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Politics Blog

Mirkarimi’s mandatory foot patrols ballot measure

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Text by Sarah Phelan

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Sup. Ross Mirkarimi, along with Sups. Eric Mar, David Chiu, John Avalos and David Campos, submitted a ballot initiative today that asks voters to require the San Francisco Police Department to implement community-based foot/ beat and MUNI patrols.

The legislation would require the Captain of each district police station, in consultation with neighbors, merchants and community stakeholders, to establish and assign officers to foot/beat patrols within their station’s
jurisdiction.

The measure would also require station commanders to coordinate with adjacent stations for the efficient policing of distressed MUNI lines.

“Foot/beat patrols work very well in deterring crime and building trust with the community – it’s proven throughout the United States,” Mirkarimi said in a press release. “Walking or bicycling police beats or riding Muni should not be a luxury for the one of the best funded per capita police departments in the nation.”

The measure, Mirkarimi said, would provide substantial discretion to the SFPD command staff and the City’s district stations to define and modify beats in response to crime statistics, community input and evolving realities on the street.

Mirkarimi also submittied a hearing request on the implementation of an “Anti-Sit/Lie” law.

“There has been a great deal of misinformation on how this law works – completely absent from the public
discussion is both the District Attorney and City Attorney to substantiate any of the presumed effects,” Mirkarimi stated. “There are questions that remain unanswered as to why current anti-loitering and
nuisance laws aren’t being enforced.”

State of the immigration crisis rally

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Text by Sarah Phelan

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As President Barack Obama prepares to make his annual State of the Union address, local immigrant advocates are calling on Obama to mention the need for national immigration reform in his address and to uphold campaign promises to pass comprehensive immigration reform.

Describing themselves in a press release as “a diverse group of African, Asian, European, and Latino immigrants” the organizers of today’s protest rally, (from 4-6 p.m at the Federal Building at 7th and Mission Street, thunder and lightning notwithstanding) promised to urge Obama, Speaker of the House Nancy Pelosi and Sen. Feinstein and Boxer to make immigration reform a priority because of local crises in the immigrant communities.

“The time for reform is now,” Eric Quezada, Executive Director of Dolores Street Community Services, said in a press release. ” The President promised immigration reform on the campaign trail and we are here today to make sure that he keeps his word,”

Quezada noted that Obama pledged on his 2008 campaign campaign trail to pass humane changes to US immigration laws if he were elected President, including a legalization program for undocumented immigrants.
“Immigrants are part of the fabric of our communities, and we need to fix our immigration system so everyone who lives here can contribute as full members of society,” said Biniam Fantay with the African Advocacy Network.

Today’s demonstration is part of “100 days of action” campaign for immigration reform that began in December and is led locally by the SF Immigrant Legal and Education Network and the San Francisco Organizing Project.

Development stimulus would delay affordable housing construction

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By Steven T. Jones
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Would the partially completed One Rincon and other stalled luxury condo tower projects move forward if the city reduced their front-end fees, and is the cost worth benefit?

In order to encourage the development of more market-rate housing projects in San Francisco, Mayor Gavin Newsom and his administration are trying to let developers pass a third of their affordable housing fees onto the buyers of their homes, who would eventually pay them though a 1 percent transfer tax – a change that the Controller’s Office says would delay collection of those fees an average of 16 years.

That’s the most controversial component in the package of pro-development proposals that’s headed to the Planning Commission on Thursday. Consolidating the collection of various developer fees within the Department of Building Inspection makes sense to many observers, and there’s some left-of-center support for another proposal to let developers delay fee collection until after the building is nearly complete, as long as they pay the city an additional surcharge.

But affordable housing advocates are howling about letting the developers of projects that don’t pencil out and can’t get bank loans avoid their obligations to help the city meet its urgent affordable housing needs, in the process exacerbating the growing imbalance between homes for millionaires and those for the working class. They say it’s the latest example of Newsom’s perverse belief in discredited trickle-down economic theories.

“This is the world as viewed by (Newsom economic advisor) Michael Cohen, that the way out of a real estate speculation bubble is to blow as hard as you can to re-inflate that bubble,” affordable housing activist Calvin Welch told us, noting that many of targeted property were bought at the height of that bubble and are aimed at buyers that are now in short supply because of the recession. “They have to fail and reset, then there will be development.”

Newsom’s faith-based economic plan

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By Steven T. Jones
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The theory that cutting taxes on corporations and the rich creates wealth that eventually trickles down to help everyone — a policy that drastically widened the income gap — is back, and in San Francisco of all places.

Is it “ideological” to question whether the business tax cuts that Mayor Gavin Newsom is proposing will exacerbate the city’s huge budget deficit, potentially doing far more harm than good? Press Secretary Tony Winnicker, who finally returned my call about the proposal, told me that it is.

But Winnicker denied that conservative economic ideology is behind Newsom’s belief in the healing power of business tax cuts, calling it simply “practical” and telling me, “The mayor doesn’t share your hostility toward the private sector.”

That may be true, but I don’t share his hostility toward the public sector, which would lose even more of the “jobs” that Newsom claims to value so highly in order to pay for his experiment in trickle-down economics. Winnicker grudgingly acknowledged that short-term fiscal reality – and the fact that they didn’t study how much revenue will be lost before proposing the plan, or in the year since it was first pitched — but argued that it will somehow help the city over the long run.

“We believe that enacting these tax incentives, particularly the payroll tax credit for new hires, is one of the single biggest things we can do for economic growth,” Winnicker said.

But he couldn’t cite any evidence supporting that belief, which is a matter of faith for economic conservatives. Yet even the city’s fairly conservative economist, Ted Egan, says that reducing government spending in order to cut business taxes just isn’t smart.

