Newsom

SF to pay $100 million for disappearing island

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By Steven T. Jones
Treasure Island Rendering.jpg
Artists rendering for the Treasure Island development.

Mayor Gavin Newsom just announced an agreement in which San Francisco will pay the U.S. Navy more than $100 million for Treasure Island – property that we were originally supposed to get for free to offset the economic impacts of military base closures and which could be underwater by the end of the century.

In the press release, Navy Secretary Ray Mabus called the agreement “good for the American tax payer” and Newsom expressed optimism that “having the terms of this conceptual agreement with the Navy in place will allow us to finalize our development plans and generate badly needed jobs in this difficult economic climate.”

But this project is still years away from breaking ground. And despite what the release called a project “widely heralded as one of the most environmentally sustainable development plans in US history,” an April report from the San Francisco Bay Conservation and Development Commission indicates that a 55-inch sea level rise from global warming – which models show we could experience within 90 years — would inundate most of the island.

Yet project developers, including Lennar Corp. and the politically connected Darius Anderson, will be long gone when Treasure Island sets a new standard for underwater sustainability.

Herrera to Campos: duck and cover

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LouisNewsom2.jpg
Louis XIV’s weakness was liking to hear people sing his praises. Is the same true of Newsom? And is this why he is refusing to meet with immigrant advocates, who have been critical of his sanctuary policy cave-in, and do the right thing for immigrant youth?

Text by Sarah Phelan

City Attorney Dennis Herrera replied today to Sup. David Campos’ request that he tell Newsom that he’s not a monarch. Campos made his request after Newsom said he intends to ignore the Board’s veto-proof amendment to the sanctuary ordinance.

Herrera also replied to Campos’ request that the Juvenile Probation Department could comply with the ordinance’s directive by adopting a proposed policy thqt was drafted by the Asian Law Caucus.

And the answer seems to be yes, Newsom’s not a monarch, and yes, JPD could adopt ALC’s proposed policy, but it all comes down “to the extent permitted by state and federal law,” which sounds like a massive passing of the buck.

Shades of green

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news@sfbg.com

Can "green" consumerism help "green" the planet? In other words, can we spend our way to a better future? Or is the demand for more environmentally benign products and services just a way of making people feel better while delaying capitalism’s inevitable day of reckoning?

To explore these questions, consider the San Francisco Green Festival, the second-most attended green festival in the world and what organizers say is the country’s largest sustainability event. More than 40,000 people and 350 companies visited the eighth annual festival, held last month at the San Francisco Concourse Exhibition Center.

The emphasis of the event was on the power of purchasing. Just about everything was for sale, from fair-trade chocolate and hemp sweaters to paper journals made from Sri Lankan elephant dung. Certified "green" companies were happy to spend from $5,000 to $100,000 for their stalls and passersby shopped for guilt-free gifts. But critics of the trend question whether green consumption is ever better than no consumption at all.

"I believe we are getting to the point of urgency. We are beyond incremental reform and need significant structural change," said Brahm Ahmadi, cofounder and executive director of People’s Grocery. "What we really need to do is fundamentally shift the level of consumerism — not just shift into the consumption of more sustainable things — but realize that we need to consume less as a society."

The 2008 Living Planet Report, produced by the World Wildlife Fund, indicates that our global footprint now exceeds the world capacity to regenerate by about 30 percent. The report notes that if demands on the planet continue at the same rate, by the mid-2030s, we will need to the equivalent of two planets to maintain our lifestyles.

Ahmadi said trade-show events like the Green Festival can function as a good point of entry for people interested in reducing their own ecological footprint, but added that they don’t go nearly far enough in addressing the problem. They may even hinder people’s understanding of what needs to be done.

"The problem is that the words "green," "local," and "sustainable" can be used interchangeably now. They have become another sort of brand element in marketing," he said. "If this festival is the first step in a multistep strategy on how to change the planet, then that is great. But impressions aren’t set up in a way that puts the consumer on the path to a longer-term perspective."

For example, the Green Festival isn’t local. Although festival organizers say it promotes local companies that make green products, a spokeswoman admitted that about 40 percent of the exhibitors reside more than 150 miles from the site — the criteria one must meet to be deemed local by the festival.

Kevin Danaher, founder of Green Festivals and the cofounder of Global Exchange, told the Guardian that the festival costs almost $1 million to put on and makes $10,000–$30,000 in profit each year. He stressed that the aim of the event is to accelerate the transition to a green economy, an economy he says "will make better profits by saving nature rather than destroying it.

"We are trying to take enterprise away from big corporations and redefine it," Danaher continued. "For us, free enterprise should mean the freedom for everybody to be enterprising, the realization that alternative business models can make better profits than traditional ones."

Although Danaher claims the festival is an "enterprise-based event that encourages people to consume less," he believes it’s better to meet consumer demand with a green-mind business than leave it to be filled by a multinational corporation. "We know that people buy socks, toilet paper, and cat litter, and they can either buy the crappy corporate stuff or the good, green, socially-responsible stuff. That’s the choice," he said.

But Ahmadi sees a flaw in this premise. As long as progress is measured and defined by economic growth — the neverending requirement of the capitalist system — society will continue to fall short of sustainability targets, no matter what kind of products people buy, he said.

"At some point there is a threshold, even for green products, when the net benefits of producing the product will be surpassed," he said. "We need to go back to the framework that the economy is currently based on. At the moment, perpetual growth is the only way to assign value. But this linear way of thinking is dangerous to the sustainability of the planet. We must define value differently."

More than 125 speakers attended the event, including Democracy Now! founder Amy Goodman, nutrition expert Marion Nestle, and Mayor Gavin Newsom. Some even emphasized the tension inherent in staging the festival.

"It’s a good thing and a bad thing. People leave more conscious and aware, but they also leave a tremendous footprint getting here and leaving," said CEO of Gather restaurant Ari Derfel, who spoke on the main stage in front of a piece of art made from a year’s worth of his own trash. "People do engage in gross consumerist behavior. But they also get engaged with some companies that are doing incredible things."

Although he added that a green future must go beyond that represented at the Green Festival, he acknowledged that it represents the period of transition we now live in. "We can’t go from A to Z without touching on all the letters in between. And we are still in a consumer-based, material goods economy. We couldn’t make one wholesale swoop in one day."

Yet for Derrick Jensen, environmental activist and author of Endgame — a book that questions the inherently unsustainable nature of modern civilization — events like the Green Festival don’t really address the real problems at the center of the sustainability movement.

"I don’t see it as a transition," said Jensen, who made a speech at the event a few years ago. "It is not nearly sufficient. Now there is an attempt to add the word "green" before something and pretend that we’re actually going to make a significant difference. But this is problematic."

The problem, as he sees it, is that attendees simply learn to accept the existing economic system — and even believe it can become sustainable. They come to think that buying the right socks or toilet paper is helping to save the planet.

"Where is the overtly revolutionary material?" Jensen asked. "Where is the acknowledgement that capitalism needs to come down, or the discussion of the psychopathology of those in power? They talk only of alternative economies, but look what happened to every alternative economy — they get taken over and consumed by mainstream culture."

Jensen added that the notion of basing a revolution on changes to personal consumption is not only inherently flawed but dangerously misinformed. "This sort of festival is based on the mistaken notion that personal consumption represents a significant portion of the economy," he said. "In reality, 1,600 pounds of trash are produced per capita. If I reduce that to zero, it’s great. But per capita waste production by industries is on average 26 tons. That is 97 percent of all waste.

"This festival can make you feel good for one day, but then you just go back to normal life," he added. "And in some ways, it’s a real distraction. It makes people identify as consumers rather than citizens who have a whole range of resistance methods rather than just to buy or not buy."

Although Danaher stressed that each company at the festival went through Green America’s screening process — where they are subject to almost 250 questions analyzing their true social and environmental impact — Jensen said even "green" products often rely on the wasteful industrial system to be manufactured and transported.

"It is not difficult to see. You just can’t have infinite growth on a finite planet. The hyper-exploitation of even renewable resources won’t last, by definition. For any economic system to be sustainable, it has to benefit the land base it is based on."

Many of the companies at the event had obtained Green America’s sought-after Seal of Approval, which takes into account issues including the company’s manufacturing and marketing of products, as well as treatment of employees and effects on surrounding communities. At the same time, certain corporations that didn’t meet those criteria, like eBay, were invited anyway and labeled "corporate innovators."

Hamler said these are corporations that are moving toward social and environment responsibility, and they are still subject to a very strict review. Noting that only 60 out of every 300 corporations make the cut, she emphasized the changing nature of markets and the place for corporations within them.

