Governor

Muni reform that might actually work

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EDITORIAL The 2007 ballot measure that was supposed to give Muni more political independence and more money has failed to provide either. It’s time to say that Proposition A, which we supported, hasn’t worked — in significant part because the administration of Mayor Gavin Newsom hasn’t allowed it to work. It’s time for a new reform effort, one that looks at Muni’s governance structure, funding, and the way it spends money.

There are several proposals in the works. Sup. David Campos has asked for a management audit of the Municipal Transportation Agency, which runs Muni, and that’s likely to show some shoddy oversight practices and hugely wasteful overtime spending. Sup. Sean Elsbernd wants to change the way Muni workers get paid, and Sups. Ross Mirkarimi and David Chiu are talking about changing the way the MTA board is appointed. There are merits to all the reform plans, but in the end, none of them will work if they don’t address the fundamental fact that Muni doesn’t have enough money to provide the level of transit service San Francisco needs.

The basic outlines of what a progressive Muni reform measure would look like are pretty obvious. It ought to include three basic principles: work-rule and overtime reform; a change in the way other departments, particularly the police, charge Muni for work orders — and a sizable new source of revenue.

The work orders are, in many ways, the easiest issue. Last year, the San Francisco Police Department charged Muni more than $12 million in work orders. For what? Well, for doing what the Police Department gets paid to do anyway: patrolling Muni garages, putting cops on the buses, and dealing with Muni-related traffic issues. And a lot of that $12 million is police overtime.

The labor and revenue issues are trickier — mostly because they’re being addressed separately. Elsbernd, for example, wants to Muni workers to engage in the same collective bargaining that other city unions do, which makes a certain amount of sense. But he’s wrong to make it appear that the union and the workers are the major source of Muni’s financial problems — and that approach won’t get far. The bus drivers and mechanics didn’t make millions on large commercial developments that put a huge strain on the transit system — and the developers who profit from having bus service for the occupants of their buildings have never paid their fair share. Nor is it the fault of the union that car traffic downtown clogs the streets and makes it hard for buses to run on time.

We agree that the transit union needs to come to the table and talk, seriously, about work-rule changes. Every other city union, particularly SEIU Local 1021, whose members are among the lowest-paid workers in the city, has given something up to help the city’s budget problems.

But any attempt to change Muni’s labor contract needs to be paired with a serious new revenue program aimed at putting the transit system on a stronger financial footing — and traffic management plans that give buses an advantage over cars. The city can add a modest fee on car owners now, and if a Democratic governor wins in November, it’s likely that state Sen. Mark Leno’s bill to allow a local car tax will become law. That’s part of the solution, as is expanded parking meter hours. (And someone needs to talk about charging churchgoers for parking in the middle of the streets on Sundays.) But Muni also needs a regular stream of income from fees on developers.

And a seven-member MTA appointed entirely by the mayor does nothing for political independence; at the very least, the supervisors should get three of the appointments.

The city badly needs Muni reform — and the elements are all in place. But it can’t be a piecemeal approach.

Ammiano property tax bill passes key committee

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A bill by Assemblymember Tom Ammiano that would have a huge impact on the state’s budget and close a serious loophole in Prop. 13 cleared the Revenue and Taxation Committee today. AB 2492 won approval on a strict party-line 6-3 vote, with every Democrat in favor and every Republican opposed.


The measure is brilliant: It doesn’t undo Prop. 13 (which a lot of us would love to see, but is politically almost impossible). Instead, it simply defines property transfer in a way that forces commercial property owners to play by the same rules as everyone else.


It would bring in billions for the state — and has a great political twist. Homeowners, for better or for worse, are a powerful voting bloc — and although there hasn’t been much talk about it, over the years, residential property has had to shoulder more and more of the total tax burden. So if Ammiano can keep this debate alive, those more conservative homeowners who would never accept a change in Prop. 13 that might undermine their precious tax break might slowly come to realize that the law, as it’s written, is screwing them. (It’s particularly screwing people who brought property at the height of the boom, and are paying taxes far higher than their neighbors who bought a few years earlier.)


Ammiano told me he was encourged by the vote. The bill now goes to Appropriations, which shouldn’t be a problem since it won’t cost the state anything. And in a few weeks, it will be on the Assembly floor.


I don’t expect this governor to sign it, but if he vetos, it could be a great campaign issue — the Republicans are on the side of big landlords — and against homeowners.


By the way, our old pal Matt Smith at SF Weekly decided to take a swipe at me and the Guardian for our support for AB 2492, arguing that somehow it would benefit those of us who own homes. It’s a refrain I’ve heard from Smith before, and in the caption on his blog picture he talks about “getting in the game early and pulling up the ladder behind you.” I guess that’s about my opposition to more condos for millionaires, which has nothing to do with anything and no basis in reality. Building market-rate housing isn’t going to do anything to help middle-class people (and I assume Matt Smith falls in that category) buy homes in San Francisco.


The point of his blog is that we’re somehow pushing to protect our privileged position under Prop. 13. But anyone who knows me (and reads the Guardian) knows that’s nuts: I have long advocated the complete repeal of Prop. 13, and I’m one of the few people in town who wants higher taxes on myself. Besides, the Guardian’s owners, Bruce Brugmann and Jean Dibble, also own the commerical office building where we do business. So anything that could raise taxes on commerical landlords would directly affect the paper –and we still support it.


I called Smith today to give him a hard time about his item; you can accuse me of a lot of things, and attack my political positions (that’s easy; there are a lot of them, and some are pretty far out there). But don’t say I want to preserve my own (relatively) low property taxes, because that’s demonstrably wrong.


I’ll give Smith credit — he listened to me and reported my comments. But we could have avoided all of this if he’d just called me first.

SFBG Radio: Johnny and Tim on immigration politics

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Today, the always calm, moderate and soft-spoken Johnny Angel Wendell talks to Tim Redmond about how the insanity of immigration politics in Arizona is going to impact the races for governor and senate in California. You can listen after the jump.

sfbg radio 5/11/2010 by SFBG

Will Arizona trigger even worse federal immigration laws?

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During interviews with civil and immigrant rights advocates about the complicated dynamics around immigration, several expressed concern that Arizona won’t be the ultimate game changer. Instead, they worried that it could result in the creation of an even worse federal immigration system.  And President Barack Obama, who has been accused of not doing enough to push ahead with federal immigration reform since he came into office, came under renewed fire last week, when he told reporters that “may not be an appetite” in Congress to deal with immigration, after a tough legislative year.

At the time, Obama had already denounced the Arizona bill as “misguided” and outlined a series of steps that he believes needs to happen to bring millions of undocumented residents out of the shadows.

“We are a nation of immigrants,” Obama said. “But we are also a nation of laws. The truth is that 11 or 12 million folks, we’re gonna have to make them take responsibility for what they did. And the way to do that is to make them register, make them pay a fine, make them learn English, make them take responsibility for the fact that they broke the law.”

But when the president praised as “an important first step” an April 29 framework for reform that Sen. Charles Schumer and a handful of other Democratic senators put together within a week of SB 1070’s passage, civil rights advocates voiced concerns.

The Democratic senators proposal includes efforts to enhance border security and create fraud-resistant social security cards. But some immigrant advocates fear such steps will lead to a less democratic society, without addressing the underpinning causes of undocumented immigration such as international trade agreements and the appetite of U.S. employers for cheap, but legally unprotected and easily disposable, migrant workers.

Latino advocate Robert Lovato, who co-founded presente.org and led the successful “Basta Dobbs!” campaign, isn’t convinced that SB 1070 will be the ultimate game changer.

“SB 1070 gives a national platform to the kind of sinister policies that extremist hate groups like FAIR and the Minute Men have been pushing for some time in Arizona,” he warned. “Those policies that have been in effect at the border are now going statewide and perhaps nationally.”

“The Obama administration has expressed brief and tepid concerns but has not done anything to demolish the legal foundation on which these racist policies are built,” Lovato continued.

Lovato points to the Bush administration’s flawed Section 287(g) program, which authorizes local and state law enforcement officials to be enforcers of federal immigration law, and has led to serious civil rights abuses and public safety concerns.

‘Now Obama and the Democrats are going to try and pin the tail of failure for federal immigration reform on the Republicans, ” Lovato claimed, criticizing, amongst other things, the Democrats’ national I.D. card program proposal.

Lovato believes the immigrant rights community and Latinos will rise to the occasion and face “unprecedented sinister hate.”
But he is less confident in spineless Democratic officials.
‘Immigration is a thorny issue, especially for spineless Democrats,” Lovato said. “That Mayor Gavin Newsom would waffle and water down boycott attempts is no surprise.”

Lovato recalled how national Latino organizations begged and pleaded with Newsom not to require local probation officers to refer youth to U.S. Immigration and Customs Enforcement (ICE) before they had their day in court, a policy Newsom ordered in July 2008, when he was running for governor.
Lovato said Newsom’s subsequent failure to respond to the community and their concerns “reflects an utter lack of leadership.”

Meanwhile, the American Civil Liberties Union is urging senators to press Department of Homeland Security secretary Janet Napolitano to terminate the 287(g) programs, and to make sure that lawmakers don’t acquiesce on civil liberties and privacy concerns in their rush to respond to demands for comprehensive immigration reform.

ACLU legislative counsel Joanne Lin told the Guardian that while Northern California does not have any official 287(g) agreements in place, Newsom’s flawed juvenile immigrant policy is part of a bigger and equally worrisome trend.

