Board of Supervisors

The Chron says “Ed, Don’t Run”

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Interesting, the politics of the media and the mayor’s race. While the Chron is typically the downtown/conservative paper, and some of those same folks are pushing Mayor Ed Lee to run for another term, the Chron’s big editorial July 17th made the case against Run Ed Run. Why? Well, mostly because the mayor promised:


But there is an even more important reason Ed Lee should not run: He said he would not. … He also said he took the job with a “clear, basic understanding” that he would run the city for the final year of Gavin Newsom’s term with “no distractions.”


The Chron clearly likes Ed Lee, and projects that as a candidate, he would lose the good will he’s created as mayor:


One of the reasons the atmosphere at City Hall this year has been so calm – and the results so impressive – it that the self-effacing occupant of Room 200 has gone out of his way to be collaborative, and the good feeling has been reciprocated.


That dynamic would change in an instant if Lee joined nine very ambitious politicians in the race for mayor. He would be widely regarded as the front-runner and thus would become the No. 1 target of the other nine.


His opponents would include two key members of the Board of Supervisors: President David Chiu and progressive stalwart John Avalos. The chances of anything meaningful emerging out of City Hall for the remainder of the year would plummet.


I’m not sure that’s true, not with ranked-choice voting. Nobody would want to anger Lee or his supporters; they’d all be going for the Number Two votes. (All except Leland Yee. Lee’s biggest backers in Chinatown despise Yee; it would be hard to keep that one civil.) And I don’t think Lee’s personality would suddenly change the minute he entered the race.


It would mean that David Chiu and Dennis Herrera would start to drop in the polls, since at least some of their core supporters would move to Lee. The race would be defined (with some reason) at Yee v. Lee.


But I don’t think it’s going to happen. As long as the mayoral candidates agree to let Lee have his job back (and Yee would be crazy not to make that promise — the thought of Mayor Yee AND Lee having no job might be the kicker that would push Lee into the race), I think the caretaker mayor would be just as happy to bow out. And the more times he says he won’t do it, and the more times players like the Chron urge him not to (and make it about civility and honoring his word) the harder it will be to jump in at the last minute.


(Before all the trolls attack me: I’m not telling Lee not to run. I’ve said all along: I hated the idea of a “caretaker” mayor, and I think Lee has been a great improvement over Gavin Newsom. I just think if he wants to run, he shouldn’t wait until the last minute. And the last minute is getting closer all the time.)


 

Waste Management sues SF over garbage contract

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The already intense fight between Recology (formerly NorCal Waste) and Waste Management over SF’s next landfill contract just got more intense: today Waste Management of Alameda County announced that it is filing a lawsuit in San Francisco Superior Court to prevent the final award of a new long-term solid waste transportation agreement and landfill disposal contract to Recology on the grounds that awarding the contract would violate SF’s “competitive bidding ordinances.”

Now, Recology boosters will likely seek to frame this legal challenge as sour grapes over the city’s $11 million-a-year landfill contract. But WMAC’s suit represents a fundamental challenge to how SF’s $225-million-a-year solid waste stream is controlled: the suit requests a judicial declaration regarding the scope of the city’s 1932 Refuse Collection and Disposal Ordinance as it pertains to the transportation of residual wastes to a designated landfill outside city limits.


“The Department of the Environment [DoE] inappropriately and unlawfully expanded the scope of its 2009 ‘Request for Proposal for Landfill Disposal Capacity’ and, therefore, violated the City’s competitive procurement laws,” WMAC alleges.

WMAC has long held that DoE inappropriately issued a tentative contract award for both the transportation and disposal of solid waste to Recology on September 10, 2009, without soliciting any other transportation bids and in violation of longstanding City ordinances. Thanks to the 1932 ordinance, Recology has ended up with a monopoly over collecting and transporting waste through the streets of San Francisco. But that ordinance clearly does not apply to waste transported outside city limits, so folks have been asking if it would be greener to barge the city’s waste to nearby landfills. And they have been questioning whether ratepayers would benefit from lower rates if all of San Francisco’s garbage services, and not just the landfill contract, were put out to competitive bid.


Meanwhile, DoE, which sees $7 million of its own annual operating expenses for recycling, green building, and environmental justice programs and long-term planning for waste disposal incorporated into the garbage rates that Recology’s residential and business customers pay, ruled last year that WMAC’s objections were “without merit.”

So, now WMAC is taking its concerns to the Superior Court, asking that the court require DoE to scrap its tentative contract award to Recology for both waste disposal and waste transportation, and issue a new request for proposal to comply with existing competitive bidding requirements.

“WMAC is resolute in its commitment to providing the City and County of San Francisco with superior disposal services and responding to a Request for Proposal that is fairly administered,” WMAC’s Area President Barry Skolnick stated in a July 18 letter to the SF Board of Supervisors.

The move comes two days before the Board’s Budget and Finance subcommittee was scheduled to vote on approving a 10-year landfill disposal and facilitation agreement with Recology.

 The Board scheduled the vote last week, after it became clear that an initiative to require competitive bidding and franchise fees from waste management companies that seek to collect garbage in San Francisco, would not qualify in time for the November ballot. (Proponents of that initiative say they have enough signatures to qualify it for the June 2012 ballot. And they believe the question of whether candidates support competitive bidding on the city’s lucrative municipal solid waste collection, recycling, and disposal business continue to be a defining issue during the 2011 election.)


The landfill disposal and facilitation vote had already been delayed several months this year, following a Budget and Legislative analyst report that threw a curveball at the DoE’s plan by recommending that the Board consider submitting a proposition to the voters to a) repeal the city’s existing 1932 refuse ordinance such that future collection and transportation services be put to bid, and b) that future residential and commercial refuse collection rates be subject to Board approval. But so far, no supervisors have placed such a charter amendment on the November election.


The landfill disposal contract that the Budget and Finance sub-committee was to consider July 20 authorizes 5 million tons of solid waste disposal, or ten years, at Recology’s Ostrom Road landfill in Yuba County. It is worth in excess of $120 million, if the maximum of 5 million tons is reached, with all associated fees and costs to be passed onto, and  paid for by, refuse rate payers, not city funds. It allows for the Hays Road landfill in Vacaville to be used as a “back-up landfill.” And would allow Recology to pass on up to $10 million in rail hauler penalties, should the Ostrom Road landfill rail spur not be completed on time.


The facilitation agreement that the Board was also set to consider July 20, which governs how San Francisco’s waste is transported to its designated landfill, includes an additional rail transportation fee of $563 per rail container in future residential rate application increases that the Director of the Department of Public Works approves. (Unless there is an appeal, in which case it goes to the Rate Board, which is composed of the City Administrator (the post Ed Lee held before he was named mayor, and to which he wants to return,) the SF Public Utilities Commission director, and the Controller. And. in the event the cit

CCSF paid Recology $6.2 million to dispose of solid waste from city-owned facilities in FY 2010-11, and those costs are expected to increase by three percent to $6.4 million, according to the language of the ordinance that the Board’s budget and finance committee was set to consider this week.

As of press time, the Guardian was unable to reach anyone at City Hall to see if the city is seeking injunctive relief from WMAC’s filing, which provides a summary of San Francisco’s existing ordinances, a chronology of the events leading up to the DoE’s tentative award of the transportation and disposal contract to Recology and the subsequent bid protest filed by WMAC. {We’ll be sure to provide an update as the city’s response to the suit becomes available.)

“WMAC has exhausted all available and/or required administrative remedies,” WMAC states, noting that its filing also documents conflicting positions by DoE regarding the scope of the city’s Refuse Collection and Disposal Ordinance that San Francisco voters approved almost 80 years ago.

According to WMAC, DoE’s May 8 2008 Request for Qualifications stated that “the 1932 Refuse Collection and Disposal Ordinance …. does not address consolidating materials, processing for material recovery or transporting them to other facilities.”

According to WMAC, DoE re-stated this position in its Feb. 9, 2009 Request for Proposals.

“Yet in response to WMAC’s bid protest on (date) the Department stated there was no need to competitively bid transportation services outside the City limits since Recology was the only entity permitted under the 1932 ordinance to transport wastes from the in-city transfer station to an out-of-city landfill. “

As a result, WMAC is requesting the Court to rule on the scope of the 1932 Ordinance.

WMAC also notes that the Board of Supervisors designated the Altamont Landfill as the disposal site for all refuse collected within the City from November 1, 1998 through October 31, 2053, or until the City deposits 15 million tons. And that the 15 million ton has yet to be reached.

“There is ample time for the Department to issue a new RFP,” WMAC claims.

Will politicians get veto power over the voters?

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Political interest groups of all stripes generally hold the “will of the voters” to be sacrosanct and not something that should be arbitrarily trifled with by mere politicians. Right or wrong, it’s commonly accepted that if voters do something, only they should be able to undo or modify it. And certainly, if that standard is going to be changed, someone ought to put forward a pretty damn good reason for doing so.

Which is why we and other City Hall watchers have been perplexed over these last few months as Sup. Scott Wiener has pushed a ballot measure that would give the Board of Supervisors the power to alter voter-approved measures after three years, which will go before the board tomorrow (Tues/19) for possible placement on the November ballot.

Aside for a general desire to clean up unspecified minor clutter from the city codes, Wiener hasn’t really offered much of a rationale for this big change, or said what laws he has in his sights. That’s caused groups on both the left and the right to view it with great suspicion, for good reason. It’s been amended many times to address the understandable panic about the bedrock principles that it could alter, changing its effective date and going back-and-forth on whether it should apply to voter-initiated measures, finally settling on restricting it to just measures introduced by the board or mayor and taking effect after January 2012.

But as indicated by comments Sup. Sean Elsbernd made at the Rules Committee hearing and with an editorial supporting Wiener’s measure in Friday’s San Francisco Chronicle (which is often a sign of funny business being cooked up downtown), at least some of the rationale is to overturn a trio of progressive fall ballot measures that they don’t like, even before voters have said whether they want them. And that’s not a good sign, no matter how you feel about those measures.

As much as we would all love to empower legislators to go after voter-approved measures that we don’t like – for example, our state would be in much better fiscal shape if the Democrat-controlled Legislature would tweak Prop. 13 – that’s just not how things are done in a democracy. And if undoing every significant progressive reform that voters have approved over the years was suddenly a possibility on any given Tuesday, Wiener will have seriously raised the stakes at City Hall.

