City Attorney Dennis Herrera

SF vs. Frank Lembi

0

news@sfbg.com

One of San Francisco’s largest and most notorious landlords and the many shell corporations under his control have been withholding money from their tenants, the banks that financed their rapid real estate acquisitions, and even San Francisco’s public treasury.

But while the banks have acted, seizing property from the delinquent borrowers, city officials have let Skyline Realty, CitiApartments, Lembi Group, and related corporations stonewall the city and pay far less property taxes than they should have owed, depriving city programs of hundreds of thousands of dollars.

The various corporations run by real estate mogul Frank E. Lembi (who has not returned our calls seeking comment) have earned a terrible reputation in San Francisco, even as they’ve expanded their rental property holdings in recent years.

An award-winning, three-part Guardian series ("The Scumlords," March 2006) documented how the companies used intimidating goons and an arsenal of nefarious tactics meant to drive out low-income tenants from rent-controlled units, prompting City Hall hearings and an ongoing lawsuit against the enterprise by the City Attorney’s Office.

Then, earlier this year, many tenants joined a class action lawsuit against the Lembi enterprises, alleging the landlords have been illegally withholding deposits from departing tenants as a routine business practice, even after admitting that the tenants were entitled to full refunds (see "CitiApartments once again accused of mistreating tenants," Politics blog, July 15).

Attorneys for the firm Seeger Salvas LLP filed the complaint, which tells several appalling stories, including that of Joy Anderson. When Anderson went to retrieve the deposit she was owed, CitiApartments employees allegedly threatened her in front of her eight-year-old son, telling her that if she wanted her money back, she should talk to a lawyer.

Yet in that lawsuit and the one filed by City Attorney Dennis Herrera, which deals with harassment of tenants and other business practices that the city contends are illegal, Lembi’s empire has refused to cooperate, employing a variety of delay tactics. The city’s lawsuit has been stuck in the discovery process for years.

A court filing by the city alleges Lembi’s enterprise has participated in "well over a year of discovery gamesmanship." New counsel for the defendants has promised to speed things up, but Herrera told us it is still an ongoing battle. "It has been incredibly hard to get documents and information in this case. He’s been stonewalling us," Herrera told the Guardian.

Seegar Salvas attorney Brian Devine said six defendants named in his complaint didn’t respond to discovery requests and were found to be in default by the judge, meaning they basically opted not to contest their culpability. Meanwhile, 75 other defendants did respond but haven’t turned over any documents to the plaintiffs, dragging out the discovery process.

"It’ll take sometime for anything to happen," Devine told us. "There’s no Matlock moment where it all comes to a head. There are a lot of procedures to go through."

And apparently the Lembi enterprises know a little something about how to use legal and bureaucratic procedures to hang onto their money for as long as possible, judging from how they’ve worked the process to avoid paying the full amount of property taxes on their holdings.

At last count, there were 13 property foreclosure lawsuits pending on Lembi properties because he couldn’t pay the loans. The banks have seized many of his properties and started selling them off. But while the banks are getting their due, the Assessor’s Office and city taxpayers seem to be getting stiffed.

Lembi has been on the radar of city officials for quite awhile, but he is still managing to avoid getting some of his recently purchased properties reassessed, according to a Guardian investigation of city records. For example, one Lembi-controlled corporation — Trophy Properties X — snatched up a Russian Hill parking garage for $4.7 million in 2007.

Under Proposition 13, that property should have been reassessed when it was purchased, but it wasn’t. The current taxable price tag on the property is still slightly more than $443,000, a gap that costs the city upwards of $50,000 a year in taxes.

In general, property is reassessed at fair market value when there is a change in ownership, increasing the taxes owed on the property. According to the California Board of Equalization, the purchase price is the basis for reassessed value in most cases, although officials can also take into account comparable sales and other factors to increase value even more.

Yet nearly three years later, this property still hasn’t been reassessed.

Assessor-Recorder Phil Ting told the Guardian the reason for the delay is because Lembi hasn’t been cooperative in providing the information needed to do a reassessment. We obtained an October 2007 letter sent out by the Assessor’s Office requesting Lembi’s limited liability corporation provide information on the acquisition of the property and statistics on the garage itself. That letter and others went unanswered.

Common sense suggests that the sale price be used to reassess the garage and be done with it. Yet Ting said he fears that using that price would result in an inaccurate reassessment, which in turn might screw up the amount of taxes the city could ultimately collect. Then again, simply waiting on the unresponsive Lembi enterprise has resulted in less taxes being collected on the parking garage last year and again this year, according to public tax records.

"We try to get it right the first time. If we don’t get it right the first time, then oftentimes it creates a lengthier appeals process and a much lengthier, more adversarial [relationship] between us and the taxpayer," Ting said. "We absolutely don’t want to reassess that property too low because of Prop. 13. You only get one chance, so you have to be high."

Ting told us that the only recourse he has with an uncooperative taxpayer like Lembi is to reassess using information from similar properties in the same area. Once this is done, the negligent taxpayer can either agree with or challenge the new market value, a move that would switch the burden to Lembi. But that wasn’t done for the Russian Hill parking garage.

"That’s the only recourse we have, meaning that we can’t fine them; we can’t subpoena them; we can’t force them to give us the information," Ting said. "By law, they’re supposed to give us the information. But there are no real enforcement powers behind it."

According to Section 480 of the Revenue and Taxation Code, the assessor does have an option and can levy a penalty if a property owner fails to file a change in ownership statement, which can be up to 10 percent of the taxes due on the newly appraised value.

Several other Lembi-controlled properties have been reassessed recently after a delay, including 19,650-square-foot apartment building down the street from the parking garage at 2238 Hyde St. Before the reassessment, the property was valued at a little over $1 million. The current value is $11.7 million, which amounts to a tax bill of more than $137,000 this year.

Lembi bought the building in December 2005, and the Assessor’s Office got in just under the wire of the four-year statue of limitations for reassessments. Last year the taxes paid on the building came to a little more than $13,000, based on its previous $1 million value.

Then there is the 31,812-square-foot apartment building on 1735 Van Ness Ave. that Lembi bought back in June 2006. According the city records, the taxes paid last year on the property were nearly $48,000 based on a market value of $3.9 million. Recently the building was reassessed with a value of $9.6 million. This year’s taxes amount to more than $114,000. Whether or not the Van Ness Avenue building is a case in which the Lembi Group also withheld information is currently being looked into by the Assessor’s Office.

Yet on the Russian Hill parking garage, Lembi is still getting away with withholding the necessary documents for an accurate reassessment — and time is running out. In a little over a year, the statue of limitations runs out and the city will no longer be able to collect anything from Lembi.

Further complicating the city’s efforts to collect is the fact that some other the properties in question have been foreclosed on.

When the Russian Hill garage and other Lembi properties went back to the banks, the Assessor’s Office looked into what could be done to collect the city’s lost revenue. Its solution: a transfer tax. But that was not an option because the bank held the main mortgage, so it wasn’t considered a change of ownership.

Even though the parking garage and other properties have slipped out of Lembi’s control, he is still responsible for the taxes on them during his period of ownership, according to Ting. But given the experiences of others who have tried to collect money from Lembi, that could be a long, expensive process.

While the Lembi enterprises may be stingy in giving the city and tenants their money, they haven’t had a problem making political campaign contributions. Taylor Lembi, grandson of Frank, gave $500 to Mayor Gavin Newsom’s reelection campaign in 2006, according to public campaign contribution records, although Newsom’s campaign offices returned the money exactly two months later (Newsom’s campaign office didn’t respond to our questions about the contributions or reason for returning it).

Skyline Properties, parent of Skyline Realty, also donated $100 to Newsom’s initial mayoral campaign in 2003, and supported Mayor Willie Brown before that. Lembi continues to be a prominent landlord, the subject of a sympathetic profile by the San Francisco Apartment Association in August 2008.

Yet with lawsuits mounting, the banks foreclosing, and the real estate market slumping, the multigenerational Lembi empire that once controlled more rental units in San Francisco than any other entity appears to be in trouble.

And lest anyone slide under its control unaware, the Lembi empire’s many enemies have organized into a group called CitiStop, supported by groups that include the San Francisco Tenants Union and Pride at Work, which argues that "nothing frightens CitiApartments more than knowledgeable tenants."

www.citistop.live.radicaldesigns.org/index.php

www.sfaa.org/aug2008/0808chapleau.html

Wake up, City Hall – and get moving on CCA

0

EDITORIAL San Francisco’s chance to create a semblance of public power, through community choice aggregation, faces a devastating threat from Pacific Gas and Electric Co. — and the city needs to move with a sense of real urgency to get this program off the ground.

CCA would allow San Francisco to buy electric power in bulk and sell it to customers at a reduced cost. It wouldn’t create a true public-power system — PG&E would still own the transmission facilities. And while customers would see price breaks, the city wouldn’t make much money off the deal. But it would be a major step toward breaking PG&E’s illegal monopoly.

The giant private utility desperately wants to avoid that, but right now its options are limited: The state law that authorizes CCAs, written by then-state Sen. Carole Migden (D-San Francisco), bars utilities from interfering with or trying to shoot down community attempts are creating the buying coops. So PG&E is paying to collect signatures for a statewide ballot initiative that would mandate a two-thirds vote before any city, county, or public agency can attempt to create or expand a public-power utility.

We all know what the two-thirds vote requirement has done in Sacramento — it’s paralyzed the Legislature. The PG&E initiative would do the same thing, making it almost impossible for any community to get rid of the dirty, high-priced power the utility peddles.

It’s going to take a huge statewide effort to defeat that initiative, and San Francisco — the only city with a federal mandate for public power — ought to be leading the way. Sup. Ross Mirkarimi has been pushing the issue, and the supervisors have passed a resolution opposing the measure. That’s a start, but city officials need to do a lot more. We suspect the initiative may violate Midgden’s law — by any reasonable standard, PG&E is interfering with the rights of local government here — and San Francisco City Attorney Dennis Herrera is investigating the issue. He needs to move aggressively and quickly to determine whether the city has a legal case that could get the measure thrown off the ballot. If so, he needs to connect with city attorneys in other public-power cities and launch a full-scale legal assault.

