Jobs

Newsom’s new tax

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When I first saw this press release, I thought: Wow. Gavin Newsom realizes that there’s a $250 million budget deficit, and he’s actually trying to do something about it. We tax cigarettes because they’re unhealthy, why not tax carbon emissions, which are killing the planet — and raise a little money in the process?

Well, damn: There’s a problem. The key word here is “revenue neutral.” Newsom’s going to give tax rebates to anyone who has to pay this new tax. So it brings in no money for the cash-strapped city.

I understand the argument (let’s tax carbon, not jobs) but the payroll tax doesn’t tax jobs; it’s just a way to measure the size of a company. It’s an imperfect measure, as is gross receipts, but it’s one of the few possible measures you can use for a tax. Calling it a tax on jobs is completely misleading, and the mayor knows that.

So why not keep both? Why not simply add a levy on commercial carbon use (and maybe residential, over a certain basline, so it won’t be a regressive tax on renters), and bring in some cash in a way that also discourages environmental waste?

Legends of the follicle

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TRIPLE FEATURE It may be hard to fathom now, but Burt Reynolds was probably the biggest movie star of the 1970s. Other actors of his generation have gained more prestige, made fewer flops, or carried above-the-title status to the grave or today (like Robert Redford, who arguably has zero marquee value left). Reynolds put up a feeble fight as his career ebbed into TV shows, supporting roles, and self-parody. But he had many hits, both high- and lowbrow. He was the first since Bing Crosby to be the top box office star five years in a row. More, he exuded the defining territorial scent of Me Decade masculinity: wearing open wide-lapel shirts with an exposed medallion, smelling of Jovan Sex Appeal ("a provocative blend of exotic spices and smoldering woods interwoven with animal musk tones"), and equally at ease ogling the new secretary, prowling singles bars, and being the complete angler … in a hot tub, preferably.

This supremely confident archetype sported the au naturel mossy mounds of an athletically fit chest. (Later Reynolds became a notorious patron of the topside kind of rug.) He wasn’t "hairy" — he was hirsute, virile. His swagger might’ve evaporated like Samson’s had that pelt — or the manly ‘stache typically hovering above it — been shorn.

Billed as "Three Moustache Rides with Burt Reynolds," Midnites for Maniacs’ Castro Theatre salute presents the star in the very prime of his beef. Two artifacts on the triple bill must be counted among Burt’s greatest misses — one is practically a lost film — while the last was indeed his single greatest hit. But they’re all Burtalicious.

A college football star whose pro prospects ended with a knee injury, Reynolds was discovered onstage in New York, reached Hollywood in 1959, and spent subsequent years doing episodic TV and B movies. He seemed stuck in the second tier until cast as the most defensively capable of four suburban guys facing extreme redneck peril in 1972’s Deliverance. That did it. Even in a harrowingly unpleasant movie, Reynolds oozed charisma. Such cock-of-the-walk confidence led him to pose nude (hand covering genitals) that year in Cosmopolitan. He later complained this particular career move had typed him as a sex symbol who couldn’t be taken seriously. But Burt Reynolds was always first among people not taking Burt Reynolds seriously.

The public liked best the amused wise guy of talk show appearances, particularly when he was running from–slash–smirking at the law in action comedies ideal for the drive-in circuit. His biggest (if not best) was 1977’s Smokey and the Bandit, Midnites for Maniacs’ midnight show. Not far removed is the program’s middle feature, The Best Little Whorehouse in Texas, a felicitous pairing with Dolly Parton that stalled in the transfer from the Broadway stage.

But Reynolds didn’t want to be forever moonshinin’ and doggin’ the sheriff. He wanted to be suave and elegant, like his idol Cary Grant. Thus he dove into At Long Last Love, a film so excoriated in 1975 that it’s never been released on VHS or DVD. This Castro showing might well be its first United States projection since the original run. Love is a throwback to giddy, art deco 1930s musicals. Unwisely, it had Reynolds, Cybill Shepherd, and others not known for their song and dance skills performing vintage Cole Porter tunes live on set.

A gorgeous-looking soufflé that failed to rise, the film met with complete commercial and critical rejection. Hollywood gloated, director Peter Bogdanovich having impressed too many as an arrogant arriviste foisting a "talentless" model-actress girlfriend on the public. (Though Shepherd’s career would ultimately recover better than his.) Still, it has charms — including Reynolds, who makes musical amateurism seem a wry in-joke.

Always haphazard in picking projects (he reportedly turned down James Bond, Die Hard, Terms of Endearment, and Star Wars), Reynolds gradually eroded his stardom. Despite a prestige boost from Boogie Nights (which he thought dreadful until it started getting raves), he’s continued to take work whenever, wherever. He’s now 71 years old, a trooper who can’t or won’t quit, though his odds of ending on a grace note grow remote. He certainly deserves better than Cloud 9, one of eight acting jobs he took last year alone that no one noticed. He has the starring role: coach to an all-stripper volleyball team. Sigh. If he understood that he remains well loved, would he be choosier? Unlikely. The Reynolds archetype is an all-American winner who knowingly pratfalls into loserdom, winking en route. That fallen-jock-angel persona remains sexy. He minted it.

THREE MOUSTACHE RIDES WITH BURT REYNOLDS

Fri/7 (At Long Last Love, 7:30 p.m.; The Best Little Whorehouse in Texas, 9:45 p.m.; Smokey and the Bandit, midnight), $10

Castro Theatre

429 Castro, SF

(415) 621-6120

www.castrotheatre.com

Editor’s Notes

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› tredmond@sfbg.com

OK: a 26-year-old German exchange student was stabbed in the Outer Sunset two weeks ago by a man who appeared to be homeless. It was a terrible incident, an awful crime; we’ll all stipulate that. And although C.W. Nevius, the San Francisco Chronicle columnist, splashed it all over the front page of the Sunday paper Dec. 2, it really shouldn’t have anything to do with how the city sets homeless policy.

But it’s got me thinking.

Nevius is apparently shocked that there’s been a sudden increase in the number of homeless people living in the Sunset. I could have told him and the mayor and the police department a month ago that this was going to happen.

See, thanks to a series of Nevius columns about homeless encampments in Golden Gate Park, Mayor Gavin Newsom got election-year tough this fall and created special teams to go into the park and roust the residents. The mayor, of course, said that all he wanted was to get people into shelters, to get them treatment, to provide them the support that he insists his administration is delivering.

But the fact is, there aren’t enough decent places for all of these people to live. Some day, I still believe, the people in San Francisco (and the people who run the country and the state) will come to their senses and realize that it’s entirely possible to end urban poverty, but that it will take big chunks of money, multiple billions of dollars, and that the wealthy people who like to complain about the folks on the streets will have to pay higher taxes to make it happen. We live in a rich city and a rich country; we can afford to build housing and create jobs and fund welfare programs. We just don’t want to — because we’re Americans and we’ve been told for a couple of generations now that we don’t have to sacrifice for social progress.

In the meantime, no law-enforcement crackdown or Care Not Cash program or shelter system is going to end homelessness in San Francisco. There are going to be people living on the streets because they can’t afford to pay rent on even a nasty single room and they don’t want to deal with the rules and structure of the shelter system.

And I have to wonder:

Weren’t we all better off when we let them sleep in the park?

I know that’s not a terribly satisfying approach to public policy; I know there were and are problems (dirty needles, human waste, befouling of valuable and rare public space) associated with the camps. I know that in theory nobody should be camping in Golden Gate Park; as one city resident reminded me at a neighborhood forum not long ago, the park isn’t a wilderness — it’s a garden.

But nobody should be sleeping in doorways or on sidewalks or in makeshift shelters in industrial areas either. I refer you to paragraph five above.

I ask you (and Newsom and Nevius): where are these people supposed to sleep? No, the park isn’t a home, but a camp hidden in a rarely used corner is more of a home than a bed in a nasty, crowded shelter where you have no rights at all, not even the right to come and go when you want. I know where I’d rather sleep.

Maybe, in the spirit of harm reduction, we should just leave the park campers alone.

City Hall’s budget myopia

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EDITORIAL Mayor Gavin Newsom goes before the TV cameras and announces, grimly, that the city faces a massive budget deficit ($229 million) and all departments will have to tighten their belts. There’s an immediate City Hall hiring freeze, and every agency has to prepare for budget reductions of as much as 13 percent. Things are bleak, the mayor insists, and everyone in the city should be prepared for service cuts.

If it feels like you’ve heard this song before, you have. It happens almost every year, and it’s been that way since the 1980s. And it’s not going to get any better until the city takes a hard look at how it brings in revenue and how that matches annual expenses. Before everyone starts lining up behind the mayor’s budget cuts, that’s what the supervisors need to do.

It’s still early in the budget cycle, and the shortfall numbers are still tentative. So the deficit is really a moving target, and it’s way too soon for anyone to start talking about specific numbers for specific cuts. It’s also entirely possible that the doom-and-gloom budget talk is aimed in part at derailing efforts by Sup. Chris Daly to put a charter amendment on the June 2008 ballot that would set aside $30 million per year for affordable housing.

But we’ll stipulate that the numbers aren’t good and that once again the city will have an unpleasant budget season with worthy causes, organizations, and agencies fighting one another over small bits of available money.

It’s also clear that Newsom’s first response to the problem is entirely wrong. "Although he wants to trim the fat," Newsom’s spokesperson, Nathan Ballard, told reporters, "the mayor made it abundantly clear he doesn’t want to see a reduction in people sweeping streets or police officers walking beats."

In other words, it’s fine if poor people can’t get treated at San Francisco General Hospital or mental health and substance abuse services get eliminated or funds for homeless housing disappear — but the streets will still be squeaky-clean. And for the record, the mayor resisted all efforts to get cops to walk beats and was only forced into approving it after the supervisors overrode his veto.

The hiring freeze is a gimmick: you can’t possibly run an operation the size and complexity of San Francisco city government with critical positions unfilled. What’s actually happened is that Newsom told department heads they can’t hire anyone without getting approval from his office first. So in effect, Newsom has given himself a direct veto over all personnel decisions at City Hall. He’ll simply make sure that the jobs he wants filled and the agencies he wants to continue operating properly will be spared, and others will get squeezed.

It’s a way to set policy without ever publicly discussing it, a way to shift money around without public hearings or input from the supervisors. It’s not a way to solve budget problems.

In fact, balancing San Francisco’s books — now and next year and the year after that and into the future — requires something that’s in short supply at the Mayor’s Office: direct and honest communication.

Here’s the problem: San Francisco, because it’s a city and a county, does a lot more than most other municipalities. And because it’s a city with active groups pushing for humane policies, it’s a city that tries to provide services that ought be paid for by the federal or state governments. In a rational system, San Francisco wouldn’t have to come up with $30 million per year for affordable housing; billions of dollars would be coming out of Washington DC to address poverty, homelessness, and the housing crunch in American cities. San Francisco shouldn’t be setting aside cash from the General Fund for the public schools; the state of California ought to be funding the schools at a level that would make local support unnecessary. And wealthy people in the United States (including in California and San Francisco) would be paying higher taxes to fund those things.

But that’s not the real world. Right now San Francisco has to find local money for pressing needs — and the city is both unable and unwilling to raise that revenue from its wealthiest residents and businesses. So the city budget is perpetually out of whack.

There are only two choices, really: the city can stop trying to do what the feds and state won’t, can back down on its commitment to something resembling a livable community and some form of social justice — or the folks at City Hall can start talking seriously about bringing in another $250 million per year in revenue.

It’s tough to raise taxes in a California city; state law sets high barriers. But it’s not impossible, and if the mayor and the supervisors came up with and campaigned for a comprehensive and progressive overhaul of the city’s tax system — with the goal of making the local rich people who have benefited from the George W. Bush tax cuts pay their fair share — San Francisco could get out of these constant and painful budget problems.

We’re getting sick of waiting.

You’re getting warmer

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>>CLICK HERE FOR OUR SPECIAL GLOBAL CLIMATE CHANGE REPORT

› news@sfb.com

I remember so well the final morning hours of the Kyoto conference. The negotiations had gone on long past their scheduled evening close, and the convention center management was frantic — a trade show for children’s clothing was about to begin, and every corner of the vast hall was still littered with the carcasses of the sleeping diplomats who had gathered in Japan to draw up the first global treaty to curb greenhouse gas emissions. But when word finally came that an agreement had been reached, people roused themselves with real enthusiasm — lots of backslapping and hugs.

A long decade after the first powerful warnings had sounded, it seemed that humans were finally rising to the greatest challenge we’d ever faced.

The only long face in the hall belonged to William O’Keefe, chairman of the Global Climate Coalition, otherwise known as the American coal, oil, and car lobby. He’d spent the week coordinating the resistance, working with Arab delegates and Russian industrialists to sabotage the emerging plan. And he’d failed. "It’s in free fall now," he said, stricken. But then he straightened his shoulders and said, "I can’t wait to get back to Washington, where we can get things under control."

I thought he was whistling past the graveyard. In fact, he knew far better than the rest of us what the future would hold. He knew it would be at least another decade before anything changed.

TEN YEARS WARMER


The important physical-world reality to remember about the 10 years after Kyoto is that they included the warmest years on record. All of the warmest years on record.

In that span of time we’ve come to understand that not only is the globe warming but we’d also dramatically underestimated the speed and the amount of that warming. By now the data from the planet outstrips the scientific predictions on an almost daily basis. Earlier this fall, for instance, the seasonal Arctic sea ice melt beat the old record — by mid-August. Then the ice kept melting for six more weeks, losing an area the size of California every week.

"Arctic Melt Unnerves the Experts," the headline in the New York Times reported. And the scientists were shaken by rapid changes in tundra permafrost systems, not to mention rainforest systems, temperate soil carbon-sequestration systems, and oceanic acidity systems.

Planetary climate change has gone from being a problem for our children to a problem for right about now, as evidenced by, oh, Hurricane Katrina, California wildfires, and epic droughts in the Southeast and Southwest. And that’s just in the continental United States. Go to Australia sometime: it’s gotten so dry there that native Aussie Rupert Murdoch recently announced his News Corp. empire is going carbon neutral.

The important political-world reality to remember about the 10 years after Kyoto is that we haven’t done anything.

Oh, we’ve passed all kinds of interesting state and local laws, wonderful experiments that have begun to show just how much progress is possible. But in Washington DC, nothing. No laws at all. Until last year, when the GOP surrendered control of Congress, even the hearings were a joke, with "witnesses" like novelist Michael Crichton.

And as a result, our emissions have continued to increase. Worse, we’ve made not the slightest attempt to shift China and India away from using coal. Instead of making an all-out effort to provide the resources for them to go renewable, we’ve stood quietly by and watched from the sidelines as their energy trajectories shot out of control: these days the Chinese are opening a new coal-fired plant every week. History will regard even the horror in Iraq as just another predictable folly compared to this novel burst of irresponsibility.

A HINT OF A MOVEMENT


If you’re looking for good news, there is some.

For one thing, we understand the technologies and the changes in habit that can help. The past 10 years have seen the advent of hybrid cars and the widespread use of compact fluorescent lightbulbs. Wind power has been the fastest-growing source of electricity generation throughout the period. Japan and Germany have pioneered, with great success, a subsidy scheme required to put millions of solar panels on rooftops.

Even more important, a real movement has begun to emerge in this country. It began with Katrina, which opened eyes. Then Al Gore gave those eyes something to look at: his movie made millions realize just what a pickle we are in. Many of those millions, in turn, became political activists.

Earlier this year six college students and I launched stepitup07.org, which has organized almost 2,000 demonstrations in all 50 states. Last month the student climate movement drew 7,000 hardworking kids from campuses all over the country for a huge conference. We’ve launched a new grassroots coalition, 1sky.org, that will push Congress and the big Washington environmental groups.

All of this work has tilted public opinion — new polls have energy and climate change showing up high on the list of issues that voters care about, which in turn has made the candidates take notice. All of the Democrats are saying more or less the right things, though none of them, save John Edwards, is saying them with much volume.

THE RACE OF ALL TIME


Now it’s a numbers game. Can we turn that political energy into change fast enough to matter?

On the domestic front the numbers look like this: we’ve got to commit to reductions in carbon emissions of 80 percent by 2050, and we’ve got to get those cuts under way quickly and reduce emissions by 10 percent in the next few years. The marketplace will help — if we send it the message that carbon carries a cost. But only government can do that.