“The city’s sanctuary ordinance collapses criminal justice and the law enforcement system into one process,” Lin said. “And if we look at the federal Secure Communities Initiative that is now in over 100 jails, primarily those in southwest border districts, everyone is fingerprinted and run through a DHS and FBI database. It’s basically a way for DHS to i.d. everyone who is booked, whether they are here lawfully or their charges as are subsequently dropped or dismissed, and to fast track deportation.”

Editor’s Notes

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Tredmond@sfbg.com

I’m glad to see Mayor Gavin Newsom finally opposing the anti-immigrant bill in Arizona, and maybe, kinda, sorta, being willing to support some sort of boycott. He’s right that the Arizona law practically mandates racial profiling; he’s also right that it’s an utterly inappropriate way to address immigration and crime issues.

The problem is that the Arizona policy is awfully close to what Newsom has implemented in his own city.

As Angela Chan, staff attorney at the Asian Law Caucus, points out in an opinion piece at sfbg.com, the mayor’s policy — which mandates that juvenile probation officers report young people to federal immigration authorities if they suspect the youth may not be in the country legally — also pretty much mandates racial profiling. It also tears apart families. And makes no sense.

It’s easy to criticize a state like Arizona, run by right-wing nuts who follow the lead of nativist bigots. And that’s fine; I’m on board. But let’s not forget what’s happening right here in San Francisco, where the Democratic mayor is taking the same essential policy approach as the Republican governor of the Grand Canyon State.

Whitman and Goldman should be rich fodder for Democrats

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Democrats are now benefiting from the confluence of the public’s outrage over reckless self-dealing on Wall Street, debate over a Democratic bill to regulate such casino-style financial practices, and prosecution of Goldman Sachs for profiting from an economic collapse it helped cause. But the bigger question is whether top Democrats are willing to make the sustained case that it’s the rich who have screwed over the vast majority of Americans, and it’s time to recover that plundered wealth to deal with pressing problems like poverty, global warming, and infrastructure needs.

Central to that question is Meg Whitman, the Republican gubernatorial candidate who should be a poster child for a campaign against the predatory rich, whose increasing wealth has come at the expense of the working class and public institutions. As the Sacramento Bee reports today, Whitman is a former Goldman Sachs board member who profited from insider trading deals that are now illegal. And now she’s using her ridiculously over-inflated net worth to try to buy the governor’s office with unprecedented spending, something that should profoundly offend our basic democratic values.

Presumptive Democratic gubernatorial nominee Jerry Brown and some union officials have tried to highlight Whitman’s extensive Wall Street connections, but Brown has been way too tepid. Maybe that’s because he has his own Goldman Sachs ties, as the Los Angeles Times reported this week, although they pale in comparison to Whitman’s, which continue to this day and help pay for her takeover of California airways with her deceptive yet poll-tested propaganda.

As we wrote in our endorsement of Brown this week, it’s frustrating that Brown has been so unwilling to go after the rich, whether it be raising income taxes on millionaires (who have weathered the Great Recession far better than working stiffs) or letting commercial property be assessed at fair market value (since Prop. 13 passed, corporations that used to pay about two-thirds of the property taxes in California now pay about one-third, with individual property owners now paying two-thirds).

This is fertile ground for some long-overdue class warfare on behalf of the vast majority of people whose livelihoods have been threatened by the greedy, self-dealing rich. Anger at Wall Street for destroying the economy and then being bailed out by the federal government cuts across traditional ideological lines. It is felt by progressives, by conservative members of the Tea Party movement, and even by many political moderates.

At this point, few people trust the Democratic Party to lead the way toward a real accounting for the financial collapse, a recovery of the money from those who profited from the disaster, and an application of that money toward the most pressing public problems.

That’s a shame, but it’s also a real opportunity for a Democrat-led populist movement that unites disaffected factions on the left and right. After all, the problem only lies with about the richest 5 percent of Americans, those who have used elaborate financial ruses and tax shelters to hoard the wealth this country needs, even as the rest of us have lost financial ground. If there is any real democracy left in this country, it shouldn’t be that difficult for 95 percent of Americans to act in their own best interests.

After all, just this afternoon, even the most stubborn Republican leaders relented on allowing debate on the Democrats’ financial regulatory legislation, bowing to the very political pressures that I’m talking about. But if the Democrats want to try to regain their status as the party of the people, and begin to finally deal with this country’s long-neglected needs, they’ll need to see this as just the first small step down a path they should have taken decades ago.

Reading the tea leaves in the Arizona Governor race

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A newly released survey of the AZ governor’s race at Public Policy Polling shows a tight race, with Attorney General Terry Goddard, a Democrat, leading all the GOP candidates, including current Arizona governor Jan Brewer, who just signed the state’s racist immigration bill, and Sheriff Joe Arpaio, who has been treating undocumented Mexicans like animals for years.


 “The remainder of the race could hinge on the popularity of the controversial new immigration law which Brewer signed, Goddard opposes, and Arpaio, naturally, has lauded,” said Dean Debnam, President of Public Policy Polling. “Brewer and Arpaio could both beat Goddard if they rally illegal immigration opponents.”

According to Public Policy Polling’s analysis, Brewer’s handling of the immigration bill gave her a much needed boost among Republicans in her quest to snatch the GOP gubernatorial nomination from Arpaio and other Republican candidates. But Democrats and Latinos are now flocking to Goddard in droves, as calls for a nationwide boycott of Arizona grow.

ENDORSEMENTS: Judicial races

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SUPERIOR COURT JUDGE, SEAT 6


LINDA COLFAX


It’s rare to see an open seat on the Superior Court; judges typically retire midterm and allow the governor to appoint their replacement. And with a Republican governor, the more progressive Democrats have had a hard time getting even close to judicial appointments. Four highly qualified candidates are seeking this seat, and all of them make good cases for election.


Since judicial candidates can’t take stands on most political issues or indicate how they might rule on cases, it’s hard to get a sense of where the candidates stand. But they can talk about their backgrounds and experience — and about how the local courts are run. For example, the Superior Court is managed on a day-to-day basis by a presiding judge, elected by the sitting judges on the San Francisco bench. But those elections are secret; nobody except the judges know who the candidates were; who voted for which one; or what the final tally was. Court administration is done in closed meetings. Most of what happens in the courts is public — but there’s no presumption of cameras in the courtrooms to give the public access to the justice system.


Our choices for judge reflect our interest in a diverse judiciary, judges who have both professional and personal experience that will shape fair decisions — and jurists who believe in open government, including open courts.


Our choice for Seat 6 is Linda Colfax, a deputy public defender with a background in community service (she’s been an ACLU board member) and progressive politics. Like all four candidates, she has impressive legal credentials and trial experience. She also strongly supports sunshine in the courts and told us she would allow the press and public into judges’ meetings when appropriate, supports cameras in the courtrooms (except for cases where a witness or crime victim has to be protected), and efforts to make the courts work more efficiently.


Robert Retana, who grew up in East Los Angeles, has worked in both civil and criminal law, as a prosecutor and a civil litigator. He also has extensive community service with La Raza Centro Legal and the Lawyer’s Committee for Civil Rights. He was awfully vague on cameras in the courtroom and didn’t seem well-informed on open-government issues, but he’s certainly qualified for the job.


Rod Mcleod, a former San Francisco School Board member, told us he won’t raise any money for this race since he thinks judges shouldn’t be captive to special interests. That’s noble, but it also makes it unlikely he’ll be a factor in the end.


Harry Dorfman, a career prosecutor with the District Attorney’s Office, has extensive trial experience but was the least willing of all the candidates we interviewed to expand public access to the courts.


Colfax has the endorsements of Assembly Member Tom Ammiano, Sen. Mark Leno, and Sups. David Campos, John Avalos, and Eric Mar, among others. She would also diversify the bench in a significant way, not just because she’s a lesbian but because she spent her career in the Public Defender’s Office. And since Democratic and Republican governors alike tend not to appoint public defenders to the bench, that background and perspective is rare. Vote for Colfax.


 


SUPERIOR COURT JUDGE, SEAT 15


MICHAEL NAVA


Another rarity here: a contested race where challengers are taking on a sitting judge. Richard Ulmer, the incumbent, was a Republican living in Hillsborough when Gov. Schwarzenegger appointed him to the bench last year; he quickly changed his registration to independent and took up residence in Park Merced. But two gay men, Michael Nava and Daniel Dean, saw him as potentially vulnerable and, noting the lack of LGBT appointments coming out of the current administration, filed to challenge Ulmer.


Ulmer’s a smart and appealing person with an impressive legal resume, and we see no scandal that would mandate his removal from office. But we also recognize that this is an elected office, and that it’s perfectly acceptable for candidates who think they would better serve the public and the bench to run against an incumbent. In this case, we’re endorsing Michael Nava.


Nava, the grandson of Mexican immigrants, makes the case that judicial appointments can be just as political as elections: out of some 500 judicial appointments, Schwarzenegger has named perhaps five openly LGBT candidates. Nava also would bring a different perspective to the courts. His career has been in the public sector and he currently works as a staff attorney drafting decisions for Superior Court Justice Carlos Moreno. More than anyone else running for judge this year, Nava is an advocate of openness in the judiciary. He told us the courts are the third branch of government and should be held to most of the same sunshine standards at the executive and legislature.


