Treasure Island

Tweeking the tidelands

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› sarah@sfbg.com

With the furor over her erratic driving incident still lingering and a primary challenge from Assemblymember Mark Leno starting to get nasty, state senator Carole Migden is now wading into another potentially pungent political pool.

This time around, the battle involves the state’s laws governing coastal land use, the Port of San Francisco’s revenue needs, and the competing interests of folks who live along, work near, or simply like to relax and recreate along the city’s bayside waterfront.

Migden’s Senate Bill 815 would make three major changes to the ancient and arcane laws that govern the use of the state’s tidelands. It would allow the port to rent out 11 seawall-protected properties, currently used for surface parking lots, for development over 75 years, after which they would return to the public trust.

It would also permit the port to sell off "paper streets" — lots that serve as view corridors, public rights-of-way, and connections between the city and its waterfront, including portions of Texas, Custer, Ingalls, and Davidson streets developed with warehouses, as well as the recently closed Hunters Point Power Plant.

Last, Migden’s bill would allow the transfer of the 36-acre, federally owned Jobs Corps parcel on Treasure Island to local control as part of an exchange of public trust and nontrust lands on Treasure and Yerba Buena islands.

Port special project manager Brad Benson told the Guardian that the local agency worked with the California State Lands Commission for two years on ways to help increase the port’s revenue-generating capabilities, and this bill was the result.

"We cc’d the neighborhood organizations on the amendments that we sent to Migden’s office on June 12, and we invited further discussion," Benson said of the proposal, which is intended to help cover the port’s estimated $1.4 billion cost for seismic retrofits and restorations, hazardous-material remediation, storm-water management, and improved waterfront access by relaxing the land-use restriction of the 1969 Burton Act.

The Burton Act gave the port control of San Francisco’s waterfront from Fisherman’s Wharf to Candlestick Point, including 39 historic finger piers between Fisherman’s Wharf and China Basin. But it also limited the port to leasing seawall lots for street purposes such as surface parking while giving it the financial responsibility of maintaining and restoring the historical waterfront.

Today just about everybody agrees that surface parking is a horrible use of the seawall lots — with the possible exception of the Giants, who want to retain 2,000 spaces on the 14-acre lot they lease next to Mission Creek. But in recent weeks disagreement has broken out over last-minute amendments that were added to Migden’s bill June 20 to impose height limits on four seawall lots in the Northeastern Waterfront Historic District and remove a fifth lot entirely.

Those amendments were added following input from neighborhood groups like the Telegraph Hill Dwellers, the Barbary Coast Neighborhood Association, and the Friends of the Golden Gate, a 1,400-member nonprofit whose stated goal is "to preserve open recreational space for the citizens of San Francisco."

In a June 20 letter to Migden, Telegraph Hill Dwellers president Vedica Puri argued for height limits on the basis of a "visual and historic connection between the waterfront and Telegraph Hill" created by "higher structures closer to the base of Telegraph Hill and lower buildings near the Embarcadero." Noting that three of the disputed lots are currently zoned for heights of 40 feet, with the fourth lot, closer to Telegraph Hill, zoned for 65 feet, Puri argued for respecting local height limits in place as of January.

Meanwhile, the Barbary Coast Neighborhood Association, the Telegraph Hill Dwellers, and the Friends of the Golden Gate asked that lot 351, which abuts the Golden Gate Tennis and Swim Club, be excluded from the deal.

"There is an ongoing struggle in the Barbary Coast neighborhood over an outsize condominium project usually known as the 8 Washington Project," Jonathan Middlebrook of the association’s Waterfront Action Group warned.

Friends of the Golden Gate chair Lee Radner, in a June 29 letter to Loni Hancock, chair of the Assembly’s Natural Resources Committee, argued for keeping lot 351 under the public trust because it "abuts the open recreational space, along the Embarcadero, Washington, and Drumm streets."

"Lot 351, if removed from the public trust," Radner wrote, "will give a developer the option to build high-rise, exclusive, and costly condominiums that would spill over into the recreational space and change the open view corridors to Telegraph Hill and Coit Tower forever, limit the light and views of many neighbors, and impact the traffic on an already congested Embarcadero."

But two local planning and land-use groups argue that Migden’s amended legislation would wrest control of height restrictions from the local planning process and benefit a well-heeled few at the expense of everyone else.

Tom Radulovich, executive director of Livable City, said he believes height limits and urban design should be decided at the local level. "The problem with stipuutf8g a 40-foot height limit is that you end up getting squashed retail space, creating a pokey, unpleasant atmosphere," said Radulovich, who’d rather see the lots taken out of the bill than included with those provisions. "To my mind the question is: how do builders create a great street? And what building controls help achieve that goal? We wanted to make these lots more walkable, bikeable, and accessible to contribute to the overall public good with the maximum opportunity for local control. The latest amendments tip the balance towards state interference, and that’s inappropriate."

Tim Colen of the Housing Action Coalition accuses the neighborhood associations of "not wanting any height increases or other uses to the extent that it might threaten their view." Colen said developer Simon Snellgrove of Pacific Waterfront Partners is interested in lot 351, which lies across from the Ferry Building, to create high-end condos, mixed-use residential units, and 34 below-market-rate units.

He acknowledges that the Golden Gate Tennis and Swim Club would lose three tennis courts under the legislation. "But this is a chance for 34 families to get housing and be able to stay in San Francisco," Colen said. "The Golden Gate Tennis and Swim Club is a really sweet facility, but it ain’t public recreation. Migden’s bill benefits some very well-heeled people when the interests of many are at stake."

Migden’s bill, which cleared the Senate but must return for final approval because of the amendments, is set to work its way through the Assembly by August. Benson said continued negotiations would be a good thing. "We appreciate Senator Migden’s work, but we believe height limits are a locals-only matter to be decided by the Board of Supervisors and the mayor."

But the Barbary Coast Neighborhood Association’s Diana Taylor said her group "spent hours getting the community informed, telling the port what we wanted, until eventually we came up with a bottom line, what our compromises were…. That’s where senator Carole Migden developed amendments, and this was the first time that we came to a coordinated agreement. But now we find out that the port isn’t happy with some of the amendments. What we’d like to see is a more clear-cut strategy to bring the port and the communities together. We’re adversaries right now, but we shouldn’t be."

With the port set to have a public discussion July 31 about lot 337 (the Giants’ parking lot next to Mission Creek), Jennifer Clary of San Francisco Tomorrow notes that Mission Creek is home to 60 species of birds. As she said, "Isn’t habitat preservation and restoration part of urban development? Is it really a choice between people and birds? Is that the decision?"<\!s>*

Out of downtown

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› steve@sfbg.com

It wasn’t going well for Ted Strawser, predictably. The alternative transportation activist faced an uphill battle March 14 trying to convince a San Francisco Chamber of Commerce committee to endorse Healthy Saturdays, a plan to ban cars from part of Golden Gate Park.

Representatives of the park’s museums and Richmond District homeowners had just argued their case against the measure. “Visitors want access to our front door, and we want to give it to them,” Pat Kilduff, communications director for the Fine Arts Museums of San Francisco, indignantly told the group of two dozen business leaders gathered around a large conference table.

Strawser gave it his best shot: he talked about following the lead of other great cities to create car-free spaces; he said, “Golden Gate Park is one of the best parks in the nation, if not the world”; and he made a detailed case for closure. But around the table there were scowls, eye rolls, and other obvious signs that Strawser was being tolerated, not welcomed. Some — including chamber vice president Jim Lazarus — even started to interrupt and argue with him.

Then the man sitting next to Strawser spoke up. “I don’t think this is fair,” he said. And suddenly, everyone in the room shaped up. Strawser’s ally — his only supporter in the room — was somebody no chamber member could or would dismiss. Warren Hellman doesn’t shout or bang the table — but when he speaks, downtown pays attention.

Hellman, a prominent investment banker, told the committee members that he expected them to show the same respect for Strawser that they had for the previous two speakers. The nonsense ended, immediately.

And by the time Strawser turned the floor over to Hellman, the mood had changed. The group listened raptly, smiled, and nodded as Hellman spoke in his usual folksy, familiar, disarming style.

“It’s not a lot of fun when friends fall out,” he began, “because the previous speakers and many of you all agreed on the necessity of the garage [that was built in Golden Gate Park], and we worked together.”

He pointed out that many in the group had promised during the fall 2000 election to support Healthy Saturdays once the garage was built, although Hellman was now the only member of the coalition honoring that commitment. But he didn’t chide or shame his colleagues. That isn’t Hellman’s style.

Instead, he spoke their language. The garage has never been full and needs the money it can charge for parking to repay the bonds. This isn’t a fight that’s going away, since “part of the conflict is because this park is everybody’s park.” But there are “about 100 compromises not acceptable to either side that would move this forward.” And if a solution can’t be found, there will probably be an expensive ballot fight that nobody wants.

“My conclusion is we should attempt this test,” Hellman told the group. Ultimately, when the vote was later taken in secret, the chamber didn’t agree, although it did vote to back a trial closure after the California Academy of Sciences reopens next year.

At the meeting, Hellman openly called for Mayor Gavin Newsom to get involved in seeking a compromise, something Hellman said he had also just requested of the mayor at a one-on-one breakfast meeting. A couple of weeks later Newsom — who had already indicated his intention of vetoing the measure — did broker a compromise that was then approved by the Board of Supervisors.

As usual, Hellman didn’t take credit, content to quietly play a role in making San Francisco a better place.

Healthy Saturdays isn’t the most important issue in local history — but the significance of Hellman’s involvement can’t be underestimated. His alliance with the environmentalists and park advocates might even signal a sea change in San Francisco politics.

Warren Hellman represents San Francisco’s political and economic past. And maybe — as his intriguing actions of recent years suggest — its future.

This guy is a rich (in all senses of the word) and compelling figure who stands alone in this town. And even though his leadership role in downtown political circles has often placed him at odds with the Guardian, Hellman consented to a series of in-depth interviews over the past six months.

“Our family has been here since early in the 19th century, so we had real roots here,” Hellman told us. His great-grandfather founded Wells Fargo and survived an assassination attempt on California Street by a man who yelled, “Mr. Hellman, you’ve ruined my life,” before shooting a pistol and barely missing.

The Hellman family has been solidly ruling class ever since, rich and Republican, producing a long line of investment bankers like Warren.

Yet the 72-year-old comes off as more iconoclast than patrician, at least partly because of the influence of his irreverent parents, particularly his mother, Ruth, who died in 1971 in a scuba-diving accident in Cozumel, Mexico, at the age of 59. “She was entirely nuts,” Hellman said, going on to describe her World War II stint as a military flier in the Women’s Auxiliary Service Pilots and other colorful pursuits. “She just loved people, a little like I do. She collected people.”

Hellman grew up wealthy and cultured, but he also attended public schools, including Grant Grammar School and Lowell High School. In between, the young troublemaker did a stint at San Rafael Military Academy — “reform school for the rich,” as he called it — for stunts such as riding his horse to Sacramento on a whim.

After doing his undergraduate work at UC Berkeley, Hellman got his MBA from Harvard and went on to become, at the age of 26, the youngest partner ever at the prestigious Manhattan investment firm Lehman Bros. He developed into an übercapitalist in his own right and eventually returned home from New York and founded Hellman and Friedman LLC in San Francisco in 1984, establishing himself as the go-to financier for troubled corporations.

“He is really one of the pioneers of private equity,” said Mark Mosher, a longtime downtown political consultant and the executive director of Gov. Arnold Schwarzenegger’s California Commission on Jobs and Economic Growth, on which Hellman sits.

Hellman became what Business Week called “the Warren Buffett of the West Coast,” a man of extraordinary wealth and power. Among other accomplishments, Hellman took Levi Strauss private, recently made billions of dollars in profits selling DoubleClick to Google, and manages the assets of the California public employee retirement funds (CalPERS and CalSTRS), which are among the largest in the world.

Like many financial titans, Hellman has always been a generous philanthropist, giving to the arts, supporting schools in myriad ways, and funding the San Francisco Foundation and the San Francisco Free Clinic (which his children run). He vigorously competes in marathons and endurance equestrian events, often winning in his age bracket. And he has his humanizing passions, such as playing the five-string banjo and creating the popular Hardly Strictly Bluegrass festival.

But he’s also been a prime facilitator of downtown’s political power, which regularly flexes its muscle against progressive causes and still holds sway in the Mayor’s Office and other city hall power centers.

Hellman founded, funds, and is a board member of the Committee on Jobs, which is perhaps the city’s most influential downtown advocacy organization. Hellman and his friends Don Fisher, the founder of the Gap, and Sen. Dianne Feinstein also started SFSOS, which now wages the most vicious attacks on left-of-center candidates and causes.

When the de Young Museum and other cultural institutions were threatening to leave Golden Gate Park, Hellman almost single-handedly had an underground parking garage built for them, in the process destroying 100-year-old pedestrian tunnels and drawing scorn from the left. The Guardian called it “Hellman’s Hole.”

“We at the Bike Coalition very much started out on the opposite side of Warren Hellman,” San Francisco Bicycle Coalition executive director Leah Shahum told us. “We couldn’t have been more like oil and water on the garage issue.”

But over the past two years or so, Hellman’s profile has started to change. He went on to become an essential ally of the SFBC and other environmentalists and alternative transportation advocates who want to kick cars off JFK Drive in Golden Gate Park on weekends, crossing the downtown crowd in the process. He has shared his wealth with progressive groups such as Livable City, which often fights downtown, and has stuck up for edgy fun seekers over more conservative NIMBY types. He has also publicly repudiated the attacks of SFSOS and its spokesperson, Wade Randlett, and withdrawn his support from the group.

Hellman is still a Republican, but a thoughtful and liberal-minded one who opposed the Iraq War and wrote an article for Salon.com in February titled “If the United States Were a Company, Would George Bush Be Our CEO?” (His answer: hell no.) And to top it all off, Hellman sports a few tattoos and even attended 2006’s Burning Man Festival and plans to return this year.

Unguarded and reflective, Hellman’s comments to the Guardian foreshadow the possible future of capitalism and influence in San Francisco and point to potential political pathways that are just now beginning to emerge.

Our first conversation took place at the Guardian office two weeks before the November 2006 election, when it was starting to look like Nancy Pelosi had a good shot at becoming speaker of the House of Representatives.

“I think this election in two weeks is going to be really interesting,” Hellman told us.

This Republican was cheering for the Democrats to win. “They aren’t my kind of Republicans,” he said of the people in power. Hellman didn’t support the war or approve of how the Bush administration sold it, and he wanted Pelosi and the Democrats to hold someone accountable.

“What I’d like her to do is admit that we can’t get out [of Iraq immediately], but start to talk about what the fallout has been. Discuss the enormous cost in human life as well as money, and how it’s possible the war united the Middle East against us,” Hellman said.

The one thing he can’t abide is disingenuousness. Hellman speaks plainly and honestly, and he asked us to keep particularly caustic comments off the record only a few times during almost six hours’ worth of interviews. He was self-effacing about his political knowledge and seemed most interested in working through the problems of the day with people of goodwill.

Asked what he values most in the people he deals with, Hellman said, “It’s authenticity. Do they believe things because they believe in them, or do they believe in things because they’re cynical or they’re just trying to gain something?”

Locally, Hellman has reached out to people with varying worldviews and come to count many friends among those who regularly battle against downtown.

“I love to know people,” he said. “That’s probably the single thing that motivates me. When someone says to me, ‘How can you be friends with [then–head of SEIU Local 790] Josie Mooney?’ I say, ‘Look, I want to know Josie Mooney. And if she’s awful, then we won’t be friends.’ I’m just fascinated by getting to know people. And virtually always, they’re a little like Wagner operas: they’re better than they sound.”

Hellman was the chair of the Committee on Jobs when he got to know Mooney, who chaired the San Francisco Labor Council and was a natural political adversary for the pro-business group, particularly when Hellman was leading the fight to do away with the city’s gross receipts tax, which has proved to be costly for the city and a boon for downtown.

But after that victory, Hellman turned around and cochaired a campaign with Mooney to retool and reinstate the gross receipts tax in a way that he believed was more fair and helped restore the lost revenue to the city.

“We lost, but he put $100,000 of his own money into that campaign,” Mooney told us, noting that the proposed tax would have cost Hellman and Friedman around $70,000 a year. “I think he just thought the city needed the money. It was a substantive point of view, not a political point of view.”

Mooney considers Hellman both a friend and “an extraordinary human being…. He has made a huge contribution to San Franciscans that doesn’t relate to ideological issues. A tremendous thing about Warren is he’s not ideological, even in his political point of view…. On politics, I’d say he is becoming more progressive as he understands the issues that confront ordinary people.”

Mooney is one of the people who have helped bring him that awareness. When they first met, Mooney said, Hellman told her, “You’re the first union boss I ever met.” That might have been an epithet coming from some CEOs, but Hellman had a genuine interest in understanding her perspective and working with her.

