Gavin Newsom

Editor’s Notes

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tredmond@sfbg.com

Nobody really thinks the state budget deal is going to hold, and nobody really thinks San Francisco’s budget deficit is actually closed. So while the Legislature is in recess and the supervisors are moving on to other things, it’s worth thinking about what the next few months will bring. It won’t be pretty.

Paul Hogarth, writing for the online publication BeyondChron, pointed out Aug. 6 that San Francisco will lose more money due to state budget cuts than the city will gain from federal stimulus spending. The numbers are complicated and fluid (San Francisco will lose $100 million that the state will "borrow," but the city can immediately go to the bond market and borrow against the state debt — with any luck at the same interest rate the state will pay the city, so that should be a wash. Should — unless the lenders don’t want to gamble on the state’s debt.) But no matter how you slice it, San Francisco will be out something on the order of $18 million in state cuts alone.

There’s also the fact that nobody knows what the economy will do over the next six months. If employment doesn’t pick up, and consumer sales don’t pick up, and enough businesses get away with demanding property tax reductions, the revenue numbers projected by the Newsom administration will be wrong and things will be even worse. Sup. Ross Mirkarimi, who’s on the Budget Committee, told me he’s expecting at least $100 million in red ink for next year’s budget, and some of that will start to show up this fall.

I can’t even imagine what the 2010-11 budget will look like. By the time budget hearings begin next June, Gavin Newsom will either have won the Democratic primary for governor, and will have entirely checked out of City Hall, or he will have lost and will be angry, bitter, and vengeful.

We were mildly critical of Budget Committee Chair John Avalos this summer; he cut a deal with Newsom that requires the supervisors to believe that the mayor will work with them on any midyear cuts. The problem is that Newsom can’t be trusted. He’s already broken parts of this budget deal. So when, as is almost certain, he breaks his promise to work with the board on midyear cuts, the supervisors will have to take a much more aggressive stance than they did this summer.

Newsom will be in the middle of a heated race for governor — he won’t want to cut cops or firefighters, and he won’t even talk about taxes. (Although a recent Gallup Poll shows that only 46 percent of Americans think their taxes are too high, the lowest number to hold that view since 1961.)

It’s going to be war, and the progressives on the board need to be ready for it — or they’re going to get rolled, again. *

The big prison duck

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EDITORIAL A panel of federal judges has ordered the release of 44,000 California prisoners, sending politicians of both parties scrambling for cover and throwing a crucial issue into the heart of the Democratic campaign for governor.

And so far, both major candidates are ducking, badly.

The state prison system is a mess; any sane person knows that. California incarcerates 170,000 people in facilities designed for less than half that number. Sick inmates don’t get to see doctors; mentally ill or drug-addicted inmates often get no treatment at all. It’s so bad that a federal monitor appointed by the courts has demanded that the state spend $8 billion building new medical facilities for prisoners.

Meanwhile, inmates are crowded into makeshift bunks in gymnasiums and dayrooms. The few modest rehabilitative programs California offers are stretched so thin that many inmates get no job training or violence-prevention skills at all. The parole system is overburdened and focuses far too heavily on people with minor, nonviolent offenses.

And politicians wonder why the state has a recidivism rate of 70 percent.

The solutions aren’t rocket science, either. There’s a clear reason why incarceration rates have jumped so high: harsh sentencing laws, passed by the Legislature and the voters with no concern for the costs of implementation. The state’s three-strikes law is so draconian that thousands of people are serving 25 years to life for nonviolent felonies that typically would carry a sentence of a few years. So the first thing the Legislature and the governor need to do is change the sentencing laws (and give back discretion to judges).

Then there’s a drug problem. California prisons are packed with people serving sentences for drug possession — and most of these people, and society in general, would be better served, at less than half the cost, with treatment programs.

And frankly it wouldn’t be hard to release 44,000 inmates without any new threats to public safety. The vast majority of the inmates in California prisons are going to be released at some point anyway; in fact, the state now releases about 10,000 people a month. The early releases envisioned by the federal courts could simply mean allowing people who have served, say, three years of a four-year sentence to leave prison and shift to the custody of the parole system a few months earlier than scheduled. Many of those people are nonviolent offenders, particularly drug offenders.

With the state in a catastrophic fiscal condition, the cost of corrections ought to be a huge issue for the candidates for governor, particularly the Democrats. Mayor Gavin Newsom and Attorney General Jerry Brown ought to be promoting a plan that would end the insanity of "three strikes," offer alternatives to incarceration for nonviolent offenders and drug addicts, and allow early releases to bring down the current unsustainable incarcerated population.

So what are these candidates, supposedly alternatives to the Republican agenda, saying?

Here’s Brown, quoted in the Los Angeles Times: "Government is established to protect the safety and security of its citizens, and these wholesale releases are totally incompatible with that." Where’s Newsom? We called his campaign press office for comment, and haven’t heard back.

This is unacceptable.

It’s typical for Republicans to use scare tactics and talk about crime as a cheap way to win votes. But Newsom and Brown ought to know better. This is no time for demagoguery — the prison crisis is serious, festering, and a major factor in the state’s financial mess. If the two leading Democrats can’t come up with honest answers, it’s time for someone else to enter the race. *

Sup. Mirkarimi pushes for transparency in mayor’s security detail costs

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By Rebecca Bowe

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Image courtesy James Ratcliffe

Supervisor Ross Mirkarimi has introduced legislation that would require elected officials to reimburse the city for security-detail costs while traveling the campaign trail, the Chronicle has reported. Mirkarimi has been trying unsuccessfully for more than a month to get the Mayor’s Office to disclose how much is being spent on security for Mayor Gavin Newsom as he campaigns for governor outside San Francisco. In response, he’s been told that revealing that dollar amount would be a security risk.

The legislation also seeks to shine some light another longstanding transparency problem: Newsom’s public calendar. Mirkarimi’s proposed rule would require the mayor to submit a detailed schedule, describing how much time was spent on each activity listed.

The Guardian has noted the mayor’s tendency to reveal only a bare minimum of information in the official schedule he publicizes, telling journalists and concerned citizens virtually nothing about how the people’s business is being conducted.

Sunshine advocate Kimo Crossman, who has been publicly calling for a meatier mayoral calendar for years, pointed out that there are already open-government rules in place that have been ignored. “When the Guardian found out the Mayor Willie Brown was shredding his calendars, part of the Prop G enhancement to [the city’s Sunshine Ordinance] required keeping a very detailed calendar and preserving all correspondence in the Mayor’s office,” Crossman told us via email. “The [Sunshine Ordinance Task Force] has found that [mayor’s office spokesman] Nathan Ballard and Mayor Newsom have willfully violated these provisions and therefore committed official misconduct.”

“Subsequently,” he added, “no behavior has changed.”

Run, Sanchez, run

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By Steven T. Jones
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Loretta Sanchez

The Guardian may not have been a big fan of Willie Brown when he was mayor, but I certainly appreciate his political insights now, as expressed in some of his Sunday Chronicle column items. He knows the players and their motivations better than anyone, making him one of the top sources in town for political buzz.

So his observation yesterday that others are likely to jump into the Democratic Party gubernatorial primary is good news for anyone loathe to watch Gavin Newsom and Jerry Brown beat the crap out of each other – including trying to out-tough-on-crime each other, a specialty of Newsom’s Neanderthal campaign chief Garry South — before one of them limps into a tough race against the Republican nominee.

Brown leads with the likelihood that Steve Westly will jump in, which isn’t very exciting to progressive voters. And he teases out how Dianne Feinstein is still a possibility – again, not too exciting for progressives, but at least she’d likely move the governorship into the D column.

Yet it’s the last name he mentions – Rep. Loretta Sanchez from Orange County – who would instantly become a progressive favorite if she gets in. And she’s also someone who’s proven palatable to OC conservatives and has a real independent streak that would appeal to voters who are sick of both major parties (and for good reason).

So, Rep. Sanchez, if this link finds its way to you, let me just say on behalf of San Franciscans who fear the prospect of a Governor Newsom: please run!

New SFPD chief sworn in

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By Steven T. Jones
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Newly sworn-in San Francisco Police Chief George Gascón addressed the media today, flanked by Mayor Gavin Newsom, mayoral crime adviser Kevin Ryan, and Police Commission President Theresa Sparks.

The Newsom Administration may still be exhibiting signs of brainlessness (today’s hastily arranged and poorly announced press conference with new Police Chief George Gascón was inexplicably moved up by 15 minutes just a half-hour before it was scheduled to start), but the new chief is already showing signs of being a better communicator than either his boss or his predecessor, shrinking violet Heather Fong.

While I missed the first half of the 20-minute press conference, Gascón seemed to offer direct, nuanced answers to the media questions, including fielding one in fluent Spanish, an important symbolic attribute for the head of a department that has often been at odds with the city’s Latino community.

“My goal is to take what is already a good organization and make it an excellent organization,” said Gascón, who hung around to answer more questions long after Newsom Press Secretary Nathan Ballard ended the official press conference, a cue that Newsom usually takes to bolt for the door.

Gascón also told me that he will soon come to meet with the Guardian’s editorial board to discuss a wide range of issues – such as abusive conduct by officers, harassment of the homeless and immigrants, inflexible and heavy-handed policies regarding protests and special events, and unnecessary secrecy and deception – that have long strained relations between the two entities.