But if it looks as if a legal strategy won’t fly. Herrera, Mayor Gavin Newsom, the city’s state Legislative delegation and every other elected official in San Francisco needs to be speaking out against the measure — and working to set up a statewide coalition that can raise money to defeat it. The measure can’t be fought just with a few press conferences and statements of support — every public-power city, including Los Angeles, Sacramento, and Santa Clara, needs to be on board, with a high-profile campaign committee and public officials across the state holding fundraisers and looking to build a war chest in the millions of dollars.

And in the meantime, San Francisco absolutely must be moving at full speed to get its own CCA measure passed, in place and under way before this initiative gets on the ballot. For several years now, the San Francisco Public Utilities Commission has been dragging its feet on CCA, and General Manager Ed Harrington is hardly making it a top priority. That has to change, now. Mirkarimi, as chair of the board’s Local Agency Formation Commission, is pushing the PUC to get the process moving, and the mayor, who claims to support CCA, needs to direct Harrington to press forward as if there were a hard deadline of next spring for implementation. Because if the PG&E measure makes the spring 2010 ballot, and wins, San Francisco’s program will have to be fully under way — or it will be dead.

Other than Mirkarimi, who is trying to organize statewide opposition, nobody at City Hall seems to be taking this threat seriously. It’s time to wake up, folks — the future of public power, and all the benefits it could bring San Francisco, is on the line. *

Obama to decide Healthy San Francisco’s fate?

0

By Steven T. Jones

The US Supreme Court has delayed a decision on the Golden Gate Restaurant Association’s legal challenge to the Healthy San Francisco program, instead asking for the Obama Administration’s opinion on whether the required employer contributions that fund the universal health care plan violate federal law.

The GGRA suit contends the employer mandate violates the Employee Retirement Income Security Act (ERISA), a view that was supported by the Bush Administration but opposed by the city and the Ninth Circuit Court of Appeals, whose ruling against GGRA the Supreme Court is deciding whether to hear, a decision that had been expected today. President Barack Obama has publicly cited Healthy San Francisco as a model for health care reform and City Attorney Dennis Herrera has personally lobbied the administration to reverse the previous administration’s position, and now the court wants a formal opinion from Obama’s Solicitor General Elena Kagan.

“The Bush Labor Department’s position was not simply wrong as a matter of law, it was wrong for fundamentally ignoring the urgent need for health care reform,” Herrera said in a public statement. “I am hopeful that the new administration will not take such a knee-jerk position, but will instead thoroughly review the legal and policy implications of the case.”

Pushing back against Newsom’s leaked memo war

3

Text and photos by Sarah Phelan

Remember how Mayor Gavin Newsom leaked a confidential City Attorney memo about the implications of Sup. David Campos’ proposal to extend due process to undocumented youth?

And how Newsom made everyone else wait two weeks before deigning to release said memo, even though he told the Guardian that he had every right to waive his attorney-client privilege and distribute the Campos memo to whomsoever he pleased?

Well, this week a number of folks are preparing to file complaints with the Sunshine Taskforce a) about the Mayor’s Office’s selective release of this memo and b) his office’s subsequent refusal to release any other communications related to the leak.

And today, a group of civil rights organizations released a legal brief that responds to City Attorney Dennis Herrera’s leaked memo on the city’s immigrant youth policy. (You can read the brief in full here.)

Also today, Sup. David Campos participated in a tele-press conference in which legal experts and professors explained why Campos’ proposed amendment, which has an Oct. 5 hearing before the Board of Supervisors’ Public Safety Committee, is legally tenable and defensible.

And along the way, Campos and these experts, who included Angie Junck of the Immigrant Legal Resources Center, Robert Rubin of the Lawyer’s Committee for Civil Rights, Julia Mass of the American Civil Liberties Union (ACLU) of Northern California, Professor Bill Ong Hing of UC Davis Law School and Angela Chan of the Asian Law Caucus, succeeded in debunking a number of myths about the Campos amendment.

As the brief explains, the Campos’ proposal, “will allow immigrant youth to have their day in court and be heard by an impartial judge, ensuring due process is upheld for all of San Frnacisco’s youth,” “ensure that families are not torn apart because a youth is mistakenly referred for deportation,” “encourage cooperation between law enforcement and immigrant communities by reestablishing a relationship based on trust and therefore increasing public safety,” “lessen the risk that the city will be liable for racial profiling, unlawful detention and mistaken referrals of U.S. citizens and lawful immigrants for deportation,” and “bring the city’s juvenile probation practices into compliance with state confidentiality laws for youth.”

And as today’s brief further explains, the Campos proposal won’t prevent referral to ICE of youth who have sustained felony charges and won’t put the sanctuary ordinance at risk.

“The sanctuary ordinance has stood strong for twenty years, and the proposed amendment strengthens the ordinance by taking steps to bring the city’s practices more into compliance with state juvenile justice law,” states the civil rights brief, which was prepared by the Asian Law Caucus, Legal Services for Children, Lawyer’s Committee for Civil Rights of the San Francisco Bay Area, Immigrant Legal Resource Center, San Francisco Immigrant Legal & Education Network, and the San Francisco Immigrant Rights Defense Committee.

“In short, the legislation is a measured step in the right direction that will help restore accountability and fairness in the City’s treatment of immigrant youth.”

And as Campos told reporters today, his proposed amendment, “ is something we drafted very carefully in close consultation with the City Attorney’s office.”

The mayor’s race begins

9

By Tim Redmond

So now it’s official: Just when San Francisco political junkies needed something other than the generally dull November election to talk about, Bevan Dufty has done us all a favor and fired the opening gun in the 2011 mayor’s race.

It’s no surprise, really — everyone knew that Dufty was running. Just as everyone knows that City Attorney Dennis Herrera and state Senator Leland Yee will be in the race, and that Assessor Phil Ting is looking at it, and that Sup. Ross Mirkarimi and Public Defender Jeff Adachi are mulling their prospects.

With public financing in place, and ranked-choice voting, the race will be fascinating. Dufty has never run citywide, but he’s a nice guy who can be funny and charming and he’s built a reputation as a nuts-and-bolts supervisor who takes government seriously. “Ross Magowan [of KTVU] asked me what my biggest single issue was, and I said Muni,” Dufty told me today. “He said that Muni was getting better, but hey — crime is down 30 percent citywide and still up on Muni.”

Fixing Muni is a Dufty kind of thing — not a grand civic vision, but a basic public service that people use that has problems. (A classic Dufty story: When the city got rid of the crossing guard at the school my kids go to a couple of years ago, which is in Dufty’s district, the principal called Dufty, and the guard was back the next day. He loves that sort of thing.)

“What I try to be is a collaborator,” he said. “I’ve never had the luxury of knowing I had six votes on the board, so I’ve had to reach out to people.”

He also promised that Mayor Dufty would always show up for question time at the board. He joked that “it’s easy for me to promise that because Chris Daly will be off the board by them” but in the next breath told me how much he likes and respects Daly, who he called “incredibly talented.” (Again, classic Dufty.)

It’s going to be a challenge for him to stand out in this race. He’s not going to get a lot of progressive support; he simply hasn’t been there on a lot of progressive votes and issues. It’s rare to see him defy Mayor Newsom and he’s been on the wrong side of many of the key battles of the past ten years.

He has a lot of support in his district, and among the more centrist parts of the gay community. But he’s not a big downtown guy, not a prodigious fundraiser and won’t be the next Newsom, who ran the first time with the unwavering support of the big-business community and all the money he could ever need.

And Herrera and Yee — both with a proven track record of raising money, both with citywide name recognition — will also be sitting in that political center. Neither of them can claim the support of the majority of the progressive supervisors (although Herrera will no doubt have former Board President Aaron Peskin on his team).

If Mirkarimi or Adachi runs, they’ll take the left flank. Yee will be the more conservative candidate, especially when he’s working the west side of town. I don’t see how Dufty finds his niche.

He doesn’t either, right now — except to say that “I’m not running for anything else. I have no desire to go to Sacramento or Washington. I’m humble and I’m going to run a grassroots campaign.”

What he has, clearly, done is given a kind of shit-or-get-off-the-pot push to the other candidates. The race is a long way away, but with Dufty out there, raising money and seeking endorsements, Mirkarimi is going to have to decide if he’s serious, and if not, the progressives are going to have to decide if Adachi is their man, and the race is going to start firming up. There won’t be a Matt Gonzalez late entry this time around. What you see is what you get, and the late-comers will be at a disadvantage.

Stopping PG&E’s fraudulent initiative

0

EDITORIAL A ballot measure that could spell the end of public power in California is headed for either the spring or fall 2010 ballot — and so far, the opposition is missing in action. This is a profoundly important issue, and every elected official, city council, board of supervisors, and utility agency in the Bay Area needs to immediately come out in opposition and start organizing to defeat it.

The source of the proposition, of course, is Pacific Gas and Electric Co. PG&E is facing political wildfires all over the state as communities rebel against bad service and high rates. In Marin County, a community choice aggregation (CCA) plan is moving along, full speed. In San Francisco, CCA is a little slower, but still on track. These efforts could turn two of PG&E’s most profitable territories into public power beachheads. Meanwhile, in San Joaquin County, a public power movement is trying to take over part of PG&E’s service area, and PG&E just spent millions of dollars fighting a similar effort in Davis.

So the utility has decided to fight back — not just in the local communities where activists can beat PG&E back, or in the state Legislature, where the giant company has fewer and fewer friends, but with a ballot initiative that has a misleading name, a misleading political message — and tens of millions of dollars to back it up.

Signature-gatherers are out in force already, collecting names for a measure called "New two-thirds requirement for local public electricity providers." The paid petition crews are describing it as a "right to vote" measure, giving the public a chance to weigh in on government action.

What the measure would really do is require a two-thirds affirmative vote before any public power agency could add new customers, or any local agency could get into the power business. It would force the existing CCA movements to get two-thirds of the local voters to approve their efforts.

That’s an almost impossible standard — particularly when PG&E spends millions to block public power efforts everywhere they appear.