“In a sense, I think that was a very good era in terms of cooperation between the Committee on Jobs and other elements of the city,” Hellman said. “Josie and I had already met, and we’d established this kind of logic where 80 percent of what we both want for the city we agree on, and 20 percent [of the time, we agree to disagree].”

Committee on Jobs executive director Nathan Nayman — who called Hellman “one of my favorite people in the world” — told us that Hellman feels more free than many executives to be his own person.

“He’s not with a publicly held company, and he doesn’t have to answer to shareholders,” Nayman said. “He takes a position and lives by his word. You don’t see many people like him in his income bracket.”

Hellman has become a trusted hub for San Franciscans of all political persuasions, Nayman said, “because he’s very genuine. He’s fully transparent in a city that likes to praise itself for transparency. What you see is what you get.”

Hellman expects the same from others, which is why he walked away from SFSOS (and convinced Feinstein to bolt as well) in disgust over Randlett’s scorched-earth style. Among other efforts, SFSOS was responsible for below-the-belt attacks on Sups. Chris Daly, Jake McGoldrick, and Gerardo Sandoval (whom a mailer inaccurately accused of anti-Semitism).

“If all things were equal, I’d just as soon that SFSOS went away,” Hellman said. “SFSOS started doing the opposite of what I thought they would be doing, so it was fairly easy for me to part company with them. What I thought we were doing is trying to figure out ways to make the city better, not just being an antagonistic, nay-saying attack organization. I’m not a huge fan of Gerardo Sandoval, but I thought the attacks on him were beyond anything I could imagine ever being in favor of myself. And it was a series of things like that, and I said I don’t want anything more to do with this.”

Downtown, they’re not always quite sure what to make of Hellman.

“Every once in a while, he does things that irritate people who are ideologically conservative,” Mosher said. “He took an immense amount of heat for supporting the Reiner initiative [which would have taxed the rich to fund universal preschool].”

He’s given countless hours and untold riches to public schools, doing everything from endowing programs to knocking on doors in support of bond measures and often pushing his colleagues to do the same.

“My connection to him has been through the school district, and he’s really been a prince,” Sup. Tom Ammiano said. “He has even stopped calling me antibusiness. He put a lot of his energy into improving public education, and so he shows it can be done.”

Progressives don’t always agree with Hellman, but they feel like they can trust him and even sometimes win him over. “If you get a relationship with him and you’re always honest about the facts and your own interests, he will listen, and that’s pretty remarkable,” Mooney said. “He shows a remarkable openness to people who have good ideas.”

His appreciation for people of all stripes often causes him to reject the conventional wisdom of his downtown allies, who viciously attacked the Green Party members of the Board of Education a few years ago.

“Everybody said, ‘Oh my god, Sarah Lipson, you know, she’s a Green Party member, she’s the furthest left-wing person on the board,’ blah, blah, blah,” he said. “And I phoned her up one day and said, ‘I’d really like to meet you.’ And she’s — leave aside the fact that I think she’s a very good person as a human being, but she’s a very thoughtful, analytic person. Listening to her opinions about things that are happening in the school district, I really respect that. I mean, what do I know about what’s going on in the school district? I know more now than I did then. But just getting to know people, and maybe get them to understand my point of view, which isn’t that penetrating.”

Many of his efforts have received little publicity, as when he saved the Great American Music Hall from closure by investing with Slim’s owner Boz Scaggs and helping him buy the troubled musical venue. “There are things that you and I don’t even have a clue that he has done,” Nayman said.

“He’s an interesting guy,” Mosher said. “He’s one of a dying breed, a liberal Republican. He has a social conscience and wants to use his money to do good.”

Actually, calling Hellman liberal might be going too far. In the end, he’s still very much a fiscal conservative. He doesn’t support rent control, district elections for the Board of Supervisors, taxing businesses to address social problems such as the lack of affordable health care, or limits on condo conversions.

He also opposes the requirement that employers provide health care coverage, which downtown entities are now suing the city to overturn, telling us, “In general, I don’t think it’s a good idea, because I’m still, even in my aging years, a believer that the marketplace works better than other things…. Universal health care I do believe in, but what I worry is that it’s going to be another damned bureaucracy and that it’s not going to work.”

Yet he doesn’t believe wealth is an indicator of worth, saying of his fortune, “It is luck. Most of what you do you aren’t better at than everyone.”

He doesn’t believe in the law of the jungle, in which the poor and weak must be sacrificed in the name of progress. In fact, he feels a strong obligation to the masses.

As he told us, “My mantra for capitalism — and I didn’t invent this, but I think it’s pretty good — is that capitalism won, and now we need to save the world from capitalism.”

Hellman looms large over downtown San Francisco. His Financial District office offers a panoramic view of the Bay Bridge, Treasure Island, the Ferry Building, and the rest of the city’s waterfront. He likes to be personally involved with his city and the companies in which Hellman and Friedman invests.

“Usually I’m directly involved,” he told us in an interview earlier this year. “I’ve always said that I don’t like to go to the racetrack to just look at the horses. The fun of being a principal is that you’re standing at the track and not saying, ‘Gee, that’s a beautiful gray horse.’ You’re saying, ‘Come on, he’s got to win!’ So I’m almost always invariably invested in the companies that we work with, either individually or through the firm.”

Unlike many Wall Street barons who strive to control a company and bring in new executives, flip it for a quick profit, or liquidate it, Hellman said his firm tries to identify solid companies and help facilitate what they do. “We don’t usually take over companies. I always think that we provide a service to help the businesses,” he said. “Our job is kind of the opposite of owning a factory. Our job is to be sure the people who run the business feel like it’s their business.”

Similarly, he thinks capitalists need to feel a sense of ownership over society’s problems, something he thinks is taking root in San Francisco and other economic centers, particularly among the younger generations. “It’s about understanding how much suffering there is on the other side and trying to figure out how that suffering can be alleviated,” he said. “I think it’s partly good economics that as you bring people up, they’re able to do more for society. If nothing else, they’re able to buy more and shop at a Wal-Mart or something — probably someplace you would wildly disapprove of — and buy goods and services. But I don’t think it’s that narrow.”

Rather, he believes that everyone has a little progressive in them, a little desire to cooperatively solve our collective problems rather than pass them off to future generations. He sees a marked change from his days at Lehman Bros.

“Everybody was into making it,” he said, noting that many capitalists then did charity work as a means of attaining social status but focused mostly on the accumulation of wealth. But, he said, the new generation of capitalists seems genuinely interested in improving the world.

“The feeling for giving back in the next generation, in the now 25- to 35-year-olds, it’s just an order-of-magnitude difference than it was for people who are now in their 40s and early 50s,” Hellman said. “I’m very encouraged.”

Yet the flip side is that, in Hellman’s view, downtown doesn’t wield as much power as it once did. Low political contribution limits have made politicians less dependent on downtown money, creating fewer shot callers, while democratizing tools such as the Internet have broadened the political dialogue.

“For the last 30 years we have become an increasingly tolerant city, and that’s great,” he said. “In the old days, [the Guardian] complained about downtown, and yeah, no shit, downtown really did control the city. The benefit was as that slipped away, the city became fairer and more open to argument. So now downtown hardly has any power at all anymore. In a sense, that’s a good thing. Tolerance grew tremendously when the city wasn’t dictated to.”

That tolerance caused street fairs to pop up all over town and festivals such as Hellman’s Hardly Strictly Bluegrass to blossom in Golden Gate Park. Bike lanes have taken space from cars, events such as Halloween in the Castro have gotten crazier, street protests have gotten bigger and more frequent, and people have felt more free to fly their freak flags. And all that freedom eventually triggered a backlash from groups of isolated NIMBYs who complain and often find sympathetic ears at city hall.

“Sometimes you get the feeling in this city that in the land of the tolerant, the intolerant are king,” said Hellman, whose festival has endured noise complaints even though the music is shut off by 7 p.m. “There is a continuing pressure to do away with fun, because fun is objectionable to someone, [but] we need to think about not creating a new dictatorship of a tiny group of people whose views are not in line with the opinion of most of the people of San Francisco…. You should try to balance the good of a lot of people versus the temporary annoyance of a few people.”

Preserving fun and a lively urban culture is a personal issue for Hellman, who plays the five-string banjo and calls his festival “the most enjoyable two days of the year for me.” He helps draw the biggest names in bluegrass music and acts like a kid in a candy shop during the event.

“I feel very strongly that an important part of our culture is built on the type of music and type of performance that goes on at Hardly Strictly Bluegrass,” Hellman said. From parables set to music to songs of struggle and the old union standards, “that kind of music is the conscience of our country.”

He considers bluegrass a vital and historically important form of political communication, more so than many of the upscale art forms that the rich tend to sponsor. “I’m glad that we have first-rate opera, but it’s equally important that we foster the kind of music, lyrics, etc., that support all this,” he said. “Somebody once said that most of the great Western philosophy is buried in the words of country songs. And that’s closer to the truth than most people think. A big passion of mine is to try to help — and people have defined it too narrowly — the kinds of music that I think have a hell of a lot to do with the good parts of our society.”

Perhaps surprisingly for a Republican venture capitalist from the older generation, Hellman also considers the countercultural freaks of San Francisco to be some of the “good parts of our society.” That’s why he attended Burning Man for the first time last year and why, he said, he loved it, as much for the culture and community as for the art.

“I went to Burning Man because as much as possible I want to experience everything,” he said. “I want to just see directly what it’s like. I knew I’d enjoy it. I never doubted that. But what really overwhelmed me is it was 40,000 people getting along with each other. I mean, it’s pretty intense. There were dust storms and the world’s most repulsive sight: nude men over 70 just dangling along. But I never saw an argument. It was 40,000 people just enjoying each other.”

It was most striking to Hellman because of the contrast with the rest of society. As he said, “I’ve never seen this country so divided.”

While Hellman supports Schwarzenegger — calling him “a good advertisement to California” — he has nothing good to say about his fellow Republican in the Oval Office. He calls Bush’s tenure “an absolute four-star disaster.” The invasion of Iraq is the most obvious problem, he said. “Our war policy has slowly veered from being ‘Don’t tread on me’ to we’re going to jump on your neck.”

But his antipathy to certain aspects of the Republican Party began even earlier, when the religious right began to take over.

“I thought we were not that polarized during the Clinton administration. I was somewhat encouraged,” Hellman said. “Maybe there was an undercurrent of strident religious behavior or strident conservatism, but not the conservatism that I think the Republican Party used to stand for, which was fiscal conservatism instead of social conservatism. Somehow, there was this angst in this country on the part of religious people who I guess felt this country was being taken away from them, and they were the kind of stalwart or underpinnings of society. And they took it back.”

But in the wake of that disaster, Hellman thinks, there is an opportunity for reasonable people of goodwill to set the future political course. As Nayman said of Hellman, “He does believe there is a middle way pretty much all the time.”

Politically, that’s why Hellman gravitates toward the moderates of both major parties, such as Schwarzenegger and Newsom. He looks for people who will marry his economic conservatism with a regard for things such as environmentalism and social justice.

“It’s very tough to be a big-city mayor,” Hellman said. “[Newsom is] probably the best mayor we’re entitled to. He’s got this fantastic balancing act.”

Hellman said downtown hasn’t been terribly happy with Newsom for supporting striking hotel workers, getting behind Ammiano’s health insurance mandate, supporting tax measures, and generally letting the Board of Supervisors set the city’s agenda for the past two years.

“Their measure is he has 80-percent-plus popularity, and he ought to spend some of it. Well, they might not agree with what he would spend it on. And he’s been unwilling to spend very much of it. In some parts of the business community there is disappointment with him, but I don’t think that’s right. He didn’t hide what he would be like.”

What Newsom said he would be — a big reason for his popularity — is a mayor for the new San Francisco, a place where the city’s traditional economic conservatism has been tempered by a greater democratization of power and an ascendant progressive movement that expects its issues to be addressed.

“I don’t like people who are intolerant,” Hellman said. “I don’t like people that are telling you something to get some outcome that, if you understood it, you probably wouldn’t want. I like people that are passionate.”

Asked, then, about Sup. Chris Daly, the nemesis of downtown and most definitely a man of strong political passions, he said, “I admire Chris Daly. I disagree with Chris on a lot of things he believes, but there are also probably a lot of things I would agree with Chris on. And I respect him.”

Hellman is the rare downtown power broker who wants to bridge the gap between Newsom — whom he calls a “moderate to conservative establishment person” — and progressives such as Daly, Mooney, and the Bicycle Coalition. The middle ground, he said, is often a very attractive place, as it was with Healthy Saturdays.

“I’m sure you spend time in the park on Sunday, and it’s a hell of a lot nicer in there on Sundays than Saturdays,” Hellman said. But even more important to him, this is about integrity and being true to what Golden Gate Park garage supporters promised back in 2000.

“They were proposing Saturday closing at that time, which I’ve always thought was a good idea,” he said. “And we made a commitment to them, or I thought we made a commitment to them, that let’s not have Saturday closure now, but as soon as the garage was done, we’d experiment with Saturday closure.”

We brought up what Fine Arts Museums board president Dede Wilsey has said of that pledge, that it was under different circumstances and that she never actually promised to support Saturday closure after the garage was completed.

“There’s a letter. She put it in writing,” he said of Wilsey. “She signed a letter on behalf of the museums saying that when the de Young is done, we should experiment with Saturday closings.”

The Bike Coalition’s Shahum said that even when Hellman was an enemy, he was a reasonable guy. But it’s in the past couple of years that she’s really come to appreciate the unique role he plays in San Francisco.

“He showed decency and respect toward us,” she said. “We never saw him as a villain, even though we disagreed completely. Later he really stepped up and has been a leader on Healthy Saturdays. And what I was most impressed with is that he was true to his word.”

Supervisor McGoldrick, who sponsored the measure, echoed the sentiment: “Hellman was certainly a man of his word who acted in a highly principled way.”

So why does Hellman now stand apart from the downtown crowd? Has he parted ways with the economic and cultural power brokers who were once his allies?

No, he said, “I think they parted ways with me.” *

 

Small Business Awards 2007: Golden Survivor Award

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It didn’t seem like Harold and Larry Hoogasian were going to take up the family business, floristry. The brothers, exactly three years apart in age (both were born on Bastille Day), attended UC Berkeley in the ’70s – Harold studied genetics; Larry majored in architecture.

But a love of the customers and the family tradition drew them back into the fold. "We grew up in the business," says Larry, who remembers working with his older brother and father, Harold Sr., after school and on weekends at the flower stand that has occupied a spot in front of Gump’s on Post Street since Feb. 14, 1953.

Prior to establishing possibly the first stationary flower stand in the Financial District, the siblings’ grandfather was one of many small vendors of gardenias and violets operating a pushcart around the bustling downtown area. "One day he just got lazy and stayed in one place," Larry says, recalling what he’s always been told about his grandfather’s bold move.

It was their father who extended the reach of the business to the Cannery on Fisherman’s Wharf and Treasure Island, then a naval base. Both locations afforded the stand’s customers large doses of ’60s flower power. The tourists who flocked to the Cannery had all heard Scott McKenzie croon, "If you’re going to San Francisco …," and made sure to wear one of the Hoogasian blooms in their hair. The Treasure Island business was the spot where soldiers wired their last tokens of affection to loved ones before heading overseas.

After taking ownership, the sons brought the business to the next level. Harold took on marketing and promotions; Larry handled all of the designs and arrangements, then opened a storefront on Lombard Street, which closed shortly after he set up the current shop in South of Market six years ago.

It seems fitting that Harold and Larry, both fans of the city’s vibrant music scene as teens, would become an important part of the city’s music culture – florally speaking.

As the story goes, Harold entered a design contest at a flower show in 1976. Larry’s task was to build a gazebo. He pulled out all the stops, constructing a massive 1,000-square-foot structure. As he was nailing flowers over the trellises, a man strolled by and exclaimed, "My, my, my. I’ve never seen a pile of sticks so beautiful." That man happened to be Bill Graham. Not only did the siblings win the contest, but they also began a long relationship as the concert promoter’s florist, decking out dressing rooms for the Grateful Dead and Elton John and even putting together the wedding bouquet for Madonna’s "Like a Virgin" tour.

A career highlight for Larry, who was raised Catholic and had a contract with St. Mary’s for many years, came when he won the bid to make all of the arrangements for Pope John Paul II’s 1987 visit. "I had to chase away all the nuns," he says, explaining that many habited women were trying to snatch keepsakes from the floral decorations that were being broadcast to millions of television viewers.

His brother, Harold, has received his fair share of accolades too. His efforts have put the company in online and telephone floral service FTD’s top 100 in volume sales since the mid-’90s. To keep up with the competition, Harold has sealed contracts with 30 Walgreens, where a lot of last-minute flower sales occur these days.