Gavin Newsom is flat-out factually wrong

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By Tim Redmond

The mayor of San Francisco made a remarkable statement in his state of the city address. It goes like this, according to the Chron’s report:

“I have not met one human being who says we’re undertaxed in San Francisco,” [Newsom] said.

That’s flat-out factually wrong. And I can prove it.

Gavin Newsom has met me on many occasions. He’s been to my office, and I’ve been to his. We’ve had extensive talks about tax policy. I am a human being, and I’m willing to take a DNA test to prove it.

And Newsom knows that I believe very strongly that we are undertaxed in San Francisco.

I don’t think I’m the only human being he knows who believes that, either. As Aaron Peksin, chair of the local Democratic party, pointed out when I called him on this::

I believe that the voters of San Francisco have demonstrated repeatedly that they are willing to accept new taxes. In November, 2008, they closed loopholes on the payroll taxes, increased the real-property transfer tax and voted in a 911 tax. The voters recently chose to tax themselves for an open space and recreation bond, have voted repeatedly to levy taxes against themselves to improve their schools, and I believe the mayor himself is the sponsor of a proposed general obligation bond — a form of tax — for this June to improve seismic safety.

There is, of course, a distinction between regressive taxes like sales taxes and progressive taxes (like the property transfer levy). But San Franciscans don’t seem to believe, on the whole, that they are overtaxed.

And they shouldn’t. Thanks to Prop. 13, California homeowners and commercial property owners pay scandalously low property taxes. Thanks to the Republicans in Sacramento, wealthy California residents pay scandalously low income taxes. Thanks to Ronald Reagan and G.W. Bush, wealthy Americans pay scandalously low taxes.

And as a whole, Americans pay lower taxes than most other industrialized democracies.

That’s one reason we have such a weak education system and that the gap between the rich and the poor is so high.

So you’re wrong, Gavin. You do know people who think San Franciscans are under taxed. And they’re right.

Don’t call it a comeback

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By Steven T. Jones

The defensive reaction of some (but not all – some have welcomed this public discussion) Greens to my story this week on the party’s declining fortunes in San Francisco seems to underscore a key reason for the fall: many Greens would rather hurl insults or adopt self-righteous postures than engage in critical self-examination or do the hard work of progressive organizing.

Researching my story, I was amazed to learn that nearly one San Francisco voter in three declines to identify with any political party. That represents a significant opportunity if progressive political parties and entities can figure out how to organize these independent voters and address their issues. It might even create pressure on President Obama to reengage with the left.

Yet the Green Party numbers have dropped just as the DTS ranks have risen. And in the comments section after my story, Greens try to simply deny that reality (falsely claiming a comeback has already begun), question my motives, and write-off the newsworthiness of this story (despite the fact that the Wall Street Journal today published a very similar story to mine).

But I’m more heartened by some of the thoughtful comments about my story, creating an interesting conversation about the relevance of third parties, the mechanisms of power, and the pitfalls of following charismatic leaders. That’s the kind of productive discussion that I hoped my article would create, and I hope that it continues.

Newsom’s corporate giveaway

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By Steven T. Jones
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After going through a ridiculous security check (I waited 15 minutes for an “escort,” but they never even inspected my bag) to get into Mayor Gavin Newsom’s invite-only State of the City speech last night in the Asian Art Museum, I chatted with my colleague Melissa Griffin, the blogger and Examiner columnist, as Newsom worked the room.

The mayor eventually wound his way over to me, and when I turned to greet him, he gave me a playful shove, knocking me off balance and telling me, “Be nice!” Just minutes into his speech, in which he promoted corporate tax breaks and a discredited “local economic stimulus package,” I understood what he meant.

When he introduced this trickle-down economics initiative almost a year ago, we cited studies showing that it was a political gimmick that didn’t work and shot down Newsom’s claim that the city’s economist supported this giveaway of public funds to the private sector.

But last night, Newsom chided the Board of Supervisors for not scheduling hearings on his proposal to waive payroll taxes for new businesses and new jobs, create tax credits for health insurance costs, and extend current tax breaks for biotech companies, seemingly oblivious to the fact that such actions will add to the massive budget deficit that he barely mentioned.

The Chronicle today quoted gleeful Chamber of Commerce head Steve Falk and the chilly reaction that this strange initiative got from supervisors, but San Francisco Democratic Party chair Aaron Peskin went even further, this morning telling us, “I am so disappointed that the mayor of San Francisco is taking a page from the playbook of the Republican Party. This sounds like Ronald Reagan’s trickle down economics. In an era when some of the richest corporations have made zillions of dollars and the U.S. government just gave them zillions more, now we’re going to close hospitals and say we can’t pave our streets.”

SF Weekly fails to block collection

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By Tim Redmond

New Times Media LLC, the holding company for the Village Voice chain, has failed in its attempt to suspend the charging order entered last week in San Francisco Superior Court in favor of the Bay Guardian.

The charging order gives the Guardian a lien on all of VVM’s newspaper properties and furthers the independent local paper’s efforts to enforce a $21 million judgment.

Commissioner Everett A. Hewlett, Jr., rejected the attempted Ex Parte Motion to Stay brought by New Times on the basis that New Times failed to show the existence of any emergency.

Commissioner Hewlett also held that to suspend the charging order, New Times would have to post an appeal bond as in any other civil case, instead of a much smaller amount that was sought by New Times’ counsel.

New Times’ attorney Randall S. Farrimond argued that New Times could not post an appeal bond for the full amount, because it was merely a holding company and does not have any assets.

But Bay Guardian attorney Jay D. Adkisson pointed to a financial analysis produced prior to trial by New Times, which showed that New Times claimed total assets of $191 million as late as December, 2007.