Two more numbers we’re pushing for: zero, which is how many new coal-fired power plants we can afford to open in the US, and five million, which is how many green jobs Congress needs to provide for the country’s low-skilled workers. All that insulation isn’t going to stuff itself inside our walls, and those solar panels won’t crawl up to the rooftops by themselves. We can’t send the work to China, and we can’t do it with the click of a mouse; this is the last big chance to build an economy that works for most of us.

Internationally, the task is even steeper. The Kyoto Accord, which we ignored, expires in a couple of years. Negotiations begin this month in Bali, Indonesia, to strike a new deal, and it’s likely to be the last bite at the apple we’ll get — if we miss this chance, the climate is likely to spiral out of control. We have a number here too: 450, as in parts per million of carbon dioxide. It’s the absolute upper limit on what we can pour into the atmosphere, and it will take a heroic effort to keep from exceeding it.

This is a big change — even 10 years ago, we thought the safe limit might be 550. But the data is clear: the Earth is far more finely balanced than we thought and our peril much greater. Our foremost climate scientist, the National Aeronautics and Space Administration’s James Hansen, testified under oath in a courtroom last year that if we don’t stop short of that 450 redline, we could see the sea level rise 20 feet before the century is out. That’s civilization challenging. That’s a carbon summer to match any nuclear winter anyone ever dreamed about.

It’s a test, a kind of final exam for our political, economic, and spiritual systems. And it’s a fair test — nothing vague or fuzzy about it. Chemistry and physics don’t bargain. They don’t compromise. They don’t meet us halfway. We’ll do it or we won’t. And 10 years from now we’ll know which path we chose.

Bill McKibben, a scholar in residence at Middlebury College, is an author and environmentalist who frequently writes about global warming. McKibben’s essay was commissioned by the Association of Alternative Newsweeklies. Approximately 50 AAN member papers will be publishing the essay this week.

Question of intent

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› sarah@sfbg.com

Sen. Dianne Feinstein, former mayor Willie Brown, Sup. Sophie Maxwell, and Mayor Gavin Newsom in recent weeks have come out in support of a proposed ballot measure that would allow Lennar Corp. to develop thousands of new homes at Candlestick Point, create 350 acres of parks, and possibly build a new 49ers stadium at Hunters Point Shipyard.

The campaign for the Bayview Jobs, Parks and Housing Initiative just launched its signature drive, but the measure should qualify relatively easily for the June 2008 election, given new low signature thresholds and the campaign’s powerful backers.

The measure would give Lennar, which is also involved in Treasure Island and much of the Bayview–Hunters Point redevelopment area, even more control over San Francisco’s biggest chunks of developable land.

But should San Franciscans really reward Lennar with more land and responsibilities when the financially troubled Florida developer has a track record in San Francisco and elsewhere of failing to live up to its promises, exposing vulnerable citizens to asbestos dust, and using deceptive public relations campaigns to gloss over its misdeeds?

As the Guardian has been reporting since early this year (see "The Corporation That Ate San Francisco," 3/14/07), Lennar failed to monitor and control the dust from naturally occurring asbestos while grading a hilltop in preparation for building condominiums on Parcel A of the former Hunters Point Naval Shipyard.

Last month the Bay Area Air Quality Management District’s Board of Directors asked staff to pursue the maximum fines possible for Lennar’s violations, which could run into millions of dollars, particularly if they are found to be the result of willful or negligent behavior.

"It’s clear to everyone in the agency that this case needs to be handled well," BAAQMD spokesperson Karen Schkolnick told the Guardian. "It’s in everyone’s interest, certainly the community’s, to get resolution."

The air district gives parties to whom it issues a warning three years to settle the matter before it goes to court. Lennar officials have publicly blamed subcontractors for failing to control dust and leaving air-monitoring equipment with dead batteries for months on end, but the BAAQMD is treating Lennar as the responsible party.

"It’s air district policy to deal with the primary contractor, which in this case is Lennar, although additional parties may be held liable," Schkolnick said.

Accusations of willful negligence also lie at the heart of a Proposition 65 lawsuit that was filed against Lennar for alleged failures to warn the community of exposure to asbestos, a known carcinogen (see Green City, 8/29/07).

Filed by the Center for Self Improvement, the nonprofit that runs the Muhammad University of Islam, which is next to Parcel A, the suit alleges that the construction activities of Lennar and subcontractor Gordon N. Ball "caused thousands of Californians to be involuntarily and unwittingly exposed to asbestos on a daily basis without the defendants first providing the adjacent community and persons working at the site with the toxic health hazard warnings."

Now fresh evidence from another whistle-blower lawsuit filed by three Lennar employees (see "Dust Still Settling," 3/28/07) shows that higher-ups within Lennar reprimanded and reassigned a subordinate who told subcontractors to comply with mandated plans or face an immediate suspension of construction activities at the Parcel A site.

In an April 21, 2006, BlackBerry message that was copied to Lennar Urban senior vice president Paul Menaker and other top Lennar executives, Lennar Urban’s regional vice president Kofi Bonner wrote to Gary McIntyre, Lennar/BVHP’s Hunters Point Shipyard Project manager, "Gary why do you insist on sending threatening emails to the contractor. If you can no longer communicate directly without the threat of a shutdown … perhaps we should find another area of responsibility for you to oversee. Such emails should only be sent as documentation of [a] conversation."

McIntyre says he was just trying to do his job, which involved ensuring that subcontractors abided by the long list of special health and safety criteria that were developed for this particularly hazardous work site, located in an area long plagued by environmental injustice.

The shipyard is a Superfund site filled with toxic chemicals, and although the 63-acre Parcel A had been cleaned up enough to be certified for residential development, it sits atop a serpentine hill full of naturally occurring asbestos, a potent carcinogen. So the Department of Public Health and the BAAQMD both insisted on a strict plan for controlling dust, which Lennar used to sell the community on the project’s safety.

Yet when McIntyre began insisting in writing that Lennar and its subcontractors adhere carefully to those rules, he was removed from his job. In a work evaluation signed Oct. 17, 2006, Menaker described McIntyre as "a good company spokesperson as it relates to Hunters Point Shipyard" but claimed that he required major improvement in his leadership and communication skills.

"As a manager, he needs to focus on achieving his ultimate mission, rather than focusing on details. Poor communication skills have led to incomplete and often incorrect information being disseminated," Menaker wrote.

The ultimate mission for Lennar — which has seen its stock tank this year as it’s been roiled by a crisis in the housing market — was to get Parcel A built with a minimum of problems and delays. And as concerns about its behavior arose, its communication strategy seemed to be more concerned with positive spin and tapping testimony from financial partners than with putting out a complete and correct view of what was happening.

Whether or not McIntyre was a good Lennar employee, he was at least trying to do right by the community, as records obtained through the lawsuit’s discovery process show. As McIntyre wrote in a three-page response to Menaker’s evaluation, "Our BVHP Naval Shipyard project has unique environmental requirements and compliance therewith is mandatory."

But the record is clear that Lennar didn’t comply with its promises, raising serious questions about a company that wants to take over development of the rest of this toxic yet politically, socially, and economically important site.

BUYING ALLIES


So who is really behind the Bayview Jobs, Parks and Housing Initiative, which does not even have the support of the 49ers, who say they’d rather be in Santa Clara?

The measure was submitted by the African American Community Revitalization Consortium, which describes itself as "a group of area churches, organizations, residents and local merchants, working to improve Bayview Hunters Point." Yet this group is backed by Lennar and draws its members from among those with a personal financial stake in the company’s San Francisco projects.

AACRC founders Rev. Arelious Walker of the True Hope Church of God in Christ in Hunters Point and Rev. J. Edgar Boyd of the Bethel African Methodist Episcopal Church of San Francisco are both members of Tabernacle Affiliated Developers, one of four Bayview–Hunters Point community builders who entered into a joint venture with Lennar/BVHP to build 30 percent of Lennar’s for-sale units at Parcel A. TAD is building the affordable units while Lennar develops the market-rate homes.

Neither Walker nor Boyd disclosed this conflict of interest at a July 31 Board of Supervisors hearing where they and the busloads of people Lennar helped ferry to City Hall created the illusion that the community was more concerned about keeping work going on Parcel A than temporarily shutting down the site while the health concerns of people in the Bayview were addressed.

Referring to reports from the city’s Department of Public Health, which claimed that there is no evidence that asbestos dust generated by the grading poses a threat to human health, Walker and Boyd warned that even a temporary shutdown of Lennar’s Parcel A site would adversely affect an already economically disadvantaged community. There is no way to test for whether someone has inhaled asbestos that could pose long-term risks, and Lennar supporters have used that void to claim all is well.

But even if community benefits such as home-building contracts, better parks, and job training opportunities do trickle down to Bayview–Hunters Point residents, will those opportunities outweigh the risk of doing business with a company that has endangered public health, has created deep divisions within an already stressed community, and is struggling financially?

In a recent interview with the Guardian, Minister Christopher Muhammad, whose Nation of Islam–affiliated nonprofit filed the Prop. 65 suit "individually and on behalf of the general public," described Lennar as "a rogue company that can’t be trusted."

"I’m concerned about the health of the community, as well as the other schools that border the shipyard," Muhammad said. "Our contention is that Lennar purposefully turned the monitors off. If you read the air district’s asbestos-dust mitigation plan, it appears that there was a way to do this grading safely. And the community went along with it. The problem was that Lennar was looking at their bottom line and violated every agreement. They threw the precautionary principle to the wind, literally. And the city looked the other way."

And even if Rev. Walker truly believes the June 2008 Bayview ballot measure is "a chance for all of us to move forward together," does it make financial sense, against the backdrop of a nationwide mortgage meltdown, to give Lennar permission to build thousands of homes at Candlestick Point when this measure doesn’t even specify what percentage of the 8,000 to 10,000 proposed new units would be rented or sold at below-market rates?

Lennar/BVHP has already reneged on promises to build rental units at its Parcel A site, and on Aug. 31, Lennar Corp., which is headquartered in Miami Beach, Fla., reported a third-quarter net loss of $513.9 million, compared to third-quarter net earnings of $206.7 million in 2006. Its stock continues to tumble, hitting a 52-week low of $14.50 per share on Nov. 26, down from a 52-week high of $56.54.

On Nov. 2, Reuters reported that Standard and Poor’s had cut Lennar’s debt rating to a junk-bond level "BB-plus" because of Lennar’s "exposure to oversupplied housing markets in California and Florida." And on Nov. 16 the Orange County Register reported that Lennar is shelving a condominium-retail complex in Long Beach and keeping high-rise condos it built in Anaheim vacant until the housing market bounces back.

Redevelopment Agency executive director Fred Blackwell, who was hired Aug. 30, told us his agency’s deposition and development agreement with Lennar wouldn’t let the company indefinitely mothball its housing units: "The DDA gives Lennar and the vertical developers the option to lease the for-sale units for one year, prior to their sale."

While the agency has been criticized for failing to do anything about Lennar’s problems on Parcel A and letting the company out of its obligation to build rental units, Blackwell said it is able to hold Lennar accountable.

"I feel like the DDA gives us all the tools we need," Blackwell told us. "We have opportunities to ‘cure’ whatever the contractor’s default is, but we can’t just arbitrarily shut things down."

But many in the community aren’t convinced. With the grim housing picture and the 49ers saying they’d rather be in Santa Clara, the only certain outcome from passage of this ballot measure would seem to be a mandate for the city to turn over valuable public lands and devote millions of dollars in scarce affording-housing funds to subsidize the ambitions of a corporation with a dubious track record that is actively resisting public accountability.

True, Lennar has promised to rebuild the Alice B. Griffith public housing project without dislocating any residents, and the measure also allows for the creation of 350 acres of parks and open spaces, 700,000 square feet of retail stores, two million square feet of office space, and improved transit routes and shoreline trails.

But although the rest of the shipyard is contaminated with a long list of human-made toxins, would passage of the initiative mean an early transfer of the shipyard from the Navy to the city and Lennar? And with that shift, the requirement that we put even more faith in this corporation’s ability to safely manage the project?

In October, Newsom, who was running for reelection at the time, told the Guardian he was worried about Lennar’s ability to follow through on "prescriptive goals and honor their commitments."

"We have to hold them accountable," Newsom told us. "They need to do what they say they’re going to do. We need to hold them to these commitments."

But how exactly is the mayor holding Lennar accountable?

In March, when the Guardian asked Newsom’s office if he intended, in light of Lennar’s Parcel A failures, to push ahead with plans to make Lennar the master developer for the 49ers stadium and Candlestick Point, the Mayor’s Office of Communications replied by referring us to Sam Singer, who has been on Lennar’s PR payroll for years.

On Nov. 18 the Chronicle reported that Singer was on the campaign team for the Bayview ballot initiative, along with former 49ers executive Carmen Policy, Newsom’s campaign manager and chief political consultant Eric Jaye, Newsom’s former campaign manager Alex Tourk, political consultant Jim Stearns, and political advertising firm Terris, Barnes and Walters, which worked on the 1997 49ers stadium bond and the 1996 measure for the Giants’ ballpark, both approved by voters.

In recent months Lennar has asked the Guardian to send questions to its latest PR flack, Lance Ignon, rather than Singer. In reply to our latest round of queries, about lawsuits and air district violations, Ignon forwarded us the following statement: "The record is abundantly clear that at each and every stage of the redevelopment process, Lennar has been guided by a commitment to protecting the health and safety of the Bayview–Hunters Point community. Lennar has fully cooperated with all relevant regulatory agencies and public health professionals to determine whether grading operations at the Shipyard pose a health threat to local residents. After months of exhaustive analysis, numerous different health experts — including [the Agency for Toxic Substances and Disease Registry] — concluded that the naturally occurring asbestos did not present a serious long-term health risk. Lennar will continue to work with the San Francisco Department of Public Health and other regulatory agencies to ensure the health of the community remains safeguarded."

Actually, the ATSDR report wasn’t quite that conclusive. It took issue with the faulty dust monitoring equipment at Parcel A and noted that exposure-level thresholds for the project were derived from industrial standards for workers who wear protective gear and don’t have all-day exposure. "However, there are studies in the scientific literature in which long term lower level/non-occupational exposures (from take home exposures and other areas of the world where naturally occurring asbestos occur) caused a low but epidemiologically detectable excess risk of mesothelioma," the ATSDR-DPH report observes.

It’s not surprising to see Lennar gloss over issues of liability, but it’s curious that Newsom and other top officials are so eager to push a proposal that would give Lennar control of Candlestick Point and perhaps result in a 49ers stadium on a federal Superfund site — without first demanding a full and public investigation of how the developers could have so miserably failed to enforce mandatory plans at Parcel A.

This fall the Newsom administration was peeved when the San Francisco Board of Education, which includes Newsom’s education advisor Hydra Mendoza, and the Youth Commission unanimously called for a temporary shutdown of Lennar’s Parcel A site until community health issues are addressed.

These demands were largely symbolic, since major grading at the site is complete, but the Mayor’s Office shot back with a Nov. 2 memo including the request that city department heads and commissions follow the example of the Hunters Point Shipyard Citizens Advisory Committee and the Bayview Project Area Committee, which have said they won’t hear further testimony on the dust issue "unless and until credible scientific evidence is presented to contradict the conclusions of the DPH, CDPH, UCSF and others that the construction dust at the Shipyard had not created a long-term or serious health risk."

Such complex points and counterpoints have been like dust in the air, preventing the public from getting a clear picture of what’s important or what’s happened at the site. But a careful review of the public record shows that, at the very least, Lennar has failed to live up to its promises.

PAPER TRAIL


As records obtained through a whistle-blower lawsuit’s discovery process show, Lennar employee McIntyre was reprimanded for e-mailing a group of Lennar subcontractors including Gordon N. Ball, Luster National, and Ghirardelli Associates and demanding that their traffic-control plan implementation be in place before Gordon Ball/Yerba Buena Engineering Joint Venture "begin using (oversize construction equipment) scrapers or articuutf8g trucks on Crisp Road."

In court depositions, Menaker, who became McIntyre’s supervisor in April 2006, claimed he "never told McIntyre that he should not raise issues related to what he perceived to be deficiencies in Gordon Ball’s dust control measures.

"Rather, I repeatedly advised him that management by e-mail would not accomplish the goal of improving Gordon Ball’s performance and that he needed to communicate with Gordon Ball and others on the project in a more effective fashion. As a result of my observations of his job performance and the feedback from others … on Aug. 1, 2006, we brought in other professionals to assist with duties initially assigned to McIntyre."

