Mayor

Mexico warns citizens: use extreme caution in Arizona

7

It’s no surprise to anyone who has watched Newsom stubbornly refuse to take responsibility for the consequences of his flawed juvenile immigrant policy that the mayor is playing coy when it comes to the Board of Supervisors’ and the City Attorney’s attempts to institute a boycott of Arizona.


The real surprise in the fallout around Arizona SB 1070 is that the legislation doesn’t include a clause whereby all “aliens” must find a picture of the Arizona state flag, cut out the star in it, and wear it as a “badge,” much like the Nazis required of the Jews.


But Mexico does gets the threat this hateful legislation poses to its citizens. In a new twist on travel advisories, the Ministry of Foreign Affairs of Mexico has warned its citizens in Arizona to exercise extreme caution, whether they are demonstrating against Arizona SB 1070, going about their everyday affairs, attending classes or contemplating accepting work offered from a car on a highway.


“It is important to act with prudence and respect local laws,” the Mexican consulate states. It notes that the new law won’t take effect until 90 days after the end of the current session of the Arizona state legislature, but warns, “however, as was clear during the legislative process, there is a negative political environment for migrant communities and for all Mexican visitors.”


The consulate recommends that Mexican nationals carry available documentation, even before the new law takes place so as to “help avoid needless confrontations.”


“As long as no clear criteria defined for when, where and who the authorities will inspect, it must be assumed that every Mexican citizen may be harassed and questioned without further cause at any time,” the consulate states.


“The new law will also make it illegal to hire or be hired from a motor vehicle stopped on a roadway or highway, regardless of the immigration status of those involved. While these rules are also not yet in force, extreme caution should be used.”


The consulate concludes by reminding folks that “Mexican nationals who are in the United States, regardless of their immigration status, have inalienable human rights and can resort to protection mechanisms under international law, U.S. federal law, and Arizona state law. The functions of the five Mexican consulates in Arizona (Phoenix, Tuscon, Yuma, Nogales and Douglas) include providing legal advice to all Mexicans who consider that they have been subjected to any abuse by the authorities.”


It recommends that Mexicans requiring consular assitance in Arizona use the following toll-free number, available 24 hours a day, seven days a week:1.877.6326.6785 (1.877.63CONSUL).


The CCA “conundrum”

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

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

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

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

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

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

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

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

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

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

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

Editor’s Notes

0

tredmond@sfbg.com

The San Francisco Chronicle reports that there are now almost 10,000 employees with paychecks that totaled more than $100,000 last year. I can already hear the screaming: that’s close to a billion dollars! City workers are all overpaid, fat, and lazy! That’s why we have a budget crisis!

And yeah, I think it would be a lot more fair if the highest earners took the bulk of the pay cuts (5 percent for everyone in that $100K club would be $50 million a year). But Mayor Newsom wants to be sure the lowest-paid folks get their share of the hurt, so the biggest impact of his budget reductions will fall on those least able to handle it.

But I also think it’s worth looking at who these high earners really are.

Now, some of the ones at the top of the scale are political appointees. Do we really need to pay $354,000 to get someone qualified to run Muni? Is the head of the city’s Public Utilities Commission really worth $291,000? Some are getting market rate for their skills — three of the top 20 earners are doctors who work as pathologists in the Medical Examiner’s office.

But the most telling fact is that 11 of the top 20 are either cops or firefighters — and they’re collecting huge amounts of overtime. Four cops alone, all with the rank of captain or deputy chief, accounted for overtime pay totaling $588,000.

I know city employees who work at the senior management level — just like those cops — but they don’t get overtime. Neither do senior managers in most private-sector jobs. And it’s not as if these top cops are working for minimum wage; they all make around $200,000 or more as base salary. Plus they get excellent benefits and get to retire on sweet pensions.

Think of all the money and services you could save with one minor contract change: once you get to the level of captain in the SFPD, you aren’t eligible for overtime anymore.

No more stalling on CCA

1

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

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

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

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

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

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

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

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

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

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

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

No more stalling on CCA

0

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

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

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

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

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

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

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

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

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

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

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

Nevius makes the case for a progressive DCCC

27

Chronicle columnist C.W. Nevius made an excellent argument for supporting the Guardian’s slate of progressive candidates for the Democratic County Central Committee in Saturday’s paper, even though he was trying to do just the opposite. But I suppose that perspective is everything.

Our perspective at the Guardian is one of great pride in San Francisco and its left-of-center values. Nevius looks at San Francisco from his home in Walnut Creek and sees a scary place where people question authority figures and don’t simply trust developers, big corporations, and the Chamber of Commerce to act in the public interest.

“The next two months will see a battle for the political soul of the city. It will pit the progressives against the moderates in a face-off that will have huge implications in the November elections and, perhaps, the election of the next mayor. The key is control of an obscure but incredibly influential organization called the Democratic County Central Committee,” Nevius writes, and he’s right about that.

But he’s wrong when he assumes most San Franciscans agree with him and others who want to make the city more like the sterile suburbs that they prefer. Nevius values “safe streets,” which is his code for giving police more power through the proposed sit-lie ordinance and other unpopular crackdowns, despite the fact that he sat in the back row and watched the DCCC voted overwhelmingly against sit-lie after nobody presented a credible case for it.

Nevius is so utterly blind to the fact that most San Franciscans want adequate mitigation and community benefits from development projects that he recently ranted and raved about the defeat of the 555 Washington project, even though it was unanimously rejected by the Board of Supervisors for inadequately addressing these requirements.

The “moderate values” that Nevius champions are actually quite extreme: give downtown and developers everything they want, never question the behavior of cops or the Fire Department’s budget, keep cutting taxes until city government becomes incapable of providing services or regulating the private sector, ignore the cultural value of nightclubs and artists, and deport all the undocumented immigrants.

This is the Democratic Party that Nevius and his allies like Sup. Michela Alioto-Pier and supervisorial candidate Scott Wiener (a conservative attorney who would be the best friend that the suburban cowboy cops could ever have on the board) want to promote, and it looks more like the Republican Party than a political party with San Francisco values.

But they aren’t honest about that intention, instead trying to fool people into believing that progressives are the extremists. “But when Mrs. Jones receives her Democratic voter guide in the mail…she’s thinking of the party of Barack Obama, not the party of Aaron Peskin and (Supervisor) Chris Daly,” Wiener said.

But in the Democratic presidential primary election, it was Daly and Peskin who were the strongest early supporters of Barack Obama, while Wiener backed John Edwards and Alioto-Pier, Mayor Gavin Newsom, and the rest of the “moderate” party stalwarts supported Hillary Clinton. That’s not a huge deal, but it’s a sign of how the so-called moderates are willing to distort political reality.

So Nevius is right. This is an important election and it is about the soul of the city. Do you support scared suburban twits who disingenuously try to hide behind the “moderate” label in order to seem more reasonable, or do you support progressive candidates who have integrity and won’t moderate their values in order to appease the cops or the capitalists?

If it’s the latter, support the Guardian’s slate (which is substantially similar to the slates approved by the Harvey Milk LGBT Democratic Club, the San Francisco Tenants Union, the Sierra Club’s SF Bay Chapter, and other progressive groups).

And if you want that slate to have some money to mail out a Guardian slate card, come to a fundraiser this Thursday evening at CELLspace, 2050 Bryant, featuring the candidates and some great exemplars of the culture they support, including amazing singer/songwriter Valerie Orth, the zany dance troupe Fou Fou Ha, and DJs Smoove and Kramer, who regularly rock the best clubs and community-based parties in town.

And by “town,” I mean San Francisco, not Walnut Creek.    

Day laborers link sit-lie to Arizona crackdown

13

After another overwhelming vote against it last night, the sit-lie ordinance (banning sitting or lying on SF sidewalks) proposed by Mayor Gavin Newsom and Police Chief George Gascon is probably toast. But just to make sure, the activists at Stand Against Sit Lie are holding another day of creative protests on sidewalks around the city this Saturday, 4/24.

Among the 13 events scheduled so far will be immigrant day laborers sitting along Cesar Chavez Street between Mission and San Van Ness streets to protest both sit-lie and another legislative attack on immigrants, the controversial Arizona measure that essentially bans undocumented immigrants and encourages police to arrest them using racial profiling techniques.

The SF Day Labor Program is organizing the protest and today sent out a statement linking the two measures, noting that the sit-lie ordinance criminalizing otherwise lawful behavior and targets marginalized populations. Last night at the DCCC meeting, Sup. David Campos also made the point that day laborers who stand on street corners all day seeking work sometimes need to rest.

