Public Power

Why won’t the PG@E attorney for supervisor answer some questions?

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Douglas Chan, an attorney with the law firm of Chan, Doi, and Leal, is a candidate for supervisor from the Sunset District. PG@E has paid $2l0,054 to his firm the last two years, according to PG&E’s filings with the California Public Utilities Commission.

Chan also disclosed that he has received more tthan $l0,000 during the last year in gross income including his pro rata share of the gross income of the firm from five clients (PG&E, Ferry Plaza Limited Partnership, Chess Ventures Legal Challenge, Sugarbowl Bakery, and Chinese Consolidated Benevolent Association), according to his Statement of Economic Interest filed with the Ethics Commission. This is nothing new for Chan: Back in 2002, he put his name on PG@E campaign material opposing the public power initiative and supporting PG@E and thus earned a spot in the Guardian’s Hall of Shame that year.

The PG@E connection raises some serious questions for Chan. He refused to be interviewed for our Guardian editorial endorsement interviews of candidates for supervisor (even though most other candidates in other races came in for interviews.) And he and his campaign staff have refused to talk to us about these questions. So it may be up to the residents inside and outside the Sunset District to ask him these questions at candidates’ nights and when they spot Chan on the campaign trail. Good luck! Let us know. These are the questions I emailed today to Chan, his campaign manager Tom Hsieh jr., and his firm.

To Doug Chan, Tom Hseih jr., Nicole Yelich, and to Chan, Doi and Leal:

We’ re sorry that Doug Chan, as a candidate for public office in the Sunset District (not far from where I live), has decided not to come to the Guardian for our normal round of candidate interviews, as almost everyone has done in other campaigns.

We’re also sorry that we cannot reach him, or anyone in his campaign, who can answer some important questions about the relationship that he and his law firm have had with PG@E for years. So I am asking these questions by email (for Guardian coverage and for my Bruce Blog at sfbg.com):

l. PG@E has paid $2l0,054.ll to the Chan, Doi, and Leal law firm during the last two years, according to PG@E filings with the CPUC. What has PG@E paid the law firm so far this year? Will PG@E be an ongoing client of the firm? What is the total that PG@E has paid the law firm through the years? What percentage of the firm’s revenue has been paid directly or indirectly by PG@E, year by year? If elected, will Chan fully divest himself and disengage completely from the firm?

2. What work has Chan himself done for PG@E? In reading through the resume of Chan and the partners of the firm, it doesn’t appear that this firm or its partners have any specific utility or energy expertise. Why then did PG@E hire this firm?

3. Did PG@E encourage Chan to run for the Sunset supervisorial seat?

4. Have you asked the city attorney for an opinion on how PG@E’s hiring of the firm and Chan would affect his votes and whether he would have to recuse himself on such votes as public power, the community choice aggregation project, and the many other projects and votes involving PG@E? If you have an opinion, what is it?

5. What is Chan’s position on enforcing the Raker Act and bringing Hetch Hetchy power to the city for our residents and businesses? Would he vote to put on the ballot an initiative proposal to buy out PG@E’s transmission lines and make San Francisco a public power city? Would he for example support proposals such as the last two public power proposals that went on the ballot? We would appreciate his reasoning on this critical issue that costs the city hundreds of millions of dollars a year.

6. Would he vote to direct the city attorney to sue PG@E to make null and void the city’s l939 PG@E franchise fee, which is the lowest in the state, and PG@E claims is signed in perpetuity? If not, why not? We would appreciate his reasoning on this critical issue that costs the city tens of millions a year.

7. What is Chan’s position on the community choice aggregation proposal now before the board? On the city’s development of alternative power sources such as solar, tidal, etc.? ON tearing down the ruinous Potrero Hill power plant?

7. The critical question: given PG@E’s heavy investment in Chan and his firm, could Chan explain to us and the people of the Sunset how you would represent them fairly and honestly on these critical public power/public resource issues and not be under the influence of your former client PG@E?

Thanks very much. We would appreciate talking to Chan directly or, if that is not possible, getting his answers to the above crucial public power and public policiy quetions from him. Thanks very much. B3

Doug Chan, PG&E’s man at City Hall

Doug Chan, PG&E’s man at City Hall

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By Tim Redmond

Matt Smith, the SF Weekly columnist, did a little investigative reporting last week and discovered that Doug Chan, candidate for supervisor from District 4, does, indeed, live in the district, has a messy house and hasa neighbor who complains about him hogging the laundry room. But after what appears to have been a brief conversation (summarized in a couple of paragraphs), Smith concludes that Chan is really a hell of a guy, and would be a fine supervisor. (He main claim to fame, according to Smith, is that he thinks “ideology is killing San Francisco.”) What an ass.

Smith’s bang-up investigation, however, missed a little fact that’s easily accessible to anyone who checks some state and local public records. Chan is an attorney for Pacific Gas and Electric Co.

In fact, California Public Utilities Commission records show that Chan’s law firm, Chan, Doi and Leal, has received more than $200,000 in legal fees from the utility in the past two years. Chan himself, as a partner, has pocketed at least $10,000 of that money, according to his economic interest statements.

It’s hard to figure out what Chan has done for PG&E — he clearly doesn’t do utilities law (or much else that fits PG&E’s needs, according to his own website.)

Should the city elect a candidate who has derived a substantial amount of his personal income from one of the greatest lawbreakers in town, a company the city is fighting now over public power in Bayview Hunters Point and will be fighting bitterly over citywide public power in the next few years?

Matt?