Daniel Dean also makes a compelling case and has extensive courtroom experience as a litigator and judge pro tem. His accessibility and sense of humor would serve him well on the bench, and we hope he continues to seek a judicial slot. But in this race, we’re endorsing Nava.

ENDORSEMENTS: San Francisco ballot measures

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 PROPOSITION A

SCHOOL FACILITIES SPECIAL TAX

YES

This measure would extend a 1990 parcel tax that expires in 2010 by another 20 years, keeping it at its current rate ($32 a year for single family homes and commercial enterprises, $16 a year per dwelling unit for mixed use buildings). The tax brings in $7 million a year for San Francisco school facilities and would finance seismic upgrades, structural strengthening and related improvements of its facilities, and child care centers. Vote yes.

 

PROPOSITION B

EARTHQUAKE SAFETY AND EMERGENCY RESPONSE BONDS

YES

It’s hard to argue against a $430 million bond act to upgrade police, fire, and water facilities to prevent a catastrophic collapse of the city’s most basic public safety infrastructure in the event of an inevitable earthquake. Hard — but not impossible: Sup. Chris Daly, the lone vote against Prop. B, points out that the bond money would be used to upgrade police stations but that the old County Jail at 850 Bryant St. wouldn’t get any help. Prisoners, it seems (even those who are awaiting trial and have been convicted of nothing) aren’t worth protecting. And the Fire Department has been very hazy about where it’s going to spend the cash. So we’ve got some concerns here — but on balance, we’re endorsing Yes on B.

 

PROPOSITION C

FILM COMMISSION

YES

By some accounts, this measure was put together in retaliation for Mayor Gavin Newsom’s November 2009 demand that Film Commission executive director Stefanie Coyote resign — shortly after her husband, actor Peter Coyote, supported Attorney General Jerry Brown over Newsom for governor. But Bill Barnes, who works as a legislative aide for Newsom ally Sup. Michela Alioto-Pier, the author of Prop. C, says Alioto-Pier was working on this measure even before Coyote got ousted.

Either way, it’s a positive step. Prop. C would streamline a convoluted permitting process for shooting films in San Francisco — a process that can involve multiple departments — and would create a one-stop shop. It would also split the power to appoint the film commissioners between the mayor and the board (6-5, respectively), and require that all 11 commissioners have specific qualifications or experience. Vote yes.

 

PROPOSITION D

RETIREMENT BENEFITS

YES

Prop. D is a compromise. Sup. Sean Elsbernd wanted to reform the city’s pension system by mandating higher employee contributions and an end to what’s known as “spiking” — giving some employees a big raise just before they retire. Under current law, that worker would get a pension based on the inflated salary.

Elsbernd wanted to change the calculation and base pensions on an average of the final three years of salary an employee earned. Labor countered that some lower-paid workers only reach their top pay at the end of their careers. The final deal would base pensions on a two-year average. Prop. D would also require future employees to contribute and extra 2 percent to their pensions and require the city to set aside some money every year for the pension and retiree health care systems. In the end, progressive Sups. David Campos and Eric Mar signed on, and the city employee unions aren’t opposed. Vote yes.

 

PROPOSITION E

BUDGET LINE ITEM FOR POLICE SECURITY

YES

Prop. E would make one simple tweak to the reporting requirements for San Francisco’s annual city budget: a line-item on how much is spent on security for city officials and visiting dignitaries. As things stand, the amount the police department spends to protect people like, oh, say Mayor Gavin Newsom while he is crisscrossing the state campaigning for (lieutenant) governor is kept secret. That’s information the public has a right to know. Vote yes.

 

PROPOSITION F

RENTERS’ FINANCIAL HARDSHIP APPLICATIONS

YES

Prop. F would allow a tenant facing a rent increase to file a petition with the Rent Board claiming financial hardship. If the tenant was unemployed, or had his or her wages cut by 20 percent or more, or didn’t get a cost of living increase in government benefits and was paying at least 33 percent of his or her income as rent, the rent hike would be delayed for 60 days pending a hearing. If the renter can establish hardship, the landlord would have to hold off on the increase until the tenant’s employment or benefit situation improved. Few San Francisco landlords would be hurt by the delay in what are typically modest rent hikes — but a lot of tenants could avoid eviction. Vote yes.

 

PROPOSITION G

TRANSBAY TRANSIT CENTER

YES

Prop. G, a policy statement, became a moot point earlier this year, but it’s still good for San Franciscans to affirm the city’s support for bringing high-speed rail service downtown. The California High-Speed Rail Project is moving to create bullet train service from SF to downtown Los Angeles using bond money approved by voters in 2008. Even though that bond measure named the Transbay Terminal as the northern terminus of the first phase, some officials raised doubts about whether the downtown location was the best choice. That rail service was integral to plans for the transit center, which is currently being rebuilt, so the Board of Supervisors placed this measure on the ballot to support that choice. Earlier this month, the California High-Speed Rail Authority considered other alternatives and voted to stay with the Transbay Terminal. That’s the right way to go; vote yes.

ENDORSEMENTS: National and state races

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Editor’s note: the file below contains a correction, updated May 5 2010. 


National races


U.S. SENATE, DEMOCRAT


BARBARA BOXER


The Republican Party is targeting this race as one of its top national priorities, and if the GOP can dislodge a three-term senator from California, it will be a major blow for the party (and agenda) of President Obama. The pundits are happily talking about how much danger Barbara Boxer faces, how the country’s mood is swinging against big-government liberals.


But it’s always a mistake to count out Boxer. In 1982, as a Marin County supervisor with little name recognition in San Francisco, she trounced then-SF Sup. Louise Renne for an open Congressional seat. Ten years later, she beat the odds and won a hotly contested primary and tough general election to move into the Senate. She’s a fierce campaigner, and with no primary opposition, will have a united party behind her.


Boxer is one of the most progressive members of the not-terribly progressive U.S. Senate. She’s been one of the strongest, most consistent supporters of reproductive rights in Washington and a friend of labor (with 100 percent ratings from the AFL-CIO and National Education Association). We’ve had our disagreements: Boxer supported No Child Left Behind, wrote the law allowing airline pilots to carry guns in the cockpit, and was weak on same-sex marriage when San Francisco sought to legalize it (although she’s come around). But she was an early and stalwart foe of the war in Iraq, split with her own party to oppose a crackdown on illegal immigration, and is leading the way on accountability for Wall Street. She richly deserves reelection, and we’re happy to endorse her.


 


CONGRESS, 6TH DISTRICT, DEMOCRAT


LYNN WOOLSEY


It’s odd that the representative from Marin and Sonoma counties is more progressive by far than her colleague to the south, San Francisco’s Nancy Pelosi. But over the years, Lynn Woolsey has been one of the strongest opponents of the war, a voice against bailouts for the big Wall Street banks, and a foe of cuts in the social safety net. We’re proud to endorse her for another term.


 


CONGRESS, 7TH DISTRICT, DEMOCRAT


GEORGE MILLER


George Miller has been representing this East Bay district since 1974, and is now the chair of the Education and Labor Committee and a powerhouse in Congress. He’s too prone to compromise (with George W. Bush on education policy) but is taking the right line on California water (while Sen. Dianne Feinstein is on the wrong side). We’ll endorse him for another term.


 


CONGRESS, 8TH DISTRICT, DEMOCRAT


NANCY PELOSI


We’ve never been terribly pleased with San Francisco’s most prominent Congressional representative. Nancy Pelosi was the author of the bill that created the first privatized national park at the Presidio, setting a horrible standard that parks ought to be about making money. She was weak on opposing the war, ducked same-sex marriage, and has used her clout locally for all the wrong candidates and issues. But we have to give her credit for resurrecting and pushing through the health care bill (bad as it was — and it’s pretty bad — it’s better than doing nothing). And, at a time when the Republicans are trying to derail the Obama presidency, she’s become a pretty effective partner for the president.


Her fate as speaker (and her future in this seat) probably depends on how the Democrats fare in the midterm Congressional elections this fall. But if she and the party survive in decent shape, she needs to take the opportunity to undo the damage she did at the Presidio.


 


CONGRESS, 9TH DISTRICT, DEMOCRAT


BARBARA LEE


Barbara Lee, who represents Berkeley and Oakland, is co-chair of the Progressive Caucus in the House, one of the most consistent liberal votes in Congress, and a hero to the antiwar movement. In 2001, she was the only member of either house to oppose the Bush administration’s Use of Force resolution following the 9/11 attacks, and she’s never let up on her opposition to foolish military entanglements. We’re glad she’s doing what Nancy Pelosi won’t — represent the progressive politics of her district in Washington.


 


CONGRESS, 13TH DISTRICT, DEMOCRAT


PETE STARK


Most politicians mellow and get more moderate as they age; Stark is the opposite. He announced a couple of years ago that he’s an atheist (the only one in Congress), opposed the Iraq war early, called one of his colleagues a whore for the insurance industry, and insulted President Bush and refused to apologize, saying: “I may have dishonored the commander-in-chief, but I think he’s done pretty well to dishonor himself without any help from me.” He served as chair of the House Ways and Means Committee for exactly one day — March 3 — before the Democratic membership overruled Speaker Pelosi and chucked him out on the grounds that he was too inflammatory. The 78-year-old may not be in office much longer, but he’s good on all the major issues. He’s also fearless. If he wants another term, he deserves one.


