Ross Mirkarimi

Don’t move the mayoral elections

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The Board of Supervisors is slated to vote July 25th on a plan that’s attracted little press attention, but could have a profound impact on San Francisco politics. Sup. Jake McGoldrick has proposed a charter amendment that would move mayoral elections to coincide with presidential elections. The idea, McGoldrick says, is to increase turnout: In 2004, when John Kerry was running against George W. Bush, more than 70 percent of San Franciscans voted. When Matt Gonzalez ran against Gavin Newsom for mayor in 2003, only 55 percent showed up at the polls.

It sounds good, and generally, we’re for anything that increases voter turnout. But there are some real tricky questions about this proposal, and there hasn’t been enough public discussion around it. So the supervisors should vote against placing it on this fall’s ballot.

Our main concern with the plan is that it might diminish local interest in the mayoral contest. When the presidential race is at the top of the ticket, and likely a U.S. Senate race at the same time, the news media tends to focus on those campaigns, and the public’s attention is focused on them, too. The advantage of having a San Francisco mayor’s race in what is otherwise an off-year for elections is that all the energy in local politics centers on a high-stakes local campaign (The district attorney’s race is also on the ballot, and that might totally get lost in the presidential-year madness).

Some critics oppose the plan because, in practice, it would give the next mayor – at this point, probably Gavin Newsom – an additional year in office. That shouldn’t be an issue, really: This is about more than one mayor, and more than one year. It’s about the future of politics in the city.

It shouldn’t be about the Democratic Party, either. Some people worry that party money – always big in a presidential year – will flow to the anointed Democratic mayoral candidate, drowning out the voices of (say) a Green candidate, or a democrat who didn’t get the party’s nod. Maybe – but maybe all the money will go to the top of the ticket, and there will be less local cash spent on the San Francisco mayor’s race. And the power of the Democratic Party in a presidential year didn’t stop Ross Mirkarimi – a green – from getting elected supervisor from District Five in 2004.

Both supporters and opponents of the plan are trying to calculate how it would help or hurt progressive candidates, but there’s another factor here. Mayoral races are about more than just winning. The 1999 campaign, in which Tom Ammiano lost to Willie Brown, was a turning point in progressive politics in San Francisco. The runoff between Gavin Newsom and Matt Gonzalez in 2003 created an immense outpouring of community activism and brought thousands of new people into local politics. In a presidential year, some of that excitement – which is, in the end, crucial to any progressive movement – might have been diffused.

We don’t see any clear mandate or case for making the change right now, and we see some serious downsides. After extensive hearings and public debate, we might be convinced that this is a good idea, but that hasn’t happened yet. So for now, we urge the supervisors not to place it on the November ballot.

Don’t move the mayoral elections

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The Board of Supervisors is slated to vote July 25th on a plan that’s attracted little press attention, but could have a profound impact on San Francisco politics. Sup. Jake McGoldrick has proposed a charter amendment that would move mayoral elections to coincide with presidential elections. The idea, McGoldrick says, is to increase turnout: In 2004, when John Kerry was running against George W. Bush, more than 70 percent of San Franciscans voted. When Matt Gonzalez ran against Gavin Newsom for mayor in 2003, only 55 percent showed up at the polls.

It sounds good, and generally, we’re for anything that increases voter turnout. But there are some real tricky questions about this proposal, and there hasn’t been enough public discussion around it. So the supervisors should vote against placing it on this fall’s ballot.

Our main concern with the plan is that it might diminish local interest in the mayoral contest. When the presidential race is at the top of the ticket, and likely a U.S. Senate race at the same time, the news media tends to focus on those campaigns, and the public’s attention is focused on them, too. The advantage of having a San Francisco mayor’s race in what is otherwise an off-year for elections is that all the energy in local politics centers on a high-stakes local campaign (The district attorney’s race is also on the ballot, and that might totally get lost in the presidential-year madness).

Some critics oppose the plan because, in practice, it would give the next mayor – at this point, probably Gavin Newsom – an additional year in office. That shouldn’t be an issue, really: This is about more than one mayor, and more than one year. It’s about the future of politics in the city.

It shouldn’t be about the Democratic Party, either. Some people worry that party money – always big in a presidential year – will flow to the anointed Democratic mayoral candidate, drowning out the voices of (say) a Green candidate, or a democrat who didn’t get the party’s nod. Maybe – but maybe all the money will go to the top of the ticket, and there will be less local cash spent on the San Francisco mayor’s race. And the power of the Democratic Party in a presidential year didn’t stop Ross Mirkarimi – a green – from getting elected supervisor from District Five in 2004.

Both supporters and opponents of the plan are trying to calculate how it would help or hurt progressive candidates, but there’s another factor here. Mayoral races are about more than just winning. The 1999 campaign, in which Tom Ammiano lost to Willie Brown, was a turning point in progressive politics in San Francisco. The runoff between Gavin Newsom and Matt Gonzalez in 2003 created an immense outpouring of community activism and brought thousands of new people into local politics. In a presidential year, some of that excitement – which is, in the end, crucial to any progressive movement – might have been diffused.

We don’t see any clear mandate or case for making the change right now, and we see some serious downsides. After extensive hearings and public debate, we might be convinced that this is a good idea, but that hasn’t happened yet. So for now, we urge the supervisors not to place it on the November ballot.

The case against the media grab

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EDITORIAL The last time real estate investor Clint Reilly took the local newspapers to court in 2000, the trial was a sensation. Among other things, Tim White, who was at the time the publisher of the San Francisco Examiner, admitted that he had offered to give then-mayor Willie Brown more favorable editorial coverage if Brown would help squelch a Justice Department investigation into an Examiner-Chronicle financial deal.
The so-called “horse-trading” testimony brought to light one of the giant lies of the daily newspaper business in San Francisco and proved that the out-of-town owners of these papers care more about profits than honest journalism.
Back then, the deal involved Hearst Corp., which owned the Examiner, wanting to buy the Chronicle. The idea was to shut down the Ex, eliminate a 35-year-long joint operating agreement, and create a daily paper monopoly. The Justice Department hemmed and hawed a bit, then (thanks to Brown and Sen. Dianne Feinstein) agreed to a backroom deal: Hearst would give the Ex to the Fang family (along with a juicy three-year, $66 million subsidy), and the federal regulators would get out of the way.
Reilly’s suit was a tremendous public service, shining light on parts of the newspaper business that the big publishers always try to keep secret. In the end the suit went down, dismissed by a conservative federal judge, Vaughn Walker, who nevertheless called the whole Hearst-Fang-Chronicle deal “malodorous.”
Now there’s another, much bigger newspaper deal in the Bay Area, one that would create a far bigger and more powerful news monopoly — and once again, while the government regulators dither and duck, Reilly is taking the matter to court.
The unholy arrangement in question would give Denver media baron Dean Singleton and his Media News Group (in partnership with Gannett and Stephens Media) control over virtually every daily newspaper in the Bay Area [see “Singleton’s Monopoly,” 5/6/06]. Singleton, who already owns the Marin Independent Journal and the Oakland Tribune (among others), is buying the San Jose Mercury News, Contra Costa Times, Monterey Herald, and some 30 other small dailies.
That would leave the Chronicle as the only real competitor, but Hearst, which now owns the Chron, is in the deal too, helping finance some of Singleton’s out-of-state purchases in exchange for a stake in the business.
Reilly, represented by antitrust lawyer Joseph Alioto, argues that the whole thing violates the Sherman and Clayton antitrust acts and would lead to an illegal consolidation of market power for one newspaper owner. It would also, of course, lead to an unprecedented consolidation of local political power for a conservative Denver billionaire. Reilly wants an immediate injunction to put the merger on hold while the courts can determine how bad its impacts will be.
Three cheers for Reilly: Somebody had to question this massive media scandal — and so far, there’s no sign that the government is going to. The US Justice Department is doing nothing to aggressively fight (or even delay) the deal, and we’ve heard nothing out of the office of Attorney General Bill Lockyer.
The damage that this newspaper consolidation could do is long lasting and irreparable: Once the papers are all fully integrated under the Singleton umbrella, there will be no way to unscramble the egg. That’s why the court should quickly approve Reilly’s request for a temporary restraining order so the whole thing can be examined in detail, in public, before a judge.
Meanwhile, the political questions keep flowing: Where is Lockyer? Where is Oakland mayor Jerry Brown, who wants to be the next state attorney general? And where is the supposedly competitive Chronicle, which has said nary a word against the deal?
PS: The news coverage of Reilly’s suit reflects how poorly the daily papers cover themselves: Just tiny press-release-style reports, with no outside sources, no indication of how crucial the issues are, and no aggressive reporting. It reminds us of how the papers covered Sup. Ross Mirkarimi’s resolution opposing the deal: Guardian editor and publisher Bruce B. Brugmann hand-carried a copy of the resolution to the Chronicle reporters in the press room. The paper never ran a story. SFBG
To see a copy of the Reilly lawsuit, go to www.sfbg.com. For all the inside details on the deal, check out knightridderwatch.org.

