City Hall

A sound proposition

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› a&eletters@sfbg.com
There are huge, expensive, city-sponsored monuments to the arts lined up on Van Ness Avenue, opposite City Hall, and I’ve seen some of the best music in the world performed there.
The formidable San Francisco Symphony took a run at Igor Stravinsky’s Rite of Spring at Davies Symphony Hall years back — a feat not dissimilar to juggling chainsaws while riding a unicycle along a plank over a pit of alligators — and pulled it off with both precision and gusto. And more recently, the San Francisco Opera made me, a lifelong doubter of wobbly-voiced wailing, an instant convert. The occasion was a spectacular staging of Billy Budd, Herman Melville’s great tragedy of miscarried justice as hauntingly rendered by Benjamin Britten.
The opera and the symphony — though deriving much of their revenue from foundations, corporate sponsorships, and ticket sales — also enjoy considerable subsidization from government. According to the SF Symphony’s IRS Form 990, it received almost $800,000 in government grants in 2005 alone.
These subsidies are good, but there needs to be a lot more of them — and they need to serve all citizens of San Francisco much more effectively. It could not be said, for example, that a typical Friday night at the SF Opera is either affordable or appealing to a significant portion of the city’s residents.
And it’s certainly not true that there isn’t enough music and art in San Francisco for all its citizens. This place is bursting at the seams with creativity. You could put on a live performance by a local band or DJ crew in Justin Herman Plaza each week for a solid year and not run out of talent.
In fact, that’s not a bad idea! Why not, as a matter of city policy, support the staging of one free, live, outdoor musical performance per week year-round? We can keep it cheap. Once you bring things inside, it gets a bit expensive, stops being DIY, and starts meaning forms, insurance, and union-scale wages — all substantial barriers to entry for your local experimental jazz combo. The space would, in fact, have to be donated — not impossible, but not always likely.
So outdoors it is. Rain or shine. Bring your own PA. Do your own flyering. According to Sandy Lee of the Parks and Recreation Department, the nonprofit rate for using any outdoor musical facility is $500 for as many as 1,000 people. If you want to do one show weekly for a year, that’s $26,000 total. I’ll wager that San Francisco’s major arts funders could easily cover that annual fee through a matching grant program paid directly to Rec and Parks.
That’s a bump on a log in the world of arts funding, and such an arrangement isn’t unprecedented. San Francisco’s Hotel Tax Fund picks up the user fee for the Golden Gate Park Band, which has a regular Sunday gig April through October in the unremodeled band shell in the newly remodeled Music Concourse.
So we’re certain just about everyone will agree that more free live music outdoors would also be pretty much awesome. Now we get to program 52 weeks of free live music in San Francisco. Booking, or perhaps curating is a better term, would be done democratically, ethically, and, of course, pro bono by volunteers called up from the performance and presentation community. Local venue and club bookers, noncommercial and — ulp! — pirate radio DJs, festival programmers, musicologists, and the like. Remember, we have 52 weeks to fill, so there’s room for everyone.
At this point it’s clear that there would be hang-ups to unhang. There would be the danger of favoritism and payola in the booking — underpaid musicians and bookers are often hungry and desperate. There would definitely be aesthetic disagreements. Where, for example, will the punk and metal bands play? The thumping DJ crews? Lee noted that the department is “very sensitive” to NIMBYs opposed to amplified music.
Nevertheless, she said, the city is full of outdoor venues for amplified music, all available for the $500 nonprofit use fee. These include McLaren Park, the Civic Center, Mission Dolores Park, Union Square, Justin Herman Plaza, the Marina Green, and Washington Square. In Golden Gate Park the Hardly Strictly Bluegrass Festival has sprawled magnificently across the Speedway, Marx, and Lindley meadows; both Reggae and Opera in the Park regularly occupy Sharon Meadow; and the band shell, a.k.a. Spreckel’s Temple of Music, is also back in action after being closed for three years during the de Young reconstruction.
“The band shell is open to any group that wants to perform there,” Lee said, and that’s a great place to start.
Get city backing for a pilot program and set up a spring-to-fall season similar to that of the Golden Gate Park Band, whose musicians are volunteers. Shoot for radical diversity in the booking to get a true cross section of the city’s ethnic, cultural, contemporary, and historic musical palette. Schedule performances opportunistically: during lunch hours downtown, at 2 p.m. on a sunny Saturday in the park. Stage local music showcases on weekends or holidays for full afternoons of free music. Pick the lively bands for fog season so folks have a reason to jump around. Switch venues each week to keep the NIMBYs off balance. And remember that commercial radio stations would have to pay the commercial user fee of $5,000 if they want to get in on the game. This will keep things focused on the grassroots.
We must create an expectation for this kind of low-cost local arts subsidy. It’s true that music and culture thrive like weeds in the cracked cement of oppression. But keep in mind that $26,000 for a year of venue-user fees for local music is 3.25 percent of the symphony’s government subsidy. The city can take an unprecedented step in support of genuinely accessible, relevant arts programming. At a time of gutted arts funding around California and the nation, San Francisco could set an example for pragmatic, affordable, nonelitist, human-scale public arts for the entire community.
The only thing stopping us is cultural elitism, NIMBYs, and acres of bureaucracy. Piece o’ cake! SFBG
JOSH WILSON’S TOP 10
•Project Soundwave’s experimental, participatory music showcase
•Godwaffle Noise Pancakes at ArtSF and beyond
•Resipiscent Records release party, Hotel Utah, Oct. 20
•Sumatran Folk Cinema and Ghosts of Isan, presented by Sublime Frequencies at Artists’ Television Access, July 14
•William Parker Quartet, Yoshi’s, May 24. Jazz wants to be free!
•Experimental music showcases staged weekly at 21Grand
•Deerhoof! Castro Theatre, April 27
•Gong Family Unconvention, the Melkweg, Amsterdam, Nov. 3–<\d>5, featuring Steve Hillage playing his first rock guitar solo since 1979, Acid Mothers Temple with the Ruins guesting on drum ’n’ bass, and local guitar superstar Josh Pollock invoking the spirit of Sonny Sharrock with Daevid Allen’s University of Errors (a truly explosive combo including ex-local DJ Michael Clare)
•Hawkwind, the same weekend as the Gong Uncon, in nearby Haarlem, full on with alien dancers, lasers in the stage fog, and Dave Brock announcing the encore: “If fuckin’ Lemmy kin play ‘Silver Machine,’ we kin fuckin’ play ‘Motörhead’!”
•Noncorporate radio in San Francisco: KUSF, KPOO, Western Addition Radio, Pirate Cat

