as big a turnout as we can get," CBE’s Greg Karras said in a phone interview. "This is the most important issue for the community’s goals on the existing Potrero plant. This plant’s ancient cooling technology is known to kill hundreds of millions of larval fish every year and poison the fish people rely on for food."

The Board of Supervisors passed a resolution April 25 asking the water board to reject the current draft discharge permit and adopt an alternative "community permit" that includes the requirement of a new cooling system.

Lila Tang, chief of the wastewater division of the EPA’s National Pollutant Discharge Elimination System, said the water board needs more time to "fully assess and analyze alternatives for compliance" before addressing new pollution rules that were passed in 2004. But she insisted that the current draft permit includes updated toxicity monitoring requirements and imposes discharge limits on copper and mercury concentrations where such requirements haven’t previously existed.

The water board meeting is scheduled for Wednesday, May 10 at 9:00 a.m. at 1515 Clay St. in Oakland (near the 12th Street Oakland City Center BART station). The deadline for submitting written remarks has passed, but interested parties can still show up at the meeting to make a public comment. Call the water board at (510) 622-2300 for more information.

The Mirant plant has become the new target for environmentalists now that the Hunters Point plant is finally closing. PG&E announced in late April that the long-awaited closure of the plant would finally be completed by May 15. Energy production was transferred to another transmission line April 29. Construction of the new transmission line began in January 2005, but BayviewHunters Point residents have waited for nearly a decade to see the old plant closed as concerns over widespread asthma symptoms in the area grew.

Longtime Hunters Point power plant closure advocates Greenaction and the Huntersview Mothers Committee will throw a community celebration of the plant closure May 12 in the Huntersview public housing project, 227 West Point Rd., near Evans, in San Francisco. All are welcome. SFBG

Another round

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› news@sfbg.com

Members of the newly formed San Francisco Outdoor Events Coalition gathered on the evening of May 3. It had been a long, discouraging day, and the mood was somber.

Robbie Kowal of the North Beach Jazz Festival apologized for not having an agenda ready. "Frankly, I was too busy fighting for the future of my festival at City Hall today," he joked, but nobody really laughed.

Earlier that day, the Recreation and Park Commission Operations Committee voted to deny the jazz festival the right to sell beer and wine inside Washington Square Park. The decision followed a precedent the committee first set last month regarding the larger North Beach Festival (see "Last Call?" 5/3/06).

Alcohol sales provide the bulk of the funding for the free music, but commission president Gloria Bonilla suggested they explore other money sources and sponsorship.

"The idea that there can’t be successful events in the city without alcohol, I can’t buy into," Bonilla said at the meeting.

Unfortunately, the jazz festival isn’t solvent enough for such a firm policy and can’t afford to lose the source of 75 percent of its funding less than three months before the event.

"She wants us to pass the hat," Kowal said at the coalition meeting. "We did that last year and we got 78 bucks."

North Beach Jazz Festival is a big generator of fun and revenue for the city, but its organizers say they don’t make any money off the deal.

"It’s a labor of love," said Kowal, who is considering canceling the festival despite the signed contracts and purchased plane tickets for performers.

Twenty-seven individuals came to the hearing to speak in support of the festival, including Board of Supervisors president Aaron Peskin, who represents North Beach and has been critical of how the North Beach Festival beer gardens prevent underage people from entering the park.

The three-member committee encouraged the Jazz Festival promoters to pursue other options, like beer gardens on barricaded streets, but took a hard line on booze in the park.

"What I’m interested in is a consistent and fair application of the policy. We’ve said no alcohol. While I appreciate having Supervisor Peskin come speak to us today, I think we need to be consistent in this policy," Commissioner Meagan Levitan said at the hearing.

Rec and Park general manager Yomi Agunbiade and director of operations Dennis Kern have said "a growing public concern" caused them to recommend against the sale of alcohol for the two North Beach festivals.

"Rec and Park has a new general manager and a new director of operations who are very experienced but come here from other cities," Kowal said. "There’s some missing institutional knowledge. We are not Walnut Creek, we are not Chicago, we are not DC. We’re San Francisco, and we have our own unique culture."

On May 8, a select group from the coalition met with senior staff from the mayor’s office to express its growing concern over increased fees and decreased city services and to discuss the grave implications of Rec and Park’s recent decisions for other outdoor festivals in the city. After the meeting Kowal was optimistic and said the mayor and supervisors expressed support for the festivals, but he acknowledged, "We don’t live in a city where the mayor can say, ‘This is how it’s going to be.’ It’s going to come down to the commission again. If people want to see this festival survive, they have to come to City Hall on May 30."

That’s the date that the full Rec and Park Commission will decide whether to overrule the Operations Committee and allow booze back into the park during the two festivals. SFBG

Mirkarimi resolution takes on merger deal

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[Urging the U.S. Attorney General to consider the antitrust implications of the proposed acquisition of Knight Ridder Inc. by the McClatchy Company]

Resolution urging the U.S. Attorney General to consider the antitrust implications of the proposed acquisition of Knight Ridder Inc. by the McClatchy Company

WHEREAS, On March 13, 2006 the McClatchy Company agreed to a deal to purchase Knight Ridder Inc., the second-largest newspaper company in the United States; and
WHEREAS, The McClatchy Company has announced plans to sell twelve of the Knight Ridder newspapers, resulting in the MediaNews Group gaining ownership or control of three major Bay Area newspapers: the San Jose Mercury News, the Contra Costa Times, and the Monterey County Herald, and twenty-nine other Bay Area community newspapers; and,
WHEREAS, The thirty-two newspapers that MediaNews Group would gain control of have a total daily circulation of 524,210; and,
WHEREAS, MediaNews Group would gain ownership or control over every major daily in the San Francisco Bay Area except for the San Francisco Chronicle; and,
WHEREAS, The owner of the San Francisco Chronicle-the Hearst Cooperation-is partnering with MediaNews Group in this acquisition; and,
WHEREAS, The acquisition of the Knight Ridder newspapers was apparently not opened to all qualified bidders; and,
WHEREAS, Such a consolidation of media ownership could deprive Bay Area readers of the quality and depth of news coverage that more varied ownership offers; and,
WHEREAS, The MediaNews Group’s proposed acquisitions could also hurt advertisers by a diminution of print and Internet media outlets and a likely increase in advertising rates that a single owner in the market could demand; now, therefore, be it
RESOLved, That the Board of Supervisors of the City and County of San Francisco urges the United States Attorney General and the California Attorney General to carefully consider the antitrust implications of the proposed acquisition of Knight Ridder Inc. by the McClatchy Company, and the McClatchy Company’s proposed resale of thirty-two Knight Ridder newspapers to the MediaNews Group.

How to fight Singleton’s monopoly

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EDITORIAL Six members of Congress wrote to the Bush administration last week urging a full Justice Department review of the pending deal that will give one company the Denver-based MediaNews Group control over virtually every daily newspaper in the Bay Area. The letter is a signal that federal regulators may be unable to simply duck this merger but it will take a lot more pressure to block it.

As we reported last week, MediaNews, run by Dean Singleton, is planning to take over the San Jose Mercury News, the Contra Costa Times, the Monterey Herald, and the St. Paul Pioneer Press. That would mean every big central Bay Area daily except the San Francisco Chronicle would be owned by one company. And to make it worse, Hearst the New York Citybased owner of the Chron has signed on with MediaNews as part of the deal: Hearst will buy the Monterey and St. Paul papers, then immediately trade them to MediaNews in exchange for stock in some other MediaNews ventures.

The implications are staggering. The deal sets the scene for an unprecedented level of local media consolidation and could lead to a scenario in which all the business, advertising, and even editorial functions of almost every Bay Area daily would be run out of one central office.

Reps. Zoe Lofgren, George Miller, Anna Eshoo, Ellen Tauscher, Barbara Lee, and Mike Honda wrote: "We are concerned that this transfer could diminish the quality and depth of news coverage in a Bay Area of more than 9 million people." That’s a good concern: Singleton, known as "lean Dean," is known for ruthless cost-cutting and is likely to reduce news staffing at all of the papers to save money. He’s also likely to take advantage of a virtual monopoly on daily print to jack up advertising rates, hurting businesses and consumers.

The letter quotes Reps. Mark Kennedy and Jim Oberstar of Minnesota as noting: "A monopoly in the newspaper industry is certainly no less dangerous, and is perhaps more so, than in any other American industry." Which is exactly the point: When control of something as essential as civic information is in the hands of too few people, it’s a direct threat to democracy.

It’s clear that the Internet has made daily newspapers less powerful and less essential. But in the Bay Area (and in most of the country) there’s simply no Web alternative that can do the work of a daily paper. Real watchdog journalism requires a staff reporters to go to meetings, to challenge politicians, to stay on top of City Hall and so far, nobody’s found a financial model that allows that to happen purely online.

So the threat of one single entity controlling news and information to such a huge extent ought to be a major issue across the state, particularly in the area where MediaNews has most of its holdings. We’re glad that some members of Congress are pressuring the White House, but we don’t really expect Bush’s Justice Department to mount a full-court press on this one. That effort is going to have to come from the state and from local government.

We’ve asked both Democratic candidates for governor about the issue, and both at least showed some interest. Phil Angelides didn’t seem to know much about it until we clued him in, but he said he was "concerned." He needs to do better: A strong statement opposing the deal would be a good start. Steve Westly is friendly with the Newspaper Guild folks in San Jose and has supported their efforts, but he has also stopped short of a blanket statement that the merger must be derailed. And neither the current attorney general, Bill Lockyer, nor either of the major contenders for the job (Jerry Brown and Rocky Delgadillo) has said much of anything.

However, state senator Carole Migden expressed some interest in holding hearings in Sacramento, and that ought to happen immediately. Lockyer should be asked to explain what he’s doing to stop the deal and the publishers should be asked to reveal the details of the merger and their future plans (see "A Few Questions for the Publishers," page 7).

Every city in the Bay Area should take this on too, starting with the San Francisco Board of Supervisors, which should hold hearings and pass a resolution demanding that Lockyer block the deal.

Only serious grassroots opposition can prevent this monster of a media monopoly. There’s no time to waste. SFBG

PS Where were Reps. Nancy Pelosi and Tom Lantos on the congressional letter? We’ve left word with their offices, but haven’t heard back as to why they didn’t sign it.

The veto question

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› steve@sfbg.com

There are bigger issues facing San Francisco than whether to close off part of Golden Gate Park to cars on Saturdays. But as political dilemmas go, Mayor Gavin Newsom’s impending choice of whether to sign or veto the Healthy Saturdays initiative presents him with a difficult call on a matter of great symbolic importance.

Newsom hasn’t taken a position yet, and City Hall sources say he’s actively trying to find a compromise position something that will most likely involve strict and quantifiable monitoring standards during the six-month study period, or perhaps a request that the closure be moved to the west side of the park, which supporters of the measure have resisted.

If possible, Newsom would like to avoid vetoing a measure beloved by environmentalists, bicyclists, and recreational park users. Newsom’s only other four vetoes have also shot down legislation prized by progressives: three rejected measures aimed at helping renters and preserving apartments, and one killed an ordinance limiting how much parking can be built along with downtown housing units.

But the clock is running on a JFK Drive closure slated to begin May 25, and Newsom is unlikely to please everyone, given the polarization and strong visceral reactions to the issue. The debate has so far played out as a class conflict, albeit one that has both sides flinging the epithet of "elitism" at each other.

The opposition campaign waged by representatives of the park’s cultural institutions (including many prominent and wealthy political donors) and some park neighbors say closure supporters are trying to shut others out from the park, hurt the museums, and deny the will of voters. Supporters say this about making a portion of the city’s premier park safe and inviting on weekends, rather than allowing it to be used as a busy thoroughfare and parking lot.

