Housing

What are safe streets?

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› amanda@sfbg.com

The San Francisco Streets and Neighborhoods workgroup, convened by Mayor Gavin Newsom, sat down to its seventh meeting Sept. 9 "to analyze and understand the key issues impacting safety on our streets and formulate recommendations for needed improvement with the goal of creating a safe environment on our streets for everyone."

Some of the top dogs on public safety were at the table, including Police Chief Heather Fong, fire department Capt. Pete Howes, representatives from the district attorney and public defender’s offices, and Kevin Ryan of the Mayor’s Office of Criminal Justice, who co-chairs the group.

Were they here to discuss the recent spike in shootings in the Mission District? The murder of a Western Addition teenager three days earlier? The effectiveness of gang injunctions in those neighborhoods? The upcoming march on City Hall of students from June Jordan High School demanding leadership from the mayor on the rise in violence?

Not really. A quick survey of the agenda indicated most of the talk would be focused on another great threat to public safety: homeless people.

"One of the things we never talked about is what are the specific undesirable behaviors we’re focusing on," facilitator Gary Koenig said to the group. Wielding a dry-erase marker at the whiteboard, he probed further, "In other words, the objective we set for ourselves had to do with safety on the streets. So what are the objectionable behaviors that make the street unsafe or make the street be perceived as unsafe by others?"

"Shooting people," blurted Seth Katzman, a representative from the Human Services Network, a coalition of nonprofits.

The room erupted in laughter.

"I’m going to keep bringing it up," he said, not laughing.

Koenig asked what other activities they were targeting, and a more telling picture emerged: drug dealing, aggressive panhandling, blocking the sidewalk, public urination and defecation, littering, intimidation.

"On intimidation," said Chief Fong, "if you have someone walking down the street and they’re yelling out or blasting out, sometimes they’re talking to themselves and all of a sudden, ahh! People don’t know how to respond and think that maybe there’s going to be a next step in terms of some kind of aggressive behavior."

"Would you call that scary behavior?" asked Koenig, marker poised to note.

"Just kind of unpredictable behavior in terms of how someone’s carrying themselves. They haven’t committed a crime, but …" Fong trailed off.

Koenig added "unpredictable behavior" to the list. "Remember, we’re really not talking about crimes here," he said. "We’re talking about what are we focusing on to help improve safety and the sense of safety on our streets."

That’s the real mission of the group: to make downtown more comfortable for tourists, shoppers, business owners, and condo residents; and more uncomfortable for homeless and poor people panhandling, loitering, urinating in public, acting strangely, getting loaded, or sleeping on the streets.

The group was clearly weighted toward enforcement, but coordinated with buy-in from those who demonize the homeless and those who defend them: Ryan, a law-and-order Republican, shares chair duties with the Rev. John Hardin, executive director of the homeless services nonprofit St. Anthony Foundation. Others at the meeting included Steve Falk of the San Francisco Chamber of Commerce; Heather Hoell of Yerba Buena Alliance; Joe D’Alessandro, CEO of the Convention and Visitors Bureau; Bobbie Rosenthal from Local Homeless Coordinating Board; Anne Kronenberg of the Department of Public Health; Reginald Smith from the 10-Year Council on Homelessness; Jennifer Friedenbach from the Coalition on Homelessness; Human Services Agency director Trent Rhorer; and Dariush Kayhan, the mayor’s homeless policy director.

Their ultimate goal is to come up with a handful of recommendations for a street safety pilot project that Newsom will implement in two neighborhoods within six months. The group’s task, on this day, was to weed through the list and decide what the group would endorse.

So far all the proposals have targeted poor and homeless people with enhanced services, punishment threats, and new restrictions on street life. Suggestions ranged from establishing drug-free and "VIP" zones in the downtown business and tourist areas (which came from the Chamber) to COH’s suggestion to fully fund treatment on demand. But all agreed that money is tight.

"If we did a lot of the service things, we probably wouldn’t be doing a lot of the others," Hardin noted early in the meeting, indicating the enforcement and justice items.

The mayor has not set aside any funding to implement the pilot projects, according to Kayhan. And that reality steered the group away from social services and toward crackdowns.

For example, Friedenbach suggested the chronic inebriate program run by DPH does a good job, but said that it’s underfunded and should be evaluated and expanded. Koenig asked DPH’s Anne Kronenberg if this is possible.

"You know it all comes down to money," she replied. "There’s a little disconnect going on for me. What we’re saying is good but I also know what the budget situation is in the city. That’s one [sticking point] where if we could get the mayor on board … or some other creative way of funding."

"Money is a real issue," Rhorer piped up. "So I’m thinking maybe if it’s a high cost item, we take it off the list." Yet, he added, "I totally agree the chronic inebriate program needs to be expanded to more placement facilities."

Instead, it was removed from the list.

"The problem is, if we take out some of these matters, what we’re going to be left with is enforcement ordinances and the justice system. And I think we all agreed a long time ago the idea isn’t to incarcerate people, but to get housing and services for them," Katzman complained. "It’s going to leave us with the stick and not the carrot."

Recommendations in the "stick" category included establishing "drug free zones" with enhanced penalties for dealing, using, and possession. Similar zones already exist within 1,000 feet of schools and parks in San Francisco, but have been implemented more broadly in other cities.

After discussing the constitutionality of making one street corner drug-free but not others, some suggested folding it in with another idea on the list: VIP zones.

"What does VIP stand for?" someone asked.

"Very Important Person," someone else answered.

"How about B and T? Business and tourism zones?" Rhorer suggested. "Marketing of VIP sounds a little more difficult."

According to the description on the meeting agenda, VIP zones would be established around downtown, the Yerba Buena center, Fisherman’s Wharf, Chinatown, and Union Square as areas subject to "special enforcement of drug laws, aggressive panhandling, sitting/lying on sidewalks" and other "quality of life crimes."

Defending the idea, D’Alessandro said, "Just from our perspective, tourism generates $500 million a year in local taxes that fund a lot of the programs we’re talking about at this table. And we’re very threatened. We’ve lost a lot of business." He said one convention bailed because a visitor was spit on.

"There’s obviously huge problems with this. It’s specifically targeting people because of their status, their housing status," Friedenbach said, sarcastically suggesting they have a registration for homeless people entering certain areas of the city.

"I think we have to separate aggressive panhandling and blocking thoroughfares from poverty," D’Alessandro said. "This is not targeting poor people."

"When you say sitting and lying on the sidewalk, that is targeting people who don’t have a place to sit," Friedenbach countered.

"Maybe we don’t do this unless we provide places to sit," D’Alessandro replied."

"Like more drop-in centers," Rhorer offered.

But temporary places to sit and sleep don’t seem like part of Newsom’s vision. Since he took office, more than 400 shelter beds have been lost. In March, Newsom defunded the only city-funded 24-hour drop-in center serving both men and women.

By the end of the meeting, many of the ideas for enhancing services remained in play, like ramping up Project Homeless Connect and the Homeless Outreach Teams, as well as more drop-in centers, housing, and job programs. All of the law enforcement–oriented changes were still on the list, including implementing the drug-free and VIP zones.

Speaking afterward, Katzman returned to the issue of what defines safety, and for whom. "We have tenants and clients in the Tenderloin who are afraid to go out of their buildings at night because of drug-related violence. They’re not complaining to us about people peeing on the streets," he said. "No one likes it, but that’s not the big issue right now."

A safe sanctuary city

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› news@sfbg.com

OPINION Amid a sea of reporters, I sat in a community meeting in the Mission District last week as city officials struggled to address the rash of homicides that have occurred in the past two weeks. As we listened to the endless chatter, I was greatly dismayed because we were avoiding the elephant in the room — the complete lack of trust between the police department and our communities of color.

I fear that that the relationship between communities of color and the police department has deteriorated beyond repair — in part because of the San Francisco Chronicle‘s xenophobic and inflammatory headlines.

It has been two months since the Chronicle began its skewed campaign of blame, pointing the finger at SF’s Sanctuary City laws as responsible for the rise in crime in San Francisco. The paper limited its coverage to the most extreme cases, such as undocumented homeless youth forced to traffic in narcotics. The stories failed to mention that immigrants are statistically less likely to become involved in crime — and when victimized, are less likely to report the crime.

Now we have gutted our sanctuary-city status with a new policy — one requiring police and probation officers to report detained youth to immigration officials if they even suspect that the detainees are undocumented. There are already reports that the police are arbitrarily stopping and ticketing young Latino males for trivial infractions such as "rosaries obstructing car views" as part of their Violence Prevention Traffic Unit work.

This new policy mandates that we refer immigrant youth charged with felonies to deportation proceedings prior to determining their innocence. What happened to due process?

As a community organizer, I have seen firsthand the tragedy inflicted on families when city officials send students in San Francisco public schools to deportation before determining their innocence or guilt. This regressive policy avoids any input from those most qualified to give it — the district attorney and the public defender.

Here’s the irony of it all — further attacks on the Sanctuary City policy will not produce a safer San Francisco. Indeed, wives and girlfriends in our immigrant communities will be less likely to report incidents of domestic violence for fear their loved ones (or themselves!) will be summarily deported. Conscientious neighborhood residents will be less likely to report vandalism or other youth mischief for fear that children in their community will be spirited away overnight by immigration authorities. And what about homicide? Undocumented people witnessed the murder of a youth and a father in the last two months, but have refused to come forward out of fear that the police will report them to immigration authorities.

Immigrants already live in the shadows of this great nation. They are the economic backbone of California — washing our dishes, picking our produce, and generally subsidizing all of our lifestyles. Police collaboration with immigration officials will force an already exploited population further underground, and engender even greater distrust of those institutions purporting to serve and protect them. *

Barbara "Bobbi" Lopez is a community organizer with the Tenderloin Housing Clinic and a candidate for Board of Education.

A Prop. M for housing

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Editors note: This is something I have supported and written about in detail. Marc makes the case nicely — T.R.

By Marc Salomon
San Francisco’s future as a creative and diverse progressive beacon is at risk due to the Planning Department’s Eastern Neighborhoods plan. The planning staff has decided the city’s need for luxury housing is so significant that it has set the development bar too low, allowing big builders to cash in on market rate housing.

Planning staff has labored to produce an inelegant community benefits and affordability model that has so many unproven moving parts it might barely work for current conditions but cannot be counted upon to provide for changing circumstances in the future.

But there is an existing successful city policy, passed by the voters in 1986 to control office sprawl, that can serve as a model for harnessing the insatiable demand to build profitable luxury housing, both for the benefit of existing San Franciscans as well as those of the non-rich who would seek refuge here in the future as so many of us did in the past.