The first 40

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› bruce@sfbg.com
On Oct. 27, l966, my wife, Jean Dibble, and I and some journalist and literary friends published the first issue of the first alternative paper in the country that was designed expressly to compete with the local monopoly daily combine and offer an alternative voice for an urban community.
We called it the San Francisco Bay Guardian, named after the liberal Manchester Guardian of England, and declared in our statement of intent that the Guardian would be a new model for a big-city paper: we would be independent and locally owned and edited, and we would be alternative to and competitive with the San Francisco Examiner and San Francisco Chronicle, which were published under a joint operating agreement that allowed them to fix prices, pool profits, share markets, and avoid competition.
We stated that “the Guardian is proposed, not as a substitute for the daily press, but as a supplement that can do much that the San Francisco and suburban dailies, with their single ownership, visceral appeal and parochial stance, cannot and will not do.” And we played off the name Guardian by stating that we would be “liberal in assessing the present and past (supporting regional government, nuclear weapons control, welfare legislation, rapid transit, tax reform, consumer protection, planning, judicial review, de-escalation and a promptly negotiated settlement in Vietnam.)” But the Guardian would also be “conservative in preserving tradition (civil liberties and minority rights, natural resources, watersheds, our bay, our hills, our air and water).”
It was rather naive to challenge the Ex-Chron JOA with little more than a good idea and not much money and a wing and a prayer. We had almost no idea of what we were getting into in San Francisco, a venue that Warren Hinckle of Ramparts and many other defunct publications would later describe as the Bermuda Triangle of publishing. But we had, I suppose, the key ingredient of the entrepreneur — the power of ignorance and not knowing any better — and somehow thought that if we could just get a good paper going, the time being l966 and the place being San Francisco and the world being full of possibilities, we would make it, come hell or high water.
Well, after going through hell and high water and endless soap operas for four decades, Jean and I and the hundreds of people who have worked for the Guardian through the years have helped realize the paper’s original vision and created something quite extraordinary: an influential new form of independent alternative journalism that works in the marketplace and provides what little real competition there is to the monopoly dailies. And let me emphasize, the alternatives do not require government-sanctioned JOA monopolies and endless chains and clusters of dailies and the other monopolizing devices that dailies claim they need to survive.
Today I am delighted to report that there are alternative papers competing effectively with their local chains throughout the Bay Area (seven, more than any other region), throughout the state from Chico to San Diego (22, more than any other state), and throughout the nation (126 in 42 states, with a total circulation of 7.5 million, and more coming all the time). There are even cities with two and three competing alternatives, and there are cities where the monopoly daily is forced by the real alternatives to create faux alternatives to try to compete (it doesn’t work). And alas, there is now a Village Voice–New Times chain of 17 papers in major markets, including San Francisco and the East Bay, that is abandoning its alternative roots and moving to ape its daily brethren.
Jean and I met at the University of Nebraska at Lincoln in 1957. Two friends and I were driving around Lincoln one fine spring day, drinking gin and tonics, which were drawn from a tub of gin and tonic that we had mixed up and stashed in the trunk of our car. We happened upon Jean and her younger sister, Catherine, who had come from a Theta sorority function and were standing on a street corner waiting for their mother to pick them up and take them to the Dibble family home in nearby Bennet (population: 412). We stopped, convinced them to ride with us, and got them safely home. They declined our offer of gin and tonics, as did their astonished parents and grandmother when we arrived at the Dibble house.
Jean and I made a good team. We both had small-town Midwestern values and roots in family-owned small-business. Her father owned lumberyards in small towns in southeast Nebraska. Her maternal grandfather founded banks in Kansas and Nebraska and was the state-appointed receiver for failed banks in Kansas during the Depression. Her paternal grandfather owned a grocery store in Topeka, Kan. Jean had the business background and the ability to create a solid start-up plan — she was a graduate of the Harvard-Radcliffe Program in Business Administration and had worked in San Francisco for Matson Navigation as well as Hansell Associates, a personnel firm.
I was the son and grandson of pioneering pharmacists in Rock Rapids, Iowa. (Population: 2,800. Slogan: “Brugmann’s Drugs. Where drugs and gold are fairly sold. Since l902.”) I had the newspaper background, starting at age l2 writing for my hometown Lyon County Reporter (under the third-generation Paul Smith family); going on to the campus paper (which we called the Rag) and then the Lincoln Star (under liberal city editor “Sterl” Earl Dyer and liberal editor Jimmy Lawrence); getting a master’s degree in journalism at Columbia University in New York City; and then working at Stars and Stripes in Korea (dateline: Yongdongpo), the Milwaukee Journal (where I got splendid professional training at one of the top 10 daily papers in the country), and the Redwood City Tribune (where I plowed into some of the juicy Peninsula scandals of the mid-l960s in bay fill, dirt hauling, and the classic Pacific Gas and Electric Co.–Stanford University Linear Accelerator battle). To those who ask how Jean and I have worked together for 40 years, I just say we have complementary abilities: she handles the bank, and I handle PG&E.
Not only did I find my partner at the University of Nebraska, but I also got the inspiration for the Guardian. In fact, I can remember the precise moment of truth that illuminated for me the value of an alternative paper in a city with a monopoly daily press (then, in Lincoln, a JOA between the afternoon Lincoln Journal and the morning Lincoln Star) that was tied into the local power structure, then known as the O Street gang (the local business owners along the downtown thoroughfare O Street). The O Street gang was so quietly powerful that it once decided to fire the Nebraska football coach before anyone bothered to notify the chancellor.
As a liberal Rag editor in the spring of 1955, I had just put out an important front-page story on how one of the most controversial professors on campus, C. Clyde Mitchell, who had been under fire for years from the conservative Farm Bureau and others because of his liberal views on farm policy, was being quietly axed as chair of the agricultural economics department.
We had gotten the tip from one of Mitchell’s students and had confirmed it by talking to professors in his department who had attended the meeting where the quiet firing was announced by Mitchell’s dean. Our lead story was headlined “Ag Ex Chairman Mitchell said relieved of post, outside pressures termed cause.” And I wrote a “demand all the facts” editorial arguing in high tones that “any attempt to make professors fair game for irresponsible charges, any attempt by pressure groups unduly to influence the academic position of university personnel … is an abridgment of the spirit of academic freedom and those principles of free communication protected by the Constitution and the Bill of Rights.” It was a bombshell.
The Lincoln Journal fired back immediately with a classic daily front-page story seeking to “scotch” the nasty rumors started by that pesky Rag on the campus. The story had all the usual recognizable elements: it did not independently investigate, did not quote our story properly, did not call us for comment, took the handout denial from the university public relations office, and put it out without blushing. Bang, that was to be the end of it, on to the next press release from the university.
It made me mad. I knew our story was right, the daily story was wrong, and the story was important and needed to be pursued. And so I stoked up a campaign for the rest of the semester that ultimately emboldened Mitchell to make formal charges that the university had violated his academic freedom. He gave us the scoop for two rousing final editions of the Rag. The proper academic committee investigated and upheld Mitchell but dragged the case out and waited until I graduated to release the report.
Against the power structure and against all odds, Mitchell, the Rag, and I had won the day and an important victory on behalf of academic freedom in a conservative university in a conservative state during the McCarthy era. During this battle I learned how the power structure fights back against aggressive editors. At the height of my campaign defending Mitchell, I was kept out of the Innocents Society, the senior men’s honorary society, although my four subeditors and managers all made it in. The blackball, the campus rumor went, came directly from the regents president, J. Leroy Welch, then president of the Omaha Grain Exchange (known to our readers as the “Old Grain Head”), via the chancellor via the dean of men.
I am forever indebted to them. They taught me at an impressionable age about the power of the alternative press and why it is best exercised by an independent paper on major power structure issues. They also taught me a lot about press freedom, which they were trying to grab from the Rag and me, and how we had to fight back publicly and with gusto.
When Jean and I founded the Guardian, we did so in the spirit of my old Rag campaigns. In fact, we borrowed the line from the old Chicago Times and put it on our masthead: “It is a newspaper’s duty to print the news and raise hell.” We wanted a paper that would be willing and able to do serious watchdog reporting and take on and pursue the big stories and issues that the monopoly dailies ignored — and then were ignored by the radio, television, and mainstream media that take their news and policy cues from the Ex and Chron. In JOA San Francisco that was a lot of stories, from the PG&E Raker Act scandal to the Manhattanization of the city to the theft of the Presidio to the steady conservative downtown drumbeat on such key issues as taxes, social justice, the homeless, privatization, war and peace, and endorsements.
Significantly, because of our independent position and credibility, we were able to lead tough campaigns on public power, kicking PG&E out of a corrupted City Hall and putting a blast of sunlight on local government with the nation’s first and best Sunshine Ordinance and Sunshine Task Force.
Our first big target in our prototype issue was the Ex-Chron JOA agreement, which we portrayed in an editorial cartoon as two gigantic ostrich heads coming out of a single ostrich body, marked in the belly with a huge dollar sign. Our editorial laid out the argument that we have used ever since in covering the local monopoly and in positioning the Guardian as the independent alternative. “What the public now has in San Francisco, as it does in all 55 or so of 1,461 cities with dailies, is a privately owned utility that is constitutionally exempt from public regulation, which would violate freedom of the press. This is bad for the newspaper business and bad for San Francisco.”
The Guardian prospectus, used to raise money for the paper, bravely put forth our position: “A good metropolitan weekly, starting small but speaking with integrity, can soon have influence in inverse proportion to its size. There is nothing stronger in journalism than the force of a good example.”
It concluded, “The Guardian can succeed, despite the galloping contraction of the press in San Francisco, because there are many of us who feel that the newspaper business is a trade worth fighting for. That is what this newspaper is all about.” And we quoted the famous phrase used by Ralph Ingersoll in the prospectus for his famous PM newspaper in New York: “We are against people who push other people around.”
Our journalistic points were embarrassingly timely. A year before the Guardian was launched, Hearst and the Chronicle had formed the JOA with the Examiner and killed daily newspaper competition in San Francisco. The two papers combined all their business operations — one sales force sold ads for both, one print crew handled both editions, one distribution crew handled subscriptions and got both papers out on the streets. The newsrooms were supposedly separate — but as we pointed out over and over at the time and ever after, the papers lacked any economic incentive to compete.
The San Francisco JOA became the largest and most powerful agreement of its kind in the country, and San Francisco was the only top-10 market in the country without daily competition.
This was all grist for the Guardian editorial mills because the JOAs, most notably the recent SF JOA, were in serious legal trouble. The US attorney general was successfully prosecuting a JOA in Tucson, Ariz., claiming the arrangement was a violation of antitrust laws. Naturally, the local papers were blacking out the story. But if the Tucson deal was found to be illegal, the Chron and Ex merger would be illegal too — and the hundreds of millions of dollars the papers were making off the arrangement would be gone.
The JOA publishers, led by Hearst and the Chronicle, quietly started a major lobbying campaign in Washington for emergency passage of a federal law that would retroactively legalize their illegal JOAs. They called it the Newspaper Preservation Act. Meanwhile, the late Al Kihn, a former camera operator for KRON-TV (which was at the time owned by the Chronicle), had prompted the Federal Communications Commission to hold hearings on whether the station’s license should be renewed. His complaint: his former employer was slanting the news on behalf of its corporate interests. We pounced on these stories with relish.
For example, in our May 22, 1969, story “The Dicks from Superchron,” we disclosed how private detectives under hire by the Chronicle were probing Kihn’s private life and seeking to gather adverse information about him to discredit his complaint and to “harass and intimidate him,” as we put it. Later, I found that the Chronicle-KRON had also hired private detectives to get adverse information on me.
I was a suspicious character, I guess, because I had gone to the KRON building to check the station’s public FCC file on the Kihn complaints, the first journalist ever to do so. The way the story came out at a later hearing was that the station’s deputy director left the room as I was going through the records and called Cooper White and Cooper, then the Chronicle’s law firm. An attorney called their investigators, and four cars of detectives were pulled off other jobs and ordered to circle the building until I came out and then follow me when I left the station to return to my South of Market office. They also surveilled me for several months and even sent a detective into the office posing as a freelance writer. (The head of the detective agency and I later became friends, and he volunteered that I was “clean.” He gave me a pillow with a large eye on it that said “You are being watched.” I displayed it proudly in my office.)
Kihn and I were asked to testify before a Senate committee about the Chronicle-KRON’s use of private detectives at hearings on the Newspaper Preservation Act in Washington in June 1969. I took the occasion to call the legislation “the bill for millionaire crybaby publishers.”
I detailed the subsidies in their special interest legislation: “amnesty, immunity from prosecution, monopoly in perpetuity, the legal right to gun down what few competitors remain, and as the maraschino cherry atop this double-decker sundae, anointment as the preservers and saviors of the newspaper business.” And I summed up, “If you plant a flower on University of California property or loose an expletive on Vietnam, the cops are out of the chutes like broncos. But if you are a big publisher and you violate antitrust laws for years and you emasculate your competition with predatory practices and you drive hundreds of newspapers out of business, then you are treated as one of nature’s noble men. And senators will rise like doves on the floor of the US Senate to proffer billion-dollar subsidies.”
After I finished, Sen. Everett Dirksen (R-Illinois) rose as the first dove and characterized my testimony as “quite a dramatic recital” but said that I had not provided a “workable, feasible solution.” Sen. Philip Hart (D-Michigan) recommended that the publishers ought to “read their own editorials and relate them to their business practices.” Morton Mintz, who covered the hearing for the Washington Post, came up and congratulated me. His story, with my picture and much of my testimony, was on the front page of the Post the next day.
Back in San Francisco the Chronicle published a misleading short story in which publisher Charles de Young Thieriot avoided admitting or denying the detective charge and added he had no further comment. Less than a week later, Thieriot wrote the Senate subcommittee and admitted to the charge, saying the use of the detectives was “entirely reasonable and proper.” This statement, which contradicted his statement in his own paper, was not reported in the Chronicle. The “competing” Examiner also reported nothing — neither the original private detective story nor the Washington testimony nor the Thieriot admission.
Nor did either paper report anything about the intensive JOA lobbying campaign headed by Hearst president Richard Berlin, who twice wrote letters to President Richard Nixon threatening the withdrawal of JOA endorsements in the l972 presidential election if he refused to sign the final bill. This episode illustrated in 96-point Tempo Bold the pattern of Ex and Chron suppression and obfuscation they used to advance their corporate agenda at the expense of the public interest and good journalism, all through the years and up to Hearst’s current monopoly maneuvers with Dean Singleton and the Clint Reilly antitrust suit to stop them.
Perhaps the most telling incident came when Nicholas von Hoffman, in his Washington Post column that was regularly run in the Chronicle, called the publishers “as scurvy as the special interests they love to denounce.” He singled out the Examiner and Chronicle publishers, writing that they were “so bad that the best and most reliable periodical in the city is the Bay Guardian, a monthly put out by one man and a bunch of volunteer helpers.” Neither paper would run the column, and neither paper would publish it as an ad, even when we offered cash up front. “The publisher has the right to refuse to run anything he wants, and he doesn’t have to give a reason,” the JOA ad rep told us. The Guardian of course gleefully ran the censored column and the censored ad in our own full-page ad.
On July 25, l970, the day after Nixon signed the Newspaper Preservation Act, the Guardian filed a major antitrust action in San Francisco attacking the constitutionality of the legislation and charging that the Ex-Chron JOA had taken the lion’s share of local print advertising, leaving only crumbs for other print publications in town. We battled on for five years but finally settled because the suit became too expensive. The Examiner and Chronicle continued to black out or marginalize the story, but they and the other JOA papers gave Nixon resounding endorsements in the l972 election even though he was heading toward Watergate and unprecedented disgrace.
Well, in October 2006 the mainstream press is a different creature. Hearst and publisher Dean Singleton are working to destroy daily competition and impose a regional monopoly. The Knight-Ridder chain is no more, and the McClatchy chain has turned the KR remains into what I call Galloping Conglomerati. Even some alternatives, alas, are now getting chained. Craigslist has become a toxic chain. Google, Yahoo!, and Microsoft (known as GYM in the online world) are poised to swoop in on San Francisco and other cities throughout the land to scoop up the local advertising dollars and ship them as fast as possible back to corporate headquarters on a conveyor belt.
I am happy to report on our 40th anniversary that the Guardian is aware of the challenge and is gearing up in the paper and online to compete and endure till the end of time, printing the news and raising hell and forcing the daily papers to scotch the rumors coming from our power structure exposés and our watchdog reporting. The future is still with us and with our special community and critical mission, in print and online. See you next year and for 40 more. SFBG
STOP THE PRESSES: As G.W. Schulz discloses in “A Tough Pill to Swallow,” (a) Hearst Corp. was fined $4 million in 200l by the Justice Department for failing to turn over key documents during its monopoly move to purchase a medical publishing subsidiary, the highest premerger antitrust fine in US history, according to a Justice Department press release; (b) Hearst was also forced by the the Federal Trade Commission to unload the subsidiary to break up its monopoly and disgorge $l9 million in profits generated during its ownership; (c) Hearst-owned First DataBank in San Bruno was alleged in the summer of 2005 to have inflated drug costs by upward of $7 billion by wrongly presenting drug prices, according to a lawsuit reported in a damning lead story in the Oct. 6 Wall Street Journal. Hearst blacked out the stories. And the Dean Singleton chain circling the Bay Area hasn’t pounced on the stories as real daily competitors used to do with fervor.
STOP THE PRESSES 2: SOS alert to the city and business desks of the “competing” Hearst and Singleton papers: here are the links to the key documents cited in our stories, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