Yet for Ahmadi, the very idea that large corporations can be a part of this change is misleading. "Even if a majority of their product line is green, the global ecological footprint of a corporation will almost always be beyond measure," he said. "The notion of consolidated corporations is counter to the diversity we need to create an equitable and sustainable economy."

While the Green Festival offsets the carbon emissions of its organizers and hosts carbon-offsetting companies, it doesn’t pretend to be a carbon-neutral event that covers anywhere near all its vendors and attendees. Indeed, environmental activist Josh Hart said that the system of carbon offsets — whereby people, companies, and states can claim to reduce their carbon emissions by investing in carbon-friendly projects elsewhere — represents yet another move in the wrong direction.

Hart went to festival as a representative of Cheatneutral, a satirical company that claims to offset romantic infidelity by paying someone else to be faithful. He said he wanted to expose the "pink elephant in the room" that no one else seemed to discuss at the festival.

"Offsetting is just another way of using the psychological technique of denial. It says you can carry on as normal but pay someone else to be green. This is the wrong approach and it is a fiction, not a reality," he told us. "The festival is putting itself forward as green, but people are doing this really unsustainable thing: flying out to the conference from all around the country for a few days and then leaving. This acts as a greater disservice to what we really need to be doing."

Although Lee did not yet know the carbon emissions total from this year’s festival, she said the five green festivals from last year produced about 900 tons of carbon –- the equivalent of roughly 355 roundtrip cross-continental flights — not including electricity, product consumption, or local travel.

But for Hart, this number represents a "massive underestimate" of the true carbon footprint, considering the number of people who attended the San Francisco event alone. He said the festival should take into account all the people who flew to the event, including company representatives and ticket-buyers, not just festival staff.

"The CO2 from a roundtrip flight from New York to San Francisco is around 2,280 kg, the equivalent of running a refrigerator for more than 22 years. It’s more than running a car all year," he said. "It’s staggering, really, how much carbon flying emits, and how incompatible aviation is with anything purporting to be green."

He added: "I think this issue goes straight to the battle over the heart of the green movement. Are we going to tell people that going green is easy and gloss over the difficult realities? Or are we going to be honest about the science that tells us that dramatic changes in lifestyles are required, in particular how we get around and what we consume?"

Yet for activists like Jenson, the extent to which the festival is carbon neutral is insignificant compared to the role the festival could play as a catalyst for future action.

"It is not the role of the activist to navigate systems of oppressive power, but instead to confront and take down those systems," Jensen said. "The point is, as far as an event like the Green Festival explicitly puts itself up as part of a larger culture of resistance, then I don’t have a problem with it. But if it suggests that in any way it is remotely sufficient to what we’re facing, then we have a problem."

Russoniello has to go

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EDITORIAL When you look behind the problems San Francisco has had with its sanctuary city policy — the arrest and threatened deportation of kids as young as 15, the threats to city officials trying to protect juveniles, the threats to the new policy Sup. David Campos won approval for — there’s one major figure lurking: U.S. Attorney Joe Russoniello.

He’s the same one who was behind the raids on medical marijuana clubs. He’s a Republican whose former law firm, Cooley, Godward, gets hefty legal fees from representing Pacific Gas and Electric Co. — one of the biggest federal criminals in the land. He served under Presidents Ronald Reagan and George W. Bush.

And it’s a mystery to us why this holdover from a discredited administration is still running the Justice Department in one of the most liberal parts of the United States.

The Obama administration has been slowly replacing Bush appointees with more progressive U.S. attorneys. Some say the process has been dragging on too long — after all, Bill Clinton fired every one of the nearly 100 U.S. attorneys shortly after taking office and started putting his own people in place right away. But in many states, the process has moved forward; 20 jurisdictions have new U.S. attorneys, and nominations are pending in about 10 more.

So why is the process taking so long in California?

Choosing a top federal prosecutor isn’t entirely the job of the president. Under long-held Washington traditions, the senior U.S. senator of the president’s party has tremendous influence over the selection process, and in California, Sens. Barbara Boxer and Dianne Feinstein have split up the duties. Boxer is screening candidates for the Northern District, and Feinstein is handling the Central and Southern Districts. So for all practical purposes, Russoniello’s replacement is going to be chosen by Boxer.

The senator ought to be asking all the candidates the same question San Francisco City Attorney Dennis Herrera recently asked Russoniello: Will you promise not to prosecute individual city workers who follow the San Francisco Sanctuary Ordinance? And she should finalize her choice quickly and send that name to the White House with all due dispatch. Russoniello has to go, and his departure is way overdue.

Herrera, meanwhile, has his own Sanctuary Ordinance challenges: Sup. David Campos has asked Herrera to formally advise the supervisors on the legality of Mayor Newsom’s refusal to follow the immigration policies that a veto-proof majority of the board passed. Newsom claims that the Campos law, which overturns Newsom’s policy of mandating that all juvenile offenders be reported to immigration authorities at the time of arrest, violates federal statutes.

In a Dec. 10 letter to Herrera, Campos warned that Newsom’s move would "establish the dangerous precedent that a mayor can disregard legislation that the board has properly passed.

"To say that this would undermine the board’s authority is an understatement. This is to say nothing of the fact that it would mean that undocumented children would continue to lack basic rights in San Francisco."

So that puts the city attorney — who is almost certainly going to run for mayor himself — on the hot seat. He needs to make a clear ruling that the mayor can’t just ignore city law. And he and Newsom should both be in touch with Boxer to urge her to move rapidly on a new U.S. attorney who will be more favorable to progressive immigration policies.

Can progressives counter a re-energized Newsom?

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By Steven T. Jones

Since my Dec. 4 blog post about Mayor Gavin Newsom reengaging with San Francisco, there have been more signs that he’s back and trying to take control of the city’s agenda. While that may be preferable to an absentee mayor, it’s probably not good news for the progressives, who have nominal control over the Board of Supervisors but seem to be having a hard time putting together effective political plays.

Newsom dropped in on the San Francisco Chronicle’s editorial board yesterday and was rewarded with a splashy lead story about how he and Sup. Sean Elsbernd are proposing a charter amendment to reform the city’s pension system. Apparently, the mayor has dropped his petulant approach to the media and is now using the Chron to proactively build public support for a proposal that most City Hall players hadn’t even heard of yet.

Newsom’s recent choice of Tony Winnicker for a new press secretary – a figure far less caustic and divisive than his two predecessors – also probably signals the mayor’s intent to try to play offense for awhile and chip away at the progressive block. Newsom yesterday announced a new sustainable energy financing program for building owners in the city, which he’s pushing in partnership with Sup. Eric Mar – a progressive who was the swing vote earlier this year for approving a controversial solar project favored by the mayor.

None of this bodes well for the progressive movement in San Francisco.

Police showdown today

5

By Tim Redmond

The Board of Supervisors vote today on Sup. Ross Mirkarimi’s legislation requiring city officials to repay the taxpayers for the cost of police security while campaigning out of town is an early skirmish in next year’s budget battles.

The cops really, really don’t want this to pass, and they’re lobbying hard against it. They didn’t even want to release the annual cost of protecting the mayor and other dignitaries. Chief Gascon is treating this whole thing like the CIA’s black-ops budget — secret, untouchable, a matter of national security.

It’s silly: Yes, Mayor Newsom needs police protection; he’s a big-city mayor who supports same-sex marriage and there are all kinds of nuts out there. And San Francisco hosts politicians from all over the world, some of whom are controversial figures; they need security, too. But I don’t see how anyone’s safety is put at risk when the cops release the gross figures for the cost of that security.

And I don’t see how anyone could reasonably argue that when Newsom (or, say, District Attorney Kamala Harris) is out campaigning up and down the state for higher office, that campaign shouldn’t reimburse the city for police protection costs.

Part of what’s going on here, I think, is Gascon testing his political clout. The new chief has a lot of political capital right now, and he’s twisting arms to see if he can get some of the progressive supes to slide his way on this measure. If that happens, it could be an indication that the chief will be twisting the same arms to avoid any cuts to his budget.

Chances are that Newsom will veto the Mirkarimi bill anyway (at which point it may wind up on the ballot — and wouldn’t that be an interesting campaign?). But the breakdown of the vote today will be fascinating.

Campos to Herrera: tell Newsom he’s not a king

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LoiusNewsom.jpg
Louis XIV didn’t exactly have a good rap as king of France. Is Newsom in danger of becoming Louis’ SF equivalent?

Text by Sarah Phelan

‘We may have a strong-mayor system of government, but it is not a monarchy,” writes Sup. David Campos in a Dec. 10 letter to City Attorney Dennis Herrera, sent the day that the Board’s veto-proof civil rights legislation to restore due process to undocumented kids is supposed to kick in—except Mayor Gavin Newsom has said he intends to ignore it.