Mining metadata

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The Board of Supervisors’ Rules Committee unanimously recommended Nov. 30 that all parts of a city document should remain in the public domain, including the document’s electronic fabric, or metadata.
If approved by the full board, which seems likely, the decision will signal a victory for a small but vocal group of activists who view metadata as an important front in the battle for public access to government documents.
Metadata is defined as data about data — information that can reveal nuances of a document, such as where it was created, how it was modified, and when it was transmitted. If you know how to use the Track Changes function in Microsoft Word, for instance, you can glean how a document’s numbers were calculated or how its text evolved.
Local activists Allen Grossman and Kimo Crossman argue that such access to city documents is one of our privileges as citizens: we pay for city government to represent us with our tax dollars and therefore have the right to track almost everything it does — down to the faintest of electronic fingerprints on an Excel spreadsheet. Grossman and Crossman got involved with the fight for metadata when board clerk Gloria Young denied their request for a copy of the Sunshine Ordinance in its original Microsoft Word format.
“Are we gadflies, whatever that means?” Grossman asked the Guardian the day before the Rules Committee made its recommendation. “I don’t think so. I think we have an interest in making sure that everyone else knows what’s going on.”
Some city officials say that granting boundless access to documents and their metadata is risky. Deputy city attorney Paul Zarefsky wrote a five-page memo expounding the dangers: it could let hackers into the computer system; it could leave city documents open to manipulation; it could burden city officials with more data awaiting redaction.
He and Young proposed that all city documents should be presented to the general public as PDFs, or portable document formats, which would exclude any metadata from the original document.
The Rules Committee’s recommendation unanimously rejected that proposal. Supervisor Ross Mirkarimi argued that while requests for metadata might be a nuisance to city officials, the city is still responsible for providing “all native data” to the general public that is consistent with the Sunshine Ordinance. When Supervisors Tom Ammiano and Sean Elsbernd agreed, room 263 at City Hall erupted with applause.
“The fact is that we’re entitled to see all public information that is not exempt,” Grossman told us. “To the extent that public information is buried in the other data, the metadata, we’re still entitled to see it.”

49ers aren’t worth public money

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EDITORIAL The prospect of the San Francisco 49ers moving to Santa Clara — and taking with them any hope of a 2016 Olympic bid for San Francisco — caught the Newsom administration off guard and has much of City Hall scrambling to figure out a way to keep the fabled sports franchise in San Francisco. It’s not a futile effort by any means: the deal to build a new stadium in Santa Clara still has a long way to go, and there are some very real issues (including the phenomenal parking and traffic problems and the utter lack of accessible transit).
But city officials need to keep a sense of perspective here: the loss of the Olympics was almost certainly a good thing, and the loss of the 49ers wouldn’t be the end of the world. So there’s no reason to even start to talk about handing out promises of more public money, tax breaks, or favorable land deals to keep the Niners in town.
We’ve never been terribly hot on the idea of hosting the Olympics. The last time the issue came up, with a possible bid for the 2012 games, we noted that cities hosting the Olympics tend to wind up with huge public debt and that the costs (typically including gentrification and displacement) aren’t worth the gains. Our articles infuriated local sports leaders, but we’re not the only ones raising questions these days. San Francisco Chronicle columnist Gwen Knapp, in an insightful Nov. 16 piece, suggested that the city might want to thank 49ers owner John York: “He might have saved San Francisco from a vanity project that often leaves ugly blemishes on a community’s bottom line.”
San Francisco is one of the world’s great cities, an international tourist destination, a place that’s already on everyone’s map. We don’t need the Olympics.
We may not need the 49ers either. That’s what Glenn Dickey, Examiner sports columnist, argued Nov. 14. Football teams, with a limited number of home games, bring very little to a local economy — and this is hardly a city that needs the name recognition of a National Football League franchise. “Mayor Gavin Newsom should spend his time on more critical priorities,” Dickey noted.
Of course, if the 49ers leave, something has to be done with the park formerly known as Candlestick — a white elephant that cost the city tens of millions of dollars in bonds. But almost any sort of new development there would do more for the neighborhood than a stadium filled by people who drive in, bring their own food, drive away, and spend almost no money at local businesses.
The San Francisco Giants managed to build a new stadium almost entirely with private money, and it’s been a huge financial success. The city shouldn’t be tempted to throw big chunks of public money at keeping the 49ers from moving. SFBG

SF Chronicle to Outsource All of Its Printing, reports Editor and Publisher Magazine. Will those “competitive” Hearst and Singleton papers cover the monopoly story and its impact on San Francisco and the Bay Area?

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By Bruce B. Brugmann

Well, after checking page the Daily Digest on page 2 of the San Francisco Chronicle business section (where I sometimes find a spot of Hearst/Singleton news), I found the monopoly story of the day in an online Editor and Publisher story out of New York, sent via Chain Links, the online publication of the Newspaper Guild.

It was another jolly tip of the iceberg of what is happening to the chains that dominate the newspaper business. The head: “SF Chronicle to OUtsource All of its Printing.” The lead: “NEW YORK: Hearst Corp. has signed a l5-year contract with Transcontinental to print the San Francisco Chronicle and its related products as well as provide post press services.” Second paragraph: “Production is slated to start in spring 2009 in a new plant based in the San Francisco Bay Area.” Third paragraph: “Transcontinental is a Montreal-based company that prints several newspaper in Canada like the Montreal daily La Presse a well as the New York Times for the Ontario and upstate New York markets?” Montreal? In Canada?

The terse six paragraph story yet again raises some key questions about the impacts of regional Hearst/Singleton monopoly: Wil the “competitive” Hearst and Singleton papers properly cover the story and its impacts for readers and advertisers and the public interest in the Bay Area?

For example, does this mean the end of union contracts for the pressmen? What does Hearst plan to do with its existing press equipment and press facilities? Fourth paragraph: “The new facililty is expected to surpass $l billion in total revenue over the l5-year period.” One billion? And just why is that money suddenly going to a company in Montreal, Canada, at the same time that Hearst revenues are going to Hearst headquarters in New York? What’s left for San Francisco?

There are already reports that Singleton (and other newspapers) are outsourcing advertising material to India. And there are reports amongst Singleton staffers that copy editing may be next. And then….City Hall reporting?
Again: Will Hearst and the “competitive” Singleton papers tell us what they are really up to? Or will it have to come from depositions and discovery in the Clint Reilly/Joe Alioto antitrust suit? We will do our best to follow the story at the Guardian and the Bruce blog. Meanwhile, I urge you to sign up for ChainLinks and follow the news from the Galloping Conglomerati. Some recent ChainLinks stories below: B3

‘SF Chronicle’ to Outsource All of Its Printing By E&P Staff

MediaNews profits up on acquisitions By Will Shanley
Denver Post Staff Writer

ChainLINKS. Scroll to the bottom of the website to join the e-mail list

The new sunshine “problem”

