Government

Editor’s Notes

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Tredmond@sfbg.com

What the voters turned down was a political deal, cut by five people in Sacramento — the governor and the Democratic and Republican leadership of the Assembly and Senate. The Republicans leaders weren’t even that involved at the end — it was two Democrats, Speaker Karen Bass and Senate President pro tem Darrel Steinberg, and Gov. Schwarzenegger, trying to make a budget pact work and then dragging a reluctant GOP legislator or two along.

The tax increases that were designed to help this year’s budget are in effect, approved by the Legislature. The Prop.1A–1B deal would have extended them an extra two years. The $6 billion that Props. 1C, 1D, and 1E would have "raised" (as the Chronicle described it) actually came from two things — cuts to children’s programs and mental health services and borrowing against future lottery proceeds.

What the voters rejected, among other things, was a provision that would have come awfully close to being a spending cap. It would have been this generation’s version of Prop. 13, a fiscal straightjacket demanded by antitax Republicans that the state would regret for years to come.

And the left opposed the deal as strongly as the right.

The real lesson: the voters don’t trust either Schwarzenegger or the Legislature. The state government is a godawful mess, and everybody knows it.

So this week, we talk about fixing things.

Let me start by quoting a man I have always held in utter disdain, the late right-wing economist Milton Freidman. Because he makes a valid point:

"It is worth discussing radical changes, not in the expectation that they will happen but for two other reasons. One is to construct an ideal goal so than incremental changes can be judged by whether they move the institutional structure toward or away from that ideal. The other reason is very different. It is so that if a crisis requiring or facilitating radical change does arise, alternatives will be available that have been carefully developed and fully explored."

I’m not sure that California, a state that now has 36 million residents and by current projection will have 60 million in the next 20 years, can possibly be governed by our current institutions and systems. It’s too big; it costs way too much money to run for office, run an initiative campaign, or communicate effectively to the voters. You can’t compete for statewide office without tens of millions of dollars. State senators represent almost 1 million people. Try running a low-budget, grassroots campaign in that universe. Initiative battles are so much more about money than they are about facts that the wrong side often wins. The major news media don’t cover Sacramento much anyway, so state politics come down almost entirely to cash and hype (witness the current occupant of the Governor’s Office).

We need more than just a Democratic governor and more Democrats in the Legislature. We need to rethink the way we run California. *

Feldstein: Has the US Recovery Begun?

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Martin Feldstein, a professor of economics at Harvard, was formerly Chairman of President Ronald Reagan’s Council of Economic Advisors and President of the National Bureau for Economic Research. Feldstein is a contributing writer for Project Syndicate.

Has the US Recovery Begun?

By Martin Feldstein

CAMBRIDGE – Although the American economy is continuing to decline, it is no longer falling as fast as it was at the beginning of the year or in the weeks after the collapse of Lehman Brothers in September 2008. In that sense, it is reasonable to say that the worst of the downturn is now probably behind us.

But my reading of the evidence does not agree with that of those who claim that the economy is actually improving, and that a sustained cyclical recovery is likely to begin within the next few months. Although the stimulus package of tax cuts and increased government outlays enacted earlier this year will give a temporary boost to growth, we are unlikely to see the start of a sustained upturn until next year at the earliest.

Say goodbye to Gavin

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Because he’s going to be around even less now that his campaign for governor is officially underway. Not that he’s been around all the much anyway. I like the way CBS describes how he’s spending his time:

Newsom has recently taken time off from campaigning to address budget issues in San Francisco, where he told reporters Thursday morning that he hoped to complete his budget before the June 1 deadline

Excuse me — “taken time off from campaigning?” Uh, isn’t campaiging “taking time off” from the job he’s been elected to do and is getting paid to do? Just for the record (thanks, Kimo Crossman for noticing this), the City Charter says:

CAEC § 13.5 (b)(2); Government Code §§ 24001, 24002 . The Mayor shall devote his or her entire time and attention to the duties of the office, and shall not devote time or attention to any other occupation or business
activity

Now, I know when any poitician runs for higher office, the current office suffers (Barack Obama wasn’t introducing a lot of legislation in the U.S. Senate last year). And that’s to be expected, and while the people of Illinois had a senator who was missing from the Senate a lot, I think most of them, like me, are glad that Obama did what he did.

Still, being mayor of a city that’s in a state of crisis is a little different. Running for governor is fine, but I’d rather it wasn’t Newsom’s major occupation, at least not right now.

Meanwhile, Sfist has a fascinating poll. These things are not at all scientific, and can easily be gamed, and it’s a small sample, but: remember, most sfist readers are San Franciscans, and I would guess the demographic skews young — that is, they’re Gavin’s people. And guess what?

About 50 percent like Jerry Brown. Only 30 percent like Newsom. A typical comment:

Let’s see, morally bankrupt, puppet mayor of San Francisco, morally bankrupt, idiot mayor of LA or the kooky old guy with more experience in his pinky than the other two combined.

Newsom better get his Plumpjack busboy uniform pressed or get used to being a socialite – again.

Gavin Newsom: Coming soon to a dog park near you, Mill Valley.

Now, before Nathan Ballard starts running around the office logging into every computer he can and piling up the Newsom votes, we all know that races are not won and lost on blog polls. Who knows — Jerry’s kids may have already started that game (although I don’t think they quite have it together at this point). And numbers aside, Newsom is running a sharp campaign. He’s selling himself as the agent of change, and Brown as yesterday’s news, and that will work — unless people take a hard look at what our mayor has actually done, in his own city.

Which doesn’t amount to much.

Dazed and confused

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news@sfbg.com

Police officers in the Tenderloin have routinely violated city policies and wasted scarce public money sending people busted for possessing less than an ounce of marijuana to the Community Justice Center (CJC), a pet project of Mayor Gavin Newsom that was supposed to save money and clean up the Tenderloin.

Instead, all these minor drug possession cases have been dismissed by an already overtaxed court system. And as the police have only just begun to ease up on referring these cases to the CJC in its second month of operations, they continue to bust the homeless for quality-of-life violations.

The Tenderloin police station referred at least 17 cases of simple pot possession cases to the CJC since its inception in March. After only one month of the CJC’s operations in the Tenderloin, Public Defender Jeff Adachi could already see that such police referrals represented a larger misuse of resources occurring throughout the city.

Adachi’s office has handled more than 300 cases at the CJC. Of his caseload, he estimates that "about 80 percent of the cases have involved loitering, illegal camping, possession of marijuana, possession of paraphernalia, and blocking the sidewalk. The remainder of the cases were petty thefts, batteries, and other miscellaneous crimes."

Clarence Wilson, a 67-year-old African American Rastafarian, had his marijuana possession case dismissed at the CJC with Adachi’s help. Wilson’s ordeal began after he finished crossing the street at Hyde and Ellis at 11 a.m. Wednesday, April 8. He recalls walking in the crosswalk during a green light. But when he gazed up while reaching the other side, it had just turned red.

Two Tenderloin station police officers stopped him for jaywalking and proceeded to question him to see if he was carrying anything. "Just herbal," he admitted, referring to the small amount of marijuana he had just purchased.

The officers faced Wilson against the wall, handcuffed him, and drove him to the Tenderloin police station where he spent 45 minutes handcuffed to a bench. Before they released him with a court date for the following Monday at the CJC, they booked him under a jaywalking infraction and a misdemeanor violation of marijuana possession of less than 28.5 grams (an ounce).

Wilson’s case stands out because he has lived in the city for 33 years with a clean record, but has now been sucked into Newsom’s costly criminal justice experiment. "I was the guinea pig for that day," he said. "All these other people were crossing the red light walking, and you chose me — and you wouldn’t even tell me why I was being arrested. You wouldn’t even read me my rights."

"If the officer wanted to cite Mr. Wilson for jaywalking, he could have written a citation and released him on the spot," Adachi said. "But to handcuff him, treat him as a common criminal for possession of a small amount of marijuana is exactly what the city’s directive prohibits."

Possession of less than one ounce of marijuana is a misdemeanor and carries a maximum sentence of a $100 fine. But city law, specifically Administrative Code Chapter 12X, calls for police to make possession of less than an ounce of marijuana their "lowest priority" and to focus their resources elsewhere. The Board of Supervisors approved the law in 2006, sponsored by then-Sup. Tom Ammiano, who wrote, "the federal government’s war on drugs has failed" and called for a more sensible approach in San Francisco.

Particularly at a time when Newsom is asking every city department to makes budget cuts of 25 percent to cope with a $438 million budget deficit, Adachi said many CJC cases are a waste of precious public resources.

The CJC only takes misdemeanors and nonviolent felony cases in its court system. Modeled after New York City’s Center for Court Innovation, it serves as a one-stop location for the court to refer offenders to social services to address the root causes of criminal behavior — although those programs dealing with substance abuse, mental health treatment, and other social needs are also on the budget chopping block.