Newsom still hiding his schedule

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By Steven T. Jones

In yet another example of Mayor Gavin Newsom’s basic hostility toward transparency in government – exhibited daily by his refusal to release his official schedule – the mayor is officially “to conduct meetings in City Hall” today. With who? Who knows? But it’s all he’s being doing everyday recently as he runs for governor.

Actually, as the Chron reported this morning, Newsom will be swearing in new Police Chief George Gascón this afternoon. Where? When? Who knew? We couldn’t get the highly paid Mayor’s Office of Communications to answer the phone or respond to e-mails with that answer. Some elected supervisors didn’t even know.

Luckily, the Police Department just sent out a release saying Gascón will be available to the media in an hour – in the mayor’s office. Shouldn’t that be the kind of thing that ends up on his daily schedule? This is the same taxpayer-supported political operation that told the Chron last week (buried toward the end of this story) that they removed from the schedule Newsom’s appearance at an event honoring outgoing Chief Heather Fong because they were worried reporters would ask the mayor questions about the resignation of campaign manager Eric Jaye.

Apparently, the Mayor’s Office doesn’t see transparency and accountability as public duties, but simply one more reality to be manipulated as they please.

Did Newsom forget to mention COPS cash during budget talks?

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By Rebecca Bowe

The San Francisco Police Department received $16.5 million in federal funding through the Department of Justice’s Community Oriented Policing Services (COPS) hiring grant program, Mayor Gavin Newsom announced July 28.

That’s a lot compared with the sums allocated to other cities throughout the country, but it’s just a fraction of the $89 million that Mayor Newsom and then-Police Chief Heather Fong requested for the SFPD in mid-April. So did the mayor mention that the city had applied to receive millions for the police from the federal government when the budget talks were going on?

Sup. Ross Mirkarimi told the Guardian that he was never informed that the city had applied for the COPS grant. “If in fact an application was submitted, then in my opinion it’s incumbent upon the mayor’s budget office and the police department to inform us of this,” Mirkarimi told us, adding that in his opinion, it should have come up during the budget talks.

Enclosed 49ers stadium in Santa Clara?

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Text by Sarah Phelan

The draft EIR for the 49ers stadium in Santa Clara states that the proposed construction will result “in significant cumulative transportation, air quality and global climate change impacts.”

According to the study, the significant unavoidable impacts of the proposal include a substantial increase in ambient noise levels during large stadium events, temporary noise impacts from construction, regional air pollutants in excess of established thresholds, significant impacts on 17 intersections on 8 weekday evenings a year, and on two local intersections on 42 weekend days.

It could also result in the abandonment of active raptor nests or the destruction of other migratory birds’ nests.

And expose construction workers and future site users to contaminated soil, airborne asbestos particles, and lead-based paint.

The proposed site is located within the worst-case release impact zone for two toxic gas facilities and thus, “could expose event attendees to toxic chemicals.”

Then there is the fact that it could impact “unknown buried prehistoric and/or historic resources.”

And numerous BBQ activities within 700 feet of neighboring residences “could result in odor complaints”

What impact this draft EIR will have on Santa Clara voters when they go to the ballot next March remains unclear.

But a quick skim through this 336-page report finds it concluding that other alternatives, including Mayor Gavin Newsom’s proposed site at Hunters Point Shipyard, are mostly deemed inconsistent with the 49ers objectives.

“The costs and time required for hazardous materials clean up, infrastructure and roadway/transit improvements, and permitting make the Hunters Point site inconsistent with the following objectives: locate the stadium on a site that can be readily assembled and that enables the development of the stadium within budget and on schedule; locate the stadium on a site that is served by existing streets and highway infrastructure adequate to reasonably accommodate local and regional game-day automobile circulation.”

The existing Candlestick Point site, as well as Pier 70, Pier 80, Pier 90-94 backlands, Baylands, San Francisco Airport, Moffett Airfield, Zanker Road, San Jose State, Santa Clara Fairgrounds, a reduced stadium size alternative and an enclosed stadium alternative are also evaluated.

Ultimately the report concludes that “the enclosed stadium alternative would meet all of the project proponent’s objectives.”

“In addition, this alternative would reduce impacts from crowd noise in the stadium…and would eliminate the visible light increases,” the draft EIR continues. ” Energy use would increase to some extent with the enclosed stadium because it would require more of the stadium area to be climate controlled. An enclosed stadium would, however, allow for a variety of design features that would at least partially offset energy consumption. This alternative is environmentally superior to the proposed project.”

City Hall’s collaborators

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rebeccab@sfbg.com

As the Board of Supervisors prepared to give final approval to the city budget July 21, Sup. John Avalos, who chairs the board’s Budget and Finance Committee, told his colleagues the budget deal that he and President David Chiu negotiated with Mayor Gavin Newsom is "ushering in a new spirit of cooperation and collaboration at City Hall."

But at the end of the day, frantic last-minute revisions and indignant criticism from Avalos’s progressive colleagues felt more like a family feud than the culmination of a team effort. Avalos and Chiu were able to restore $44 million of Newsom’s proposed cuts and got the mayor to promise to fund progressive priorities, such as public health and social services. Progressive supervisors, however, voiced deep skepticism about whether Newsom can be trusted.

To make matters more complicated, the messy conclusion of San Francisco’s budget process coincided with the news that Sacramento officials had finally struck a state budget deal that proposes borrowing more than $4 billion from local government coffers. So the city’s spending plan, balanced with no small amount of pain, may already be thrown out of balance.

Compounding that problem, it’s looking increasingly unlikely that San Francisco voters will have an opportunity to weigh in on new tax measures that could help soften the blow of rapidly declining city revenues this fall, a situation that could quickly test this "new spirit of cooperation."

The tension at the July 21 meeting stemmed from Newsom’s decision last year to close a massive cash shortage by making midyear cuts aimed at the heart of the progressive agenda — even after giving his word that he would not do so.

In some cases, the money was never allocated to begin with. According to a report prepared by the city’s budget analyst, "The Board of Supervisors approved $37,534,393 in monies that were restored in the FY 2008-2009 budget, which include $30,657,078 in General Fund monies and $6,877,315 in non-<\d>General Fund monies. Yet $15,627,397 in restored monies were either cut to meet mid-year reductions or never expended."

The mistrust generated by this episode and others prompted Sups. Chris Daly, Ross Mirkarimi, and David Campos to push for a series of last-minute changes that were designed to shield critical services from future cuts and give the board some power in its dealings with the Mayor’s Office.

"We need a hedge. We need a contingency. If we put a number of items on reserve … it gives us leverage," Mirkarimi noted. A Campos motion to place $45 million on reserve from the city’s seven largest departments was approved by the progressives on a 6-5 vote. Mirkarimi also succeeded in winning approval for a motion to move $900,000 from the trial courts to restore cuts to the Public Defender’s and District Attorney’s offices.

Other proposals failed to win over Avalos and Chiu, such as Mirkarimi’s pitch to target reserve funding for mayoral projects, including the Community Justice Center, 311 call center, and Newsom’s bloated communications staff. Daly’s suggestion to put $300 million on reserve also went nowhere.

"We are on the border of tearing apart a lot of goodwill," Avalos warned. "A $300 million reserve gets to toxic levels. I would be remiss in not saying that the mayor did give us his word. I believe that there was a new Board of Supervisors elected and … a new spirit of negotiation and collaboration in City Hall."

But Daly, making scathing references to "Gavin Christopher Newsom" as he fumed about budget cuts, clearly wasn’t buying it. Also on the afternoon’s agenda was his proposal to place a charter amendment on the ballot that would force the mayor to fund board-approved programs in the budget.

"Without it, we only have blunt instruments at our disposal," Daly said. "A blunt instrument is to take a significant fund, put it on reserve and have a hostage to make sure the administration doesn’t use this most significant loophole. This is crafted to allow a majority of the Board of Supervisors to place a special marker on an appropriation that the board feels strongly about."

But Daly’s idea went down in flames after Chiu and Avalos voted no along with Sups. Michela Alioto-Pier, Bevan Dufty, Sophie Maxwell, Sean Elsbernd and Carmen Chu. Afterward, Daly left the chambers and later returned to circulate a letter addressed to Chiu reading, "I am no longer interested in serving as Chair of the Rules Committee or Vice Chair of the City Operations and Neighborhood Services Committee."

Daly wasn’t the only one not feeling this new spirit of collaboration. All the last-minute changes clearly exasperated Elsbernd, who paced his corner of the room for much of the meeting, rubbing his forehead, and looking irritated. Eventually, Elsbernd and Chu were the only two votes against the final budget.

The prospect of new revenue measures also dimmed at the meeting. A proposal to place a measure on the November ballot calling for a 0.5 percent sales tax hike fell short of the eight votes it needed (Alioto-Pier, Chu, Dufty, and Elsbernd voted no). And it’s still too early to say whether a move to place a vehicle tax on the ballot can move forward because it’s contingent on state legislation.

The state’s funding raid could also hit the city hard. Leo Levenson, budget and analysis director with the San Francisco Office of the Controller, told the Guardian the city stands to lose $71 million in General Fund dollars and $32 million in other funds, although those numbers were still in flux at press time.

"The state must repay these funds within three years with interest," Levenson explained. "It is likely that San Francisco could be able to borrow money to mitigate the short-term financial impacts of this proposal, since the state is legally obligated to repay the funds within three years."

If the state goes after the gas tax, it could impact the city’s General Fund by an additional $18 million, Levenson noted, "so the city would need to backfill this reduction to sustain basic street cleaning operations."