The two-thirds voting requirement is increasingly being assailed as undemocratic. The state Legislature has been paralyzed by its own two-thirds requirement for passing a budget, and there are multiple moves to reduce that threshold. The two-thirds mandate for passing local taxes has been widely blamed for driving cities and counties to the brink of fiscal ruin.

And yet PG&E is trying to add a new, crushing mandate — aimed entirely at snuffing out public power advances. The impact on the state will be enormous. As Megan Rawlins reports on page 8, high PG&E rates and the lack of public power cost the San Francisco economy alone as much as $2.8 billion a year. Multiply that by a factor of 10 or 20, and you see what a devastating financial blow this PG&E move would be to California’s crumbling economy.

So where, exactly, is the opposition?

Sup. Ross Mirkarimi called a meeting last week at the offices of the Utility Reform Network (TURN) to try to get other public power communities involved in a statewide campaign. But it’s been slow going.

That’s not going to work. Every elected agency in the Bay Area needs to get this on the agenda — now. Every city official (starting with Mayor Gavin Newsom, who wants to be governor) and every state official (starting with Attorney General Jerry Brown, who also wants to be governor) needs to loudly and publicly denounce this move, help establish a high-level coalition to beat it back, and start raising money for the campaign.

There may be a legal strategy, too. The law that authorized cities and counties to set up CCAs bars PG&E and other private utilities from interfering with local CCA efforts — and it’s pretty clear that this initiative is designed to do exactly that. City Attorney Dennis Herrera needs to immediately investigate the possibility of suing to get this disastrous initiative off the ballot. *

Editorial: Stopping PG&E’s fraudulent initiative

3

Every elected official, city council, board of supervisors, and utility agency in the state needs to immediately come out publicly in opposition to the initiative and start organizing to defeat it. San Francisco elected officials, including City Attorney Dennis Herrera, need to lead the charge since San Francisco is the only city in the U.S. mandated by federal law to have public power (which it doesn’t have, thanks to PG&E’s corrupting influence through the decades.)

EDITORIAL A ballot measure that could spell the end of public power in California is headed for either the spring or fall 2010 ballot — and so far, the opposition is missing in action. This is a profoundly important issue, and every elected official, city council, board of supervisors, and utility agency in the Bay Area needs to immediately come out in opposition and start organizing to defeat it.

The source of the proposition, of course, is Pacific Gas and Electric Co. PG&E is facing political wildfires all over the state as communities rebel against bad service and high rates. In Marin County, a community choice aggregation (CCA) plan is moving along, full speed. In San Francisco, CCA is a little slower, but still on track. These efforts could turn two of PG&E’s most profitable territories into public power beachheads. Meanwhile, in San Joaquin County, a public power movement is trying to take over part of PG&E’s service area, and PG&E just spent millions of dollars fighting a similar effort in Davis.

Update on effort to close Potrero power plant

2

By Rebecca Bowe

The California Independent System Operator (ISO), a quasi-governmental body that oversees the state’s electric grid, held a hearing about San Francisco’s Mirant Potrero Power Plant on Friday to decide whether the polluting facility should be required to stay in operation through next year.

The hearing came about a month after City Attorney Dennis Herrera struck a deal with Mirant to shutter the entire plant by the end of 2010. That agreement will only stick if the ISO is willing to release the plant from a Reliability Must Run (RMR) contract, which has kept it in operation for decades despite opposition from San Francisco elected officials.

In short, the ISO indicated that it would be willing to release Unit 3 — which represents the lion’s share of the power plant’s emissions — from the RMR contract by spring of 2010, but it still hasn’t budged on the smaller, diesel-fired units known as 4, 5, and 6.

We received this detailed update from Joshua Arce, executive director of the Brightline Defense Project, who attended the hearing.

I would summarize by saying that environmental and community groups saw movement from ISO, but we think they can do better.

Restoring the sanctuary

0

MORE AT SFBG
>>San Francisco groups launch campaign for federal immigration reform

sarah@sfbg.com

The week started off in celebratory mood for members of the local immigrant rights community who attended an Aug. 18 rally outside City Hall to support legislation by Sup. David Campos that would extend due process rights to immigrant youth. And it ended, as this issue has a way of triggering, in controversy and division.

"Si se puede," chanted the crowd, hoping that "yes, we can" reform city policies on deporting undocumented young people accused of crimes before their trials. Dozens of immigrant and civil rights leaders representing 70 community groups made powerful speeches, buoyed by the knowledge that seven other supervisors — John Avalos, Chris Daly, Bevan Dufty, Eric Mar, Sophie Maxwell, Ross Mirkarimi, and Board President David Chiu — support the proposal, giving Campos the eight votes needed to override a mayoral veto of his proposed legislation.

Campos, an attorney who came to the United States as an undocumented teenager from Guatemala, told the crowd that he hopes to ensure that undocumented juveniles can only be referred to federal authorities for deportation after a court finds that they have committed a felony.

The Campos proposal, which was introduced during a week-long effort to revive immigration reform efforts at the federal level, seeks to amend a policy shift that the Mayor’s Office rammed through last summer after somebody leaked confidential juvenile criminal records to the San Francisco Chronicle.

Those leaks revealed that city officials had been harboring adolescent crack dealers instead of referring them to Immigration and Customs Enforcement (ICE) for deportation. Within days, Mayor Gavin Newsom — who had just announced his gubernatorial bid — ordered a change in policy.

In the year since that shift took place, city officials have reported an estimated 180 to 190 youths to ICE. But immigrant rights advocates say Newsom has refused to meet with more than 70 local community organizations to hear their concerns about how the change in policy violates due process rights.

"I hope Newsom will look at this proposal and see it for what it is: a balanced and measured process grounded in the values of San Francisco," Campos told his supporters, noting that his proposal does not seek to revert to the city’s original policy, under which no youths were referred to ICE, even when there was misconduct.

Instead, Campos’ proposal seeks to reform the policy that Newsom ordered and the city’s Juvenile Probation Department implemented last July without public debate. As Avalos observed at the Aug. 18 rally, "The policy that was introduced last year only produced a semblance of public safety. It caved in to the politics of intolerance. It was not in line with the city of St. Francis. A veto-proof majority has made sure this legislation passes. Young people deserve better."

But the next day, the mood in the immigrant community soured as they learned that the Mayor’s Office had leaked to the Chronicle a confidential memo from the City Attorney’s Office about the legal vulnerabilities of Campos’ proposed legislation. The paper ran a long, high-profile story on the memo along with critical quotes from Newsom, Police Chief George Gascón, and U.S. Attorney Joseph Russoniello.

As of press time, the Guardian had not been furnished a copy of the leaked memo. But it reportedly warns that passage of Campos’ legislation could jeopardize the city’s defense against the Bologna family, who claim that the city’s policy allegedly allowed Edwin Ramos, now 22, to kill Tony Bologna and his two sons last year. It also reportedly cautions that the Campos proposal could affect city officials who are being probed by a federal grand jury on whether the city’s previous policy violated federal law.

Missing from the Chronicle‘s coverage was any mention that the Ramos case is stalled, with Ramos claiming that he drove the car but did not fire the fatal rounds in the Bolognas triple slaying, and that the shooter has gone underground and is believed to have fled the country.

Nor did the Chronicle note that a committee vetting potential nominees for U.S. Attorney for Northern California has forwarded three names for Sen. Barbara Boxer to consider — Melinda Haag, Matthew Jacobs, and Kathryn Ruemmler. Russoniello, who launched this grand jury investigation and has been openly hostile to San Francisco’s sanctuary city policies, could soon be replaced.

And the Chronicle only dedicated one sentence to another legal memo — a 20-page brief prepared by the American Civil Liberties Union, the Asian Law Center, the Immigrant Legal Resource Center, the Lawyer’s Committee for Civil Rights, Legal Services for Children, and the San Francisco Immigrant Rights Defense Committee. Their memo was prepared to support Campos’ contention that Newsom’s new policy exposes the city to lawsuits, undermines confidence in the police, subverts core progressive values, ignores differences between adults and minors, and violates the city charter.

"In its haste to respond to media stories, the Mayor’s Office and JPD acted precipitously, usurping the role of the Juvenile Probation Commission under the City Charter and failed to abide by the measured approach embodied in the City of Refuge Ordinance," contends the civil rights memo.

The authors of this civil rights memo note that they repeatedly shared their concerns with the Mayor’ Office, JPD, and the City Attorney’s Office about the new policy — which, they observe, "was crafted behind closed doors and hastily adopted in 2008 without a public hearing."

"Yet the Mayor’s Office and JPD have rejected our invitation to work collaboratively with community partners to ensure that the youth are not referred for deportation based on a mere accusation or an unfounded suspicion, and to protect the city from exposure to liability for erroneously referring a youth who is actually documented for deportation," the civil rights memo states.

The civil rights memo recommends that youths not be referred to ICE until five conditions are met: the youth has been charged with a felony; the youth’s felony delinquency petition has been sustained; the youth has undergone immigration legal screening by an immigration attorney; JPD has comprehensive policies to minimize the risk that the youth will be erroneously referred to ICE because of language barriers; and the probation officer makes a recommendation to the court and the court agrees that ICE should be notified.

Reached shortly after the Mayor’s Office leaked the City Attorney’s confidential memo, Campos expressed shock at the manner in which it was released. "It’s an elected official’s obligation to protect the city, and elected officials also have a fiduciary duty," Campos said.

Confident that his legislation is legal, Campos observed that "legal challenges are a reality any time you try to do anything about immigration.

"But it’s interesting that we are talking about fear of being sued, when San Francisco has a long and proud history of facing legal challenges when we believe that we are correct," he added, pointing to the city’s willingness to fight for same-sex marriage, domestic partner benefits, and universal health care.

"The very same people who say that they are afraid of being sued here had no problem defending those issues," Campos said. "Perhaps it is not so popular to defend the right of an undocumented child as those other issues. But that does not negate the fact that we are right on this issue. We should stand up for what is right and we should not be afraid of litigation."

Avalos was equally appalled by this seemingly unethical leak by the Mayor’s Office. "I thought we just had something to celebrate, having a rally to support David Campos’ legislation and now we have memos being leaked," Avalos said. "It’s unfeeling at best. By leaking a confidential memo that contains privileged attorney-client information, you are undermining the city’s legal position on an issue. And obviously you are putting your personal career interests over the city. If the mayor’s political position is more important than the welfare of the city, that’s pretty worrying to the Board of Supervisors."