CJC only handled violations in four selected central neighborhoods deemed to be burdened by chronic crime: the Tenderloin, SoMa, Civic Center, and Union Square communities. Capt. Gary Jimenez of the Tenderloin Police Station could not be reached for an extensive interview, but told the Guardian that his officers are simply enforcing the law by citing offenders and referring such cases to the CJC.

CJC coordinator Tomiquia Moss has weighed in by facilitating talks between Adachi and Deputy Chief of Police Kevin Cashman, who sits on the CJC advisory board to address which cases get referred. While all 17 of the pot cases have been dismissed at the CJC, Moss believes that Adachi must continue to communicate with Tenderloin police officers to advise on citation referrals. "We don’t have any impact on how the police department administers enforcement," she said. "We can only be responsible for what happens to the case once it gets here."

Moss takes pride in the CJC for providing services even to clients whose cases are dismissed. She believes that almost all the people who have been referred to the CJC accept assistance because caseworkers are respectful and culturally competent, although she has yet to compile comprehensive statistics on CJC cases.

To get a sense on of the big picture at CJC, the Guardian reviewed a report from the Coalition on Homelessness based on the court’s calendar for its first two months in existence. Out of 336 total cases between March 4 and May 1, 100 (30 percent) were for sleeping outside; 71 (21 percent) were for possession of a crack pipe; and 99 (29 percent) were "public nuisance" citations to the court, a subjective violation often given with another citation such as obstructing the sidewalk.

However, among the pending cases that faced trial, the CJC reports that more severe crimes like theft, fraud, disorderly conduct, possession with intent to sell drugs, and soliciting drugs — cases routinely heard in other courtrooms — make up the majority.

Moss acknowledged the limitations of the CJC during tight budget times. "We anticipate people not being able to get all their needs met because there aren’t enough funds. Services are in jeopardy … You gotta consolidate. You have higher client-to-service-provider ratios. It’s a significant issue."

If the CJC is to continue operating with limited resources, Adachi and homeless advocates say Tenderloin police need to focus their resources on serious crimes, rather than quality of life violations that predominately criminalize the homeless.

Bob Offer-Westort, the civil rights organizer for Coalition on Homelessness and coordinating editor of the local paper Street Sheet, says it’s a shame to continue funding the CJC while service centers like the Tenderloin Health drop-in center are being closed due to budget cuts. Offer-Westort acknowledges the laudable social services provided at the CJC, but said "its front-end is conducted by law enforcement officers" who treat it as a "homeless court".

While Newsom hoped the CJC would be popular with city residents concerned about the homeless, 57 percent of San Franciscan voters weighed in last November against allocating extra funding to the CJC with Proposition L.

Although the mayor is proposing a 25 percent cut in the public defender’s budget, Adachi fears this would mean firing 38 lawyers, or one-third of his staff. This could translate to a withdrawal from representing approximately 6,000 clients at his office. In turn, low-income defendants stretched thin by the economic crisis would have to turn to being assigned to private lawyers with costly hourly rates that will still have to be paid for by the city.

Adachi told the Guardian that the marijuana possession cases at the CJC represent the benign types of cases squeezing his office dry, and that Newsom still has not provided Adachi with the two lawyers he promised to handle CJC cases. Newsom’s spokesperson, Nathan Ballard, would not comment on the cases going to the CJC, telling the Guardian, "I’m not going to play along."

Bruce Mirken, communications director of the Marijuana Policy Project, sees San Francisco’s use of scarce resources for marijuana cases as parallel to state and federal policy. "In a sense, it’s a small piece of a larger puzzle, which is that we waste billions and billions of dollars every year in tax money that could be being used for schools, roads, healthcare, etc. in arresting and prosecuting people for possession of a drug that’s safer than alcohol. It’s just crazy, it’s pointless, and every dollar spent on it is a dollar wasted — particularly when government is strapped for cash and cutting vital services to try to balance the budget."

The city and state continue to reassess their marijuana regulations and enforcement on a broader scale. In April, Sup. Ross Mirkarimi proposed legislation allowing the city to sell medical marijuana through the Department of Public Health. And in March, Assembly Member Ammiano began pushing for the state to legalize and tax marijuana.

In the meantime, the CJC, the District Attorney’s Office, and the Public Defender’s Office are still stretching their resources to handle small possession of marijuana cases cited by Tenderloin police station — in spite of the city’s stated priorities. And homeless individuals continue to get cited for quality of life violations while city workers providing social services see their budgets running dry.

Prison report: 3,600 layoffs — and WHAT programs?

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By Just A Guy

Editors note: Just A Guy is an inmate in a California state prison. You can read some of his past columns here, here, and here. He will try to respond to all comments and questions, but since it’s often hard to communicate from prison, it may take a while, so be patient.

I was gratified to see that Arnold is, supposedly, laying off 3,665 correctional officers and correctional employees. While I don’t wish anything bad on the employees or their families, I do feel it’s about time something like this was done and it sets the stage for releases. Not only that, but people out there seem to forget that government shouldn’t be immune to the harsh realities of rough economic times. Any business worth its salt would have laid off lots of people long ago and eradicated redundancies, unproductive workers, and unproductive positions. A normal business that is run well also takes inventories, which, I really don’t think California does in any measure. California really needs a six sigma methodology, BAD. Ask Meg Whitman, she was the CEO of eBay and is planning to run for governor, Meg said she would lay off at least 30,000 workers. Hmmm.

This is from the San Francisco Chronicle:

Lance Corcoran, a spokesman for the prison guards’ union, said the union doesn’t know how many guards will be laid off. He blasted the inmate–release proposal.

“This short-term savings is going to have long-term costs, and the costs will be measured, unfortunately, in lives,” Corcoran said. “I anticipate some incredibly sensational crime committed by an individual that should have been incarcerated.”

I understand that it’s Corcoran’s job to ridicule anything the California Correctional Peace Officers Association sees as a threat to its ability to protect union members and their jobs, but I think it’s really funny that he’s saying that some sort of sensational crime will be the result of releases. Corcoran seems to think that the general public is so naïve (or are they?) as to not realize that any person being released is going to get out anyway!

The fact that a person was released early has absolutely nothing to do with whether or not he or she commits another crime, sensational or not. Obviously another scare tactic perpetuated by the CCPOA with no counter point to Corcoran’s assertion offered by the Chronicle — imagine that. (And why is it that the mainstream news media always seems to quote the CCPOA on prison issues — but rarely talks to, say, prisoners rights groups, or anyone else, for the other side of the story?)

Is cable access worth $28?

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By Tim Redmond

That’s a key question that will come before the Board of Supervisors Tuesday.

The board is voting on a resolution by Sup. Ross Mirkarimi that would seek to save the city’s PEG — that is, public, educational and government — cable TV access program. If the resolution doesn’t pass, the current PEG system, run through the nonprofit San Francisco Community Television Corporation — will shut down June 30.

The Comcast lobbyists are all over City Hall, working every supervisor, trying to stave off a move that would make the company pay a few million dollars a year to keep CTC running. Comcast’s biggest argument: We will simply pass the costs along to the consumers. Cable subscribers who now pay $6.24 a year for PEG fees will wind up paying $28.20 a year.

Comcast is calling that a 352 percent hike, but the reality is that $28 a year is, in my mind, very little to pay for the kind of cable access we now have. As CTC chief Zane Blaney noted in a message he sent around this week:

The question is whether PEG access is worth $2.35 per subscriber per month? That’s less than the price of a latte or a pizza or a bag of chips. It’s less than the price of a movie or three iTune downloads. For a year, it’s about the price of a movie for two with popcorn. Most subscribers get hundreds of channels that they don’t watch or care about and get nothing but mindless programming in return. With PEG they get access to television training and production facilities; 2,500 hours of relevant local, community-based, grassroots programming; gavel-to-gavel coverage of government meeting and distance learning courses.

The vote on Tuesday will determine if the cable industry will continue to rule at City Hall; diminish the return to San Franciscans for their use of our public-rights-of-way and continue to collect nearly $2,000,000 per year from San Francisco cable subscribers without returning anything substantial in the public interest. We can make a difference, but not without your help. Here’s what you can do.

Call and email the following Supervisors:

Bevan Dufty
415-554-6968
bevan.dufty@sfgov.org

David Chiu
514-554-7450
david.chiu@sfgov.org

Sophie Maxwell
415-554-7670
sophie.maxwell@sfgov.org

Tell them PEG access is worth $2.35 per month and, if you’re a cable subscriber, tell them you’re willing to pay this fee and to support the State Video Franchise Holder Ordinance at 3%.

Also, if you’re available, come to the meeting of the Supervisors on Tuesday, May 19th with an object worth at least $2.35 and hold it up with a sign supporting PEG. No food or drink is allowed in the Chamber.

Sounds like a good idea to me.

John Ross takes no prisoners

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By Tim Redmond

51309ross.jpg
Ross tell the supes how it is. Photo by Luke Thomas

It wouldn’t have been John Ross Day in San Francisco if they didn’t have to call the cops.

