Mayor

Muni reform that might actually work

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

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

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

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

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

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

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

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

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

Muni reform that might actually work

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

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

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

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

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

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

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

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

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

Sit-lie proponents criticize their allies

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It’s really amusing to read the recriminations and second-guessing from the most vociferous proponents of criminalizing sitting or lying on San Francisco sidewalks after yesterday’s Public Safety Committee hearing on the matter. And the funniest part is their failure to understand that this punitive, overreaching law just isn’t needed to deal with aspects of street life that scare them most, as the police reluctantly testified.

Chronicle columnist C.W. Nevius and Haight Street resident Arthur Evans have been the two most vocal promoters of the sit-lie ordinance, and both sounded similar criticisms of the Police Department and the Mayor’s Office (as well as progressives, their usual target), Nevius in the paper and Evans on the Guardian’s Politics blog (last comment on this item). They call on the so-called “moderates” step up their games or be defeated.

But they miss the point, and falsely believe that “common sense” is on their side. Certainly police officers have the ability to deal with rowdy groups of vagrants who are blocking the sidewalks and intimidating people. They do it all the time, and simply walking a beat usually prevents such behavior. To argue that tough police officers are powerless to deal with thugs defies common sense. And Assistant Chief Kevin Cashman even testified that police don’t need an official citizen complaint to deal with people who are blocking the sidewalk, debunking a fallacy that is oft-cited by Evans and others.

But the efforts by Evans and the Chamber of Commerce to rebrand the sit-lie ordinance as the Civil Sidewalks Law – and to threaten to use it as a wedge issue on the November ballot – reveals their true intentions. The bottom line is they don’t like the more unruly aspects of urban life, and they believe that they can legislate “civility” and have the cops enforce it.

That’s a scary notion, and it’s part of larger campaign to, as Nevius writes, “demonstrate to the far-left supervisors that they were seriously out of step with the residents of the city.” Nevius, who is not a resident of this city, wants San Francisco to be a bit more like his hometown of Walnut Creek. But San Franciscans shouldn’t fall prey to their divisive fear-mongering, and supervisors like Sup. David Chiu – who has publicly toyed with the idea of compromising on sit-lie with some kind of restorative justice program – should heed the message of this hearing and resist creating an unnecessary new law that the community opposes.

Unfortunately, that didn’t happen yesterday as the committee voted to continue the matter for two weeks. And you better believe that next time, the Evan-Nevius crowd will come back strong, with more fearful anecdotes than ever. But the opposition campaign to sit-lie has been strong, creative, and effective — the true voice of San Francisco — and it seems up to the fight.

ICE says it will automatically vet juvenile immigrants fingerprints

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In what appears to be another fatal blow for San Francisco’s sanctuary laws–and due process in general— officials for U.S. Immigration and Customs Enforcement (ICE) say the fingerprints of juvenile immigrants charged with serious offenses will also be automatically forwarded to ICE

“My colleagues in SF advise that the fingerprints of juveniles arrested for criminal offenses will also be vetted through Secure Communities,” Virginia Kice, ICE’s Western Regional Communications Director, told the Guardian.

“If that’s the case, that’s pretty significant,” said Sup. David Campos, who was under the impression that the Secure Communities initiative would not touch juveniles. The thinking, Campos said, was that juveniles’ fingerprints were handled through a separate database and therefore would be exempt from the new federal initiative.

Sheriff Mike Hennessey, who does not handle juvenile detainees, told the Guardian,  “If I had to guess, I would say that Ms. Kice is correct, but it’s possible that the computer could be bifurcated.”

Calls to Mayor Gavin Newsom, San Francisco Juvenile Probation Department Chief William Siffermann and California Attorney General Jerry Brown (whose office maintains fingerprinting databases) remained unanswered, as of blog posting time.

SF nightclubs fight back with new organization

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In the ongoing War on Fun in San Francisco, a new combatant officially entered the battlefield last night with the launch of the California Music And Culture Association (which strangely goes by the acronym CMAC rather than CMCA). It aims to be a political advocacy organization and to provide members with services such as neighbor relations advice, group insurance, and discounted legal services.