Amalgamated health care

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› sarah@sfbg.com
Mayor Gavin Newsom has taken credit and sought the national spotlight for a plan he touts as an innovative way to deliver universal health care access to the city’s uninsured. Yet Newsom has consistently ducked the vitriolic public debate over how to the pay for the plan, which a companion measure by Sup. Tom Ammiano would cover with a controversial employer mandate.
But as the measures were headed for the first of at least two hearings before the Board of Supervisors (on July 11 after Guardian press time), a board committee and Newsom’s public health director, Dr. Mitch Katz, finally made it clear that Newsom’s plan can’t stand alone, as much as the business community would like it to.
“The two pieces of legislation were created to and do fit together,” Katz said at a July 5 Board of Supervisors’ Budget and Finance Committee hearing. “One can’t successfully move forward without the other.”
Katz made the comments after budget analyst Harvey Rose said the mayor’s plan doesn’t contain a specific funding mechanism. Rose’s admission prompted Sup. Ross Mirkarimi to characterize the mayor’s proposal as “a one-winged aircraft that doesn’t fly.” Sup. Chris Daly added that “It’s time to be up front that [the San Francisco Health Access Plan] only works if it has significant contributions from outside sources, including Ammiano’s plan.”
Neither Newsom nor his spokesman Peter Ragone returned repeated calls for comment on the issue. The Mayor’s Office also has not fulfilled a June 22 request by the Guardian for public records associated with the plan in violation of deadlines set by the city’s Sunshine Ordinance.
“Celebrating one resolution while pooh-poohing the other is disingenuous, because if they don’t work together, nothing works,” Mirkarimi added at the hearing, shortly before he, Daly, and a mostly mute Sup. Bevan Dufty voted to combine both proposals into one health care plan: the San Francisco Health Care Security Ordinance.
“After today’s meeting,” Ammiano wrote in a follow-up press release, “I’m confident that the citizens of San Francisco and the media will understand that the Worker Health Care Security Ordinance and the Health Access Program are one comprehensive health care plan, and are now codified as such in a single bill.”
The decision to amalgamate left small business owners voicing fears over the economic impact of the employer spending mandate, which would raise an estimated $30 million to $49 million of the $200 million cost of providing health care access for San Francisco’s uninsured.
As the controller’s Office of Economic Analysis points out, most of the financial burden of the employer mandate “falls on businesses with 20 to 49 employees, since these firms currently are less likely to offer health care benefits to their workers.”
With the cost of covering 20 full-time employees’ health care estimated at $43,000 to $65,000, many business owners fear the mandate will result in layoffs, economic downturns, and the erosion of their already marginal profits.
Although the controller predicts a “nearly neutral impact” on the city’s economic picture — a loss of 60 to 590 jobs from staff cuts or business closures mitigated by 140 to 250 new health care–related positions — small businesses worry about the controller’s “moderately adverse impact” prediction for employers who currently aren’t offering health care benefits at mandated levels.
“It’s going to add another $50,000 to my already high health care costs,” John Low, who runs a small company in the Tenderloin, said at the hearing. San Francisco Soup Company owner Steve Sarver claimed the mandate could force him to abandon expansion and hiring plans: “Projects that I was borderline on, I’m now going to go toward eliminating those jobs.”
As written before the July 11 hearings, the mandate would kick in January 2007 for large businesses and the following January for small businesses. Mirkarimi says the board should be “extremely sensitive” to the small business community’s concerns.
“The business community knows best how to speak about profit margins. Right now, an employer spending mandate is the only option in orbit. If there are other options, great, but so far all we’re hearing is nothing but distortion,” Mirkarimi told the Guardian. He said the proposal by some downtown leaders to increase the sales tax by a half cent — an alternative to Ammiano’s mandate — comes from “the same community who would sabotage any attempt to enact a tax-based funding mechanism.”
Mirkarimi told us the mayor’s plan was “prematurely pitched through the media on a national stage,” while Ammiano’s legislation, “which is really the heart and soul of the plan, has struggled to get any notoriety locally.” Mirkarimi told us he hopes Newsom will directly address small business concerns — including the reality that his health access plan can’t work without Ammiano’s mandate.
“The mayor needs to make an effort to show small business that he intends to mitigate the negative financial side effects of his plan. But what is the mayor’s communication? And why is he relying on the Board of Supes to fill in the blanks? The mayor needs to exercise leadership, to admit that for his plan to work somebody has to pay, and decide who that somebody is going to be, then build confidence that he has adequate answers. But right now, he’s deflecting that responsibility onto the board.”
Dr. Katz, who was a member of the Universal Healthcare Council that created the plan to offer health access to all the city’s uninsured residents, said he neither hopes nor believes that all 82,000 of the city’s uninsured will enroll.
“We hope that large employers continue to chose commercial health insurance,” Katz said at the meeting, noting that 95 percent of businesses with more than 100 employees already have commercial health insurance.
“If people enroll in a commercial health insurance plan, the city doesn’t get the revenue, but we also don’t get costs,” said Katz, who believes the city can offer health access to all uninsured residents without building additional health centers.
“All existing clinics and facilities have shown a desire to join the program and accept people,” Katz said, noting that the $104 million the city already spends on San Francisco’s uninsured is on the lowest-income individuals, plus a minute subsidy to small- and medium-size business but no subsidy for large businesses.
“Most of SF’s 82,000 uninsured residents are getting care right now, but not in a rational way,” Katz explained. “I look at how much capacity could we add to health centers by only paying for additional providers, like nurses, doctors. And the answer is a lot. We’re not doing evenings or Saturdays, so we just need to open for more hours and hire more doctors, nurses.”
Acknowledging that the Department of Public Health already saw 49,000 uninsured residents last year, Katz said that doesn’t mean that people are getting what he calls “rational care.”
“So when we create a system, we’ll create a demand,” he said. “It’s not just the woman with a bad cough who comes in, but now she’ll also get a pap smear.” SFBG
For coverage of the July 11 hearing and other updates on the health plan, visit www.sfbg.com.