So budget season isn’t over yet.

Gabrielle Poccia contributed to this report.

Best of the Bay 2009: Local Heroes

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>>BEST OF THE BAY HOME

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ANGELA CHAN

As staff attorney at the Asian Law Caucus, Angela Chan has been at the forefront of a yearlong effort to ensure that all undocumented juveniles have the right to due process in San Francisco.

That effort began last summer, shortly after Mayor Gavin Newsom, who had just decided to run for governor, announced that undocumented juveniles henceforth would be reported to federal authorities the minute they are booked on suspicion of having committed a felony — and before they can access an immigrant-rights lawyer.

These changes primarily affect Latino youth, but Chan, whose Cantonese-speaking parents ran a restaurant in Portland, Ore., sees the broader connections to other immigrant communities.

"I grew up in an immigrant community in a white working-class neighborhood," Chan explained. "I saw the barriers — language, culture, racism, xenophobia — and I realized that there was not a lot of power and awareness. I learned to appreciate civil rights."

As a teenager, Chan was determined to become an attorney. The temporary passage of California Prop. 187 — prohibiting undocumented immigrants from using social services, health care, and public education — intensified her determination. Chan graduated cum laude from Harvard Law School, and has been able to focus on this particular juvenile justice battle thanks to a Soros Justice Fellowship and the ALC’s "innovative, fluid, creative, and client-centered vision."

"I’ve tried different ways of challenging inequality — direct confrontation, anger — but I’ve found the best way is through policy, and being very educated and strategic," Chan said.

She said she’s hopeful that Sup. David Campos has the votes this summer to pass veto-proof amendments to the city’s undocumented-youth protection policy. As she put it: "People are starting to understand the difference between the juvenile and adult justice system and the issues around due process." (Sarah Phelan)

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JULIAN DAVIS

Take a look at just a few of the things Julian Davis has done: He ran the 2008 public-power campaign. He’s on the board of San Francisco Tomorrow. He’s president of the Booker T. Washington Community Service Center. He’s a founder of the MoMagic Collaborative, which fights youth violence in the Western Addition. He’s on the board of the San Francisco Housing Development Corporation. He’s been appointed by the Board of Supervisors to serve on the Market-Octavia Citizens Advisory Committee. He’s a founder of the Osiris Coalition, which is working to ensure that public-housing tenants have the right to return to their homes after renovations. He’s hosted countless events for charities and political campaigns.

Then think about this: he’s only 30.

Davis grew up in Palo Alto, and moved to the corner of Haight and Fillmore after getting bachelor’s and master’s degrees in philosophy from Brown University. Philosophers weren’t exactly in demand at the time, so he wound up "playing my guitar on the streets for burrito money" while starting a PhD program at Stanford.

He also saw three people shot to death on his corner. "And I realized," he explained, "that the academic life wasn’t going to be for me."

Davis started organizing against community violence, and, inspired by Matt Gonzalez’s mayoral campaign, ran for supervisor in 2004. That got him started in local politics. He’s headed to law school at Hastings this fall, and it’s a safe bet that he’ll be a leader in the progressive political community for years to come. (Tim Redmond)

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DAVID SCHOOLEY

"He’s a visionary. He’s very determined. He never gives up."

That’s how Ken McIntire, executive director of San Bruno Mountain Watch, describes David Schooley, who founded the Mountain Watch nonprofit four decades ago.

"For many years, David led every Sierra Club hike, organized every restoration party, and even took the bus to community fairs up and down the Peninsula so he could set up a table and distribute fliers about San Bruno Mountain," McIntire recalls.

Now snowy-haired and allegedly semiretired, Schooley, 65, remains as nimble as a goat when it comes to hiking across his beloved mountain, which rises and cuts across the Peninsula just south of San Francisco in San Mateo County — and whose ecosystem has been identified as one of 18 global biodiversity hotspots in need of protection

Schooley’s love for the mountain — which is covered with low-growing grasses, coastal sage, and scrub year-round and is dotted with wildflowers each spring — led him to found SBMW in 1969 and fight the expansion of the Guadalupe Valley Quarry and the growth of nearby Brisbane. Both were threatening to destroy the biggest urban open space in the United States and the habitat of rare butterflies, including the San Bruno elfin.

As Schooley explains, while the mountain is often hit with strong gusty winds and enveloped in thick fog, it is a great butterfly habitat and the last fragment of an entire ecosystem — the Franciscan region — the rest of which has been buried beneath San Francisco’s concrete footprints.

Two years ago, Schooley had the pleasure of once again finding the tiny raspberry-colored elfin caterpillars on some sedum (its host plant) on the north-facing upper benches of the quarry.

"It’s a miracle," Schooley told me at the time, delighted by this living example of nature’s ability to overcome human-made damage on the mountain.

At the time, Schooley was hoping the state park system would annex the property where the elfins were found. That hasn’t happened yet. But as McIntire says of Schooley (who dreams of a wildlife corridor that runs from the bay to the ocean), "David is always pushing for more open space around the mountain, for more nature and less development, and trying to reach a bigger audience." (Sarah Phelan)

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SAN FRANCISCO MIME TROUPE

The San Francisco Mime Troupe is the conscience of the city, our proudest export, and — as it celebrates its 50th year — perhaps our most enduring sociopolitical institution. That’s a lot of kudos to heap on an artists’ collective, particularly one that delivers its theatrical social satire with such over-the-top comedy and music, but it isn’t a statement that we make lightly.

The SFMT embodies the very best San Francisco values — limitless creativity, a hunger for justice, courage under fire, an uncompromising commitment to creating a better world, and a progressive missionary zeal — and offers a powerful and entertaining reminder of those values every July 4, when it presents its new show in Dolores Park.

After it sings (and preaches) to the progressive choir of San Francisco, the troupe hits the road, visiting such less-than-enlightened outposts as the Central Valley and rural Northern California, delivering important messages to audiences that need to hear them most. "First of all, it’s humorous, so that breaks down a lot of barriers from the get-go," SFMT general manager Jenee Gill tells us.

But even here in the early ’60s, the San Francisco Recreation and Park Commission tried to use obscenity laws to ban the SFMT from performing in public parks. The troupe successfully fought the commission in court, setting an important free speech precedent. Modern San Francisco has grown up with the SFMT showing us the way forward with its uniquely high-stepping, knee-slapping, consciousness-raising style, and we’re a better city for it. (Steven T. Jones)

All local heroes photos by Pat Mazzera

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BEST OF THE BAY 2009:
>>BEST OF THE BAY HOME
>>READERS POLL WINNERS
>>EDITORS PICKS: CLASSICS
>>EDITORS PICKS: CITY LIVING
>>EDITORS PICKS: FOOD AND DRINK
>>EDITORS PICKS: ARTS AND NIGHTLIFE
>>EDITORS PICKS: SHOPPING
>>EDITORS PICKS: SEX AND ROMANCE
>>EDITORS PICKS: OUTDOORS AND SPORTS

Destroying the California dream

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By Steven T. Jones

A front page story in today’s New York Times correctly notes that California’s political leaders have abandoned the “California Dream” that made this such a great state: a social safety net that prevented the economic system’s losers from falling too far, a high-quality and affordable education system to give people the skills and knowledge needed to succeed, reliable and efficient infrastructure, and an appreciation for diversity.

“The California dream is, for now, delayed, as demonstrated by the budget state lawmakers and the governor agreed upon late Monday,” Times reporter Jennifer Steinhauer wrote. “At no point in modern history has the state dealt with its fiscal issues by retreating so deeply in its services, beginning this spring with a round of multibillion-dollar budget cuts and continuing with, in total, some $30 billion in cuts over two fiscal years to schools, colleges, health care, welfare, corrections, recreation and more.”

Anti-government conservatives including Gov. Arnold Schwarzenegger and just about every Republican in the Legislature (and many of the Democrats) have succeeded in destroying California as we know it with their mindless “no new taxes” mantra (which even our own Mayor Gavin Newsom pays fealty to as he runs for governor). They need to be recognized for what they are — a hostile threat to civil society, to the basic bargain among people on which government is based — and I’m happy to see the Times help with this analysis.

Things have already gone too far. It’s time to ease our way out of this abyss, and for San Francisco’s leaders to point the way. Some already are. Assessor Phil Ting is pushing for reform of Prop. 13 so commercial property taxes can be based on what the land is actually worth, Sen. Mark Leno is leading the single-payer health reform fight, and Assemblymember Tom Ammiano is trying to legalize and tax marijuana, which would bring in about $1.4 billion in annual revenue and save billions more in decreased enforcement costs.

That’s a pretty good start, but it’s just the beginning of a long slog back from oblivion.

How healthy is Healthy SF?

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news@sfbg.com

San Francisco is getting national attention for its attempt at universal health care. President Obama even applauded the city’s efforts in a speech: "Instead of just talking about health care, [San Francisco has been] ensuring that those in need receive it."

But Healthy San Francisco — a pioneering effort to do at the municipal level what the federal and state governments won’t — is running into some troubling problems, made worse by Mayor Gavin Newsom’s budget cuts.

The program was initiated by Tom Ammiano, now a state assemblymember, with backing from organized labor. Ammiano’s goal was to provide easy access to affordable health care for all of S.F.’s 60,000 uninsured. A local version of a single-payer program, he argued, could provide accessible primary and preventative care, alleviating the need for indigent patients to use the overcrowded and expensive San Francisco General Hospital emergency room as their primary medical provider.