“Nothing short of unprecedented,” is how Campos describes Newsom’s posture—as he urges Herrera to issue a written legal opinion on whether the mayor has “the authority to unilaterally refuse to implement the duly-enacted civil rights legislation at issue, where such legislation was reviewed and approved as to form by you and your office.”

Will Newsom follow Obama’s sunshine lead?

2

By Tim Redmond

The Obama administration has begun releasing a complete list of White House visitors. It’s pretty cool — who knew that my old friend David Binder, who did some polling work for the Obama campaign, is now hanging out at the White House?

But it raises a question: If the president of the United States is willing to tell us who is visiting what may be the most secure facility in America, why can’t the mayor of San Francisco tell us who’s coming to see him at City Hall?

No such list has ever been released. The mayor’s appointment calendar is sparse and incomplete.

I emailed the mayor’s press spokesperson, Joe Arellano, to ask if Newsom was willing to become as sunshine-friendly as the prez, but no word yet.

Holiday snowjob

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sarah@sfbg.com

Shortly before Thanksgiving, San Francisco city officials announced that the draft environmental impact report for Lennar Corp.’s massive Hunters Point Shipyard-Candlestick Point redevelopment proposal was finally available, and that the public has 45 days — until Dec. 28 — to read and comment on the 4,400-page document.

Envisioned to include more than 10,000 homes (most of them market-rate condos) spread over 708 acres in southeast San Francisco, the project — whose vague outlines city voters affirmed by approving Prop. G in June 2008 — is the centerpiece of the city’s housing strategy for the next 25 years.

At a Nov. 5 presentation, Michael Cohen, Mayor Gavin Newsom’s top economic advisor, told the city’s Planning Commission that the DEIR was a "milestone." But critics warn that this milestone could become a millstone around the city’s neck if it fails to extend the DEIR review period, as a coalition of environmental groups and a state agency are requesting. Cohen did not return repeated calls for this story.

These groups are concerned that the city of San Francisco, Lennar’s partner in this billion-dollar deal, is trying to rush through a controversial project before anyone can review its details. Forty-five days is the minimum required under California Environmental Quality Act guidelines for a project that also needs to be reviewed by state agencies and the groups want the deadline extended to mid-February.

The southeast sector has historically been home to low-income communities of color, and fears are running high that this project will continue the destructive, gentrifying legacy of the San Francisco Redevelopment Agency, which shares lead agency responsibilities for this project with the Planning Department.

After Redevelopment Agency projects in Western Addition and Yerba Buena displaced much of San Francisco’s African American population, there is concern that if this project isn’t carefully considered, it could finish the job in the remaining parts of town with significant black populations: Bayview and Hunters Point, which are both in the plan area.

"People would have to read 130-plus pages per day since the DEIR’s release to complete it by the first public hearing," said Kristine Enea, who sits on the board of the India Basin Neighborhood Association and is a candidate in the 2010 race to replace termed-out District 10 Sup. Sophie Maxwell.

Downloadable at the Planning Department’s Web site, the Shipyard-Candlestick DEIR envisions an influx of 24,465 new residents and the possible building of a new 49ers stadium on a site that is radiologically contaminated, seismically vulnerable, and will undoubtedly be adversely affected by climate change-induced sea level rise.

As such, it requires significant chunks of time to digest and comment on — something folks are urged to do at two public hearings in mid-December or in writing by Dec. 28.

"The timeline is incredibly short," Arc Ecology’s executive director Saul Bloom told us. So a coalition that includes Bloom, Enea, Arc Ecology, the Urban Strategies Council, the Sierra Club, the California Native Plant Society, and the Potrero Hill Democratic Club is urging Mayor Gavin Newsom to extend the DEIR public review period to 90 days.

"We believe that a public review period totaling 90 days ending on Feb. 12, 2010 is necessary and of appropriate length for the public and our organizations to review, discuss, and comment on this complicated tome," the coalition wrote in a Dec. 7 letter.

Also seeking a time extension is the San Francisco Bay Conservation and Development Commission (BCDC), a state agency charged with reviewing large projects that may impact the bay, although the agency did sign onto the coalition’s letter. BCDC studies project that much of the project area could be inundated with rising water levels caused by global warming.

Technically, the lead agencies have the authority to extend EIR comment periods, but because they are controlled by mayoral appointees, the coalition is appealing to Newsom. The coalition letter notes that the project will nearly double the population of Bayview-Hunters Point, and that the newly released DEIR was nearly two years in the making.

"The city’s project staff reasonably took the time to provide what in their opinion is an adequate review of the project," the coalition wrote. "The public similarly deserves 12 weeks to examine and comment on your work."

City officials have been patient with Lennar, recently granting the company a six-month delay in construction of housing at Phase 1 of the development, which sits at Parcel A of the shipyard. As a result, construction for Phase 2 is not expected to start until 2015 and continue until about 2035.

So coalition members say at 45-day delay isn’t asking much. The letter makes clear that the coalition isn’t opposed to the project or Newsom’s administration, but that its members expect "public engagement and transparency in government."

"It is our view that a 45-day public review period for a document as complex and lengthy as the DEIR is simply inadequate under any circumstances," the coalition wrote, adding that the document’s release over the Thanksgiving, Christmas, Kwanza, and Hanukkah holidays is "particularly troubling." By contrast, Santa Clara Countyoffered an extended comment period for its DEIR on its proposed new 49ers stadium.

"By releasing a six volume, 4,400 page document a week and a half before Thanksgiving, you have demanded that the public and community based organizations choose between civic duty, prearranged vacation time, and obligations to family and faith," the coalition wrote, noting that the city effectively shortened even this prep time to 25 days by holding public hearings one month after the DEIR’s release.

Unlike Prop. G or previous discussion about Phase 1 of the project, the coalition reminded Newsom that an EIR is an administrative decision document, and the DEIR is the part of the approval process where ideas become concrete plans to be approved in a lawful process. "Transparency in government is not just a matter of letting the public see information," the coalition observe in the letter. "The capacity to act on what one sees is critical to transparency and the length of the look has a direct effect on the quality of observation."

Or as Bloom warned the Guardian, the current 45-day review period will likely result in a polarized dialogue. "It will lead to the squeezing out of any of the middle-of-the road perspective from folks who are not opposed to development but think the proposed project could be better," Bloom warned. "And if that happens, no modifications will be possible."

The DEIR will be the subject of two public hearings: Dec. 15 at 4 p.m. in City Hall Room 416 by the Redevelopment Agency and Dec. 17 at 1:30 p.m. in City Hall Room 400 by the Planning Commission.

Empty threats

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sarah@sfbg.com

A controversial change to San Francisco’s sanctuary city policy — requiring due process to play out before city officials turn arrested undocumented immigrant minors over to federal authorities — officially becomes city law this week. But its implementation is still in limbo.

Last month, the Board of Supervisors voted 8-3 to override a veto of the legislation by Mayor Gavin Newsom, who says he won’t implement it anyway because he thinks it violates federal law. Authored by Sup. David Campos, the legislation goes into effect Dec. 10, and the city’s Juvenile Probation Department has 60 days to implement it, meaning the new policy kicks in Feb. 8.

City Attorney Dennis Herrera sought assurances from Joe Russoniello, the US Attorney for Northern California, that he wouldn’t prosecute local officials who follow the amended sanctuary city policy, as Russoniello had intimated to reporters. Russoniello refused to do so.

"I have no authority, discretionary or otherwise, to grant amnesty from federal prosecution to anyone who follows the protocol set out in the referenced ordinance," Russoniello wrote in a Dec. 3 letter.

But as UC Davis law professor Bill Ong Hing said Russoniello hasn’t cited any case law to support his position that following the ordinance could amount to harboring a fugitive from justice.

"It’s no more than hot air," Hing wrote Dec. 4 in a San Francisco Immigrant Rights Defense Coalition Dec. 4 press release. "While Russoniello has been vocally opposed to San Francisco’s pro-immigrant policies for two decades now, nothing will come of his empty threats…There has never been a federal prosecution anywhere in the country against city officials for following sanctuary ordinances."

In fact, it’s possible that Russoniello — a holdover appointee by President George W. Bush — won’t even get the opportunity."

The legal newspaper The Recorder reported Dec. 4 that the Obama administration is close to announcing Melinda Haag, a former federal prosecutor, as Russoniello’s replacement.

