Opinion

Ideas that work: a plan for a new San Francisco

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OPINION San Francisco is a city of tremendous riches and problems — a locus of wealth, inequality, innovation, creativity, and sometimes stifling resistance by political and economic power brokers. It’s time to break through. We have the ability, and opportunity, to create a whole new set of economic, social, and political relationships between people and government. On everything from municipal banking, to Muni reform, to public-controlled sustainable energy production and community-driven budgeting, we have a flood of ideas from thinkers and activists across the city.

The Aug. 14-15 Community Congress at the University of San Francisco will focus on turning those ideas into a political platform the city can implement. Last week, we described the vision; this week, we offer some proposals that will be discussed at the event; following the event, others will be posted at sfbg.com.

The event runs Aug. 14 from 9 a.m.–5 p.m. and Aug. 15 from 9 a.m.–1 p.m. at USF’s McLaren Conference Center. For information, go to www.sfsummitcongress.wordpress.com. (Karl Beitel and Christopher Cook)

1. A MUNICIPAL BANK


San Francisco is rich — it has $16.1 billion in assets, with a net worth of $6.5 billion, according to the city treasurer. With a little maneuvering and political will, roughly a half-billion of that money could be devoted to creating a municipal bank: a fiscally solvent, federally insured economic engine that would invest in community development projects serving underfunded activities and endeavors, providing significant economic and social benefits to the residents of San Francisco.

With its own public bank, San Francisco could begin to fund and promote more community-centered forms of economic development. Worker co-ops, for instance, could get loans for projects that are socially beneficial and economically viable. The bank could also help generate new homegrown industries that produce both revenue and social value to the city. This would help democratize the city economy, giving financial muscle to community-based projects and neighborhood-serving businesses.

Over a period of three to five years, a modest portion of the city’s liquid investments can be transferred to create to the new bank. The bank could use this pool of capital to extend low-interest, long-term loans for projects located in San Francisco. The bank would offer a full spectrum of retail banking services, such as money market accounts, to attract additional deposits to supplement funds from the city.

A municipal bank has potential to grow into a major economic force in the city for financing community-centered development. With the right up-front commitment from the city, the total asset portfolio of loans and other investments would grow far beyond this initial public investment — representing a significant infusion of loan capital into currently underserved segments of the credit market in San Francisco.

The municipal bank would be a member-owned, federally chartered, and federally insured credit union. It would engage in rigorous vetting of loan applicants. But because the bank would not run as a profit-maximizing enterprise, loan officers would explicitly consider projects in light of their economic viability and potential contribution to the economic, social, and cultural well being of San Francisco.

Priority could, for instance, be given to loans for affordable housing development and community economic development. In particular, the bank could prioritize businesses and enterprises that represent alternative models of ownership such as worker co-ops and worker collectives, and smaller, community-serving, locally-based, social enterprise-type businesses.

To ensure that the bank’s lending activities reflect the need for more democratic modes of credit and finance, governance and oversight could include representation from social groups and constituents normally excluded from corporate governance. The bank’s member-owners would elect the board of directors.

Municipal bank funds would be completely separate from the city’s general fund, with strict firewalls imposed to assure that lending activities do not become intermingled in any way with the annual appropriations process.

By creating its own bank, San Francisco would be a national model for community-based development and economic democracy. It would be a national first, and has the potential to transform how cities think about local economic development. (Beitel)

2. HOUSING SAN FRANCISCO


Since the beginning of the dot-com boom, San Francisco has seen displacement of low-income families from rent-controlled housing in alarming numbers. Much of this displacement has been happening through conversion of small residential apartment buildings (between four and 12 units) into tenancy in common units. Small-site displacement tends to target seniors, disabled people, and working class families — and many of the units that were converted were, under rent control, de facto affordable housing.

In addition, over the past 15 years the city has lost 4,370 units due to Ellis Act evictions. At the same time, the city’s housing production model favors larger projects because of the economies of scale possible for new construction of big projects, with 70 or more units. While these projects are important in adding to the city’s affordable housing stock, sites to accommodate giant developments are in short supply.

So how do we address San Francisco’s chronic affordable housing crisis. First, stabilize low-income communities and preserve diverse neighborhoods by encouraging the city to invest in developing a small sites acquisition and rehabilitation program that could help nonprofits take over and operate affordable rental housing for low-income tenants. That property could also be converted to limited equity housing cooperatives and community land trust properties.

Next, the city should ban all TICs from becoming condos. The city can give landlords and speculators a choice: If you want your property to be eligible for condo conversion, with all the economic benefits that come with that designation, then you need to follow the process and abide by tenant protections in the condo law. If you want to ignore the condo law, then you’re stuck with a TIC.

To further protect renters, prior to sale of a renter-occupied unit, the city could require the owner to offer tenants the right to buy the unit, at a price based on the last best offer from a bona fide purchaser.

The Rent Board also needs reform. The panel, which oversees rent increases, consists of five members: two landlords, two tenants, and one homeowner. All are appointed by the mayor. We suggest three tenants, two landlords, and two homeowners — with the appointments split between the mayor and the supervisors.

There also must be a permanent, local source of funding for affordable housing development. A progressive increase in the real estate transfer tax could generate $45 million annually.

We further support Sup. Ross Mirkarimi’s proposed legislation that would protect resident’s rights during relocation and ensure their right to return to buildings that have been redeveloped. (Amy Beinart and the Council of Community Housing Organizations)

3. THE CRISIS IN CARE


More than any other American city, San Francisco relies on a network of faith- and community-based nonprofits to deliver critical health and human services to its poorest and sickest residents. More than 15,000 people are employed in this sector, which had a total budget of almost $800 million in 2000.

Health and human service nonprofits play a significant role in providing a substantial portion of the city’s services for seniors, people with AIDS, the homeless, children and youth, people with special physical and mental needs, and those who suffer from substance abuse.

Yet this critical sector finds itself bearing the brunt of cuts and reduction in services caused by the fiscal crisis facing San Francisco.

So what can we do? Here are seven suggestions.

First, conduct a coordinated citywide health and human services needs assessment driven by neighborhoods and communities.

Second, working with service users, service providers, and city employees, create a 10-year plan for health and human services that can guide yearly budget considerations.

Third, as the city implements the 2009 ballot measure that calls for a two-year budget cycle informed by five-year financial plans, require department heads and commissions to include the perspective of professional service providers and service users, including a standards analysis plan and a narrative about the impact on services.

Fourth, open a dialogue with the foundation community on addressing the changing needs of the nonprofit human services community, including community needs, accountability, and funding cycles.

Fifth, depoliticize the request-for-proposals (RFP) process by moving it out of city departments and into the Controller’s Office.

Sixth, require city departments that contract with nonprofit health and human service providers to complete their implementation of the recommendations to streamline the city’s contracting and monitoring processes approved by the 2003 City Nonprofit Contracting Task Force, and ensure that current procedures and processes are consistent with those recommendations.

And seventh, preserve services for the most vulnerable San Franciscans by focusing on revenue solutions to the city’s ongoing structural budget deficit, including November 2010 campaigns to increase the hotel tax and the real property transfer tax. (Debbi Lerman, Human Services Network)

4. BUILDING WORKER COOPERATIVES


Although these are hard times, there’s an opportunity for San Francisco to realize a new model of economic sustainability — by supporting worker cooperatives.

The worker cooperative model is a business form well-suited to the diverse needs of urban areas and is already viable in a broad variety of sectors including manufacturing, service, and retail. A key aspect of worker cooperative development is that its goal is not just the creation of jobs; it’s also about making business ownership accessible.

An inspiring new model of economic development is currently taking place with the Evergreen Cooperatives in Cleveland. In an ambitious effort, anchor institutions such as the local universities, hospitals, and the City of Cleveland have established procurement agreements with developing worker cooperatives rooted in the struggling urban communities of Cleveland (where unemployment rates are as high as 25 percent). The goal is to redirect the estimated $3 billion that these anchor institutions spend on goods and services toward worker cooperatives in the communities where these institutions are located. The first two business models underway are a commercial laundry service and a solar installation company.