Shotgun marriage

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› sarah@sfbg.com
Mayor Gavin Newsom has garnered media accolades for his San Francisco Health Access Plan, which would provide the city’s 82,000 uninsured residents a package of health care services, including preventative, primary, specialty, and emergency care, lab work, X-rays, pharmaceuticals, and inpatient hospitalization.
All of this sounds good until you consider how the press has glossed over serious flaws in Newsom’s plan, which was coauthored by Sup. Tom Ammiano. And SFHAP could be doomed to fail unless coupled with the more controversial Ammiano-authored health care legislation: the Worker Health Care Security Ordinance (WHSCO).
Ammiano’s ordinance would require employers operating within the city that have at least 20 employees (or 50 employees for nonprofits) to provide health care coverage for their workers. Predictably these mandatory spending requirements have the business community screaming its opposition — and Newsom, who is up for reelection next year, pussyfooting around the issue.
But the truth is that Newsom hasn’t detailed how to fully pay for his plan or avoid its policy pitfalls without the financial and structural boost that WHSCO’s mandates provide.
“There is no separation between the two pieces of legislation except in the way they’ve been presented. They’re joined at the hip, and there will be no funding gap with both pieces of legislation working together,” Ammiano told the Guardian.
Here’s how the plans work: To cover the estimated $200 million cost of Newsom’s sliding scale SFHAP, the city would contribute the $104 million it currently spends on the uninsured, hoping that more preventive care would efficiently translate into lower emergency room costs.
Add that to an estimated $60 million that the city thinks higher income enrollees will pay, plus an additional $10 million in estimated savings from increased federal cost-sharing. But even if all that works out, there’s a $30 million shortfall.
Enter Ammiano’s plan, which would generate an estimated $30 million to $40 million in employer contributions. There’s also another key piece of Ammiano’s plan that saves the one Newsom is touting: Unless Ammiano’s plan becomes law, there’s nothing to stop employers who already offer health insurance from saving money by dumping their workers into Newsom’s newly minted program, thus expanding the number of uninsured and potentially overwhelming the city’s clinics.
While Ammiano’s plan requires businesses with more than 20 employees to cover 50 percent of workers’ health care costs ($1.06 an hour), and those with more than 100 employees to cover 75 percent of those costs ($1.60 an hour), it also offers employers a wide array of health care expenditure options, including providing insurance, creating health savings accounts, or paying into the Health Access Plan.
There’s a reason for these options: the federal Employee Retirement Income Security Act. The act prevents cities and states from specifying which health care plan employers must provide. But as Ammiano discovered, municipalities can stipulate how much employers must spend on health care.
Asked why he thinks Newsom isn’t giving Ammiano’s mandatory plan his public blessing, Ammiano waxes diplomatic.
“I asked the mayor, ‘So, what could you live with?’ and the answer was the Health Access Plan, in which everyone is covered, and there are no preexisting conditions,” Ammiano told us.
But the business community latched onto the idea as if it existed in a vacuum. Nathan Nayman of Committee on Jobs helped develop the Newsom plan but continues to slam Ammiano’s ordinance. At a Budget and Finance Committee hearing on June 26, Nayman called Ammiano’s ordinance “a full frontal assault on small and medium businesses.” But when challenged by Sup. Ross Mirkarimi over how killing the ordinance would incapacitate Newsom’s plan, Nayman suggested “putting both plans on hiatus.”
Ammiano said he’s running out of patience with Nayman and his downtown allies.
“They didn’t lift a finger except to come in at the last minute with a proposal that was neither progressive nor legally viable,” he complained, referring to an 11th-hour suggestion that businesses be charged a license fee. The fee would have fallen heavily on businesses with less than 20 employees — which don’t have to provide health insurance — and likely would have been challenged as a tax in disguise, thereby triggering a ballot.
Not that the Ammiano camp is afraid of voters. In 2004, 69 percent of San Francisco voted for Proposition 72, which would have provided employer mandated health care had it not narrowly failed statewide. So while Ammiano anticipates resistance from the business community, he isn’t expecting a “monolithic rebellion.”
“They’ve been doing their own polling, so they know if [mandatory health care spending] goes to ballot, it’ll pass, and they’ll only get much more rigid legislation,” Ammiano told us.
Ken Jacobs, who Ammiano describes as the brains behind WHSCO and who was also part of the mayor’s 37-member Universal Healthcare Council that developed SFHAP, told us WHSCO not only helps workers who don’t have health care access but also serves to stop the erosion of employer-sponsored coverage.
Jacobs — who is deputy chair of UC Berkeley’s Labor Center — said it’s important not to erode the 85 percent of SF-based businesses already providing employee health care benefits. Even Newsom’s health director, Mitch Katz, has publicly said that good health insurance is better than the access plan Newsom is touting.
Crediting San Francisco’s existing clinic system for making SFHAP conceptually possible, Jacobs noted that its estimated $200 million annual cost is based on “a fully ramped-up program in which every uninsured resident is enrolled” — something he believes won’t happen immediately.
Jacobs also points out that if employers who currently don’t offer medical benefits sign up for private insurance because of WHSCO’s mandate, their employees will no longer be uninsured, thus reducing the public system costs. He also believes that because WHSCO makes large employers spend $274 a month, it’s unlikely they’d opt for SFHAP because that plan is limited to care in San Francisco.
Conversely, SFHAP requires participants to be willing to apply for state and federal benefits. They also must pay monthly fees ranging from a nominal $3 for those earning below $19,600 to $35 for those earning between $19,600 and $40,000 to $201 a month for those earning over $50,000.
There’s also one more reason why Newsom will likely to be forced to accept the marriage with Ammiano’s plan, despite the grumbling from his business community supporters: Eight supervisors have now signed on as WHSCO cosponsors, giving it a veto-proof majority.
Newsom’s spokespeople did not return our repeated calls for comment, but Eileen Shields of the Department of Health confirmed that “Ammiano’s legislation supports making the SFHAP a reality financially.” SFBG