With campaign finance laws under attack by conservative judges and rich corporations and individuals wielding ever more power over our elections, the prospect that decades worth of reforms would suddenly be on the table in each district supervisorial race is truly scary. And we’re going to open up this can of worms based simply on the small bureaucratic nips and tucks that Wiener is citing? That just doesn’t make sense. Yup, there’s definitely some funny business going on here.

Chiu blocks health-care bill (for now)

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Sup. David Chiu has blocked a health-care reform bill from advancing to the full Board of Supervisors. And it’s particularly ironic since he’s a cosponsor of the measure.


The bill, by Sup. David Campos, is a key labor priority this year. It modifies the Healthy San Francisco program, which requires businesses with more than 20 employees to either offer health insurance, pay about $1.09 an hour into a fund for the city’s own health-care system, or set aside money to reimburse workers for health-care expenses. The last option is the least effective; asthe Chron points out


Part of the problem, said Matt Goldberg of the city’s labor office, is that some individual employers tailor their plans so restrictively that it’s difficult for workers to tap into their accounts. At some businesses, he said, employees can’t get reimbursed for such expenses as dental work and health insurance premiums.


The other part of the problem: Employers set aside the money, and at the end of the year, if the workers haven’t used it, they simply take it back. The payments (which, frankly, are an alternative to benefits that an employee would consider part of his or her compensation) don’t roll over to the next year. Campos wants to change that (and in the process, perhaps, discourage businesses from using the benefits-account option, which doesn’t work very well for employees). The bill would require businesses to make the money they put aside in one year available for the next year.


The Chamber of Commerce hates it, of course, but Campos had six co-sponsors. Until July 14.


At the Government Audit and Oversight Committee, Campos — the committtee chair — sought to get the bill approved and sent on to the full board. Committee member Mark Farrell, of course, opposes it, so the swing vote was the third committee member, Chiu — who, to the surprise of Campos, insisted on holding it in committee.


Chiu told me that he still supports the idea of the legislation, but thinks it needs a little more work, and that it’s better to amend bills in committee than send them on to the full board with changes pending. His main concern, he said, was potential job loss.


The city’s economist, Ted Egan, concluded that there could be job loss — but not really. What he said was that the city could expect 20,000 new jobs next year, and 15,000 the year after — but this legislation might mean a loss of as many as 400. So instead of 20,000 new jobs, SF might wind up with 19,600. Since the 20,000 is clearly an estimate, the actual impact seems pretty minor. Chiu told me that 400 jobs lost out of 700 businesses wasn’t minor — but the reality is that this isn’t a huge economic deal for the businesses. Just for the employees.


Campos said he thinks Chiu “wants to water it down.”


Henoted: “from a public policy standpoint, the Health Care Security law was designed to relieve the burden on the taxpayers of coveirng the costs of uninsured employees, who wind up at the public hospital emergency room.” He noted that the health care accounts, which can amount to about $4,000 a year, are of only limited use for a lot of people — “that doesn’t even cover one night in the hospital.” (Tell me about it — when I broke my hand, I wasn’t even in the hospital overnight, but I had two surgeries, one to put pins in the bone and one to take them out, and the cost, before my insurance payments, was close to $20,000. I’d still be typing with one hand if I didn’t have real insurance.)


“I don’t know what the hesitation is,” Campos said. “That money is for the workers, it belongs to the workers, and in some restaurants, customers are being asked to pay extra fees to cover the cost of healthcare that isn’t being provided. The businesses that play by the rules are at a competitive disadvantage.”


It takes four votes to pull a measure out of committee and bring it to the board. Campos so far has three — himself, John Avalos and Eric Mar. I’ll keep you posted. 



 


 


 

Parks Inc.

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steve@sfbg.com

Should the city be trying to make money off of its parks, recreation centers, and other facilities operated by the Recreation and Park Department? That’s the question at the center of several big controversies in recent years, as well as a fall ballot measure and an effort to elevate revenue generation into an official long-term strategy for the department.

So far, the revenue-generating initiatives by RPD General Manager Phil Ginsburg and former Mayor Gavin Newsom have been done on an ad hoc basis — such as permitting vendors in Dolores Park, charging visitors to Strybing Arboretum, and leasing out recreation centers — but an update of the Recreation and Open Space Element (ROSE) of the General Plan seeks to make it official city policy.

The last of six objectives in the plan, which will be heard by the Planning Commission Aug. 4, is “secure long-term resources and management for open space acquisition, operations, and maintenance,” a goal that includes three policies: develop long-term funding mechanisms (mostly through new fees and taxes); partner with other public agencies and nonprofits to manage resources; and, most controversially, “pursue public-private partnerships to generate new operating revenues for open spaces.”

The plan likens that last policy to the city’s deal with Clear Channel to maintain Muni bus stops with funding from advertising revenue, saying that “similar strategies could apply to parks.” It cites the Portland Parks Foundation as a model for letting Nike and Columbia Sportswear maintain facilities and mark them with their corporate logos, and said businesses such as bike rental shops, cafes, and coffee kiosks can “serve to activate an open space,” a phrase it uses repeatedly.

“The city should seek out new opportunities, including corporate sponsorships where appropriate, and where such sponsorship is in keeping with the mission of the open space itself,” the document says.

Yet that approach is anathema to how many San Franciscans see their parks and open spaces — as vital public assets that should be maintained with general tax revenue rather than being dependent on volunteers and wealthy donors, subject to entry fees, or leased to private organizations.

That basic philosophical divide over how the city’s parks and recreational facilities are managed has animated a series of conflicts in recent years that have soured many people on the RPD. They include the mass firing of rec directors and leasing out of rec centers, the scandal-tinged process of selecting a new Stow Lake Boathouse vendor, new vending contracts for Dolores Park, the eviction of the Haight Ashbury Neighborhood Center recycling facility, plans to develop western Golden Gate Park and other spots, the conversion by the private City Fields Foundation of many soccer fields to artificial turf, and the imposition of entry fees at the arboretum.

Activists involved in those seemingly unrelated battles united into a group called Take Back Our Parks, recognizing that “it’s all the same problem: the monetization of the park system,” says member John Rizzo, a Sierra Club activist and elected City College trustee. “It’s this Republican idea that the parks should pay for themselves.”

And now, with the help of the four most progressive members of the Board of Supervisors, the group is putting the issue before voters and trying to stop what it calls the auctioning off of the city’s most valuable public assets to the highest bidders.

The Parks for the Public initiative — which was written by the group and placed on the ballot by Sups. John Avalos, David Campos, Eric Mar, and Ross Mirkarimi — is intended to “ensure equal public access to parks and recreation facilities and prevent privatization of our public parks and facilities,” as the measure states. It would prevent the department from entering into any new leases or creating new entry fees for parks and other facilities.

Even its promoters call it a small first step that doesn’t get into controversies such as permitting more vending in the parks, including placing a taco truck in Dolores Park and the aborted attempt to allow a Blue Bottle Coffee concession there. But it does address the central strategy Newsom and his former chief of staff, Ginsburg, have been using to address the dwindling RPD budget, which was slashed by 7 percent last year.

“What a lot of us think the Recreation and Parks Department is actually doing is relinquishing the maintenance of park facilities to private entities,” says Denis Mosgofian, who founded the group following his battles with RPD over the closures and leases rec centers. “They’re actually dismantling much of what the public has created.”

He notes that San Francisco voters have approved $371 million in bonds over the last 20 years to improve parks and recreation centers, only to have their operations defunded and control of many of them simply turned over to private organizations that often limit the public’s ability to use them.

By Mosgofian’s calculation, at least 14 of the city’s 47 clubhouses and recreation centers have been leased out and another 11 have been made available for leases, often for $90 per hour, which is more than most community groups can afford. And he says 166 recreation directors and support staffers have been laid off in the last two years, offset by the hiring of at least nine property management positions to handle the leases.

Often, he said, the leases don’t even make fiscal sense, with some facilities being leased for less money than the city is spending to service the debt used to refurbish them. Other lease arrangements raised economic justice concerns, such as when RPD evicted a 38-year-old City College preschool program from the Laurel Hill Clubhouse to lease it to Language in Action, a company that does language immersion programs for preschoolers.

“Without telling anyone, they arranged to have a private, high-end preschool go in,” Rizzo said, noting that its annual tuition of around $12,000 is too expensive for most city residents and that the program even fenced off part of the playground for its private use, all for a monthly lease of less than $1,500. “They don’t talk to the neighbors who are affected or the users of the park … We’re paying for it and then we don’t have access to it.”

They also refused to answer our questions. Neither Ginsburg nor Recreation and Park Commission President Mark Buell responded to Guardian messages. Department spokesperson Connie Chan responded by e-mail and asked us to submit a list of questions, which department officials still hadn’t answered at Guardian press time. But it does appear that the approach has at least the tacit backing of Mayor Ed Lee.

“In order to increase its financial sustainability in the face of ongoing General Fund reductions, the Recreation and Parks Department continues to focus on maximizing its earned revenue. Its efforts include capitalizing on the value of the department’s property and concessions by entering into new leases and developing new park amenities, pursuing philanthropy, and searching for sponsorships and development opportunities,” reads Mayor Lee’s proposed budget for RPD, which includes a chart entitled “Department Generated Revenue” that shows it steadily increasing from about $35 million in 2005-06 to about $45 million in 2011-12.

And that policy approach would get a big boost if it gets written into the city’s General Plan, which could happen later this year.

Land use attorney Sue Hestor has been fighting projects that have disproportionately favored the wealthy for decades, often using the city’s General Plan, a state-mandated document that lays out official city goals and policies. She also is concerned that the ROSE is quietly being developed to “run interference for Rec-Park to do anything they want to.”

“By getting policies into the General Plan that are a rationalization of privatization, it backs up what Rec-Park is doing,” Hestor said, noting how much influence Ginsburg and his allies have clearly exerted over the Planning Department document. “It’s effectively a Rec-Park plan.”