“We’re here to celebrate a new era of nightlife and entertainment in San Francisco,” CMAC President Sean Manchester, owner of Mighty and Wish, told a crowd at Mezzanine that included club owners, lawyers, promoters, performers, and politicians ranging from supervisorial candidates Scott Wiener from D8 to Debra Walker in D6. California Sen. Mark Leno also sent a formal resolution of support for CMAC.

A video prepared for the event included an even wider array of local figures extolling the importance of nightlife to San Francisco, including SF Convention & Visitors Bureau chief Joe D’Alessandro and San Francisco Planning and Urban Research Association (SPUR) director Gabriel Metcalf, who said, “I think it’s great that the nightlife industry is getting organized.”

That organization was prompted by threats and harassment from the San Francisco Police Department, the California Department of Alcoholic Beverage Control, neighbors of some clubs, and Mayor Gavin Newsom and others who have been on a campaign to demonize the industry and its regulation by the Entertainment Commission.

It’s a trend that the Guardian has been writing about for years, and one that I’ll be discussing this Tuesday as part of a panel assembled by SPUR that includes representatives from the SFPD and Entertainment Commission, as well as Sup. Bevan Dufty, who spearheaded the cancellation of Halloween in the Castro.

Chiu moves to reject Muni budget

At the May 4 Board of Supervisors meeting, Board President David Chiu introduced a motion to reject the Municipal Transportation Agency budget, approved by the MTA Board on April 20.

Noting the deep service cuts that are scheduled to inflict the city’s public transportation system on Saturday, May 8, Chiu said riders could expect “longer wait times, more crowding, and people being passed up by full trains.”

Chiu has signaled his frustration with the MTA before and called for reform. “We will be having many conversations with the MTA and with the Mayor’s Office, but I do think at this time we can do better than the budget that we have in front of us,” he said.

Chiu also referenced a recently issued City Controller’s review of SFMTA work orders, conducted to find out if various city departments contracted to provide services for Muni are fairly and accurately billing the agency. The report indicated that MTA work order expenditures have been on the rise, while various city departments “did not often provide sufficient reporting documentation in their billings, and we don’t have a strong sense of whether these bills were paid appropriately for services rendered,” Chiu noted.

Accordingly, he introduced accompanying legislation requesting that the City Attorney draft legislation to implement key recommendations in the controllers’ review.

“It’s just not responsible,” said Tony Winnicker, press secretary to Mayor Gavin Newsom, when asked for a comment on the proposal to reject the Muni budget. “If they’ve got specific solutions … then that’s different. But for now it’s just political grandstanding of the worst kind, and it’s really irresponsible.”

According to section of the City Charter that deals with the public-transit system, however, the board doesn’t have the power to modify the MTA’s budget — it can only accept it or give it a thumbs down. According to Section VIII A 106 (c): “the Board of Supervisors may allow the Agency’s budget to take effect without any action on its part or it may reject but not modify the Agency’s budget by a seven-elevenths’ vote.”

Will Arizona trigger even worse federal immigration laws?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The voice of fun

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steve@sfbg.com

In the midst of a crackdown on San Francisco nightlife, club operators, promoters, entertainers, and supporters of a vibrant urban scene have formed a new lobbying group that seeks to offer a united voice in favor of fun.

The California Music And Culture Association (CMAC), a nonprofit advocacy and education group, launches its first chapter in San Francisco this week.

Discussions about the need to organize have been going on for years among the owners of local nightclubs such as Bottom of the Hill, Mighty, DNA Lounge, and Café Du Nord. They were initially triggered by arbitrary enforcement actions by the California Alcoholic Beverage Control (ABC) and persistent noise complaints by a handful of NIMBY neighbors (see “Death of fun,” 5/24/06 and “Death of fun, the sequel,” 4/24/07).

But in recent months, conflicts between the culture-creators and enforcement agencies have come to head, driven by an aggressive crackdown on parties and clubs led by ABC agent Michelle Ott and San Francisco cop Larry Bertrand (see “The new war on fun,” March 23) and efforts by Mayor Gavin Newsom and other officials to blame youth violence on the entertainment industry.

“This is certainly as bad as it’s ever been,” said Guy Carson, owner of Café Du Nord and a CMAC board member who has run San Francisco nightclubs for 26 years. “We needed an organization that can speak for us.”