Put away the cameras

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EDITORIAL The rate of violent crime in San Francisco, including murder, is climbing, and it’s way past unacceptable. Progressives aren’t generally known for their crime-fighting plans, but in this case the left flank of the Board of Supervisors, led by Ross Mirkarimi and Chris Daly, has offered a real, functional plan: an increase in community policing and additional funding for violence-prevention programs. However, Mayor Gavin Newsom and the cops are against that, and they helped knock it down on the June 6 ballot.
So what does the mayor want to do? He wants to put surveillance cameras — perhaps as many as 100 new surveillance cameras — all over the city, recording everything that happens in big swaths of public space, 24 hours a day.
The American Civil Liberties Union is urging the mayor to drop the plan. We agree.
For starters, there’s no evidence that cameras deter crime. Studies in England, where crime cameras are ubiquitous, show no decrease in criminal activity that can be linked to the cameras, and even studies in the United States suggest that criminals aren’t deterred by them. It’s possible cameras will help identify killers, particularly in neighborhoods where it’s almost impossible to find witnesses willing to talk — but it’s also possible (even likely) the bad guys will know exactly where the cameras are and either move somewhere else or wear masks.
And in exchange for this dubious benefit, San Franciscans will give up an immense amount of privacy.
We already live in a society where surveillance is an ugly fact of life. Credit card customers, grocery shoppers, cell phone and FasTrak users — almost all of us have our names and other details of our lives in electronic files, controlled by private firms and (as we’ve seen in the post–Sept. 11 era) easily accessible by government agencies.
The cameras offer such a huge potential for abuse. Will local or federal authorities use them to monitor political protests? Will they become a tracking device for people the feds consider a “threat”? Will they be used to monitor and suppress perfectly legal political activities and private associations?
No matter what the mayor and the San Francisco Police Department say, those cameras will be recording in public spaces, and those video files will exist somewhere, and even if they’re regularly erased (and given the SFPD’s record on following its own rules in other areas, we don’t trust that for a second), all it takes is a visit from the Department of Homeland Security to overrule all the safeguards. And anybody who thinks that won’t happen has been utterly out of touch with the state of the body politic in the past six years.
Another possibility the ACLU raises: Those videos could be considered public record in California — meaning stalkers, angry ex-spouses, and people planning violent crimes will have access to the daily movements of their potential victims.
The supervisors have, to their credit, tried to come up with rules to limit the potential abuses. But these sorts of technologies have a way of expanding, and law enforcement agencies have a way of avoiding oversight and scrutiny. There are much, much better ways to deter and fight violent crime. The best solution here is to simply cut the funding for the mayor’s cameras from next year’s budget. SFBG

The cable that bind s

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› sarah@sfbg.com

Oakland, San Francisco, and other California cities have in recent years tried to negotiate maximum public benefits under their franchise agreement with cable television provider Comcast, but all have backed down when the telecom giant threatened costly litigation.

The latest episode played out May 30 at the Oakland City Council meeting when the council voted to repeal an ordinance that would have required franchisees like Comcast to allow workers to decide whether they want to form a union.

Comcast dubbed the “Wal-Mart of Telecom” by the American Right to Work Foundation not only sued Oakland over the ordinance but also decided to void a tentative franchise agreement with the city that had taken three and a half years to work out.

Comcast officials claim the company walked away from the contract because two years had elapsed since major parts of the agreement had been hammered out and during that time the competitive field had shifted.

As for the lawsuit, company officials argue that Oakland’s union ordinance is preempted by federal law and that the city doesn’t have a “proprietary interest” in its franchise.

A proprietary interest occurs when a city has to manage critical public rights-of-way, such as streets, alleys, and utility easements, and must make sure it receives fair compensation for the ongoing use of those public properties by private entities, like Comcast.

In such situations, a city must ensure the efficient and cost-effective management of its public rights-of-way and must maximize benefit and minimize risk, including the risk of a labor-<\h>management conflict that could arise from a union organizing campaign.

That, at least, was the argument the city of Oakland made when it drew up its labor ordinance, and it was the argument that city council president Ignacio De La Fuente continued to make at the May 30 council meeting.

Councilmember Desley Brooks managed to sound like a Comcast apologist by claiming the city had been wrong to pass the ordinance in the first place.

“We knew that when this ordinance was passed, we had no basis to do it,” Brooks said. We can try and justify why we did it, but federal law is settled in this matter.”

But De La Fuente was joined by Councilmember Jane Brunner and Vice Mayor Jean Quan in insisting that the city wasn’t backing down because it was wrong, but because it couldn’t afford to fight with a deep-<\h>pocketed monopoly in court.

That was the same argument that led the San Francisco Board of Supervisors to narrowly approve a four-year contract extension with Comcast last September, rather than negotiate better public access and other community benefits as part of the contract.

San Jose, Walnut Creek, and other cities have also been tied up in expensive litigation with Comcast, which has virtually unlimited resources and a willingness to spend big in court fights and the political arena. But a bill now moving through the California State Legislature has the potential to shake up the cable television playing field some say, in ways that are hard to predict.

The Digital Infrastructure and Video Competition Act, authored by Assembly speaker Fabian N??ñez, seeks to allow telephone companies like AT&T and Verizon to provide television services through fiber-<\h>optic lines and thereby compete with Comcast and other cable providers.

The landmark bill, AB 2987, cleared the Assembly on a 70<\d>0 vote the day after the Oakland City Council repealed its ordinance. It is now awaiting consideration and possible modification by the Senate.

It is being watched carefully by Communications Workers of America, which represents 700,000 workers nationally, including 2,000 in the Bay Area, and is one of the few labor unions that is growing.

As CWA field coordinator Lisa Morowitz explained, for cities to take on Comcast individually, as Oakland, Walnut Creek, and San Jose have tried without success to do, is like David fighting Goliath.

“It’s one step forward, two steps back,” Morowitz told the Guardian. Nevertheless, she believes Oakland has substantial leverage in future negotiations with Comcast, precisely because of the N??ñez bill.

“CWA supports AB 2987,” Morowitz said, “because we believe it’s going to create conditions more favorable for cities, communities, and workers by bringing competition to video service.”

She acknowledged that the bill won’t directly address the issues raised during Oakland’s ordinance battle, but, she said, “theoretically, it will create more accountability.”

CWA argues that in addition to creating competition in the video services marketplace, the bill will replace city-by-city franchising deals that have led to steep rate increases, protect revenue streams for local governments, and expand local tax bases.

But Sydney Levy of San Francisco<\d>based Media Alliance worries that it will simply help the titans of industry and not the communities they supposedly serve.

“I understand that labor thinks it has a better chance of being able to organize within companies if there’s more competition and AT&T is pitted against Verizon is pitted against Comcast,” Levy told us. “But I disagree with CWA on how to have that competition be fair. It’s like energy deregulation. It sounded cute, but it wasn’t. So, we can’t be stupid this time around. We need to do it in a way that’s good for cities, consumers, and communities.”

The goal of franchise agreements that cities enter into with cable companies is to ensure that providers cover the entire city, provide public affairs programming, and pay for their use of public rights-of-way.

“But with the new bill, there’s no enforcement, no contractual obligations, no timetable,” claimed Levy, who worries that under the proposed arrangement Comcast’s competitors could say, “We can’t put fiber everywhere; we’ll upgrade as we see fit.”

“But that’s not good enough,” said Levy, who also worries that the bill will screw up community media locally and that redlining providing new services in higher-<\h>income neighborhoods while bypassing areas already underserved by broadband services may well occur.

And then there’s the sticky matter of ceding control to Sacramento.

“If we don’t have the ability to complain at the city level, then we’ll have to take all our fights to Sacramento, where we don’t have equal access,” Levy said. “That would be disastrous for local decision making.”

To his mind, AB 2987 is about cable vs. phone companies, and not about what’s best for the public interest.

“Having competition is a good thing for cities, consumers, and communities, but having competition that is unfair to communities and dismantles protections is not. We need to fix what’s in the Senate version,” he argued.

