Newsom

Budget woes show new political calculus

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By Rebecca Bowe

About 150 labor representatives and health-service providers turned out at last night’s Board of Supervisors meeting to sound off on drastic budget cuts that many said would weaken an already-strained safety net for populations who are most in need. For more than four hours, representatives from homeless-advocacy groups; clinics serving the uninsured, sex workers or other disenfranchised populations; youth organizations that strive to keep kids off the street; labor-union representatives; stressed-out hospital staffers and many others gave the board an earful. The overwhelming majority urged the Board of Supervisors to approve a special election for June 2, which would give voters an opportunity to decide whether to establish new taxes as a way of generating revenue, rather than relying solely on deep cuts to solve the city’s budget woes.

The city is facing a budgetary crisis of unprecedented scale, with a daunting $576 million deficit. When Mayor Gavin Newsom appeared before the supervisors last December to ask for their cooperation in tackling the budget shortfall, he described it as arguably the most daunting crisis the city has seen since the Great Depression. (Newsom was attending the World Economic Forum in Davos, Switzerland yesterday.)

While the members of the board put off the decision as to whether or not to actually hold a special election, they did pass a measure allowing for the option to stay open. With Supervisors Alioto-Pier, Chu and Elsbernd voting no, the board approved an emergency measure to waive regular election procedures that would have prevented the tax measure from being placed on a June 2 ballot.

Nor did the board vote on an amended budget package, which was introduced by Supervisor Chris Daly to counter Mayor Gavin Newsom’s mid-year budget cuts. Daly’s list of alternative cuts targeted management-level positions, mayoral communications staff and funding for the opera, ballet and symphony in an effort to free up funds that could then be diverted to sectors such as public health.

Instead of adopting Daly’s amended list of cuts, supervisors voted 6-5 on a motion — called by Supervisor Sean Elsbernd — to send the whole thing back to the Budget & Finance Committee for a closer look. “All of this needs to be analyzed,” Elsbernd said after questioning a few management-level cuts included in the list. “To push this forward today without total understanding of the impact of each and every one of these — and these are just the ones I’ve caught while sitting here! — God knows what else is in there. I’m just saying, let’s have this fully vetted.” Supervisors Alioto-Pier, Chiu, Chu, Dufty, Elsburnd and Maxwell supported the motion.

That left an interesting and somewhat mixed message about the politics of the new board. Supervisors Dufty and Maxwell, who will be the swing votes on anything that requires a supermajority (to override a mayoral veto) stayed with the progressives on the vote for a June election. But Chiu – elected board president entirely with progressive support – sided with the mayor’s allies and the moderates on the budget re-allocation vote.

We’ll have to see how this new calculus plays out in the next few weeks.

Mom and pop lose their voice

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› rebeccab@sfbg.com

Bank of America and Pacific Gas and Electric Co. are quite the opposite of mom-and-pop operations, yet two of the seven members appointed to San Francisco’s Small Business Commission hail from these corporations, much to the chagrin of true small business leaders.

In a heated e-mail fired off to an assortment of City Hall staffers Jan. 13, Small Business Commissioner Michael O’Connor criticized the Mayor’s Office for diluting the commission — which was set up to go to bat for the little guy — with big business appointees.

Meanwhile, funding for the Small Business Assistance Center was almost eliminated last month by the Board of Supervisors. And a report that was supposed to streamline the unwieldy permitting process for small businesses, which the administration was required to complete under the 2007 measure Proposition I, never materialized.

At a time when small businesses are struggling in the face of a dour economic landscape, strong advocacy on their behalf is needed now more than ever. But even as former Small Business Commissioner David Chiu ascends to the presidency of the Board of Supervisors, small business leaders are decrying their lack of support in City Hall.

The Small Business Commission is a seven-member body composed of three members appointed by the Board of Supervisors and four appointed by Mayor Gavin Newsom. Set up to serve as an advocate for the small business community, the commission was also chartered to oversee the Office of Small Business, a branch of the city’s Office of Economic and Workforce Development.

Last May, the office opened its Small Business Assistance Center, created to lend startups a helping hand with navigating the bureaucratic maze of permits, fees, licenses, and other hoops to be jumped through to legitimately set up shop in the city.

Regina Dick-Endrezzi, acting director of the Office of Small Business and one of four people staffing the center, says there’s a real need for the service. She said that about 99 percent of all San Francisco businesses fall into the category of "small," which she defines as having fewer than 100 employees, making it one of the most important sectors of the city’s economy.

Since the center opened, more than 1,300 small business clients have received assistance there, according to Dick-Endrezzi. Many lack the resources and capital that larger enterprises might have at their disposal, so SBAC case managers act as counselors for people who are trying to get a new business off the ground.

Entrepreneurs have sought help with things like obtaining a permit to open a vegan taco truck, acquiring a license to start a cleaning business, or filing for tax credits for an organic baby food business, to name a few examples. "This is something we really need," Dick-Endrezzi told the Guardian, "and this is something politics shouldn’t get in the way of."

Nonetheless, the center and the commission haven’t been spared from controversy. In December, the Board of Supervisors considered slashing SBAC funding. The $800,000 annual budget was ultimately granted, but it weathered midyear budget cuts of around 10 percent.

Now a new issue of contention has emerged: O’Connor has sounded the alarm that the SBC is becoming weakened by mayoral appointees who represent the large corporate interests that are often quite different from those of small businesses.

The conflict went public at the Jan. 12 SBC meeting when it came time to elect a new vice president. Richard Ventura, who heads a consulting firm and serves as executive director of the downtown-based Hispanic Chamber of Commerce, had just won commissioners’ approval to serve as president. Before a second round of votes were cast, O’Connor — who served as president for two years but declined to try for the post again — voiced his fervent opinion that "an actual small business owner" should be chosen for the other leadership slot.

"I think we need the balance of a small business owner in either the presidency or the vice-presidency position," said O’Connor, who owns the Independent music venue in the Western Addition. "If we have a president and a vice president that both come from downtown, and if three out of the four mayoral appointees on this commission are from downtown, I will be incredibly embarrassed to be on this commission. And I’m sorry, this is nothing personal — I like everybody on this commission — but small business is in a fight for its life, in this building and in City Hall."

Despite his plea, Commissioner Irene Yee Riley — a retired Bank of America executive — was elected. Although not a small business owner, Yee Riley told commissioners that she was qualified to serve as vice president thanks to her "many years of experience working with small business owners as a banker."

"I’m retired, and I have time, so I want to use this opportunity to give back to the community," she added.

Yee Riley won after receiving one vote more than Commissioner Janet Clyde, a bartender and general managing partner of Vesuvio Cafe in North Beach. "I live in the Mission District in a solid working-class neighborhood that is rapidly changing," Clyde told the other commission members during her pitch. "I know the challenges of small businesses operating far from the power and economic center of San Francisco, and I intend to work to recommend their interests … even in this difficult budgetary time."

The following morning, a dismayed O’Connor vented his frustration in an e-mail to mayoral staffers, typing "Small Business Commission … or … Big Business Commission" into the subject line. Installing commissioners with ties to large corporations rather than direct small business experience constitutes "a neutralization of the only real voice small businesses have in San Francisco," he charged.

The most recent mayoral appointee to the SBC was Darlene Chiu (no relation to David Chiu), a spokesperson for PG&E who formerly served as deputy director of communications for the Mayor’s Office. When the Guardian queried the Mayor’s Office last March on what qualifications a PG&E spokesperson brought to the Small Business Commission, Press Secretary Nathan Ballard responded with this statement: "Darlene has first hand knowledge of the challenges facing small businesses in San Francisco. She grew up working in her family’s … retail businesses in Chinatown, managing nine to l5 employees. She will also bring her knowledge of city government and communications to the commission, which will be important to the successful operations and promotion of the assistance center." (See "Newsom to small business: drop dead!" March 18, 2008 Bruce Blog.)

But since her appointment last March, public records show that Chiu has missed four of the monthly meetings. Excessive absenteeism at city commission meetings briefly emerged as an issue in September 2006, prompting Newsom to introduce a new standard with a working goal of 100 percent attendance for commissioners.

Meanwhile, not everyone agrees with O’Connor’s assertion that "San Francisco’s Office of Economic Development seems to believe small business is just an annoying little rock in its shoe."