The rhetoric on both sides has often been heated, but supporters have for the most part stuck to the facts, while the opposition campaign has been marred by misrepresentations (see "Dede Wilsey’s Whoppers," 4/19/06).

Some of the inaccurate statements most notably that voters have repeatedly rejected closure have taken on the air of truth as they were repeated by mayoral staffers, Sups. Fiona Ma and Bevan Dufty, and in two overheated columns by the San Francisco Examiner‘s Ken Garcia that were riddled with inaccuracies and unsupported statements. (Garcia did not answer an e-mail from the Guardian seeking comment on his distortions.)

During the Board of Supervisors’ April 25 hearing on the matter, the main question was whether a measure that already had six cosponsors would garner the eight votes that would be needed to override a mayoral veto.

"On two different occasions, voters rejected Saturday closure," was how Supervisor Ma explained her opposition, reading from a prepared statement. Supervisor Dufty, who voted no, also said he was swayed by the election argument: "This has come before the voters, and that’s what I’d like to see happen [again]."

Actually, the question was put before voters just once, in November 2000. Just over 45 percent of voters wanted immediate Saturday closure (Measure F), while about 37 percent of voters approved of a rival measure sponsored by museum patrons (Measure G) that would have postponed closure until after the garage was completed.

Several supervisors assailed the election argument that Garcia had circulated so vociferously, including one Healthy Saturdays opponent, Sup. Sean Elsbernd, who said neither the voter argument nor the argument that the de Young Museum would be hurt were valid.

Instead, Elsbernd said he was swayed by the concerns of park neighbors that the existing Sunday closure creates traffic problems in their neighborhoods. So he proposes that the Saturday closure happen on the west side of the park, rather than the east.

"Why can’t we spread out these impacts?" Elsbernd said. "It’s a simple compromise that will alleviate a lot of concerns."

Supporters of the closure have resisted that proposal, arguing that the eastern portion has most of the commercial vendors, the flattest and best-quality roads for kids just learning to ride bikes, the warmest weather, and is best served by the new 800-spot parking garage, which hasn’t ever been full since it opened earlier this year.

And at this point, starting over with an alternative proposal would greatly delay the closure and ensure that the trial period doesn’t generate a full summer’s worth of data.

"The time is right. We have the garage open, and it’s accessible," said Sup. Jake McGoldrick, who sponsored Healthy Saturdays after opposing it two years ago on the grounds that the garage wasn’t yet open. He and other supporters later told us that they’re open to considering any monitoring standards that Newsom may propose.

In the end, the measure was approved on a 74 vote, with Sup. Michela Alioto-Pier (who didn’t speak about her reasons) joining Ma, Dufty, and Elsbernd in opposition.

"The table is set for the possibility that the mayor will veto this legislation," Sup. Gerardo Sandoval said at the hearing.

Afterward, Newsom spokesperson Peter Ragone said the mayor would make a decision on whether to veto in the next week or so. In the meantime, Ragone told reporters: "The mayor is going to continue to work with both sides on the issue to maintain a dialogue with the hope that we can reach a place where the right thing can be done."  SFBG

Last call?

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› news@sfbg.com

Concerns about public drinking in North Beach and stifled public debate are conspiring to cripple a pair of popular outdoor festivals, possibly creating a troubling precedent for other events at the start of San Francisco’s festival and street fair season.

"We’ll have to cancel this year’s festival," Robbie Kowal, who runs the North Beach Jazz Festival, said of the possibility of not getting his alcohol permit. "Seventy-five percent of our funding comes from the sale of alcohol."

The Recreation and Park Commission’s Operations Committee is set to review the jazz festival’s permit May 3, and if sentiments among the three mayor-appointed commissioners haven’t changed, they might not allow Kowal and his partners, John Miles and Alistair Monroe, to set up bars and serve drinks to local jazz fans in Washington Square Park, as they’ve been doing without challenge for the past 12 years.

"We’ve never even had a hearing to get a permit before," Kowal said. "We’ve had no arrests and no [California Department of Alcoholic Beverage Control] violations. We’re being punished when we haven’t done anything wrong. We’re caught up in this whole North Beach Festival situation."

Kowal was referring to a dispute involving the neighborhood’s other popular street fair, the North Beach Festival, a 52-year street fair that had its permission to sell alcohol in the park yanked this year. The festival is hosted by the North Beach Chamber of Commerce, whose director, Marsha Garland, is a political adversary of the area’s supervisor, Board of Supervisors president Aaron Peskin.

The problem started when parks general manager Yomi Agunbiade determined that a long-standing ban on alcohol in city parks should also apply during festivals. Two out of three members of the Rec and Park Commission’s Operations Committee agreed with that ruling during an April 5 meeting, and it became official policy.

Then, as the North Beach Festival permit went to the full commission for approval April 20, the words "permission to serve beer and wine" disappeared from the agenda item. Those words had appeared on an earlier version of the agenda, allowing the commission to grant what Garland had received with every permit for the last 20 years. The agenda change meant the commission couldn’t even discuss the alcohol issue, let allow issue a permit that allowed it.

Commissioner Jim Lazarus questioned a representative of the City Attorney’s Office about it and was told that the full commission couldn’t hear the policy if the general manager and Operations Committee were in agreement.

"I was taken aback by the fact that the full request of the applicant to serve beer and wine was not on the calendar," Lazarus told us. "I’ve been on the commission for three and a half years, and I’ve never seen that happen before for this kind of issue."

This story is still unfolding, but observers are openly wondering whether this is an isolated case of political sabotage or whether this battle over beer could hurt the summer festival season.

Wine and beer sales have always played a critical role in the financial viability of many of the city’s summer festivals. In a city that’s never been afraid of a liberal pour, many are beginning to wonder if the good times are over, and if so, why?

"The Rec and Park meeting was so disheartening, and if it’s used as a precedent in any way, it will harm other events. If the oldest street fair in this city can be chipped away at like that, who’s next?" said Lindsey Jones, executive director of SF Pride, the largest LGBT festival in the country.

Some North Beach residents think this Rec and Park procedural shell game is punishment for Garland and her organization’s opposition to Peskin, whom they blame for the change.

"Aaron Peskin would like to take Marsha Garland’s livelihood away," said Richard Hanlin, a landlord and 30-year resident of North Beach who filed a complaint over the incident with the Ethics Commission.

"They want to railroad Marsha," said Lynn Jefferson, president of the civic group North Beach Neighbors. "They want to see her out of business. If she doesn’t have those alcohol sales, she’ll personally go bankrupt."

At the heart of the Garland-Peskin beef is a 2003 battle over a lot at 701 Lombard St. known as "the Triangle," which the owner wanted to develop but which the Telegraph Hill Dwellers wanted for a park after they found a deed restriction indicating it should be considered for open space. Peskin agreed with the group he once led and had the city seize the land by eminent domain, drawing the wrath of Garland and others who saw it as an abuse of government power.

Peskin told the Guardian that it’s true he doesn’t care for Garland, but that he did nothing improper to influence the commission’s decision or agenda. However, he added that he’s made no secret of his opposition to fencing off much of the park to create a beer garden and that he’s made that point to Rec and Park every year since the festival’s beer garden started taking over the park in 2003.

“Just let the people use Washington Square Park. It’s the commons of North Beach,” Peskin said. “The park should be open to people of all ages 365 days a year. That’s just how I feel.”

Yet Peskin said that neither the North Beach Jazz Festival, which doesn’t segregate people by age, nor festivals that use less neighborhood-centered parks, like the Civic Center and Golden Gate Park, should be held to the same standard. In fact, he plans to speak out in favor of the jazz festival’s right to sell alcohol during the May 3 meeting.

Access became the buzzword this year, in response to last year’s decision by the San Francisco Police Department to gate two-thirds of the park off as a beer garden, effectively prohibiting many underage festivalgoers from actually entering a large part of the park. The section near the playground remained ungated, but many families were disillusioned by the penning of the party.

Enter the North Beach Merchants Association, a two-year-old rival of the Chamber of Commerce with stated concerns about booze. President Anthony Gantner learned that the park code banned alcohol from being served in any of the parks listed in Section 4.10, which includes Washington Square as well as nearly every other greenway in the city, unless by permission of the Recreation and Park Commission, which should only be granted as long as it "does not interfere with the public’s use and enjoyment of the park."

Gantner and Peskin both argue that the beer garden does interfere with the right of those under 21 to use the park. "The Chamber is basically doing a fair, and that’s it," Gantner said. "A lot of its members are bars, and they run a very large fair with beer gardens that result in incidents on the streets for merchants."

Though Garland contends that the festival is an economic stimulator, resulting in an 80 percent increase in sales for local businesses, Gantner claims that a number of businesses don’t benefit from the increased foot traffic. He associates alcohol with the congruent crime issues that crop up when the clubs let out on Broadway, and thinks that selling beer and wine in the park only accelerates problems in the streets after the festival ends at 6 p.m.

Gantner has the ear of local police, who are understaffed by 20 percent and looking for any way to lower costs by deploying fewer cops. "It used to be we could police these events with full staff and overtime, but now we’re trying to police them with less resources, and the events themselves are growing," Central Station Capt. James Dudley said.

He’s also concerned about the party after the party. The police average five alcohol-related arrests on a typical Friday night in North Beach, most after the bars close. But those numbers don’t change much during festival weekend, leading many to question the logic behind banning sales of alcohol in the park. Besides, if sales were banned, many festivalgoers would simply sneak it in. Even one police officer, who didn’t want to be named, told us, "If I went to sit in that park to listen to music and couldn’t buy beer, I’d probably try pretty hard to sneak some in."

At the April 20 Rec and Park meeting, Garland presented alternative solutions and site plans for selling beer and wine, which represents $66,000 worth of income the festival can’t afford to lose. Beyond her openness to negotiations, Rec and Park heard overwhelming support for the festival in the form of petitions and comments from 30 neighbors and business owners who spoke during the general public comment portion of the meeting.

Father John Malloy of the Saints Peter and Paul Church, which is adjacent to the park, spoke in support of Garland’s request. "I think I have the most weddings and the most funerals in the city," he said. "I’m praying that we don’t have a funeral for the North Beach Festival. If anyone should be against alcohol, it should be the priest of a church."

So who are the teetotalers? Testimony included 10 complaints from members of the Telegraph Hill Dwellers, Friends of Washington Square, and the North Beach Merchants Association, as well as Gantner and neighborhood activist Mark Bruno, who came down from Peskin’s office, where he was watching the hearing, to testify.

Commissioner Megan Levitan said, "If anyone knows me, they know I like my wine," before going on to explain that she was born in North Beach and even used to serve beer at O’Reilly’s Beer and Oyster Festival. However, she said, she’s a mother now, and parks are important to her.

"It does change a park when alcohol is there," she said. "I do not believe we should serve alcohol in the park."

Will that still be her stance May 3 when the North Beach Jazz Festival requests its permit? The jazz fest has never had beer gardens, and the organizers don’t want them. Instead, they set up minibars throughout the park, which remains ungated, allowing complete access for all ages.

Although there is hired security and local police on hand, by and large people are responsible for themselves. The organizers say it’s just like going to a restaurant for a meal and a drink, except in this case it’s outside, with a stage and free live music.

Though Kowal remains optimistic, he’s rallying as much support as possible, even turning the May 3 meeting into an event itself on his Web site (www.sunsettickets.com). His partners, Monroe and Miles, were concerned enough to swing by City Hall to see Peskin, who agreed to testify and help the Jazz Festival retain the right to sell booze.

"The first person to write a check to start this festival was Mayor Willie Brown," Kowal said. "Peskin has always been a big supporter of the festival, which is why we think it will all work out."

The festival is a labor of love for the three organizers, who barely break even to put the event on; after expenses are covered, any additional profit from the sale of alcohol is donated to Conservation Value, a nonprofit organization that aids consumers in making smart purchases.