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EDITORIAL Matt Dorsey, who handles press for City Attorney Dennis Herrera, stopped by last week to talk to us about the barrage of public records requests that are coming in from one activist, Kimo Crossman, who is demanding so many records and so much information from so many departments that it’s costing the city big money.
The problem, Dorsey says, is a lot of the records that people like Crossman request (particularly if they have metadata, or hidden computerized information, embedded in them) have to be reviewed by a lawyer before they’re released to determine if any of the internal information might contain something confidential. The city typically accounts for its legal work at about $200 an hour — and already, Herrera’s office has spent hundreds of hours scouring records just to satisfy one aggressive gadfly whose sunshine activism is, we have to agree, sometimes rather scattershot. That’s a hefty taxpayer bill.
Dorsey’s done more for promoting open government than anyone who has ever worked for the Office of the San Francisco City Attorney, so we don’t dismiss his concerns. And we’ve said before and we’ll say again that the Sunshine Task Force needs to take up this issue, hold hearings, and make some policy recommendations.
Still, we had the same response we typically do when public records are at issue:
Why all the effort? Why the fuss? Just release the stuff. Give Crossman what he wants, and that will be the end of it.
Dorsey’s response: state law and state bar requirements mandate that attorneys, including municipal attorneys, carefully monitor all documents that might contain metadata and “at every peril to himself or herself” prevent any potentially confidential material from accidental release. “The lawyers in our office risk real penalties if they don’t carefully review every one of these requests, and that takes a lot of time,” Dorsey told us.
Well, if that’s a problem, the city and the state need to address it right now. Metadata is increasingly becoming part of government activities and will increasingly be part of public records requests by community activists. And there’s no reason that city employees, including city lawyers, should have to fear retribution if they make a good-faith effort to release information to the public.
Under state and local law everything the city government does is presumed to be public, unless it falls under one of a set of very narrowly defined exemptions.
But in San Francisco there’s been a culture of secrecy at City Hall that goes so far back and is so deeply inbred it’s hard to remove it from the political DNA. All sorts of deals are done behind closed doors. It’s considered perfectly acceptable to promise vendors bidding on public contracts that they can keep basic financial data secret. Every city official seems to think that every request needs legal review.
It’s ridiculous — and the supervisors, the mayor, and the city attorney should take some basic steps to end it.
For starters, the supervisors should pass a clear policy statement that says no city employee shall face any disciplinary action of any sort stemming from a good-faith effort to release information to the public. Herrera should tell his lawyers the same thing: nobody gets in trouble for handing out information.
Yes, there are sensitive documents, particularly in the City Attorney’s Office — but overall, the risk to the city of a mistaken release of confidential information is far, far lower than the risk (and the cost) of continuing this deep culture of confidentiality.
If that creates a problem with the state bar, Assemblymember Mark Leno should introduce a bill that eliminates any penalties or consequences for public agency lawyers who, in good faith, allow the release of public information that may unintentionally include confidential material.
Meanwhile, Crossman has a good idea: why not create a publicly accessible database that gets automatic copies of every document created at City Hall (unless there’s a damn good reason to mark it secret)? That way the busiest of the advocates can spend their time searching the files on their own, and the lawyers can go back to fighting Pacific Gas and Electric Co. SFBG

And now City Hall claims there’s a new “sunshine” problem. We suggest how to deal with it.

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By Bruce B. Brugmann

The City Attorney and City Hall are lathered and steamed these days because of a barrage of public records requests from Kimo Crossman, a public records activist with few equals.

The principle seems to be: go after Kimo full bore but do not molest PG@E on its low franchise fee in perpetuity, the lowest in the state,or its private power monopoly that is illegal under public power mandates of the federal Raker Act and U.S. Supreme Court. So we offer some suggestions on how to deal with the new “sunshine” crisis.
For starters, Kimo has a good idea: create a publicly accessible database that gets automatic copies of every document created at City Hall (unless there’s a damn good reason to mark it secret). That way the busiest of advocates can spend their time searching the files on their own, and the city’s lawyers can do what they ought to be doing, fighting PG@E. B3

SFBG: The new sunshine “problem”

City hall’s new secrets

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EDITORIAL Back in 1999 reporter Scott Rosenberg dug up a juicy little scoop for Salon: he found out that part of Microsoft’s annual report was written on an Apple computer. That caused the giant purveyor of Windows software (and Apple competitor) no small amount of embarrassment. And Rosenberg did this without any secret source or leaked records; he just looked at the metadata embedded in the files of public company documents.
Metadata is part of the new frontier of public-records law. It’s the stuff you can’t see that’s hidden in digital versions of, say, Microsoft Word documents. It shows what computer (and type of computer) created the document and often shows the revisions the document has gone through. It’s sort of an electronic history of what used to be something typed on paper — and as such, it’s extremely useful to researchers who want to follow what the government is doing.
It’s also, all too often, something that public officials want to hide. That’s the case in San Francisco, where Gloria Young, the clerk of the Board of Supervisors, has refused to release copies of the original Word versions of what are clearly public records. She wouldn’t, for example, give out a Word copy of the city’s Sunshine Ordinance.
That’s a mistake — and the Board of Supervisors needs to direct Young to change her policy.
Young isn’t refusing to release the records per se — she’s had them made into PDFs, the electronic equivalent of photocopies that don’t contain the embedded data. And she’s released those versions. The office of City Attorney Dennis Herrera concluded Sept. 19 that city officials have the right to withhold metadata and provide documents only in PDF format. The argument, contained in a six-page memo, goes more or less like this:
A Word version of a document can be edited and changed — and thus someone who requests a public record might alter it and then pass it off as a true version.
Besides, metadata might possibly contain privileged information (legal advice from an attorney). It might include early drafts of a document (which are exempt from disclosure but really shouldn’t be). And it might give somebody with evil intent the ability to hack into the city’s computer system and do a lot of damage.
In the end, deputy city attorney Paul Zarefsky argues, figuring out where there is and isn’t metadata and what it might include is a huge job that requires special skills and would be inordinately burdensome for city agencies.
The first argument is just silly. Sure, somebody could take a copy of a city record and alter it — but enterprising scammers have always been able to take real records and turn them into phonies. That’s why the city keeps the originals on file and releases only copies.
The rest of Zarefsky’s analysis is a bit more complex. But in the end the posture of the city is far too defensive. This is, after all, data that was produced by city employees on the taxpayers’ dime. And like just about everything else the city produces — with only narrow exceptions — it ought to be released to the public.
We don’t buy the argument that there are vast stores of deep secrets lurking in the metadata that might somehow damage the city’s interests. There may be a few specific cases in which documents have been reviewed by the City Attorney’s Office and might include confidential advice. But most of the material will simply show who created the document, how it was edited (and by whom), and how all of that relates to the final product. Like the Microsoft revelation, some of that might embarrass city hall — but that’s not an excuse to keep it secret.
Tom Newton, general counsel for the California Newspaper Publishers Association, noted in a Sept. 22 letter to the Sunshine Ordinance Task Force that the “CNPA is aware of no other state or local agency that has adopted this restrictive policy.”
Herrera’s office, interestingly, isn’t arguing that all metadata must be secret — the opinion only says that department employees have the ability to withhold it if they want to. That’s where the supervisors need to weigh in.
Young asked the Rules Committee on Nov. 2 for policy direction on the matter. The committee heard testimony and took the matter under advisement.
The chair, Sup. Ross Mirkarimi, should bring up the issue again at the next possible meeting, and the committee should direct Young — and all other city officials — to stop using metadata as an excuse to withhold documents. San Francisco ought to be taking the lead here and setting a policy precedent for cities across the state. SFBG
PS This is just one example of what seems to be a renewed war on sunshine at City Hall. The task force just had its budget cut and no longer has a full-time staffer assigned to it (although the Sunshine Ordinance mandates full-time staff assistance). The supervisors should make it clear that San Francisco isn’t going to slide backward into the old, dark days.