Larry foresees customers soon pouring into the location on Townsend and Seventh streets as more residents move into the increasingly residential neighborhood. It looks like Hoogasian Flowers will be creating beautiful arrangements for locals on their birthdays and for their weddings and funerals for many years to come. (Deborah Giattina)

HOOGASIAN FLOWERS

615 Seventh St., SF

(415) 229-2732

www.hoogasian.com

Amen with a camera

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› cheryl@sfbg.com

Divine messages are tricky, particularly for true believers who have no choice but to obey whatever directive the big G passes down. "God told me to!" can lead to heroic or comical or tragic ends; really, it’s a convenient excuse to do just about anything. For Richard Gazowsky, pastor at San Francisco’s Voice of Pentecost Church, the Lord’s message was simple if extravagant: "I want you to be the Rolls Royce of filmmaking."

Given that Voice of Pentecost is situated in an old movie theater and that Gazowsky received his vision in 1994 — soon after the then-40-year-old saw his first movie, The Lion King — this decree was not as surprising as it sounds. But as Michael Jacobs’s documentary Audience of One reveals, the quixotic Gazowsky has hit endless snags in his quest to be the next Mel Gibson (or George Lucas) with his "Ten Commandments meets Star Wars" epic, Gravity: In the Shadow of Joseph. It seems unquestioning faith can only go so far before naïveté, technical inexperience, and long-overdue rent get in the way.

Intrigued by Lessley Anderson’s Jan. 5, 2005, SF Weekly article on the church’s cinematic aspirations, Jacobs (at the time a newly rooted San Franciscan by way of Colorado) headed out to Ocean Avenue to take in a service. Before long, he’d found the topic of his first feature-length documentary.

"I walked into Voice of Pentecost, and it was like stepping onto another planet. I’d never seen anything like it: singing, dancing, falling down, speaking in tongues. I was really floored," Jacobs told me over the phone from New York City, where Audience of One (which premiered at the 2007 South by Southwest film festival and is slated for the 2007 San Francisco International Film Festival) screened as part of the Film Society of Lincoln Center’s "New Directors/New Films" series.

Though Gazowsky’s production company, Christian WYSIWYG Filmworks (yep, it stands for "what you see is what you get"), has about 30 employees, the charismatic preacher was the natural choice for Jacobs’s primary subject. "The pastor [came] out and [updated] his congregation on the trials and tribulations of making this independent Christian blockbuster," Jacobs remembers. "I was immediately fascinated."

Having received his own calling of sorts, Jacobs asked Gazowsky and his congregants to appear in his doc. "I was really candid. I told them I’m Jewish and had no intentions of being a part of their church but that I wanted to observe their creation. I talked to Pastor Gazowsky about my philosophical approach to documentary and how I wanted to make an observational film. I wasn’t gonna use narration or come at it from a liberal or conservative perspective. I wasn’t gonna put it into the context of Christianity. I just wanted to make it as much cinéma vérité as possible."

Voice of Pentecost agreed to give Jacobs fly-on-the-wall access. For the next few months he captured WYSIWYG’s casting calls, stunt rehearsals, set-design meetings, and other bustling preproduction activities for a fast-approaching Italian location shoot. The footage comprises Audience of One‘s decidedly optimistic first half; anticipation runs sky-high among the (nearly all-volunteer) cast and crew despite several hints of challenges ahead. Gravity‘s massive wardrobe, including an abundance of Jediesque hoods, remains many stitches from completion, and the camera and sound equipment — at Gazowsky’s insistence, entirely state-of-the-art — is still being tested.

Soon before WYSIWYG uproots to Italy, one of the few pros involved in the production, cinematographer Jens Klein, tells Gazowsky he’s concerned about Gravity‘s abbreviated prep time. Something always goes wrong on the set, the experienced Klein cautions — and of course, it does.

By then Jacobs was "an inside outsider," his camera-toting presence a familiar sight. He traveled to Italy and documented WYSIWYG’s problem-plagued shoot. "I really did sort of blend into the scene," he says. "That relationship continued to grow and strengthen for about six months. When we came back from Italy, things got a little stranger. The lines got very blurry at times between subject and reality and responsibility and professionalism."

At first the blurry lines stayed off camera, and Jacobs’s cinéma vérité goals remained intact. For example, he helped the exhausted crew move stones before one of Gravity‘s outdoor scenes. "I saw them working so hard, and they weren’t getting anything done. I couldn’t not help them," he recalls. "All of a sudden, I was, like, ‘Wait a minute, what am I doing?’ That’s not my professional responsibility, but I have this personal thing here where I want to help them."

After the Gravity crew returned to the United States, they set up shop on Treasure Island, leasing an enormous film studio from the city of San Francisco. To Jacobs, and by extension the Audience of One viewer, it’s quite clear that the funding Gazowsky expects from a mysterious German source will never materialize. At one point he’s counting on $200 million — a huge amount for a Hollywood film, let alone an independent production created by unproven first-timers. Gazowsky’s faith in the Lord may be strong, but the faith he has in his investors is positively breathtaking.

His faith in Jacobs, however, wavers a bit. Midway through Audience of One, the WYSIWYG gang becomes increasingly paranoid that someone — Hollywood spies, perhaps — will try to steal its creative thunder; as a result, new security measures are introduced and Jacobs’s on-set freedom is restricted.

"It’s not in the film, but we sort of had an argument about it," Jacobs recalls. "I said to [Gazowsky], ‘If my film is about your film, what am I supposed to do?’ I remember leaving that day thinking, ‘The film’s over. I don’t know what to do anymore. I’ve got all this footage, and the story’s not complete.’ I was feeling pretty low about that."

A few weeks later, though, he was reviewing his tapes and had a revelation. Though WYSIWYG’s financial woes and creative differences among the staff had grounded Gravity, all was not lost for Audience of One.

"I realized, ‘Wow, this isn’t a film about filmmaking. This is a film about these people and specifically this one character,’ " Jacobs says. "I came back to them saying, ‘I don’t really care about your film anymore. You guys are the heart of my story, and it’s really more about you.’ I figured it would be a good way to engineer this paranoia into the narrative of my documentary, because that’s what was really happening — that was the vérité. They were trying to push everybody away, particularly me. Why can’t that be a part of the story as opposed to an inhibitor of the story?"

The tone of Audience of One reflects Jacobs’s self-described "celebratory and exploitive" approach to his subjects, about whom he remained "deeply ambiguous." This proved difficult with Gazowsky, who can be charming (he’s an intensely likable guy whose dare-to-be-great moviemaking approach is nothing if not admirable) and off-putting (he’s incapable of addressing WYSIWYG’s practical problems). "What’s so fascinating about him — and so complex and so frustrating — is how quickly he can go back and forth between being completely self-aware and being this visionary dreamer who’s crazy, if you want to call him that."

Gazowsky may have irrational moments in the documentary, but if there’s ever been a zeitgeist moment for faith-based entertainment, it’s now. There’s the obvious example of Gibson’s The Passion of the Christ (2004), which grossed hundreds of millions of dollars. Fox Faith has distributed at least three films (including 2006’s The Ultimate Gift) in the Bay Area in the last few months. And if you think San Francisco is too godless a city to support such releases, remember this: Voice of Pentecost is here, though its members hardly resemble the Harry Potter–hating evangelicals spotlighted in Jesus Camp, a 2006 Oscar nominee that shares Audience of One‘s secular-filmmaker-documents-Christians theme.

"Because this is San Francisco, these people are extremely creative," Jacobs says, referring to the Voice of Pentecost faithful. "A lot of them have been out in the world and experimented with drugs, and that’s why they’re trying to get back on God’s plan, as they call it. Most evangelicals see things in black-and-white, but in this group there’s a large gray area. I’ve never heard them say really harsh or judgmental things about others. They would much rather get out there and celebrate God and make a film."

With that in mind, Jacobs exercised restraint in the editing room. "That was by far the most challenging part of the film, because of that balance I wanted to create: Are we laughing with them, are we laughing at them? Is this funny because they’re naive or because they’re flawed like any human being? We definitely edited for laughs, but there are no cheap shots. The laughs are based around the folly of filmmaking, not based around laughing at their god. We have fun with the material and the people, but it’s not purely ridicule — it’s as much a celebration and an inspiration at the same time. More importantly, let’s let the audience make their own decision about how they feel."

So what does Gazowsky think of the film? As evenhanded as Jacobs tried to be, Gazowsky’s portrayal is not entirely flattering. From WYSIWYG HQ, Gazowsky — who’s still awaiting funding so he can finish Gravity, among other projects — said he found the film difficult to watch but appreciated its honesty. Seeing it was quite an experience, "because you’re watching the last few years of your life going up on the screen. And, of course, I don’t have control of anything — the way it’s edited is just the way it is. And I’m looking at it, going, ‘Boy, that is a crazy guy. Do I know him? Oh, it’s me!’ It’s hard to look at yourself, I would say."

Though Gazowsky has a healthy sense of humor, he’s 100 percent serious about his filmmaking aspirations. As Audience of One shows, he dreams big — maybe too big. (A firm believer that Hollywood has abandoned good storytelling, he cites Lawrence of Arabia as his favorite movie.)

"I feel Mike [Jacobs] was very sweet, but at the same time he did not fully understand what it is we’re doing. I don’t think anyone really looking on the outside understands it. And here’s the reason: it’s because everybody’s thinking there’s an angle somewhere and never realizes we really love movies," Gazowsky says.

Though WYSIWYG’s love of movies also includes a desire to make people "feel God — and what that means to you and me might be different," Gazowsky hopes he’ll complete a project that pleases not just the holy audience of one who set him on his cinematic path in the first place but also the masses. After all he’s been through — in Audience of One and beyond — he remains steadfast. "We really want to make the biggest film ever done." *

AUDIENCE OF ONE

Screening at the San Francisco International Film Festival

May 3, 6:30 p.m.; May 7, 12:45 p.m.; $10–$12

Kabuki Cinema

1881 Post, SF

(925) 866-9559

www.sffs.org

>

The corporation that ate San Francisco

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› sarah@sfbg.com

For the past decade, Florida-based megadeveloper Lennar Corp. has been snatching up the rights to the Bay Area’s former naval bases, those vast stretches of land that once housed the Pacific Fleet but are now home to rats, weeds, and in some places, low-income renters.

When the Navy pulled out of Hunters Point Shipyard in 1974, it left behind a landscape pitted with abandoned barracks, cracked runways, spooky radiation laboratories, antique cranes, rusting docks, and countless toxic spills.

A quarter century later, Lennar came knocking at the shipyard’s door — and those of other military bases abandoned in the waning days of the cold war — recognizing these toxic wastelands as the last frontier of underdeveloped land in urban American and an unparalleled opportunity to make big money.

Lennar had already won its first battle in 1997, seizing control of the Bay Area’s former military pearl in Vallejo when it was named master developer for the old Mare Island Naval Shipyard. Two years later it almost lost its bid for Hunters Point Shipyard when a consultant for the San Francisco Redevelopment Agency recommended giving the development rights to the Ohio-based Forest City.

Lennar fought back, calling on politically connected friends and citing its deep pockets and its track record at Mare Island.

A parade of Lennar supporters, many of them friends of then-mayor Willie Brown and Rep. Nancy Pelosi, told the Redevelopment Agency commissioners that Lennar was the only developer that had bothered to reach out to the Bayview–Hunters Point community. In the end, the commissioners — all of them mayoral appointees — ignored their consultant’s advice and voted for Lennar.

Nobody knows if Forest City would have done a better job. A developer is, after all, a developer. But Lennar’s victory at the shipyard helped it win the rights, four years later, to redevelop Treasure Island — long before it had even broken ground at Hunters Point. And a couple years ago, it parlayed those footholds into an exclusive development agreement for Candlestick Point.

Now the Fortune 500 company, which had revenues of $16.3 billion in 2006, does have a track record at the shipyard. And that performance is raising doubts about whether San Francisco should have entrusted almost its entire undeveloped coastline to a profit-driven corporation that is proving difficult to regulate or hold accountable for its actions.

Sure, Lennar has provided job training for southeast San Francisco residents, set up small-business assistance and community builder programs, and invested $75 million in the first phase of development. That’s the good news.

But on Lennar’s watch, a subcontractor failed to monitor and control dangerous asbestos dust next to a school at the Hunters Point Shipyard, potentially exposing students to a deadly toxin — despite promising to carefully monitor the air and control the construction dust.

And when the homebuilding industry took a nosedive last year, Lennar reneged on its promise to provide needed rental housing on Hunters Point — saying that its profit margins were no longer good enough to make rentals worthwhile. All of which raises questions about whether this company, which is working with Mayor Gavin Newsom to build a stadium at the shipyard to keep the 49ers in town, really has San Francisco’s interests in mind.

Bayview–Hunters Point native Dr. Ahimsa Porter Sumchai, a physician and a Sierra Club member, called the Lennar deal the "dirty transfer of the shipyard." She told us, "There is no reason why I’d trust Lennar more than I would the Navy and the federal regulators who have stringently worked on the cleanup of Hunters Point Shipyard, and yet it still remains toxic."

"This is just a play to get the shipyard," said Porter Sumchai, whose father was a longshore worker at the shipyard and died from asbestosis.

Part of the problem is systemic: the Redevelopment Agency hands over these giant projects to master, for-profit developers — who can then change the plans based on financial considerations, not community needs. And while Lennar likes to tell decision makers of its massive size and resources, the actual work at these bases has been delegated to limited-liability subsidiaries with far fewer available assets.

In this case, Lennar experienced a 3 percent drop in sales last year, a 29 percent increase in cancellation rates on homes, and a 15 percent dip in its fourth quarter profits. The downturn prompted Lennar’s president and CEO, Stuart Miller, to identify ways to improve what he described in the annual report as the company’s "margin of improvement" in 2007. These included "reducing construction costs by negotiating lower prices, redesigning products to meet today’s market demand and building on land at current market prices."

A Lennar spokesperson, Sam Singer, issued a statement to us saying that "Lennar BVHP is committed to operating responsibly, continually incorporating best community and environmental practices into our everyday business decisions."

But for a look at how Lennar’s model clashes with community interests, you need go no further than the edge of the site where Lennar has been digging up asbestos-laden rock.

DUST IN THE WIND


The Muhammed University of Islam is a small private school that occupies a modest flat-roofed hilltop building on Kiska Road with a bird’s-eye view of the abandoned Hunters Point Shipyard. This year-round K–12 school is affiliated with the Nation of Islam and attracts mostly African American students but also brings in Latino, Asian, and Pacific Islander children, many of whom have had problems in the public school system and whose parents can’t cover the cost of a private school.

"We find a way," the school’s mustachioed and nattily dressed minister, Christopher Muhammed, recently told the Redevelopment Agency in a veiled allusion to the financial nexus between the MUI and the Nation of Islam’s mosque and bakery on Third Street. "Many students aren’t members of our tradition but live across the street, down the street, or come from Oakland and Vallejo."

The minister is asking the Redevelopment Agency, the agency that selected Lennar and oversees the project, to permanently relocate the school. The school’s classrooms and basketball courts sit on the other side of a chain-link fence from Parcel A, which is the first and only plot of land that the Navy has certified at the shipyard as clean and ready for development.

Standing on these courts, the children have been able to watch heavy machinery digging up and moving huge amounts of earth in preparation for the 1,600 condos and town houses that Lennar wants to build on this sunny hillside, which has views of the bay and the rest of the shipyard.

The shipyard’s other five parcels are still part of a federal Superfund site, despite having undergone years of decontamination. Black tarps cover piles of soil that have been tagged as contaminated, and recently, radiological deposits were found in the sewers and soil. The Navy is still cleaning up a long list of nasty toxins, including PCBs and solvents, on Parcels B through F, the land Newsom now wants the city to take over so that it can hastily build a stadium for the 49ers.

But the minister’s request to relocate the MUI isn’t inspired by fear of Navy-related contamination or the impact of a stadium on the neighborhood but rather by the reality that asbestos is naturally present in this hillside and Lennar’s excavation work on the other side of the school’s chain-link fence has been kicking up dust for almost a year.

It’s not that Lennar and the city didn’t know about the asbestos. In April 2000 the environmental impact report for the shipyard reuse noted, "Because asbestos-containing serpentinite rock occurs at Hunters Point Shipyard, construction-related excavation activities could cause chrysotile asbestos associated with serpentinite to become airborne, creating a potentially significant impact to public health and safety."

So when Lennar proposed demolishing abandoned housing and roads and grading and transferring massive amounts of earth on Parcel A, the Bay Area Air Quality Management District demanded an asbestos dust mitigation plan that included sweeping and watering the construction sites and making sure that vehicle tires are washed before drivers exit.

The state Asbestos Air Control Toxic Measure also stipulates that if a school lies within a quarter mile of a construction site, local air districts can require developers to install asbestos dust monitors and shut down their sites whenever asbestos registers 16,000 fibers per cubic meter. The state requires these extra steps because children have higher metabolisms, growing lungs, and longer life expectancy. Plus, they’re lower to the ground and are likely to run, skip, hop, and play ball games that kick up dust.