There’s also a lot of inspiring work already being done by the worker cooperative community in the Bay Area. The Arizmendi Association continues to develop new worker-owned bakeries despite the economic recession. This fall, Arizmendi will launch its second SF location in the Mission District, creating new jobs and opportunities for local residents to have ownership over their work. Rainbow Grocery and Other Avenues are two extremely successful, long-lasting worker-owned grocery stores in San Francisco.

The city ought to officially recognize the worker cooperative model as both viable and preferable, and include it in the city’s various efforts of economic development. And city officials should take a leadership role in reimagining what a vibrant economy could look like and begin to promote worker cooperatives as central to that vision. (Poonam Whabi, Rick Simon, Steve Rice, Inno Nagara, and Nadia Khastagir)

Schoolyard bully

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news@sfbg.com

The San Francisco Unified District is facing scrutiny over its decision to move a charter high school into Horace Mann Middle School for the 2010-11 school year. Parents and teachers at Horace Mann and even members of the Board of Education were not informed of this decision until it was finalized last month, sparking questions about how this decision could have been made without communicating to all the parties involved.

This is the third time in recent years that the district has moved charter schools into public school facilities without notifying employees and parents before a decision is reached. In 2008, the district decided to relocate Excelsior Middle School to International Studies Academy High School, notifying parents of the move just months before the school year started. The charter school City Arts and Technology took over Excelsior’s site and was notified of the move a month before Excelsior parents.

In another case from 2008, district officials made a decision to co-locate Denman Middle School with Leadership High Charter School, again without informing the community of its decision until it was finalized. Now the charter school Metro Arts and Technology High School is moving from Burton High School in the Bayview District to Horace Mann in the Mission.

San Francisco Board of Education member Jill Wynns didn’t know about Metro’s move until parents brought up the issue at the June meeting. She said it’s hard to let the community know about impending decisions because balancing community involvement and trying to avoid “public hysteria” is a difficult task. “Our commitment is to involve the community, but they are not allowed to make the decisions,” Wynns told the Guardian. “We want them to know, but the decision is not up to them.”

Still, Horace Mann teachers said that the district’s habit of not notifying the community of its decisions isn’t fair, especially since Metro parents knew about the move months before they did. “The process is really disrespectful to the parents and it’s happening consistently to the disempowered,” a Horace Mann teacher who asked not to be named for fear of retribution, told us. “This is happening to schools with high amounts of people of color and low socioeconomic statuses.”

Envision Schools, the Oakland-based organization managing two charter schools in San Francisco, including Metro, wrote a letter to Superintendent Carlos Garcia on Oct. 15 requesting to move Metro to another facility, citing lack of natural light in its classrooms, lack of offices and spaces for administration, inadequate science labs, and lack of an identifiable school front entrance. Metro is protected under Proposition 39, a law voters approved in 2000 mandating that school districts must accommodate charter schools with facilities comparable to those used by other students.

Wynns said part of the problem is that Prop. 39 gives charter schools too much power. “The regulations are all biased in favor of the charter schools, and the charter schools rights are paramount,” Wynns told us. “We had Metro in a facility that, in my opinion, was more Prop. 39 compliant than the facility they will be going to now. And now we are going to crowd them in a middle school.”

Board members who criticize the deal say that the district didn’t follow district policy in this case. Wynns said that while some members of the board were under the impression that Metro was staying at Burton or that Horace Mann was only a consideration, district officials had already made the decision that Metro was moving to Horace Mann without notifying the board — a violation of board policy.

In an April 1 memo, the district finalized the offer for Horace Mann and then took the offer back and offered the Burton site in an April 30 memo. Metro lawyer Paul Minney responded in a May 11 memo, demanding co-location at Horace Mann and threatening legal action. The district responded by reinstating its initial offer of Horace Mann in a May 28 memo.

“Districts have a legal obligation to provide all charter schools with appropriate space to run a quality educational program. Consideration has to be given to determine if a designated school site is able to share facilities without having a significant impact on either school’s day to day operations,” district spokesperson Gentle Blythe told the Guardian. “In the case of Mann and Metro, the decision to co-locate was a matter of pending litigation and the ideal process was usurped by legal constraints.”

Board member Rachel Norton said that much of the miscommunication was the result of informal conversations between Envision Schools CEO Bob Lenz, Superintendent Garcia, and Horace Mann Principal Mark Sanchez about the impending move. In an e-mail dated March 11, Lenz contacted Garcia about their upcoming March 17 meeting and stated that Sanchez thought a partnership between Metro and Horace Mann would be “revolutionary.” According to board policy, negotiations are made between Director of Charter Schools Mary Richards and the head of the affected charter school. Although these informal conversations aren’t a violation of board policy, Norton said that these conversations created miscommunication.

Lenz wouldn’t comment on Norton’s remarks, but said, “It’s most important to look at how the district and Envision Schools could be good partners together. Rather than look back, we look forward to participating in a transparent process with the district going forward with the Prop. 39 process.”

According to Horace Mann teachers, Garcia and Sanchez claimed they were not aware that they had agreed to a final, binding offer, although correspondences suggested otherwise. E-mails dated March 30 included final offer copies of facilities for Metro to Garcia and Sanchez, who did not return our calls seeking comment by press time.

“I’m not quite sure who knew what, when,” Norton said. “I think it’s pretty clear that people were notified about the final offer that went out. Whether or not they saw that notification is another question. I’m certainly not accusing anyone of lying, but I think that there were just two levels of understanding because it wasn’t a clear process.”

“Its hard to believe that as previous president of the school board, Mark [Sanchez] did not know that this was a final offer,” a Horace Mann teacher said. “This has put a huge strain on the relationship with the staff and the principal.”

Despite tensions within Horace Mann staff, newly appointed Metro Principal Nick Kappelhof said he’s looking forward to the next school year. “I view this as an opportunity to partner in ways that’s not common in other co-locations,” Kappelhof told us. “Our philosophies are aligned and we’re excited to learn from them. I see it as a rich opportunity between staff and a great community.”

Metro has a one-year lease with Horace Mann and will occupy eight classrooms in the sixth-grade annex building and five rooms in the main building. Although many parents have fears about these middle school and high school students interacting, staff members at Horace Mann and Metro plan on organizing different bell schedules and designating separate areas for the two groups.

As the school year draws nearer, Horace Mann staff hopes for ways to get past this messy situation. “I hope Envision doesn’t feel the need to retaliate against the public school system, and that they think twice before they threaten a lawsuit because it’s easy and it’s the first thing they go to,” a Horace Mann teacher told us. “I hope there are lessons learned on both sides about how to do this successfully in the future. I think it can be a positive experience — co-location doesn’t have to be hard.”

But Wynns and Norton fear Metro will pressure the district to let the charter school remain at the site, whether or not students and parents there now think it’s a good fit. “I will be very surprised if their Prop. 39 request [for facilities following this school year] will not say Horace Mann — and I believe [it] will,” Wynns said of Metro.

“I want us to do everything in our power to protect ourselves against that happening [Metro extending its stay at Horace Mann],” Norton said. “I don’t know precisely what that would be, but I think we have to take steps to make it clear that the site is unavailable for them next year.”

With an uncertain future, Horace Mann will open its doors to Metro this month, becoming either another example of a growing partnership or another public facility fallen prey to charter school takeover, depending on one’s perspective.

Reinventing San Francisco

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By Christopher D. Cook, Karl Beitel, and Calvin Welch. 

OPINION It’s hard to trust hope these days — to imagine that our world, or even our city — could be different. But for the next 10 or 15 minutes, as you read this, we invite you to suspend the cynicism and disbelief that hang over contemporary life, and allow your mind to imagine that, yes, a different San Francisco is possible. Just for 15 minutes, although we hope this helps kick-start a much longer-term revival of hope and urban reimagining.