Levy believes that Comcast is playing a wait-and-see game as the N??ñez bill makes its way through Sacramento and that Oakland should continue to negotiate with Comcast for the best franchise deal possible.

“Because it may be the last franchise deal Oakland gets,” he explained, warning that if AB 2987 passes unmodified in the Senate, “we’re going to go from an irresponsible monopoly system to one that’s a system of unfair competition.”

But N??ñez deputy chief of staff Steve Maviglio told the Guardian that without the N??ñez bill, “cities have as much choice as they did in the former Soviet Union…. This bill is a powerful incentive for other providers.” Maviglio said that the bill language could still be modified in the Senate, but that its basic goal is clear.

“We hope this bill will save consumers money, lead to more competition, and prevent redlining,” he said. “We want to make sure under<\h>served communities don’t get left out of the digital picture.”

Comcast is the 800-pound gorilla lurking behind the vote in Sacramento, the force that all cities are looking to find some leverage against.

San Francisco supervisor Ross Mirkarimi told us that the Board of Supervisors had tailored legislation that mimicked Oakland’s union-<\h>organizing ordinance but abandoned it on the advice of CWA and the SF Labor Council because of what was happening to Oakland at the hands of Comcast.

To Mirkarimi’s mind, the best solution is neither piecemeal ordinances nor statewide laws, but for cities to municipalize their telecom and Internet systems.

“We would not be facing these kind of legal challenges if San Francisco was able to municipalize,” he told us.

And that’s precisely what San Francisco is now pursuing. A proposal by Sup. Tom Ammiano to study the creation of a citywide municipal broadband system to be installed as streets are opened up for sewer lines or other infrastructure needs was recently put out to bid.

Ammiano told the Guardian he expects to get some preliminary indications as to whether the system would be viable as soon as this summer, and he’s confident San Francisco will ultimately be in the position to offer television and other broadband services to city residents.

Mirkarimi, who supports the proposal, said it’s the best hope to “redeem our utility democracy as it pertains to our cable industry.” SFBG

Big Brother, where art thou?

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›gwschulz@sfbg.com

One question seemed to stand out at the San Francisco Police Commission’s May 24 meeting, where it was considering the issue of security cameras being placed in high-crime neighborhoods across the city.

"Is there a plan to phase these out at any time?" commissioner Joe Veronese asked Sup. Ross Mirkarimi, who was presenting his recently proposed legislation to regulate the cameras. "Or is the idea that we just have more and more of these going up?"

Mirkarimi admitted that the idea of at some point phasing out the cameras has so far not been considered by the Board of Supervisors. He told the commission that it’s still too early to even determine how much the cameras would help in mitigating crime. But he added that some of his constituents who support the cameras "are very insistent that this not be layered with red tape."

Worried about privacy rights, the American Civil Liberties Union of Northern California wants the board to do away with the cameras completely and consider alternatives such as community policing. Even Mirkarimi compared the cameras to Aldous Huxley’s Brave New World, which is getting closer to nonfiction. But he insisted to the commission that the cameras "are not a substitute to policing, whatsoever."

Mirkarimi would seem an unlikely proponent of the cameras. He’s one of the most progressive supervisors on the board; yet he represents a Western Addition neighborhood with growing crime problems. Mirkarimi’s aide Boris Delepine told the Guardian that the cameras were inevitable strongly pushed by Mayor Gavin Newsom and the supervisor was simply hoping to get some civil liberties protections in place before the program stretched across the city.

"We feel that the cameras are going up regardless," Delepine said, "and we’d like for there to be a public process when they do."

London has perhaps the largest number of citywide security cameras, with around 200,000; other industrialized cities are just beginning to debate and install them. The cameras raise real civil liberties questions, but supporters want their help with evidence gathering when witnesses are too afraid to step forward.

Since installation of the cameras began in San Francisco as a pilot program last July, the ACLU has pointed to a batch of studies it claims dispute any suggestion that the cameras elsewhere have either reduced crime or provided valuable evidence for criminal prosecutions, including in London.

"The ACLU is opposed to video surveillance cameras because they intrude on people’s privacy and they have no proven law-enforcement benefit," Elizabeth Zitrin, a board member of the ACLU’s San Francisco chapter, told the commission May 24.

Critics have acknowledged some of the protective measures that Newsom included in the original pilot program: Footage is erased after 72 hours unless it is believed to contain evidence of a crime, and where possible, cameras are not trained on individual homes. But ACLU Police Practices Policy director Mark Schlosberg told us he fears proliferation of the cameras will be impossible to stop.

"Privacy is sensitive," he said. "Once you lose it, it’s very difficult to get it back."

Indeed, commissioner Veronese’s question seemed to answer itself for the most part. Would there ever come a time in San Francisco when crime rates were so low that the city would remove the cameras in deference to civil liberties? Presumably not.

Two board committees have reviewed Mirkarimi’s legislation since it was introduced in January, but the full board recently delayed its vote until after the proposal could be considered by the Police Commission, which voiced its unanimous support May 24. The board was scheduled to vote on a first reading June 6 after Guardian press time.

Mirkarimi’s measure would require that the Police Commission hear public comment from affected residents before new groups of cameras are installed in individual neighborhoods. In addition, signs would be posted nearby to inform residents that the cameras were operating, and police inspectors would have to file a written request with the Emergency Communications Department before footage could be obtained and used as evidence of a crime.

The Office of Emergency Communications currently oversees two of the cameras, but did not know how often the Police Department has used any of the surveillance footage. The department’s Investigations Bureau could not respond to our inquiries by deadline.

Last July’s pilot program began with 2 cameras in the Western Addition. Since then, 33 more cameras have appeared at 14 locations in the Mission, Bayview, and Excelsior districts, and Newsom recently proposed the installation of around 20 more.

Mayoral spokesperson Peter Ragone said Newsom reviewed similar security camera programs in several other cities, including LA, Chicago, and New York, and insisted that case law confirms surveillance footage can be used as effective criminal evidence. He wasn’t aware of cases in San Francisco in which such evidence had been used, however.

"We asked the ACLU to sit down and help us develop guidelines for the placement and use of [the cameras],” he said. "They said no, so we went around the country and looked to other best practices for guidelines and procedures." SFBG

A simple, fair tenant bill

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A simple, fair tenant bill

 

 

 

Legislation that would ban landlords from arbitrarily eliminating services or restricting access to common space in residential units is likely to get seven votes at the Board of Supervisors June 6th. It’s also likely to get a mayoral veto. So tenant advocates ought to be putting the pressure on Sup. Bevan Dufty, who is one of the mayor’s allies – but is also in a district where a majority of the voters are renters.

 

The bill, by Sup. Ross Mirkarimi, would end what some tenants say is a growing practice: Landlords suddenly take away parking spaces, access to laundry facilities, or the use of storage space, in the hope that it will drive out tenants who are protected by rent control. The current law forbids evictions without “just cause” – but that provision apparently doesn’t apply to anything other than the actual place where a tenant lives.

 

There are all sorts of opportunities for abuse here: A landlord could evict a tenant from his or her parking or storage space, then offer to rent it back at a high price. Or those sorts of amenities could be doled out to tenants who never complain about living conditions, and withheld from tenants who try to exercise their rights. Or – most likely – a landlord desperate to get rid of a tenants who is paying below-market rent could take away every possible amenity until that tenant gives up and moves away, allowing the landlord to raise the rent for the next tenant.