New Times and its subsidiary SF Weekly LP collectively owe the Bay Guardian nearly $21 million resulting from a jury verdict for predatory pricing that was entered in 2008.

In 2008, shortly after the jury verdict, New Times was successful in obtaining a temporary suspension of the judgment similar to the one that it unsuccessfully sought on Monday, but then refused to post an appellate bond.

New Times has instead attempted to rely on its complex corporate structure to defeat the collection of the judgment while it pursues its appeal.

In a statement posted on the website of the Association of Alternative Newsweeklies, VVM Executive Editor Mike Lacey and CEO Jim Larkin argue that the court order is “very limited.” Not so, says Adkisson; the ruling gives the Guardian considerable leverage to collect from the New Times papers. In fact, if the charging orders were so worthless, it’s surprising that the VVM legal team has spent so much time and effort fighting to block them on an emergency basis.

In the statement, Lacey and Larkin also insist that they simply want their day in court – that they don’t want to pay until the California Court of Appeals has rendered a verdict.

But that conflicts directly with what VVM and its lawyers have told the Guardian’s legal team on repeated occasions. Those communications have suggested that VVM doesn’t believe the Guardian will ever collect any money, since the chain has an asset-protection plan that would frustrate any creditor.

VVM has more than adequate assets to post an appeal bond – but if the chain posts a bond, and the Guardian wins the appeal, the bond guarantees that we’ll get paid. Posting a bond would render any asset protection plan moot.

Our position has been clear from the start: Either VVM should pay the judgment now, or it should offer a guarantee that the money will be there when the appeals are over. And over the past two years, in repeated legal rulings, four San Francisco judges have agreed.

Not your typical board meeting drama

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By Rebecca Bowe

Yesterday’s Board of Supervisors meeting was thrown into disorder when a woman began shrieking, “Get away from me!” She was yelling at Sheriff Deputy Thompson as he forcibly led her to the door of the Board Chambers, gripping her by the arm.

An angry showdown manifested in the corridor just outside the doors when a group began shouting chants in protest of the officer’s move.

The woman, Maria Cristina Gutierrez, is a principal at Mission-based preschool Companeros del Barrio, she later told reporters. She and other preschool staffers had attended the meeting with a group of kids, ages 3 to 5, to deliver handmade cardboard messages to Sup. David Campos opposing the Muni layoffs, since some of the kids’ parents will be affected. She told reporters that once she realized they were short on time and wouldn’t be able to stay for the whole public comment session, she was scrambling to get the signs completed and hand-delivered to the supervisor.

Exactly what took place next will come under close scrutiny in the course of an investigation, but it’s clear is that the situation escalated to the point where the entire meeting was disrupted, Gutierrez wound up with a mark where her arm was twisted, and the kids were frightened. This isn’t the first time this sort of thing has happened at a Supervisors meeting — last July, Fog City Journal blogger Luke Thomas was also forcibly ejected from a meeting by Deputy Thompson after being told he was getting too close while photographing an event.

According to a sheriff’s incident report containing a narrative from Sheriff Deputy Saenz, who was also on duty, the trouble started because Gutierrez, her adult son, and two of the kids were blocking the center aisle when they were working on the signs. They did not respond to requests made in English and Spanish to return to their seats, the report notes.

Prison report: Jails v. education

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By Just A Guy

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They’re spending a lot on prisons, but not on lunch — this is what CDCR serves

According to an article in the SFGate and the governor’s State of the State address the governor wants to increase spending on higher education and reduce spending on prisons. Personally, I don’t care if this is political wrangling or not, it’s about the most sensible thing to come out of the governor’s office in quite some time with respect to prisons and prison spending.

“It’s a very simplistic solution to a very complex problem,” said Sen. George Runner, R-Lancaster. “I believe the first priority of state government is to keep people safe. To cap that certainly doesn’t make any sense to me.”

You know, sometimes simple solutions to complex problems are the only solutions that work. It seems as if California and its government have been over thinking the whole issue on prisons for quite a while. If more money is spent on higher education then maybe less people will go to prison? Simplistic, yes, but makes sense, right?

What’s so complex about the problem anyway? The complexity really lies in how, after many years of an increasing prison budget and a decreasing higher education budget, years of crying out how awful EVERY SINGLE PERSON in prison is, years of political maneuvering, the political folks will reduce costs while standing by their claims that less spending on prisons erodes public safety. That is the complex part.

There will be many detractors like Sen. George Runner, but they are not thinking long term or big picture. They appear to be concerned only with their political futures, either that or they are just idiots (maybe both). I have, in many past blogs, expressed the idea that if you educate you reduce public safety risk. If these politician’s are really concerned with public safety they will gladly make more funds available to higher education.
Meanwhile, take a look at the pictures in this blog and ask…who is really making money from CDCR. It ain’t the inmates!

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CDCR celebrates the capture of inmate cell phones — but who do you suppose smuggles them in an makes money off them?

Oh — and they aren’t spending much money on maintenance, either — at least, not when it comes to the plumbing. Everything at CDCR seems to be in the shitter:

ISO: Potrero Power Plant can be shut down after 2010

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By Rebecca Bowe

The California Independent System Operator (ISO), the body that for years has required the Mirant Potrero Power Plant to stay in operation despite grave health concerns raised by the surrounding community, put it in writing today that it will allow the entire plant to be shut down by the end of 2010. Following years of pressure from community activists and elected officials, the commitment signifies a hard-fought victory that will eventually mean better air quality in San Francisco’s southeast sector.