Although Lennar agreed to abide by the air district’s requirements, the developer failed to properly implement this plan for more than a year.

The air district’s records show that Lennar’s environmental consultant, CH2M Hill, failed to include any air monitoring in its original plan for Parcel A, which is odd because the school is obvious to anyone who visits the site. It was only when the air district pointed out the existence of the Hunters Point Boys and Girls Club, the Milton Meyer Recreation Center, and the MUI, all within the quarter-mile limit, that Lennar agreed, at least on paper, to what the air district describes as "one of the most stringent asbestos dust mitigation plans in the state."

The plan combines the air district’s asbestos requirements with the city’s demands that Lennar limit "ordinary dust" that can cause respiratory irritation and aggravate existing respiratory conditions, such as asthma and bronchitis. Lennar agreed to implement the plan in the summer of 2005 and determine background levels of dust and toxins at the site before work began in the spring of 2006.

But that didn’t happen. For 13 months there is no data to show how much asbestos the MUI students were exposed to, neither for the 10 months before construction started on the cleared site nor for the first three hot and dusty months when Lennar’s subcontractors began massive earth-moving operations next to the school.

You’d think that after these failures became public knowledge, a devastated Lennar would have gotten a black eye and perhaps fired the subcontractors involved. Failing to protect children in a community that’s been the repeat victim of environmental injustice is a public relations nightmare, particularly in a part of town where distrust of redevelopment runs deep, thanks to the travesties in the Fillmore in the 1960s, followed by the city’s recent rejection of a referendum to put the Bayview–Hunters Point Redevelopment Plan to a public vote.

But while Lennar’s executives finally did the right thing last August by alerting the air district and replacing CH2M Hill, they didn’t release their two other subcontractors, Gordon Ball and Luster, nor did they sufficiently rein them in when violations continued, critics have testified at agency meetings.

And instead of apologizing to the air district and the city’s Department of Public Health for making them look like impotent fools, Lennar executives pushed back, contending that asbestos monitoring wasn’t necessary until May 2006 and that they didn’t need to water the tires of private vehicles.

They even listed economic rationalizations for the screwups that did happen. According to a memo marked "confidential" that the Guardian unearthed in the air district’s files, written by the air district’s inspector, Wayne Lee, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction activity" and "Gordon Ball would have to idle about 26 employees on site, and employees tend to look for other work when the work is not consistent."

Meanwhile, the Department of Public Health was left reeling. Environmental health director Dr. Rajiv Bhatia told us, "It was very disappointing. We worked very hard. We wanted this system to be health protective. Whenever things don’t work, it takes time to get back to levels of trust. This hurts trust and credibility."

In September 2006 the air district issued Lennar a notice of violation for the period of July 14, 2005, through Aug. 3, 2006. Lee wrote that vegetation removal on the site "disturbed the soil and in some cases, likely resulted in dust." He also made it clear that "any track onto common roads could be tracked out to public thoroughfares and create asbestos dust plumes."

Lennar’s fines have yet to be determined, but they could reach into millions of dollars. State fines for emitting air contaminants range from $1,000 a day, if the violation wasn’t the result of intentional or negligent conduct, to $75,000 a day, if the conduct was deemed willful and intentional.

But as the air district weighs the evidence, one thing’s for sure: this wasn’t an isolated case of one set of monitors failing or one subcontractor screwing up. This case involves numerous violations and three subcontractors, two of which — Gordon Ball and Luster — are still working next to the MUI (neither company returned our calls).

Records show that once Lennar fired its environmental compliance subcontractor, CH2M Hill, properly installed monitors immediately detected asbestos dust, triggering 15 health-protective shutdowns during the course of the next six months. From these results, is it reasonable to conclude that had Lennar got its monitoring right from the beginning, further shutdowns would have cost Lennar’s construction subcontractors even more truckloads of money, as would have adequate watering of the site, which they didn’t get right for months?

So far, the only explanation for the watering deficiencies has come from Kofi Bonner, president of Lennar Urban for Northern California, who told the Redevelopment Agency, "Given the hilly terrain, it can only be watered enough so as not to create difficult conditions for the workers going up and down the site."

Lennar didn’t finally start to really control its subcontractors until January, when Lennar ordered Gordon Ball and Luster to "replace two site superintendents with new personnel who must demonstrate environmental sensitivity in conducting their work," according to public records.

MIAMI VICE


Headquartered in Miami Beach, Fla., Lennar began in 1954 as a small home builder, but by 1969 it was developing, owning, and managing commercial and residential real estate. Three years later it became a publicly traded company and has been profitable ever since, spinning off new entities.

Lennar Urban is one such venture. Established in 2003 to focus on military-base reuse, Lennar Urban recently produced a glossy brochure in which it proclaimed, "Military base reuse is our business — this is what we do."

Military-base development may be good business — but it isn’t always such a good deal for cities, particularly when communities don’t end up receiving what was promised on the front end.

In November 2006, Lennar announced it wouldn’t build any rental homes in its 1,600-unit development at the Hunters Point Shipyard. The Redevelopment Agency had originally approved a plan for 700 rental units on the 500-acre site, but Lennar said rising construction costs make rentals a losing investment.

Also in November, Arc Ecology economist Eve Bach warned the Board of Supervisors that Lennar’s public-benefits package for Treasure Island could be seriously compromised.

The package includes 1,800 below-market affordable housing units, 300 acres of parks, open space and recreational amenities, thousands of permanent and construction jobs, green building standards, and innovative transportation.

Bach summed up these proposals as "good concepts, uncertain delivery" and noted the discrepancy between Lennar’s stated desire for a 25 percent return and Budget Analyst Harvey Rose’s conservative prediction of an 18.6 percent return.

"Particularly at risk of shortfalls are transit service levels, very-low-income housing, and open-space maintenance," Bach warned.

With community benefits up in the air, high profits expected, and Lennar’s ability to regulate developers uncertain, many community activists question just what San Francisco is getting from the company.

"I can’t say that Lennar is trustworthy, not when they come up with a community benefits package that has no benefit for the community," activist Marie Harrison said. "I’d like to be able to say that the bulk of our community are going to be homeowners, but I resent that Lennar is spoon-feeding that idea to folks in public housing who want a roof over their heads and don’t want to live with mold and mildew but don’t have jobs or good credit or a down payment. I’ve heard seniors say, ‘I can’t even afford to die.’ Lennar is not being realistic, and that hurts my feelings and breaks my heart."

SHOE-IN


The story of Lennar and Muhammed University of Islam underscores the problems with a system that essentially relies on developers to regulate themselves. Bay Area Air Quality Management District records show officials didn’t know monitoring equipment at the site wasn’t working until August 2006, when Lennar discovered and reported the problem.

Lee reported after an Aug. 31, 2006, meeting with CH2M Hill staff, "They were not confident that the air sampling equipment was sampling correctly, due to faulty records and suspect batteries. CH2M Hill staff discovered depleted batteries and could not determine when they drained."

The air district’s air quality program manager, Janet Glasgow, told the Guardian, "The district had never been in this situation before, in which a developer, Lennar, came in and self-reported that they discovered a problem with their monitoring — something the district would never have been able to determine."

Worrisome as Glasgow’s statement is, there’s also the possibility that CH2M Hill’s failures might never have come to light had it not been for the city’s decision to demand another layer of dust controls. As Department of Public Health engineer Amy Brownell said, her inspectors were witnessing trails of dust firsthand, yet CH2M Hill’s monitors kept registering "non-detect" around asbestos.

"Which was suspicious," Brownell told us, "since they were doing massive earthwork."

Saul Bloom, who is executive director for Arc Ecology, a local nonprofit that helps communities plan for base closures and cleanups, told us he recalls "waiting for the first shoe to drop, wondering how there could be no work stoppages when Lennar was digging up a hillside of serpentinite."

The other shoe did drop shortly after the August 2006 meeting. It was black and well polished and attached to the foot of Muhammed, who began questioning whether the dust wasn’t harming his students.

But Muhammed found his questions weren’t easy to answer, given that Lennar had failed to monitor itself and therefore lacked the data that could have proved no harm was done, a scary situation since health problems from asbestos exposure don’t generally manifest themselves until many years later.

Those questions raised others about Lennar and whether it should be trusted to self-regulate.

D&EACUTE;J&AGRAVE; VU


In December 2006, Redevelopment Agency Commissioner Francee Covington asked Lennar’s environmental manager, Sheila Roebuck, if the company had any asbestos issues at other projects in the nation. Roebuck replied no, not to her knowledge.

But the Guardian has learned that Lennar already had problems with naturally occurring asbestos in El Dorado. The problems concerned dynamiting in hills that were full of naturally occurring asbestos and resulted in a $350,000 settlement in November 2006. The case involved two El Dorado Hills developers, Angelo K. Tsakopoulos and Larry Gualco, and their earthmoving subcontractor, DeSilva Gates Construction of Dublin.

As part of the terms of the settlement, the county agreed, at the behest of the developers, to make their earthmoving contractor, DeSilva Gates, who provided the dynamite, solely responsible for the settlement. Accused of, but not formally charged with, 47 violations of air- and water-pollution laws is West Valley, a limited liability company composed of Lennar Communities of Roseville, Gualco, and Tsakopoulos’s AKT Investments of Sacramento, with Lennar managing the LLC and AKT acting as the investor.

But as the Sacramento Bee‘s Chris Bowman reported, El Dorado Air Quality Management District head Marcella McTaggart expressed her displeasure directly to Lennar Communities, writing, "We are very disappointed to note that the agreed-upon measures to minimize … dust were completely disregarded by your company."

McTaggart’s words bear an eerie resemblance to Bhatia’s comments about how Lennar’s failure to protect the public heath "hurts trust and credibility."

"Ultimately, I’m very interested in being able to talk to the families and children who believe they have been harmed," Bhatia told us. "I want to help with people’s uncertainties and fears."

LEGAL PROBLEMS


Uncertainty and fear were on display at the Redevelopment Agency’s December 2006 meeting when Muhammed claimed that serpentinite, arsenic, and antimony had been found on his students and staff through "resonance testing."

Lung cancer experts doubt that methodology, telling us the only way to detect serpentinite in bodies is by doing an autopsy.

Following the minister’s claims, a rattled Bonner told the Redevelopment Agency, "Lennar cannot continue to be accused of covering something up or willfully poisoning the community because of profits. Lennar is a national public company, and the accusations and allegations are very serious."

Unfortunately for Lennar and the city, the company’s failures to monitor and control dust have left both entities exposed, since they formed a limited liability company without extensive resources, Lennar BVHP, to conduct the shipyard cleanup.

This exposure became even more evident when Muhammed returned to the Redevelopment Agency Commission in January with 15 MUI students in tow to ask for a temporary shutdown of Lennar’s site until a permanent relocation of the school had been worked out.

"It doesn’t seem proper to have peace discussions while the other side is still shooting," Muhammed said.

His relocation request got Bayview–Hunters Point community activist Espanola Jackson raising more questions: "OK, but where are the other residents going? How can you displace them? Have the residents on Kiska Road been notified? Or on Palou? Nope. You give people dollars to do outreach, but they don’t come to my door. Someone is being paid to not give the truth."

Scott Madison, a member of the Hunters Point Shipyard Citizens Advisory Committee, who’d observed large excavation machines breaking rock but not using water or any other dust controls, said, "I don’t understand how Lennar, who I believe has a sincere interest in doing right, can continue to have a contractor who is out of control."

Bonner explained that Lennar sent notices of default to its subcontractors and hired people from the community to be monitors, plus installed a secondary level of consultants to monitor contractors. But when Redevelopment Agency commissioner London Breed expressed interest in releasing the old contractor and hiring a new one, the agency’s executive director, Marcia Rosen, chimed in.

"Our agreement," Rosen said, "is not with the subcontractor. Our agreement is with Lennar." Her words illustrated the agency’s impotency or unwillingness to crack the whip over Lennar and its subcontractors. But when Lennar Urban vice president Paul Menaker began to explain that its contractors have a 10-day cure period, it was too much for Commissioner Covington.

"We’re way past that," Covington exploded. "We’re not hams!"

EXPLODING HAMS


Perhaps they’re not hams, but the commissioners’ apparent inability to pull the plug on Lennar or its subcontractors leaves observers wondering how best to characterize the relationship between the agency, the city, the community, and Lennar.

Redevelopment Agency commissioners have been appointed either by Mayor Gavin Newsom or his predecessor, the consummate dealmaker Willie Brown. But the incestuous web of political connections goes even further.

Newsom is Speaker of the House Nancy Pelosi’s nephew by marriage. Newsom’s campaign treasurer is another Pelosi nephew, Laurence Pelosi, who used to be vice president of acquisitions for Lennar and now works for Morgan Stanley Real Estate, which holds Lennar stock.

Both Newsom and Laurence Pelosi are connected to lobbyist Darius Anderson, who hosted a fundraiser to pay off Newsom’s campaign debts. Anderson counts Lennar as his client for Treasure Island, Mare Island, the Hunters Point Shipyard, and Candlestick Point, another vast swath of land that Lennar controls.

Brown’s ties to the agency and Lennar run equally deep, thanks in part to Lennar’s Bonner, who was Brown’s former head of economic development and before that worked for the Redevelopment Agency, where he recommended hiring KPMG Peat Marwick to choose between Catellus, Lennar, and Forest City for the Hunters Point project.

KPMG acknowledged all three were capable master developers, but the commission decided to go with the most deep-pocketed entity.

Clearly, Lennar plays both sides of the political fence, a reality that suggests it would be wiser for cities to give elected officials such as the Board of Supervisors, not mayoral appointees, the job of controlling developers.

DAMAGE CONTROL


Under the current system, in which Lennar seems accountable to no one except an apparently toothless Redevelopment Agency, you can’t trust Lennar to answer tough questions once it’s already won your military base.

Asked about asbestos at the Hunters Point Shipyard, Bonner directed the Guardian‘s questions to veteran flack Sam Singer, who also handles PR for Ruby Rippey-Tourk. Singer tried to dodge the issue by cherry-picking quotes, beginning with a Dec. 1, 2006, letter that the city’s health director, Dr. Mitch Katz, sent to Redevelopment’s Rosen.

Katz wrote, "I believe that regulatory mechanisms currently in place for Shipyard Redevelopment are appropriate and adequate to protect the public from potential environmental hazards."

The assessment would seem to be at odds with that of Katz’s environmental health director Bhatia, who has been on the frontline of the asbestos fallout and wrote in a Jan. 25 letter, "The failure to secure timely compliance with the regulations by the developer and the repeated violations has also challenged our credibility as a public health agency able and committed to securing the regulatory compliance necessary to protect public health."

Singer also quoted from a Feb. 20 Arc Ecology report on asbestos and dust control for Parcel A, which stated, "Lennar’s responses have been consistently cooperative." But he failed to include Arc’s criticisms of Lennar, namely that its "subcontractors have consistently undermined its compliance requirements," that it has "not exercised sufficient contractual control over its subcontractors so as to ensure compliance," and that it was "overly slow" in implementing an enhanced community air-monitoring system.

Singer focused instead on Arc’s observation that "there is currently no evidence that asbestos from the grading operation on Parcel A poses an endangerment to human health and the environment."

Lack of evidence is not the same as proof, and while Arc’s Saul Bloom doesn’t believe that "asbestos dust is the issue," he does believe that not moving the school, at least temporarily, leaves Lennar and the city liable.

"They formed a partnership, protective measures didn’t happen, the subcontractors continue to be unreliable, and dust in general continues to be a problem," Bloom told us.

Bloom also recommends the Redevelopment Agency have an independent consultant on-site each day and bar contractors who screw up. "Without these teeth, the Redevelopment Agency’s claims that they have enforcement capabilities are like arguments for the existence of God."

Raymond Tompkins, an associate researcher in the Chemistry Department at San Francisco State University and a member of the Remediation Advisory Board to the Navy who has family in Bayview–Hunters Point, says what’s missing from the city’s relationship with Lennar is accountability, independence, and citizen oversight.

"If you can’t put water on dirt so dust doesn’t come up, you can’t deal with the processes at the rest of the shipyard, which are far more complicated," says Tompkins, who doesn’t want the Navy to walk away and believes an industrial hygienist is needed.

"The cavalier attitude around asbestos dust and Lennar at the shipyard fosters the concerns of the African American community that gentrification is taking place — and that, next stop, they are going to be sacrificed for a stadium." *

A little help from their friends

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The San Francisco Chronicle’s intrepid reporters have insisted repeatedly in recent weeks that the Delancey Street Foundation accepts absolutely no government funds. “Instead, it relies on donations and the profits from its commercial enterprises,” San Francisco’s paper of record wrote on Feb. 6.