And, indeed, a few minutes after Ross – the poet, journalist, activist, author and Bay Guardian correspondent – was honored at the Board of Supervisors, with a proclamation sponsored by Sup. John Avalos, his companeros and campaneras recessed to a conference room down the hall to await refreshments, and since it was 4:20, and the windows of the room were open, well …. The smell of fresh herbal medicine wafted out the door and down the hall, and pretty soon you could smell it in front of the supervisors chamber, and before long a couple of sheriff’s deputies came by and – politely, respectfully – informed us all that smoking – “of any kind” – was forbidden in City Hall.

And for a moment, I shuddered, because whenever the cops are around and John is around, there always seems to be trouble.

But remarkably enough, everyone on all sides kept cool, and the deputies walked away, and John made it through an entire afternoon and evening at City Hall without getting arrested.

That’s a far cry from the old days.

Typically, when people are honored by the supervisors, they thank the board, praise the wonders of this city and politely and meekly receive their award. Not John Ross.

The half-blind, half deaf rabble rouser made a short statement in which he managed to insult city government, denounce the entire process of giving out awards and demand that the board reject the Muni fare hike. Then he read a poem denouncing the “motherfuckers” who are driving poor people out of the Mission.

It was a great moment in San Francisco history. Supervisors Chris Daly, David Campos, Avalos and Ross Mirkarimi seemed to be enjoying themselves immensely; some of their colleagues, as Daly later told me, were squirming.

But that’s why we love John Ross, an uncontrollable shit disturber who is utterly and sometimes insanely fearless, who is pure of heart and devoted so deeply to the cause of social justice that he can’t put it aside, even for a minute.

Here’s his statement, in entirety.

Free Press: New Policies to Save the News

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freepresshead.jpg

New report calls for national strategy to contend with the crisis in journalism

B3: I believe that the alternative and community papers that are firmly embedded in their communities, with a strong print and web presence, doing real reporting and tackling the tough issues and making solid endorsements, will survive during hard times and live to flourish. Yes, of course I mean the Guardian and many other alternative papers. But here is a proposal that I especially like that covers other media.

WASHINGTON
— Today, Free Press released Saving the News: Toward a National Journalism Strategy, a new report on how the government should respond to the current crisis in journalism. The report provides an in-depth analysis of ideas and proposals being debated around the future of the news business and advocates for a range of short- and long-term strategies.

“Traditional media have been battered by a perfect storm, as the rise of the Internet and the disappearance of traditional ad dollars collided with the economic downturn,” said Craig Aaron, senior program director of Free Press and co-author of the report. “But many of the media industry’s wounds are self-inflicted, the result of bad business decisions and failed strategy, aided by idle regulators who looked the other way. We need a new approach.”

Read Saving the News.

Uphill climb

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steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The world stage

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a&eletters@sfbg.com

Recently I was lucky enough to land at an international theater festival in Wroclaw, Poland, jostling elbows with a transnational mix of theater folk on the occasion of the 13th annual European Theatre Prize, this year awarded to the great Polish director Krystian Lupa. It was an eye-opening glimpse at some awesome theatrical muscle rarely if ever seen in the Bay Area, or even the United States. Globally-renowned powerhouses like Italy’s Pippo Delbono and Belgium’s Guy Cassiers were there with some extraordinary work, not to mention that of Lupa, whose utterly brilliant and plotless eight-hour fantasia on Andy Warhol’s Factory, Factory 2, proved an absolute highlight of my theatergoing career thus far.

While dreaming of the day Factory 2 takes its local bow, I can only appreciate all the more what places like UC Berkeley’s Zellerbach Hall or San Francisco’s Yerba Buena Center for the Arts do in bringing us news of the theatrical world — or news of the world, theatrically. Another local presenter of exceptional international work has been the San Francisco International Arts Festival, whose sixth season begins this week. SFIAF and executive director Andrew Wood have increasingly made world theater a vital part of the fest’s eclectic performance mix. This year is no exception, with three must-sees in the lineup.

First, South Korea’s Cho-In Theatre makes its U.S. debut with The Angel and the Woodcutter, an original physical theater piece reutf8g the Korean folk tale in a wordless, poetical drama as uncompromising as it is unexpected. Then, Russia’s famed, immensely creative performance ensemble, the Akhe Group — proponents of what they call "Russian Engineering Theatre" and favorites at SFIAF in 2005, where they presented White Cabin — return with the U.S. premiere of Gobo.Digital Glossary, a wild and captivating conglomeration of video projections, animation, ambient music, lasers, clowning, and trompe l’oeil.

Also receiving its Bay Area premiere is Beyond the Mirror, an unprecedented collaboration between New York’s Bond Street Theatre and Afghanistan’s Exile Theatre. The description of this first American-Afghani theatrical outing might ring a bell: Mirror had been slated to open Brava’s theatrical season in fall 2008, when the U.S. government’s inexplicable delays in processing visas for the Afghan performers forced its last-minute cancellation. That disappointment will happily be rectified by SFIAF when Mirror opens at Cowell Theater. (A second San Francisco appearance follows as part of foolsFURY’s Fury Factory festival in June.)

The two companies began crafting the play after meeting by chance in 2002 among the refugee camps outside Peshawar in northern Pakistan, where the activist, physical-theater–based Bond Street went after 9/11 to develop links to the Afghan people and work with a German NGO building schools in the devastated country. Exile, meanwhile, had formed as a group of refugee playwrights, actors, and other performance professionals committed to keeping Afghan arts alive and reflecting the concerns of the Afghani population living as second-class citizens in Pakistan.

Never more timely, the play ranges over the last three decades of Afghanistan’s history, using an expressive mélange of theatrical forms and techniques — including oral history, mythology, live music, traditional dance, drama, acrobatics, puppetry, and film — to tell a story of war and hope at the cusp of yet another turbulent chapter in the country’s unfolding story. Notably, the eight-member half-American, half-Afghani cast includes Afghanistan’s most famous actress, Anisa Wahab, who grew up in happier times on camera as a child star and has continued to act despite its still dangerous implications for women.

Communicating partly with some mutual English, and largely in terms of both distinct and shared physical vocabularies, the artists developed what became Mirror in a nonlinear, highly abstract way, according to Bond Street artistic director Joanna Sherman, who codirected it with Exile’s Mahmoud Shah Salimi. That in no way diminishes its rootedness or poignancy.

"We went around the countryside and interviewed different people, and videotaped them as they would allow," Sherman explained by phone from New York. "Our challenge was to portray these terrible stories in a way that was not gruesome or impossible to watch. We used our physical techniques in a way that it would be watchable and compelling but not exactly ‘realistic.’"

Since Mirror‘s premiere at the second Kabul Theatre Festival in 2005, much has happened in the U.S. and Afghanistan, prompting a small but significant revision, a new final scene, according to Sherman. "We do leave on a thought of hope," she stressed. "But [we’re] doing some interviewing again and getting some additional video. We’ll see what happens."

SAN FRANCISCO INTERNATIONAL ARTS FESTIVAL

May 20-31, various venues

www.sfiaf.org

Editor’s Notes

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Tredmond@sfbg.com

My friends and I were waiting for the bus the other day on Mission and 29th streets, wondering whether it made sense to make our kids walk about a mile to the Mission District branch library or to continue to hang out in front the donut shop and argue about why we weren’t buying donuts that afternoon. So we did what hundreds of other San Franciscans do every day: we called 311 and asked when the next bus was coming. Six minutes, the operator said.

Although we didn’t realize it at the time, we had just cost Muni $1.97.

That’s right — during Muni’s budget hearings last week, it came out that every time you call 311 and ask about the next bus — which is one of the main things people use that service for — it costs the broke and beleaguered transit system almost two bucks. That’s more than the fare you pay when you finally board. (You can call 511 and get an automated response much more cheaply, but it’s voice-activated software and can be frustrating.)

When Gavin Newsom set up his 311 system, he never told us that a fair amount of its funding would come from diverting resources away from the city departments the call center is supposed to serve. He sold it as one of his government-as-public-service programs, a way to make the city more businesslike by treating its customers — that’s us, the residents and taxpayers — better.

I’m fine with that, and I’ve never had a problem with the 311 idea. It can be intimidating for people to get through to city agencies and figure out whom to call about what, and a central dispatch makes sense. The problem is, at a time when the city’s really, really broke, I’m not sure the 311 center is more important than, say, nurses at San Francisco General Hospital or community-based mental health treatment.

Ah, but there’s a secret here: Newsom doesn’t have to fund 311 at the level of its real cost because he simply steals money from other departments.

Now that I know Muni is getting hit with a special "work order" charge (because Newsom never figured out how to pay for his pet project and is draining money from bus service to fund it), I’m done. I’m never calling 311 to ask for bus information again.