“Day laborers in San Francisco have to sit down once in awhile when they’re out on street corners waiting for work,” Jose Ramirez, a day laborer and coordinator of the SF Day Labor Program, said in today’s statement.  “Taking us to jail for sitting down in San Francisco is the same as immigrants being targeted by police for simply being Latino.”

After the Planning Commission early this month voted 6-1 to recommend against the sit-lie ordinance – finding that it violated a number of city goals and policies – the measure is awaiting consideration by the Board of Supervisors Public Safety Committee, possibly on May 3. 

DCCC: Thumbs down on sit / lie

San Francisco’s Democratic County Central Committee voted last night in favor of a resolution opposing San Francisco’s proposed sit / lie ordinance, a law backed by Mayor Gavin Newsom and Police Chief George Gascon that would make it illegal to sit or lie down on city sidewalks. Gabriel Haaland introduced the resolution, and it passed with overwhelming support.

Here’s a YouTube clip of Haaland’s comments during the committee discussion, filmed by Linda Post.

The DCCC is the policy-making body for the Democratic Party in San Francisco, chaired by former Board of Supervisors President Aaron Peskin. The vote followed a lengthy public comment session in which a wide variety of people voiced their opposition to sit / lie, including homeless youth advocates, residents of the Haight, and surprise guest Malia Cohen — formerly an executive staff member for Mayor Gavin Newsom. Some comments provoked laughter (“Sit /lie is like the fungus that won’t go away!” one Tenderloin resident exclaimed), while others framed their arguments in moral terms (“It’s hard to think of it as anything less than criminalizing poverty,” attorney David Waggoner charged). Cohen, for her part, called the ordinance “mean-spirited.”

The central committee members held a meaty discussion too, in which several members shared deeply personal stories to explain their feelings about the ordinance. Haaland described how, after graduating from law school in the mid-1990s, he found it so difficult to find work as a transgendered person that he worried about becoming homeless himself.

Committee member Tom Hsieh, who said he’d lived in the Haight for 10 years, spoke about his young daughter and expressed his discomfort about the “anything goes attitude” he’d seen people on the streets exhibit in her presence. Hsieh was one of a handful of committee members who voted against Haaland’s resolution. The others were Scott Wiener, Meagan Levitan, Mary Jung, and the proxy for Sen. Dianne Feinstein, while Matt Tuchow and the proxy for Assemblymember Fiona Ma abstained.  

Sup. David Campos addressed Hsieh’s concerns directly, saying that he did not believe the proposed ordinance actually addressed the sort of behavior that he found upsetting. “Sit / lie is the wrong focus,” Campos said. “The focus should be, how do we make policing better in San Francisco?” Noting that he had formely served as a police commissioner, he called for more effective community policing.

When he met with the mayor’s office about sit / lie, Campos added, he got the impression that the law was not actually meant to stop people from sitting or lying down on the sidewalk, but to target hostile behavior occurring on the street. “When you pass a law, you have to mean what it says,” he noted. He also pointed out that day laborers who wait on sidewalks for work would essentially be criminalized by the ordinance, since it’s unreasonable to expect that they wouldn’t occasionally sit down while waiting for a job.

Meanwhile, Scott Wiener’s resolution to endorse the Community Justice Center and encourage its expansion into the Haight failed with 14 voting against it and 10 voting to support it, while two abstained. While many committee members voiced general support for the CJC, a few said they resisted the idea of dictating to the Haight that it should install a similar court.

The DCCC also endorsed Linda Colfax and Michael Nava as candidates for Judge.

Green cards in hand, Washingtons want Newsom to discuss immigrant youth policy. In person.

0

Tracey Washington and her 13-year old son heard today that their green card applications have been approved. This means that they will not be deported to Australia, and their personal immigration nightmare is over.
But even as the family rejoices, Tracey’s husband, Charles Washington, a Muni bus driver and long-term San Francisco resident, has written to Mayor Gavin Newsom, voicing disappointment over Newsom’s failure to reach out to his family during their time of need and over Newsom’s continuing refusal to implement the immigrant youth due process policy that a veto-proof majority of the Board approved, in November 2009.

“Our family’s luck n this case was unique, but Mr. Newsom, the pain we felt when our family was facing deportation as a result of your policy is not unique at all,” Washington wrote in his April 21 letter. “We share the pain felt by the many other families whose children were taken into ICE custody and ordered deported, as a result of your policy.” (The full text of the letter that Charles Washington sent to Newsom today is included at the end of this blog post.)
 
The Washingtons’ nightmare began in January, when their 13-year-old boy was reported by juvenile probation to ICE for a minor bullying incident, during which he took 46 cents from another youth, then gave it back and apologized. That’s when the family first discovered that, thanks to a new juvenile immigrant policy that Newsom implemented in July 2008, their teen was going to reported to ICE immediately after his arrest – and before his case was heard in juvenile court. 

And even though the family was eligible for green cards thanks to Tracey’s April 2009 marriage to U.S. citizen Charles Washington, ICE handed Tracey and her son their deportation orders on Feb. 5, 2010–the same day they picked the boy up from juvenile detention and used the boy as bait to get his mother to agree to wear an electronic monitoring anklet.

That anklet was finally taken off today, meaning that Tracey Washington was forced to wear this uncomfortable and humiliating device for two and a half months, even though she did not commit a crime–and even though her son was not found guilty as charged, when his case was finally adjudicated by a juvenile justice.

Following the bullying incident, local law enforcement officers charged the boy with three felony counts, triggering an immediate referral to ICE, under Newsom’s immigrant youth policy.  But a juvenile justice recently gave the boy informal probation, recognizing that the youth is a first-time offender who committed a low level offense and is a good candidate for rehabilitation.

But seven weeks ago (March 1), when Tracey and her son had exhausted their legal options and were facing imminent deportation, the five-member blended Washington family held a press conference as a last resort. Two days later, following a media firestorm, ICE granted the Washingtons a two-month reprive, so that U.S. Citizenship and Immigration Services could review and approve their green card applications.

“We really appreciate that U.S. Citizenship and Immigration Services was willing to look at our individual circumstances and approve our residency application, so that our family can stay together,” Tracey Washington said today. “ At the same time, my heart goes out to the many other families who were harmed by the Mayor’s policy.” 

Angela Chan, the staff attorney at the Asian Law Caucus, who handled the family’s case, noted that while the Washington’s nightmare ended happily, many other families continue to be broken up by harsh immigration laws, lack of access to affordable legal services, and Mayor Newsom’s local policy towards immigrant youth.

“Newsom’s policy exacerbates the impact of a broken federal immigration system on San Francisco families,” Chan said. “We need humane reform at the federal level, but in the meantime, Mayor Newsom needs to take a stand today for due process and family unity by ending San Francisco’s draconian policy. If the Washingtons’ son had not been reported to ICE, as required by Newsom’s policy, he would not have been sent to ICE, and he and his family would not have had to endure this nightmare.”
 
Letter to Mayor Newsom from Washington Family–
 
April        21, 2010
 
Mayor Gavin Newsom
City Hall, Room 200
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
 
RE: Unjust Policy Regarding Undocumented Youth in San Francisco

Dear Mayor Newsom,

My name is Charles Washington. I was born and raised in San Francisco, and am a long-time resident of this great city. I also am a city employee. I love the city of San Francisco and my family has developed strong roots here. Unfortunately, last month, we went through a horrible ordeal when my wife and step-son were ordered deported as a result of your policy, which requires reporting of youth to Immigration and Customs Enforcement (ICE) right after arrest, before the youth even has a chance to have a hearing in juvenile court regarding the charges.

As you may have read in the news, my 13-year-old son was arrested and reported to ICE for deportation over 46 cents in a minor, first-time bullying case. In accordance with your policy, San Francisco juvenile probation officers reported my son to ICE before the allegations could even be adjudicated by a juvenile court judge. To my shock, my wife also was ordered deported by ICE as a result of the reporting of my son by juvenile probation in keeping with your policy.

With the imminent deportation hanging over my wife and son’s heads, we were utterly terrified that our family would be torn apart. Since we had no other legal remedies when our request for a stay of deportation was denied, we desperately reached out to the media to seek help in a last ditch effort. Fortunately, a reporter contacted the White House, which then resulted in an extension of the deadline for the deportation. However, I must tell you that during this time, we were really disappointed that we did not receive a single call or any type of outreach from your office to offer my family support, especially when my son’s referral to ICE was a direct consequence of your policy.

