Board of Supervisors

Deal time

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sarah@sfbg.com

Lennar Corp.’s massive redevelopment plan for Candlestick Point-Hunters Point cleared a critical hurdle July 14 when the Board of Supervisors voted 8-3 to affirm the Planning Commission’s certification of the project’s final environmental impact report, with Sups. John Avalos, Chris Daly, and Eric Mar opposed

Board President David Chiu called the vote "a milestone." Termed-out Sup. Sophie Maxwell, whose District 10 includes Candlestick Point and the former Hunters Point Naval Shipyard, saw the vote as evidence that city leaders support the ambitious plan. Yet many political observers saw the vote as proof that Lennar and its Labor Council allies have succeeded in lobbying supervisors not to support opponents of the project.

"I’m concentrating on pushing this over the finish line," Maxwell said at the hearing in the wake of the vote, which came in the wee hours of July 14 after a 10-hour hearing. Supervisors can still amend Lennar’s development plan during a July 27 hearing and project opponents are hoping for significant changes.

Mar said he wants to focus on guaranteeing that the city has the authority to hold Lennar responsible for its promises. "I want to make sure that we have the strongest enforcement we can," he said.

Lennar’s plan continues to face stiff opposition from the Sierra Club, the Golden Gate Audubon Society, the California Native Plant Society, San Francisco Tomorrow, POWER (People Organized To Win Employment Rights) and CARE (Californians for Renewable Energy).

Representatives for these groups, whose appeals of the EIR certification were denied by the board, say they are now weighing their options. Those include taking legal action within 30 days of the board’s second reading of and final action on the developer’s final redevelopment plan, which will be Aug. 3 at the earliest.

Supervisors are expected to introduce a slew of amendments July 27, when they consider the details of the proposal and its impacts on the economically depressed and environmentally polluted.

Michael Cohen, Mayor Gavin Newsom’s top economic advisor, admitted July 19 that all these various demands will likely delay project construction. "But 702 acres of waterfront land in San Francisco is an irreplaceable asset," Cohen reportedly told the San Francisco Chronicle. "It’s not a question of if — but when — it gets developed."

Chiu already has introduced five amendments to the plan in an effort to alleviate concerns about shipyard toxins, Lennar’s limited financial liability, a proposed bridge over Yosemite Slough, and the possibility that local residents will need more access to healthcare and training if they are to truly benefit from the development plan.

Sup. Ross Mirkarimi told the Guardian that he expects the board will require liquidated damages to ensure the city has some redress if the developer fails to deliver on a historic community benefits agreement that labor groups signed when Lennar was trying to shore up community support for Proposition G, the conceptual project plan voters approved in June 2008.

Mirkarimi said the board would also seek to increase workforce development benefits. "Thirty percent of the target workforce population are ex offenders. So while they might get training, currently they won’t get jobs other than construction," Mirkarimi observed.

He supports the health care access amendment and the public power amendment Chiu introduced July 21, pointing to Mirkarimi’s previous ordinance laying the groundwork for public power in the area. "This ordinance established that where feasible, the City shall be the electricity provider for new City developments, including military bases and development projects," Mirkarimi said. "PG&E was ripped when we pushed that through."

But Sierra Club activist Arthur Feinstein isn’t sure if additional amendments will help, given intense lobbying by city officials and a developer intent on winning project approvals this summer before a new board and mayor are elected this fall.

"Chiu’s amendments gave us what we asked for over Parcel E-2" Feinstein said, referring to a severely contaminated section of the shipyard for which Chiu wants an amendment calling for a board hearing on whether it’s clean enough to be accepted by the city and developed on.

But Feinstein is less than happy with Chiu’s Yosemite Slough amendment, which would limit a proposed bridge over it to a width of 41 feet and only allow bike, pedestrian, and transit use unless the 49ers elect to build a new stadium on the shipyard. In that case, the project would include a wider bridge to accommodate game-day traffic.

"The average lane size is 14 feet, so that’s a three-lane bridge. So it’s still pretty big. And it would end up filling almost an acre of the bay," Feinstein said.

Feinstein thanked Mirkarimi and Campos for asking questions that showed that the argument for the bridge has not been made. "But it’s disappointing that a progressive Board would be willing to fill the Bay for no reason," Feinstein said.

He concurred with the testimony of Louisiana-based environmental scientist Wilma Subra and environmental and human rights activist Monique Harden, who challenged the wisdom of the Navy digging out toxins while the developer installs infrastructure at the same site.

Subra said contamination is often found at Superfund sites after they have been declared clean when contractors to later dig into capped sites and expose workers and the community to contamination. Harden said the plan to begin construction on some shipyard parcels while the Navy removes radiological-contamination from shipyard sewers is "like a person jumping up and down on a bed that another person is trying to make."

But Cohen, who has aggressively pushed the project on Newsom’s behalf, countered that there is no scientific evidence to support such concerns. "It’s a very common situation," Cohen said. "It’s the basis for shipyard artists and the police being on the site for many years … It’s safe based on an extraordinary amount of data."

But Feinstein pointed to his experience working for the Golden Gate Audubon Society at the former Alameda Naval Station. He recalls how a remediation study was completed, but then an oil spill occurred at the site, which had been designated as a wildlife refuge.

"The military didn’t know about everything that happened and was stored on site, and it’s easy to miss a hot spot," he said. "And who’ll be monitoring when all these homes are built with deeds that restrict the renters and owners from digging in their backyards?"

Feinstein said he’s concerned that only Campos seemed to be asking questions and making specific requests for information around the proposed project’s financing

"Lennar is paying city staff and consultants and promising labor huge numbers of jobs. When you are throwing that much money around, it’s hard for people to resist — and the city has been co-opted," Feinstein said. "And how much analysis and resistance can you expect from city commissions when the Mayor’s Office is the driving force behind the project? So we don’t have a stringent review. The weakness of the strategy of ignoring our bridge concerns is that when we sue, we may raise a whole bunch of issues."

Arc Ecology director Saul Bloom says Chiu’s bridge proposal "screwed up the dialogue. We were close to a deal," Bloom claims. "But while that amendment allowed one board member to showboat, it prevented the problem from being solved."

Bloom is concerned that under the financing deal, the project won’t make any money for at least 15 years and will be vulnerable to penalties and bumps in the market — an equation that could lead the developer to build only market rate housing at the site.

"It’s a problematic analysis at best," he said.

"The bigger the development, the more it benefits people who have the capacity to address it — and that’s not the community," Bloom said. "So there’ll be more discussion of the bridge, and that’s where the horse-trading is going to be."

He also said the bridge has now taken on a symbolic value. "The thing about the bridge is that it’s not actually about the bridge any more," Bloom added. "It’s about Lennar telling people, ‘You will support us.’ If they get the bridge, it will give them free rein, an unencumbered capacity to do as they see fit. They are willing to make deals, but they have to have the bridge because it defeats the people who have been the most credible and visible — and then they have no opposition."

Small biz should support Chiu tax plan

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EDITORIAL It’s rare to see a fairly conservative city agency, created in part to make it harder for progressives to push measures that might affect business, come down in favor of a new business tax. But the San Francisco Office of Economic Analysis has concluded that the proposal by Board of Supervisors President David Chiu to change the local payroll tax and impose a new tax on commercial rents would actually help local businesses, particularly small businesses. The proposal presents a crucial opportunity for progressives to make the case that the Chamber of Commerce and big downtown corporations are not advancing the interests of small businesses — and local merchant groups need to pay attention.

Chiu has taken on a problem that has lingered in San Francisco for decades. The city’s business tax is terribly regressive: Only 10 percent of the companies in town even pay the payroll tax, in part because banks, insurance companies, and financial services firms are exempt under state law. That means the burden falls the heaviest on small and medium-sized companies — the ones that provide most of the net job growth in the city.

The new proposal would make the flat payroll tax more progressive and would exempt more small businesses. It would also raise $28 million more a year for the cash-strapped municipal coffers by taxing commercial rents of more than $60,000 a year.

The commercial rent levy would force the big outfits that now pay no city taxes whatsoever to take on at least some of the burden of financing San Francisco government. Smaller companies with modest leases, and small commercial landlords, wouldn’t pay the new tax at all.

Chiu originally had proposed an even broader tax, which would have raised more than $35 million. But after the Small Business Commission expressed concerns, he changed the measure, reducing the burden on small business even further. And at this point, Ted Egan, the city’s chief economist at the Office of Economic Analysis, reports that the tax would lead to greater job creation in the private sector (because of the reduction in the payroll tax) as well as greater job creation in the public sector (because of the additional revenue to the city).

It’s the kind of idea that ought to have broad-based support — progressives looking to fund crucial services see it as a way to bring in money, and small businesses ought to see it as a way to cut taxes and create jobs in the sector of the city that most needs economic stimulus.

Unfortunately, the response from small business leaders hasn’t been encouraging. The commission hasn’t taken a stand on the measure; on July 12th, the panel deadlocked 2-2, with one member absent and two slots still vacant (the mayor hasn’t filled them). That lets the big downtown players — the Chamber, the Building Owners and Managers Association, the Committee on JOBS, etc. — in a position to claim that the Chiu proposal is anti-business.

We’ve seen this pattern far to often. Small business groups allow big corporations, which have no interest in the real issues that impact local merchants, stick the little folks out front on political issues. We’ve seen it over the years with public power, commercial rent control, downtown development, and taxes — and it needs to stop.

The Small Business Commission, the Council of District Merchants, all the local community merchant groups, and anyone else who really cares about the interests of small business in San Francisco should support the Chiu measure. It’s a tax plan that’s good for small business. And if the advocates don’t realize that, they’re hurting themselves, the customers, and the city.

Small biz should support Chiu tax plan

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A new proposal to make the flat payroll tax more progressive and exempt more small businesses

EDITORIAL It’s rare to see a fairly conservative city agency, created in part to make it harder for progressives to push measures that might affect business, come down in favor of a new business tax. But the San Francisco Office of Economic Analysis has concluded that the proposal by Board of Supervisors President David Chiu to change the local payroll tax and impose a new tax on commercial rents would actually help local businesses, particularly small businesses. The proposal presents a crucial opportunity for progressives to make the case that the Chamber of Commerce and big downtown corporations are not advancing the interests of small businesses — and local merchant groups need to pay attention.

Chiu has taken on a problem that has lingered in San Francisco for decades. The city’s business tax is terribly regressive: Only 10 percent of the companies in town even pay the payroll tax, in part because banks, insurance companies, and financial services firms are exempt under state law. That means the burden falls the heaviest on small and medium-sized companies — the ones that provide most of the net job growth in the city.

The new proposal would make the flat payroll tax more progressive and would exempt more small businesses. It would also raise $28 million more a year for the cash-strapped municipal coffers by taxing commercial rents of more than $60,000 a year.

The commercial rent levy would force the big outfits that now pay no city taxes whatsoever to take on at least some of the burden of financing San Francisco government. Smaller companies with modest leases, and small commercial landlords, wouldn’t pay the new tax at all.

Chiu originally had proposed an even broader tax, which would have raised more than $35 million. But after the Small Business Commission expressed concerns, he changed the measure, reducing the burden on small business even further. And at this point, Ted Egan, the city’s chief economist at the Office of Economic Analysis, reports that the tax would lead to greater job creation in the private sector (because of the reduction in the payroll tax) as well as greater job creation in the public sector (because of the additional revenue to the city).

It’s the kind of idea that ought to have broad-based support — progressives looking to fund crucial services see it as a way to bring in money, and small businesses ought to see it as a way to cut taxes and create jobs in the sector of the city that most needs economic stimulus.

Unfortunately, the response from small business leaders hasn’t been encouraging. The commission hasn’t taken a stand on the measure; on July 12th, the panel deadlocked 2-2, with one member absent and two slots still vacant (the mayor hasn’t filled them). That lets the big downtown players — the Chamber, the Building Owners and Managers Association, the Committee on JOBS, etc. — in a position to claim that the Chiu proposal is anti-business.

We’ve seen this pattern far too often. Small business groups allow big corporations, which have no interest in the real issues that impact local merchants, stick the little folks out front on political issues. We’ve seen it over the years with public power, commercial rent control, downtown development, and taxes — and it needs to stop.

The Small Business Commission, the Council of District Merchants, all the local community merchant groups, and anyone else who really cares about the interests of small business in San Francisco should support the Chiu measure. It’s a tax plan that’s good for small business. And if the advocates don’t realize that, they’re hurting themselves, the customers, and the city.

Newsom’s one bright spot (and even it’s a bit dingy)

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Covering Mayor Gavin Newsom’s devious exploits for this story last week, watching as the ever-ambitious Newsom sacrificed the city’s fiscal future on the altar of political expediency and his increasingly rigid anti-tax ideology, it seemed as if there was nothing remotely redeeming about this callow, self-serving man. But then he does this, appointing Cheryl Brinkman – a strong and respected advocate for promoting alternatives to the automobile – to the Municipal Transportation Agency Board of Directors.

I’m not saying this one act redeems Newsom, not even close. In fact, some have speculated that he’s trying to coopt a qualified progressive or burnish his green credentials, an echo of the responses to when he appointed San Francisco Bicycle Coalition director Leah Shahum to the MTA board a couple years ago, a tenure Newsom ended prematurely after they clashed over creating more car-free spaces. Or maybe he’s trying to head off support for a ballot measure being considered by the Board of Supervisors to split appointments to the MTA. Who knows with this guy?

Yet it’s also true that being open to democratizing the streets of San Francisco has been a bright spot in Newsom’s otherwise dismal record as mayor. And I think that’s because the cost of admission to this movement is so low. He’s embraced temporary car-free spaces, supported more bicycling, and moved forward other green initiatives – all of which have little to no cost involved and no real political downside. So it’s been easy for Newsom to strike green poses when he chooses, just as it was easy for him to make the supposedly “courageous” decision to legalize same-sex marriage, which involved no heavy lifting and greatly improved Newsom’s political prospects.

But we’re reaching a moment of truth for San Francisco, a point at which the easy answers are evaporating and the bill is coming due – just as Newsom prepares to leave San Francisco for Sacramento. After doubling Muni fares since he became mayor and reaching a level where they really can’t go up anymore without diminishing returns and serious political consequences, Newsom and his appointees have run out of easy options for maintaining Muni in an era of declining state and federal support.