Healthy San Francisco was launched on July 2, 2007, at two Chinatown clinics. It has grown dramatically, and now provides services to more than 34,000 residents at 27 clinics.

Although Newsom sat on the sidelines while Ammiano pushed the legislation, the mayor has now unashamedly claimed the program as his own to promote his gubernatorial campaign. On his Web site he boldly declares that "he’s created the only universal health care program in the country" — with no mention of Ammiano.

The $200 million-<\d>a-<\d>year program is partially funded by an employer-mandate requiring businesses with more than 20 employees either to provide health insurance or pay a fee to the city. The fees are broken down according to the size of the business; as of January 2009, employers pay between $1.23–<\d>$1.85 for every hour an employee works.

Like any traditional health insurance program, Healthy SF has annual fees and point-of-service charges paid by participants. The remainder of the program is funded through state grants.

Opposition to HSF surfaced immediately. The Golden Gate Restaurant Association sued the city even before the program started, alleging that the employer-spending mandate is a violation of federal law.

Kevin Westlye, the association’s executive director, claims his beef is not with the health care system, just with the employer mandate. He suggested that the city raise its sales tax to pay for the program — or that the financial burden should fall on the backs of the billionaires that run privatized health care and pharmaceutical companies.

But the city has only a limited ability to raise taxes, and any tax hike would require voter approval. The employer mandates and fees were much more politically feasible.

Deputy City Attorney Vince Chhabria, who is representing the city on the case, argues, "It is difficult to imagine, in these budget times, that San Francisco could provide universal coverage without employer health care spending requirements."

Federal courts sided with the GGRA initially, but the Ninth Circuit Court of Appeals agreed that the employer-spending mandate was legal. The GGRA appealed to the United States Supreme Court; the court will announce Oct. 5 whether it will hear the case.

That’s not the only litigation facing HSF. A group of low-income residents are suing the city, saying that the system’s annual fees and co-pays are too high. The program’s fees are scaled to the federal poverty level, which is currently set at an annual income of $10,830. A single person making between 101 percent and 200 percent of the federal poverty level — that is, between about $11,000 and $20,000 a year — pays $180 a year for HSF membership. People earning between $40,000 and $50,000 pay $1,350 a year.

There are also co-pays of $10 for medical visits and $5 to $25 for prescriptions — again, typical of health insurance plans.

Bay Area Legal Aid and the Western Center on Law and Poverty are representing three San Francisco residents who say those fees violate federal and state mandates, which stipulate that the city must provide free health care to those who can’t afford to pay. Healthy San Francisco is only one element of the lawsuit; it also claims that San Francisco General Hospital charges low-income people too much and that the city’s medical bills and collection practices aren’t fair.

One of the plaintiffs is Robyn Paige, a San Francisco resident with spine, foot, and hip injuries. Paige contends that she can’t afford the co-payments on her multiple medications each month and must either go without pain medication or borrow money. Lisa Qare, 21-year-old resident with MS, had to wait three weeks for medication for an eye condition that developed as a result of her condition.

A $10 co-pay may not seem like much, but when a patient needs several doctor visits a month and must pay $5 to $25 each for multiple prescriptions, it adds up. "As a result," Michael Keys, a Bay Area Legal Aid lawyer, told us, "those who can’t afford the charges are falling into medical debt or skipping services or medication."

And, not surprisingly, the cash-strapped city is having trouble finding enough staff and facilities to meet all the needs. Nancy Keiler, a Mission District resident and HSF participant, complains that clinic visits are too short, and that "the doctor is too hurried and has too many patients." (That’s a common complaint about private health plans, as well.) After waiting three hours, another HSF participant had to leave without her prescription to get back to work on time.

The long lines and waits will only get worse in the face of budget cuts. Pink slips were already handed out to several hundred San Francisco health care workers and 1,000 more may be laid off this fall.

Robert Haaland, who works with the Service Employees International Union Local 1021, told us the staffing cuts will make the situation much worse. Martha Hawthorne, a public-health nurse, said she thinks that there won’t be enough providers to provide good care — and that many health care workers losing their jobs will have to enroll in HSF themselves, putting even more strain on the system.

Ammiano, the author of the plan, is concerned too. "I’m very worried about it," he said. "It seems to me now that if there’s this budget pain, there will be impacts to San Francisco."

Nathan Ballard, the mayor’s press secretary, tersely denied that HSF will feel any budget pain. Asked about critics’ allegations, he said, "They’re wrong. We are going to expand Healthy SF this year."

Earlier this month, insurance giant Kaiser Permanente joined HSF — meaning that the health care giant will now participate as a provider in the program. Haaland voiced concern about that move, calling it "privatizing through the back door."

Mitch Katz, the city’s public health director, agrees there are flaws to the system, but defends its success. "It is by no means a perfect program," he said, "but we’ve made a big impact." With national health care costs rising three times faster than wages (some believe that health care costs are rising five times faster than wages) the nation is starting to seriously talk about overhauling the entire system. San Francisco is being considered as a model for national health care reform.

Labor leaders have lauded the basic formula of HSF and pushed for the federal reforms to use it as a model. As San Francisco Labor Council executive director Tim Paulson said in a prepared statement, "In San Francisco we demonstrated that legislation providing public health access and corporate participation creates a real path to universal health care coverage."

Research assistance by Gabrielle Poccia

Bitter medicine

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news@sfbg.com

The Democratic Party has been promising a major overhaul of the health care system for a generation or more. Now, with President Barack Obama and his party’s congressional leaders in a strong position to finally reach that elusive goal by next month, this should be a momentous time for the reform movement.

So why are so many health reform advocacy groups unhappy?

The answer involves policy and process. Rather than pushing for the single-payer system that many progressive groups demand and say is needed, Democratic leaders immediately opted for a compromise plan they hoped would be acceptable to economic conservatives and the insurance industry.

But Republicans are still calling them socialists for doing it, while the insurance industry — which loves the portion of the legislation that requires everyone to buy coverage — is still spending $1.4 million a day to either kill the complicated bills or turn them to its advantage.

When congressional Democrats unveiled America’s Affordable Health Choices Act (HR 3200) on July 14, many reformists thought a long-awaited, dramatic overhaul to a broken system was close at hand. The insurance companies would finally be made to adhere to ethical practices, and the Democrats would defend their plan to establish a government-run health insurance option that could compete with private insurers and keep them in check.

“American families cannot afford for Washington to say no once again to comprehensive health care reform,” said Rep. George Miller (D-Martinez), who chairs the crucial House Education and Labor Committee.

The Democrats’ bill does address some critical flaws in the health care system. It would greatly expand Medicare to ensure coverage for low-income individuals, and would subsidize coverage for those earning up to 400 percent of the federal poverty level, defined as $43,320 for an individual and $88,200 for a family of four. The bill would forbid insurance companies from denying coverage to patients based on a preexisting condition, age, race, or gender. It would eliminate co-pays for preventative care and establish a cap on annual out-of-pocket expenses. To pay for it, the proposal would create a graduated tax on households earning more than $350,000 a year, with the top bracket being a 5.4 percent levy on incomes of more than $1 million.

Progressive members of Congress threw their support behind the bill because — and only because — it included the public option. “The public option is central to our support of health care reform,” read a statement from the Congressional Progressive Caucus.

Rep. Lynn Woolsey (D-Petaluma), who chairs the CPC, was quoted in the Huffington Post as saying, “We have already compromised. More than 90 percent of the progressive caucus would vote today for a single-payer system. And so for us to compromise and get behind a really good strong public plan, I mean that’s as far as we’re going.”

While that statement indicates the precarious nature of the current legislation — which will likely be weakened further as it works its way through the process and merges with legislation from the more conservative U.S. Senate — many progressive groups aren’t even willing to go that far.

 

COVERAGE ISN’T CARE

Many single-payer supporters say some reform is better than none, and that the passage of HR 3200 would represent a major win. “We can advance many of the principles that we support with the House bill,” said Anthony Wright, executive director of Health Access California and an organizer for the national reform advocacy group Health Care for America Now. The nation, he believes, needs to endorse principles such as universally covering Americans and making sure patients aren’t left alone “at the mercy of the private insurance industry.”

Yet other groups fear this cure would be worse than the disease, sending millions of new customers into a private insurance system that simply doesn’t work, and compounding existing problems.

“We’re still pushing for a national single-payer bill,” Dr. James Floyd, a health reform researcher with the nonprofit group Public Citizen, told the Guardian. “While we’re open to other options, we haven’t seen anything [in proposals by Democratic congressional leaders] yet that is acceptable.”

That position has plenty of support among the general public and reform-minded organizations, for whom single-payer continues to be the holy grail.

The current proposal “doesn’t change the system one bit,” said Leonard Rodberg, a member of Physicians for a National Health Program, who works in health policy. “These bills are requiring that people buy insurance, but there are no numbers about how much the insurance would cost. And if the cost of the insurance is still too high, you can remain uninsured.”

And as negotiations center on the government-run insurance option, the concept of scratching the status quo and offering free Medicare-like health care to every American instead has fallen to the wayside.

Rep. John Conyers (D-Mich.) got 84 co-sponsors for his single-payer bill, HR 676, and hearings were held in June to explore the option. But congressional leaders then took it off the table. The reasons why seem to be as much about political will as they are about campaign contributions from the insurance industry. As one high-level congressional staffer told us, many lawmakers won’t back a single-payer system in part because they “don’t want to have to respond to being accused of being a socialist by the right wing.”