I also would like to express my deep disappointment in the statements your office issued after my family was granted the reprieve through no help from your office. Your office made statements to the press suggesting that our situation proves your policy leads to just outcomes. I completely disagree with this assertion and firmly believe that our being granted the reprieve has proven even more so that your policy hurts families and tears children away from their parents for minor, first-time offenses. The White House seems to understand the importance of keeping families together in granting the reprieve. Unfortunately, your office appears to have missed this completely. It is extremely hurtful to our family that you would try to claim credit for the positive turn in events that my family and the community supporting us worked hard to obtain in order to combat the injustice brought upon us by the policy you implemented in the first place.

Let me also say that my family was lucky, but there are many other families who have not been as fortunate.There was no handbook to tell us what to do to obtain a reprieve when we were in this crisis. It just so happened that we were able to obtain legal assistance, but what if we had been unable to find legal services or if the press had not covered our story? My wife and son would have been torn from me and there is nothing I could have done to stop it from happening. Families in San Francisco should not have to struggle or rely on luck to stay together. In fact, there have been over a hundred families in this city who have not been as fortunate as my family since your harsh and inhumane policy was implemented in 2008.  Our family’s luck in this case was unique, but Mr. Newsom, the pain we felt when our family was facing deportation as a result of your policy is not unique at all.We share the pain felt by the many other families whose children were taken into ICE custody and ordered deported as a result of your policy.

Mr. Newsom, I know that you are a new father yourself and will teach your own daughter many lessons in her lifetime. I respectfully ask you to reexamine your policy from the eyes of a father, the way that I am looking at my son today. While I must say that I am greatly disappointed in the actions you have taken to support a flawed policy that has endangered the children of this city, I do hope that you will take this opportunity to do the right thing and support implementation of Supervisor Campos’ due process amendment, which is now city law.  Families like mine, who are hard-working and rooted in San Francisco, are depending on you to do what is right and to follow the law the community passed in November 2009.

I respectfully request a meeting with you, in which my lawyer, Angela Chan from the Asian Law Caucus, and my family can speak with you about this policy and how it has affected us and continues to impact families in San Francisco.
Sincerely,

Charles Washington

The message of 555 Washington

16

The San Francisco supervisors not only rejected the environmental impact report for the condo tower next to the Transamerica building; they did it unanimously. And although the developer could still go back and write a new EIR — one that takes into account all the many, many issues this one ignored — that seems unlikely:


The developer, Andrew Segal, said he does not plan to go forward. “If we have to recirculate the EIR, I think we’re done,” Segal said.


There are a couple of important lessons here.


For starters, I hope the folks at the Planning Department who allowed this steaming turd of a project to go forward, and the commissioners who voted to certify the EIR, got the message: Just because a developer wants to do something, and the mayor thinks it’s a dandy idea, doesn’t mean that it’s good planning policy. The 555 Washington project was more than twice the size that current zoning allows on the site, and internal emails from frontline planning staffers showed that the folks who did the actual analysis of the thing were pretty darn dubious. But Planning Director John Rahim pushed it for approval anyway.


I think the supervisors made clear that the days of developer-driven planning on this scale, with this magnitude of arrogance and absurdity, are over. Let’s hope Planning Dept. management is paying attention.


Then there’s the wonderful fact that, after insisting for years that this project would only work if the city allowed the developer to build a 430-foot tower in a slot with a 200-foot height limit, the project sponsor suddenly backed down at the last minute and said, hey, 200 feet would actually be fine. That’s something that city officials too often forget: Developers lie, and demand concessions and say that they can’t build anything unless we give them tax breaks, and waive fees, and allow spot zoning, and offer all sorts of other goodies. But when you tell them no, they often seem to have a sudden moment of clarity — and announce that, hey, we didn’t really need all that.


Back in the late 1980s, Southern Pacific Railroad’s land development subsidiary insisted that nothing could be built at Mission Bay unless the city allowed multiple 50-story office towers and mandated only limited affordable housing. Then-mayor Art Agnos told the voters that he’d cut the best deal the city could ever get, and the future of the southeast neighborhoods was at stake. Then the proposal lost at the ballot — and immediately, SP came back with a much better option.


How many times did the San Francisco Giants tell us they couldn’t build a ballpark without public money? Guess what — when the city said no, the team came back with a privately financed plan. 


As the lawyers say, so too here. If a 200-foot tower was a viable option, why didn’t the developer offer that from the start? Here’s why — you get richer if you build taller. But that’s not a particularly good reason for the city to make planning decisions.

MTA board approves controversial budget

2

By Adam Lesser

City Hall needed an overflow room to accommodate all the disenchanted Muni riders who showed up to protest the two-year San Francisco Municipal Transportation Agency budget plan yesterday (4/20). The budget locks in a 10 percent service cut through July 1st, 2011, at which point the MTA board is hopeful that the service cut will be lowered to 5 percent. The controversial budget was adopted on a 4-3 vote, and now goes to the Board of Supervisors, where progressive supervisors have already signaled opposition to the service cuts.

“It still seems and feels as I look at it [the budget], that it’s very tenuously put together. In light of the fact that it’s going to impact the least, the lonely, and the lost of us, I had to say, let’s keep looking at it,” said Director James McCray, who was one of three dissenting votes.

McCray, along with Director Malcolm Heincke who voted for the budget, were the two directors to openly express concern about the pay of transit operators and overtime charges. In a $750 million budget, service cuts wound up providing $29 million in savings, a relatively small number compared to the $456 million that will be spent on salaries and benefits, as well as the $59 million in work orders to other agencies like the police department and the city attorney.

Small revenue measures like adding 1,000 metered spaces, eliminating free reserved parking around areas like City Hall, and window advertising wrap on buses are part of the budget.

Heincke questioned MTA Executive Director Nathaniel Ford about the budget which includes $10 million in labor concessions from MTA employees while locking in a $9 million raise in 2011 and a $9.5 million raise in 2012 for transit operators from Transit Workers Union (TWU) Local 250-A. Transit operators’ wages and raises are written into the city charter. 

“The bubble over my head says wow,” said Heincke. Ford’s attempts to negotiate with the union over work rules have been unsuccessful. Sup. Sean Elsbernd is pushing a charter amendment for the November ballot that would remove the TWU’s pay rates from the city charter.

Anger over Muni’s payment of work orders to other city agencies was a constant theme among community groups as diverse as the Chinese Progressive Association and the San Francisco Transit Riders Union. Those work orders have increased from $36 million in 2006 to $66 million in 2010.

“What really happened is the rest of the city had a budget crisis and the mayor went after Muni looking for funds,” said Dave Snyder, coordinator for the San Francisco Transit Riders Union. Newsom appoints the directors who sit on the MTA Board. “Muni is paying for service the public doesn’t want them to pay for at the expense of transit service.”

Members of the Latino and Chinese-American community were out in large numbers, not just to protest service cuts that they felt disproportionately impact the Mission and Chinatown, but to complain about harassment by the police. Enforcement of the Proof of Payment program has increased with Muni agents and police checking the amount of time left on riders’ transfer tickets, and issuing fines.

“You have police asking for ID and issuing $75 fines. There have been a few cases of deportation,” Beatriz Herrera, an organizer for People Organized to Win Employment Rights (POWER). Referring to riders whose transfers expire while riding a bus, Emily Lee of the Chinese Progressive Association said, “They expect folks to get off the bus. That’s an unreasonable expectation. It’s stressful for the community. The police are intimidating.”

The service changes are slated to take effect May 8th.

Rolling forward

7

By Adrian Castañeda

news@sfbg.com

San Francisco’s Potrero del Sol Skatepark is often packed with skaterboarders, a testament to the sport’s popularity and to the dearth of places in the city where it’s legal to skate. But that will soon change with the city’s commitment to build two new skateparks: one in SoMa and the other in the Haight.

Both have been tentatively approved by the Board of Supervisors. But before any concrete is poured, the skaters will have to overcome budget crises, angry homeowners, and their own bad reputations, particularly in the Haight, where the proposed park has gotten caught up in the furor over vagrants and the proposed sit-lie ordinance.

San Francisco has long been a skateboarding hub, yet there’s always been friction with police, businesses, and everyday city life. Even though it’s legal, there just aren’t that many places to do it anymore, partially because the city and property owners routinely attach barriers to any surfaces that might be appealing to skaters.

Skateboarders, long accustomed to being ignored and disenfranchised, have responded in their usual DIY fashion, such as building a few obstacles in an empty parking lot under a freeway overpass. The city took notice of the demand and after three years of planning and meetings, the newest of San Francisco’s skate parks has finally been allotted the necessary funds to begin construction around the end of summer.