Sue Exeline, the lead planner on ROSE, said the process was launched in November 2007 by an Open Space Task Force created by Newsom, and that the Planning Department, Neighborhood Parks Council, and speakers at community meetings have all influenced its development. Yet she conceded that RPD was “a big part of the process.”

When we asked about the revenue-generating policies, where they came from, and why they were presented in such laudatory fashion without noting the controversy that underlies them, Exeline said simply: “It will continue to be vetted.” And when we continued to push for answers, she tried to say the conversation was off-the-record, referred us to RPD or Planning Director John Rahaim, and hung up the phone.

The rationale for bringing in private sources of revenue: it’s the only way to maintain RPD resources during these tight budget times. A July 5 San Francisco Examiner editorial that praised these “revenue-generating business partnerships” and lambasted the ballot measure and its proponents was titled “Purists want Rec and Park to pull cash off trees.”

But critics say the department could be putting more energy into a tax measure, impact fees, or other general revenue sources rather than simply turning toward privatization options.

“We need to see revenue, but we also need to stop the knee-jerk acceptance of every corporate hand that offers anything,” Mosgofian said. “Our political leadership believes you need to genuflect before wealth.”

And they say that their supporters cover the entire ideological spectrum.

“We’re getting wide support, everywhere from conservative neighborhoods to progressive neighborhoods. It’s not a left-right issue, it’s about fairness and equity,” Rizzo said.

In sponsoring the Parks for the People initiative and unsuccessfully trying to end the arboretum fees (it failed on a 5-6 vote at the Board of Supervisors, with President David Chiu the swing vote), John Avalos is the one major mayoral candidate that is raising concerns about the RPD schemes.

“Our parks are our public commons. They are public assets that should be paid for with tax dollars,” Avalos told us. He called the idea of allowing advertising and corporate sponsorships into the parks, “a real breach from what the public expects from parks and open space.”

When asked whether, if he’s elected mayor, he would continue the policies and let Ginsburg continue to run RPD, Avalos said, “Probably not. I think we need to make a lot of changes in the department. They should be given better support in the General Fund so we don’t have to make these kinds of choices.”

ROSE will be the subject of informational hearings before the Planning Commission on Aug. 4 and Sept. 15, with an adoption hearing scheduled for Oct. 13. Each hearing begins at noon in Room 400, City Hall, 1 Dr. Carlton B. Goodlett Dr., San Francisco.

 

The city’s godawful computer problem

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Mission Local has a stunning report on a Board of Supervisors Public Safety Committee meeting, at which the supes tried to sort out the mess that is the city’s 14-year project to combine all public safety computer systems. Check it out:


Fourteen years later, there are still no answers as to when the project will be completed. And there’s no answer to another big question, as well: At a meeting of the city’s Public Safety Committee on Thursday, Deputy City Administrator Linda Young told Supervisor David Chiu that she is not even sure what the project’s current budget is.


“This is unacceptable,” said Chiu.


And:


Supervisor David Campos, also on the committee, chimed in, asking if Young had a timeline for the project’s completion.


Young looked beseechingly at the group of JUSTIS staff members standing behind her. None of them spoke.


“No,” she said, finally.


Not a pretty picture.

Competing claims mark the final pension reform ballot push

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Public Defender Jeff Adachi held a press conference on the steps of City Hall this afternoon, talking about how his pension reform measure is on track to qualify for the November ballot, calling for the Board of Supervisors to strengthen a rival measure so he can drop his, and wielding a series of colorful charts showing how his measure would save the city far more money.

But those involved with crafting the measure that has come out of City Hall – including Mayor Ed Lee and Sup. Sean Elsbernd – tell the Guardian that Adachi is misrepresenting the numbers in a way that amounts to lying, and that he’s employing a legally risky strategy that could either sink pension reform for the year or set a troubling legal precedent that diminishes the vested rights of all public employees.

The conflict – with its complex claims and counter-claims and dizzying array of big numbers derived from speculative actuarial tables and predictions of future economic realities – offers a preview of what is likely to be a bruising yet bewildering battle if both measures make the ballot.

“We have to have real reform,” Adachi told assembled journalists and activists. “If we had real reform coming from this building, City Hall, I wouldn’t be standing here right now.”

But Elsbernd and Lee each told us that the event had more to do with grabbing headlines with sensational yet misleading claims during the final six days of signature-gathering than it did with Adachi’s claim that his measure will save $138 million annually by 2014-15 compared to a $84 million in the city’s plan.

“It is critical people understand the difference in these costs,” Adachi said.

Lee called the event “weak antics in trying to get a headline,” and said, “His claims are false.” Elsbernd said he spoke with Adachi on the phone for an hour yesterday trying to convince him that his fiscal claims were wrong, but to no avail. “Facts don’t seem to matter to him anymore,” Elsbernd said. “He’s not playing straight with the facts.”

Two issues are central to Adachi’s claims of a big cost savings: his plan’s requirement that employees pay more into their pensions without the city’ plan’s promise of lessening that burden during good years – which city officials say is legally dubious because it simply takes away something to which current employees are entitled to under their contracts – and the deal that the city cut last week with public safety unions to give them the 4 percent raise they were scheduled to receive this year but to increase their pension contributions by a similar amount.

“It’ll cost taxpayers even more than the amount of the raise,” Adachi argued, wielding charts and figures to show that the higher pension payouts due to the increased salaries of cops and firefighters will cost the city $45 million over the next 10 years, and as much as $381 million by 2042.

But Elsbernd said that the raises were part of a contract approved back in 2007 and can’t be just unilaterally taken away. “The raises have been incorporated into pension projections,” Elsbernd said, accusing Adachi of essentially double-counting them in his calculations. “He’s saying this action increases the costs, and that’s just wrong. This deal lowers those costs.”

When we asked Adachi about that point during the press conference, he argued that in these dire fiscal times, all public employee contracts should be renegotiated from scratch and therefore his fiscal claims were correct. “Why should we be talking about a 4 percent raise for anyone when we’re cutting basic services?” Adachi asked.

But simply invalidating approved contracts puts Adachi’s measure on shaky legal ground, Elsbernd said. But it’s ground that the wealthy funders of Adachi’s measure are anxious to plow because if the measure survives a legal challenge, it will weaken the ability of current employees to get the benefits they were promised.

“He wants to challenge the issue of vested rights, and in the end, that’s what this is about,” Elsbernd said, noting that if Adachi’s measure gets more votes and is invalidated, as he thinks it will be by the courts, than the city’s pension problem gets worse as the solution gets pushed back a year.

Adachi claimed during the press conference that he has privately been offered support by some union leaders who are attracted to the big cost savings and what it would mean to the city’s future fiscal health, but he wouldn’t name them or indicate whether they will go public at some point. But Lee said Adachi is just desperately looking for allies.

“He’s looking for someone to support his view of this, but we’re very confident that our proposal is better,” Lee told us, noting how important it was to develop the measure with input and help from the unions. “We’ve done it the right way. You do it with people, not to people.”

But Elsbernd also said Adachi’s pushing of pension reform last year and again this year is a big factor in the union givebacks that the city has received: “We would not be in the place we are with labor if not for Jeff Adachi.”

The board is set to consider the city plan next week, while Adachi says he has 60,000 signatures and plans to gather 5,000 more by the deadline of Monday at 5 pm, which should be enough meet the threshold of about 47,000 valid signatures.

Mayor Lee’s budget deal

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The way the daily newspapers are presenting it, the budget that Mayor Ed Lee and the Board of Supervisors Budget and Finance Committee negotiated represents a new era of civility and cooperation at City Hall. The committee, after marathon negotiations, approved the $6.8 billion deal unanimously. Both sides called it a good process and a good result.

And indeed, by any standard, the way Lee worked with community groups was a huge breakthrough. After 16 years of essentially being cut out of the process under mayors Willie Brown and Gavin Newsom, the stakeholders — the people who provide the essential city services — were actually at the table. And the final blueprint isn’t as bad as it could be.

But it’s still a budget that does nothing to restore the roughly $1 billion of General Fund cuts over the past five years, that seeks no new taxes from big business or the wealthy, and that includes spending on a new Police Academy class that even the mayor doesn’t think the city needs.

And from the start, the mayor and his staff were absolutely determined to privatize security at the city’s two big public hospitals — even when it makes no political or fiscal sense.

The privatization plan was the centerpiece of what became a 13-hour shuttle diplomacy session, as staffers and supervisors sought to reach a deal they could all accept. The Mayor’s Office — particularly Steve Kawa, the chief of staff — put immense pressure on the committee members to accept a plan to replace deputy sheriffs with private security guards at San Francisco General and Laguna Honda hospitals. In the grand scheme of things, the $3 million in projected savings wasn’t a huge deal — but the politics was unnecessarily bloody. It’s as if Lee and Kawa were determined to privatize something, whatever the cost.

In the end, Sup. Jane Kim deserves considerable credit for holding firm and refusing to accept the proposal — and since Sup. David Chiu went along with her, they joined Sup. Ross Mirkarimi as a three-vote majority on the five-member panel and shot it down.

Police Chief Greg Suhr pushed for funding for a new police academy class to train 35 officers at a cost of $3.5 million (that’s $100,000 a cop). “I don’t think the department has looked hard enough at how we deploy the existing officers,” Sup. John Avalos told us.

And some key issues are still up in the air — for example, whether the mayor will adequately fund public financing of the November campaigns. With at least eight serious candidates running for mayor (not counting Lee), and most of them looking for the public financing that will help level the playing field, the city’s going to have to come up with at least several million dollars. That’s critical to the fairness of the election.

The bottom line remains: This city has been deeply damaged by years of cuts. And the next budget needs to start with a plan to repair that.

Editorial: Mayor Lee’s budget deal

1

The way the daily newspapers are presenting it, the budget that Mayor Ed Lee and the Board of Supervisors Budget and Finance Committee negotiated represents a new era of civility and cooperation at City Hall. The committee, after marathon negotiations, approved the $6.8 billion deal unanimously. Both sides called it a good process and a good result.

And indeed, by any standard, the way Lee worked with community groups was a huge breakthrough. After 16 years of essentially being cut out of the process under mayors Willie Brown and Gavin Newsom, the stakeholders — the people who provide the essential city services — were actually at the table. And the final blueprint isn’t as bad as it could be.