So dozens of nightlife advocates have pooled their resources to create CMAC. The organization is supported by membership dues and aims to follow a model similar to the San Francisco Bicycle Coalition, which has more than 11,000 members and has been effective at advocating for their interests.

What’s at stake, Carson said, is San Francisco’s reputation as a vibrant, world-class city that nurtures its artists and welcomes those who come into town for parties and events.

“Do we want to look like Walnut Creek?” Carson asked rhetorically. “I came here because I like a vibrant arts scene, and that requires an infrastructure. It doesn’t happen in a void.”

He said City Hall and the enforcement agencies have lost sight of the important role nightlife plays in creating the city’s culture, and how aggressive enforcement efforts can push club owners — many who are “struggling to survive,” Carson said — over the edge.

“There is a void in the political and public perception of nightlife,” said Frieda Edgette, an employee of the politically connected firm Barbary Coast Consulting, which helped launch CMAC. Edgette added that the group’s goal is “to empower and provide a voice for a constituency that hasn’t had a voice.”

Beyond advocating for the interests of members at city and state levels, CMAC will serve as an information clearinghouse on best practices for maintaining good neighborhood relations and research into the importance of the industry to the economy.

“I’m not sure club owners do all they can to foster good relationship with their neighbors,” said Tim Benetti, owner of Bottom of the Hill, a former deputy city attorney, and current CMAC board member. “So we can play a big role in educating our members.”

Yet he said that a far bigger problem has been the polarization between the nightlife community and entities that try to demonize and scapegoat it for problems ranging from noise to drugs to violence. “There is an antagonism that has developed between nightclubs and enforcement agencies, and we want to end that antagonism,” Benetti said. “Right now, there’s no dialogue.”

Or as Edgette said, “We want to bring all the parties to the table to have a holistic discussion about nightlife.”

So far, efforts to open up that dialogue have gone nowhere. Attorney Mark Webb, who represents some of the victims of harassment and brutality by Bertrand and Ott, publicly called on Newsom to mediate the dispute in March. But he was rebuffed, so last month he filed a racketeering case against the city, arguing that police shakedowns of legal activities amount to a criminal enterprise.

“I was quite disappointed at the reaction to this case,” Webb said. “It’s fallen on deaf ears in terms of trying to get Newsom or others in power to deal with it. Now it’s just in the pile of lawsuits.”

Last week the City Attorney’s Office had the case bumped up to federal court, and Webb said he has subpoenaed police records and sought depositions from Bertrand and his supervisors. Another lawsuit, brought by promoter Arash Ghanadan after he was arrested and, he charges, brutalized by Bertrand in retaliation for filing an earlier complaint, is also being contested by the city.

“We are in a battle for Bertrand’s personnel file,” said Ghanadan’s attorney, Steve Sommers, who is also seeking to depose Police Chief George Gascón about the matter.

State Sen. Mark Leno has helped to mediate the disputes and has been in touch with ABC chief Steve Hardy. “I think we’re going to see some improvement,” Leno said. “I don’t know how aware he was of the activities at the local level.”

Those activities include citing nightclubs for not serving enough food, repeatedly harassing customers at certain disfavored clubs, pursuing noise complaints on behalf of particularly sensitive neighbors, and announcing a crackdown on bars serving infused liquors.

Leno welcomed the creation of CMAC and said that it will be an important voice for a vital and under-appreciated industry, both in San Francisco and in Sacramento, where Leno unsuccessfully pushed legislation to extend the operating hours of nightclubs a few years ago.

“I applaud this effort,” Leno said of CMAC. “There is great wisdom to advocating for this on a statewide basis.” 

CMAC LAUNCH PARTY

With DJs J Boogie, Motion Potion, and more

Thu/May 6

7–11 p.m., $10

Mezzanine

444 Jessie, SF

Pension reform: don’t blame workers

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By Larry Bradshaw and Roxanne Sanchez

OPINION Members of Service Employees International Union Local 1021, who make up about half of all San Francisco city employees — the lowest-paid half — are currently at the negotiating table with the Mayor’s Office working out a deal to give back $100 million toward the city’s deficit over the next two years. Last year our members gave back $48 million.

Now San Francisco Public Defender Jeff Adachi is proposing a new charter amendment to make city workers pay huge increases in their pensions and health care coverage. Never mind that he draws no distinction between the highly paid managers and the lower paid workers, between those feeding at the trough and those who toil to make and fill the trough. It’s all the rage these days to blame the economy’s woes on public workers, whatever the facts are, no matter who the culprit really is.