But public records reveal that things continued to go awry at the site, long after the bulk of McIntyre’s construction field-management duties were transferred to David Wilkins, an employee of Lennar subcontractor Luster National.

According to a report filed by the city’s Department of Health, on July 7, 2006, the DPH’s Amy Brownell drove to the Lennar trailers and informed McIntye that Lennar was in violation of Article 31, the city’s construction-dust ordinance, after she observed numerous trucks generating "a significant amount of dust that was then carried by the wind across the property line." She even observed a water truck on the haul road doing the same thing as it watered the road.

On Aug. 9 — eight days after McIntyre was relieved of his field-construction management duties and seven days after Lennar declared it could not verify any of its air district–mandated asbestos-monitoring data — Brownell drove to the Lennar trailers and spoke with McIntyre’s successor, Wilkins, about dust problems generated by hillside grading, haul trucks, and an excavator loading soil into articulated trucks.

"Every time [the excavator] dumped the soil into the trucks, it created a small cloud of visible dust that crossed the project site boundary. There was no attempt to control the generation of dust," Brownell observed in her Aug. 9, 2006, inspection notes.

On Sept. 21, seven weeks after McIntyre’s transfer, Brownell issued Lennar an amended notice of violation when it came to her attention that construction-dust monitors hadn’t been in place for the first two months of heavy grading.

On Dec. 8, 2006, five months after McIntyre’s reassignment, Lennar got slapped with another violation after DPH industrial hygienist Peter Wilsey observed on Nov. 30, 2006, that "dust from the work, particularly from the trucks on the haul road, was crossing the property boundary."

And on Aug. 17, a year after McIntyre left, the DPH issued Lennar its most recent violation for not controlling dust properly. But this time the notice included a 48-hour work suspension period to establish a dust-control plan monitor to be supervised by DPH staff, with costs billed to Lennar.

"The issuance of notices of violations shows the regulatory system is working," Brownell told the Guardian. "Dust control on a gigantic project like this is a continuous, everyday process that every single contractor has to do properly. That’s Lennar’s issue and problem. At DPH, we feel we have enough tools to do inspections, which Lennar gets billed for. And if they violate our requirements again, we’ll shut them down again. Or fine them."

So far, the DPH has not chosen to fine Lennar for any of its Parcel A dust violations.

"We considered it for this last violation but decided that shutting them down for two days was penalty enough," Brownell says, adding that while she’d "never just rely on air monitors, a monitor helps when you’re having problems with dust control, because then you can say, ‘Here’s scientific proof.’<0x2009>"

And scientific proof, in the form of monitoring data during the long, hot, and dusty summer of 2006, would likely have triggered numerous costly work slowdowns and stoppages. According to a memo marked "confidential" that the Guardian unearthed in the air district’s files, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction" and "Gordon Ball would have to idle about 26 employees at the site, and employees tend to look for other work when the work is not consistent."

After Rev. Muhammad began to raise a storm about dust violations next to his nonprofit Muhammad University of Islam, Lennar Urban senior vice president Menaker accused him of being a "shakedown artist" when he refused an offer to temporarily relocate the school.

But Muhammad told the Guardian he refused the offer "because I didn’t want the school to be bounced around like a political football. And because I was concerned about the rest of the community."

Muhammad said he’s trying to sound the alarm about Lennar before it takes over all of Hunters and Candlestick points. As he told us, "This city is selling its birthright to a rogue company."

TRIGGER TIME


So what does the BAAQMD intend to do about Lennar’s enforcement record past, present, and future?

At an Oct. 29 hearing on asbestos dust, the BAAQMD Board of Directors unanimously instructed staff to pursue the maximum fines possible for Lennar’s Parcel A violations.

Air district staff tried to reassure the public that the "action levels" the BAAQMD set at the shipyard are health protective and provide a significant margin of safety.

Health impacts from unmonitored exposures, BAAQMD staffer Kelly Wee said, "are well within the guidelines," claiming a "one in three million" chance of developing asbestos-related diseases.

BAAQMD board member Sup. Chris Daly, who as a member of the Board of Supervisors voted July 31 to urge a temporary shutdown of Lennar’s Parcel A site, praised the air district for "moving forward with very conservative action levels.

"But these levels are political calls that are not necessarily scientific or health based," Daly added. "The initial violation, the one that, according to Lennar, CH2M Hill is responsible for, we don’t know what those levels of asbestos were, and that’s when the most significant grading occurred.

"The World Health Organization and [Occupational Safety and Health Administration] scientists are very clear that any level of exposure to asbestos comes with an increased health risk, and if you are already exposed to multiple sources, this becomes more serious," he said, referring to the freeways, power plants, sewage treatments plants, and substandard housing that blight the community, along with the area’s relatively high rate of smoking.

The BAAQMD’s Wee told the organization’s board that Lennar did not conduct proper oversight of its contractors and did not properly document the flow of air through its monitors but did discover and report its lapses in August 2006.

"Lennar exceeded the air district’s work shutdown level on at least 23 days in the post–Aug. 1, 2006, period, which is when the developer was monitoring asbestos dust," Wee observed, noting that the air district has two additional notices of violation pending against Lennar for 2007: one for overfilling dump trucks, the other for failing to maintain enough gravel on truck-wheel wash pads.

BAAQMD spokesperson Schkolnick later confirmed to the Guardian that the air district issued Lennar a notice of violation on Oct. 26 for failing to control naturally occurring asbestos at Parcel A, where grading is finished, but Lennar subcontractor Ranger is digging up the earth again to lay pipes.

"It’s time for the board to make sure the air district is as aggressive as possible to protect residents and sensitive receptors," Daly said. "Asbestos is carcinogenic. The state and federal government knows it. That was why there was an asbestos-dust mitigation plan. The air district asked for air monitoring because of the site’s proximity to a school. The air monitors were sold not just to the city but to the public as the major safeguards to the community, especially sensitive receptors, but during the most gigantic grading period and perhaps the most gigantic exposures, we don’t know what the levels of asbestos were."

Fellow BAAQMD board member Sup. Jake McGoldrick, who was a key swing vote against urging a Lennar work stoppage at the Board of Supervisors meeting in July, is now joining Daly in demanding full enforcement of the law.

"The July 31 resolution had no way to force Lennar or the SFRA to do anything," McGoldrick told the Guardian, explaining why he’s now taking a stronger stance. "It seemed that we’d reached the conclusion that the community didn’t want to shut down the project, since it included 31 percent affordable housing, and that the work was essential in terns of revitalizing the area and that the evidence presented seemed to show that everything is now under control."

But because the coalition of Lennar supporters — who didn’t mention they are on Lennar’s payroll until after the July 31 resolution failed — is now pushing a ballot measure to vastly expand Lennar’s control in our city, McGoldrick is demanding answers and accountability.

"We want to look into whether Lennar screwed up deliberately, and if so, fine them to the hilt," McGoldrick said. "But let’s get the project on Parcel A going, because the grading has been completed and it will be beneficial to the community."

McGoldrick claimed that in July he and Daly knew they had an air district hearing coming.

"And we knew where the strongest action could be taken in terms of sticking it to Lennar and showing them we won’t just be looking over your shoulder, we’ll be standing on it," McGoldrick told us.

"A fine means we have warned you — and we’ve got a gun to your head. It means if you don’t act properly, we can pull the trigger," McGoldrick said, noting that at the time of the July 31 vote the Parcel A grading was essentially done and no one could present any solid evidence that the public health had been harmed.

"So now the question is: did you or did you not do this? [A maximum fine of] $75,000 a day for 383 days, even if it’s not a lot of money to Lennar — it’s a lot of embarrassment," McGoldrick said.

But if Lennar tries to delay settling with the air district to avoid fines until after the June 2008 election, will its perceived unwillingness to face consequences backfire at the ballot box — and soil Newsom’s reputation as a great environmentalist in the process?

As McGoldrick observed, "Some of us are having serious second thoughts about going forward with Lennar. Our feeling is, you should sit down and cooperate with the air district and settle this thing with them. And you know darn well that we are standing there, ready to pull the trigger."

He framed the issue this way: "We’re saying to the Mayor’s Office, you guys have a responsibility [to ensure Lennar is accountable] before you give them another 350 acres — on top of the 63 acres they already have — just to save the mayor’s butt, since he blew it with the Olympics and the 49ers."

LENNAR BY THE NUMBERS

Number of days Lennar Corp. had been in violation of air district monitoring rules, according to the Sept. 6, 2006, citation: 383

Fine, per day, for vioutf8g the air district’s plan: $1,000–$75,000, depending on intent

Maximum fine Lennar faces: $28.7 million

Fine, per day, for vioutf8g the city’s construction-dust plan: $5,000

Number of cited violations of city’s construction-dust control plan: 5

Daily cost Lennar claims for stopping work at Parcel A: $40,000

Amount Lennar paid subcontractors for grading Parcel A: $19.5 million

Amount Lennar paid Sam Singer Associates for public relations work in 2005: $752,875

Amount Lennar paid CH2M Hill for environmental consulting work: $445,444

Parcel A acreage: 63

Acreage Lennar controls on Treasure Island: 508

Percentage of rental units promised at Treasure Island and Yerba Buena Island: 27

Number of rental units Lennar is building at Parcel A: 0

Acreage in the Bayview Jobs, Parks and Housing Initiative: 780

Number of rental or below-market-rate homes in Bayview initiative: Unknown

Lennar’s share price Nov. 26: $14.50 (a 52-week low)

Lennar’s stock’s 52-week high: $56.54

Civil service bait and switch

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› gwschulz@sfbg.com

Roger Gainey thought he had what it takes to become a supervisor at the San Francisco Juvenile Probation Department.

He certainly met the basic criteria: "May be required to restrain hostile or agitated youth…. Requires ability to work in stressful situations…. Minimum four years of verifiable professional experience as a juvenile probation officer."

Gainey has worked as a probation officer in the department for eight years and received satisfactory performance evaluations from superiors. His big, muscular frame commands attention from people around him, even violent young toughs. But his soft facial features and cool manner seem to convey the thoughtful side necessary to work with directionless teens. "I’ve worked in all of the units," he told the Guardian, "pretty much throughout the whole department."

Most of all, Gainey, an African American, earned the top score on a difficult civil service exam that was offered in March for the first time since Gainey began at the department, beating 24 other applicants gunning for the same promotion.

So why did department managers skip over him and select four other applicants with lower scores on the combined written and oral test?

Alphanso Oliphant, who’s also black, believed he too possessed all of the right qualities to become a supervisor and lead 10 to 12 staffers in this often tense environment. He’s worked as a juvenile probation officer for 21 years and earned the second-highest score.

But he was also passed over for advancement.

Oliphant speaks deliberately, with a soothing voice, his visage distinguished by weary eyes and a slender moustache. He and Gainey wore well-pressed suits and detention center access badges around their necks as we met recently over lunch in West Portal, not far from the department’s central office on Woodside Avenue.

"I’ve had numerous supervisors," Oliphant said. "Not one has ever, ever raised the issue of inability to perform, inability to communicate properly, inability to work with the families. That’s all verifiable."

Gainey’s current assignment involves working with about 40 young people at a Juvenile Probation Department–affiliated school known as the Principal Center Collaborative Campus, where many of the students have drug and alcohol problems and require mental health services.

Oliphant is a court officer responsible for presenting the department’s recommendations for cases appearing on the docket each day — the top task he can perform under his current job classification.

The department first announced the available supervisory positions in January, and three days’ worth of examinations were taken by applicants this spring. But in the week following the test period, a personnel manager for the department named Samuel Kinghorne made an agreement with a union representative from the Operating Engineers Local 3 (who did not return calls seeking comment) to change a long-standing civil service rule reguutf8g how individuals are promoted.

The cornerstone of the city’s civil service system is its merit component. By requiring that applicants for available positions be given exams, the city can ensure that those with the highest qualifications will get the job. The Civil Service Commission here is one of the oldest in the nation, in fact, first formed in 1900 as a response to the entrenched municipal cronyism rampant in cities around the nation, including San Francisco.

For years top scorers on civil service exams were selected for open positions under what’s known as the rule of three. It required managers to promote from among those who earned the highest scores, which surely would have meant new jobs for Oliphant and Gainey.

The rule of three became official city policy in San Francisco nearly 20 years ago, and the concept has existed at the federal level for decades as a way to prevent patronage and favoritism.

At the time the job openings were announced, however, the Juvenile Probation Department was negotiating with Local 3 over an alternative selection process called the rule of the list, which is permitted under city guidelines only if applicants are notified of the change at the time the job openings are announced. The rule change allowed managers — in this case juvenile probation chief William Sifferman — to promote from a much larger group of applicants, including those who had earned lower scores on the exam.

But the change was not agreed on until months later, just after the tests were taken, leading Oliphant and Gainey to believe the department tinkered with the promotion process only after it learned who had made it to the top of the list.

"When a black man is in a position to make that touchdown, the goal line moves," Oliphant said. "The goal line moved here."

Department personnel analyst Barry Biderman, who was involved in the negotiated rule change, says it took months to settle because he was simply having trouble getting in touch with the union. "I had left messages with the union a number of times," he said. "The formal letter just took a while to sign."

Sam Kinghorne, who finalized the change with the union, insisted there was "nothing illegal about that" but mostly refused to comment, pointing to union grievances filed by Oliphant and Gainey. "You guys are barking up the wrong tree," Kinghorne said. "I’m not going to give you a spicy story. But remember that it’s up to the appointing officer to [make the selection]."

That’s true. As long as the rule of the list is in place, the department head can pick whomever he wants for the job from among those who passed the test, narrowly or not. The decision maker was Sifferman, but he called it a "personnel matter" and refused to explain why he selected four people for promotions other than Gainey and Oliphant, including one applicant who scored a 937 to Gainey’s 1060.

"I followed the process as it was described in the job announcements and all of the procedures that were outlined there," Sifferman said.

Carl Bellone, a longtime public administration professor at California State University, East Bay, concedes that the rule of the list may "lend itself to more potential for abuse" than the rule of three.

The trick is finding a balance between a century of civil service rules designed to ensure clean government and the reality that top test scorers may not always be the best candidates. "Ironically, a lot of people wanted to go to the rule of the list for affirmative action reasons," Bellone said. "You can go lower on the list to select a woman or African American."

But the rule of the list can also allow managers and politicians to limit promotions to loyalists who will do their bidding, or exclude those who aren’t afraid to openly criticize an agency’s performance.

"It completely and totally … prostitutes the promotional process," said Gary Delagnes, president of San Francisco Police Officers Association, which has long resisted the rule of the list. "If you give an exam — any exam — and you tell the person that finished number one, ‘We’re not going to give you this promotion, because we don’t think you’re up to the task,’ then what’s the point? You might as well go in alphabetical order."

Regardless of motive, the move by Juvenile Probation Department managers at least looks unseemly, considering Oliphant and Gainey are black (one African American woman was selected; the rest were not black). So each filed a complaint with the federal Equal Employment Opportunity Commission and the San Francisco Civil Service Commission.

The timing of the new selection rule "suggests the change was made solely to give management the ability to exclude certain individuals from promotion and allow other, lower scoring individuals, to [advance]," Gregg Adam, a lawyer for the duo, wrote to civil service officials and the San Francisco Department of Human Resources in August.

The union that agreed to the rule change didn’t even represent Gainey and Oliphant — Local 3’s rank and file are supervisors, the title the men were hoping to attain. Officials at the Human Resources Department looked into the matter but insisted in a report called for by Adam that management had done nothing wrong. The Juvenile Probation Department was unaware of the test results before it changed the promotion policy because its outside consulting firm hadn’t graded them yet, the September report concluded. It also said that the rule of three policy allows for a slightly broader pool of eligibility when more than two positions are vacant.

On the other hand, the report does acknowledge that managers began grading the oral portion of the exams right away. And the list of those who were promoted wasn’t unveiled until August, long after the tests were first administered and all of the scores were in. But "there was no evidence" that the rules were changed in an attempt to discriminate against Gainey and Oliphant, according to the report.

Anita Sanchez, executive officer of the Civil Service Commission, recently finished a probe for her department and told us she believes the Juvenile Probation Department management’s claim that they had no idea who had earned top scores on the test before broadening the list of applicants eligible for promotion.

But Gainey and Oliphant say the experience has soured them on the Juvenile Probation Department.