 

The fix is simple, and won’t cost landlords any extra money. Mirarimi’s bill is just basic fairness: If you offer a garage as part of the original rental deal, you can’t suddenly take it back without a valid reason. If you include on-site laundry facilities as part of the lease, you can’t arbitrarily lock the door to the laundry room and give only certain favored tenants a key.

 

Dufty is up for re-election this fall, and is almost certain to face some serious opposition from the left. With three of the mayor’s four allies – Sean Ellsernd, Michela Alioto-Pier and Finoa Ma – pretty much immovable, Dufty’s been in a position to make or break legislation by being the eighth vote to make a bill veto-proof. And since Newsom has vetoed every significant piece of tenant legislation to come before him, Dufty needs to feel the heat: Is he on the side of tenants – when it matters?

 

This one is a great test case: The legislation is so simple and fair, it’s hard to imagine how a reasonable landlord could oppose it. Let’s see if Dufty’s willing to stand with the tenants on one that ought to be a no-brainer. Give him a call, at 554-6968.

 

Newsom loses control

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› steve@sfbg.com

In the early days, the mayor tried to sound like a practical, hands-on executive who was ready to run San Francisco.

Mayor Gavin Newsom used his inaugural address on Jan. 8, 2004, to emphasize that he was a uniter, not a divider and that he wanted to get things done.

"I say it’s time to start working together to find common purpose and common ground," he proclaimed. "Because I want to make this administration about solutions."

It’s a mantra he’s returned to again and again in his rhetoric on a wide range of issues, claiming a "commonsense" approach while casting "ideology" as an evil to be overcome and as the main motive driving the left-leaning majority of the San Francisco Board of Supervisors.

"Because it’s easy to be against something," Newsom said on that sunny winter day. "It’s easy to blame. It’s easy to stop…. What’s hard is to hear that maybe to come together, we need to leave behind old ideas and long-held grudges. But that’s exactly what we need to do."

But if that’s the standard, Newsom has spent the past 17 months taking the easy way.

It’s been a marked change from his first-year lovefest, when he tried to legalize same-sex marriage, reach out to BayviewHunters Point residents, and force big hotels to end their lockout of workers.

A Guardian review of the most significant City Hall initiatives during 2005 and 2006 as well as interviews with more than a dozen policy experts and public interest advocates shows that Newsom has been an obstructionist who has proposed few "solutions" to the city’s problems, and followed through on even fewer.

The Board of Supervisors, in sharp contrast, has been taking the policy lead. The majority on the district-elected board in the past year has moved a generally progressive agenda designed to preserve rental units, prevent evictions, strengthen development standards, promote car-free spaces, increase affordable housing, maintain social services, and protect city workers.

Yet many of those efforts have been blocked or significantly weakened by Newsom and his closest allies on the board: Fiona Ma, Sean Elsbernd, Michela Alioto-Pier, and Bevan Dufty. And on efforts to get tough with big business or prevent Muni service cuts and fare hikes, Newsom was able to peel off enough moderate supervisors to stop the progressives led by Chris Daly, Tom Ammiano, and Ross Mirkarimi at the board level.

But one thing that Newsom has proved himself unable to do in the past year is prevent progressive leaders particularly Daly, against whom Newsom has a "long-held grudge" that has on a few recent occasions led to unsavory political tactics and alliances from setting the public agenda for the city.

Balance of power

The Mayor’s Office and the Board of Supervisors are the two poles of power at City Hall and generally the system gives a strong advantage to the mayor, who has far more resources at his disposal, a higher media profile, and the ability to act swiftly and decisively.

Yet over the past year, the three most progressive supervisors along with their liberal-to-moderate colleagues Gerardo Sandoval, Jake McGoldrick, Aaron Peskin, and Sophie Maxwell have initiated the most significant new city policies, dealing with housing, poverty, health care, alternative transportation, violence prevention, and campaign finance reform.

Most political observers and City Hall insiders mark the moment when the board majority took control of the city agenda as last summer, a point when Newsom’s honeymoon ended, progressives filled the leadership void on growth issues, problems like tenants evictions and the murder rate peaked, and Newsom was increasingly giving signs that he wasn’t focused on running the city.

"Gay marriage gave the mayor his edge and gave him cover for a long time," said Tommi Avicolli Mecca, a queer and tenants rights activist. "About a year ago that started to wear off, and his armor started to be shed."

Daly was the one supervisor who had been aggressively criticizing Newsom during that honeymoon period. To some, Daly seemed isolated and easy to dismiss at least until August 2005, when Daly negotiated a high-profile deal with the developers of the Rincon Hill towers that extracted more low-income housing and community-benefits money than the city had ever seen from a commercial project.

The Newsom administration watched the negotiations from the sidelines. The mayor signed off on the deal, but within a couple months turned into a critic and said he regretted supporting it. Even downtown stalwarts like the public policy think tank San Francisco Planning and Urban Research Association noted the shift in power.

"I think we saw a different cut on the issue than we’ve seen before," SPUR executive director Gabriel Metcalf told us. "Chris Daly is not a NIMBY. I see Chris Daly as one of the supervisors most able to deal with physical change, and he’s not afraid of urbanism…. And he’s been granted by the rest of the board a lot of leadership in the area of land use."

SPUR and Metcalf were critical of aspects of the Daly deal, such as where the money would go. But after the deal, Newsom and his minions, like press secretary Peter Ragone, had a harder time demonizing Daly and the board (although they never stopped trying).

Around that same time, hundreds of evictions were galvanizing the community of renters which makes up around two-thirds of city residents. Newsom tried to find some compromise on the issue, joining Peskin to convene a task force composed of tenants activists, developers, and real estate professionals, hoping that the group could find a way to prevent evictions while expanding home ownership opportunities.

"The mayor views the striking of balance between competing interests as an important approach to governing," Ragone told the Guardian after we explained the array of policy disputes this story would cover.

The task force predictably fell apart after six meetings. "The mayor was trying to find a comfortable way to get out of the issue," said Mecca, a member of the task force. But with some issues, there simply is no comfortable solution; someone’s going to be unhappy with the outcome. "When that failed," Mecca said, "there was nowhere for him to go anymore."

The San Francisco Tenants Union and its allies decided it was time to push legislation that would protect tenants, organizing an effective campaign that finally forced Newsom into a reactionary mode. The mayor wound up siding overtly with downtown interests for the first time in his mayoral tenure and in the process, he solidified the progressive board majority.

Housing quickly became the issue that defines differences between Newsom and the board.

Free-market policy

"The Newsom agenda has been one of gentrification," said San Francisco Tenants Union director Ted Gullicksen. The mayor and his board allies have actively opposed placing limitations on the high number of evictions (at least until the most recent condo conversion measure, which Dufty and Newsom supported, a victory tenants activists attribute to their organizing efforts), while at the same time encouraging development patterns that "bring in more high-end condominiums and saturate the market with that," Gullicksen explained.

He pointed out that those two approaches coalesce into a doubly damaging policy on the issue of converting apartments into condominiums, which usually displace low-income San Franciscans, turn an affordable rental unit into an expensive condominium, and fill the spot with a higher-income owner.