A simple search of the city’s vendor database, however, confirms that several local agencies in San Francisco paid Delancey Street amounts totaling well over $1 million for the last two fiscal years alone. The Department of Children, Youth & Their Families gave Delancey Street $98,000 in program grants for each of the last two fiscal years and by the end of 2007 will have given the nonprofit more than $300,000.

And the mayor’s office gave Delancey Street $435,000 in fiscal year 2006 and $483,000 in 2005, the records show.

The city has paid the foundation more than $200,000 so far this year, and there’s another $64,000 in outstanding payments. The Guardian obtained copies of the grant agreements through sunshine requests made last week.

Mayor Newsom is receiving “counseling” for a self-diagnosed excessive love of white wine from Delancey Street’s politically well-connected executive director, Mimi Silbert, who has known Newsom and his family for years.

The foundation’s easily accessible federal tax forms reflect the hundreds of thousands in annual government dollars paid to Delancey Street.

After local blogger Michael Petrelis began contesting the claims, a Chronicle reporter clarified for Petrelis following a call to Silbert that grant money from the city supports a charter school on Treasure Island called the Life Learning Academy. The academy is managed by Delancey Street and targets troublesome teens – half of them on probation – who have had problems elsewhere in the school district. Silbert told us that the school was designed in part to emulate Delancey Street by operating businesses like its organic produce subscription service and bike maintenance shop.

She said, as Delancey Street has for years, that program residents living at the nonprofit’s Embarcadero Street headquarters depend on one another to keep the place operating through its variety of undertakings.

“We structured it without a staff and without day-to-day funding so that people could help each other,” Silbert said. “And it’s in the helping of each other that you begin to find your strength. And since they run the organization and go from department to department to department, they eventually find what they are good at.”

But there’s more. According to Delancey Street’s tax forms and deed records maintained by the county recorder, the Mayor’s Office of Housing facilitated a $4 million loan for Delancey Street in 1989 using city money to help with the construction of its sprawling residential and commercial center on the Embarcadero, which cost $20 million to build, not including donated labor. As long as Delancey Street complied with a series of terms, the loan, plus interest, would be forgiven after 20 years. Free government money, in other words.

The city’s mayor at that time was Art Agnos. Delancey Street leveraged $18 million more through the private sector to cover the rest of its construction costs for the Embarcadero Triangle Project, according to its tax forms.

They did so using a cash-generating scheme known as a “leaseback” agreement. A third party purchased the property for $18.7 million paid to Delancey Street and also covered the expense of the $4 million loan made by the city. The whole transaction took place only on paper, and in exchange, the third party got to take advantage of the property’s low-income housing tax credits by technically owning 600 Embarcadero St. while the nonprofit continued to operate Delancey Street at the location.

Silbert wields far-reaching connections inside the Democratic Party and among moneyed philanthropists including Rep. Nancy Pelosi, Sen Dianne Feinstein and even Britain’s prime minister, Tony Blair. When Silbert announced plans to expand nationally, Delancey Street’s longtime supporter, Feinstein, vowed to secure a $1 million grant from the U.S. Justice Department to help in the effort, according to a 2002 LA Times profile of the organization.

The foundation is headquartered in a burnt umber stucco building on Embarcadero Street fringed with decorative iron gates and planters beneath French-style windows. Overlaying the property is a grid of sun-baked courtyards. Its design complies neatly with the principles of New Urbanism encouraged in the northeastern neighborhood with a walkable row of ground-floor businesses and densely packed dwellings. According to lore, it was built entirely by residents of Delancey Street.

If you didn’t know it was a treatment center, frankly, you’d mistake it for another of the innumerable yuppie enclaves that have sprouted in the neighborhood over the last two decades.

Five hundred residents live on site and conduct all of the program’s day-to-day operations as part of their commitment to an intensive two-year program. They provide labor for several Delancey Street businesses that buoy the nonprofit, from its famous Delancey Street Restaurant to a national moving and trucking service.

Leaseback agreements, such as the one entered into by Delancey Street to build its hub on the Embarcadero, are a common financing mechanism for low-income housing construction. But the forgivable loan from the city shows that a little sleuthing on the part of reporters would have gone a long way in confirming the extent of the nonprofit’s professed independence

Valentine’s Day date ideas

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culture@sfbg.com
Putting together a good date can be like planning a bank robbery. You’re investing time, you’re fronting a bunch of money, and you’re coordinating complicated logistics — all in hopes of breaking the law. In this case, Murphy’s Law. I mean, let’s face it, half the time Valentine’s Day dates carry so much nervous tension and promptitude that we should all consider ourselves lucky if we wake up on February 15 with all our fingers — never mind whether we wake up alone!

There is no foolproof plan for a good date, but there is one factor that can be almost impossible for even the most lethargic lothario to mess up: the view. A nice view is always a nice view, even if you’re enjoying it with a person you think you just might hate.

So sure, you might leave the tickets at home, lock the keys in your cars, tear your inseam, spill wine on your date, or find out that she’s allergic to shellfish after you’ve made her try your seafood bisque. But at least your date might still gasp out, “The… moon… looks… pretty…” before the EMT places an oxygen mask over her mouth and wheels her out of your life forever.

THE SURE THING

These are the places where either the views or the reservations are guaranteed. The rest (ahem) is up to you.

Buena Vista Café
This place is a good bet. Get a classic Irish coffee at the place that invented it while looking out at romantic sailing ships on the Hyde street pier. They don’t take reservations, and Valentine’s is no different, so call to see how long the wait is. (Since it’ll be a Wednesday, the wait could be as good as 15 minutes.)
2765 Hyde St, SF; (415) 474-5044, www.thebuenavista.com. Mon-Fri 9am-2am, Sat-Sun 8am-2am

Greens
This vegetarian restaurant offers views of the Fort Mason marina. Two can eat for less than $100. And if your special friend is a veggie, forget the windows — they’ll be blown away just looking at all their options on the menu.
Building A, Fort Mason Center, SF; (415) 771-6222. Mon-Fri 5:30pm-9pm

Fishermen’s Grotto
This restaurant is sunk deep into the kitsch and tourism of the wharf. Since Valentine’s Day is on a Wednesday this year, you might still be able to get reservations as late as a couple days in advance.
9 Fishermen’s Wharf, SF; (415) 673-7025, www.fishermensgrotto.com. Mon-Sun 11am-11pm

Cliff House — Sutro’s Restaurant
So yeah, the new exterior looks horrible, but the views from inside are just as good as ever. The bistro section doesn’t take reservations, so look for a good spot at the bar — they have three cocktail lounges — and enjoy the scenery and a drink while waiting for your table.
1090 Point Lobos Ave, SF; (415) 386-3330, www.cliffhouse.com. Mon-Sun 9am-10pm

RISKY BUSINESS

Feeling adventurous? Try an out-of-the-ordinary option to impress your one-of-a-kind date.

Beach Chalet Brewery and Restaurant
This art deco dinner option is tucked inside Golden Gate Park, overlooking Ocean Beach. Reservations are recommended, though walk-ins may be able to find seats too. (Call to see if tables are available). At the very least, their bar is first come, first served — and hey, they’re a brewpub. The view isn’t as breathtaking as some (about half of it is parking lot), but it does have the clearest views of ocean waves.
1000 Great Hwy, SF; (415) 386-8439, www.beachchalet.com. Sun-Thur 5pm-10pm, Fri-Sat 5pm-11pm.

Tower Market
Weather permitting, you could get some food a la carte from their deli and have yourselves a picnic on Twin Peaks while the sun goes down. Throw in a bottle of wine —perhaps Sebastiani’s 2003 Merlot, buttery with a smoky finish — and a blanket, and you just might get to miss the moonrise.
635 Portola Drive, SF; (415) 664-1609. Mon-Sat 8am-8:30pm, Sun 8am-8pm

Poncho Villa’s
Well, not the most romantic – or is it? If you’ve got just the right ruca, bonding with burritos by the Bay Bridge, sipping tallboy Tecates out of paper bags, and watching boats glide by the docks could be the perfect evening.
Pier 1, SF; (415) 982-2182, panchovillasf.com. Open until 10pm

FLIRTING AT THE FERRY BUILDING

Everything here’s going to be a bit pricier. But Treasure Island and the Bay Bridge have your back, so it just might be worth it.

Hog Island Oyster Company
This oyster bar is first come, first served, but they’re only open until 8pm.
1 Ferry Plaza, SF; (415) 391-7117, www.hogislandoysters.com. Mon-Fri 11:30am-8pm, Sat-Sun 11:30am-6pm

Slanted Door
Showing up at 5:00 might get you seated, and, as always, the bar is first come, first served.
1 Ferry Plaza Bldg 270, SF; (415) 861-8032, slanteddoor.com. Mon-Thu 5:30pm-10pm, Fri-Sat 5:30pm-10:30pm

Sinbad’s
This old-school seafood restaurant is a classic standby. As an added bonus, their menu —including the lobster thermidor — is priced competitively. Call ahead to see if you can still get a table.
Pier 2 Embarcadero, SF; (415) 781-2555. Mon-Sun 10am-11pm

Guaymas
If you can swing it, take the ferry across the bay and cab it to this waterside Mexican seafood restaurant. It’s never been busy in the past, but they’re advertising a special prix fixe menu for the first time, so call about getting seated.
5 Main St, Tiburon; (415) 435-6300. Mon-Thurs 11:30am-10pm

Liquor and Love

Ok. You made it through dinner without bleeding. Congratulations. Now what? Sweep that special someone off their feet and into bed with another great view — and plenty o’ booze. These bars all offer the best moon-wedge garnish for your cocktail.

The View Lounge
The city seems a thousand miles away (and 36 floors down) as jazz flows through the cavernous rooms of The View Lounge. This sky-high bar is open to the public and features shell-shaped windows big enough to make you feel like a boardroom exec. The drinks are pricey, but the jazz is free. And they don’t take reservations, so you’ve got just as good a shot at a seat as anyone else.
Inside the Marriott, 55 4th St, SF; (415) 896-1600

Harry Denton’s Starlight Room
Denton’s place is having a special Valentine’s version of its weekly Indulgence club night, run by Sebastien Entertainment (415-979-3031). Starting at 8pm, there’ll be DJs, chocolate vodka truffles, champagne, and dancing. The cover is only $15, but the place will be busy. Call Sebastien Entertainment to see if they’re packed. Or reserve a booth or bottle service, if you roll like that.
Inside the Sir Francis Drake Hotel, 450 Powell, SF; (415) 395-8595

Orbit Room Café
This art-deco bar also has café fare (bagels and pastries) and features a rare first-story view of downtown from high up on Market Street.
1900 Market St, SF; (415) 252-9525. Mon-Thurs 7am-12am, Fri-Sat 7am-2am

Bloom’s Saloon
Bloom’s is kind of a grimy sports bar. But perched on the north slope of Potrero Hill, it has the best view of downtown east of Twin Peaks.
1318 18th Street, SF; (415) 861-9467

THE MORNING AFTER

Wow. You woke up with company. Now pull out the hat trick with View Number Three and get mom’s grandkids on lockdown — or at least get laid again…

Seal Rock Inn
This hotel and breakfast spot is perched on the cliff above the Cliff House.
545 Point Lobos Ave, SF; (415) 752-8000, www.sealrockinn.com

Louis’ Restaurant
Greasy spoon style! Dig the orange tile inside and the ruins of the Sutro Baths outside.
902 Point Lobos Ave, SF; (415) 387-6330

V-DAY VENUE DON’TS

Unless you’re a high roller, or the restaurant’s owner, these places won’t be worth the trouble.

Pier 23 Café
This come one, come all waterfront restaurant and bar would be a great bet, except they will be CLOSED FOR REMODELING!
23 The Embarcadero, SF; (415) 362-5125, www.pier23cafe.com.

Julius’ Castle
Don’t bother with this Telegraph Hill restaurant either. It’s also closed for renovations.
1541 Montgomery, SF; (415) 392-2222

Top of the Mark
The Mark is having a special Valentine’s Day dinner and no one will be seated without reservations.
1 Nob Hill Circle, SF; (415) 616-6916, www.topofthemark.com

Equinox
It’s healthy to be wary of revolving restaurants in general, but they’re also having a special prix fixe V-day menu.
Hyatt Regency, Embarcadero 5, SF; (415) 291-6619

Butterfly
Their prix fixe menu is $75 per person, plus 18% gratuity. And there’s no mention of champagne being included; so if you just drink water, you’ll get out of there for $177.
Pier 33, The Embarcadero, SF; (415) 864-8999

Advancing public power

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EDITORIAL A few months ago Pacific Gas and Electric Co. spent more than $10 million trying to keep the public Sacramento Municipal Utility District from annexing a part of Yolo County, which would have cost PG&E 77,000 customers. It was a stunning amount of campaign cash — and as is often the case, it worked: PG&E narrowly won the day, public power suffered a setback, and the people who wanted to get out from the private utility’s high rates and save big money by buying electricity from a public power agency had their hope shot down.

We’re used to this in San Francisco, where PG&E money and power have carried the day for more than 80 years and prevented the city from complying with the Raker Act, the federal law that requires public power. But the outcome of the Yolo County battle is a reminder of how high the stakes are for the beleaguered private utility — and how creative public power advocates are going to have to be in PG&E’s hometown.

It’s likely that there will be another ballot measure in the next year or two to authorize the city to sell bonds and take over PG&E’s local distribution system. The evidence is clear: public power is cheaper, public power is more environmentally sound (remember — for all its green hype, PG&E still runs a nuclear power plant), and public power is San Francisco’s legal mandate. Just about everyone in City Hall claims to be a public power supporter these days.

But in the meantime, the supervisors need to start looking at immediate alternatives that don’t involve an expensive ballot battle. There may well be ways to bring public power to San Francisco without having to confront a $10 million (or $20 million or $30 million) PG&E political blitzkrieg.

The most obvious approach is to continue the small steps the city is currently taking and leverage them into a much bigger program. There is, of course, community choice aggregation, which should continue to move forward. Beyond that, San Francisco just won the right to provide electricity at the Hunters Point Shipyard Redevelopment Project; the city is trying to do the same for Treasure Island. Why not start with the shipyard and build a public power system outward, block by block, neighborhood by neighborhood?

PG&E has no legal right to be the exclusive provider of retail power in the city. There’s no legal reason why San Francisco can’t start running wires out of the shipyard — underground, safely, with modern equipment — buy up a bunch of meters, and start offering the residents of Bayview–Hunters Point cheap electricity. The revenue from the first, say, 50-square-block project could fund the next one. The seed money could come as a loan from the General Fund.

The first thing the city’s Public Utilities Commission needs to do is conduct a study of the cost of implementing public power on a small scale in one part of town — and the likely revenue it would bring in. A larger study should look at how the city could build its own distribution system (with state-of-the-art equipment) one step at a time over, say, five or 10 years.

At the same time, of course, while the city is running electric wires, it can run fiber-optic and (if necessary) coaxial lines, with the goal of creating a city-run broadband and cable TV service.

The ideal place to start discussing this is the Local Agency Formation Commission, which should hold hearings as soon as possible, prod the SFPUC to move — and fund the study if nobody else will.

In the meantime, the City Attorney’s Office should look into another (admittedly slightly unconventional) idea: could the Redevelopment Agency, which already has the authority to issue bonds, simply seize all of PG&E’s wires, poles, and meters for a public power system?

We don’t trust the Redevelopment Agency, and it’s risky to even raise this idea. But there’s a larger issue here: in many cities and counties the council or board of supervisors runs the Redevelopment Agency. We’ve long thought that the district-elected board would be more accountable and better suited to handle the immense (and dangerous) power of this agency than a commission appointed by the mayor.

Think about it: The supervisors take over redevelopment. Redevelopment buys out PG&E’s system. A new city agency, under the supervisors, starts selling retail power at cheap rates citywide and builds new solar, wind, and tidal facilities to make San Francisco a true national model of environmentally sound energy policy.

If it’s legal — and the city attorney needs to issue an opinion on that — all it would take is political will. *

Some questions for the mayor

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EDITORIAL Gavin Newsom doesn’t want to take direct questions from the supervisors. He rarely gets asked tough questions from the press and almost never from the public. Instead, as Steven T. Jones and Sarah Phelan report ("Mayor Chicken," page 13), all of his appearances are scripted, and he does a mighty job of ducking the hard questions.

But if he is indeed going to be holding a series of town hall meetings over the next few months, there’s a chance for the voters to pin him down. Here are a few things you might want to ask the mayor:

Your own staff admits that the universal health care plan works only if employers are required to provide health benefits. Yet the Golden Gate Restaurant Association — your political ally — has sued to block this. Do you support the employer mandate? Will you call on the GGRA to drop the suit? Will you decline political contributions from the members of a group that is suing the city with the aim of destroying one of your key initiatives? Where will money come from if the suit succeeds?

When you ignored the will of the voters and decided to hold these town hall meetings instead of appearing before the supervisors, you said the supes were invited to attend. But you knew it would be illegal for them to participate under the Brown Act without some expensive preparations. Why did you do that?