It’s time to create something new in San Francisco — a visionary movement for constructive change that’s bold and unapologetic. Imagine, for instance, if San Francisco became a national model for how cities can reinvest local profits (public and private) and assets to expand economic opportunity and social equity. Imagine if, instead of promoting a dispiriting and volatile blend of corporate development and Darwinian “free-market” anarchy, San Francisco transformed how American cities define success by creating concrete alternatives to the chaos of capitalism.

Now imagine that San Francisco had its own public bank — a fiscally solvent, interest-generating financial force (potentially a half-billion dollars strong) dedicated to public financing and economic stimulus, that functioned as a vigorous incubator for homegrown industries and sustainable, true-green job creation.

We are proposing no less than a reinvention of San Francisco — a dramatic shift in priorities, resources, politics, and culture that marries the very best in both creative innovation and urgently needed reforms to make our city socially equitable and sustainable, both ecologically and economically.

Toward this end, the Community Congress, Aug. 14-15 on the University of San Francisco campus, will stimulate ideas, discussion, and planning to reinvigorate civic engagement and inspiration and create a concrete, locally actionable agenda for reshaping the city. You’re invited. (Visit www.sfcommunitycongress.wordpress.com for more information.) The congress is a conversation starter and idea incubator — an opportunity to begin reimagining San Francisco as a socially equitable, racially inclusive, ecologically sustainable city that grows its own food, supplies its own energy, and is an affordable haven for working-class people, immigrants, artists, and creative folk of all stripes.

We humbly propose a city that embraces cosmopolitanism and international exchange while empowering its residents to achieve a decent and livable quality of urban life. We are not trying to turn back the clock; we are trying to create new forms of social and economic value that give people meaning and sustenance, and hope.

 

WHY A COMMUNITY CONGRESS—WHY NOW?

Couldn’t we save such sweeping aspirations for a rainy day? The sky isn’t falling yet, is it? Not quite, but the present constellation of crises San Francisco is ensnarled in — massive and rising structural deficits, a boom/bust economy that’s profoundly unstable and inequitable, deepening economic and social divides that destabilize communities, to name a few — is simply unsustainable.

San Francisco’s economic and fiscal crisis is not a passing moment. Rather, it signals long-term structural flaws in the city’s economic policies and planning. San Francisco has lost roughly 45,000 jobs since 2000, and each “recovery” is marked by steadily higher unemployment rates (currently resting at 9.2 percent). More critically, as jobs and wages have grown more precarious and housing prices have steadily risen (over the long term), thousands of San Franciscans have been displaced.

Any serious vision for change must incorporate race and class dynamics. Consider the economic evisceration of much of the city’s African American population, which has plummeted from 13.4 percent of the population in 1970 to just 6.5 percent today (more than 22,000 African Americans left the city between 1990 and 2008). The gutting of communities of color is intrinsically intertwined with issues of job and wage loss and soaring housing costs. This is particularly acute in the geographic and political dislocation of African Americans in San Francisco. Add to this picture intense overcrowding and poverty in Chinatown and in Latino and immigrant communities, and you get a set of inequities that are morally unacceptable and socially untenable.

Like other major American cities, San Francisco faces a crucial historical moment. Global warming and fast-dwindling oil supplies require a transformative shift in how we conceive (and implement) economic development far beyond the city’s current piecemeal approach to “green procurement.” The Peak Oil Preparedness Task Force, appointed by the Board of Supervisors in 2007, concluded that a full 86 percent of San Francisco’s energy use comes from fossil fuels, primarily petroleum and natural gas, and a small amount of coal. Given the world’s fading oil supplies and mounting climate chaos, this is simply unsustainable.

The specter of a looming energy and environmental crisis, combined with economic instability marked by persistently high unemployment, rising income inequality, systemically entrenched homelessness, consumer debt, and the deepening crisis of cutbacks to critically needed human services and affordable housing call for a radical shift in how society — and San Francisco’s economy — are run.

Transforming San Francisco into a truly sustainable city will mean dramatic shifts in what (and how) we produce and consume, and aggressive city policies that promote local renewable energy. Our economy — how our food, housing, transportation and other essential goods are made — will have to be rebuilt for a world without oil.

These and other limits mean we must redefine growth and profit—fast. Work and sustainability must become fully intertwined, and we must think creatively about how jobs can produce social and community value, instead of profits concentrated at the top.

Creating truly sustainable and equitable cities for the 21st century will also mean dramatic shifts in how we produce and consume. There is no better place to begin than here in San Francisco, long an incubator in progressive thinking and genuine grassroots action and innovation. In an earlier Community Congress in 1975, residents and groups from across San Francisco united in a movement of ideas and organizing that led to district supervisorial elections and successful campaigns to stem the tide of downtown corporate development, helping to democratize politics and economics in San Francisco.

The 2010 Community Congress is aimed at reinvigorating local movements for lasting change, both on the policy level and in the relationship between people and their government. We hope to inspire a spirited and creative shift in the city’s culture and politics — with concrete, politically actionable policies to democratize planning and development and a more sweeping transformation of our expectations — toward a far richer and deeper engagement of people and communities in their own governance.

 

A NEW FRAMEWORK FOR URBAN DEVELOPMENT

What would this City of Hope look like, and how would it work? Consider what we could accomplish with a municipal bank. The City and County of San Francisco currently has almost $2.6 billion in highly liquid reserves, about $500 million of which could be used to fund a Municipal Bank of San Francisco. Once established (and federally insured), the Municipal Bank could take additional deposits and use this to issue more loans. The bank could promote economically viable worker-run cooperatives that produce goods and services addressing community needs — be it day care, urban gardening, or ecologically sustainable light industry that creates meaningful employment for local residents. The bank could provide competitive small-interest loans to help stimulate small-business development — the key economic engine of the city. Currently, access to credit is one of the primary impediments to small business growth in San Francisco.

The city could also start a Municipal Development Corporation to produce goods and services that meet essential needs, boost local employment, and generate surpluses that would be available for local reinvestment. San Francisco could launch itself on the path to local energy self-reliance with funds from the Municipal Bank, together with revenue bonds—raising large pools of capital to finance large-scale alternative energy investments such as solar panels to generate energy for sale to local businesses and households.

The proceeds could help subsidize community-based development such as urban farming projects that could grow food for our public schools. The Municipal Development Corporation could explore other initiatives like large-scale medical marijuana cultivation and development of a commercial fiberoptic network. Other ideas can be developed; we need to engage our collective imagination to envision what can exist if there’s enough people power and political will.

By expanding access to credit, municipalizing a chunk of the city’s assets, establishing an economically viable municipal development enterprise, and democratizing city planning and development, San Francisco can enable long-disenfranchised communities to create sustainable and diversified development — instead of fighting over “jobs versus the environment” and other false choices and getting nowhere for decades.

It’s time for proactive, community-led economic development that addresses urgent needs, from local hiring and training, to creating a diverse base of neighborhood-serving businesses, to ecologically sustainable and healthful development and planning that is driven by communities and residents.

San Francisco’s job creation policies can be transformed to prioritize community needs over corporate profits by linking major development contracts to strict local hiring and training, community benefits agreements that invest in social goods like childcare and in-home health services, and ensuring dramatic increases in the city’s stock of affordable housing.

We need to build new forms of public participation in local government in ways that address people’s everyday needs. For instance, the congress will propose a new partnership between residents and Muni to make Muni work better, involving current riders and drivers in a new, more powerful role in how Muni lines function.

We need to find better ways to sustain a diverse population of working-class, people of color, artists, writers, musicians, and others. We need to make sure development isn’t just code for finding new ways to gentrify neighborhoods and displace existing residents.