"Recently the Justice Department informed Russoniello that he could not hire any more personnel for the office, multiple sources said, which could suggest a choice for his successor is coming soon," the article stated, although it also noted that FBI background checks have yet to be completed. "So even if a successor is chosen soon, it would be several weeks before a name is submitted to the U.S. Senate, much less confirmed."

Despite Newsom’s public statements that he won’t enforce the new law, City Attorney’s Office spokesperson Matt Dorsey recently assured a group of civil rights advocates that Newsom’s comments have "no legal effect," and that Herrera intends to vigorously defend the new sanctuary law.

Representatives of 70 community groups last week showed up at the office to urge Herrera to enforce the law. "Hundreds of community members and community organizations poured our hearts into the democratic process for over a year," Cynthia Muñoz-Ramos of the St. Peter’s Housing Committee told Dorsey. " We worked hard to pass a policy to restore due process rights to undocumented youth. Our city officials must be open and accountable to us. City Attorney Herrera should advise the mayor that he cannot refuse to implement the due process policy. It’s past time to restore due process rights for all of our city’s youth. Justice delayed is justice denied."

After the meeting, Muñoz and more than a dozen community advocates told us they were frustrated by Newsom’s stance and that innocent kids were already being ripped from their families, creating deep-seated fear within the immigrant community that cooperating with local police could result in racial profiling and referral to the feds.

Angela Chan, staff attorney at the Asian Law Caucus, told us, "We agree with City Attorney Herrera’s stated intention to vigorously defend the duly-enacted, legally sound policy. It is paramount for Herrera to take immediate steps to uphold the law, including advising the mayor that he cannot refuse to implement this law."

Missed buses

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news@sfbg.com

Buses seemed more crowded than usual the weekend of Dec. 5-6 as the San Francisco Municipal Transit Agency implemented what it called "the most significant change in more than 30 years," which altered more than half of Muni routes and upset some frequent riders.

The changes were made to save money, although some routes were beefed up in the process. For example, the 26 Valencia was eliminated because of low ridership, but the 14 lines along nearby Mission Street were expanded with longer operating hours and more stops to compensate for discontinued routes. The 9X, 9AX, and 9BX Bayshore Express lines that go through Chinatown have been reorganized and renumbered 8X, 8AX, and 8BX.

"We have a lot of duplicate service either one or two blocks away from another service," SFMTA Executive Director Nathaniel P. Ford said about the reductions and reorganization at a Dec. 2 press conference.

The new route changes are part of a comprehensive plan to deal with dwindling resources and close a $129 million budget deficit. But it will take time for the changes to yield cost savings. "The actual service we are putting on the street — bus-by-bus, dollar-by-dollar — it’s almost a net zero gain in terms of savings," Ford said.

He said the real savings come from the changes made in the bus operator schedule. The projected annual savings from the operator schedule is calculated to be $3.2 million annually. The key element of the route changes is efficiency. "In this particular case, we have been able to enhance the system and maximize our resources overall," Ford said.

But many riders aren’t happy with the changes, and the transit agency still faces an additional $45 million deficit for this fiscal year, partly because it has yet to move forward with plans to extend parking meter hours (see "We want free parking!" Oct. 28) or pursue other revenue generators.

Upset riders

SFMTA says it deployed about 150 agency employees throughout the city as ambassadors to help riders make sense the route changes. No ambassadors were seen over the weekend when the Guardian went out to check out the changes in Chinatown and the Mission District, although notification signs in English, Spanish, and Chinese were posted.

"We do not want customers waiting for buses, for example, that are not coming," said Julie Kirschbaum, project manager of the Transit Effectiveness Project (TEP), the study on which the route changes were based. "And so we are working very hard to interact with customers."

Not hard enough for those in the Chinese-American community, according to a Nov. 19 Streetsblog San Francisco article. Community advocates report the agency didn’t thoroughly inform Chinatown and Visitacion Valley residents about renumbering the Bayshore Express.

When the Guardian asked Ford about this lack of communication, he said that his agency has tried to work closely with the Chinese-American community and other non-English speaking communities. "I think there’s an opportunity for us to continue the dialogue in terms of our communication and outreach," Ford said. He also expects to receive some "positive and not-so positive" comments in the coming weeks.

Some working-class riders are naturally upset over the discontinued routes, particularly the 26 Valencia. Apartment maintenance worker Norm Cunningham said he "wished they hadn’t" discontinued the 26, because it was less crowded than the 14 Mission, which will bear the brunt of diverted passengers. "Now I have no choice but to take the 14," Cunningham told us.

Fast-food worker Damon Johnson said he has already noticed a change in what he called "one of the more reliable" transit systems, including unnecessary delays. "It’s starting to become unreliable," Johnson said. "Now it’s just like the rest of them." Rider Christina Lowery said Muni is still reliable, but she is bummed out by the fare increases, which this year climbed to $2 a ride. Cunningham fears that eventually the price will go up even more. In fact, monthly passes have spiked to $55, and an additional $5 increase is expected next month.

Ford is aware of the financial burden on passengers and said no further increases are currently being considered to solve the budget crisis. Mayor Gavin Newsom also addressed the issue Dec. 3, telling the Guardian: "I don’t want to see an increase in Muni fares."

Ongoing problem

At the moment, Ford said, SFMTA is "100 percent focused" on the route changes, although the budget crisis is always lurking in the background. "We are working with the MTA board as it relates to potential solutions to that $129 million dollar deficit."

As to the stalled proposal to extend parking meter hours that could bring in more revenue, the discussion is ongoing, Ford said. "We have committed to do some meetings with the business communities, and we will bring all of that back to the MTA board at some juncture in terms of making some decisions to close that budget gap."

But future service cuts and additional route changes are possible as a way of dealing with the "physics of our finances," as Ford put it. "Our budget continues to be a challenge but I think this is a great first step in increasing our ridership for the system by providing better service on those corridors that seem to need more capacity, more frequency."

The silver lining for Ford is that this rollout has forced his agency to take a hard look at streamlining Muni. SFMTA officials expect to make further changes and tweaks to Muni over the next six months. For now, you can visit www.sfmta.com or call 311 to see how your commute is affected.

Pedaling forward

0

steve@sfbg.com

GREEN CITY San Francisco’s top elected and appointed officials made the city a little greener — literally — Dec. 3. And they say the recent removal of restrictions on bicycle-related improvements will make San Francisco a lot greener over the long term.

A festive mood was in the air when officials and activists gathered at the intersection of Oak and Scott streets to paint the city’s first green bike box (marking a safe spot for cyclists to wait in front of cars at intersections) and celebrate the first bike lanes to be created in more than three years.

In the week since Superior Court Judge Peter Busch partially lifted an injunction that had banned all projects mentioned in the city’s Bicycle Plan — the court ruled that they needed to be studied with a full-blown environmental impact report, which the city completed earlier this year, although it has been challenged by another lawsuit set for trial in June 2010 — city crews worked at a blistering pace on bike improvements.

They created three new bike lanes (of the 10 Busch is allowing to move forward before the trial, holding up another 50 for now) and installed barriers between the bike and car lanes on Market Street near 10th Street. "So now we have the first separated bike lane in San Francisco," San Francisco Bicycle Coalition director Leah Shahum told the Guardian, happy over a safety improvement that encourages children and seniors to ride.

The crews also have been installing about five new bike racks and 20 shared traffic lane markings (known as "sharrows") each day. Mayor Gavin Newsom praised the rapid implementation and told the crowd, "You’re going to see more than you’ve seen in years be done in the next few months. The goal is to get from 6 percent of commutes in San Francisco up to 10 percent of all commutes by bicycle — and I think that is imminently achievable in the next few years."

Also on hand were Sups. Ross Mirkarimi, Bevan Dufty, and Sophie Maxwell, Department of Public Works head Ed Reiskin, San Francisco Municipal Transportation Agency (SFMTA) board chair Tom Nolan, and SFMTA director Nat Ford, who declared the goal of making "San Francisco the preeminent city for bicycling in North America."

Mirkarimi, the only elected official to ride a bicycle to the event, told the crowd: "This is a delightful day…. We are all unified in the mission statement of making San Francisco bike-friendly."

Dufty, who chairs the Transportation Authority and pushed for the rapid implementation plan, said, "There’s a really great community here. First, my hat’s off to the Bicycle Coalition and all of their thousands of members who really keep the city honest and keep us moving forward."

Nolan also praised bike activists who pushing his agency to prioritize bike projects and prepare for the end of the injunction: "It was a very effective campaign. You did such a great job at making your case."

While anti-bike activist Rob Anderson, who sued the city along with attorney Mary Miles, regularly derides the "bike nuts" as a vocal minority pushing an unrealistic transportation option, the event showed almost universal support for bicycling at City Hall.