And I have to admit, I’ll feeling a little cheated. *

How to fix public transit

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OPINION As San Franciscans deal with the shock of ever-worsening budget cuts, it’s time we look to fundamental structural changes in the way government does business. That’s a scary thought because, as Naomi Klein warns, free market ideologues use shocks to accomplish a very damaging type of structural change that cuts public service, increases privatization, and strengthens class division. Those of us who support collective responsibility and a strong public sector had better work together to propose our own structural change.

In transportation, to reduce driving — which accounts for 47 percent of greenhouse gas emissions in this city — we must increase public transit ridership dramatically. Yet the San Francisco Municipal Transportation Agency is cutting its budget by 16 percent. The solution is simple, but not easy: car transportation will have to cost more, in terms of money and time. Transit, walking, and bicycling will have to be easier, faster, and safer. We can use the funds from increases in driving costs to fund improvements to other forms of transportation.

The alternative is an abandonment of the great equalizer that is public transit — and a kind of privatization that provides the automobile as an option for the middle class but at the cost of miserable transportation for the 30 percent of San Francisco households who don’t have cars.

For this to work, public transit must be not just a little bit better, it must be a great deal better. It must remain affordable for families and serve the whole city efficiently, at all hours of the day. Residents should need cars so rarely that transit costs, plus occasional car-sharing and car rentals, are cheaper alternatives than car ownership.

With a higher gas tax and tolls on freeways (measures a recent San Francisco Planning and Urban Research analysis shows to be among the most cost-effective policies to reduce greenhouse gas emissions), we can make public transit work better. SFMTA should implement its proposed rapid network on the routes that carry 80 percent of Muni’s passengers, speeding up the vehicles by at least 20 percent. That will cost car drivers some time: mixed traffic lanes will have to be converted to bus lanes. Turns will have to be restricted and parking will have to be removed.

The city also must make bicycling safe and easy. Our bikeways need to be safe for 8-year olds, who need systems that forgive mistakes and allow for slow and easy riding, and seniors, who are not physically able to ride fast and cannot afford to make emergency stops that may cause a fall. That means we need effective 18 mph traffic-calmed zones and a system of car-free bike paths, including one down Market Street.

Transportation is a regional issue that San Francisco cannot solve on its own. We must do a better job of matching our regional development patterns to our needs to promote walking, bicycling, and transit.

To make all this work, we must stop sprawl immediately and concentrate growth in cities and existing suburbs. More density in cities means more people to support transit (through fares and a higher tax base) and more people to support local shops so that walking to your grocery store is an option for more people.

Dave Snyder is transportation policy director at SPUR.

Recurrent debacle

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By Julian Davis

(Julian Davis is on the board of San Francisco Tomorrow, an urban environmental organization. He chaired last November’s Clean Energy campaign, prop H.)

In the wake of Tuesday’s vote on the Recurrent solar power deal for the Sunset Reservoir, long time progressive activists have to ask themselves, what happened?

A widespread commitment to positive government courses through the veins of San Francisco’s political community. Whether it’s defending the public health care system against cuts or the perennial advocacy of public power, one thing that unites progressives is a belief that government should work for the people and that corporate special interests have no place dictating or writing the terms at City Hall.

Making sunshine work

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

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

But that never happens.

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

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

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

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

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

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

The real defenders of San Francisco values

3

By Steven T. Jones
justice.jpgsfmuni_sfgov.jpg
While Mayor Gavin Newsom gallivants around the country – he’s been back east accepting accolades for same-sex marriage and Healthy San Francisco and trying to shore up White House support for his Treasure Island and Hunters Point redevelopment schemes – other city leaders are doing the hard work of restoring San Francisco values.

On Wednesday, there are two shining examples of this uphill battle that take place on opposite ends of Civic Center Plaza. First, SF Public Defender Jeff Adachi hosts “Justice Summit 2009: Defending the Public and the Constitution,” which highlights the importance of constitutional guarantees of quality legal representation for all defendants, regardless of income level, a right that has been eroded by budgetary pressures in San Francisco and around the country.

Among the long list of respected legal thinkers will be a keynote speech by US District Judge Thelton Henderson, who has ordered California to finally do something about severe overcrowding and substandard medical care in its prisons – a laudable and courageous stand that has been met with utter cowardice, contempt, and pandering by state officials. That event begins at 10 a.m. in the main library’s Koret Auditorium.

Then, at 1:30 in City Hall, the Board of Supervisors Budget and Finance Committee will consider a proposal by Board President David Chiu to reject the terrible and short-sighted budget that was just approved by the Municipal Transportation Agency, which reduces Muni service and increases the fare to $2 while asking little from motorists (who will increase in numbers as more people eschew taking transit) or from Muni chief Nat Ford, whose $316,459 salary is the highest in city government (again, Newsom’s doing).

These are difficult issues that require hard work (and more revenue from the well-heeled city residents that Newsom is siding with in blocking a special election on tax measures), but it’s good to see we still have some public-spirited elected officials who are willing to take risks and work for San Francisco values instead of simply campaigning on them.

Arnold’s big hoax

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The choice facing California voters May 19 is, to put it mildly, unpleasant. The budget deal hammered out by the governor and legislative leaders — which these six ballot measures will confirm and implement — at least kept the state solvent and prevented a financial catastrophe. But the solution is just terrible, and will lock the state into a budgetary nightmare for years to come.

State Sen. Mark Leno, who supports the deal, makes no attempt to soft-peddle what went on here. It was, he told us, the result of "extortion." Because California has an arcane and counterproductive rule mandating that any state budget and any tax increases must be approved by two-thirds of both houses of the Legislature, and because Republicans control just enough votes to block any budget, and because those Republicans have all signed a written promise never to raise taxes under any circumstances, and because Gov. Arnold Schwarzenegger can’t get the GOP to go along with his compromises and is unwilling to accept Democratic proposals that might escape the onerous supermajority, budget stalemate in tough times is almost guaranteed. And in this case, because the state was running out of cash and hundreds of thousands of people were about to be put out of work as state-funded projects shut down, the Democrats were forced to accept a compromise none of them like.

A small number of Republicans insisted on vast changes in the way California does business — and because the Democrats saw no other options, the GOP faction got much of what it wanted. The result: the Democratic Party leadership is campaigning for a series of measures that reflect, to a significant extent, a Republican view of how the state should be run.

The opposition to the package comes from the far right (which is upset because the budget deal includes some new taxes, albeit regressive ones) and, increasingly, progressives, who argue that the measures will make it harder for the state to meet the needs of a growing (and aging) population.

We’ve listened to both sides, researched the measures in depth, and concluded that the best choice for Californians is to reject Propositions 1A through 1F. The proposal may address (most of) this year’s budget woes and keep the state running for a while, but it will create a fiscal straightjacket on the order of Proposition 13 that will damage California and undermine any progressive policy hopes for many, many years into the future. If the voters accept this deal today, they’ll come to regret it.

Proposition 1A doesn’t quite reach the Republican holy grail — a cap on annual government spending — but it goes a long way in that direction. The measure would require the state to make annual contributions to a budget reserve fund until the reserve reaches 12.5 percent of general fund revenue. The state would have to set aside reserve money every year, even in very bad years. If next year’s budget deficit is as bad as this one, Prop. 1A would make it worse. It restricts the use of "unanticipated revenues" — meaning the state can’t spend money it might have in very good years. There’s a really complicated formula for when the state can dip into the reserve, and how it can be used, but the California Budget Project, the respected policy watchdog group, points out that the measure amounts to a cap in spending, one that won’t keep pace with California’s needs.

"Prop. 1A would not address California’s existing structural shortfall — the gap between revenues and expenditures — that exists in all but the best budget years," CBP notes. "By basing the new cap on a level of revenues that is insufficient to pay for the current level of programs and services, Prop. 1A would limit the state’s ability to restore reductions made during the current downturn out of existing revenues."

The guidelines for future spending don’t take into account the increased demand for public services California will face in the next few years. The population will increase by 29.4 percent over the 2000 level by 2020, state officials project, but the number of people 65 and older will increase by 75 percent. That will put a huge new demand on state services — and if Prop. 1A passes, the budget won’t be able to expand to meet those needs.

The budget compromise included some temporary tax increases. The sales tax is slated to go up by one cent on the dollar, the vehicle license fee will rise slightly, and there’s an across-the-board increase in income taxes. Sales taxes are the most regressive way to raise revenue, and the income tax hikes hit the rich and the middle class evenly — hardly a fair or progressive plan.

But that money is needed to close the horrendous budget gap, and the propositions are designed to make it hard for progressives to say no. If Prop. 1A and Prop. 1B go down, the taxes expire after two years. If those measures pass, the taxes continue until 2012.