The Central Freeway Skate Park will be located in what is now a parking lot at the intersection of Duboce and Stevenson streets in the north Mission District area. With $2 million collected through the Central Freeway Corridor Housing and Transportation Improvement Act of 1999, which provides for the sale and lease of parcels of city land that were under the now-demolished freeway, officials plan to develop the park to eventually include basketball courts and a dog run.

Rich Hillis of the Mayor’s Office of Economic Development said the city is considering a variety of improvements, but confirmed that “we think the skate park is the priority.” He attributes the park’s relatively unopposed approval to the demands of the city’s skaters and to the community as a whole. “They embraced the idea of a skatepark early on,” Hillis said of the forward-thinking residents of the area. He jokingly adds that the park should be named “Hornbeck Park” after Bryan Hornbeck, director of the San Francisco Skateboard Association. Hornbeck and his associates started the SFSA to push the city to build new parks designed with skaters in mind.

“San Francisco has to have a world-class skatepark,” Hornbeck said at one of the many skate events his group organizes. Hornbeck said the city has been receptive, working with skaters on the design of the park, but left SFSA to organize skaters and raise the funds. “It’s bake sale; it’s lemonade stand; it’s the best we can do,” Hornbeck said. “We’re not trying to take anything, we’re trying to make our own thing.”

Plans for the park, drawn up by notable skatepark design firm New Line Skateparks, are currently under review by civil engineers. After the plans are finalized, the project will be bid out to find a contractor. Tentative 3-D renderings have been online for months, sparking heated debate on skateboarding Web sites.

When the acclaimed Potrero del Sol Skatepark opened in 2008, many skaters felt that while it was well-designed and enjoyable, it didn’t have enough terrain that mimicked street riding. New Line has designed a number of skating plazas, most recently in Los Angeles. Its involvement gives many skaters hope that the new park will incorporate obstacles that represent the city’s rich street skating history.

But things are not moving as swiftly for the city’s other planned skate park, just beyond where Waller dead-ends at Stanyan in the Haight, which doesn’t have the same guaranteed funding stream. While bids for a design have been submitted, the Recreation and Park Department needs to get approval for $1 million–$2 million in construction funds before moving forward. The city proposed the 120,000-square-foot cul-de-sac at the end of Waller and next to SFPD’s Park Station after the original site near the Golden Gate Park horseshoe pits was found to be too small and lacking the necessary sight-lines for safety. But according to some residents groups, the parking lot is less safe for youths.

Citing police incident reports, Lena Emmery, president of the Cole Valley Improvement Association, told us the Waller park would be in an area with a high number of reported assaults and drug arrests and would add to noise pollution. “This location puts a skateboard park too close to a dense residential area, as well as some businesses that would be negatively impacted by the noise from the skaters,” she wrote via e-mail.

While the lot is occasionally used for bicycle safety classes and overflow parking at Kezar Stadium, it sits empty most of the year, although a farmers market will hold its grand opening there April 28. Will Keating, a Waller Street resident and skateboarder who works on Haight Street, is excited about the proposed park. He disagrees with claims that the park would be a negative impact on his neighborhood. “I hear homeless mutants going crazy outside my window every night, I would much prefer skateboards,” Keating said of the current noise pollution.

The Haight Ashbury Improvement Association, which is leading the charge for a sit-lie ordinance, conducted a survey on its Web site and found that many of its visitors feel the skatepark would increase noise and safety problems in the Haight. Visitors to the site also said the lot would be better used as a farmers market. Yet city officials say the two are not mutually exclusive, and early designs for the project are said to include a large public plaza adjacent to the park intended for community events.

“We realize this is going to be a multiuse space,” said Nick Kinsey, property manager for the Recreation and Park Department. “Throughout San Francisco there are thousands and thousands of skateboarders but only two places where it is legal to skate.” Kinsey called the park is “a done deal,” citing a 2007 ordinance introduced by Sup. Ross Mirkarimi that mandates the department build a skatepark on the cul-de-sac.

Kent Uyehara, merchant chair for the HAIA and owner of FTC skateshop on Haight, said the community’s fears about pedestrian safety are understandable, but that fears of increased violence and drug use are irrational. “If you can’t have a skate park next to a police station, then basically you are saying you can’t have it.”

If the city enacts the sit-lie ordinance, which Uyehara supports, it would be easy to imagine that a skate park would be a magnet for homeless and others looking to escape police harassment. But Uyehara is adamant that the park would not become a haven for Haight Street refugees. “Skateboarders self-police their own areas,” he said. “We’re not trying to kick the homeless out,” he added. “We’re trying to make the neighborhood attractive for everyone, whether they’re buying something or not.”

Uyehara is no stranger to opposition. When his shop first moved to the Haight in 1994, he had to deal with threats from residents and a neighborhood organization, similar to the one he is now a part of, because of what skateboarding represented to them. Since then skateboarding and his business have prospered, and FTC now has four locations worldwide. “For a city that hosted the X-Games, it’s pathetic how skateboarding has been treated.”

Uyehara says the Waller park, along with the Central Freeway and Potrero del Sol parks, are part of a plan developed by the San Francisco Skate Task Force, created in 2002 by then-Sup. Gavin Newsom to address the growing friction between the city and its skateboard population. The task force envisioned “a series of five parks located in a star pattern, and one in the middle of the city, [that] would make it possible for users to easily get to a park within at least two miles of their home.”

All the meetings and fundraising will be in vain if the park is poorly designed and built, said Jake Phelps, editor-in-chief of Thrasher Magazine. He says locals should design the park “so we have no one to blame but ourselves,” and avoid another flawed park like Crocker Amazon in Sunnydale where, he says, “the fence costs more than the skatepark.” Unimpressed with preliminary designs for the park on Duboce, the notoriously blunt Phelps says, “They’re going to come to our town, drop a turd, and leave.”

The veteran skater is wary of “landscape designers” with grandiose ideas. “There are people who get too involved. They don’t skate. Who are they to tell anybody what it is?” Newer skateparks are too crowded with obstacles trying to please all different kinds of skaters, he said. Instead, he urges a simple design similar to the streets of downtown. “The whole idea of skating is being utilitarian with your environment.” Regardless of the design, he believes it won’t have a dramatic effect on the Haight community: “Homeless people are gonna sleep there,” he said. “People are gonna tag on it and think it’s theirs.”

“The whole city’s a park, but people need somewhere to go when they get kicked out of everywhere,” says pro skater Tony Trujillo, who is able to skate to the Potrero park from his house and thinks others should have the same proximity to hassle-free skating. Julien Stranger, another local pro, feels a park in the Haight would benefit youth in the area by giving them a healthy, creative outlet, something the Haight symbolizes to many. “I don’t think that the neighborhood should be complaining about the energy a skate park will bring,” he said. “Skate parks are pretty positive.”

Earlier this month, an informational meeting hosted by the Haight Ashbury Neighborhood Council, Kinsey, Hornbeck, and other residents raised concerns that noise pollution and property damage would increase because of the skate park. “There’s been no public outreach,” said Martha Hoffman, who lives across from where the park is slated to be built. “If we’d known about it sooner, we would have opposed earlier.”

Thuy Nguyen of the SF Skate Club, an after-school program that promotes skateboarding as a safe and positive activity, urged residents to look beyond their property values and consider the benefits for the city’s youth. “It’s important for kids who feel that traditional sports aren’t for them.” Her partner, Shawn Connolly, added that skateboarding has grown in popularity with children. “It’s right after baseball,” he said.

“If the city doesn’t have a skatepark, the city is the skatepark,” Hornbeck said of the Waller Street lot where he often hosts skate events with donated ramps to ease the community into the idea of skateboarders using the area. But until the city budget can provide for skateboarders, the debate over the park will rage — and the underused parking lot at the end of Waller will remain just that.

Chiu talks MTA reform as agency fails to support Muni

3

With the San Francisco Municipal Transportation Agency Board of Directors poised to approve a truly terrible two-year budget today (4/20) – one that locks in Muni service cuts, subsidizes the police and other city departments, and fails to seek new revenue sources – there is talk about reforming an agency run exclusively by appointees of Mayor Gavin Newsom.

The most significant figure sounding that call is Board of Supervisors President David Chiu, who told the Guardian that he plans to hold hearings this year on the MTA board failures to support transit service, with the goal of placing reform measures on the November ballot. Helping that effort will be his newest board aide, Judson True, who comes from a fire-tested stint as the MTA’s spokesperson and before that was a board aide to then-Sup. Gerardo Sandoval.