"I can say this is the best relationship we’ve had for years with the advocacy community, with the Bicycle Coalition," Newsom said. "We’ve begun to strike a nice balance where this is not about cars versus bikes. This is about cars and bikes and pedestrians cohabitating in a different mindset."

Bicycling in San Francisco has increased by 53 percent in the last three years, so Shahum said the plan’s projects and the growing legion of bicyclists will help the city in myriad ways in coming years.

"We know we can do this," she said. "We know the climate change goals this city has laid out, the public health goals, the livability goals that the city has laid out, will not be met without shifting more trips to bicycling, walking, and transit. And that’s why this day is so important."

Or as Maxwell said, "This is a great opportunity for San Francisco to finally take its place among world cities that recognize that cars are not the only mode of transportation."

The battle for the DCCC is on

29

By Tim Redmond

The battle over the future of the Democratic Party in San Francisco is underway in earnest. The Building Owners and Managers Association (BOMA), which represents downtown property interests, is holding a forum Dec. 11 to talk about the Democratic County Central Committee — and, perhaps, kick off organizing for a downtown-backed DCCC slate.

The forum is in the board room of the Chamber of Commerce, which is also sponsoring the event.

Mayor Gavin Newsom and the downtown business community have been decidedly unhappy with the state of the panel that controls policy for the local party since a progressive slate led by Aaron Peskin took control in 2008. The DCCC often seems like a political footnote, but it has considerable influence: the committee decides on local party endorsements, putting the stamp of the Democratic Party behind candidates for local office. And the San Francisco Democratic Party slate card has been largely in the progressive camp the past two years.

The BOMA forum will feature two DCCC incumbents, Mary Jung and Scott Wiener, who are both in the moderate-centrist camp. Wiener told me he sees this just as an informational event, “to let people know what the committee does.” He said he knew of no political agenda behind the discussion. (Although, interestingly, Peskin — the chair of the local party — wasn’t invited to speak.)

Ken Cleaveland, BOMA’s director of governmental affairs, also said he was only out to educate his constituents. “Most of the business community doesn’t know what the DCCC does and doesn’t know why it’s important,” he told me. “We need to be aware of the influence it has.”

But he’s certainly not against using the meeting as an organizing platform: “I would love to see a pro-business slate happen,” he said. “The business community hasn’t been as organized as the progressives have in fielding slates.”

We all knew this was coming — but it’s a sign that the progressives will have to mount an even-more-serious campaign to hold onto control of the DCCC against what could be a well-funded assault in June.

Muni cutbacks start this weekend

1

By Steven T. Jones
public_trans_muni.jpg
Before you wait for your usual bus or train this weekend, check here for new changes to Muni routes and schedules. Here’s what I wrote about the changes in this week’s Guardian:

Service reductions that will affect about half of all Muni routes start Dec. 5, the result of San Francisco Municipal Transportation Agency’s early summer deal to close a $129 million budget deficit for the current fiscal year. And that’s just the beginning of the bad news.

Less than halfway through this budget cycle, SFMTA is already looking at an additional $45 million deficit, partly because of the agency’s failure to follow through on plans to increase parking revenue, such as the stalled proposal to extend parking meter hours.

So additional layoffs and Muni service reductions or even another fare hike are possible, even though Muni fares have already doubled to $2 since Gavin Newsom became mayor. SFMTA officials say midyear budget reduction decisions will be made by the SFMTA Board of Directors over the next two months.

Newsom talks about taxes, bikes, and SF’s future

5

By Steven T. Jones
newsombox.jpg
Mayor Gavin Newsom, with Bike Coalition director Leah Shahum and Department of Public Works head Ed Reiskin, helped create new space for bikes yesterday.

As he helped paint San Francisco’s first green “bike box” and celebrate the creation of the first new bicycle lanes in more than three years, Mayor Gavin Newsom yesterday finally seemed to really reengage with the press and public for the first time since his failed gubernatorial campaign and the testy period that followed.

The occasion was right in Newsom’s sweet spot — urban greening and livability initiatives — and the San Francisco Bicycle Coalition actually delayed this scheduled press conference for two days so the mayor could attend after returning from a trip to India. Also in attendance were Sups. Ross Mirkarimi (the only elected official who biked to the event), Bevan Dufty, and Sophie Maxwell, SFMTA director Nat Ford and SFMTA board president Tom Nolan, DPW head Ed Reiskin, and a variety of activists.

I’ll have more on the press conference and San Francisco’s quick pace for making bike improvements in next week’s Guardian, but for now I want to focus on Newsom’s extended conversation with journalists after the main event, which went almost 30 minutes and covered a variety of issues.

Newsom was still combative and petulant at times, and he continues to take a dismissive approach to those who say he must take a more active role in finding new revenue sources. But he took all questions and stayed engaged in the conversation until most of the journalists had peeled away.

And for those who remained, Newsom and Ford ended up announcing some significant news: Clear Channel Communication has failed to exercise its contractual right to create a bike-sharing program for San Francisco – a 50-bike proposal that the Guardian and activists had criticized as more symbolic than significant – and the city is now seeking a new vendor for a bike-sharing program that would include about 2,700 bikes.

Russoniello to Herrera: No Way. Kinda.

5

Text and photos by Sarah Phelan

Russo11a.jpg
The City Attorney’s office has been trying to smoke out Russoniello for weeks on the city’s sanctuary ordinance.

And finally, US Attorney Joe Russoniello has replied in writing to City Attorney Dennis Herrera’s Nov. 10 request that Russoniello provide “reasonable assurance” that his office won’t prosecute local officials who follow the city’s new sanctuary policy.

And it seems that Russoniello’s answer is “no way,” though it’s qualified by conditions that suggest that the feds are only interested in deporting convicted juvenile felons, even as their policies rip innocent kids from their families.

“I have no authority, discretionary or otherwise, to grant amnesty from federal prosecution to anyone who follows the protocol set out in the referenced ordinance,” Russoniello wrote in his Dec. 3 letter to Herrera.

Dorseysmi215.jpg
Meanwhile, a group of community advocates shared their concerns that the sanctuary legislation be duly enacted with City Attorney spokesperson Matt Dorsey (left) today. (See end of this post for further details.)

“We present a case for indictment when there is a reasonable basis for believing that a federal crime has been committed and a conviction can be obtained,” Russoniello wrote, noting that, ”not every case that meets this test is necessarily brought.”

“A number of factors may come into play… including, as you correctly referenced with respect to so-called ‘medical marijuana’ cases, our need to prioritize cases, given our limited resources,” Russoniello stated.

Under the city’s new sanctuary policy, juveniles will get their day in court before being referred to federal immigration authorities in an effort to prevent needless deportations.

This new policy, which takes effect Dec. 10, gives the city’s Juvenile Probation Department 60 days (Feb. 8, 2010) to figure out how to implement the new legislation.

But Mayor Gavin Newsom has said he intends to ignore the policy, claiming it violates federal law, as has Gabe Calvillo, president of the city’s probation officers union. They also cite a federal Grand Jury that Russoniello convened last year to investigate the actions of Juvenile Probation Department officers, who tried to repatriate Honduran teenagers accused of selling drugs, instead of referring them to the feds forl deportation.

conference15.jpg
City Attorney spokesperson Matt Dorsey listens as community advocates express frustration over Newsom’s comments that he intends to ignore the sanctuary legislation, even as Herrera has promised to aggressively defend the policy.

Russoniello has claimed that JPD’s former activities were tantamount to “harboring.” But that procedure was discontinued last year, and it won’t be reinstated, when the city’s amended policy kicks in, in February.

But while Sup. David Campos has repeatedly stated that his sanctuary policy amendments won’t shield anyone found guilty of a felony, Russoniello claims the new policy violates federal law, even as he admits that cases are typically prosecuted by his office in the belief that a conviction can be obtained, and on a priority basis.

Cinthya15.jpg
Dorsey (second right) listens as Cynthia Muñoz-Ramos of the St. Peter’s Housing Committee (far right) requests that Herrera provide the local community with written assurances that the new sanctuary policy will be duly implemented.

Guarded secrets

5

By Rebecca Bowe

mystery box.jpg
How much did the mayor’s security detail cost when he campaigned outside SF? SFPD isn’t telling.

When San Francisco Police Department Assistant Chief Jim Lynch spoke before the Rules Committee this morning, he mentioned that the Police Chief George Gascon was unable to attend because he was at the swearing-in ceremony of Los Angeles’ new police chief.

“Out of curiousity,” Sup. Michela Alioto-Pier asked Lynch, “How many officers went to L.A. with Chief Gascon?” She was referring to his security detail for an event that was clearly unrelated to San Francisco city business.