EDITOR’S NOTES

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› tredmond@sfbg.com
I tell this story to politicians a lot, and I’m telling it again because there’s an awful lot of angst at City Hall over the demands of a few (admittedly madly aggressive) sunshine advocates who are coming close to paralyzing some departments.
The tale goes back, way back, to about 1986, when a reporter named Jim Balderston and I got onto a story about the horrible, potentially deadly problem of asbestos contamination in the public schools. We called Ray Cortines, who had just taken over as school superintendent, and asked to see a long, long list of district records — the sort of broad, sweeping request that makes city attorneys work hundreds of hours trying to decide how to comply.
But Cortines didn’t call the city attorney. He invited us over to district headquarters, took us into a room filled with file cabinets, and said: here you go. He told a staffer to help us make copies of what we needed. Then he left us alone.
No district lawyer sat in the room checking to be sure that there was nothing confidential in the files. Nobody prescreened the stuff for possible secrets.
We spent a week there and came out with some amazing stories that embarrassed a lot of district officials — and may have saved the lives of a lot of kids.
I’m sure there were reams of documents in those files that contained what are technically confidential bits of information. But here’s the amazing thing: nothing bad happened.
The district didn’t lose any lawsuits because of what ran in the paper. No labor contracts were jeopardized. No personnel records were wrongly exposed. Not a goddamn thing.
This is what drives me nuts about “metadata” and all the other stuff that gadflies like Kimo Crossman are asking for, tying the City Attorney’s Office in knots and costing the taxpayers all this money.
Please: just give it to them. The republic will survive. SFBG

The other races

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By Tim Redmond

Nobody’s talking much about D-21 and D-10, and for good reason; They were foregone conclusions. Michela Alioto-Pier and Sophie Maxwell have cruised easily to re-election. So the new board will have four of five incumbents returning: Daly, Maxwell, Alioto-Pier and Dufty. Only the open seat, D-4, will send a new representative to City Hall.

It’s all over but the shouting

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By Tim Redmond
And there was just a huge whoop of happiness when word flashed across the screen at City Hall that Chris Daly has 49.9 percent of the vote, and is virtually guaranteed re-election.

There’s more: The School Board looks like Jane Kim, Hydra Mendoza and Kim-Shree Maufas. John Rizzo has displaced Johnny Carter, adding another badly needed reformer to the Community College Board.

In District 4, it’s still a toss-up — Ron Dudum is narrowly ahead of Ed Jew and Jaynry Mak, and this one will go into overtime.

Good news for Daly

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Live report from Tim Redmond

I just spoke by cell phone to a Daly campaign staffer. The campaign has been monitoring the returns at the precinct level, checking the tags as they’re printed out of the machines before they go to City Hall. According to those reports, Daly is 950 votes ahead in the 27 precincts they’ve counted. That’s very good news.

The big news on the School Board is that Jane Kim is now in first place, followed by Hydra Mendoza and Dan Kelly. Kim is almost guaranteed victory. It’s possible that Kelly won’t make the final cut, and three new members will join the board.

City Hall, 8 pm

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By Tim Redmond

Not a whole lot going on here yet, no results yet and it will be a while. But nationally, the Democrats have picked up nine in the house. Good news so far.

The race that I find the most interesting is the Rhose Island Senate contest, where Lincoln Chaffee, a popular liberal Republican who opposed the war, lost anyway. People were so mad at Bush and the GOP that they voted against a Republican who had soaring popularity ratings.

Says something.

Pacificans continue their battle with a Miami developer

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By G.W. Schulz

For locals familiar with the small town of Pacifica, nestled quietly off Highway 1 a few miles south of the city, major commercial development isn’t the first thing that comes to mind. It’s mostly a residential town with a Safeway, a Taco Bell, and not much else comprising its business community as far as chains go.

Over the years, various developers have targeted a patch of empty land near the beach that once served as an 87-acre rock quarry (known as Rockaway Quarry) until its owner grew old and Pacificans began using the now naturally outgrown tract as a network of unmarked trails.

An East Coast developer named R. Donahue Peebles bought the quarry last summer for $7.5 million and has pledged to build 350 exclusive hotel suites, 130 single-family homes, more than 200 town houses, live-work lofts and apartments, and an untold number of stores, such as the Gap and Trader Joe’s.

But Peebles is up against one thing that has stopped developers in the past: a 1983 city ordinance that requires any developer to receive voter approval before including a housing element in the quarry’s future. Pacifica has so much residential property as it stands that its early hope was to attract some commercial businesses to help fortify city coffers with new tax revenue. But Peebles stands to make a hefty chunk of change if housing is included in the development; he’s told the business press in the past that single-family homes on the property could range anywhere from $3 million to $8 million.

Peebles has so far shrewdly declined to submit an official plan to the city, but through a series of public meetings has been promising a mixture of housing and commercial elements, both designed with New Urbanism concepts.

When we first reported this story a few months ago, records we’d obtained from Pacifica’s City Hall showed Peebles had already spent $163,000 attempting to overcome the 1983 law with Measure L, which Pacifica residents will vote on today. Since then, we’ve learned that Peebles has spent $1.3 million, and critics are now complaining about two push polls residents have received in recent months. (One reported question: “Would you prefer this project or the big-box store it’s currently zoned for?”)

We noted that Peebles had hired a costly public relations firm (two staffers worked as communications hacks for both the Democratic AND Republican parties; only big money consulting gigs can truly ease partisan woes) and a group of Sacramento lawyers known for their success at carrying ballot measures. Tens of thousands more went to professional petition circulators. Peebles is no virgin to development battles. He’s played a role in erecting major hotels and commercial office buildings inside cities on the East Coast where cronyism and pay-to-play politics are a fact of everyday life.

And Peebles isn’t the first developer to take on Pacifica’s 1983 law. Just a few years ago, a publicly traded Texas developer named Trammell Crow spent nearly $300,000 in an attempt to build 165,000 square feet of retail space, over 300 apartments and townhouses and a town center. The effort was easily defeated by voters. Some concern over how development at the quarry would impact the area ecologically still exists today.

Rain or shine, opponents of Measure L say they’ll be taking a walk along the quarry this evening after an election party.

More Hellman on SFSOS

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By Steven T. Jones
I just got another call from Warren Hellman, who said he was saddened to see a group he founded but later disavowed — the sleazy conservative attack organization SFSOS — is one of the only groups in town to oppose the school bond measure Proposition A, which Hellman actively supports (his band will even be playing the campaign’s election night party at Slim’s tonight).
“For once, there is goodwill all around on something,” Hellman said of the school bond, which business groups such Committee on Jobs and progressives such as the SF People’s Organization enthusiastically support.
But he’s ashamed to see SFSOS opposing it, sending messages of concern to the group’s leader, Wade Randlett, and funder, Don Fisher, asking the group to send a message to its list noting that most business groups support it.
“It’s a personal vendetta on the part of the guy who runs SFSOS,” Hellman said.
That guy, Randlett, suddenly started attacking the school district last year when the superintendent was at odds with the school board. Randlett was secretly having an extramarital affair at the time with the superintendent’s spokesperson Lorna Ho (Randlett has since left his wife, Tamsin Randlett, and is still with Ho), which seemed to have been what prompted SFSOS to flip its focus from parks and potholes to the schools. And apparently, Randlett holds a grudge like few others, so he’s urging voters to deny needed school facilities to the kids. It’s a telling testament to the guy and the group that is leading the attacks on Chris Daly and openly supporting challenger Rob Black. It’s not too late to grab a Daly sign from his 16th and Mission HQ and do everything you can to keep this kind of sleaze out of City Hall.