Now, the choices aren’t as easy: charge motorists more for parking, permits, or driving in the most congested times or places; cut Muni service or raise rates more; find ever more ways to nickle-and-dime everyone with various fee increases; or find more general tax revenue, which Newsom has been steadfastly unwilling to do, even though the big banks and financial services companies that caused the Great Recession are exempt from city business taxes.

Brinkman, who tells us that the Mayor’s Office placed no conditions on the appointment, now has a tough job, as do all of this city’s elected and appointed officials. But this is the moment when they must have the courage to make the tough choices about what’s best for San Francisco, choices that Newsom has been unwilling to make.

Bad faith

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steve@sfbg.com

Mayor Gavin Newsom and his business allies are actively trying to sabotage the various revenue measures that have been put forth by the labor movement and progressive members of the Board of Supervisors, employing deceptive rhetoric, sneaky tactics, and a refusal to bargain in good faith.

In fact, Newsom — the Democratic nominee for lieutenant governor — is so averse to supporting anything that could be called a “tax” that he rejected a hard-won compromise measure created by powerful developers, affordable housing advocates, a pro-business think tank, the building trades, and his own directors of housing and economic development.

Just as that story was breaking in the New York Times (produced by Bay Citizen) on July 9, members of the Board of Supervisors Budget and Finance Committee discovered that Newsom’s proposed ballot measure to close loopholes in the city’s hotel tax that favored airline employees and online travel companies — a widely supported change, but one worth just $6 million per year — contains language that would nullify any increases in the hotel tax. Earlier in the week, labor unions turned in signatures on an initiative to increase the hotel tax by 2 percent, which would bring in more than $30 million per year.

“This poison pill is an intentionally deceptive, underhanded move,” Gabriel Haaland, an organizer with Service Employees International Union Local 1021, which sponsored the hotel tax, told us. “It’s so frustrating. It’s not even a good faith fight. He’s trying to create confusion and fool the voters. If our measure passes fair and square, it should be implemented.”

Meanwhile, Newsom and business groups have been attacking a reform measure by Board President David Chiu that would make the currently flat payroll tax more progressive, exempt more small businesses from paying it, and create a commercial rent tax to spread the tax burden more widely than the 10 percent of businesses who now pay tax to the city.

Critics complained that the measure would hurt local businesses — but that’s just not true. The city’s Office of Economic Analysis concluded that Chiu’s original proposal would have no effect on private sector jobs and would generate $34 million annually for the city, preserving some government jobs and spending.

Then Chiu amended the measure to spare even more small businesses. Now the OEA says that the measure would actually create private sector jobs — and still bring $28 million in to the city. Yet Newsom and the business community are still withholding their support.

This trio of Machiavellian moves comes just a week after Newsom pulled out of budget negotiations with board progressives concerning about $40 million in board add-backs to programs that Newsom proposed to cut after they wouldn’t agree to his precondition that they withdraw unrelated measures proposed for the November ballot, such as splitting appointments to the Rent, Recreation and Park, and Municipal Transportation Agency boards and requiring police officers to do foot patrols.

The series of events has led many progressives to say that conservative ideological blinders — a knee-jerk opposition to anything that saves government jobs and services or that Republicans might criticize — is the only logical explanation for the intransigent stance adopted downtown and by Newsom.

“It’s ideological. It’s not economic, and it’s not even political,” said Calvin Welch, the affordable housing activist who helped negotiate the transfer tax compromise with developer Oz Erickson, San Francisco Planning Urban Research Association director Gabriel Metcalf, Mayor’s Office of Housing Director Doug Shoemaker, and others.

That measure would have created a transfer tax on sales of properties over $875,000 and generated approximately $50 million annually for affordable housing (funds that were drastically reduced in Newsom’s proposed 2010-11 budget) while cutting in half the current requirements and fees on market-rate developers to create below-market-rate units. The plan would have stimulated both types of housing and created desperately needed construction work — an approach those involved called an elegant solution to several problems.

“To me, this was a win-win, solving two problems that are each a big deal,” Metcalf told us. “I don’t know what his reasons were for not supporting it. I was surprised.”

But Welch said, “It collapsed straight up because the mayor didn’t want to support a tax.” Although Newsom told the Times it was because there wasn’t broad enough consensus yet, “the mayor’s reason is whole-cloth bullshit,” Welch said, noting the role of the Mayor’s Office in brokering the deal. “The mayor walks away from it because everyone wasn’t in the room? Well, it’s your room, motherfucker. Show some leadership.”

Newsom Press Secretary Tony Winnicker refused to discuss these issues by phone, responding to our written inquires by noting that Newsom opposes taxes and thinks the best way to address budget deficits are privatizing city services and pension reform (although he opposes Public Defender Jeff Adachi’s initiative, the only pension reform measure on the fall ballot).

“The mayor is opposed to the Board of Supervisors’ proposals to increase taxes because they’re not needed to balance the budget and they will strangle our still young economic recovery,” Winnicker wrote, refusing to answer follow-up questions or support a statement about Chiu’s measure that the OEA concludes is not accurate.

Like many political observers of all stripes, those from downtown and progressive circles, Welch criticized Newsom for his lack of engagement with city business and its long-term fiscal outlook, contrasting him with former Mayor Willie Brown, who met regularly with former Board of Supervisors President Tom Ammiano even as the two ran a bitter campaign for mayor against one another in 1999. “They dealt with the city’s business like two adults who cared about the city,” he said.

Welch acknowledged that there was still work to be done building political support for the transfer tax measure. He and other progressives would have had to win over city employee unions who wouldn’t like the budget set-aside aspect, and Erickson and Metcalf would need to placate some of their downtown allies who oppose taxes on ideological grounds. But given how downtown groups are behaving right now, that might not have been an easy sell.

“There are members of the small business community that are averse to any taxes,” said Regina Dick-Endrizzi, director of the city’s Office of Small Business and staffer to the Small Business Commission, which was withholding a recommendation on the Chiu measure but planned to meet again to consider it July 12 (look for an update on the sfbg.com Politics blog). She said the small business community is having tough times and “they are just not sensitive to keeping city workers employed.”

Larger commercial interests are being even more forceful in opposing the revenue measures. While a parade of workers, social service providers, and progressive activists testifying at the July 9 Budget Committee hearing implored supervisors to place all the proposed revenue measures on the ballot, representatives from the Building Owners and Managers Association (BOMA) and San Francisco Chamber of Commerce were the only two speakers urging supervisors to drop the measures and focus instead on creating private sector jobs.

“You’re trying to create a little revenue here and it’s not going to work,” said Ken Cleaveland, director of BOMA SF, arguing that big banks and financial services companies — entities exempt from the payroll tax that Chiu is hoping to target with the commercial rent tax — will buy their buildings to avoid paying the tax. “They aren’t going to create more jobs and they really aren’t going to create more revenue.”

Yet Chiu noted that it was the business community and fiscal conservatives who pushed to create the Office of Economic Analysis, whose work they have regularly used to attack progressive legislation. Now that the office has concluded that a piece of progressive legislation is good for the local economy, Chiu told Cleaveland and the Chamber spokesperson Rob Black at the hearing, “I ask you to respect the work this office has done.”

Black said the Chamber board will consider Chiu’s amended legislation, but said businesses are in no mood to help the city. “How many times have you gone to your neighborhood merchant and had them say, ‘Gee, my rent’s too cheap’?<0x2009>” he said during his testimony.

Yet Chiu said landlords of small tenants (those paying less than $65,000 in rent per year) are exempt from the rent tax and only 26 percent of SF businesses would pay any city business tax under his plan. “I hope the mayor will support this proposal and the business community will give it a good look,” Chiu said as the hearing ended.

At the beginning of the hearing, Chiu framed the dire situation facing San Francisco, citing Controller’s Office figures showing this year’s $500 million budget deficit (out of a $6 billion total budget) will be followed by a $700 million deficit next year and a $800 million gap the following budget cycle as a result of a deep structural budget imbalance.

“We have budget deficits as far as the eye can see,” Chiu said at the hearing. “We have to consider measures that will provide more stable sources of revenue.”

He also noted that city employee unions have agreed to give back about $250 million in salary and had their ranks reduced by about 2,000 workers in the last two years. So he and the other progressive supervisors say it’s time for the rest of San Francisco to help address the problem.

“We, as a city, should not be trying to balance this budget simply through cutting,” Sup. David Campos said.

Sup. John Avalos, the committee chair, amended his transfer tax measure in the wake of Newsom’s rejection of the deal by making it a simple 2 percent tax on properties that sell for more than $5 million, and 2.5 percent tax on properties over $10 million. He estimates it will bring in about $25 million per year from the city’s wealthiest corporations and landlords.

“That’s who we’re socking it to,” Avalos told us, saying he was disappointed the compromise fell through. “The amendment is going to be more progressive than what was originally planned.”

Even Sup. Sean Elsbernd, a strong fiscal conservative who announced early in the hearing, “You want to do that [balance future budgets] by adding taxes, but I want to do it through ongoing service cuts,” later told the Guardian that he was intrigued by the amendments Avalos and Chiu made to their measures and has not yet taken a position on them.

Sup. Ross Mirkarimi is also sponsoring a measure to increase the city’s tax on parking lot operators from 25 percent to 35 percent, the first change to that tax in 30 years, and will include valet parking for the first time. The measure would bring in up to $24 million per year, and OEA analysis shows it would decrease the number of cars trips by 1.3 percent, another benefit.

SFMTA supports the measure, with board member Cameron Beach testifying that the money will be used to subsidize Muni and “it links the use of private automobiles and is consistent with the city’s transit-first policy.” Mirkarimi, who chairs the Transportation Authority, also has proposed a $10 local vehicle license fee surcharge that would bring in another $5 million per year for Muni.

All the revenue measures require six votes by the full Board of Supervisors, which is scheduled to consider them July 20, after which they would need a simple majority approval by voters in November to take effect.

The mayor has the authority to directly place measures on the ballot, so the committee hearing on his hotel tax loophole measure and a $39 million general obligation bond that he’s proposing to create a revolving loan fund for private sector seismic improvements were mere formalities, so supervisors criticized aspects of each but were unable to make changes.

Avalos even grudgingly acknowledged the hotel tax poison pill was an effective way to kill that revenue source, saying at the hearing, “This is very smart. I don’t agree with it, but it’s very smart.”

Haaland was less charitable, criticizing a provision designed to confuse voters. “This kind of move means both measures won’t pass because now we have to oppose [Newsom’s measure],” he said, criticizing the mayor for running away from the hard decisions facing the city. “He won’t be around next year, when we have an even bigger structural budget deficit, to clean up this mess. Absent new revenue sources, this city starts to fall apart.”

Buyer beware of Candlestick-Shipyard project

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Board President David Chiu has introduced five amendments to the city’s Candlestick Point-Hunters Point Shipyard redevelopment proposal. All five are a good start, but longtime observers question if they are too little, too late, in the face of intense lobbying by a city and a developer intent on getting project approvals before a new Board and possibly a new mayor occupy City Hall in January 2011.

Chiu’s amendments address key concerns with the city’s proposed redevelopment plan, and they come as the Board prepares for its July 13 hearing into three separate appeals of the project’s final EIR certification, as well as amendments to the Bayview Hunters Point and Shipyard redevelopment plans.

Two of Chiu’s amendments seek to address concerns about the clean-up of radiologically impacted waste at Parcel E-2 on the shipyard, and environmental impacts of a proposed bridge over Yosemite Slough.

Chiu’s other three amendments seek to finance the expansion of the Southeast Health Center, create a workforce development fund and analyze the feasibility of providing public power, including natural gas at the site.

But while all five amendments are welcome, some observers worry they do not fully address concerns about the project’s sustainability, financing and infrastructure.  But before we get to those concerns, let’s review Chiu’s five amendments in greater detail:

1. The Parcel E-2 amendment.
This amendment declares that the Board’s adoption of CEQA findings for the project “shall not in any way imply support of a cap for Parcel E-2.” 

As such, this amendment is a critical step towards insisting that the parcel get completely cleaned up, not just capped, as the Navy is currently proposing. On the other hand, it’s not a watertight demand to excavate and haul away all contamination from this parcel, which is the cleanup alternative that many in the community would prefer..

Instead, Chiu’s Parcel E-2 amendment declares that the U.S. EPA, California EPA and the Navy, “should pursue the highest practicable level of cleanup for Parcel E-2.”
And that the San Francisco Redevelopment Agency “should not accept the property unless and until that cleanup is satisfied.”

It also establishes that the Board shall conduct a hearing regarding final cleanup strategies for Parcel E-2 before a final remedy is selected, urges the U.S. EPA, California EPA and the Navy to participate in such a hearing, and further establishes that the Board shall conduct a separate hearing prior to any transfer of Parcel E-2 to Redevelopment.”

(There was some question as to why the Board was saying “should” in some parts of this amendment, and “shall” in others. The reason I heard was, you can’t force the Navy to do anything, but you can urge them, and you certainly can refuse to accept the property, if it is not cleaned up a city’s requirements.But this needs to be clarified.)

2. The Yosemite Slough Bridge amendment
Chiu notes that the city’s EIR for the project analyzed a non-49ers-stadium alternative that “includes an approximately 41 ft. wide bridge spanning the Yosemite Slough which is limited to bike, pedestrian and transit use.”
“However, in the event the San Francisco 49ers elect to build a new stadium on the shipyard site, the project will include a bridge spanning Yosemite Slough that is wider than 41 ft. across to accommodate game-day traffic,” Chiu’s amendment states.
(So, Chiu’s amendment doesn’t throw the bridge entirely out with the 49ers’ stadium, and that leaves environmental groups uneasy, afraid that the anticipated 25,000 new residents in the proposed development will subsequently push for legislation to allow for a wider, car-accessible bridge.)

3. The Southeast Health Center amendment
Chiu’s Southeast Health Center amendment demands that the developer contribute $250,000 to the Redevelopment Agency for a needs assessment study regarding the need to expand the center and the ongoing health needs of local residents, and, to the extent such expansion is needed, to help pay for predevelopment expenses associated with this expansion.
The capital costs for expanding the center would be funded through a combination of  tax increment dollars, a $2 million Wellness Contribution paid by the developer, and the City’s ability to finance savings that would accrue to the Department of Public Health by moving from leased space into owned space at the expanded center.