Prop. 1B is part of a deal that the governor cut with the California Teachers Association, the largest union of educators in the state. It shifts some more money to the public schools to make up for what was cut this year and last. It’s a complicated formula, but in effect it probably does nothing more than what Prop. 98 — the state’s mandate to fund education — already requires. The problem is that the governor and the school districts disagree on what Prop. 98 says, and without 1B, it’s unlikely that money will be forthcoming. The money California’s public schools get under 1B is still woefully inadequate; and again, this does nothing to address the structural problems.

Prop. 1C allows the state to borrow $5 billion from future lottery revenues to help balance the current budget. Of course, that money won’t be available in future years — unless, as 1C suggests, the lottery can find ways to sell more tickets. The idea here: increase lottery revenue through better marketing, thus taking more money from poor people (the lottery is an overwhelmingly regressive source of income).

Prop 1D’s title, "Protects children’s services funding," is a complete lie. Instead it redirects money earmarked for early childhood programs into the general fund, essentially de-funding some of the most effective and inexpensive programs California offers. Prop. 1E is a similar deal — it temporarily suspends the program that funds mental health services with a tax on the very rich, and puts that money into the general fund instead.

Prop. F is just stupid — it prevents lawmakers and the governor from receiving pay increases when there’s a budget deficit. That’s not going to change anything in Sacramento.

We’re acutely aware of the risks inherent in voting down this intricately orchestrated budget compromise. In effect, the Legislature, which has been paralyzed by the two-thirds rule, will have to go back and try again. The governor, who is ineffective at best and a severe roadblock at worst, will be little help. And the anti-tax forces will claim that the voters have vindicated their position.

But let’s look at reality. The tax increases will be in effect for the next two years anyway. The state’s budget position has worsened in the past month, so the Legislature will have to figure out how to deal with an $8 billion additional shortfall no matter what happens.

And in the fall of 2010, state voters will almost certainly have a chance to repeal the two-thirds budget rule — and have a good chance to elect a Democratic governor.

California needs major, structural budget reform. If we thought this were just a temporary painful deal that would postpone the worst of the state’s problems until Schwarzenegger and the GOP obstructionists were gone, we’d be tempted to support the package. But these measures lock the state into an unacceptable budget situation forever.

Vote no on 1A–1F.

Pitting poor against poor

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OPINION In 2004, California voters passed Proposition 63, the Mental Health Services Act (MHSA), to fund the expansion of community-based mental health services. MHSA is funded through a 1 percent tax on the portion of a taxpayer’s income in excess of $1 million. It was a form of uniquely appropriate progressive taxation, making the rich pay for all the ways they test our sanity, made especially acute today in the wake of foreclosures and job losses.

Today, Gov. Schwarzenegger is leading a bipartisan assault on Prop. 63, which funds an array of needed services in California and San Francisco. By placing Proposition 1E on the May ballot, the governor is asking voters to divert MHSA money to pay for the budget deficit. This maneuver ignores the fact that California is a safer, saner place because of the act — 200,000 people are now enrolled in mental health services who were not in 2004.

The proposition pits the poor against the poor, making mental health consumers pay the price for the budget deadlock in Sacramento. Mental health services are designed to improve the lives of communities by minimizing the potential for homelessness and hospitalization. Prop. 1E, pitched as a two-year measure, leaves effective programs in the lurch, threatening resources in every neighborhood.

MHSA funds programs for youth and families affected by street and gang violence, queer youth showing early signs of mental health issues, and residents in supportive housing. One of its key accomplishments has been the expansion of resources designed to reach consumers in culturally appropriate ways, with an open process, allowing communities to design solutions to their own problems.

"After Prop. 63 was passed, people with untreated mental health needs saw a glimmer of hope," remarked James Keyes, who serves as a member of the San Francisco Mental Health Board. "In San Francisco alone, we were able to do workforce training, prevention, and housing retention among people with mental health concerns. These innovative programs might not be with us if Prop. 1E passes."

For whatever short-term savings Prop. 1E might provide, the long-term consequences are disastrous. The costs of untreated mental illnesses affect our public health system. Those who never get care, or who lose care, will likely find their jobs, housing, and relationships in peril, and will rely on the remaining (and much more expensive) threads of the social safety net.

Vote No on 1E and send a message to the state government that long-term budget solutions start with Prop. 63’s logic — progressive taxation on those with the most ability to pay. Letting the governor and the legislature cut essential survival services to balance the budget sets a horrible precedent. If voters let them get away with it, they will surely target poor people every time the budget is deadlocked. *

James Tracy works with Community Housing Partnership.

Blocking California’s sunshine: Proposed legislation would limit access to public information

4

By Rebecca Bowe

cloudy sky.jpg

The California Public Records Act guarantees the right to be able to request government documents that are part of the public record. But proposed legislation heard today by the Assembly Judiciary Committee would restrict access in certain cases. The bill, titled AB 520 and introduced by Assemblywoman Wilmer Amina Carter (D-Rialto), would authorize a superior court to limit the scope of requests a member of the public can make if the court determines that the requestor is seeking information for an “improper purpose.” The text of the bill leaves the definition of “improper” open-ended, specifying only that it is “including, but not limited to, the harassment of a public agency or its employees.”

The bill is still in the early stages, but sunshine advocates are watching closely and weighing in. Californians Aware (CalAware), the California Newspaper Publishers Association (CNPA), and the Freedom of Information Committee of the Society of Professional Journalists Northern California Chapter have all come out against it. Letters of opposition pointed out that even without this new restriction in place, government agencies are often slow to release public records. “Every audit performed by Californians Aware, the California First Amendment Coalition, or CNPA member newspapers such as the Contra Costa Times or Stockton Record, has shown abysmal compliance with the law,” CNPA noted in a letter to Assemblywoman Carter.

Others characterized the proposed rule as an erosion of the principles of open government that are embodied in the state constitution. “The ultimate principle arguing against AB 520 is that like the right of speech itself … the right to obtain information found in public records is so fundamental to informed democracy that certain expressions of that right, while they may be deplored as an excess of license, must be tolerated as a cost of liberty,” CalAware’s opposition letter reads.

In the context of a new presidential administration that has professed a commitment to government transparency, and even delivered on it, AB 520 looks like a giant step backward.

Slow down the solar project

0

EDITORIAL The concept is so good it’s hard to imagine why anyone would criticize it: the San Francisco Public Utilities Commission wants to cover the Sunset Reservoir with solar panels, creating the largest municipal solar generating project in the country. The money would come from existing SFPUC revenue — no new taxpayer dollars. The Sierra Club loves the idea, and Mayor Gavin Newsom is pushing it.

We agree that the reservoir is a perfect place for a solar project, and that the city ought to be pursuing this.

But the structure of the deal makes us uncomfortable — and the financing shows a serious flaw in how federal money for renewable energy is allocated.

Under the terms of the proposal, a private company, Recurrent Energy, would finance and build the plant at a cost of perhaps $40 million. The facility would have the capacity to generate 5 MW of electricity, enough to power 2,500 houses. The city, in turn, would agree to buy that power for the next 25 years, at about 23.5 cents per kilowatt hour — far more than the current market rate for electricity but less than what other cities have agreed to pay for long-term solar contracts.

The city would have an option to buy the plant from Recurrent after seven years for $33 million.

The good news is that this would be a public-power project — the city would own the electricity and could use it to power public buildings and eventually, once the community choice aggregation (CCA) system is running, could sell it as retail power to residents and businesses.

But Sups. Ross Mirkarimi and David Campos have asked the obvious question: Why is a private company even involved? Why can’t the city build the solar generating station itself? The CPUC’s answer: It’s cheaper to let Recurrent do the work — because the private outfit will get a $12 million tax break from the federal government.

That’s a serious problem — why is the Obama administration giving tax breaks for private projects that aren’t available to cities? "What we should be looking at is why San Francisco, with all its clout in Washington, can’t get that same sort of subsidy for a public project," Campos told us.

Or as Mirkarimi put it: "This only makes sense to me if there’s some guarantee that the city will actually buy the plant in seven years. Otherwise we’re going to look back at this in year 15 and realize it’s not such a good deal."

The city’s energy future is very much up in the air right now — CCA is on the cusp of viability, there’s still an active public-power movement, and it’s very hard to say what the city’s needs will be (or what the price of solar energy will be) 10 years from now, much less 25. So we’re very nervous about signing a contract of that length with a private company.

Yes, the Recurrent deal offers solar now — and that’s important. But the supervisors shouldn’t rush this through. At the very least, they should pass a resolution asking House Speaker Nancy Pelosi to seek to direct the same subsidies that private companies can get to public solar projects — and to delay a final vote on this until there’s a better analysis of why a private company should be given a long-term contract for what ought to be a public project. *

Don’t drill here

0

rebeccab@sfbg.com

GREEN CITY When U.S. Secretary of the Interior Ken Salazar looked out at a sea of faces during a San Francisco public hearing April 16, a band of activists dressed as polar bears, sea turtles, and other marine creatures stood out from the rest. Their message, also articulated by a host of federal and state-elected officials, was unequivocally clear: no new oil and gas drilling off the California coast.