More Hellman and SFSOS

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By Steven T. Jones
I just got another call from Warren Hellman, who said he was saddened to see a group he founded but later disavowed — the sleazy conservative attack organization SFSOS — is one of the only groups in town to oppose the school bond measure Proposition A, which Hellman actively supports (his band will even be playing the campaign’s election night party at Slim’s tonight).
“For once, there is goodwill all around on something,” Hellman said of the school bond, which business groups such Committee on Jobs and progressives such as the SF People’s Organization enthusiastically support.
But he’s ashamed to see SFSOS opposing it, sending messages of concern to the group’s leader, Wade Randlett, and funder, Don Fisher, asking the group to send a message to its list noting that most business groups support it.
“It’s a personal vendetta on the part of the guy who runs SFSOS,” Hellman said.
That guy, Randlett, suddenly started attacking the school district last year when the superintendent was at odds with the school board. Randlett was secretly having an extramarital affair at the time with the superintendent’s spokesperson Lorna Ho (Randlett has since left his wife, Tamsin Randlett, and is still with Ho), which seemed to have been what prompted SFSOS to flip its focus from parks and potholes to the schools. And apparently, Randlett holds a grudge like few others, so he’s urging voters to deny needed school facilities to the kids. It’s a telling testament to the guy and the group that is leading the attacks on Chris Daly and openly supporting challenger Rob Black. It’s not too late to grab a Daly sign from his 16th and Mission HQ and do everything you can to keep this kind of sleaze out of City Hall.

The Daly Show

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By Sarah Phelan

In the past few months, I’ve attended numerous city hall meetings in which Sup, Chris Daly vigorously pushed for more police foot patrols. Also sitting through those meetings were reporters from the San Francisco Chronicle, who witnessed Daly pushing Police Chief Heather Fong to implement the program that residents of Daly’s district and other violence-plagued areas of the city, are literally begging for. They also watched as Daly questioned whether the police department’s request for more funding was premature, something that the city’s budget analyst recently concluded was in fact true.
So it was disappointing, if not surprising, to watch the Chron repeat the B.S. about Daly’s supposed attempts to block funding for the police
And it was disappointing, if not surprising to hear Daly’s challenger Rob Black make similar claims, while on the phone to the Guardian answering questions about his connections to lobbyist and political mastermind Jim Sutton and his clients PG&E.
Black spewed the statistic that “30 percent of crime takes place in Daly’s district,” then claimed that Daly had done nothing about it, including repeating the lie that, “Chris Daly talks about the need for beat officers, but isn’t willing to put the money there.”
That statement simply isn’t true, as city watchers all know, so it was a relief to see BeyondChron take the Chron to task for its incessant peddling of misinformation, which apparently is their way of trying to influence the elections. Maybe there is hope, after all, that lies won’t trump the truth this fall.

So why did the SF Weekly’s Matt Smith endorse a PG@E attorney for supervisor?

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Matt Smith, a columnist for the SF Weekly/Village Voice/New Times, parachuted into the Sunset to check out the field of supervisorial candidates and ended up last week all but endorsing Doug Chan as the PG@E candidate for supervisor.

What Smith’s investigation didn’t turn up was the disturbing fact that Chan is an attorney whose law firm, Chan, Doi, and Leal, has received more than $460,913 in fees from PG@E in the past five years, according to documents on file with the California Public Utilities Commission. (See my earlier blog and our editorial for more details).
Chan is also the beneficiary of a tidal wave of sleazy independent expenditure mailings to Sunset residents, probably from the same PG@E/downtown gang creating the tidal wave of IE sleaze on behalf of Rob Black in the Chris Daly race. (See our stories). The PG@E gang want Chan and Black in City Hall. I asked Smith by email if this were a continuation of the PG@E-smitten campaign that then editor John Mecklin and then reporter Peter Bryne conducted on behalf of PG@E and against the two public power campaigns in 200l and 2002. He parried the question. Chan and the Weekly both ended up in the Guardian’s Hall of Shame after the PG@E victories.

The point: maybe, if this is how the New Times would go about endorsements, it isn’t such a good idea to raise the issue. Their politics appear to be desert libertarianism on the rocks, with stalks of neocon policy. What would the Village Voice/New Times position be on the war and Bush et al? Well, back to Dan Savage, the Voice/New Times sex columnist who has been known to slip an endorsement into his column. (See my previous blog).

P.S. Full disclosure: I live out in the West Portal district a few blocks from the Sunset District. And I am getting tired of supervisors like Sean Elsbernd and Fiona Ma and supervisorial candiates like Doug Chan who come on as “neighborhood” candidates but once in office quickly become anti-neighborhood, pro-PG@E, pro-Downtown supervisors and callup votes for the mayor, PG@E, and downtown. My alternative choices for the Sunset:
Jaynry Mak and David Ferguson, who understand the perils of PG@E and the virtues of public power. B3

PG&E’s candidates

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

PG&E’s extreme makeover

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

Why won’t the PG@E attorney for supervisor answer some questions?

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Douglas Chan, an attorney with the law firm of Chan, Doi, and Leal, is a candidate for supervisor from the Sunset District. PG@E has paid $2l0,054 to his firm the last two years, according to PG&E’s filings with the California Public Utilities Commission.

Chan also disclosed that he has received more tthan $l0,000 during the last year in gross income including his pro rata share of the gross income of the firm from five clients (PG&E, Ferry Plaza Limited Partnership, Chess Ventures Legal Challenge, Sugarbowl Bakery, and Chinese Consolidated Benevolent Association), according to his Statement of Economic Interest filed with the Ethics Commission. This is nothing new for Chan: Back in 2002, he put his name on PG@E campaign material opposing the public power initiative and supporting PG@E and thus earned a spot in the Guardian’s Hall of Shame that year.

The PG@E connection raises some serious questions for Chan. He refused to be interviewed for our Guardian editorial endorsement interviews of candidates for supervisor (even though most other candidates in other races came in for interviews.) And he and his campaign staff have refused to talk to us about these questions. So it may be up to the residents inside and outside the Sunset District to ask him these questions at candidates’ nights and when they spot Chan on the campaign trail. Good luck! Let us know. These are the questions I emailed today to Chan, his campaign manager Tom Hsieh jr., and his firm.

To Doug Chan, Tom Hseih jr., Nicole Yelich, and to Chan, Doi and Leal:

We’ re sorry that Doug Chan, as a candidate for public office in the Sunset District (not far from where I live), has decided not to come to the Guardian for our normal round of candidate interviews, as almost everyone has done in other campaigns.

We’re also sorry that we cannot reach him, or anyone in his campaign, who can answer some important questions about the relationship that he and his law firm have had with PG@E for years. So I am asking these questions by email (for Guardian coverage and for my Bruce Blog at sfbg.com):

l. PG@E has paid $2l0,054.ll to the Chan, Doi, and Leal law firm during the last two years, according to PG@E filings with the CPUC. What has PG@E paid the law firm so far this year? Will PG@E be an ongoing client of the firm? What is the total that PG@E has paid the law firm through the years? What percentage of the firm’s revenue has been paid directly or indirectly by PG@E, year by year? If elected, will Chan fully divest himself and disengage completely from the firm?

2. What work has Chan himself done for PG@E? In reading through the resume of Chan and the partners of the firm, it doesn’t appear that this firm or its partners have any specific utility or energy expertise. Why then did PG@E hire this firm?

3. Did PG@E encourage Chan to run for the Sunset supervisorial seat?

4. Have you asked the city attorney for an opinion on how PG@E’s hiring of the firm and Chan would affect his votes and whether he would have to recuse himself on such votes as public power, the community choice aggregation project, and the many other projects and votes involving PG@E? If you have an opinion, what is it?