4. The Workforce Development Fund amendment
Chiu’s amendment would modify language in the current community benefits agreement to require the developer to contribute $8,925,000 to a workforce development fund to be used for programs “designed to create a gateway to career development, fiirst for residents of District 10 and secondly for “at-risk job applicants.”
(A member of the public suggested that veterans be specified as “at-risk job applicants,” an idea D. 10 Sup. Sophie Maxwell seemed to support during yesterday’s July 12 Land Use Committee hearing, which was where Chiu introduced his five proposed amendments.)

 5. The Public Power amendment 
Chiu’s public power amendment notes that the SFPUC confirmed the feasibility of providing electric service to the shipyard sire, but requires the agency to update this study and include the Candlestick site and include “an analysis of the feasibility of providing natural gas to the project site.”

But will these steps be enough to ensure that the development actually delivers on its promises of thousands of jobs, and hundreds of affordable housing units,? And is a bridge really necessary across Yosemite Slough, if the 49ers go to Santa Clara as planned?

Long-term observers of the project point to the first phase of the project, which began on the shipyard’s Parcel A, as a warning of where things might end up.

“We approved the fast-tracking of Parcel A based on a bevy of assurances and enthusiastic endorsements from the best and brightest this administration has to offer,” said a source who wishes to remain anonymous. “But what has happened since then, and what are we to learn from this experimental test case?”

This source noted that recent maps of the shipyard show that Parcel A, which the Navy conveyed to the city in 2004, has since been carved up into several new pieces.

“How did Parcel A get divided into two areas that don’t even border one another?” my source asked.

The answer appears to be that sections of the shipyard, including Parcel A,  have since been renamed as new and separate parcels, after it was discovered that shipyard sewers on those parcels contained radiologically contaminated material.

One of these sewer lines, as indicated on recent project maps, leads from a site now known as Parcel UC-3, into the Bayview. In other words, it appears to lead off the shipyard site and into the surrounding community. If so, this raises concerns that shipyard contamination is no longer limited to the shipyard in the Bayview, and could be impacting residents and businesses that are not covered by the Navy’s clean-up commitments.

Either way, it seems that the Board could use an update on what happened on Parcel A, since it was conveyed, what’s the deal with UC-3, and other recently renamed parcels, before they consider an early transfer of the rest of the shipyard.

“How can we start Phase 2 of the project, when we haven’t completed Phase 1?” my source asked.

And since the Navy is still tasked with cleaning up the rest of the shipyard parcels, it would be helpful if the Navy updated the Board on what the Navy is proposing in its Records of Decisions for each of these parcels, including UC-3, before the Board votes on Phase 2 of the project.

My source also noted that since the project plans to use 100 percent recycled water at the site, it would be helpful to have an update as to how issues with sewer contamination and groundwater concerns might impact the project’s sustainability plans.

“These issues touch on half of the documents that make up the EIR, but are now obsolete, because of the issue of radioactive contamination on UC-3,” my source claimed.

And then there’s the question of fproject financing and who the developer for the project actually is, these days.

“The city’s exclusive negotiating agreement (ENA) was with Lennar, so who is CP Development and why do we have an ENA with them?” my source asked.”What happened to Lennar? And why would we be obligated to negotiate solely with this CP Development group?”

Now, hopefully the Board has greatly reassuring answers to all these questions, so that the community can rest assured that the supervisors really do understand the ramifications of a project that they are being asked to approve in what appears to be an awful hurry.

Yes, there are plenty of project supporters who keep on urging “no delays.” I understand their concerns. They want jobs, housing, parks and other promised community benefits. And I don’t blame them.

But it’s up to the Board to ensure that it doesn’t get rushed into approving a project that perhaps doesn’t guarantee any or all of these things. So, let’s keep asking questions so the Board of Supervisors doesn’t end up with buyer’s remorse, but instead can truly claim to having secured a deal that really helps all the folks who currently live and work in the city’s southeast sector. Stay tuned.

 

 

T

 

 

SF business community just opposes government

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Mayor Gavin Newsom and his business community allies often accuse progressive members of the Board of Supervisors of being too “ideological” in their proposals, particularly when they involve revenue or regulations. But a looming battle over reforming the city’s business tax – one of three new revenues set for a special Budget & Finance Committee meeting tomorrow (7/9) at 11:30 am – shows that an ideological aversion to taxes of any kind drive Newsom and the business community more than their stated concern for “jobs” and the “economy.”

Board of Supervisors President David Chiu crafted his measure – which creates a progressive structure for the currently flat payroll taxes and uses small commercial rent tax to spread the tax burden among more businesses (only 10 percent of which now pay the payroll tax) — specifically to decrease the business tax burden on small businesses and protect private sector jobs while also bringing in about $35 million more into the city, which will save some city jobs and thus help the local economy.

City Economist Ted Egan and the Office of Economic Analysis confirmed that Chiu’s carefully crafted measure does just that, noting that it was based on recommendations made last month in a report by his office and two private accounting firms that was jointly commissioned by both Chiu and Newsom.

“The proposed legislation modifies the Progressive Payroll option in the Controller’s report, to achieve greater revenue growth while minimizing private sector job growth,” concludes Egan’s analysis. And that’s the idea of this legislation, to save some city jobs and services without hurting the private sector. Egan found this tax reform would on balance have no impact on private sector jobs.

But the Small Business Commission, driven by anti-government zealots in their community, wants even greater concessions and to minimize government revenues, demands that Chiu is now considering giving in to, with sources close to the negotiations saying they will amend the plan to exempt more small businesses and lower the revenue projection to more like $28 million.

“There are members of the small business community that are averse to any taxes,” Regina Dick-Endrizzi, director of the city’s Office of Small Business (which staffs the commission), told us.

She said the commission isn’t opposing or supporting the measure, and while she said the business community isn’t ideologically opposed to government, she did admit that “they are just not sensitive to keeping city workers employed.”

And that’s a terribly selfish and self-defeating attitude that hurts the local economy and the services we all depend on. The problem is the small business community — which is supported by the Bay Guardian and beloved by all as a key job creator — is being used by conservative ideologues and large corporations and lured into joining their anti-government crusade. This has to change, and this legislation is a good opportunity to talk about the real ideological barriers that are hindering common sense solutions to this city’s problems.

Truce talks

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All parties are hopeful for peace in the Guardian-labeled War on Fun after oppressive raids on SoMa clubs have stopped and the feuding sides — mainly the San Francisco Police Department and nightclub owners — are sitting down to truce talks brokered in part by the fledgling California Music and Culture Association (CMAC).

“I’m here to work with you,” Kitt Crenshaw, commander of SFPD’s new Entertainment Task Force, told the crowd at a Nightlife Safety Summit on June 30. “I’m not the enemy. I’m not the ‘War on Fun,’ as they call it. I’m not the Antichrist.” The summit was sponsored by the Mayor’s Office, Entertainment Commission, SFPD, Small Business Commission, and CMAC.

Club owners and the SFPD are attempting to find balance between stifling the entertainment industry with heavy-handed enforcement and doing something about the deadly gun violence plaguing neighborhoods around some San Francisco nightclubs. Owners and party promoters don’t want entertainment permitting power to go back to the SFPD, as Mayor Gavin Newsom has suggested. But recent shootings and the Entertainment Commission’s inability to immediately close problem clubs have city officials demanding change.

Board of Supervisors President David Chiu introduced legislation in early June that would give the Entertainment Commission the authority to revoke the entertainment permits of noncompliant clubs that are consistently scenes of violence. Chiu’s legislation would further extend temporary suspension powers the board granted to the commission in 2009.

“There is strong consensus that the Entertainment Commission needs to do its job. And if this is what it takes to give it more tools, then so be it,” Chiu told the Guardian after the June 25 CMAC Insider Luncheon, where he participated in a forum with entertainment industry representatives. Chiu said he was feeling pressure from his constituents in North Beach to “come down like a hammer on the industry” following several shootings around the neighborhood’s nightclubs this year.

Terrance Alan, a longtime industry advocate and entertainment commissioner, told the Guardian he recently requested that the City Attorney’s Office help define when nightclub owners should be blamed for violence occurring near their business. “If we’re going to hold venues and security teams responsible, we have to tell them and make sure it’s legal,” he said. “The line of reasoning that blames the nearest business will force San Francisco to shut down. The first thing we have to do is stop blaming each other.”

Chiu, speaking to a crowd at the Nightlife Safety Summit, recounted a handful of incidents that pushed him to craft the new legislation. Since the last legislation was passed to strengthen the Entertainment Commission’s power to regulate nightclubs, eight people were shot outside the Regency night club Nov. 15, 2009; 44 rounds were fired outside club Suede, resulting in one death and four injuries Feb. 7; a shooting occurred on Broadway outside a strip club in mid-February; and a police officer was shot outside the Mission District’s El Rincon club on June 19. “And so on, and so on,” Chiu said.

Following the shooting at Club Suede, which had long been a site of violence prior to the gang-related carnage in February, officials were stunned to learn the commission did not have the power to revoke entertainment permits. The most it could do was suspend Suede’s permit to play music for 30 days.

“To hold the commission responsible for something it was never envisioned to do and never given the power to do is where the narrative has gone wrong recently,” Alan said of widespread criticism that the commission just didn’t simply “shut down” Club Suede.

Suede remains voluntarily closed as it bargains with the City Attorney’s Office, which filed a complaint against the club after the shootings. Alex Tse, the lead attorney for the city in the case, told the Guardian there was nothing he could legally do to prevent Suede from reopening before Aug. 10, when the court is scheduled to rule on a preliminary injunction (court mandated closing) the City Attorney’s Office filed. But he doesn’t expect them to reopen because Suede and the city are currently working toward settling the case.

If the incidents Chiu described represent a black eye for San Francisco’s entertainment industry, the California Department of Alcoholic Beverage Control and SFPD aren’t necessarily squeaky clean either. “I sat down with [ABC director] Steve Hardy and told him that where the state was focusing efforts in San Francisco was completely misguided,” Chiu said at the CMAC luncheon. “And I’ve spoken to [California Senator] Mark Leno to try to move them in the right direction.”

The break in the crackdowns of 2009, mostly attributed to severe tactics employed by SFPD Officer Larry Bertrand and ABC agent Michelle Ott, followed a widespread backlash to the sometimes brutal treatment legitimate business owners were receiving in the name of public safety. Back-to-back over stories in the Guardian (see “The new War on Fun,” March 23, 2010) and the SF Weekly, calls to the ABC from city officials, the formation of CMAC, and a Racketeer Influenced and Corrupt Organizations (RICO) suit filed against San Francisco and the rogue officers spurred officials to rein in Ott and Bertrand.

Hardy told the Guardian that Ott is no longer assigned to alcohol enforcement in San Francisco. Bertrand has traded in his plain-clothes for a uniform and hasn’t been seen busting into clubs, beating up the help, or confiscating DJ equipment for several months.

Mark Webb, plaintiff’s attorney in the RICO case, which was moved to the federal court by the City Attorney’s Office, said Bertrand is scheduled to give a deposition for the case July 26. Webb told the Guardian he plans to ask Bertrand questions relating to “a pattern of ongoing and repeated abuses” claimed in the complaint, which includes Newsom and ABC as defendants.

“We’re at a crossroads,” Chiu told the crowd at the Nightlife Safety Summit, adding that if the new power for the Entertainment Commission does not reduce club violence, stronger measures would be taken, whether it’s Newsom’s suggestion to scrap the commission entirely and give permitting power back to the police department or Chiu’s idea to create another “less politicized” body to issue entertainment permits made up of representatives from city department that are affected when nightlife entertainment goes wrong.

“There has been significant dissatisfaction with the Entertainment Commission due to many actual and apparent conflicts of interests,” Chiu said. “Frankly, this is why we may need to move to a different model of who actually makes decisions on permits, because often the people who want to make those decisions are the ones who stand to get the most benefit out of them.”

But club owners and party promoters argue that the police issuing entertainment permits, as they did prior to the Entertainment Commission’s creation in 2002, has a chilling effect on an important part of San Francisco’s economy.

Alan said a civil grand jury found the police department had a conflict of interest in being both the granter and enforcer of nightclub permits, a finding that spurred the creation of the Entertainment Commission.

“I’ve been in the industry long enough to remember when it was in the Police Department’s hands,” said Guy Carson, owner of Café Du Nord and director of CMAC. “Since the advent of the Entertainment Commission, more permits have been issued, which has vitalized the industry.”

Club owners and party promoters don’t want to be blamed for street violence over which they have no control, and they have some political support for that stance. “Clubs don’t create youth gun violence, society creates youth gun violence,” Sup. Bevan Dufty proclaimed to the crowd at the Nightlife Safety Summit, drawing thunderous applause from the room.

“There is a street scene and a club scene, and they do intersect. But a lot of the violence occurs in the street scene,” Carson said. “A lot of shootings that happen relate to people never inside the clubs. That’s a conversation CMAC looks forward to having — to have a little more accurate discussion.”

While he asserts that some nightclubs attract violence to the city from out of town, Crenshaw said he was pleased and surprised at the level of collaboration emerging between entertainment representatives and SFPD. “I got so much positive feedback from it [the Nightlife Safety Summit]. It was a bit overwhelming,” he told us. “I think the industry itself is tired of being labeled as a pariah. They want to change their image.”

Brit Hahn, owner of City Nights and SFClubs, agreed that working with district captains was in the best interest of any club looking to remain profitable. “When something bad happens at a nightclub anywhere in San Francisco, he said at the Nightlife Safety Summit, “it’s bad for all of our businesses.”

Local ballot measure campaigns reach the finish line

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The deadline for submitting enough valid signatures to quality local initiatives for the November ballot is today (July 6) at 5 p.m., which made for a busy holiday weekend for two San Francisco ballot measures that will be close calls: labor’s effort to increase the city’s hotel tax by 2 percent and the pension reform measure pushed by Public Defender Jeff Adachi.

“It’s going to be really close,” Adachi told the Guardian on Friday, referring to a measure to increase how much city employees contribute to their pensions and health care costs, which the labor movement is bitterly opposing.

But labor leaders say they have enough signatures for their Hotel Fairness Initiative after an all-hands-on-deck weekend of gathering and counting signatures, and they plan to hold a rally on the steps of City Hall at 1:45 pm on their way to turn the signatures in to the basement Elections Department. That initiative needed at least 7,168 valid signatures and officials say they turned in about 17,000.