In recent months, the ISO agreed to lift the operating requirement from Unit 3, the largest electricity generating unit at the plant, which produces smokestack emissions nearly 24 hours a day. Because the Trans Bay Cable, a transmission line that will run under the bay, is expected to go live as early as next month, the ISO agreed that Unit 3 would no longer be needed to ensure electricity reliability. But until today, the ISO would not budge on lifting the requirement for three smaller units — known as Units 4, 5, and 6 — which are diesel-fired and more polluting.

But during a telephone discussion with Mayor Gavin Newsom this morning, CEO Yakout Mansour of the ISO finally changed his tune, and then submitted in writing that the ISO would allow all units to be released from must-run status by the end of 2010. The reason is that Pacific Gas & Electric Co. has a re-cabling project underway that will fill in a power gap in the city, making it unnecessary to keep the three diesel units going. Mansour’s decision followed a technical study based on PG&E data.

“PG&E provided new data regarding the load carrying capability of two replacement underground transmission cables they are installing between Martin, Bayshore, and Potrero substations,” Mansour explained in a letter sent to Newsom this morning.

Historic victory for marijuana legalization

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By Steven T. Jones
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When the Assembly Public Safety Committee voted 4-3 this morning to approve Assembly Bill 390 – legislation by Tom Ammiano that would legalize and tax marijuana, even for purely recreational use – it was an unprecedented action in the United States.

“It’s huge. It’s exciting. And we really have to thank [Democratic committee members Nancy] Skinner, [Jerry] Hill, and Jared Huffman for their support,” Ammiano told the Guardian. “I’m feeling really gratified.”

Unfortunately, the bill has now been referred to the Assembly Health Committee and the full Assembly must approve a rule waiver to get it heard by Friday’s deadline for such two-year bills to clear committee. Even if that happens, the Health Committee is larger and filled with more moderate Democrats, so it’s chances of being approved in this session are slim.

“It doesn’t diminish what happened today. If it dies, we’ll reintroduce it by the end of the month,” Ammiano said. His press secretary, Quintin Mecke, told us, “This is the first time in U.S. history – not just California history, but U.S. history – that a bill that would legalize marijuana has passed a legislative committee.”

Herrera defends CCA against attacks

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By Rebecca Bowe

San Francisco City Attorney Dennis Herrera filed a petition with the California Public Utilities Commission today urging it to restrict Pacific Gas & Electric Co.’s hostile attacks against Community Choice Aggregation (CCA), a program that allows local governments to establish alternative power programs.

The petition asks the CPUC to modify one of its decisions by inserting clear language spelling out that that investor-owned utilities are prohibited from sending out anti-CCA marketing materials, making misleading statements, or engaging in other activities that interfere with the creation of these alternative energy programs.

San Francisco’s CCA, dubbed CleanPower SF, is in the phase of reviewing five different applications from prospective electricity service providers. The goal of the program is to offer San Franciscans electricity derived from 51 percent renewable sources by 2017 at rates that match or beat PG&E prices. Contract negotiations with the highest-scoring candidate could begin as early as next month.

PG&E initially supported to the 2002 legislation, AB 117, which enabled the creation of CCAs statewide and prohibited utilities from interfering with efforts to set them up. But in recent months, California’s largest utility has made a complete turnaround, spending $5 million on a proposed ballot initiative that would require a two-thirds majority vote in local jurisdictions before governments could implement CCAs.

As Marin County and San Francisco move forward with their respective attempts to set up greener alternatives to PG&E, the pressure is intensifying. Several weeks ago, a wave of attack mailers paid for by PG&E crashed into San Francisco homes and businesses. This is the sort of activity Herrera is seeking to prevent by filing today’s petition with the CPUC. Because the city is short on time, he requested an expedited review.

“We cannot let Californians be denied the benefits of cleaner, cost-effective energy alternatives — consumer choice is simply too important to ratepayers and the environment,” Herrera said. “The California Public Utilities Commission exists to police giant utilities, to assure that their monopoly advantages aren’t abused to exploit consumers or frustrate the policy objectives of our state lawmakers. Yet that is exactly what has happened since PG&E locked CCA into its crosshairs. It is critical for state regulators to move quickly and decisively to tighten regulations, and restore teeth to the law as the legislature intended.”

Muni layoffs don’t make sense

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By Tim Redmond

Nobody likes the folks who drive around and issue parking tickets, those poor souls who used to be called “meter maids” and are now known much less lyrically as “parking control officers.” It’s a tough job — PCOs get assaulted, abused and sneered at. But they bring in a lot of money for San Francisco.

And frankly, it’s not their fault that it’s hard to park in this city. There are too many cars in too little space — and too many San Franciscans who came from more suburban areas think that they ought to be able to drive anywhere and find a free spot to park. But it’s not like that in this city.

Anyway, I was intrigued to see that the SF MTA is now planning to lay off 24 PCOs. That’s along with four mechanics, 10 people who clean trains and buses (eew, that’s going to make things nice on Muni) and handful of others.

First of all, I understand that the MTA has a budget problem and nobody wants to raise Muni fares any more. We could have solved a lot of this by extending parking meter hours, but the mayor didn’t want to do that. So now we’re looking at cuts.

The problem with cutting people who write tickets is that, in the end, I think less tickets will be written. And however joyful that may be to the free parking set, it will wind up costing the city money in the long run.

The overall problem with all of this? Muni, for all of its problems, is one of those public agencies that just get better when you throw money at them. That doesn’t always work; the solution to every public-sector problem isn’t more money. But when it comes to Muni, I’ve followed budgets and performance over the years, and I think it’s pretty clear: When Muni is better funded, the buses run more often, are on time more, are cleaner and come closer to providing a valid alternative to driving.

When you make cuts, the system gets worse, more people drive, and everyone complains that Muni is no damn good.

Something to think about, Mr. Mayor.