Specific proposals will address how the city and community-based nonprofits deliver critical health and human services to our neediest residents. We propose making this an integrated part of the budget process, not a last-minute afterthought. Toward this end, the Community Congress will present actionable proposals to create innovative “resident/government” partnerships to improve local government responsiveness and efficiency.

 

RAISING—AND SPENDING—THE BENJAMINS

One of the keys to unlocking the city’s stagnating economy is progressive revenue generation and more democratic participation in budgeting. We must enlarge the public pie while reapportioning it in a way that stimulates job creation and shifts the tax burden onto the large businesses that reap vast private benefits from public goods and services. The city’s budget process must be dramatically reshaped and democratized. Communities need a seat at the fiscal table when the budget is being crafted — instead of lobbying tooth and nail at the end of the process just to retain funding that barely keeps programs afloat.

How can we build a participatory budgeting movement that brings residents and communities into the process? For instance, community budget councils composed of elected and appointed residents from every supervisorial district could assess neighborhood needs and incorporate them into drafting the budget. Whatever form this takes, the goal is to put the needs of residents at the forefront of how the city spends its resources.

The Community Congress can also help redefine fiscal responsibility. Taxing and spending must be accountable and transparent and respect the fact that this is the public’s money. Let’s be honest: much of what passes for government excess is due to management and executive bloat at the top, not salaries of frontline workers like bus drivers, social service providers, and hospital workers. True fiscal responsibility also means investing in prevention: education, healthcare, and services that help people build their lives.

 

RECLAIMING HOPE

It’s time to reclaim the public sector as the sphere of our shared interest. Rather than thinking in terms of the old paradigm that counterpoises “government” and “the market,” let us envision a new citizen movement to create a more participatory, democratic, and accountable system of self-government.

The San Francisco Community Congress is about bringing people together — community activists, those working in the trenches of our increasingly strained social services, our environmental visionaries, our artists, the urban gardeners and permaculturists, poets, bicycle enthusiasts, inventors … in short, assembling our pool of collective knowledge and wisdom, and yes, our differences — in a forum to discuss, debate, share concerns and viewpoints, and ultimately produce a working template that is both visionary and can be implemented.

The Community Congress will create a space for all of us to participate in defining our own vision of San Francisco. It is a first step toward reasserting popular control over economic development. It is an invitation to be visionary, rethinking in fundamental ways what it means to live in the 21st century city, and a forum for creating real, practical platforms and proposals that can be implemented using the powers of local government.

We want to propose a new vision of urban governance. Not more bureaucracy, more commissions, more departments, but the creation of new institutions that are democratically accountable and place new kinds of economic and political resources in the hands of ordinary citizens.

We don’t have any illusions. There are limits to what local government can do. Ultimately, deep change will require actions by higher levels of government. More profoundly, it will require a deeper change in citizen awareness, a rejection of life dominated by the pursuit of narrow self-interest, in favor of a more ecologically sustainable, socially just, and more democratic way of life.

But we can begin at the local level, here and now, to envision and implement the kind of changes that will need to take place if we want to insure that our city, our country, and our planet will be the kind of place we want our children to live. Please come. Bring your hopes, passions, and ideas. This is our collective project, our shared wisdom, our joint vision of the kind of city and society in which we want to live.

Christopher D. Cook is an author, journalist, and former Bay Guardian city editor (www.christopherdcook.com). Karl Beitel is a writer, scholar, and activist. Calvin Welch is the director of the San Francisco Information Clearinghouse and a long-time affordable housing advocate. This story was funded in part by www.spot.us

 

Legal Brahmins organize against Nava

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Some of the most prominent lawyers in San Francisco, including two high-ranking judges, have launched a full-scale political campaign to protect Judge Richard Ulmer, a straight white former Republican and Schwarzenegger appointee, against a challenge by a gay Latino Democrat.


Among the Ulmer supporters, who have vowed to raise a substantial amount of money for the fall judicial election, are J. Anthony Kline, presiding justice of the state Court of Appeal in San Francisco and James McBride, presiding judge of the San Francisco Superior Court. They’re joined by a surprising number of leading liberal lawyers, including James Brosnahan, senior partner at Morrison and Foerster, Joe Cotchett, the widely known trial lawyer, and Sid Wolinsky, a founder of Disability Rights Advocates and a lifelong public interest attorney.


And John Burton, the chair of the California Democratic Party, is contacting members of the San Francisco County Central Committee to try to get that panel to rescind its endorsement of Ulmer’s opponent, Michael Nava.


It is, by any standard, an astonishing amount of political firepower for a local judicial race – and it’s all being done in the name of avoiding politicizing the judiciary.


Nava, a former prosecutor who now works as a staff attorney for state Supreme Court Justice Carlos Moreno, finished first among three candidates in the June primary election, and will face Ulmer in a November runoff. Nava finished with 45 percent of the vote, Ulmer with 42. Dan Deal, also a gay man, won 11 percent of the vote, and most observers agree that if he hadn’t been in the race, Nava would have exceeded 50 percent of the vote and won the seat outright.


So Ulmer heads into the fall with a significant disadvantage — Nava needs only another five percent to put him over the top, and has the endorsement of the local Democratic Party, a major factor in a race that typically doesn’t attract much public attention.


That, by all accounts, has given the local judiciary a bit of a scare. Judges by law serve six-year terms, and can face a challenge when they come up for election, but it doesn’t happen often. And there aren’t many elections for open seats. That’s because the vast majority of Superior Court judges retire or step down in mid-term, giving the governor the opportunity to appoint somenone to the post.


And judges typically don’t like running for re-election; it forces them to raise money from people who might appear in their courtroom and makes them get out and about and glad hand in the community — something that isn’t a normal part of a judge’s life.


Ulmer’s only been on the bench a little more than a year, and hasn’t done anything unprofessional or inappropriate; most attorneys who’ve appeared before him consider him an honest, competent judge. But he was appointed by a Republican governor to a bench that critics say is not reflective of the diversity of San Francisco, and if a local Democrat can unseat him, a lot of other judges could be vulnerable.


That’s what drove McBride, who told me he normally avoids politics, into the fray. Early in July, McBride sent an email to every past president of the Bar Association of San Francisco, inviting (some would say summoning) them to a July 7th meeting at the law office of Pillsbury, Madison and Sutro. The tagline talked about the “independence of the judiciary,” but the event turned out to be something of a pep talk and rally for Ulmer.


According to several accounts, Kline made the main pitch: He called this a “game-changing judicial election,” and made the arguments he would publish two days later in an opinion piece in the Recorder, a legal newspaper.


“The unseating of Judge Ulmer, widely considered an outstanding judge, would have a far greater politicizing effect than many realize,” his piece stated.


He added:


“If challenges to sitting judges without regard to their competence and character become acceptable in California, the consequences for our judiciary will be transformative. Exceptionally able but politically inexperienced lawyers will be less likely to seek judicial appointment. Lawyers who do seek appointment might feel it necessary to seek and obtain the political support of well-financed or influential groups, which may want to know where they stand on issues courts decide. Governors will favor judicial candidates possessing the political skills and financial resources necessary to defend themselves. Some judges may think twice about ruling against politically influential parties, lawyers, or interest groups. Judges may establish campaign funds to discourage potential challengers, and lawyers who appear before such judges may feel compelled to contribute.”


And in a move that disturbed some of those present, Kline argued, in essence, that the local court already has considerable diversity, and that the fact that Ulmer is a straight white male shouldn’t be an overriding factor in the race.


“With the election of Linda Colfax,” his Recorder article states, “25 of the court’s 51 members will be women, 10 gay men or lesbians, 9 Asian-Americans; 3 Latinos; and 3 African-Americans. The court must already be the most diverse in the United States.”


McBride told the group that Ulmer would need money — substantial sums of money — to compete against Nava, and made it clear that he needed help raising it. According to some accounts, there was discussion of seeking a war chest of $350,000. The presiding judge also asked the former bar presidents to sign a letter asserting that the election of Nava would be an attack on the judiciary.