The City Attorney’s Office responded to the leak by issuing another memo, this time outlining the legal and fiscal perils of leaking attorney-client privileged materials. "Confidential legal advice is not intended to be fodder in political disputes," City Attorney Dennis Herrera stated, noting that he was "not aware of a city official or employee who has acknowledged responsibility for the disclosure."

And, initially, no one in the Mayor’s Office took responsibility for the leak.

"It is my understanding that the Chronicle got it from a confidential source," Newsom Press Secretary Nathan Ballard told the Guardian, claiming that "the Campos bill paints a target on us and puts our entire sanctuary city policy at risk."

But by week’s end, pressure was building on Newsom to reveal whodunit.

"While I welcome the issuance of the City Attorney’s legal guidance reminding the Mayor’s Office and the Board of Supervisors of their obligation to keep attorney-client privileged information confidential, a thorough investigation is needed to hold those responsible accountable," Avalos stated, asking the City Attorney’s Office and the Ethics Commission to get involved.

Shortly after Avalos asked for an investigation, I covered the swearing-in ceremony for Gascón at City Hall, during which Gascón told the assembled that "safety without social justice is not safety."

Struck by the chief’s words, I asked the mayor if he was concerned about the apparent breach of security that occurred in his office when the memo was leaked. Newsom responded angrily, noting that clients, in an attorney-client privilege arrangement, can release memos if they so choose.

"So, you did leak the memo to the Chronicle?" I asked.

"I handed it," Newsom answered, pausing to look at Ballard, "to some of my people." Chronicle reporter Heather Knight was also there and wrote in a story published the next day that Newsom "authorized the leak."

When I asked if leaking the memo was a preemptive strike against the Campos legislation, the mayor went into a rant about how Campos’ proposal could open the city to the threat of lawsuits and the loss of the entire sanctuary ordinance.

But concerns about lawsuits didn’t stop Newsom from pushing for same-sex marriage in 2004. When I asked Newsom to explain this disparity, he dismissed my question and Ballard announced it was time to move along.

Angela Chan, staff attorney with the Asian Law Caucus, challenged Newsom’s claim that Campos’ legislation puts the city’s entire sanctuary ordinance at risk, telling the Guardian, "It’s a false ultimatum."

Newsom’s leak

0

EDITORIAL At the heart of the conflict over Sup. David Campos’ recent sanctuary legislation is a basic issue of civil rights: Should a young San Francisco immigrant arrested by the local police be treated as innocent until proven guilty — or should that person face deportation, even if the arrest is bogus and no formal charges are ever filed?

All Campos wants to do is establish that an arrest is not a conviction — and, as anyone who works with youth or immigrants in the city knows, thousands of innocent people are picked up by the police every year, sometimes because of simple mistakes, more often because the local cops have a propensity to arrest young people of color in disproportionate numbers.

And under current city policy, anyone arrested on felony charges who lacks proper documentation can be turned over to federal immigration authorities. And even if the suspect turns out to be innocent, he or she can be deported. That’s not fair, not consistent with the city’s sanctuary policy — and, according to the ACLU, not legally defensible.

But Mayor Gavin Newsom, not content with arguing the merits of the legislation (a battle he would clearly lose), has taken the remarkable step of leaking to the San Francisco Chronicle a confidential opinion from City Attorney Dennis Herrera that warned of the potential legal downside of the Campos measure. The Chron quickly turned the memo into a front-page story, proclaiming that the legislation "would violate federal law and could doom [the city’s] entire sanctuary city policy." Newsom was quick to chime in: "The supervisors are putting at risk the entire Sanctuary City Ordinance, which we’ve worked hard to protect," the Chron quoted the mayor as saying.

For starters, that’s blowing the situation way, way out of proportion. Herrera’s office writes these memos all the time. Any piece of legislation that might have legal ramifications gets this sort of review — and in many, many cases, the supervisors and the mayor simply go ahead anyway. Two of Newsom’s biggest initiatives — same-sex marriage and the city’s health care law — involved serious legal issues, and it’s almost certain that Herrera formally warned the supervisors and the mayor that going ahead could lead to lawsuits. Newsom, properly, proceeded with the legally risky moves.

And while we haven’t seen Herrera’s memo, people familiar with it agree that it never said that the existing sanctuary law is at any real risk. Yes, some anti-immigrant group could sue the city over Campos’s bill. And yes, some court could conceivable invalidate not only this law but a lot of other city immigration policies. But nobody has ever successfully sued to overturn the current law, which has been in effect for almost 20 years.

Of course, there are, and will be, legal issues with the Campos bill. But now that the mayor has leaked the confidential memo laying out those concerns, any right-wing nut who does want to sue will have the ammunition prepared. And Newsom’s action makes the prospect of a suit — one that will cost the city a lot of money — far more likely.

In other words, the mayor has put his own city’s treasury at risk, possibly vioutf8g city law in the process, in order to undermine a piece of legislation that he doesn’t support. This has all the hallmarks of the mayor’s new gubernatorial campaign team, led by consultant Garry South, who is known for his vicious, scorched-earth battles. South, we suspect, advised Newsom that appearing soft on illegal immigrants would play poorly in the more conservative parts of the state — and that a tactic that puts his own city at risk was an appropriate way to respond.

And Newsom, to his immense discredit, went along.

This is a big deal, a sign that the mayor is putting his higher ambitions far ahead of his duty to San Francisco. "In my eight years in office, I saw hundreds of these memos," former Board President Aaron Peskin told us. "I saw plenty of material that I could have leaked that would have been useful to me politically. But all of us on the board, across the political spectrum, understood that you just don’t do that. Because if you do, it tears the government apart."

We’re journalists here, and we never support government secrecy. We have consistently defended reporters who publish leaked documents (and would do so here, too, despite our criticism of the way the Chron played this story). And there are times, many times, when it’s best for city attorneys and the officials who get their advice to let the public know what those memos say. We support whistleblowers and principled city employees and officials who defy the rules of secrecy and tell the public what’s really going on.

But Newsom was serving no grand public interest purpose here. He was simply using confidential legal advice to attempt to thwart a political opponent, for the purpose of promoting his own ambitions. That’s alarming. If Newsom wants to be taken seriously as a candidate for governor, he needs to demonstrate that he can stand up to his political advisors — and so far, he’s failing, miserably.

P.S.: Sup. John Avalos has asked the Ethics Commission and the city attorney to investigate the leak, which is fine — but this shouldn’t become an attack on the right of the press to publish confidential documents. None of the investigators should try to question the Chron reporters to seek the source of the leak — particularly since Newsom has as much as admitted, to the Guardian‘s Sarah Phelan, that he was the one who authorized his staff to hand out the memo. *

Did you get the (leaked Campos) memo?

15

Text and photos by Sarah Phelan

Gasconmgnpre.JPG

After today’s swearing-in ceremony for SFPD Chief George Gascón , (which former chief Heather Fong attended in pants and a pink cardigan,) I asked Mayor Gavin Newsom if he was concerned that someone in his office had leaked a confidential memo about Sup. David Campos’ proposal to extend due process to immigrant youth.

(The City Attorney’s office prepared the attorney-client privileged memo at Newsom’s request. Newsom’s office then leaked the memo to the Chronicle, which cited the memo in an article that was critical of Campos’s legislation.)

The Mayor responded tersely to my question, noting that clients, in an attorney-client privileged arrangement, can release memos, if they so choose.

“So, you did leak the memo to the Chronicle?” I said.

“I handed it,” Newsom said, pausing to look directly at his spokesperson Nathan Ballard,” to some of my people.”

Newsom’s revelation confirmed what everyone already suspected, but it also appeared to be a defensive move.

Yesterday, the City Attorney noted that it was”not aware of a City official or employee who has acknowledged responsibility for the disclosure.,” and stated that this disclosure therefore “may have been unauthorized.

“The integrity of the attorney-client relationship is essential to my ability to do my job effectively, and, by extension, to the ability of all City officials to be fully apprised of legal issues that may accompany their proposals,” City Attorney Dennis Herrera wrote. “Confidential legal advice is not intended to be fodder in political disputes.”

Gasconswearin.JPG
And just minutes before Gascón was sworn in, Sup. John Avalos called on Herrera and the Ethics Commission to conduct a formal investigation of the leaked confidential attorney-client privileged memo

SF allowed to join federal challenge to Prop. 8

0

By C. Nellie Nelson

U.S. District Court Judge Vaughn Walker has ruled that San Francisco will be added as a co-plaintiff in the federal court challenge to Proposition 8.

“Judge Walker found we were situated differently. We were the only party to put forth the societal and governmental costs of marriage discrimination. The city has a perspective that private parties and even the state do not bring,” City Attorney Dennis Herrera told the Guardian. “In painstaking detail we put forth costs incurred by the Department of Public Health. Tax consequences. Budget consequences.”

But Judge Walker ruled against naming other anti-Prop. 8 legal groups American Civil Liberties Union, Lambda Legal, and the National Center for Lesbian Rights as parties. He ruled that the Campaign for California Families, which seeks to uphold Prop. 8, could not be a party in the case either. The LGBT law blog lawdork.net summarizes Walker’s decisions, “In short, this has moved the LGBT legal organizations to the periphery of a very prominent and potentially landmark case.”

Mirant plant to close

0

news@sfbg.com

GREEN CITY City Attorney Dennis Herrera’s office struck a deal with Mirant Potrero LLC on Aug. 13 to shutter its polluting Potrero power plant no later than Dec. 31, 2010. The settlement agreement represents a major victory for San Francisco and the broad array of elected officials and environmental-justice advocates who’ve been railing against the hazardous byproducts of the 40-year-old fossil fuel-fired facility for years.

The agreement also requires Mirant to pay the city $1 million, which will be put toward addressing childhood asthma and supporting neighborhood beautification.

"It’s a great result for the city, but in particular for the southeast sector," said Herrera, who has opposed the plant since 1999. "A lot of folks deserve a lot of credit for this."