"We were the first fair to use Washington Square Park," Monroe, the founding father of the jazz festival, said. "We’re standing up for the right to access the park. It’s not about ‘he said, she said’ or who did what to whom. It’s about hearing free live music."

So now comes the moment when we find out whether this is about alcohol, parks, or simply politics, and whether future street fairs could feel the pinch of renewed temperance. If the jazz festival gets to sell booze, Garland’s supporters argue, that will represent a bias against the North Beach Festival.

The commission will hear Garland’s appeal at the end of May, just two weeks before the festival begins. With contracts already signed and schedules set, the stakes are high. Owing to lack of funds, Garland has already canceled the poetry, street chalk art, and family circus components of the fair. She did receive an e-mail from Levitan promising a personal donation to put toward the street chalk art competition. Even so, she’s preparing for a funeral.

And if alcohol is prohibited at the jazz festival, it could send out a ripple of concern among street fair promoters and lovers around the city. To be a part of the decision, stop by the meeting and have a say. SFBG

PS This weekend’s How Weird Street Faire, on May 7, centered at Howard and 12th Streets, will have beer gardens in addition to seven stages of music and performances. But organizers warn that it could be the last festival because the SFPD is now demanding $14,000, a 275 percent increase from the police fees organizers paid last year.

operations committee hearing

May 3, 2 p.m.

City Hall, Room 416

1 Dr. Carlton B. Goodlett Place, SF

(415) 831-2750

www.sfgov.org

20 questions for Fiona Ma

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Sup. Fiona Ma, who is running for state Assembly, last week decided to skip an endorsement interview that she scheduled with the Guardian – making herself unavailable to answer questions important to Guardian readers – so we’ve decided to put some of our questions out the publicly.

We encourage voters to press her for answers before the June primary, and if you have any luck, please let us know by e-mailing City Editor Steven T. Jones at steve@sfbg.com.

1.   What kind of health care system do you support for California? Ma’s opponent, Janet Reilly, has made single-payer health care her top campaign priority and issued a detailed plan for what that would entail. Health care is one of just five issues that Ma discusses on her website (the others being Housing, Education, Budget/Jobs, and Transportation), vaguely indicating she support universal coverage and stating, “I support state measures to provide incentives for business owners to cover their workers and other such efforts, but we need the political will on the national level to be successful.”  The first part sounds as if she’s advocating tax breaks to businesses that offer private insurance health plans to their employees. The caveat at the end sounds like she doesn’t intend to do much of anything until the feds do. But then, during the only debate that she’d agreed to have with Reilly, Ma said that she support a single-payer health care system, without offering any other details. This is arguably the most important issue the Legislature will face in the next few years and we have a right to know whose side Ma would be on.

2.   What will you do to protect renters and rental units in San Francisco? Again, it was the sole debate and its aftermath that yielded much confusion about where Ma stands regarding renters. She has made no secret of her strong support for increasing homeownership opportunities and her record is one of opposing local efforts to slow the number of Ellis Act evictions. But at the debate, she went further by declaring, “The Ellis Act is sometimes the only way for some people to become homeowners and I support it.” After being criticized for the statement, she defended herself in a piece on BeyondChron.org that only seemed to dig a deeper hole, arguing that she supports “ownership units [that] are affordable to San Franciscans of all income levels.” And how exactly is that going to happen?

3. What’s up with the $20 million?    In that same Beyondchron.org column, to defend her bad record on renters, Ma cited an effort that she made earlier this month to amend the city’s $20 million housing subsidy program to prioritize those who have been evicted under the Ellis Act. City officials said it would have had little practical effect and the gesture seemed to contradict you statements of support for Ellis Act evictions. Why should we see this as anything but a crass political deception?

4.      Why have you been unwilling to provide details about your policy positions even on the five issues you raised on your website – so voters would know how you intend to vote?

5.      How do you intend to increase revenues coming into the state, which you will need for even the broad goals you cited in education, transportation, and business “incentives”? We’re particularly interested in this answer after watching Ma chair the city’s Revenue Advisory Panel two years ago. That body was charged by the mayor’s office with recommending new revenue sources, and ended up recommending none.

6. Are you just a pawn of downtown business?At luncheon speeches that she gave to SFSOS and the San Francisco Chamber of Commerce over the last couple years, Ma you blasted and belittled her colleagues on the board while fawning over the business community. What is she willing to do to show her independence from downtown?

7.      Why do most of your colleagues on the Board of Supervisors support Janet Reilly —  and why shouldn’t voters see that as an indictment of your tenure as a supervisor?

8.      Is there anything new that you would require of the business community, such as improved labor or environmental standards, greater corporate accountability and transparency, regulation of greenhouse gas emissions, health care benefits for employees or their same sex partners?

9.      Your record is one of consistent opposition to requiring developers to pay more or offer more public benefits, such as open space or affordable housing. Why shouldn’t rich developers making obscene profits pay a little more? Has your position been influenced by the financial support of people like Oz Erickson, Joe Cassidy, Warren Hellman, Don Fisher, and Bob McCarthy?

10.     Why did you oppose legislation that would have limited the number of parking spaces that could be built in conjunction with the nearly 10,000 housing units slated for the downtown core, legislation that Planning Director Dean Macris called critical to good planning? Did your support from the downtown developers who opposed it have anything to do with your position?

11.     You supported a deal that extended Comcast’s cable contract without requiring any new public programming requirements, even though other comparable cities have better plans. Do you think that’s why Comcast is supporting your campaign?

12.     You’ve been a big advocate of tax breaks for corporations, including the biotech and film industries in San Francisco. How would you make up for these lost revenues and are you concerned that having cities compete with tax breaks creates a race to the bottom that starve public coffers? And on the biotech tax credit, given that such companies often lose money for years before reaping high windfall profits, how would be insure those companies eventually pay taxes to the city rather than just moving somewhere where they won’t be taxed?

13.     You were a longtime supporter of Julie Lee, continuing to support her even after it was revealed that she illegally laundered public funds into political campaigns. Why, and do you continue to support her?

14.     In a recent letter to supporters, you warned that Janet Reilly was trying to buy the campaign so people needed to give more. At the time, she had raised about $600,000 to your $700,000. How do you justify what appears to be a deceptive statement to your own supporters?

15.     We understand you support the death penalty, but many studies have shown that those on death row have been represented by inexperienced and ineffective lawyers, that they are disproportionately poor and minorities, and that based on detailed studies conducted in other states, it is likely that at least a few are not guilty of their crimes. Given all of that, are there any reforms that you’d like to see in how executions are carried out?
16.     In the debate, you said that the state is not required to balance its budget and that the federal government may simply print money to cover its budget deficits. Would you like to clarify or amend either statement?

 17.     What is your position on drug prohibition? Are there any current illegal drugs that you would decriminalize or are there any other changes you would make to the war on drugs?

18.    
The statement you issued on your website dealing with “Transportation” – one of just five issues you addressed – is only 48 words long. Is there anything that you’d like to add? And are there any other issues facing the state that you think are important?

19.    
  The Reilly campaign has warned of a possibly illegal effort to attack her by a group called “Leaders for an Effective Government,” using money laundered by Comcast and your old boss, John Burton. Are you aware of this effort and have you taken any steps to stop or repudiate it?

20. Why do you think it’s okay to avoid tough questions from the press?

Read James Chaffee’s response

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Contact: James Chaffee 584-8999 

SaveOurLibraries.com / savebooks@pacbell.net

Being Vexatious Down At the Public Library Is a Virtue

Open Letter to the SF Bay Guardian

The one thing that history has taught us is that if there is going to be responsible democratic government, there better be process, openness, access and respect beforehand, because there will never be accountability afterward. 

I use to think that there would be accountability, yet the forces of privatization have sucked our public library dry like any parasite, and everyone knows it.  Yet corporate philanthropy acts as if we are supposed to be grateful, and our city officials comply.

The San Francisco City Attorney has filed a motion to have me declared a vexatious litigant.  I confess that I am a bit shocked.  I never thought they would try it.  It is obvious that it is politically motivated and it needs to be addressed politically. 

There is no mistaking the source of this move.  There was a recent meeting of a committee of the Sunshine Task Force that had been called in the service of City departments reacting against document requests that were "annoying."  That was not the word, but something like that.  A representative of the City Attorney’s office, Matt Dorsey, stated that one of the City Attorney’s options was to seek redress in the court of public opinion.  Of course, it seems all too obvious to make an example of someone like myself who does not shrink from the term "Gadfly" but in fact embraces it.

According to the papers that were served with the motion for vexatious litigant, I have filed 20 lawsuits in my 31 year career as a Gadfly at the San Francisco Public Library.  When I started at the San Francisco Library Commission, there was no public attendance, no public comment, and I am sure the Library Commission never imagined there ever would be.  At that time the Library staff complained because the Library Commission had de facto meetings at the home of the director of the library’s private partner, at that time called the "Friends" now called the Friends and Foundation.  A prominent member of the Library staff solicited me to complain about violations of the Brown Act.  I had never heard of it at that time.  That was a long time ago.

At about the time that I started there was a Robert Redford movie called, "Three Days of the Condor."  It was about an historical society that was a front for the CIA.  I was a fly on the wall in those early Library Commission meetings, and that is what it was like.  No one cared about the library as a public institution.  They were going to suck it dry in the interests of private fund raising.  I was the first person to break through the barrier to attendance at Library Commission meeting and that first meeting was more challenging than any open meeting issue I have faced since.  Having done this, I felt it was my duty as a citizen to expose what I saw.

It is openly acknowledged at the Library that there would be no compliance with sunshine or open meetings laws without my lawsuits.  As a matter of fact, at the recent meetings of the Technology and Privacy Committee that was convened to pave the way for implementation of RFID, there was a proposal to use on-line conferencing software in an illegal way.  Commissioner Coulter made a joke that they had better not or they would get sued by me.  Some joke.  There is no respect for what is right, or what is legal, not to mention actual respect for the public.  The only thing that deters them from brazen violations of the law is getting sued.  The only thing that deters them from naked rip-off of the library is what little openness there is.

Yet after all of this time of being successful in creating some semblance of compliance with Sunshine and open meetings laws, if however grudging, their only response is to sue me as a vexatious litigant.  It is the opposite of the three  strikes law.  The concept is that after twenty strikes they want a get-out-of-jail free card.  One would think they would be ashamed that after this long string of illegalities, but they want to blame me for fixing it. 

This vexatious litigant motion is nothing but slander and intimidation in its purest form.  Labeling me as a vexatious litigant has no chance of success.  Such a motion is neither legal, lawful or even valid.  If any responsible authority in City Hall sees this missive, please be informed that the San Francisco City Attorney’s office is in desperate need of adult supervision.

One never knows what a judge is going to do, but even if I were to lose and end up being slandered as a vexatious litigant, it is a small price to pay.  There is a sense in which I lost the battle, but won the war.  There is public attendance at commission meetings, agenda items, public comment (no matter how much they laugh and rattle their M&M’s), and copies of documents under discussion (most of the time).  None of those things were implemented willingly.  The library Commission fought against them just as hard as I fought for them.  Most of the time it doesn’t matter much, but when the staff wants a City Librarian who has an MLS or the pre-school gets kicked out of Bernal Heights, there is a forum for people to speak and the Library Commission’s arbitrariness does not go down quite so easily. 

For those who believe that Coke is the Real Thing, Progress is Our Most Important Product, and Military Intelligence knows where the Weapons of Mass Destruction Are, they may also believe that corporate money in the library is "positive."  Everyone else has long ago acknowledged that I was right about the stream of lies that ruined our library and benefited private interests, and continues to do so.