Lynch replied that he could not say. When pressed whether security had in fact been provided for him by SFPD, he gave the same response. Sorry. Can’t tell you.

It’s the same response that Sup. Ross Mirkarimi received for months when he tried in vain to get the dollar amount for Mayor Gavin Newsom’s security detail for campaign-related events outside city and state borders. According to the SFPD, divulging that information could compromise security tactics.

The discussion at this morning’s Rules Committee focused on legislation authored by Mirkarimi, co-sponsored by Sups. John Avalos, David Campos, and Chris Daly, which would require elected officials to reimburse the city for the cost of “dignitary security” (think bodyguards) when that protection is provided on the campaign trail outside San Francisco.

“It’s not about one elected official,” Mirkarimi noted, while acknowledging that Newsom’s frequent travel had sparked interest in the issue. “It’s about reviewing standard operating procedure,” he said, and creating a system for cost recovery when taxpayer dollars are used to send SFPD forces off to campaign-related events. With the General Fund already in rough shape, Mirkarimi added, “fiscal vigilance is demanded.”

Holiday blues

0

rebeccab@sfbg.com

Ethea Farahkhan lost her city job Nov. 29, when a round of city layoffs impacting front-line workers took effect.
Farahkhan, a woman of color who was an administrative assistant at San Francisco’s Department of Children, Youth and their Families, said she would have a job if it weren’t for Mayor Gavin Newsom’s decision not to spend money approved by the Board of Supervisors to save people from job losses during the holiday season.

The layoffs rippled through city government as DPH employees with seniority exercised “bumping rights” to replace employees like Farahkhan, who was hired three years ago.

“No one’s in a festive mood. We’re concentrating on making mortgages and buying food to put on our table,” Farahkhan told us when we caught up with her Thanksgiving eve. “I know San Francisco is not exempt from the economic crisis,” she added, “but I feel like our mayor is out of touch. He’s never been in this position.”

If DPH layoff had been covered by existing funds and incoming grant money, as directed by a veto-proof, 8-3 vote of the Board of Supervisors on Nov. 24, she said, “I would definitely have a job to go to.” Instead, Mayor Gavin Newsom announced after the board vote that he was refusing to spend the reallocated funding to halt the 478 DPH layoffs and reassignments.

Farahkhan’s union, Service Employees International Union (SEIU) Local 1021, spent months trying to save these jobs, finally winning over the final supervisor needed to overcome a veto, Sup. Sophie Maxwell, shortly before the vote. Then, for the second time in as many months, the head of the executive branch announced that he would simply ignore the legislative branch.

The impasse doesn’t bode well for a city that’s about to wrestle with a record midyear budget deficit again.
In October, Newsom declared that he would ignore the board’s passage of legislation — by the same 8-3 vote that could override a mayoral veto — to prevent deportation of undocumented youth in custody until they are convicted. It was the first of two actions that seemed to answer the question of whether the mayor is willing to work with the supervisors on the toughest problems facing the city.

That was the question raised last summer when the board discussed a budget analyst’s report that Newsom had either cut or refused to spend about $15.6 million of the $37.5 million that supervisors approved in budget add-backs for the 2008-09 fiscal year. With the mayor cutting 42 percent of program funding that the board fought to restore, trust was already eroding.

During budget deliberation, some progressive supervisors unsuccessfully tried to place hundreds of millions of dollars on reserve, which would give the board some leverage to force Newsom to honor his pledge to work with supervisors on midyear budget cuts, but the board ultimately decided not to do so.

The mayor’s latest rejection came after a long, embittered battle with the union. SEIU members resorted to drastic measures — staging protests in traffic intersections, distributing flyers outside Newsom’s PlumpJack restaurants, barging into his office unannounced singing civil-rights era ballads — to pressure the mayor. But neither those media stunts, nor compromise solutions developed by Sups. John Avalos, Bevan Dufty, and Board President David Chiu, could persuade Newsom to go along with revisiting the DPH cuts.

“Mayor Newsom cannot spend funds the city does not have,” Newsom’s press secretary, Joe Arellano, told the Guardian when asked for an explanation. “The board action didn’t provide any new money — it takes dollars already being used to pay other employees’ salaries.”

The money allocated by the board was already destined for salaries and benefits of other DPH employees, but Sups. Avalos, Chris Daly, and Ross Mirkarimi argued that new federal dollars en route to the city via state and federal channels would bring the department budget back into balance. An estimated $34 million in federal funding is expected to flow into city coffers for health services by mid-2010, but Arellano indicated that the mayor intends to use that money to help balance next year’s deficit.

As the city considers midyear slashes to cope with next year’s monstrous $522 million shortfall, the spirit of cooperation that Newsom publicly emphasized at the outset of last year’s budget cycle now seems dead. Chiu told the Guardian that the only way the board was able to achieve a palatable budget back in July was through controversial partnership with the Mayor’s Office. But when supervisors approached Newsom with alternative solutions for restoring the DPH layoffs, “the mayor was not interested in exploring these different options,” Chiu explained.

Now, Chiu said he’s worried by the implications of the mayor’s defiant approach to the board. “We have two branches of government — legislative and executive. Eleven of us are required to set laws for the city, and the mayor is supposed to carry it out. I hope and believe that the mayor would respect the roles of our respective branches,” Chiu said, carefully choosing his words when asked for his perspective on this trend. “I don’t know how we are going to get through next year if we can’t … not just agree to disagree, but figure out where we agree.”

Chiu’s persistent search for common ground stands in contrast to Daly’s more adversarial approach. In July, just before the board signed off on the 2009-10 budget, Daly floated a proposal to place $300 million on reserve — which would require additional board action to spend, thereby giving supervisors some leverage — but it failed to pass.

Daly also proposed a placing a charter amendment on the ballot that would have required the mayor to fund certain board-approved programs that supervisors deemed especially important. But that failed too when only Sups. Mirkarimi, David Campos and Eric Mar supported it. In a recent conversation with the Guardian, Daly indicated that this possibility could be revived. “It doesn’t matter how many supervisors it takes” to pass legislation, Daly said. “[The mayor] wants to govern unilaterally, and that’s not okay.”

As for the mayor’s latest announcement that he wouldn’t spend the money to restore DPH salaries, Daly said it’s not over yet. “There will be meetings. There will be discussions,” he said. “We’re going to move on this.”

At the same time, midyear cuts are speeding through the pipeline. By Dec. 4, city department heads will have to figure out how to slash their current budgets by 4 percent. By Feb. 20, Newsom is asking for plans to cut an additional 20 percent, plus an extra 10 percent in contingency funding in order to address next year’s gaping deficit.

Those “adjustments,” as they’re called in bureaucratic jargon, promise to be painful. As the next city budget squabble comes into focus on the horizon, the question of revenue measures is still out there and isn’t helped by the current acrimony at City Hall.

Progressive supervisors are also moving to tackle spending areas they deem wasteful, such as a surge in high-dollar management salaries or some of the mayor’s pet projects. Newsom is angling for opening the condo conversion floodgates by letting people buy their way out of the lottery system — a one-time moneymaker that progressives find repugnant because it depletes rental-housing stock.

As the city grows more financially anemic, accusations of mismanagement abound. After the board’s vote on DPH cuts, Newsom was quoted in the San Francisco Chronicle saying that progressive supervisors are in a “reality-free zone.”

But Farahkhan and other SEIU employees who are facing layoffs during the holidays believe Newsom is the one who is living on a different planet. “He’s at the top of the pay scale,” Farahkhan said, “and out of touch with everyday working people.”

——-

MUNI CUTS BACK SERVICE

Service reductions that will affect about half of all Muni routes start Dec. 5, the result of San Francisco Municipal Transportation Agency’s early summer deal to close a $129 million budget deficit for the current fiscal year. And that’s just the beginning of the bad news.
Less than halfway through this budget cycle, SFMTA is already looking at an additional $45 million deficit, partly because of the agency’s failure to follow through on plans to increase parking revenue, such as the stalled proposal to extend parking meter hours (see “We want free parking!” Oct. 28).
So additional layoffs and Muni service reductions or even another fare hike are possible, even though Muni fares have already doubled to $2 since Gavin Newsom became mayor. SFMTA officials say midyear budget reduction decisions will be made by the SFMTA Board of Directors over the next two months.
But for now, to find out how this week’s Muni service reductions will affect you, visit www.sfmta.com. (Steven T. Jones)

SF moves quickly on bike improvements

6

By Steven T. Jones
sfbg bike.jpg
The latest bike lane is on Mississippi Street in front of the Guardian Building.