Residents living in southeast San Francisco and Bayview-Hunter’s Point, where asthma rates are higher than average, have borne the brunt of toxic emissions spewing from the plant’s brick smokestack nearly 24 hours a day.

"It’s been a long haul," Sup. Sophie Maxwell, who represents the neighborhoods adversely affected by the pollution, said at a press conference. "Our community [has] some of the highest rates of asthma, the highest rates of cancer. We have babies being born in this community every day — and so we cannot keep our eye off the prize."

Maxwell’s vow to continue pushing even with the signed agreement in hand may prove wise considering that the California Independent System Operator (Cal-ISO) — a body that oversees the state’s power grid and determines capacity requirements — has yet to grant its blessing to the deal. Under the terms of the agreement, Mirant must declare to Cal-ISO that it will not continue operation beyond the shutdown date. The utility also agreed not to pursue renewal of its "reliability must-run" (RMR) contract with Cal-ISO, which has required the plant to run against the wishes of elected officials in San Francisco for years.

Cal-ISO left open the question of whether it would agree to release Mirant from the RMR requirement. "The ISO will continue to require local measures to be available at the level necessary to ensure that San Francisco reliability is consistent with that of other major metropolitan areas in California and the nation," spokesman Gregg Fishman noted in a statement.

The battle to shutter San Francisco’s dirty power plant might not be over — but for the first time Mirant will now be aligned with the city and at odds with Cal-ISO. "I’ve got to give credit where credit’s due," Herrera told the Guardian. "[Mirant] ultimately did step up here with the settlement and make an unprecedented commitment."

What’s in it for Mirant? The city attorney dropped a lawsuit against Mirant that sought compliance with codes requiring seismic upgrades to old brick buildings on the site. The city also will give priority to any redevelopment plans for the company-owned site.

Chip Little, a Mirant spokesperson, said the company doesn’t have a particular vision in mind. "At this time, we have no redevelopment plans for the site," he said. Mirant does have other projects in the works outside San Francisco, however. "We responded to a [request for offer] that PG&E issued last year for new capacity," Little told us. Mirant has applied for licenses to build a 930 MW natural gas-fired plant near Antioch, and a 550 MW natural gas-fired facility at the Pittsburg power plant site.

The TransBay Cable, an undersea power line that will transfer electricity from Pittsburg power sources to San Francisco, is expected to go live in March. The cable will negate the need for most of the electricity supplied by the 350 MW Potrero plant, but there will still be a 25 MW generation gap.

"That’s really a rather small amount," Ed Harrington, director of the San Francisco Public Utilities Commission, told reporters during the press conference. "We believe it could be met by underwriting other projects that PG&E is working on and by … cutting back when there’s a peak."

When a battle was waged last year over proposed construction of city-owned power plants to replace Mirant, many thought a solution that didn’t involve new in-city generation was impossible. One year later, this new accord with the City Attorney’s Office rests on the idea that shutting down Mirant with no new fossil fuel is not just possible, but within reach in the near future.

Cecile Lepage contributed to this report.

San Francisco scores victory in Mirant settlement agreement to shut down plant

0

By Rebecca Bowe and Cecile Lepage

MIRANT.JPG
The Guardian’s rooftop view of the Potrero power plant.

“I know that there are many people who doubted that this day would ever come, but I’m happy to report that it finally has,” City Attorney Dennis Herrera announced at a press conference at City Hall this morning.

Herrera was referring to an agreement between the City and County of San Francisco and Mirant Potrero, LLC to shut down of the polluting Potrero Power Plant no later than December 31, 2010. Freshly signed, photocopied and distributed, the settlement agreement represented a major victory for the city attorney and San Francisco elected officials, who’ve been railing against the hazardous effects of the 40-year old gas-fired facility for years.

“Despite the fact that we have over the years been involved in policy debates with Mirant Corporation and litigation … over the last decade, I’m happy to report that they have stepped up as a partner and have committed themselves to working alongside the city and county as we make sure that we get that power plant closed by the end of 2010,” Herrera said.

In addition to requiring the shutdown, the agreement requires Mirant to pay the city $1 million to be put toward addressing pediatric asthma, neighborhood beautification projects and other programs that would be beneficial to the surrounding community. In exchange, the city agrees to drop a lawsuit it filed in April to force Mirant to comply with laws requiring seismic upgrades to unreinforced masonry buildings on the power plant site.

Mirant agrees to close Potrero Power plant by 2010

0

By Rebecca Bowe

This just in from City Attorney Dennis Herrera’s office:

City Attorney Dennis Herrera has reached an agreement with Mirant to permanently shutter the company’s Potrero power plant by the end of 2010, and to secure the Atlanta-based energy giant’s unprecedented commitment to join the City in actively pushing for the plant’s closure should state or federal energy regulators attempt to delay it. Under terms of the agreement signed by Mirant officials today, the company will also pay at least $1 million to the City to help address pediatric asthma in nearby communities and to initiate other mitigations in neighborhoods adjacent to the fossil-fueled facility. Mirant will pay another $100,000 to the San Francisco City Attorney’s Office for legal fees and costs.

The agreement was just signed this morning. We’ll give you an update soon with more in-depth information.

SF overdue to put anti-gay discrimination on trial

0

Text and photos by Sarah Phelan

youth2b.JPG
City Attorney Dennis Herrera wants to join the fight to challenge Prop. 8, which eliminates the rights of same-sex couples to wed. Between May and November 2008, couples like Spencer Jones and Tyler Barrick (above) wed legally in California.

City Attorney Dennis Herrera has petitioned a U.S. District Court Judge today to allow San Francisco to intervene as a party plaintiff in a federal constitutional challenge to Proposition 8, the state constitutional amendment which eliminated the fundamental right of marriage for gay and lesbian citizens in California.
http://www.sfgov.org/cityattorney/

The American Foundation for Equal Rights filed the original federal lawsuit this May on behalf of two California same-sex couples: Kristin Perry and Sandra Stier of Berkeley, and Paul Katami and Jeffrey Zarrillo of Burbank.

Filed in U.S. District Court for the Northern District of California on May 22, 2009, the original suit is led by attorneys Theodore Olson and David Boies, who were one-time political foes in the Bush v. Gore US Supreme Court case that decided the outcome of the 2000 presidential election. They argue that Proposition 8 “denies the basic liberties and equal protection under the law that are guaranteed by the Fourteenth Amendment of the United States Constitution.”

The City’s motion comes in the wake of a federal judge’s order to develop significant factual evidence in the case – something, Herrera says, his office has already done as a lead plaintiff in the landmark Marriage Cases, which the state supreme court decided last year, in May 2008.

“San Francisco is a singularly well-prepared co-plaintiff in this case, both in terms of the wealth of evidence it has already developed, and its unique public sector perspective in having to enforce a discriminatory law,” Herrera said. “We are long overdue to put anti-gay discrimination on trial based on the facts. The San Francisco City Attorney’s Office has the experience and expertise to aggressively assist in doing precisely that.”

On May 15, 2008, the landmark California Supreme Court ruling In re Marriage Cases, in which San Francisco was a lead plaintiff, struck down previous state statutes that defined marriage solely as a union between a man and a woman.

As a result, thousands of same-sex couples wed in California/

But that discriminatory marriage exclusion was later enshrined into the California Constitution with the passage of Prop. 8 on Nov. 5, 2008, and the state high court upheld it on May 26, 2009.

end2.jpg
After the state high court upheld Prop. 8, couples like Sharon Papo and Amber Weiss, pictured above when they wed in June 2008, said they were relieved their marriage was not invalidated.

” But this is a hollow victory because there are so many that are not allowed to marry those they love,” Weiss said, while her partner Papo added. “I feel very uncomfortable being in a special class of citizens.”

SF leaders back Jones and snub Alioto-Pier

0

By C. Nellie Nelson

Numerous city officials gathered this morning on the steps of City Hall to endorse Assembly member Dave Jones in his run for state insurance commissioner, even as rumors that Sup. Michela Alioto-Pier may run for the same office were finally reported in the Chronicle and Examiner. Still, the city leaders opted to side with out-of-towner Jones over the more conservative Alioto-Pier.

Local Democratic Party chair and former Board of Supervisors President Aaron Peskin introduced the candidate, saying that a real reformer is needed to run the Insurance Commission of California. City Attorney Dennis Herrera followed, exhorting that he could not think of a better candidate for consumers. Herrera described how most health insurers “gender rate” – charging as much as 39 percent more to insure women – and stated that Jones is committed to ending the disparity, which has already been outlawed in 10 states.

Board of Supervisors President David Chiu also spoke briefly in support of Jones, noting that the candidate had brought together the largest number of officials to endorse his candidacy.

No surrender, no retreat

0

rebeccab@sfbg.com

The dueling budget rallies that preceded the June 16 Board of Supervisors hearing on the city’s spending priorities officially ended the conciliatory approach offered by Mayor Gavin Newsom — a rhetorical political gambit that the Mayor’s Office never really put into practice.

The emotionally charged police and fire workers’ rally — where Police Officers Association President Gary Delagnes riled up the crowd by ridiculing supervisors as "idiots" and "carpetbaggers" — featured Newsom as the guest of honor at an event overseen by Eric Jaye, the political consultant running both the firefighters’ union budget offensive and Newsom’s gubernatorial campaign.

On a stage lined with American flags and burly public safety workers, Newsom condemned the progressive supervisor’s proposal to amend his budget over a blaring sound system. "They’re asking us to retreat," Newsom said, in full battle cry mode, "and we’re not going to do that."

Across the street, city employees from the Department of Public Health held a competing rally, flying a banner that read "No Cuts to Vital Services!" It was painfully obvious that in a squabble between city employees, the mayor was positioning himself on the side of well-paid, powerful union members who got raises instead of layoffs, rather than the public health workers and advocates for the poor whom Newsom’s budget cut the deepest.

But before progressive supervisors challenged Newsom’s proposed budget — which ignored the supervisors’ stated priorities, despite Newsom’s December pledge to work closely with the board on it — the rhetoric was quite different. "We work through our differences and ultimately try to look at the budget as apolitically as possible," Newsom said during a June 1 event unveiling his budget. "It’ll only happen by working together."