"So you really get a two-on-one transformation of the city," Gullicksen said.

Newsom’s allies don’t agree, noting that in a city where renters outnumber homeowners two to one, some loss of rental housing is acceptable. "Rather than achieve their stated goals of protecting tenants, the real result is a barrier to home ownership," Elsbernd told us, explaining his vote against all four recent tenant-protection measures.

On the development front, Gullicksen said Newsom has actively pushed policies to develop housing that’s unaffordable to most San Franciscans as he did with his failed Workforce Housing Initiative and some of his area plans while maintaining an overabundance of faith in free-market forces.

"He’s very much let the market have what the market wants, which is high-end luxury housing," Gullicksen said.

As a result, Mecca said, "I think we in the tenant movement have been effective at making TICs a class issue."

Affordable housing activists say there is a marked difference between Newsom and the board majority on housing.

"The Board of Supervisors is engaged in an active pursuit of land-use policy that attempts to preserve as much affordable housing, as much rental housing, as much neighborhood-serving businesses as possible," longtime housing activist Calvin Welch told us. "And the mayor is totally and completely lining up with downtown business interests."

Welch said Newsom has shown where he stands in the appointments he makes such as that of Republican planning commissioner Michael Antonini, and his nomination of Ted Dienstfrey to run Treasure Island, which the Rules Committee recently rejected and by the policies he supports.

Welch called Daly’s Rincon deal "precedent setting and significant." It was so significant that downtown noticed and started pushing back.

Backlash

Board power really coalesced last fall. In addition to the housing and tenant issues, Ammiano brought forward a plan that would force businesses to pay for health insurance plans for their employees. That galvanized downtown and forced Newsom to finally make good on his promise to offer his own plan to deal with the uninsured but the mayor offered only broad policy goals, and the plan itself is still being developed.

It was in this climate that many of Newsom’s big-business supporters, including Don Fisher the Republican founder of the Gap who regularly bankrolls conservative political causes in San Francisco demanded and received a meeting with Newsom. The December sit-down was attended by a who’s who of downtown developers and power brokers.

"That was a result of them losing their ass on Rincon Hill," Welch said of the meeting.

The upshot according to public records and Guardian interviews with attendees was that Newsom agreed to oppose an ordinance designed to limit how much parking could be built along with the 10,000 housing units slated for downtown. The mayor instead would support a developer-written alternative carried by Alioto-Pier.

The measure downtown opposed was originally sponsored by Daly before being taken over by Peskin. It had the strong support of Newsom’s own planning director, Dean Macris, and was approved by the Planning Commission on a 61 vote (only Newsom’s Republican appointee, Antonini, was opposed).

The process that led to the board’s 74 approval of the measure was politically crass and embarrassing for the Mayor’s Office (see “Joining the Battle,” 2/8/06), but he kept his promise and vetoed the measure. The votes of his four allies were enough to sustain the veto.

Newsom tried to save face in the ugly saga by pledging to support a nearly identical version of the measure, but with just a couple more giveaways to developers: allowing them to build more parking garages and permitting more driveways with their projects.

Political observers say the incident weakened Newsom instead of strengthening him.

"They can’t orchestrate a move. They are only acting by vetoes, and you can’t run the city by vetoes," Welch said. "He never puts anything on the line, and that’s why the board has become so emboldened."

Rippling out

The Newsom administration doesn’t seem to grasp how housing issues or symbolic issues like creating car-free spaces or being wary of land schemes like the BayviewHunters Point redevelopment plan shape perceptions of other issues. As Welch said, "All politics in San Francisco center around land use."

N’Tanya Lee, executive director of Coleman Advocates for Children and Youth, said the Newsom administration has done a very good job of maintaining budgetary support for programs dealing with children, youth, and their families. But advocates have relied on the leadership of progressive supervisors like Daly to push affordable housing initiatives like the $20 million budget supplemental the board initiated and approved in April.

"Our primary concern is that low- and moderate-income families are being pushed out of San Francisco," Lee told us. "We’re redefining what it means to be pro-kid and pro-family in San Francisco."

Indeed, that’s a very different approach from the so-called pro-family agenda being pushed by SFSOS and some of Newsom’s other conservative allies, who argue that keeping taxes low while keeping the streets and parks safe and clean is what families really want. But Lee worries more about ensuring that families have reasonably priced shelter.

So she and other affordable housing advocates will be watching closely this summer as the board and Newsom deal with Daly’s proposal to substantially increase the percentage of affordable housing developers must build under the city’s inclusionary-housing policy. Newsom’s downtown allies are expected to strongly oppose the plan.

Even on Newsom’s signature issue, the board has made inroads.

"In general, on the homeless issue, the supervisor who has shown the most strong and consistent leadership has been Chris Daly," said Coalition on Homelessness director Juan Prada.

Prada credits the mayor with focusing attention on the homeless issue, although he is critical of the ongoing harassment of the homeless by the Police Department and the so-called Homeward Bound program that gives homeless people one-way bus tickets out of town.

"This administration has a genuine interest in homeless issues, which the previous one didn’t have, but they’re banking too much on the Care Not Cash approach," Prada said.

Other Newsom initiatives to satisfy his downtown base of support have also fallen flat.

Robert Haaland of the city employee labor union SEIU Local 790 said Newsom has tried to reform the civil service system and privatize some city services, but has been stopped by labor and the board.

"They were trying to push a privatization agenda, and we pushed back," Haaland said, noting that Supervisor Ma’s alliance with Newsom on that issue was the reason SEIU 790 endorsed Janet Reilly over Ma in the District 12 Assembly race.

The turning point on the issue came last year, when the Newsom administration sought to privatize the security guards at the Asian Art Museum as a cost-saving measure. The effort was soundly defeated in the board’s Budget Committee.

"That was a key vote, and they lost, so I don’t think they’ll be coming back with that again," Haaland said, noting that labor has managed to win over Dufty, giving the board a veto-proof majority on privatization issues.

Who’s in charge?

Even many Newsom allies will privately grumble that Newsom isn’t engaged enough with the day-to-day politics of the city. Again and again, Newsom has seemed content to watch from the sidelines, as he did with Supervisor Mirkarimi’s proposal to create a public financing program for mayoral candidates.

"The board was out front on that, while the mayor stayed out of it until the very end," said Steven Hill, of the Center for Voting and Democracy, who was involved with the measure. And when the administration finally did weigh in, after the board had approved the plan on a veto-proof 92 vote, Newsom said the measure didn’t go far enough. He called for public financing for all citywide offices but never followed up with an actual proposal.

The same has been true on police reform and violence prevention measures. Newsom promised to create a task force to look into police misconduct, to hold a blue-ribbon summit on violence prevention, and to implement a community policing system with grassroots input and none of that has come to pass.

Then, when Daly took the lead in creating a community-based task force to develop violence prevention programs with an allocation of $10 million a year for three years Measure A on the June ballot Newsom and his board allies opposed the effort, arguing the money would be better spent on more cops (see “Ballot-Box Alliance,” page 19).

"He’s had bad counsel on this issue of violence all the way through," said Sharen Hewitt, who runs the Community Leadership Academy Emergency Response project. "He has not done damn near enough from his position, and neither has the board."