Wall Street speculators crashed the stock market, causing workers’ pension funds to lose billions and wiping out their other retirement savings. The losses require local and state governments to spend more to keep the funds solvent. So who do Gov. Arnold Schwarzenegger, Republican gubernatorial candidate Meg Whitman — and Adachi — blame? The victims: the workers.

Insurance companies continue to raise premiums on health care coverage, making money hand over fist. They use those funds to lobby against reforms, from single-payer to the public option. When they win, the costs of continuing to cover workers and their families continue to escalate. Who do Schwarzenegger, Whitman — and Adachi — blame? The victims: the workers.

In an op-ed piece published last week in the right-wing Republican blog FlashReport, Schwarzenegger came out in support of a SB 919, a measure that would significantly increase employees’ contribution to the pension fund and decrease their pension payments upon retirement.

Whitman, who is spending millions of dollars of the money she made at Goldman Sachs in quasi-legal transactions, is proposing to not only double employees’ contributions to their pension fund and reduce the benefit, but to increase the retirement age and eliminate the defined pension benefit for new hires.

Into this company comes Adachi. He is concerned with the deficit since budget cuts have meant that his office has been unable to cover all the cases it is mandated to defend, and now some of those are being contracted out. Welcome to our world, Jeff.

Adachi has only two months to gather at least 70,000 valid signatures to get the required number to qualify for the ballot. It’s highly unlikely that can be accomplished without hiring signature-gatherers.

Herein lies the irony. Adachi is going to have to turn to downtown interests, the very financial and corporate interests that tanked the stock market, and the pension funds, for the money to penalize workers for Wall Street’s crimes.

Certainly San Francisco is facing financial problems. But instead of attacking workers, perhaps Adachi and his friends should join us in attacking the real problem. We are working on ideas for ballot measures that can raise new revenue for the city. Now that the city’s unions have stepped up and given back together $200 million, it’s time for downtown financial interests to contribute. *

Larry Bradshaw is a paramedic and Local 1021 vice president. Roxanne Sanchez is president of Local 1021.

A bit of fairness for Prop. 13

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EDITORIAL Behind the crisis in the San Francisco schools, behind the city’s fiscal nightmare, behind the state’s intractable budget deficit is one gigantic policy mistake that dates back to 1978. It’s almost impossible to talk, even today, about repealing Proposition 13, the measure that limits property taxes. Millions of homeowners love their low taxes, and even the liberals among them are dubious about giving up their cherished perk.

But it’s entirely possible — and absolutely necessary — to look at amending the measure to end the most blatant inequalities and make the state’s property tax system a little more fair. AB 2492, a bill by Assembly Member Tom Ammiano, would do just that — and it deserves the support of every elected official, every community leader, and every voter who wants to save the state’s basic services and prevent the once-vaunted California education system from falling into irreparable collapse.

Ammiano’s bill starts with the basic premise that commercial and residential property should be taxed differently. There’s a good reason for that: Prop. 13 allows tax reassessments only when property changes hands, and residential property turns over far more often than commercial property. So over the past 32 years, homeowners have been taking on more and more of the property-tax burden.

Then there’s the popular scam big companies use to avoid higher assessments. The legal details are complicated, but the basic deal goes like this. A real estate investor or investment group sets up a corporation called, say, Big Building Inc. and buys a commercial office building. A few years later, when the property has doubled in value, the investors sell to a new group — by transferring 51 percent of the stock in Big Building Inc. There’s a new owner of the property, of course — but on the assessment roles, it still reads "Big Building Inc." — and the owners say that means no ownership transfer and no new assessment.

San Francisco Assessor-Recorder Phil Ting has been complaining about this for years, and a few of these investors have been busted and forced to pay the proper taxes. But it’s hard to keep track of every deal — and expensive to fight the legal battles every time some corporation sets up a convoluted structure to hide an ownership transfer.

Ammiano’s bill would put an end to that. AB 2492 would make state law clear: Any time 50 percent or more of the ownership interest in a company changed hands, all of the real property that company owned would be deemed to have changed hands and could be reassessed.