Why isn’t your full appointments calendar posted on the Web? The only information the public gets is a listing of your public events. Where is the rest of the calendar?

You say you support public power, but the city’s efforts are so far limited to Treasure Island and Hunters Point. If there were a ballot measure this fall calling for the city to buy out Pacific Gas and Electric Co.’s system and set up a full-scale public power effort — similar to Sup. Tom Ammiano’s measure in 2000 — would you pledge to endorse it?

The city’s general plan states that 64 percent of all new housing should be available for below-market rates. Sup. Sophie Maxwell has a proposal to make that city law. Do you support her legislation? If not, how will the city meet its affordable housing needs?

The Planning Department acknowledges that the level of new market-rate housing being discussed for the eastern neighborhoods would inevitably destroy thousands of blue-collar jobs. Is that an acceptable trade-off?

Broadband Internet service is arguably the most important public infrastructure American cities will build in the next 50 years. Why are you prepared to turn ours over to private industry? Would it not be worth $10 million — the estimated cost put out by Google and EarthLink — to build our own system?

You asked for the City Attorney’s Office opinion that invalidated the successful referendum drive on the Bayview–Hunters Point Redevelopment Plan. Why aren’t you willing to submit this far-reaching plan to a vote? And if you believe in the plan’s community oversight provisions and deference to the Redevelopment Agency, why did you unilaterally offer the 49ers a new stadium at the old shipyard, which is within the plan’s area?

Why haven’t you followed up on the promise you made a year ago, after expressing outrage over the racist and homophobic videos made by police officers, to form a commission charged with "changing the culture" of the Police Department? And after your office blocked a citizen-based community policing plan, why didn’t you offer some alternative? Are you content with the way the department is being run?

Eight months ago, after vetoing a six-month trial period for closing JFK Drive to cars on Saturdays, you promised to study Sunday closures for six months and offer a compromise plan for Saturday closures. When can we expect that proposal, and will you now support Saturday closures?

Honestly: what’s so scary about answering questions from the supervisors?

We await his honor’s response. *

Mayor Chicken

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› news@sfbg.com

The format is always the same: Mayor Gavin Newsom shows up at a carefully scouted location somewhere in the city with his perfect tie and perfect hair. He brings a cadre of department heads in tow, sending the clear message that he can deliver government services to the public. He takes a few questions from the audience, but the format allows him to deflect anything tough, to delegate any problems to department heads, and to offer a thoughtful “we’ll look into that” when the need arises.

There is no substantive discussion of anything controversial — and no chance for anyone to see the mayor debate contentious issues.

This, of course, is by design.

Newsom has made it very clear during his first term as mayor that he can’t take the heat. He is the imperious press release mayor, smiling for the cameras, quick with his sound bites, and utterly unwilling to engage in any public discussion whose outcome isn’t established in advance.

He has become Mayor Chicken.

So don’t expect any leadership from Newsom during an upcoming series of what the Mayor’s Office is calling “policy town hall meetings” that have been hastily scheduled this year, beginning Jan. 13 in the Richmond District with a discussion of homelessness. The town hall meeting is just politics as usual for Newsom. Since taking office in 2004, he’s held eight of these stage-managed events.

“He does a good Phil Donahue shtick,” says Sup. Chris Daly, recalling one such town hall meeting Newsom held in Daly’s District 6 after he was elected mayor. “Scripted town hall meetings are smart politics for Newsom.”

Scripted events weren’t what Daly had in mind when he wrote Proposition I, which calls on the mayor to appear before the supervisors once a month to answer questions. And these campaign-style events certainly weren’t what voters had in mind Nov. 7, 2006, when 56.42 percent of them approved the Daly legislation, which asks the mayor in no uncertain terms to appear “in person at regularly scheduled meetings of the Board of Supervisors to engage in formal policy discussions with members of the Board.”

Examiner columnist Ken Garcia — a conservative hack who regularly sucks up to Newsom — recently dismissed the voter-approved measure as “a silly, obvious stunt to play rhetorical games with the mayor,” which is how the Newsom camp would like to spin things. But Daly recalls how when he first mentioned the idea of a mayoral question time — back when Willie Brown was still in Room 200 — he was sitting next to then-supervisor Newsom, “who thought it was a great idea.”

It’s hardly an unprecedented concept. Ken Livingstone, the mayor of London, meets with his city’s assembly 10 times a year and presents a detailed report on initiatives and progress. But now Newsom is mayor, suddenly Daly’s idea doesn’t strike him as all that great any more.

While it’s easy to accuse Daly of playing political games, it’s not so easy for Newsom — who loves to talk about the “will of the voters” — to dodge Prop. I. Newsom’s decision to snub voters and avoid real debate was so obvious that he got beat up on both the Chronicle and Examiner editorial pages, on several prominent local blogs, and in television broadcasts. Perhaps that’s why he decided this week to show up and give a speech at the Board of Supervisors inauguration Jan. 8, the first time in years he’s set foot in those chambers. He’s trying to look like he’s complying with voters’ wishes when he’s really doing nothing of the sort.

 

THE “KUMBAYA MOMENT”

It didn’t have to be this way. As board chair Aaron Peskin’s legislative aide David Noyola told the Guardian, immediately after Prop. I passed, Peskin tried to “depoliticize the issue” by becoming the sponsor of a motion to amend board rules.

Peskin’s motion aimed to make space on the board’s agenda for the mayor every third Tuesday so he could address the supervisors on policy matters — a matter he planned to discuss at the Dec. 7 meeting of the Rules Committee.

But two days earlier the mayor took his first jab at ducking the intent of Prop. I. He sent the supervisors a letter in which he claimed that to truly serve the public interest “we should hold these conversations in the community.”

Next, Newsom sent staffers to the Rules Committee hearing, where members discussed how not to force the implementation of Prop. I down the mayor’s throat — and the mayor’s staff claimed they’d be happy to work with the committee to that end.

As a result of this “kumbaya moment,” as Noyola calls it, the Rules Committee decided to continue the item to the following week to have more productive conversation. Meanwhile and unbeknownst to them, 19 minutes into the hearing, the Mayor’s Office of Communications issued a press release outlining Newsom’s intent to hold a town hall meeting in the Richmond District on Jan. 13 — which the mayor said would substitute for complying with Prop. I.

“The Rules Committee was blindsided by the mayor’s press release,” Noyola says.

The mayor, of course, said that all the supervisors were welcome to attend his town hall event and participate in the discussion, giving the appearance he was happy to debate but wanted to do so out in the neighborhoods. But that was a lie: Newsom and his staff knew very well that under state law, the supervisors were barred from participating in any such event.

According to the Brown Act, if a quorum of supervisors wants to be somewhere to discuss business that may be before the board in the future — such as homelessness — and if it wants policy interactions, the clerk must give notice that the supervisors intend to hold a special meeting.

The board actually discussed Newsom’s invitation, and board clerk Gloria Young estimated it would cost $10,000 to $15,000 to staff. It also raised serious procedural and legal questions for the board.

In other words, Newsom knew the supes couldn’t just show up and ask questions.

“But if the mayor wants people to just sit and attend a presentation in the background, like at a speech or a Christmas event, then special meeting notice isn’t needed,” notes Noyola, explaining why Peskin ultimately dismissed the mayor’s invite as “childish” — and why Peskin now says he’d support making question time a charter amendment, thereby forcing the mayor to comply with the will of the voters.

 

WHO’S PLAYING GAMES?

While the Newsom camp continues to dismiss the Daly-authored Prop. I as “political theater,” the supervisor is quick to counter it’s the Mayor’s Office that’s playing games.

“They claim political theater, but if that’s what it takes to get serious policy discussions going, then so be it,” says Daly, noting he has had one private discussion with the mayor in two years, while Sup. Geraldo Sandoval has not talked to him at all. “Newsom claims he has an open door to his office, but so do I — and he’s never been to mine. For the mayor to refuse to discuss important policy items and hide behind ‘I’m afraid of Chris Daly’ is pathetic. Willie Brown probably would have come.”

Daly also observes that San Francisco’s government is structurally unique within California because it represents a city and a county.

“It’s an awkward setup in which there is little formal communication between the board and the mayor,” Daly says, “other than when the board forwards legislation to the mayor for him to approve or veto.”

It’s a structural weakness that hasn’t been helped by the fact that in the three years since he was elected, Newsom only appeared before the board twice — this week and for the board inauguration two years ago — both times giving a brief speech but not engaging in dialogue. It’s an anomaly without precedent in the history of San Francisco. (It’s customary for mayors to deliver their State of the City speeches in the board chambers, but Newsom has done all his at venues outside City Hall.) Most mayors also make a point of occasionally appearing at board meetings (Willie Brown would sometimes even take questions from the supervisors).

On Jan. 8, Newsom slipped in at the last minute and sat next to Peskin until it was his turn to make some brief remarks, an opportunity that immediately followed public comment, during which a baseball-capped woman pleaded with the supervisors to “please kiss and make up with mayor.”

After Peskin welcomed “the 42nd mayor, Gavin Christopher Newsom, to these chambers where you are always welcome,” Newsom rose — and was hissed by a few members of the audience.

“This is a city that’s highly critical of its leadership and that expects greatness from its leaders,” the mayor said. “I have great expectations of 2007…. The key is to work together on the things that unite us…. I look forward to engaging with each and every one of you.”

 

WORKING TOGETHER

This isn’t just politics — there are serious issues involved. Without the monthly question time the Board of Supervisors requested and the voters approved, it’s hard for the city’s elected district representatives to figure out if this mayor actually supports or even understands the issues he claims to champion.

Last year, for example, Newsom was happy to take credit in the national press for the universal health care package that actually came from Sup. Tom Ammiano. But when Ammiano got blasted by business leaders, Newsom didn’t rush to defend the plan; it was hard to tell if he even still supported it.

Business leaders didn’t like that the proposal required employers to provide health care insurance. But Newsom’s own staff recognized that without that mandate, the plan would never work. Did the mayor support it or not?

The situation prompted Sup. Ross Mirkarimi to characterize the mayor’s proposal as “a one-winged aircraft that doesn’t fly,” and it was left to Newsom’s public health director, Dr. Mitch Katz, to confirm that both the voluntary and mandatory pieces of the legislation are joined at the hip. “One can’t successfully move forward without the other,” Katz said at a July 11 board meeting, which Newsom, of course, did not attend.

Since then, the mayor’s commitment to the amalgamated health care package has been thrown into question once again, this time thanks to a lawsuit the Golden Gate Restaurant Association filed only against the employer mandate aspect of the legislation.

The GGRA, which filed its suit the day after the election, is a Newsom ally that funneled more than a half million dollars in soft money into Rob Black’s unsuccessful campaign against District 6’s Daly and into Doug Chan’s coffers for his disastrous fourth-place showing in District 4.

Asked if he knows where the mayor stands on the city’s universal health care plan, Ammiano told the Guardian, “We’ll be meeting with Newsom in the new year and asking for a press conference in which we both pledge to give our continued support for all aspects of plan, but that’s not yet been nailed down.”

Ammiano’s experience is one example of repeated communication breakdowns between Newsom and the board, which have severely hindered policy discussions and the cause of “good government” to which Newsom so frequently pledges his fealty. As a result, Newsom has often ended up vetoing legislation only to reveal in his veto letter that all the legislation needed was a few minor tweaks — changes he might have just asked for had he been more engaged.

Consider how a year ago, Newsom vetoed legislation designed to limit how much parking could be included along with the 10,000 units of housing that were to be built in downtown San Francisco. The legislation was proposed by Newsom’s planning director, Dean Macris, and supported by every member of the Planning Commission but one.

When Newsom caught heat from downtown developers over the measure (see “Joining the Battle,” 2/8/06), he sent surrogates to muddy the waters and make his position unclear until after it was approved by the board. Newsom vetoed the measure, then proposed a couple prodeveloper amendments that hadn’t been brought to the board discussions.

“I’m trying to get the political leaders to come to an agreement because the city needs this,” a frustrated Macris told the Guardian at the time.

A few months later the board was similarly blindsided when it tried to approve legislation that would have created a six-month trial closure on Saturdays of some roads in Golden Gate Park. Newsom’s board liaison, Wade Crowfoot, worked closely with bicycle advocates and sponsor Sup. Jake McGoldrick to modify the legislation into something the mayor might be able to support.

Everyone involved thought they had a deal. Then, for reasons that still aren’t entirely clear, Newsom vetoed the measure. One of the reasons he cited was the fact that voters had rejected Saturday closure back in the 1990s, before the construction of an underground parking garage that still never fills up.

“For what it’s worth, what really sells it for me on this issue of the will of the voters was the shit I went through after Care Not Cash, when the voters supported it and [my critics] did everything to put up roadblocks. And I was making a lot of these same arguments, you know, so this hits close to home,” Newsom told the Guardian a few days after he vetoed Healthy Saturdays.

His words seem ironic: he loves the will of the voters when it suits his interest but not when it requires him to act like a real mayor.

This isn’t the first time Newsom’s been selective in honoring what the voters want: he also refused to hold up the Candlestick Park naming deal with Monster Cable, even though voters rejected it through Proposition H in 2004.

Last October, Newsom’s veto of Mirkarimi’s wildly popular foot patrol legislation led to a humiliating 9–2 override in November, but not before he’d dragged San Francisco Police Department chief Heather Fong with him through the political mud and created an unpleasant rift between himself and his formerly loyal ally Sup. Bevan Dufty.

Newsom has tried to spin his refusal to engage in question time as something other than defiance of voters by proposing the upcoming series of town hall meetings.

“Bringing these conversations to the neighborhoods — during nonwork hours — will allow residents to participate and will ensure transparent dialogue, while avoiding the politicized, counterproductive arguing that too often takes place in the confines of City Hall,” Newsom wrote in his Dec. 5 letter.

But even the Chronicle and the Examiner — neither of which have been supportive of progressives in City Hall — have condemned Newsom for ducking this fight. On Dec. 18, Chronicle editorial writer Marshall Kirduff opined, “There is no end of topics to discuss — a Muni overhaul, a new neighborhood coming to Treasure Island, police policies, the ever-with-us homeless. The city could do with more debate even at considerable risk of dopey rhetoric. That means the mayor should step out of his office, walk across City Hall and face the supervisors. It’s time to bring on the questions.”

Meanwhile, Daly notes the mayor has been spending excessive time out of state, not to mention making frequent trips to Southern California. “I think we should subpoena the guy; he doesn’t know what’s going on,” Daly quips.

A classic example of Newsom’s cluelessness about the local political scene occurred live on TV shortly after 59 percent of San Francisco voted to impeach President George W. Bush and Vice President Dick Cheney. Asked during a Nov. 16 City Desk News Hour interview with Barbara Taylor about Proposition J’s passage, Newsom said, “I am told Congress is going to come to a halt next week, and they’re going to reflect on this new San Francisco value. Before you impeach the president, you should consider the guy who would become president. Why don’t you start with the top two?”

Yup, it’s definitely time to bring on those questions. *

Newsom’s first town hall meeting takes place Jan. 13 at 10 a.m. in District 1, Richmond Recreation Center, at 251 18th Ave., SF.

 

Editor’s Notes

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› tredmond@sfbg.com


It’s been quite a political year in San Francisco. And 2007 is going to be better.


I was talking to my friend and colleague Steve Jones just before Christmas about the folks in the Mayor’s Office (and elsewhere) who still think a progressive vision for San Francisco — a city where the rich pay their fair share, where the public sector provides a wealth of services to the public, where money doesn’t rule politics and elected officials are accountable, a place where tenants are protected and land use is determined by community needs and not developer demands, a city that serves as a model for the rest of the country — is just some sort of wild and pointless fantasy. And Steve and I agreed: in 2006 the progressives won a lot of the key battles, and the so-called moderates who have no vision at all were on the defensive most of the time.


We’ve had setbacks. Things aren’t perfect. But I’ve been living in this city and watching politics for a long time now, and I can honestly say that we’re making progress.


San Francisco has a program that’s aimed at providing health insurance to everyone. San Francisco has a living-wage law. San Francisco has laws that require sizable payments to tenants who are being evicted and that require employers to offer sick days. San Francisco is going to elect its next mayor under a public-financing system that might actually allow genuine candidates who lack downtown money to compete.


San Francisco is demanding that cops actually walk beats in high-crime areas and seriously talking about demanding that almost two-thirds of all new housing be available at below-market rates. San Francisco is moving to provide public power in Hunters Point and at Treasure Island.


And none of that came out of the Mayor’s Office.


The policy debates in this city are happening at the Board of Supervisors, where district-elected representatives are pushing progressive ideas that would never have gone beyond the wild-dream stage 10 years ago.


We’re not all the way there. We still fight with each other and let our egos get in the way. We’re still trying to figure out how to deal with the fact that state and federal laws limit how far we can go to raise money and protect the vulnerable. We still aren’t quite willing as a city or a progressive movement to commit to income and wealth redistribution (at home here, not in Washington or Sacramento), a cause that defines all that we think about and do — and we need to, or in the end nothing else matters.