Tracking the Prop. 8 trial

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By Tim Redmond

Now that the U.S. Supreme Court has decided that banning cameras in the courtroom for the Prop. 8 trial is worthy of an emergency order, the best way to follow what’s going on is to pick up the live updates from prop8trialtracker.com. Rick Jacobs is offering not only good news coverage but some poignant commentary:

UPDATE] 12:47 It’s hard to think while this goes on. I’ve never before been on trial, but today every gay or lesgbian person in the country is on trial. The testimony brings up all of that “stuff” that I keep pretending I’ve left behind. I grew up near Knoxville knowing I was gay, but never wanting to be. I dated girls, just like Jeff did. I hid from myself. I became an Orthodox Jew in LA and almost got married because I did not want to be gay. When Boies asked Jeff if he’d be in a more loving, stable relationship if he married a woman, it was not a throw-away. That’s what the NOM folks want you to believe. They want you to believe that if Jeff or me or so many others of us who were born homosexual would just marry a woman, the world would be a better place.

But nothing is further from the truth. How many marriages have broken up because one partner or other was not in love and finally had to leave to be true to his or her nature? How many times in history has a person committed suicide, drunk himself to death or even abused a spouse because he or she was in a marriage that was not real? Society is weakened by these false constructs.

One last point: the defendants had better spend time in the five states in which same sex marriage is now legal. Mr. Cooper, the defandant’s lawyer, said we need more time to see if same-sex marriage will do harm. That means he must support it in those states. His position is regressive and without sense, but if he really believes what he said, get he to New Hampshire and Iowa to preserve same sex marriage!

One of the odd elements of all this: Vaughn Walker, who is hearing the trial without a jury, could wind up issuing one of the most important queer-rights rulings in legal history, and so far, he’s been more than open to the anti-Prop.8 side. In fact, the Prop. 8 supporters were the ones who didn’t want cameras, and Walker ruled against them. But there was a time when the queer community did everything possible to try to block his appointment to the court.

The latest on collecting the SF Weekly’s debt

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By Tim Redmond

The Bay Guardian has moved a step closer to enforcing a $21 million judgment against SF Weekly and its parent company.

A California judge ruled Jan 4th that the Guardian may tie up the assets of the Village Voice Media chain. Commissioner Paul Slavit granted the Bay Guardian’s motion for an order charging the interests of the various Village Voice newspapers with liens.

The lien affects 16 companies nationwide, including the LA Weekly, Minneapolis City Pages, Denver Westword, Kansas City Pitch, Miami New Times, New Times Broward-Palm Beach, Phoenix New Times, Riverfront Times, Ruxton Group, Seattle Weekly, Lancero Associates, Dallas Observer, Houston Press, OC Weekly and the flagship publication The Village Voice.

The ruling creates additional opportunities for the Bay Guardian to collect the money. Attorneys for the Bay Guardian will next be exploring the possible sale of one or more of the Village Voice chain’s newspapers, the appointment of a receiver to take control of the companies, and the possibility of placing the Village Voice chain into an involuntary bankruptcy proceeding.

“We are very pleased with the order and will press on aggressively to collect the money owed us as a result of the SF Weekly’s illegal below-cost sales campaign aimed at putting us out of business,” said Bruce B. Brugmann, editor and co-publisher of the San Francisco Bay Guardian.

The judgment stems from a 2008 verdict in a Guardian lawsuit charging SF Weekly and its owner with selling ads below cost in an effort to harm a locally owned competitor. After a six-week trial, a San Francisco jury awarded the Guardian $6.3 million, which Judge Marla Miller increased to $15.6 million. With attorney’s fees and accrued interest, the judgment is now worth close to $21 million.

The Weekly and VVM have appealed — and in most cases, collection efforts would be delayed until after the appeal. But most defendants post an appeal bond — in essence, a guarantee that the judgment will be paid after the appeals are exhausted. VVM hasn’t done that — and instead has sought ways to avoid payment.

The Guardian previously seized SF Weekly’s vehicles and the rent that its subtenants pay.

Part of the evidence introduced before Commissioner Slavit was a chart that shows the structure of Village Voice Media. You can view it here (PDF).

Dennis Herrera’s (mostly) most excellent swearing-in

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Text, photos and video by Sarah Phelan

Dennis Herrera’s son believes his dad will do a great job–and here he says so in Mandarin.

There were a lot of things to like about City Attorney Dennis Herrera’s Jan. 7 swearing-in ceremony.

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Alex Tourk and Aaron Peskin chat each other up.

It brought together a who’s who of Democratic elected officials, past and present, a string of supervisorial candidates, department heads, union leaders and other party cling-ons. In other words, prime feeding ground for sharky journalists in search of juicy pieces of chum.

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State treasurer (and former State Attorney General) Bill Lockeyer did a good job of kicking off the event.

And it ended with cupcakes–in other words, prime feeding ground for snarky journalists in desperate need of calories.

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Board President David Chiu, Mayor Gavin Newsom and City Attorney Dennis Herrera await the swearing-in.

And, as an unexpected bonus, we got to see Herrera’s eight-year-old son Declan get up and say, “I know you’ll do great, Dad,” (amongst other things) in English–and then switch into seemingly fluent Mandarin–a skill he apparently picked up by attending Chinese school, according to his obviously proud dad.

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Declan wows the crowd with his bilingual prowess (and we suspect he speaks Spanish, too.)

But there was a protest action that marred Herrera’s otherwise flawless swearing-in–and it bothered the City Attorney no end, even though it was a silent protest and did not interrupt his ceremony.
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Organized by the San Francisco Immigrant Legal and Education Network (SFILEN), (oops, supporters of the action subsequently contacted me to say it was organized by the San Francisco Immigrant Rights Defense Committee) the protest sought to keep the limelight on the city’s newly amended sanctuary legislation, which the Board of Supervisors approved with a veto-proof majority last fall, but which Mayor Gavin Newsom has repeatedly said he intends to ignore.