Proposition M imposed a 950,000 square foot annual limit on office space. When applications to build exceed that cap, developers may offer up additional sweeteners to increase the chances of their projects being permitted.

The Western SoMa Citizens Planning Task force broke off from Eastern Neighborhoods planning process in 2004, and is nearing completion on its democratic, participatory, community-based plan. One policy that has caused consternation among the development types, who expect to run planning processes unhindered, has been a proposal to replicate Prop M, but this time, applied to housing.

Lotsa press on Prop. H

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The SF Weekly is usually against anything we’re supporting (they love to bash the left over there, and particularly like to bash us), but to my astonishment, along with his typical snide comments, Benjamin Wachs actually has some intelligent comments on the Clean Energy Act:

The city has the right -even the duty- to plan responsibly for its future, and then follow-up. Prop H shouldn’t even need to be on the ballot, it should be standard practice. Yes, let us evaluate our options and pick the best one. I wish the city would run its economy, law enforcement, and housing offices the same way. To be clear: anyone who is against Prop H isn’t against public ownership of utilities – they’re against planning.

Randy Shaw’s on the case, too. He’s a little dubious about the political hopes for Prop. H, since it doesn’t fit his own rule of “Keep it Simple,” and he suggests that the measure may get buried in the PG&E propaganda and the flood of other stuff on the ballot. The problem is, you can’t make a serious clean-energy initiative simple; there’s just too much policy involved. And if it were simpler, PG&E would call it “a simplistic solution.”

We all knew from day one that PG&E had endless money and would spend whatever it thinks is necessary to defeat Prop. H. But Shaw acknowledges that

With Mark Leno, Susan Leal, and Bevan Dufty taking high-profile roles in backing Prop H, the initiative has a broader and more diverse base than its similar predecessors.

And the Yes on H campaign is only really starting.

If this wasn’t going to be close, PG&E wouldn’t already be pulling out all the stops.

Moment of truth

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› news@sfbg.com

The controversial and long-awaited Eastern Neighborhoods Community Plan — which includes a thicket of thorny planning and financing issues that will largely determine San Francisco’s socioeconomic future — has finally arrived before the Board of Supervisors.

Neither developers nor community activists are happy with the plan approved Aug. 7 by the Planning Commission, which sets zoning, policies, and funding levels for new development in the Mission District, eastern SoMa, Potrero Hill, and the Central Waterfront.

Developers objected to the fee levels and affordable-housing requirements, saying they would discourage growth, but the compromise plan of less than $16 per square foot in development fees (which vary widely, depending on many factors) and a maximum 20 percent affordable-housing requirement have left public needs severely underfunded. San Francisco Planning Department estimates indicate the fee structure will yield only about $150 million for the area’s $400 million in infrastructure needs.

“The plan right now is not balanced in favor of diversity and real neighborhood needs,” said Sup. Tom Ammiano, who plans to introduce a long list of amendments to the plan in conjunction with Sup. Sophie Maxwell and neighborhood groups that include the Mission Anti-Displacement Coalition, the South of Market Citizen Action Network (SOMCAN), and the Potrero Boosters Neighborhood Association.

On the other side of the equation, the Residential Builders Association and other developers say the city will end up with little development activity if they ask for too much, and they’re threatening legal action if the city pushes too hard. “Our members certainly aren’t happy, and the industry isn’t happy,” RBA president Sean Keighran told the Guardian, saying the plan allows for too little development. “Many of our members are meeting with attorneys and considering their options.”

The Board of Supervisors Land Use Committee will begin working through the myriad conflicts Sept. 15 with a series of at least four hearings running through Sept. 23, when the plan could head for the full board. But given the complex political dynamics at play — and the fate of Proposition B, the affordable housing set-aside measure that could help narrow the funding shortfall — key parts of the plan could be delayed until at least January, when the new board is seated, making the stakes of this November’s election even higher.

Political priorities will determine the plan’s emphasis, and the balance of power on the board now seems to favor increasing the amount of affordable housing that will be required in the eastern neighborhoods, home to much of San Francisco’s remaining working class. The supervisors also are leaning toward asking developers to pay more for parks and other infrastructure needs.

Planning Department staffer Steve Wertheim said the goal has been to “make the fees as feasible as possible” for developers and “to find a sweet spot” that will satisfy developers as well as community activists. While he said the commission “was as aggressive as possible with the tools we had available, we would have to subsidize every house if we want [more] affordable housing.”

Planners say they are constrained by city studies indicating that developers won’t build if required to offer more than 20 percent of their housing units below market rates. “As a resident of San Francisco, I would love to see housing cheaper. But we can’t make affordable housing requirements so high that we end up getting no housing at all,” Wertheim said. “We’ve done as much as we can, but the whole city has to commit.”

Indeed, the plan’s funding shortfall raises citywide questions. Tony Kelly, president of Potrero Boosters, said the unspoken assumption in the Eastern Neighborhood Plan is that voters will need to approve Prop. B: “This plan is a big argument for the housing fund.” Either the proposition passes or San Francisco simply becomes steadily less affordable for working families.

Keighran thinks there’s been too much focus on affordable housing. “This one goal should not take priority over the other goals,” Keighran said. “We feel we’re being asked for so many different things from so many different people.”

Yet the activists argue that San Francisco will lose its working class and families if the market alone is allowed to determine what kind of housing is built. The city’s own general plan states that 64 percent of new housing should be affordable. The activists are urging the supervisors to prioritize community needs over developer profits.

“It’s a huge, sprawling plan that has a lot of detail, and the details we wanted to see aren’t there,” said Nick Pagoulatos, coordinator of the MAC. “In terms of the housing, it’s a complete disaster for our housing needs…. The housing we’re seeing is the same old housing we’ve always seen in our neighborhoods, which is mostly market-rate housing.”

Given the amount of light industrial land in the plan area that would be zoned for housing — enough for an estimated 7,500 new units — Pagoulatos said the community has gotten very little. The Planning Department estimates that less than 30 percent of the housing developed under the plan will be considered affordable — less than half of what the city needs — and even getting to that level will require more funding, perhaps by creating new redevelopment districts.

Among other problems in the plan, Pagoulatos said there isn’t nearly enough land set aside for the fully affordable projects that nonprofit entities seek to build with city affordable-housing funds. “If we don’t get that, then we didn’t get anything for all the concessions that we’ve made,” he said.

While the plan now includes modest new affordable housing and community benefits requirements for developers who want to exceed the plan’s height and density limits, activists say the community isn’t getting enough for offering this carrot. They propose to require that 100 percent of the units exceeding current entitlements be affordable.

“Our main concern is there isn’t enough affordable housing in the plan,” said Chris Durazo, community planning director for SOMCAN. “We want the Board of Supervisors to get involved and take this seriously. They need to understand how this community is growing. The families here now should be able to remain here.”

SOMCAN formally appealed the Planning Commission’s approval of the plan’s environmental impact report, which didn’t include detailed traffic studies that must eventually be completed. “We’re appealing it based on them punting the traffic and transportation plan,” Durazo said.

Kelly said that was emblematic of the cursory approach planners have taken toward sizing up and providing for the needs of residents in the affected neighborhoods. “This whole plan is going to move forward with less than half the money for neighborhood improvements they say are necessary,” Kelly said. He notes that the population of the 94107 ZIP code could double under the plan, which makes no provisions for increasing transit services for that higher population or securing new land for parks.

“The gap in affordable housing and the loss of light industrial jobs is matched by a lack of funding for community improvements,” said Kelly, who said his association focuses on that latter issue but is supportive of community groups that focus on housing and jobs.

In fact, there has been an unprecedented level of community organizing and collaboration among groups of all political stripes around this plan, work that is expected to pay off more at the board level than at the commission level.

“Because the board and the commission are two very different political bodies, others may come out that weren’t at the commission hearings,” said Wertheim, noting that developers were well-represented at the commission level. “But the one thing I’ve learned from this whole process is not to be surprised.”

Keighran seemed to sense the changing dynamics. “Planning takes methodical procedural work,” he said. “Politicians are not best suited to doing planning.”

But the activists say this plan should be a reflection of the city’s values, not simply a product of discussions between developers and planners. Yet they understand that politics can cut both ways, particularly during an election season.

“Of course we need more housing, but building $6 million condos isn’t the answer,” said Marc Salomon of the Western SoMa Task Force, which broke away from the Eastern Neighborhoods planning process — a process he criticizes. “It’s not about housing people, it’s about investment. It’s ‘How do we give the developers what they want and give the natives the bare minimum, or just enough that they don’t burn down City Hall?'<0x2009>”

Salomon fears the Eastern Neighborhoods will continue to suffer from political pandering. “The [supervisors] are all looking for their next move,” Salomon said. “The discourse has moved so far to the right that you can’t be against market-rate housing. And what they’re doing is developing market-rate housing to suit developers, and at the same time purging this city of progressives.”

Take Lowe’s off the table

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EDITORIAL The battle over a proposed Home Depot store on Bayshore Boulevard several years ago dominated politics for a while in two supervisorial districts and became a nasty battle over race, jobs, small business, and community development priorities that spread citywide. In the end, with Sup. Aaron Peskin providing the swing vote, the Board of Supervisors approved the giant chain store.

And then — as giant out-of-town chains will do — Home Depot abruptly pulled the plug last spring. After all the tumult and the shouting, the bitterness and bad feelings, the big-box retailer decided it really didn’t want a store in southeast San Francisco.

Since then Sups. Tom Ammiano (who opposed Home Depot) and Sophie Maxwell (who supported it) have met and worked together to create a development plan that makes sense for the big empty lot on Bayshore. The two supervisors involved community leaders and tried to create a public process that would prevent the kind of fight the neighborhoods faced over Home Depot.

It was a hopeful sign — until now. Because the owners of the lot — the Goodman family, which once ran Goodman Lumber there — have come forward with a new proposal that’s almost exactly the same as the old one. This time, it’s Lowe’s Home Improvement.

If the supervisors, the mayor, and the community learned anything from the past few years, it’s that big-box chains can’t be trusted and aren’t an appropriate base for community and economic development in San Francisco. The mayor and the supervisors should make it clear now, before we go through another long, ugly battle, that big-box isn’t part of the future of Bayshore Boulevard.

Big chain stores defy all the basic premises of progressive urban planning. They exist and operate on a car-driven suburban model, with large parking lots that attract drivers. They add traffic and pollution to local streets and are inconsistent with the city’s attempts to be a greener, more sustainable community. They pay low wages (in fact, Lowe’s is the subject of a class-action suit in 11 states charging that the chain makes its employees work overtime without pay). The money they make leaves the community immediately, offering little in local economic benefits. And they destroy neighborhood-serving small businesses.