We haven’t kicked out Pacific Gas and Electric Co. and created a full-on public power system yet. Black kids are still dying from gunfire in record numbers. We don’t have a candidate for mayor.


And all of the people who read this will think of other things we haven’t done, because we in the progressive movement love to complain and argue and we’re never satisfied — which is, in the end, a good thing.

And the big-money greedheads who have had their greasy paws on the levers of power in this town since the Gold Rush aren’t about to surrender. Every step forward is still a struggle.


But we kicked their asses in District Six — and that was one where both sides were in full-court press and everyone knew it mattered. They have come to realize we are not just crazy dreamers.


I love this town. Happy new year. *

Blood in the water

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Mayor Gavin Newsom has long been considered a lock for reelection next year, a belief driven by his same-sex marriage gesture, hoarding of political capital, personal charm, and high approval ratings. Yet Guardian interviews with more than 20 political experts and insiders from across the ideological spectrum indicate that Newsom may now be more vulnerable than ever.
Just as San Francisco politicians are starting to calculate whether to run, the Newsom administration has suffered a series of political setbacks. In November alone, most of Newsom’s picks got spanked during the election, his veto of popular police foot patrol legislation was overridden by the Board of Supervisors, and he was caught off guard by the San Francisco 49ers’ announcement that they were moving to Santa Clara, taking with them Newsom’s hopes of landing the 2016 Summer Olympics.
“Until recently, I didn’t have a lot of hope,” Sup. Chris Daly, whom Newsom unsuccessfully worked to defeat, told us. “Now the progressives have a glimmer of hope. The mayor seems to be hurting from three or four episodes where he was caught with egg on his face.”
To many political observers — most of whom the Guardian allowed to speak anonymously in order to capture their most candid observations and plans — the defeats were indicative of a mayor who seems increasingly disengaged and out of touch. Even Newsom’s strategy of avoiding fights that might hurt his popularity has rankled many of his allies, who complain that this risk-averse approach has allowed the Board of Supervisors to effectively set the city’s agenda.
“This guy does not use one scintilla of his political capital on anyone or anything,” said former mayor Art Agnos, whose name has been dropped as a possible challenger to Newsom but who told us, “I’m not running.”
There are a number of strong anti-Newsom narratives out there, even on his signature issues, such as crime and homelessness, which persist as visible, visceral problems despite increased city spending on homeless services and controversial tactics like police sweeps and one-way bus tickets out of town for vagrants.
The mayor started his term by announcing during a radio interview that if the murder rate rose, he should be ousted from office. It did — remaining at 10-year highs through the past three years — handing his potential opponents a ready-made sound bite. The crime rate could be a powerful weapon when paired with Newsom’s failure to follow up on promises of police reform.
Newsom is still likely to offer up a long list of accomplishments in his usual statistics-laden style. But much of what he tries to take credit for was actually someone else’s initiative, such as the universal health care measure crafted by Sup. Tom Ammiano (who is running for the State Assembly and not taking a third run at the mayor’s office). Adding to Newsom’s problems in November was the lawsuit the Golden Gate Restaurant Association — a Newsom ally — filed challenging the measure.
Almost everyone we interviewed agreed that if Newsom does have approval ratings of around 80 percent, as has been reported, that support is very soft and may significantly erode during the campaign. “His support is an inch deep and a mile wide” was how one political analyst put it.
“His ‘skyrocketing’ approval rating is irrelevant,” one downtown politico told us. “People approve of the mayor like they approve of the color beige. If you fill an arena with 50,000 people and ask them to decide on what color to paint the walls, that color will always be beige. It’s not that they necessarily like beige; it’s that they will accept it as long as those freaks who want hot pink don’t get their way.”
And then there are his personal foibles. Newsom’s choice of girlfriends — from the Scientologist actress to the 19-year-old hostess — has found its way into print and caused the mayor to lash out in brittle ways that have hurt his relations with once-friendly outlets like the Chronicle, which openly mocked Newsom’s televised comments last month about how hard his job is and how he might not run for reelection.
Finally, there are the new electoral realities: this is the first mayor’s race in which challengers will receive public financing from a $7 million fund (almost all of which, Newsom campaign manager Eric Jaye argues, will be aimed at doing damage to Newsom) and the first with ranked-choice voting, allowing candidates to run as a team and gang up on the mayor.
Add it all up, and Newsom looks vulnerable. But that’s only the first part of a two-part question. The trickier part is who can run against Newsom, and that’s a question to which nobody has any good answer yet.
THE FIELD
Among the names being dropped for a mayoral run are Dennis Herrera, Aaron Peskin, Ross Mirkarimi, Matt Gonzalez, Kamala Harris, Mark Leno, Agnos, Susan Leal, Angela Alioto, Lou Girardo, Warren Hellman, Jeff Adachi, Tony Hall, Leland Yee, Daly, Michael Hennessey, Quentin Kopp, and Carole Migden. That’s quite a list.
Yet most say they are disinclined to run this time around, and none are likely to announce their candidacies in the near future, which is when most observers believe a serious run at Newsom would have to begin. Here’s the catch-22: nobody wants to run against Newsom unless his approval rating sinks below 60 percent, but it’s unlikely to sink that low unless there are rivals out there challenging him every day.
Two candidates who already hold citywide office and could aggressively challenge Newsom on police issues are Sheriff Hennessey and District Attorney Harris, both of whom have mainstream credentials as well as supporters in the progressive community. But both have expressed reluctance to run in the next mayoral election, at least in part because they’re also standing for reelection this fall and would need to leave their jobs to run for mayor.
Public Defender Adachi is a favorite of many progressives and could also run on police reform, but his job of representing sometimes heinous criminals could be easy for the Newsom team to attack Willie Horton–<\d>style.
Many of the strongest potential candidates are thought to be waiting four more years until the seat is open. City Attorney Herrera can take as much credit as Newsom for gay marriage and is a tough campaigner and formidable fundraiser who has clearly been setting himself up for higher office. Assemblymember Leno has won over progressives since his divisive 2002 primary against Harry Britt and could be mayoral material, particularly because he’s termed out in two years. But both are allies of Newsom and reluctant to run against him.
Several supervisors and former supervisors would love to beat Newsom, but the road seems steep for them. Daly just got beat up in his own reelection, so his negatives are too high to run again right now. Supervisor Mirkarimi might run, but some consider him too Green and too green and are urging him to wait four more years. Board President Peskin could also be a contender, but some doubt his citywide appeal and note a few bad votes he’s cast.
Challenges from Newsom’s right could include Kopp, the former legislator and judge; Hall, the former supervisor whom Newsom ousted from his Treasure Island post; businessman and attorney Girardo; financier and philanthropist Hellman; and Alioto, who ran last time. But these would-be challengers are generally less liberal than Newsom, who pundits say is as conservative a mayor as a town with an ascendant progressive movement will tolerate.
Finally, there’s Gonzalez, who four years ago jumped in the mayor’s race at the last minute, was outspent by Newsom six-to-one, and still came within less than five percentage points of winning. Many progressives are urging him to run again, noting that he is still popular and has the political skills to highlight Newsom’s shortcomings. But Gonzalez remains cagey about his intentions.
“I don’t believe I’m running for mayor. The chances are slim,” Gonzalez told us. “But I think he needs to be challenged.”
TEAM NEWSOM
Newsom campaign manager Jaye says he’s definitely expecting a challenge. And unlike most observers whom we spoke with, who are surveying the field and not seeing many people jumping in, Jaye expects a crowded free-for-all and a tough race.
“Is it likely to be a highly contested mayor’s race? Sure. Is that a good thing? Yes, I think it is,” Jaye said. “Every race in San Francisco is tough. The school board races here are fought harder than some Senate races.”
But Jaye thinks the new public financing system — in which mayoral candidates who can raise $135,000 will get $450,000 from the city — will be the biggest factor. “That’s one of the reasons I think everyone’s going to run,” Jaye said. “That guarantees it will be a crowded field.”
One political analyst said that’s the best scenario for defeating Newsom. He said dethroning the mayor will be like a pack of jackals taking down an elephant. No single challenger is likely to beat Newsom, but if he’s being attacked from all sides, he just might fall.
As for Newsom’s weaknesses and missteps, Jaye doesn’t agree the mayor is particularly weak and doesn’t think people will turn away from Newsom because of his candid comments on how the job cuts into his personal life.
“One of the reasons so many people like Gavin Newsom is he’s not afraid to be human in public and to be honest,” Jaye said, adding that his candidate is up for the challenge. “He is running for real and will run a vigorous race.”
Jaye concedes that the 49ers issue is difficult: Newsom will be hurt if they leave, and he’ll be hurt if he appears to give up too much to keep them here. The high murder rate and inaction on police reform are widely considered to be vulnerabilities, but Jaye said, “Gavin Newsom gets up every day and works on that problem, and if voters think another candidate has a better solution, they’ll look at it.”
Everyone agrees that candidates will enter the race late — which is what happened during the last two mayor’s races and is even likelier with public financing. If Newsom takes more hits or can’t get his head into the game, the sharks will start circling. “The next three months with what happens with the mayor will be telling,” another political insider told us.
One test will be with Proposition I, the measure voters approved Nov. 7 asking the mayor to show up for a monthly question time before the Board of Supervisors. Newsom reportedly has said he won’t come, which could look cowardly and out of touch to the voters who approved it and to the supervisors, who might make great political theater of the no-show. And if Newsom does decide to show up, most observers believe he might not fare well in such an unscripted exchange.
If Newsom implodes or appears weak in late spring, suddenly all those political heavy hitters will be forced to think about getting in the fray. After all, as just about everyone told us, nine months is like an eternity in San Francisco politics — and Newsom has the best job in town.

PG&E’s candidates

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EDITORIAL We’ve seen plenty of allies of Pacific Gas and Electric Co. on the San Francisco Board of Supervisors. We’ve seen a few PG&E bagmen, PG&E shills, and PG&E fronts. But there’s never been anyone elected to the board in our 40 years who was actually a paid attorney for PG&E.
This year there’s at least one and possibly two candidates who have worked as PG&E lawyers — and that alone should disqualify them ever from holding public office in San Francisco. The most obvious and direct conflict involves Doug Chan, the former police commissioner who is seeking a seat from District 4. Documents on file with the California Public Utilities Commission show that Chan’s law firm, Chan, Doi, and Leal, has received more than $200,000 in fees from PG&E in just the past two years.
Chan won’t come to the phone to discuss what he did for the utility, won’t respond to questions posed through his campaign manager and press secretary, won’t return calls to his law firm, and thus won’t give the public any idea what sorts of conflicts of interest he’d have if he took office.
This is nothing new for Chan: back in 2002 he put his name on PG&E campaign material opposing public power and earned a spot in the Guardian’s Hall of Shame.
Then there’s Rob Black, who worked as an attorney for Nielsen Merksamer, the law firm that handled all of the dirty dealings for the anti-public-power campaign in 2002. Black worked with Jim Sutton, his former law professor and PG&E’s main legal operative, during that period but insists he did no work on anything related to PG&E or the campaign. That’s tough to believe.
All of this comes at a time when PG&E is going out of its way, at the cost of hundreds of thousands of dollars, to buff up its image — and to fight the city’s modest but significant plans for public power.
As Steven T. Jones reports on page 16, the notorious utility is well aware that its future in San Francisco is shaky. The city is bidding to provide public electric power to the Hunters Point shipyard redevelopment project and preparing to provide public power to Treasure Island. There is a study in the works to look at developing tidal power. The supervisors are moving forward on Community Choice Aggregation, which will put the city directly in the business of selling retail electricity to customers (albeit through PG&E’s grid). And there’s talk brewing of a public power ballot initiative for next November.
PG&E president Thomas King met with Mayor Gavin Newsom this summer and sent him a nice, friendly letter afterward discussing all the ways the city and PG&E could work together.
But in fact, the utility is already opposing even the baby steps coming out of City Hall: PG&E has bid against San Francisco for rights to sell power to the shipyard, and that’s forced the city to cut prices and reduce the revenue it could have gained from Lennar Corp., the master developer. PG&E is trying to stop the city from selling power on Treasure Island and has financial ties to a private company that has rights to Golden Gate tidal power development until 2008. Meanwhile, the utility just hired the former secretary to the San Francisco Public Utilities Commission — a woman who sat in on every closed-session strategy meeting the panel held, including sessions dealing with litigation against PG&E.
In other words, PG&E is gearing up for all-out political warfare — and the mayor and supervisors need to start preparing too. From now on, people should see whatever PG&E does as hostile — and on every front the city needs to adopt an aggressive strategy to move forward toward eliminating the company’s private power monopoly.
For starters, it’s ridiculous that the city should have to fight PG&E for the right to sell power at the Hunters Point shipyard. The Redevelopment Agency should have made public power a part of the program from the start, and the supervisors should examine that plan immediately to see if it can be amended to require Lennar to buy power from San Francisco. Newsom needs to take to the bully pulpit and say that if PG&E gets this contract, nobody on the Redevelopment Agency Commission will ever be reappointed.
Meanwhile, when Chan and Black appear anywhere in public this election season, they need to be asked to fully disclose their ties with PG&E and outline their positions on public power.
And it’s time for the public power coalition to start meeting again, with the aim of crafting a ballot measure that will create a full-scale municipal system, perhaps as soon as November 2007. SFBG
PS PG&E already has one staunch ally on the board, Sean Elsbernd, a Newsom appointee who also worked in the late 1990s for the Nielsen firm. That’s three too many.
PPS If Newsom is really for public power, as he claims, then why is he pushing so hard for two PG&E call-up votes for the board? And why is he not publicly denouncing PG&E’s attempt to scuttle public power and lending his political capital to a new municipalization effort?
PPPS The SF Weekly’s Matt Smith last week all but endorsed Doug Chan — but made no mention of Chan’s PG&E ties. Did that somehow slip through Smith’s investigative reporting net?