 


State races


GOVERNOR, DEMOCRAT


EDMUND G. BROWN


Jerry Brown? Which Jerry Brown? The small-is-beautiful environmentalist from the 1970s who opposed Pacific Gas and Electric Co.’s Diablo Canyon nuke and created the California Conservation Corps, the Office of Appropriate Technology, and the Farm Labor Relations Board (all while running a huge budget surplus in Sacramento)? The angry populist who lashed out at corporate power on a KPFA radio talk show and ran against Bill Clinton for president? The pro-development mayor of Oakland who sided with the cops on crime issues and opened a military academy? Or the tough-on-crime attorney general who refuses to even talk about tax increases to solve the state’s gargantuan budget problems?


We don’t know. That’s the problem with Brown — you never know what he’ll do or say next. For now, he’s been a terribly disappointing candidate, running to the right, rambling on about preserving Proposition 13, making awful statements about immigration and sanctuary laws, and even sounding soft on environmental issues. He’s started to hit his stride lately, though, attacking likely GOP contender Meg Whitman over her ties to Wall Street and we’re seeing a few flashes of the populist Brown. But he’s got to step it up if he wants to win — and he’s got to get serious about taxes and show some budget leadership, if he wants to make a difference as governor.


 


LIEUTENANT GOVERNOR, DEMOCRAT


JANICE HAHN


Not an easy choice, by any means.


Mayor Gavin Newsom jumped into this race only after it became clear that he wouldn’t get elected governor. He sees it as a temporary perch, someplace to park his political ambitions until a better office opens up. He’s got the money, the statewide name recognition, and the endorsement of some of the state’s major power players, including both U.S. Senators and House Speaker Nancy Pelosi. He’s also been a terrible mayor of San Francisco — and some progressives (like Sup. Chris Daly) argue, persuasively, that the best way to get a better person in Room 200 is to ship Newsom off to an office in Sacramento where he can’t do much harm and let the supervisors pick the next mayor.


But it’s hard to endorse Newsom for any higher office. He’s ducked on public power, allowing PG&E to come very close to blocking the city’s community choice aggregation program (See editorial, page 5). His policies have promoted deporting kids and breaking up families. He’s taken an approach to the city budget — no new revenue, just cuts — that’s similar to what the Republican governor has done. He didn’t even bother to come down and talk to us about this race. There’s really no good argument for supporting the advancement of his political career.


Then there’s Janice Hahn. She’s a Los Angeles City Council member, the daughter of a former county supervisor, and the sister of a former mayor. She got in this race way before Newsom, and her nightmare campaign consultant, Garry South, acts as if she has some divine right to be the only Democrat running.


Hahn in not overly impressive as a candidate. When we met her, she seemed confused about some issues and scrambled to duck others. She told us she’s not sure she’s in favor of legalizing pot, but she isn’t sure why she’s not sure since she has no arguments against it. She won’t take a position on a new peripheral canal, although she can’t defend building one and says that protecting San Francisco Bay has to be a priority. She won’t rule out offshore oil drilling, although she said she has yet to see a proposal she can support. Her main economic development proposal was to bring more film industry work to California, even if that means cutting taxes for the studios or locating the shoots on Indian land where there are fewer regulations.


On the other hand, she told us she wants to get rid of the two-thirds threshold in the state Legislature for passing a budget or raising taxes. She supports reinstating the car tax at pre-Gov. Arnold Schwarzenegger levels. She supports a split-roll measure to reform Prop. 13. She wants to see an oil-severance tax to fund education. She’s one of the few statewide candidates who openly advocates higher taxes on the wealthy as part of the solution to the budget crisis.


We are under no illusions that Hahn will be able to use the weak office of lieutenant governor to move on any of these issues, and we’re not at all sure she’s ready to take over the top spot. But on the issues, she’s clearly better than Newsom, so she gets our endorsements.


 


SECRETARY OF STATE, DEMOCRAT


DEBRA BOWEN


Debra Bowen is the only Democrat running, a sign that pretty much everyone in the party thinks she’s doing a fine job as Secretary of State. She’s run a clean office and we see no reason to replace her.


 


CONTROLLER, DEMOCRAT


JOHN CHIANG


Like Bowen, John Chiang has no opposition in the primary, and he’s been a perfectly adequate controller. In fact, when Gov. Schwarzenegger tried two years ago to cut the pay of thousands of state employees to the minimum wage level, Chiang defied him and refused to change the paychecks — a move that forced the governor to back down. We just wish he’d play a more visible role in talking about the need for more tax revenue to balance the state’s books.


 


TREASURER, DEMOCRAT


BILL LOCKYER


Bill Lockyer keeps bouncing around Sacramento, waiting, perhaps, for his chance to be governor. He was attorney general. Now he’s treasurer seeking a second term, which he will almost certainly win. He’s done some good things, including trying to use state bonds to promote alternative energy, and has spoken out forcefully about the governor’s efforts to defer deficit problems through dubious borrowing. He hasn’t, however, come out in favor of higher taxes for the rich or a change in Prop. 13.


 


ATTORNEY GENERAL, DEMOCRAT


KAMALA HARRIS


There are really only two serious candidates in this race, Kamala Harris, the San Francisco district attorney, and Rocky Delgadillo, the former Los Angeles city attorney. Harris has a comfortable lead, with Delgadillo in second and the others far behind.


Delgadillo is on his second try for this office. He ran against Jerry Brown four years ago and got nowhere. And in the meantime, he’s come under fire for, among other things, using city employees to run personal errands for him (picking up his dry-cleaning, babysitting his kids) and driving his car without insurance. On a more significant level, he made his reputation with gang injunctions that smacked of ethnic profiling and infuriated Latino and civil liberties groups. It’s amazing he’s still a factor in this race; he can’t possibly win the general election with all his baggage.


Harris has a lot going for her. She was among the first California elected officials to endorse Barack Obama for president, and remains close to the administration. She’s a smart, articulate prosecutor and could be one of the few women atop the Democratic ticket this year. We were never comfortable with her ties to Willie Brown, but he’s no longer a factor in state or local politics. These days, she’s more closely allied with the likes of State Sen. Mark Leno.


That said, we have some serious problems with Harris. She’s been up in Sacramento pushing Republican-style tough-on-crime bills (like a measure that would bar registered sex offenders from ever using social networking sites on the Internet) and forcing sane Democrats like Assembly Member and Public Safety Committee Chair Tom Ammiano to try to tone down or kill them (and then take the political heat). If she didn’t know about the problems in the SFPD crime lab, she should have, and should have made a bigger fuss, earlier.


But Harris has kept her principled position against the death penalty, even when it meant taking immense flak from the cops for refusing to seek capital punishment for the killer of a San Francisco police officer. She’s clearly the best choice for the Democrats.


 


INSURANCE COMMISSIONER, DEMOCRAT


DAVE JONES


Two credible progressives are vying to run for this powerful and important position regulating the massive — and massively corrupt — California insurance industry. Dave Jones and Hector De La Torre are both in the state Assembly, with Jones representing Sacramento and De La Torre hailing from Los Angeles. Both have a record opposing insurance industry initiatives; both are outspoken foes of Prop. 17; and either would do a fine job as insurance commissioner. But Jones has more experience on consumer issues and health care reform, and we prefer his background as a Legal Aid lawyer to De La Torre’s history as a Southern California Edison executive. So we’ll give Jones the nod.


 


BOARD OF EQUALIZATION, DISTRICT 1, DEMOCRAT


BETTY T. YEE


Betty Yee has taken over a job that’s been a stronghold of progressive tax policy since the days of the late Bill Bennett. She’s done well in the position, supporting progressive financial measures and even coming down, as a top tax official, in favor of legalizing (and taxing) marijuana. We’re happy to endorse her for another term.


 


SUPERINTENDENT OF PUBLIC INSTRUCTION


TOM TORLAKSON


Two prominent Democratic legislators are running for this nonpartisan post, state Sen. Gloria Romero of Los Angeles and Assembly Member Tom Torlakson of Martinez. It’s a pretty clear choice: Romero is a big supporter of charter schools who thinks parents should be able to move their kids out of one school district and into another (allowing wealthier white parents, for example, to abandon Los Angeles or San Francisco for the suburban districts). She’s been supported in the past by Don and Doris Fisher, who put a chunk of their GAP Inc. fortune into school privatization efforts. Torlakson wants more accountability for charters, opposes the Romero district-option bill, and has the support of every major teachers union in the state. Vote for Torlakson.


 


STATE SENATE, DISTRICT 8, DEMOCRAT


LELAND YEE


Sen. Leland Yee can be infuriating. Two years ago, he was hell-bent on selling the Cow Palace as surplus state property and allowing private developers to take it over. In the recent budget crisis, he pissed off his Democratic colleagues by refusing to vote for cuts that everyone else knew were inevitable (while never making a strong stand in favor of, say, repealing Prop. 13 or raising other taxes). But he’s always been good on open-government issues and has made headlines lately for busting California State University, Stanislaus over a secret contract to bring Sarah Palin in for a fundraiser — and has raised the larger point that public universities shouldn’t hide their finances behind private foundations.


Yee will have no serious opposition for reelection, and his campaign for a second term in Sacramento is really the start of the Leland Yee for Mayor effort. With reservations over the Cow Palace deal and a few other issues, we’ll endorse him for reelection.


 Correction update: Yee’s office informs us that the senator suports an oil-severance tax and a tax on high-income earners and “believes that Prop. 13 should be reformed,” although he hasn’t taken a position on Assemblymember Tom Ammiano’s reform bill. 