Hewitt worries that current city policies, particularly on housing, are leading to class polarization that could make the problems of violence worse. And while Newsom’s political allies tend to widen the class divide, she can’t bring herself to condemn the mayor: "I think he’s a nice guy and a lot smarter than people have given him credit for."

Tom Radulovich, who sits on the BART board and serves as executive director of Transportation for a Livable City (which is in the process of changing its name to Livable City), said Newsom generally hasn’t put much action behind his rhetorical support for the environment and transit-first policies.

"Everyone says they’re pro-environment," he said.

In particular, Radulovich was frustrated by Newsom’s vetoes of the downtown parking and Healthy Saturdays measures and two renter-protection measures. The four measures indicated very different agendas pursued by Newsom and the board majority.

In general, Radulovich often finds his smart-growth priorities opposed by Newsom’s allies. "The moneyed interests usually line up against livable city, good planning policies," he said. On the board, Radulovich said it’s no surprise that the three supervisors from the wealthiest parts of town Ma, Elsbernd, and Alioto-Pier generally vote against initiatives he supports.

"Dufty is the oddity because he represents a pretty progressive, urbane district," Radulovich said, "but he tends to vote like he’s from a more conservative district."

What’s next?

The recent lawsuit by the San Francisco Chamber of Commerce and the Committee of Jobs urging more aggressive use of a voter-approved requirement that board legislation undergo a detailed economic analysis shows that downtown is spoiling for a fight (see “Downtown’s ‘Hail Mary’ Lawsuit,” page 9). So politics in City Hall is likely to heat up.

"There is a real absence of vision and leadership in the city right now, particularly on the question of who will be able to afford to live in San Francisco 20 years from now," Mirkarimi said. "There is a disparity between Newsom hitting the right notes in what the press and public want to hear and between the policy considerations that will put those positions into effect."

But Newsom’s allies say they plan to stand firm against the ongoing effort by progressives to set the agenda.

"I think I am voting my constituency," Elsbernd said. "I’m voting District Seven and voicing a perspective of a large part of the city that the progressive majority doesn’t represent."

Newsom flack Ragone doesn’t accept most of the narratives that are laid out by activists, from last year’s flip in the balance of power to the influence of downtown and Newsom’s wealthy benefactors on his decision to veto four measures this year.

"Governing a city like San Francisco is complex. There are many areas of nuance in governing this city," Ragone said. "Everyone knows Gavin Newsom defies traditional labels. That’s not part of a broad political strategy, but just how he governs."

Yet the majority of the board seems unafraid to declare where they stand on the most divisive issues facing the city.

"The board has really, since the 2000 election has been pushing a progressive set of policies as it related to housing, just-taxation policies, and an array of social service provisions," Peskin said. "All come with some level of controversy, because none are free." SFBG

Endorsements: The Greens

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EDITORIAL We’ve long encouraged the California Green Party to focus its energy on local races, and in San Francisco, the Greens have had considerable success: Matt Gonzalez and then Ross Mirkarimi were elected supervisor as Greens (and Gonzalez made a hell of a run for mayor). Sarah Lipson and Mark Sanchez won school board seats. The idea of someone from the Green Party running citywide is no longer all that unusual, and if the party can continue to generate energy and enthusiasm over the next few years, it will become even more of a source of progressive leaders and provide competition to the Democrats who have controlled city politics for decades.

We focused in last week’s endorsements issue on a few contested Democratic primaries for state assembly and senate, but there are several Greens worthy of note who are challenging entrenched incumbents. Our Green primary endorsements:

For US Senate: Todd Chretien

Chretien is one of the most exciting Green Party candidates in the country. He’s trying to turn a nonrace into a referendum on war and abuse of power. This East Bay resident has spent years fighting for social justice, first as a socialist and then as a Green. He’s smart, passionate, eloquent, and right on the issues. He’s clearly not going to beat Dianne Feinstein, but if he gets any media attention, he’ll be able to raise some important issues.

For US Congress, District 8: Krissy Keefer

Keefer, a dancer and Guardian Goldie winner, has long been an active part of the city’s arts community. She’s always been political, and became an antigentrification activist during the dot-com boom. She has virtually no hope of beating incumbent Nancy Pelosi, and her platform is a little, well, abstract. But we’ve always liked Keefer and we appreciate her spirit in trying to hold Pelosi accountable.

For State Assembly, District 12: Barry Hermanson

Hermanson spent 25 years putting his ideals into action as the owner of a small employment agency, where he sought to raise pay rates for temporary workers. His strategy: reduce his own commission, and pay the temps more. He put a bunch of his own money into a successful citywide campaign to raise the minimum wage. If Janet Reilly wins the Democratic primary for this seat, most progressives in town will probably stick with her but if Sup. Fiona Ma comes out on top June 6, Hermanson could emerge as the only alternative. SFBG

Hunters Point plan: Wait for an audit

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

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

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

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

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

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

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

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

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

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

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

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

Eviction battle continues

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› sarah@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Save John Swett!

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OPINION In seeking to close the John Swett Alternative Elementary School in San Francisco’s Western Addition, the San Francisco Unified School District is making a gargantuan mistake.

We knew from the start of the evaluation process that John Swett didn’t come close to qualifying for closure or merger. By the board’s own criteria, Swett shouldn’t have been a candidate. Yet it remained, inexplicably, on the closure list.

Only now, through our own research and public records requests we made to the school district, has the rationale for the school’s closure become clear: It’s not an educational decision made in the best interests of students. It’s a property decision made in the best interests of administrators. Situated just two blocks from the SFUSD’s headquarters at 555 Franklin St., John Swett has apparently struck some administrators as an attractive target for expanding administrative offices.

Long before the unhappy coincidence of its proximity to SFUSD headquarters potentially doomed its existence, John Swett was rapidly becoming a poster child for public schools in working-class minority communities. It offers the only arts program of its kind in the district and has provided opportunities for cultural enrichment to a population to whom far too many opportunities are routinely denied. Its enrollment of 240 students was quickly approaching the facility’s full 280-student capacity, with a population reflecting the rich, diverse mosaic of San Francisco: 43 percent African American, 31 percent Pacific Islander, 14 percent Latino, and the remainder an integrated mix of whites, Asians, and others. And more curiously, if the issue at Swett was really about enrollment, the district could have looked across the street to reconcile any shortfall: Tenderloin Community School’s population is at 120 percent.

Sup. Chris Daly and I have worked hard to galvanize as much support as possible within City Hall to make the school board’s decision to save the school for students an easy one. We secured passage of an ordinance to provide $660,000 from city funds to gain John Swett a reprieve.

For neighborhoods like the Western Addition and Tenderloin, plagued by the interrelated problems of joblessness, drugs, truancy, and gun violence, the decision seems utterly counterproductive. What good are violence-prevention strategies when they are subverted by actions like shutting down John Swett School?

This battle is about setting the right priorities. It’s time to put the students first. The plain fact is that kids from minority working-class communities need good schools that are already intact more than school bureaucrats need adjacent facilities for themselves or a half-baked plan for something else. An innocent school has been unjustly condemned. Its execution is set to go. There are moments until midnight. Can we save it? SFBG

Ross Mirkarimi

Sup. Ross Mirkarimi represents District 5.

Bail out the schools – once

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

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

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

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

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

.  .  .

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

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

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

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

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