Six months earlier, when the mayor made a rare appearance at a Board of Supervisors meeting to announce the unprecedented budget shortfall of more than $500 million, he adopted a similar tone. "We have the capacity, the ingenuity and the spirit to solve this," Newsom told the board in December. "It’s going to take all of us working together. It’s in that spirit that I am here."

The mayor’s proposed budget has spurred outrage from poor people and progressive supervisors, who charge that his decision to cut critical services while simultaneously bolstering funding to the police and fire departments is morally repugnant.

Sups. John Avalos, David Campos, and David Chiu responded by passing an amendment in committee to slash $82 million from the public-safety budget in order to restore some of the cuts to public health and social services. After that move, the spirit of "working together" quickly eroded, and seemed to be replaced by the bare knuckles politics of fear and division.

After the rallies, which even spilled indoors and devolved into shouting matches between the two camps, supervisors finally got to work on the budget. And they didn’t ask Newsom to retreat, they just asked him to listen and work with them.

The $82 million dent in the public-safety budget was described as a symbolic gesture to get the mayor to take progressive concerns seriously. "For many of us, it was the only way we felt we could have a seat at the table — a seat that was real, where the discussion was going to be meaningful," Campos said.

"I do not think that this budget is bilateral. It is a unilateral budget," Chiu noted at a Budget and Finance Committee meeting.

This year’s budget battle is especially intense because of the unprecedented size of the deficit, as well as the dire economic conditions facing many San Franciscans. California’s unemployment rate climbed to 11.5 percent in May, and stood at an only slightly less miserable 9.1 percent in San Francisco, according to the state’s Employment Development Department.

Meanwhile, anecdotal evidence suggests that the number of San Franciscans in need of emergency food assistance, homeless services, and help with other basic necessities has spiked. Everyone seems to be feeling the pinch, but for the least fortunate, falling on hard times can mean relying on city-funded services for survival.

Against this dismal backdrop, big questions are emerging about the role of government. "The city’s budget," City Attorney Dennis Herrera noted at a recent hearing, "is correctly called the city’s most meaningful policy document. More than any other piece of legislation, it sets out the priorities that tangibly express the values of the City and County of San Francisco."

Sup. Ross Mirkarimi took this idea even farther at the budget hearing. "Aside from the politicking and any of the hyperbole, we [have to] do the best we possibly can for all the people of San Francisco," he said. "But in particular, the vulnerable classes, because what is also at stake is … the key question: Who’s this city for? And who gets to live here over the next 10 to 20 years, considering how cost-prohibitive it is to be in San Francisco?"

The budget battle is shaping up around some fundamental questions: is this budget going to protect the politically powerful while ignoring the thousands who are in danger of slipping through the cracks? Or will everyone be asked to make sacrifices to preserve the city’s safety net? And as these difficult decisions are hashed out, is the mayor going to sit down with the board to seek common ground?

A board hearing on the cuts to health services — which state law requires cities to hold when those cuts are deep — illustrated the divide with hours of testimony from the city’s most disadvantaged residents: those with mental health problems, seniors, SRO tenants, AIDS patients, and others.

"If we make the wrong decisions, it will mean that our homeless folks will be in ever-increasing numbers on the street. It means that folks with HIV will not receive the care they need. It will mean that kids will not have the after-school programs they need during their critical years. It will mean that our tenants will continue to live in substandard housing," Chiu summarized the testimony.

Avalos, the Budget Committee chair who has led the fight to alter Newsom’s budget priorities, has said repeatedly that cutting critical services does not work in San Francisco. And even as he proposed the amendment, he expressed a desire to reach a solution that everyone, not just progressives, would find palatable.

"We want to talk directly to the mayor, to have him meet us half-way, about how we can share the pain in this budget to ensure that we have a balance in equity on how we run the city government," Avalos noted as his committee began its detailed, tedious work on the budget. "We can do that across the hall here at City Hall, and we can do it across every district in San Francisco."

The Board approved the interim budget that more evenly shared the budget pain on a 7-3 vote, with Sups. Bevan Dufty, Carmen Chu, and Michela Alioto-Pier dissenting (Sup. Sean Elsbernd was absent because his wife was giving birth to their first child, but was also likely to dissent).

If Newsom chooses to veto the interim budget or the permanent one next month — which the board would need eight votes to override — San Francisco could be in for a protracted budget standoff, the least "apolitical" of all options. But for now, the political theater is yielding to the detailed, difficult work of the Budget and Finance Committee.

Progressive members of the committee have already signaled their intention to scrutinize city jobs with salaries of $100,000 or positions in each department that deal with public relations.

Among those highlighted in a budget analysts’ report is Newsom’s public relations team, a fleet of five helmed by a Director of Communications Nate Ballard, who pulls down $141,700 a year. Yet when the Guardian and others seek information from the office — for this story and many others — we are often stonewalled, ignored, or insulted.

During the budget hearings, the disproportionately high number of positions with six-figure salaries in the city’s police and fire departments also came under scrutiny. "What has worked in a lot of other agencies is you have employees who care deeply enough about the City and County of San Francisco that they are willing to give back in terms of salaries," Campos commented to Fire Chief Joanne Hayes-White during a budget hearing, referring to firefighters’ refusal to forgo raises.

Another looming question is whether new revenue measures will be included as part of the solution. While progressive supervisors continue to call for tax measures as a way to stave off the worst cuts to critical services, Newsom proudly proclaimed his budget’s lack of new taxes.

A press release posted on Newsom’s gubernatorial campaign Web site suggests that since raising revenues doesn’t fit with his bid for governor, it’s not likely to be entertained as a possibility. "Mayor Newsom crafted a balanced budget on time," a press release notes, "without any new general tax increases, without reducing public safety services."

It’s a stand that’s certain to yield more political clashes down the line.

"I don’t see how we can get out of this budget without bringing additional revenue into the system," Campos noted at the committee hearing. "Once people learn about the situation we are facing, they will understand the need for the city and county as a whole to contribute."

Editor’s Notes

0

Tredmond@sfbg.com

In the midst of all that is bleak in the state of California and the City and County of San Francisco, I am having fun specuutf8g about what will happen when Gavin Newsom is no longer mayor.

It’s a fascinating exercise — and trust me, I am by no means the only person engaging in it.

The broad outline is that the race to replace Newsom at this point bears no relation to the dynamic that brought him into office. Back in 2003, the race was the progressives against downtown; Tom Ammiano, Matt Gonzalez, and Angela Alioto were competing for the progressive vote, and Newsom was downtown’s darling, running on a platform of taking welfare money away from homeless people. The Newsom-Gonzalez runoff was about as clear and stark a choice over political vision as the city could ask for.

Six years later, I can count four people who are getting ready to run, and none is much like either Newsom or Gonzalez.

Sup. Bevan Dufty, who is sometimes with the progressives and sometimes with the mayor, told me last week that he’s definitely running. He’s part of the board’s moderate wing, but isn’t the downtown call-up vote that Newsom was and clearly isn’t counting on the big-business world for most of his support. Assessor-Recorder Phil Ting has made no secret of his political ambitions and is putting himself in the limelight with high-profile statements about Proposition 13 and taxing the Catholic Church. He sounds pretty liberal these days, although his chief political consultant is Newsom (and PG&E) operative Eric Jaye.

Just about everyone in local politics assumes City Attorney Dennis Herrera will be in the mix. He’s had the advantage of not having to take stands on local measures and candidates (as the city attorney, he’s not allowed to endorse), and while some progressives see him as the most appealing choice, he’s not Ammiano or Gonzalez. And then there’s state Sen. Leland Yee, who is utterly unpredictable, sometimes great on the issues and sometimes awful — and is almost certainly going to run.

And right now, other than Sup. Ross Mirkarimi, who might or might not run and isn’t putting together any kind of a pre-campaign operation, there’s no obvious progressive candidate in the race. If Mirkarimi’s serious, he needs to be moving.

But wait: There’s more.

Assume for a moment — and whatever you may think about the guy, it’s not a crazy assumption — that Gavin Newsom is the next governor of California. (How? He beats Jerry Brown in the primary by running future vs. past, then beats any Republican, who will be saddled with the Schwarzenegger mess. He isn’t remotely ready for the job, but that’s politics.)

Gov. Newsom would be sworn in Jan. 4, 2011. David Chiu, president of the Board of Supervisors, would be acting mayor — until he convenes the board and somebody gets six votes to finish Newsom’s term. That decision could be made by the current supes, who hold office until Jan. 8, 2011, if they can meet and decide in four days, or by the new supes — and we don’t know who they will be.

The person appointed doesn’t have to be a supervisor. Could be anyone. Could be Chiu. Could be Mirkarimi. Could be Dufty. Could be …. Aaron Peskin. Just takes six votes. And then that person could run as the incumbent.

Don’t go thinking any of this is just idle chatter. There are political consultants all over town having the same discussions, today. *

Which kind of poison?

0

rebeccab@sfbg.com

GREEN CITY The push from city leaders to shut down Mirant’s aging Potrero power plant advanced another step June 2 when the San Francisco supervisors approved an ordinance sponsored by Sophie Maxwell and Michela Alioto-Pier that urges closing the entire facility by the end of 2010 and directs the San Francisco Public Utilities Commission to update a plan charting the city’s energy future.

But the current city proposal for closing the Mirant plant appears to rely entirely on replacing that power with the output of other private fossil fuel plants — in someone else’s backyard.

The city is following the same script as Pacific Gas and Electric Co., which wants to upgrade and expand the lines bringing its own private power into the city — instead of San Francisco generating power of its own.

In fact, Mayor Gavin Newsom has introduced legislation to sell four city-owned combustion turbines that are currently collecting dust in storage in Houston. Obtained as part of a 2003 lawsuit settlement, the turbines were almost employed last year to build four small city-owned power plants to fully replace the Mirant facility — but that plan was ultimately shot down.

The California Independent System Operator (Cal-ISO), a federally regulated body that oversees grid reliability, currently requires Mirant’s dirty San Francisco facility to stay in service to provide in-city generation capacity in case of catastrophic power grid failure. But city officials now say a new underwater power cable from the East Bay could replace Mirant Unit 3, which spews fumes into the Bayview-Hunters Point neighborhood.