In fact, the bill would create a rebuttable presumption that all property owned by any publicly-traded corporation would be assumed to have changed hands every Jan. 1. If the company wanted to prove that its stock holdings were substantially unchanged in the past 12 months, it could make that case; otherwise, the buildings get reassessed.

The impact on the state’s finances would be massive, in the multiples of billions of dollars. Local governments would see their budget problems diminish; schools would get more money. And the property tax burden would start to shift back off of homeowners, who now pay far more than their fair share.

Ammiano told us that Speaker of the Assembly John Perez is supportive. Even so, passing even such an obvious, fair amendment to Prop. 13 will be a massive struggle. Mayor Gavin Newsom needs to make a strong public statement of support; so do the mayors of every other Bay Area city. School boards, city councils, county supervisors — this is going to be a battle royal, and they all need to be on board. With this reform, an oil severance tax and reinstating the vehicle license fee, California’s budget problems could be nearly solved. What are we waiting for?

A bit of fairness for Prop. 13

1

EDITORIAL Behind the crisis in the San Francisco schools, behind the city’s fiscal nightmare, behind the state’s intractable budget deficit is one gigantic policy mistake that dates back to 1978. It’s almost impossible to talk, even today, about repealing Proposition 13, the measure that limits property taxes. Millions of homeowners love their low taxes, and even the liberals among them are dubious about giving up their cherished perk.

But it’s entirely possible — and absolutely necessary — to look at amending the measure to end the most blatant inequalities and make the state’s property tax system a little more fair. AB 2492, a bill by Assembly Member Tom Ammiano, would do just that — and it deserves the support of every elected official, every community leader, and every voter who wants to save the state’s basic services and prevent the once-vaunted California education system from falling into irreparable collapse.

Ammiano’s bill starts with the basic premise that commercial and residential property should be taxed differently. There’s a good reason for that: Prop. 13 allows tax reassessments only when property changes hands, and residential property turns over far more often than commercial property. So over the past 32 years, homeowners have been taking on more and more of the property-tax burden.

Then there’s the popular scam big companies use to avoid higher assessments. The legal details are complicated, but the basic deal goes like this. A real estate investor or investment group sets up a corporation called, say, Big Building Inc. and buys a commercial office building. A few years later, when the property has doubled in value, the investors sell to a new group — by transferring 51 percent of the stock in Big Building Inc. There’s a new owner of the property, of course — but on the assessment roles, it still reads "Big Building Inc." — and the owners say that means no ownership transfer and no new assessment.

San Francisco Assessor-Recorder Phil Ting has been complaining about this for years, and a few of these investors have been busted and forced to pay the proper taxes. But it’s hard to keep track of every deal — and expensive to fight the legal battles every time some corporation sets up a convoluted structure to hide an ownership transfer.

Ammiano’s bill would put an end to that. AB 2492 would make state law clear: Any time 50 percent or more of the ownership interest in a company changed hands, all of the real property that company owned would be deemed to have changed hands and could be reassessed.

In fact, the bill would create a rebuttable presumption that all property owned by any publicly-traded corporation would be assumed to have changed hands every Jan. 1. If the company wanted to prove that its stock holdings were substantially unchanged in the past 12 months, it could make that case; otherwise, the buildings get reassessed.

The impact on the state’s finances would be massive, in the multiples of billions of dollars. Local governments would see their budget problems diminish; schools would get more money. And the property tax burden would start to shift back off of homeowners, who now pay far more than their fair share.

Ammiano told us that Speaker of the Assembly John Perez is supportive. Even so, passing even such an obvious, fair amendment to Prop. 13 will be a massive struggle. Mayor Gavin Newsom needs to make a strong public statement of support; so do the mayors of every other Bay Area city. School boards, city councils, county supervisors — this is going to be a battle royal, and they all need to be on board. With this reform, an oil severance tax and reinstating the vehicle license fee, California’s budget problems could be nearly solved. What are we waiting for?

Editor’s Notes

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Tredmond@sfbg.com

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

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

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

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

The problem with Willie Brown Jr. Boulevard

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Ok, Eve Batey has a fun item on SF Appeal: Even the Chronicle, which pays Brown to write his deeply conflicted newspaper column, doesn’t want to see Third Street renamed for the former mayor. That’s probably because Hearst Corp., which owns property on Third Street, doesn’t want to spend the money to change all of its letterhead, documents, mailing address etc. to reflect a street name change. We saw a lot of the same complaints when Army Street was changed to honor Cesar Chavez; some local businesses got mad because of the (modest) costs involved.