Waving a thick document in the air, Salazar explained that he’d inherited a five-year plan from the Bush administration to award new leases for oil and gas drilling in the federally controlled outer continental shelf, which comprises some 1.7 billion underwater acres off the Atlantic and Pacific coasts, the Gulf of Mexico, and Alaska.

Rather than move the policy as planned, Salazar extended public comment for six months, met with stakeholders in each region, and placed greater emphasis on developing offshore renewable energy. The San Francisco public hearing was the last in a series of four that Salazar attended.

"One of the significant issues that is so important to President Obama is that we move forward with a new energy frontier," Salazar said. He advocated embracing offshore wind and other renewable alternatives as part of a "comprehensive energy plan going forward." Yet Salazar also indicated that future plans for the nation’s energy mix were "not to the exclusion of oil and gas," and mentioned that opportunities for "clean coal" technology should also be considered.

Under the five-year plan, three new leases are proposed off California’s coast — two in the south, and one in the Point Arena Basin, an underwater swath near Fort Bragg. Elected officials unanimously opposed any new offshore petroleum development. "Our state clearly is saying to you today, no," declared Sen. Barbara Boxer, chair of the Senate Environment and Public Works Committee. "Instead of putting our California coast and economy in jeopardy, we need to look at … green technology which will bring us new jobs."

Lt. Gov. John Garamendi sounded a similar note, saying the billions that would be invested in offshore oil could be put toward advancing clean energy. Rep. Lynn Woolsey (D-Petaluma) highlighted the risk of oil spills around the Point Arena Basin. "It could be turned from a wellspring of life into a death plume," she said. "This shimmering band of coast must be protected."

While nearly every testimony blasted new offshore oil development, the conversation brightened when Salazar asked for comments on renewable energy. According to estimates by the National Renewable Energy Laboratory, offshore wind in shallow areas could provide some 20 percent of the electricity needs of coastal states nationwide. Wave energy, while still under study, might one day generate enough electricity to power some 197 million homes per year, according to Department of the Interior estimates.

Most of the oil that could be extracted from the outer continental shelf would come from the Gulf of Mexico and Alaska, with some 10 billion barrels potentially available off the Pacific coast. Joe Sporano of the Western States Petroleum Association said offshore drilling could create jobs and limit dependence on foreign oil. Yet Boxer pointed out that, based on Energy Information Administration figures, drilling for oil across all areas would yield just 1 percent of the nation’s total oil consumption by 2030 — and it’s not believed to make a real difference in gas prices.

Richard Charter, government relations consultant with Defenders of Wildlife, seemed confident that California’s coast would be protected. "You have a new interior secretary for an administration that received California electoral votes … in a state that is pretty much single-minded in its position in terms of saving the coast," he said.

Charter’s optimism was helped by a recent federal appeals court ruling against the previous administration’s plan to award new offshore-drilling leases in the Arctic.

So now, "whatever Secretary Salazar does will have his own stamp on it," Charter said. "In each of these hearings, it’s become apparent that the Obama administration may be coming around to a new approach."

Public comment for the offshore leasing plan ends in late September. Salazar told reporters that he expects a decision by the end of the year.

The “tax day” defense

2

boasuspect.jpg
This surveillance photograph of the suspected bank robber is posted at the SFPD’s website.

The San Francisco Police Department has issued a description of a bank robbery suspect who threatened to blow up the Bank of America at 50 California Street, on April 15, aka tax day, if his demands weren’t met.

Carrying a black lap top case, the suspect, who is described as “a white male, 6’, 190 lbs., last seen wearing a
baseball cap with “SF” on it, a khaki buttoned shirt, and blue jeans,” allegedly “entered the
Bank of America on California Street, at approximately 12:50 P.M, and asked an employee to speak with the manager because he wanted to make a large withdrawal,” according to a SFPD press release.

The manager took him to a room, where the suspect allegedly “explained that he worked for an organization that is concerned about government bailouts of corporations.”

The suspect, who apparently was smiling throughout, then demanded cash, stating, that unless the manager complied, he would “detonate a bomb that he was carrying with him.”

The cash, the suspect explained, “would go to people who deserve it,” according to the SFPD.

The manager withdrew a large amount of cash from a vault and gave it to the suspect, who fled the bank on foot.

For more information–or if you have information for the police, call the SFPD’s Public Affairs Office at 415.553.1651.

Should prisoners have cell phones?

28

By Tim Redmond

The hottest contraband in prisons these days isn’t drugs or weapons. It’s cell phones. The California Department of Corrections is pushing for stiff criminal penalties for cell phone possession:

“Cell phone smuggling into California’s prisons is a very serious and growing problem. Public safety officials in prisons and prosecutors on the outside need additional tools to combat cell phone smuggling to inmates,” said Matthew Cate, CDCR Secretary. “Illegal cell phones are used to circumvent supervision of conversations, and can be used by inmates to orchestrate criminal activity, plan escapes, and be a menace outside of prison walls.

There’s state legislation. There are cell-phone-sniffing dogs (seriously, cell-phone-sniffing dogs). There’s a lot of press fuss, and almost all of it has focused on the possibility that crimes can be committed from inside prison wall with cell phones.

But let me suggest some other reasons why the CDC might be trying to ban these handy little devices. For one thing, forcing inmates to use incredibly expensive, overpriced pay phones is quite lucrative for private vendors and state and local government. Inmates who have cell phones can call home without forcing their loved ones to pay huge collect-call charges.

I called the CDC today to ask if revenue has dropped since cell phones started showing up in prisons, and spokesperson Gordon Hinckle said he’d get back to me if that information was something the notoriously secretive agency might be willing to release. Of course, he said, “By no means is that any reason why we’re trying to crack down on this.”

And then there’s the fact that cell phones have cameras.

Imagine if the routine prison-guard misconduct — the beatings, the abuse, the violence — that goes on in state prisons could be captured by inmates and sent to the outside world. Imagine if the next Oscar Grant turned out to be a prison inmate, say, someone denied medical care or beaten near death by the authorities.

You think the wardens and the prison guards’ union wants any chance of that ever happening?

I get the point about the crimes and the potential for problems. But I also think there are plenty of inmate who are just serving their time and aren’t parts of gangs and aren’t plotting assassinations and who might have slightly better lives if they were allowed to communicate more cheaply and freely with the outside world.

Shades of green

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sarah@sfbg.com

When President Barack Obama signed the American Reinvestment and Recovery Act in mid-February, folks across the country were hopeful that the $787 billion stimulus package would help preserve and create decent jobs in their communities.

And in mid-March, when the Obama administration announced that Bay Area social justice activist Van Jones was joining the White House Council on Environmental Quality, advocates for green jobs took it as a sign that Obama shares Jones’ belief that we can fix our nation’s two biggest problems — excessive greenhouse gas production and not enough good jobs for the working class — by creating a green-collar economy.

Jones cofounded Oakland’s Ella Baker Center for Human Rights, which opposes police abuse and promotes alternatives to incarceration, and founded Oakland’s Green for All, which aims to create green-collar jobs in low-income communities. He defines a green-collar job as "a family-supporting, career-track job that directly contributes to preserving or enhancing environmental quality."

"Think of them as the 2.0 version of old-fashioned blue-collar jobs, upgraded to respect the Earth and meet the environmental challenges of today," Jones wrote in his New York Times bestseller The Green Collar Economy: How One Solution Can Fix Our Two Biggest Problems (HarperOne, 2008).

But is Jones’ definition codified into Obama’s Recovery Act? And in San Francisco, where Mayor Gavin Newsom speaks incessantly about green jobs and regularly praises Jones, will the jobs we create be for the people who need them most? And how will that play out in a city where blacks, Latinos and Asians experience higher unemployment, poverty, and incarceration rates than whites, and building construction has stalled, pitting skilled union workers against training program graduates?

Last month, an alliance of community and worker organizations from San Francisco’s working class neighborhoods sent a letter to Newsom outlining concerns about the Recovery Act’s equity, job quality, and transparency requirements.

Antonio Diaz of PODER (People Organizing to Demand Environmental and Economic Rights), Alex Tom of the Chinese Progressive Association, Steve Williams of POWER (People Organized to Win Employment Rights), and Terry Valen of the Filipino Community Center asked Newsom to ensure that ARRA funds would be used to create "green jobs and opportunities primarily for low-income people and people of color" and "high quality jobs with family-supporting wages and benefits, safe and healthy working conditions, and career ladders."

"We ask for your commitment to greater transparency and community input in shaping and monitoring the infusion of ARRA funds for San Francisco’s developing green collar economy," they wrote.

Two weeks later Newsom announced the launching of www.recoverysf.org, a Web site that seeks to track stimpack funds coming to San Francisco. Although the Web site shows that $150 million of the first quarter-billion of formula funding is headed toward infrastructure projects, it does not include estimates of the numbers of green jobs created.