"The Office of Economic Development is incredibly committed to keeping this commission strong," counters Jennifer Matz, managing deputy director of the Office of Economic and Workforce Development, who played a role in starting the Small Business Assistance Center. "Michael is very disappointed about what happened, but I don’t think it reflects a lack of commitment to small business on the part of the city or the Mayor’s Office."

Matz said the challenge to the SBAC came from the Board of Supervisors — not the Mayor’s Office — when they considered revoking the center’s funding. She also contends that the Small Business Commission’s voting record doesn’t demonstrate a downtown vs. small business split.

From January 2008 to this January, commissioners voted unanimously 34 out of 38 times, the record shows. But it’s on the divisive issues where small and big businesses differ that can have the most impact.

Sup. Chiu served on the Small Business Commission before being elected to the Board of Supervisors. He said commission members usually saw eye-to-eye on most items that came before the commission regardless of whether they were board or mayoral appointees. But for him, the frustration was that "it didn’t feel that either the mayor or the Board of Supervisors were focused on small business."

In his new capacity as board president, he said measures that aid small businesses will be moving up on the list of priorities. For example, he has asked for a hearing on why the report on streamlining small business regulations, which Prop. I required the Office of Small Business to complete by 2007, was never done.

Although doubts about the commitment to small business seemed to be cast on all sides, everyone we spoke with seemed to agree on one point: in these stormy economic times, San Francisco’s small businesses need all the help they can get.

Two reports released in December by the U.S. Bureau of Labor Statistics and Automatic Data Processing (ADP) provide some insight into the challenges facing small businesses nationally. BLS reported that 524,000 jobs were lost during December, bringing the 2008 total to 2.6 million lost jobs — the highest since 1993.

The ADP report showed that 281,000 jobs had been shed from companies with fewer than 50 employees. This signifies a drastic increase in job losses from this sector: between October and November, small businesses cut just 79,000 employees, according to ADP, and between September and October, they let go of 25,000 employees.

"That was the first time since 2002 that small businesses had net job losses," says Scott Hauge, president of Small Business California. What’s frightening, he says, is that the small business sector traditionally acts as an economic stabilizer.

During the battles it the mid-1980s over accelerating downtown office building construction, the Guardian commissioned a study from noted MIT economist David Birch that found that small business accounted for most net job creation in San Francisco, and that catering to corporate demands downtown actually cost the city jobs.

Yet now, with the small business community sometimes serving as a political football tossed between downtown and City Hall, the city’s economic base is in trouble and hoping for help from political leaders who are now contemputf8g deep budget cuts.

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Here’s a list of all the small business commissioners:

Commissioner Darlene Chiu
Occupation: Communications, PG&E
Appointed by: mayor

Commissioner Janet Clyde
Occupation: General managing partner / bartender, Vesuvio Cafe
Appointed by: Board of Supervisors

Commissioner Kathleen Dooley
Occupation: Florist / owner, Columbine Design
Appointed by: Board of Supervisors

Commissioner Gus Murad
Occupation: Owner, Medjool (restaurant) and Elements (hotel)
Appointed by: mayor

Commissioner Michael O’Connor
Occupation: Co-owner, The Independent (music venue)
Appointed by: Board of Supervisors

Commissioner Irene Yee Riley
Occupation: Retired senior vice president and market executive, Bank of America
Appointed by: mayor

Commissioner Richard Ventura
Occumpation: Executive director, San Francisco Hispanic Chamber of Commerce
Appointed by: mayor

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Previous Guardian coverage:

>>Volume 20.02 (PDF) An exclusive Bay Guardian study in 1985 challenges the convention wisdom that downtown development creates jobs. Instead, our study by an MIT economist shows that small business have created virtually all the new jobs in San Francisco since l980.

>>Volume 21.02 (PDF) Our updated study in l986 shows that as highrises have gone up, downtown San Francisco has lost jobs. In fact, all the net new jobs in the city have come from new and small businesses in light industrial areas and the neighborhoods

>>October 1, 2003 (PDF) The Guardian’s small business agenda for San Francisco

Immigrant activists seek Newsom meeting

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› news@sfbg.com

As cops pushed their way through City Hall’s crowded hallways the day after the presidential inauguration, telling immigrant-rights demonstrators to make a clear pathway, a woman pulled her friend closer to the wall.

"Be careful," she said in Spanish. "You don’t want to be detained."

The mostly Latino protesters placed a candle and an invitation to an immigrant rights meeting in front of each supervisor’s door. The event was meant to bid good riddance to George W. Bush and demand policy change from both President Barack Obama and Mayor Gavin Newsom in light of the escautf8g nationwide crackdowns on undocumented immigrants.

Angered by what they see as a lack of local political leadership in the face of federal assaults on San Francisco’s sanctuary city ordinance, the protesters, numbering in the hundreds, sang social justice songs and chanted "Si se puede" before stopping in front of the Mayor’s Office to shout, "Let us in!"

Organized by the San Francisco Immigrant Rights Defense Committee, a coalition of 30 organizations that has been working on an immigrants’ rights platform since last July, the action was intended to place additional pressure on Newsom to meet directly with activists.

Newsom has refused to hold a public meeting with immigrant-rights groups since announcing last summer that the city would contact federal authorities whenever youth suspected of being undocumented are arrested on felony charges. That means even innocent kids, arrested by mistake, could be deported.

Newsom’s abrupt policy shift came on the heels of a series of racially charged San Francisco Chronicle articles that hit newsstands just as he was announcing his intention to run for California governor.

Since then, SFIRDC has organized protests and met individually with nine supervisors to persuade them to uphold the city’s sanctuary ordinance and municipal ID program, and to work to stop Immigration and Customs Enforcement (ICE) raids, police checkpoints, and budget cuts to immigrant community programs.

To date, the four newly elected supervisors — John Avalos, David Campos, David Chiu, and Eric Mar, all direct descendants of immigrant families — along with two returning board members, Sups. Chris Daly and Bevan Dufty, have signed SFIRDC’s pledge.

But while Sup. Sophie Maxwell is said to be open to the idea and Ross Mirkarimi is likely to sign it, Sups. Michela Alioto-Pier, Sean Elsbernd, and Carmen Chu, Newsom’s closest allies on the board, have not.

SFIRDC co-organizer and Asian Law Caucus staff attorney Angela Chan said the coalition hopes Newsom will be receptive to the idea of a Feb. 25 town hall meeting, and that Obama will heed calls to stop raids and suspend detentions and deportations — moves that have increased in frequency locally since Joseph Russoniello was appointed U.S. Attorney for Northern California in December 2007.

"Russoniello’s priorities don’t seem to be in line with the Obama administration," Chan told the Guardian, further noting that the success of SFIRDC’s February 25th meeting, which will be held at the office of St. Peter’s Housing Committee, hinges on the presence of the mayor: If he doesn’t show, the discussion cannot move forward.

San Francisco’s 1989 Sanctuary Ordinance prohibits the use of city funds to enforce federal immigration law, but a 1993 amendment requires the city to report immigrants suspected of felonies to the federal government.

But San Francisco law-enforcement officials chose not to apply that rule to young people — until last summer’s policy shift. Since then, the Juvenile Probation Department has referred an estimated 100 San Francisco youth (who were arrested on suspicion of a crime, but not yet convicted) to ICE. The feds can detain undocumented youth in county jails with adult criminals or transfer them to other facilities, often in other states, without notifying an attorney or a family member.

"We want to narrow the 1993 felony exception to be applied only if a youth has gotten due process and been found to have committed a felony," Chan said.

The city’s crackdown is part of a larger national picture. The amped-up federal campaign against undocumented immigrants, a product of post-9/11 programs, began when ICE was created to replace the Immigration and Naturalization Service in 2003.

"There are victims of domestic violence who will not call the police because they are afraid of their families getting deported," Guillermina Castellano, a domestic worker and activist with Mujeres Unidas and La Raza Central, said at the protest."The main difference between now and before is the scale," said Francisco Ugarte, a lawyer with the Immigrant Legal Education Network. "It’s hard to describe the kind of fear that exists now."

So what are Newsom’s budget plans?

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EDITORIAL In Washington, Rep. Nancy Pelosi — who has never been known as a radical leftist — is proposing that Congress repeal the Bush tax cuts, now, two years before they expire. That would bring $226 billion into the federal till, enough to fund a good part of the stimulus package.