In the week since a judge freed San Francisco to finally do bicycle improvements, city crews have already installed three new bike lanes and dozens of bike racks and shared lanes markings, known as sharrows or bike boxes.

“This is huge. We’re really pleased with the pace the city is moving on. We’re thrilled to see so much on the streets already,” San Francisco Bicycle Coalition director Leah Shahum told us.

The latest lane, still being striped as I write this, is on Mississippi Street, right in front of the Guardian building. Yesterday, crews converted one of two turn lanes at 9th and Howard streets into a bike lane. And on Monday, they created a bike lane on Scott Street through The Wiggle, a route popular with bicyclists.

Tomorrow at 1 p.m., SFBC will hold a press conference at Scott and Oak streets, where city crews are creating one of the new bike boxes (intersection spots where cyclists can safely wait for the light to change) going up around the city. Attendees will include Mayor Gavin Newsom, Sups. Ross Mirkarimi and Bevan Dufty, and SFMTA chief Nat Ford.

“The SFMTA is poised to make San Francisco the pre-eminent city for bicycling in North America,” Ford said in a press release announcing the partial lifting of the three-year-old injunction against new bike projects. “Today’s action by the Superior Court will foster the responsible promotion of bicycling envisioned in the Charter-mandated Transit First policy.”

Alerts

0

alerts@sfbg.com

Wednesday, Dec. 2

Battle for Whiteclay
Attend a screening and discussion of this documentary, which follows Native American activists to Nebraska’s state capitol to end alcohol sales to residents of the Pine Ridge Indian Reservation by stores in the neighboring town of Whiteclay. The film serves as an inside look at the conflict between Native Americans’ rights and state and local governments’.
7:30 p.m., $6 suggested donation
Artists’ Television Access
992 Valencia, SF
(415) 821-6545

Thursday, Dec. 3

Die-in for Bhopal
Join a die-in to commemorate the 25th anniversary of Union Carbide’s (now Dow Chemical) gas tragedy in Bhopal, India. Honor the thousands who died in the tragedy and protest the abandoned chemicals that continue to pollute the groundwater.
Noon, free
Union Square
Powell at Geary, SF
Bhopal.net
Prison Reduction Plan
Michael Bien, lead counsel in Coleman vs. Schwarzenegger, answers questions about the implementation of the California Prison Population Reduction plan. Judges in the case ordered the state to reduce its inmate population because of prison overcrowding. Sponsored by the Californians United for a Responsible Budget (CURB) Coalition.
6 p.m., free
CURB Office
1904 Franklin, # 504, Oakl.
(510) 444-0484

Friday, Dec. 4

Oaktown on wheels
Participate in a community bike ride through Oakland to display, promote, and celebrate healthy transportation. Ride ends at the Art Murmur community street party
6 p.m., free
Meet at Frank Ogawa Plaza
14th and Broadway BART station, Oakl.

Saturday, Dec. 5

Celebrate free clinic opening
Attend opening day of the Mabuhay Health Clinic and its services, a free, student-run community health clinic that aims to reduce health disparities in the SoMa district. The clinic is in partnership with the South of Market Health Center, the Bayanihan Community Center, and UCSF. Sup. Chris Daly and staff from Mayor Gavin Newsom’s office will be present. Also features food and entertainment.
2 p.m., free
Mabuhay Health Clinic
1010 Mission, SF
(415) 336-5277
Backpacks for the people
Help assemble "warm wishes" packs filled with gloves, socks, scarves, and more to be distributed to 4,000 homeless men, women, and children in the Bay Area.
8 a.m., free
Unity in Marin
600 Palm Drive, Novato
(415) 472-0211

Sunday, Dec. 6

Help class-war prisoners
Attend this fundraiser for the Partisan Defense Committee’s Class-War Prisoners Stipend Fund, which helps victims of racist prison and death sentences. Featuring a buffet, door prizes, silent art auction, and more.
3 p.m., $10
Women’s Building
3543 18th St., SF
(510) 839-0852
Fast for our climate
Send a message to the U.N. Conference on Climate Change in Copenhagen that the world needs to make a strong commitment to reduce emissions at this afternoon of fun sans food. Show solidarity with 21 other countries staging hunger strikes.
1 p.m., free
U.N. Plaza
Market at Hyde, SF
(484) 319-1115<0x00A0><cs:5>2<cs:>
Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 255-8762; or e-mail alerts@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Newsom’s Shakespearean indifference

3

By Rebecca Bowe

Here’s what Mayor Gavin Newsom told the Chronicle after yesterday’s 8-3 vote by the Board of Supervisors to temporarily save city workers from the bitter sting of job loss during the holiday season:

“As mayor, I don’t have to spend the money, so this is much ado about nothing.”

He also said the Supes who voted to allocate less than $1.9 million to temporarily preserve the jobs — representing approximately three hundredths of one percent of the city’s total $6.6 billion budget — are living in a “reality-free zone.”

Police seize DJs’ laptops

0

news@sfbg.com

San Francisco Police Department officers have added a controversial tactic to their aggressive raids on house parties (see "Fun under siege," 4/22/09): they’re seizing laptop computers from DJs at the events.

While SFPD officials deny the laptop seizures is a new policy, they admit it has been condoned by Police Chief George Gascón, who took over in August and last month told the Guardian‘s editorial board he wants to make the SFPD more transparent and accountable to the public (see "New coach, new approach," 10/14/09).

"The police chief is aware that officers are being proactive in gathering evidence," Sgt. Lyn Tomioka told the Guardian when asked about a string of laptop seizures by undercover cops over the last 10 months, most of them in cases in which the DJs weren’t even charged with a crime.

Many of the raids have occurred in SoMa, and were spearheaded by undercover officers who penetrated the parties and were followed by uniformed officers. San Francisco Entertainment Commission member Terrance Alan called the crackdown a "disappointing and dangerous trend."

Tomioka said it’s a judgment call for officers to seize laptops as evidence of an illegal party, but Alan said the tactic is a punitive measure that proves nothing: "Taking laptops [is] not necessary to prove the underlying crime, and in many cases damages people’s ability to earn a living."

One of the most recent raids happened on Halloween. It was about 2:30 a.m. and music was pumping out of a warehouse party on Sixth Street. The people throwing the party had hired a doorman, and attendee Eric Dunn was standing in line waiting to get in.

"We were right at the front of the line," Dunn told the Guardian, when, he said, two plainclothes officers drove up on the sidewalk, jumped out of an unmarked car, and rushed up to the doorman. "[The officers] pretty much started demanding entry right away. The doorman was really polite. He basically told them that you have to know somebody to get into the party."

Dunn said the officers waited until an exiting guest opened the door from the inside and then made their move. "One guy barged in, and the other guy followed. They never asked permission or received permission to enter the building," Dunn said.

Inside, the two undercover officers immediately shut down the event. Justin Miller, a DJ at the event, said she remembers it very clearly. "The cops at that point were telling everybody to leave the party, telling me to turn the music off. I turned the music off. Everyone was quietly leaving."

But Miller said it didn’t stop there. One of the undercover officers approached her and asked if she had a laptop. She said she did. "I was a little confused at this point because I didn’t know what my laptop had to do with anything. I was playing CDs." She said she pulled her computer out from underneath a table and unzipped it from a case. The officer then "grabbed it from me."

The undercover police officer — later identified by witnesses and the evidence receipt as Larry Bertrand — instructed Miller to follow him down to the street to get a property receipt for her laptop.

At this point there were uniformed officers on the scene as well. Miller started to cry. "I begged him. I said, ‘This is my livelihood. You’re talking my laptop. This is my livelihood. I hope you realize that.’ He said, ‘This is how you’re going to learn then, I guess.’"

Miller said Bertrand (who did not return Guardian calls for comment) then told her he was "going to take it upon himself to shut down every illegal party in San Francisco."

She said he then opened the trunk of his car, revealing several other laptops. A person at the party pointed out that one of the laptops belonged to a friend of his, and asked if he could get the property receipt for the laptop. Miller said Bertrand turned to the inquiring person and said, "You will never see this laptop again."

She continued: "He then looked at me and said, ‘I’m going to make sure your paperwork gets so tied up that maybe you won’t see this laptop until December, January, February, who knows when.’ I felt so violated."

Miller has been working as a DJ in the Bay Area, under the name DJ Justincredible, for more than 10 years. She says she’s never had any of her equipment confiscated by the police before. But at that party, three DJs had their laptops confiscated, even though none were charged with a crime.

Shortly after the Halloween incident, Miller and the two other DJs who were at the party contacted the Electronic Frontier Foundation, a nonprofit advocacy group specializing in technology and privacy issues. Jennifer Granick, a civil liberties lawyer with EFF, said most people haven’t heard about this because few of these DJs, if any, ever get convicted of a crime.