Or you can read the Guardian each week in print or online.

Politics, beauty, and hope in the Guardian’s arts pages


Forty years of fighting urbicide — and promoting a very different vision of a city

Editors notes

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› tredmond@sfbg.com
There’s something scary happening in Bayview–Hunters Point, and it’s not the redevelopment bulldozers.
For some reason that I find hard to understand, community leaders like Willie Ratcliff and Marie Harrison, who are opposed to the Redevelopment Agency’s plan for that neighborhood, have signed on with a frightening gang of radical right-wing property rights advocates. The result: Harrison was standing at an antiredevelopment rally last week urging voters to support Proposition 90, almost certainly the worst piece of legislation to face California voters since Proposition 13 devastated local government in 1978.
Prop. 90 would indeed limit the ability of government agencies to seize private land for other private projects. That’s why the redevelopment foes like it. But it goes much, much further. Under Prop. 90, no local government could do anything — anything — that might reduce the value of private land without paying the owner compensation. That means no new tenant protection laws (which could cost a landlord money). No more zoning laws that reduce the maximum development potential of a lot (of course, that means no zoning controls against luxury condos that would displace local business and residents in Bayview). No new environmental or workplace safety laws.
It also places a swift and powerful kick to the midsection of any effort to seize Pacific Gas and Electric Co.’s local grid and create a real public power system; under Prop. 90’s rules, that would be prohibitively expensive.
I talked to Harrison about this, and she told me she “didn’t read the law that way.” But this isn’t just a matter of opinion; it’s clear fact, and everyone with any sense realizes it.
It gets worse: I was at a New College event Sept. 29 when Renee Saucedo, the immigrant rights lawyer, asked everyone to vote yes on 90. She told me she trusted Ratcliff and Harrison.
Prop. 90 is almost unimaginably bad. If its supporters can make inroads in San Francisco, I’m very afraid. SFBG

Tidal (public) power

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EDITORIAL Mayor Gavin Newsom, perhaps looking for a big issue to bring to a star-studded environmental meeting in New York City last week, suddenly discovered the value of tidal energy. There’s actually nothing new about the idea: although Newsom didn’t give anyone but himself credit, the plan was first floated by Matt Gonzalez in the 2003 mayor’s race. It was picked up by Supervisors Jake McGoldrick and Ross Mirkarimi and has been on the agenda at Mirkarimi’s Local Area Formation Committee (LAFCo) for more than a year.
But whatever — if the mayor’s on board, fine. There’s a tremendous amount of potential in the concept — huge amounts of renewable energy with little significant environmental impact (and no greenhouse gases). The technology appears to be available, and there’s every reason for the city to move forward rapidly — as long as the power generator is owned, operated, and totally controlled by the city. And that’s not at all guaranteed.
A pilot project would cost about $10 million — peanuts compared to the revenue potential but a chunk of change nonetheless. Newsom, who is looking for state money, is also considering the possibility of seeking private-sector partnerships. And one company that has its greedy eye on the potential energy in the ocean tides is Pacific Gas and Electric.
PG&E is trying desperately to buff up its tarnished image, spending millions on slick ads promoting itself as a green company. It’s crap: among other things, PG&E still operates a nightmare of a nuclear plant on an earthquake fault in San Luis Obispo and is trying to get the plant’s operating license extended. But environmentalism sells in California, and the state’s largest and most rapacious private utility has no shame.
The San Francisco Chronicle reported Sept. 19 that city officials were negotiating with “a number of companies that could help run the turbines and cover the costs” and added that “Pacific Gas and Electric Company is among them, said Jared Blumenfeld, director of the city’s Department of the Environment.” Blumenfeld told us he was misquoted and that officials are only discussing with PG&E the prospects for connecting to the PG&E-owned grid in the city.
But Blumenfeld explained that a private company called Golden Gate Energy already has a federal license to develop tidal energy in the San Francisco Bay — and PG&E has a stake in that venture. The Golden Gate Energy license expires in 2008, and it’s unlikely the company will be able to start work by then, Blumenfeld said. Given that nobody actually has a working model of a tidal generator of this scale, that’s probably true.
Still, it shows that PG&E isn’t going to give up easily on the idea of owning or running what could be a source of energy that could power a sizable percentage of San Francisco. The reason is obvious: if the city operates the tidal power plant, it will be a huge boost for public power. Between tides, $100 million worth of solar energy that’s in the pipeline, and the Hetch Hetchy dam, San Francisco would come pretty close to generating enough renewable energy to power the whole town — and PG&E could be tossed entirely out of the picture.
Of course, that assumes that the city is serious about creating a full-scale public power system, which involves taking over PG&E’s transmission grid. Newsom says he supports public power. So does Susan Leal, general manager of the San Francisco Public Utilities Commission. But while both are ready to cough up $150,000 for a study into the benefits of tidal power (and a possible $10 million for a pilot project), neither has ever been willing to spend a penny for a study into the costs and benefits of taking over the grid.
Mirkarimi told us that LAFCo will begin hearings on tidal power next month and get to the bottom of what the mayor has in mind. The supervisors should allow no shadow of doubt about the policy for pursing this energy source: it can only be done as part of a larger plan to bring public power to the city — and if PG&E or any other private energy company has even the tip of a finger anywhere near it, the deal is dead in the water. SFBG

EDITOR’S NOTES

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› tredmond@sfbg.com
I was out of town when Sue Bierman died Aug. 6, her car crashing into a Dumpster near her Haight Ashbury home, in the neighborhood she loved. I was out of cell phone range and had no real Internet access, and the papers in Upstate New York didn’t carry the story. So I didn’t learn until I got home that San Francisco had lost one of its most vibrant, funny, warm, and passionate political voices.
Bierman, a native of Fremont, Neb., arrived in San Francisco in 1950. She was part of the first generation of urban environmentalists and was there at the birth of a movement that would change American cities forever.
The city that Sue Bierman adopted as her home was still largely a human-scale metropolis, a town coming out of World War II with a mix of blue-collar industry, a thriving waterfront, and a diverse population.
Her tenure as an activist tracked almost perfectly with the postwar assault on San Francisco by greedy real estate developers, speculators, and politicians who carried their water. She was part of the infamous freeway revolt, the successful effort by Haight residents to block a new elevated freeway that would have soared over part of Golden Gate Park. She was an early member of the anti–high rise crew that realized how intensive downtown development was going to turn San Francisco into another Manhattan. And when the late mayor George Moscone appointed her to the Planning Commission, she was a lonely voice for sanity through 16 years of development madness.
I first met her in 1983 when I was a young reporter covering planning and she was the only member of the commission who would ever come out against any major high-rise project. Over and over, she lost 6–1 votes.
When she was elected supervisor in 1990, she was not only a staunch environmentalist and neighborhood advocate but one of the few on the board at the time who really understood public power: as she would constantly remind her colleagues, she came from a state where electricity could never be sold by private entities for private profit.
And through year after year of brutal defeats, she kept not only her spirit but her sense of humor — and her personal warmth. She had none of the bitter anger that a lot of us took from that era. In fact, even when I criticized her both in private and in print for her loyalty to Willie Brown, she remained a friend. She never once had a harsh word to say to me.
A part of San Francisco passed when she died.
In other news: Supervisor Bevan Dufty insists he hates negative politics and won’t attack other candidates. And yet, the following appeared in Matier and Ross on Aug. 20:
“The campaign is barely under way, and already the mud balls are being lobbed. In this case, it’s a 1995 news clip from the Chicago Tribune describing how [Dufty opponent Alix] Rosenthal, then a 22-year-old senior at Northwestern University, abruptly resigned as student body president rather than face an impeachment hearing over a campaign finance scandal.
“Her sin: Exceeding the campaign spending limit by $26.06.”
Well, somebody dredged that up and leaked it to the press. Anyone you know, Bevan? SFBG
A memorial service for Bierman is set for Sept. 3 from 2 to 4 p.m. at Delancey Street Foundation, 600 Embarcadero, San Francisco.