In Sacramento, Democrats are moving toward a special election this spring to allow the voters to approve a tax increase — a move that would prevent disastrous service cuts in this horrible economic climate. Even the Republicans in the state Legislature — about as intransigent a group of people as you’re going to find in public service in America — are actually discussing the possibility that they might accept a tax increase as part of a budget deal.

Political writer David Sirota, blogging on Open Left, argues that a tectonic shift is taking place, that budget fights are "tilting the terms of debate away from Reaganism and toward progressive policy goals."

But not in San Francisco, where Mayor Gavin Newsom refuses to support any sort of new revenue measures this spring. In fact, while the supervisors, labor, and others are working to try to figure out a solution to the budget crisis, Newsom has been out of town, campaigning for governor or galavanting off to Paris and Davos.

We can’t quite figure out what the mayor plans to do about a budget deficit that could reach $500 million. So far we know he thinks the city can get some money by privatizing cab medallions (a dumb idea). We also hear he’s talking about vastly increasing the number of condo conversion permits (an even worse idea that will lead to massive evictions and the end of rent control). Beyond that, he hasn’t offered anything.

We recognize the problems with a spring special election. Passing a tax measure would require a two-thirds majority, a tough threshold under the best of circumstances. The state may call its own special election in May, preempting the city’s chances. The deadlines are tight, and city officials would need to move very quickly to come up with a workable plan in time.

But there are also serious problems with abandoning the idea, or even waiting until November. We’re talking cataclysmic budget cuts here — maybe as many as 1,500 layoffs, massive cutbacks in public health, parks and recreation centers closed, fire stations shut down, police cut back, Muni backsliding into dysfunction, programs for the homeless and needy vanishing as more and more desperate people fill the streets … it won’t be pretty.

We’ve consistently argued that a June special election to raise new tax money is a reasonable option, and the supervisors need to keep it on the table. That means voting on several technical issues Jan. 27 and then moving at full speed to draft the ballot proposals. If circumstances change, the city can always back off and cancel the election.

But the mayor needs to come back to town and start getting engaged with this problem. Before he simply dismisses the June election, he needs to tell us his plan. What alternatives is he offering? What is he proposing to cut? What jobs, what services, will be eliminated?

The same goes for downtown, small business leaders, and the supervisors who oppose tax increases. Tell us — now, in public — what you propose to do about this once-in-a-lifetime crisis. The progressives are at least putting forward plans, imperfect as they may be. Anyone who refuses to support those plans should be required to offer something else.

Who killed Hugues de la Plaza?

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Text by Sarah Phelan

Melissa Nix says she has not seen the report that French investigators recently completed, ruling that her ex-boyfriend Hugues de la Plaza was murdered in his Hayes Valley apartment on Linden Avenue in the wee hours of June 2, 2007

“I was told about it by Hugues’ father, Francois.” Nix said.

But she believes that the SFPD’s suggestion that de la Plaza’s death was a suicide—a suggestion floated out early on in the investigation—is part of a systemic problem that leads all the way back to Mayor Gavin Newsom.

“It was under Mayor Newsom’s guidance and supervision that this happened,” Nix said. “May be there are problems with police workers or the homicide department, but the Mayor has the ability to call upon Chief Heather Fong and her officers any time.”

“Someone has not done their work and I don’t believe it’s the French,” Nix added, claiming that critical forensic evidence went untested for a year, that neighbors were not interviewed in a timely fashion and that vital evidence was not collected.

“I lay the blame not only at the feet of the SFPD, but also at the feet of Gavin Newsom,” Nix said.

Noting that Newsom “incidentally happens to be in Paris right now,” Nix added, “So, what is the Mayor’s priority? Moonlighting as an international celebrity or leading the people of San Francisco?”

Protesting budget cuts at City Hall

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By Steven T. Jones

San Francisco City Hall is packed with people waiting to testify about Mayor Gavin Newsom’s midyear budget cuts and the need for a special election in June for new revenue measures. The Board of Supervisors chamber is filled to capacity, with another few hundred people filling the overflow room in the North Light Court.
Usually, public testimony is taken at the committee level rather than at the full board, but Sup. Chris Daly, who gathered the mayor’s unilateral cuts into his own legislative package, opted to skip the committee and convene the full board as a Committee of the Whole to give the cuts a full public airing.
Labor leaders and community-based groups took the opportunity to turn out their supporters in the hundreds, many wearing the purple shirts of the public employee union SEIU Local 1021, with slogans that include, “Got Public Health?”
Testimony should last for hours. The supervisors should earn their pay today while Newsom does Paris. On the special election proposal, they’ll need eight votes today to move it forward to next week, when the board will discuss what specific measures to place on the ballot.

Editorials: So what are Newsom’s budget plans?

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While the supervisors, labor, and citizens have been working on the unprecedented budget crisis, Newsom has been out of town campaigning for governor or gallivanting off to Paris and Davos, Switzerland. What’s his plan to handle the budget deficit?

This week’s editorial. Scroll down to read Editor’s notes.

EDITORIAL In Washington, Rep. Nancy Pelosi – who has never been known as a radical leftist – is proposing that Congress repeal the Bush tax cuts, now, two years before they expire. That would bring $226 billion into the federal till, enough to fund a good part of the stimulus package.

In Sacramento, Democrats are moving toward a special election this spring to allow the voters to approve a tax increase – a move that would prevent disastrous service cuts in this horrible economic climate. Even the Republicans in the state Legislature – about as intransigent a group of people as you’re going to find in public service in America – are actually discussing the possibility that they might accept a tax increase as part of a budget deal.

Newsom travels while supervisors work

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paris small.jpg
Newsom and his wife with Francois Lacote, “the Father of the TGV.” Photo courtesy of the Mayor’s Office of Communications.
By Steven T. Jones

While the San Francisco Board of Supervisors today wrestles with deep budget cuts and the uphill battle for calling a June special election for new revenue measures, Mayor Gavin Newsom will be wrapping up a five-day trip to Paris and packing up to once again jet over to Davos, Switzerland for the World Economic Forum.
And all this international jet-setting during this time of crisis follows weeks of gallivanting all over California to build support for his long-shot run for governor. This is the same mayor who rejects the June special election because, as press secretary Nate Ballard told us a couple weeks ago, “It’s not fully baked. It will take a citywide coalition (a la Prop A) to win something like this and the coalition just hasn’t been built yet.”
Might I humbly suggest that the reason that coalition (which would require buy-in from the business community, a key Newsom constituency) hasn’t been built yet is that our mayor is more concerned with taking free trips to Europe and moving past San Francisco than he is on running this troubled city.
To be fair, yesterday he did take a ride on France’s high-speed rail, the TGV, and released a statement calling for federal money to help bring California’s version of high-speed rail into the Transbay Terminal, saying, “Including the rail box as part of the terminal construction is necessary for this grand vision to be realized.”
Today, he met with representatives of Velib, Paris’s rent-a-bike program that has 20,000 bikes, as well as some environmental ministers. And he used the occasion to remotely announce plans to start a bike-sharing service here in San Francisco…with a whopping 50 bikes, at a cost of almost $1 million (up to $500,000 to start and $450,000 annually to operate), all going to Clear Channel. And that’s assuming this administration actually follows through on this promise, and finds the money to do so.
“Bike sharing will help connect thousands of residents and commuters to their workplaces and shopping destinations by providing bikes that they can easily borrow,” Newsom said. “This bike sharing pilot project will allow us to test and perfect the bikes and technology that will be used in our citywide network.”
So, while San Francisco may have to shut down environmental programs and social services and anything else that Newsom isn’t using to campaign for governor, at least our celebrity mayor is still out there, somewhere, representing this city.

Obama sunshine, at home

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By Tim Redmond

The Obama policy on open government is really remarkable, and the memo his press secretary sent out goes far beyond what I’ve seen from almost any political official. Check it out:

THE WHITE HOUSE
Office of the Press Secretary

For Immediate Release January 21, 2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Freedom of Information Act

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, “sunlight is said to be the best of disinfectants.” In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.

So I’m wondering: Perhaps the Honorable Gavin Newsom, mayor of San Francisco, should send out a similar memorandum to city agencies. It could say, for example:

The San Francisco Sunshine Ordinance should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.