Peter Keane, dean emeritus of the Golden Gate University Law School, was among those invited, and the meeting left him deeply disturbed. “It was something disgraceful, the tone of opposition from people like Kline,” he told me. “It felt like a Dick Cheney weapons of mass destruction speech, this fear about the independence of the judiciary. I raised my hand and said I disagree.”


Keane said that “to frame this as an independence of the judicary question cheapens that argument.” Nava, he said, has every legal right to run and make the case that he’d be a better judge than Ulmer. “Ulmer’s been endorsed by the Republicans,” Keane said. “So what’s wrong if Nava is endorsed by the Democrats?”


Keane said he’d voted for Ulmer in June, but was switching to supporting Nava this fall, in part because he sees a powerful attack coming down against the challenger. “A lot of Brahmins in the legal society have gotten stampeded into the lynch mob against Michael,” he said.


In the end, the bar presidents agreed to what Keane called a mild statement saying that party affiliation shouldn’t be the sole basis for making judicial election decisions.


Kline, a former judicial appointments secretary for Gov. Jerry Brown who is widely considered one of the most liberal judges in the state, told me that he barely knows Ulmer, but knows of his pro bono work cleaning up the California Youth Authority. But he said he will continue to speak out for the incumbent because he fears the election of Nava would open the floodgates to challenges against judges on purely political grounds.


McBride confirmed that he called the July 7th meeting and was happy to discuss what happened and his perspective. He told me that it’s difficult and often inappropriate for judges to raise money for campaigns, since the people most likely to be interested in those races — lawyers — often have business before the courts. And he argued that the fear of a challenge could make judges hesitant to rule against powerful interest groups.


“One of the things that came up at the meeting,” he said, “is that judges are the only public officials who are required by the Constitution and their oath of office to act against their constituents.”


But Nava points out that state law provides for judges to face the voters — and potential opponents — once every six years. “This is simply the judges trying to establish standards for the voters to decide when and under what circumstances a judge can be challenged,” he told me. “They want to decide what qualifies someone to be a judge and what doesn’t.”


He said that the argument that the court is already diverse is “offensive.” The court’s own statistics, he noted, show that 70 percent of the judges are white and “most have been appointed by governors of a particular partisan and ideological bent.”


That, of course, is one reason Nava is running against an incumbent: He thinks (probably correctly) that Gov. Schwarzenegger would never appoint him to the bench, and unless Jerry Brown wins this fall, he’ll be essentially unable to become a local judge for years. Of course, if more judges retired at the end of their terms, and create more openings, there’d be less of a problem; lawyers who want to ascend to the bench would have a fair shot at running without taking on any incumbents.


Nava agreed that it was unpleasant and unseemly for judges, or judicial candidates, to go around raising money — but he thinks there’s another solution. “Why don’t they work to make all judicial campaigns fully publicly financed?” he asked. “If Justice Kline wants to do that, I’ll be happy to join him.”


Although McBride said he hopes the Ulmer campaign will be able to raise enough money to reach the voters directly this fall, the focus right now is on the DCCC. “Since the Democratic Party is so dominant in this town, having the endorsement of the party shifts the balance way towards Nava,” McBride told me. Everybody knows the party won’t endorse Ulmer, who was a Republican until he was appointed to the bench, at which point he switched his registration to decline to state. But McBride hopes enough DCCC members will agree to reverse the Nava endorsement to leave the local party neutral in the race.


That’s going to be difficult – it takes a two-thirds vote to change an endorsement. But Ulmer supporters are pulling out all the stops – Burton has written a letter, prominent local lawyers who support Ulmer are calling DCCC members,  and in some cases, cornering them in person.


“I was at an event the other day, and Joe Cotchett comes up and tells me he needs to talk to me,” DCCC member Alix Rosenthal told me. “He corners me and starts talking about how I need to reverse the endorsement of Nava.”


And the power of the Brahmins seems to be having at least some impact – a few of the members who supported Nava in the spring appear to be wavering, and some newly elected progressives are still undecided.


Reversing an endorsement would be highly unusual. “I’ve never seen anything like this done in my eight years on the committee,” member Gabriel Haaland told me.


But no matter what happens at the DCCC in August, when the issue will come up, the relatively low-profile race for Superior Court judge is going to get heated this fall – and Nava will be in the crosshairs.

Herrera’s right to appeal the Alioto-Pier decision

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I’m not exactly sure what Ken Garcia was trying to say here — his argument is rambling and makes no sense — but Dennis Herrera really had no choice: He had to appeal the Alioto-Pier decision.


The Superior Court ruling in the case screws up the city’s term-limits law. It’s not clear now, for example, when Sup. Carmen Chu will be termed out. It’s not clear whether the mayor can appoint someone midway into a vacant term and essentially give that person an extra two years on the board. And one ruling from one Superior Court judge doesn’t clarify the law (which the judge acknowledged was at the very least ambiguous) or set a binding precedent.


When the voters approved district elections, they also approved term limits; everyone gets two four-year terms. But under Judge Peter Busch’s decision, that’s no longer true.


Suppose, for example (and this is a wild scenario, but such things happen in local politics) that Gavin Newsom gets elected lieutenant governor (entirely possible) and in January, the newly elected supervisors choose the next mayor. Here’s what happens: The board president becomes interim mayor until somebody lines up six votes.


So let’s say (and this just happened with David Chiu) that one of the newly-elected, first-time supervisors — Debra Walker, or Rafael Mandelman, or Scott Weiner, or Jane Kim, or someone else — lines up six votes and becomes board president, and thus mayor. Then he or she immediately appoints a successor as supervisor. That person gets a free four-year term that doesn’t count against term limits at all.


So the city needs clarity, and the only way to get it is to ask the Appeals Court to weigh in. And if it turns out that the current law does, indeed, set a double standard, and that appointed supervisors get special treatment, then the board needs to be a Charter amendment on the ballot fixing the problem.


If Sup. Alioto-Pier wants to claim this is just politics, let’s remember: She’s already run for Congress, for secretary of state, and was planning to run for insurance commissioner until she fell ill this spring. Now that nothing else has worked out, she wants another term on the board. She has every right to challenge Herrera’s opinion, but asking him to apologize is wrong; he’s just doing his job.

Why is Pelosi killing ENDA?

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OPINION Why is the Congressmember from the gayest city in America blocking legislation that protects lesbian, gay, bisexual, and transgender workers from workplace discrimination? That’s the question LGBT workers across the country are asking, and why LGBT workers picketed her office in the Federal Building and delivered a letter demanding that she not kill the Employee Non-Discrimination Act (ENDA).

Most LGBT workers have no protections from workplace discrimination. ENDA would provide legal protection against discrimination nationally. In 29 states, it is still legal to fire someone solely because they are lesbian, gay, or bisexual. And in 38 states it is legal to fire someone solely for being transgender. The current version of the bill would outlaw discrimination on both sexual orientation and gender identity.

Speaker of the House Nancy Pelosi repeatedly promised that she would schedule a vote on the law, but repeatedly broke these promises.

A 2006 study by the Guardian and Transgender Law Center found that 60 percent of transgender people in San Francisco earn less than $15,300 per year, only 25 percent have a full-time job, and nearly 9 percent have no source of income.

Only 4 percent reported making more than $61,200, which is about the median income in the Bay Area. More than half of local transgender people live in poverty, and 96 percent earn less than the median income. Forty percent of those surveyed don’t even have a bank account.

What this study reveals is that even in a city that is considered a haven for the LGBT community, transgender workers face profound employment challenges and discrimination. If this is true in San Francisco, imagine the figures in less queer-friendly towns.

A 2007 meta-analysis from the Williams Institute of 50 studies of workplace discrimination against LGBT people found consistent evidence of bias in the workplace. The analysis found that up to 68 percent of LGBT people reported experiencing employment discrimination, and up to 17 percent said they had been fired or denied employment.