“We’re going to have a very serious discussion about MTA reform,” Chiu told the Guardian. “I’ve got some real questions and for the next six months, that will be front and center…I expect there to be a very robust discussion about the MTA and balancing that budget on the backs of transit riders.”

Those discussions will be wrapped into city budget season, a realm in which Chiu is also adding firepower right now by hiring Cat Rauschuber as his other new board aide. Rauschuber has her masters in public policy from Harvard’s Kennedy School of Government, most recently worked for city Budget Analyst Harvey Rose, and earlier worked in the city’s Legislative Analyst’s Office.

“It’s important that we hire folks who have experience in city government, particularly solid policy experience,” Chiu said, adding that his third board aide, Victor Lim, came from the Asian Law Caucus and has experience in immigration reform, another valuable asset given the ongoing standoff between the board and Newsom over sanctuary city policies. 

True and Rauschuber are also master networkers with strong and extensive connections in the progressive community, as well as more mainstream arts, culture, and political communities (Full disclosure: They’re also friends of mine). Those connections and social skills could help unite the varied critics of the current MTA budget, which range from the downtown-oriented SPUR to the new San Francisco Transit Riders Union (SFTRU) to the radical ANSWER Coalition, all of whom have areas of policy disagreement over the best way forward.

All are expected to weigh in today (4/20) at 2 p.m. when the SFMTA convenes in City Hall Room 400 to discuss and vote on the agency’s two-year budget. And while the groups may differ over partial solutions like extended parking meter hours, they all agree this a truly terrible budget that disproportionately punishes low-income people who rely on Muni.

“The budget is irresponsible and dishonest,” SFTRU project director Dave Snyder. “It reveals the hypocrisy in the mayor’s stated environmental commitments. This action will cut public transit permanently and that’s irresponsible.”

Mayoral press secretary Tony Winnicker has not yet responded to the accusations or to Chiu’s calls for MTA reform, but I’ll post his response in the comments section if I hear back.

Newsom didn’t win in Los Angeles

5

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


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


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


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


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


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


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

Sit/lie debate takes a strange new turn

Emails are rocketing around San Francisco political circles in anticipation of an April 21 meeting of the Democratic County Central Committee (DCCC), the policy-making body for the Democratic Party in San Francisco. Committee members are slated to discuss the city’s proposed sit/lie ordinance, a controversial measure backed by Mayor Gavin Newsom and Police Chief George Gascon meant to afford police more powers for dealing with hostile youth occupying sidewalk space.

Labor activist Gabriel Haaland, a DCCC committee member, touched off a small firestorm early this week when he submitted a resolution against the sit/lie ordinance. Haaland, who has lived in the Haight for around 15 years, said wayward youth have been flocking to that neighborhood and hurling occasional barbs at passersby (including himself) since he can remember, and recent interest in the issue does not make it a new problem. “What would actually solve the problem?” Haaland asked, and offered that sit/lie is not the answer. According to a post on Fog City Journal, his resolution for the Democratic Party to oppose sit/lie was co-sponsored by Assemblymember Tom Ammiano, Supervisor David Campos, Supervisor Chris Daly, Supervisor Eric Mar, Aaron Peskin, Hene Kelly, Rafael Mandelman, Michael Goldstein, Joe Julian, Jane Morrison, Jake McGoldrick, Michael Bornstein, and Debra Walker.

While some might look at a grungy street kid and see a menace to smooth business functioning or an unruly vagrant not being properly dealt with because the laws are too weak, Haaland said he perceives a kid from a broken home who already feels alienated from society. Incarceration for a nonviolent crime such as lying on the sidewalk would only further alienate these youths, he argued, possibly nudging them toward criminal behavior instead.

“This legislation will not solve longstanding, complex problems,” Haaland’s resolution reads. “City Hall has openly and repeatedly admitted in the press that the criminal justice system is failing to deal with similar issues in the Tenderloin, and has created an alternative known as the Community Justice Court (CJC) that is founded on principles of Restorative Justice.”

Restorative Justice is an alternative approach to dealing with crime that involves bringing together those who are directly affected to understand and address the harm that has been done, with emphasis on personal accountability and transformation. Some models also seek to change the conditions in which harmful actions occurred.

Haaland’s resolution urges the Board of Supervisors and the Mayor to oppose sit/lie, and to explore successful alternatives to incarceration.

The proposal sparked a second resolution, this one from committee member Scott Wiener, who is a candidate for the District 8 seat on the Board of Supervisors. Wiener submitted that the Democratic Party should officially get behind the CJC, and should acknowledge its error in opposing the court, a Newsom pet project, in 2008. “When I saw Gabriel’s resolution … I noticed it contained a positive reference to the [CJC],” Wiener told the Guardian. “I was pleasantly surprised.”

Furthermore, his resolution “encourages the Mayor and Board of Supervisors, budget permitting and based on careful analysis, to consider future expansion of the CJC’s geographic boundaries to include the Haight-Ashbury.”

Wiener is fully behind the sit/lie ordinance. “Right now, the police do not have enough enforcement tools to deal with some of the behavior on the streets,” he said. The measure has been an issue in the District 8 race, since progressive candidate Rafael Mandelman opposes the ordinance.

The resolution contest wasn’t over yet. In response to resolution No. 2, Haaland submitted yet another resolution — along with a personal note that appeared to extend an olive branch — revising Wiener’s proposal by urging support for “the restorative justice model as an alternative to incarceration.” (Haaland wrote an in-depth piece about restorative justice in a recent Guardian editorial.)

“I appreciated him doing that,” Wiener said when asked what he thought about resolution No. 3. “But I’m not convinced that that’s the way to go. That’s why I did not agree to it.”

Perhaps there won’t be any kum-ba-ya moments after all.

Along other email-blast circuits, Haaland’s initial proposal prompted David Villa-Lobos, a strong sit/lie advocate and District-6 contender, to sound his own alarm by urging SFPD officers to attend the April 21 meeting and defend the sit/lie ordinance.

The city Planning Commission recently voted 6-1 against the measure, and a grassroots group that brought opponents of the rule onto city sidewalks last month will hold another Stand Against Sit Lie citywide protest on April 24. The measure is expected to go before the Board of Supervisors near the end of the month.

The DCCC meeting will be held on Wednesday, April 21, at 6 p.m. in the basement auditorium of the California State Building, 455 Golden Gate Ave.

On Tax Day, are Americans getting our money’s worth?

0

Editor’s Note: While the teabaggers try to claim Tax Day as a national day of protest against government and taxes, San Francisco author and activist Steven Hill (the father of the city’s ranked choice voting system) offers a different perspective, noting that it isn’t taxes and government that we should be so angry about today, but how little we get for them, thanks largely to right-wing opposition to expanding public services

By Steven Hill
Most Americans seem to regard April 15 — the day income tax returns are due to the Internal Revenue Service — as a recurring tragedy akin to a Biblical plague.  Particularly this year, with US government deficits soaring, everyone from the teabaggers to Fox News and Senate Republicans are sounding the alarm about a return to “big government.” Recently former New York mayor Rudy Giuliani even stated that President Obama was moving us towards — gasp — European socialism.
Europe frequently plays the punching bag role during these moments because there is a perception that the poor Europeans are overtaxed serfs.  But a closer look reveals that this is a myth that prevents Americans from understanding the vast shortcomings of our own system.

A few years ago, an American acquaintance of mine who lives in Sweden told me that, quite by chance, he and his Swedish wife were in New York City and ended up sharing a limousine to the theater district with a southern U.S. Senator and his wife. This senator, a conservative, anti-tax Democrat, asked my acquaintance about Sweden and swaggeringly commented about “all
those taxes the Swedes pay.” To which this American replied, “The problem with Americans and their taxes is that we get nothing for them.” He then went on to tell the senator about the comprehensive level of services and benefits that Swedes receive.

“If Americans knew what Swedes receive for their taxes, we would probably riot,” he told the senator. The rest of the ride to the theater district was unsurprisingly quiet.

The fact is, in return for their taxes, Europeans are receiving a generous support system for families and individuals for which Americans must pay exorbitantly, out-of-pocket, if we are to receive it at all. That includes quality health care for every single person, the average cost of which is about half of what Americans pay, even as various studies show that Europeans achieve healthier results.  

But that’s not all.  In return for their taxes, Europeans also are receiving affordable childcare, a decent retirement pension, free or inexpensive university education, job retraining, paid sick leave, paid parental leave, ample vacations, affordable housing, senior care, efficient mass transportation and more. In order to receive the same level of benefits as Europeans, most Americans fork out a ton of money in out-of-pocket payments, in addition to our taxes.