I asked Nathan Ballard, the mayor’s press secretary, about that, and here’s what he told me. (Those of you have have tangled with the mayor’s office over public records, please hold your puke):

We wholeheartedly agree with the President on this issue. The mayor has
charged my office with handling sunshine requests for the executive branch
of city government, and he has directed us to cooperate swiftly and
comprehensively to all sunshine requests, and to err on the side of
openness.

Coulda fooled me.

I eagerly await the Newsom Sunshine Memo.

Don’t privatize cab permits

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EDITORIAL In tough times, political leaders with no backbone for making hard decisions tend to look for easy, short-term fixes. And Mayor Gavin Newsom’s proposal to auction off taxicab permits to the highest bidder is just that — a quick fix with serious long-term problems. In fact, it amounts to the privatization of a lucrative public asset.

A bit of background: since 1978, when then-Sup. Quentin Kopp authored a measure called Proposition K, San Francisco has issued some 1,500 taxi permits, known as medallions, to working cab drivers. Under Prop. K, the medallions can’t be owned by corporations, and they can’t be bought and sold as speculative commodities. They’re owned by the city, and only people who actually drive cabs for a living can use them.

There’s a logic to that. The permits are valuable — a medallion holder not only has the right to drive a cab, he or she can lease that permit to other drivers for additional shifts. Since a taxi can be on the road 24 hours a day, the lease income is substantial, roughly $30,000 a year. But only active drivers get that benefit; nobody can hold a permit, sit at home (or work another job), and just collect that cash.

The process isn’t perfect. The waiting list for a medallion takes more than 10 years. Some medallion holders cling to their permits long after they should have retired (and thus keep driving when they should no longer be on the road). There’s no process for compensating a permit holder who becomes disabled.

But those are issues that can be addressed. The basic fact is that San Francisco has taken the position that the public benefit — a license to drive a cab for hire — should be given only to those who are using it. Prop. K prevents consolidation of ownership in the industry, prevents speculators from turning medallions into a new form of securities (which worked out so well with mortgages), and gives people who have spent 10 years or more driving a cab a chance to reap the full benefits of their work.

Newsom, however, sees those permits as a gold mine. If the city auctioned them off, they might bring $100,000 apiece. Under Newsom’s plan, much of that money would go to the city, although some would go to current medallion holders.

The plan is full of problems.

For one, it could completely change the cab business in San Francisco, shifting control of the industry away from drivers and giving it to big businesses and investors. Very few working drivers (who are lucky to clear $30,000 a year) could afford to buy permits, particularly at auction. So the first people in the market would be the cab companies, which for years have wanted the right to own and control the medallions. Private investors — wealthy individuals and institutions — would see the permits as an asset likely to appreciate, and would buy up medallions, then seek to raise the lease fees for drivers. The only way drivers could buy permits would be to seek the equivalent of mortgage loans — but the banks that handle that sort of loans typically require 20 percent down, putting many drivers out of the running. Unless, that is, some shadowy characters come along with cash loans — or unless the cab companies handle that payment, thereby getting further control).

Unless medallion ownership is limited to drivers, the entire process will get corrupted. People will drive for a minimal period of time, bid on medallions, then go into another line of work — and keep the medallion. Newsom’s office says he’s going to do that, but there are no details on the plan yet.

Cab drivers in the city talk about the need for security and retirement income. After years of driving with a medallion, they want the right to sell it for a chunk of cash. But under the current system, drivers are — and most of them like being — independent contractors.

Freelance writers, consultants, small business owners, and many others who are self-employed are responsible for their own retirement planning. Why should cab drivers get a special deal from the city?

Privatizing the permits is just a bad idea. Newsom promised last year — in writing — that he wouldn’t seek to change Prop. K. It’s infuriating to see him so quickly break that promise.

The supervisors should reject this proposal.

Preserving historic preservation

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By Tim Redmond

While most of us were glued to the inauguration in Washington, a significant battle has been brewing back at home over the city’s new Historic Preservation Commission. The commission was another of former Sup. Aaron Peskin’s parting gifts to the city, approved on the November 2008 ballot. It strengthens the city’s commitment to historic preservation and could become a powerful force against some of the most mindless acts of developers. It could, for example, have the authority to prevent the demolition of affordable rental housing in the name of pricey condos. It will certainly keep the city from allowing developers to bulldoze landmarks.

The mayor gets to appoint members to the panel, and the Board of Supervisors has to confirm those nominees. Most of the people Gavin Newsom has proposed are decent enough. But preservationists are up in arms over the nomination of Jonathan Perlman.

Perlman is an architect, but his critics say he utterly fails to meet the qualifications for the commission (PDF File). He’s well known in preservationist circles as the developer rep who sought to demolish the Harding Theater. The Harding is a historic building designed by the Reid Brothers. According to the organized, active group of Harding supporters:

the theater remains remarkably intact. In fact, the Harding is the most intact of the Reid Brothers theaters in San Francisco and still appears much as it did in the 1920s. The theater retains original seats and the fire curtain dating to the opening of the theater. The entrance, floor and aisle plan, balcony, proscenium arch, stage, and decorative ceiling remain intact, as well as significant plaster detail. The auditorium is unique in retaining an original sense of place from the “pre-talkie” days.

And yet, Perlman tried to argue that the place has little merit and that it was fine to turn it into condos. He wanted that done without even an environmental impact report. The Planning Commission and the supervisors have refused to go along.

Perlman refers to supporters of the Harding, who include the widely respected SF Heritage, as “obstructionists.” But as preservationist David Tornheim notes, “without the opponents’s ‘obstructionist tactics,’ the developer, with Mr. Perlman’s assistance, would have succeed in demolishing a certified historic building without environmental review.”

Peskin is lobbying against the nomination, which makes sense: Perlman’s record put him directly at odds with the intent of the new commission. The Rules Committee votes on this Jan. 22. It ought to be a no-brainer.

Editorial: Don’t privatize taxicab permits

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Mayor Newsom promised last year in writing that he wouldn’t privatize taxicab permits. It’s infuriating to see him so quickly break that promise.

EDITORIAL In tough times, political leaders with no backbone for making hard decisions tend to look for easy, short-term fixes. And Mayor Gavin Newsom’s proposal to auction off taxicab permits to the highest bidder is just that – a quick fix with serious long-term problems. In fact, it amounts to the privatization of a lucrative public asset.

A bit of background: since 1978, when then-Sup. Quentin Kopp authored a measure called Proposition K, San Francisco has issued some 1,500 taxi permits, known as medallions, to working cab drivers. Under Prop. K, the medallions can’t be owned by corporations, and they can’t be bought and sold as speculative commodities. They’re owned by the city, and only people who actually drive cabs for a living can use them.

There’s a logic to that. The permits are valuable – a medallion holder not only has the right to drive a cab, he or she can lease that permit to other drivers for additional shifts. Since a taxi can be on the road 24 hours a day, the lease income is substantial, roughly $30,000 a year. But only active drivers get that benefit; nobody can hold a permit, sit at home (or work another job), and just collect that cash.
The process isn’t perfect. The waiting list for a medallion takes more than 10 years. Some medallion holders cling to their permits long after they should have retired (and thus keep driving when they should no longer be on the road).

There’s no process for compensating a permit holder who becomes disabled.
But those are issues that can be addressed. The basic fact is that San Francisco has taken the position that the public benefit – a license to drive a cab for hire – should be given only to those who are using it. Prop. K prevents consolidation of ownership in the industry, prevents speculators from turning medallions into a new form of securities (which worked out so well with mortgages), and gives people who have spent 10 years or more driving a cab a chance to reap the full benefits of their work.

Newsom, however, sees those permits as a gold mine. If the city auctioned them off, they might bring $100,000 apiece. Under Newsom’s plan, much of that money would go to the city, although some would go to current medallion holders.

The plan is full of problems. For one, it could completely change the cab business in San Francisco, shifting control of the industry away from drivers and giving it to big businesses and investors. Very few working drivers (who are lucky to clear $30,000 a year) could afford to buy permits, particularly at auction. So the first people in the market would be the cab companies, which for years have wanted the right to own and control the medallions. Private investors – wealthy individuals and institutions – would see the permits as an asset likely to appreciate, and would buy up medallions, then seek to raise the lease fees for drivers.