They are, by their nature, monocrop economic entities — when the entire future of an area depends on one so-called anchor store, then the community is vulnerable to decisions made elsewhere. Home Depot could have opened, then been closed after a year. Lowe’s could do the same.

The Eastern Neighborhoods plan envisions a huge new influx of housing into the area, and city planners admit the result will be a loss of blue-collar jobs. So the city can’t let the Bayshore site sit empty for years while some North Carolina–based megaretailer decides the neighborhood’s fate. And the last thing the Bayview, the Mission, and Bernal Heights need is another drawn-out conflict over a home improvement store.

The Mayor’s Office ought to be working with Ammiano and Maxwell to come up with an alternative plan for the area (solar energy? local home improvement stores?) that creates decent jobs, generates tax revenue — and remains true to a sustainable economic and environmental vision for the city. Step one is to take Lowe’s off the table.

PG&E: the best politicians we can buy!

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By Bruce B. Brugmann

For a complete list (2.35 MB) of everyone who signed on to a PG&E-paid ballot argument and a full list of all of the individuals, companies, and nonprofits that got PG&E money in 2007, click here (Excel).

Click here to read Amanda Witherell’s story, PG&E’s blank check: Who is the utility buying off? Start with Newsom, Feinstein, and Willie Brown.

And so there they are, up on the website of PG&E’s front group (www.closeitcoalition.org), in their blizzard of mailers and doorhangers, and on PG&E’s ballot arguments against the Clean Energy Initiative (Prop H):

The best politicians that PG&E can buy!

For starters, as Amanda Witherell lays out in the current Guardian (“PG&E’s Blank check, who is the utility buying off?”) note that the list is headed by two former mayors who churned away for PG&E during their terms in office (Diane Feinstein, of the sellout Turlock/Modesto contracts fame, and Willie Brown, of the “stolen election” and missing ballot box tops fame) and our current Mayor Gavin Newsom, who with PG&E funding and sponsorship is throwing a big expensive party tonight called “Unconvention ’08” at the Democratic National Convention in Denver.

Stop the presses: Guardian city editor Steve Jones sends the following blog item on Newsom’s refusal to allow him to come to tonight’s PG&E party with this email note: “’Due to the high volume of submissions, we were unable to process your request at this time. If tickets become available we’ll send you an e-mail and SMS text with details,’” it said. Unable to process my request? And this is the guy who wants to be governor? I plan to go anyway and see if I can crash the party, backed by my publisher’s promise to bail me out of jail if I get arrested. Wish me luck.”

Alas, maybe Steve’s problem is that he doesn’t qualify for the PG&E donor list or the permitted press list of press people and bloggers who don’t write critically of PG&E or write supportively of Prop H and clean energy and renewables. With Steve, it’s a story whether he gets in or gets kicked out. Watch for it on the Bruce blog.

I am putting up two instructive lists on who PG&E is buying. One is the list of everyone who signed on to a PG&E-paid ballot argument, plus those who paid for the argument themselves. The other is a full list of the hundreds individuals, companies, and non-profits that PG&E gave tens of millions of dollars to in 2007, according to a financial statement PG&E filed with the California Public Utilities Commission.

The key point: go through the lists so that you can pose the right questions: Why did they sign on with PG&E to take chunks of money from PG&E? Why did they sign ballot arguments retailing PG&E lies? Why did they take money for PG&E, what did they do for PG&E (example: what did Willie Brown do for his $200,000 in “consulting services’)? Are they getting money during the campaign and if so, how much and what services are they providing?
I think you will be surprised at who is getting what from PG&E and how embarrassed they will be when you start asking questions. Let me know what you find out.

B3, watching from my office window today’s smoggy fumes from the Potrero HIll power plant, courtesy of PG&E, Mayor Newom, Willie Brown, and Hearst journalism

Ballot Arguments paid for by PG&E:

SF Firefighters Local 798, POA, and David Wong
Professional Property Management Association and Coalition for Better Housing
SF Republican Party
Doug Chan
Anni Chung, senior activist
FDR Democratic Club, under August Longo
Elsa Cheung
SF Hispanic Chamber of Commerce
Nadine Weil and Rev. Sally Bingham
Bay Area Council
Citizens for a Better San Francisco, Michael Antonini, Edward Poole, Harmeet Dhillon
Golden Gate Restaurant Association
Lorena Hernandez and Joe Manzo, residents of Potrero Hill
Asian Pacific Democratic Club
Thom Lynch and Don Cecil
Nancy Lenvin and Claire Pilcher, former PUC commissioners
Mel Lee, Library commissioner
Plumbers and Pipefitters Local 38 and IBEW Local 6
SF Small Business Network
Sandy and Jeff Mori
Amos Brown and Calvin Jones
Rudy Asercion

Not paid for by PG&E:

Jeff Brown
Chamber of Commerce
BOMA SF PAC
Coalition for San Francisco Neighborhoods
Plan C
IBEW Local 1245
James Fang
Harold Hoogasian

City Sued over Care not Cash, again

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by Amanda Witherell

Berkeley-based Disability Rights Advocates filed suit in US District Court today against the city of San Francisco for denying access to shelter beds for disabled homeless people. The suit alleges that Mayor Gavin Newsom’s Care not Cash program sets aside a certain amount of beds that are thus unavailable to disabled people who are banned from the program.

“There are limited resources in the shelter system and there are large numbers of beds that are set aside that people with disabilities don’t have access to as a statutory matter,” said Julia Pinover, DRA’s attorney on the case. “The city has a responsibility to provide services equally.”

Care not Cash, which was passed by voters in 2002, pools the General Assistance money that used to go to individuals into a fund for financing housing and supportive services. People still receive small portions of their $395 GA cash — $29 checks every two weeks – and they’re guaranteed shelter beds in exchange for giving the rest of the cash to the city. Not everyone uses their allocated beds, but they still must be set aside – thus eliminating them from the pool of beds available to other people seeking shelter.

Homeless people who receive Supplemental Security Income, Social Security Disability Insurance, or veterans and disabled benefits do not get GA money and therefore cannot participate in Care not Cash. The suit alleges there are 60 to 80 Care Not Cash beds that go unfilled every night while hundreds of people seeking shelter are turned away. At least 50 percent of homeless people self-identify as disabled, though many consider that a low figure. “Because any person who is eligible for disability benefits is not able to participate in the CNC program even is there is an empty CNC bed at a shelter, a homeless person with a disability may be denied shelter solely because of his or her disabled status,” states the claim.

“Right now the shelter system for disabled people with mental illness is the equivalent to having a shelter at the top of a hill with a giant staircase and you’re in a wheelchair,” said Paul Boden of Western Regional Advocacy Project, a nonprofit homeless rights group based in San Francisco that is party to the class action suit. “It’s being run more like a capitalist venture than a social program. If it was a social program with a soul then disabled people, seniors, and women would be your priorities.”

Money for nothing

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› gwschulz@sfbg.com

Speaker of the House Nancy Pelosi seems to be feeling pretty confident in her reelection prospects this November, despite an independent challenge by high-profile peace mom Cindy Sheehan.

But that hasn’t stopped the San Francisco Democrat from raising big bucks from scores of interest groups who are contributing to her campaign committee and to the political action committee she controls, known as PAC to the Future.

Most of the money she’s raising is going toward assuring her continued power in Washington by giving it to the campaigns of other Democratic members of Congress, particularly those facing tough election battles that could threaten the party’s House majority.

Pelosi’s reelection committee has raised $2.36 million over the past two years, hundreds of thousands more than the average House member, according to federal campaign disclosure records and data maintained by the Center for Responsive Politics.

Her PAC raised an additional $585,000 during the current election cycle and spent $769,000, much of which has also gone to other candidate committees in payments of $5,000 and $10,000.

Many newly elected Democrats in the House represent conservative constituencies, and with her blessing they sometimes vote with Republicans to distance themselves from the party’s perceived liberal leaders like Pelosi, according to a new book published this month, Money in the House: Campaign Funds and Congressional Party Politics (Perseus, 2008). Democratic leaders in the meantime have continued a phenomenal fundraising spree to help protect those House members.

"Speaker Pelosi’s extraordinary financial commitment to her party, and especially to her party’s vulnerable members, illustrates the overriding emphasis congressional parties and members place on money," writes author Marian Currinder, a senior fellow at Georgetown University’s Government Affairs Institute. "And her encouragement of selective ‘opposition votes’ demonstrates the complexity of governing in a highly partisan and highly competitive political environment."

Even the day-to-day reelection expenses of Washington’s unrivaled leading lady are outsize, as Pelosi’s spending records show. In June 2007, she celebrated her 20th year in Congress with a glitzy fundraiser held in the capital’s Union Station that cost at least $92,000 and featured a performance by soul singer Patti LaBelle.

The bill included $25,393 for a slick video production; $61,105 on catering, rentals, and securing the site; $2,000 for hairstyling and wardrobe assistance insisted on by LaBelle; $2,824 on flower arrangements; and $1,396 for chocolates from a Pennsylvania-based confection maker.

Pelosi spent at least $650 from her campaign on makeup for the steady string of appearances she made after being sworn in as House speaker in January 2007. An annual fundraiser held this year at the Westin St. Francis in San Francisco cost $23,454 for catering and other expenses.

As for the top contributors to Pelosi’s reelection committee, they include several members of the Gallo family, proprietors of the E&J Gallo Winery, who gave a total of $23,000 through maximum individual donations of $4,600. The Modesto-based company has long made contributions to both parties, particularly enriching candidates who show a willingness to scale back or even throw out the federal estate tax, which affects the inheritances of the wealthiest American families.

The Corrections Corporation of America gave $2,300 to Pelosi and $2,700 to her PAC. CCA is part of a storied group of for-profit privatization companies in Nashville, Tenn. that are closely tied to former Republican Senate majority leader Bill Frist and includes the Hospital Corporation of America and Ardent Health Services.

Just this year, the state of California hired CCA to house 8,000 inmates at six of the company’s facilities; a significant portion will go to a new $205 million CCA complex under construction in Arizona.

The nation’s largest private jail company suffered bad publicity during the 1990s due to a series of high-profile escapes and inmate killings inside its prisons. It teetered on the edge of bankruptcy after overbuilding jails without having enough inmates available to fill them, but the George W. Bush administration helped save the company with a new homeland security agenda that called for confining rather than releasing undocumented immigrants while they awaited deportation or asylum-request proceedings. The company’s revenue jumped nearly a half-billion dollars over the last five years and its lobbying activities in Washington, DC have increased similarly.