Hererra, for his part, says he will doing everything he can to defend the amended legislation, which seeks to ensure that juveniles get their day in court before being referred to federal immigration authorities.

The legislation was amended in fall 2009, 16 months after Newsom ordered city officials to start referring suspected undocumented juveniles to ICE, when they are booked on felony charges.

Since then, immigrant advocates have documented how Newsom’s policy has needlessly ripped families apart and had a chilling effect on the local immigrant community. And they believe it’s within Herrera’s powers to tell the mayor that he must implement the new policy, which Sup. David Campos authored, personal preferences notwithstanding.

This is why a string of immigrant rights advocates showed up at Herrera;s swearing-in and silently held up signs that, pieced together, read, “Herrera’s advice sends kids to ICE”. But while their message was intended to goad Herrera into pressuring Newsom into implementing the newly amended sanctuary law, it obviously succeeded in exasperating the City Attorney, who says he is doing everything within his powers around this legislation,

Reached by the cupcakes, Herrera told me that “nothing could be farther from the truth” than the protestors’ message.

“I just say what the law is and what the risks are,” Herrera said. “Folks spreading misinformation are doing a disservice to a very serious issue. The policy objective is important. We don’t want innocent kids deported. I’ve had good meetings with immigrant advocates and lawyers. We are working with them to see what sort of arenas that might allow us some possible implementation.”

Herrera also noted that the letter his office sent to the US Attorney Joseph Russoniello, warning of possible legal action, was simply laying out a standard legal option.

“It’s not saying we are going to do it,” Herrera explained, addressing advocates’ concerns that the City was going to enter into a legal suit instead of implementing duly-enacted legislation.

Has car ownership peaked? Let’s hope so

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By Steven T. Jones
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New data shows that the number of automobiles in the United States last year declined for the first time since World War II, possibly indicating that Americans’ once-boundless affinity for the car actually does have some limits. And that’s good news for San Francisco and people who care about global warming, oil wars, and the rapid proliferation of these vehicles of mass destruction.

Our top urban thinkers, from Livable Cities’ Tom Radulovich (who forward me this news item) to SPUR’s Gabriel Metcalf to various official city policies, all agree that San Francisco can only continue to responsibly grow if we actively limit the use of automobiles. That reality may irk and inconvenience some overentitled motorists, but it’s basic math.

This already-congested city will become gridlocked if we don’t expand and improve public transit and facilitate modes like the bicycle while discouraging automobile use by limiting new residential parking, better managing commercial parking to encourage turnover, and creating other disincentives to drive.

Many San Franciscans still lose their minds over talk like this, as shown during the recent debates of extended meter hours. But maybe these new car ownership figures show that, at least among young urban residents, living without a car just isn’t as unthinkable as it once was.

The SF Weekly still gets it wrong

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By Tim Redmond

I found it somewhat amusing that the SF Weekly’s writers, Benjamin Wachs and Joe Eskenazi, were really worried about whether we would be “professional” in responding to an inaccurate story about city finance:

We appreciate that the Guardian was kind enough to send us its letter prior to running its article, likely this week. Communications from the paper’s reporter have been thoughtful and professional — so we hold out hope that this may be an article that could do more than simply obscure San Francisco’s gaping weaknesses with analytical smokescreens. On the other hand, it may yet be a hit piece written for the benefit of the city political bodies the Guardian openly aligns itself with and shills for — and who are responsible for some of the misgovernment highlighted in our story

And then go on to respond to us with a piece that’s mostly snark – snark being the refuge of reporters who don’t really have facts to lean on.

I’m going on KQED’s Forum show Friday morning to debate the Weekly guys about this, which will be fun, but in the meantime I have to set something straight.

From the Weekly story:

The Guardian gets to break its own rules and compare San Francisco’s budget to L.A.’s and Chicago’s by “add[ing] to the L.A. and Chicago city budgets a percentage of the L.A. County and Cook County spending equal to each city’s percentage of the county population.”

This would make perfect sense — if it didn’t make no goddamn sense. You can’t just determine overlapping city and county budgets via long division; cities are cities and counties are counties because they have differing, separate services. L.A. City and County each have their own Departments of Public Works, Building Inspection Departments, road crews, parks departments, you name it. Cities pay for their own services because they usually don’t use the counties’. Simply adding a lump sum of county costs on to city costs makes about as much sense as multiplying the city numbers by Planck’s Constant.

Whoa – Planck’s Constant. Dude – you musta gone to college or something.

The fact is that you not only CAN compare SF to Los Angeles and Chicago by accounting for both city and county spending – you HAVE TO.

A little lesson in public finance here, since that’s one college class the Weekly boys apparently slept through.

Most communities in the U.S. have four basic levels of government – federal, state, county, and city (or township, or town). Some have even more (village etc.) and some have fewer (Connecticut abolished county-level government many years ago). And there are special districts, like BART and AC Transit and school districts and mosquito abatement districts and lots more.

But for this particular argument, we’re looking at state, county and city government. That’s what you get in California.

The counties, as operating arms of the state, provide many, many services – expensive services – to people who live in cities. In Los Angeles, for example, there’s a city police department that handles law enforcement. But after someone’s arrested by the LAPD, the COUNTY district attorney, the COUNTY public defender, and the COUNTY courts system take over. And if the perp is guilty, the COUNTY sheriff takes custody (or else the state does).

Los Angeles COUNTY provides much of the welfare money for poor residents of Los Angeles CITY. Los Angeles COUNTY runs the system that counts the ballots for Los Angeles CITY elections.

You get the point.