Public power returns

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EDITORIAL Just when it looked like the public power movement had stalled, along comes the San Francisco Public Utilities Commission with a surprise announcement that it will create a public power demonstration project in the most appropriate part of town and reinvigorate efforts to kick Pacific Gas and Electric out of the city.
The agency has tentatively cut a deal to provide power directly to the 1,600 housing units and businesses that Lennar Homes is about to start building on Parcel A of the Hunters Point Naval Shipyard — bringing clean, green (it comes from city hydroelectric and solar projects), affordable public power to a part of town that has long been besieged with environmental injustices.
We commend director Susan Leal and the rest of the SFPUC for this project and their promise to do the same thing on Treasure Island, once that property is officially in San Francisco’s jurisdiction. SFPUC officials say they’ll be able to beat PG&E’s rates while delivering power that is more environmentally sustainable than what we’re getting from the company’s aging fossil fuel plants.
The agency is now finalizing details with Lennar and waiting for PG&E to sign an interconnection agreement to transfer city power to the site, something that federal law requires the company do for a “reasonable” fee. If all goes well, the contract will go to the Board of Supervisors for approval in a couple months, creating the first living example of how the city would be better off without PG&E.
As such, we fully expect the company to try to sabotage the deal, so we urge all city officials to help shepherd this one to completion. Mayor Gavin Newsom should help make sure Lennar doesn’t get cold feet, City Attorney Dennis Herrera should be ready to fight if need be, and the SFPUC should be on the lookout for more such projects. Good work! SFBG

Can Werbach reform Wal-Mart?

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EDITORIAL Those with power rarely use it to help the powerless: workers, foreigners, or the planet. That’s why we’re fascinated by the green noises that we’re starting to hear from übercorporation Wal-Mart and with its decision to hire our hometown environmental heavy hitter Adam Werbach, a move that reporter Amanda Witherell explores in this week’s cover story (see “An Unbelievable Truth,” page 15).
We’re skeptical of Wal-Mart’s motives and commitment to putting the planet before profits, so we truly hope that Werbach hasn’t been co-opted into a greenwashing effort. But because of the positive potential in this arrangement, we’re willing to trust Werbach’s judgment. In turn, we urge him to remember his roots and expect him to document his experience inside Wal-Mart and blow the whistle if Wal-Mart isn’t honoring its promises.
Let’s take a minute to look at the timing and potential of this. Wal-Mart is on the ropes even though it’s the undisputed heavyweight champion of the world. The activists and communities that oppose it are banding together like never before. And they’re getting bolder in that opposition, such as when the city of Hercules earlier this year used eminent domain to seize land from Wal-Mart rather than allow a store in its community.
Wal-Mart has also lost some political clout. First it lost its most supportive Democrat when fellow Arkansan Bill Clinton left the White House. The Republican Party it sponsors is also likely to lose ground in the midterm elections, just as the country’s trade deficit hits record levels.
People are also waking up to the fact that Wal-Mart’s poverty-level wages and lack of good health insurance end up being subsidized by taxpayers. And there very well could bubble up a backlash against the kinds of obscene wealth-hording being pushed by Wal-Mart’s Walton family and others, as reporter George Schulz also details in this issue (see “Shackling the Tax Man,” page 11).
Finally, consider two high-profile media moments from this summer that put more pressure on Wal-Mart. The Al Gore film An Inconvenient Truth has succeeded in placing global warming near the top of people’s concerns. This pressing environmental problem is made much worse by Wal-Mart’s practice of importing and distributing goods all over the planet.
The other was a widely circulated essay in the July issue of Harper’s Magazine, “Breaking the Chain,” which made a strong case for the federal government bringing an antitrust action against Wal-Mart and smashing the chain to pieces. The article focused not on the widely discussed environmental and labor arguments, but on how Wal-Mart’s market power and the way it wields it hurts the economy and other businesses because it can dictate terms to all of its suppliers, a concept known as monopsony power.
So we all have good reason to believe that Wal-Mart executives and their newfound concerns for the people and the planet aren’t just motivated by altruism. And this corporation has a long way to go before anyone should believe its executives intend to transform it into a force for good. We simply don’t trust Wal-Mart and don’t think anyone else should either.
Ah, but what if? That’s the question that will cause us to hold our fire for now and watch to see whether Wal-Mart’s actions follow its rhetoric. Given Wal-Mart’s monopsony power over suppliers and near monopoly power over consumers, this corporation has the power to force substantial changes in the wasteful and overly consumptive habits of the average American. The potential here is phenomenal.
Is Werbach the guy to help them realize that potential? Maybe. He’s been an inspiring and effective crusader for economic and social justice for most of his life, which is why we were thrilled when Sup. Chris Daly snuck him onto the San Francisco Public Utilities Commission.
But in that role, he hasn’t been the bold visionary that we’d hoped for. Community Choice Aggregation, that baby step toward public power, moved way too slowly and didn’t go far enough, largely because Werbach failed to lead. And the movement for real public power has long been stalled, even on a commission that should be focused on kicking Pacific Gas and Electric out of San Francisco, although we’re pleased by the latest sign of life: the SFPUC is trying to offer public power from renewable sources on the former Hunters Point Naval Shipyard property (see “Public Power Play,” page 10).
Werbach needs to be a forceful and uncompromising advocate for Wal-Mart to radically change its business model, and if he hits serious roadblocks, he must be willing to quit and talk about his experience with the Guardian or another publication, no matter what the personal cost. SFBG

Public power: step one

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EDITORIAL Finally, after years of talk and a fair amount of delay, San Francisco is prepared to move forward and take a significant step toward public power. The supervisors are on board, the mayor’s on board — even the San Francisco Public Utilities Commission, which has never been much of an advocate for public power, seems to be on board.
So the goal now ought to be approving the Community Choice Aggregation program, putting it into action, and using it as a springboard to a real public power system.
Community Choice Aggregation creates the equivalent of an energy co-op. The city can buy power in bulk, directly from generators, and resell it to residents and businesses at lower rates than the private monopoly Pacific Gas and Electric charges. It will, of course, save the ratepayers some cash — and with PG&E’s soaring rates sucking hundreds of millions of dollars out of the local economy and hammering small businesses, that’s a great thing.
But the overall point of this ought to be getting the city into the business of selling retail electricity — and getting the public used to the idea that running an electric utility is something local government tends to do well. Public power cities all over California have lower rates and more reliable service than cities that deal with PG&E. PG&E’s public relations crew and expensive political consultants try to obscure that fact every time a full-scale public power measure goes on the ballot.
The problem is that CCA doesn’t entirely get San Francisco out of PG&E’s control. The giant utility still owns the lines, polls, and meters, so the city will have to pay to deliver its power through that system. If the system breaks down, we’ll have to rely on PG&E to fix it. And if PG&E continues to handle the billing functions, most residents may never realize that there’s been a dramatic change in the local grid.
As a first step, the supervisors need to demand that the city handle the billing functions, so that ratepayers see a bill coming from the city of San Francisco, not PG&E. That will reinforce the fact that this is public power and that the city, not the private monopoly, is responsible for the rate decrease.
Then public power advocates need to set a target date for another electoral campaign to kick PG&E out of town altogether. SFBG

No more dam discussion

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EDITORIAL The state Department of Water Resources released a long-awaited study July 19 concluding that restoring Hetch Hetchy Valley would cost at least $3 billion and possibly as much as $10 billion.
Let us put this in perspective.
The state of California is facing extreme pressure on its electrical grid because of record high heat. If this is an early sign of rapid and dramatic climate change (and that’s a very possible scenario), then the problem is going to get worse before it gets better. Most electricity in this country is generated by burning fossil fuels, which contributes to global warming, which puts more pressure on the grid…. It’s getting so bad that some desperate environmentalists, flailing around for answers, are starting to argue that nuclear power might be an option.
Renewable energy? Gee, the experts say: It’s just not financially feasible right now.
And with some very scary problems looming, the state is actually talking about tearing down a hydroelectric dam that provides clean electricity for 200,000 homes — and spending $10 billion to do it.
This is insanity.
The O’Shaughnessey Dam, which holds back the Hetch Hetchy reservoir, flooded a spectacular Sierra valley, breaking the heart of conservationist John Muir. Even the San Francisco Chronicle, which supported the dam and attacked Muir about 100 years ago, now agrees that it was a mistake.
But there’s a lot more to the story. For starters, the compromise legislation that gave San Francisco the right to build the dam required the city to use it as the centerpiece of a public power system — a legal mandate that the city defies to this day. As long as the dam is generating power, it offers a huge opportunity for San Franciscans to get out from under the private power monopoly of Pacific Gas and Electric Co. And while hydroelectric dams have serious environmental problems, they don’t create greenhouse gases — and a dam that’s been around this long is actually a fairly ecologically sound way to generate power.
The price tag for wiping out the dam is staggering — and from a purely environmental perspective, spending that cash on this scheme would be a gigantic mistake. For $10 billion, California could undertake a huge crash program in developing renewable energy, spurring a lucrative industry that would create tens of thousands of jobs. With that kind of money behind it, solar power would not only be competitive, it would be cheaper than other forms of electricity. And the state would be leading the nation into a new era of safe, clean power.
Sure, in 50 years when solar, wind, and tidal power provide 90 percent of the state’s energy needs, and California has joined Nebraska in outlawing private electric utilities, and there’s money to burn … then restoring Hetch Hetchy Valley will be a fine idea. But for now it’s time to put this foolishness to rest. San Francisco — which, after all, owns the dam — should take the lead here. The supervisors should pass a resolution stating that the city will not consider any further proposals to tear down the dam — at least not until the city’s and nation’s energy policies have advanced a long way in a very different direction. SFBG