The entertainment industry has ponied up its share to Pelosi as well. The maximum $4,600 donation came from Aaron Sorkin, powerhouse writer behind the long-running TV series The West Wing and the 2007 film Charlie Wilson’s War. Christie Hefner, a regular donor to Democrats and heiress to Playboy Enterprises, contributed $1,000.

Steven Bing, a Hollywood producer who inherited a real estate fortune, and billionaire Las Vegas developer Kirk Kerkorian gave thousands to Pelosi over the last two years. Kerkorian has given to both parties, but he and Bing share a special relationship after having fought a nasty tabloid war.

Kerkorian allegedly hired private investigators to sift through Bing’s trash in search of DNA evidence that would link him to a child borne by Kerkorian’s ex-wife, whom he was divorcing, according to a lawsuit filed by Bing. Vanity Fair in July described Bing as part of a skirt-chasing entourage that ran with Bill Clinton and threatened to tarnish Hillary Clinton’s presidential bid with its freewheeling bachelor reputation.

The wealthy Herbert and Marion Sandler, major supporters of MoveOn.org and other social justice causes, gave Pelosi a combined $9,200. The couple presided over the meteoric rise of Oakland mortgage lender Golden West Financial, which sold to Wachovia for $24 billion in 2006. The housing crisis led Wachovia to post staggering multibillion-dollar losses this summer, and some business writers have attributed its declining fortunes to the Golden West purchase.

In June, George Zimmer of Fremont, founder of the Men’s Warehouse, gave $2,300. Notable husband and wife political team Clint and Janet Reilly, both active as candidates and donors, contributed a total of $19,200 to Pelosi’s campaign and PAC.

"Essentially, raising money for the party and its candidates is required of leaders," Money in the House author Currinder told the Guardian. "Pelosi wouldn’t have been elected speaker if she wasn’t a stellar fundraiser."

So where is Pelosi’s money going if not to television ads for her own campaign? She divided $250,000 among the campaigns of approximately 70 congressional candidates, and disbursed about $532,000 more to them through PAC to the Future. The beneficiaries included $14,000 to Democrat Chet Edwards of Texas, whose district includes President George W. Bush’s Crawford ranch. Pelosi has publicly recommended him to Barack Obama as a possible running mate.

In addition, about half of the money Pelosi has raised since the beginning of 2007, slightly more than $1 million, went to the Democratic Congressional Campaign Committee in Washington, DC. She also gave to the Democratic parties of key battleground states including Indiana, Mississippi, Louisiana, and Ohio. She singled out Democrat Travis Childers of Mississippi for extra cash totaling $21,000. In May, Childers stunned observers by defeating a Republican in a special election held when a representative vacated his House seat to take over for conservative icon Sen. Trent Lott.

"She has had prodigious success raising funds for individual Democratic candidates, for the DCCC, and for her own campaign and PAC," Thomas Mann, a congressional scholar at the Brookings Institute, told us. "Most party leaders represent safe seats but nonetheless try to set a high standard for raising money to advance their party’s broader objectives."

Pelosi’s Capitol Hill and San Francisco offices directed our questions to her fundraising operations at the DCCC. Her political director there, Brian Wolff, called the war chest "another vehicle for her to communicate with constituents in California." But he conceded that the pressure is on, "especially now that we have so many candidates and incumbents that need help. It definitely falls on her to be able to have a very aggressive fundraising campaign."

Wolff insists, too, that the Democrats revolutionized fundraising by seeking out smaller donations from large numbers of people instead of returning to the same short list of affluent contributors they had in the past.

In general, top donations to Pelosi still have come from lobbyists and lawyers, the real estate industry, insurance companies, banking and securities firms, and Amgen, a major biotech researcher based in Thousand Oaks. Officials from the labor movement’s biggest new power broker, the Service Employees International Union, also gave substantial sums, as did other major unions. But they fell far behind the contributions of large business interests.

Art Torres, chair of the California Democratic Party, told us that health care reform failed in 1990s at least partly because of political spending by drug companies. But he said that Democrats winning the White House and expanding their majorities in Congress would create a greater mandate to overhaul the health care system.

"It’s always been about issues" rather than fundraising, Torres said. "When I’ve talked to her, it’s always been about ‘How can we get this or that legislation through?’<0x2009>"

It’s worth pointing out, however, that the nation’s largest drug wholesaler, McKesson Corp., is based in San Francisco, and donors from pharmaceutical companies gave Pelosi more than $85,000 this cycle. Drug companies have given freely to Democrats in the past, but Democratic officeholders "still voted against their interests every time," Torres said.

Pelosi’s campaign spending on everything but her own reelection shows she doesn’t regard Sheehan as much of a threat. But the antiwar candidate did make it onto the ballot Aug. 8 and the Sheehan campaign has raised approximately $350,000 since December in small contributions after refusing to accept money from PACs and corporations.

"We didn’t have the party infrastructure going into this," said Sheehan campaign manager Tiffany Burns, adding that Pelosi’s campaign expenditures are "just another example of how Pelosi believes she is entitled to this seat."

Marian Shelter closing, but not without fight

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Marian Residence for Women has been called a “model for shelter and transitional services for women,” yet it’s closing for good on August 31, adding another 60 beds to the 400+ that have been lost from the San Francisco’s homeless shelter system since Mayor Gavin Newsom took office.

That fact was reiterated once again during an August 7, 2008 City Operations and Neighborhood Services committee hearing on the closure, a mostly somber affair except when Quintin Mecke, chair of the city’s Shelter Monitoring Committee, praised the shelter’s model service, eliciting cheers and applause from the crowd of onlookers – many of whom were current or former Marian residents. “It really is a catastrophic loss,” he added. Mecke and the committee are tasked with monitoring health and safety in the city-funded shelters. Marian receives no city money.

The 60-bed shelter and transitional housing facility is owned by St. Anthony Foundation and, as we previously reported, the nonprofit is short on cash and shuttering the facility. To generate revenue it’s hoping to lease the building – and as testimony at the hearing showed, it’s the city who will be renting the space and converting it to a medical respite facility, thus serving a different, yet equally desperate homeless population.

Currently, medical respite – which provides bed and care for homeless patients too ill for the streets but not critical enough for the hospital – is conducted at two different locations in the city, though the Dept. of Public Health and Mayor Newsom have long desired a single, comprehensive facility.

Joyce Crum of the city’s Human Services Agency said they were working with St. Anthony Foundation to ensure that all of the women staying at Marian would have a place to go. In an effort to ramp up the waning services for women, HSA has also identified a building with 56 units that they plan to lease and devote entirely to housing homeless women. Mayor Gavin Newsom’s homeless policy director, Dariush Kayhan, said the mayor had set aside $500,000 for the project.

That’s a far cry from the $1.3 million St. Anthony spends every year to run Marian Residence. While some might say that’s what it takes to run a model shelter, Kayhan said, “It seems that it’s an unsuitable program design.”

DCCC endorses….

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The newly elected progressive block of the local Democratic Party flexed their muscles during tonight’s endorsements. It was a full house, with only Rep. Nancy Pelosi’s seat empty. She neglected (perhaps purposefully) to send a proxy.

Many of the supervisors’ measures passed — including the Affordable Housing measure and the Clean Energy Act. All of the items put on the ballot by Mayor Gavin Newsom failed, despite a small consistent cabal following his centrist party line. Sen. Dianne Feinstein’s proxy cast steady abstentions on many local issues, with notable “no” votes against Affordable Housing, Clean Energy, and decriminalizing prostitution. She did, however, support Newsom’s Community Justice Center, which some pointed out had already been funded and should have been taken off the ballot.

All the progressive candidates handily won top seats, with David Campos beating out Eric Quezada in the hot district nine race. Nods went to incumbents Elsbernd and Chu. There was a lot of debate over whether to select second and third choices for ranked choice voting in the district supervisor races. Though there were attempts to get second and third seats filled, there was too much division among candidates and enough progressives stuck with “no endorsement” for those seats to keep solidarity behind the top seeded candidate. After some talk about the need to have at least one woman on the slate, Denise McCarthy, running in district three, was the only candidate to receive the second billing, getting votes from Debra Walker and Michael Goldstein, who stepped outside the progressive contingent that was urging a “no endorsement” vote to keep loyalty lined up behind Chiu.

The Clean Energy Act received a healthy majority of 22, with more choosing to abstain than cast a “no.” Tom Hsieh, Joe Julian, Megan Levitan, Mike Tuchow, Dianne Feinstein, and August Longo, voted against it while Laura Spanjian, Scott Wiener, Jackie Speier, Leland Yee, and Fiona Ma, abstained.

The complete rundown, after the jump:

Black exodus emergency

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› sarah@sfbg.com

San Francisco is losing its black population faster than any other large city in the United States — and the trend is unlikely to stop unless the city takes immediate action.

So says a draft report from an African American out-migration task force put together by the Mayor’s Office last year. It wasn’t published in final form early enough to have an impact on the June 3 election, when voters green-lighted Lennar Corp.’s plan to develop thousands of luxury condos in Bayview/Candlestick Point, one of the few remaining African American neighborhoods in San Francisco.

Task force members didn’t get to present their draft recommendations, which include preserving and improving existing housing and producing new affordable housing, until an Aug. 7 public hearing called by Sup. Chris Daly.

The out-migration task force, which used 2005 US Census and state demographic data, places the city’s African American population at 1/16 of San Francisco’s total population in 2005, compared to its two largest minorities, Asians and Hispanics, which make up 1/3 and 1/8, respectively.

"We saw that the African American population has declined by 40.8 percent since 1990, and as a share of the population decreased from 10.9 percent in 1990 to 6.5 percent in 2005," the report states.

"That’s not enough people to fill Candlestick Park," observed Fred Blackwell, executive director of the San Francisco Redevelopment Agency, which has been faulted for deliberately displacing blacks from the Fillmore District during the 1960s and for not doing enough to protect blacks in its Bayview-Hunters Point redevelopment plans.

The task force further projects that the city’s black community will continue to decline to 32,300 in 2050, or 4.6 percent of the total population.

Blackwell cited the lack of affordable housing, as well as a lack of educational and economic opportunity, severe environmental injustice, an epidemic of violence, and lack of cultural and social pride, as the reasons blacks are leaving, or not moving to, San Francisco.

"A lot of people mentioned the notion of being an outsider looking in," Blackwell said. "People can see a Chinatown and a Little Italy, but there wasn’t an area of town that seemed to celebrate the African American community."

The findings were not exactly news to the task force or the black community.

"We could paper the walls of this building with reports that have been made on this issue," said task force chair Aileen Hernandez, citing similar studies in 1995 and 1972.

Fellow task force member Barbara Cohen said the draft recommendations "should have long ago been called the final recommendations."