The motion does not make sense without some discussion of the substance of the suits along the way.  The City Attorney in its memo uses the terms "meritless lawsuits over and over again," and "repetitive meritless lawsuits."  What the City Attorney does not mention is that three of those appeals resulted in published opinions.  When the Court of Appeal publishes an opinion, the court is saying that it is a significant point on which lower courts need guidance.  The published opinions went against me, but that is a result of the political climate not the significance of the issue.  

The law on vexatious litigants uses the term "adverse judgment."  Let’s take just one example.  The library refused to hold the required Library Preservation Fund neighborhood hearings on open hours in the branches.  I filed suit.  After the suit was filed, the Library Commission scheduled new hearings, and then claimed to the judge that the case was moot.  Is that an adverse judgment?  The city seems to think it is.  In fact, in the law there is something called a "prevailing party" standard.  Under that standard, if you get what you were originally asking for you are the prevailing party.  Under the "prevailing party" standard I have won the vast majority of the suits.

Let’s take another example.  One of the lawsuits was on a closed session.  The judge demanded to see the tape recording of the meeting "in camera."  The Library Commission claimed that they had "lost" the tape, unquestionably as a coverup.  The judge had no choice but to dismiss for lack of evidence.  Is that an adverse judgment?  The city seems to think it is.

Of course, there was the case that I won hands down.  At least two of the cases were about the Fuhrman Fund (See Bay Guardian of Dec. 22, 1993) where they had to get the law and the will changed to retroactively indemnify themselves.  Quentin Kopp got involved and there was a major public discussion public trusts.  (Don’t forget the Director of the Friends and Foundation was the same person who had attempted to divert the Buck Trust in Marin County.  Marin County was successful in protecting itself, but San Francisco failed.)  How meritless was that?

I could go on like this at some length, but the point is, these were all crucial issues and now I am defending myself against this superficial and malicious SLAPP.

I am grateful for the Bay Guardian’s support, but I think it makes one small faux pas.  The editorial refers to some of my lawsuits as "a little obscure."  All of the suits were about distinct and important points.  I never sued over anything that I didn’t consider both significant and a deliberate violation on the part of the Library Commission.  The Library Commission does not negotiate or compromise.  When I began the door was completely slammed in my face.  I started by establishing a beachhead and advancing openness point by point.  Myself, Kimo Crossman, Christian Holmer, Timothy Gillespie, Doug Comstock and so many others — including Bruce Brugmann — have been fighting for sunshine and open government against a door that has been slammed in our face by those who think that because of their money they are aristocrats or "good people."  There was nothing obscure about it.

The reason that this is so prejudicial is that I am in fact in "pro per" and people make certain assumptions about that.  What no one wants to admit is that the City Attorney is what is called "Rambo litigators from Hell."  Until one have been through at least a dozen lawsuits against them, one is helpless against the dirty tricks that one is up against.  Just as an indication, there are court rules that every case must have a settlement conference and a mediation.  In my entire history, I have never had either.  They never negotiate.  They never discuss.  They don’t have to.  If there were any truth in the matter, the City Attorney would be declared "vexatious."

The fact is that democracy exists because public-spirited citizens fight for it.  The better question is, Why did the Library Commission fight against it at every turn?   It is important to look at the broad perspective of who is, and has been, fighting for the democratic principles of openness and public process.  The fact is, Kimo Crossman and I, as well as others, have been fighting for democratic principles that are important to everyone and it is a good thing that we do, no matter how often we lose.

For those who saw my public comment at the Board of Supervisors meeting of April 11, you saw 35 newspaper headlines exposing problems in SFPL while I mentioned everything from the book dumping scandal to the retribution against staff whistleblower scandal, and many in between.  Would the City and the society as a whole be better off if none of that were exposed?  Of course, the library administration did not willingly allow the sunshine that brought those issues to light.  One of the weapons that they use most relentlessly against openness is personal calumny against those who would uncover the truth.  I have been called a lot worse things than vexatious litigant.  Every gain for democracy comes at the expense of the aristocracy’s prerogatives.  They don’t like it, but that is the way it works.

In the end it wasn’t about the Brown Act.  Figuratively speaking, I was smuggling wheelbarrows. It was about establishing a beachhead for democracy so that there would be public discussion about the issues of the privatization and destruction of the public library.  It is true that some of the Brown Act lawsuits were about relatively small points, but it began with brazen and open contempt for sunshine and ended up with more of the truth coming out than anyone thought possible.

The next step is putting Library Commission meetings on SFGTV.  How many departments with a $70 Million annual budget are not broadcast on cable access or available on Video on Demand?  The one thing that will make it difficult for the Library Commission to privatize the Public Library is to allow the people to see what is going on.  That is where "sunshine" comes from.  "Sunshine is the best disinfectant."

The right housing fees

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EDITORIAL The San Francisco Chronicle has finally noticed what we reported a month ago: The Board of Supervisors has effectively put in place a moratorium on new market-rate housing on the east side of the city. We hear that city planners are looking for loopholes to undermine the temporary ban, but the intent of what the supervisors did is clear: Until there’s a detailed and valid review of how new high-end condos and lofts impact blue-collar jobs and low-income housing, the developers will have to let their demolition and excavation equipment idle.

Meanwhile, Sup. Chris Daly is moving to increase significantly the amount of low-cost housing that private developers have to build to win permission for future projects. Daly’s legislation is a good start and sets the right tone for the debate, but the board should go even further.

The Daly plan would apply to almost all new market-rate housing built anywhere in the city and would take effect whenever the moratorium ends. It would require most developers to offer 15 percent of the units of any project for less than market rates, and that number would jump to 25 percent if the affordable housing was built on another site. In other words, a builder who wants to put up 500 luxury condos in SoMa would have to build 125 affordable units somewhere else in the city.

That’s nice, but it’s not enough.

The city’s own general plan makes it clear that 72 percent of all new housing needs to be affordable to moderate- and low-income people. And the planning process for the eastern neighborhoods has still offered no proposals for how to make that happen.

At the same time, of course, the plans to intensely develop an area poorly served by transit and generally bereft of public infrastructure and open space utterly ignore the fact that it will cost hundreds of millions of dollars to create real neighborhoods (instead of clusters of heavily fortified, gated buildings).

Daly’s got the right idea: Developers are making a fortune building million-dollar condos in San Francisco, and they can well afford to give the city a whole lot back. But it’s worth taking a longer approach here and considering the price of bringing as many as 100,000 more people to SoMa, Potrero Hill, Dogpatch, the central waterfront, and BayviewHunters Point and figure out who is going to pay for it.

Daly could start by asking for a detailed independent study of what it really costs a developer to build new condo units in the city and what the current profit margins are. Then take the city’s affordable-housing needs, the need for public-sector development, and the estimated new tax revenue and compare: Can fair taxes and requirements on the developers raise enough money to meet the city’s needs?

And, if not, we get back to the question this paper has been asking for over a year: Why are we building any new market-rate housing, anyway? SFBG

 

Dede Wilsey’s whoppers

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An aggressive and misleading campaign against Saturday road closures in Golden Gate Park by the Corporation of the Fine Arts Museums spearheaded by its board president, Dede Wilsey appears to be backfiring as the proposal heads for almost certain approval by the Board of Supervisors.

Yet the Healthy Saturdays proposal by Sup. Jake McGoldrick which would close from May 25 to Nov. 25 the same portion of JFK Drive now closed on Sundays, a six-month trial period to study its impacts still needs the signature of Mayor Gavin Newsom, who has not yet taken a position.

And there are rumblings that even if the measure is approved either with Newsom’s signature or an override of his veto Wilsey and her supporters intend to attempt a referendum that would effectively kill the project if they can gather 20,000-plus valid signatures within 30 days. City law requires the targets of referendums to be placed on hold until the vote, which would occur this November.

The proposal got its first hearing April 14, when the Land Use Committee unanimously recommended it be approved by the full board (which will consider the matter April 25). The long and emotional hearing showed sharp divisions between the environmentalists and recreational park users who support closure and the de Young Museum benefactors and park neighbors who oppose it.

It also unmasked the deceptive tactics being employed by Wilsey and museum director John D. Buchanan, who coauthored an April 7 letter to de Young Museum members and April 4 memos to museum trustees and staff urging opposition to Healthy Saturdays and implying the museum’s survival was at stake.

"Closure of JFK Drive on Saturday has twice been voted down by the electorate and has been shown to be unpopular in polls for the last decade. While Sunday closure is a reality, road closures severely compromise access to the museum, particularly for seniors, families, persons with disabilities, and anyone who cannot afford the cost of the parking garage," they wrote. This information was parroted by many who argued against the closure.

Yet the letters were grossly misleading and at least 16 museum members wrote angry letters to the museum protesting the Wilsey-Buchanan position. The Guardian obtained the letters through a Sunshine Ordinance request. One writer called the museum campaign "self-serving and deceptive," while another wrote: "I take issue with undertaking a letter campaign using my donations."

Contrary to what the April 7 letter implies, people with disabilities are allowed to drive on the closed roads, and McGoldrick has now incorporated into the measure all recommendations of the Mayor’s Office of Disability. The letter also never indicates that the closure is temporary, that free parking is available a short walk from the museum, or that the public voted on the proposal just once, albeit on two competing measures that were each narrowly defeated, in November 2000.

At that time, with polls showing public support for the Saturday closure proposed in Measure F, museum patrons tried to scuttle the closure by qualifying a competing Measure G, which would have delayed the Saturday closure until after completion of the parking garage. In the ballot pamphlet, Wilsey, the California Academy of Sciences, and other opponents of Measure F wrote arguments for the ballot handbook promising to support Saturday closure once the garage was completed, as it was last summer.

"The Academy supports the closure of JFK Drive on Saturdays once the efforts of Saturday closure have been studied, alternative transportation measures are in place, and the voter-approved, privately funded parking facility is built under the Music Concourse," one statement read.

At the hearing, McGoldrick asked Wilsey why she is reneging on her promise. Wilsey said that she wrote her statement in 1998 while her husband and dog were still alive, before she had raised $202 million for the museum renovation, and back when "we were not in a war against terrorism. Almost nothing that was true in 1998 is true today."

Wilsey did not respond to our request to clarify her response or explain other aspects of what appears to be a calculated campaign of misinformation. For example, she and other museum spokespeople have been saying publicly that museum attendance on Saturdays is far higher than on Sundays because of the road closure.

When we spoke with museum spokesperson Barbara Traisman, she said the de Young receives 15 to 20 percent more visitors on Saturdays than on Sundays. Yet she refused our request to provide the attendance data to support her statement just as museum officials have ignored requests by McGoldrick for that data for the last three weeks telling us: "That’s too onerous to ask someone to do that."

So on April 13, the Guardian made an immediate disclosure request for those records under the Sunshine Ordinance. The next day, just as the hearing was getting under way, Wilsey turned those records over to McGoldrick.

The documents showed that on 10 of the 23 weekends that the de Young has been open, attendance on Sundays was actually higher than on Saturdays. By the end of the hearing, even committee chair Sup. Sophie Maxwell who had voiced concerns about Saturday closure and was not considered a supporter voted for Healthy Saturdays, joining the board’s progressive majority of six that has already signed on as cosponsors. SFBG

 

Real tolerance

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OPINION On March 24, 2006, the Board of Supervisors voted unanimously to pass a resolution opposing the message that a group called Battle Cry for a Generation was set to deliver the following Friday on the front steps of City Hall. The appearance of Ron Luce’s teen program at the site had nothing to do with the group’s apparent reason for being in the city, which was to promote Christianity amid smoke machines and rock bands at SBC Park. Luce decided to rally on the steps of City Hall specifically because gay marriages had been performed there two years earlier.

The intent to somehow purify the steps with prayerful teens, the quick response by citizens of San Francisco, and the meaning of that entire encounter was lost completely as local journalists and former politicians rushed to smear the Board of Supervisors with labels like "clueless" and "intolerant."