"A lot of the kids were rooting for me at the [Principal Center Collaborative Campus]…. They were all cheering me on," Gainey said. "Then all of a sudden they found out I didn’t get it. The kids were more hurt than I was." *

Pyramental

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› superego@sfbg.com

SUPER EGO Books are cool, and they can make you taller. Often they even tell you things, things you never thought you’d want to know. They’re like platform heels that talk! But they speak in a flippant whisper, and what they say is delicious.

Sure, books may not be able to dish on how Tyra got rid of her "vag arms" this season (hello, Scotch tape in her hairy pits) or why that one annoying girl on the 22 Fillmore’s still pumping that goddamn "Hot Pocket, drop it" song on her tinny-ass cell phone over and over, a mound of discarded sunflower seed shells scattered around her pastel Superfecta IIs. (Please go download some Lupe Fiasco "Superstar" to your knockoff Chocolate already, sweetie. Seriously. It’s November.)

What books can tell you sometimes is that you’re right. I love that! Take The Warhol Economy: How Fashion, Art, and Music Drive New York City, by Elizabeth Currid, a new spine that fingerless-gloved intellectuals are cracking all over the Muni. It basically argues that — fuck Wall Street — the arts are the real forces that drive Manhattan’s hopping money market. (Too bad the best new artists can only afford to live in Queens now.) And guess where the linchpins are? Where art, fashion, and music intersect and all the brainy hotties trade lucrative ideas? That’s right: night clubs. All the fabbest deals are made on the dance floor, Ms. Elizabeth says, and nightlife, in which "creative minds set the future trends," should be boosted to top priority by any wannabe successful city, extralegal activities be damned. Of course she’s talking about New York, so her tome’s a tad inapt for our little blow jobs–for–tourists trade show here. But still, nightlife rules! One day it’ll make us all rich and famous! In your face, space coyote.

Speaking of books: I once dated a tech bear. It was the mid-’90s, the Interweb was still shiny, and bears hadn’t morphed into hedge-trimmed candy ravers yet. Don’t hate! Tech bears were hot — I’m still an all-day sucker for them — and this one, like so many others of his ilk, not only could build a Unix server out of two Cherry Coke cans and a pizza box but also spent his nights tripping on krunk and composing ambient electronic odes to his heroes Brian Eno and Arthur Russell. I couldn’t drag his ass onto a dance floor to save my life, but his windowless bedroom in the Tenderloin was a glittery cornucopia of strobe effects and rapid-fire bleeps. Go figure.

If only there had been some kind of school for him to attend, some place that would have guided him toward a career in digital-audio arts before he blew his mind on meth and moved back to the Midwest to become a gay trucker for Montgomery Ward!

Better late than never, maybe; now there is. Pyramind, a full-on media music and production school, is taking over SoMa and providing some of San Francisco’s brightest club-music makers with the skills to conquer the digital world. I recently found myself being chaperoned, somewhat bewildered, through Pyramind’s labyrinthine main campus by director and president Greg Gordon, in the company of old-school dance floor mover and shaker Paul dB. As they led me from one cavernous, soundproofed room to the next, each full of top-flight equipment, giant projection screens, a plethora of enormous monitors, and some mighty fine-looking students, I realized: maybe I should just give up writing and start composing the soundtrack for Halo 4. I could help launch a puke-colored Mountain Dew energy drink in 2009!

My temporary flight of fancy — how could I ever give up getting kind of paid to down well-vodka cosmos and introduce you to several psycho drag queens almost every week? — wasn’t such a pie in the sky. Pyramind’s hooked up with major prestidigitalators like Apple, Ableton, Digidesign, M-Audio, and Propellerhead. Students get possible career leads and exposure to some of the biggest biggies — Pyramind calls these companies "strategic partners," but to me a strategic partner is someone you sleep with to get back at your ex.

But the school is just part of a grand master plan. Pyramind is octopoid, with recording studios, a distribution service, international programs, a music label called Epiphyte headed by industry legend Steffan Franz, a well-established musical showcase–club night called TestPress that’s expanding to other cities (and has spawned an Epiphyte-released CD of bouncy tunes), and, with the recent acquisition of another huge campus a few doors down from the main one, an independent party venue. Pyramind’s stacked. And hey, in case any terrorists were thinking of hijacking any future Pixar productions (although wasn’t Cars terrifying enough?), Pyramind’s got the seal of approval, I shit you not, from Homeland Security. Calling all tech bears: drop that Cheeto and get in the digi-know now.

www.pyramind.com


www.epiphyterecords.com/

Public safety, back on track

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OPINION About a year and a half ago, James was dealing drugs on a street corner in San Francisco. He wasn’t a hardened repeat offender, just a young man with little education and few prospects. He got arrested and soon faced adult felony drug charges for the first time.

California law sets the punishment for selling narcotics at up to three years in state prison. But we know that 7 out of every 10 people we send to California prisons will commit a new crime within three years of being released — the worst recidivism rate in the nation. If James ended up in state prison, there was a 70 percent chance that he would go straight back in a few years after his release, and we would actually be less safe, not more, for our trouble.

So instead of business as usual, we decided to try something new. We sent him to Back on Track, a program established by a reentry initiative created by my office in partnership with Goodwill Industries, other community service providers, and the business sector. After a year and half, Back on Track had put this former offender into the workforce and gotten him off the street.

Since we launched the initiative, more than 100 former offenders have successfully completed Back on Track. In the process, we’ve learned a lot about public safety and how to change the broken policies of the past that have crowded our prisons and jails without making us safer.

For decades, beginning with the war on drugs, there were only two brands of law enforcement: tough and soft. For decades we’ve chosen to get tough, but it’s mostly been tough on us: we’ve filled our state prisons to the breaking point with low-level offendersmostly drug offenders.

Isn’t there a smarter way to keep us safe?

Through Back on Track we’re initiating a new brand of law enforcement. Low-level drug offenders are referred to Back on Track, where they face swift sanctions for making bad choices and clear incentives for making good ones. The participants receive the basic opportunities for living crime-free that most of us take for granted: concrete job training and employment; union-based preapprenticeships in the building trades; college enrollment and help navigating financial aid; tutoring, money management, and banking instruction; child care, anger management, and parenting support. That’s the carrot, but there’s a stick too. Drug sellers must plead guilty to enter the program, and if they are rearrested or terminated from the program, they go straight to jail — no excuses.

Fewer than 10 percent of Back on Track graduates reoffend — and the program costs only $5,000 per participant, compared to $35,000 per year to house them in jail.

In October we held a graduation ceremony for Back on Track, one of four we’ve hosted since we launched the initiative. James was among the 13 young men and women who graduated. Today all 13 have full-time jobs or are working while they go to school. None have reoffended. More than 100 people currently in the program are following in their footsteps. Every day they’re teaching us that even a modest investment in people, coupled with accountability and clear guidance, can keep our community safe.

Kamala D. Harris

Kamala D. Harris is San Francisco’s district attorney.

Bechtel and Newsom: a fine pair

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What do Newsom and Bechtel have in common?

They both oppose Prop. E, which requires the next Mayor of San Francisco to appear before the Board of Supervisors for public policy discussions.

Up until now, Newsom has been framing Prop. E as work of Sup. Chris Daly that will only lead to “political theater.”

Then, boom, four days before the election, Bechtel goes and plonks down $5,000 to defeat Prop. E, on top of the last-0minute plonking down of $10,000 from Republican Warren Hellman, $20,000 from the San Franciscan Association of Realtors, $25,000 from the Committee on Jobs Government Reform Fund, and $1,000 from socialite Dede Wilsey.

Looking at all these “No on E” money bags, it’s hard not to conclude that what Newsom’s No on E “Let’s Really Work Together Coalition” is really working together on is avoiding having to publicly debate tough issues, like the lack of affordable housing, or the rising tide of violence, or mental health issues among the homeless–issues that folks who aren’t millionaires and realtors would like to see their elected representatives hash out with the Mayor, but that rich folks can chat privately with the Mayor over fund raising dinners.

What’s bizarre about all this is that when you actually get Newsom talking, he seems perfectly capable of carrying out a well-argued and coherent debate.

So why don’t his handlers want their boy to be drawn into public debates? Could it be that they understand that once you get drawn into an argument, and express your opinion, people will take sides? That’s it safer to maintain a remote, inaccessible position, while you prepare for the next big thing, like governor, senator, or President?

But this is San Francisco, where people thrive on debate. So here’s hoping that the next Mayor of San Francisco spares us the fake question time and does as voters requested last fall: show up before the Board and answer their gosh darn questions.

Don Fisher attacks the supes

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The Chron story Sunday portrayed the battle over transportation policy in San Francisco as Don Fisher vs. Aaron Peskin, but actually, Fisher is going further. He’s mounting an all-out attack on the Board of Supervisors — and a pro-Newsom campaign committee is helping out.

Fliers that went to the west side of town attack the supervisors as childish — and attack Prop. A as “another transportation solution from the Board of Supervisors.” The first flier is from the campaign against Prop. E — that’s question time, the measure that would require the mayor to appear before the board once a month. The second is from Fisher’s campaign against Prop. A.

The nearly identical messages aren’t a coincidence — the fliers have the same return address (150 Post St. Suite 405, the office of campaign lawyer Jim Sutton) and both were done by Rich Schlackman, a campaign consultant who is working with both No on A and No on E.

The plan, clearly, is to make people think the supes are idiots — then saddle Prop. A with that image. The fact that Schlackman, who is one of nation’s top direct-mail experts and who also works with Nathan Nayman and the Committee on JOBS, has adopted this strategy signals downtown’s continuing effort to go after the district-elected board. Expect more of this crap in the months to come.

BY THE WAY: The battle over Props. A and H is still close. Labor and environmental groups had 250 people out on the streets talking up Yes on A and No on H over the weekend, but if people don’t turn out to vote, Don Fisher could get his way.

The Yes on A/No on H party is Tuesday night at El Rio.

Step it Up!

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Tomorrow! Go to Dolores Park at noon and for the National Day of Climate Change. Woo hoo!

March or ride in the parade of bikes and electric cars and other great, green stuff that’s going down to UN Plaza. Carole Migden, Aaron Peskin, Chris Daly and Ross Mirkarimi are going to be there, as well as mayoral candidates Quintin Mecke, Josh Wolf and Chicken John Rinaldi.

According to the press release, “UN plaza will be transformed into a carnival-like atmosphere complete with a Recycle That! art show filled with recycled and reclaimed art, the Sustainable Living Roadshow’s Conscious Carnival, a carbon-eating generator from the Chlorophyll Collective and smoothies made on a solar powered van. Participants will call for real political leadership on global warming, and will ask San Francisco’s political leaders to pledge to the following:

Put a moratorium on new coal and nuclear plants
Cut carbon emissions 80% by 2050
Create 5 million new green jobs conserving 20% of our energy by 2015
Get back on track to meet San Francisco’s Climate Action Plan

This is a national event, started by super-eco-friendly-guy Bill McKibben, but San Francisco’s event tomorrow is extra-special because we’re pushing an anti-nuke future, despite the kinder, gentler image that nuclear power plants have been getting lately.

Here’s a fun/gross fact: every year vehicles in San Francisco emit more than 16,000 tons of nitrous oxide (nastiness that makes ozone). The Mirant peaker power plants that everyone’s in a tizzy to shut down emit 92 tons.

Hmmm. The take-away = quit driving. Vote yes on Prop A!

Transit or traffic

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Click here for the Clean Slate: Our printout guide to the Nov. 6 election

› steve@sfbg.com

San Francisco is at a crossroads. The streets are congested, Muni has slowed to a crawl, greenhouse gas emissions are at all-time highs, and the towers of new housing now being built threaten to make all of these transportation-related problems worse.

The problems are complicated and defy simply sloganeering — but they aren’t unsolvable. In fact, there’s remarkable consensus in San Francisco about what needs to be done. The people with advanced degrees in transportation and city planning, the mayor and almost all of the supervisors, the labor and environmental movements, the urban planning organizations, the radical left and the mainstream Democrats — everyone without an ideological aversion to government is on the same page here.

The city planners and transportation experts, who have the full support of the grass roots on this issue, are pushing a wide range of solutions: administrative and technical changes to make Muni more efficient, innovative congestion management programs, high-tech meters that use market principles to free up needed parking spaces, creative incentives to discourage solo car trips, capital projects from new bike and rapid-transit lanes to the Central Subway and high-speed rail, and many more ideas.

In fact, the coming year promises a plethora of fresh transportation initiatives. The long-awaited Transit Effectiveness Project recommendations come out in early 2008, followed by those from the San Francisco County Transportation Authority’s Mobility, Access, and Pricing Study (an unprecedented, federally funded effort to reduce congestion here and in four other big cities), an end to the court injunction against new bicycle projects, and a November bond measure that would fund high-speed rail service between downtown San Francisco and Los Angeles.

But first, San Franciscans have to get past a few downtown developers and power brokers who have a simplistic, populist-sounding campaign that could totally undermine smart transportation planning.

On Nov. 6, San Franciscans will vote on propositions A and H, two competing transportation measures that could greatly help or hinder the quest for smart solutions to the current problems. Prop. A would give more money and authority to the San Francisco Metropolitan Transportation Agency while demanding it improve Muni and meet climate change goals.

Prop. H, which was placed on the ballot by a few powerful Republicans, most notably Gap founder Don Fisher (who has contributed $180,000 to the Yes on H campaign), would invalidate current city policies to allow essentially unrestricted construction of new parking lots.

New parking turns into more cars, more cars create congestion, congestion slows down bus service, slow buses frustrate riders, who get back into their cars — and the cycle continues. It’s transit against traffic, and the stakes couldn’t be higher.

"If we are serious about doing something about global warming, it’s time to address the elephant in the room: people are going to have to drive less and take transit more" was how the issue was framed in a recent editorial cowritten by Sup. Sean Elsbernd, arguably the board’s most conservative member, and Sup. Aaron Peskin, who wrote Prop. A.

Peskin says Prop. H, which Prop. A would invalidate, is the most damaging and regressive initiative he’s seen in his political life. But the battle for hearts and minds won’t be easy, because the downtown forces are taking a viscerally popular approach and running against city hall.

The San Francisco Examiner endorsed Prop. H on Oct. 22, framing the conflict as between the common sense of "your friends and neighbors" and "a social-engineering philosophy driven by an anti-car and anti-business Board of Supervisors." If the Examiner editorialists were being honest, they probably also should have mentioned Mayor Gavin Newsom, who joins the board majority (and every local environmental and urban-planning group) in supporting Prop. A and opposing Prop. H.

The editorial excoriates "most city politicians and planners" for believing the numerous studies that conclude that people who have their own parking spots are more likely to drive and that more parking generally creates more traffic. The Planning Department, for example, estimates Prop. H "could lead to an increase over the next 20 years of up to approximately 8,200–19,000 additional commute cars (mostly at peak hours) over the baseline existing controls."

"Many, many actual residents disagree, believing that — no matter what the social engineers at City Hall tell you — adding more parking spaces would make The City a far more livable place," the Examiner wrote.

That’s why environmentalists and smart-growth advocates say Prop. H is so insidious. It was written to appeal, in a very simplistic way, to people’s real and understandable frustration over finding a parking spot. But the solution it proffers would make all forms of transportation — driving, walking, transit, and bicycling — remarkably less efficient, as even the Examiner has recognized.

You see, the Examiner was opposed to Prop. H just a couple of months ago, a position the paper recently reversed without really explaining why, except to justify it with reactionary rhetoric such as "Let the politicians know you’re tired of being told you’re a second-class citizen if you drive a car in San Francisco."

Examiner executive editor Jim Pimentel denies the flip-flop was a favor that the Republican billionaire who owns the Examiner, Phil Anschutz, paid to the Republican billionaire who is funding Prop. H, Fisher. "We reserve the right to change on positions," Pimentel told me.

Yet it’s worth considering what the Examiner originally wrote in an Aug. 2 editorial, where it acknowledged people’s desire for more parking but took into account what the measure would do to downtown San Francisco.

The paper wrote, "Closer examination reveals this well-intentioned parking measure as a veritable minefield of unintended consequences. It could actually take away parking, harm business, reduce new housing and drive out neighborhood retail. By now, Californians should be wary of unexpected mischief unleashed from propositions that legislate by direct referendum. Like all propositions, Parking For Neighborhoods was entirely written by its backers. As such, it was never vetted by public feedback or legislative debate. If the initiative organizers had faced harder questioning, they might have recognized that merely adding parking to a fast-growing downtown is likely to make already-bad traffic congestion dramatically worse."