STATE ASSEMBLY, DISTRICT 12, DEMOCRAT


FIONA MA


Fiona Ma’s a mixed bag (at best). She doesn’t like Pacific Gas and Electric Co. and supports public power, but comes up with strange bills that make no sense, like a 2009 measure to limit rent control in trailer parks. Why does Ma, who has no trailer parks in her district, care? Maybe because the landlords who control the mobile home facilities gave her some campaign cash. She faces no opposition, and we’re not thrilled with her record, but we’ll reluctantly back her for another term.


 


STATE ASSEMBLY, DISTRICT 13, DEMOCRAT


TOM AMMIANO


When the history of progressive politics in modern San Francisco is written, Tom Ammiano will be a central figure. His long-shot 1999 mayoral campaign against Willie Brown brought the left to life in town, and his leadership helped bring back district elections and put a progressive Board of Supervisors in place in 2000. As a supervisor, he authored the city’s landmark health care bill (which Newsom constantly tries to take credit for) and the rainy day fund (which saved the public schools from debilitating cuts). He uses his local influence to promote the right causes, issues, and candidates.


And he’s turned out to be an excellent member of the state Assembly. He forced BART to take seriously civilian oversight of the transit police force. He put the battle to reform Prop. 13 with a split-role measure back on the state agenda. And his efforts to legalize and tax marijuana are close to making California the first state to toss the insane pot laws. As chair of the Public Safety Committee, he routinely defies the police lobbies and the right-wing Republicans and defuses truly awful legislation. We’re glad Ammiano’s still fighting in the good fight, and we’re pleased to endorse him for another term.


 


STATE ASSEMBLY, DISTRICT 14, DEMOCRAT


NANCY SKINNER


Nancy Skinner has taken on one of the toughest, and for small businesses, most important, battles in Sacramento. She wants to make out-of-state companies that sell products to Californians collect and remit sales tax. If you buy a book at your local bookstore, you have to pay sales tax; if you buy it from Amazon, it’s tax-free. That not only hurts the state, which loses hundreds of millions of dollars in tax revenue, it’s a competitive disadvantage to local shops. Skinner’s a good progressive vote and an ally for Ammiano on the Public Safety Committee. We’re happy to endorse her for another term.


 


STATE ASSEMBLY, DISTRICT 16, DEMOCRAT


SANDRE SWANSON


Sandre Swanson represents the district where BART police killed Oscar Grant, but he wasn’t the one out front pushing for more civilian accountability; that was left to SF’s Ammiano. And while Swanson was generally supportive of Ammiano’s bill, he was hardly a leader in the campaign to pass it. This is too bad, because Swanson’s almost always a progressive vote and has been good on issues like whistleblower protection (a Swanson bill that passed this year protects local government workers who want to report problems confidentially). We’ll endorse him for another term, but he needs to get tougher on the BART police.

Newsom’s opponent Hahn calls for LA boycott of Arizona

The Arizona legislation that has sparked fury nationwide and even prompted City Attorney Dennis Herrera to call for a boycott of all things Arizona has also served to highlight a difference in opinion between Mayor Gavin Newsom and his opponent in the Lieutenant Governor’s race, Los Angeles City Councilwoman Janice Hahn.

In a Chronicle story today, Newsom took a murky stance on the Arizona boycott idea:

“Newsom argued that a total boycott of Arizona businesses could bring the city a wide range of problems that haven’t even been considered. ‘The notion of boycotting a state and every business that does business in the state is an extraordinarily complicated matter,’ he warned.”

To Hahn, the matter isn’t so complicated. According to a press release we received from her campaign:

“In response to newly-enacted legislation in Arizona which will require immigrants to carry documents about their immigration status at all times, and will allow police officers to question residents about their immigration status, today, Councilwoman Janice Hahn will introduce a resolution calling on the City of Los Angeles to boycott the State of Arizona. The resolution will call for Los Angeles, and all of its departments, to end any and all contracts with Arizona-based companies and to stop doing business with the state.”

School Board fireworks

2

Look for some interesting heat and maybe some light at the school board meeting tonight (April 27). The teachers union is holding a march and members will be speaking out against the layoffs (PDF), since this is the last board meeting before pink slips to more than 800 teachers and 300 para-professionals. The district, of course, is broke, since most of the money comes from the state, and the state is broke for all the reasons we all know, and I don’t envy the job of the school board and the superintendent, who have to somehow balance the books. The teachers think there should be more cost-cutting at the central office and that the district should dip into reserve fund, which will be about $8 million to the good at the end of this year.


It’s complicated, but the state requires the district to keep 2 percent of its budget total in reserve; that’s a sound policy. Right now, according to information that SFUSD spokesperson Gentle Blythe sent me, the reserve is at $33.6 million, much more than is needed, but some of that is temporary federal stimulus money.


Here’s how the distict outlines the situation:


Our baseline projections (i.e., the fund balance that would result if no steps were taken to address the budget shortfalls) are that our Unrestricted General Fund (UGF) balance would be $24.2 million, negative $37.9 million, and negative $97.6 million at the end of the three respective years. At the end of FY 2009-10, we would have $8.4 million more in fund balance than the $15.8 million required. However, we would fall short of our required fund balance in the following two years by $53.7 million and $113.4 million, respectively. If the Superintendent’s Budget Deficit Action Plan were implemented, our UGF fund balance would be $33.6 million, $23.6 million, and $15.8 million at the end of the three respective years.  


That, of course, assumes that the economy will still be awful in the next two years, that the state won’t have or allocate any additional money to education and that this same horrible fiscal situation will continue. Which may be true — but it may also be true that things will get better with a Democrat in the Governor’s Office, and the projections might not be so dire.


Meanwhile, the board will also be taking up a truly awful bill called SB 955, which attacks teacher seniority. It’s an informational item only, but should generate some discussion, since board member Rachel Norton has already weighed in on it in her sfgate blog post:


Still, it’s clear that there is political traction for California to weigh in on the national conversation happening on teacher seniority and evaluation, and I’m told that an alternative bill is likely to be introduced by a Democratic sponsor. If that happens, it will be important for the Board to have a position on what provisions should be included or dropped.

At this point, there’s no Democratic alternative bill in Sacramento, but there are plenty of moderate Democrats who could come up with one. And it raises the whole touchy issue of how to handle staff reductions in a district where many of the senior teachers have managed to get themselves assigned to top-performing schools. “We just sent layoff notices to 60 percent of the staff at Alvarado,” Board President Jane Kim told me. “And some schools on the west side will have only 10 percent layoffs.”

I cna’t imagine a majority of this school board coming down on the side of reducing seniority for teachers. But the fact that Norton is talking about the board looking at other alternatives, and how a counter to SB 955 might be structured, suggests that this issue isn’t going away. 

The CCA “conundrum”

The negotiations for the city’s green municipal power program still haven’t resulted in a finalized contract, and time is running out.

In 42 days, voters will decide whether Prop 16, the ballot initiative dubbed the “Taxpayers Right to Vote Act,” ought to be enshrined into state law. If a simple majority votes yes, the state constitution will be changed to require a two-thirds supermajority vote at the ballot before any municipal electricity program can move forward, effectively making it impossible for local governments to offer alternatives to investor-owned utility companies. Pacific Gas & Electric Co., the 105-year-old utility that gained infamy with the movie Erin Brockovich after it was accused of causing groundwater pollution which led to a cancer cluster in Hinkley, Calif., is poised to spend $35 million to pass Prop 16.

Here in San Francisco, where the vision for a green municipal power program goes back at least half a decade (and PG&E’s monopolistic grip dates back much farther), the plan’s most dedicated proponents have come to view Prop 16 as “the grim reaper.” At a meeting in City Hall last Friday about CleanPower SF, the community choice aggregation (CCA) program that could provide San Franciscans with 51 percent renewable electricity, Sup. Ross Mirkarimi repeated a mantra he’s intoned since approximately last year at this time: “All hands on deck.” Mirkarimi’s face looked tense, and his anxiety about the closing window of opportunity was plain even as he tried to display optimism. If a CleanPower SF program contract is not signed before June 8, when Prop 16 is decided, years of hard work and effort could be lost. With $35 million worth of carefully crafted PR messaging that reveals nothing about the sole financier of the measure or its anti-competitive intentions, Prop 16 has a decent shot at voter approval.

The race against the clock has been intensified by the fact that the San Francisco Public Utilities Commission, the city agency tasked with implementing CCA, has been unable (or unwilling, some critics charge) to broker a deal with Power Choice Inc., the energy service provider selected for CCA. Negotiating sessions have been ongoing since February, with SFPUC staff members, SFPUC General Manager Ed Harrington, three city attorneys, and staff of the Local Agency Formation Commission devoting hours to negotiations. “We are continuing to work hard to secure a contract,” SFPUC Assistant General Manager of Power Barbara Hale told the Guardian.

Yet as the days pass, the absence of a signed contract in hand has program advocates increasingly worried, frustrated, and suspicious of the SFPUC. “My sense, and my fear quite frankly, has been that the level of commitment [from the SFPUC] isn’t there, and if it were there … then we would have a finalized contract,” Sup. David Campos noted at a joint meeting between LAFCo and the SFPUC on Friday.