Then there’s the insurance lobby. “They spend hundreds of millions,” the staffer said. “They lobby Congress, and they provide millions to campaigns. They have Fox News. But the single-payer movement is growing leaps and bounds.”

Rodberg said the insurance industry would love to see a mandate to buy insurance approved at a time when insurers are losing customers because the economy is shedding thousands of jobs each month. “This is a bailout for the insurance companies,” Rodberg told us. “But there’s absolutely nothing in this legislation that will control costs, because it just leaves it to the insurance companies and the market.”

Dr. Jim G. Kahn, president of the California Physicians’ Alliance and a professor at UCSF with expertise in health policy, told us he believes the proposed bill falls short of the goal of comprehensive, universal coverage. “‘Universal’ was recently redefined by [Montana Sen. Max] Baucus as 95 percent — i.e., 15 million uninsured,” Kahn told us via e-mail. “Reaching even that level will be hard, due to the complexity of enforcing an ‘individual mandate’ on families with only modest income (and hence no subsidies). And in eagerness to reach that level, more and more people will become underinsured, with inadequate coverage and a further boost in already high medical bankruptcy.”

Medical debt contributed to nearly two-thirds of all bankruptcies in 2007, according to a study in the American Journal of Medicine. The majority of those afflicted were solidly middle-class homeowners at the start of their illness, and most had private health insurance.

Health Care Now, a hub for single-payer grassroots groups, is planning a large rally in Washington, D.C., for July 30, the anniversary of the founding of Medicare, on which many single-payer plans would be based. “Single-payer is the only plan that would truly be universal and contain costs,” said Katie Robbins of Health Care Now, arguing that the current plan pushed by congressional leaders “doesn’t protect us from the ills of the insurance-based system as we know it.”

Other progressive groups are withholding judgment for now, hoping the good aspects will ultimately outweigh the bad. “We’re digging through them now. We support a bill that has a true public option, and the House bill has that,” said Consumer Watchdog’s Jerry Flanagan. “But we really dislike the individual mandate [to purchase health insurance]. The insurance companies really don’t want the public option, but they really want the mandate.”

 

LEAVING OPTIONS OPEN

Even if single-payer isn’t going to be the national model yet, advocates say it’s crucial that states such as California be allowed to experiment with the option anyway. Single-payer advocates in Congress have insisted the health care legislation be amended to explicitly allow states to do single-payer (otherwise, federal preemption laws and the Employee Retirement Income Security Act might prevent states from doing so).

On July 17, Rep. Dennis Kucinich (D-Ohio) successfully inserted such an amendment into the bill that cleared the House Committee on Education and Labor with a 25-19 vote, which included significant Republican support. The amendment was opposed by Miller, indicating Democratic Party leaders oppose the change and may ultimately succeed in stripping it from the bill.

“George Miller is a longtime supporter of a national single-payer plan and health care reform. The truth is, however, there are not enough votes in the House or the Senate to pass a final bill that contains single-payer language. That is unfortunate but it is also the truth,” Miller spokesperson Rachel Racusen told the Guardian.

California is a hotbed of single-payer activism. Even a leading candidate for state insurance commissioner, Assemblymember Dave Jones (D-Sacramento) — who appeared on the steps of San Francisco City Hall on July 15 to receive the endorsements of a long list of local elected officials — has made single-payer advocacy a central plank in his campaign.

The movement is so strong in California that it actually had legislators vying for who would get to carry its banner. San Francisco’s own state senator Mark Leno, a longtime single-payer supporter, was selected this year to take over the landmark single-payer legislation previously sponsored by termed-out legislator Sheila Kuehl, which has passed twice, only to be vetoed by Gov. Arnold Schwarzenegger.

“The more I dive into this issue, the more convinced I am that the answer has to be single-payer,” Leno told us. “The only reform that truly contains costs is single-payer.”

Leno doesn’t fault Obama for taking a more cautious stance — but he does believe the federal government shouldn’t block states like California from creating single-payer systems. “States should be incubators of trying different proposals. We have a great history with that,” Leno said.

But even with a Democratic governor, there’s no guarantee that single-payer would be approved. Mayor Gavin Newsom is running for governor, featuring health care reform in his platform. He chairs the U.S. Conference of Mayors National Health Care Reform Task Force, which is pushing for approval of the Obama plan. But even Newsom won’t promise to back the Leno plan.

“He doesn’t think single-payer is the best option now,” Newsom’s campaign manager Eric Jaye told us when asked whether Newsom would sign the legislation as governor. “He hopes and believes that as governor he will be supporting a national public option.”

But in the end, the governor may not matter. Leno said the political reality in California is that voters, rather than legislators, will need to approve the single-payer system. The funding mechanism for any ambitious health care plan would require a two-thirds vote in the legislature, a political impossibility.

“The difference in California is the voters will have the final say. And I’m excited about that. The voters of California will be able to say to the insurance companies, ‘We’ve had enough, now go away,'” Leno told us. He said he expects a ballot campaign in 2012.

Of course, it won’t be that simple. Leno knows that the insurance industry will spend untold millions of dollars to defend itself and a “status quo that is only working for them, not for anyone else. This is an enormously powerful industry and they control the debates.”

“Our effort here in California is an educational one. We have from now until the election in 2012 to make the arguments,” Leno said.

 

THE COST OF INSURANCE

Testifying at a hearing of the House Education and Labor Committee in June, Geri Jenkins, a registered nurse and the co-president of the California Nurses Association, related the story of Nataline Sarkisyan. The 17-year-old girl needed a life-saving liver transplant, Jenkins explained to Congress members. “But CIGNA would not approve it,” she told them, “until I, and hundreds of others, protested. During one of the protests, I was with Hilda, Nataline’s mother, when she got the call of approval.”

Hilda’s relief didn’t last long. By the time the hurdle had been cleared, Jenkins testified, “it was too late. Nataline died an hour later.”

Nataline’s story sparked national outrage, and it has since become a flagship tale highlighting all that is wrong with this country’s health care system. But as the debate about health care reform continues inside House and Senate committee chambers, discussion about “universal health care” — a phrase with a simple ring to it — has grown murkier.

“We have a universal health care system now,” Flanagan said, referring to how all Americans with serious medical conditions have a right to treatment — even if that treatment comes with great expense in an overcrowded public hospital emergency room. “It’s just the most inefficient system imaginable.”

With the August congressional recess coming up fast and Obama leaning on Capitol Hill to shift into high gear on an issue that was a hallmark of his campaign, the pressure is on to vote on the historic health care reform legislation within weeks.

The Senate Health, Education, Labor, and Pensions Committee passed a health care reform bill July 16 that is similar to the House bill, with the vote split along party lines. Now, national attention has turned to the Senate Finance Committee, chaired by Baucus, which continued its efforts last week to achieve a bipartisan bill.

Many of progressive reform advocates simply don’t trust the players in Washington, D.C., to get this right, particularly Baucus. “He’s the voice of the insurance companies in the Senate,” Flanagan said.

A recent article in the Washington Post estimated that the insurance industry is spending an estimated $1.4 million per day to influence the outcome of the health care legislation, and pointed out that many of the lobbyists were Washington insiders who had previously worked for key legislators, such as Baucus.

The Center for Responsive Politics, a nonpartisan nonprofit research group that tracks money in U.S. politics and operates the Web site opensecrets.org, launched an intensive study of health care sector lobbyist spending, including cataloguing industry contributions to individual candidates from 1989 to the present. Baucus received more industry campaign contributions in that time than any other Democrat, the CRP study reveals, with a total of $3.8 million. Henry Waxman (D-<\d>Los Angeles), who chairs the House Energy and Commerce Committee, received a total of $1.4 million in that same time, while Speaker Nancy Pelosi (D-San Francisco) received $1.2 million.

Starting in the 2008 election cycle, the health sector gave more to Democrats than to Republicans, according to the CRP’s analysis.

To overcome that kind of money and influence, advocates say it was crucial to wield a credible single-payer option — a sort of death penalty for the insurance industry — for as long as possible.

“Having single-payer discussions on the table really informs the debate over the public option,” Flanagan said. “But by removing single-payer, it made the public option the left flank.”

Flanagan, like many, is worried about how a 900-page bill will turn out. “There are a thousands ways to get it wrong,” he said. “An easy way to get it right would be to just do a single-payer system.” ————

HEALTH CARE BY THE NUMBERS

Uninsured Americans: 47 million

Uninsured Californians: More than 6.7 million (about one in six)

African Americans without health insurance in California: 19 percent

Latinos without health insurance in California: 31 percent

Whites without health insurance in California: 12 percent

San Franciscans without health insurance: 15.3 percent

Rise in health-insurance premiums from 2000 to 2007 in California: 96 percent

Projected rise in health care costs per family without reform: $1,800 per year

Percentage of bankruptcies attributed to an individual’s inability to pay medical bills: 62 percent

Percentage of Americans who skip doctor visits because of the cost: 25 percent

U.S. rank of 19 industrialized nations on preventable deaths due to treatable conditions: 19

Jobs that would be created by extending Medicare to all Americans: 2.6 million

Annual U.S. spending on billing and insurance-related administrative costs for health care: $400 billion

Sources: Health Care for America Now, American Journal of Medicine, Physicians for a National Health Program

It’s the insurance companies, stupid

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EDITORIAL It’s hard to imagine a better time for real, lasting health care reform. A popular president with a reform mandate has made it a top priority. The Democrats control both houses of Congress, with enough votes in the Senate to block a filibuster. Medical costs are soaring, driving individuals and businesses into bankruptcy. Even some big corporate executives, who recognize that the United States can’t compete in the global economy when companies have to spend so much on employee health insurance, are starting to come around.