Last month, Newsom, Board of Supervisors President David Chiu, City Attorney Dennis Herrera, SF Public Utilities Commission General Manager Ed Harrington and Sups. Sophie Maxwell and Michela Alioto-Pier sent a letter to Cal-ISO making the case that with the installation of the TransBay Cable — which would link the city with generating facilities in Pittsburg — and other planned system upgrades, the entire Mirant facility could be retired by next year.

Maxwell’s ordinance references that letter, and urges PG&E to "develop expeditiously" its transmission-upgrade projects to pave the way for the plant’s closure. Cal-ISO spokesman Gregg Fishman says that so far, it hasn’t reviewed PG&E’s plans.

Joe Boss, a longtime member of the city’s power plant task force, says he has little confidence that Mirant can be shut down without being replaced with new in-city electricity generation. He told us he believes it’s a bad move to sell off the publicly owned combustion turbines.

The TransBay Cable is essentially a 10-inch thick extension cord that would connect a PG&E substation in Pittsburg with another PG&E substation in Potrero Hill. It’s being bankrolled by the Australian investment firm Babcock & Brown, which ran into serious financial trouble during the economic downturn, and its San Francisco branch was bought out last month. Currently under construction, the cable project is being built in tandem with the Pittsburg power company, a municipal utility that would retain ownership of the cable and converter stations. PG&E customers will ultimately pay for power transmitted over the line.

The way the theory goes, once the cable goes live next March, Potrero’s Unit 3 — a natural-gas fired generator that runs about 20 hours a day — could finally be shut down. "But the question is, is it just going to bring dirty power to SF?" asks Sierra Club Energy Board chair Aaron Israel.

Near the Pittsburg end of the cable, there are two gas-fired Mirant-owned power plants, operating since 1972 and 1964.

There are proposals for two new Mirant natural-gas fired power plants in that area as well, plus a 530 MW plant called Gateway owned by PG&E that became operational this year.

So the future looks like this: San Francisco gets rid of a pollution source, and shifts the problem to a poor community 40 miles away. And PG&E and Mirant retain their hegemony over the city’s electricity supplies.

"’Which poison would you like?’ is kind of where the debate is," says Greenaction for Environmental Health & Justice Executive Director Bradley Angel. "We’ve got to keep advocating for a dramatic increase in renewable energy, here and elsewhere," Angel says. But that’s not going to happen with PG&E and Mirant calling the shots.

Herrera bikes it.

0

bikingherrera.jpg
I’m enjoying this photo of City Attorney Dennis Herrera, as part of his office’s participation in Bike to Work Day. His T-shirt is kinda scary, (it makes me think of all the lawyers who ARE driving today). But cotton shorts, as opposed to butt-clinging lycra, is definitely a good choice, me also thinks.

Uphill climb

0

steve@sfbg.com

Bicyclists generally try to avoid hills, so one of the most popular bike routes in town is a series of turns called the Wiggle, which snakes along a valley through the Lower Haight. The route — a sort of bridge between east and west — is traveled by a growing number of bicyclists, from hipster kids on colorful fixies to grizzled seniors on comfortable touring bikes.

I ride the Wiggle every day. Coming from the Panhandle, the most harrowing approach is the three blocks I have to travel on busy Oak Street, competing for space with impatient motorists who often seem to forget that they’re wielding deadly weapons. Many times I’ve had cars zip by me within inches, honk (a very startling sound when you’re not wrapped in metal and glass), zoom up right behind me, or flip me off.

But then I turn right onto Scott Street — and the world suddenly changes. My heart rate drops and I breathe deeply. Rain or shine, there are almost as many bikes there as cars. The cyclists smile and nod at one another and even the motorists seem more respectful, sometimes waving us through the stop signs even when it’s their turn. It feels like an informally functional community. It’s how traveling around this city ought to be.

Even though the citywide percentage of vehicle trips taken by bicycle in San Francisco is still in single digits (compared to more than 20 percent in many European cities), and even though a court injunction that’s expected to be lifted this summer has banned any new bike projects in the city for the past three years, bicycling is booming in San Francisco, increasing by almost 50 percent since 2006. I’m never alone these days on my solo commute.

My decision to ride a bike and sell my car wasn’t about joining a movement. I just like to ride my bike, a simple joy that I really began to rediscover about 10 years ago. It’s fun, cheap, and an easy way to get exercise. And it connects me with my surroundings — the people, buildings, and streetscapes of this beautiful city — in a way I didn’t even realize I was missing when I drove.

But as pressing political and planetary realities have welled up around my personal transportation choice, I’ve come to see that I am part of a movement, one that encapsulates just about every major issue progressive San Franciscans care about: public health, environmentalism, energy policy, economics, urban planning, social justice, public safety, sustainability, personal responsibility, and the belief that we can make our communities better places, that we’re not captive to past societal choices.

As a bicyclist and a journalist, I’ve been actively engaged in these struggles for many years. I understand that bicyclists are criticized in many quarters as a vocal minority with a self-righteous sense of superiority and entitlement, and that I’m personally accused of bias for writing empathetically about bicyclists in dozens of bike-related stories.

Well, guess what? I don’t apologize. We are better than motorists, by every important measure. We use less space and fewer resources and create less waste and pollution. Bikes are available to almost every segment of society, and we don’t need to fight wars to power them. They improve the community’s health and happiness. And when we get into accidents, we don’t kill or maim the people we hit.

And you know what else? This really is going to be the Year of the Bicycle, as it’s been dubbed by the San Francisco Bicycle Coalition, the city’s largest grassroots civic organization, with more than 10,000 dues-paying members. There are more of us than ever, politicians now listen to us, and San Francisco is on the verge of the most rapid expansion of its bike network that any American city has ever seen.

This is the moment we’ve been moving toward for many years, a turning point that the Guardian has meticulously chronicled and proudly promoted. The bicycle has become a metaphor for progress that is long overdue. So mount up on May 14, Bike to Work Day, if you’d like to be a part of the solution to what’s ailing our city and planet.

I love my bike, and so do most people who see it. San Franciscans appreciate the little things, like someone who rides a silly-looking bike.

It started as a basic used mountain bike, but I styled it out for Burning Man a few years ago, covering it with heavy red acrylic paint that looks like stucco, a big basket covered in fake fur and ringed with electro-luminescent wire, and custom-welded high handlebars topped by a lizard horn.

Maybe you’ve seen me around town — and if so, maybe you’ve seen me blow through stop signs or red lights. Yes, I’m that guy, and I only apologize if I’m stealing a motorist’s right-of-way, which I try to avoid. Rob Anderson, who successfully sued San Francisco to force detailed studies of its Bike Plan (and blogs at district5diary.blogspot.com), regularly calls me and my ilk the "bike fanatics."

I’ve interviewed Anderson by phone a few times and tangled with him online many times. He’s actually a pretty well-informed and well-reasoned guy, except for his near pathological disdain for bicycling, which he considers an inherently dangerous activity that government has no business promoting and is not a serious transportation option.

But San Francisco would be a gridlocked nightmare without bikes. Transportation officials say this is already one of the most traffic-choked cities in the country (second after Houston), a big factor in Muni never reaching its voter-mandated 85 percent on-time performance. During peak hours, most Muni lines reach their holding capacity. Imagine 37,500 additional people (the estimated number of San Franciscans who primarily travel by bike) driving or taking Muni every day.

Conversely, imagine the transportation system if bicycling rates doubled and some of those bulky cars and buses became zippy bikes. Quality of life would improve; the air would be cleaner; we would emit far less greenhouse gases (transportation accounts for about half of the Bay Area’s carbon emissions); housing would get cheaper (building parking increases costs and decreases the number of housing units); pressure would decrease to drill for oil offshore and prop up despotic regimes in oil-rich countries; pedestrians would be safer (about a dozen are killed by cars here every year); and public health would improve (by reducing obesity and respiratory ailments associated with air pollution).

Increase bicycling rates even more, to the levels of Berlin, Copenhagen, or Amsterdam, and San Francisco would be utterly transformed, with many streets converted to car-free boulevards as the demand shifts from facilitating speeding cars to creating space for more bicyclists and pedestrians.

Sure, as Anderson points out, many people will never ride a bike. The elderly, those with disabilities, some families with kids, and a few other groups can credibly argue that the bicycle isn’t a realistic daily transportation option. But that’s a small percentage of the population.

For the rest of you: what’s your excuse? Why would you continue to rely on such wasteful and expensive transportation options — a label that applies to both cars and buses — when you could use the most efficient vehicle ever invented?

At the SFBC’s annual Golden Wheels Awards banquet on May 5, SFBC director Leah Shahum described a bike movement at the peak of its power, reach, and influence. "In the last two years, we’ve seen an unprecedented political embrace of bicycling," she said, praising Mayor Gavin Newsom for his championing of the Sunday Streets car-free space and calling the progressive-dominated Board of Supervisors "the most bike-friendly board we’ve ever seen."

In just a few years, the SFBC went from fighting pitched battles with Newsom over closing some Golden Gate Park roads to cars on Saturdays — a two-year fight that ended in a compromise after some serious ill-will on both sides — to Newsom’s championing an even larger Sunday Streets road closure on six days this spring and summer, even fighting through business community opposition to do so.

As with many Newsom initiatives, it’s difficult to discern his motivation, which seems to be a mixture of political posturing and a desire to keep San Francisco on the cutting edge of the green movement. Whatever the case, the will to take street space from automobiles — which will be the crux of the struggles to come — is probably greater now than it has ever been.

Because at the end of the day, Anderson is right: bicyclists do have a radical agenda. We want to take space from cars, both lanes and parking spaces, all over this city. That’s what has to happen to create a safe, complete bicycle system, which is a prerequisite to encouraging more people to cycle. We need to realize that designing the city around automobiles is an increasingly costly and unsustainable model.

"The streets do not have to be solely — or even primarily — for cars anymore," Shahum told an audience that included City Attorney Dennis Herrera, top mayoral aide Mike Farrah, and several members of the Board of Supervisors (including President David Chiu, a regular cyclist and occasional bike commuter), drawing warm applause.