In doing so, John Diaz at the San Francisco Chronicle and Joanna Thigpen at the San Francisco Sentinel both missed an opportunity to summarize for their readers the meaning behind the meeting of two groups. Instead, both city leaders and organizers of the counterprotest were admonished for their lack of tolerance.

For those in need of a working definition of tolerance, the American Heritage College Dictionary offers the following: "The capacity for or the practice of recognizing and respecting the beliefs or practices of others." The key word within that sentence is recognize, which is hard to do if all you do when the Christian right comes to town is stay home and fume. Engagement (another version of recognition) is also a value, one that walks hand in hand with tolerance as the citizens of this fair city go forward in search of bigger and better expressions of human and civil rights. Showing up and shouting back don’t indicate intolerance. And staying away doesn’t display tolerance, just benumbed passivity.

Curiously, the charge was made that by issuing resolutions and press statements, both Sup. Tom Ammiano and Assemblymember Mark Leno were attempting to stifle Battle Cry’s right to free speech. Supervisor Ammiano’s office, which was the primary sponsor of the resolution, was contacted by neither the Chronicle nor the Sentinel. What he would have pointed out was that no one in city government made any attempt to silence anyone. The resolution was simply the progressive community’s proverbial two cents thrown into a debate Battle Cry started when the group assembled on City Hall’s steps. No public official ever came close to opposing Battle Cry’s right to frankly indict both queers and women who have chosen abortion or who support its legality.

Civic engagement like the sort displayed by Ammiano and Leno is what makes this city a haven for those who could not get tolerance for themselves, on their own terms, elsewhere. Far from impeding the right of Battle Cry to spread a message of hate disguised as love, we are forwarding the rights of speech to those whose voices are still being suppressed by fear and hate disguised as Christian love and tolerance.

Elizabeth Creely
Elizabeth Creely works with the Bay Area Coalition for Our Reproductive Rights.

The condo war continues

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EDITORIAL The San Francisco Planning Department is having a little trouble dealing with the fact that for the moment no more condo developers can build high-priced units in the eastern neighborhoods. In the wake of a Board of Supervisors decision demanding an extensive environmental review of a condo project at 2660 Harrison St., planners have been ducking and weaving around the reality that the supervisors have effectively put a moratorium on market-rate housing projects and on anything else that could displace blue-<\h>collar jobs (see “A Grinding Halt,” 3/22/06).

The latest installment is a March 31 memo from Paul Maltzer, the department’s chief environmental review officer, who concluded that yes, indeed, all developments in the vast eastern neighborhoods project area that could affect affordable housing or jobs would need detailed environmental review. That’s an admission, of sorts, that no more market-<\h>rate housing can be quickly approved, but it comes with a caveat: The memo states that projects will be evaluated on a "case-by-case basis" and leaves an awful lot of wiggle room. It also suggests that as soon as the city’s official broad-based environmental impact report on the eastern neighborhoods rezoning is completed, the floodgates will be opened again.

That EIR is on the fast track: Maltzer projects that a draft will be completed by late this summer and a final report by March 2007. But there’s a huge problem: An EIR has to evaluate a specific project, and the "project" a rezoning of some 3,800 acres of the city is pretty damn vague at this point. For example, there’s nothing about affordable housing in the scope of work that was put forward for the EIR.

So it’s entirely possible that the Planning Department will produce a report next spring that glosses over the biggest issues surrounding the future of the eastern neighborhoods and that developers will use it as a green light to begin a new building boom that will forever change the city.

We’d like to hold a few facts to be self-<\h>evident: San Francisco doesn’t need more million-<\h>dollar condos for young single people who work in Silicon Valley. The city can’t build the equivalent of another good-size town, with a population of perhaps 100,000 new residents, in eastern San Francisco without massive improvements in infrastructure, particularly transportation. The costs of the new streets, bus lines, train lines, and pedestrian walkways will run into the hundreds of millions of dollars and there’s nothing anywhere in any Planning Department document about who will pay for it.

And there’s nothing in the current proposals for the eastern neighborhoods that’s consistent with the housing element of the city’s own general plan.

The housing element is clear: San Francisco needs a lot of new below-<\h>market housing housing for families with kids, housing for people who work in the city and make moderate wages, housing for people living on fixed (and not gigantic) incomes. Housing for teachers and firefighters. Housing for the people who change the sheets at the hotels and clean the bathrooms at the convention centers that keep the city’s biggest industry thriving. In fact, it says, 40 percent of all new housing needs to be affordable for low- and very-low-<\h>income people, and another 32 percent needs to be affordable for families with moderate incomes. That kind of housing simply won’t be built under the current plans and that means any EIR the planners (or any private developers) prepare will be fundamentally flawed.

There’s a solution here, and if the Planning Commission won’t demand it, then the supervisors must: Any final EIR on the eastern neighborhoods has to consider not only the current rezoning plans but also an alternative that would bring the city into compliance with its own general plan. Asking planners to comply with their own plans shouldn’t be a radical notion. And until the Planning Department can explain how that might happen, this entire process and all new market-<\h>rate housing needs to be on hold, indefinitely.

A deep breath for city planning

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It was, as housing activist Calvin Welch explained to the Planning Commission March 16, the “canary in the coal mine.” A decision by the Board of Supervisors demanding further environmental review of new market-rate housing projects has thrown the future of development on the eastern side of the city into doubt

In Melinda’s memory

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On her very first day at Next Door, a homeless shelter that occupies a nondescript building on Polk Street, Yalaanda Ellsberry met Melinda Lindsey.

"This is my first time in a shelter," Elsberry told us recently. "And I’ve found a lot of people are very closed off." Lindsey, however, was open and friendly, and they became fast friends.

Ellsberry knew that early on Christmas Eve, Lindsey was scheduled to catch a bus to go visit relatives near Monterey. So she was surprised to see Lindsey still in bed when the overhead lights were switched on at 6:30 a.m. She shook her friend’s shoulders, trying to rouse her.

"For some reason, this particular time, I just knew to check for rigor mortis," Ellsberry said. When Lindsey’s hand moved in response, "I thought, good – get that thought out of your head, girl." But when she touched her friend’s forehead, it felt cool.

Word of Lindsey’s questionable condition spread across the fourth floor of the shelter quickly. But, said Ellsberry and other residents we interviewed, staff members were slow to react and basically left the residents to try to revive Lindsey on their own. The residents summoned a woman who was staying there who happened to be a registered nurse, and she began to perform CPR.

The nurse, who asked us not to print her name, said she was dismayed to find that none of the standard medical equipment was available – neither face masks for performing CPR nor the defibrillator paddles that can sometimes shock a person back to life after a heart attack.

Forty-three-year-old Lindsey, who had serious heart problems, was pronounced dead soon after the paramedics arrived. Her body lay on the floor, covered by a blanket, for close to two hours before being picked up by the coroner.

Several Next Door residents told us they were horrified by the shelter’s response to the emergency. The nurse said that neither of the staffers who were there "would attempt CPR. They didn’t even go anywhere near her."

Ken Reggio, executive director of Episcopal Community Services (ECS), which holds the city contract to run Next Door, said that based on everything he’s reviewed, the shelter handled Lindsey’s death just fine: "I think we had a client who was seriously ill and passed away in her sleep." He added that residents stepped in to perform CPR while a staffer phoned the paramedics, but that the shelter’s whole staff is "trained in CPR and capable of administering it."

But no matter what exactly happened on Dec. 24, Lindsey’s death has prompted some residents to band together and demand that Next Door improve its plans for dealing with medical emergencies. They have appealed to outside groups and city government for help, saying they want to be treated more humanely.

"My thing is," Ellsberry said, "I want to see a change."

.  .  .

Next Door – which used to be known by the catchy name Multi-Service Center North – is one of San Francisco’s largest homeless facilities. City officials often hold it up as a model program.

Today the shelter has room for 280 people, divided by gender, and a 30-bed "respite care" program, run in partnership with the Department of Public Health, that’s meant for homeless people with health problems. In the past couple of years, Next Door has been transformed into a longer-term shelter where residents can stay up to six months. That alone makes it more appealing than most city shelters, where beds are typically rotated every one to seven days.

Residents we interviewed said their main concern about Next Door is that it doesn’t seem equipped to handle medical emergencies. But they had significant gripes about aspects of everyday life at the shelter, including cleanliness and food. And their many and varied complaints had an underlying theme: that staffers often treat residents callously, as though they are something less than human – even when they’re dying.

"Workers here talk to us any kind of way because we’re homeless," said LaJuana Tucker, who has been living at Next Door for three months. She added that many of the people staying at Next Door are struggling with health issues but that staffers are not very understanding: "If [residents] aren’t feeling well and want to lie down, they give them a hard time."

The women we spoke with said the disparaging attitude was also apparent in the shelter’s response to Melinda Lindsey’s death.

Three days after her apparent heart attack, they told us, shelter director Linzie Coleman set up a "grief meeting." But the residents who attended say that before their grief was addressed in any way, Coleman emphasized that related complaints were to be handled internally and that residents should not take their concerns to people outside of the shelter hierarchy.

Coleman disputed their account, telling us she stopped by merely "to say that I had gotten their complaints and their complaints would be investigated."

She said first-aid kits and CPR masks are usually available throughout the shelter and just needed to be "replenished" and that staffers treat Next Door’s clientele with "dignity and respect."

"I’ve been here nine years and four months, and we’ve only had seven deaths at the shelter," she said. "And every one but this last one, the staff has done CPR."

.  .  .

Undeterred by what they say were efforts to silence them, in early January Next Door residents approached the Shelter Monitoring Committee, an oversight panel created by the Board of Supervisors, about Lindsey’s death. After taking verbal and written statements from several of them, the committee tried to gather more information from the shelter.

According to a Jan. 9 letter the committee sent to several city agencies, "We immediately contacted the Director to confirm details. Our representative was met with an unprofessional and demeaning attitude and a generally hostile response to his inquiry."

Coleman said she doesn’t understand the characterization of her response, but Diana Valentine, who chairs the Shelter Monitoring Committee, told us point blank, "We were treated very hostilely."

More important, she said that when members of her committee visited Next Door on Jan. 6, they found no first-aid kits or other medical equipment on the floors where most residents stay. When they asked staff people whether they’d been trained in CPR, she added, several said no. And in the short time since Lindsey’s death, the committee has received another complaint about a medical emergency at Next Door that "resulted in injury to the resident."

"There’s been no training, and there’s absolutely no first-aid supplies available – and this is weeks after this woman’s death," Valentine said. "We haven’t seen any changes, consequences, or accountability."

In its letter, the committee asked the Human Services Agency, the DPH, and ECS to launch inquiries into Lindsey’s death, Next Door’s general policies and conditions, and how city-funded shelters are supposed to respond to emergency situations.

Dariush Kayhan, director of Housing and Homeless Programs for the Human Services Agency, told us he’s waiting to see a final report from ECS on the Lindsey incident but that, at this point, the HSA has no reason to think anything improper occurred.

Regardless, Kayhan said, "we’re going to use what happened as a springboard," by asking the DPH to do a thorough review of the medical protocols, training, and equipment at each and every city shelter.

www.ecs-sf.org/shelters.htm

Enforcing a hidden anti-eviction law

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As the Board of Supervisors was in the process of approving a measure to require a public hearing before converting rental units into condominiums – a measure Mayor Gavin Newsom has shamefully pledged to veto – Sup. Chris Daly told his progressive colleagues they shouldn’t be cowed by accusations that they are against home-ownership opportunities.

He’s exactly right. The city’s building new condos at a rapid clip, with more than 9,000 for-sale units in the pipeline right now, while rental units are disappearing. It’s more fair to accuse Newsom and his allies of being hostile to renters than to somehow say progressives oppose home ownership.