I’ve got a much bigger problem with the name change.


You name a street after someone who deserves a major civic honor. Naming a street in the Mission after Cesar Chavez makes a strong, positive statement about San Francisco’s values. So what would Willie Brown Jr. Boulevard celebrate?


One of the most corrupt mayors in San Francisco history, a guy who sold out the city to developers, stood by and allowed the greatest displacement of low-income San Franciscans in modern history, presided over the economic cleansing of San Francisco, and now flaks for PG&E, the pharmaceutical industry, and who knows what other private clients (despite writing about politics in his column, he hasn’t disclosed the list of which political interest groups are paying his sizable legal fees).


Brown’s a fun guy, and I always read his column, and when he did a radio show, he often had me on as a guest, and we joked about the old days, and I have to admit, he’s the life of the party. But let’s not forget the history here; his record in politics stinks.


Besides, he’s still alive — and although he’s smart enough that he’s never been caught doing anything illegal, you never know what trouble he could get into, and how badly he could embarrass the city, in the years to come.

SFBG radio: Johnny Angel and Tim Redmond on Whitman and SF’s mayor

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Johnny Angel Wendell and Tim Redmond talk about Meg Whitman’s oil-spill and immigration policy problems, why Jerry Brown isn’t getting on the stick and why San Franciscans have trouble electing a progressive mayor.

Johnny Angel SFBG Radio Show 4/30 by SFBG

Opinion: Immigration policy, in Arizona and at home

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Editors note: This is an opinion piece the horrible immigration bill in Arizona — and its connections here in SF.


By Angela Chan


Mayor Gavin Newsom and City Attorney Dennis Herrera have publicly opposed the anti-immigrant bill, SB 1070 in Arizona.  A diverse coalition of civil rights organizations – including the Arab Resource & Organizing Center, Asian Law Caucus, Bernal Heights Neighborhood Center, Central American Resource Center, Community United Against Violence, Equal Justice Society, La Raza Centro Legal, National Lawyers Guild San Francisco Bay Area Chapter, POWER, and Pride at Work SF — applauds both city officials for taking a strong stand against the Arizona bill.  At the same time, we urge Newsom and Herrera to firmly and unequivocally support the implementation of a local policy that protects the due process rights of immigrant youth in San Francisco.


As with SB 1070 in Arizona, the mayor’s policy of requiring juvenile probation officers to report young people to federal Immigration and Customs Enforcement (ICE) before they receive due process has opened the door to racial profiling and torn many innocent youth from their families.


Since July 2008, pursuant to Newsom’s draconian reporting policy, more than 160 youth have been reported to ICE right after arrest, before they even have had a chance to be heard in juvenile court. That means that youth who are completely innocent of any crimes and youth who are overcharged have been reported to ICE.


Despite the veto-proof passage of a policy by the Board of Supervisors last fall that moves the point of reporting from the arrest stage to after a youth is found to have committed a felony, Newsom has insisted on ignoring the new city law.  Herrera, in turn, has yet to advise implementation of the new law.


Like the Arizona bill, Newsom’s policy requires reporting to ICE when local officials – in this case juvenile probation officers – merely have “reasonable suspicion” that an individual is undocumented. The factors that probation officers are required to use to determine reasonable suspicion have come under fire for codifying racial profiling into law.  Such factors as “length of time in the country” and “presence of undocumented persons in the same area where arrested or involved in the same illegal activity” have little to do with accurately determining an individual’s status, and much more to do with targeting the entire immigrant community and those who live in heavily immigrant communities.


In March, a year and a half after the mayor’s policy went into effect, Chief Probation Officer William Siffermann admitted before the Rules Committee of the Board of Supervisors that the latter factor could lead to racial profiling.  A few days later, Herrera stated that this factor had been removed from the policy.  However, if any changes have been made to the written policy, they have not been made available to the public.