The only way drivers could buy permits would be to seek the equivalent of mortgage loans – but the banks that handle that sort of loans typically require 20 percent down, putting many drivers out of the running. Unless, that is, some shadowy characters come along with cash loans – or unless the cab companies handle that payment, thereby getting further control).
Unless medallion ownership is limited to drivers, the entire process will get corrupted. People will drive for a minimal period of time, bid on medallions, then go into another line of work – and keep the medallion. Newsom’s office says he’s going to do that, but there are no details on the plan yet.

Cab drivers in the city talk about the need for security and retirement income. After years of driving with a medallion, they want the right to sell it for a chunk of cash. But under the current system, drivers are – and most of them like being – independent contractors.

Freelance writers, consultants, small business owners, and many others who are self-employed are responsible for their own retirement planning. Why should cab drivers get a special deal from the city?
Privatizing the permits is just a bad idea. Newsom promised last year – in writing – that he wouldn’t seek to change Prop. K. It’s infuriating to see him so quickly break that promise.
The supervisors should reject this proposal.<0x00A0>2

Newsom’s flip-flop on taxis

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By Tim Redmond

Mayor Gavin Newsom promised in 2007 not to try to undo the system the city uses for allocating taxi permits. Now, he’s doing exactly the opposite.

In an Ocotber 3, 2007 letter to Nathanial Ford, executive director of the city’s Municipal Transportation Agency, and Heidi Machen, director of the Taxi Commission, Newsom outlined his support for a charter amendment that would allow the merger of the taxi panel and the MTA.

But in the face of concern from cab drivers that the measure would be the end of Prop. K, the 1978 law that allows drivers, and only drivers, to use city cab medallions, Newsom wrote: “We are not supportivei of an effort to merge the Taxi industry unless propert guarantees are made to protect Proposition K.”

The letter was also signed by Sup. Aaron Peskin.

So why is the mayor now proposing a measure to privatize the cab medalions, in directly contradiction to the 1978 policy? Wade Crowfoot, Newsom’s liason on transportation issues, tells me:

The Mayor has suggested exploring how to reform the taxi medallion system while preserving the foundations of Prop K. Such reform would involve auctioning medallions with proceeds directed toward enhancing taxi oversight and improving Muni. Importantly, the Mayor has suggested continuing to allow only working drivers to hold the medallions. This provision we believe is the heart of Proposition K– avoiding the the ‘corporatization’ of the medallions and ensuring that the working men and women who drive the cabs possess the medallions. Under this view, tthe auctions of these medallions would be limited to drivers.

Good to hear that he wants to keep the medallions in the hands of drivers — although that’s going to be hard to do when the permits sell for more than $100,000. But in my mind, he’s missing what’s really the heart of Prop. K — the idea that the valuable permits belong to the city.

Peskin doesn’t like what the mayor is doing, either. “My name is on a letter that says we won’t do this, and now Newsom is going back on his promise,” Peskin told me. “I mean, if Newsom and Peskin were both long out of office and somebody else came along and said I’m taking a new look at this, that’s one thing. But this was a widely circulated promise not even two years ago. You can’t do stuff like this.”

UPDATE: I just reached Judge Quentin Kopp, who as a supervisor in 1978 wrote Prop. K. His comment on the mayor’s position:

“That is absolutely not the heart of Proposition K. The intent of that measure was to treat [medallions] as a public asset, with a fee based on the cost of preparing an application. It’s preposterous to say that the heart of Prop. K is anything but that.”

Brown (Willie Brown!) for governor?

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By Tim Redmond

I don’t think so, not really. The former Assembly speaker and SF mayor has never seen himself as a candidate for statewide office. But check out this missive from publicist and person-about-town Lee Houskeeper:

Tonight at PJ Corkery’s memorial in a room full of the usual San Francisco suspects Joe O’Donahue announced that Willie Brown will run for governor. I saw a smile come over his face. After the wake politico’s Don Solem, Annemarie Conroy, Ed Moose, and Warren Hinckle were buzzing that at no time during or after Da Mayor’s moving eulogy for his ghost writer did Willie deny O’Donahue’s statement. He left quickly without comment. . .

Okay, that’s not much of an announcement. But here’s what it is: A backhanded slap at Mayor Newsom.

Brown, who appointed Newsom to the Board of Supervisors and endorsed him for mayor, could have said: Nah, Gavin’s my guy. He could have said, If Dianne Feinstein doesn’t run, Gavin’s my guy. But no; he just smiled.

As if to say: Given the cast of characters, I wish.

Dufty swings to the right

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Text by Sarah Phelan

Yesterday was the new Board’s first test on two key issues and in both cases, Sup. Bevan Dufty provided Mayor Gavin Newsom with the swing vote he needed.

Dufty’s votes were further evidence that he will likely be swinging increasingly to the right, as the next mayoral race looms on the not too distant horizon.

First, Dufty joined Sups Michela Alioto-Pier, Carmen Chu and Sean Elsbernd, in voting not to override Mayor Gavin Newsom’s veto of legislation that would have required conditional use permits and hearings when housing units are being eliminated.

Then, he joined the mayor’s usual trio of allies to block an appeal by opponents of a mixed-use project at the corner of Valencia and 14th streets. The project includes 36 homes and three stores and is the first big test case of the new Market Octavia Plan. So, even though CU proponents pitched it as being only a case of seven parking spaces, everyone knew it was about a lot more than that.

At issue was the fact that the Planning Commission had decided to waive the plan’s limitation on construction of parking spaces to one space for every two units.

Opponents of the project argued that decreasing automobile dependency and associated harms, including global warming and traffic congestion, require the political will to stick to progressive policies developed over many years.

But Dufty argued that he did not believe this project is “precedent setting” as he went along with the Newsom administration’s top allies on the Board.

To her credit, Sup. Sophie Maxwell joined the progressive voting block on both these issues, despite having lost the Battle for Board President at the hands of the progressive faction. For a moment, we thought she wasn’t going to: Maxwell initially voted not to override Newsom’s veto. But then she rescinded her vote and voted against Newsom. So double kudos go to Maxwell.

It will be interesting to see if planning staff recommend conditional use permits for the Whole Foods on Market and Dolores and a new proposed condo on Market and Buchanan. If they do, then Dufty, who to his credit gave the project sponsor’s attorney David Silverman a hard time for his divide and conquer-style tactics, may find himself having to eat his “not precedent setting” comment.

And despite Dufty’s very public push back against Silverman, Jason Henderson, Vice President of the Hayes Valley Neighborhood Association, feels the D 8 Supervisor ultimately didn’t listen to his own constituents enough.

“Bevan’s giving too much weight to some very loud people who constantly pester him, Henderson said.

Street fighters

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› steve@sfbg.com

StreetsBlog (www.streetsblog.org) isn’t your average blog, but rather a well-funded institution that helped promote and propel a major transformation that has taken place on New York City streets since the site was founded in 2006, sparking rapid and substantial improvements for bicyclists and pedestrians.

In the process, StreetsBlog — which is part of the Livable Streets Network, along with StreetFilms and the StreetsWiki, started by urban cyclist Mark Gordon, founder of the popular file-sharing site LimeWire — developed a loyal following among alternative transportation planners and advocates in cities across the United States.

"There was nothing like it," said Leah Shahum, executive director of the San Francisco Bicycle Coalition. "They put out these inspiring images and really helped people envision better streets."

So when a group of about two dozen of these Bay Area transportation geeks made the trek up to Portland, Ore. last summer for the Towards Carfree Cities International Conference (see "Towards Carfree Cities: wrap-up," Guardian Politics blog), one of their secret goals was to try to lure StreetsBlog to San Francisco.

What began with a long, beer-soaked meeting at a Portland brewpub has turned into substantial new voice in the local media and transportation landscape since StreetsBlog San Francisco (www.sf.streetsblog.org) launched at the start of this year.

"All this really came together in Portland during the Carfree conference," said Aaron Naparstek, executive editor of the three StreetsBlogs (SF, NYC, and Los Angeles) and executive producer of the LivableStreets Network. "The No. 1 reason we decided to open up SF StreetsBlog is because so many people were asking us to do it, particularly from the bike activist community. Most important, we also had a guy with money asking us to do it — [San Francisco bicyclist] Jonathan Weiner … There’s a vibrant activist community that thinks we can be useful and there are people willing to fund the work."