Adachi says he’s also cleared the 44,799 signature threshold for qualifying a charter amendment and plans to turn them in at 4 p.m. He has yet to formally support the hotel tax increase (which could bring in about $30 million per year) or any of the other proposed revenue measures being considered by the Board of Supervisors, which still has a few more weeks to place measures on the ballot.

“It doesn’t deal with the train wreck that we’re in,” Adachi said of the proposed revenue measures, noting that they don’t come close to reaching the $167 million per year that he says his employee benefits reform measure would bring into the city, which labor leaders say will come directly out of the pockets of city employees and hurt the local economy.

But Adachi counters by telling us, “My message is there’s not going to be a city to run in a few years if we don’t do something.”

Meanwhile, Sup. Sean Elsbernd last week turned in about 76,000 signatures to remove Muni workers’ pay guarantees from the city charter, which would appear to easily qualify. The Board of Supervisors is working on a competing ballot measure that would also remove that guarantee, but include a more comprehensive reform that includes governance and oversight changes and new revenue.

COH sends in “hostage negotiators” during budget talks (VIDEO)

Members of the Board of Supervisors, their legislative aides, and other City Hall regulars were all looking a bit sleep-deprived as they darted from office to office at City Hall July 1 after ongoing budget negotiations kept everyone up late the night before. Just as an agreement on the city budget seemed within reach on June 30, Mayor Gavin Newsom and his chief of staff, Steve Kawa, had expressed strong opposition to several initiatives that progressive members of the Board of Supervisors sought to place on the November ballot.

The mayor’s last-minute move was described by some as a quid pro quo that withheld support for an amended budget — which included about $40 million in restorations to community programs that are high priorities for members of the board — unless four different proposals were struck from the ballot. Three were proposed charter amendments dealing with commission appointments that would distribute power more evenly between the board and the mayor, and the fourth was a proposal put forth by Sup. Ross Mirkarimi that would have required the San Francisco Police Department to adopt a community-policing model and engage in neighborhood foot patrols, initially cast as an enlightened alternative to Newsom’s proposed law banning sitting or lying down on the sidewalk. 

“In so many words, he had expressed clear dissent, and that was made relative to our budget proceedings,” Mirkarimi said, noting that the mayor didn’t phrase it in a way that would have run afoul of a law prohibiting that kind of bargaining over legislation. Newsom Press Secretary Tony Winnicker dodged repeated Guardian questions about whether Newsom was demanding conditions unrelated to the budget, coming closest to a direct answer when he said, “Before discussions of vetoing would even come up there would have to be something at the full Board to consider or veto, and there’s not, so NO.”

Technically legal or not, Newsom’s move was enough to prompt members of the Coalition on Homelessness, an advocacy group, to decry it as “a hostage situation.” As if negotiators ping-ponging back and forth across City Hall weren’t jarred enough already, the Coalition on Homelessness and Budget Justice Coalition members opted to underscore their point by blasting heavy metal music outside the mayor’s office windows in order to push the standoff to a close, and release the needed funds to safety.”

“The package of add-backs and cuts would have preserved the essential services San Francisco families rely on to survive the recession,” the Coalition wrote in a press statement that was released as budget negotiations wore on. “In order to leverage political gain on unrelated issues, the Mayor chose to hold hostage the package of restorations to vital senior health services, youth violence prevention programs, mental health treatment and cuts to waste.”

The heavy metal stunt only lasted about two minutes before deputy sherriffs put the kibosh on it, but “hostage negotiators” Patrick Flanagan (shown in the video wearing sunglasses), James Chionsini, Que Newbill, Lorraine Deguzman, Bob Offer-Westort, and Jennifer Friedenbach managed to make their way into the reception area of the mayor’s office. Mike Farrah, director of the Mayor’s Office of Neighborhood Services, was sent out for a bargaining session with the pizza-bearing crew. We caught the whole tense situation on film, and here’s how it went:

The “hostage negotiations” session took place around 4 p.m. Around the same time, various members of the board were going in to meet with the mayor on what several described as “parallel conversations” regarding the charter amendments, and the roster of programs that supervisors wanted to see restored after Newsom proposed slashing them in his June 1 budget proposal.

As the Budget & Finance Committee prepared to meet around 6:30 p.m., the worst fears of the Budget Justice Coalition did not seem to be realized. City Controller Ben Rosenfield arrived to the board chambers with freshly printed copies of an add-back list that included most of the programs that were high priorities for progressive supervisors and community advocates. However, Newsom had not given that list his stamp of approval, so a final budget agreement between both parties remained elusive. Winnicker cast those add-backs as contrary to Newsom’s wishes: “Don’t for a second even try to suggest that it’s improper to raise concerns about the fiscal impact of a new $40 million setaside in the context of a discussion of the budget.”

As for the discussion about the charter amenments, Mirkarimi characterized it as “ongoing.” Avalos called the preliminary amended budget “a work in progress,” but members of the Budget & Finance Committee still voiced a round of thank-yous to one another and all of the community groups who were there to assist with the process.

The Budget & Finance Committee forwarded the budget, including the restoration package, to the full board. Using a variety of sources, supervisors were able to restore $32,941,541 in funding for programs ranging from homeless services, to mental health care programs, to programs that aid and assist impoverished single-room-occupancy hotel residents, and others. An additional $7.4 million meant to cover a variety of youth and senior programs will depend on a supplemental appropriation that won the committee’s preliminary approval. Sup. Sean Elsbernd dissented on both counts, but still made a point of thanking the other committee members for their work.

 



Political litmus test for Hunters Point Shipyard access?

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Even though the U.S. Navy abandoned the Hunters Point Shipyard in 1974, the military has continued to control access to the shipyard that helped launch the A-Bomb. That’s because the Navy still owns most parcels of land on the shipyard and remains on the hook for cleaning up pollutants on these sites, including a radiologically impacted dump on Parcel E2, which has been deemed to be the dirtiest land on the site.

Currently, the Navy is proposing to cap, not excavate this landfill, despite repeated requests from the local community, and a citywide vote in support of Proposition P in 2000, which urged the Navy to clean up the land to the best extent possible, which would mean excavating the Parcel E2 landfill and replacing it with clean uncontaminated soil. And oddly, the City appears to want government agencies and officials to sign off on its final EIR for Lennar’s massive 770-acre redevelopment plan for the shipyard and Candlestick Point, even though the Navy has not yet completed an environmental impact statement (EIS) related to its proposed shipyard cleanup activities.

Currently, the Navy controls access to the facility beyond a couple of trailers that the city’s Redevelopment Agency has set up just within the yard’s main gate. And to gain access to the shipyard these days, you need to call or visit Redevelopment’s trailer and get a pass. Or, alternatively, if you know any of the artists who continue to rent studios at shipyard, you can call them to try and get the city to give you a pass.

Underlying these limits to accessing the shipyard are some legitimate safety concerns related to equipment and excavations on what is now an active clean up and construction site, along with fears that untoward characters could break into the abandoned buildings or bother the artists who still have studios in operation at the shipyard. But has an additional political litmus test been put in place when it comes to critics of Lennar’s redevelopment plan, who want to access to the yard? If so, does it mirror the tap dancing that the local community has had to undergo to get its voices heard as Lennar pushes to get final approval for its shipyard/ Candlestick Point redevelopment plan.

Those questions resurfaced last week when a private security guard manning the shipyard’s front gate denied access to D. 10 supervisor candidate DeWitt Lacy, who had dropped by hoping to take this reporter around the yard as part of an ongoing conversation about Parcel E2, which Lacy believes needs to be excavated completely, and how best to hold the Navy accountable for cleaning up a mess it created decades ago. The security guard told Lacy that folks who want to visit must get a pass at the Redevelopment Agency trailer.

At the Redevelopment trailer, Micah Fobbs, administrative assistant for W.B. Kennedy and Associates, which has a contract with Redevelopment’s Citizen’s Advisory Committee. told Lacy that without a preauthorized pass, he couldn’t let us onto the site. Fobbs added that he would be happy to take us on a tour himself, but he could not leave the trailer unmanned, since he was the only staff member there at the time. Fair enough. Though the rebuff gave us the feel that the City doesn’t want pesky investigative reporters that have been critical of the development running around the site. “And if they found out I was a civil rights attorney, they probably wouldn’t want me out here, either,” Lacy joked.

But the next day, I encountered what sounded like overt hostility to other critics of Lennar’s plan, when I tried to ride along on what had been billed as a “Toxic Tour of the Navy Shipyard” by POWER (People Organizing to Win Employment Rights). POWER had advertised its tour in an email which said it would involve 23 expert urban planners, who happened to be in the Bay Area for a Progressive Planning Forum. The tour was billed as happening on the morning of June 17, before an afternoon discussion at POWER’s Third Street office in the Bayview, which was to focus “on alternative approaches to the city’s current plan for development at the Shipyard/ Candlestick Point.”

Caught in traffic, I didn’t arrive at the Boys and Girls Club on Kiska Road in Bayview Hunters Point in time to join POWER’s kick-off get together. So, I headed direct to the shipyard, a move that meant I arrived alone and ahead of the school bus that POWER had rented for the occasion. At the gate, I was told by the security guard that I couldn’t get in, that another guard lost his job for letting unauthorized individuals onto the site, that POWER didn’t have a pass and that they’d been warned to watch for POWER “because they want to stop the development.”

“If you are not authorized with badges, you are not let through,” the guard said, giving me the telephone number of the Hunters Point Duty police officer, who in turn said I needed to call the San Francisco Redevelopment Agency, which in turn told me to call the folks at the Redevelopment Agency’s shipyard trailer. And so I called Fobbs again, who confirmed that the Navy still controls all the property, except Parcel A which has already been conveyed to the City which in turn has granted developer Lennar the right to develop thousands of condos on that particular parcel.

“As far as viewing the rest of the property, you have to put in a request, and no photography or videography is allowed,” Fobbs said. This stated ban on photography came as a surprise, given recent photos of the shipyard that ran in a New York Times article about Lennar and the city’s vision for the 770-acre property.

And the sudden difficulties in gaining media access seemed odd, given that Lennar’s PR firm, Sitrick and Company, offered to take the media on a tour on the morning of June 3—the day the Redevelopment and Planning Commissions subsequently approved the final EIR for Lennar’s plan to redevelop the rest of the shipyard, plus Candlestick Point, a FEIR that has now been appealed to the Board, on the grounds that it was rushed for political reasons, leading to fatal flaws in the final document.

“Well, if folks come here through Redevelopment or the Mayor’s Office, then they have been able to take photographs,” Fobbs said. “But we have had people trying to climb fences and get through doors of some of the buildings.” (Fobbs last comment was a reference to a recent climbing of the fence that the Nation of Islam’s Leon Muhammad engaged in, in an effort to determine if air quality monitoring devices near the Nation’s school and Oakdale public housing site were operating. (After Muhammad scaled the fence and reported that he’d found an empty bin where monitoring equipment was supposed to be, a kafuffle ensued, with the US EPA saying Muhammad was looking in the wrong place for the monitors which, it claimed, were in operation.)

Ultimately, Fobbs told me to call Redevelopment’s Audrey Kay if I wanted a tour, and several shipyard artists told me they would be happy to arrange a day pass so I can visit their studios and hear concerns that they will be required to move from a couple of shipyard buildings before replacement studios have been completed–an arrangement that would amount to a breach of promise that Lennar and the city previously made to the shipyard artists.

Shortly after I was turned away for a second time, POWER’s bus arrived at the gate, only to be blocked–a denial of access that meant 23 progressive planners were forced to view the shipyard from various remote viewing spots atop the hills that surround the site.

Together these episodes left me wondering what kind of political litmus test could end up being enforced at the site, if Lennar’s mega project gets the green light this summer, and what will happen if the Board decides to kick the plan back to the drawing board until the Navy completes a environmental impact statement and all of the community’s ongoing environmental and economic justice concerns are addressed.

So stay tuned, and don’t forget to mark July 13 on your calendar when the full Board of Supervisors is tentatively to hear appeals of the project’s final EIR, which the Planning and Redevelopment Commissions rubberstamped June 3. And, as always, it will be revealing to see which candidates in the hotly contested race for D. 10 supervisor, show up and speak truth to power.

 

 

Sparks reveals her conservativism in exchange with Walker

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During the District 6 supervisorial candidate debate that San Francisco Young Democrats held last week, a two-question exchange between two of the leading candidates – progressive Debra Walker and downtown-backed Theresa Sparks – offered a revealing look at their starkly different worldviews and priorities, which is more important in this race than people’s machine politics conspiracy theories.

During the second portion of the event, candidates were allowed to ask a question of another candidate, and Walker and Sparks focused on one another with pointed questions (this occurred at around the 30-minute mark, although the video doesn’t seem to allow users to forward to that point, forcing you to endure the often insipid commentary).

Walker went first, asking Sparks why, during her more than four-year tenure on the Police Commission – a body in charge of disciplining police officers accused of serious misconduct after citizen complaints are investigated and found valid by the Office of Citizen Complaints, with each case assigned to a particular commissioner – Sparks didn’t hold any hearings or act to punish any officers.

Sparks said the accusation wasn’t true, and that she did hold one hearing during that time, and then said that the Police Commission is prohibited by the city charter from intervening in the internal workings of the Police Department, implying that the body isn’t actually in charge of disciplining officers. Walker said Sparks was wrong and tried to ask a follow-up question and was cut off by moderator Melissa Griffin.

So this week, I called both candidates to try to get to the bottom of the dispute. “She indicated it’s not the commission’s job to focus on these things, and that’s absolutely not the case,” Walker said. “She was incorrect saying it wasn’t the job of commissioners to do this.”

And when I talked to Sparks, she didn’t dispute that fact, but conveyed how complicated the process was when officers are accused of serious misconduct (minor misconduct just goes to the chief), with lawyers seeking stipulated settlements and whatnot, and repeatedly emphasizing “it’s a bad system.” One reason it’s so bad is her own lack of qualifications: “You can’t have people like me, whose only legal background is watching Law and Order, trying to handle these cases.”

Sparks was appointed by Mayor Gavin Newsom, who is backing her supervisorial bid, which is also expected to have strong support from the San Francisco Police Officers Association. She wouldn’t say how many cases she was assigned during her tenure, but OCC records show more than 300 cases assigned to the commission during her tenure and the long backlog left in her wake has been the subject of criticism by everyone from Police Chief George Gascon to new Police Commission Jim Hammer.