Public opinion polling shows that Americans are overwhelmingly in favor of making sure LGBT Americans get the same employment opportunities as everyone else. In fact, the latest surveys show that nearly 90 percent of Americans support workplace fairness for LGBT workers.

In a few weeks, Congress will finish its legislative business for the year so members can return to their districts to run for reelection. Last month at a LGBT Pride event, Rep. Jackie Spier (D-San Mateo) announced to a stunned crowd that not only would we not get ENDA before the end of the legislative session but she doesn’t think we would get it for five years because we won’t have enough votes in Congress again to ensure passage.

That’s right, at this moment, members of Congress are planning on leaving town and going home to campaign for their own jobs — while leaving thousands of LGBT workers without protections for the next five years. When 90 percent of Americans support workplace fairness, it’s challenging to believe that Pelosi fears a backlash from the voters.

That said, it’s fair to say that Pelosi may get a backlash from LGBT voters if she continues to block ENDA from a vote. The time to pass ENDA is now. The American people support it; the politicians promised it. No more broken promises. We demand that the House speaker stop blocking ENDA and schedule a vote.

Gabriel Haaland is a member of Pride at Work.

 

Growing pains

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steve@sfbg.com

The medical marijuana movement was born and raised in the Bay Area, and now the city of Oakland is poised to take the next big step forward by being the first city to explicitly allow and permit several massive cannabis cultivation facilities on industrial land, making millions of dollars in taxes in the process.

It’s the latest move in a growing trend toward Bay Area cities figuring out how to regulate and tax a booming industry that could really explode if California voters approve Proposition 19 in November, which would legalize even recreational uses of marijuana and give local jurisdictions more authority to control it.

Pot growing has long been the murkiest realm within an increasingly legitimate and professional medical marijuana industry (see “Marijuana goes mainstream,” 1/27/10). While Oakland, Berkeley, and San Francisco all have well-defined and regulated systems governing the 30 licensed cannabis dispensaries in those three cities, most of their growers are underground operations with no official oversight.

Public officials on both sides of the bay — who almost universally voice their support for the medical marijuana industry — say there can be problems associated with unregulated grows. Jerry-rigged wiring can pose a fire danger, and valuable crops can be targeted by criminals. Growers can be raided by police even when they have valid paperwork. And cash-strapped city governments aren’t able to tax or regulate an industry that has kept on booming throughout the Great Recession.

“There is no system to regulate production,” Oakland City Council member Rebecca Kaplan, who has authored cultivation regulations, along with co-sponsor Council member Larry Reid. Although the city may lack resources to enforce new requirements on growers, Kaplan believes growers will sign up voluntarily: “Every time we’ve created a permitting system, people have sought to use it. They want to be above board.”

The measure would permit growing facilities of more than 100,000 square feet, charging them each a $5,000 permit fee and $211,000 “regulatory fee,” as well as a gross receipts tax to be determined. The Oakland City Council approved the measure July 20 after Kaplan agreed to have staff also create a permit system for smaller growers, with both regulatory systems slated to take effect Jan. 1, 2011.  Kaplan has also proposed a November ballot measure to increase the current gross receipts tax on cannabis-related businesses from 1.8 percent now to up to as high as 11.2 percent, which the council is set to consider July 22.

Kaplan’s cultivation proposal initially generated a backlash from some small growers and Harborside Health Center, Oakland’s largest dispensary, because of its focus on creating mega-facilities that could monopolize the market and hurt the small growers who have been at the heart of the medical marijuana movement.

“All we’re asking for is a level playing field and a fair opportunity to compete with these factories,” attorney James Anthony, who represents Harborside and its network of growers, told the Guardian. “As medical cannabis comes into the light, it’s still capitalism out here in the world.”

Oakland developer and business person Jeff Wilcox, who is new to the marijuana industry, has been aggressively pushing to create a massive cannabis growing and manufacturing facility on his 7.4-acre warehouse complex near the Oakland Coliseum, covering 172,000 square feet over four buildings.

On May 21, Wilcox and his company, AgraMed, released a report showing how the facility could produce about 21,100 pounds of high-grade marijuana per year, generating about $60 million in gross sales and more than $2 million a year in taxes for Oakland, assuming a 3 percent tax rate (or about $3.5 million if the rate is set at 5 percent). The report was based partly on information gathered from independent local growers.

“By closing the loop and regulating the entire industry, we can ensure the healthy production and use of cannabis, and ensure its legitimate standing in our society. We’re working with public health and public safety agencies to make sure we do this right,” Wilcox, who did not return Guardian calls for comment, said in his press release.

Anthony said he was wary of Oakland politicians handing so much market power to one person: “It’s not for the government to pick the winners and losers through a regulatory scheme.” But he does agree that growers are overdue for regulation. “It’s time for cultivation to come into the light.”

State law requires growers to be part of the collective that uses or distributes the product, and the facility proposed by Wilcox would contract with many collectives, a model that hasn’t been tested in the courts yet. In fact, Council member Nancy Nadel has expressed concern that what she called “a structurally flawed proposal” could be on shaky legal ground (City Attorney John Russo, who has endorsed Prop. 19, did not return our calls with questions about the Oakland measure’s legality. His office also has not issued an opinion because it conflicts with federal law).

“Though state law allows for the operation of medical marijuana cooperatives by primary caregivers and patients, it does not legitimize large-scale growing operations. Just in the past few months, the DEA has raided two medical cannabis testing labs in Colorado. We need to retain a level of good sense and discretion,” Nadel wrote in a July 13 memo to her council colleagues, urging them to hold off on approving the measure until after voters decide Prop. 19 in November.

Yet Kaplan told us that even though the council moved the legislation forward, staff would continue to work through its myriad regulatory details and no permits will be issued until January. She also agreed that “it’s really important for Prop. 19 to pass,” giving Oakland more explicit authority to regulate the industry.

Oaksterdam University founder Richard Lee, who bankrolled the campaign to place Prop. 19 on the ballot, supports Kaplan’s regulations (although he told us he would like to see a greater focus on small cultivators) and called regulation of growers “a historic next step” that further legitimizes the industry.

“I think this will help Prop. 19 pass and help Oakland be ready when it does,” Lee said, voicing support for Wilcox and other business people who seek to join this movement. “We need everyone we can get on our side.”

Most polls show that Californians are split fairly evenly on Prop. 19. Even so, several California cities are already making preparations to use the new taxation and regulation authority that the measure would bestow.

Lee said Sacramento, Oakland, Stockton, Long Beach, San Jose, and Berkeley all have been working on cannabis regulatory schemes for voters to approve. For example, on July 13, the Berkeley City Council placed a measure on the November ballot proposing a gross receipts tax of 2.5 percent on medical marijuana and a 10 percent tax on recreational pot, as well as a system for permitting up to 10 medical marijuana growing operations.

“State law is really a mess at the moment and there are a number of things happening now that violate state law,” Lee told us. “That’s why Prop. 19 is going to be a cleanup law to deal with a lot of the stuff that’s going on now.”

Kaplan, who has been working on her ordinance for almost a year and got help from students in UC Berkeley’s Goldman School of Public Policy, agreed that the current legal requirements for growing medical marijuana are unclear: “There isn’t a right way [to permit cultivation facilities] under state law. The law isn’t clear.”

Attorney David Owen, who has researched medical marijuana laws for the new SPARC dispensary in San Francisco and for local growers, echoed the point. “The short answer is that we know so little about the boundaries of state law.”

Prop. 215, the 1996 measure that legalized medical marijuana, was broadly written and then codified largely by Senate Bill 420, portions of which were later struck down by the courts. But enforcement of marijuana laws has primarily been done by the federal government, which backed off after President Barack Obama took office, leaving state and local officials to regulate a fast-growing industry using standards that the courts have yet to clarify.

“We don’t have appellate court decisions to interpret a lot of key terms in state law,” Owen said. “We don’t really know what state law says.”