For example, while 47 million Americans don’t have any health insurance at all, many who do are paying escalating premiums and deductibles.  Indeed, Anthem Blue Cross announced that its premiums will increase by up to 40%. But all Europeans receive health care in return for a modest amount deducted from their paychecks.

Friends have told me they are saving nearly a hundred thousand dollars for their children’s college education, and most young Americans graduate with tens of thousands of dollars in debt.  But European children attend for free or nearly so (depending on the country).

Childcare in the U.S. costs over $12,000 annually for a family with two children, but in Europe it cost about one-sixth that amount, and the quality is far superior. Millions of Americans are stuffing as much as possible into their IRAs and 401(k)s because Social Security provides only about half the retirement income needed. But the more generous European retirement system provides about 75-85 percent (depending on the country) of retirement income. Either way, you pay.

Americans’ private spending on old-age care is nearly three times higher per capita than in Europe because Americans must self-finance a significant share of their own senior care. Americans also tend to pay more in local and state taxes, as well as in property taxes.  Americans also pay hidden taxes, such as $300 billion annually in federal tax breaks to businesses that provide health benefits to their employees.

When you sum up the total balance sheet, it turns out that Americans pay out just as much as Europeans — but we receive a lot less for our money.  

Unfortunately these sorts of complexities are not calculated into simplistic analyses like Forbes’ annual Tax Misery Index, a “study” which shows European nations as the most miserable and the low-tax United States as happy as a clam — right next to Indonesia, Malaysia and the Philippines.

In this economically competitive age, increasingly these kinds of services are necessary to ensure healthy, happy and productive families and workers. Europeans have these supports, but most Americans do not unless you pay a ton out-of-pocket. Or unless you are a member of Congress, which of course provide European-level support for its members and their families.

That’s something to keep in mind on April 15.  Happy Tax Day.

[Steven Hill is the author of the recently published “Europe’s Promise: Why the European Way is the Best Hope in an Insecure Age” (www.EuropesPromise.org) and director of the Political Reform Program for the New America Foundation].

The dawn of Earth Day

2

tredmond@sfbg.com

GREEN ISSUE The heavens welcomed Earth Day to America. All over the country, April 22, 1970 dawned clear and sunny; mild weather made it even easier to bring people into the streets. The Capitol Mall was packed, and so many members of Congress were making speeches and appearing at events that both houses adjourned for the day.

Mayors, governors, aldermen, village trustees, elementary school kids, Boy Scout troops, labor unions, college radicals, and even business groups participated. In fact, the only organization in the nation that actively opposed Earth Day was the Daughters of the American Revolution, which warned ominously that "subversive elements plan to make American children live in an environment that is good for them."

By nightfall, more than 20 million people had participated in the First National Environmental Teach-In, as the event was formally known. It established the environmental movement in the United States and helped spur the passage of numerous laws and the creation of hundreds of activist groups.

It was, by almost all accounts, a phenomenal success, an event that dwarfed the largest single-day civil rights and antiwar demonstrations of the era — and the person who ran it, 25-year-old Denis Hayes, wasn’t happy.

His concern with the nascent movement back then says a lot about where environmentalism is 40 years later.

Gaylord Nelson, a mild-mannered U.S. senator from Wisconsin, came up with the idea of Earth Day on a flight from Santa Barbara to Oakland. Nelson was the kind of guy who doesn’t get elected to the Senate these days — a polite, friendly small-town guy who was anything but a firebrand.

A balding, 52-year-old World War II veteran who survived Okinawa, Nelson was a Democrat and generally a liberal vote, but he got along fine with the die-hard conservatives. He kept a fairly low profile, and did a lot of his work behind the scenes.

But long before it was popular, Nelson was an ardent environmentalist — and he was always looking for ways to bring the future of the planet into the popular consciousness.

In August 1969, Nelson was on a West Coast speaking tour — and one of his mandatory stops was the small coastal city that seven months earlier had become ground zero for the environmental movement. Indeed, a lot of historians say that Earth Day 1970 was the coming out party for modern environmentalism — but the spark that made it possible, the event that turned observers into activists, took place Jan. 28, 1969 in Santa Barbara.

About 3:30 on a Tuesday afternoon, a photographer from the Santa Barbara News Press got the word that something had gone wrong on one of the Union Oil drilling platforms in the channel just offshore. The platforms were fairly new — the federal government had sold drilling rights in the area in February 1968 for $603 million, and Union was in the process of drilling its fourth offshore well. The company had convinced the U.S. Geological Survey to relax the safety rules for underwater rigs, saying there was no threat of a spill.

But shortly after the drill bit struck oil 3,478 feet beneath the surface, the rig hit a snag — and when the workers got the equipment free, oil began exploding out. Within two weeks, more than 3 million gallons of California crude was on the surface of the Pacific Ocean, and a lot of it had washed ashore, fouling the pristine beaches of Santa Barbara and fueling an angry popular backlash nationwide.

Nelson received an overwhelming reception at his Santa Barbara talk — and horrified as he was by the spill, he was glad that an environmental concern was suddenly big news. But, as he told me in an interview years ago, he still wasn’t sure what the next steps ought to be — until, bored on an hour-long flight to his next speech in Berkeley, he picked up a copy of Ramparts magazine.

The radical left publication, once described as having "a bomb in every issue," wasn’t Nelson’s typical reading material. But this particular issue was devoted to a new trend on college campuses — day-long "teach-ins" on the Vietnam War.

Huh, Nelson thought. A teach-in. That’s an intriguing idea.

Hayes was a student in the prestigious joint program in law and public policy at Harvard. He’d been something of a campus activist, protesting against the war, but hadn’t paid much attention to environmental issues. He needed a public-interest job of some sort for a class project, though, so when he read a newspaper article about the senator who was planning a national environmental teach-in, he called and offered to organize the effort in Boston. Nelson invited him to Washington, was impressed by his Harvard education and enthusiasm, and hired him to run the whole show.

The senator was very clear from the start: the National Environmental Teach-In would not be a radical Vietnam-style protest. The event would be nonpartisan, polite, and entirely legal. Hayes and his staffers chafed a bit at the rules (and the two Senate staffers Nelson placed in the Earth Day office to keep an eye on things), and they ultimately set up a separate nonprofit called the Environmental Action Foundation to take more aggressive stands on issues.

Meanwhile, Hayes did the job he was hired to do — and did it well. Everywhere he turned, from small towns to big corporations, people wanted to plug in, to be a part of the first Earth Day. Many wanted to do nice, noncontroversial projects: In Knoxville, Tenn., students decided to scour rivers and streams for trash to see if they could each clean up the five pounds of garbage the average American threw away each day. In dozens of communities, people organized tree-plantings. In New York, Mayor John Lindsay led a parade down Fifth Avenue.

A few of the actions were more dramatic. A few protesters smashed a car to bits, and in Boston, 200 people carried coffins into Logan International Airport in a symbolic "die-in" against airport expansion. In Omaha, Neb., so many college students walked around in gas masks that the stores ran out. But it was, Hayes realized, an awful lot of talk and not a lot of action. The participants were also overwhelmingly white and middle-class.

Hayes wasn’t the only one feeling that way. In New York, author Kurt Vonnegut, speaking from a platform decorated with a giant paper sunflower, added a note of cynicism.

"Here we are again, the peaceful demonstrators," he said, "mostly young and mostly white. Good luck to us, for I don’t know what sporting event the president [Richard Nixon] may be watching at the moment. He should help us make a fit place for human beings to live. Will he do it? No. So the war will go on. Meanwhile, we go up and down Fifth Avenue, picking up trash."

Hayes finally broke with the politics of his mentor early on Earth Day morning when it was too late to fire him. The next day, the National Environmental Teach-In office would close and the organization would shut down. From that moment on, he could say what he liked and not worry who he offended.

"I suspect," he told a crowd gathered at the Capitol Mall, "that the politicians and businessmen who are jumping on the environmental bandwagon don’t have the slightest idea what they are getting into. They are talking about filters on smokestacks while we are challenging corporate irresponsibility. They are bursting with pride about plans for totally inadequate municipal sewage plants. We are challenging the ethics of a society that, with only 6 percent of the world’s population, accounts for more than half the world’s annual consumption of raw materials.

"We are building a movement," he continued, "a movement with a broad base, a movement that transcends traditional political boundaries. It is a movement that values people more than technology and political ideologies, people more than profit.

"It will be a difficult fight. Earth Day is the beginning."