The San Francisco Transportation Authority’s Oct. 17 public workshop, which launched the San Francisco Mobility, Access, and Pricing Study, had nothing to do with Props. A and H — at least not directly. But the sobering situation the workshop laid out certainly supports the assessment that drawing more cars downtown "is likely to make already-bad traffic congestion dramatically worse."

City planners and consultants from PBS&J offered some statistics from their initial studies:

San Francisco has the second-most congested downtown in the country, according to traffic analysts and surveys of locals and tourists, about 90 percent of whom say the congestion is unacceptably bad compared to that of other cities.

Traffic congestion cost the San Francisco economy $2.3 billion in 2005 through slowed commerce, commuter delays, wasted fuel, and environmental impacts.

The length of car trips is roughly doubled by traffic congestion — and getting longer every year — exacerbating the fact that 47 percent of the city’s greenhouse gas emissions come from private cars. Census data also show that more San Franciscans get to work by driving alone in their cars than by any other mode.

Traffic has also steadily slowed Muni, which often shares space with cars, to an average of 8 mph, making it the slowest transit service in the country. Buses now take about twice as long as cars to make the same trip, which discourages their use.

"We want to figure out ways to get people in a more efficient mode of transportation," Zabe Bent, a senior planner with the TA, told the crowd. She added, "We want to make sure congestion is not hindering our growth."

The group is now studying the problem and plans to reveal its preliminary results next spring and recommendations by summer 2008. Among the many tools being contemplated are fees for driving downtown or into other congested parts of the city (similar to programs in London, Rome, and Stockholm, Sweden) and high-tech tools for managing parking (such as the determination of variable rates based on real-time demand, more efficient direction to available spots, and easy ways to feed the meter remotely).

"As a way to manage the scarce resource of parking, we would use pricing as a tool," said Tilly Chang, also a senior planner with the TA, noting that high prices can encourage more turnover at times when demand is high.

Yet there was a visceral backlash at the workshop to such scientifically based plans, which conservatives deride as social engineering. "I don’t understand why we need to spend so much money creating a bureaucracy," one scowling attendee around retirement age said. There were some murmurs of support in the crowd.

Rob Black, the government affairs director for the San Francisco Chamber of Commerce, which is the most significant entity to oppose Prop. A and support Prop. H, was quietly watching the proceedings. I asked what he and the chamber thought of the study and its goals.

"We have mixed feelings, and we don’t know what’s going to happen," Black, who ran unsuccessfully against Sup. Chris Daly last year, told me. "The devil is in the details."

But others don’t even want to wait for the details. Alex Belenson, an advertising consultant and Richmond District resident who primarily uses his car to get around town, chastised the planners for overcomplicating what he sees as a "simple" problem.

Vocally and in a four-page memo he handed out, Belenson blamed congestion on the lack of parking spaces, the city’s transit-first policy, and the failure to build more freeways in the city. Strangely, he supports his point with facts that include "Total commuters into, out of, and within San Francisco have only increased by 206,000 since 1960 — more than 145,000 on public transit."

Some might see those figures, derived from census data, as supporting the need for creative congestion management solutions and the expansion of transit and other alternative transportation options. But Belenson simply sees the need for 60,000 new parking spaces.

As he told the gathering, "If someone wants to build a parking lot and the market will support it, they should be able to."

The San Francisco Planning and Urban Research Association (SPUR) is generally allied with the downtown business community on most issues, but not Props. A and H, which SPUR says could be unmitigated disasters for San Francisco.

"SPUR is a pro-growth organization, and we want a healthy economy. And we think the only way to be pro-business and pro-growth in San Francisco is to be transit reliant instead of car reliant," SPUR executive director Gabriel Metcalf told me in an interview in his downtown office.

He agreed with Belenson that the free market will provide lots of new parking if it’s allowed to do so, particularly because the regulatory restrictions on parking have artificially inflated its value. "But the negative externalities are very large," Metcalf said, employing the language of market economics.

In other words, the costs of all of that new parking won’t be borne just by the developers and the drivers but by all of the people affected by climate change, air pollution, congested commerce, oil wars, slow public transit, and the myriad other hidden by-products of the car culture that we are just now starting to understand fully.

Yet Metcalf doesn’t focus on that broad critique as much as on the simple reality that SPUR knows all too well: downtown San Francisco was designed for transit, not cars, to be the primary mode of transportation.

"Downtown San Francisco is one of the great planning success stories in America," Metcalf said. "But trips to downtown San Francisco can’t use mostly single-occupant vehicles. We could never have had this level of employment or real estate values if we had relied on car-oriented modes for downtown."

Metcalf and other local urban planners tell stories of how San Francisco long ago broke with the country’s dominant post–World War II development patterns, starting with citizen revolts against freeway plans in the 1950s and picking up stream with the environmental and social justice movements of the 1960s, the arrival of BART downtown in 1973, the official declaration of a transit-first policy in the ’80s, and the votes to dismantle the Central and Embarcadero freeways.

"We really led the way for how a modern dynamic city can grow in a way that is sustainable. And that decision has served us well for 30 years," Metcalf said.

Tom Radulovich, a longtime BART board member who serves as director of the nonprofit group Livable City, said San Franciscans now must choose whether they want to plan for growth like Copenhagen, Denmark, Paris, and Portland, Ore., or go with auto-dependent models, like Houston, Atlanta, and San Jose.

"Do we want transit or traffic? That’s really the choice. We have made progress as a city over the last 30 years, particularly with regard to how downtown develops," Radulovich said. "Can downtown and the neighborhoods coexist? Yes, but we need to grow jobs in ways that don’t increase traffic."

City officials acknowledge that some new parking may be needed.

"There may be places where it’s OK to add parking in San Francisco, but we have to be smart about it. We have to make sure it’s in places where it doesn’t create a breakdown in the system. We have to make sure it’s priced correctly, and we have to make sure it doesn’t destroy Muni’s ability to operate," Metcalf said. "The problem with Prop. H is it essentially decontrols parking everywhere. It prevents a smart approach to parking."

Yet the difficulty right now is in conveying such complexities against the "bureaucracy bad" argument against Prop. A and the "parking good" argument for Prop. H.

"We are trying to make complex arguments, and our opponents are making simple arguments, which makes it hard for us to win in a sound-bite culture," Radulovich said.

"Prop. H preys on people’s experience of trying to find a parking space," Metcalf said. "The problem is cities are complex, and this measure completely misunderstands what it takes to be a successful city."

When MTA director Nathaniel Ford arrived in San Francisco from Atlanta two years ago, he said, "it was clear as soon as I walked in the door that there was an underinvestment in the public transit system."

Prop. A would help that by directing more city funds to the MTA, starting with about $26 million per year. "I don’t want to say the situation is dire, but it’s certainly not going to get better without some infusion of cash to get us over the hump," Ford told the Guardian recently from his office above the intersection of Market and Van Ness.

The proposed extra money would barely get this long-underfunded agency up to modern standards, such as the use of a computer routing system. "We actually have circuit boards with a guy in a room with a soldering iron keeping it all together," Ford said with an incredulous smile.

The other thing that struck Ford when he arrived was the cumbersomeness of the MTA’s bureaucracy, from stifling union work rules to Byzantine processes for seemingly simple actions like accepting a grant, which requires action by the Board of Supervisors.

"Coming from an independent authority, I realized there were a lot more steps and procedures to getting anything done [at the MTA]," he said. "Some of the things in Prop. A relax those steps and procedures."

If it passes, Ford would be able to set work rules to maximize the efficiency of his employees, update the outdated transit infrastructure, set fees and fines to encourage the right mix of transportation modes, and issue bonds for new capital projects when the system reaches its limits. These are all things the urban planners say have to happen. "It should be easy to provide great urban transit," Metcalf said. "We’re not Tracy. We’re not Fremont. We’re San Francisco, and we should be able to do this."

Unfortunately, there are political barriers to such a reasonable approach to improving public transit. And the biggest hurdles for those who want better transit are getting Prop. A approved and defeating Prop. H.

"It’s clear to people who have worked on environmental issues that this is a monumental election," said Leah Shahum, director of the San Francisco Bicycle Coalition and an MTA board member. "San Francisco will choose one road or the other in terms of how our transportation system affects the environment. It will really be transit or traffic."

Shahum said the combination of denying the MTA the ability to improve transit and giving out huge new parking entitlements "will start a downward spiral for our transit system that nobody benefits from."

"We are already the slowest-operating system in the country," Ford said, later adding, "More cars on the streets of San Francisco will definitely have a negative impact on Muni."

But even those who believe in putting transit first know cars will still be a big part of the transportation mix.

"All of it needs to be properly managed. There are people who need to drive cars for legitimate reasons," Ford said. "If you do need to drive, you need to know there are costs to that driving. There is congestion. There are quality impacts, climate change, and it hurts transit."

"There are parking needs out there, and the city is starting to think of it in a more responsive way. We don’t need this to create more parking," Shahum said. "If folks can hold out and beat down this initiative, I do think we’re headed in the right direction."

Yet the Yes on A–No on H campaign is worried. Early polling showed a close race on Prop. A and a solid lead for Prop. H.

Fisher and the groups that are pushing Prop. H — the Council of District Merchants, the SF Chamber of Commerce, and the San Francisco Republican Party — chose what they knew would be a low-turnout election and are hoping that drivers’ desires for more parking will beat out more complicated arguments.

"The vast majority of San Franciscans call themselves environmentalists, and they want a better transit system," Shahum said, noting that such positions should cause them to support Prop. A and reject Prop. H. "But they’re at risk of being tricked by a Republican billionaire’s initiative with an attractive name…. Even folks that are well educated and paying attention could be tricked by this."

For Metcalf and the folks at SPUR, who helped write Prop. A, this election wasn’t supposed to be an epic battle between smart growth and car culture.

"For us, in a way, Prop. A is the more important measure," Metcalf said. "We want to focus on making Muni better instead of fighting about parking. We didn’t plan it this way, but the way it worked out, San Francisco is at a fork in the road. We can reinforce our transit-oriented urbanity or we can create a mainly car-dependent city that will look more like the rest of America."

Money and politics

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› sarah@sfbg.com

The upcoming election hasn’t generated much voter interest, with only a couple of measures that seem likely to have an impact. But corporate interests in San Francisco and beyond are still spending big money — in ways that are secretive, suspicious, and sometimes contradictory — to influence the election and win the gratitude of elected officials.

Although the final preelection campaign statements were due Oct. 25, the money continues to roll in. And perhaps most ominously, many campaign committees are spending far more than they are taking in, effectively using this accrued debt to hide contributors until after the election.

And almost invariably, the person at the center of such schemes — who facilitates the most creative and unsettling spending by downtown political interests — is notorious campaign finance attorney Jim Sutton, who also serves as Mayor Gavin Newsom’s treasurer (and didn’t return our calls for comment by press time).

Political donations are supposed to be transparent and reflect popular support for some campaign. But once again, this election is showing the disproportionate influence that corporations have on local politics and the difficulties faced in trying to accurately trace that influence.

There are "No on K" billboards all over San Francisco, showing a giant image of a man’s empty pocket alongside the dubious claim that "Proposition K will cut $20 million from Muni." The signs were created and funded by Clear Channel Outdoor.

Prop. K is an advisory measure that the Board of Supervisors placed on the ballot this fall to ask whether voters want to restrict advertising on public spaces like bus stops. But it was aimed at Clear Channel Outdoor’s contract to maintain 1,100 city bus shelters and sell advertising on them, which was approved by the Board of Supervisors on Oct. 23. In exchange, the CCO agreed to pay the Metropolitan Transportation Authority $5 million annually, plus 45 percent of its annual revenues from shelter ad revenues.

Nonetheless, the measure would put city voters on record as opposing the CCO’s basic business model, so the company fought back. The "No on K — Citizens to Protect Muni Services" filing suggests that there is no citizen involvement in the No on K campaign. So far, No on K has only received donations from Clear Channel Outdoor, including $120,000 in cash and $55,750 in in-kind contributions of radio time and ad space.

Maybe Clear Channel really is trying to help Muni get more money, rather than pad its own profits. After all, its parent corporation, Clear Channel International, donated $20,000 to support Muni reform measure Proposition A — authored by Board of Supervisors president Aaron Peskin — on Oct. 15, just days before Clear Channel Outdoor won its big bus transit deal with the city.

Yet following the corporate money even further makes it clear that altruism isn’t what motivates corporate spending. No on K also benefited from independent expenditures by the San Francisco Chamber of Commerce 21st Century Committee, a general-purpose committee created in 1999, which received major funding this year from the Gap ($10,000), Pacific Gas and Electric Co. ($7,500), Bechtel ($5,000), Catholic Healthcare West ($5,000), and Clear Channel Outdoor ($1,000).

The 21st Century Committee also spent $716 for newspaper ads opposing Prop. A, which would net the MTA at least $26 million per year from the city’s General Fund. Sutton — a former chair of the California Republican Party — and his associates effectively control the 21st Century Committee, which is also helping Newsom, his top client, avoid facing the Board of Supervisors in public. The committee has made independent expenditures opposing Proposition E, a charter amendment that would require the mayor to make monthly appearances before the board, something voters approved last year as an advisory measure. According to Newsom spokesperson Nathan Ballard, defeating that measure is the mayor’s top priority this election.

"I think he’s focused on his own race and also Question Time. There’s where he’s spending his resources," Ballard said when asked why Newsom isn’t campaigning or fundraising for the Yes on A and No on H campaigns, even though he supports those positions.

The 21st Century Committee has also made independent expenditures in support of Proposition C (which would require public hearings for measures that the board or the mayor places on the ballot), Proposition H (see "Transit or Traffic," page 18), Proposition I (which would establish an Office of Small Business), and Proposition J (Newsom’s wireless Internet advisory measure).

Each of these ballot measures has a committee dedicated to raising funds, but as of Oct. 25, only the Small Business Campaign (Yes on C) appeared to have no outstanding debts, or accrued funds, as they are called in campaign finance circles. Maybe that’s because the Small Business Campaign got $10,000 from the 21st Century Committee, $5,000 from PG&E, $2,500 from AT&T, $8,500 from the SF Small Business Advocates, and $1,000 from the Building Owners and Manufacturers Association of San Francisco’s political action committee.

Yes on C also got a $7,500 contribution from the Committee on Jobs Government Reform Fund, which has ties to Clear Channel, the MTA, and efforts to influence local transportation policy. Records show that on Nov. 4, 2005 — just before the election — the Committee on Jobs Government Reform Fund reported a $6,900 "loan" for radio airtime and production costs from Clear Channel to help defeat a measure that would have split the MTA appointments between the mayor and the Board of Supervisors.

Fast-forward to Oct. 3 of this year, when the Committee on Jobs, which reported its "loan" as accrued funds for almost two years, reported that this debt has now been forgiven. Which is odd, given that, as of Oct. 25, the Committee on Jobs had a cash balance of $778,000 — and had just received $35,000 from financier and Committee on Jobs board member Warren Hellman, $35,000 from AT&T, and $50,000 from the Charles Schwab Corp.

Equally interesting is the fact that the day after the Oct. 25 preelection filing deadline, the Committee on Jobs gave $25,000 to the Sutton-controlled No on E: Let’s Really Work Together Coalition. Such large late contributions require a notice to Ethics that can often escape notice by the media and voters.

The donation perhaps went to help balance the committee’s books; despite receiving $85,084 in monetary contributions, including $10,000 from attorney Joe Cotchett and society maven Dede Wilsey, No on E spent $110,244 before Oct. 25, leaving it with $26,610 in accrued debt.

No on E isn’t the only Sutton-controlled committee whose spending has outpaced donations received: as of Oct. 25 the Yes on H–No on A pro-parking committee and Newsom’s WiFi for All, Yes on J committee, not to mention the Gavin Newsom for Mayor campaign, were all registering large amounts of accrued debt.

Having these debts isn’t illegal. And it’s not unusual for a campaign to have a pile of unpaid bills at the time of its last preelection finance filing. But as Ethics Commission director John St. Croix told the Guardian, accrued funds "shouldn’t be used to hide who your contributors are. The idea of disclosure is to let voters know ahead of elections who is trying to influence their vote."