"DJs and the police department know that sound equipment and laptops are being unlawfully seized. But the public and the courts haven’t heard much about it because every time a DJ asks for a hearing, the cops just give them their property back rather than show up and defend the practice in open court before a judge," she said.

Sean Evans has been working as a DJ in San Francisco, under the name DJ 7, for more than 10 years. He said that over the summer he had his laptop seized by police during an after-hours party in SoMa. He was given no property receipt, and his case was dismissed. But it took him three months to get his computer back.

"To lose our sole means of income, it’s a huge setback. It puts us out of work. In this recession, we’re struggling, and we need our laptops to get by," he said. Evans grew up in the Bay Area and he said has never had anything like this happen to him before.

Granick argued it is illegal for police to seize property without issuing citations or arrests. She also said there are serious privacy issues at stake. "If we were to find out that the police were doing something else with the laptops, like searching through them or copying the data, we would definitely go to court," she said.

SFPD Sgt. Wilfred Williams said he could not say what was currently being done with the laptops. In general, he said, private events that emit "extraordinary amounts of sound" need permits. And if they don’t have the proper permits, he said, property can be seized as evidence, "be it the speakers, be it the laptops, be it a mixer."

Both Tomioka and Williams say the seizures aren’t a new policy. "If you look back in time, laptops haven’t been used for music," Williams said. "There used to be old types of equipment that was taken in the past. But now laptops are being used. So yes, today, laptops [are] being seized."

Entertainment advocates have called on Mayor Gavin Newsom and Gascón to come forward with an explicit policy concerning these raids and seizures. The Mayor’s Office did not respond to Guardian inquiries. Critics of the policy say it’s having a chilling effect on nightlife in San Francisco.

Time for serious budget reform

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EDITORIAL Rahm Emanuel, President Obama’s chief of staff, likes to say that politicians should never let a crisis go to waste — but that’s what happened in San Francisco last summer, when the mayor and the supervisors approved a budget deal that didn’t involve any real structural reform, didn’t solve any long-term problems, and didn’t even last six months.

Now there’s a new crisis, one that, if anything, is worse. Cutting almost a half-billion dollars from the city budget last year was absolutely brutal. But cutting another half-billion, which is what the controller is now talking about, seems almost inconceivable.

It’s time to quit with the patches, quit with the one-time solutions and fee hikes. And with the mayor missing in action, the supervisors simply have to take the lead here and begin working on major systemic changes that shift the way the city is financed and the way money is spent.

The biggest problem with last summer’s deal was the lack of any serious attempt at bringing in new revenue. Newsom and his advisors all said that tax hikes weren’t looking good in the polls and probably wouldn’t get voter approval, but election results around the Bay suggest otherwise: In city after city, voters approved new taxes to fund essential public services.

And Newsom never gave the revenue side of the equation a fighting chance. He never made any personal effort to lobby the three supervisors he had appointed to the board, who were all reluctant to put emergency tax measures on the ballot. He just let the idea die.

And now the city is paying the price. Everyone with any sense knew last summer that the recession wasn’t going to magically end in time to make this budget work. It was clear that property tax and sales tax revenue would drop even further — and that the only way to avoid brutal midyear cuts was to look for new sources of money. Now the mayor and the board have to slice close to $50 million to keep the red ink at bay, and next year’s deficit is pegged at 10 times that much.

The other glaring problem with the mayor’s budget approach is that it sought to cut only from the front lines. But the highest-paid workers, the folks who make way more than $100,000 a year, the management ranks that have become very well staffed in recent years, were largely untouched. And frankly, there are a lot of people in that category who don’t do much of anything that’s essential to the functioning of the city.

During the dot-com boom, when Willie Brown was mayor and the city was awash in cash, the ranks of the politically appointed managers grew dramatically. Some of those folks are still around. Newsom has added his own. And the structure of management and organization in this city has never been a model of efficiency. So if the mayor wants another round of deep cuts — 20 percent from every department — he should start with a management audit of some of the biggest departments and take a hard look at exactly what all those senior employees do all day — and whether their work might be less important than, say, nurse aides who take care of the sick elderly.

As a simple show of good faith, Newsom shouldn’t replace Nate Ballard, the press secretary, or Kevin Ryan, his criminal justice advisor. There are still four other people in the mayor’s press office, more than any mayor in modern history has ever needed. And the city already has a police chief, police commission, district attorney, and sheriff. Why the mayor needs his own criminal justice office is a mystery to us.

There are other policy issues that need to be examined. The current budget shortfall memo from the city controller notes that some departments are already over budget — the Sheriff’s Office, for example, needs an additional $2.7 million dollars. The public defender and the courts need and additional $4.9 million. Why? Well, one reason is the new police chief’s crackdown on drug sales in the Tenderloin — which is packing the jails. "We’re defiantly looking at a lot of new drug cases," Sheriff Mike Hennessey, who has had to open three new housing units to fit all the prisoners, told us. The crackdown may be good public policy (or not) — but there was never any discussion of how much it would cost. And the mayor and the chief never asked the supervisors to authorize adequate spending for it.

So as a matter of policy, the mayor apparently thinks it’s worth $7 million to arrest drug dealers — but not worth $7 million to keep public-health workers who save lives every day on the job. That’s a policy decision that was made arbitrarily — and that kind of discussion needs to happen on a dozen or more fronts.

The mayor told his department heads Nov. 19 to expect 20 percent cuts — and to prepare for as much as 30 percent. But that’s not going to happen across the board. Unless the police stop arresting people, for example, the sheriff won’t be able to cut 20 percent of his budget without letting prisoners go. The mayor won’t take the political heat for cutting that much from cops and fire. So the burden will fall on public health, Muni, human services, recreation and parks, and other smaller departments. And the level of cuts will render those agencies unable to provide basic services.

So let’s be honest: there is simply no way to close a deficit this large without new taxes. That’s just reality, and anyone who denies it is refusing to face facts. San Francisco can’t survive with basic services — like police, fire, and public health — intact on the amount of money the controller projects the city will collect in the next year.

Newsom will be guilty of destroying the entire social service infrastructure in this city if he refuses to push tax hikes. And he’ll be damaging the local economy if he does it piecemeal.

We’ve been clamoring for years for an overhaul of the city’s tax structure, and now there’s a hurricane-force fiscal storm forcing the issue. If Newsom doesn’t announce plans to hold open, public discussions and draft a new tax policy for the city (and we doubt that will happen) then the supervisors must act, now. Board President David Chiu already had a broad-based committee work on tax reform. Now the board needs to begin drafting comprehensive legislation to change the way the city collects money — with the aim of putting a measure on the ballot as early as possible next year.

The goal should be not only to bring in another $250 million (at least) in new revenue, but to shift the tax burden away from small businesses and the poor and middle class and onto the wealthy. A big first step: get rid of the flat business tax and replace it with a progressive gross receipts tax that charges the biggest companies a higher percentage. Other cities have found numerous other ways to raise money — such parcel taxes, which aren’t quite as fair as ad valorem property taxes, but at least tax property owners, who in general are a wealthier class. A properly written utility users tax would hit big companies that use (and sometimes waste) a lot of power. And of course, a tax on income earned in the city — which would cover commuters who use city services but don’t pay city taxes — is among the most progressive ways to bring in new money.

Meanwhile, let’s remember: fee hikes (for Muni rides, for use of city pools and playing fields etc.) are just hidden taxes — on the poor and middle class.

State law makes it hard to raise taxes; any measure would have to go to the voters. But a major tax-reform overhaul that doesn’t just raise a few taxes on a targeted group but makes the entire system more fair for everyone, ought to be a ballot-box winner — particularly if the mayor is willing to raise money and lead the battle to pass it.


In a Nov. 18 interview with Hank Plante, the KCBS political editor, a testy and impatient Newsom ducked specific questions about how he was going to solve the budget shortfall. After saying that he doesn’t read the newspapers (which, frankly, is either a lie or utterly shameful for a big-city mayor, and leaves him looking as ill-informed as former President Ronald Reagan) he simply said the deficit would be "a lot of work."

That’s an understatement — and Newsom needs to do more than sit in his office and whine about the media. He needs to be out in public, addressing the budget crisis — and he needs to let reporters and residents and business people and the supervisors ask questions and get straight answers.

It’s fine to say that at this point, nobody knows how to solve the problem. It’s not okay to say: trust me, I’ll get back to you on that. This is a citywide crisis, and it’s essential that the public feels involved.

This is the biggest crisis since Gavin Newsom took office. It’s time he started acting like it.