I first met Hayes in 1990, near the office in Palo Alto where he was planning the 20th anniversary of Earth Day. He’d continued his environmental work inside and outside government, at one point running the National Energy Laboratory under President Jimmy Carter. Earth Day 20 was shaping up as a gigantic event, one that would ultimately involve 200 million people around the globe. Earth Day was becoming the largest secular holiday on the planet.

Hayes was excited about the event, which he was running this time without the moderating influence of a U.S. senator. And he was aiming for a much more activist message — in fact, at that point, he was pretty clear that the U.S. environmental movement was running out of time.

"Twenty years ago, Earth Day was a protest movement," he told a crowd of more than 300,000 in Washington, D.C. "We no longer have time to protest. The most important problems facing our generation will be won or lost in the next 10 years. We cannot protest our losses. We have to win."

And now another 20 years have passed — and by many accounts, we are not winning. Climate change continues, and even accelerates; an attempt at a global accord just failed; and Congress can’t even pass a mild, watered-down bill to limit carbon emissions.

And Hayes, now president of the Bullitt Foundation, a sustainability organization in Seattle, thinks the movement has a serious problem. "Earth Day has succeeded in being the ultimate big tent," he told me by phone recently. "To some rather great extent, is had some measure of success."

But he noted that "in American politics these days, it’s not the breadth of support, it’s the intensity that matters. Environmentalists tend to be broadly progressive people who care about war and the economy and health care. They aren’t single-issue voters. And somehow, the political intensity is missing."

Hayes isn’t advocating that environmentalists forget about everything else and ignore all the other issues — or that the movement lose its broad-based appeal — but he said it’s time to bring political leaders and policies under much, much sharper scrutiny and to "stop accepting a voting record of 80 percent."

It’s hard today to be bipartisan, and compromise is unacceptable, Hayes told me. "I was probably right [in 1990]," he said. "If what you’re aspiring to do is stop the greenhouse gases before they do significant damage to the environment, it’s too late." At this point, he said, it’s all about keeping the damage from turning into a widespread ecological disaster.

"I would like to see Earth Day 50 be a celebration," he said. "I would like to see by then a real price on carbon, nuclear power not proliferating, and a profound, stable investment in cost-effective, distributed renewable energy." But for that to happen, "we need to have a very intense core of environmental voters who realize that these threats to life on the planet are more important than a lot of other things."

Tim Redmond is the author, with Marc Mowrey, of Not In Our Back Yard: The People and Events that Shaped America’s Modern Environmental Movement (William Morrow, 1993) which can still be found in the remainder bins of a few used book stores.

Editorial: No free ride for developers

0

Under Newsom’s approach, the current residents and businesses of San Francisco will have to put up millions of dollars to cover the costs created by market-rate housing developers

The dumbest plan the Newsom administration has cooked up in a long time continues to make its way through City Hall. The mayor wants to defer fees for housing developers as a way to “stimulate” the economy — despite the fact that the city’s own economist concluded the plan would lead to the creation of a relatively tiny number of jobs and perhaps 40 or 50 new market-rate condos over the next two years.

And the cost would be staggering. Over the next 15 to 20 years, depending on how much the housing market picks up, $43 million worth of fees developers typically pay before they break ground could be deferred, an analysis by Fernando Marti, a member of the Eastern Neighborhoods Citizens Advisory Committee, shows. The city would get the money eventually — but buildings would go up before the cash to provide water and sewer service, public transportation, schools, parks, and other amenities is in the city’s accounts.

At the same time, information released by the city last week shows that the gap between the cost of the infrastructure needed for the Eastern Neighborhoods plan and the fees developers will pay is at least $100 million, and perhaps as much as $234 million.

The message is clear. Under Newsom’s approach, the current residents and businesses of San Francisco will have to put up millions of dollars to cover the costs created by market-rate housing developers. In fact, Newsom’s administration is already suggesting special levies on property in the impacted areas to make up the difference.

In underserved areas like the Eastern Neighborhoods, where transit and open space are already inadequate to meet current needs, the situation is particularly harsh. “They want to have the Eastern Neighborhoods pay higher taxes than anyone else to mitigate the impacts of new stuff that was supposed to pay for itself,” planning activist Tony Kelly, who is running for District 10 supervisor, told us. “This is a non-starter.”

The problem is nothing new — although a lot of pro-development activists have been denying it for years: new high-end housing development doesn’t pay its own way. If more than 40,000 new residents are going to live in the southeast part of town, San Francisco will have to build schools, police stations, firehouses, bus and rail lines, parks, and in some cases new roads. Then the city will have to hire (and train) cops, bus drivers, firefighters, gardeners, and teachers. None of that is cheap — in fact, the Eastern Neighborhoods Infrastructure Finance Working Group estimates that the actual cost of providing basic infrastructure would be about $22 for every square foot of new development.

The developers howl at that sort of number and insist they can’t afford it, so the city is prepared to charge closer to $10 a square foot. To make up the difference in the Eastern Neighborhoods, the working group suggested some form of tax-increment financing — that is, the city would borrow against the expected new property tax revenues from the new development and use that to build infrastructure. The mayor took that off the table, wanting any new revenue to go right to the General Fund.

And, of course, under the mayor’s current plan, the modest fees developers actually have to pay will be deferred for several years, making the problem even worse. So the only way to pay for the costs of new housing development is some sort of special property-tax district in the affected neighborhoods.

Add to this the fact that the mayor’s proposal would mean the immediate loss of at least 400 affordable housing units, and the whole thing becomes untenable.

The supervisors have amended the fee-deferral plan to make it a bit less awful, but the whole approach is still completely backward. City fees aren’t holding up housing construction; the weak market and tight credit are to blame for that. And when those conditions change, developers will be poised — as always — to make a vast amount of money selling overpriced condos for millionaires in San Francisco. And if they can’t pay their own way, the city shouldn’t allow them to break ground.

 

No free ride for developers

2

EDITORIAL The dumbest plan the Newsom administration has cooked up in a long time continues to make its way through City Hall. The mayor wants to defer fees for housing developers as a way to "stimulate" the economy — despite the fact that the city’s own economist concluded the plan would lead to the creation of a relatively tiny number of jobs and perhaps 40 or 50 new market-rate condos over the next two years.

And the cost would be staggering. Over the next 15 to 20 years, depending on how much the housing market picks up, $43 million worth of fees developers typically pay before they break ground could be deferred, an analysis by Fernando Marti, a member of the Eastern Neighborhoods Citizens Advisory Committee, shows. The city would get the money eventually — but buildings would go up before the cash to provide water and sewer service, public transportation, schools, parks, and other amenities is in the city’s accounts.

At the same time, information released by the city last week shows that the gap between the cost of the infrastructure needed for the Eastern Neighborhoods plan and the fees developers will pay is at least $100 million, and perhaps as much as $234 million.

The message is clear. Under Newsom’s approach, the current residents and businesses of San Francisco will have to put up millions of dollars to cover the costs created by market-rate housing developers. In fact, Newsom’s administration is already suggesting special levies on property in the impacted areas to make up the difference.

In underserved areas like the Eastern Neighborhoods, where transit and open space are already inadequate to meet current needs, the situation is particularly harsh. "They want to have the Eastern Neighborhoods pay higher taxes than anyone else to mitigate the impacts of new stuff that was supposed to pay for itself," planning activist Tony Kelly, who is running for District 10 supervisor, told us. "This is a non-starter."

The problem is nothing new — although a lot of pro-development activists have been denying it for years: new high-end housing development doesn’t pay its own way. If more than 40,000 new residents are going to live in the southeast part of town, San Francisco will have to build schools, police stations, firehouses, bus and rail lines, parks, and in some cases new roads. Then the city will have to hire (and train) cops, bus drivers, firefighters, gardeners, and teachers. None of that is cheap — in fact, the Eastern Neighborhoods Infrastructure Finance Working Group estimates that the actual cost of providing basic infrastructure would be about $22 for every square foot of new development.

The developers howl at that sort of number and insist they can’t afford it, so the city is prepared to charge closer to $10 a square foot. To make up the difference in the Eastern Neighborhoods, the working group suggested some form of tax-increment financing — that is, the city would borrow against the expected new property tax revenues from the new development and use that to build infrastructure. The mayor took that off the table, wanting any new revenue to go right to the General Fund.

And, of course, under the mayor’s current plan, the modest fees developers actually have to pay will be deferred for several years, making the problem even worse. So the only way to pay for the costs of new housing development is some sort of special property-tax district in the affected neighborhoods.

Add to this the fact that the mayor’s proposal would mean the immediate loss of at least 400 affordable housing units, and the whole thing becomes untenable.