The Rev. Amos Brown accused Daly of not bonding with the black community. "I’d like to see you coming to church on Sunday, to NAACP meetings, to be down in the trenches, walking arm-in-arm," Brown said. "Let me know next time there’s a NAACP meeting, and I’ll be there," Daly replied.

Calling the city’s black depopulation an emergency, the Nation of Islam Minister Christopher Muhammad urged the Board to take the issue out of Mayor Gavin Newsom’s hands.

"It’s time to begin to change the culture of redevelopment," said Muhammad, who wants to establish endangered community zones in BVHP and the Western Addition.

"It’s revolutionary, but doable," said Muhammad, who characterized the city’s Redevelopment Agency as a "cheap grant-hustling operation" after the agency admitted that it cooked a state grant application this May by claiming it needed $25 million so it wouldn’t have to mothball a project the city and Lennar are developing at Hunters Point Shipyard.

Blackwell defended the mayor.

"This is not a set of recommendations that have been sitting on the shelf," said Blackwell, claiming that Newsom is working to implement a violence prevention plan and rebuild public housing.

Blackwell also recommended expanding the agency’s certificate of preference program citywide, an idea that Sup. Ross Mirkarimi has already placed before the Board.

Newsom reappoints the condo commissioner

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Sup. Tom Ammiano had a short but pointed list of questions for Michael Antonini during a Rules Committee meeting of the Board of Supervisors Aug. 7 held to determine whether Antonini should be reappointed to the San Francisco Planning Commission. Gavin Newsom nominated Antonini for reappointment July 8 after the mayor’s office refused to tell the Guardian last month if he planned to do so.

Newsom’s selection of Antonini requires majority support from the board, and its progressive faction, irked by Antonini’s pro-development tenure, took the opportunity to find out how he planned to help the city ensure that 64 percent of all new housing construction was affordable to low-income residents, as San Francisco’s General Plan calls for.

Antonini told the supervisors he felt the city could move closer to that goal by essentially redefining poverty and raising the threshold for what constitutes a low-income earner, currently based on how much people make compared to the area’s median income. If the percentile was raised, developers could describe as “affordable” costlier housing units that are actually expensive and out of reach to a lot of buyers in the city.

“One of the areas that we’re really having a problem with is middle-income families,” Antonini told the committee, “and without in any way diminishing the number of units we build for lower-income groups, I think that we can accomplish that goal more realistically by having that percentile be higher.”

Ammiano also wanted to know why the planning commissioner backed the construction of a new Walgreens at Cesar Chavez and Mission streets just blocks from two other store locations in the supervisor’s district 9.

“Do you really believe that my district is under-served by Walgreens?” Ammiano asked with a smile.

Redevelopment cooked Lennar grant

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Officials with the San Francisco Redevelopment Agency admitted yesterday that they cooked a state grant application, by claiming that they needed the funds to fill a $25 million gap in the budget of a project that the City is developing with Lennar at Hunters Point Shipyard.

But what they really wanted the monies for, the agency claimed, was to boost a shrinking community benefit fund that was supposedly to be derived from development profits.

The admission came during a hearing into Lennar’s fiscal health. The hearing was requested by Sup. Chris Daly, following the discovery that the San Francisco Redevelopment Agency had applied for, but been denied, a $25 million grant from the state’s Department of Housing and Community Development to subsidize infrastructure costs.

The June 10 grant application discovery, coupled with Lennar’s June 7 bankruptcy filing at Mare Island, heightened concerns that Lennar was planning to mothball the Shipyard/Candlestick redevelopment project, even though voters had greenlighted an increase in the size of that project, just days earlier, on June 3.

Daly’s mothballing concerns were understandable, given that Stephen Maduli-Williams, SFRA’s Deputy Executive Director of Community and Economic Development had claimed, in a May 23 letter to the state that, “without the requested $25,021,079 Infill grant allocation, our infrastructure project faces a serious risk of being mothballed. The project would face increased costs from work stoppage, remobilization efforts and substantial change orders.”

At yesterday’s hearing, Maduli-Williams repeatedly denied that there was any hole in the project’s budget. Instead, he argued that he had manufactured the hole in an effort to increase funds to the project’s community benefit fund.

“This was one of the resources we felt compelled to apply for, because, if successful, it would be a direct benefit to the Legacy Fund,” Maduli-Williams said, noting that 60 percent of the profits from the development go to Lennar, while only 40 percent to the Redevelopment Agency, who will turn these funds over to the Bayview.

Maduli-Williams noted that had the agency received the grant, “it would, if anything, have been a pass-through to the agency, not Lennar.”

As for the “hole in the project,” that these monies allegedly would have filled, Maduli Willians claimed he invented the hole after being turned down in the first round of applications, in which $1 billion worth of applications were vying for only $240 million in grants.

“Without this hole, we were told, we would not qualify,” Maduli-Williams said. “It’s part of our job to turn over every rock we can to benefit the Bayview.”

“Lennar is not in severe financial difficulty,” he added, observing that pursuant to the deposition and development agreement that Lennar signed, a developer is deemed to be in default, if its net worth falls below $400 million.

“Currently, Lennar has $900 milion in cash and has zero corporate debt,” Maduli-Williams claimed. “Yes, there is money to complete the project.”

Breaking: Leno endorses Sanchez

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Just got word that state Assemblymember (and Senator-elect) Mark Leno is going to endorse School Board member Mark Sanchez for supervisor in District 9. “We’ve got his endorsement,” Sanchez just told me by phone. “We’re putting out the press release today.”

That makes two Green Party members the Democratic lawmaker is backing; he’s also endorsed Ross Mirkarimi in D5. Good for Leno not to let the irrational fear of Greens that so many Democrats harbor influence him; this is, after all, a nonpartisan race.

It’s a tough choice in D9 — Sanchez, Police Commission member David Campos and housing activist Eric Quezada are all good progressives and any of the three would be a great supervisor. Quezada, I think, never had much of a chance with Leno; he’s pretty close to Sup. Chris Daly, who was a strong backer of Carole Migden in the bitter Migden-Leno senate race. Campos is close to Sup. Tom Ammiano, who was neutral in the Leno-Migden brawl — but Campos, who is on the Democratic County Central Committee, voted for Aaron Peskin as chair. Leno’s candidate (and he was pusing him hard) was Scott Weiner, who narrowly lost.

Quezada also ran for DCCC, but didn’t win.

Sanchez, as a Green, was able to stay out of both the Migden-Leno fight and the Peskin-Weiner contest. Oddly enough, not being a Democrat may have helped him here.

Campos, by taking the stand he thought was right and voting for Peskin (despite immense pressure), may have scotched any chance of getting Leno’s endorsement. “That’s politics,” he told me. Yes, it is.

(UPDATE: Sanchez corrects me: He endorsed Leno for state Senate months before the election. So the Leno endorsement is even less of a surprise.)

Sandoval, Dufty, Daly attack MOH

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The Mayor’s Office of Housing has come under attack for failing to construct enough inclusionary affordable housing units and for not doing enough financially to help folks facing foreclosures.

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Map of SF foreclosures, as of December 2007.

The charges come as D 11 Sup. Geraldo Sandoval and D 6 Sup. Chris Daly seek to amend off-site inclusionary affordable housing requirements.

The amendments would allow that twenty-five percent off off-site units may be built outside the currently required one-mile radius from a developer’s market rate project.

They would also provide that off-site units cannot be located in industrially-zoned areas, or within one-quarter of a mile of developments containing 200 or more publicly-owned and operated affordable housing developments.

“The fact that not one affordable housing development has been promoted by the Mayor’s Office of Housing or the non-profit sector, in District 11 tells me that something is wrong,” said Sandoval, whose district includes the Outer Mission and the Excelsior and is home to the highest foreclosure rate in the City.

Sandoval noted that when he proposed an emergency fund last year to fight foreclosures, MOH opposed the idea.

“That program went nowhere,” Sandoval observed.
“And every time I have tried to get a non-profit housing developer into District 11, they do not and have not got any help from the Mayor’s Office of Housing,” he added.

Noting that the proposed amendment also amounts to a small program (Twenty-five percent of a 25 percent mandate is a small subset,) Sandoval said, “I can’t understand why the Mayor’s Office of Housing is so eager to oppose it. This is about fairness.”

MOH’s Doug Shoemaker countered that the amendments are “a solution in search of a problem.”

Shoemaker reminded the Board why the supervisors updated inclusionary affordable housing legislation a few years ago to make sure that offsite units were built within a one- mile of developers’ market rate sites.

“It was because affordable units were being built where no one wanted it, under freeways, the far end of city, and remote from retail, services and transportation,” Shoemaker recalled.

“Our main concern,” he said, “is that development will end up being built under the cloverleaf of 101 and 280. Developers seek lowest land prices. They are rational. They seek cost savings.”

Sup. Maxwell sided with Shoemaker, noting that the legislation that Daly and Sandoval seek to amend was put together less than 18 months ago.

“The poorest people need to be where the infrastructure and schools are,” Maxwell said.

Sup. Tom Ammiano also opposed the amendments.
“It takes away a lot of the choices we have,” he said

But Sup. Bevan Dufty supported Daly and Sandoval’s efforts, noting that he’s been seeking more affordable housing in his district in the last years, with almost no success.

“To me this is not a mandate that 25 percent [of these affordable units] has to be a mile away.” Dufty said.

Claiming that if developers proposed inaccessible offsite units, the Board would not support it, Dufty added, “But a little bit of flexibility isn’t a bad thing.”

“This is such a modest proposal. I can’t believe we’re denying it,” Sandoval lashed out.

Sandoval observed that thanks to the MOH opposition to the Board’s proposed $2 million revolving foreclosure fund, all the City has, on the foreclosure front, is a task force and a comprehensive report.
“That’s not the same thing as helping people, “ he said. “If this passes, we might be able to.”

MOH contends it’s been busy trying to put infrastructure in place, so it can help people access the federal foreclosure package that President Bush just signed into law.

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Nationwide foreclosure rate “heat” map.

In the end, the Board kicked Sandoval and Daly’s amendments back to committee.

“Perhaps some massaging is in order,” Daly acknowledged.

Clean Energy Act makes ballot

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› news@sfbg.com

GREEN CITY The San Francisco Clean Energy Act isn’t the only charter amendment on the November ballot, but it’s already shaping up to be the political lightning rod of this fall’s election.

Pacific Gas & Electric Co. sent out mailers opposing the measure even before the Board of Supervisors voted 7-4 on July 22 to place it on the Nov. 4 ballot. Mayor Gavin Newsom also announced his opposition to the act moments after Assemblymember Mark Leno, former San Francisco Public Utilities Commission General Manager Susan Leal, and a cadre of progressive supervisors announced their support for it on the steps of City Hall.