Don’t give the tides to PG&E

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EDITORIAL It’s been three years since former supervisor Matt Gonzalez suggested that the city build a tidal energy plant, but the mayor is finally catching on. Gavin Newsom told the Chronicle editorial board last week that a new study shows San Francisco could generate a phenomenal amount of electricity from Ocean Beach waves and the tides under the Golden Gate Bridge. If it can be done without disturbing marine life, it’s a great idea — as long as the power stays in public hands.
The legal and philosophical case is simple: Nobody owns the tides, the wind, or the waves. The energy contained in these renewable resources is and should always be in the public domain. Economically it’s clear: Once the power plant is built, the energy would be free — and could be a tremendous boon to the city’s treasury and to local business.
Politically the issue is even stronger: San Francisco is the only city in the nation with a congressional mandate to operate a public–power system, and any new energy resources the city taps should be used to help extract residents and businesses from under the expensive private–power monopoly of Pacific Gas and Electric Company. So why is the mayor even considering other options?
According to the Chronicle’s Phil Matier and Andrew Ross, the mayor’s staff is looking at the possibility of allowing PG&E (or “a little-known Florida firm, operating as Golden Gate Energy, that has already landed a federal license to bring the ocean technology to the bay”) to build and operate the plant. That would be a near perfect repeat of the Hetch Hetchy scandal, the deal that kept public power generated from public water at a publicly built dam in a public national park (Yosemite) under the private control of PG&E.
The Board of Supervisors needs to weigh in on this quickly with a resolution stating that no private company can develop, control, or profit from energy generated through wind, tides, waves, or any other renewable resource in or around the city of San Francisco. And if Newsom tries to treat the Golden Gate tides the way his predecessors treated Tuolumne River water, it will be the worst moment of his political career. SFBG

Next: Shut down Mirant

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EDITORIAL It’s taken years, even decades of fighting, but the noxious, deadly Hunters Point power plant finally shut down this month. After a string of lies and broken promises, Pacific Gas and Electric Co. bowed to community pressure and pulled the switch May 15, stopping the flow of asthma-causing pollution from the ancient smokestacks and immediately offering cleaner air to a neighborhood that has been plagued by respiratory illness.

It was huge victory for groups like Greenaction, which has been pushing for a shutdown, and community leaders like Marie Harrison, who helped keep the plant on the political agenda. The deal they finally forced on PG&E: The company had to agree that as soon as state regulators agreed that San Francisco had adequate electricity sources without the plant, it would be closed.

And now it’s time to use the momentum to go after the other pollution-spewing power plant in the southeast Mirant Corp.’s Bayside behemoth. The Mirant plant not only spews pollution into the air, but it also causes extensive environmental damage to the bay. According to Communities for a Better Environment, the Mirant plant uses 226 million gallons of bay water every day for cooling. The water is sucked in, circulated to cool the turbines, and then discharged. The process stirs up sediments at the bottom of the bay that are laced with toxic mercury, dioxin, copper, and PCBs and then those sediments are drawn into the plant, whirled around, heated up, and sent back out into the bay, where they contaminate fish and generally wreak environmental havoc.

The old-fashioned cooling system doesn’t meet modern environmental standards, but Mirant wants to keep using it. There are alternatives including so-called dry cooling, which uses little water but the company doesn’t want to pay to retrofit the plant. Instead, Mirant has applied for an extension of its existing permit from the Regional Water Quality Control Board.

City Attorney Dennis Herrera filed an opposition brief, and a decision is pending. The water board should deny the permit and force Mirant to either abide by modern standards or close the place down.

In fact, that ought to be the endgame anyway: Mirant has never committed to shutting down the plant, even if it becomes unnecessary as a local power source. The Board of Supervisors should pass a resolution establishing as city policy the need to close the facility, and should demand that Mirant agree to a schedule to turn off its fossil-fuel power generation program as soon as the city can replace the energy with renewables.

This is exactly the sort of decision a public power agency could and would make and Mirant’s intransigence is another sound reason for San Francisco to proceed at full speed with plans to implement a full-scale public power system, in which elected officials, not private corporations, control the city’s energy mix. SFBG

SFPUC: Get on the stick

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EDITORIAL The goal of San Francisco’s energy policy ought to be to remove all private interests from the generation, distribution, and sale of electric power, and the fastest way to get there is to condemn, buy out, and municipalize Pacific Gas and Electric Co.’s local grid. But community-choice aggregation a system under which the city acts as the equivalent of a buyer’s cooperative and purchases power in bulk to resell at a discount to consumers is a good first step.

Even Mayor Gavin Newsom seems to realize that. Under pressure from CCA advocates, including Sup. Tom Ammiano, Newsom has earmarked $5 million in his next budget to begin implementing an aggregation system that the Local Agency Formation Commission (LAFCO), under chair Ross Mirkarimi, has been putting together.

Now it seems the last roadblock is the San Francisco Public Utilities Commission, whose members suddenly and unexpectedly had issues with the budget allocation when it came up a couple of weeks ago. They wanted more information. They wanted to hold hearings. We understand their concerns CCA is complex and important, and it has to be done right.

But the SFPUC should have been the lead agency pushing for public power years ago. The commissioners should have been holding hearings long ago on the high costs of PG&E power, on the city’s legal mandate to run a public-power system, and on the value of CCA. They should have been pushing the mayor to allocate a few million dollars for a full public power feasibility study and pushed for this CCA allocation as part of their regular budget discussions.

Instead, it’s been up to the supervisors to analyze, promote, and advocate for the program, and it’s been Ammiano, Mirkarimi, and the LAFCO people who have done most of the work.

It’s really annoying that the mayor is willing to put up $5 million for CCA when advocates have had to fight tooth and nail for a few hundred thousand dollars for a municipalization study. But it’s the first time in decades that any mayor has done anything but stand in the way of anything that looked even a tiny bit like public power, so it’s a historic moment (of sorts). The SFPUC needs to actively support this project and begin talking about the next step how to get rid of PG&E for good. SFBG

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tredmond@sfbg.com

Editor’s notes

I used to say San Francisco politics was a contact sport, but these days I think it’s more of a steel-cage match, which is generally fine with me. I have no beef with blood sport, and most of us are consenting adults who chose of our own free will to participate in this high-stakes game. But even ugly fights have unwritten rules, and one of them is that you don’t make disparaging comments about people’s gender, race, or sexual orientation. It’s just not OK.

I mention this because there’s a pretty serious furor in the queer community over an attack by developer Joe O’Donoghue on transgender activist Robert Haaland.

Ol’ Joe, who also likes to think of himself as a poet, is fighting with Haaland over Proposition D, which would bar the city from sending some mentally ill people to Laguna Honda hospital (and would, as an aside, rezone lots of city-owned land for private nursing homes). Haaland works for the big city-employee union, Local 790, which is campaigning against Prop. D; O’Donoghue, who is a major backer of the measure, has decided to personalize the campaign. In a lyrical missive that’s been widely distributed, O’Donoghue refers to "our transfigured Robert" and (in the not-so-subtle cloak of biblical language) suggests that Haaland is a bitter and angry human being because he was born a woman. Another letter refers to Haaland as "Robbi" and threatens to donate to the Prop. D campaign the same amount of money as the city had to pay to Haaland to settle a transgender police-harassment case. It’s actually pretty vicious stuff.

Some queer leaders are arguing that there ought to be a city law banning political "hate speech," which is entirely the wrong approach: You can’t outlaw any kind of speech without bad First Amendment problems. But we all can, and should, tell O’Donoghue (whose political statements are getting increasingly mean-spirited and personal) that he’s crossed a very big line and that if he’s going to pull shit like this, he’s no longer welcome in local politics. The guy has a lot of campaign money to throw around, and it’s tempting even for folks on the left to take it. But every decent San Franciscan ought to tell him to take a hike.

Now this: I’ve enjoyed all the historical stuff in the San Francisco Chronicle and the San Francisco Examiner about the 1906 earthquake, but everyone’s leaving out one of the best parts. It was the failure of the private Spring Valley Water Company to maintain its pipes that helped doom firefighting efforts and that was a big factor in the passage of the Raker Act, which gave the city a public water system. Of course, the Raker Act also required us to run a public power system, which (as I’ve probably mentioned a time or two) has been blocked by Pacific Gas and Electric Co. all these years.

And this: The axes are falling with fury over at the Village Voice, where longtime Washington bureau chief Jim Ridgeway one of the top alternative press reporters in the country was canned the first week in April, and writer Jennifer Gonnerman resigned. Sydney Schanberg, the Pulitzer Prizewinning media columnist, had already left, and the Bush Blog had been canceled. All of this drew the attention of Democracy Now, which did a lengthy report April 13. They even got me out of bed at 5:30 a.m. to join the East Coast discussion. Somehow, though, nobody from the Phoenix-based New Times crew that just bought the Voice was available for comment. Chickens. >SFBG

For a full transcript, go to www.sfbg.com.