So if you want to compare spending in the city of Los Angeles to spending in the CITY AND COUNTY of San Francisco, you have to either (a) eliminate all of the functions that count as county services in San Francisco or (b) much simpler, estimate what percentage of the L.A. county budget goes to services in L.A. city.

We took a rational approach – take the population of L.A. city and the population of L.A. County, and apportion to L.A. city a percentage of the county budget equivalent to the proportion of county residents who live in the city. That’s probably a low estimate of county spending in L.A. city, since more of the crime and welfare needs of the county are situated in that one city than in any other part of the vast county.

But whatever, we’ll take the lowball number.

Not magic, not physics, not chemistry, just basic common-sense and a basic understanding of how finance works in American cities.

Is this perfect? No. What you really need to do is analyze exactly how much government money – state, federal, city, county, special district etc. – is spent in every city you want to compare. That’s a bigger task than either the Weekly or the Guardian has taken on so far.

And I admit – we may be wrong by a few percent one way or the other. But we aren’t the ones trying to claim that the city spends vastly more money than anyone else who compares to us.

Oh, and as for this:

On the other hand, it may yet be a hit piece written for the benefit of the city political bodies the Guardian openly aligns itself with and shills for — and who are responsible for some of the misgovernment highlighted in our story

Let me point out that most of the problems the Weekly points to are management issues that properly belong in the office of the Mayor of San Francisco.

And I don’t know in what possible universe – other than a Weekly hallucination – anyone could argue that Gavin Newsom is someone the Guardian is, or has ever been, aligned with.

New year, same struggle for hotel workers

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By Caitlin Donohue

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Hotel workers and their allies block Geary St. traffic last night to announce their boycott of the SF Hilton. Photo by Erik Anderson

Over 1,400 union members and community supporters assembled downtown last night to protest management’s role in contract negotiations with the hotel workers’ union, Unite Here! Local 2. Police arrested 140 activists for their peaceful protest, which blocked traffic on Geary for hours in the blocks surrounding the Hilton San Francisco. The hotel was targeted to announce its addition to a boycott list that now includes seven businesses. Shouts of “when they say ‘cut back,’ we say ‘fight back’!” sounded through the city streets as the sign-toting protesters marched a picket line in front the hotel, symbolic of a struggle whose implications in the labor movement reach well beyond the 9,000 San Franciscan members of Local 2.

Before the rally began, Local 2 member Ringo Mak saw the show of support encouraging. “This shows San Francisco is still a union town!” he said. Mak, a 20-year waiter at the Hilton and member of his union’s bargaining team, was heartened by the numbers turned out by supporters- especially for what it meant in terms of the fight hotel workers had ahead of them. “This is our first action of 2010,” he said, “and it’s a great way to show the Hilton that we’re not giving up.”

Is SF spending too much money?

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By Tim Redmond

When the SF Weekly ran its cover story a couple of weeks ago calling San Francisco “the worst-run big city in the U.S.” my first thought was to ignore it. That kind of claim is meaningless; it’s just a flashy headline, and the story didn’t back it up with much more than a few examples of bad management of the sort that occur in cities all over.

So what makes San Francisco “the worst?” Well, part of it, said the Weekly, is the fact that SF spends more money per capita than any comparable city and county. In fact, according to a chart the Weekly included in its story, SF spends more than twice as much per capita as Philadelphia (which is actually a comparable city, with big-city problems and a fairly rich service mix) and spends more than four times as much as Indianapolis (which isn’t comparable for a lot of reasons).

But the minute I started paying attention to that chart, I knew there was something really wrong. Melanie Ruiz and I spent some time checking it out, and we found that the “comparisons” are somewhere between misleading and totally bogus.

Here’s what we found.

What’s important here is that it’s really hard to compare any two cities in America on this level. Cities are organized in so many different ways, and their budgets are set up so differently, that any direct comparison is going to look like apples to oranges.

For example, Philadelphia and San Francisco both have extensive, costly public transportation systems. Taxpayers in both cities underwrite those systems. But in Philly, the system, known as the Southeast Pennsylvania Transit Authority, is a distinct agency (like BART is out here); the city and county of Philadelphia contributes $63 million a year to its operations, but the major overhead costs are outside of the city budget.

There’s an airport in Philly, too. It’s expensive to run, just as SFO is expensive to run. It mostly pays for itself through landing fees, just as SFO does. In San Francisco, the cost of the airport (which takes no taxpayer money) is included in the city budget; in Philly, it’s not.

People in Philly who get sick and have no insurance don’t die in the streets – but that city and county doesn’t fund a public hospital the way SF does.

In fact, San Francisco’s budget includes just about everything that any city offers. It’s not that this city provides services nobody else does (well, we do, but that doesn’t explain the budget differences entirely). It’s that other cities and counties don’t include those services in their budgets.

Now, the folks at the Weekly, who criticized our story before it was even out, argue that

Yes, our city pays for things others don’t — but, then, other cities have to maintain aging infrastructure weakened by extreme heat and cold. Other cities have to keep up municipal vehicles ravaged by salt. Other cities have to shovel snow. Other cities have miles and miles more pothole-filled streets to look after. Other cities’ Sheriff’s Departments have many more responsibilities than San Francisco’s. Other cities have police forces larger than several European nations’ standing armies and security costs that dwarf this city’s.

All of which is true – and makes the point that you can’t do exact comparisons without doing a whole lot more work than the Weekly did on its chart.

But most of those items are million-dollar items – shoveling snow costs Denver, for example, millions a year – but not hundreds of millions or billions. Same for filling potholes. (Most cities don’t have Sheriff’s Departments, by the way – that’s a county function – and the county sheriffs who do more work are policing unincorporated areas. And the only city with that massive police force is New York, which is so unusual that it’s hard to compare it to any other American city.)