5. What is Chan’s position on enforcing the Raker Act and bringing Hetch Hetchy power to the city for our residents and businesses? Would he vote to put on the ballot an initiative proposal to buy out PG@E’s transmission lines and make San Francisco a public power city? Would he for example support proposals such as the last two public power proposals that went on the ballot? We would appreciate his reasoning on this critical issue that costs the city hundreds of millions of dollars a year.

6. Would he vote to direct the city attorney to sue PG@E to make null and void the city’s l939 PG@E franchise fee, which is the lowest in the state, and PG@E claims is signed in perpetuity? If not, why not? We would appreciate his reasoning on this critical issue that costs the city tens of millions a year.

7. What is Chan’s position on the community choice aggregation proposal now before the board? On the city’s development of alternative power sources such as solar, tidal, etc.? ON tearing down the ruinous Potrero Hill power plant?

7. The critical question: given PG@E’s heavy investment in Chan and his firm, could Chan explain to us and the people of the Sunset how you would represent them fairly and honestly on these critical public power/public resource issues and not be under the influence of your former client PG@E?

Thanks very much. We would appreciate talking to Chan directly or, if that is not possible, getting his answers to the above crucial public power and public policiy quetions from him. Thanks very much. B3

Doug Chan, PG&E’s man at City Hall

Doug Chan, PG&E’s man at City Hall

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By Tim Redmond

Matt Smith, the SF Weekly columnist, did a little investigative reporting last week and discovered that Doug Chan, candidate for supervisor from District 4, does, indeed, live in the district, has a messy house and hasa neighbor who complains about him hogging the laundry room. But after what appears to have been a brief conversation (summarized in a couple of paragraphs), Smith concludes that Chan is really a hell of a guy, and would be a fine supervisor. (He main claim to fame, according to Smith, is that he thinks “ideology is killing San Francisco.”) What an ass.

Smith’s bang-up investigation, however, missed a little fact that’s easily accessible to anyone who checks some state and local public records. Chan is an attorney for Pacific Gas and Electric Co.

In fact, California Public Utilities Commission records show that Chan’s law firm, Chan, Doi and Leal, has received more than $200,000 in legal fees from the utility in the past two years. Chan himself, as a partner, has pocketed at least $10,000 of that money, according to his economic interest statements.

It’s hard to figure out what Chan has done for PG&E — he clearly doesn’t do utilities law (or much else that fits PG&E’s needs, according to his own website.)

Should the city elect a candidate who has derived a substantial amount of his personal income from one of the greatest lawbreakers in town, a company the city is fighting now over public power in Bayview Hunters Point and will be fighting bitterly over citywide public power in the next few years?

Matt?