Film: Critic’s Choice: ‘San Francisco’s Broken Promise’

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Thurs/29, Delancey Street Screening Room

WHEN A GROUP  of Modesto Junior College students began looking into what Bay Guardian editor and publisher Bruce B. Brugmann calls "the biggest scandal in American history involving a city," most of them knew nothing about Hetch Hetchy Valley, and none of them had ever heard of the Raker Act. But spurred by a series of Bay Guardian stories and led by their instructor, Carol Lancaster Mingus, a veteran public television producer, they spent 17 weeks researching the story, doing interviews, and putting together archival footage. The result, San Francisco’s Broken Promise, is a remarkably clear, cogent account of how Pacific Gas and Electric Co. kept public power out of San Francisco. In just half an hour, the documentary summarizes one of the great stories in the city’s history, hitting all the major points. It describes how the fight over the damming of Hetch Hetchy Valley was the first major nationwide environmental battle, how the Sierra Club and John Muir fought to save the spectacular twin of Yosemite Valley twin, and how Congress agreed to let San Francisco build the dam, but only with a very specific condition: The dam had to generate electricity, and that cheap, public power had to be used to keep PG&E’s monopoly out of town. Obviously, the Bay Guardian (and its editor-publisher) play a key role in the doc. But the real star is Joe Neilands, the retired UC Berkeley biochemistry professor who first got onto the story in 1969. Neilands describes in his calm, soft-spoken way how the entire premise behind the Raker Act has been actively violated for more than 80 years. In the end, the film is a bit soft on the "restore Hetch Hetchy" movement, which wants to tear down the dam (a move that would be a deadly blow to public power in the city). And I would have loved to see some Michael Moore-style confrontations of PG&E executives and key public officials (like US senator, and former SF mayor, Dianne Feinstein, who figures prominently in the story but gets away with simply "declining comment." But Mingus and the student crew do a fine job of telling a complex tale without the use of a narrator, just splicing together a series of interviews. The film provides a wonderful public service: It gives a solid primer on the immensely complicated story of a scandal involving hundreds of millions of dollars – and does it in a way that’s entertaining, understandable, and wrapped up in a 30-minute package. Screening this week as part of the San Francisco World Film Festival, San Francisco’s Broken Promise ought to be aired on KQED, on local cable, and in classrooms and meeting rooms all over the city, and it ought be considered a mandatory part of any local activist’s basic political education. Thurs/29, 5 p.m., 600 Embarcadero, SF. $10. Festival runs Thurs/29-Sun/2; call (415) 725-0009 or go to www.sfworldfilmfestival.com/festival.html for a complete schedule. (Tim Redmond)

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.”

SF’s economic future

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Sometime early this spring, while most of Washington, D.C. was watching the cherry trees bloom and thinking about the impending Iran-contra hearings, a few senior administration officials began discussing a plan to help domestic steel companies shut down underutilized plants by subsidizing some of the huge costs of pension plans for the workers who would be laid off.

The officials, mostly from the Departments of Labor and Commerce, saw the plan as a pragmatic approach to a pressing economic problem. With the steel industry in serious trouble, they argued, plant closures are inevitable — and since the federal government guarantees private pension plans, some companies will simply declare bankruptcy and dump the full liability on the taxpayers. Subsidies, they argued, would be a far cheaper alternative.

But the plan elicited sharp opposition from members of the Council of Economic Advisors, who acknowledged the extent of the problem but said the proposal was inconsistent with the Reagan economic philosophy. The problem, The New York Times reported, was that “such a plan would be tantamount to an industrial policy, an approach the president has long opposed.”

For aspiring conservative politicians, the incident contained a clear message, one that may well affect the terms of the 1988 Republican presidential debate. To the right-wing thinkers who control the party’s economic agenda, the concept of a national industrial policy is still officially off-limits. In San Francisco, the ground rules are very different. All four major mayoral candidates agree that the city needs to plan for its economic future and play a firm, even aggressive role in guiding the local economy. The incumbent, Dianne Feinstein, has established a clear, highly visible — and often controversial — industrial development policy, against which the contenders could easily compare and contrast their own programs.

The mayoral race is taking place at a time when the city is undergoing tremendous economic upheaval. The giant corporations that once anchored the local economy are curtailing expansion plans, moving to the suburbs and in many cases cutting thousands of jobs from the payroll. The once-healthy municipal budget surplus is gone. The infrastructure is crumbling and city services are stressed to the breaking point.

By all rights, the people who seek to lead the city into the 1990s should present San Francisco voters with a detailed vision for the city’s economic future, and a well-developed set of policy alternatives to carry that vision out.

But with the election just three months away, that simply isn’t happening. Generally speaking, for all the serious talk of economic policy we’ve seen thus far, most of the candidates — and nearly all the reporters who cover them — might as well be sniffing cherry blossoms in Ronald Reagan’s Washington.

“San Francisco’s major challenge during the next 15 years will be to regain its stature as a national and international headquarters city. This is crucial to the city because much of its economy is tied to large and medium-sized corporations….The major source of San Francisco’s economic strength is visible in its dramatic skyline of highrise office buildings.”

—San Francisco: Its economic future

Wells Fargo Bank, June 1987

“In San Francisco, you have the phenomenon of a city losing its big-business base and its international pretensions — and getting rich in the process.”

—Joel Kotkin, Inc. Magazine, April 1987

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IN MUCH OF San Francisco’s news media and political and business establishment these days, the debate — or more often, lament — starts with this premise: San Francisco is in a bitter competition with Los Angeles. At stake is the title of financial and cultural headquarters for the Western United States, the right to be called the Gateway to the Pacific Rim. And San Francisco is losing.

The premise is hard to deny. If, indeed, the two cities are fighting for that prize, San Francisco has very nearly been knocked out of the ring. Just a few short years ago, San Francisco’s Bank of America was the largest banking institution in the nation. Now, it’s third — and faltering. Last year, First Interstate — a firm from L.A. — very nearly seized control of the the company that occupies the tallest building in San Francisco. The same problems have, to a greater or lesser extent, beset the city’s other leading financial institutions. A decade ago, San Francisco was the undisputed financial center of the West Coast; today, Los Angeles banks control twice the assets of banks in San Francisco.

It doesn’t stop there. Los Angeles has a world-class modern art museum; San Francisco’s is stumbling along. The Port of San Francisco used to control almost all of the Northern California shipping trade; now it’s not even number one in the Bay Area (Oakland is). Looking for the top-rated theater and dance community west of the Rockies? San Francisco doesn’t have it; try Seattle.

Even the federal government is following the trend. A new federal building is planned for the Bay Area, but not for San Francisco. The building — and hundreds of government jobs — are going to Oakland.

In terms of a civic metaphor, consider what happened to the rock-and-roll museum. San Francisco, the birthplace of much of the country’s best and most important rock music, made a serious pitch for the museum. It went to Cleveland.

For almost 40 years — since the end of World War II — San Francisco’s political and business leaders have been hell-bent on building the Manhattan Island of the West on 49 square miles of land on the tip of the Peninsula. Downtown San Francisco was to be Wall Street of the Pacific Rim. San Mateo, Marin and the East Bay would be the suburbs, the bedroom communities for the executives and support workers who would work in tall buildings from nine to five, then head home for the evening on the bridges, freeways and an electric rail system.

If the idea was to make a few business executives, developers and real estate speculators very rich, the scheme worked well. If the idea was to build a sound, firm and lasting economic base for the city of San Francisco, one could certainly argue that it has failed.

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NOT EVERYONE, however, accepts that argument. Wells Fargo’s chief economist, Joseph Wahed, freely admits he is “a die-hard optimist.” San Francisco, he agrees, has taken its share of punches. But the city’s economy is still very much on its feet, Wahed says; he’s not by any means ready to throw in the towel.

Wahed, who authored the bank’s recent report on the city’s economic future, points to some important — and undeniable — signs of vitality:

* San Francisco’s economic growth has been well above both the national and state average during the 1980s — a healthy 3.67 a year.

* Per-capita income in San Francisco is $21,000 a year, the highest of any of the nation’s 50 largest cities.

* New business starts in the city outpaced business failures by a ratio of 5-1, far better than the rest of the nation. * Unemployment in San Francisco, at 5.57, remains below national and statewide levels (see charts).

San Francisco, Wahed predicts, has a rosy economic future — as long as the city doesn’t throw up any more “obstacles to growth” — like Proposition M, the 1986 ballot measure that limits office development in the city to 475,000 square feet a year.

John Jacobs, the executive director of the San Francisco Chamber of Commerce, came to the same conclusion. In the Chamber’s annual report, issued in January, 1987, Jacobs wrote: “The year 1986 has been an amusing one, with both national and local journalists attempting to compare the incomparable — San Francisco and Los Angeles — and suggesting that somehow San Francisco is losing out in this artificially manufactured competition. Search as one might, no facts can be found to justify that assertion.”

Wahed and Jacobs have more in common than their optimism. Both seem to accept as more or less given the concept of San Francisco as the West Coast Manhattan.

Since the day Mayor Dianne Feinstein took office, she has run the city using essentially the policies and approach championed by Wahed and Jacobs. Before San Franciscans rush to elect a new mayor, they should examine those strategies to see if they make any sense. After nearly a decade under Feinstein’s leadership, is San Francisco a healthy city holding its own through a minor downturn or an economic disaster area? Are San Francisco’s economic problems purely the result of national and international factors, or has the Pacific Rim/West Coast Wall Street strategy failed? Is the economy weathering the storm because of the mayor’s policies, or despite them? And perhaps more important, will Feinstein’s policies guide the city to new and greater prosperity in the changing economy of the next decade? Or is a significant change long overdue?

The questions are clear and obvious. The answers take a bit more work.