But it’s still a budget that does nothing to restore the roughly $1 billion of General Fund cuts over the past five years, that seeks no new taxes from big business or the wealthy, and that includes spending on a new Police Academy class that even the mayor doesn’t think the city needs.

And from the start, the mayor and his staff were absolutely determined to privatize security at the city’s two big public hospitals — even when it makes no political or fiscal sense.

The privatization plan was the centerpiece of what became a 13-hour shuttle diplomacy session, as staffers and supervisors sought to reach a deal they could all accept. The Mayor’s Office — particularly Steve Kawa, the chief of staff — put immense pressure on the committee members to accept a plan to replace deputy sheriffs with private security guards at San Francisco General and Laguna Honda hospitals. In the grand scheme of things, the $3 million in projected savings wasn’t a huge deal — but the politics was unnecessarily bloody. It’s as if Lee and Kawa were determined to privatize something, whatever the cost.

In the end, Sup. Jane Kim deserves considerable credit for holding firm and refusing to accept the proposal — and since Sup. David Chiu went along with her, they joined Sup. Ross Mirkarimi as a three-vote majority on the five-member panel and shot it down.

Police Chief Greg Suhr pushed for funding for a new police academy class to train 35 officers at a cost of $3.5 million (that’s $100,000 a cop). “I don’t think the department has looked hard enough at how we deploy the existing officers,” Sup. John Avalos told us.

And some key issues are still up in the air — for example, whether the mayor will adequately fund public financing of the November campaigns. With at least eight serious candidates running for mayor (not counting Lee), and most of them looking for the public financing that will help level the playing field, the city’s going to have to come up with at least several million dollars. That’s critical to the fairness of the election.

The bottom line remains: This city has been deeply damaged by years of cuts. And the next budget needs to start with a plan to repair that.

 

 

Don’t privatize public safety

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Four weeks ago, surgeon Dimitry Nikitin walked out of Florida’s Orlando Regional Medical Center to his car and was shot dead by a disgruntled patient who then turned his gun on himself and committed suicide. Last September, a doctor at Baltimore’s Johns Hopkins was shot and killed by a patient distraught over his mother’s terminal diagnosis.

There is an epidemic of violence in America’s health care facilities. Many of the scenarios are familiar — the news is full of stories of combatants in gang fights following wounded rivals into hospital emergency rooms to finish them off. But the full depth of the problem is largely unreported and extends to hospital wards, clinics, and long-term care facilities

A recent report from the U.S. Department of Labor based on 2009 statistics says health care providers rank third in the likelihood of being assaulted on the job — just behind police and correctional officers. In 2009, there were 38 assaults per 10,000 nurses aides.

Despite this troubling trend, the San Francisco Department of Public Health is asking the Board of Supervisors to approve its proposal to replace institutional police officers in some public health facilities with low-paid private security guards.

Here are two reasons this is a profoundly bad idea.

1. Health care is a stressful environment and growing more stressful every day.

As the providers of last resort, public hospitals and clinics often face a perfect storm of patients who are involved in violence, alcohol and drug abuse, or are suffering from untreated mental illness. But even outside emergency wards, health care workers must work up-close with patients and family members pushed to the breaking point by an overburdened delivery system.

As health care costs spiral, public health budgets shrink and access to high quality care dwindles, many hospitals and clinics are reporting assaults by patients and family members upset by long lines, half-day waits, and unaffordable care.

According to a September report by CNN on rising violence in health care facilities, violence caused by patients’ frustration with health care services is on the rise.

“People are just tired of waiting, or they are just angry that they’re not getting the care they feel is acceptable,” nurse Rita Anderson told CNN. “Instead of saying something, their response is yelling, hitting, screaming, and spitting.”

2. Well-screened and trained security officers reduce health care violence.

According to a study on reducing violence in hospitals by the National Crime Prevention Council, three top strategies for keeping health care facilities safe include reducing patient wait-times through well-organized and managed patient processing; controlling facilities through locked wards, staff ID badges, and security cameras; and hiring carefully selected and well-trained security personnel.

Currently, San Francisco’s hospitals and health care facilities are protected by highly trained San Francisco Sheriff’s deputies and institutional police officers. The Department of Public Health wants to replace some of these officers with private security guards.

But the private security industry is notoriously bad at screening recruits and plagued with turnover, in part because of low salaries. As a result, the use of private security creates unsafe working conditions for employees who deal with difficult or violent patients, such as those in San Francisco’s psychiatric emergency wards.

Unlike institutional police officers, private security guards cannot make arrests. Instead, they must involve the San Francisco Police Department, accumulating costs that quickly defeat the budget savings of using low-paid private guards to do work that should be done by highly trained officers.

Everyone who uses San Francisco’s public health system should contact the San Francisco Board of Supervisors and ask them to make the right choice to keep our hospitals, clinics, and long-term care facilities safe.

Ed Kinchley is an emergency room social worker at San Francisco General Hospital.

 

Three good initiatives for the fall

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The progressive wing of the Board of Supervisors (including, to her credit, Sup. Jane Kim) has placed three important reform measures on the November ballot. That the measures are headed for the voters is a clear indication of the shift of power at the board — progressives no longer have a reliable six votes. But the progressives still have the ability to push issues — and in an mayoral election year, these measures will provide a valuable gauge for the candidates and create broad-based organizing opportunities.

The measures include a ban on the demolition of more than 50 units of rent-controlled housing; a ban on further admissions charges at parks or leasing park facilities to private companies; and a requirement that participants in the Care Not Cash program get an actual housing unit — not just a shelter bed — before their welfare grants are cut.

The supervisors are under immense pressure to back off from those proposals, and if two of the five supporters pull their names before the final deadline of July 14, the measures won’t make the ballot. Some argue that the controversy over the measures could threaten the mayoral campaign of progressive standard-bearer John Avalos. But Avalos told us he supports all three measures and has no interest in turning back. He’s right — the supervisors should hold firm and insist on a public vote on all three.

The Care Not Cash reform has already generated a lot of controversy. Mayor Ed Lee has denounced it, saying it will destroy the entire program, and two mayoral candidates, former Sup. Bevan Dufty and Assessor-Recorder Phil Ting, have come out against it. But the measure is pretty simple and straightforward: it says that a bed in a shelter doesn’t count as “housing.”

That’s a critical definition, because under Care Not Cash, the city tries to put homeless welfare recipients into housing, mostly single-room-occupancy hotels — and in exchange, takes back most of the welfare grants. But by law, a bed in a shelter counts as a home — so the minute the city finds someone a cot to sleep on in a noisy, sometimes dangerous shelter with no privacy and arbitrary curfews and rules, that person loses most of his or her welfare grant. Along the way, the city locks up shelter beds for people in the CNC program — so when other homeless people show up for a place to sleep, they’re told there’s no room. That’s a sign of a broken system.

The housing demolition measure comes as a response to a badly flawed proposal to rebuild Parkmerced — tearing down hundreds of rent-controlled housing units in the process. The parks measure is an attempt to stop Phil Ginsburg, head of the Recreation and Parks Department, from turning public property over to private for-profit firms in an effort to raise cash.

The community groups and grassroots sponsors of these measures have a responsibility to organize and mount serious campaigns; there’s going to be big-money opposition. But it’s worth having all three on the ballot in November.

Smooth sailing for developers

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rebeccab@sfbg.com

It’s a mad dash at San Francisco City Hall to put all the pieces together in preparation for the America’s Cup, the prestigious regatta that will culminate in the summer of 2013 along the city’s northern waterfront. But once that spectacle is over, the biggest impact of the event will be a massive, lasting, and quite lucrative transformation of the city’s waterfront by a few powerful players, a deal that has been modified significantly since it was approved by the Board of Supervisors.

As negotiations on the fine terms of the development agreements continue to unfold, the future landscape of a huge section of the San Francisco waterfront is in play. If the America’s Cup Event Authority (ACEA) — the race management team controlled by billionaire Oracle CEO Larry Ellison — aims high in its investments into port-owned infrastructure, it has the potential to lock-in leases and long-term development rights for up to nine piers for 66 years, with properties ranging from as far south as Pier 80 at Islais Creek to as far north as Pier 29, home of the popular dinner theater Teatro ZinZanni.

The possibility of securing long-term leases and development rights to Piers 19, 23, and 29 — provided race organizers sink more money into infrastructure improvements — was added to the deal in the last two weeks of 2010, just before San Francisco won its bid to host the world-famous sailing match. The possibility of obtaining rights to portions of two additional piers, 27 and 80, were also added at the last minute. Race organizers and city officials negotiated the final modifications after the Board of Supervisors signed off on the Host City Agreement on Dec. 14, 2010.

Not all board members knew that three additional city-owned piers were being added as possible extensions of the land deal, and those properties weren’t mentioned in any of the earlier documents that went through a public review process in the months leading up to the approval of the agreement. Yet Board President David Chiu was evidently appraised of how the last-minute negotiations were unfolding and he quietly offered his support.

On Dec. 22, 2010, Chiu sent a letter to Russell Coutts, CEO of Oracle Racing, the team that won the 33rd America’s Cup and is an integral player in laying plans for the 34th. “I understand that Mayor Newsom and the city’s team have been working directly with you since the board’s approval of the Host City Agreement to make the necessary adjustments and clarifications to the agreement to ensure it meets your needs. I am aware of these changes and support them,” Chiu wrote in a letter that was not shared with his fellow supervisors.

Quoting from a section of the agreement that explains that ACEA is ensured long-term development opportunities in exchange for funding improvements and upgrades, Chiu’s letter went on, “This section specifically applies to … Piers 30-32 and Seawall Lot 330, as well as Piers 26 and 28, and if mutually agreeable could apply to Piers 19, 23, and 29. To obtain the community’s support and agreement for future development rights to piers on the northern waterfront, you will need to invest in a strong partnership with the community … I am prepared to help facilitate that relationship.”

Former Board President and Democratic County Central Committee Chair Aaron Peskin, who has closely followed the America’s Cup land deal and has for decades been actively involved in land-use issues along the northern waterfront, interpreted Chiu’s letter to Coutts as a backroom deal.