The first 40

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› bruce@sfbg.com
On Oct. 27, l966, my wife, Jean Dibble, and I and some journalist and literary friends published the first issue of the first alternative paper in the country that was designed expressly to compete with the local monopoly daily combine and offer an alternative voice for an urban community.
We called it the San Francisco Bay Guardian, named after the liberal Manchester Guardian of England, and declared in our statement of intent that the Guardian would be a new model for a big-city paper: we would be independent and locally owned and edited, and we would be alternative to and competitive with the San Francisco Examiner and San Francisco Chronicle, which were published under a joint operating agreement that allowed them to fix prices, pool profits, share markets, and avoid competition.
We stated that “the Guardian is proposed, not as a substitute for the daily press, but as a supplement that can do much that the San Francisco and suburban dailies, with their single ownership, visceral appeal and parochial stance, cannot and will not do.” And we played off the name Guardian by stating that we would be “liberal in assessing the present and past (supporting regional government, nuclear weapons control, welfare legislation, rapid transit, tax reform, consumer protection, planning, judicial review, de-escalation and a promptly negotiated settlement in Vietnam.)” But the Guardian would also be “conservative in preserving tradition (civil liberties and minority rights, natural resources, watersheds, our bay, our hills, our air and water).”
It was rather naive to challenge the Ex-Chron JOA with little more than a good idea and not much money and a wing and a prayer. We had almost no idea of what we were getting into in San Francisco, a venue that Warren Hinckle of Ramparts and many other defunct publications would later describe as the Bermuda Triangle of publishing. But we had, I suppose, the key ingredient of the entrepreneur — the power of ignorance and not knowing any better — and somehow thought that if we could just get a good paper going, the time being l966 and the place being San Francisco and the world being full of possibilities, we would make it, come hell or high water.
Well, after going through hell and high water and endless soap operas for four decades, Jean and I and the hundreds of people who have worked for the Guardian through the years have helped realize the paper’s original vision and created something quite extraordinary: an influential new form of independent alternative journalism that works in the marketplace and provides what little real competition there is to the monopoly dailies. And let me emphasize, the alternatives do not require government-sanctioned JOA monopolies and endless chains and clusters of dailies and the other monopolizing devices that dailies claim they need to survive.
Today I am delighted to report that there are alternative papers competing effectively with their local chains throughout the Bay Area (seven, more than any other region), throughout the state from Chico to San Diego (22, more than any other state), and throughout the nation (126 in 42 states, with a total circulation of 7.5 million, and more coming all the time). There are even cities with two and three competing alternatives, and there are cities where the monopoly daily is forced by the real alternatives to create faux alternatives to try to compete (it doesn’t work). And alas, there is now a Village Voice–New Times chain of 17 papers in major markets, including San Francisco and the East Bay, that is abandoning its alternative roots and moving to ape its daily brethren.
Jean and I met at the University of Nebraska at Lincoln in 1957. Two friends and I were driving around Lincoln one fine spring day, drinking gin and tonics, which were drawn from a tub of gin and tonic that we had mixed up and stashed in the trunk of our car. We happened upon Jean and her younger sister, Catherine, who had come from a Theta sorority function and were standing on a street corner waiting for their mother to pick them up and take them to the Dibble family home in nearby Bennet (population: 412). We stopped, convinced them to ride with us, and got them safely home. They declined our offer of gin and tonics, as did their astonished parents and grandmother when we arrived at the Dibble house.
Jean and I made a good team. We both had small-town Midwestern values and roots in family-owned small-business. Her father owned lumberyards in small towns in southeast Nebraska. Her maternal grandfather founded banks in Kansas and Nebraska and was the state-appointed receiver for failed banks in Kansas during the Depression. Her paternal grandfather owned a grocery store in Topeka, Kan. Jean had the business background and the ability to create a solid start-up plan — she was a graduate of the Harvard-Radcliffe Program in Business Administration and had worked in San Francisco for Matson Navigation as well as Hansell Associates, a personnel firm.
I was the son and grandson of pioneering pharmacists in Rock Rapids, Iowa. (Population: 2,800. Slogan: “Brugmann’s Drugs. Where drugs and gold are fairly sold. Since l902.”) I had the newspaper background, starting at age l2 writing for my hometown Lyon County Reporter (under the third-generation Paul Smith family); going on to the campus paper (which we called the Rag) and then the Lincoln Star (under liberal city editor “Sterl” Earl Dyer and liberal editor Jimmy Lawrence); getting a master’s degree in journalism at Columbia University in New York City; and then working at Stars and Stripes in Korea (dateline: Yongdongpo), the Milwaukee Journal (where I got splendid professional training at one of the top 10 daily papers in the country), and the Redwood City Tribune (where I plowed into some of the juicy Peninsula scandals of the mid-l960s in bay fill, dirt hauling, and the classic Pacific Gas and Electric Co.–Stanford University Linear Accelerator battle). To those who ask how Jean and I have worked together for 40 years, I just say we have complementary abilities: she handles the bank, and I handle PG&E.
Not only did I find my partner at the University of Nebraska, but I also got the inspiration for the Guardian. In fact, I can remember the precise moment of truth that illuminated for me the value of an alternative paper in a city with a monopoly daily press (then, in Lincoln, a JOA between the afternoon Lincoln Journal and the morning Lincoln Star) that was tied into the local power structure, then known as the O Street gang (the local business owners along the downtown thoroughfare O Street). The O Street gang was so quietly powerful that it once decided to fire the Nebraska football coach before anyone bothered to notify the chancellor.
As a liberal Rag editor in the spring of 1955, I had just put out an important front-page story on how one of the most controversial professors on campus, C. Clyde Mitchell, who had been under fire for years from the conservative Farm Bureau and others because of his liberal views on farm policy, was being quietly axed as chair of the agricultural economics department.
We had gotten the tip from one of Mitchell’s students and had confirmed it by talking to professors in his department who had attended the meeting where the quiet firing was announced by Mitchell’s dean. Our lead story was headlined “Ag Ex Chairman Mitchell said relieved of post, outside pressures termed cause.” And I wrote a “demand all the facts” editorial arguing in high tones that “any attempt to make professors fair game for irresponsible charges, any attempt by pressure groups unduly to influence the academic position of university personnel … is an abridgment of the spirit of academic freedom and those principles of free communication protected by the Constitution and the Bill of Rights.” It was a bombshell.
The Lincoln Journal fired back immediately with a classic daily front-page story seeking to “scotch” the nasty rumors started by that pesky Rag on the campus. The story had all the usual recognizable elements: it did not independently investigate, did not quote our story properly, did not call us for comment, took the handout denial from the university public relations office, and put it out without blushing. Bang, that was to be the end of it, on to the next press release from the university.
It made me mad. I knew our story was right, the daily story was wrong, and the story was important and needed to be pursued. And so I stoked up a campaign for the rest of the semester that ultimately emboldened Mitchell to make formal charges that the university had violated his academic freedom. He gave us the scoop for two rousing final editions of the Rag. The proper academic committee investigated and upheld Mitchell but dragged the case out and waited until I graduated to release the report.
Against the power structure and against all odds, Mitchell, the Rag, and I had won the day and an important victory on behalf of academic freedom in a conservative university in a conservative state during the McCarthy era. During this battle I learned how the power structure fights back against aggressive editors. At the height of my campaign defending Mitchell, I was kept out of the Innocents Society, the senior men’s honorary society, although my four subeditors and managers all made it in. The blackball, the campus rumor went, came directly from the regents president, J. Leroy Welch, then president of the Omaha Grain Exchange (known to our readers as the “Old Grain Head”), via the chancellor via the dean of men.
I am forever indebted to them. They taught me at an impressionable age about the power of the alternative press and why it is best exercised by an independent paper on major power structure issues. They also taught me a lot about press freedom, which they were trying to grab from the Rag and me, and how we had to fight back publicly and with gusto.
When Jean and I founded the Guardian, we did so in the spirit of my old Rag campaigns. In fact, we borrowed the line from the old Chicago Times and put it on our masthead: “It is a newspaper’s duty to print the news and raise hell.” We wanted a paper that would be willing and able to do serious watchdog reporting and take on and pursue the big stories and issues that the monopoly dailies ignored — and then were ignored by the radio, television, and mainstream media that take their news and policy cues from the Ex and Chron. In JOA San Francisco that was a lot of stories, from the PG&E Raker Act scandal to the Manhattanization of the city to the theft of the Presidio to the steady conservative downtown drumbeat on such key issues as taxes, social justice, the homeless, privatization, war and peace, and endorsements.
Significantly, because of our independent position and credibility, we were able to lead tough campaigns on public power, kicking PG&E out of a corrupted City Hall and putting a blast of sunlight on local government with the nation’s first and best Sunshine Ordinance and Sunshine Task Force.
Our first big target in our prototype issue was the Ex-Chron JOA agreement, which we portrayed in an editorial cartoon as two gigantic ostrich heads coming out of a single ostrich body, marked in the belly with a huge dollar sign. Our editorial laid out the argument that we have used ever since in covering the local monopoly and in positioning the Guardian as the independent alternative. “What the public now has in San Francisco, as it does in all 55 or so of 1,461 cities with dailies, is a privately owned utility that is constitutionally exempt from public regulation, which would violate freedom of the press. This is bad for the newspaper business and bad for San Francisco.”
The Guardian prospectus, used to raise money for the paper, bravely put forth our position: “A good metropolitan weekly, starting small but speaking with integrity, can soon have influence in inverse proportion to its size. There is nothing stronger in journalism than the force of a good example.”
It concluded, “The Guardian can succeed, despite the galloping contraction of the press in San Francisco, because there are many of us who feel that the newspaper business is a trade worth fighting for. That is what this newspaper is all about.” And we quoted the famous phrase used by Ralph Ingersoll in the prospectus for his famous PM newspaper in New York: “We are against people who push other people around.”
Our journalistic points were embarrassingly timely. A year before the Guardian was launched, Hearst and the Chronicle had formed the JOA with the Examiner and killed daily newspaper competition in San Francisco. The two papers combined all their business operations — one sales force sold ads for both, one print crew handled both editions, one distribution crew handled subscriptions and got both papers out on the streets. The newsrooms were supposedly separate — but as we pointed out over and over at the time and ever after, the papers lacked any economic incentive to compete.
The San Francisco JOA became the largest and most powerful agreement of its kind in the country, and San Francisco was the only top-10 market in the country without daily competition.
This was all grist for the Guardian editorial mills because the JOAs, most notably the recent SF JOA, were in serious legal trouble. The US attorney general was successfully prosecuting a JOA in Tucson, Ariz., claiming the arrangement was a violation of antitrust laws. Naturally, the local papers were blacking out the story. But if the Tucson deal was found to be illegal, the Chron and Ex merger would be illegal too — and the hundreds of millions of dollars the papers were making off the arrangement would be gone.
The JOA publishers, led by Hearst and the Chronicle, quietly started a major lobbying campaign in Washington for emergency passage of a federal law that would retroactively legalize their illegal JOAs. They called it the Newspaper Preservation Act. Meanwhile, the late Al Kihn, a former camera operator for KRON-TV (which was at the time owned by the Chronicle), had prompted the Federal Communications Commission to hold hearings on whether the station’s license should be renewed. His complaint: his former employer was slanting the news on behalf of its corporate interests. We pounced on these stories with relish.
For example, in our May 22, 1969, story “The Dicks from Superchron,” we disclosed how private detectives under hire by the Chronicle were probing Kihn’s private life and seeking to gather adverse information about him to discredit his complaint and to “harass and intimidate him,” as we put it. Later, I found that the Chronicle-KRON had also hired private detectives to get adverse information on me.
I was a suspicious character, I guess, because I had gone to the KRON building to check the station’s public FCC file on the Kihn complaints, the first journalist ever to do so. The way the story came out at a later hearing was that the station’s deputy director left the room as I was going through the records and called Cooper White and Cooper, then the Chronicle’s law firm. An attorney called their investigators, and four cars of detectives were pulled off other jobs and ordered to circle the building until I came out and then follow me when I left the station to return to my South of Market office. They also surveilled me for several months and even sent a detective into the office posing as a freelance writer. (The head of the detective agency and I later became friends, and he volunteered that I was “clean.” He gave me a pillow with a large eye on it that said “You are being watched.” I displayed it proudly in my office.)
Kihn and I were asked to testify before a Senate committee about the Chronicle-KRON’s use of private detectives at hearings on the Newspaper Preservation Act in Washington in June 1969. I took the occasion to call the legislation “the bill for millionaire crybaby publishers.”
I detailed the subsidies in their special interest legislation: “amnesty, immunity from prosecution, monopoly in perpetuity, the legal right to gun down what few competitors remain, and as the maraschino cherry atop this double-decker sundae, anointment as the preservers and saviors of the newspaper business.” And I summed up, “If you plant a flower on University of California property or loose an expletive on Vietnam, the cops are out of the chutes like broncos. But if you are a big publisher and you violate antitrust laws for years and you emasculate your competition with predatory practices and you drive hundreds of newspapers out of business, then you are treated as one of nature’s noble men. And senators will rise like doves on the floor of the US Senate to proffer billion-dollar subsidies.”
After I finished, Sen. Everett Dirksen (R-Illinois) rose as the first dove and characterized my testimony as “quite a dramatic recital” but said that I had not provided a “workable, feasible solution.” Sen. Philip Hart (D-Michigan) recommended that the publishers ought to “read their own editorials and relate them to their business practices.” Morton Mintz, who covered the hearing for the Washington Post, came up and congratulated me. His story, with my picture and much of my testimony, was on the front page of the Post the next day.
Back in San Francisco the Chronicle published a misleading short story in which publisher Charles de Young Thieriot avoided admitting or denying the detective charge and added he had no further comment. Less than a week later, Thieriot wrote the Senate subcommittee and admitted to the charge, saying the use of the detectives was “entirely reasonable and proper.” This statement, which contradicted his statement in his own paper, was not reported in the Chronicle. The “competing” Examiner also reported nothing — neither the original private detective story nor the Washington testimony nor the Thieriot admission.
Nor did either paper report anything about the intensive JOA lobbying campaign headed by Hearst president Richard Berlin, who twice wrote letters to President Richard Nixon threatening the withdrawal of JOA endorsements in the l972 presidential election if he refused to sign the final bill. This episode illustrated in 96-point Tempo Bold the pattern of Ex and Chron suppression and obfuscation they used to advance their corporate agenda at the expense of the public interest and good journalism, all through the years and up to Hearst’s current monopoly maneuvers with Dean Singleton and the Clint Reilly antitrust suit to stop them.
Perhaps the most telling incident came when Nicholas von Hoffman, in his Washington Post column that was regularly run in the Chronicle, called the publishers “as scurvy as the special interests they love to denounce.” He singled out the Examiner and Chronicle publishers, writing that they were “so bad that the best and most reliable periodical in the city is the Bay Guardian, a monthly put out by one man and a bunch of volunteer helpers.” Neither paper would run the column, and neither paper would publish it as an ad, even when we offered cash up front. “The publisher has the right to refuse to run anything he wants, and he doesn’t have to give a reason,” the JOA ad rep told us. The Guardian of course gleefully ran the censored column and the censored ad in our own full-page ad.
On July 25, l970, the day after Nixon signed the Newspaper Preservation Act, the Guardian filed a major antitrust action in San Francisco attacking the constitutionality of the legislation and charging that the Ex-Chron JOA had taken the lion’s share of local print advertising, leaving only crumbs for other print publications in town. We battled on for five years but finally settled because the suit became too expensive. The Examiner and Chronicle continued to black out or marginalize the story, but they and the other JOA papers gave Nixon resounding endorsements in the l972 election even though he was heading toward Watergate and unprecedented disgrace.
Well, in October 2006 the mainstream press is a different creature. Hearst and publisher Dean Singleton are working to destroy daily competition and impose a regional monopoly. The Knight-Ridder chain is no more, and the McClatchy chain has turned the KR remains into what I call Galloping Conglomerati. Even some alternatives, alas, are now getting chained. Craigslist has become a toxic chain. Google, Yahoo!, and Microsoft (known as GYM in the online world) are poised to swoop in on San Francisco and other cities throughout the land to scoop up the local advertising dollars and ship them as fast as possible back to corporate headquarters on a conveyor belt.
I am happy to report on our 40th anniversary that the Guardian is aware of the challenge and is gearing up in the paper and online to compete and endure till the end of time, printing the news and raising hell and forcing the daily papers to scotch the rumors coming from our power structure exposés and our watchdog reporting. The future is still with us and with our special community and critical mission, in print and online. See you next year and for 40 more. SFBG
STOP THE PRESSES: As G.W. Schulz discloses in “A Tough Pill to Swallow,” (a) Hearst Corp. was fined $4 million in 200l by the Justice Department for failing to turn over key documents during its monopoly move to purchase a medical publishing subsidiary, the highest premerger antitrust fine in US history, according to a Justice Department press release; (b) Hearst was also forced by the the Federal Trade Commission to unload the subsidiary to break up its monopoly and disgorge $l9 million in profits generated during its ownership; (c) Hearst-owned First DataBank in San Bruno was alleged in the summer of 2005 to have inflated drug costs by upward of $7 billion by wrongly presenting drug prices, according to a lawsuit reported in a damning lead story in the Oct. 6 Wall Street Journal. Hearst blacked out the stories. And the Dean Singleton chain circling the Bay Area hasn’t pounced on the stories as real daily competitors used to do with fervor.
STOP THE PRESSES 2: SOS alert to the city and business desks of the “competing” Hearst and Singleton papers: here are the links to the key documents cited in our stories, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