It also dovetailed nicely with the organization’s push to influence the quadrennial federal transportation bill reauthorization that Congress will consider later this year, which environmentalists hope will shift money away from freeway projects. "There was a sense that now is the time to build a nationwide movement," Naparstek said. "The freeway lobby guys are very organized and embedded in all the state [departments of transportation] and it’s tough to counter that. We want to use the Internet to foment a national movement."

StreetsBlog SF has two full-time staffers, editor Bryan Goebel, a San Francisco-based journalist who worked for KCBS) and reporters Matthew Roth, part of the team that started StreetsBlog in New York. StreetsBlog also pays as a contributor longtime local author and activist Chris Carlsson, who was part of the SF crew in Portland.

"I think they have an opportunity to bring close attention to the texture of life on the streets, something print journalism doesn’t do very well," Carlsson said. "It’s about reinhabiting city life."

Shahum said she’s thrilled at the arrival of StreetsBlog, which she says will help local leaders envision a less car-dependent city: "We as advocates are not always so good at helping people visualize what something better looks like."

And that, says Naparstek, is his network’s main strength. "We’ve actually had a lot of success in New York moving these livable streets models forward and we have a lot of best practices to share," he said, noting their network of 175 bloggers in cities around the country and world.

With Mayor Gavin Newsom’s penchant for "best practices"; San Francisco’s experimentation with innovative ideas like market-based parking pricing, congestion fees, Muni reform, and creation of carfree ciclovias; and the imperatives of climate change and the end of the age of oil, activists say this is the ideal time and place the arrival of StreetsBlog.

"There is an interesting convergence of issues that has made it bigger than it might have been," Roth said.

"And in San Francisco, who’s covering these issue besides the Guardian? There is a big need for this," Goebel added. "From a journalists’ point of view, we need to call people on their inconsistencies and not just let leaders govern by press release, which Mayor Gavin Newsom has a tendency to do."

Editor’s Notes

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› tredmond@sfbg.com

I guess Mayor Gavin Newsom really wants to cut the budget. He wants to force city employees (and not just the cops) to accept pay cuts. He wants to lay people off and eliminate services. He wants to solve the budget crisis entirely on his terms — and honestly, it baffles me.

Anyone who runs a public or private enterprise has to make tough decisions and tough choices in tough times. I know that. I’ve had to cut spending and lay people off — and I can tell you, it sucked. It didn’t make me feel like a strong leader or a hard-nosed manager, it just made me sad.

In politics, I guess, there’s some advantage to looking like you can stand up to organized labor and the left. Maybe Newsom thinks he can run for governor as the mayor who refused to raise taxes during a budget crisis. Maybe he, like Gov. Arnold Schwarzenegger, thinks taxes are for girlie men.

But does he really want to preside over the decline of his own signature health care plan? Does he want to be mayor of a city that recovers more slowly from the recession? Does he want to be the environmental leader who cut public transportation funding?

He doesn’t have to do that. There’s another alternative. He can work with the supervisors — and labor, and business, and community activists — and look at ways to bring in some more money. It shouldn’t be that hard a sell, really. The budget gap is huge — Aaron Peskin, who served on the Board of Supervisors for eight years, said before he left office that he’s having a hard time even getting his mind around the monstrosity of the necessary cuts. I’ve been watching local politics for 25 years, and I’ve having a hard time too. We could be looking at eliminating half the discretionary spending in the general fund.

Do people who live and work in this city (including business owners) want to see public health cut by 25 percent? Do they want to see libraries closed, and neighborhood fire stations eliminated, and police stations shut down, and recreation programs that keep kids off the streets eliminated, and the Small Business Assistance Center defunded, and more mentally ill people wandering the streets, and longer waits for more crowded Muni buses? Is this the city we all want to live in?

Or are the wealthier residents and bigger businesses willing to pay just a little bit more each year to keep basic services in place?

If Mayor Newsom, who is still quite popular in town, asked that question, in that fashion, and presented budget cuts that everyone knows are necessary and better oversight and good government programs to let us all know that the money isn’t being wasted, and then promoted a couple of fair and progressive new revenue measures in a June special election, the worst of the bloodbath could be avoided.

I can’t understand why he wants this to be so hard.

The challenges for President Chiu

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EDITORIAL The ascension of Sup. David Chiu to the presidency of the Board of Supervisors gives a relative political newcomer considerable power. It also puts Chiu in position to carry on the legacy of Aaron Peskin and lead the opposition to Mayor Gavin Newsom’s pro-downtown, pro-Pacific Gas and Electric Co. agenda. Chiu, obviously, lacks the experience Peskin brought to the job, so he needs to move carefully at first. But he also needs to show that he’s more than a compromise candidate and that he has the ability to lead the board and promote the progressive agenda.

Let’s remember: Chiu was elected president entirely by the six progressive supervisors. The way the vote went down, five people, including Newsom’s closest allies, stuck together as a solid bloc and repeatedly voted for Sup. Sophie Maxwell. Maxwell had come down to the Guardian office a few days earlier to tell us that she was a solid progressive, but we saw the future of the board playing out when the votes were counted. Maxwell and Sup. Sean Elsbernd, who both have voiced concerns about the prospect of an inexperienced person taking the top job, could have broken with their bloc and voted for Sup. Ross Mirkarimi — that would have put him over the top. But through seven votes, as the progressives moved around trying to find a candidates all six could support, the Newsom Five stuck together. (Of course, if it hadn’t been for Sup. Chris Daly’s ill-conceived antics, Mirkarimi would have been able to get six votes, and we would have had an experienced leader in place).

Although Chiu talks (as he should) about bringing everyone together, he needs to keep in mind from day one that he is now the most visible member of a six-person board majority that can control the agenda and the set the tone for the city — if none of the six starts to drift toward the squishy center.

It’s going to be a rough, brutal year. The mayor has already made clear through his comments that he doesn’t even want to look at new revenue measures; he intends to solve the city’s half-billion-dollar budget crisis with cuts — deep, bloody cuts — alone. Chiu will have to stand up to him, publicly and privately, and make clear that a cuts-only budget isn’t going to fly in San Francisco.

And while Chiu will need some time to develop a leadership style and become familiar with the often-complex workings of the board, he should do a few things right away to show that he’s prepared to take on the difficult tasks ahead:

Support Peskin’s proposal for a special election in June. The proposal to allow the voters to consider raising taxes instead of just cutting is going to need a lot of help and support. The mayor opposes it, and some of his allies may oppose it too. But it’s absolutely crucial that San Francisco refuse to follow the lead of Gov. Arnold Schwarzenegger. It’s crucial that the progressives, while acknowledging that cuts will have to happen, also insist on looking at fair revenue ideas. Chiu needs to take the point on this.

In fact, now that the mayor and his allies on the board have made this a central battleground — and in effect have made this a litmus test for Chiu’s new presidency — it’s even more important that every one of the six progressive supervisors stands up to this challenge.

We’re not sure which of the dozen-odd tax proposals floating around is the right one. But it would be the worst kind of foolishness to take the whole idea off the table.

Put good people on the key committees. The Budget Committee at this point looks good, with Mirkarimi, Sup. John Avalos, and Elsbernd. When that panel expands to five members (and it should, soon) Chiu should make sure that either David Campos or Eric Mar joins the committee, keeping a progressive majority. The Land Use committee will be crucial as the Eastern Neighborhoods plan is implemented; Chiu needs to appoint a progressive chair and majority.

Save LAFCO. The Local Agency Formation Commission is the only board committee that has public power and energy policy as its primary agenda. Budget-cutters (spurred by PG&E, which more than any other company is responsible for the budget crisis) have made LAFCO a target; Chiu needs to make it clear immediately that LAFCO will remain in place, with strong appointments and a chair committed to making community choice aggregation work and pursuing public power as the largest potential new revenue source for the city.

Chiu has promised to work with the mayor, which is fine. But first he needs to show the progressives who elected him that he’s also ready to do battle.

Six aren’t enough

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› news@sfbg.com

The historic Jan. 8 vote electing Sup. David Chiu as president of the Board of Supervisors — rare for its elevation of a freshman to the post and unprecedented for a Chinese American — clearly illustrates the ideological breakdown of the new board.