In fact, as Daly pointed out Jan. 10, the city isn’t even using existing tools to help tenants.

Six months ago, the San Francisco Tenants Union and Sup. Aaron Peskin unearthed a 25-year-old city law that could prevent many future condo conversions. Section 1386 of the city’s subdivision code, approved in 1981, requires city planners to reject condo conversions in which evictions or steep rent hikes have been used to clear the building for sale.

The law is a bit outdated – it requires landlords to provide only a five-year history of building occupancy. The supervisors should amend it to allow city officials to consider how a building was cleared out of tenants, whenever that occurred, and if Newsom wants to be seen as anything more than a fan of evictions and a shill for speculators, he should direct planning officials to start aggressively enforcing the law’s provisions.

That’s just one step the supervisors can take to deal with a mayor who seems unwilling to take even modest steps to slow the flood of evictions and the loss of rental housing. Newsom insists smaller condo conversions – ones involving fewer than five units – shouldn’t even be subject to Planning Commission hearings because that august body needs to save its time and energy for larger land-use issues.

So tenant activists and Peskin are pursuing with the City Attorney’s Office the possibility of requiring public notice for all condo conversions, of any size, which would give tenant activists the ability to appeal those permits to the full Board of Supervisors. It’s a good idea: If the poor, overworked planners are too busy to protect rental housing, and the supervisors want to take on the job, it will be hard for Newsom to say no.

Bail out the schools – once

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The San Francisco school-closure process has been about as bad as it possibly could be. Information about the potential closings came late out of the district office. The criteria for inclusion on the closure list were hard to understand – and harder to comprehend. The district kept parents out of the process until the very end and then restricted community input to a few moments at a series of crammed hearings. In many instances, representatives from the endangered schools had only 10 minutes to make their cases at last-minute hearings attended by only a few of the school board members.

And in the end, all that came out was a short-term solution to a very long-term, pressing problem.

It’s no surprise that the proposed closure list has very real problems – and that community leaders in the Western Addition and Bayview-Hunters Point, which would be the hardest hit neighborhoods, are outraged. Now the board, which, on Jan. 12, decided to put off making the decision, is scrambling to find a way to restore some degree of fairness and credibility to the process.

It’s an impossible task: After the mess of the past month, there’s simply no way to make a fair decision about school closures right now. And the way things are going in the district these days, it’s likely the exact same ugly and poorly thought-out process will take place next fall, and the year after, and the year after that.

It’s time to put a halt to the madness, for good. Mayor Gavin Newsom should drop his opposition to bailing out the schools; the city needs to step in and give the district the cash to stave off most of the closures for a year. But there has to be a condition: The school board and administration must undertake a real, credible, effective long-term planning effort, starting now, to determine how to handle declining enrollment in a fair and comprehensive fashion.

.  .  .

Just about everyone agrees that some San Francisco public schools have to close. The district is losing roughly 1,000 students a year, and has been since the early 1980s. But schools aren’t just buildings; they’re communities, they’re part of their neighborhoods – and closing them down is by definition going to be traumatic.

So at the very least, there needs to be some overall logic and educational policy behind the decisions. And right now that’s badly lacking. The main criteria for closures – declining enrollment and low test scores – virtually guarantee that low-income neighborhoods will be the hardest hit. And the proposed mergers would bring together two small, low-performing schools to make one larger school that will still have the same (or worse) issues.

There are all sorts of other alternatives. Could some of the most popular schools, the ones with huge waiting lists and stellar test scores, be expanded to take over empty space in under-enrolled schools? Would mergers between top schools and low-performing schools give low-income kids a better chance?

More important, how many schools will San Francisco need in 10 years, and where should they be located? Is there a way to phase some schools out without shutting them down altogether? Is there a way to promise parents who want their children to stay in the public schools that their schools – their communities – won’t be destroyed next year, or the year after?

If – and only if – the district is willing to commit to a credible planning process, with parents, teachers, community leaders, and someone from City Hall (perhaps a member of the Board of Supervisors) involved from the start, to create a facilities plan for the next decade, the supervisors and the mayor should look for the $5 million it would take to stave off most closures for this year. And if the city won’t do that, the District should look into using reserve funds to cover the gap. Sup. Ross Mirkarimi had the right line when he testified at the Jan. 12 school board meeting: The city should help the schools out – as long as the district can promise that this utter disaster of a process will never happen again.

Does Mills make sense?

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It wasn’t supposed to go like this.

 When Virginia-based mall developer Mills Corp. used political pressure by then-mayor Willie Brown and a partnership with the YMCA to narrowly win Port of San Francisco approval, in 2001, for the exclusive right to build a shopping center and office park at Piers 27-31, the project was supposed to slide right through.

 The Board of Supervisors was effectively cut out. All that elected body – which includes some supervisors who have been critical of the Mills project – could really do was tinker with the environmental impact report, or maybe just refuse to certify it and risk getting sued.

 But that was before a little-noticed change in a fairly noncontroversial ordinance put the board in the driver’s seat.

 Now a clearly concerned Mills Corp. has launched an aggressive lobbying and public relations campaign – including a series of full-page newspaper ads – urging the public to convince the board to certify that the project makes long-term financial sense when supervisors consider the matter next month. Otherwise, the project could be dead even before its EIR is complete, setting up the port to chose another developer when the Mills contract expires next year.

 Board president Aaron Peskin won approval last year for his Fiscal Responsibility and Feasibility Ordinance. "The whole notion of the ordinance is before you go headlong into these projects, let’s make sure the city has the resources to maintain it over time," Peskin told the Bay Guardian, noting how many projects in the city get built without solid plans for the long-term operating funds needed to maintain them.

 The ordinance covers projects that get over $1 million in public funds and other taxpayer-backed subsidies, and in July of this year, with the Mills project in mind, the board modified the measure to include in its definition of public funds the lucrative rent credits Mills is getting.

 "I think [Mills executives] are scared. They didn’t expect the board to be able to weigh in on this before the end," said Jon Golinger, who is leading the opposition to the project. "The board now gets to assess whether we can trust this company to do what they say they’re going to do."

 And trust seems to be a key issue in this case. Under state law and Prop. H, in which San Francisco voters required a recreation plan for the northern waterfront, Piers 27-31 are supposed to be geared toward offering recreational amenities to San Franciscans. Mills and port officials say the project’s YMCA and the "recreational retail" focus of its shops will meet that requirement.

 Critics in Golinger’s group say the project is little more than a glorified mall using the recreation label to pass legal muster, an accusation that Mills Corp.’s 2003 annual report does little to contest, calling the project "an attractive entertainment, dining, shopping and office center" and never once using the word "recreation" (a word added to the label in its 2004 report).

 An otherwise breathlessly laudatory economic study commissioned by the developers and released in July also indirectly raises the question of whether the 164,700 square feet of office space in the project will generate enough cash to pay for all the developer’s promises. Based on statements made by Mills executives, the report notes, "the project is unlikely to be built unless it can achieve minimum net rents of $35 per square foot which represents a major premium over current rents, that few if any existing tenants would be able or willing to pay."

 San Francisco has one of the highest office vacancy rates in the country, and rents average well below what these developers expect to receive. But Mills spokesman Dave D’Onofrio said the offices will be unlike any in the city, and "the market is clearly there" to support such high rents.

 In addition to these areas, Peskin said the board will consider Mills Corp.’s deal with the YMCA, which will be required to pay back the $30 million in capital costs fronted by the developer, on top of the ongoing operating costs needed to maintain this project as a recreational facility open to all.

 "They’re going to have to show how they’re going to fund the Y," Peskin said. He and others have noted that none of the financial documents released by the developer shed much light on that arrangement or other financial details of the project, although the port is currently preparing another financial document set for release to the board Sept. 28.

 Neither port nor YMCA officials returned our calls for comment, but D’Onofrio noted that the YMCA will pay just $1 per year in rent and that he is "utterly confident that the Y will be successful."

 Mills officials have publicly blamed opposition on businesses on Pier 39 and Fisherman’s Wharf, who fear competition from the project. "But there’s no validity to that argument," said Chris Martin, whose family has owned The Cannery and has been involved in northern waterfront planning issues for more than 30 years. He said the northern waterfront is already a congested mess on weekends, and an intensive project like this will make things much worse.

 In response to our inquiries, Mills project manager John Spratley issued a written statement saying in part, "The Board of Supervisors will find that The Piers is financially strong and a tremendous economic benefit for San Francisco and the Port."

 Peskin said he has an open mind about the project but said it is incumbent upon the developers to provide more information showing how the open space, recreational amenities, and other public access aspects to this project will be maintained over the long run: "To them, I say that if your project is so great then it will be great in the future."

 E-mail Steven T. Jones at steve@sfbg.com.

Does Mills make sense?

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Does Mills make sense?

Peskin measure gives supervisors an early say over a controversial waterfront development
By Steven T. Jones

It wasn’t supposed to go like this.

When Virginia-based mall developer Mills Corp. used political pressure by then-mayor Willie Brown and a partnership with the YMCA to narrowly win Port of San Francisco approval, in 2001, for the exclusive right to build a shopping center and office park at Piers 27-31, the project was supposed to slide right through.