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SAN FRANCISCO’S economy is an immensely complex creature, and no single study or analysis can capture the full range of its problems and potential. But after considerable research, we’ve come to a very different conclusion than the leading sages of the city’s business community. Yes, San Francisco can have a rosy economic future — if we stop pursuing the failed policies of the past, cut our losses now and begin developing a new economic development program, one based on reality, not images — and one that will benefit a broad range of San Franciscans, not just a handful of big corporations and investors.

Our analysis of San Francisco’s economy starts at the bottom. Wells Fargo, PG&E and the Chamber see the city first and foremost as a place to do business, a market for goods and a source of labor. We see it as a community, a place where people live and work, eat and drink, shop and play.

The distinction is far more than academic. When you look at San Francisco the way Wells Fargo does, you see a booming market: 745,000 people who will spend roughly $19.1 billion on goods and services this year, up from $15.4 billion in 1980. By the year 2000, Wahed projects, that market could reach $229 billion as the population climbs to 800,000 and per-capita income hits $30,000 (in 1986 dollars), up from $18,811 in 1980. Employment has grown from 563,000 in 1980 to 569,000 in 1986. When you look at San Francisco as a place to live, you see a very different story. Perhaps more people are working in San Francisco — but fewer and fewer of them are San Franciscans. In 1970, 57.47 of the jobs in San Francisco were held by city residents, City Planning Department figures show. By 1980, that number had dropped to 50.77. Although more recent figures aren’t available, it’s almost certainly below 507 today.

Taken from a slightly different perspective, in 1970, 89.17 of the working people in San Francisco worked in the city. Ten years later, only 857 worked in the city; the rest had found jobs elsewhere.

Without question, an increase in per capita income signifies that the city is a better market. It also suggests, however, that thousands of low-income San Franciscans — those who have neither the skills nor the training for high-paying jobs — have been forced to leave the city. It comes as no surprise, for example that San Francisco is the only major city in the country to post a net loss in black residents over the past 15 years.

The displacement of lower-income residents highlights a key area in which San Francisco’s economy is badly deficient: housing. San Francisco’s housing stock simply has not kept pace with the population growth of the past five years. Between 1980 and 1984, while nearly 40,000 more people took up residence in the city, only 3,000 additional housing units were built.

Some of the new residents were immigrants who, lacking resources and glad to be in the country on any terms, crowded in large numbers into tiny apartments. Some were young, single adults, who took over apartments, homes and flats, bringing five of six people into places that once held families of three or four.

But overall, the impact of the population increase has been to place enormous pressure on the limited housing stock. Prices, not surprisingly, have soared. According to a 1985 study prepared for San Franciscans for Reasonable Growth by Sedway Cooke and Associates, the median rent for a one-bedroom apartment in 1985 was $700 a month. The residential vacancy rate was less than 17.

Housing is more than a social issue. A report released this spring by the Association of Bay Area Governments warns the entire Bay Area may face a severe housing crisis within the next two decades — and the lack of affordable housing may discourage new businesses from opening and drive existing ones away. When housing becomes too expensive, the report states, the wages employers have to pay to offset housing and transportation costs make the area an undesirable place to do business.

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WAHED’S WELLS FARGO report shows a modest net employment gain in San Francisco between 1980 and 1986, from 563,000 jobs to 569,000. What the study doesn’t show is that the positive job growth statistic reflects the choice of the study period more than it reflects current trends. In the late 1970s and early 1980s, San Francisco experienced considerable job growth. By 1981, that trend was beginning to reverse.

According to a study by Massachusetts Institute of Technology researcher David Birch, San Francisco actually lost some 6,000 jobs between 1981 and 1985. The study, commissioned by the Bay Guardian, showed that the decline occurred overwhelmingly to large downtown corporations — the firms upon which the Pacific Rim strategy was and is centered. Since 1981, those firms have cost the city thousands of jobs. (See The Monsters that Ate 10,000 jobs, Bay Guardian DATE TKTKTK).

Some of the firms — B of A, for example — were victims of poor management. Some, like Southern Pacific, were caught in the merger mania of the Reagan years. Others, however, simply moved out of town. And no new giants moved in to take their places.

What drove these large employers away? Not, it would appear, a lack of office space or other regulatory “obstacles” to growth: Between 1980 and 1985, San Francisco underwent the largest building boom in its history, with more than 10 million square feet of new office space coming on line. In fact, the city now has abundant vacant space; by some estimates, the vacancy rate for downtown office buildings is between 157 and 207.

The decision to move a business into or out of a city is often very complicated. However, Birch, who has done considerable research into the issue, suggests in the April 1987 issue of Inc. magazine that the most crucial concerns are what he calls “quality of life” factors. Quality-of-life factors include things like affordable family housing for employees; easy, inexpensive transit options and good-quality recreation facilities and schools — and good-quality local government. In many cases, researchers are finding, companies that need a large supply of “back office” labor — that is, workers who do not command executive salaries — are moving to the suburbs, where people who are paid less than executive salaries can actually afford to live.

“Today the small companies, not the large corporations, are the engines of economic growth,” Birch wrote. “And more often than not, small companies are growing in places that pay attention to the public realm, even if higher taxes are needed to pay for it.”

For the past 20 years, San Francisco has allowed, even encouraged, massive new highrise office development, geared to attracting new headquarters companies and helping existing ones expand. In the process, some basic city services and public amenities — the things that make for a good quality of life — have suffered.

The most obvious example is the city’s infrastructure — the roads, sewers, bridges, transit systems and other physical facilities that literally hold a modern urban society together. A 1985 report by then-Chief Administrative Officer Roger Boas suggested that the city needed to spend more than $1 billion just to repair and replace aging and over-used infrastructure facilities. Wells Fargo’s report conceeds that that city may be spending $50 million a year too little on infrastructure maintenance.

Some of that problem, as Boas points out in his report, is due to the fact that many city facilities were built 50 or more years ago, and are simply wearing out. But wear and tear has been greatly increased by the huge growth in downtown office space — and thus daytime workplace population — that took place over the previous two decades.

To take just one example: Between 1980 and 1984, City Planning Department figures show, the number of people traveling into the financial district every day increased by more than 10,000. Nearly 2,000 of those people drove cars. In the meantime, of course, the number of riders on the city’s Municipal Railway also increased dramatically. City figures show more than 2,000 new Muni riders took buses and light rail vehicles into the financial district between 1981 and 1984. Again, city officials resist putting a specific cost figure on that increase — however, during that same period, the Muni budget increased by one-third, from $149 million to $201 million. And the amount of General Fund money the city has had to put into the Muni system to make up for operating deficits rose by some 737 — from $59 million to $102 million.

The new buildings, of course, have meant new tax revenues — between 1981 and 1986, the total assessed value of San Francisco property — the city’s tax base — increased 767, from $20.3 billion to $35.8 billion. But the cost of servicing those buildings and their occupants also increased 437, from $1.3 billion to to $1.9 billion. In 1982, San Francisco had a healthy municipal budget surplus of $153 million; by this year, it was down to virtually nothing.

The city’s general obligation bond debt — the money borrowed to pay for capital improvements — has steadily declined over the past five years, largely because the 1978 Jarvis-Gann tax initiative effectively prevented cities from selling general obligation bonds. In 1982, the city owed $220 million; as of July 1st, 1987, the debt was down to $151 million.

However, under a recent change in the Jarvis-Gann law, the city can sell general obligation bonds with the approval of two-thirds of the voters. The first such bond sale — $31 million — was approved in June, and the bonds were sold this month, raising the city’s debt to $182 million. And this November, voters will be asked to approve another $95 million in bonds, bringing the total debt to $277 million, the highest level in five years.

The city’s financial health is still fairly sound; Standard and Poor’s gives San Francisco municipal bonds a AA rating, among the best of any city in the nation. And even with the new bonds, the ratio of general obligation debt to total assessed value — considered a key indicator of health, much as a debt-to-equity ratio is for a business — is improving.

But the city’s fiscal report card is decidedly mixed. For most residents, signs of the city’s declining financial health show up not in numbers on a ledger but in declining services. Buses are more crowded and run less often. Potholes aren’t fixed. On rainy days, raw sewage still empties into the Bay. High housing costs force more people onto the streets — and the overburdened Department of Social Services can’t afford to take care of all of them.

What those signs suggest is that, in its pell-mell rush to become the Manhattan of the West, San Francisco may have poisoned its quality of life — and thus damaged the very economic climate it was ostensibly trying to create.

MAYOR DIANNE FEINSTEIN’S prescription for San Francisco’s economic problems and her blueprint for its future can be summed up in four words: More of the same. Feinstein, like Wells Fargo, PG&E and the Chamber of Commerce, is looking to create jobs and generate city revenues from the top of the economy down. Her program flies in the face of modern economic reality and virtually ignores the changes that have taken place in the city in the past five years.

Feinstein’s most visible economic development priorities have taken her east, to Washington D.C., and west, to Japan and China. In Washington, Feinstein has lobbied hard to convince the Navy to base the battleship USS Missouri in San Francisco. That, she says, will bring millions of federal dollars to the city and create thousands of new jobs.

In Asia, Feinstein has sought to entice major investors and industries to look favorably on San Francisco. She has expressed hope that she will be able to attract several major Japanese companies to set up manufacturing facilities here, thus rebuilding the city’s manufacturing base and creating jobs for blue-collar workers.

Neither, of course, involves building new downtown highrises. But both are entirely consistent with the Pacific Rim strategy — and both will probably do the city a lot more harm than good.

Feinstein’s programs represent an economic theory which has dominated San Francisco policy-making since the end of World War II. In those days, the nation’s economy was based on manufacturing — iron ore from the ground became steel, which became cars, lawn mowers and refrigerators. Raw materials were plentiful and energy was cheap.

By the early 1970s, it was clear that era was coming to a close. Energy was suddenly scarce. Resources were becoming expensive. The economy began to shift gears, looking for ways to make products that used less materials and less energy yet provided the same service to the consumer.