Authored by Sups. Ross Mirkarimi and Aaron Peskin, the Clean Energy Act requires San Francisco to fulfill 51 percent of its electricity needs through renewable sources by 2017. That requirement rises to 75 percent by 2030, and to 100 percent, “or the greatest amount technologically feasible or practicable,” by 2040.

The SF Clean Energy Act also mandates that a feasibility study be undertaken to look at the best way to provide clean, green energy, which could lead to PG&E losing its stranglehold on energy if the study finds public power to be the best option.

Explaining the importance of mandating a feasibility study, Mirkarimi said, “Otherwise PG&E has a monopoly here until the planet dies.”

Supporters say it is important for San Francisco to set up a model that others can follow. “As goes San Francisco, so goes the state of California, and so goes the nation,” Peskin said at the July 22 rally, just before the Board voted to place the act on the ballot. “This is a time when people can change the destiny of the planet.”

Moments after that rally ended, Mayor Newsom took a minute to explain his opposition.

“We have other things we should be focusing on,” Newsom told reporters at a press conference at the War Memorial Building to announce housing bonds for veterans. “Let’s call it what it is. It’s a power takeover of PG&E,” he said.

But the elected officials and myriad organizations who showed up at City Hall to support the Clean Energy Act say that public vs. private power is not the main issue.

“The public power considerations have been drafted in a thoughtful and reasonable way,” Leno told the crowd. “It would involve study after study after study, and testimony from experts.”

Leno noted that 42 million Americans have public power, and if San Francisco did turn to public power, it would be embracing something as American as mom and apple pie. “Unlike their private power company counterparts, public power systems serve only one constituency: their customers,” Leno said.

Sup. Gerardo Sandoval opined that government is better able to assume renewable energy risks. “The private industry is not going to take that risk,” Sandoval said. “It’s always going to take the cheap way out, which is fossil fuels.

Others warned the audience not to be swayed by PG&E’s anti–Clean Energy campaign, which Newsom’s chief political consultant Eric Jaye is working on.

“This is not some crazy takeover scheme,” Leal said. “It’s about protecting the environment and the rights of San Franciscans and their rate payers.”

The Clean Energy Act has been endorsed by the Sierra Club, San Francisco Tomorrow, ACORN, the San Francisco Green Party, the League of Young Voters, Green Action for Health and Environmental Justice, the San Francisco Green Party, and the Ella Baker Center for Human Rights.

Mark Sanchez, president of the San Francisco Board of Education and a supervisorial candidate in District 9, described showing “An Inconvenient Truth” to the eighth-grade science class he teaches. “What can I say to my kids — we don’t have the policies in place to mitigate the damage they see?”

The Sierra Club’s John Rizzo noted, “This act insures that San Francisco is at the center of this economy. Not in Japan, China, or Germany. It will be here.”

Aliza Wasserman of the League of Young Voters stated that “PG&E is not investing $1 in renewable energy beyond state mandates, and they lobby against measures to raise those mandates.”

Summing up SF’s historic rally for clean energy

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By Bruce B. Brugmann and Janna Brancolini (Scroll down for Jean Dibble’s photo essay of the rally and comments by the speakers)

It was a historic rally Tuesday on the City Hall steps to kick off the third initiative aimed at bringing clean energy and public power to San Francisco.

As our photo essay shows, there was a formidable and diverse array of politicians and environmental and social justice organizations lined up with their signs and speeches to support the measure.

Five supervisors, including the board president, spoke at the rally (Ross Mirkarimi, Aaron Peskin, Tom Ammiano, Bevin Dufty, and Gerardo Sandoval) and then went into a board meeting in City Hall and hours later voted with two other colleagues (Sophie Maxwell and Chris Daly) to put the pioneering initiative on the November 2008 ballot. The vote was 7-4, with Sups. Sean Elsbernd, Michaela Alioto-Pier, Carmen Chu, and Jake McGoldrick voting against. The rally and the vote were cannon shots heard round the city, the state, and the nation.

Susan Leal, former general manager of the SF Public Utilities Commission, made her first public appearance since her dismissal by Mayor Newsom, at the urging of PG&E, for her moves toward public power. The Sierra Club, which fought the damming of Hetch Hetchy Valley in Yosemite National Park a century ago and still wants to tear the dam down, was standing tall with the group (John Rizzo).

All in all, it was one of the most impressive starts to a tough initiative campaign that i have seen in 42 years of covering City Hall for the Guardian. More: having covered the clean energy/public power beat since l969 and our first expose of the PG&E/Raker Act scandal, I think this initiative and this emerging campaign has an excellent chance of winning in November. Remember: when the public power movement revved up in the late l990s, it faced a PG&E-friendly mayor (Willie Brown), a PG&E friendly City Attorney (Louise Renne, whose husband worked for a downtown law firm getting big PG&E money) and a PG&E-friendly Board of Supervisors (only Tom Ammiano and the late Sue Bierman were pro-public power) and had to go around City Hall by going the route of a Municipal Utility District (MUD) ala the Sacramento Municipal Utility District (MUD). This time around, the board turned against PG&E and the city attorney’s office drafted the initiative for the board president and an emerging mayoral candidate.

The November ballot is filled with the juicy issues that bring out the voters: Obama, seven supervisorial races, and a raft of good initiatives aimed at dealing with major city problems (an affordable housing plan, two new tax plans focused on bringing in revenue from the wealthy, a big bond act to rebuild San Francisco General hospital, and the green energy and public power plan.) This time around, clean energy and public power are in the news and the media carried the story widely. PG&E is more worried than ever before and is already launched an early carpet bombing campaign and setting up astroturf and greenwashing operations allegro furioso. And their operatives are out and about and lurking everywhere. On guard!

The Jean Dibble photo essay

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Julian Davis, campaign chair, leads off the event and introduces the speakers.
The group stretching across the steps from left to right: representatives from the SF Green Party, the Green Guerrillas Against Greenwash Network, the Sierra Club, Mark Sanchez, president of the San Francisco Board of Education, Julian Davis of San Francisco Tomorrow, John Rizzo of the Sierra Club (speaking), Mirkarimi,
Sierra Club, Green Action, Green Guerrillas Against Greenwash, League of Young/Pissed Off Voters, more Sierra Club, Global Exchange, Power Vote, and League of Young Voters. (Not pictured in this photo were some l5 people from ACORN.

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Another overview of the group with Davis at the microphone.

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Assemblyman Mark Leno: “Jimmy Carter predicted 30 years ago that by 2000 we could be down from 40 per cent dependence on foreign oil to 20 per cent dependence. We didn’t listen. Instead we were up to 60 per cent by 2000 and now we’re pushing 70 per cent…This measure will take our fate out of PG&E’s hands and put it into the hands of our communities, who have a profound stake in providing clean, sustainable, reliable, and reasononably priced electric services.”

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Former PUC General Manager Susan Leal: “This initiative is about protecting the environment and the rights of San Franciscans and their ratepayers…It’s 167 miles (from San Francisco) to Hetch Hetchy (valley.). The first 140 miles of movement is cheaper than the last 27 miles because PG&E controls it. There’s an economic piece and an environmental piece. We have the technology–geothermal and solar trough. How are you going to move that power? We aren’t going to be able to make it (financially) because PG&E jacks up the rates on the last 27 miles. In 20l5 they’re jacking them up again…this is taking back what is ours.”

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Sup. Ross Mikarimi, co-author of the initiative: “This is not a ‘hostile’ take over,”he said. This is a “meaured way to make the city l00 per cent green and clean in 20 years. This act mandates a feasibility study on how we can provide green and clean energy…otherwise PG&E has a monopoly here until the planet dies.”

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Sup. Aaron Peskin, board president and co-author of the measure: “It’s a very profound thought. This is a time when people (and San Francisco) can change the destiny of the planet…As goes San Francisco, so goes California. As goes California, so goes the nation.”

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Sup. Tom Ammiano, author of two previous public power initiatives: “This issue has a sordid history….500 missing ballots (in the first election), where did they go? …It involves environmental justice. Some have called the (green movement) the Queenhouse effect.” He then said PG&E is avaricious, immoral, and takes homophobic measures. “It wants to shoot the messenger.” He concluded, “This is our time. We’re going to win. We’ll keep the lights on for years.”

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Sup. Bevin Dufty: PG&E’s utility undergrounding system is “an example of PG&E mismanaging things.” He said people in his district were without electricity for 24-48 hours. “This is a referendum for change.”

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Sup. Gerardo Sandoval: “As we’re leaving office, a lot of us want this to be our crown jewel. ..Government works. Government works well because government is better able to assume risk. There is still a lot of risk in renewwable energy, investments, and so on. The private industry is not going to take that risk. It’s always going to take the cheap way out, which is fossil fuels.”

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Mark Sanchez, president of the San Francisco Board of Education, said that children in our schools were affected by the ramifications of PG&E’s monopoly.

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John Rizzo of the Sierra Club: “(Al) Gore said the future of civilization is at stake. Gore’s challenge is a moral one–one that we’ve embraced in San Francisco.” He said that “renewable energy and the green movement will change the world’s economy. Not in Japan, China, or Germany. It will be here.”

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Another overview photo.

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Aliza Wasserman of the League of Young/Pissed Off Voters: She warned of PG&Es propaganda campaign claiming to be green. “Take a step back and think about where they’re investing. PG&E is not investing one dollar in renewable energy beyond state mandates and they lobby against measures to raise those mandates.
PG&E is one per cent solar, one per cent wind, and 98 per cent hot air.”

Nicholas Perez, my l4-year-old grandson from Santa Barbara, attended the rally with his dog Charlie.
Early on, as the speakers warmed up on PG&E, Charley summed up PG&E’s position eloquently. He made a timely deposit on the sidewalk in front of the rally. (Nicholas cleaned it up quickly.) Much more to come,

B3, still watching the fumes from the Potrero Hill power plant from my office window at the bottom of Potrero Hill, courtesy of PG&E and Mayor Gavin Newsom

P.S. Incidental question: how can Newsom pretend to be the “green” mayor and be the “green” candidate for governor when he buckles under to PG&E so ignominously? He’s buckled twice to PG&E, first by flip flopping on the Potrero Hill peakers, then on coming out so strong and so quickly against the Clean Energy Act initiative.
Brugmann’s Law: you can’t be a “green” mayor or a “green” anything if you knuckle under to PG&E on the big green issues.