The Board of Supervisors was effectively cut out. All that elected body

The political puppeteer

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By offering envelope-pushing legal and political advice at key moments in the fall campaign, attorney Jim Sutton was perhaps the single most influential individual behind the victories of Mayor Gavin Newsom and District Attorney Kamala Harris.
In the process, Sutton solidified his reputation as the dark prince of San Francisco elections, a hired gun who helps downtown interests and well-funded campaigns continue to dominate the electoral field even after voters passed reforms that restricted campaign giving and spending and required more official disclosure.
“He knows more election law than anyone, and he knows it better than anyone else,” local political consultant David Looman told the Bay Guardian. “He is the guy you call.”
New era, new player
Sutton, 40, stepped on the political stage just as voters were going to the polls in the fall of 1997 to demand more transparency in campaigns, a reaction to the leadership of Mayor Willie Brown and the dealings of powerhouse consultants like Jack Davis and Robert Barnes. At the time Sutton worked for Nielsen, Merksamer, Parrinello, Mueller, and Naylor, a Mill Valley firm that specializes in election law.
Sutton took on mostly big-money campaigns backed by downtown interests — such as Brown’s 1999 reelection and Pacific Gas and Electric Co.’s successful, multimillion-­dollar bids to squelch the public power movement in 2001 and 2002. Highly versed in the minutia of campaign finance law, he became a major player in electoral politics in San Francisco — and across the state.
“He is one of a small handful of very influential political law attorneys who typically represent moneyed, influential candidates,” California Common Cause executive director Jim Knox told us. “And he seems to be on something of a crusade right now.”
A search of the San Francisco Ethics Commission’s online database shows that over the past six years, Sutton has acted as treasurer or in another legal capacity for at least 20 campaigns and counts such heavily funded political action committees as the Golden Gate Restaurant Association, the Alice B. Toklas Lesbian Gay Bisexual Transgender Democratic Club, and the San Francisco Association of Realtors among his permanent clients. For that work, which doesn’t include the fall election, he earned at least $750,000.
Many of the city’s progressive activists and leaders see him as a dark agent — a tool only well-heeled interests can hire to navigate regulatory loopholes in order to spend as much as possible, even it means pushing the limits of the law, to sway voters.
“He’s an opportunistic lawyer who works against populist issues,” Sup. Tom Ammiano said.
Moreover, activists and state campaign finance experts say, he exerts an extraordinary level of influence over the city’s campaign regulators, including the top staff at the Ethics Commission and the deputy city attorneys who work with that agency.
“He is a high-powered fixer who has relationships with people in power that let him deliver for his clients in a way that leaves the less-connected among us flabbergasted,” said Marc Solomon, a Green Party member who worked on Sup. Matt Gonzalez’s mayoral campaign.
For his part, Sutton says that’s nonsense.
“There’s absolutely no proof or evidence of that,” Sutton told us. “I’m a professional, and I don’t want special access. I don’t need it, because I have a knowledge of the law.”
Rising to the top
By the time Sutton left his old firm last May to create Sutton and Associates, he had sealed his reputation as a go-to guy and counted among his clients the man who would be mayor. Sutton was everywhere. Consider:
• Having lawyered Newsom through the embarrassing flap in early 2003 over the $1 million loan from mentor Gordon Getty that (whoops!) Newsom neglected to disclose on his economic interest statements, Sutton served as treasurer to the Marina District supervisor’s mayoral campaign.
• When district attorney candidate Harris’s consultants realized their client was facing disaster if they couldn’t get her out of a legally binding pledge she signed in January 2003 to abide by the spending limits set in that race, they summoned Sutton, who got her out of the jam. The Ethics Commission’s decision to lift the spending limit was one of the agency’s most egregious acts in years and was truly an extraordinary event, activists say. It allowed Harris to spend hundreds of thousands of dollars to get past Bill Fazio in the runoff and eventually beat incumbent Terence Hallinan.
• Sutton handled the regulatory filing procedures for the California Urban Issues Project, a nonprofit lobbying outfit that churned out campaign mailers slamming Hallinan and mayoral contender Gonzalez for, among other charges, an unwillingness to crack down on the activities of homeless people. Though the group’s status prevents it from taking positions on candidates, the mailers clearly favored one candidate over the other. However, since the pieces didn’t actually include a “vote for candidate X” command, they fell within the bounds of the law as recently interpreted by the appellate courts, Sutton told us.
“What I do is say, ‘I am the lawyer. It’s my job to say this is what the law says. This is what it does or doesn’t allow,’ ” Sutton said. “It’s not about any kind of ideology on my part.”
• Sutton also served as treasurer for the campaigns behind two successful measures funded by downtown interests: the clean-streets initiative (Proposition C) and the controversial anti-panhandling legislation sponsored by Newsom (Proposition M). Interestingly, Harris particularly benefited because of her support for Prop. M. San Francisco pollster David Binder told us in December that her position on Prop. M helped her win over much of Fazio’s base and was key to her victory.
• Sutton’s expertise helped Newsom and Harris raise money in larger chunks during the runoff than they might otherwise have done. That’s because Sutton is keenly aware of a detail in the city’s campaign finance law that says if a candidate carries “accrued expenses” from the general election to the runoff, that candidate can collect $500 (instead of $250) from contributors. He should be — the ruling came as a result of his suggestion to local regulators.
For practical purposes, it can become a matter of shuffling the books. Newsom and Harris had so much cash behind their candidacies that it’s tough to believe they had any real debt. And in the case of at least Newsom, the amount of “debt” certainly seemed to be a moving target.
Shortly after the general election, Newsom campaign manger Eric Jaye told us he thought Newsom bore roughly $30,000 in accrued expenses. But when the campaign filed the paperwork, Newsom showed $225,322 in unpaid bills (see “Tainted Dough,” 12/03/03).
Neither Hallinan’s nor Gonzalez’s campaign took advantage of this provision in the law, even though Gonzalez treasurer Randy Knox brought it to the candidate’s attention. Gonzalez told us at the time that he didn’t consider such a move ethical.
Learning the ropes
A self-described politics nerd who interned in his state assemblymember’s office in high school, Sutton credits the rigors of the tight-knit environment of Pomona College — more than his three years at Stanford University Law School — with influencing the way he works today.
“I learned early I wasn’t going to get away without doing my homework,” he told us.
After clerking for former California Supreme Court Justice Edward Panelli from 1988 to 1989, he searched for a way to combine his legal degree with his keen interest in politics and government. In 1990 he found his way to Nielsen, Merksamer, though he lived, as he still does, in San Francisco.
Since he knew the city, he evolved into the firm’s attorney who dealt with San Francisco matters, he told us, even though he’s a member of the Republican Party — a rare bird here. In fact, he even served a stint as general counsel for the California Republican Party.
His first work in the city was on behalf of large institutions — the M.H. de Young Memorial Museum’s early bond campaigns, for example. He also made a key alliance with consultant Barnes, who was on his way to building a hugely influential career here and becoming closely connected to former mayor Brown.
In spring 1998, Sutton acted as treasurer for Bay Beautiful, a PAC aimed at defeating Proposition K, which former state senator Quentin L. Kopp put on the ballot to restrict Brown’s control of the development of Treasure Island. (Though the measure passed, the Brown-controlled Board of Supervisors failed to implement it.)
In November 1999, Sutton played a role in the orchestrated independent expenditure campaign on behalf of Brown’s reelection efforts in his handling of the Willie Brown Leadership PAC. The PAC directed some $55,000 into Brown’s bid for a second term (see “The Soft Money Shuffle,” 2/16/00).
At the time, Sutton had gone public with his strong opposition to efforts to restrict spending in political campaigns, writing in the San Francisco Examiner, “Not only does a spending cap decrease the quantity and quality of the issues discussed in the campaigns, it also infringes on First Amendment rights.”
One year after Brown’s reelection, the Leadership PAC, together with the pro-downtown Committee on Jobs, pumped some $67,000 into an unsuccessful bid to defeat Proposition O, which reinstated limits on independent expenditures and provided public financing for campaigns. Sutton handled the legal work for No on O.
No surprise there, Sutton’s critics say. Where money seeks to influence politics, that’s where you’ll find him. Sutton, though, says the list of campaigns he’s served doesn’t reflect his ideology as much as it does his skill set. He told us the best-funded campaigns “tend to have the more complicated legal questions, since they’re going to do more stuff.”
Money and politics
Advocates of campaign finance reform say Sutton has taken his opposition to campaign spending limits on the road, seeking to erode local ordinances that restrict spending.
“Sutton is active all over the state in his opposition to campaign finance reform,” said Paul Ryan, political reform project director for the Los Angeles–based Center for Governmental Studies.
Most recently Sutton testified before the San Diego Ethics Commission at a Jan. 21 hearing on a proposal to strengthen local campaign finance law. Sutton argued the commission should repeal the local law and replace it with the state’s version, which happens to be weaker.
“When we wrote the Political Reform Act of 1974, we put in there that local laws could be stronger than the state law,” Center for Governmental Studies director Bob Stern said. “What we have now is about 100 cities and counties that have gone beyond the state law. What [Sutton] is doing is pushing local jurisdictions to follow the state law only. And that’s unfortunate, because each local jurisdiction needs to deal with its own problems.”
Sutton said he just wants a uniform standard, with the minimal local amendments.
“[Cities and counties] keep making more and more laws, which are making things more and more complicated and difficult for anyone who wants to run for election to figure out,” Sutton said. “It has a dampening effect.”
Ryan and others are concerned Sutton might succeed in discouraging officials in municipalities such as Los Angeles and San Francisco from sticking by their stronger local laws. Compounding their concerns is that Sutton appears to have a great deal of influence over regulatory officials — at least in San Francisco.
Charlie Marsteller, who formerly headed up a San Francisco chapter of California Common Cause, believes the Ethics Commission has for more than a year failed to act on a complaint he filed against Sutton in late 2002, because of Sutton’s influence on the agency. (The complaint was over Sutton’s failure to disclose some $800,000 in contributions from PG&E to a committee aimed at defeating Proposition D, another public power measure.)
“It seems to me they are waiting until after February, when a seat on the commission is up and they’ll be able to replace [Bob Planthold] with a Sutton-friendly commissioner,” Marsteller said. (Assessor-Recorder Mabel Teng is expected to name Planthold’s replacement any day now.)
More recent examples activists point to include the Harris spending-cap matter and the latest: a charge made Jan. 16 by two Ethics Commission staffers that director Ginny Vida ordered the destruction of documents accidentally e-mailed to the agency by a secretary in Sutton’s office. Those documents, which were first reported on in the San Francisco Sentinel, strongly suggest that funds raised by the San Francisco Swearing-In Committee (without contribution limits) for Newsom’s inauguration were used to pay off a long list of consultants who worked on the campaign — a charge Sutton has vehemently denied.
On Jan. 28, Sutton filed paperwork for the committee reporting contributions but not expenditures. The total raised was $317,850 and included donations of $10,000 to $20,000 from such downtown players as Shorenstein Co., Gap founder Don Fisher, the San Francisco Association of Realtors, and Clear Channel.
Though Sutton insists he enjoys no undue influence on local regulators, even one of Harris’s consultants told us Sutton was hired for just that reason. “Jim Sutton has a certain amount of influence with Ginny Vida. He doesn’t think [spending limits] are constitutional,” Looman said. “And I believe that worries her too.”
Vida was on medical leave and couldn’t reached for comment, but her deputy, Mabel Ng, said neither she nor Vida give Sutton special treatment.
“I don’t think he has any more or any less influence than anyone else,” Ng said.
Dealing with Ethics
Sutton’s most impressive act in the Harris controversy was convincing Vida and Ng that Harris didn’t know she was bound to the pledge she signed in January 2003 to stay under the spending cap. Had ethics officials concluded that Harris knew her pledge was binding when she blew the cap sometime in September, they could have disqualified her from the race, according to the terms of the city’s campaign finance law.
Instead the Ethics Commission signed onto a settlement agreement stipulating that Harris’s had been an innocent mistake — though there was plenty of evidence that her campaign officials fully knew the pledge was binding (see Campaign Watch, 9/17/03 and 10/08/03). But in buying into Sutton’s version of events, the commission allowed Harris to continue spending money that helped her win the race.
“To facilitate the needs of Sutton’s clients, [Ethics] staffers gave in to Sutton the way he wanted,” Marsteller said. “The commissioners dropped the ball in that they needed to request an audit to check out the veracity of the statements being made by Harris…. They could hardly decide that the violations by the Harris committee were unintentional absent an audit. It’s one of the greatest demonstrations of incompetence I’ve seen, and Sutton led them into it.”
For his part, Sutton disagrees that Vida gave him an easy of time of it. “They fined [Harris] $34,000, and they made sure we printed flyers and ads telling the public of the mistake,” Sutton said.
That’s true. But Ryan and others view the matter as strong evidence of Sutton’s influence.
“It appears as though many of the arguments he makes personally are then likewise made by Ginny Vida and Mabel Ng,” Ryan said. “It appears as though Jim Sutton is influencing the public policy and San Francisco and the interpretation of the city’s finance laws.”