“There is no question that the president of the board, without the authorization of the majority of the Board of Supervisors, went behind closed doors, out of view of the public, and committed to [long-term development] for three piers,” Peskin said, highlighting the fact that no other supervisors were copied on Chiu’s letter. “That he has done this unilaterally, without the consent of a board’s vote at a board meeting, is not good governance. If there’s one body that’s supposed to do all of its work for the public, it’s the Board of Supervisors.”

Chiu defended the letter by emphasizing the part that asked for a partnership with the community. “This was all within the broader framework of the Host City Agreement that we signed in the middle of December,” he told the Guardian when presented with the letter during an interview and asked to comment. “They had questions about, well, can we develop on these other piers? And what I said was, ‘Well, as I think the language here specifically says if mutually agreed upon … you could possibly do this.’ And we specifically said you’ll need to invest in a strong partnership with the community.”

He added that specific development plans would still have to be approved by the Board of Supervisors. Proposals for each parcel will be made in separate Disposition and Development Agreements, subject to board approval.

On hearing Chiu’s response, Peskin was still critical of the lack of transparency in this deal: “My position is, if it walks like a duck and quacks like a duck, it’s a duck.”

Meanwhile, an analysis prepared by Budget Analyst Harvey Rose in mid-March suggests that the final amendments did reflect new commitments for the city that go well beyond what was discussed publicly. “No city approval of the Event Authority’s selection of Pier 29 for a long-term lease is required in the agreement, as modified by the Mayor’s Office and other city officials,” the Budget Analyst’s report notes. “This entire provision … was not included in the agreement of Dec. 14, 2010 as previously approved by the Board of Supervisors.”

Brad Benson, special projects manager at the Port of San Francisco, explained the Pier 29 provision slightly differently. “The city would have to be acting in its reasonable discretion to say no,” he said, emphasizing that ACEA would have to invest well above the $55 million threshold to obtain rights to Pier 29.

At a time when a new era of civility is being hailed at City Hall, two elements of the city family are essentially agreeing to disagree on the broader question of whether the 11th-hour modifications to the deal resulted in a greater hit to city coffers than supervisors approved. While Rose stated in public hearings that the modifications would deal a greater blow to city revenues, City Attorney Dennis Herrera, a mayoral candidate, has stood with the Office of Economic and Workforce Development in his assessment that the changes did not significantly exceed the scope of what was approved by the board. Fred Brousseau of the Budget & Legislative Analyst chalked it up to “a difference in opinion,” reflecting “the auditor’s standard for materiality versus the city attorney’s.”

Legalese aside, it’s clear that the race organizers stand to gain some highly desirable waterfront property in exchange for investing in the piers and bringing an event to the city that is expected to generate substantial economic activity. If ACEA invests a minimum threshold of $55 million for infrastructure improvements, it can likely secure long-term development rights for Piers 30-32, a 13-acre waterfront parking lot where Red’s Java House is located, plus win the title to Seawall Lot 330, a two-acre triangular parcel along the Embarcadero that has been discussed as the site of a future luxury condo tower that has already cleared city approval for that use.

A high-rise next door to Seawall Lot 330, called the Watermark, currently has condos going for $1.2 million apiece on average, according to a calculation of online listings. Under the America’s Cup deal approved by the board, the port would have received 1 percent of each condo sale plus 15 percent of transfers or subleases made by ACEA. “Such required payments … have been entirely removed from the agreement as modified by the Mayor’s Office and other city officials,” the budget analyst’s report points out.

Waterfront real estate in San Francisco, always expensive, has recently soared to even higher values. According to a June 22 article in the San Francisco Business Times, Farallon Capital Management recently put up for sale a 3.36-acre parcel in Mission Bay zoned for life science and tech office space — and it’s expected to fetch around $90 million. This past April, BRE Properties shelled out $41.4 million for two Mission Bay residential development sites entitled for 360 residential units, and last year, Salesforce.com acquired a 14-acre Mission Bay property for $278 million, or $140 per buildable square foot.

By comparison, the $55 million that ACEA must invest to be granted a two-acre waterfront parcel on the Embarcadero, plus long-term rights to lease and develop an additional 13 acres across the street, sounds like a good deal. “We’re using an appraisal approach. It’s not going to ridiculously undervalue the property,” Benson said. Under changes made to the deal after the board signed off, base rent for Piers 30-32 will be $4 per square foot of building area. Rent for all other possible piers will be $6 per square foot of building area.

The ability to transfer city-owned Seawall Lot 330 outright to the ACEA is predicated on the approval by the State Lands Commission to strip that property of constraints placing it, like all coastal properties, in the public trust. Lt. Gov. Gavin Newsom, who pushed the deal as mayor, is one of the three members of that commission.

Under a provision in the agreement, the ACEA’s $55 million investment will be applied toward rent credits on city-owned parcels — and depending on how much the company puts in, that credit balance can increase by 11 percent every year. Benson described this as a typical arrangement, saying, “It’s not out of the line with other rent-credit deals the port has done.”

Two former mayoral advisors from OEWD, Kyri McClellan and Alexandra Lonne, have since gone to work for the America’s Cup Organizing Committee (ACOC), a nonprofit entity working in tandem with the city and the ACEA to secure financial commitments for hosting the race. Newsom has also been named ambassador at large for the America’s Cup effort.

Meanwhile, an OEWD budget proposal includes $819,000 in staffing costs for four management-level positions relating to America’s Cup planning. A refund is expected in the form of $12 million that the ACOC has committed to fundraise by the end of 2011, with an ultimate target of $32 million by 2013. So far, ACOC has only raised $2 million, but plans to seek higher donations once it gains tax-exempt status. “I think the $2 million is a really good start,” said Mike Martin, who transferred in February from the San Francisco Public Utilities Commission to OEWD to direct the America’s Cup effort. “They’re building a foundation for an effective pitch.”

For now, city departments are scrambling toward completing the environmental review process for the infrastructure improvements, expected to be complete sometime in November. “It’s incredibly compressed,” Martin said. “There’s a lot to be done in a very short time.”

Peskin, for his part, seemed be keeping a watchful eye on the unfolding America’s Cup plans. “What we, the citizens of San Francisco, have to watch out for is that we’re not being taken advantage of,” he said. “We’ve got to be vigilant that we don’t get taken to the cleaners.”

Editorial: Three good initiatives for the fall ballot

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The progressive wing of the Board of Supervisors (including, to her credit, Sup. Jane Kim) has placed three important reform measures on the November ballot. That the measures are headed for the voters is a clear indication of the shift of power at the board — progressives no longer have a reliable six votes. But the progressives still have the ability to push issues — and in an mayoral election year, these measures will provide a valuable gauge for the candidates and create broad-based organizing opportunities.

The measures include a ban on the demolition of more than 50 units of rent-controlled housing; a ban on further admissions charges at parks or leasing park facilities to private companies; and a requirement that participants in the Care Not Cash program get an actual housing unit — not just a shelter bed — before their welfare grants are cut.

The supervisors are under immense pressure to back off from those proposals, and if two of the five supporters pull their names before the final deadline of July 14, the measures won’t make the ballot. Some argue that the controversy over the measures could threaten the mayoral campaign of progressive standard-bearer John Avalos. But Avalos told us he supports all three measures and has no interest in turning back. He’s right — the supervisors should hold firm and insist on a public vote on all three.

The Care Not Cash reform has already generated a lot of controversy. Mayor Ed Lee has denounced it, saying it will destroy the entire program, and two mayoral candidates, former Sup. Bevan Dufty and Assessor-Recorder Phil Ting, have come out against it. But the measure is pretty simple and straightforward: it says that a bed in a shelter doesn’t count as “housing.”

That’s a critical definition, because under Care Not Cash, the city tries to put homeless welfare recipients into housing, mostly single-room-occupancy hotels — and in exchange, takes back most of the welfare grants. But by law, a bed in a shelter counts as a home — so the minute the city finds someone a cot to sleep on in a noisy, sometimes dangerous shelter with no privacy and arbitrary curfews and rules, that person loses most of his or her welfare grant. Along the way, the city locks up shelter beds for people in the CNC program — so when other homeless people show up for a place to sleep, they’re told there’s no room. That’s a sign of a broken system.

The housing demolition measure comes as a response to a badly flawed proposal to rebuild Parkmerced — tearing down hundreds of rent-controlled housing units in the process. The parks measure is an attempt to stop Phil Ginsburg, head of the Recreation and Parks Department, from turning public property over to private for-profit firms in an effort to raise cash.

The community groups and grassroots sponsors of these measures have a responsibility to organize and mount serious campaigns; there’s going to be big-money opposition. But it’s worth having all three on the ballot in November.

 

Will partisan agendas shape the redrawing of political lines? — UPDATED

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UPDATED BELOW In the midst of a political realignment at City Hall that is still shaking out, the Board of Supervisors Rules Committee is today (Thurs/23) considering appointments to the Redistricting Task Force, the body that will redraw supervisorial districts using the latest census data. And its choices will say a great deal about the role of integrity and impartiality in the new “politics of civility.”

This commission will arguably have more influence on the city’s political dynamics over the next decade than any other, so overtly partisan appointees should be viewed with great suspicion. Larry Bush at CitiReport did a nice rundown of the applicants and their backgrounds, but the Rules Committee will be where the real action is.

President David Chiu stacked the committee with a conservative majority (Sups. Mark Farrell and Sean Elsbernd) and named a chair (Sup. Jane Kim) whose political loyalties are tough to peg right now. Will she seek an appointee who doesn’t have a political agenda, or will she seek to reward a partisan ally like applicant Paul Hogarth, who worked on her campaign and writes for BeyondChron.org, a propaganda outlet for Kim-backers Randy Shaw and the Willie Brown/Rose Pak/David Ho cabal that elevated Ed Lee into Room 200 and is desperately trying to keep him there.

There are other problematic applicants as well, including Potrero View Publisher Steven Moss, who ran for supervisor in D10 last year and has shown a penchant for seeking payback against his perceived enemies (including the Guardian, which ran articles questioning his residency status). Applicant Ron Dudum has also shown a vindictive streak – following up his failed D2 supervisorial campaigns with an unsuccessful lawsuit challenging the ranked-choice voting system – that would make him a worrisome figure to have on this task force.