Rather than supporting this civilian oversight of problem officers, Sparks wants to turn those duties over to Gascon’s office, telling us, “We need to give this chief more authority to fire officers rather than going through this ridiculous process.”

At the debate, after seeming stung by a question she jokingly called a “softball,” Sparks fired back by asking Walker whether she supported the proposed tax measures now being considered by the Board of Supervisors to help close the city’s large budget deficit, framing the question by saying they would hurt small business.

Walker answered by voicing her support for small business, but noting how essential city services such as public health programs were being deeply cut and that the city needed new revenue to deal with its structural budget deficit, although she said that she had yet to decide which of the tax measures she supported considering none have been approved for the ballot yet.

This week, Moody’s Investor Services lowered the citys’ credit rating precisely because Newsom’s budgets have not addressed that structural budget deficit, and even the Controller’s Office has ordered more than a $100 million placed on reserve because of doubts about the mayor’s revenue assumptions.

So for Sparks to characterize the need for new revenue as an unfair attack on small business indicates a short-sighted, right-wing approach to municipal finances, an approach Walker rejects, telling us, “I think we need to be responsible and do the right thing in dealing with the city’s needs…It’s going to cost us and the people who come after us more and more because of these cuts.”

When I spoke with Sparks, noting the Moody’s report, she seemed to back away from how she was trying the characterize the revenue measures at the debate. “I do think the city needs new revenue, but I don’t think that taxing small business is the way to go,” she said, referring to a proposal by Sup. David Chiu to tax commercial rents, which would be paid by the landlords.

So I asked Sparks whether she supported any of the proposals or if she was advocating any other revenues measures, and she said, “Quite honestly, I need to think about that because I do think we need more revenue.”

Which is pretty much the same answer Walker gave in a far more honest and direct way in that debate, without trying to pander to the fears of small businesspeople. The bottom line is that the downtown corporations who are backing Sparks have done nothing to help the city during this prolonged recession, while demanding even greater police responses to deal with poor people sitting on sidewalks and other perceived problems, and that hypocrisy should be front and center in this election.

Stories highlight Newsom’s hypocrisy

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A pair of interesting stories in today’s Chronicle paint Mayor Gavin Newsom as a self-serving hypocrite, highlighting how his cuts-only budget proposals ignore the city’s long-term needs and have led Moody’s to lower the city’s credit rating, and how his green rhetoric is belied by his oil industry investments, including in the company responsible for the ongoing oil leak in the Gulf.

The Guardian has long noted how fiscally irresponsible Newsom’s budgets have been, with our latest editorial calling for Newsom to finally offer support for some of the revenue measures now being explored by the Board of Supervisors, which will need strong support from everyone in City Hall to have a chance of winning voter approval.

The Controller’s Office and now Moody’s have confirmed that Newsom’s reckless and gimmicky budget leaves a long-term budget hole even as it does short-term damage to the city’s social safety net and public health programs. But instead of acknowledging that reality, Newsom flak Tony Winnicker is still offering snide, Republican-style put-downs of the supervisors who are actually working hard to improve the city’s fiscal health while Newsom is out running for state office, afraid he will be criticized for supporting the tax revenue this city desperately needs.

As for Newsom’s oil industry investments, well, they speak for themselves. His whole political career, and even the restaurant and bar career before that, was built on a foundation of oil money heaped upon him by the Gettys. And even after he found there was political gold to be mined from green rhetoric, he has continued to financially support and profit from the oil industry.

Many Guardian readers have long said that we should just give up on Newsom, calling him a shameless and self-serving politician of the very worst sort. Maybe they’re right. But if Newsom wants to earn our support in his race for lieutenant governor – whose most important responsibilities are his key votes in deciding whether to support new offshore oil drilling in California and whether to continue pushing myopic cuts-only budgets for the public university systems – then now is the time for him to show some political courage by disinvesting from the oil industry and supporting a responsible city budget that includes new revenue measures for which he should actively campaign this fall.

Powder keg

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news@sfbg.com

Ask any pollster, political consultant, or academic who studies the American electorate about the mood of the voters this year and you’ll get the same one-word answer: Angry.

Everyone’s pissed — the liberals, the conservatives, the moderates, the people who don’t even know where they fit in. It’s an unsettled time and, potentially, very bad news for a progressive agenda that seeks to address issues ranging from poverty and war to the long-term health of the public and the planet.

The Democrats, who swept into power with an enormously popular president just 18 months ago, may lose control of Congress. The tea partiers have driven the Republicans so far to the right that some candidates for Senate are openly talking about eliminating Social Security. The unemployment rate — the single most important factor in the politics of the economy — remains high and doesn’t show any signs of improving.

And the progressive left seems frustrated and demoralized, particularly in California. The Golden State, which once led the nation in innovation and enlightened social policy, now seems to be leading the politically dysfunctional race to the bottom.

The nation could be headed for a dangerous era, rife with the potential for right-wing demagoguery and other nasty political schisms. The state of the economy could easily fuel a more powerful movement to shrink the scope of government and a continuing backlash against the public sector — and the financial backers of the antitax and antiregulation movement are drooling at the prospect.

But there’s also a chance for progressives to seize a populist narrative and shift the discussion away from traditional disagreements and toward those areas, particularly the destructive influence on government by powerful corporations, where the grassroots right and grassroots left might actually agree.

The anger that voters feel toward a government that isn’t meeting their needs is starting to find other outlets. People are as mad about the abuses of big business — the Wall Street meltdown, the bailouts, the BP oil spill, the political manipulation — as they are about the failures of Congress and the president. If you ask Americans of every political stripe who they least trust — big government or big business — even conservatives aren’t so sure anymore.

For 30 years, the central narrative of American politics has revolved around the size and effectiveness of government. Now there’s a chance to shift that entire debate in American politics toward the largely unchecked power of corporations. It is, populist writer Jim Hightower told us, “an enormous opportunity handed to us by the bastards.”

But so far, none of the Democratic leaders in California are taking advantage of it to start dispelling damaging myths and crafting political narratives that might begin to create some popular consensus around how to deal with society’s most pressing problems.

 

THE PEOPLE WANT TAXES

There have been many polls gauging voter anger, but one of the most comprehensive and interesting recent ones was “Californians and Their Government,” a collaborative study by the Public Policy Institute of California and the James Irvine Foundation that was released in May.

It shows that Californians are mad about the state’s fiscal problems, disgusted with their political leaders, divided by ideology, and deeply conflicted over the best way forward. An astounding 77 percent of respondents say California is headed in the wrong direction and 81 percent say the state budget situation is a “a big problem.”

But the anti-incumbent message isn’t necessarily an anti-government message. Most Californians are willing to put more of their cash into public-sector programs, even during this deep recession. When asked to name the most important issues facing the state, 53 percent mentioned jobs and the economy . The state budget, deficit, and taxes only got the top billing of 15 percent.

And contrary to the conventional wisdom espoused by moderate politicians and political consultants, most voters say they are willing to pay higher taxes to save vital services. “Californians tell us they continue to place a high value on education and want education to be protected from cuts. And they’re willing to commit their money to help fund that,” PPIC director Mark Baldassare told the Guardian.

The survey found that 69 percent of respondents say they would pay higher taxes to protect K-12 education from future cuts, while 54 percent each say they would pay higher taxes to prevent cuts to higher education and to health and human services programs. In other words, voters seem to recognize where we’ve cut too deeply — and where we haven’t cut enough: only 18 percent of respondents would be willing to pay higher taxes to prevent cuts to prisons and corrections.

Baldassare said the June primary results also showed that people are willing to pay more in taxes for the services they value. “Around the state, there was a lot of evidence that people responded favorably to requests by their local governments for money, particularly for schools,” he said.

Both the California Legislature and Gov. Arnold Schwarzenegger are held in very low esteem with voters, according to the PPIC study, and Schwarzenegger’s 23 percent rating is the lowest in the poll’s history.

Barbara O’Connor, political communications professor who heads the Institute for the Study of Politics and the Media at Sacramento State University, told us that voter unhappiness with elected leaders is no surprise. Right now, most people are afraid that their basic needs won’t be met over the long run.

“The common narrative is fear, and fear channels into anger,” O’Conner said.

And that fear is being tapped into strongly this year by the Republican candidates, who are trying to scare voters into embracing their promises to gut government and keep taxes as low as possible.

“If there’s any lesson to be learned from Meg and Carly’s early ads, it’s fear-mongering, fear-mongering all the time — and that doesn’t create a very positive narrative,” O’Connor said of gubernatorial candidate Meg Whitman and U.S. Senate candidate Carly Fiorina.

O’Connor noted that Barack Obama’s campaign had great success in using a positive, hopeful message and said she believes the right leader can also do so in California. “I talked to Jerry [Brown]’s people about it and said you can’t just run a negative campaign because that’s what Meg is doing.”

Despite the tenor of the times, O’Connor said she’s feeling hopeful about hope. She also believes Californians would respond well to a leader like Obama who tried to give them that hope — if only someone like Brown can pick up that mantle. “I think the environment is right for a positive message. But the question is: do we have people capable of delivering it?”

She said the no-new-taxes, dismantle-government rhetoric has started to wear thin with voters. “The real fiscal conservatives are badly outnumbered in Californian,” O’Connor said. As for the corporate sales jobs, O’Connor said voters have really started to wise up. “They aren’t going to be scammed.”

The results of the June primary election showed that voters across the spectrum were also disturbed by big special-interest money. Proposition 16, backed by $46 million from Pacific Gas and Electric Co., went down to defeat — even in counties that tend to vote Republican.

And this fall, with two rich former CEOs spending their personal wealth to win two of California’s top elected offices and energy companies pushing a measure to roll back California’s efforts to combat global warming, there could be great opportunity in a narrative targeting those at the top of our economic system.

 

THE TOP AND THE BOTTOM

Some observers say that whatever their shared feelings about corporate scams, conservatives and liberals in the state are just too far apart, and that there’s little hope for any substantive agreement. “People are becoming more polarized,” said consultant David Latterman, who often works for downtown candidates and interests. “I think we’re beyond compromise.”

Allen Hoffenblum, a Los Angeles-based Republican strategist, agreed. “The voter are all mad, but they’re mad at different things. I just don’t see where they come together.”

But Hightower, who has spent a lifetime in politics as a journalist, elected official, author, and commentator, has a different analysis.

“As I’ve rambled through life,” he wrote in a recent essay, “I’ve observed that the true political spectrum in our society does not range from right to left, but from top to bottom. This is how America’s economic and political systems really shake out, with each of us located somewhere up or down that spectrum, mostly down.

“Right to left is political theory; top to bottom is the reality we actually experience in our lives every day — and the vast majority of Americans know that they’re not even within shouting distance of the moneyed powers that rule from the top of both systems, whether those elites call themselves conservatives or liberals.”

In an interview, he told us he sees a lot of hope in the fractured and potentially explosive political ethos. “There’s all this anger,” he said. “People don’t know what to do. And I think the one focus that makes sense is the arrogance and abuse of corporate executives.”

In fact, Hightower pointed out, the teabaggers didn’t start out as part of the Republican machinery. “Wall Street and the bailouts sparked the tea bag explosion,” he said. It wasn’t until big right-wing outfits like the Koch brothers, who own oil and timber interests and fund conservative think tanks, started quietly funding tea party rallies that the anti-corporate, anti-imperial edge came off that particular populist uprising.

“At first, the teabaggers didn’t even know where the money was coming from,” Hightower said. “You can’t be mad at the teabaggers; we should have been out there organizing them first.”

There’s plenty of evidence that anger at big business is growing rapidly — and rivals the distrust of big government that has defined so much of American politics in the past 30 years. The bailouts were “the first time in a long time that people have been slapped in the face by collusion between big business and its Washington puppets,” Hightower noted.

Then there’s the Supreme Court decision in Citizens United v. Federal Elections Commission. In January, a sharply divided court ruled 5-4 that corporations had the right to spend unlimited amounts of money supporting or opposing political candidates. Progressives were, of course, outraged — but conservatives were, too.

Polls show that more than 80 percent of Democrats think the decision should be overturned. So do 76 percent of Republicans. “This is a winner for our side,” Hightower noted. “But our side’s not doing anything about it.”

Sure, President Obama denounced the ruling in his State of the Union speech and promised reform. But the bill the Democrats have offered in response does nothing to stop the flow of money; it would only increase disclosure requirements. And in response to furor from the National Rifle Association, it’s been amended and is now so full of holes that it doesn’t do much of anything.

Political consultants advising Whitman are clearly looking for ways to direct the voter unhappiness into a demand for lower taxes and smaller budgets. She’s already vowed to fire 40,000 state workers, and her most recent campaign ad attacks Brown for expanding public programs and raising the state deficit.

So far Brown hasn’t challenged that narrative — and some Democrats say he shouldn’t. It would be safer, they say, for Brown to get out front and demand his own cuts in Sacramento. “Going after public-sector pensions is a winner,” one Democratic campaign consultant, who asked not to be named, told us. “If Whitman beats Brown on those issues, she wins.”

But that approach is never going to be effective for Democrats. If the argument is over who can better cut government spending, the GOP candidates will always win. The better approach is to see if progressives can’t shift the debate — and the anger — toward the private sector.

As Hightower put it: “You can yell yourself red-faced at Congress critters you don’t like and demand a government so small that it’d fit in the backroom of Billy Bob’s Bait Shop and Sushi Stand, but you won’t be touching the corporate and financial powers behind the throne.”

That’s where the discussion has to start. And there’s no better place than California.

The Golden State is a great example of what happens when the tax- cutters win. In 1978, the liberals in Sacramento, operating with a huge state budget surplus, couldn’t figure out how to derail the populist anger of property tax hikes. So Proposition 13, the beginning of the great tax revolt, passed overwhelmingly. Over the next decade, more antitax initiatives went before the voters, and all were approved.

Now the state is heading toward fiscal disaster. The schools are among the worst-funded in the nation. The world-famous University of California system is on the brink of collapse. Community colleges are turning away students. The credit rating on California bonds have fallen so far that it’s hard for the state to borrow money. And there’s still a huge budget gap.

The tax-cut mentality that led to the so-called Reagan revolution started in California; a political movement that shifts the blame for many of the state’s problems away from government and onto big business ought to be able to start here as well. And it’s potentially a movement that could bring together people who normally find themselves on opposite sides of the fence.