John Rizzo of the Sierra Club told the Guardian that Harrington approached the environmental group last week requesting that it join the SFPUC in issuing a press release blaming PG&E’s Prop 16 for marring CCA’s prospects. Harrington was ready to announce that the CCA had reached a preliminary contract, but not really a contract at all, since key terms such as a rate structure would not be hammered down till after the June 8 election. The Sierra Club declined to go along with that idea. Such a move would have jeopardized the program’s shot at success. Campos highlighted this problem at the meeting, saying, “Even though there are risks associated with CCA, the risk of not doing this and not having as concrete a contract by the election is greater.”

Green power advocate Eric Brooks noted that he had received a call from Nancy Miller, the executive director of LAFCo, notifying him that the SFPUC felt that Prop 16 had created a climate that made it too difficult to negotiate, and that a press release would be issued explaining as much. In the end, the SFPUC agreed to stay the course at the negotiating table. At Friday’s meeting, there was no mention of pushing the contract back to a later date. Instead, everyone nodded in polite agreement that all hands were, indeed, on deck.

But during his presentation to commissioners, Harrington emphasized the difficulty in meeting the twin program goals: green power on one hand, and competitive pricing on the other. He displayed charts showing how much more expensive wind and solar were than “brown power,” the fossil fuel and nuclear variety currently offered by PG&E. When challenged on the SFPUC’s commitment, Harrington responded tersely, “Staff commitment does not change the economic reality of the world.”

Brooks, who has weighed in and watched the process unfold since the beginning, later charged that Harrington was presenting a wholly different picture from what was originally agreed to as a way of subverting the program. “He purposely showed the numbers so that they would look worse,” Brooks said. “His key trick was … allowing the contractor the option of a 3-to-5 year contract. No one thinks you can pay renewable energy off in three years, that’s ridiculous. … He knows that the plan was to pay this off over 15 years. There’s no way he didn’t know that the idea is to pay it off in 15 years.”

Harrington was not available for comment. But Hale, who did speak with the Guardian, told us, “We’re absolutely open to a longer-term contract.” The problem, she said, has been determining a rate that makes sense both to guarantee the long-term viability of the program while meeting the renewable-energy program goals and the financial commitment necessary to make it worthwhile for the service provider. It’s like a big control board with multiple dials, and the problem seems to lie in twisting the knobs to find the appropriate setting. So far, they haven’t hit the sweet spot.

Meanwhile, the political backdrop of this “conundrum,” as Harrington called it, is that Mayor Gavin Newsom, now a candidate for Lieutenant Governor, would be placed in an awkward position if a Board-approved contract for the CCA program landed on his desk before June 8. If he endorsed the contract with his signature, he would earn the ire of PG&E, a moneyed political ally that could help him reach the office he aspires to. But if he vetoed CCA, it would amount to a stunning display of hypocrisy, since he would be a green mayor rejecting the greenest municipal power program ever attempted. Newsom, who wants to name a street after former Mayor Willie Brown even as Brown is publicly arguing in favor of Prop 16, could avoid that dilemma altogether if the contract negotiations just imploded, or were at least delayed till after June 8.

No more stalling on CCA

1

EDITORIAL There’s nothing wrong with city officials taking tough stands in negotiations with private contractors. Hundreds, thousands of times in the past few years, San Francisco department heads have rolled over and given away the store in sweetheart deals that put the city on the hook for all the money, make the public take all the risk, and give a private outfit all the profit. Pacific Gas and Electric Co. (remember the Tulock-Modesto sellout contract?), Lennar Corp., Recurrent Energy, and countless other developers, builders, suppliers, and service providers have easily taken the public to the cleaners with contracts that never seemed to get stuck in the due diligence process.

But when there’s a looming deadline, hundreds of millions of dollars, and the city’s energy future and environmental footprint at stake, why is the San Francisco Public Utilities Commission moving so incredibly slowly to hammer out a deal for the city’s community choice aggregation (CCA) program? And why is PUC general manager Ed Harrington doing everything in his power to make sure that nothing happens that might put the city in the power business until after PG&E’s initiative, Prop. 16 — which would block public power efforts — passes at the polls?

It’s infuriating — and the supervisors need to tell the PUC that they won’t approve anything the agency does or wants to do until this contract is completed.

Harrington’s shop has known for more than a year that it needed to work out a business deal with a supplier that could replace PG&E and manage a program to buy greener, cheaper power in bulk and resell it to San Francisco residents. Marin County is setting up a similar program and is far ahead of San Francisco. The city has chosen a vendor, Powerchoice Inc., run by people completely qualified to handle the business.

And now there’s a absolute, drop-deal mandate: the city has to complete negotiations and get the program underway before the June 8 election. That’s because PG&E is spending $35 million to try to pass an initiative that would mandate a two-thirds vote of the public before any new CCA can begin selling power to customers. If San Francisco wants to present a solid legal case that its CCA is already in business, the contract with Powerchoice needs to be completed and signed, now.

But Harrington has, to put it kindly, been dragging his feet. The negotiations are hung up on a few points, although none are deal-breakers; Powerchoice already has agreed to assume some of the financial risk, which was the biggest obstacle to a deal. Now it’s just a matter of hammering out the details — but the PUC staff isn’t acting as if there is any time pressure at all.

In fact, last week Harrington circulated a draft press release all but announcing that he was tossing the whole deal under the bus and postponing negotiations until after the June election. He wanted to say that the "uncertainly" surrounding Prop. 16 made a deal impossible.

But Powerchoice isn’t walking away or complaining about the initiative. The company’s CEO, Sam Enoka, made it clear to us in an interview April 26 that he is eager to move forward. If Harrington — an experienced negotiator with a large staff at his disposal — and his boss, Mayor Gavin Newsom, wanted a deal, it could be finished well ahead of the deadline.

Instead, Harrington showed up at the Local Agency Formation Commission meeting April 23 with charts and a PowerPoint presentation purporting to show that renewable energy is too expensive to sell at rates comparable to what PG&E charges local customers. That misses the point — PG&E’s rates are going up every year and renewables are coming down, and the greatest risk to the city, the ratepayers, and the planet is sticking with the unreliable private utility that relies on fossil fuels and nuclear power for much of its electricity portfolio.

If the city has legitimate issues with Powerchoice, fine: Sit down and begin working them out. Now. But the only thing we can see at this point is the administration of a mayor who wants to be lieutenant governor intentionally delaying the process and giving PG&E exactly what it wants. (We called the PUC April 26, our print deadline, to ask why there were no talks scheduled that day, but Harrington wasn’t available; he was taking the day off.)

Sups. Ross Mirkarimi and David Campos suggest that the board simply refuse to sign off on any contracts, appropriations, or other approvals for anything the SFPUC does until this contract is completed. That’s a fine idea; they should start today.

No more stalling on CCA

0

EDITORIAL There’s nothing wrong with city officials taking tough stands in negotiations with private contractors. Hundreds, thousands of times in the past few years, San Francisco department heads have rolled over and given away the store in sweetheart deals that put the city on the hook for all the money, make the public take all the risk, and give a private outfit all the profit. Pacific Gas and Electric Co. (remember the Tulock-Modesto sellout contract?), Lennar Corp., Recurrent Energy, and countless other developers, builders, suppliers, and service providers have easily taken the public to the cleaners with contracts that never seemed to get stuck in the due diligence process.

But when there’s a looming deadline, hundreds of millions of dollars, and the city’s energy future and environmental footprint at stake, why is the San Francisco Public Utilities Commission moving so incredibly slowly to hammer out a deal for the city’s community choice aggregation (CCA) program? And why is PUC general manager Ed Harrington doing everything in his power to make sure that nothing happens that might put the city in the power business until after PG&E’s initiative, Prop. 16 — which would block public power efforts — passes at the polls?

It’s infuriating — and the supervisors need to tell the PUC that they won’t approve anything the agency does or wants to do until this contract is completed.

Harrington’s shop has known for more than a year that it needed to work out a business deal with a supplier that could replace PG&E and manage a program to buy greener, cheaper power in bulk and resell it to San Francisco residents. Marin County is setting up a similar program and is far ahead of San Francisco. The city has chosen a vendor, Powerchoice Inc., run by people completely qualified to handle the business.

And now there’s a absolute, drop-deal mandate: the city has to complete negotiations and get the program underway before the June 8 election. That’s because PG&E is spending $35 million to try to pass an initiative that would mandate a two-thirds vote of the public before any new CCA can begin selling power to customers. If San Francisco wants to present a solid legal case that its CCA is already in business, the contract with Powerchoice needs to be completed and signed, now.

But Harrington has, to put it kindly, been dragging his feet. The negotiations are hung up on a few points, although none are deal-breakers; Powerchoice already has agreed to assume some of the financial risk, which was the biggest obstacle to a deal. Now it’s just a matter of hammering out the details — but the PUC staff isn’t acting as if there is any time pressure at all.

In fact, last week Harrington circulated a draft press release all but announcing that he was tossing the whole deal under the bus and postponing negotiations until after the June election. He wanted to say that the "uncertainly" surrounding Prop. 16 made a deal impossible.

But Powerchoice isn’t walking away or complaining about the initiative. The company’s CEO, Sam Enoka, made it clear to us in an interview April 26 that he is eager to move forward. If Harrington — an experienced negotiator with a large staff at his disposal — and his boss, Mayor Gavin Newsom, wanted a deal, it could be finished well ahead of the deadline.