For example, Owen said the widely used term “dispensary” doesn’t even appear in state law. Local jurisdictions often define how much pot a patient can grow. For example, Oakland allows groups of three patients to grow up to 72 plants in 96 square feet. But most of those standards haven’t been held up by the courts. And even though state law says growers must be part of the same collective as their patients, Owen said, “In theory, you could have a collective with 37 million members.”

Although Owen said a large scale doesn’t necessarily make a marijuana operation illegal, he said permitting a 170,000 square foot facility is bound to draw attention from the feds: “I guarantee the DEA will be at their doorstep the day they open.”

Council member Nadel said Oakland could be liable then as well, noting that it would be permitting a facility that would meet about 60 percent of the entire Bay Area’s demand for 35,000 pounds of pot per year. “Thus, to prevent diversion to illegal markets and collective members outside of the cultivation collective (which would violate state law), the city must act responsibly and set a limit on the total size of cultivation allowed in Oakland. While the memo from the Council members discusses the alternative method [permitting a smaller capacity], it does not recognize the problems with projecting sales to dispensaries outside the Bay Area,” Nadel wrote.

Kaplan said the ordinance is a starting point that can be further refined by staff. But she emphasized the need to regulate the industry, warning of risks to Oakland residents. Her measure’s staff report attributes at least seven house fires, eight robberies, seven burglaries, and two homicides to unregulated growing operations in 2008 and 2009. Kaplan also said she worries about the possibility of “another Oakland Hills fire.”

Yet Kaplan, who is running for mayor, also told us the taxes are important in a city that was recently forced to fire 80 police officers. “Given Oakland’s budget crisis,” she said, “the revenue for the city is no small thing.”

Repairing the initiative process – in CA and SF

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OPINION I recently participated in a research trip to Switzerland to study the alpine nation’s system of direct democracy (initiative and referendum, or I&R). Its model offers fresh ideas about how to repair the dysfunctional initiative process in California and San Francisco.

In California, it takes approximately 750,000 signatures to put a constitutional amendment on the ballot — almost 3 percent of the statewide population — and about three-fifths that for a nonconstitutional statute. That’s an extremely high threshold, so in actual practice the only players able to qualify a ballot initiative are wealthy individuals or organizations that can pay an army of circulators about $3 per signature. It has been years since a statewide initiative has qualified through the work of volunteers.

Because of these dynamics, direct democracy in California has been captured by wealthy special interests. Proponents of Proposition 14, which was bankrolled by Gov. Arnold Schwarzenegger and big business, outspent opponents by 50:1 to pass a “top two” primary that is deform masked as reform. Even when Big Money’s measures lose — as PG&E’s Proposition 16 did — they force everyone else to play defense. Ironically, this dynamic is the opposite of that envisioned by California Gov. Hiram Johnson, who in 1911 created the initiative to allow the people to counter powerful special interests like railroad tycoons.

But in Switzerland, the political leaders have crafted an impressive practice that fosters a noisy collaboration between the people and their elected representatives. That nation has a proposal-counterproposal system. Once an initiative or referendum qualifies for the ballot, the government is given a chance either to pass that law itself or put a counterproposal on the ballot. Similarly, if the government passes a law, the people can put their own counterproposal on the ballot or try to overturn the law via a referendum.

This dynamic unleashes a process that is less polarizing and fosters a healthier debate. That in turn fosters more of an ongoing dialogue between the people and their elected representatives that, over time, forges a broader consensus on issues.

But a key reason this dynamic works is because the Swiss only require about 100,000 signatures for an initiative — a bit more than 1 percent of the population — and 50,000 for a referendum. The Swiss also allow a longer period of time for collecting those signatures, up to 18 months, compared to only five months in California. So non-wealthy interests can use the I&R process and signatures can be gathered with all-volunteer labor.

Gathering 1 percent is still a sizable undertaking; it would equal about 370,000 signatures in California for a constitutional amendment. But that’s low enough that serious efforts lacking deep pockets could still play in the game.

For example, look at the Jeff Adachi-led initiative over public pensions in San Francisco. Adachi has put his fingers on the pulse of an issue that needs addressing, but many progressives feel that the details in Adachi’s measure are too harsh and polarizing. But what if a counterproposal was put on the ballot, giving the public another choice? The subsequent multichoice campaign would be less polarizing and could help find the sweet spot of consensus.

The Swiss model isn’t perfect. Like California, when it comes to the actual I&R campaigns, Switzerland has inadequate campaign finance and transparency laws. With no public financing for underfunded campaigns, private money dominates and skews the public debate.

That’s why free media time should be provided for all significant viewpoints. And shared financing for all campaigns, pro and con, should be considered; all campaigns would be required to pay 15 percent of the amount they spend on their own campaign into a common fund that is distributed to the underfunded campaigns.

If I&R in California and San Francisco is designed correctly, it has the potential to reinvigorate this age-old invention of representative government. *

Steven Hill is author of the recently published Europe’s Promise: Why the European Way is the Best Hope in an Insecure Age.

Get rid of the water bond, now

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OPINION A Field Poll released last week showed decent support among progressives for Proposition 18, the $11 billion water bond on the November ballot. We shouldn’t let the bond’s cheery name fool us. Prop. 18 is a con job.

Sold as the Safe, Clean, and Reliable Drinking Water Act, Prop. 18 has been getting a lot of press recently for the “pork” that was added to it to gain votes when it went before the Legislature last November. But for progressives, the real concern isn’t the pork; it’s the other meat in the bond. Prop. 18 would maintain a status quo that’s bad for our budget and water supply.

With polls showing lagging support for the bond, Gov. Schwarzenegger asked the Legislature to delay the measure until 2012. Bay Area residents have nothing to gain from the measure — this year or in two years. We need our legislators to fight for the bond’s termination, now.

Prop. 18 provides a $2 billion downpayment for a peripheral canal to send more water from the Sacramento Delta to deep-pocketed interests to the south. In 1982, Northern Californians overwhelmingly rejected the peripheral canal; we should do the same with the bond. The Westlands Water District, Beverly Hills billionaire-owned Paramount Farms and other megafarms stand to gain immensely from any additional water these projects might bring. The Bay Area does not.

Worse, some of these landholders skip farming altogether in order to resell the water we’ve subsidized at a huge profit to real estate developers. They pay about $25 to $50 per acre-foot of water, but can easily resell the water for over $200 per acre-foot. Corporate giant Cargill is looking to buy water from landowners in Kern County to supply its proposed 12,000-unit housing development on bay salt marshes in Redwood City.

The meat of Prop. 18 is $3 billion for the construction of more dams, an expensive and inefficient way to manage water. California’s rivers already have hundreds of dams. The water that evaporates from them each year is enough to supply 4 million people.

With interest, Prop. 18 would add $24 billion in debt to the state’s General Fund — roughly $16 million a week for 30 years. Already facing a $19 billion deficit, California has made drastic cuts to vital public services like education, housing, and healthcare — and this bond will make things worse.

Although there is some money in the bond for projects that could actually benefit us, it’s too little, too late. And the state still has $7 billion available from past water bonds that has not been spent. When the Legislature passed a bill in 2009 to invest that money in regional water projects, the governor vetoed the bill. The same will likely be true here. And even if we do see that money someday, will the trade-offs be worth it?

There is no question that California needs to invest billions in rebuilding and upgrading our vital water infrastructure. Here in the Bay Area, we are already spending billions on rebuilding our sewer and drinking water systems. Unfortunately, the bond provides only a trickle of money for such important investments or to boost conservation and efficiency in the urban and agricultural sectors. It’s no wonder that the Sierra Club, Food & Water Watch, San Francisco Baykeeper, Clean Water Action, the California Teachers Association, and United Farm Workers all oppose the bond.