Or you can read the Guardian each week in print or online.

Politics, beauty, and hope in the Guardian’s arts pages


Forty years of fighting urbicide — and promoting a very different vision of a city

The Dufty baby boom

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By Tim Redmond

The press conference denouncing Pete Wilson went pretty well, and got surprisingly good and positive coverage. Strange bit, though: Dufty, the guy this was all about, didn’t show up — and in fact, wrote an email to the radio talk-show host saying he hopes he doesn’t lose his job.

Which may seem to show Dufty has class and is above the fray and all — but it made his allies, who stood there on the steps of City Hall to denounce homophbia and support him and his family — kinda look like idiots.

Rallying point

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By Steven T. Jones
It’s good to be reminded sometimes that San Francisco is truly an oasis in a desert of fear and ignorance. Yesterday’s City Hall press conference on the terrible Court of Appeals ruling against same sex marriage was one of those moments, when we felt unified in our quest for justice and equality. Despite this disappointment on the way to the eventual California Supreme Court hearings, City Attorney Dennis Herrera said, “We are steadfast and couldn’t be prouder to be at the forefront of this battle.” And everyone felt it. Win or lose, we’re doing the right thing. “We’re making tremendous progress,” said Mayor Gavin Newsom, who didn’t mince words when describing the majority opinion that traditional marriage shouldn’t be updated by the courts: “They made a mistake.”
Both sounded notes of optimism. Said Newsom, “I’m confident we’re going to get there, but today was an emotional setback.” Yet Herrera noted that we need to be vigilant against the right wing forces that are trying to make judges fear doing what they must: “The threat to the independence of the judiciary by those screaming about judicial activism is a disgrace.”