P.S.: A tip of the Potrero Hill martini glass to the seven supervisors who defied PG&E and voted for clean energy: Aaron Peskin, Ross Mirkarimi, Bevin Dufty, Tom Ammiano, Gerardo Sandoval. Sophie Maxwell, and Chris Daly.
The opposition four will be known from now on as the PG&E Four (Sean Elsbernd, Carmine Chu, Michaela Alioto-Pier, and (gulp) Jack McGoldrick). Jake? Jake? What happened to you? Can you please explain? It’s not too late to change your position.

What the candidates need to tell us

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EDITORIAL The traditional kick-off date for fall campaigns is Labor Day, but in San Francisco, the candidates for supervisor have been in full campaign mode for months now, and some of the races are beginning to take shape. As political groups start making endorsements, it’s worth looking at what’s at stake here — and what the candidates ought to be talking about.

For starters, it’s going to be a crowded fall ballot, and there’s the potential for a broad progressive coalition to come together around a clear agenda for the future. Among the proposals headed for the ballot are an affordable housing plan, a green energy and public power measure, two new tax plans that focus on bringing in revenue from the wealthy, and a huge bond act to rebuild San Francisco General Hospital. All of the progressive candidates should be backing those measures and working together for their passage.

But the candidates also need to offer long-term solutions to the serious problems facing San Francisco. This is a city under enormous pressure, and unless some dramatic policy changes take place, San Francisco will continue its rapid slide toward becoming a city of and for the very rich.

A few items that ought to be on every progressive candidate’s platform:

<\!s>The city’s energy future. The fall ballot measure, the Clean Energy Act, will lay the groundwork for a sustainable local energy policy, although the supervisors will have to aggressively push the key element: creating a city-run electric utility. As long as Pacific Gas and Electric Co. controls the local grid, San Francisco will never meet its environmental goals. Rates will remain high, conservation will be an afterthought, and PG&E will resist any type of renewable program it doesn’t control. The candidates need to make clear that they’re committed to a full-scale public power system and tell us how they will move the goals of the Clean Energy Act forward.

<\!s>The housing crisis. San Francisco’s housing policy today is utter insanity. If it continues, the city in 10 years will look nothing like it does now. The middle class will be gone. Families with kids will be a vanishing species. Tens of thousands of people who work in this city — and keep its economy going — will be forced to live far away. Fancy new towers filled with millionaires will destroy entire neighborhoods and displace the city’s remaining blue-collar jobs.

The affordable housing ballot measure is a good first step, but much more is needed. Solutions aren’t easy, but they start with one premise: the city doesn’t need any more housing for the rich. Affordable-housing programs that set aside, say, 20 percent of new units for non-millionaires are a losing game because they accept as reality the prospect of a city where 80 percent of the residents are millionaires.

San Francisco needs a comprehensive policy that forces the city to meet its General Plan goals, which call for 64 percent of all new housing to be available at below-market rates. We need to hear how the candidates would make that happen.

**The structural budget deficit. San Francisco is a wealthy city, but there’s never enough money in the budget for the level of services residents want and need. With the exception of the rare boom years, the city has always had a revenue shortfall. Sup. Aaron Peskin’s two tax measures could bring in another $50 million per year — no chump change by any means. But the city needs about $200 million more per year to make the numbers balance. The candidates need to talk about where that will come from.

**The Muni meltdown. You can’t have a transit-first policy without effective transit, and Muni’s in trouble. Budget cuts are a big part of the problem, but the city needs a modern transit program — and that’s barely even on the drawing board. How are the candidates going to fix one of the city’s most important services? Will the candidates support the long-overdue completion of the city’s bicycle network and other bold efforts to decrease reliance on the automobile?

**The war on fun. As the city gets richer, it gets more uptight. Street fairs are under attack. Clubs are facing police crackdowns. Permit fees and red tape are making it almost impossible to hold events in Golden Gate Park. Sup. Ross Mirkarimi has a ballot measure to make some of the permitting easier, but what are the candidates going to do to end the Gavin Newsom–era attack on arts and entertainment?

There’s much more: The police aren’t solving homicides. Small businesses feel utterly ignored by City Hall. The Planning Department is run by developers. The list goes on. And the next Board of Supervisors will need to address all those issues. Over the next few months, the candidates that want the progressive vote need to give us some clear explanations of where they stand.

Editor’s Notes

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› tredmond@sfbg.com

A couple of years before term limits ended her career as a supervisor, the late, great Sue Bierman took out the homeless-bashers one day with a legendary burst of honesty and logic.

It was the late 1990s, when the Board of Supervisors was made up almost entirely of the handpicked mistresses (his word, not mine) of then-Mayor Willie Brown. Substantive debate was rare.

This particular day, the item before the supervisors was a plan to crack down on alcohol consumption in Golden Gate Park. The wealthier and more uptight denizens of the surrounding neighborhoods were all atwitter about homeless people drinking, and the board was prepared to direct the police chief to round up the miscreants and send them to jail.

Then Bierman weighed in. Excuse me, she said, but the park is where these people live; it’s their home. "And when I’m in my home in the evening, I often have a gin and tonic," she said. "Why do we want to tell homeless people that they’re any less than I am?"

Yeah, some people laughed, but she was dead serious. And she was right.

I thought of Bierman when I read the latest screed by C.W. Nevius, the Chron‘s suburbanite columnist, about a civil grand jury report pointing out what astute housing activists have known for some time now — that many of the panhandlers on the street aren’t homeless people.

Walk through the Tenderloin and actually talk to the people hanging out on the street, and you’ll learn that many live in the supportive housing or low-cost units that the city and nonprofit housing agencies have built or renovated in the past few years. Visit one of their tiny, single-room apartments and you’ll realize why they spend a lot of time on the street; nobody wants to be cooped up in a tiny space all day.

But to understand why panhandling — the horrible evil that has Nevius so up in arms all the time — still goes on, you need to understand something else, a point he left out of his columns.

When Gavin Newsom ran for mayor on a program called "Care, Not Cash," he had a plan: give people a place to live — but in exchange, cut their welfare checks to almost nothing. The CNC recipients get a roof over their heads, which is wonderful, but they then have to survive on about $50 a month plus food stamps.

It’s not enough. So they panhandle.

I’m sorry, but I’m with Sue Bierman. When I come home at night, I immediately pop a cold Bud Light. If I lived in an SRO, I’d do the same thing. And if I couldn’t work or couldn’t find work, and my food stamps wouldn’t pay for beer, I’d panhandle for a six-pack. Better believe it.

Not every person who drinks needs treatment, and not every drug user is an addict. Some are, and the city needs to do what it fails to do now, and provide treatment on demand. But some people who line the streets and ask for spare change are just like the rest of us — except that thanks to Newsom’s program, they’re broke all the time.

Want to stop panhandling? It’s easy and fairly cheap. Raise General Assistance to a level that supports a decent, humane life (and yeah, that might include a beer now and then.) Otherwise, quit whining. Because panhandling is going to be a fact of life.

Nuclear fallout

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› sarah@sfbg.com

As the US Navy prepares to deal with its radioactive past at the Hunters Point Shipyard (HPS) — inviting folks to submit comments by July 28 on its proposed cleanup plan for Parcel B — community members are struggling to understand the threat and its implications.

Bayview–Hunters Point residents and environmental and public health advocates gathered July 8 at City College’s Southeast Community Facility to hear from and question Navy officials, but few came away satisfied. Most expressed doubts about the Navy’s credibility, or confusion about the exact risks to human health and the environment from the plan to clean up radiological, soil, and water contamination.

For the past 25 years, this 59-acre property has housed a colony of artists in the site’s Building 103, in studios rented through the San Francisco Redevelopment Agency. In September the artists will be ejected, either to portables and buildings on the shipyard or to an offsite location, so the Navy can excavate the building’s storm drains and sewers where low levels of radiological contamination have been found.

HPS Base Realignment and Conversion Environmental Coordinator Keith Forman explained at the meeting that when the Navy first presented a cleanup plan for Parcel B in 1997, it had not surveyed for radionuclides, remnants of the shipyard’s military past.

That 2001 survey revealed that there are 14 sites on Parcel B that may have been exposed to radiation, including Building 103. The Navy’s 2004 Historical Radiological Assessment reveals that while Building 103 began as a non-nuclear submarine barracks, Operation Crossroad personnel subsequently used it as a decontamination center after an atomic test went awry in July 1946 in the South Pacific.

In that test, the Navy detonated two bombs the size used on Nagasaki in the lagoon of Bikini Atoll. One bomb, the HRA notes, was an underwater burst called Shot Baker, which "caused a tremendous bubble of water and steam that broke the ocean’s surface."

"Then a huge wave, over 90 feet high … rolled over target and support vessels as well as the islands of the atoll," the HRA records. "Vast quantities of radioactive debris rained down on the target and support ships, islands and lagoon."

Seventy-nine ships were sent to the Navy’s radiological center at Hunters Point Shipyard for decontamination, a site chosen in part because University of California, Berkeley and Stanford University were nearby to support the radiation studies.

The following year, from April through August 1947, the Navy burned 610,000 gallons of radioactively contaminated ship fuel at HPS. Also, workers sandblasting contamination at the shipyard’s dry docks showered in Parcel B’s Building 103, raising the current concern that cesium-137, cobalt-60, plutonium-239, radium-226 (from radioactive decay of uranium-238) and strontium-90 could be present in underground drains and sewers.

The 2004 HRA also identified two plots on Parcel B, IR07 and IR18, as having been used as dumps for radioluminescent devices and possibly more sandblast debris. It also listed a discharge channel between a pump house and Drydock 3 as radiologically impacted.

Currently the Navy is proposing to excavate soil from IR-07 and IR-18, including known mercury and methane spots, and ship it to dumps in Idaho and Utah; fill and seal the suspect discharge channel; cover potentially radiologically impacted soil; and stipulate that these two areas be used as open space in future plans for the base.

The cost of the Navy’s proposed radiological cleanup is $29.6 million. The Navy also proposes spending $13 million on amended soil and sediment cleanup, and $2.7 million on amended groundwater remediation.

Forman told the crowd that the Navy’s old soil remedy was a "bad fit." Excavations were larger than expected, Forman said, and showed no pattern of release. "There was no end in sight for the Navy," Forman said. "It didn’t look as if we were doing what we were meant to do: namely, find Navy-caused spills."

Forman also criticized the Navy’s old groundwater remedy as being "very passive." He proposed a remedy that includes more monitoring along the shoreline and using contaminant-eating bacteria to cleanup groundwater contaminants.

"The old remedy did not consider risks to wildlife and aquatic organisms at the shoreline, whereas the amended remedy will," Forman noted. "It was silent on this issue, yet we know the area has a shoreline."

Ultimately, amending the Navy’s cleanup plan is "about protecting human health and the environment," Forman said.