St. Croix points to the fact that committees are required to make reports every 24 hours in the 16 days before an election "so you know what they are spending on…. But if committees don’t report campaign contributions and people fundraise after the election, that could be a de facto way to hide who the contributors are."

And while Sutton has been characterized by many, including the Guardian (see "The Political Puppeteer," 2/2/04), as the dark prince of campaign finance, St. Croix says he doesn’t automatically suspect something is wrong just because a campaign has a lot of accrued debt.

"But if people suspect that to be the case and they file a complaint, Ethics investigates," St. Croix said, adding that for him, "really massive accrued funds would be a red flag."

Asked what he meant by massive, St. Croix said, "It depends on the office. You might expect a lot more to accrue in a mayor’s race or large campaigns that tend to do a lot of last-minute spending."

As of Oct. 25, Gavin Newsom for Mayor had received $1.1 million and spent $1.3 million, had a cash balance of $457,994 — and was reporting $97,548 in accrued debt, with $46,500 owed to Storefront Political Media, the company run by Newsom’s campaign manager, Eric Jaye.

Noting that Ethics’ job is "to get people to file on time and chase after those who don’t," St. Croix said that those who don’t file and are making major expenditures right before an election are the ones who will face the biggest fines. "They could face $5,000 per violation, which could be $5,000 for every contribution that was made to finance a smear campaign and wasn’t reported," he said.

The biggest fine the Ethics Commission has ever issued was $100,000 for Sutton’s failure to report until after the 2002 election a late $800,000 contribution from PG&E to help defeat a public power measure.

Compared to other years, the amounts of accrued debt in this election may look small, but former Ethics commissioner Joe Lynn points to a disturbing pattern in which Sutton-controlled committees were insolvent before the election, then raised funds later or, as in the case of the Committee on Jobs, magically saw their debts forgiven.

"If I am a candidate running for mayor, like Gavin Newsom, and I personally rake up $100,000 in debt and have a big financial statement, then that means there’s a creditor willing to advance me those funds," Lynn said. "But if the debt has been raked up by a ballot measure committee, then who is responsible? Why would vendors spend $10,000 for that committee unless they knew that debt was wired from the get-go?"

But the result is the same: voters don’t know who donated to the campaign until after the votes have been cast. A clear historical example of this debt scheme can be seen in the June 2006 No on D Laguna Honda campaign. In its last preelection report, No on D had $59,750 in contributions, $18,664 in expenditures — and $130,224 in debt.

But during the 16 days before the election, No on D suddenly got $110,000 in late contributions from the usual suspects downtown, including $2,500 from Hellman, $15,000 from Turner Construction, $10,000 from Wilsey, $2,000 from the San Francisco Chamber of Commerce, and $2,500 from the Building Owners and Manufacturers Association of San Francisco.

As Lynn explains, campaign finance laws only require disclosure of contributions, not expenditures, made in the 16 days before an election — and only $64,000 worth of the contributions used to pay off No on D’s accrued expenses were disclosed, with $10,000 each from the California Pacific Medical Center and Kaiser Permanente trickling in on or after Election Day.

This year campaign finance watchdogs like Lynn note that the Sutton-controlled Yes on H–No on A committee has been hiding its contributors. In its first preelection report, filed Sept. 22, Yes on H showed $113,750 in contributions, $111,376.18 in expenditures, and $69,806.98 in accrued debt.

A month later it has doubled its contributions, tripled its expenditures — and had increased its accrued debt to $77,509. Lynn predicts that Yes on H’s accrued debt will be paid down by late contributions after the election or forgiven later on.

"The solution to the debt scheme is twofold," Lynn said. "Prosecute people doing the scheme and pass a law prohibiting campaigns from making more expenditures than they have contributions. Technically there is nothing illegal about reporting more debt that you have the cash or contributions to pay, but no businessperson regularly offers services in situations where it isn’t clear that they will be paid."

Since the Oct. 25 filing deadline, late contributions have continued to pour into No on E big-time, for a total of $59,500. That includes $25,000 from the Committee on Jobs, $2,500 from Jonathan Holzman, $6,000 from Elaine Tsakopoulos-Kounalakis, $1,000 from Chris Giouzelis, $1,000 from Nick Kontos, $1,000 from Farrah Makras, $1,000 from Victor Makras, $1,000 from Makras Real Estate, $5,000 from John Pakrais, $1,000 from Mike Silva, $1,000 from Western Apartments, $5,000 from Maurice Kanbar, and $5,000 from the San Francisco Apartment Association PAC.

The Yes on A committee hasn’t used the accrued debt scheme, but it has been the second-largest recipient of late contributions. It received $57,000 in late contributions, with donations from Engeo ($1,000), Singer Associates ($2,500), Trinity Management Services ($10,000), Elysian Hotels and Resorts ($5,000), Luxor Cabs ($1,000), Marriott International ($15,000), the SF Police Officers Association ($2,000), Sprinkler Fitters and Apprentices ($1,500), Barbary Coast Consulting ($2,500), and SEIU International ($3,397.14).

No on H (Neighbors Against Traffic and Pollution) received $4,500 in late contributions, with donations from Norcal Carpenters, Alice and William Russell-Shapiro, and Amandeep Jawa. And in what looks like a classic case of hedging bets, Singer Associates has made a $2,500 late contribution to both Yes on H and No on H.

Steven Mele, who is treasurer for Yes on A and No on H, told the Guardian, "There’s some people that time their contributions, but their names are out there, reported on public sites. A lot of corporate money comes in prior to the last deadline, then some afterwards. If campaigns are running with a lot of accrued debt, then those people must have an idea of what money is going to come in."

Unlike the campaigns controlled by the Sutton Law Firm, Mele’s committees, which work with Stearns Consulting, are not carrying massive loads of unpaid debt. Yes on A had received $302,452 and spent $279,890 and had $17,749 in debt as of Oct. 25. No on H had received $134,458 and spent $124,088 and had no debt as of Oct. 25.
Mele also believes that while campaign finance rules were written to make the money trail more transparent, "They’ve resulted in the public being inundated with so much information that they tend to glaze over."

Campaign sewer overflows

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› amanda@sfbg.com

The flow of election cash is often a filthy river that you wouldn’t want to drink from, and a recent local lawsuit, coupled with a new bit of state legislation, has muddied the waters even more.

On Sept. 20, US District Court Judge Jeffery S. White granted a preliminary injunction preventing the city from enforcing key sections of its Campaign Finance Reform Ordinance.

Two local groups with a sordid history of influencing elections with large chunks of cash — the Building Owners and Managers Association and the Committee on Jobs — argued in court that campaign contribution limits violate the First Amendment by financially curbing the ability to communicate a message (see "Pressing the Scales," 8/22/07). The contribution limits of independent-expenditure committees stumping for candidates were set by the voter-passed Proposition O in 2000 after the 1999 reelection of Mayor Willie Brown, in which deep-pocketed business interests backed the mayor in exchange for preferential treatment by city hall.

Prop. O capped contributions to IEs at $500, and people and corporations are allowed to give no more than $3,000 total (e.g., $500 each to six committees).

Those caps are no longer enforceable.

Similar injunctions have been granted in San Jose and Oakland, also destroying local contribution caps in those cities. San Jose appealed to the 9th Circuit Court of Appeals and is waiting for a ruling. Ann O’Leary, a lawyer in City Attorney Dennis Herrera’s office, told us San Francisco is waiting to see what happens in San Jose before making the next move, though an appeal is planned regardless of that outcome. In the past the Supreme Court has ruled that the appearance of corruption in elections is sufficient grounds for restricting campaign contributions, and San Francisco’s history provides ample examples from which to draw to support that decision.

"We don’t know if it will get back to court before November 2008," O’Leary said of the case, "but it’s certainly something to watch in that election."

Meanwhile, over in Sacramento, legislators on cruise control recently passed a bill that may make it impossible for San Francisco to write its election laws anyway. Gov. Arnold Schwarzenegger just signed Assembly Bill 1430, and according to the legislative digest, the new law "prohibits local governments from adopting campaign finance ordinances that restrict communications between an organization and its members unless state law similarly restricts such communications, or by regulation by the Fair Political Practices Commission."

Proponents say the new law will resolve conflicting interpretations of campaign finance regulations, but opponents say it preserves wide-open loopholes in the Political Reform Act that local jurisdictions have tried to close. For example, a person may be prohibited by the city from giving more than $500 to support a certain candidate. That person can, however, give as much as $30,200 to the Democratic Party, which can then "communicate" a message of support for that candidate to its members.

A recent and egregious example: in San Diego the county Republican Party spent almost $1 million on local races in 2006.

The bill was authored by Carlsbad Republican Martin Garrick and flew through the State Assembly unopposed. Assemblymember Mark Leno told us it came to the Elections Committee, on which he sits, with no vocal opposition, so he gave it an aye. One of his aides, however, became concerned and started making calls. Eventually, Common Cause and the League of Women Voters rallied against it, but it only hit a speed bump in the State Senate. There was still too much support from the Democrats to kill it. Leno said, "It’s an uncommon situation to have the left and right supporting something that in fact runs counter to local election laws."

Only nine senators opposed the bill, including Carole Migden and Leland Yee. "She thought it was an end around campaign finance laws," Migden aide Eric Potashner told us.

San Francisco’s Ethics Commission also took a look at the bill and gave it a 5–0 thumbs-down, resolving to send a letter to both the mayor and the Board of Supervisors urging them to speak against it. Neither did. "The Mayor supports AB1430," his press secretary, Nathan Ballard, told us by e-mail. "He has some concerns about the local control issue, but ultimately those concerns are overridden by his belief that groups like labor unions and the Democratic Party should be allowed to communicate directly with their members."

The governor’s signature now makes it more difficult to pass future measures like Prop O.

Neither the injunction nor the new law seems to be affecting the Nov. 6 election — the FPPC won’t be ruling on AB 1430 until January, though the commission is holding a hearing for interested people to speak in Sacramento on Nov. 2.

Though BOMA and the Committee on Jobs stated in their filing for the injunction that the law harms their ability to raise and spend money for candidates in this November’s election, nothing on record with the Ethics Commission shows they’ve been putting up a lot of money for Newsom, Kamala Harris, or Michael Hennessey. But there’s always next year.

Green City: Saving people and the planet

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› news@sfbg.com

GREEN CITY The average young person doesn’t pay much attention to things like wind turbines and energy efficiency. Friends and family, yes. School or work, sure. Green technology? Probably not. And for youths in underserved communities, where violence and economic hardship are a backdrop for everyday life, the likelihood of thinking green is even lower.

Enter activist groups like the Oakland’s Ella Baker Center for Human Rights, and watch as things begin to change. Under the leadership of cofounder Van Jones, the Ella Baker Center has received widespread attention for its role in the development of the Oakland Green Jobs Corps program, set to begin in early 2008.

The Green Jobs Corps will provide training opportunities for hard-to-employ populations (read: at-risk youths, low-income people, and those formerly incarcerated) while supporting the development of a greener economy. It’s no small task. For decades the environmental community has looked for ways to make green relevant to marginalized communities. And it hasn’t been that successful. Ian Kim, campaign director for the Green Jobs initiative, says the program is significant in that it bridges the gap between the environmental and social justice movements.

"The connections are obvious once you start to look at them," Kim told the Guardian. "Just as there are no throwaway resources or species, there are no throwaway people or communities."

The Ella Baker Center has worked closely with the International Brotherhood of Electrical Workers to anchor a larger coalition of activists called the Oakland Apollo Alliance. Together, these groups are propelling the initiative forward. The collaboration is a significant one. Historically, labor activists and environmentalists have been at odds. The assumption: there can be good jobs or a clean environment, not both. Victor Uno, a spokesperson for the IBEW, says that dynamic is changing.

"We think it’s important to partner with community groups, and we need alliances with environmental groups," Uno said. "Economic growth is going to mean green jobs, and we’re working together to create opportunities for people who have been historically locked out."

The Green Jobs Corps program received $250,000 in seed funding from the Oakland City Council in June — part of $2.3 million of unspent settlement funds the city received after the California energy crisis nearly a decade ago. The program will be administered through Oakland’s Community Economic Development Agency, and job training will focus initially on renewable-energy technology and efficiency — a requirement of the settlement funds. Forty young men and women are expected to participate in the nine-month program, which includes six months of training, a three-month paid internship, and services like case management and job placement. Kim says the likelihood of participants obtaining well-paying jobs afterward is good.

"Green-collar employers have jobs that pay a living wage, have benefits and good working conditions," he said. "They offer career ladders and real pathways out of poverty."

While recruitment for the program has not yet begun, Kim is aware that the initial draw will likely be the word job and not the word green. Still, it’s progress.

"There’s no shortage of people looking for job training," Kim said. "It’s within the course of the program that they’ll receive education about environmental awareness and sustainability. We need to educate people where they’re at."

Late last month the Ella Baker Center took the Green Jobs training initiative to the national arena by launching the Green for All campaign.

"We have definitely realized the green job idea is too big for one organization or one group," Kim said. "It’s turning into a really big movement with a lot of players."

The launch comes shortly after Congress approved the Green Jobs Act of 2007 (HR 2847) as part of the proposed energy package. It is legislation that would direct millions of dollars toward green job training and is now awaiting approval or, more likely, a veto from President George W. Bush. Kim said defeat wouldn’t be a surprise.

"We’ll just come back next year," he said. "We’ll come back with more political will and more ideas. There’s a lot to look forward to."

Needed: a campaign against privatization

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EDITORIAL It’s time for San Francisco to declare war on privatization.

The local threat is very real: as we reported in last week’s special anniversary issue, Mayor Gavin Newsom’s administration has moved to turn over a long list of city services — from housing for the mentally ill to the operation of the public golf courses — to the private sector. Should this happen, if history is any guide, the city would wind up losing millions, the quality of services would decline, and the economy would suffer as hundreds of well-paid, unionized employees lost their jobs.

Equally important, the public would lose control over the institutions that were and are created and run for its benefit.

Privatization is a recipe for corruption. There always has been and always will be some level of graft, corruption, and incompetence in government operations; there will always be the occasional city employee who sleeps on the job, fudges time cards, doesn’t do the job right, and somehow manages to avoid being fired. But that sort of small-time problem amounts to peanuts in comparison to what happens when large amounts of public money are turned over to the private sector.

Private companies are out to make profits — and for the most part they keep their finances secret. Many of the worst scandals in American history have involved kickbacks, backroom deals, and bribery aimed at sending taxpayer dollars into the coffers of big contractors, and these continue today. And the argument that the private sector is more efficient often turns out to be utterly false; the absolute worst waste of money in the nation’s health care system, for example, is the phenomenal overhead involved in private insurance plans. As much as 30¢ of every dollar spent on private-sector health care goes to administrative overhead and profit. The public Medicare system operates on about 5 percent overhead.

Of course, the public has no way of keeping track of where most of the private health care money goes; the insurance companies keep that information to themselves. So do most other private contractors that take public money. And even if you don’t like the way the system is managed, you don’t have much choice — insurance executives aren’t elected by anyone and aren’t accountable to the community.

San Francisco has a history of allowing private operators to take over public resources, and the results have been almost universally bad. One of the reasons the 1906 earthquake caused such devastation was that the private Spring Valley Water Co. — looking only for quick profits and not at long-term maintenance or service — failed to keep its pipes in good repair. When the city really needed water, to put out the postquake fires, it wasn’t available. That fiasco led city officials to develop a municipal water system, which now delivers some of the best, cleanest, and cheapest water in the country.

Of course, Congress gave San Francisco the right to build that water system, which uses a dam in Yosemite National Park, only on the condition that it also develop public electric power. Instead, in the greatest privatization scandal in the history of urban America, Pacific Gas and Electric Co. wound up initially controlling much of the output of the dam, and it still controls the city’s electric grid. The result: some of the highest electric rates in the nation and terrible, unreliable service.

San Francisco officials led the way to the privatization of the Presidio, turning over a national park to an unaccountable quasi-private board that operates as a real estate developer. The results: A giant commercial office complex, built with a $60 million tax break. Plans for high-end condos. Traffic problems, neighborhood problems — and a stiff bill to the city’s taxpayers, who have to subsidize private businesses that operate in a federal enclave without paying local taxes.

And if Newsom has his way, the pattern will continue: the mayor’s signature project this past year, for example, has been an attempt to let a private company control the city’s broadband communications infrastructure. Tens of millions in city contracts go every year to private nonprofits that fight like hell to avoid sunshine and accountability.