Another similarity with the Arizona bill:  probation officers in San Francisco have not been properly trained and do not have the expertise in immigration law to accurately determine which youth are actually undocumented.  Rather, these officers rely on race, ethnicity, language ability, surnames, and accent as a basis for assuming immigration status.
Much like the Arizona bill, Mayor Newsom’s policy goes well beyond any obligations under federal law by requiring that probation officers report suspected undocumented youth to ICE.  As a cadre of legal scholars, including University of San Francisco Law Professor Bill Ong Hing, have repeatedly made clear, federal law does not require that city officials ask about immigration status or report individuals suspected of being undocumented to ICE.


Finally, as with the Arizona bill, the mayor’s draconian policy only compounds the harm to immigrant families caused by an already flawed federal immigration system, which is in drastic need of comprehensive reform. We need humane reform at the federal level, but in the meantime, Mayor Newsom and City Attorney Herrera need to take swift action to restore due process and protect family unity by ending San Francisco’s draconian policy. 


In standing up against racial profiling in Arizona, Mayor Newsom is back on the right track of defending immigrant rights — now is the time to give immigrant youth and families fairness and due process in San Francisco.


Angela Chan is staff attorney with the Juvenile Justice and Education Project at the Asian Law Caucus

Fun with political ads

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Wowee wow, the political ads are getting strange.


Steve Poizner, desperate to find some kind of traction in the final weeks of the GOP primary campaign, has released a new attack on Meg Whitman that continues in a long line of weird Republican animal flicks. It’s not quite as odd as Carly Fiorina’s demon sheep, but still: There are vultures flying around, vulture squawks in the background, and at one point, a vulture lands on the ground and starts chowing on some carrion.


But there’s a serious point here, too. The ad attacks Whitman for her ties to Goldman Sachs, and points out that she was making big money on dubious insider stock deals just as the rest of the nation’s economy was going to hell. ANd if Poizner thinks this will play with conservative voters, imagine what the Democrats will be able to do with it in the fall.


Then there’s Gavin Newsom’s ad, which starts out reminding us all that his state of the city speech was seven hours long (this is something we want to remember?) then lists all the great accomplishments he’s taking credit for, even though none of them were his initiatives. He talks about San Francisco having the best urban school district in California (although the mayor has no control at all over the schools, and the main reason the district’s finances aren’t worse is because of the Rainy Day Fund, a project of Tom Ammiano). He talks about paid sick leave (which came from the Board of Supervisors, not the mayor’s office) and universal health care (which was sponsored by Ammiano, not Newsom).


Then the ad winds up with Newsom walking back to his office and finding that Willie Brown is sitting in his chair. That, I guess, is a joke — but it only serves to remind viewers that (1) Newsom owes his political life to Brown, one of the most corrupt mayors in San Francisco history and (2) if Newsom wins, he’ll be leaving office early, allowing the supervisors to vote in a new mayor.


 


Did Gavin’s people even make this ad?

Newsom’s puppet show

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Mayor Gavin Newsom, who has been doing exactly what Pacific Gas and Electric Co. wants at City Hall, is complaining that some of the supervisors are Bay Guardian puppets.


Supes try applying pressure to urge CCA contract

At the April 27 Board of Supervisors meeting, Sup. David Campos made a motion to push back board approval for San Francisco Public Utilities Commission infrastructure improvement projects until a contract was in hand for the city’s Community Choice Aggregation program. If a contract isn’t signed by June 8, when voters will decide on Pacific Gas & Electric Co.’s Prop 16 in the June election, the city could be vulnerable to a legal strike against its green municipal power program from PG&E.

“Having watched the very slow process” of negotiating a contract, “I believe CCA should be the top priority,” Campos said.

Sup. Ross Mirkarimi, who chairs the Local Agency Formation Commission (LAFCo) and has been the primary driver behind CCA on the board, acknowledged that asking the board to withhold funding for city infrastructure projects was “an extraordinary act,” but warned that the imminent threat of Prop 16 called for drastic measures. “Given this external threat from a corporation that is doing everything in its power to subvert and deny San Francisco’s right to move forward, it alarms me, like I know some of you, that we do not have a contract in hand … knowing very well the kind of resources and fervor that have been demonstrated or exemplified in the past by the PUC or by the administration or by whatever other combinations of political forces who insist on something getting done by certain timelines and deadlines,” Mirkarimi said.