Green Action’s Marie Harrison was critical of the Navy’s failure to explain the risks in simple terms. "You talked about risk assessment, but you never told us what the risks were," Harrison said. "What is the risk to human life? How is capping going to stop it going into the bay? I’m not a scientist. I don’t have a PhD. I was hoping you were going to give me some kind of knowledge."

Harrison also worried that the Navy was not factoring in the cumulative risks for people living and working in the surrounding community who visit the shoreline to relax. Told that manganese, nickel, and arsenic are present in risky quantities, Harrison was referred to online information at www.bracpmo.navy.mil and to documents housed at the San Francisco’s Main and Third Street libraries.

Other community members criticized the Navy for not doing enough outreach to the Samoans, Latinos, and Asians in the community, and for having taken too long to acknowledge radiological impacts.

"Do you really want us to believe that no one was aware of nuclear waste and spills, given this was a Superfund site?" said Espanola Jackson, a BVHP resident since 1948.

"What I expect you to believe," Forman replied, "is that until 2002, no one who had technical and scientific expertise had looked at the evidence, sifted through history, and done an analysis to put together a radiological assessment."

Jackson also accused the Navy of "fast-tracking the cleanup in order for Lennar to build houses," referring to the efforts of Mayor Gavin Newsom, Speaker of the House Nancy Pelosi, and others to hasten the shipyard’s cleanup and early turnover to the city so the area can be turned into a massive development project pursuant to the voter-approved Prop. G.

"We are not going to accept anything less than total cleanup," Jackson said. "If you have to move that dirty dirt, do it. We need $10 billion. You said $60 million. You can’t even scrape the surface with that amount."

Melanie Kito, the Navy’s lead remedial project manager, replied that the Navy is "chartered to clean up releases of spills from Navy activities. Whatever remedy we put forth, we have to demonstrate that we are protecting human health and the environment."

Kristine Enea, a member of the community-based Restoration Advisory Board, told the Guardian that she felt that the Navy did not do a great job of explaining the risks of contaminants in, say, a major earthquake.

"If there’s an earthquake, would the risk be like getting 10 x-rays at once, or having a three-headed baby?" Enea said.

Pamela Calvert, deputy director of Literacy for Environmental Justice, told the Guardian she’s worried about shipping the contamination elsewhere.

"I’m really concerned that we don’t solve problems in Bayview by creating ones for another community," Calvert said. "It’s best to deal with it here. There is no such thing as ‘away.’ It’s someone else’s backyard."

Saul Bloom, executive director of Arc Ecology, which does contract work for the Redevelopment Agency, said that Calvert’s concerns strengthen the argument for simply capping Parcel B so that the contamination can’t escape rather than removing the material.

Bloom said he blames the Navy’s "incompetence" for the city losing the opportunity to transfer Parcel B early and speed development. "If we’d got rid of Parcel B in 2004, we would have been part of the housing boom, not the housing bust," Bloom said.

He believes the Navy’s proposed plan is acceptable, feasible, and protective, but that "whether it’s the best use given the needs of the BVHP is another debate."

While some residents are arguing for a total excavation of the site down to the sea floor, Bloom disagrees: "I think the covering strategy is a protective solution." He criticized the Navy for only having scheduled 11 days between its July 28 public comment deadline and its final draft, due out August 8.

"I’m concerned about the length of time they’ve allotted for the question that comes up and that no one has the answer to," Bloom said. "I don’t think it is adequate or seemly from a ‘we take your comment seriously’ point of view."

Shipyard artist Rebecca Haseltine, who has rented at Building 103 for 18 years, says that she has consistently trusted Arc Ecology’s advice on the shipyard cleanup. "But I also feel that we still don’t know the half of what happened on the shipyard. The Navy denied that any radioactive material had been used at the base, until a reporter with the SF Weekly published a story about it in 2001."

San Francisco’s undocumented children

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OPINION The recent news stories criticizing the city’s juvenile probation department for sending undocumented children home instead of handing them over to the federal immigration authorities has ignited a firestorm of negative attacks.

However, the stories missed a key fact: the city’s practice of transporting youth home was enacted with the full knowledge and cooperation of the Immigration and Naturalization Service 12 years ago.

San Francisco’s 1989 voter-approved sanctuary law specifically forbids city officials from providing information to federal immigration authorities to aid in deporting noncitizens. While the law does not protect adult felons, it’s silent on the issue of what the city should do with undocumented children after their juvenile cases are concluded.

In 1996 the city’s Juvenile Probation Department drafted a set of policies declaring that undocumented children were entitled to due process of the courts. The policies stipulated that juveniles who wanted to return to their families would be given an airline ticket home after completing their sentences. Children whose families could not be located would be released to halfway homes or foster care, consistent with the way other minors were treated.

In 1993 the INS was sued in the class action suit Flores vs. Reno for unlawfully housing undocumented minors in juvenile correction facilities without access to their families or legal representation. The case settled in 1997 with the INS agreeing that detained children should be placed in the "least restrictive environment," and that every effort would be made to reunite minors with their families.

Prior to the Flores settlement, juvenile probation officials and an attorney for the SF Public Defender’s Office met with representatives from the regional INS office to review San Francisco’s policies.

In 2002 the INS was subsumed by the Department of Homeland Security and became Immigration and Customs Enforcement. While ICE was given the task of prosecuting undocumented children, the Office of Refugee Resettlement, part of the Department of Health and Human Services, was given the responsibility of protecting these children. Unsurprisingly, in the post-Sept. 11 era, ICE took a more aggressive stance against immigrant youth, particularly those involved in the juvenile justice system.

Meanwhile Congress began debating what to do with unaccompanied children who are taken into ICE custody. In 2002, Sen. Dianne Feinstein introduced the Unaccompanied Alien Child Protection Act, stating that "unaccompanied alien minors are among the most vulnerable of the immigrant population." Feinstein noted that "many of these children have entered the country under traumatic circumstances … they are young and alone, subject to abuse and exploitation."

San Francisco’s solution of sending kids home to their families, while imperfect, served at least one purpose: of the seven children represented by my office who were sent home in the last 18 months, none have been rearrested in the United States. San Francisco’s reunification policy was legally justified, fair to youth and their families, and cost-effective.

Jeff Adachi

Jeff Adachi is San Francisco’s public defender.

Editor’s Notes

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› tredmond@sfbg.com

Back in 2001, San Francisco came within 500 votes of approving a public power system in an election marred by lingering evidence of fraud. Ballot boxes were removed from the Department of Elections (under a bizarre, never-documented threat of anthrax poisoning) and box tops were later found floating in the bay. I still think we actually won that election. And it’s hard to see how we could have done it without organized labor.

The Central Labor Council backed public power. Service Employees International Union Local 790 poured resources into it. The labor-environmental coalition that came together around building a city-run system that would rely on clean energy was unprecedented.

Pacific Gas and Electric Co. knows this. That’s why the company is trying mightily to keep labor from backing this year’s Clean Energy Act. And at the center of that battle is Mayor Gavin Newsom’s chief political consultant and close advisor, Eric Jaye.

The Clean Energy Act, as we point out on page 5, would give the city control of its energy future and put San Francisco at the forefront of national efforts to reduce carbon emissions. It also opens the door to public power — and Jaye has been hired by PG&E to try to keep the supervisors from putting it on the ballot, and to defeat it if they do.

He has a powerful weapon to use: labor’s determination to pass a giant bond act to rebuild San Francisco General Hospital.

A billion-dollar bond act is a tough sell, and harder still during a recession. Labor is also making a big push for progressive supervisorial candidates in Districts 1, 3, and 11. And the labor council director, Tim Paulson, tells me that he really wants to keep the city’s disparate and sometimes fractious labor unions united around those goals.

The International Brotherhood of Electrical Workers, PG&E’s union, will oppose any public power measure, any time, no matter what it says, and IBEW walked out of the labor council in 2001 over the issue. Now Jaye is telling labor people that the Clean Energy Act (and other issues that are "crowding" the ballot) may undermine public support for the hospital bond. "I have an early poll showing that these other measures have a negative impact on the hospital," Jaye told me. "I have been pointing to that fact and asking if we really need to do [the Clean Energy Act] this year."

John Whitehurst, who is running the SF General bond campaign, says his polls show that there was no correlation between an affordable housing set-aside measure and the hospital bonds, and presumably the same is true of the Clean Energy Act. On the other hand, he says, "if Jaye runs a campaign that says ‘Gee, the city can’t do anything right,’ it could create problems for the hospital measure."

Would Eric Jaye threaten the SF General bonds (which his client, Gavin Newsom, strongly backs) to keep labor from backing public power? He insisted to me that he would never do that, and that he and the mayor fully back the bonds. But PG&E, I think, cares nothing about the hospital — or the city — and will do whatever it can to scuttle this measure.

So will labor be intimidated by the threat of divisiveness (from the IBEW) and the political scare tactics from PG&E — or will labor leaders tell the mayor to knock it off?

Another privatization success story

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The stock market took another tumble today on the work that Fannie Mae and Freddie Mac, which guarantee a large percentage of the mortagages in the United States, are in crisis and may be nearing collapse. Word is that the Bush Administration may have to step in with a bailout plan that could compare with the massive S&L bailout of the early 1990s.

Why are the two giant corporations, without which the entire housing market could collapse, in so much trouble? Dave Iverson discussed that on forum this morning, and some interesting points came out. According to his guest, Thomas Davidoff, a business-school professor at Berkeley, Fannie Mae and Freddie Mac were doing what short-term profit-seeking companies do — investing in instruments that do well when the economy is doing well, particularly, and ironically, in mortage-backed securities. Now that the housing markets are tanking, and those securities have fallen in value, and the two companies are facing huge liabilities for the mortgages they guaranteed, the taxpayers are going to have to step in.

But here’s what a lot of people forget: Fannie Mae, the Federal National Mortgage Association, was originally a government agency, created by Roosevelt as part of the New Deal. In 1968, it was privatized. Freddie Mac, the Federal Home Loan Mortgage Corporation, was never a public entity, but was created to provide competition in the market when Fannie Mae was privatized. (By the way, these are the outfits that have made the securitization of morgtages possible.)

But of course, both have operated with what finance experts call an “implicit guarantee” of federal backing. Everyone assumes that if they screw up, Uncle Sam will come to the rescue.

So we have the worst of both worlds: A private outfit making bad investment decisions because there’s no real downside fear — and the taxpayers, who have little control over it, having to foot the bill.

Privatization has done such wonders for the mortgage-finance market, eh? Perhaps President Obama and Speaker Pelosi will have enough sense to stop bailing these companies out and turn them back into government agencies.