Wade Crowfoot of the Mayor’s Office told the Guardian that the city is focused on ensuring that green jobs are created with these funds and that the City Attorney’s Office is figuring out what is "allowable" under Recovery Act’s guidelines.

On April 3, the U.S. Office of Management and Budget issued a 172-page memo outlining the Recovery Act’s policy goals. The goals included ensuring compliance with equal opportunity laws and principles, promoting local hiring, providing maximum practicable opportunities for small business and equal opportunities for disadvantaged business, encouraging sound labor practices, and engaging with community-based organizations.

"But will all cities include achievable, measurable requirements?" Crowfoot said. "I don’t think so, without federal guidelines."

This lack of specifics, Crowfoot says, has the City Attorney figuring out if San Francisco can include "first source" hiring requirements, in which hiring halls agree to interview graduates from local training programs first. If so, Crowfoot says, the city will seek to leverage existing funding for energy efficiency programs and conduct hire-locally campaigns in low-income communities.

But as Crowfoot notes, although we know that $1.5 million in ARRA funding is coming to San Francisco for weatherizing homes — helping to decrease the energy costs of low-income residents, reduce the city’s energy demands, and increase the number of people hired from the local community to do energy audits and retrofits — we still don’t know how many jobs will be created per project, which is the basic goal of economic stimulation.

"If we spend the dollars, say, on boiler replacement, that’s more equipment and less labor," Crowfoot said. "But the more you hire locally, the more those folks get experience, the more they’ll be well positioned to get jobs in the non-subsidized sector once the stimulus funds are gone."

Acknowledging the tension between laid-off union workers and graduates of apprentice training programs, Crowfoot said, "We are trying to figure out a balance, whereby the community is not shut out, but the unions’ needs are addressed. We want to be careful about how many jobs we say are going to be created. We don’t want to build hope in populations who already have a lot of mistrust in the government."

Michael Theriault, secretary and treasurer of the San Francisco Building and Construction Trades Council, told us that 25 percent of the region’s 16,000 building trades workers are out of work, compared to nearly full employment last year.

In the past, the Northern California Carpenters Regional Council provided CityBuild with instructors and took the lion’s share of the program graduates, Theriault explains. But under present conditions, the Council isn’t keen on another CityBuild cycle.

"I think they should work to sponsor another cycle, but the ball is also in the city’s court," Theriault said, noting that the ARRA-funded weatherization program could soon be offering prevailing union wages ($20 an hour for roofers, $40 to $50 for plumbers and electricians) that could help ease the tension. And then there’s the inconvenient truth that some union members view non-unionized solar panel installers as "scabs," creating another barrier to using green jobs to lift the underemployed.

Mayor Newsom has until June to secure and implement stimpack funding as part of upcoming local budget proposals, a timetable that has Green for All issuing a call for action to ensure that Recovery Act implementation creates green-collar jobs, ensures transparency and accountability, and supports pathways out of poverty.

"This may be the most important opportunity you’ll ever have to bring green-collar jobs to your community," Green For All wrote in a public statement. "But the planning process will be over in the blink of an eye, and your community could miss out. That’s why we’re calling on you to take action now."

Green for All field organizer Julian Mocine-McQueen is scheduled to sit down with Crowfoot this week in an effort to get Newsom to sign his group’s pledge. He said there’s been an expansion of the city’s lighting and refrigeration cooling retrofitting program, starting with small business owners who speak English as a second language. "It’s good," McQueen said. "But it’s not enough."

He believes green job success will depend, in part, on including hiring parameters. "A job in the city’s southeast sector may not pay $70,000 a year, but it would be a huge step toward creating a family-sustaining job," McQueen said, noting that the Obama administration has "to a certain extent" adopted Jones’ definition of green-collar jobs. "I’m not sure that they have codified it," McQueen said. "They have recommendations."

Asked to define green jobs during a recent media roundtable on projected budget deficits, Newsom talked about weatherization and sustainability and plans to expand the city’s training academies before handing the floor to the Office of Economic and Workforce Development’s Kyri McClellan, whom he described as his "green czarina."

McClellan, who describes herself as "the lead cat-herder" of Recovery Act funds, told reporters that San Francisco is expected to receive a quarter of a billion dollars in formula funds in the coming fiscal year, 95 percent of which have been allocated to "shovel-ready" projects that were already queued up under the city’s 10-year capital plan.

During a subsequent board committee hearing, McClellan shared job estimates — 30 jobs from the $11 million Department of Public Works street paving allocation and 250 jobs from the $18 million Housing Authority retrofitting allocation — that raised eyebrows.

McClellan said that OEWD is "moving as quickly as possible to take the dollars we’ve been allocated, get approval from the Board of Supervisors, and get programs up and running."

Observing that the city also has parallel funding for training programs such as CityBuild and a Green Academy, McClellan added that "no one is working harder than Rhonda Simmons." Reached by phone, OEWD’s Simmons said she has been working with San Francisco State University professor Raquel Pinderhughes to identify five job sectors that have "the capacity to grow the greatest number of green jobs."

These include solar installation, energy efficiency, landscaping/public greening, recycling, and green building. "In an economy like this, you have to be competitive," Simmons said. "And almost all the programs that come out of my shop are geared toward low-income to moderate-income folks."

Observing that OEWD is using a $238,000 federal earmark to seed a Green Academy and that will expand the GoSolarSF workforce incentive, compete for a $500,000 EPA brownfield cleanup training grant, and coordinate with the San Francisco Public Utilities Commission to develop "workforce incentive language" for biodiesel reuse program and energy efficiency projects, Simmons notes that it was the unions that helped create CityBuild in the first place, and the city is working to ease current concerns.

"It is our intent as OEWD designs the academy that any training programs must demonstrate that they train individuals for occupations with opportunity for upward mobility," Simmons said, after emerging from a meeting cochaired by Crowfoot and Pinderhughes to help community-based organizations understand green jobs and figure out how to link with the Green Jobs Corps that Pinderhughes set up in Oakland.

Eric Smith runs the Bayview-based Green Depot, a nonprofit that promotes biodiesel use in neighborhoods facing environmental justice issues and ran a $9,000-per intern pilot program with Global Exchange. He worries that administrative costs will chew up much of the stimulus money, citing SFPUC figures that the cost ratio for trainers to interns is about 3:1.

"There is a lot of concern in the Bayview that the money will end up going to consultants and administrators when we have people who are hungry and desperate to work," Smith said.

After two green jobs hearings, Sup. Eric Mar says that he and Sups. Sophie Maxwell and David Chiu have concluded "that unless the board takes action and gives clear guidelines and expectations, green collar job creation will be miniscule."
Noting that Oakland’s Green Job Corps and Richmond’s solar program seem years ahead of San Francisco’s efforts, Mar said his next step will be to talk with labor, environmental groups, businesses, and nonprofits to get a sense of an appropriate structure to prioritize the low-income communities as the main beneficiaries of green-collar job creation. "It’s pretty clear that the [Newsom] administration’s commitment to the numbers of jobs created is pretty small," Mar said. "The community is going to have to push for more."

Energy deficiency

0

More in this issue:

>>Fed money for green jobs?

>>Green living resource guide

rebeccab@sfbg.com

As the window of opportunity for averting the worst-case global warming scenarios narrows, wise use of energy seems increasingly urgent. So millions of dollars in state and federal funding and significant contributions from utility customers are devoted each year to improving energy efficiency in California.

It’s a crucial program designed to reduce consumption and planet-damaging emissions and eliminate the need for new fossil-fuel burning power plants. Yet the state’s energy-efficiency programs are often run by investor-owned utility companies, such as Pacific Gas & Electric, that have been missing efficiency targets yet demanding ever more public money anyway.

Critics say the programs would yield more energy savings on the dollar if local governments or nonprofits were in charge. The utilities have not only fought to maintain control of these programs, they’re now seeking even more taxpayer money by trying to claim federal economic stimulus funds.

Meanwhile, the San Francisco Public Utilities Commission is engaged in a long, slow process of rolling out an ambitious community choice aggregation (CCA) program, Clean Power SF, which would utilize 50 percent renewable energy and promote green technologies in the city.

While state law guarantees that energy-efficiency funding generated by San Franciscans could be funneled into Clean Power SF, it isn’t likely to happen without a fight from the state’s most powerful utility.

AN ‘A’ FOR EFFORT


Although PG&E and other utilities are entrusted with millions in ratepayers’ money to promote energy efficiency, independent analysis demonstrates that they’ve had limited success. But last December, they garnered rich rewards anyway, at ratepayers’ expense.

In 2007, the California Public Utilities Commission adopted a system to encourage utilities to strive for high energy efficiency standards. Utilities could receive hearty payouts for achieving a certain threshold of energy savings, the commission decided. Conversely, if the companies failed miserably, they’d be slapped with penalty fees. Rather than take the utilities’ word for it, the CPUC directed its Energy Division to inspect the companies’ energy efficiency program performance and report on it each year.