A case in point: the measure the oil companies have put on the November ballot to repeal the state’s greenhouse gas limits. The corporations backing the initiative, led by Valero, argue that California’s attempts to slow climate change will cost jobs. That’s a line we’ve heard for decades. Every tax cut, every move toward deregulation, is defended as helping spur job growth.

But the past four presidents have done nothing but cut taxes and reduce regulations — and the result is facing Americans on the streets every day. There is also growing evidence that even Republican voters don’t believe everything big businesses tell them anymore. And they’re starting to grasp that sometimes deregulation leads to outcomes like larcenous CEOs and unstoppable oil leaks.

So the potential for a successful progressive populist movement is out there. But it’s not going to happen by spontaneous combustion.

 

SF SHOWS THE WAY

On the national level, one of the factors creating this gloomy electorate is the failure of President Obama to keep the coalition that elected him active and engaged. The intense partisanship in Washinton has turned off many independent Obama voters, while his progressive supporters have been disappointed by issues ranging from his escalation in Afghanistan to tepid reforms on health care and Wall Street.

“One of the narratives now is where are the Obama voters and will they participate?” Jim Stearns, a San Francisco political consultant who works mostly on progressive campaigns, told us. “They still love Obama but they’re not moved by him anymore.”

Perhaps more important, they have lost the sense of hope that he once instilled. The Republican Party’s descent into right-wing extremism and the strong anticorporate narratives that have emerged in the last year — from BP’s oil spill to PG&E’s political manipulation to Goldman Sachs’ self-dealing to the prospect of unrestricted corporate campaign propaganda unleashed by the Citizens United ruling — have created the possibility that the negative narratives by the left may crowd out the positive ones.

“Meg Whitman is someone you can hate. She’s the rich Republican CEO trying to buy her way into office,” Stearns said. “But it’s a depressing message.”

But Stearns said there is another, most hopeful political narrative that is emerging in San Francisco, one that might eventually grow into a model that could be used at the state and federal levels. “We’re lucky in San Francisco. Progressive voters are engaged.”

He noted that San Francisco’s voter turnout was higher than expected in the June primary, and far higher than the record low state number, even though there really weren’t any exciting propositions or closely contested races on the local ballot — except for the Democratic County Central Committee, where progressives maintained their newfound control. And it’s because of the organizing and coalition-building that the left has done.

“What you’ve seen over the last few years is a coalition of labor, neighborhood groups, environmentalists, and the progressives now operating through the Democratic Party. That’s a great coalition with a lot for people to trust,” Stearns said.

Meanwhile, downtown has all but collapsed as a unified political force. “They don’t really have a political infrastructure,” Stearns said of downtown. “Normally it would be the mayor who gets everyone in line and working together.”

Even Latterman, the downtown-oriented consultant, agrees that the business community is no longer setting San Francisco’s agenda because it’s become fractured and unable to push a consistent political narrative: “There’s certainly been a lack of coordination.”

He also agrees that progressives have become more organized and effective. “Clearly, the Democratic Party of San Francisco has become a conduit for progressive politics and politicians, but not issues,” Latterman said. “What a lot of people get wrong in the city is the difference between politics and policy.”

Part of the reason is economic. With scarce resources, a high threshold for approving new revenue sources, and a fiscally conservative mayor unwilling to talk taxes, it’s been difficult to move a progressive agenda for San Francisco. And in Sacramento, it’s barely part of the discussions.

“The people of California have been held hostage by a handful of Republicans who are making us cut everything we care about,” while in San Francisco “Newsom is taking an entirely Republican approach to the budget,” Stearns said.

Looking toward the fall races, Stearns said the progressive coalition and majority on the Board of Supervisors will be tested on issues such as Muni reform, and the question will be whether fiscal conservatives like Sup. Sean Elsbernd can blame Muni’s problems on drivers, or whether progressives can create and sell a broader package that includes new revenue and governance reforms.

“The drivers are going to get their guarantee taken out of the charter, that’s going to happen. But people know that isn’t all that’s wrong with Muni,” Stearns said.

But to craft a more comprehensive solution, he said the progressives are going to need to use their growing coalition to connect the dots for voters. “We need to run a citywide campaign around a whole constellation of issues,” Stearns said, citing Muni, schools, taxes, resistance to mean-spirited measures like sit-lie, and the larger issues raised by the Brown and Barbara Boxer campaigns. “We need to figure out a way to put all that in the same coalition and run one campaign around it. And we can do that because progressives retained control of the DCCC.”

 

THE STRUGGLE AHEAD

Although they’ve made great strides, San Francisco progressives are still struggling with a mayor who sees the solution to every budget crisis as cuts — and with a growing number of efforts to blame public employees for the city’s fiscal problems. Even Jeff Adachi, the public defender once considered a standard-bearer for progressive causes, is pushing a ballot measure that would require city workers to pay more for their pensions.

Gabriel Haaland, who works with Service Employees International Union Local 1021, made the right point in the pension debate. “Big financial institutions crashed the stock market,” he said recently, “and now they want to blame city workers.”

In a blog post on the political website Calitics, Robert Cruickshank put it clearly: “The notion that ‘everyone needs to give back’ just doesn’t make sense given our economic distress. We’ve already given back too much. We gave back our wages. We gave back our ability to afford health care and housing and transportation. We gave back the robust public- sector services that created widespread prosperity in the 1950s and 1960s. We gave back affordable, quality education. And too many of us have given back our future.

“No, it’s time for someone else to give back. It’s time for the wealthiest Californians and the large corporations to give back. For 30 years now they have benefited from economic policy designed to take money and benefits from the rest of us and give it to those who already have wealth and power.”

That’s a message that ought to appeal to anyone who’s hurting from this recession. It ought to cross red and blue lines. It ought to be the mantra of a new progressive populism that can channel voter anger toward the proper target: the big corporations that created the problems that are making us all miserable.

If Jerry Brown could adopt that narrative, he could change the state of California — and the state of the nation.

Lennar’s litmus test

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sarah@sfbg.com

None of the many stakeholders tracking the progress of Lennar Corp.’s massive Candlestick Point-Hunters Point Shipyard redevelopment plan registered surprise when the Board of Supervisors received three appeals to the Planning Commission’s June 3 certification of the project’s final environmental impact report (FEIR).

Instead, everybody who has been watching the political juggernaut that has been pushing for quick approval of the project over the past month said they anticipated that the FEIR would be appealed, and perhaps litigated. But the real question is whether the project will be substantially changed.

In the seven months since the project’s draft EIR was released, the Planning and Redevelopment Commissions have repeatedly rejected all arguments and recommendations made by its critics to improve or delay the plan, rushing the approval along on a tight schedule (“The Candlestick Farce,” 12/21/09).

The rush job occurred even as numerous groups and individuals warned that the DEIR comment period was too short, (“DEIR in the headlights,” 02/03/10) and complained that the city and the developer had dismissed crucial data and testimony while exploiting fears the San Francisco 49ers would leave town if the city didn’t act quickly (“Political juggernaut,” 06/02/10).

What’s less clear is whether the Board of Supervisors has the political will to heed these appeals and correct what opponents say are serious flaws in the city’s FEIR. The appeal that the Sierra Club, Golden Gate Audubon Society, California Native Plant Society, and San Francisco Tomorrow filed June 21 lists nine deficiencies.

These included the FEIR’s failure to look into an alternate Bus Rapid Transit (BRT) route around Yosemite Slough or adequately assess impacts resulting from the landfill cap on Parcel E2 and the transfer of 20 acres of public shoreline land in Candlestick Point State Recreation Area (CPSRA) to build high-end housing.

“The FEIR failed to analyze those elements of the project’s sustainability plan that could have significant environmental impacts, including two proposed heating and cooling plants (which appear to be power plants) to serve 10,500 housing units and a projectwide recycling collection system,” the coalition further charged.

The appeal also voiced concern that the FEIR failed to adequately assess impacts resulting from the construction and maintenance of the development’s underground utility matrix, impacts to the bird-nesting in the proposed 34-acre wetland restoration project at the state park, and delays to eight Muni lines.

But the Sierra Club-led coalition also indicated that by removing provisions for a bridge over Yosemite Slough, transfer of land in the state park, and compromised clean-up efforts at Parcel E2, resolution of many of these disputed issues could be expedited.

“If the Board of Supervisors acts promptly, revisions to the EIR may be made quickly and result in a minimal delay in the progress of the project,” the coalition stated.

The Sierra Club’s Arthur Feinstein told the Guardian that the coalition’s top three concerns are “very important, but the six other issues are also very real.”

“Here we have a city cutting 10 percent of its bus service while saying that eight bus routes will need to be improved because of the project, and admitting that the development will increase air pollution in a district that has the highest rates of asthma and cancer without identifying mitigations such as reducing parking spaces in the proposal,” Feinstein said.

POWER (People Organized to Win Employment Rights) also filed an FEIR appeal June 21 listing a broader range of environmental and economic justice-related concerns.

These included the FEIR’s failure to analyze and mitigate for displacement that would be triggered in the surrounding neighborhood by developing 10,500 mostly market-rate housing units in the area and “failure to provide for adequate oversight and enforcement of the terms of the early transfer” of the shipyard from the Navy.

POWER also cited the FEIR’s failure to adequately mitigate against the impact of sea level rise, the risks associated with potential liquefaction of contaminated landfill at the shipyard in the event of an earthquake, and health risks related to chemicals of concern at the shipyard. The group also faulted the city’s failure to get the Navy to prepare an environmental impact statement on its clean-up plan before the FEIR was completed.

Finally, Californians for Renewable Energy (CARE) filed a five-point appeal June 23 charging that the project contravened the intent of Proposition P (which voters approved in 2000, urging the Navy to remediate shipyard pollution to the maximum extent possible), that the project’s FEIR is incomplete because the Navy (which still retains jurisdiction over the project lands) has not yet completed its EIS, and that the FEIR approval process was tainted by 49ers-related political pressure.

“The pre-set goal of maintaining the 49ers in San Francisco has colored the environmental analysis of this decision,” CARE noted, referring to the city’s rush to get the project’s FEIR certified on June 3 — five days before Santa Clara County voters approved a new stadium for the 49ers near Great America .

The appeal filings mean the Board of Supervisors is required to hold a hearing within 30 days, a move that places a roadblock, at least temporarily, in the way of the city’s tight schedule to secure final approvals for Lennar’s megaproject before summer’s end.

Board President David Chiu told the Guardian that the Board’s Land Use Committee will move forward with a July 13 meeting to hear a list of proposed amendments related to the underlying plan along with the FEIR appeals.

“We are back at the board Land Use Committee July 12 with 10 items related to the project,” said Chiu, who is a member of the Land Use Committee. The three-member committee is chaired by Sup. Sophie Maxwell, who represents the project’s District 10; Sup. Eric Mar is vice-chair.

“The next day, July 13, has been tentatively set for a full meeting of the full board,” Chiu continued. He acknowledged that the FEIR related materials are dense and complex, telling us that “they form the largest pile on my desk, and it’s about five inches high.”

But he wasn’t about to prejudge the outcome. “We do need to clean up the area and rebuild it in such a way that it will dramatically increase affordable housing and jobs and support a livable diverse community,” Chiu said. “Obviously there are still a lot of questions and concerns about the proposed project and the board will push to make sure all these issues are adequately addressed.”

CARE president Michael Boyd said he hoped the board would take his group’s appeal seriously and fix the plan’s fundamental shortcomings. “That means going back to square one,” he said.

But others were less sure that the board would seek to overturn the entire plan. “Everyone in the community would like the best level of clean-up,” said Saul Bloom, whose nonprofit Arc Ecology has tracked the proposed shipyard clean-up for three decades. “But what’s possible and practical? And will the city be supportive of that or the most expeditious solution?”

Bloom reserved gravest concern for plans to cap, not remove, the contaminants from the shipyard’s Parcel E2. “The concern is that if you put a cap on E2 without a liner then contaminants could scootch out during a seismic event, or over time, and cause problems because of the parcel’s close proximity to surrounding groundwater and the San Francisco Bay,” he said. “But to place a liner in there is very expensive because you’d have to excavate E2, at which point you might as well replace it with clean soil.”

Bloom acknowledged that the Navy has argued that excavation would cause a nasty smell and nobody knows what is going to be released in the process.

“But long-term Bayview residents like Espanola Jackson have made the point that the community already lives within nose-shot of the southeast sewage treatment plant and would rather put up with a few years of nasty smells, given the relative benefits of cleaning the yard up,” he said. “And how do we know a cap will be protective given the Navy’s argument that we don’t know what’s down there?

“The thing that makes the most sense here is to clean up the shipyard to the best possible extent, but the city isn’t planning to do that,” Bloom added. “And the environmental community’s bottom line has always been the bridge [over Yosemite Slough, which the Sierra Club opposes]. So the sense is that if the bridge goes away, so does their problem.”

Editor’s Notes

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Tredmond@sfbg.com

Jane Kim, the San Francisco school board president running for supervisor in District 6, has a tough question to answer. When there’s already a solid progressive in the race, Debra Walker, someone who has lived in the district for years and agrees with Kim on almost all the key issues, why is Kim running?

She gave a hint at her campaign kickoff June 24 on how she’s going to portray herself: "I’m not part of anyone’s machine, and I’m certainly not part of anyone’s master plan." It’s an attractive statement — nobody likes machine politics — and the idea that she’s an independent candidate makes her all the more appealing.

Except that it also says something about the progressive movement in San Francisco — and that’s a little disturbing. Because no matter how you try to spin it, when you say you aren’t part of anyone’s machine, you’re implying that maybe your opponents are.

Let me take a step back here, because this is important stuff. There’s a fine line between an effective, organized political coalition that can actually win elections and a political machine, which stifles political innovation and grassroots candidates. And in part it’s about motivation.

When Willie Brown ran San Francisco, it was all about Willie Brown. I’ve never believed the guy had much of an ideology or that any political cause really mattered to him; he loved power, he knew how to use it and he didn’t want to give it up. That was the bottom line.

Now that he’s pretty much out of the picture — although he was at Kim’s party, he’s not a factor anymore — there’s a very different power balance in this city. There’s nobody at City Hall (or in Sacramento, or Washington, or downtown, or anywhere else) who has machine-style control of local politics.