So why is the bill working its way through Congress so incredibly weak?

One reason: the private insurance industry is still calling the shots.

In fact, from the very beginning, private insurers were involved in the policy discussions. Nancy Ann DeParle, President Obama’s senior health policy advisor and the White House point person on reform, brought the industry into the room on day one. Sen. Max Baucus of Montana, who heads the Finance Committee that is now considering the bill, received more contributions from the insurance industry than any other Democrat in the Senate.

And as long as the needs of an industry that makes profits by denying medical coverage to sick people matter more than the needs of the American people, there’s not going to be a decent reform bill.

The best experts all agree that the only way to hold down costs, insure everyone, and make the nation competitive again is to eliminate private insurance and create a government-run, single-payer system. That’s what almost every other industrialized country has — and it works. Canada spends far less than the U.S. does on health care — and the health outcomes for Canadians are far better by every measurable standard.

Yet single-payer health insurance was never on the table. The best Obama and Congress have to offer is a complex measure that increases some regulations on the industry and offers (for now) the prospect of a public option — that is, the ability of any citizen to buy a Medicare-style public insurance plan. The public plan is obviously an attractive option — private companies spend as much as 40 percent of every health care dollar on administrative overhead and profit. The figure for Medicare is about 2 percent. But even that option may not survive the final wording of the bill.

And in exchange for accepting a few new rules and (maybe) having to compete against the government, the insurers get a huge bounty: the plan would mandate that every American buys health insurance. Even if many people choose the public option (if it’s even available), the insurance industry will get millions of new customers.

And there’s no guarantee that those who are currently uninsured will be able to afford the plans they need. Many will probably buy a minimal policy and wind up vastly underinsured — which means they’ll go broke and fall onto the medical and social safety net if they get seriously ill. As Steven T. Jones and Rebecca Bowe report in this issue, the vast majority of the medical bankruptcies today involve people who have insurance.

The House Progressive Caucus is only willing to support the bill if it includes a strong, viable public option. We’d go even further: if Congress can’t offer a single-payer plan, it should at least allow the states to do that. Rep. Dennis Kucinich (D–Ohio) has an amendment that would authorize single-payer in any state that wants to try it, and that must be part of the final bill. Rep. Nancy Pelosi, who supports the current House package, should make clear that the Kucinich amendment must be part of the final package.

State Sen. Mark Leno has a single-payer bill in Sacramento that has passed twice but been vetoed by Gov. Schwarzenegger. Both Democratic candidates for governor, Mayor Gavin Newsom and Attorney General Jerry Brown, need to pledge to sign that bill if they get elected.

There’s too much at stake here to accept an industry-backed plan masquerading as reform. If this crashes and burns, it will be years before reform comes back. Let’s get it right this time. *

Corporations co-opt “local”

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news@sfbg.com

HSBC, one of the biggest banks on the planet, has taken to calling itself "the world’s local bank." Winn-Dixie, a 500-outlet supermarket chain, recently launched a new ad campaign under the tagline "Local flavor since 1956." The International Council of Shopping Centers, a global consortium of mall owners and developers, is pouring millions of dollars into television ads urging people to "Shop Local" — at their nearest mall. Even Wal-Mart is getting in on the act, hanging bright green banners over its produce aisles that simply say "Local."

Hoping to capitalize on growing public enthusiasm for all things local, some of the world’s biggest corporations are brashly laying claim to the evocative word.

This new variation on corporate greenwashing — local-washing — is, like the buy-local movement itself, most advanced in the context of food. Hellmann’s, the mayonnaise brand owned by the processed-food giant Unilever, is test-driving a new "Eat Real, Eat Local" initiative in Canada. The ad campaign seems aimed partly at enhancing the brand by simply associating Hellmann’s with local food. But it also makes the claim that Hellmann’s is local, because most of its ingredients come from North America.

It’s not the only industrial food company muscling in on local. Frito-Lay’s new television commercials use farmers to pitch the company’s potato chips as local food, while Foster Farms, one of the largest producers of poultry products in the country, is labeling packages of chicken and turkey "locally grown."

Corporate local-washing is now spreading well beyond food. Barnes & Noble, the world’s top seller of books, has launched a video blog under the banner "All bookselling is local." The site, which features "local book news" and recommendations from employees of stores in such evocative-sounding locales as Surprise, Ariz., and Wauwatosa, Wis., seems designed to disguise what Barnes & Noble is — a highly centralized corporation in which decisions about what books to stock and feature are made by a handful of buyers — and to present the chain instead as a collection of independent-minded booksellers.

Across the country, scores of shopping malls, chambers of commerce, and economic development agencies are also appropriating the phrase "buy local" to urge consumers to patronize nearby malls and big-box stores. In March, leaders of a buy-local campaign in Fresno assembled in front of the Fashion Fair Mall for a kickoff press conference. Flanked by storefronts bearing brand names such as Anthropologie and the Cheesecake Factory, officials from the Economic Development Corporation of Fresno County explained that choosing to buy local helps the region’s economy. For anyone confused by this display, the campaign and its media partners, including Comcast and the McClatchy-owned Fresno Bee, followed the press conference with more than $250,000 worth of radio, TV, and print ads that spelled it out: "Just so you know, buying local means any store in your community: mom-and-pop stores, national chains, big-box stores — you name it."


THE REAL BUY-LOCAL MOVEMENT


In one way, all of this corporate local-washing is good news for local economy advocates: it represents the best empirical evidence yet that the grassroots movement for locally produced goods and independently owned businesses now sweeping the country is having a measurable impact on the choices people make.

"Think of the millions of dollars these big companies spend on research and focus groups. They wouldn’t be doing this on a hunch," observed Dan Cullen of the American Booksellers Association, a trade group which represents about 1,700 independent bookstores and last year launched IndieBound, an initiative that helps locally owned businesses communicate their independence and community roots.

Signs that consumer preferences are trending local abound. Locally grown food has soared in popularity. The United States is now home to 4,385 active farmers markets, a third of which were started since 2000. Food co-ops and neighborhood greengrocers are on the rise. Driving is down, while data from several metropolitan regions show that houses located within walking distance of small neighborhood stores have held value better than those isolated in the suburbs where the nearest gallon of milk is a five-mile drive to Target.

In city after city, independent businesses are organizing and creating the beginnings of what could become a powerful counterweight to the big business lobbies that have long dominated public policy. Local business alliances — such as San Francisco Locally Owned Merchants Alliance, Stay Local! New Orleans, and Phoenix’s Local First Arizona — have now formed in more than 130 cities and collectively count about 30,000 businesses as members.

In San Francisco, the buy-local movement is strong. Voters and elected officials have erected bureaucratic barriers to new chain stores, and citizens have used those tools to fend off even respectable chains such as American Apparel, which earlier this year tried unsuccessfully to open a store on über-local Valencia Street. The San Francisco Small Business Commission runs a buy-local campaign that was created in December by such unlikely partners as the Guardian, Mayor Gavin Newsom, and the San Francisco Chamber of Commerce (see "Shop local, City Hall," 5/6/09).

Through grassroots buy-local and local-first campaigns, these alliances are calling on people to choose independent businesses and local products more often. They also are making the case that doing so is critical to rebuilding middle-class prosperity, averting environmental collapse, keeping more money in the local economy, and ensuring that our daily lives are not smothered by corporate uniformity.

Surveys and anecdotal reports from business owners suggest that these initiatives are changing spending patterns. While the federal Department of Commerce reported that overall retail sales plunged almost 10 percent over the holidays, a survey in January by the Institute for Local Self-Reliance (where I work) found that independent retailers in cities with buy-local campaigns saw sales drop an average of just 3 percent from the previous year. Many respondents attributed this relative good fortune to the fact that more people are deliberately seeking out locally owned businesses.

CORPORATIONS TAKE NOTE


None of this has slipped the notice of corporate executives and the consumer research firms that advise them. Several of these firms have begun to track the localization trend. In its annual consumer survey, the New York–based branding firm BBMG found that the number of people reporting that it was "very important" to them whether a product was grown or produced locally jumped from 26 to 32 percent in the last year alone. "It’s not just a small cadre of consumers anymore," said founding partner Mitch Baranowski.

Corporate-oriented buy-local campaigns that define "local" as the nearest Lowe’s or Gap store are now being rolled out in cities nationwide. Some represent desperate bids by shopping malls to survive the recession and fend off online competition. Others are the work of chambers of commerce trying to remain relevant. Still others are the half-baked plans of municipal officials casting about for some way to stop the steep drop in sales tax revenue.

Many of these Astroturf campaigns are modeled directly on grassroots initiatives. "They copy our language and tactics," said Michelle Long, board president of the San Francisco–based Business Alliance for Local Living Economies and executive director of Sustainable Connections, a seven-year-old coalition of 600 independent businesses in northwest Washington state that runs a very visible and — according to market research — very successful local-first program. "I get calls from chambers and other groups who say, ‘We want to do what you are doing.’ It took me a while to realize that what they had in mind was not what we do. Once I realized, I started asking them, ‘What do you mean by local?’ "

Examples abound. In Northern California, the Arcata Chamber of Commerce is producing "Shop Local" ads that look similar to the Humboldt County Independent Business Alliance’s "Go Local" ads, except they feature both independents and chains. Spokane’s "Buy Local" program, started by the chamber, is open to any business in town, including big-box stores. Log on to the "Buy Local" Web site created by the chamber in Chapel Hill, N.C., and you will find Wal-Mart among the listings.