About a third of the funding for these programs is amassed with a mandatory fee on every ratepayer’s monthly energy bill, called the Public Goods Charge. This is combined with a second pot of ratepayer money and collected by utilities to fund initiatives such as rebates, light-bulb discounts, energy retrofits, and consumer-education drives. The program budget for all the utilities from 2006 through 2008 was around $2 billion. For the 2009 to 2011 program, the utilities are collectively seeking closer to $4 billion.

Last December, based on the utilities’ own claims that they’d hit the targets for the 2006 — 2007 program, the CPUC handed over nearly $82 million in incentive payments — with some $41 million going to PG&E. The commission accepted the utilities’ claims because the Energy Division’s verification report was behind schedule, and the utilities argued that this delay would postpone their payments and thus undermine the whole incentive.

At the same time, the commission noted, "We have profound concerns that accepting the [utilities’] proposal … would subject ratepayers to significant risk of overpayment." In an attempt to strike a balance, the CPUC voted to award $82 million rather than the $152.7 million that the utilities claimed they were owed.

But the independent report, which was finally released two months later, concluded that PG&E and two other utilities shouldn’t have been entitled to any incentive payments at all. Based on this analysis, they’d missed the targets.

The move drew criticism from groups like The Utilities Reform Network (TURN), Women’s Energy Matters, and the California Public Utilities Commission’s Division of Ratepayer Advocates, which charged that investor-owned utilities are more concerned about the payouts they receive for running these programs than maximizing energy savings.

"They didn’t seem troubled by the fact that they hadn’t met the goals. They were only troubled by the fact that they weren’t going to get the financial reward," said Mindy Spatt, communications director for the Utility Reform Network (TURN). "I suppose there’s a message in there about just how seriously they take energy efficiency."

Loretta Lynch, a former CPUC commissioner, told the Guardian that she’d been watching the proceedings closely. "They had already promised Wall Street they were going to get this money, and so they had to meet Wall Street’s expectations regardless of whether or not they met the technical requirements of the program," Lynch said.

The CPUC’s Division of Ratepayer Advocates opposed the decision to award the incentive money. "[The utilities] are being rewarded for something they say they’ve done, but that independent analysis shows they just didn’t do," DRA Regulatory Analyst Thomas Roberts told the Guardian. "It’s like rewarding a student for getting a D."

Part of the problem is that PG&E’s program relied heavily on giving away compact-fluorescent light bulbs, and then the utility inflated estimates for how much energy savings they would provide and how long they would last. In other words, CFLs are a good first step to energy conservation, but not enough to make the greatest strides in reducing demand.

Roberts also said PG&E often delivered the bulbs to what he called "free riders," or people who would’ve made the switch on their own. TURN once discovered a box of light bulbs posted on eBay by some crafty entrepreneurs who had purchased them at a discount, courtesy of PG&E. At that point, the bulbs could have wound up anywhere in the country, Spatt points out, instead of reducing electricity demand in California.

"There is no clear connection that we are not building new power plants due to energy efficiency programs," said Cheryl Cox, senior policy analyst and project manager for energy efficiency at the CPUC’s Division of Ratepayer Advocates. "And we do not appear to be on track to achieve long-term, persistent energy savings. Given the dependence of energy efficiency portfolios on short-term savings like lighting, it appears that the utilities would have to spend additional dollars to play catch-up — yet they persist on proposing the same old, non-progressive, CFL programs."

WHO’S IN CHARGE OF YOUR SURCHARGE?


For some, the incentive payouts provided new fuel for a longstanding argument that utilities shouldn’t be in charge of administering state-mandated energy efficiency programs in the first place. Barbara George, executive director of Women’s Energy Matters, points out that states with financially disinterested third parties managing energy efficiency measures tend to be more careful with the money they’re granted, resulting in more energy savings per dollar.

She points to a report completed by analyst Richard Estevez, which ranked 37 statewide energy efficiency programs by cost-effectiveness. "Non-utility implemented programs make up 18 out of the top 20 rankings; utility-implemented programs make up 15 out of the 17 poorest rankings," that report concludes.

Under the current system, "PG&E makes a profit on every dollar," says Lynch. "In addition, all of PG&E’s costs are covered. Then, of course, all the subcontractors’ costs are covered too, so it gets down to only 50 or 60 cents of every dollar that is actually going into programs. The rest of the money is going into PG&E’s profit, PG&E’s overhead, and the subcontractors’ overhead. Not surprisingly, if you’re a nonprofit or a government, you’re doing that service directly at no profit and lower administrative costs."

Paul Fenn, a consultant to Clean Power SF, sounds a similar note. In his view, PG&E "doesn’t want to reduce energy consumption. Why? Because every year, they go to their shareholders and they predict next year’s load growth. That’s their business. They burn gas, and they sell power. They’re a gas and electric company. The idea that a gas and electric company could be adequately incented to reduce their sales is naïve."

Fenn is the founder of Local Power, Inc. and the author of Assembly Bill 117 — a state bill passed in 2002 under the sponsorship of then-Assembly Member Carole Migden that allows municipalities to set up community choice aggregation programs. Local Power has been a key player in San Francisco’s own embryonic CCA.

AB 117 also gave cities the option to gain control of Public Goods Charge funds generated by their own ratepayers. In SF, that would mean funneling roughly $18 million annually into Clean Power SF’s energy efficiency budget.

Sup. Ross Mirkarimi, who chairs a committee overseeing the CCA implementation, told the Guardian he supports the idea. But he warned that the city probably wouldn’t be able to wrest the funding away from PG&E without a fight. "It’s completely appropriate for city government to be in charge of those funds," he says. "PG&E shouldn’t be in the driver’s seat with all that money anyway."

San Francisco is already hailed as a green city, but Clean Power SF, which has renewable energy as its centerpiece, would set a new standard for what cities can do to address climate change. The plan calls for 50 percent renewable energy, compared with PG&E’s energy mix of 11 to 12 percent renewable power. The SFPUC is slated to present CCA program plans to the state next year.

SFPUC’s Michael Campbell, the CCA program director, rejects the idea of going after Public Goods Charge funds just yet. "It’s premature to do that now," Campbell says. "About one-third of the energy efficiency dollars that PG&E collects … come from Public Goods Charge, and the other two-thirds are charges associated with procurement portions of customers’ bills. If a CCA were formed … to have an equal amount of dollars, we would need to have additional charges to CCA customers that would be associated with the energy portion of their bill."

Yet Fenn said applying to administer those funds is long overdue. Not knowing whether that $18 million is in place every year could derail the CCA bidding process, Fenn argues, since it would be difficult for prospective power suppliers to draft a plan if they lack clarity on the program budget.

The other problem, Fenn said, is that without the energy-efficiency funds, it would be harder for the city’s CCA to get its rates down low enough to compete with PG&E. Given the CCA is required to beat PG&E rates, it could make or break the success of the project.

"Energy efficiency is the cheapest resource," Fenn said. "It helps the economic feasibility of the portfolio by creating surplus revenue. If you’re just doing green supply, and not green load reduction, it’s going to be really hard not to pay more than PG&E."

BROUGHT TO YOU BY PG&E


While Clean Power SF lags, energy efficiency programs are percoutf8g throughout the city — usually touted by Mayor Gavin Newsom and funded through public-private partnerships with PG&E.

In a recent post on TriplePundit.com, Newsom announced the creation of an Existing Buildings Efficiency Task Force — composed of landlords, developers, PG&E, and other downtown interests — tasked with greening buildings and creating green jobs.

"The Task Force builds upon a great deal of work we’re doing already — taking full advantage of the $7 [million] to $11 million provided in energy efficiency block grants by the federal stimulus, leveraging our ongoing … partnership with PG&E, and working with private partners to create a San Francisco Clean Energy Fund," Newsom wrote.

A recent initiative to install energy efficient streetlights in the Tenderloin is the result of another PG&E partnership. While there’s no doubt that these programs will have positive results, they also serve to further entrench PG&E into citywide green initiatives, which render it more difficult for Clean Power SF to gain footing further down the road.

With federal stimulus money flowing into state coffers, the utilities are back at the table, recommending to the CPUC that some of the federal funding go into their existing energy-efficiency programs. "We believe that the Recovery Act or ARRA funds should work in conjunction with [investor-owned utility] programs to minimize potential customer confusion and leverage the success we have had with the programs," Marc Gaines, a representative for the state’s four investor-owned utilities, said during a recent All-Party CPUC meeting to discuss the stimulus funds. "Rather than competing with the programs, we would like to use ARRA funding to supplement existing energy efficiency [and other] programs."

Not so fast, countered George, who stood up to speak during the meeting. "We have to worry about if these funds are commingled with current programs, are the utilities going to rake off profits?" she wondered. "These funds need to be used for authorized purposes, and not for fraud, waste, error, and abuse. The energy efficiency programs have been used to fight public power and community choice efforts. The competition is brutal when it comes to the utilities."