Enough is enough — San Franciscans of every political stripe need to organize to fight back. This city needs a new political coalition, a campaign against privatization.

There are all sorts of specific policies and legislation that ought to be on the agenda. For starters, privatization expert Elliott Sclar, a Columbia University economist, argues that any private business that takes city money to provide public services ought to be required to abide by open-government laws. That means every scrap of information related to that contract — including financial projections, executive salaries, profit and loss statements, and operating overhead figures — would be public record. All meetings of boards, panels, or other policy-making entities involved in managing the contract would be open to the public. If a private business doesn’t want to abide by those rules, fine; it can stick to private-sector work and stop bidding on government contracts.

Beyond that, the city needs to set up a task force to look at every private contract San Francisco hands out and determine why the city isn’t doing the work itself. If selling electricity is so profitable (and it clearly is, or PG&E wouldn’t be fighting so hard to keep its illegal monopoly), why can’t the city take over the job and bring in some revenue? If there’s money to be made building bus shelters and selling ads on them — and clearly there is, since Clear Channel Communications, a giant private company, went out of its way to get a contract with the city to do so — why can’t San Francisco make that money for the General Fund? If a private company can make money running the golf courses, why can’t the city?

Sure, there are times when it makes sense to bring in an outside contractor. We’d argue, for example, that the Board of Supervisors needs an independent budget analyst, not tied to City Hall, to monitor budgets and spending. But there are millions of dollars going out City Hall’s door every year to private outfits that aren’t accountable to the public. And there are millions of dollars that ought to be available for badly needed public services that the city is losing because some private operator is making a profit on public resources.

Organized labor has every reason to oppose privatization and ought to play a lead role in creating a new coalition. So should the public-power coalition and the folks who have been demanding sunshine for the nonprofits. But everyone who uses public services and pays taxes in San Francisco is affected when city money gets stolen, wasted, or diverted. It ought to be a broad-based coalition.

There’s an opportunity to turn things around here and make San Francisco the model city that it ought to be. There’s no time to waste.

Plus ca change

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› andrea@altsexcolumn.com

Dear Andrea:

Why, umpteen zillion years into the AIDS era (I used to volunteer for Gay Men’s Health Crisis in the 1980s), is there still no useful data about the risks of oral sex for men? Have we really learned nothing since the first appearance of "Low risk but not no risk"? With the understanding that not letting someone come (or precome) in your mouth is a start (but also loses a lot of the appeal), is there any sensible way to assess and reduce the risks of the common American blow job?

Love,

Loyal East Coast Reader

Dear Loyal:

Actually, the relative risks of the Great American Blow Job have been much on my mind of late. I’m working on an article about whatever happened to the heterosexual AIDS epidemic and what straight, middle-class ladies should do about HIV when they start dating again after their marriages break up. (Quick answer: nothing. They’re not going to encounter any, but while they’re taking unnecessary precautions against HIV they’re incidentally protecting themselves from real menaces like human papillomavirus and herpes.) Not that this applies at all to your question or your demographic; what’s sauce for the goose, after all, is not necessarily sauce for gander and gander.

Back when you were first volunteering in New York and I was out here gearing up to become a sex educator, nobody knew nothin’, and the safest thing to do was to lump everything that might possibly be dangerous into "Thou shalt not" and try to get people to take a "100 percent safe" pledge. I suspect that then, as now, the people most likely to achieve 100 percent safety weren’t at much risk to begin with, while the hard partiers continued to party hard-ly, no matter what their T-shirts said. I know for a fact that politically aware womyn at the time would not shut up about woman-to-woman transmission, which turned out to be so much poppycock — or poppyhen, as they might have had it. Likewise, the much-ballyhooed heterosexual AIDS epidemic never made it off the cover of the news magazines and into the bedrooms and bloodstreams of straight America.

So, your question. If there were a definitive answer to that, it would be coming out of a few labs here in San Francisco. But of course, HIV being a shifty bugger and human behavior being even worse, there isn’t. There are animal studies (using simian immunodeficiency virus, which is similar but by no means identical) demonstrating that you can easily spread the virus by swabbing monkey tonsils with an infected Q-tip. Then there are the epidemiological studies like HOT, the HIV Oral Transmission study, dedicated to finding those cases in which a guy gave blow jobs but never, ever, ever had unprotected anal sex and seroconverted anyway, and that is so complicated a business I’m going to let one of the researchers explain it:

"I’m going to conclude with the HOT study, in which, again, we interview men who we screen and rescreen to ascertain that, in fact, their only risk is oral sex. So they are a special population, and they are screened and rescreened, and they get their HIV test, and eventually we do another very in-depth interview, and after three corroborating screenings, or two screenings and one interview in which they say they’ve only had oral sex, 25 percent later report a higher risk exposure — anal sex in the same time period — after we get them in another environment with a different questionnaire and a face-to-face interview, and this is after they’ve been told that, in fact, they’re negative. And so we see this working many ways, and they’re, like, ‘Whew! Well, now I can tell the truth.’ But in fact, of those 363 men, we estimate that up to a quarter of them probably weren’t having only oral sex, and so I think that we have huge problems in terms of self-reported risk behavior."

That was from a very informative experts’ roundtable discussion I found on HIV Insite (hivinsite.ucsf.edu), a UC San Francisco site I have just declared required reading for the interested. The good news is that the best work currently being done is readily available to us for free. The bad news is that, due not to bad science or lack of science but to the vagaries of human memory and human motivation, they still can’t really answer your question. How many new HIV infections are caused by fellatio to ejaculation? I’ll let the above experts answer that. It’s funny but not, you know?

JK I think we agree it’s less than 5 percent, don’t we?

SB Uh, … yes, I’d probably say it’s — it may be less than 5 percent. I’d say 5 percent or less. But I wouldn’t say 1 percent either.

JK Well, 1 percent is less than 5 percent … [Laughter]

KS Well, I wouldn’t say "5 percent or less."

SB So I don’t know that we’re going to come to consensus on that.

And what’s the best way to reduce whatever risk there is? Not going down on HIV-positive men. Easy for me to say, sure, and awfully glib, but you can’t say it ain’t so.

Love,

Andrea

41st Anniversary Special: Private practice

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› gwschulz@sfbg.com

Low-income tenants cheered late last year when the San Francisco Department of Public Health ended its housing contract with the John Stewart Co. But no one expected the alternative would be a secret $5 million deal between DPH officials and a preferred vendor.

In fact, the DPH has opened a new chapter in privatization by creating a dubiously accountable, quasi-independent nonprofit while paying someone else to operate it with a sole-source contract.

The health department leases several single-room-occupancy hotels in San Francisco that house mental health and substance-abuse patients through a program called Direct Access to Housing, part of a laudable nationwide trend toward deinstitutionalizing such medical clients and changing how the formerly homeless receive services.

The Camelot on Turk Street and Le Nain on Eddy Street were among those managed by John Stewart until last autumn. Mercy Housing oversaw two more. But there were problems; tenants complained about the Stewart company’s management, and political organizers last year charged that desk clerks at some of the buildings prevented them from registering tenants to vote.

"If you’re part of a larger company that just sees themselves as a more generic property-management company," said Marc Trotz, director of the health department’s housing office, "there isn’t necessarily the training and skills development that needs to be there to handle the complexities that come up on a daily basis with the population we’re dealing with."

So the health department’s answer was to broker an exclusive $5 million contract with a nationwide nonprofit based in San Francisco known as the Tides Center. Tides doesn’t do any of the heartwarming outreach we tend to associate with nonprofits. Instead, the outfit handles the boring administrative functions like payroll and human resources for community projects created by others.

The project in this case is Trotz’s brainchild Delivering Innovation in Supportive Housing, which essentially exists as a nonprofit only on paper. There’s no board of directors. There are no federal tax forms outlining expenses and revenue. And Tides doesn’t itemize projects like DISH in its annual financial statements. So there’s no easy way for the public to track the money that goes into the project.

Yet DISH has so far never been forced to compete for property-management contracts like any other nonprofit wanting to do business with the city. That means the DPH gets the best of both worlds, paying someone in the private sector to manage its books and not having to subject its pet project to the competitive atmosphere of contract bidding.

Further, since Tides is technically the employer of record for DISH’s 60 or so employees, they exist in an ethereal world where they don’t fall under the city’s salary and benefits structure, but unions can’t reach them unless they’re willing to organize all 200 projects managed by Tides nationally.

Needless to say, none of this is sitting well with the nonprofits and unions that insist they weren’t informed of the plan until it was off and running.

"I feel like at union nonprofits, the turnover’s much lower, the training’s higher, and if a manager is abusing a tenant, for instance, a union worker can make a complaint to a city agency, write them up, do something without being afraid for their jobs," said Sarah Sherburn-Zimmer, a former organizer for the Tenderloin Housing Clinic. "And we just give better care."

The THC, whose workers are represented by Service Employees International Union Local 1021, says it was never formally invited to bid on DISH, despite the fact that it does extensive work with the city and manages more than 1,500 units of low-income housing.

"All they had to do to find out was send a letter or call us…. The fact that they made the effort to set up their own entity kind of shows that’s what they wanted to do," THC director Randy Shaw said.

The Tides contract so annoyed Board of Supervisors president Aaron Peskin that he drafted a resolution pointing out that Mayor Gavin Newsom signed an executive order in 2004 calling for maximum competition in city contracts.

"This Board of Supervisors has been on record for years in wanting to make sure contracts are competitively and fairly bid," Peskin told the Guardian. "This whole thing seems rather bizarre. The government was in essence contracting with itself."

The health department’s Trotz dismisses this criticism, saying sole-source contracts were designed in the first place to allow for agreements like the Tides deal, which he calls a pilot project. Next time, he promises, the department will open the contract to bids. Trotz added that Tides is responsible if a DISH employee screws up, and it faces an annual monitoring probe by DPH staffers, just like any other contractor.

"I know now that THC and the union seem to be upset by this," Trotz said. "What we’re saying is we’ve heard that and we are doing what we always intended to do, which is run a two-year pilot and put a [request for proposals] out on the street and ready for people to apply to prior to the start of the next fiscal year."

Of course, no one’s suggesting Tides and DISH will necessarily do a poor job handling supportive housing. Shaw said lefties were the first to argue nearly three decades ago that nonprofits could address public health much more sensitively than did Dianne Feinstein’s mayoral administration of the 1980s. Last year the health department did $174 million worth of business with nonprofits. While unions have been slow to organize nonprofits, the trend is growing, but Tides and DISH seem structured to stiff-arm them when covert, sole-source contracts haven’t done that already.

"This obviously was a secret decision," Shaw said. "[The DPH] never consulted with anybody. They just did it. I don’t want to comment on the health department beyond what I’ve said. But this experience has left people very cynical about dealing with the health department [and] the way they handled the whole thing."

41st Anniversary Special: Wrecked park

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› news@sfbg.com

The San Francisco Recreation and Park Department has a long history of maintaining parks, community centers, and other recreational offerings. In fact, it controls more land in the city than any other entity, public or private. But after seeing its budget repeatedly slashed during lean fiscal years, the underfunded department has become a prime target for some controversial privatization schemes.

There are ongoing efforts to privatize city golf courses, supported by Mayor Gavin Newsom and Rec and Park general manager Yomi Agunbiade (see “Bilking the Links,” page 22). And there are ongoing fears that the city intends to privatize its popular Camp Mather vacation spot, something the RPD studied a few years ago and Sup. Jake McGoldrick has fought and highlighted.

Rec and Park has identified $37 million in needs at Camp Mather — the product of a private study the agency has been unable to fully explain to the public (see “From Cabin to Castle,” 4/4/07) — but left Camp Mather off a big bond measure planned for February 2008.

“They say $37 million you need up here, and how much you got in there for the ballot measure? Zip, zero,” McGoldrick told the Guardian. “It’s a familiar pattern: you underfund the hell out of something, and then you turn around and say, ‘We, the public sector, cannot handle taking care of this.'<0x2009>”

Rec and Park spokesperson Rose Dennis denies there are plans to privatize Camp Mather or that its omission from the bond measure is telling. “Many people disagreed — including you — with the funding needs and whether we could back it up,” she explained as the reason for its omission from the bond measure.

In his Oct. 1 endorsement interview with the Guardian, Newsom said, “We actually made some commitments just this last week with Sup. McGoldrick to help support his efforts, because he’s very protective of Camp Mather, and I appreciate his leadership on this, to help resource some of the needs up there without privatizing, without moving in accordance with your fears.”

And while Newsom said he hoped to avoiding privatizing Camp Mather, he refused to say he wouldn’t: “I’m not suggesting it’s off the table, because I’m not necessarily sure that the conditions that exist today will be conditions that exist tomorrow, and I will always be open to argument.”

But at least the Camp Mather and golf arguments have been happening mostly in public. That’s what voters intended in 1983 when they passed Proposition J, which requires public hearings, a staff study, and a vote by the Board of Supervisors before city services can be privatized. Yet over the past couple of years, there’s been an effort to quietly shift operations at a half-dozen rec centers away from city programs and toward private nonprofits.

It’s called Rec Connect. Its supporters bill it as an innovative effort to bring much-needed recreation programs to underserved, low-income neighborhoods. “This is a pilot program to see if a collaboration between a community-based organization and a rec center yields a richer program and a more engaged community,” said Margaret Brodkin, director of the Department of Children, Youth and Their Families, which created the program and oversees that and other uses of the city’s Children’s Fund.

But to members of the Service Employees International Union Local 1021 — which includes most city employees and has filed grievances challenging Rec Connect — the program is a sneaky attempt to have underpaid, privately funded workers take over services that should be provided by city employees, who are better paid, unionized, and accountable to the public.

“The city took funds from the city’s coffers and gave them to the Department of Children, Youth and [Their] Families,” Margot Reed, a work-site organizer for the union, told the Guardian. “DCYF is using these funds, through Rec Connect, to contract out to private nonprofits work that rec staff were doing for a quarter of the cost.”

Brodkin was the longtime director of Coleman Advocates for Children and Youth — a perpetual thorn in the side of City Hall and the author of the measure that set aside some property taxes to create the Children’s Fund — before Newsom hired her to head the DCYF. She sees her current role as a continuation of her last one, and she sees Rec Connect as an enhancement of needed services rather than a privatization.

“There is a commitment that no jobs would be lost. I’m a big supporter of the public sector,” Brodkin said, while acknowledging that the RPD is chronically underfunded. “I am certainly aware of the resources issue at Rec and Park…. I’d be a happy camper if the Rec and Park budget was doubled. But I’d still believe in this program and say it offers a richer experience.”

Rec Connect began in 2005 with a study that looked at unmet recreational needs and evaluated facilities that might be good places to bring in community-based organizations to offer specialized classes. The whole program was financed through a mix of public funds and grants from private foundations. The three-year pilot program started just over a year ago.

“The Rec Connects,” Newsom told the Guardian, “are a way of leveraging resources and getting more of our CBOs involved and using these great assets and facilities, instead of limiting use to the way things have been done.”

Rec Connect director Jo Mestelle denied that the initiative is a privatization attempt.

“Rec and Park brings the facilities, the sports, and traditional recreation. The CBOs bring the youth-development perspective and nontraditional programming,” Mestelle said. “Hopefully, together we build a community that includes youth-leadership groups and advisory councils.”

Few would dispute the need for more after-school or other youth programs, particularly in the violence-plagued Western Addition, where some of the Rec Connect centers are. But the means of providing these programs is something new for San Francisco, starting with the fact that even though Mestelle works in the DCYF office, her salary is paid for entirely by private foundations.

That relationship and those funders aren’t posted anywhere or immediately available to the public, but Brodkin agreed to provide them to the Guardian. They include the Hellman Family Philanthropic Foundation ($50,000), the Hearst Foundation ($50,000), the San Francisco Foundation ($128,000), the Haas Foundation ($100,000), and the SH Cowell Foundation ($150,000).

Brodkin and Mestelle characterized those foundations as fairly unimpeachable, and Brodkin defended the arrangement as part of a national trend: “The thing that’s odd about SEIU’s perspective is this is happening all over.”

That’s precisely the point, SEIU’s Robert Haaland says.

“It’s been a strategy since the ’70s to, as [conservative activist] Grover Norquist calls it, ‘starve the beast,'<0x2009>” or defund government programs, Haaland said. “On a national level there is a lot going on that impacts us locally.”