But there’s a huge difference — even on strictly economic grounds — between shopping at a local chain store and a locally owned store. Studies have shown that $45 of every $100 spent at locally owned stores stays in the community, helping other local businesses and supporting government services, whereas only about $13 of every $100 spent in chain stores remains local.

When the city of Santa Fe, N.M., decided to launch a campaign to encourage people to shop locally, the Santa Fe Alliance, a coalition of more than 500 locally owned businesses that has been running a buy-local initiative for several years, signed on. At the kickoff in March, the alliance’s director, Vicki Pozzebon, emphasized the economic impact of shopping at a locally owned business versus a chain.

"After that, the city asked me not to push the $45 versus $13, but just say ‘local.’ " Pozzebon said.

The city’s message, according to Kate Noble, a city staffer who runs the program, is that shopping at Wal-Mart is fine, as long as it’s not Walmart.com. But Pozzebon said, "It has only diluted our message and confused people."

These sales tax–driven campaigns may well be doing more harm to local economies than good, according to Jeff Milchen, co-founder of the American Independent Business Alliance. "If you encourage people to shop at a big-box store that takes sales away from an independent business, you’re just funneling more dollars out of town."

The irony of trying to solve declining city revenue by trying to get people to shop at the local mall is that the mall itself may be the problem. While many California cities are facing budget cuts and even bankruptcy, Berkeley has managed to post a small increase in revenue. Part of the reason, according to city officials, is that Berkeley has more or less said no to chains and is instead a city of locally owned businesses that primarily serve local residents. That creates a much more stable revenue base. Berkeley hasn’t benefited from the temporary boom that a new regional mall might create, but neither has it gone bust.
Stacy Mitchell is a senior researcher with the New Rules Project (www.newrules.org) and author of Big-Box Swindle: The True Cost of Mega-Retailers and the Fight for America’s Independent Businesses (Beacon, 2006). This story was commissioned by the Association of Alternative Newsweeklies (AAN), of which the Guardian is a member, and is also running in other AAN papers this month.

Newsom sides with landlords. Again.

6

By C. Nellie Nelson

In the late afternoon on Friday, Mayor Gavin Newsom stood by his earlier threat and vetoed pro-tenant legislation known as the Renter Relief Package. In June, the Guardian reported that the package, introduced by Sup. Chris Daly, had majority support on the Board of Supervisors. But the legislation was one vote short of the eight votes need to override a veto.

Daly told the Guardian that he was disappointed with the lack of any alternative or counter-proposal in the mayor’s veto message. “If you’re a renter in San Francisco in a recession, too bad,” he interprets the mayor’s actions.

No ethics in Ethics Commission

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By Steven T. Jones

The San Francisco Ethics Commission has long been accused of corruption, selective enforcement, and gross incompetence – charges supported by knowledgeable activists, whistleblowing employees, and Guardian investigations – but a pair of recent developments shows just what a public liability this agency has become.

When the District Attorney’s Office this week brought felony charges against three City College officials for laundering public funds into a slush fund and campaign account, the very thing that Ethics is supposed to regulate, it highlighted just how incompetent the agency is. After all, as the Guardian reported two years ago, Ethics Commission Executive Director John St. Croix admitted that he knew about the violations way back in 2005 – even before the Chronicle broke the story — and he did nothing.

Yet St. Croix (who has not returned our call for comment) and Deputy Director Mabel Ng – who should have been fired back in 2004 for illegally ordering the destruction of public documents that revealed another money laundering scheme, this one involving Gavin Newsom’s first mayoral campaign – have been actively trying to get rid of the agency’s most public spirited employee, Oliver Luby (the guy who first discovered the City College shenanigans), in the process opening the city up to legal liability by retaliating against a whistleblower.

Board approves sale of CTs – but there’s a twist

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By Rebecca Bowe

On Tuesday, the Board of Supervisors voted unanimously to approve the sale of four city-owned combustion turbines, with a final vote on the matter still pending. But an amendment to the ordinance built in some wiggle room for the San Francisco Public Utilities Commission to reconsider as strategies advance to shut down the Potrero power plant.

The CTs — which can be used to produce electricity during periods of peak demand — were nearly used to develop in-city electric generating facilities last year that would have replaced the existing Potrero power plant. Those plans were ultimately abandoned, the units have been sitting in storage in Texas ever since, and the Potrero plant has continued running 24/7. When Mayor Gavin Newsom introduced his interim budget in June, he included the sale of the turbines for $10 million — much lower than market value, but the maximum amount the city is entitled to under the terms of a settlement agreement that turned them over to San Francisco in 2003.

During last year’s debate over the construction of the city-owned power plants, it seemed like the city had no choice but to live with either the Potrero plant or the city-owned peaker plants in order to satisfy the requirements of the California Independent System Operator, a quasi-governmental agency that oversees the electricity grid and determines the amount of power needed to ensure reliability during worst-case scenarios. But in May, Newsom, SFPUC General Manager Ed Harrington and several others sent a letter to the Cal-ISO outlining a plan to have it both ways: They proposed closing down the entire Potrero plant and employing upgraded transmission lines, instead of in-city generation, to bridge the electricity gap.

If that plan is accepted by the Cal-ISO, all four CTs can be sold off, and the Potrero plant could finally be shut down. But whether or not the Cal-ISO is open to that idea remains up in the air.

What’s wrong with San Francisco?

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EDITORIAL In the end, Mayor Gavin Newsom got his way. The San Francisco supervisors made some significant changes to the budget and saved some $40 million worth of programs that the mayor wanted to cut or privatize, but the Newsom for governor ads will still be able to proclaim that the mayor solved his city’s budget problem without raising taxes or cutting police and firefighters.

Instead, this fall some 1,500 city employees are slated to be laid off, 400 of them in the Department of Public Health. Many recreation directors will get pink slips. Human services will lose at least 100 people. Nonprofit service providers will see much of their city funding disappear. The money to pay for public financing of the upcoming supervisorial and mayoral races is gone. Newsom’s pet (and expensive) 311 service will still be open 24 hours a day (with a lot of the money coming from Muni).

Not one of the city’s hugely redundant fire stations will close, even for a few days at a time. The bloated police budget will see no significant cuts, and the cops and firefighters will still get raises. The mayor will continue to employ five people in his press office.

And the only new revenue in the budget comes from fee increases on Muni, public parks, after-school programs, street fairs, restaurants, and the like.

Sup. John Avalos, chair of the Budget and Finance Committee, told us this was the best deal the supervisors could get, and it’s true that the board forced Newsom to add back a lot of money he wanted to cut. But the committee stopped far short of doing what it should have done — fundamentally changing the priorities of the Newsom budget.

Campos told us that he had "mixed feelings" about the deal and expressed concern about the board’s ability to shape midyear cuts and the lack of commitment from Newsom to support support placing revenue measures on the November ballot. Mirkarimi said he was happy with the dollar amounts of the add-backs but proposed holding in reserve some funding for the mayor’s pet projects — a tool for ensuring that Newsom consults with supervisors on the midyear cuts as promised — but Avalos opposed the idea.

Avalos said he’s relying on Newsom’s commitment to him: "The mayor has given me the assurance that he will not make unilateral decisions." But Newsom has a history of breaking such promises.

And the supervisors have not included any new tax revenue in the budget projections. Which puts San Francisco far behind Oakland.

The Oakland City Council has plenty of problems, and the mayor of Oakland, Ron Dellums, has been missing in action on a lot of the city’s problems lately. But when the mayor and the council had to address the budget problems, they came up with a solution that includes at least $6 million in new taxes. While that sounds like a small number, it’s almost 10 percent of Oakland’s budget shortfall. And the new taxes, which will need voter approval in a special July 21 election, are included as part of the budget plan for fiscal 2009-10.

Two of the new taxes — a levy on pot clubs (which the clubs themselves strongly support) and a loophole-closing measure that forces big businesses to pay their fair share of real estate transfer taxes — require only a simple majority vote to take effect. The reason: the council voted unanimously to declare a fiscal emergency and put the measures on the ballot. That allowed the city to avoid the state law that requires a two-thirds vote on most new taxes.

Measures C, D, F, and H make up a generally progressive package that has the support of Council Members Rebecca Kaplan and Jean Quan and Rep. Barbara Lee. We’re happy to endorse all four.

Measure C is a 3 percent increase in the city’s hotel tax, which would rise from 11 percent to 14 percent. Half the new money would go to the Oakland Convention and Visitors Bureau while the other half would be split between the Oakland Zoo, the Chabot Space and Science Center, and cultural arts programs and festivals in the city. We could argue with the distribution (arts festivals should probably get more money and the Visitors Bureau less) but overall, it raises the hotel tax to the level of most other cities in the area and would raise money for the sorts of programs hotel taxes typically fund.

Measure D is a technical amendment to the Oakland Kids First law that mandates spending on programs for children and youth. It changes the spending requirement from 1.5 percent of total city revenues to 3 percent of the general fund. That’s slightly less money than the program currently gets, but a lot more than it has had over the past decade. The coalition that put Kids First on the ballot in 1996 (and modified it in 2008) supports this modest change.