The six supervisors who claim membership in the progressive movement (Chris Daly, Ross Mirkarimi, David Campos, John Avalos, Eric Mar, and Chiu) gave Chiu the presidency after their efforts to give it to Mirkarimi or Avalos fell short, while the other five supervisors voted for Sup. Sophie Maxwell in each of the seven rounds, refusing to support any of the progressive picks.

But there are limits to what a bare majority of supervisors can do in San Francisco, particularly when the mayor is threatening vetoes and the city is wrestling with a budget deficit of gargantuan proportions. Overriding a mayoral veto or approving some emergency measures requires eight votes.

So the first question is whether Mirkarimi and Daly can come together after their split divided progressives and led to Chiu as a compromise candidate. But the second, more important, question for progressives is whether they can attract swing votes such as Maxwell and Bevan Dufty when the need arises.

The answers to those questions could start coming immediately as supervisors consider proposals to close a looming $575 million budget gap, including the proposal for a special election on revenue measures in June. Mayor Gavin Newsom opposes that election, so the board would have to muster eight votes in the next month to move forward with it.

They might even need more than that. A confidential memo to supervisors and the mayor by the City Attorney’s Office that was obtained by the Guardian sorts out the complex requirements needed to approve new taxes, including the requirement of unanimous board approval to place tax measures that can be passed with a simple majority vote on the ballot this year.

So President Chiu, who pledges to bring his colleagues together, certainly has his work cut out for him.

 

POLITICS AND POLICY

Achieving a unanimous vote on anything significant or controversial seems impossible right now. Mirkarimi is unhappy with Daly for thwarting his presidential ambitions; Maxwell and Dufty are unhappy with progressives for keeping her out of their club; and Chiu must quickly learn his new job during a time of unprecedented turmoil.

Chiu told his colleagues that he was “incredibly humbled” by an election that he didn’t think he’d win, and said that he is “acutely aware that I am new to the institution and the body.” But observers say Chiu’s temperament, intelligence, and connections to both the business community and the progressive movement could serve the city well right now.

“I think Chiu is a great choice. He has the humility that will help him,” outgoing Sup. Jake McGoldrick told the Guardian.

This compromise pick for president was praised by all sides, from the progressive coalition that feted him after the vote at a party at the SoMa club Temple. Rob Black, government affairs director for the San Francisco Chamber of Commerce, told reporters that “David seems to be someone who is very willing to listen and willing to ask questions.”

“We have a progressive supervisor running the board,” Mirkarimi told the Guardian as he walked back to his office following the vote. Or, as Daly told us, “In the end, the progressive coalition stuck together and I’m happy about that.”

Walking back to Room 200 after the vote, Newsom told reporters that Chiu was “an outstanding choice” who represents “a fresh air of progress.” Asked whether he expects to have a better working relationship with Chiu than with outgoing president Aaron Peskin, Newsom replied, “That’s a gross understatement.”

“We’re looking forward to working with the new Board of Supervisors,” Newsom spokesperson Nathan Ballard told the Guardian after the vote. “The mayor has a long relationship with David Chiu. In fact, he was on our short list to be named assessor just a few years ago.”

Yet at the progressive party that night, Chiu sounded like a rock-solid member of that group, promising to help Mirkarimi with police reform, Campos with protecting undocumented city residents, Mar with strengthening city ties to the schools, and Avalos with safeguarding progressive budget priorities.

“I think this is the best outcome we could have,” Mirkarimi told the Guardian shortly after Chiu was elected. “I was the deciding vote that delivered Sup. David Chiu, the first Asian American president of the board. That doesn’t mean that the seasoned experience of Maxwell and myself wasn’t hard to pass by.”

In fact, both Dufty and Maxwell groused about the progressive bloc’s opposition to Maxwell, noting her positions on issues such as public power, affordable housing, and transportation issues. “The people that voted for me did so because they felt I would at least listen to them,” Maxwell told us, expressing frustration at not being accepted “by the board’s progressive clique” which, she noted, “are all males.”

“I think David will be great,” Dufty told the Guardian. “Obviously there was a desire to have someone strongly aligned with the progressive movement. I think it’s a mystery that Sophie isn’t considered part of the progressive movement.”

Progressives are going to have to work at resolving those differences if they are going to play a leadership role in the midyear budget cuts and prevent an expansion of the bloc of five supervisors who stuck with Maxwell and often align with the mayor.

“There has been tension between Ross and myself, but also between Sophie and Ross,” Daly told us. “Sophie is feeling that she might be a progressive, too. And some of the things we do on the board need eight votes. The rift between Ross and I is little. The real question is, when do we get Bevan and Sophie back?”

After fending off a progressive challenger in his reelection bid two years ago, Dufty seemed to move to the left, only to return to Newsom’s centrist faction — which mixes social liberalism with fiscal conservatism — in the last year. He prevented progressives from being able to override a mayoral veto of their decision to cancel $1 million in funding to Newsom’s Community Justice Center. And on Jan. 6, the old board delayed a vote on a mayoral veto of an ordinance that amends the Planning Code to require Conditional Use hearings and permits for any elimination of existing dwelling units through mergers, conversions, or demolitions of residential units, something sought by the tenant groups that are an important part of the progressive coalition.

Those issues, and the thicket that is the budget debate, illustrate what Daly admitted to us last week: “We can’t run this city with six votes.”

 

THE BUDGET MESS

The most pressing problem facing the new board is the budget, which requires $125 million in midyear cuts for the current fiscal year and will be an estimated $575 million out of balance for the fiscal year that begins in June. Chiu’s first move to deal with it — one lauded by progressives — was to name Avalos as budget chair.

“John Avalos has more experience on budget issues than me,” Daly, who chaired the Budget Committee for two years, said of his former board aide. But even Avalos was awestruck by the tsunami of bad budget news hitting the city, telling us, “I was visibly shaken.”

Mirkarimi and Elsbernd, the Budget Committee’s two other current members, also admit they face a daunting task.

“We can’t put a Band-Aid on the problem,” Elsbernd told the board last week. “This is not just about San Francisco now, but about San Francisco 20 years from now. We need to think about the next generation.”

Mirkarimi agrees with Elsbernd, at least in terms of the enormity of the problem.

“We cannot be incrementalist. We can’t dance around the edges,” Mirkarimi told his colleagues, shortly after making the surprise announcement that he’s expecting a child in April with Venezuelan soap opera star Eliana López, who he’s dated since meeting her last year at a Green Party conference in Brazil. Elsbernd and his wife are also expecting their first child.

Progressives strongly argue that such a large budget deficit can’t be closed with spending cuts alone, so one of Peskin’s final acts was to create legislation calling a special election for June 2 and having supervisors hold hearings over the next month to choose from a variety of revenue measures, but Newsom and the business community opposed the move.

“Basically, it’s not fully baked. It will take a citywide coalition (à la Prop. A) to win something like this and the coalition just hasn’t been built yet,” Ballard told the Guardian. Even Mirarimi echoed the sentiment, telling the Guardian, “I’m not opposed to a June election, but you can’t put something on the June ballot that’s half-baked because I doubt we could win in November if we put something half-baked on in June. My preference is that we work harder to create alliances to assure a healthy chance of getting something on the ballot and delivering a victory.”

Yet many progressives and labor leaders say it’s important to bring in new revenue as soon as possible, particularly because the cuts required by the current budget deficit would slash about half the city’s discretionary spending and devastate important initiatives like offering health coverage to all San Franciscans.

“For Healthy San Francisco to survive, the Department of Public Health has to have a minimum level of funding,” said Robert Haaland, a labor representative with the public employee union SEIU Local 1021. “Given the cuts that have been proposed, it’s not going to survive.”

While Peskin was criticized for acting prematurely, the City Attorney’s Office memo indicated that he couldn’t have waited and still allowed supervisors to play the lead role in determining what ended up on the June ballot. The memo was requested by Daly.

“In response to your specific inquiry about maximizing the amount of time a committee could deliberate the underlying measures and ensuring that the Board would have enough time to override a Mayoral veto, the emergency ordinance and the resolution calling for the special election should be introduced today,” the City Attorney’s Office wrote Jan. 6, the day Peskin introduced his revenue package.