So far, three people have been named to the body by the Elections Commission: gadfly/policy wonk David Pilpel, Google attorney Melissa Tidwell, and Mark Schreiber, the managing general partner of Cooper White & Cooper. So already, this is tilting toward a business community bias that will probably get worse once Mayor Ed Lee makes his three appointments to the nine-member commission.

Given how the Rules Committee is stacked, its three recommendations are likely to raise questions that the full board will need to put to rest when it takes the matter up on Tuesday. Voters need to have faith that partisan agendas aren’t shaping the city’s most important political lines, and now is the moment to ensure they have that confidence.

UPDATE: The committee voted unanimously to recommend Eric McDonnell, the chief operating officer of United Way of the Bay Area; Jenny Lam, director of community initiatives for Chinese for Affirmative Action and a board member of Chinatown Community Children’s Center; and Mike Alonso, a “security professional” with Corporate Security Services who got his law degree from New College in 2007 but never worked as a lawyer.

Board rebuffs Farrell’s shrinking of affordable housing project

12

The efforts by Sup. Mark Farrell and a group of his constituents from wealthy District 2 to downsize or derail an affordable housing project for young people at risk of homelessness was rebuffed yesterday by the Board of Supervisors, which voted 9-2 to deny an appeal of Planning Commission’s 5-1 approval of the Booker T. Washington Community Service Center project.

As the Guardian has reported, neighborhood opponents to the project convinced Farrell to change his position and propose that it be reduced from five stories to four without first consulting with project proponents. Farrell’s co-sponsor for the legislation, Sup. Ross Mirkarimi, opted to continue carrying the original legislation, creating a standoff at the board.

Farrell has said Mirkarimi and the other supervisors should defer to him and his constituents in District 2, a point he reiterated at the hearing. “We need to be really careful about introducing projects in other people’s districts,” he said. Mirkarimi has countered that the project is close to his District 5, it addresses a citywide problem of a lack of housing options for young people aging out of the foster care system, and it has long had the support of Farrell’s predecessor, Michela Alioto-Pier.

Everyone who spoke claimed to basically support the project, and Farrell argued that reducing it by one story shouldn’t make a difference, particularly given that shrinking the project would prevent neighbors from suing to stop it. “This is one of the most bizarre projects I’ve worked on since taking office,” Farrell said, later arguing the board should heed the concerns of neighbors: “That’s what we’re here to do as district supervisors, listen to our constituents.”

But most of his colleagues said the project addressed an important need and that city needs even more housing than this project supplies, making it difficult for them to simply defer to Farrell. His motion to reduce the project size was rejected on a 4-7 vote, with Farrell joined in dissent by Sups. Sean Elsbernd, Carmen Chu, and Scott Wiener. The appeal of the overall project was then denied 9-2, with only Chu standing with Farrell.

Suhr sounds open to Portland-style FBI terrorism taskforce resolution

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When the Guardian sat down with SFPD Chief Greg Suhr last week, it was shortly after the Board of Supervisors unanimously approved Julius Turman as the next Police Commissioner. Turman’s appointment means the Commission, which provides civilian oversight of SFPD’s policies and procedures, now has seven members, once again, and thus can get on with addressing important outstanding issues, including what to do about the FBI’s hitherto secret agreement around SFPD officers assigned to the FBI’s terrorism taskforce.


At issue is an agreement with the FBI that then SFPD Chief Heather Fong signed in March 2007, but the Police Commission never reviewed. Further complicating the issue is the fact that in December 2008, the FBI introduced looser surveillance guidelines that appear to clash head-on with SFPD’s tighter surveillance policies, which require reasonable suspicion before any spying can be approved.


During Suhr’s first few weeks as Chief, the Police Commission and the Human Rights Commission held a joint hearing on the FBI’s hitherto secret agreement with the SFPD. And during that meeting, Suhr introduced a new bureau order which clarified that, under Suhr’s command, SFPD surveillance policies trump the FBI guidelines.


But civil rights advocates, including the American Civil Liberties Union and the Asian Law Caucus, continued to raise concerns. And evidently Suhr has listened to them. During our interview, Suhr told me that he met with ACLU’s John Crew, and Crew explained that Suhr’s new bureau order is only a temporary solution.


“It’s only a remedy as long as I am Chief,” Suhr explained, noting that the ACLU wants to sit down and review the matter and see if there is a way to tighten any loopholes,


“And if we can’t reach accord with the FBI, then we’ll talk about how to move forward with a Portland-style resolution,” Suhr said, referring to a recent decision by the Portland city council in Oregon not to sign the FBI’s agreement, and instead draft its own resolution to better define the terms and conditions under which local officers can participate in the FBI-led joint terrorism taskforce.


Asked what he thought about the FBI’s decision not to send a representative to address community concerns at the joint hearing of the San Francisco Police Commission and Human Rights Commission, Suhr replied, “I don’t think they [the FBI] thought it would be productive,” adding that his talks with Stephanie Douglas, the FBI Special Agent in charge of the terrorism taskforce, have been very “productive” so far.
 


 

Treasure Island: 11 ayes, no sight

6

On June 7, the San Francisco Board of Supervisors voted 11-0 to reject an appeal of the Treasure Island environmental impact report. The appeal was brought by Arc Ecology and our colleagues the Sierra Club, Golden Gate Audubon Society, Wild Equity, former Sup. Aaron Peskin, and Yerba Buena Island resident Ken Masters.

The board will tell you that the Department of City Planning and the Mayor’s Office of Economic and Workforce Development found the appeal lacking in merit.

In the appeal, we claimed the EIR lacked the specificity to qualify as a project EIR, which means that after it passes, the city will have substantially limited the ability of any future Board of Supervisors to address the project’s actual environmental impacts. But these impacts cannot and will not be known until actual development proposals, none of which presently exist, are made.

Sup. Jane Kim and city planning staffers argued that the EIR had almost too much specificity. For example, without showing a single confirming diagram, project sponsors claimed they could cut as many as 100 stories off the proposed skyscrapers — yet keep the same number of condos without increasing the bulk, height, or number of buildings in the overall project. How? Through the Harry Potter-like magic of “flex buildings and zones.”

The board will tell you that this project presents a vision of a new community unrivaled in the Bay Area and nation — a new Athens. But the supervisors don’t seem to realize that it’s a development with a population larger than Emeryville, about the size of Albany. Indeed, the separate dedicated buildings of affordable homes truly make Treasure Island like Athens of old, with poorer people segregated from the rich.

They don’t see that this is a self-reflecting vision blithely unconcerned about the impacts it will have on the greater Bay Area region, and that it’s a bloated project that will vastly exceed the region’s capacity to support it. It’s a project whose impacts will enslave legions of people to longer commutes as more cars flood the bridge, pushing traffic like rising sea levels into the upper reaches of East Bay freeways. Nor are project proponents particularly concerned about the impacts of air pollution blowing from the bridge and the region’s freeways into Berkeley, Emeryville, and Oakland.

Finally, neither the supervisors, nor the city planners, nor the Office of Economic and Workforce Development seem to be aware that San Francisco currently has 30,000 vacant housing units. It will cost a projected $577,000 to build each Treasure Island unit. But more units could be built on San Francisco’s mainland with almost no impact, simply by allowing rental units in the basements of some of our stock of 130,000 single-family homes.

That kind of housing isn’t as luxurious as a 45-story view of the bay from Treasure Island perhaps — but at a cost of $100,000 to $200,000 per unit, more than half of those in-law apartments could be rented at or below market rate. Infill housing of that sort would also mean greater stability for established home owners, more jobs and business opportunities, and more riders for Muni.

Still, the appellants weren’t trying to halt any project at Treasure Island. The appeal was about was fixing the deficiencies in the EIR and right-sizing the project so it can move forward with its benefits intact.

In the Tarot, the Five of Cups depicts an individual so besotted by that possibilities floating before his eyes that he stands mesmerized, believing they are at hand — of course, in reality he’s fooling himself. In the case of Treasure Island, the supervisors and city officials are intoxicated by the visions floating in the bay — and are thus blinded to the better options of making this city and region more sustainable and affordable.

Alerts

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ALERTS

By Jackie Andrews

 

WEDNESDAY, JUNE 15

Golden Wheel Awards

Join the SF Bike Coalition to celebrate and congratulate the movers and shakers who realize the potential for connectedness and comfortable biking in San Francisco. Award recipients include the SFMTA for the safer green bike lanes installed along Market Street, which have attracted new commuter cyclists to the Financial District. Also hear from Leah Shahum about the Bike Coalition’s bold vision of cross-town bikeways.

6–9 p.m.,

$75 individual, group packages available

War Memorial Building

401 Van Ness, SF

www.sfbike.org

 

THURSDAY, JUNE 16

The Castro and LGBTQ history

Attend this panel discussion called “No Equality Without Economic Equality: The Struggle Against Gentrification and Displacement in the Castro in the Late 1990s” and learn about the tumultuous period of dot-com boom and doom in San Francisco’s Castro District — a time when rents soared, long-term tenants were displaced (many living with HIV and AIDS), and queer youth ended up on the street. But there was a silver lining. Out of the gentrification grew a strong community of activists and much- needed social services, as well as historical milestones like the Tom Ammiano write-in mayoral campaign of 1999 and the progressive takeover of the Board of Supervisors the following year. Speakers include Tommi Avicolli Mecca, Jim Mitulski and Gabriel Haaland, and Paola Bacchetta.

7–9 p.m., $5

GLBT Historical Museum

4127 18th St., SF

www.glbthistorymuseum.org

 

TUESDAY, JUNE 21

Guardian forum: Budget, Healthcare, and Social Services

This is the second forum in a five-part series that examine local issues that are expected to have a major impact in the upcoming mayoral race. Representatives from labor groups and local nonprofits will be on hand, as will budget experts, to discuss the city budget, access to healthcare for San Franciscans, and other useful and threatened social services. This is sure to be a lively discussion and a unique opportunity to get involved in local politics. Be there.

6–8 p.m., free

Local 2 Hall

309 Golden Gate, SF

www.sfbg.com

Media access here and now

Weigh in on the issue of media access in San Francisco and the controversy around the accessibility of media passes for journalists while out on assignment. Panelists at this conversation with the Society of Professional Journalists will include SFPD’s Lt. Troy Dangerfield, attorney David Greene with the First Amendment Project, interim City Administrator Amy Brown, and a local journalist who has experience going through the process of trying to obtain a press pass.