Minutes from a recent Recreation and Park Commission meeting confirm that rec center directors have only about $1,000 each year to cover the cost of buying basketballs, team jerseys, referee whistles, and other basic sports and safety supplies. The SEIU grievance also notes that recreation staff positions have decreased by a third just as senior management positions increased by a third.

“We don’t have enough dollars for $20-an-hour rec center staff who are directly responsible for the kids and are well known to the community. We believe kids deserve great coaches, consistency, longevity, and commitment,” Reed said.

SEIU Local 1021 chapter president Larry McNesby is also the Rec and Park manager who oversees Palega Park, one of the Rec Connect sites. He told the Guardian that while his rec directors are “under pressure from the mayor to show him numbers of people that they are serving,” Rec and Park’s new online registration fails to reflect the “hundreds of drop-ins” that rec staff serve on a daily basis.

But he said the department has been set up to fail by chronic underfunding.

“I’d love Rec Connect and DCYF to be on a level playing field, because my directors could out-recreate theirs any day,” McNesby said. “You can’t just eliminate our jobs and replace them with someone who makes just above minimum wage.”

Actually, Brodkin and Mestelle note that negotiations with SEIU over Rec Connect have resulted in a guarantee that no jobs will be replaced and an agreement by the city as to 250 different tasks that the Rec Connect CBOs can’t perform. Still, they say the program brings innovation to a stagnant city agency.

“Before Rec Connect the rec centers always had a Ping-Pong table and some board games, but some of them were really poor, many were tired looking, none had computers or Internet. So we’ve had to think outside the box. Rec [and] Park is a big department, and it’s not always efficient,” Mestelle said.

Public records show that in 2006, the DCYF, whose primary function is to administer grants, sent $1 million in public money to Rec Connect from the Children’s Trust Fund, a pool of cash the city gathers each year by levying 3¢ per dollar of property tax.

Both Rec Connect and city workers stress the importance of offering a range of good programs to young people. “Our work is at a more social level,” McNesby says. “Every minute a kid spends in a rec center is a minute they’re not breaking into a car or victimizing someone or being victimized.”

The question is who should provide those programs. “It’s society’s value system that controls where the money goes,” Rec and Park spokesperson Dennis said. “It’s a really provocative discussion. There are some very compelling trade-offs argued in convincing fashion by intelligent people on both sides. These aren’t easy decisions.”

But the union people say that when it comes to Rec Connect, that discussion isn’t happening in public forums in a forthright way. As Reed said, “Gavin Newsom never went to the voters and said, ‘Here’s what we want to do: cut the rec staff and bring in private nonprofits.'”

41st Anniversary Special: Bus stop

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› gwschulz@sfbg.com

There’s a money room in the basement of 1 South Van Ness, where the Municipal Transportation Agency, which operates Muni, is headquartered. Workers literally count by hand bags of cash and coins taken in as fares from passengers throughout the day.

When Muni recently needed to pull some of those unionized bean counters away from the money room to staff kiosks around the city where transit passes are sold, its managers hoped to replace them with workers from a private contracting outfit.

The plan unsettled the Service Employees International Union Local 1021, which persuaded Muni against the idea and instead encouraged it to create 10 new full-time city positions to cover the work that was needed. But the MTA’s immediate turn to the private sector is telling.

Powerful local unions would no doubt fight it, but public-transit consultants working with the city have insisted that the outright privatization of San Francisco’s municipal transit system is worth consideration. Advisors to the Transit Effectiveness Project, first unveiled by Mayor Gavin Newsom during a 2006 speech, insist nothing is too controversial for debate.

"There’s nothing we’ve been told to take off the table," a consultant hired by the city told the San Francisco Chronicle late last year.

The Transit Effectiveness Project’s final recommendations are expected next year, when it’s likely Newsom will be starting his second and final term. Big segments of Muni have already been privatized over the years. In fact, Controller’s Office records show the MTA has privatized far more formerly public services over the past two decades than any other city department by far.

In 1983 voters passed Proposition J, authorizing the city to contract out services performed by city workers who’d passed civil service exams to prove their skills as long as the Board of Supervisors passed a resolution certifying a cost savings. The MTA issued $46.5 million worth of private contracts last year covering 689 positions, according to figures maintained by the Controller’s Office.

Muni has used private security guards since 1975, and 400 private workers handle paratransit services, which aid the disabled. Towing, janitorial, meter-collection, and citation-information services have all been privatized. In total, the MTA’s purported cost saving is as much as $20 million per year.

But that’s a sliver of MTA’s $680 million budget, and there are perennial fears of more privatization pushes. This fall’s Muni reform measure, Proposition A, nearly went to the ballot with language that could have allowed millions of dollars in new privatized work at Muni without review from civil service commissioners, but it was removed at the insistence of labor leaders.

San Diego privatized many of its transit services in the ’80s, gradually contracting out services as public employees retired. By last year about half of San Diego’s bus routes were managed by three private contractors, including Violia, an Illinois company that also runs Muni’s paratransit services. Labor leaders say service in San Diego suffered under privatization, and they oppose similar changes here.

"Whenever you contract out a department, whenever you let go of control, then you don’t have control of the product," Cristal Java, an organizer for SEIU Local 1021, told the Guardian.

Prop. A’s language was changed to preserve union jobs if new routes and lines are introduced that may otherwise have been susceptible to privatization, but there are no assurances that city officials won’t eventually point to Muni’s widely bemoaned system deficiencies and claim that further contracting out is necessary.

"We see the same operational problems, and hiring new full-time, permanent people is a way to deal with it instead of contracting out," Java said. "The unions, allies, and MTA got together to make Prop. A something that worked for everyone."

Editor’s Notes

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› tredmond@sfbg.com

These are some of the things that Mayor Gavin Newsom has moved to turn over to the private sector in the past four years:

Housing for the mentally ill

Public golf courses

Camp Mather

The entire city broadband infrastructure

The city’s new power plants

Homeless outreach

Environmental cleanup

Recreation programs

Jail health services

Security guards at public institutions

Development of tidal energy

Reconstruction of public housing

And, of course, Pacific Gas and Electric Co. still controls the city’s power grid (illegally).

Yet when we talked to the mayor about privatization recently, he told us he’s generally against it. "Privatization is failing," he said. "So I’m not pro-privatization. I don’t look to privatize."

What’s going on here?

Well, for starters, the mayor isn’t being entirely candid. Newsom’s administration has been moving aggressively to adopt programs with names like "public-private partnerships" to take over jobs that ought to be in the public sector. Even when there’s something that is clearly the job of government — like building the information highway that will be more important than roads and bridges in the future — the mayor tries first to get the private sector to do it. "I look for ways to manage more creatively and more efficiently," Newsom said.

That’s in part because, for all his talk of bold initiatives, the mayor is a timid chief executive. At a time when politicians of all stripes around the nation are afraid to talk about tax hikes, afraid to talk about the value of the public sector, afraid to do anything that might remind people that Ronald Reagan was wrong, letting the private sector take the lead is easy and painless. As Sup. Jake McGoldrick told us, "I suspect that [Newsom] succumbs to the path of least resistance there because of the tremendous amount of pressure that the private sector puts on trying to gain control over public assets."

It would take a fair amount of effort and public money to keep, say, the golf courses under city control. Giving them to a private company is easy. Maybe the courses ought to be turned into soccer fields; that costs money too. Perhaps the easiest thing is to let the Fisher family, of Gap fame and fortune, pay for it (the way the family paid for the new playing surface at Garfield) — and then put up big "Gap Field" signs with blue jean ads, let the Fishers hold private parties there on Sundays, or charge admission … or something else "creative and efficient."

That’s how it works these days: instead of taxing the rich and spreading the benefits around through a democratic system, we let the rich set the agenda. If Don Fisher’s willing to pay for new soccer fields, then we get new fields. Maybe he (or some other private outfit) wants to save the golf courses; OK, we’ll do that instead.

Newsom isn’t Reagan or Grover Norquist; he’s not a rabid ideological promoter of privatization. He’s just a tame elected official who won’t stand up and fight, who won’t make it clear that San Francisco isn’t for sale, who won’t put his immense political capital on the line to preserve the public sector for the public. And for that, he is a failure.

41st Anniversary Special: The privatization of San Francisco

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› tredmond@sfbg.com

William M. Tweed was one of the greatest crooks in American political history, a notorious Tammany Hall boss in New York who managed in the course of just a few years, starting in 1870, to steal more than $75 million (the equivalent of more than $1 billion today) from the city coffers. The way he did it was simple. As Elliott Sclar, a Columbia economist and expert on privatization, notes, Tweed took advantage of the fact that much of the work of city government was contracted out to private companies. Boss Tweed controlled the contracts; the contractors overcharged the city by vast sums and kicked back the money to Tammany Hall.

This is a rather extreme example, but not, Sclar argues, an atypical one: the worst corruption scandals in American history usually involve private contractors and public money. In fact, he argues, privatization is almost by its nature a recipe for scandal and corruption.

Nothing in the public sector — no incompetence, no waste, no bureaucratic bungling — begins to compare with what happens when private operators get their hands on public money. And the cost of monitoring contracts, making sure contractors don’t cheat or steal, and forcing them to act in ways that reflect the public interest is so high that it dwarfs any savings that privatization seems to offer.

That’s the message of the Guardian‘s 41st anniversary issue.

It’s relatively easy to investigate government malfeasance. The records are public, the players are visible, and the laws are on the side of the citizens.

But when Bruce B. Brugmann started the Guardian in 1966 with his wife, Jean Dibble, he realized that the real scandals often took place outside City Hall. They involved the real powerful interests, the giant corporations and big businesses that were coming to dominate the city’s skyline and its political life. The details were secretive, the money hidden.

One of the first big stories the paper broke, in 1969, involved perhaps the greatest privatization scandal in urban history, the tale of how Pacific Gas and Electric Co. had stolen San Francisco’s municipal power, to the tune of hundreds of millions of dollars. The famous Abe Ruef municipal graft scandals of the early 20th century, the Guardian wrote, were "peanuts, birdseed compared to this."

When I first came to work here, in 1982, Brugmann used to tell me that daily papers, which loved to try to expose some poor soul who was collecting two welfare checks or a homeless person who was running a panhandling scam, were missing the point. "If you look hard enough, you can always find a small-time welfare cheat," he’d tell me. "We want to know about corporate welfare, about the big guys who are stealing the millions."

And there were plenty.

In his new book Supercapitalism: The Transformation of Business, Democracy, and Everyday Life (Knopf), Robert Reich, the economist and former secretary of labor, argues that during the cold war, when American politicians railed against the socialist model of economic planning, this country actually had a carefully planned economy. The planning wasn’t done by elected officials; it was done by a handful of oligarchic corporations and military contractors.

Modern San Francisco was born in that same cauldron. During World War II, captains of industry and military planners took control of the city’s economy, directing resources into the shipyards, collecting labor from around the country to build and repair Navy vessels, and making sure the region was doing its part to defeat the Axis powers. It worked — and when the war ended the generals went away, but the business leaders stayed and quietly, behind closed doors, created a master plan for San Francisco. Downtown would become a new Manhattan, with high-rise office buildings and white-collar jobs. The East Bay and the Peninsula would be suburbs, with a rail line (BART) carrying the workers to their desks. Private developers, working under the redevelopment aegis, demolished low-income neighborhoods to build a new convention center and hotels.

Nobody ever held a public hearing on the master plan. And it wasn’t until the late 1960s that San Franciscans figured out what was going on.

By 1971 the fight against Manhattanization began to dominate the Guardian‘s political coverage. It would play center stage in San Francisco politics for two more decades. The paper ran stories about high-rises and freeways and environmental impact reports, but the real issue was the privatization of the city’s planning process.

Ronald Reagan soared into the White House in 1980, rolling over a collapsing Jimmy Carter and a demoralized, moribund Democratic Party. Reagan and his backers had an agenda: to dismantle American government as we knew it, to roll back the New Deal and the Great Society, to get the public sector out of the business of helping people and give the benefits to private business. "Government," Reagan announced, "isn’t the solution. Government is the problem."

The Guardian was firmly planted on the other side. We supported public power, public parks, public services, public accountability. We had no blinders about the flaws of government agencies — I spent much of my time in the early years writing about the mess that was Muni — but in the end we realized that at least the public sector carried the hope of reform. And we saw San Francisco as a beacon for the nation, a place where urban America could resist the Reagan doctrine.

Unfortunately, the mayor of San Francisco in the Reagan years might as well have been a Republican. Dianne Feinstein’s faith in the private sector rivaled that of the new president. She turned the city’s future over to the big real estate developers. She vetoed rent control and gave the landlords everything they wanted. And when the budget was tight, she ignored our demands that downtown pay its fair share and instead raised bus fares and cut library hours.

When gay men started dying of a strange new disease, there was no public money or service program to help them, from Washington DC or San Francisco. So the community was forced to build a private infrastructure to take care of people with AIDS — and years later, as Amanda Witherell notes in this issue, those private foundations became secretive and unaccountable.

In 1994 we got a tip that something funny was going on at the Presidio. The Sixth Army was leaving and turning perhaps the most valuable piece of urban real estate on Earth over to the National Park Service … in theory. In practice, we learned, some of the biggest corporations in town had come together with a different plan — to create a privatized park — and Rep. Nancy Pelosi was carrying their water. Every detail of the Presidio privatization made the front page of the Guardian — and still, the entire Democratic Party power structure (and much of the environmental movement) lined up behind Pelosi. Now we have a corporate park on public land, with that great pauper George Lucas winning a $60 million tax break to build a commercial office building in a national park.

And still, it continues.

Mayor Gavin Newsom, a rising star in the Democratic Party, who told us he’s no fan of privatization, demonstrated the opposite in one of his signature political campaigns this year: he tried (and is still trying) to turn over the city’s broadband infrastructure — something that will be as important in this century as highways and bridges were in the last — to a private company. That’s what the whole wi-fi deal (now on the ballot as Proposition J) is about; the city could easily and affordably create its own system to deliver cheap Internet access to every resident and business. Instead, Newsom wants the private sector to do the job.

The Department of Public Health is running public money through a private foundation in a truly shady deal. The mayor’s Connect programs operate as public-private partnerships. Newsom wants to privatize the city’s golf courses, and maybe Camp Mather. He’s prepared to give one of the worst corporations in the country — Clear Channel Communications — the right to build and sell ads on bus shelters (and nobody has ever explained to us why the city can’t do that job and keep all the revenue). Housing policy? That depends entirely on what the private sector wants — and when we challenged Newsom on that in a recent interview, he snidely proclaimed that the city simply has to follow the lead of the developers because "we don’t live in a socialist society."

This is not how the city of San Francisco ought to be behaving. Because when you give public land, public services, public institutions, and public planning initiatives to the private sector, you get high prices, backroom deals, secrecy, corruption — and a community that’s given up on the notion of government as part of the solution, not just part of the problem.

You start acting like the people who have been running Washington DC since 1980 — instead of promoting a city policy and culture that ought to be a loud, visible, proud, and shining example of a different kind of America.

Day job hell: Litquake writers say “I’d prefer not to”

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By Justin Juul

“It’s a shame that the only thing a man can do for eight hours a day is work. He can’t eat for eight hours; he can’t drink for eight hours; he can’t make love for eight hours. The only thing a man can do for eight hours is work.”
–William Faulkner

Day jobs are terrible, soul-crushing, things for most people, but they can actually inspire thoughts of suicide and murder in those with high aspirations — like writers, for example. Such was the case with the literary giants who spoke at Porchlight / Litquake’s recent shindig, “I’d Prefer Not To: Writers Talk About Day Job Hell,” and such is the case with me. I have been working non-stop since the age of fourteen and I have hated every minute of it with all my heart. But what can you do, right? Until someone offers to pay me a living-wage for writing, I’m just gonna have to keep on hustling. I got bills and shit, ya know?

crispinglover.jpg
Crispin Glover as Bartleby, the Melville character who made “I’d prefer not to” a revolutionary cry.

bartleby1.jpg
A coffee mug stencil of Crispin Glover by Mr. Juul. We’ll leave the implications to Baudrillard, thanks.

The pretty dang famous writers who spoke at The Swedish American Hall on Monday were able to laugh and make jokes about working because they don’t have to do it anymore. These days they just kick back and enjoy wealth and fame and appreciation and respect and adoration and I fucking hate them all. God!

Here’s a partial list of the shitty positions they held before they got their big breaks.