Instead, Harrington showed up at the Local Agency Formation Commission meeting April 23 with charts and a PowerPoint presentation purporting to show that renewable energy is too expensive to sell at rates comparable to what PG&E charges local customers. That misses the point — PG&E’s rates are going up every year and renewables are coming down, and the greatest risk to the city, the ratepayers, and the planet is sticking with the unreliable private utility that relies on fossil fuels and nuclear power for much of its electricity portfolio.

If the city has legitimate issues with Powerchoice, fine: Sit down and begin working them out. Now. But the only thing we can see at this point is the administration of a mayor who wants to be lieutenant governor intentionally delaying the process and giving PG&E exactly what it wants. (We called the PUC April 26, our print deadline, to ask why there were no talks scheduled that day, but Harrington wasn’t available; he was taking the day off.)

Sups. Ross Mirkarimi and David Campos suggest that the board simply refuse to sign off on any contracts, appropriations, or other approvals for anything the SFPUC does until this contract is completed. That’s a fine idea; they should start today.

Herrera to San Francisco: boycott Arizona

25

I almost visited Arizona once.
I was in Nevada, visiting the Hoover Dam which crosses the border between Nevada and Arizona and took a photo next to the Arizona state sign.

But I didn’t cross the line. I already suspected that Arizona was groundzero for wingnuts, thanks to the decision of Arizona U.S. senator, Republican John McCain, to choose then Alaska governor Sarah Palin as his running mate in the 2008 presidential election.


At least, Democrat Janet Napolitano was still governor of Arizona at the time, and so was able to veto similar attempts to pass racist immigration laws in the state of


But now Republican Jan Brewer, a former Maricopa County supervisor, is governor of Arizona and has signed Arizona’s SB  1070, I think I’ll follow San Francisco city Attorney Dennis Herrera’s advice and implement a sweeping boycott of all things Arizona.


Citing San Francisco’s “moral leadership against such past injustices as South African apartheid, the exploitation of migrant farm workers, the economic oppression of Catholics in Northern Ireland, and discrimination against the LGBT community,” Herrera offered the services of his office’s contracts, government litigation and investigations teams to work closely with city departments and commissions to identify applicable contracts and to aggressively pursue termination wherever legally tenable.


“Arizona’s controversial new law makes it a state-level crime for someone to be in the country illegally, and even criminalizes the failure to carry immigration documents at all times by lawful foreign residents,” Herrera’s April 26 press release observed. “It additionally imposes a requirement for police officers to question those they suspect may be in the United States illegally. Civil libertarians have sharply criticized the law for being an open invitation for harassment and discrimination against all Latinos, regardless of their citizenship. It has also been rebuked by the nation’s law enforcement community, with the president of the Major Cities Chiefs Association, San Jose Police Chief Robert Davis, reiterating his organization’s 2006 policy statement that requiring local police to enforce immigration laws “would likely negatively effect and undermine the level of trust and cooperation between local police and immigrant communities.”


“Arizona has charted an ominous legal course that puts extremist politics before public safety, and betrays our most deeply-held American values,” said Herrera, who is the son of an immigrant from Latin America. “Just as it did two decades ago when it refused to observe Martin Luther King Jr. Day, Arizona has again chosen to isolate itself from the rest of the nation. Our most appropriate response is to assure that their isolation is tangible rather than merely symbolic. San Francisco should lead the way in adopting and aggressively pursuing a sweeping boycott of Arizona and Arizona-based businesses until this unjust law is repealed or invalidated. My office is fully committed to work with San Francisco city departments and commissions to identify all applicable contracts, and to pursue termination wherever possible.  And my office stands ready to assist in any legal challenges in whatever way it can.”


Meanwhile, Napolitano, who is serving as Obama’s Department of Homeland Security Secretary, joined Obama in calling Arizona’s new immigration law “misguided.”


Appearing on ABC News, Napolitano said of the bill: “That one is a misguided law. It’s not a good law enforcement law. It’s not a good law in any number of reasons.”
She also warned that Arizona’s law could get other states trying to pass similar legislation, which could create a patchwork of immigration rules, instead of an an overall federal immigration system.


“This affects everybody, and I actually view it now as a security issue,” Napolitano said. “We need to know who’s in the country. And we need to know, for those who are in the country illegally, there needs to be a period under which they are given the opportunity to register so we get their biometrics, we get their criminal history and we know who they are. They pay a fine. They learn English. They get right with the law.”


Here on the streets of San Francisco, immigrant advocates are asking folks to march on May Day in solidarity with the immigrant communities of Arizona.


“In 2006, the immigrant community took to the streets in huge numbers,” a press release from the May 1st coalition stated. “Millions of undocumented working people and their families sought a pathway to legalization and to a life without fear of work-place raids or middle-of-the night deportations that tear families apart. In 2010, conditions have only worsened as hate crimes have increased exponentially; intolerance has been legitimized by the rhetoric of the Tea Party; and governments (like Arizona) have instituted harsh policing and employment practices that terrorize our communities. The federal government has failed to solve the crisis of undocumented workers in this country. In San Francisco, thousands of workers face losing their jobs because of a flawed employment verification process. Our children are deported without due process and now we must fear the codification of racial bigotry in Arizona.  State and federal governments have ineffectively solved the budget crisis on the backs of the lowest paid workers.  We march in solidarity with Arizona’s immigrants; immigrants everywhere; and the hard-working people of San Francisco who’ve unfairly endured the burden of this economic crisis.


The May 1st Coalition invites the community to join them for an April 28 poster-making party at 10 a.m, City College Mission Campus at 1125 Valencia Street in preparation for a May Day march at which Olga Miranda, President of SEIU Local 87, Jane Kim, SFUSD school board president, and Pablo Rodriguez, city college faculty, will speak.


My favorite comment on this unfunny situation comes from Daily Kos contributing editor and Las Vegas resident Jed Lewison.


“What do you call a bunch of people who not only don’t see anything wrong with Arizona’s new hate law, but blame federal inaction on immigration reform for “forcing” Arizona to enact the law while simultaneously trying to block federal immigration reform legislation?” Lewison asks. “You call them conservatives.”


 

The Daily Blurgh: Are brown people still legal on YouTube?

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Curiosities, quirks, oddites, and items from around the Bay and beyond

Sarcasm fail at Canada’s National Post?

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When a Furry marries a Juggalo you get

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It’s a bird! It’s a plane! It’s Banksy (Again. And this time, it’s apparently legit)

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Hey, Arizona Governor Jan Brewer: Fuck you very much.

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One of this week’s Guardian cover stars, Peaches Christ, dishes (as her boy alter-ego, Joshua Grannell) about his new film, All About Evil, and why the Victoria Theater is San Francisco’s unsung movie palace.

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M.I.A ghost rides Suicide

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This is Spinal Tape!

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In honor of the Internet’s great black hole (aka YouTube) turning five, here is that compilation of the site’s 100 greatest hits crammed into just 4 minutes from last year (so, pardon the missing memes).

If you don’t feel like sitting through four minutes — or forever times infinity squared in Internet years — of wrap-up, here’s really what YouTube has meant in the past half-decade:

(It has been viewed 268,000 268,0001 times)

Jerry Brown rambles about Prop. 13

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Jerry Brown’s speech at the state Democratic convention was apparently well received, and his gimmicky call for a three-way debate got him a lot of good press. But if you want to see Brown’s essential problem — his inability to articulate a real vision for the future of the state, and his utter cluelessness on tax issues — check out this somewhat alarming video that Sweet Melissa captured at a NARAL event April 11. His answer to a Prop. 13 question was rambling, incoherent, and completely off point. Not good news.


I mean, Meg Whitman has already poured $60 million of her own money into the race, and now she’s getting ready to put in more. Why? Because despite spending more cash than the gross national product of some small countries, all she’s been able to do is pull even with Brown at about 42 percent. Nobody in California who has any access to media can have missed Whitman’s blitz; she’s got her name recognition up, and everyone knows what her message is. But so far, a majority of the state isn’t buying it.


So Brown has a chance here. He can tag Whtman as a friend of Goldman Sachs, as an example of everything that’s wrong with American politics and finance, as another Schwarzenegger (whose ratings are in the toilet) and as someone who doesn’t offer any credible solutions to the state’s problems.


But first Brown needs to offer some credible solutions himself. And he’s not doing it. 

Newsom didn’t win in Los Angeles

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I usually go to the California state Democratic Conventions, but I missed this one, so I’ve had to rely on news coverage to find out what happened — and it’s been pretty slim pickins. To read the Chron’s politics blog, you’d think the whole thing was silliness and parties, although Carla Marinucci got a fun comment from party Chair John Burton, who thinks the only thing that will drive the youth vote in November is pot.


But the news for people following the fate Gavin Newsom is that our mayor didn’t get the party’s endorsement for lieutenant governor. Matier and Ross spin it as a sorta, kinda victory:


Mayor Gavin Newsom didn’t get the state Democratic Party endorsement in his race for lieutenant governor, but he got the next best thing: keeping rival L.A. City Councilwoman Janice Hahn from getting it.


And technically, that’s true — Hahn ran hard for the endorsement, and really needed a boost, since she’s far behind in name recognition and money. But it was hardly a resounding win for the front-runner.


Newsom got 52 percent of the vote, short of the 60 percent needed for an endorsement. His campaign says, correctly, that he whupped Hahn, who got 42 percent.