Today, almost everyone has heard of the “information age” — in fact, the term gets used so often that it’s begun to lose its meaning. But it describes a very real phenomenon; Paul Hawken, the author of The Next Economy, calls it “ephemeralization.” What is means is that the U.S. economy is rapidly changing from one based manufacturing goods to one based on processing information and providing services. In the years ahead, the most important raw materials will be ideas; the goal of businesses will be to provide people with useful tools that require the least possible resources to make and the least possible energy to use.

In the information age, large companies will have no need to locate in a central downtown area. The source of new jobs will not be in manufacturing — giant industrial factories will become increasingly automated, or increasingly obsolete. The highways of the nation’s commerce will be telephone lines and microwave satellite communications, not railroads and waterways.

IF SAN FRANCISCO is going to be prepared for the staggering changes the next economy will bring, we might do well to take a lesson from history — to look at how cities have survived major economic changes in the past. Jane Jacobs, the urban economist and historian, suggests some basic criteria.

Cities that have survived and prospered, Jacobs writes, have built economies from the bottom up. They have relied on a large number of small, diverse enterprises, not a few gigantic ones. And they have encouraged business activities that use local resources to replace imports, instead of looking to the outside for capital investment.

A policy that would tie the city’s economic future to the Pentagon and Japanese manufacturing companies is not only out of synch with the future of the city’s economy — it’s out of touch with the present.

In San Francisco today, the only major economic good news comes from the small business sector — from locally owned independent companies with fewer than 20 employees. All of the net new jobs in the city since 1980 have come from such businesses.

Yet, the city’s policy makers — especially the mayor — have consistently denied that fact. As recently as 1985, Feinstein announced that the only reason the city’s economy was “lively and vibrant” was that major downtown corporations were creating 10,000 new jobs a year.

Almost nothing the city has done in the past ten years has been in the interest of small business. In fact, most small business leaders seem to agree that their astounding growth has come largely despite the city’s economic policy, not because of it. That situation shows no signs of changing under the Feinstein administration; the battleship Missouri alone would force the eviction of some 190 thriving small businesses from the Hunters Point shipyard.

San Francisco’s economic problems have not all been the result of city policies. The financial health of the city’s public and private sector is affected by state and federal policies and by national and international economic trends.

Bank of America, for example, is reeling from the inability of Third World countries to repay outstanding loans. Southern Pacific and Crocker National Bank both were victims of takeovers stemming from relaxed federal merger and antitrust policies. In fact, according to Wells Fargo, 21 San Francisco corporations have been bought or merged since 1975. Meanwhile, deep cutbacks in federal and state spending have crippled the city’s ability to repair its infrastructure, improve transit services, build low cost housing and provide other essential services.

To a great extent, those are factors outside the city’s control. They are unpredictable at best — and over the next ten or 20 years, as the nation enters farther into the Information Age, the economic changes with which the city will have to cope will be massive in scale and virtually impossible to predict accurately.

Again, the experiences of the past contain a lesson for the future. On of San Francisco’s main economic weaknesses over the past five years has been its excess reliance on a small number of large corporations in a limited industrial sector — largely finance, insurance and real estate. When those industries took a beating, the shock waves staggered San Francisco.

Meanwhile, the economic good news has come from a different type of business — businesses that were small able to adapt quickly to changes in the economy and numerous and diverse enough that a blow to one industry would not demolish a huge employment base.

But instead of using city policy to encourage that sector of the city’s economy, Feinstein is proposing to bring in more of the type of business that make the city heavily vulnerable to the inevitable economic shocks that will come with the changes of the next 20 years.

THE CANDIDATES who seek to lead the city into the next decade and the next economy will need thoughtful, innovative programs to keep San Francisco from suffering serious economic problems. Those programs should start with a good hard dose of economic reality — a willingness to understand where the city’s strengths and weaknesses are — mixed with a vision for where the city ought to be ten and 20 years down the road.

Thus far, both are largely missing form the mayoral debate.

For years, San Francisco activists and small business leaders have been complaining about the lack of reliable, up-to-date information on the city’s economy and demographics. The environmental impact report on the Downtown Plan — a program adopted in 1985 — was based largely on data collected in 1980. That same data is still used in EIRs prepared by the City Planning Department, and it’s now more than seven years out of date.

In many areas, even seven-year-old data is simply unavailable. Until the Bay Guardian commissioned the Birch studies in 1985 and 1986, the city had no idea where jobs were being created. Until SFRG commissioned the Sedway-Cooke report in 1985, no accurate data existed on the city’s labor pool and the job needs of San Franciscans.

Today, a researcher who wants to know how much of the city’s business tax revenue comes from small business would face a nearly impossible task. That’s just not available. Neither are figures on how much of the city’s residential or commercial property is owned by absentee landlords who live outside the city. If San Francisco were a country, what would its balance of trade be? Do we import more than we export? Without a huge research staff and six months of work, there is no way to answer those questions.

Bruce Lilienthal, chairman of the Mayor’s Small Business Advisory Commission, argues that the city needs to spend whatever money it takes to create a centralized computerized data base — fully accessable to the public — with which such information can be processed and analyzed.

A sound economic policy would combine that sort of information with a clear vision of what sort of city San Francisco could and should become.

What would a progressive, realistic economic development platform look like? We’ve put together a few suggestions that could serve as the outline for candidates who agree with our perspective — and as an agenda for debate for candidates who don’t.

* ADEQUATE AFFORDABLE HOUSING is essential to a healthy city economy, and in the Reagan Era, cities can’t count on federal subsidies to build publicly financed developments. Progressive housing experts around the country agree that, in a city under such intense pressure as San Francisco, building new housing to keep pace with demand will not solve the crisis alone; the city needs to take action to ensure that existing housing is not driven out of the affordable range.

Economist Derek Shearer, a professor at Occidental College in Los Angeles and a former Santa Monica planning commissioner, suggests that municipalities should treat housing as a scarce public resource, and regulate it as a public utility. Rents should be controlled to allow property owners an adequate return on their investment but prevent speculative price-gouging.

Ideally, new housing — and whenever possible, existing housing — should be taken out of the private sector altogether. Traditional government housing projects have had a poor record; a better alternative is to put housing in what is commonly called a land trust.

A land trust is a private, nonprofit corporation that owns property, but allows that property to be used under certain terms and conditions. A housing trust, for example, might allow an individual or family to occupy a home or apartment at a set monthly rate, and to exercise all rights normally vested in a homeowner — except the right to sell for profit. When the occupant voluntarily vacated the property, it would revert back to the trust, and be given to another occupant. The monthly fee would be set so as to retire the cost of building the property over it’s expected life — say, 50 years. Each new occupant would thus not have to pay the interest costs on a new mortgage. That alone, experts say, could cut as much as 707 off the cost of a home or apartment.

* DEVELOPMENT DECISIONS should be made on the basis of community needs. A developer who promises to provide jobs for San Franciscans should first be required to demonstrate that the jobs offered by project will meet the needs of unemployed residents of the city. Development fees and taxes should fully and accurately reflect the additional costs the project places on city services and infrastructure.

Land use and development decisions should also be geared toward meeting the needs of small, locally owned businesses — encouraging new start-ups and aiding the expansion of existing small firms.

* ECONOMIC DEVELOPMENT programs should encourage local firms to use local resources in developing products and services that bring revenue and wealth into the city instead of sending it to outside absentee owners and that encourage economic self-sufficiency.

Cities have a wide variety of options in pursuing this sort of goal. City contracts, for example, should whenever possible favor locally owned firms and firms that employ local residents and use local resources. Instead of just encouraging sculptured towers and flagpoles on buildings, city planning policies should encourage solar panels that decrease energy imports, rooftop gardens that cut down on food imports and utilize recycled materials that otherwise would become part of the city’s garbage problem. (Using recycled materials is by no means a trivial option; if all of the aluminum thrown away each year in San Francisco were recycled, it would produce more usable aluminum than a small-to-medium sized bauxite mine.)

Other cities have found numerous ways to use creative city policies to encourage local enterprise. In Minneapolis-St. Paul, for example an economic development agency asked the U.S. Patent Office for a list of all the patents issued in the past ten years to people with addresses in the Twin Cities area. The agency contacted those people — there were about 20 — and found that all but one had never made commercial use of the patents, largely for lack of resources. With the agency as a limited partner providing venture capital, more than half the patent owners started businesses that were still growing and expanding five years later. Some of those firms had actually outgrown their urban locations and moved to larger facilities out of town — but since the Twin Cities public development agency had provided the venture capital, it remained a limited partner and the public treasury continued to reap benefits from the profits of the businesses that had left town.

* CITY RESOURCES should be used to maximize budget revenues. For example, San Francisco currently owns a major hydroelectric power generating facility at Hetch Hetchy in Yosemite National Park. A federal law still on the books requires San Francisco to use that facility to generate low-cost public power for its citizens; that law, the Raker Act, has been honored only in the breach. That means every year PG&E takes millions of dollars in profits out of San Francisco (the company is based here, but very few of its major stockholders are San Franciscans). The last time we checked, San Francisco was losing $150 million (CHECK) in city revenue by failing to enforce the Raker Act and municipalize its electric utility system.

Meanwhile, PG&E continues to use city streets and public right-of-ways for its transmission cables at a bargain-basement franchise fee passes in 1932 and never seriously challenged. Other highly profitable private entities, like Viacom cable television, use public property for private purposes and pay highly favorable rates for the right.

Those ideas should be the a starting point, not a conclusion for mayoral debates. But thus far, we’ve seen precious little consideration of the issues, much less concrete solutions, from any of the candidates.

The mayor’s race, however, is still very much open, and the candidates are sensitive to public opinion. If the voters let the candidates know that we want to hear their visions of the city’s economic future — and their plans for carrying those visions out — we may see some productive and useful discussions yet.*

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