Measure F is a creative new tax. It would impose a 1.8 percent gross receipts tax ($18 per $1,000 in sales) on medical marijuana businesses. Most efforts to hike business taxes face bitter opposition from business owners, but in this case, the pot clubs are happy to pay. In fact, the four dispensaries in Oakland are among the measure’s strongest supporters. Paying taxes tends to legitimize the clubs — and while it’s going to be tricky to track sales in what is still largely a cash business where records have in the past been kept vague to avoid the threat of federal prosecution, this is a strong step in the right direction.

Measure H would prevent big corporations from cheating Oakland out of real estate transfer taxes. Under current law, a business that owns property in Oakland and is bought by another business (or becomes part of a merger) doesn’t have to pay transfer taxes on the property it owns. Closing that loophole could bring in as much as $4.4 million a year.

There’s a lesson here for the much larger city across the Bay.

San Francisco desperately needs new revenue. And while the mayor has talked, in vague terms, about maybe supporting some sort of tax measures in November, he hasn’t committed to anything. There are several proposals floating around the board, the latest of which is a Labor Council-supported tax on alcohol consumption, but no coherent package. The progressives on the board — both those who support the compromise Newsom budget and those who don’t — need to set aside those differences, now, and get to work on finding ways to bring in enough new money to deal with the impacts of further state cuts and stave off some of the layoffs slated for the fall.

The main obstacles are Sups. Sean Elsbernd and Michela Alioto-Pier. Everyone who cares about saving services in this city needs to pressure them to back away from their GOP-style no-new-taxes stands. If those two would at least agree to let the voters decide on new revenue measures, the city would likely get a unanimous board — and the ability to raise taxes with a simple majority vote.

Oakland’s pot club tax and real estate transfer tax are great ideas that can be directly imported to San Francisco. The city’s business tax could be made more progressive (and bring in new revenue) with a simple change in the tax rates (higher on the big outfits, lower on the small ones). We’re dubious about a sales tax increase — even a half-percent hike would bring the local tax rate to 10 percent. And, even though the alcohol tax isn’t exactly progressive, those ideas could be acceptable as part of a package.

The main thing is that the city will need, at minimum, another $100 million this fall, and probably ought to be looking at raising twice that much. Oakland — a city with far fewer resources, a much smaller business base, and radically less wealth — is managing to fight its deficit with progressive taxes. What’s wrong with San Francisco?

P.S.: Sup. Chris Daly was outspoken in his criticism of the budget deal, blasting Newsom and even taking on his former aide and longtime ally, Avalos. But for all his bluster about the mayor, Daly couldn’t bring himself to oppose Anson Moran, Newsom’s nominee for the Public Utilities Commission. Moran was a staunch ally of Pacific Gas and Electric Co. when he was the PUC’s general manager, and the full board should reject him. *

Editor’s Notes

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Tredmond@sfbg.com

There was plenty in the long New York Times Magazine cover story profile of Gavin Newsom to induce the Technicolor yawn. But the sentence I found most offensive was buried after the jump, down at the bottom of a page of type: "While generally considered a liberal by people outside of San Francisco, Newsom has not shied from confronting the left with tough love."

Say, what?

Whenever you read something in the Almighty Times that uses terms like "generally considered," you need to stop and think. Considered by whom? And what the hell does the Times mean by "liberal?"

You can define that word any way you want — Wikipedia has a long history, and outlines the difference between the classical liberalism of John Locke, Adam Smith, and David Ricardo (much of which we would now call libertarianism) and the social liberalism of the postwar era. I think any honest definition, though, rests in significant part on the notion that unregulated free markets are not always the best way to allocate resources, that government has a role in helping the needy, and, perhaps most important, that one of the primary functions of government is to reallocate income and resources to increase equality — that is, to tax the rich to feed the poor.

Liberalism got a bad name in the 1960s, particularly when it was used to apply to politicians like Lyndon Johnson and Hubert Humphrey, who had the right ideas about using exceptionally high taxes on the very rich (the marginal rate in that era was more than 70 percent) to fund programs like the Great Society, but were utterly wrong about the Vietnam War and the use of U.S. military force abroad. And in the 1970s and 1980s, liberal politicians like Phil and John Burton in San Francisco became way too close to the real estate developers.

But words have to mean something, or the whole gig is over. And, as far as I’m concerned, a mayor who refuses to raise taxes to cover a huge budget deficit, and instead cuts wholesale from programs that help the poor, is not by any definition a "liberal."

He’s not terribly good at "tough love," either.

The Times uses his implementation of Care Not Cash as an example — the program, the magazine says, "essentially ended direct payments to homeless people and put the money into service agencies instead." Not exactly true — Newsom ended direct payments to homeless people, but the "care" part of the package was never really there. And it’s all gone in this latest budget. That’s not tough love — it’s just tough.

The idea that Mayor Newsom of San Francisco is a good liberal who is still willing to challenge the left every now and then is just mythology. Newsom (generally, to use the Times’ favorite word here) has no relations whatsoever with the left. That fact might help him in the campaign — Californians as a whole are not as progressive as San Franciscans. But let’s at least be honest about it.

And of course, the lavish story is another sign that the Newsom campaign is rolling ahead very nicely. "The fact that a national newspaper of the stature of the Times decides that Gavin Newsom is the story in the governor’s race is certainly a plus," Eric Jaye, Newsom’s chief political advisor, told me. I’d say that’s a bit of an understatement. *

Editorial: What’s wrong with San Francisco?

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The only new revenue in the budget comes from fee increases on Muni, public parks, after-school programs and the like.Meanwhile, Oakland is fighting its budget deficit with progressive taxes.

EDITORIAL In the end, Mayor Gavin Newsom got his way. The San Francisco supervisors made some significant changes to the budget and saved some $40 million worth of programs that the mayor wanted to cut or privatize, but the Newsom for governor ads will still be able to proclaim that the mayor solved his city’s budget problem without raising taxes or cutting police and firefighters.

Instead, this fall some 1,500 city employees are slated to be laid off, 400 of them in the Department of Public Health. Many recreation directors will get pink slips. Human services will lose at least 100 people. Nonprofit service providers will see much of their city funding disappear. The money to pay for public financing of the upcoming supervisorial and mayoral races is gone. Newsom’s pet (and expensive) 311 service will still be open 24 hours a day (with a lot of the money coming from Muni).

Nickel and dimed in SF

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By Steven T. Jones

On the gubernatorial campaign trail, Mayor Gavin Newsom has been touting the claim that he balanced city’s budget without any tax increases – not usually something liberals (which Newsom sometimes claims to be) generally boast about, particularly when it causes mass layoffs and service reductions – but there’s a plethora of fee increases.

Just look at tomorrow’s Board of Supervisors agenda, which includes 17 different increases in various fees and permit costs proposed by Newsom. So you’ll pay more if you need medical care, throw a street fair, use a city field, smoke cigarettes, sell art on the street, have a kid in an after-school program, or a number of other activities. The mayor’s proposed budget hiked fees by 41 percent.

But if you’re a rich out-of-town corporation, or wealthy property owner, or some other constituency that Newsom wants to protect from the dreaded T-word, don’t worry. He’s got your back.

Assessing the city budget deal

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By Steven T. Jones

Progressives aren’t feeling much joy over the city budget deal that was cut yesterday between Mayor Gavin Newsom and Sups. David Chiu and John Avalos (respectively the board president and chair of the Budget Committee), and that’s not just because it gave the gubernatorial candidate the chance to shamelessly crow, “The contrast is stark, isn’t it? In Sacramento, it’s a state of emergency. In San Francisco, a budget deal.”

It’s true that the deal to restore $43.7 million in Newsom-proposed cuts – more so-called “add-backs” than a Board of Supervisors has ever made to a mayor’s budget — was a real compromise, not coincidentally about half of what the board’s progressive majority was looking for, and it averted bloody budget standoff that neither side wanted.

But the cuts to progressive priorities are still deep and Newsom’s wasteful pet projects and taxpayer-funded political operation remain intact (Paul Hogarth has a good analysis of the numbers here). And the whole episode just feels a little like it was scripted by Team Newsom, starting on June 1 when the mayor unveiled his budget and said, “I count on you to add back a lot of the things I don’t want to see cut.”

Of course, that was followed by an aggressive butting of heads: the police and fire unions slammed the rookie supervisorial leaders hard, even running a sound truck through Avalos’ neighborhood calling for his recall, which progressive activists and union leaders responded to with increasingly confrontational tactics, even blocking Newsom’s Pride Parade vehicle with a “die-in.”

Ultimately, the clashes led to a compromise that Avalos described to us as: “It’s as good as we could possibly get.”

NYT Mag takes on Cali and The Gav

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By Steven T. Jones
newsom.jpg
It’s fitting that the just-posted New York Times Magazine profile on how colorfully fucked-up California is right now leads with our own Mayor Gavin Newsom, both with his words and image.

The most telling paragraph is the second one, describing Newsom’s initial confusion over an emergency call button on his desk: “Newsom says he has not had occasion to press the button since, although the mayor admits he is tempted to whenever meetings drag on or when reporters ask him annoying questions or when he becomes bored, something that happens easily.”

There are mountains of things to say about all this – from discussing Newsom’s carefully crafted media image to pushing back on the latest East Coast “wow, isn’t California weird” profile – but for now, just give this long piece a read and feel free to discuss. I was already working on another Newsom post for later in the day, and this is just one of many interesting items that have popped up in the last strange week.