PG&E’s extreme makeover

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› steve@sfbg.com
Mayor Gavin Newsom called a meeting with Pacific Gas and Electric Co. president Thomas King in July to let the utility chief know that the city intended to pursue public power projects on Treasure Island and Hunters Point.
“It was just to tell him that we’re going to do it,” Newsom spokesperson Peter Ragone said of the meeting. “The mayor thought it was a gentlemanly thing to do.”
King used the occasion to start an aggressive new offensive — and to preview PG&E’s latest political strategy.
In an Aug. 10 letter to Newsom, King promised not to fight the city’s plans in court and pledged to develop a better relationship with the city.
“We know that it was in this spirit of cooperation that you approached us last month, and we want to foster this spirit and forge an even stronger partnership in efforts to protect our environment in the years ahead. That’s why I wanted to respond to your questions and suggestions — and to share with you some ideas of my own,” King wrote, listing one of those ideas as helping the city develop energy from tidal power at the mouth of the bay, which Newsom had recently announced a desire to pursue.
The day after PG&E wrote the letter, Newsom and San Francisco Public Utilities Commission (SFPUC) head Susan Leal announced the city’s intention to supply public power, mostly from clean solar and hydroelectric sources, to the redevelopment project on Parcel A of the former Hunters Point Naval Shipyard, where the politically connected Lennar Corp. (which is also part of the team with the rights to build on Treasure Island) has the contract to build 1,600 new homes.
“What we want to provide is a green community at a rate that meets or beats PG&E,” Leal told the Guardian, noting the history of environmental injustices that have been heaped on the southeast part of town. “We’re very excited about what’s going on at Hunters Point. . . . It’s important that the city do the right thing for that community.”
And just as PG&E was pledging cooperation, it aggressively set out to undermine the city’s plans with competing bids and continued its fiercely adversarial posture in another half-dozen realms in which it must work with the city, battles that have cost San Franciscans millions of dollars.
“This is a competitive world and this is fair game, don’t you think?” PG&E spokesperson Darlene Chiu — who used to be Newsom’s deputy press secretary — told us of company efforts to subvert the public power projects.
Last month PG&E also hired away SFPUC commission secretary Mary Jung, who had been privy to closed-session discussions about various city strategies for dealing with PG&E. Jung, who did not return a call for comment, was required to sign a confidentiality agreement and threatened with criminal charges if she spills city secrets, although city officials acknowledge that would be difficult to prove.
PG&E has also launched a high-profile public relations offensive designed to repackage the utility as a clean and green crusader against global warming and a supporter of community programs such as the mayor’s pet project, SF Connect, to which it contributed $25,000 last month.
“The company has a long and continuing history of fighting against the city rather than working with the city on issues involving municipal power, improved reliability, connecting city facilities, and protecting ratepayers,” Matt Dorsey, a spokesperson for City Attorney Dennis Herrera, told us. “If PG&E wants to demonstrate its good corporate citizenship, it can start by changing the nature of its relationship with the city.”
BIG BUCKS
If anyone from the Bay Area needs a reminder about the big money, bare-knuckle approach PG&E uses when its interests are threatened, they need only look up the road to what’s happening in Sacramento and Yolo counties.
PG&E has so far spent more than $10 million fighting Propositions H and I in Yolo County and Measure L in Sacramento County, which together would allow the Sacramento Municipal Utility District (SMUD) to annex more than 70,000 customers in Davis and surrounding communities.
The PG&E effort has saturated mailboxes and the airwaves with messages that inflate the cost of taking over its transmission lines, imply threats of a drawn-out legal battle, and make bold claims of its being an environmentally friendly utility (for example, including nuclear power in its calculations of how “green” PG&E is).
“They’re trying to spread fear and confusion,” Davis-based public power advocate Dan Berman told us. “A new thing comes out every day. But we keep citing the message of lower rates and better service.”
In fact, SMUD has rates that are about 30 percent lower than PG&E’s and a power portfolio that includes significantly more energy from renewable sources than PG&E uses. Even King’s claim that PG&E is “the leading solar utility in the county, having hooked up more than 12,000 solar-generating customers” is misleading. The number is large because PG&E has the largest customer base in the country, but the solar rebates were state mandated and SMUD inspired and come from ratepayer surcharges.
Still, PG&E justifies its aggressive campaign in Yolo County in terms of warding off a hostile takeover of its customers. For residents there and new customers in San Francisco that the SFPUC wants to serve, PG&E’s Chiu repeats the mantra that “we have an obligation to provide services.”
Yet critics of the company say the campaign is about more than just holding on to those customers. Right now more than a dozen California communities are pushing for public power, most involving community choice aggregation (CCA) — which allows cities to buy power on behalf of citizens, potentially bypassing PG&E.
“That’s one of the reasons they’re pulling out all the stops in Davis, because if this goes through, it will embolden other communities,” Barbara George of Women’s Energy Matters told us.
San Francisco was an early city to pursue CCA, but plans to implement it have moved slowly, and now other communities — including Marin County and the cities of Oakland and Berkeley — are even further along.
“San Francisco is way behind in community choice,” George said. “The mayor is giving PG&E a lot of time to put out its claims to be green in order to fight this.”
Part of that push involves a slick 16-page mailer sent out in August by “The New PG&E” outlining “a proposal for an unprecedented and far-reaching partnership with the city of San Francisco to create the cleanest and greenest city in the nation.”
Sup. Ross Mirkarimi — a longtime public power advocate — is skeptical. “I welcome it, but I don’t buy it,” he said. “Their desire to work with us is typically predicated on the receding of our efforts to pursue public power.”
In fact, King seemed to say as much in his letter to Newsom when he wrote, “We see the investment of time, money and political capital in the public power fight as a distraction from the real need — providing clean, reliable and safe power to San Francisco.”
Chiu denied that there is a quid pro quo here, saying, “It is our intent to help San Francisco become clean and green, whether or not it comes with the city’s blessing.”
Yet Leal said the company seems more interested in stopping public power than going green. Rather than trying to undermine the city’s plans for the area, she questioned, “Why don’t they have the rest of Hunters Point, which are already their customers, be a green community?”
COMPETING WITH PG&E
Lennar is expected to announce in the next week or two whether it will go with public power or PG&E at Hunters Point. “No final decision has been made at this point,” Lennar spokesperson Jason Barnett told us.
Yet it didn’t have to be this way. Lennar’s redevelopment project is being subsidized with public funds that could have been conditioned on public power. Even as late as Oct. 17, when the San Francisco Redevelopment Board agreed to change Lennar’s contract to let the company out of building rental units, public power could have been part of the trade-off. Agency chief Marcia Rosen did not return Guardian calls asking why the public agency didn’t take advantage of this leverage.
For her part, Leal said, “I’m not afraid of competition.” It was a point echoed by Ragone, who said Newsom believes the city shouldn’t be afraid to compete with PG&E on Hunters Point or Treasure Island or to stop a PG&E bid to help develop clean tidal power.
But Mirkarimi doesn’t necessary agree. “Why do they have that right?” he asked, arguing the city shouldn’t let PG&E take control of new energy resources or customers who should be served by public power. “The tentacles of PG&E haven’t receded any less at City Hall and we should always be on our guard.”
Leal and Ragone each acknowledged that competing with PG&E isn’t always a fair fight. After all, in addition to having the resources of nearly 10 million customers paying some of the highest rates in the country, PG&E is also alleged in a lawsuit by the city to have absconded with $4.6 billion in ratepayer money during its 2002 bankruptcy, in what Herrera called “an elaborate corporate shell game.” On Oct. 2, the US Supreme Court denied review of a Ninth Circuit Court of Appeal ruling favoring the city, sending the case back to the trial court to determine just how much PG&E owes ratepayers.
That is just one of several ongoing legal actions between the city and PG&E, including conflicts over the city’s right to power municipal buildings, PG&E’s hindrance of city efforts to create more solar sites, and battles over the interconnection agreement that sets various charges that the city must pay to use PG&E lines.
MONEY IN ACTION
A good example of PG&E tactics occurred during the July 26 meeting of the Metropolitan Transportation Commission, which is overseeing work on the Bay Bridge. As part of that work, a power cable going to Treasure Island needed to be moved, but the Treasure Island Development Authority didn’t have the $3.4 million to do it.
So PG&E executive Kevin Dasso showed up at the MTC meeting with a check made out for that amount, offering to pay for the new cable and thus control the power line through which the SFPUC intends to provide public power to the 10,000 residents who will ultimately live on the island.
“This deal with Treasure Island was really egregious. They came in like a game show host and held up a check to try to stop this baby step toward public power on Treasure Island,” said Sup. Tom Ammiano, who also sits on the MTC board. “It shows PG&E is not asleep at the wheel by any means, and anybody who’s elected is going to need to stay vigilant.”
Ammiano was able to persuade the MTC to loan TIDA the money and preserve the city’s public power option. PG&E officials are blunt about their intentions. Chiu said, “We both want to provide power to Treasure Island.” So officials note the importance of being vigilant when it comes to PG&E.
“There will be other meetings where PG&E will wave around $3.4 million checks,” Leal said. “And at some of those meetings, we won’t be there to stop them.”
So public power advocates are concerned that public officials are letting PG&E rehabilitate its public image. Newsom has recently shared the stage with PG&E executives at a green building conference in San Francisco and the Treasure Island ceremony where Gov. Arnold Schwarzenegger signed the landmark global warming measure that PG&E long opposed before ultimately supporting. Ragone said neither these events nor PG&E’s contribution to SF Connect nor his direct dealings with King indicate any softening of Newsom’s support for public power.
“We’re going to do what’s in the best interests of the city of San Francisco,” Ragone said. “This is the first mayor to support public power, and that hasn’t changed at all.” SFBG
To see the letter from King to Newsom and other documents related to this story, go to www.sfbg.com.

Buried treasure

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› gwschulz@sfbg.com
Despite the fast-moving urban centers that surround it on each side of the San Francisco Bay, not much about Treasure Island has changed since it was shut down as a United States naval station 10 years ago.
After the feds ceased operations on the island and at several other military installations in the mid-’90s, the idea was to give the land to local governments for redevelopment to fill the economic void of losing active bases. Since then, several plans for Treasure Island have been floated with great fanfare in the press, but all have become mired in the infamously contentious development politics of San Francisco.
Late last month, after three years of deadline extensions, the Treasure Island Development Authority (TIDA) finally received a full-blown plan from the developer — a partnership between Lennar Corp., Wilson Meany Sullivan, and Treasure Island Community Development — that was given exclusive negotiating rights over the land three years ago.
The $1.2 billion redevelopment plan must now run a gauntlet of state and local approval, including consideration from the Board of Supervisors, which is expected to hold hearings and debate the plan by the end of the year. It isn’t likely that construction will begin on the island for at least a couple more years.
The latest proposal anticipates about 6,000 new homes, 1,800 of which will be targeted to low-income residents, including 750 units for households earning no more than 60 percent of San Francisco’s median income and 440 built as part of a program for the homeless. Plans include town houses, single-family homes, and high-rise residential towers, although at least half the properties will be limited to 65 feet in height.
Right now the island contains about 800 occupied units, over half of which are market-rate leases with the John Stewart Co., while about 200 are operated under the Treasure Island Homeless Development Initiative. By the time the project is done, according to the newest plan, the island’s population is expected to balloon to around 10,000 residents, plus around 3,000 new workers necessary to maintain the minicity.
Some of the existing housing stock will be demolished, or as the plan calls it, “reconstructed.” Current residents will have an option to move into the new units or be placed in a lottery if demand for certain types of units outstrips the supply. The plan calls for about 27 percent of the overall planned housing units to be rentals.
Private automobile use would be regulated by metering ramp access to the island during peak commute hours; assessing possible congestion fees for driving on the island; limiting residential parking; and emphasizing thruways that promote walking, bicycling, and public transit.
Much of the development is slated for the west side of the island — with its breathtaking and profitable views of the city — near an existing ferry terminal that would provide access to the city all day long.
Treading lightly, Sup. Chris Daly, whose District 6 includes the island, said he supports the environmental and housing components so far, but if existing island residents mount significant opposition for any reason, he’d consider opposing the plan.
“You don’t know how clean something is until you take it out of the wash, and they’re just now starting to throw it in,” Daly told the Guardian.
Rob Black, Daly’s main challenger in the upcoming election, lives on Treasure Island. He was similarly cautious. “I think people have finally begun to think in a more progressive way about making this a more sustainable neighborhood,” Black told us. “Past plans have been so poorly put together.”
On the local level, the plan must be approved in the coming months by both the TIDA board and the Board of Supervisors. After that, it will undergo an extensive environmental impact review by the city’s planning department before returning to the board for final local approval.
The developer and the TIDA board — which is composed entirely of mayoral appointees, three of whom work directly for Mayor Gavin Newsom — must still overcome other major hurdles as well, including the fact that the Navy hasn’t turned over any of the land yet and likely won’t without major concessions.
The Bush administration has stalled the transfer, pushing for some payment before giving up valuable federal land. One tentative option is to relieve the Navy of about $45 million in environmental cleanup costs for which it is currently responsible. Those costs would then be borne by the redevelopment plan and the developer, which has already pledged $26 million for remediation. The land became contaminated in part after decades of military activity that included emergency drills with radioactive materials.
David Rist, a project manager for the state Department of Toxic Substances Control, which is overseeing the cleanup, said that while there is some contamination where residents are living today, it doesn’t pose an immediate threat to human health. Identified contaminants include dioxin, lead, and PCBs. Rist told us the cleanup, regardless of who ends up paying for it, will be “significantly done in the next two and a half years.”
After mulling over ideas, TIDA finally brokered an exclusive deal in 2003 with a company incorporated as Treasure Island Community Development, a group of Democratic Party heavyweights with deep links to the current and former mayoral administrations and other top elected Democrats.
Jay Wallace, a project planner for Treasure Island Community Development, said the plan’s mammoth size and uniqueness have required considerable and time-consuming attention to specifics. Investors anticipate spending $500 million of their own money, but they’re looking to earn upward of $125 million in profits, according to the plan.
The remaining cost of about $760 million for infrastructure, open space, and transportation system improvements could be covered largely by tax increment financing from the redevelopment area and Mello Roos bonds, both of which would essentially be funded by future property taxes, according to the latest term sheet.
Wallace told the Guardian that his group “has worked in good faith and transparency throughout this project, with over 150 public meetings before reaching this milestone and presenting this plan to the city.”
Daly said that while “there are going to be a hundred issues that need to be worked out,” the green-meets-affordable-housing theme “is the right proposal for San Francisco.”
“Political connections to the Newsom juggernaut notwithstanding, these guys are politically savvy enough to know what’s wise and what isn’t,” he said. “On the actual merits of the proposal, it’s palatable if you’re OK with the concept of high-rises in the middle of the bay.” SFBG

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

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

Why Conroy should go

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EDITORIAL Mayor Gavin Newsom made a weak attempt to deal with the political fallout from the Office of Emergency Services audit last week, appointing Laura Phillips, who appears to have some qualifications for the job, as the head of emergency communications.

But Newsom refuses to follow the most important recommendation from the scathing audit. OES director Annemarie Conroy still has her job.

It’s more than a little bit unsettling: Newsom, who claims to be a competent manager, is sticking with Conroy, the Donald Rumsfeld of San Francisco, an incompetent political crony who won the job only as part of a stupid and transparently political deal.

The audit, by Board of Supervisors budget analyst Harvey Rose, shows why this sort of political chess game is such a bad idea. Conroy, who had no credentials whatsoever for the top disaster planning job, has, not surprisingly, fared poorly. Her office, the audit says, is larded with top management a full 40 percent of her staff are at the highly paid management level, which Rose called "unacceptable" while little of the $82 million it’s received in federal and state grants has gone to emergency training. Conroy has bungled efforts at coordinating disaster planning with other departments and hasn’t even applied for federal reimbursement for some $7.6 million that the city is owed.

Conroy, a lawyer and former supervisor, got the $170,000-a-year job largely because Newsom wanted to get Tony Hall off the Board of Supervisors. So he offered Hall a plum job running the Treasure Island Development Authority but since Conroy was already in that job, Newsom had to move her someplace else, and he chose emergency services. The problem is, this is no sleepy bureaucratic backwater where a hack can rest on a nice salary for a few years without doing any real damage. The OES handles a huge amount of money and is responsible for getting the city ready for things like a major earthquake, which every scientist agrees is overdue, or a terrorist attack, which is certainly not outside the realm of possibility.

This was the sort of game former mayor Willie Brown played all the time, shuffling political allies around to agencies and commissions without much regard for the public policy impact. Newsom promised to do better, but the fact that he’s still standing behind Conroy is evidence that he’s letting old-fashioned politics get in the way of running the city.

Let’s face it: Annemarie Conroy should never have been appointed to the OES and clearly isn’t up to the job. Rose recommends abolishing her position and letting the new head of emergency communications run the whole show. That seems like an excellent idea. SFBG

{Empty title}

0

› tredmond@sfbg.com

Look: The Transbay Terminal project is all fucked up, about as bad as anything in city government could be, and a lot of people are at fault.

Supervisor Chris Daly isn’t one of them.

I say this because the No on Proposition C campaign has become little more than a personal attack on Daly, who authored the measure that would change the makeup of the Transbay Terminal authority. I’m not voting for Prop. C I don’t think it’s going to solve the problem but I do think Daly makes a very good case that change is needed, and I think he’s making a good faith effort to fix it. I mean, at least he’s doing something.

So why are there flyers and posters all around town attacking Daly and saying he is trying to “hold up” the Transbay Terminal project? Mark Mosher, who is running the No on D campaign, argues that Daly “should be held accountable” for his proposal, but that’s horseshit. The real reason, Mosher agrees, is that attacking Chris Daly wins votes in many parts of town.

It’s a sleazy way to run a campaign, and the mayor who is really behind all of this nonsense needs to put an end to it, now.

Onward: much, much ado at the Coalition of San Francisco Neighborhoods meeting May 16. The agenda for a group that has too often been under the sway of Joe O’Donoughue included a proposal to rescind the coalition’s endorsement of Prop. D, the badly flawed Laguna Honda measure.

Joe and his ally, former CSFN president Barbara Meskunas, had pushed for (and won) an early endorsement of the measure, which would use zoning rules to ban certain types of patients from the hospital. Somehow, though, the Yes on D presentation wasn’t entirely complete: Most CSFN members who initially voted to back the plan didn’t realize that it had potentially much more sweeping impacts, and could legalize private development on a lot of other city property.

As news about what Prop. D really meant began to get out, some coalition members demanded a new vote and after a month’s parliamentary delay, they got one.

The debate, I’m told, was lively: At one point, Tony Hall, whom the mayor appointed to head the Treasure Island Development Authority, accused Debra Walker, a longtime progressive, of being a "stooge for the mayor." Ultimately, though, the vote to rescind the endorsement won, 238, with Hall, Meskunas, and Newsom-appointed planning commissioner Michael Antonini in the minority.

Shortly afterward, the members voted on new officers, and a slate of candidates led by Meskunas was roundly defeated. At which point Meskunas stormed out of the room, later resigning from the organization.

"This was a battle for the soul of the coalition," Tony Kelly of the Potrero Boosters told me. "It’s been brewing for a while."

Yeah, it’s just one more San Francisco political group and one more internal battle, but it might mean a lot more. First of all, it shows that Hall and Antonini both, remember, Newsom appointees are coming on strong against the mayor, fueling the theory I keep hearing that Hall will challenge Newsom from the right in 2007 (and try to get his friend Matt Gonzalez, who also supports Prop. D, to mount a challenge from the left).

Gonzalez told me he hadn’t heard anything about that plan yet (and he found it quite odd), but (of course) he’s not ruling out another mayoral campaign. SFBG

The political puppeteer

0

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

0

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.”