But what’s remarkable is that Newsom had the support of all the party bigwigs — Nancy Pelosi, Dianne Feinstein, Burton — the folks who can usually pull strings and make sure that their candidate gets the nod. The truth is, Hahn never had a chance here; there was absolutely no way the L.A. council member was going to get enough votes to win the endorsement. Her only real play was to block Newsom — and she pulled it off.


So I wouldn’t call this a win for Newsom; I’d say it’s a sign that the grassroots Democrats are not entirely sold on the San Francisco mayor.

Brown investigates destruction of Palin documents

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Attorney General Jerry Brown, who is also running for governor, announced that his office has launched “a broad investigation” of CSU Stanislaus and its foundation following yesterday’s revelations that officials may have destroyed documents related to an upcoming speech by Sarah Palin.

Both Brown and Sen. Leland Yee, whose inquiries into how much Palin is being paid triggered the investigation, emphasized that this isn’t about a controversial conservative speaking at the university, but about government transparency and how scarce public resources are being used.

In his announcement, Brown echoed Yee’s criticism of how foundations can be used improperly and to hide public scrutiny. Officials from CSU Stanislaus haven’t returned Guardian calls, but they denied wrongdoing to the Chronicle without specifically addressing how or why the documents were destroyed.

Here is Brown’s complete announcement:

Brown Expands Probe into CSU Stanislaus Foundation

SAN FRANCISCO – Attorney General Edmund G. Brown Jr. announced today that he has launched a broad investigation into the California State University Stanislaus Foundation to include an examination of its finances and the alleged dumping of documents into a university dumpster.

This action follows an inquiry Brown began last week into whether the CSU Stanislaus Foundation violated the California Public Records Act. On April 7, State Senator Leland Yee asked Brown to investigate the refusal of California State University Stanislaus to turn over records, under the Public Records Act, pertaining to the $500-a-plate June 25 speaking engagement of former vice presidential candidate Sarah Palin at the university’s 50th anniversary gala. Palin’s compensation for speaking at the CSU Stanislaus gala hasn’t been disclosed, but she earned $100,000 for speaking in February at a Tea Party convention in Nashville.

The expanded inquiry will seek to determine whether the foundation, which has assets of more than $20 million, is spending its money to benefit the campus, as it promises donors, the university and the public. The CSU Stanislaus Foundation spends more than $3 million each year on university endeavors. The Attorney General is asking university officials to preserve foundation documents.

“We are taking this action to make sure that the money raised goes toward the intended educational purposes and not a dollar is wasted or misspent,” Brown said, “Prudent financial stewardship is crucial at a time in which universities face vastly decreased funding and increased student fees.”

The Attorney General oversees charitable organizations to make sure that they comply with the law. Brown’s office has recently sought records of several foundations following allegations of improprieties including a no-bid contract to a foundation board member, a loan — with a large loss — to a former foundation board member, a $1.5 million-dollar loss because of bad debts, a questionable real estate deal and a $200,000 low-interest loan to a university president.

The university foundations provide crucial financial help to state universities, supplementing student fees and state support for scholarships, academic programs, buildings and operating expenses.

Brown said his office would also review documents obtained from Yee today, including part of Palin’s speech contract, which students say they plucked out of a dumpster near the CSU Stanislaus administration building. Investigators will first attempt to determine whether the documents are authentic and how they ended up in the dumpster.

“This is not about Sarah Palin,” Brown said. “She has every right to speak at a university event, and schools should strive to bring to campus a broad range of speakers. The issues are public disclosure and financial accountability in organizations embedded in state-run universities. We’re not saying any allegation is true, but we owe it to the taxpayers to thoroughly check out every serious allegation.”

The assets controlled by 95 auxiliary bodies and foundations associated with the entire CSU system amount to $1.34 billion, according to the CSU chancellor’s office. UC system foundations control another $4 billion in assets.

The Attorney General’s investigation is being conducted by its Charitable Trusts Section, which works with charities to make sure they comply with the law and their articles of incorporation. The Attorney General is also authorized to bring legal actions against charities if they misuse funds under their control.

For more information on the Attorney General’s Charitable Trusts Division, see http://ag.ca.gov/charities.php.

 

Officials accused of destroying public documents on Palin visit

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The lesson of political scandals from Watergate through Monicagate is that the cover-up is often worse than the original crime, and that could once again prove true with the simmering conflict over large speaking fees that CSU-Stanislaus has agreed to pay Sarah Palin, particularly given new revelations that university officials might have destroyed public documents that had been requested by Sen. Leland Yee.

At a press conference convened by Yee this morning, two university students told the story of being informed by fellow students that administrators were shredding and disposing of documents in an administration building on Friday, which was particularly strange because the campus was shut down for a state-mandated furlough day.

So a group of five students started digging into a dumpster adjacent to the building that was being used that day and gathered all the documents in there, some shredded, some intact. And among those documents, they say, were pages four through nine of a contract with the Washington Speakers Bureau, which represents Palin. And although they don’t mention her by name, they reference “air travel for two between Anchorage, Alaska and event city.” (Read the document here) Palin — the former Alaska governor and vice presidential candidate who has become a darling of the Tea Baggers and other right-wing populists — is scheduled to speak at a $500 per plate fundraising on June 25.

That was precisely the kind of document that Yee and attorney Terry Francke of Californians Aware had recently requested of the university through a California Public Records Act request, although their response from the university last week was that it had no documents responsive to their request.

So Yee asked the Attorney General’s Office to look into the matter, which could be what triggered the document destruction session, with officials fearing they might get caught in a lie. The CPRA allows for civil penalties for refusing to disclose public documents, while the Penal Code indicates willful destruction of public records may be considered a criminal act.

“This is an issue of accountability and transparency that is fundamental to our democracy,” Yee told reporters, calling the actions “unconscionable” and “reprehensible.”

Yee has been a strong critic of secrecy in the CSU and UC systems, and has unsuccessfully tried to pass laws requiring college foundations to be bound by open government and public records laws. That’s an issue in this case considering it’s the CSU-Stanislaus foundation that is hosting Palin’s visit, although Yee has pointed out that the university president and other top officials control the foundation, which uses campus facilities and resources.

“What we’re finding is with more and more of these foundations, there’s unethical and illegal stuff going on and nobody knows what’s going on,” Yee said, citing as an example the indictment of former City College of San Francisco chancellor Phillip Day for illegally laundering public funds for private use through the foundation.

But if the students’ story holds up, it now appears that the university itself was in possession of the documents that Yee requested, the first evidence that it wasn’t just the foundation that was involved with the Palin visit. 

Francke told reporters that he plans to file a lawsuit over the matter this week, depending on what the AG’s Office does. “Our purpose is to get a court decision that regards these documents as university documents and not just foundation documents,” he said.

Calls to the CSU-Stanislaus and the AG’s Office have not yet been returned, so check back for more details later.  

Alerts

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alert@sfbg.com

WEDNESDAY, APRIL 7

The Human Cost of Food


Join the Green Café Network, Mission Pie, and local farmers for a discussion about the different models of farm labor structure and how individual consumers, cafes, and restaurants can integrate this knowledge into their sourcing decisions and methods. It’s an idea whose time has come: fooders and foodies working together to balance social and economic justice goals with economic demands.

6:30 p.m., $5–$10 suggested donation

Kitchen at Mission Pie

2901 Mission, SF

(415) 282-1500

greencafenetwork.org

FRIDAY, APRIL 9

Berkeley Critical Mass


Join this "spring renewal ride" to celebrate Berkeley Critical Mass’ 17th year of protests on wheels. Bring noise-makers, bike decorations, food to share, and bike lights.

6 p.m., free

Berkeley BART

Center at Shattuck, Berk.

www.berkeleycriticalmass.org

SATURDAY, APRIL 10

Forum for Choice 2010


Hear candidates for governor, attorney general, and insurance commissioner take part in an in-depth discussion on a woman’s right to choose and the government’s role in making reproductive health decisions that affect all of us. Confirmed participants are Jerry Brown, Hector De La Torre, Rocky Delgadillo, Kamala Harris, Dave Jones, Chris Kelly, Ted Lieu, Pedro Nava, and Alberto Torrico.

8:30 a.m.; $50, $15 for students

Nob Hill Masonic Center

1111 California, SF

forumforchoice.com

Hilltop Park Beautification Day


Join AmeriCorps members of Habitat for Humanity as they maintain and beautify Hilltop Park, an under-utilized public outdoor space in the Bayview neighborhood that has fallen into disrepair due to budget cuts at SF’s Recreation and Park Department.

9 a.m., free

Across from 52 Whitney Young Circle construction site, SF

www.habitatgsf.org

San Francisco Green Festival


Volunteer or attend the Spring 2010 San Francisco Green Festival, a sustainability event featuring talks by authors, educators, and leaders; exhibits from ecofriendly businesses; workshops, films, activities, vegetarian food, and more.

Sat. 10 a.m.–7 p.m., Sunday 11 a.m.– 6 p.m.

$15 weekend, $10 one-day; $5 seniors, bike, and public transit riders;

free for volunteers, students, and youth.

SF Concourse Exhibition Center

635 Eighth St., SF

www.greenfestivals.org

SUNDAY, APRIL 11

Cuba and U.S.


Attend this afternoon of presentations and discussions about Cuba, the U.S. blockade, how to visit, how to get involved advocating for Cuba, and how you can get involved with freeing the Cuban Five.

3 p.m., $5

La Pena Cultural Center

3105 Shattuck, Berk.

(510) 849-2568 or email cucaravan@igc.org

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 255-8762; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.