The supervisors have amended the fee-deferral plan to make it a bit less awful, but the whole approach is still completely backward. City fees aren’t holding up housing construction; the weak market and tight credit are to blame for that. And when those conditions change, developers will be poised — as always — to make a vast amount of money selling overpriced condos for millionaires in San Francisco. And if they can’t pay their own way, the city shouldn’t allow them to break ground.

The problem with Park Merced

7

It’s no secret that Park Merced, the sorta-suburban mega-housing complex in the southwest corner of the city, wants to expand. New mid-rise towers would house some 7,000 apartments, with space for maybe 12,000 new residents — which is fine if you like the idea of more rental housing in the city (although much of it not affordable). But it also means a huge amount of new traffic in the area, particularly on 19th Avenue, which is pretty crowded as it is.


Now, the developer and the city talk about adding new transit to the area — an underground Muni rail station at Park Merced, more buses, all that good stuff. Sup. Sean Elsebernd, who represents the district, is (properly) demanding it.


But here’s the hitch: Never once in the history of this city has a major new development paid enough fees or brought enough money into the city to pay for the infrastructure required to serve it. And that’s going to get even worse if the mayor gets his way and defers development fees.


The cost of the level of transit necessary to serve the new residents of Park Merced, along with the expanded number of students at San Francisco State, and the expansion of the Stonestown shopping center, is gong to be massive. Park Merced may pay to build a new station — but the developer won’t pay for the cost of buying new buses and trains, hiring operators, and paying them. The increased property tax revenue from the project won’t cover that, either — particularly since it also has to cover water and sewer expansion, police and fire expansion, new schools and parks, and all the other expensive things that 7,000 new residents will want.


I don’t think the city’s even come close to figuring out the total bill for all the infrastructure improvements this project will require. Let’s add that up first — before the city issues any permits — and present the developer with the bill. Then we can decide if this project is a good idea.

Editorial: Avoiding a taxicab meltdown

0

300 medallion holders who are now more than 70 years old will be allowed to sell their permits and pocket the money

The pilot program to privatize taxicab permits is a done deal. It’s a mistake, and its going to cause serious problems, but at this point, short of a new charter amendment, there’s not a lot anyone can do about it. Under the 2007 measure Proposition A, the Municipal Transportation Agency has the authority to revamp the rules for how cabs are regulated, and the MTA board, appointed by Mayor Gavin Newsom, has approved the privatization plan.

But the implementation rules can still be written to prevent some of the worst possible results.

Under the proposal, as many as 300 medallion holders who are now more than 70 years old will be allowed to sell their permits and pocket the money. The city will get 15 percent of the sale price. The idea is to encourage older drivers to retire. Since medallion holders must by law be active drivers – and the medallions are issued to drivers until they retire or die and the medallions are highly lucrative – the city’s taxi fleet includes a significant number of people who should no longer be behind the wheel.

But since 1978, the medallions have been issued to drivers for only a token fee – so in essence, the city just handed the older drivers a massive windfall. The permits – public property – are expected to sell for around $200,000, with holders pocketing 85 percent of that cash.

Newsom had much more ambitious plans – he initially wanted to put all the permits on the market and raise as much money for the city as possible. To her credit, Christine Hayashi, MTA’s taxi director, has held her ground and stuck to a plan she thinks will slowly address the problems in the current system (too many older drivers, too long a waiting list for permits).

But if this is going to be anything other than an utter disaster for cab drivers and the city, Hayashi needs to make sure that the permits don’t become speculative commodities – and that cab companies don’t use the new rules as a way to turn medallion buyers into indentured servants.

The rules still require that medallions be held by (and thus sold to) working drivers. But let’s face it: not many drivers have $200,000 cash on hand, so the system’s only going to work if the city can line up financing. Hayashi says she has several banks interested in making medallion loans (in fact, the banks will be the big winners here – medallions don’t depreciate and almost certainly won’t lose value over time). But the drivers will have to come up with a downpayment, probably 10 percent – and a lot of prospective buyers won’t have that much cash, either. One likely outcome: Cab companies will offer to front the downpayment for drivers who agree to associate their medallions with that company. Hayashi needs to press and enforce a rule that bans any cab company from lending money for permits. If this is going to benefit the average driver, the city ought to mandate low downpayments from participating banks or work with nonprofit microlenders to make those loans. (In fact, the city ought to be reaching out to the nonprofit finance community for advice on how to implement the entire program.)

MTA also needs to set a firm, reasonable cap on prices – at a level that a working driver earning the income possible at today’s fares can afford. Medallions can’t be allowed to sell at whatever the market will bear – or speculators and unscrupulous companies will be working all sorts of scams to cash in, the drivers will never have a chance, and the whole system will collapse.

Saturday voting — and how to fund it

9

Alex Tourk, a local political consultant who was once Gavin Newsom’s campaign manager, came by today to pitch us on his latest project: Saturday voting. He’s generated a fair amount of press on the concept, and it sounds like one of those thing nobody could oppose; why not open the polls an extra day? In fact, why not open the polls from Friday until Monday? Why Tuesday, anyway?


Well, Tuesday voting is a creature of the mid-1800s, when it took a couple of days to get from the farm to the town center, and nobody wanted to start out on a Sunday. Now it’s in the California constitution. But there’s no law that says you can’t vote Saturday AND Tuesday.


What Tourk is proposing is fairly simple: Voting places would be open Saturday, but there would be no voting machines. You’d just go there and fill out an absentee ballot. Which you could also do at home, of course, and a citywide vote-by-mail effort might increase turnout even more. (Or maybe it wouldn’t, given the low rate at which census forms are getting returned.)


Tourk says he wants to build excitement about elections and community interest; that’s why he wants the polls open an extra day — and a day when more people are off work and thus, in theory, would have more time to vote. He’s circulating an initiative that would set up a one-time pilot project, for the 2011 mayor’s race. If it works, maybe the supervisors and the mayor will want to continue it.


Here’s my big concern: Tourk doesn’t want to ask for public money from a city that’s deep in the red, so he’s proposing to raise the $1 million or so it would cost for Saturday voting from private interests.


Of course, the names of the donors would all be public, but still: Managing elections is about the most central democratic function of a government — and I really don’t want to see private interests involved. It seems to me that if this is worth doing, it’s worth paying for with public funds.


Where would that money come from? Here’s an idea: Prop. 15, the California Fair Elections Act, would set up a pilot program for public funding for statewide elections. The money would come from fees on lobbyists. Why can’t we do the same thing in San Francisco? Fund Saturday elections with a lobbyist fee — and a tax on political consultants.


Seriously: Consultants make money by manipulating democracy. They represent, on a deep philosophical level, the privatization of American politics. I’m not saying all consultants are bad or that they should be outlawed or anything like that — but a modest levy on political consultant fees would more than fund a Saturday election pilot program.


Tourk smiled when I suggested this, and would only say it was “an interesting idea.” Now, which supervisor is going to pick up on a tax that will only offend the small number of people who help get all our local officials elected?

Editor’s Notes

0

Tredmond@sfbg.com

A couple of weeks ago, political consultant David Latterman, who often works with downtown interests, sent off an e-mail warning that the pro big-business, moderate bloc needed to get its act together. "It appears as if different groups are unwilling to set aside their egos or agendas, and pool together resources in a comprehensive plan to take back the [Democratic County Central Committee]," he wrote. "And guess what, we’re going to lose, in June and November."

His point: the DCCC matters, a lot. "The DCCC controls the supe endorsements that matter most," he noted, adding, "The mayor’s race starts now."

And that’s absolutely true — and unless the folks downtown are foolish or have given up (and neither is terribly likely) they’re going to get the message, and there’s going to be a big-money push in the next two months to oust the progressive majority on the county committee.

The DCCC controls the Democratic Party endorsements — and the party slate card is among the most influential political slates in a city where the vast majority of the population votes for Democrats. The DCCC could well make the difference in some of the key supervisorial races this fall — and could play a key role in choosing the next mayor of San Francisco.

But it’s not a high-profile election. More than half the votes will probably be absentees. That means it’s critical that the progressive candidates can raise money, do mailers, and fight back.

At this point, there’s a pretty good consensus on a progressive slate. We published our endorsements last week, and the Milk Club, Sierra Club, Tenants Union, and Assembly Member Tom Ammiano have endorsed most of the same candidates. In the fall, labor, environmental groups, tenants, and other progressive interests will be putting a lot of money into the races for district supervisor. But I could argue that the DCCC is just as important — and if we don’t fight this one to win, it’s going to be a lot harder in November.