Shahum was certainly correct when she called the politically engaged community of bicyclists "one of the strongest and most successful movements in this city," one she believes is capable of moving an ambitious agenda. "During the next six weeks, we have the opportunity to win a literal doubling of the city’s bike network."

She’s referring to the imminent completion of environmental studies that support the city’s Bike Plan, which will allow the courts to lift the nearly three-year-old injunction against new bike projects in the city. The SFBC has been aggressively organizing and advocating for the immediate approval of all 56 near-term bikeway improvements outlined in the plan, which have been studied and are ready to go, most with grant funding already in the bank.

"I think San Francisco is hungry for a higher use of public space," she said. "Imagine streets moving so calmly and slowly that you’d let your six-year-old ride on them."

That’s the standard advocated by the international car-free movement, which I interacted with last year when I covered the International Carfree Conference in Portland, Ore. These influential advocates believe bikeways should be so safe and insulated from fast-moving traffic that both the young and old feel comfortable riding them.

"Streets belong to us — they are the public spaces of the city — but they don’t feel like they belong to us," said Tom Radulovich, executive director of Livable City, a sponsor of Sunday Streets, which was honored at the Golden Wheel Awards. The streets, he told the crowd, "don’t need to be the objects of fear."

Later, as we spoke, Radulovich said it’s not enough to create narrow bikes lanes on busy streets. One of the great joys of riding a bike with a friend is to be able to talk as you ride, something he said transportation advocates around the world refer to as the "conversational standard."

Politically, there’s a long way to go before San Francisco embraces the conversational standard, the creation of permanent car-free bike boulevards, or traffic law changes that promote bicycling. Anderson and his ilk reacted with outrage last year when the Guardian and the Metropolitan Transportation Commission began discussing adopting Idaho’s bike laws here, in which bicyclists treat stop signs as yield signs and stop lights as stop signs (see "Don’t stop: Bike lessons from Idaho," 5/14/08).

Yet until bicycling is taken more seriously as a real transportation option, all this talk about sustainability and green-everything is going to continue falling woefully short of its objectives.

The powerhouse environmental group Natural Resources Defense Council held a gala awards dinner May 9 at the California Academy of Sciences for its first Growing Green Awards, an effort to honor innovators in the growing sustainable food movement.

The award selection panel was chaired by journalist Michael Pollan, whose The Omnivore’s Dilemma (Penguin Press, 2006) and other works have made him a leading voice calling for recognition and reform of a corporate food system that is unsustainable, unhealthy, and harmful to the environment.

That movement has garnered some high-profile support and attention, but has so far failed to effectively counter the influence of agribusiness interests, he told me. "We need an organization like the NRDC in the food area, or we need to get NRDC to embrace our issues."

The awards banquet showed that Pollan and his allies have made progress with the NRDC, which should be a natural ally of advocates for better food and transportation systems, two realms that have the biggest impact on this country’s natural resources.

But when I left the ceremony as hundreds of guests were being seated for dinner, I rode away — on the only bicycle there.

Mirant’s last gasp?

0

rebeccab@sfbg.com

GREEN CITY A new multipronged effort to shut down San Francisco’s Mirant Potrero Power Plant is raising hopes that the end could be in sight for the controversial fossil-fuel-fired facility.

An ordinance proposed by Sup. Sophie Maxwell suggests that the entire facility — including the primary unit 3 and the smaller, diesel-fired units 4, 5, and 6 — could be shut off without having to create any new fossil fuel generation within city limits. The legislation would direct the San Francisco Public Utilities Commission to figure out how to bridge the in-city electric generation gap using energy efficiency, renewable power, and other alternatives.

Meanwhile, a lawsuit filed against Mirant by City Attorney Dennis Herrera targets Mirant’s failure to perform seismic upgrades. The effort wouldn’t close the plant directly, but could make it more burdensome for Mirant to do business here. Mirant did not return calls for comment.

"Mirant has been given a free pass for a while, and the city doesn’t want to give it to them any more," Deputy City Attorney Theresa Mueller told the Guardian. "Part of the reason they’ve gotten away with not doing it is because it was expected to close."

City efforts to replace the Mirant plant’s power with combustion turbines that San Francisco already owns were derailed last year after Mayor Gavin Newsom withdrew his support for the plan, instead backing an alternative pushed by Pacific Gas & Electric Co. that would have retrofitted the Mirant plant, a proposal that consultants said didn’t pencil out and that failed to win Board of Supervisors’ approval (see "Power possibilities," 11/5/08).

Despite various city efforts to shutter the plant going back nearly a decade, Mirant Potrero still runs an average of 20 hours per day, according to figures released by the California Independent System Operator (Cal-ISO). In 2007, the plant released 235 tons of harmful pollutants into the air, and 336,300 tons of carbon dioxide.

For now, Cal-ISO requires Mirant to continue running to guarantee that the lights would stay on in the city even if major transmission lines fail. But with the installation of the Trans Bay Cable — a high-voltage power cord that will send 400 MW of electricity under the bay from Pittsburgh in 2010 — Mirant’s largest unit will be unnecessary.

"We assume that the Trans Bay Cable will be in service sometime in mid 2010. We can then drop Potrero [unit 3]" from the reliability contract, says Cal-ISO spokesman Gregg Fishman. The dirtier, diesel-powered units 4, 5, and 6 would still be required, he says.

Not everyone accepts this as the final word on the matter. Maxwell’s legislation calls for the SFPUC "to take all feasible steps to close the entire Potrero power plant as soon as possible." That ordinance, expected to go before the Land Use Committee on May 11, would direct the SFPUC to update a plan for the city’s energy mix, called the Electricity Resource Plan, to reflect a goal of zero reliance on in-city fossil-fuel generation.

The original plan, issued in 2002, was also designed to eliminate the Potrero plant. This time around, key assumptions have changed. Last year, as Newsom and some members of the Board of Supervisors battled over the Mirant-related projects, PG&E sponsored a study indicating that the city might not need new local power generation.

Maxwell’s new proposal, citing information from the PG&E assessment, now suggests that after the installation of the Trans Bay Cable and other transmission upgrades, the electricity gap for in-city generation will be much smaller than previously assumed. This gap, which Joshua Arce from the Brightline Defense Project likes to refer to as the "magic number," has apparently shrunk to 33 MW in 2012, as opposed to 150 MW. But Arce said, "We want the magic number to be zero."

Barbara Hale, assistant manager for power at the SFPUC, confirmed that the city agency was preparing to update the plan and noted that it would likely contract with a Colorado-based firm, Rocky Mountain Institute, to do it. "We are hoping we can meet San Francisco’s electricity needs in a way that does not involve fossil fuel generation in San Francisco," Hale told the Guardian.

Encouraged by the recent activity, environmental justice groups are organizing for what they hope will be the last push to shut down the Potrero plant. Tony Kelly, president of the Potrero Boosters and an activist on power plant issues, is optimistic. "There really is an end in sight to that power plant," he says.

Some eyebrows have been raised over the implications of the Trans Bay Cable, which by most accounts will be plugged into a fossil fuel-powered facility in Pittsburgh. "We really are going to be highlighting that San Francisco needs to take responsibility … so that we don’t have clean air on the backs of poor people and people of color in the East Bay," says Bradley Angel, executive director of Greenaction for Health and Environmental Justice.

Nor is everyone feeling optimistic that the closure of the plant is near. Joe Boss, a member of the city’s Power Plant Task Force for about nine years, says he still doesn’t expect Cal-ISO to budge, and believes the city will have to live with the Potrero plant for years to come.

Fishman, from Cal-ISO, said that as things stand, units 4,5, and 6 will "almost certainly" still be required. Almost. "Between now and when the Trans Bay Cable is in service, we can conduct … studies on transmission projects that are officially presented to us," he added. "Based on the hard data that comes from those studies, we may reevaluate the need for local generation."

Making sunshine work

0

EDITORIAL The Sunshine Ordinance Task Force and the Ethics Commission are talking to each other, which is some small progress on one of the most annoying lingering issues in San Francisco. But the joint meeting last week, while positive in tone, didn’t solve the basic problem.

Under the city’s Sunshine Ordinance, the task force investigates complaints about city agencies improperly withholding records or meeting in secret. If the task force members find that there’s been a violation — and that the matter is serious enough to merit enforcement action against the city officials involved — the file is forwarded to Ethics, which can charge elected and appointed officials with misconduct.

But that never happens.

Fourteen times the task force has asked Ethics for action, and 14 times those cases have been dismissed — with little serious investigation. In fact, at the April 24 meeting, John St. Croix, the executive director of Ethics, admitted that his staff doesn’t always interview the complainants in these cases. Instead, Ethics asks the respondent for his or her side, and relies heavily on the advice of the city attorney.

That’s a problem in itself, because sometimes City Attorney Dennis Herrera will advise a department to keep something secret when the task force — which has its own lawyer, also from the City Attorney’s Office — disagrees. And in some cases it’s very clear that city officials have willfully ignored, defied, or sought to circumvent the open-government law.

Mayor Newsom, for example, refuses to release his full appointments calendar, which would show the public whom he’s meeting with — a key way for San Franciscans to understand who is influencing, and seeking to influence, city policy. The New York Times just published a detailed investigative report on Treasury Secretary Timothy Geithner’s ties to Wall Street financiers, basing the story in significant part on a review of Geithner’s appointment calendars. The New York City Federal Reserve Bank — a secretive institution if ever there was one — released the calendars of Geithner’s appointments when he was bank president. Newsom can certainly do the same, and the law requires him to. But he simply ignores that mandate.

The district attorney also has the authority to enforce the law, but has never filed a single sunshine violation case.

The San Francisco Sunshine Ordinance is supposed to be the best and most comprehensive law in the state ensuring public access to government activities. But it’s rendered almost meaningless when city officials can defy it, routinely, and suffer no consequences.

The current enforcement system is simply not working. The supervisors should hold hearings on this with the goal of placing a charter amendment on the ballot giving the task force the independent authority to order documents released and adopting a more effective way to sanction officials who disregard the law. The task force should also have the right to take cases directly to the Ethics commissioners and prosecute them in public before the full commission. It’s the biggest open government issue in the city right now. Which supe wants to take it on? *