There are people who can build coalitions that work — Aaron Peskin, for example, did exceptionally well with putting together a campaign to elect progressive Democratic County Central Committee elections. And there are people who would love to be power brokers.

But I’ve been around politics here a long time, and I can tell you: Aaron Peskin doesn’t have a machine. Neither does Mark Leno, or Gavin Newsom, or Tom Ammiano, or David Chiu, or anyone else. Thanks in part to district elections, there aren’t many call-up votes on the Board of Supervisors these days. In fact, the left in San Francisco is famously unable to agree on much of anything half the time. Note, for example, the fact that Chiu — often called a Peskin ally — is not supporting Peskin’s candidate in D-6. He’s with Jane Kim.

The thing is, unlike the players in a typical political machine, most of the progressives care about issues. It’s about a shared ideology more than it’s about power. That’s a hugely important difference.

The way the mainstream media has it, the San Francisco left is either fatally fractured and can’t do anything — or it’s becoming a machine. For the moment — a great moment — neither is true. Let’s all keep that in mind. Because when we beat each other up with words like "machine," we undermine the whole progressive movement.

Bad way to start a campaign.

Complicating the simple

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steve@sfbg.com

GREEN CITY San Francisco can legally give more street space to bicycles, even if it delays cars or Muni in some spots, a policy that enjoys universal support among elected officials here. So why have all the city’s proposed bike projects been held up by an unprecedented four-year court injunction, despite the judge’s clear affirmation of the city’s right to approve its current Bicycle Plan as written?

The answer involves a mind-numbing journey into the complex strictures of the California Environmental Quality Act and its related case law, which was the subject of a three-hour hearing before Superior Court Judge Peter Busch on June 22 that delved deeply into transportation engineering minutiae but did little to indicate when the city might be able to finally stripe the 45 bike lanes that have been studied, approved, funded, and are ready to go.

Anti-bike activist Rob Anderson and attorney Mary Miles have been on a long and lonely — but so far, quite successful — legal crusade to kill any proposed bike projects that remove parking spaces or cause traffic delays. They have argued that the city shouldn’t be allowed to hurt the majority of road users to help the minority who ride bikes, urging the city and court to remove those projects from the Bike Plan.

But Busch repeatedly said the court can’t do that. “That’s the policy question that’s not for the court to decide,” he told Miles in court, later adding: “I don’t get to decide that the Board of Supervisors’ policy is misguided.”

Yet city officials have offered detailed arguments that the policy of facilitating safe bicycling isn’t misguided, but instead is consistent with the transit-first policy in the city charter and with the goals of reducing greenhouse gas emissions, improving public health, and even alleviating overall traffic congestion by giving more people good alternatives to driving a car.

Busch hasn’t indicated that he has any issues with that rationale. Instead, the question is whether policymakers had enough information — in the proper manner spelled out by two generations’ worth of legal battles over land use decisions in California — to make their unanimous decisions to approve the Bike Plan in 2005 and again in 2009, after completing a court-ordered, four-volume, two-year, $2 million environmental impact report.

Miles argues that the EIR is legally inadequate in every way possible, employing such gross hyperbole in condemning it as a hollow document that does nothing to explain or justify any of its conclusions that Busch told her at one point, “That’s such an over-argument, it leaves me wondering about the rest of your argument.”

But he’s certainly considering the rest of her argument that more analysis was required, going into great detail on the questions of whether the city studied and spelled out enough alternatives and mitigation measures, how much of the voluminous traffic survey data should be in the plan, whether there was enough support for the thresholds of significant impacts, and what the remedy should be if he finds some minor errors in the methodology.

Yet even Busch said there wasn’t a clear regulatory road map for the city to follow on this project. “There probably has never been an EIR for a project like this,” he acknowledged. It was the city’s decision in 2004 to do a Bike Plan that mentioned specific projects without studying them that led to the injunction and this extraordinarily complex EIR, which did detailed analysis on more than 60 projects.

“Once you get that complexity, the toeholds are everywhere to fight it,” activist Mark Salomon, who has long criticized city officials and bicycle activists for their approach to the Bike Plan, told us.

But Kate Stacey, who heads the land use team in the City Attorney’s Office, says the city will be in a good position to quickly create lots of bike lanes once this plan passes legal muster.

“The city can now go through the specific bike projects without having another step of analysis,” she told us. “I think it’s a complete and elegant approach even if it was more time-consuming at the outset.” Busch asked both sides to submit proposed orders by July 6 and responses to those orders by July 13, with a ruling and possible lifting of the injunction expected later this summer.

Raising revenues on the backs of the East Bay/working class

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If you are one of the many thousands of people who commute the Bay Bridge each day, then you already know that the  toll is going to increase on Thursday, July 1 to $6 during commute hours, and that the car pool is going to stop being free and start costing $2:50 (and you’ll need a Fastrak pass to use it). Tolls will also rise to $5 on Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael and San Mateo-Hayward bridges. What you may not know is that San Francisco is also planning to start charging fees this summer to  “out-of-towners” to access certain facilities.

http://www.youtube.com/watch?v=pCivf4OMuqY

As an East Bay resident and a member of San Francisco’s workforce, I understand the logic behind all these toll and fee increases: raise tolls to get cars off roads, people onto public transit, and spare the air in the process. And raise entrance fees for tourists, so as to generate revenue for cash-strapped city departments.

And yet, it feels like working-class folks who can’t afford to raise their families in San Francisco keep getting stuck with the bill for the excesses of the city’s real estate market, while the folks who made money gaming the real estate market in the ’90s and the Noughties keep leading the “no new taxes, lots of new fees” mantra.

That extra $2 a day to get to work is going to cost working folks about $500 more a year, at a time when wages are either stagnant or being cut. So, don’t be surprised if we stop spending any money on buying food in the city, to make ends meet. But should we also plan to stop visiting fee-charging city facilities?

I ask because a recent article in the Chronicle pointed out that “Out-of-town visitors will have to start paying an admission fee to San Francisco’s tranquil and well-tended Botanical Garden in Golden Gate Park, now that the Board of Supervisors signed off on the proposal after months of heated public debate.”

San Francisco residents will continue to get free entry, the article reported, but other adults will have to pay $7 to get into the Botanical Garden, starting in late July or early August. (Discounts will be offered to seniors and youth.)

“The total price for a family will be capped at $15,” the Chron reported, ” and the money-making initiative is expected to generate $250,000 a year for the city’s strapped Recreation and Park Department, officials say.”

It’s not clear from that report whether the city’s commuters who now account for more than 50 percent of the city’s workforce) are classified as “out-of-towners?” And if it turns out that we are not, I’ll post an update here in short order. But I suspect we are, since we don’t actually live here, (even if we do spend half our lives working in a building within city limits).

Update: Lisa Van Cleef, public spokesperson for the Botanical Gardens (a former SFBG worker, when the Guardian was still on York Street) confirmed that Mayor Gavin Newsom is expected to sign the Botanical Gardens fee hike legislation by the end of this week.

“All San Francisco residents have free admission,” Van Cleef emailed. “Non-residents including those who work in SF, will pay the $7.00.”

In her email, Van Cleef made a great case for visiting the Botanical Gardens.

“It is very different than a park,” she wrote. “With 26 distinct gardens and collections, our visitors can experience incredible rarities from  Asia, Australia, New Zealand, Central and South America, and South Africa, plus our award-winning California Native Plant Garden 
complete with a century-old redwood forest. Hundreds of our plants are rare and/or endangered in the wild.Right now, the Passionflowers, Chilean, Australian and Perennial gardens are looking exceptionally great with lots in bloom.”

So, I guess I’ll be tempted to visit, fee or no, even as I wish for a more equitable way to generate new city revenues, in future.

Now, it’s easy to demonize folks who drive to work from the East Bay, as being irresponsible climate change inducing air polluters. But I can’t help noticing that many folks on the road alongside me each morning are driving beat-up pick-ups full of work tools and cars full of infant seats and toys. These are working class family-oriented folks who definitely pay their “entrance fee” into the city each day. (And then there’s the fact that we are paying to cross a bridge that no longer feels entirely safe to drive across, but that’s a whole other story.)

But when out-of-town commuters use public transit, it can take several hours each way–between bad connections and cut services–unless we live and work close to BART. And those hours spent waiting for the T-Third or changing buses adds up to precious time we don’t spend with our families, and costs a lot in child care.

That’s why I’m getting sick of the  “cyclists v drivers” debate in San Francisco. Because it’s a divisive, misleading debate. There are saints and sinners on both sides of that debate’s equation, but when it comes to actually getting folks off the road and onto public transit, the real issue continues to be the cost of housing and the lack of a truly comprehensive public transit system in San Francisco. And I’m not seeing the kind of planning in the pipeline that would allow working-class families to move back into town and/or make traveling to and from the East Bay less of a nightmare.

Instead, there are plans to build thousands and thousands of condos where a couple could possibly raise one child–until the crying and the constant bits of Lego underfoot in the condo’s swag carpetting get them fleeing to the Oakland hills, and beyond.

So, go ahead and bite me and the rest of the working class commuters with more fees, both at the toll booths and at the entrance gate to  the Botanical Gardens. We don’t have much choice but to pay them, if we want to keep our jobs in the city, and enjoy ourselves in our downtime before making the return commute. But milking us is not going to solve the underlying problem in a city that sold out to the highest bidder a long time ago. Yes, this is a bit of a “whine” piece, and it’s coming from someone who enjoys navigating her “London Taxi” as I like to call my anonomobile, through the roughest of city streets. But seriously folks, when is someone going to have the balls to raise taxes on the rich in this richest of cities and stop sticking it to the poor?

“No new taxes,” but fees and restrictions may apply

The agenda for the June 29 Board of Supervisors meeting reads like the fine print of a credit card statement, with fees piled upon more fees.  Mayor Gavin Newsom is proposing a slew of increases to sums that must be forked over for a wide array of city services or permits as a way to bridge a gaping budget gap. With major cuts to critical services in the face of a dramatic revenue shortfall, it’s not surprising that the city is tightening its squeeze to make up for some of the damage.

Some of the proposals make a certain amount of sense. There are higher fees proposed for an underground parking lot at Golden Gate Park, which could potentially help dissuade motorists and promote more environmentally friendly transportation options. There are higher fees for tow truck operators, which most anyone who’s ever involuntarily had their car towed could get behind. And the fee for discharging a cannon may go up from $400 to $636. While we’re pretty sure that last one is more likely to irk people who attend military ceremonies, we nonetheless take delight in imagining a rambunctious crew of pirates spilling into the board chambers to oppose it.

But this roster of Newsom’s new hidden fees begs an important question: Why is a mayor so adamantly against raising taxes bent on vacuuming more money out of the pockets of small business owners with higher fees? After all, many of these proposed increases will squeeze struggling, Mom-and-Pop businesses just a little tighter. City permits for auto wreckers, billiard parlors, junk dealers, and massage establishments may go up significantly. The fee for taking an EMT course may get higher. Permits for selling food on the street, driving a pedicab, dealing in second-hand auto parts, or operating a shooting gallery could also increase. Even the annual permit fee for street artists (several of whom we wrote about in our Streets Issue) is getting more expensive.
 
The list of fee hikes is on the agenda for Tuesday’s meeting, and was referred to the full board by the Budget & Finance Subcommittee. Supervisors recently proposed a number of new revenue generating measures including a nickel-per-drink tax on alcoholic beverages, an increase to the hotel tax, and a restructuring of the business payroll tax.

“There are no new taxes in this budget,” Newsom declared during a June 1 announcement in which he unveiled his 2010-2011 budget. “I know some folks just prefer tax increases. I don’t.”

But why reject taxes outright and then quietly propose a bunch of fees that will place a higher burden on the individuals they impact?

“No new taxes” may sound like music to the ears of a public awash in financial woes, but Newsom’s hidden fees are not unlike taxes. Under this philosophy, it’s not desirable to ask everyone to pitch in an extra nickel the next time they buy a cocktail, but there’s no problem with asking the bar to fork over hundreds more annually for a health inspection. That doesn’t seem to be as simple as a campaign-ready “no new taxes” slogan, but then again, there’s a reason credit card companies bury their hidden fees in the fine print.

Supreme Court rejects Healthy SF challenge

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The U.S. Supreme Court has decided not to consider a challenge to the Healthy San Francisco program that provides low-cost health coverage to city residents, partially funded by employers who refuse to provide health insurance for their employees, a mandate that prompted a lawsuit from the Golden Gate Restaurant Association.

The decision was a big victory for low-wage workers in the city, as well as California Assembly member Tom Ammiano, who was the driving force behind the program as a member of the Board of Supervisors, taking abuse from the business community for almost a year and holding firm on the need for employers to take responsibility for their employees. Without that mandate, Ammiano successfully argued, businesses that didn’t offer health benefits would enjoy a competitive advantage and their employees’ health care costs would often end up be paid by city taxpayers.

“Today’s Supreme Court decision is an affirmation of San Francisco’s landmark efforts to provide affordable health care to the uninsured. With over 50,000 people receiving health care services and prescription drugs, Healthy San Francisco is a national model for what can be accomplished when the public and private sector work in partnership towards a common goal”, Ammiano said in a prepared statement.

Mayor Gavin Newsom was eventually persuaded to support the mandate and he worked with Ammiano in crafting the final program, which he has since trumpeted as his own while campaigning for governor and then lieutenant governor, for which he won the Democratic nomination.

“The Supreme Court’s rejection of the challenge to Healthy San Francisco is a victory for the 53,000 San Franciscans who have healthcare today through our groundbreaking universal healthcare program. Healthy San Francisco is a model for healthcare reform that works. The High Court’s decision today ensures we can continue providing health care coverage to thousands who would otherwise go without care,” Newsom said in a prepared statement.

Newsom is a former restauranteur and GGRA member, but he did little to dissuade the group from bringing the lawsuit or in urging them to drop it. Many restaurants in San Francisco have taken to adding surcharges on customers’ bills, explicitly citing the increased cost of offering health insurance. But no restaurants that I know of include explicit surcharges for the membership dues they pay to GGRA or the extra contributions some restaurants made to continue pushing this lawsuit after the Ninth Circuit Court of Appeals ruled in the city’s favor.