5:30 p.m., free

SF Public Library

Latino Community Room

100 Larkin, SF

www.spj.com 

 

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Chase bank appeal could impact neighborhoods

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An appeal hearing June 8 on a JP Morgan Chase branch on Divisadero and Fell could affect the future of small neighborhood retail in San Francisco.


The Planning Department gave Chase a permit to build a branch in a space protected by formula retail law. According to the department, the bank provides “financial services” — which are not specifically mentioned in the Planning Code section limiting formula retail.


Neighborhood activists are fighting the proposed bank, which would occupy three retail spaces on a stretch of Divisadero already home to numerous chains — and just six blocks away from another Chase branch.


Divisadero’s heavy traffic makes it a prime advertising street, and could explain why Chase is looking to build another branch so close to its existing one.


Community activists say the bank is clearly a formula retail establishment — which would mean it doesn’t comply with the Planning Code for the neighborhood. Since the space is more than 4,000 square feet, that would mandate a conditional use permit and a public hearing.


Quintin Mecke, a neighborhood resident who will be speaking at the Board of Appeals hearing, said  evening, the Planning Department privately measured the space but did not include areas normally listed when measuring square footage. The department did not return a request for comment.


The exemption of Chase from the formula retail law could affect more than just the Western Addition neighborhood.
“There’s clearly issues with the planning departments interpretation of this law,” says Mecke, “we’ve just happened to find a very specific, and what we call egregious, version of it.”


Mecke said he believes that if banks are exempted from this law, so could many other chain establishments — including adult entertainment and auto body shops — that don’t happen to be mentioned in the code, and small San Francisco neighborhoods could radically change.


Former Sup. Aaron Peskin, who was on the board when the formula retail law passed, told us that “it was written very broadly and what the planning department is asserting is that financial services are not part of that broad category.
 
“Had the board of supervisors intended to exclude financial services, that would have been specifically written into the law,” he said. “Instead the board passed a very broad category and financial services falls in that category. It was intended to be construed and defined broadly and should apply to financial services as much as it does to a restaurant or shoe store.”

Tipping point

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sarah@sfbg.com

On June 14, members of the Board of Supervisors will vote to appoint a new member of the Police Commission — in the wake of a messy string of alleged police misconduct scandals that, progressives argue, underscore why having strong civilian oversight is critical to ensuring a transparent, accountable police department the public can trust.

The appointment comes less than two months after San Francisco native Greg Suhr was sworn in as chief in the wake of Mayor Gavin Newsom’s decision to appoint former Chief George Gascón as the next district attorney — a move that has served to muddy the D.A. Office’s efforts to investigate the alleged police misconduct.

Further complicating the board’s choice is the heated battle that erupted over the appointment, led in part by members of two Democratic clubs that represent lesbian, gay, bisexual, and transgender communities.

The Alice B. Toklas LGBT Democratic Club has officially endorsed Julius Turman, a gay attorney and community activist who was a former assistant U.S. attorney and the first African American president of the Alice club. Turman currently works for Morgan, Lewis & Bockius, where he represents companies in actions for wrongful termination, employment discrimination, and unfair competition. He is also state Sen. Mark Leno’s (D-SF) proxy to the San Francisco Democratic County Central Committee and serves on the Human Rights Commission.

On the other side, members of the Harvey Milk LGBT Democratic Club, the voice of the city’s queer left, are supporting David Waggoner, an attorney and community activist who is a former Milk Club president. Waggoner has worked on police use-of-force policy and as a pro bono attorney for the National Lawyers Guild at the Oakland Citizen’s Police Review Board, and been a passionate advocate for the LGBT community, immigrants’ rights, people with disabilities, and the homeless.

The other two applicants for the post are Vanessa Jackson, a staffer at a women’s shelter with experience in counseling ex-offenders; and Phillip Hogan, a former police officer who serves on the board of the Nob Hill Association and has been trying to get on a commission for years.

Although both Jackson and Hogan have diverse experience with law enforcement — Jackson as an African American woman who claims the police have “no respect for people of color” and Hogan as a former police officer of Lebanese-Irish descent who manages real estate — neither has the support of the LGBT community. The position occupied by Deputy District Attorney James Hammer for the last two years, and Human Rights Commission director Theresa Sparks occupied before that, is widely considered to be an LGBT seat.

 

WHO’S THE REFORMER?

So now the fight is about whether Turman or Waggoner would be the strongest reformer.

In a recent open letter, former Board Presidents Harry Britt, Aaron Peskin. and Matt Gonzalez expressed support for Waggoner. “While most hardworking police officers perform their jobs admirably, insufficient oversight and poor management systems have led to significant problems,” their letter stated. “Despite these widely reported problems, the Police Commission has failed to adequately address these issues. San Francisco needs real reform, not more of the same. We believe David Waggoner will be that voice at this critical time.”

At the June 2 Rules Committee hearing, Waggoner proposed taking away master keys to single-resident occupancy (SRO) hotels from the police. “Significant abuse of that resulted in seriously tarnishing the department,” he said.

Turman made an equally impassioned — if less stridently reformist-sounding — speech. “Why would we allow an officer to enter a home, regardless of the master key rule, which I’m not a fan of?” Turman asked. He also said Tasers are dangerous weapons with unintended consequences. “I fear communities of color will suffer more from Taser use.”

Waggoner’s supporters noted that their candidate has more than 15 years of police accountability experience. Turman’s supporters vouched for his integrity, maturity, ability to build consensus, and “belief in strategically serving his community.”

In the end, Sups. Sean Elsbernd and Mark Farrell voted for Turman, while Rules Committee Chair Sup. Jane Kim voted for Waggoner.

That means Turman’s name has been forwarded to the full board with a recommendation. But because the Rules Committee interviewed all the candidates, the board can still appoint any of them.

At the Rules Committee, Sup. Scott Wiener voiced support for Turman. And Board President David Chiu recently told the Guardian that he has known Turman for years, has worked with him professionally, and will vote for him. “I found him to be fair, thoughtful, and compassionate,” Chiu said, noting that he believes the role of the commission is “to provide oversight and set policy.”

Sup. David Campos, one of the solid progressive votes on the board and a longtime Milk Club member, believes Waggoner would make an excellent commissioner but is a friend of Turman, and believes he’ll be a strong voice for reform. “Sean [Elsbernd] and Mark [Farrell] could be in for a big surprise if Julius gets appointed,” Campos mused shortly after Elsbernd and Farrell voted for Turman.

Campos recalled how he and Turman started working at the same firm years ago. “So I got to know him well,” he said, adding he is “like a family member.

“By virtue of his involvement with Alice, some folks think Julius will be a certain way,” Campos added. “But I believe he’ll take a progressive point of view on the issues. He has both the knowledge and the experience with the police, he understand the important role that police oversight and the Police Commission play in making the SFPD accountable.”

Kim told us that she primarily voted for Waggoner because she knows him the best, and not out of concern that Turman wouldn’t do a good job. “I’m more familiar with David and that’s what tipped the scale,” Kim said. “It’s great to have two strong LGBT attorneys who have a clear understanding of public safety issues, the law, and are advocates for the community.”

But Debra Walker, who ran against Kim last November, steadfastly supports Waggoner. “Julius has been active in the Alice B. Toklas club for a while, he’s a prosecutor, while David is more of a citizen’s defense attorney,” she said.

Turman continues to be dogged by reports of domestic violence, thanks to a lawsuit that Turman’s former domestic partner Philip Horne filed in March 2006 alleging that Turman came into his house when he was sleeping on New Year’s Day 2006 and tried to strangle him.

Horne claimed he “was terrified that the lack of air supply would cause him to pass out and potentially die at the hands of such a jealous and unmerciful former lover.” He alleged he was able to calm Turman down only to see him get enraged again and punch Horne in the face seven to 10 times. When Horne decided he needed to go to the emergency room, the complaint states, Turman grabbed his phone and keys saying, “If you leave, you’ll never see the cats (alive) again,” and “I will report you to the state bar.”

Horne claimed he ran outside screaming for help and that when SFPD arrived, they arrested Turman for domestic violence and called an ambulance for Horne.

Turman responded in July 2006 to what he described as Horne’s “unverified complaint,” arguing he acted in “self-defense” and that the conduct Horne complained of “constituted mutual combat.” He added that “damages, if any, suffered by Horne were caused in whole or in part by entities or persons other than Turman.”

In the end, no criminal charges were ever filed against Turman and the case was settled out of court. Turman now says “I’ve done nothing wrong and these allegations are false.”

Campos warns people not to jump to conclusions. “We need to remember that there is a presumption of innocence,” Campos said. “Yes, there was a court case, but there was never a conviction. Yes, there was a settlement, but people do that for a lot of reasons.”

Turman told the Rules Committee that the incident was from “an extremely difficult time that is now being used against me as a political sideshow.”

Meanwhile, Campos notes that without a reform-minded mayor, there will be only so much any board-appointed police commissioners can do. “What we really need to implement police reform is a mayor who is willing to do that,” he said. “Otherwise it’s going to be very difficult because the mayor still gets to appoint four commissioners and mayor still gets to control who is in charge of the police department.”

 

WHAT DIRECTION?

Civil liberties advocates praised as a “first step in the right direction” Suhr’s May 18 decision to issue an order clarifying that SFPD officers assigned to the FBI’s joint terrorism taskforce should adhere to SFPD policies and procedures set by the Police Commission, not FBI guidelines.

But in the coming months, the commission will have to decide whether to push a Portland-style resolution around SFPD involvement with the FBI. The commission also will be dealing with fallout from the other scandals, including the crime lab, the use of force against mentally ill suspects, and videos that allegedly show police conducting warrantless search and seizure raids in single residential occupancy hotels.

These scandals have progressives arguing that it’s critical that the board’s three seats on the commission are occupied by applicants with proven track records of reform.

Waggoner notes that in 2003, voters approved Prop. H., which changed the composition of the commission from five to seven members. Four are appointed by the mayor; three by the board.