The political puppeteer

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By offering envelope-pushing legal and political advice at key moments in the fall campaign, attorney Jim Sutton was perhaps the single most influential individual behind the victories of Mayor Gavin Newsom and District Attorney Kamala Harris.
In the process, Sutton solidified his reputation as the dark prince of San Francisco elections, a hired gun who helps downtown interests and well-funded campaigns continue to dominate the electoral field even after voters passed reforms that restricted campaign giving and spending and required more official disclosure.
“He knows more election law than anyone, and he knows it better than anyone else,” local political consultant David Looman told the Bay Guardian. “He is the guy you call.”
New era, new player
Sutton, 40, stepped on the political stage just as voters were going to the polls in the fall of 1997 to demand more transparency in campaigns, a reaction to the leadership of Mayor Willie Brown and the dealings of powerhouse consultants like Jack Davis and Robert Barnes. At the time Sutton worked for Nielsen, Merksamer, Parrinello, Mueller, and Naylor, a Mill Valley firm that specializes in election law.
Sutton took on mostly big-money campaigns backed by downtown interests — such as Brown’s 1999 reelection and Pacific Gas and Electric Co.’s successful, multimillion-­dollar bids to squelch the public power movement in 2001 and 2002. Highly versed in the minutia of campaign finance law, he became a major player in electoral politics in San Francisco — and across the state.
“He is one of a small handful of very influential political law attorneys who typically represent moneyed, influential candidates,” California Common Cause executive director Jim Knox told us. “And he seems to be on something of a crusade right now.”
A search of the San Francisco Ethics Commission’s online database shows that over the past six years, Sutton has acted as treasurer or in another legal capacity for at least 20 campaigns and counts such heavily funded political action committees as the Golden Gate Restaurant Association, the Alice B. Toklas Lesbian Gay Bisexual Transgender Democratic Club, and the San Francisco Association of Realtors among his permanent clients. For that work, which doesn’t include the fall election, he earned at least $750,000.
Many of the city’s progressive activists and leaders see him as a dark agent — a tool only well-heeled interests can hire to navigate regulatory loopholes in order to spend as much as possible, even it means pushing the limits of the law, to sway voters.
“He’s an opportunistic lawyer who works against populist issues,” Sup. Tom Ammiano said.
Moreover, activists and state campaign finance experts say, he exerts an extraordinary level of influence over the city’s campaign regulators, including the top staff at the Ethics Commission and the deputy city attorneys who work with that agency.
“He is a high-powered fixer who has relationships with people in power that let him deliver for his clients in a way that leaves the less-connected among us flabbergasted,” said Marc Solomon, a Green Party member who worked on Sup. Matt Gonzalez’s mayoral campaign.
For his part, Sutton says that’s nonsense.
“There’s absolutely no proof or evidence of that,” Sutton told us. “I’m a professional, and I don’t want special access. I don’t need it, because I have a knowledge of the law.”
Rising to the top
By the time Sutton left his old firm last May to create Sutton and Associates, he had sealed his reputation as a go-to guy and counted among his clients the man who would be mayor. Sutton was everywhere. Consider:
• Having lawyered Newsom through the embarrassing flap in early 2003 over the $1 million loan from mentor Gordon Getty that (whoops!) Newsom neglected to disclose on his economic interest statements, Sutton served as treasurer to the Marina District supervisor’s mayoral campaign.
• When district attorney candidate Harris’s consultants realized their client was facing disaster if they couldn’t get her out of a legally binding pledge she signed in January 2003 to abide by the spending limits set in that race, they summoned Sutton, who got her out of the jam. The Ethics Commission’s decision to lift the spending limit was one of the agency’s most egregious acts in years and was truly an extraordinary event, activists say. It allowed Harris to spend hundreds of thousands of dollars to get past Bill Fazio in the runoff and eventually beat incumbent Terence Hallinan.
• Sutton handled the regulatory filing procedures for the California Urban Issues Project, a nonprofit lobbying outfit that churned out campaign mailers slamming Hallinan and mayoral contender Gonzalez for, among other charges, an unwillingness to crack down on the activities of homeless people. Though the group’s status prevents it from taking positions on candidates, the mailers clearly favored one candidate over the other. However, since the pieces didn’t actually include a “vote for candidate X” command, they fell within the bounds of the law as recently interpreted by the appellate courts, Sutton told us.
“What I do is say, ‘I am the lawyer. It’s my job to say this is what the law says. This is what it does or doesn’t allow,’ ” Sutton said. “It’s not about any kind of ideology on my part.”
• Sutton also served as treasurer for the campaigns behind two successful measures funded by downtown interests: the clean-streets initiative (Proposition C) and the controversial anti-panhandling legislation sponsored by Newsom (Proposition M). Interestingly, Harris particularly benefited because of her support for Prop. M. San Francisco pollster David Binder told us in December that her position on Prop. M helped her win over much of Fazio’s base and was key to her victory.
• Sutton’s expertise helped Newsom and Harris raise money in larger chunks during the runoff than they might otherwise have done. That’s because Sutton is keenly aware of a detail in the city’s campaign finance law that says if a candidate carries “accrued expenses” from the general election to the runoff, that candidate can collect $500 (instead of $250) from contributors. He should be — the ruling came as a result of his suggestion to local regulators.
For practical purposes, it can become a matter of shuffling the books. Newsom and Harris had so much cash behind their candidacies that it’s tough to believe they had any real debt. And in the case of at least Newsom, the amount of “debt” certainly seemed to be a moving target.
Shortly after the general election, Newsom campaign manger Eric Jaye told us he thought Newsom bore roughly $30,000 in accrued expenses. But when the campaign filed the paperwork, Newsom showed $225,322 in unpaid bills (see “Tainted Dough,” 12/03/03).
Neither Hallinan’s nor Gonzalez’s campaign took advantage of this provision in the law, even though Gonzalez treasurer Randy Knox brought it to the candidate’s attention. Gonzalez told us at the time that he didn’t consider such a move ethical.
Learning the ropes
A self-described politics nerd who interned in his state assemblymember’s office in high school, Sutton credits the rigors of the tight-knit environment of Pomona College — more than his three years at Stanford University Law School — with influencing the way he works today.
“I learned early I wasn’t going to get away without doing my homework,” he told us.
After clerking for former California Supreme Court Justice Edward Panelli from 1988 to 1989, he searched for a way to combine his legal degree with his keen interest in politics and government. In 1990 he found his way to Nielsen, Merksamer, though he lived, as he still does, in San Francisco.
Since he knew the city, he evolved into the firm’s attorney who dealt with San Francisco matters, he told us, even though he’s a member of the Republican Party — a rare bird here. In fact, he even served a stint as general counsel for the California Republican Party.
His first work in the city was on behalf of large institutions — the M.H. de Young Memorial Museum’s early bond campaigns, for example. He also made a key alliance with consultant Barnes, who was on his way to building a hugely influential career here and becoming closely connected to former mayor Brown.
In spring 1998, Sutton acted as treasurer for Bay Beautiful, a PAC aimed at defeating Proposition K, which former state senator Quentin L. Kopp put on the ballot to restrict Brown’s control of the development of Treasure Island. (Though the measure passed, the Brown-controlled Board of Supervisors failed to implement it.)
In November 1999, Sutton played a role in the orchestrated independent expenditure campaign on behalf of Brown’s reelection efforts in his handling of the Willie Brown Leadership PAC. The PAC directed some $55,000 into Brown’s bid for a second term (see “The Soft Money Shuffle,” 2/16/00).
At the time, Sutton had gone public with his strong opposition to efforts to restrict spending in political campaigns, writing in the San Francisco Examiner, “Not only does a spending cap decrease the quantity and quality of the issues discussed in the campaigns, it also infringes on First Amendment rights.”
One year after Brown’s reelection, the Leadership PAC, together with the pro-downtown Committee on Jobs, pumped some $67,000 into an unsuccessful bid to defeat Proposition O, which reinstated limits on independent expenditures and provided public financing for campaigns. Sutton handled the legal work for No on O.
No surprise there, Sutton’s critics say. Where money seeks to influence politics, that’s where you’ll find him. Sutton, though, says the list of campaigns he’s served doesn’t reflect his ideology as much as it does his skill set. He told us the best-funded campaigns “tend to have the more complicated legal questions, since they’re going to do more stuff.”
Money and politics
Advocates of campaign finance reform say Sutton has taken his opposition to campaign spending limits on the road, seeking to erode local ordinances that restrict spending.
“Sutton is active all over the state in his opposition to campaign finance reform,” said Paul Ryan, political reform project director for the Los Angeles–based Center for Governmental Studies.
Most recently Sutton testified before the San Diego Ethics Commission at a Jan. 21 hearing on a proposal to strengthen local campaign finance law. Sutton argued the commission should repeal the local law and replace it with the state’s version, which happens to be weaker.
“When we wrote the Political Reform Act of 1974, we put in there that local laws could be stronger than the state law,” Center for Governmental Studies director Bob Stern said. “What we have now is about 100 cities and counties that have gone beyond the state law. What [Sutton] is doing is pushing local jurisdictions to follow the state law only. And that’s unfortunate, because each local jurisdiction needs to deal with its own problems.”
Sutton said he just wants a uniform standard, with the minimal local amendments.
“[Cities and counties] keep making more and more laws, which are making things more and more complicated and difficult for anyone who wants to run for election to figure out,” Sutton said. “It has a dampening effect.”
Ryan and others are concerned Sutton might succeed in discouraging officials in municipalities such as Los Angeles and San Francisco from sticking by their stronger local laws. Compounding their concerns is that Sutton appears to have a great deal of influence over regulatory officials — at least in San Francisco.
Charlie Marsteller, who formerly headed up a San Francisco chapter of California Common Cause, believes the Ethics Commission has for more than a year failed to act on a complaint he filed against Sutton in late 2002, because of Sutton’s influence on the agency. (The complaint was over Sutton’s failure to disclose some $800,000 in contributions from PG&E to a committee aimed at defeating Proposition D, another public power measure.)
“It seems to me they are waiting until after February, when a seat on the commission is up and they’ll be able to replace [Bob Planthold] with a Sutton-friendly commissioner,” Marsteller said. (Assessor-Recorder Mabel Teng is expected to name Planthold’s replacement any day now.)
More recent examples activists point to include the Harris spending-cap matter and the latest: a charge made Jan. 16 by two Ethics Commission staffers that director Ginny Vida ordered the destruction of documents accidentally e-mailed to the agency by a secretary in Sutton’s office. Those documents, which were first reported on in the San Francisco Sentinel, strongly suggest that funds raised by the San Francisco Swearing-In Committee (without contribution limits) for Newsom’s inauguration were used to pay off a long list of consultants who worked on the campaign — a charge Sutton has vehemently denied.
On Jan. 28, Sutton filed paperwork for the committee reporting contributions but not expenditures. The total raised was $317,850 and included donations of $10,000 to $20,000 from such downtown players as Shorenstein Co., Gap founder Don Fisher, the San Francisco Association of Realtors, and Clear Channel.
Though Sutton insists he enjoys no undue influence on local regulators, even one of Harris’s consultants told us Sutton was hired for just that reason. “Jim Sutton has a certain amount of influence with Ginny Vida. He doesn’t think [spending limits] are constitutional,” Looman said. “And I believe that worries her too.”
Vida was on medical leave and couldn’t reached for comment, but her deputy, Mabel Ng, said neither she nor Vida give Sutton special treatment.
“I don’t think he has any more or any less influence than anyone else,” Ng said.
Dealing with Ethics
Sutton’s most impressive act in the Harris controversy was convincing Vida and Ng that Harris didn’t know she was bound to the pledge she signed in January 2003 to stay under the spending cap. Had ethics officials concluded that Harris knew her pledge was binding when she blew the cap sometime in September, they could have disqualified her from the race, according to the terms of the city’s campaign finance law.
Instead the Ethics Commission signed onto a settlement agreement stipulating that Harris’s had been an innocent mistake — though there was plenty of evidence that her campaign officials fully knew the pledge was binding (see Campaign Watch, 9/17/03 and 10/08/03). But in buying into Sutton’s version of events, the commission allowed Harris to continue spending money that helped her win the race.
“To facilitate the needs of Sutton’s clients, [Ethics] staffers gave in to Sutton the way he wanted,” Marsteller said. “The commissioners dropped the ball in that they needed to request an audit to check out the veracity of the statements being made by Harris…. They could hardly decide that the violations by the Harris committee were unintentional absent an audit. It’s one of the greatest demonstrations of incompetence I’ve seen, and Sutton led them into it.”
For his part, Sutton disagrees that Vida gave him an easy of time of it. “They fined [Harris] $34,000, and they made sure we printed flyers and ads telling the public of the mistake,” Sutton said.
That’s true. But Ryan and others view the matter as strong evidence of Sutton’s influence.
“It appears as though many of the arguments he makes personally are then likewise made by Ginny Vida and Mabel Ng,” Ryan said. “It appears as though Jim Sutton is influencing the public policy and San Francisco and the interpretation of the city’s finance laws.”