City Attorney Dennis Herrera, who personally lobbied the Obama Administration to change the federal government stance on whether employer mandates violate federal law, also released a statement thanking the relevant players and singling out businesses that opposed the GGRA lawsuit: “I applaud Assemblymember Tom Ammiano and Mayor Gavin Newsom for their leadership in crafting this policy.  We should be very thankful to the Ninth Circuit Court of Appeals, too, whose thorough decision powerfully affirmed our arguments that Healthy San Francisco’s spending provisions were reasonable, fair and legal.  I would finally express my gratitude to all those from the business community who voiced their support for this program — especially Zazie and Medjool Restaurants, and Nibbi Construction, which filed amicus briefs on our behalf.”

Agnos: “I think Gavin’s gonna lose”

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Former San Francisco Mayor Art Agnos told the Guardian last night that he’d welcome the chance to be appointed a “caretaker mayor” for a year if Mayor Gavin Newsom wins his race for lieutenant governor, but he doesn’t think he’ll get that chance because “I think Gavin’s gonna lose.”

Agnos is one of several names that have been bandied about in the discussions of who the Board of Supervisors might appoint as acting mayor for a year if none of the top candidates running for mayor in 2011 – such as Aaron Peskin, Mark Leno, Leland Yee, or Dennis Herrera – are able to get six votes on the board in January 2010, when Newsom would vacate the Mayor’s Office if he moves on to Sacramento.

“I’m available, but I don’t need it,” Agnos said, noting that he would agree to not run for a full-term in 2011, which would be the main criteria for a caretaker mayor, a concept that would prevent any mayoral candidate from gaining the advantage of incumbency.

But Agnos said that Abel Maldonado, the Republican nominee for lieutenant governor, will be a tough challenge for Newsom, both because he’s a moderate Latino with a compelling personnel story, and because rich Republican gubernatorial nominee Meg Whitman will likely give Maldonado all the money and support he needs so she doesn’t have a Democratic rival as lieutenant governor.

As Agnos told us, “She will give him whatever he need to bury Newsom.”

Kim launches D6 campaign, stressing independence from “machine” politics

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Jane Kim launched her campaign for the District 6 seat on the Board of Supervisors last night during a spirited event at 111 Minna, showcasing some high-profile supporters and giving a speech that began with touting her early work on immigrant rights and homeless issues and ended with the declaration, “I’m not part of anyone’s machine and I’m certainly not a part of anyone’s master plan.”

That emphasis on her independence could be seen as a subtle dig at Debra Walker, another progressive who has been running for the seat for the last two years, who locked down early support from many progressive groups and officials, and whose supporters were unhappy with Kim’s late decision to enter the race, concerned it might split the vote and allow downtown-backed Theresa Sparks — who could be viewed as a “machine” candidate on the other end of the political spectrum — to steal the seat for the moderates.

When I asked what “machine” she meant and whether the comment was a reference to Walker’s supporters, Kim wouldn’t clarify the comment, refusing to criticize the Walker campaign and saying only, “I want to be a part of a new political process.”

And that new process seems to rely heavily on the energy of young people, including many of color, who dominated the crowd last night. Kim also signaled that she will be pushing a fairly bold progressive agenda that includes more city support for schools, Muni, immigrants, and low-income families, and making the streets more vibrant and democratic.

“The mantra of our campaign is to make our neighborhoods complete,” Kim said.

She proposed making substantial pedestian and bicycle improvements on several streets in her district, including 2nd, Folsom, Taylor, and Turk streets, creating more bikes lanes that are separated from car traffic, and turning many of the alleys in her district into more active public spaces. She called for the city to help fund youth programs and a longer school year and to offer more support to small businesses, which she called the city’s most important job generator.

Kim, a civil rights attorney and president of the school board, also emphasized the need to improve the tone of political debate in the city, which she helped accomplish on the school board (whose vice president, Hydra Mendoza, an employee of Mayor Gavin Newsom, was there in support). “People are disillusioned and disappointed with the process and the bickering,” Kim said.

Among Kim’s supporters at the event were Board of Supervisors President David Chiu, former Mayor Art Agnos, filmmaker Kevin Epps, Police Commissioner and immigrant rights activist Angela Chan, transportation activist Dave Synder, and representatives from a wide variety of community groups.

“She has epitomized the progressive values that I think all of San Francisco shares,” Chiu told the crowd, later adding, “She will be a part of the next generation of political leaders of San Francisco.”

“I’m really proud that Jane has put herself out there as a future leader and our supervisor,” said Epps, later adding, “I think Jane really has her ear to the streets.”

Kim pledged to run a clean campaign focused on her issues, and her only supporter to voice overt criticism of Walker was Agnos, who said he was impressed with Kim’s work with him last year in fighting Prop. D, which would have removed mid-Market from the city ban on new billboards, a measure that Walker supported.

“Prop. D for me was a tipping point, and Debra went with the commercial interests,” Agnos told the Guardian.

But Kim, 32, says her reason for running is to help push a progressive vision for the city and bring new blood into the political process.

“I have to tell you, I never wanted to go into politics,” she told the crowd. “But I had the desire to see some real change.”

Environmental groups appeal final EIR on Lennar’s Candlestick/Shipyard plan

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The Sierra Club, the Golden Gate Audubon Society, the California Native Plant Society’ and San Francisco Tomorrow have filed an appeal with the Board of Supervisor’s and the city’s Planning Department over the Planning Commission’s June 3 certification of the city’s controversial final environment report (FEIR) for Lennar’s Candlestick Point/ Hunters Point Shipyard redevelopment project.

The move means that the FEIR, which otherwise would not have come before the Board for review, now heads to the Board for a hearing within 30 days of the group’s June 21 appeal filing. The move also means that the City, which laid out an aggressive schedule for seeking approvals from a myriad of government agencies and departments, cannot seek further approval actions on the project until the Board holds a hearing, which will likely occur on or before July 20.

The San Francisco Bay chapter of the Sierra Club, the Golden Gate Audubon Society, the California Native Plant Society’s Yerba Buena Chapter and San Francisco Tomorrow cited nine major deficiencies in their appeal , but noted that by removing plans to a) build a bridge over Yosemite Slough, b)erect luxury condos on state parkland and b) compromise clean-up efforts at Parcel E2, which is the most polluted land at the shipyard, resolution of many of these disputed issues could be expedited.

“If the Board of Supervisors acts promptly, revisions to the EIR may be made quickly and result in a minimal delay in the progress of the project,” the appeal warns. “Alternately, resolution of many of these disputed issues may be expedited by a decision to remove from the FEIR and Project Plan the provisions for the bridge over the Yosemite Slough, the transfer of land in Candlestick Point State Recreation Area, and compromised clean-up efforts at Parcel E2.”

In their appeal, the four groups noted that they each group and its members represent “a sizeable constituency that has been actively participating in the development of the EIR” for almost a decade and that has conducted or funded studies to inform the Draft EIR and has filed comments to the DEIR and other planning documents.

“Unfortunately, the data, comments and testimony provided by the Appellants and their members have been dismissed or outright ignored by the Planning Department and the developer in this process, resulting in fatal flaws in the FEIR and necessitating this appeal,” the four groups state.

‘Because many portions of the FEIR are inaccurate and incomplete, the Planning Commission erred in adopting several findings and certifying the FEIR,” the appeal concludes. ‘Therefore, we are appealing the FEIR because:
1.    The FEIR failed to adequately analyze an alternate Bus Rapid Transit (BRT) router around Yosemite Slough;
2.    The FEIR failed to adequately assess impacts resulting form the landfill cap on Parcel E2, which is a lower standard for the clean-up than required by San Francisco voters as expressed in Proposition P;
3.    The FEIR inaccurately and incompletely assessed the impacts from transferring approximately 20 acres of public shoreline land in Candlestick Point State Recreation Area to the developer for construction of high-end housing;
4.    The FEIR failed to analyze those elements of the project’s Sustainability Plan that could have significant environmental impacts, including two proposed heating and cooling plants (which appear to be power plants) to serve at least 10,500 units in the Project and a Project-wide recycling collection system;
5.    The FEIR failed to adequately consider impacts to the bird-nesting island component of the Candlestick Point State Recreation Area’s proposed 34-acre Wetland Restoration Project, which is already permitted and planned for construction this year;
6.    The FEIR failed to adequately address impacts to eight MUNI lines, which would significantly increase transit times, increase delays during peak hours, potentially dissuade ridership, and/or require increased service, busses, or drivers;
7.    The FEIR failed to adequately assess impacts resulting from the construction and maintenance of the Project’s underground utility matrix;
8.    The FEIR failed to adequately address the fact that the Project will result in increases in air pollution that will exceed existing air quality standards—indeed even though the FEIR admits exceedences of air quality levels will occur, those statements are underestimates because the FEIR failed to consider that the development in combination with other development plans will result in significant traffic congestion on Highway 101 and Interstate 280 and fore more traffic onto surface streets; and
9.    The FEIR included conclusions based on false, inaccurate and/or biased statements as “evidence,” including (but not limited to) that one cannot have an ‘undisturbed nature experience” in an urban area as a rationale for dismissing impacts that will inevitably result from construction of the bridge over Yosemite Slough and/or the reduction of public land in the Candlestick Point State Recreation Area.

In their appeal, Mike Lynes, Conservation Director Golden Gate Audubon Society, Linda J.Shaffer, Vice President, California Native Plant Society, Yerba Buena Chapter, Jennifer Clary of San Francisco Tomorrow, and Arthur Feinstein, Sierra Club, San Francisco Bay Chapter, promised that each of the abovementioned deficiencies will be further documented by additional submissions to the record prior to a hearing on this appeal by the Board. So, stay tuned.

Bike Plan hearing yields lots of detail but no decision

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The fate of San Francisco’s Bicycle Plan and the four-year-old court injunction against implementing its projects remains unclear following a nearly three-hour hearing today that delved deeply into the minutiae of traffic studies, mitigation requirements, and the dictates of the California Environmental Quality Act.

But Superior Court Judge Peter Busch did make a few things clear, most notably that it’s a legitimate decision for city leaders to give more street space to bikes, even if it slows down cars or Muni. “That’s the policy question that’s not for the court to decide,” he said, cutting off plaintiff attorney Mary Miles’ repeated arguments that the city shouldn’t be favoring bicyclists because they are a minority of road users. He later repeated the point: “I don’t get to decide that the Board of Supervisors’ policy is misguided.”

The issue at hand – which was argued to a level of detail that only a lawyer or traffic engineer could really appreciate – was whether policymakers had the benefit of a full analysis of all the various impacts and options before they unanimously decided to certify the four-volume EIR and green light 45 of the 60 near-term bike projects it studied.

“The analysis had to occur before the city approved the project,” Miles, who sued the city along with anti-bike activist Rob Anderson back in 2005, told the court today, charging that “there’s no mitigation or analysis in the EIR” that their suit forced the city to prepare and adopt last year.

Deputy City Attorney Audrey Williams Pearson strongly disagreed, asserting that “one of the great things about this EIR is the breadth of alternatives studied” and noting, “For complicated projects, caselaw is clear that it’s almost impossible to eliminate all impacts.”

And this is certainly a complicated case, as all sides acknowledged. Part of the reason for that was the city’s 2004 decision to mention dozens of specific projects in the plan – a legal strategy some bike activists have criticized – without doing a full EIR, which has proven to be a complicated endeavor that took two years and blazed a new regulatory trail because of all the intersections and factors it needed to study.

“There probably has never been an EIR for a project like this. This is a strange project to prepare an EIR for,” Busch acknowledged, noting the difficulty in deciphering what is then legally required by CEQA. In the end, he gave no indication how he was leaning, asking both sides to submit proposed orders by July 6 and responses to those orders by July 13, meaning that it will likely be at least another month (and up to 90 days) before we have a ruling.

But Busch certainly didn’t seem to buy Miles argument that this was a fatally flawed study that did little to study alternatives or mitigation measures, which she charged was a gross violation of CEQA and abuse of the city’s discretion.

Miles seemed to be throwing out a wide range of accusations hoping that something would stick, belittling every city claim to have diligently looking at alternatives and employing hyperbole and sweeping denunciations with such regularity that Busch finally challenged her on it.

“That’s such an over-argument it leaves me wondering about the rest of your argument,” Busch said after Miles asserted that the voluminous EIR contained no references to any of its underlying studies and source data.

Busch also noted the contradiction between her complaints that the EIR didn’t include all the traffic count data that went into its formulas for determining changes to the level of service at intersections and her complaint that the EIR was too big and unwieldy. “So you’re saying the info should have been added to what you say is already an overlarge EIR?” Busch asked.

Later, he took Miles to task for advocating that the threshold the EIR used for determining whether delays to Muni service rose to the level of a significant impact should have been the subject of separate public hearings, just as she argued that virtually every detail in the plan should have been explicitly laid out in full detail and subject to challenge.

“You’re describing an endless process that would be impossible to comply with,” Busch told Miles.

In fact, Pearson said CEQA specifically says such fine details shouldn’t be in EIRs. For example, while the EIR discusses impacts to the level of service at every intersection affected by the plan – a complicated formula involving 30 different data points, which were in a Transportation Impact Study that the EIR referenced – she said it didn’t need to all be in the EIR. “If this detail was in the EIR, it would turn the four-volume EIR into an eight-volume EIR,” she said.

Miles challenged the city on not going into that same level of detail in justifying why potential mitigation measures for each impact weren’t included in the EIR, something Pearson argued isn’t legally required (although she did trip up in citing a case that did require such analysis, saying that court ruling was wrong and earning a rebuke from Busch, who said it’s not in his power to overrule a higher court’s ruling).

Pearson also noted that for all the complaints about not studying enough alternatives, neither Miles nor Anderson have suggested any. “I think it’s telling that the petitioners haven’t come up with a single alternative that we should have looked at,” Pearson said before acknowledging the point by Miles and Busch that’s not incumbent upon petitioners in cases like this.

But Pearson seemed more persuasive when she noted that in a built out city, there’s only so much the city can do to find creative ways to offset the traffic impacts of giving more space to bikes. “This is not your typical project. We are not working on a blank slate. We are working within the constraints of the city’s existing roadways,” Pearson said.

In the end, Busch asked both sides what the remedies might be if he finds some flaws in the EIR, expressing a desire to wrap this case up without extending the current wide-ranging injunction against all bike projects. But Anderson said the hearing gave him hope that the judge might not let the plan proceed without more work: “It’s taken longer than I thought, which tells me he has some serious concerns.”