Even then, supervisors would need to vote to waive certain election procedures, such as the 30-day hold for proposed ballot measures, and to move expeditiously forward with hearings, selection of the tax measures, and preparation of findings related to the special election and declaration of fiscal emergency.

The City Attorney’s Office wrote that the package needs final approval by Feb. 17. “We recommend that to meet this deadline, the Board adopt the resolution at its January 27 meeting and that the Mayor sign the resolution no earlier than February 2,” they wrote.

But Newsom has indicated that he would veto it, thus requiring eight supervisors to override. “Aaron had the right to do what he did, but in some ways he rushed the discussion, so it’s been a bit rockier than it otherwise might have been,” Dufty told us, noting that he’s still open to supporting a June ballot measure. “There is no way to avoid spending cuts, and we need more revenues and more givebacks from public employees … I think labor is spending a significant amount of time with the mayor, and he’s making a strong effort to work with the board. I’m trying to encourage us all to work together to the maximum extent possible.”

In fact, San Francisco Labor Council director Tim Paulson told the Guardian he couldn’t talk about the tax measures yet because of intense ongoing discussions. Ballard said Newsom might be open to tax measures in November, telling the Guardian, “Ideally we could do it all by streamlining government, reducing spending, etc. But the mayor lives in the real world and so he is open to the possibility of a revenue measure with a broad base of support.”

So, can the new board president help coalesce the broad base of support that he’ll need to avoid cuts that would especially hurt the progressive base of unions, tenants, social service providers, affordable housing activists, and others who believe that government plays an important role in addressing social problems and inequities?

“In light of the global meltdown, national slowdown, local crisis, and largest budget deficit in history, I believe this board understands the importance of unity and working together,” Chiu told his colleagues. “We don’t have time for the politics of personality when we have the highest murder rate in 10 years, when businesses are failing, and the budget deficit grows exponentially.”

Cab fight could be bloody

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By Tim Redmond

So now Mayor Newsom wants to privatize taxi medallions. I get where he’s coming from — selling off the medallions would provide a quick infusion of cash for the city. But it’s the wrong way to raise money.

Right now, the medallions are the property of the city, and they’re available only to active drivers. The drivers who hold medallions, of course, would love to cash in on something they got free. But if the permits go up for auction, the drivers who have been on the waiting list for years will get screwed, the big cab outfits (or their surrogates) will buy up most of the medallions — and a lot of the rest will be bought as speculative investments by wealthy people whose only experience with the industry amounts to occasional rides in a cab when their limo drivers are sick. Cab drivers who actually want to own their permits will have to borrow huge amounts of money (and how many will qualify for $500,000 loans in this market?) and will wind up worse off than they are now.

Making this happen will require a ballot initiative to overturn Prop. K, the 1978 measure that set up the current system. The author of that measure, then-Supervisor and now Judge Quentin Kopp, is likely to mount a major campaign against Newsom’s move.

As a retired judge who still sits on cases, Kopp is limited in his ability to comment on political issues. But when I called him, he did say that when Newsom and Sup. Aaron Peskin were promoting a charter amendment that merged the Taxi Commission into the MTA, “each of them assured me that the intent was not to alter the current system of permit issuance and the requirements for maintenance of a permit.”

He added: “This would require a ballot measure to amend Prop. K, and I reserve the notion of taking a leave of absence for the purpose of assuring the defeat of any such a proposal. If that occurs, it will be consistent with my historical ballot measure activity.”

There’s some dispute about whether the city can implement this without going back to the ballot — the mayor clearly thinks he can. But Kopp could probably create a referendum campaign to undo what Newsom does anyway.

And Kopp will raise significant money and muster the significant political forces still at his disposal to fight Newsom — and knowing Kopp, it will be epic.

Editorial: The challenges for Board President Chiu

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Editorial in Wednesday Guardian: Chiu will have to stand up to Mayor Newsom, publicly and privately, and make clear that a cuts only budget isn’t going to fly in San Francisco.

Editor’s notes by Tim Redmond: (Scroll all the way down): Are the wealthy residents and big businesses willing to pay just a little more each year to keep basic services in place in San Francisco? The worst of the bloodbath can be avoided with a couple of fair and progressive new revenue measures on the special election ballot in June.

(Sup. Chris Daly responds and comments in the comment section.

Read advance copies of both this week’s Editorial and Editors Notes after the jump.

Will supervisors support SF’s parking policies?

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By Steven T. Jones

The new San Francisco Board of Supervisors holds its first regular meeting today, following last week’s big leadership vote. The agenda is pretty sparse, but there are two items that will be a big test of the board’s progressive leadership and values.
The first is a veto override on legislation requiring conditional use permits and hearings when housing units are being eliminated. Given that existing units are always the most valuable, this vote will gauge how much support tenants and affordable housing advocates have on the new board – particularly with the potential swing votes of Bevan Dufty and Sophie Maxwell, who the progressive majority would need to override the veto.
The second is an appeal by opponents of a mixed-use project at the corner of Valencia and 14th streets, which includes 36 homes and three stores. It’s the first big project under the new Market Octavia Plan, and the Planning Commission decided to waive the plan’s limitation on construction of parking spaces to one space for every two units.
Parking, and its connection to the city’s Transit First policy, has long been a bone of contention between progressives and the driver-friendly Newsom Administration. But opponents of this project variance rightfully say that decreasing automobile dependency – and all its associated harm, from global warming to traffic congestion – requires the political will to stick to progressive policies developed over many years.
Today’s vote will test the board’s resolve.

Avalos is Budget Committee chair

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Photo by Luke Thomas
“Mr. Mayor, it’s great to see you in Chambers. We need to have your cooperation,” Sup. John Avalos (far right) tells Newsom (second from right), as newly elected Board President David Chiu (second from left) and Clerk of the Board Angela Cavillo (far left) look on.

Text by Sarah Phelan
Newly sworn-in Supervisor John Avalos told the Guardian yesterday that he had asked to be on the board’s powerful Budget and Finance Committee and would happy to be its chair.

And now comes news that Avalos, who represents the predominantly working class District 11, has got his wish.

Avalos, who was sworn in yesterday by newly elected Board President David Chiu, will take over as the Budget and Finance Committee chair from termed-out Sup. Jake McGoldrick.

The move comes as the City faces its worst budget deficit since the Depression.

But though Avalos is a first-time supervisor, he already has a deep and broad understanding of the City’s budget process, knowledge that he gleaned while working as Sup. Chris Daly’s legislative analyst for the past three years.

“John Avalos has more experience of budget issues than me,” Daly told me yesterday, outside the Board Chambers, after the inaugural meeting was over. “Because while I was in there (Daly gesticulates towards the Board chambers) listening to endless hours of public comment, John, as my legislative analyst was meeting with the Controller and the Budget Analyst and all the other people involved in the budget process.”

But even Avalos is awestruck by the tsunami of bad financial news that has hit the City.

“I was visibly shaken” Avalos told me of his reaction during in a recent meeting about the City’s budgetary woes.

Avalos’ appointment as chair means that he can get on with advancing measures related to the city’s staggering $576 million deficit. These include holding hearings about legislation that former Board President Aaron Peskin’s introduced earlier this week, on his penultimate day on the job.

That legislation proposes a special election in June, so voters can weigh in on a number of proposed, but as yet-to-be finalized revenue generating measures.

Avalos will also oversee hearings on $125 million in midyear budget cuts, including Peskin’s proposal to get rid of the Small Business Assistance Center and cut ballet, symphony and opera funding in half.

Peskin’s going-way gift

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By Tim Redmond

Aaron Peskin, who has generally been a good Board of Supervisors president, gave the city a nice going-away present at his last meeting, moving to call a special election in June to look for ways to raise new revenue.

It’s got the mayor’s panties all in a wad:

Mayoral press secretary Nathan Ballard said Newsom is in the middle of sensitive negotiations with labor and business leaders that could result in broad support for any cost-cutting or revenue-raising measures, but that Peskin’s legislation “threw a money-wrench into the plan.”

In other words, Gavin Newsom wants to squeeze labor for every penny he can get, and cut as much as possible out of the city budget — and the prospect that all that blood on the floor might not be necessary, that there’s actually a chance of bringing in new revenue, screws up all of his plans.

Too bad. There’s no way to cut $500 million out of the city budget without losing very essential services. Peskin did the right thing; at the very least, new revenue ought to be part of the budget discussions.

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