But the bottom line is, those are (comparatively) small-ticket items. The items that make a city budget seem huge are the departments and programs that run in the multiple hundreds of millions of dollars, and those tend to be things like public hospitals, transit systems, and airports. In SF, they account for more than $2 billion a year – and because of the way this city is set up, all of that goes in the same $6.5 billion budget.

We tried several ways to make a better comparison, which you can see here (pdf)

We compared general funds to general funds (something the Weekly got wrong). We deflated the SF budget by taking out those big-ticket items that other cities don’t include in their budgets. We tried to find cities more comparable to SF – big cities with big-city problems and services – and we tried to adjust those budgets to account for the fact that some of those cities get extensive services that are paid out of separate county budgets.

And we did something else: We took into account the cost of living. The vast majority of what the city budget (here and elsewhere) goes for is salaries of city workers. It costs a lot more to live here, so we pay our workers better. There are plenty of academic studies that look at comparable costs of living in cities; we used a generally accepted one.

And when we were done with all of this we came to the conclusion that SF doesn’t spend more than comparable cities; it’s really about the same.

Now that’s probably unfair to San Francisco (and Los Angeles). We’re in California, where the state doesn’t spend as much per capita on programs that aid cities as other states do. Yes, the state has a budget of more than $100 million dollars, but 40 percent of that goes for education – and in many other states, local property taxes pay for much of the cost of public schools. In California, thanks to Prop. 13, local property taxes are inadequate to provide decent public schools, so the state has taken up the burden.

When you take that factor out of the state budget, and compare California to other states, the per-capita spending is pretty low.

Our comparisons aren’t perfect. There are other cities to look at, other line items to examine, other methods of comparing that are also valid. The folks who read this blog (and the folks at the Weekly) will no doubt argue with our methods, and I bet somewhere in there we made some mistakes. But overall, I think our approach is more accurate.

People who live in cities typically pay taxes to several levels of government – the feds, the state, special districts (like BART), school districts (except in California), counties and the cities themselves. I would argue that San Franciscans probably pay less per capita than the residents of many other cities (certainly less as a percentage of their income). We just pay it all into one big pot.

That’s why the SF Weekly chart was so misleading. And why this kind of argument shouldn’t be used to say that San Francisco spends too much money on government.

I’m not going to argue that local government is perfect, or that it’s free or corruption and waste. There’s a lot of waste in San Francisco (does the mayor really need five press aides?) and plenty of inefficient spending.

But overall, it’s not a whole lot worse than other cities. That’s my conclusion.

Outside SF Federal Building, freedom of assembly is carefully controlled

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By Rebecca Bowe

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GSA’s denial of a permit for an event outside the SF Federal Building inspired some art.

Paul Boden, executive director of the Western Regional Advocacy Project (WRAP), a homeless advocacy group based in San Francisco, says he’s got busloads of people from cities up and down the West Coast headed into San Francisco Jan. 20 for a rally designed as a plea to the Obama Administration to make affordable housing a priority. But the estimated 1,500 participants in the event, dubbed “Homelessness Ends With a Home,” were left without a home base after word came down from the San Francisco Federal Building that the permit to hold it there had been revoked.

The event has since been changed to a permitted march that will go by the building, but Boden says the message he’s getting from the feds is essentially that freedom of assembly outside the new federal building will only be granted on narrowly defined terms, and with restrictions on the number of people who can attend. The San Francisco Federal Building, a green-design tower on Mission and 7th streets that opened in 2007, houses the offices of senators Barbara Boxer and Diane Feinstein, and Speaker of the House Nancy Pelosi.

Jean Gibson, Regional Public Affairs Officer at General Services Administration (GSA), a government agency that manages the new federal building, says the permit denial was “no effort to silence the group,” but purely a decision to ensure functional operation and public access to the building.

WRAP had initially applied to hold the event in the plaza outside the building, and Boden says he specified in his permit application back in October that roughly 1,500 people were expected to attend, and that they planned to use a sound system. GSA approved the application and sent the nonprofit an event permit on Nov. 30, according to Boden. But a couple days later, after he called to ask where the port-o-potties should be placed, he says GSA responded with a disheartening email.

“After further review, General Services Administration (GSA) has made the decision to deny the use of the San Francisco Federal Building plaza area on January 20, 2010,” the email stated. “Thanks in advance for your understanding regarding this matter.”

Labor widens and radicalizes its SF hotel fight

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By Steven T. Jones

After a three-week break in their ever-escalating labor battle with the owners of San Francisco’s biggest hotels, Unite-Here Local 2 workers and their supporters plan to hit hard tomorrow (Tuesday, Jan. 5) with a rally featuring national labor leaders, an expansion of the union’s hotel boycott, and civil disobedience.

The action begins at 4 p.m. at 750 Market Street, in the plaza between between 3rd and 4th streets, forming into a march to O’Farrell Street outside the Hilton, which will be the latest hotel to be added to the union’s boycott list. The others are Le Meridien, Hyatt Fisherman’s Wharf, Grand Hyatt, Westin St. Francis, Palace Hotel, and the W Hotel.

The big national hotel chains have claimed the recession and high health care costs are forcing them to reject union demands for a 1.5 percent increase in worker pay, but the union calls that ridiculous, noting that Starwood Hotels and Resorts – which owns more than half the hotels on the boycott list – made $180 million in profit in the first three quarters of 2009 and saw their stock price increase 66 percent.

Supporting the union tomorrow will be local progressive groups as well as Unite-Here’s national president John Wilhelm and AFL-CIO President Richard Trumka, both of whom will speak at the rally. In addition, organizers say about 100 workers will engage in civil disobedience and face arrest.