Last year, he said, the commission made significant progress in the right direction when it adopted new rules after the Jan. 2 shooting of a man in a wheelchair in SoMa. “That was not the first time an unarmed person with a disability was killed,” he said. “After Prop. H and a crisis, the commission finally took steps. It remains to be seen if Chief Suhr will implement that.”

Waggonner said the current arrangement “creates tension between people who are more willing to defer to the chief on policy issues and being in an advisory capacity, as opposed to people who want to be in the forefront of setting policy.”

That tension played out when Commissioners James Hammer, Angela Chan, and Petra DeJesus tried to find consensus on the Taser controversy last year. “Overall they worked well together. But there’s been no progress yet on Tasers,” he said, noting that the commission eventually decided on a pilot project.

Waggoner said he would be in favor of the commission having a more active role and exerting its authority under the city charter to set policy, but in collaboration with the chief.

The Police Commission’s May 18 joint hearing with the Human Rights Commission about FBI spying concerns was a symbol of the broader issue at the Police Commission. The majority of the commission didn’t see any major problems — but the progressives were highly critical. “Is the commission there to set policy and take leadership, or is it there in an advisory capacity?” Waggoner asked.

With Hammer’s departure, Chan and DeJesus, both board-appointed women of color, are the most progressive members of the commission. Chan hopes Hammer’s replacement believes in strong civilian oversight. “We should never be a rubber stamp for the police department,” he said. “We need to take community concerns very seriously. When the police department is doing great things, we should support them — but if we see something wrong, we should not be afraid to speak out.”

Turman told the Guardian that “being the voice for reform and advising are not mutually exclusive roles — and an effective police commissioner needs to be both.

“I would advocate for series of meetings with representatives from the Arab community, the SFPD, and the FBI to increase communication and understanding of each side’s perspective on exactly what we need to implement in San Francisco,” Turman said.

Asked more about Tasers, Turman said that “one of the things I would be interested in pursuing is a recognition by some that female officers are less likely to incapacitate during an arrest, which could lead to learning for the larger police force.”

But does this means Turman will turn out to be a swing vote for Tasers? Only time — and the board’s June 14 vote — will tell.

OPINION: The “people’s seat” on the Police Commission

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Editor’s note: School Board member Kim-Shree Maufas submitted this opinion piece on the upcoming Police Commission appointment.


On Friday, October 11, 2002, what began as an early morning school fight turned into a uniformed police officer-driven melee against students and teachers at Thurgoom Marshall High School. A total of 126 cops (some in SWAT/Riot gear) and sheriff’s deputites (tactical training was nearby) with firefighter and helicopter air support occupied the campus into the late afternoon.


That was so awful — but the real crime and shame for San Francisco was the subsequent behavior of the then Police Commission, which ignored hundreds of requests (delivered in writing and in person at commission meetings) for accountability, transparency, and reform to address ongoing police misconduct and bad practices so that San Francisco and its youth could actually feel safe and secure – not just from the criminals but from the city’s police force. 


I recall that one woman, who lived in Pacific Heights, asking the commission to “deal with what happened at that high school across town because we all want to know what happened.” 


After attending Police Commission meeting after Police Commission meeting with staff from the Ella Baker Center, Coleman Advocates for Youth and their Families and the ACLU of Northern California, the only response that I ever heard from that commission about the incident was: “We handle things in our own time.” 


These painful memories had me in tears as I walked home after attending the recent Board of Supervisor’s Rules Committee meeting on June 2, 2011, where I watched the recommendation for the board’s appointment to the commission go forward.


Back in October 2002, I was the Parent Teacher Student Association president at Marshall, my daughter was a student, and I suddenly thrust forward to a public podium over and over again to demand justice for our families … goodbye fundraising and bake sales.


My social justice journey to the Board of Education is closely tied to the 2003 Proposition H, the police reform measure that gave people a voice for reform and accountability by expanding the  Police Commission from five to seven, three to be selected by the Board of Supervisors and four by the mayor.  San Franciscans slapped the old Police Commission squarely in the face, screaming that the people MUST have a VOICE.


Because of what my family and countless others have been through and died for, I will forever consider the seats appoinnted by the board as “the People’s Seats for the People’s Voice,” meaning that those seats are for people who openly fight on behalf of disenfranchised community members, for people who stand as unashamed/outspoken advocates for common sense police policies and practices — and as seats for those who don’t get mayoral appointments because they’re a part of the in crowd.


On June 14, 2011, the entire Board of Supervisors will vote for the Police Commission appointment — and it doesn’t have to be the recommendation from the Rules Committee. The supervisors can take a different position – they can stand with the people on this one.


With all due serious respect to the other applicants, this opening on the Police Commission belongs to David Waggoner, who represents that “People’s Voice for the People’s Seat” — and I believe all those voters who reformed the commission in 2003 would say so too.


 

Treasure Island: So “special”

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Actually, there are a bunch of problems. The Chron says the developers want to make the place “special,” a community of its own:


Developers hope the project, which goes before the Board of Supervisors for approval today, will feel like an urban village in the middle of a bustling metropolitan area. They hope urban farms, plentiful public transit and shared community spaces will give residents of the island a sense of community not found in other developments. …


For Treasure Island to be successful, developers and city planning experts agree that the residents of the island must feel like part of a special, distinct neighborhood where people want to spend time, and not just another community of commuters to San Francisco.


But the numbers don’t add up.

The plans call for 19,000 people living on the island — and there won’t be anywhere near enough employment opportunities for even a fraction of that number. So most of the residents are going to work somewhere else. Which means that twice a day they’ll have to travel — to and from San Francisco or to and from the East Bay — and there’s just no easy way to get that many people off that island to those locations.

Ther Bay Bridge is already beyond capacity during the periods when most of these people are going to be commuting. Yes, you can add a bunch of Muni buses to carry a lot of people, but that’s going to cost a lot of money. So would increasing ferry service to the level that this project would require. And if the past 50 years of San Francisco development is any guide (and it ought to be), the developers won’t pay enough for the transportation and the city won’t have the money to do it right so it won’t happen.

And even if the project meets the developers’ dreams in 30 years, it’s going to be a long, messy slog along the way. 

How, for example, will people who live on the island get their kids to school? Given San Francisco’s school-choice system, and the fact that there won’t be elementary, middle and high schools on the island anyway, and the school district can’t pay for the bus routes it has now, much less for new buses going to Treasure Island, you’re going to have hundreds of parents going to schools all over the city — and there will be only one way to get there: In cars.

(I’m all for no-car travel, but let’s be serious: Who’s got the time to take a kindergartener on the ferry downtown and on one or maybe two bus connections to a school — then turn around and take another bus to work? It isn’t going to happen. And nobody’s sending elementary school kids on Muni to school alone.)

If the supermarket isn’t built before most people move in, then you’ve got the grocery problem: It’s hard to do a week’s shopping on Muni and then a ferry. And what happens when you forget the milk (or run out of beer on the weekend?) No way to walk to the store, so you get in the car.

To make it even worse, 80 percent of the people who live there will be rich (since that’s who can afford market-rate housing). They’ll all have cars (and the developer kindly is providing parking spaces for all of them).

I just don’t see how it’s going to work. 

Waggoner for Police Commission

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By Harry Britt, Matt Gonzalez, and Aaron Peskin

OPINION Given the escalating scandals in the San Francisco Police Department, the time is ripe to appoint a police commissioner who understands the recurring problems and the need for reform.

The supervisors have the opportunity to appoint such a commissioner: David Waggoner. Waggoner’s extensive background in policy reform, community policing, and criminal justice issues will be a valuable asset to the commission.

Waggoner has worked as a pro bono attorney before the Oakland Civilian Police Review Board and has earned the respect and admiration of people from highly diverse political and social backgrounds. His integrity and sense of justice and fairness inspire trust and confidence — and frankly, we could use a lot more of that in this city.

Credibility with historically marginalized communities — including people of color, new immigrants, the homeless, people with disabilities and the LGBT community — is essential in developing the kind of mutual respect that makes the department’s work effective or even possible. David Waggoner has that credibility.

In 2003, in response to years of strained relations between the SFPD and the community, the voters approved Proposition H. Prop. H gave the Police Commission more authority to adjudicate cases of officer misconduct and changed the makeup of the commission by giving the board three appointments to balance the mayor’s four.

Despite these significant steps toward reform, eight years later we have a Police Department that is under investigation by the Justice Department and the FBI and struggling to overcome serious credibility and morale problems.

Case in point: in the last year alone, the department’s credibility was undermined by a major crime lab scandal, the disclosure of Fourth Amendment violations in SRO hotels, use of excessive force on the mentally ill, and widespread withholding of evidence of officer misconduct from attorneys. These scandals resulted in the dismissal of hundreds of cases.

A number of outstanding policy issues remain in need of serious attention. In 2005, the Civil Grand Jury published a report on compensation in the Police Department, finding that officers receive greater salary increases than other city employees while San Francisco is in a state of fiscal stress. In 2007, the grand jury recommended filling significant numbers of desk jobs with civilians. When the department finally rolled out a pilot program this year, it called for only 15 civilians.

The San Francisco Police Department needs to improve its training of officers, including fostering a respect for the civil liberties that San Franciscans cherish. This should be basic to all police work. However, last year San Francisco paid $11.5 million in lawsuits because of police misconduct.

San Francisco needs police commissioners who understand the challenges of police work but who also are willing to explore the nature of endemic problems that have led to embarrassing scandals. We need commissioners who have a broader understanding of criminal justice policy and how it can be changed to promote public safety.

We join with the San Francisco La Raza Lawyers Association, Community United Against Violence, the Harvey Milk LGBT Democratic Club, and a host of other elected officials, community activists, attorneys, and local leaders in wholeheartedly supporting the appointment of David Waggoner to the San Francisco Police Commission. It’s about time. 

 

Harry Britt is a former president of the Board of Supervisors and the author of the landmark 1982 legislation that created the Office of Citizen Complaints. Matt Gonzalez is chief attorney in the Public Defender’s Office, a former president of the Board of Supervisors, and a co-sponsor of Prop. H. Aaron Peskin is chair of the San Francisco Democratic Party, a former president of the Board of Supervisors, and a co-sponsor of Prop H.