But while Campos and Mirkarimi won the support of Sups. Chris Daly and Eric Mar, they failed to bring the others around. The tactic of withholding approval on an ordinance in order to send a clear message to a city department about a separate issue “sets a real, real bad precedent for how we’re going to be doing our work here,” Avalos said, though he did voice his support for CCA.

Sup. Sean Elsbernd came out strongly against the move, and made a motion to table Campos’ initial motion to push the vote back for two weeks until a CCA contract was finalized. Then, in one of those dizzying contests the Supes sometimes get into, Daly made a motion to table Elsbernd’s motion to table Campos’ motion to table the vote.

To put it simply, six supervisors voted to move forward with the vote as scheduled, while four voted to hold back on approving funding for SFPUC projects until a finalized CCA contract was in hand. Sups. Mirkarimi, Chris Daly, and Eric Mar voted with Campos to hold off; Sups. Bevan Dufty, John Avalos, David Chiu, Michela Alioto-Pier, and Carmen Chu voted with Elsbernd to proceed. (Sup. Sophie Maxwell was absent.) After that skirmish went down, all ten voted to approve the funding for the SFPUC infrastructure projects.

When reached later by phone, Board President David Chiu said, “We are fully committed to seeing a CCA contract happen before the June election,” and noted that he brought up the urgency of the matter in a meeting with the mayor, who in turn voiced his own commitment.

ENDORSEMENTS: San Francisco ballot measures

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 PROPOSITION A

SCHOOL FACILITIES SPECIAL TAX

YES

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

 

PROPOSITION B

EARTHQUAKE SAFETY AND EMERGENCY RESPONSE BONDS

YES

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

 

PROPOSITION C

FILM COMMISSION

YES

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

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

 

PROPOSITION D

RETIREMENT BENEFITS

YES

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

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

 

PROPOSITION E

BUDGET LINE ITEM FOR POLICE SECURITY

YES

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

 

PROPOSITION F

RENTERS’ FINANCIAL HARDSHIP APPLICATIONS

YES

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

 

PROPOSITION G

TRANSBAY TRANSIT CENTER

YES

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

ENDORSEMENTS: National and state races

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


National races


U.S. SENATE, DEMOCRAT


BARBARA BOXER


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


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


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


 


CONGRESS, 6TH DISTRICT, DEMOCRAT


LYNN WOOLSEY


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


 


CONGRESS, 7TH DISTRICT, DEMOCRAT


GEORGE MILLER


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


 


CONGRESS, 8TH DISTRICT, DEMOCRAT


NANCY PELOSI


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


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


 


CONGRESS, 9TH DISTRICT, DEMOCRAT


BARBARA LEE


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


 


CONGRESS, 13TH DISTRICT, DEMOCRAT


PETE STARK


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


 


State races


GOVERNOR, DEMOCRAT


EDMUND G. BROWN


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


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


 


LIEUTENANT GOVERNOR, DEMOCRAT


JANICE HAHN


Not an easy choice, by any means.


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


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


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


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


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


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


 


SECRETARY OF STATE, DEMOCRAT


DEBRA BOWEN


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


 


CONTROLLER, DEMOCRAT


JOHN CHIANG


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


 


TREASURER, DEMOCRAT


BILL LOCKYER


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


 


ATTORNEY GENERAL, DEMOCRAT


KAMALA HARRIS


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


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


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


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


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


 


INSURANCE COMMISSIONER, DEMOCRAT


DAVE JONES


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


 


BOARD OF EQUALIZATION, DISTRICT 1, DEMOCRAT


BETTY T. YEE


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


 


SUPERINTENDENT OF PUBLIC INSTRUCTION


TOM TORLAKSON


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


 


STATE SENATE, DISTRICT 8, DEMOCRAT


LELAND YEE


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


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


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


STATE ASSEMBLY, DISTRICT 12, DEMOCRAT


FIONA MA


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


 


STATE ASSEMBLY, DISTRICT 13, DEMOCRAT


TOM AMMIANO


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


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


 


STATE ASSEMBLY, DISTRICT 14, DEMOCRAT


NANCY SKINNER


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


 


STATE ASSEMBLY, DISTRICT 16, DEMOCRAT


SANDRE SWANSON


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

Newsom’s opponent Hahn calls for LA boycott of Arizona

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

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

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

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

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