Fortunately, state Sens. Mark Leno, Leland Yee, and Ellen Corbett and Assembly Members Tom Ammiano, Loni Hancock, and Nancy Skinner all voted against placing this bond on the ballot. We now need them to step up and urge their colleagues not just to delay but to repeal this bond, now. *

Elanor Starmer is the western region director for the consumer advocacy nonprofit Food and Water Watch (www.foodandwaterwatch.org).

A new New Deal for San Francisco

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OPINION On Thursday and Friday, July 8 and 9, San Franciscans concerned about the future of their city will have a unique opportunity to devise practical, locally actionable proposals to shape and direct future policy affecting the local economy and the provision of critical human services.

On July 8, starting at 3:30 p.m. at SF Lighthouse Church (1337 Sutter at Van Ness), a New Deal for the City economic development summit will be held to address set of issues ranging from municipal reform to community-based economic development proposals. A copy of the draft positions can be found at www.sfcommunitycongress.wordpress.com.

The next day, the San Francisco Human Services Network, a 110-member organization of human and health service nonprofits, will host its New Realities summit starting at 9 a.m. at the McClaren Center at the University of San Francisco. More details about topics at the summit can be found at www.sfhsn.org/index.

The results of these two summits, along with proposals on Muni reform and affordable housing, will form the basis for a citywide meeting of “The New, New Deal for San Francisco” Congress, scheduled for Aug. 14 and 15 at USF.

The summits and congress offer a chance to discuss, adopt, and plan the implementation of a comprehensive response to the assault on the provision of critical public services and the clear failure of the local economy to respond to the current and future needs of San Franciscans. Over the past decade, San Francisco has lost, and never replaced, more than 70,000 permanent jobs as first the dot-com bust and now the implosion of the financial sector have shredded the city’s “new” economy. In a total reversal of its historic role, San Francisco is no longer the employment center of the Bay Area, but simply the high-end bedroom of a commuting workforce based outside the city.

This historic shift has meant that the primary form of development in San Francisco has gone from commercial, employment-based enterprises to high-end residential development — development that, because of Proposition 13 limits on local property taxes, simply fails to pay for the city services needed to support the existing and new residential population.

San Franciscans built a system of local governance that was unique in the state, and not often matched in the nation, in providing a level of municipal services based on the premise that we share a special place and a common future. These services were provided by a robust mixture of traditional public sector departments and innovative, community-based nonprofits. That system was itself based on an economy that mainly employed San Francisco residents in a diverse mix of economic activities with opportunities open to a wide array of people.

That economic base has been reduced to a mere shell of its former diversity, with few opportunities for even fewer people. Our current mayor has no desire to address this historic shift; instead, he is content to endlessly campaign for other offices, issue press releases on mythical achievements, and pit one portion of San Francisco against another in hopes that all forget the decline of the city under his leadership.

Progressive forces cannot again allow needed changes to be held hostage to the election of a particular candidate. We must put on the table a comprehensive, integrated set of locally actionable policies that make sense in the realities we face in the second decade of the 21st century — no matter who wins. After all, it’s our city.

Karl Bietel is a worker advocate; Fernando Marti is a community planner; and Calvin Welch is a balanced growth and affordable housing advocate.

 

Why can’t Kagan talk?

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Everyone knows that Elena Kagan’s going to get confirmed by the Democratic majority in the Senate, so it’s too bad that she won’t answer anyone’s questions. I listened to the hearings for a while this morning, and she ducked every single serious issue, hiding behind the notion that she can’t discuss current issues, the court itself, or any issue that might come before the court.


Kagan’s not the only guilty party here; this game’s been going on for years. Remember when Clarence Thomas said he had no opinion on Roe v. Wade?


I’m sure Kagan will be fine on the court — not great, not inspiring, but perfectly adequate in that centrist I’m-really-a-liberal-but-embarassed-to-show-it way. She’s also, clearly, a very intelligent person who has spent years studying and thinking about Constitutional law. It’s crazy that she couldn’t have an honest discussion with the Senate Judiciary Committee. We all could have learned a lot from it.

Fiscal solidarity

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OPINION As Mayor Gavin Newsom prepares to skip town for the bleak limelight of Sacramento, he has left a resounding parting shot with massive budget cuts to those San Franciscans most in need of public aid: seniors, youth, homeless people, folks with mental illnesses, health clinic patients … the list goes on.

Newsom has balanced his final budget (and his campaign for lieutenant governor) largely on the backs of the poor, working-class, multiracial, and immigrant San Franciscans, as well as the nonprofits and city workers who deliver vital services.

The Newsom budget actually adds costs: by cutting services for the treatment and prevention of substance abuse and for youth crime prevention and supportive housing, for instance, it destabilizes lives and forces people right back into the treatment systems that are being cut — adding new human and fiscal costs.

"Every cut has a constituency," Newsom’s PR people say repeatedly. And that’s precisely what the mayor is counting on — that each "constituency" will fight on its own, for its own fiscal scraps. He’s wrong.

As members of a broad coalition of community and neighborhood-based organizations, labor unions, and civic leaders and residents across the city, we stand together in opposition to Newsom’s cuts-only budget and his attempts to divide "constituencies."

Fiscal solidarity means we recognize that an injury to one is an injury to all. "Constituencies" are in fact people whose lives cut across multiple budget line items. Cutting city parks is also a senior issue, as well as a youth issue. Closing mental health programs for the poor is not only an unnecessary moral outrage — it’s a public health and safety issue.

As members and supporters of unions and nonprofits, which are sometimes pit against each other in budget cut wars, we declare mutual support. The mayor’s cuts will mean drastically reduced services for those who need them most and deep staff cuts for city employees and nonprofit workers. We may work for different institutions under different budget line-items, but we’re fighting together as one community — one big "constituency."

Budget wars artificially divide communities that overlap and intermingle. Expressions of unity are put to the test by the budget "add-back" process that forces community groups to scuffle for scraps of cash — groups serving populations in critical need are set against each other, and whole communities are reduced to line-items.

We’re standing against fiscal wedge politics and demanding a real alternative. The budget must protect those most in need and be balanced by cutting first from the top instead of the bottom.

We are united for solutions — progressive tax measures on key wealth sectors that can and must pay their fair share to keep San Francisco the beautiful, thriving, diverse, and culturally rich city it is. We’re standing up for the city Newsom’s leaving, for the communities he’s cutting, and for progressive revenue — a tax to make downtown hotels pay their fair share, and a gross receipts tax on large businesses for starters.

Mayor Newsom: if you cut one of us, you cut us all.

This statement was signed by Christopher Cook, Budget Justice Coalition; Gabriel Haaland, SEIU 1021*; Gordon Mar, Jobs with Justice*; Eric Quezada, Dolores Street Community Services*; N’Tanya Lee, Coleman Advocates for Children and Youth*; Jennifer Friedenbach, Coalition on Homelessness; Guiliana Milanese, Jobs with Justice*; Christina Olague, Senior Action Network*; Sheila Tully, California Faculty Association, SF State*; Chelsea Boilard, Coleman Advocates for Children and Youth*; Joseph Smooke, Bernal Heights Neighborhood Center*; Carl Finamore, delegate, SF Labor Council*

* names for ID purposes only

In defense of Bay to Breakers

32

By Conor Johnston

OPINION An op-ed piece in the June 9 issue of Guardian (“When the rich can sit on the sidewalks“) was the latest in a rash of negative media stories about Bay to Breakers. I am not going to respond to that article specifically, except to thank the Guardian for giving us equal time.

For 99 years, Bay to Breakers has been lifting the city’s spirits, bringing fun, tax revenue, millions of tourism dollars, and nationwide attention to San Francisco. If ever we needed those things, it’s now, when we have record deficits, 47,000 people out of work, and may lose the football team that is named after us.

So let’s set the record straight.

Bay to Breakers does not cost taxpayers a dime. The event pays for all costs, including cleanup. And the permit fees and tourism generate tax revenue. ING probably dropped its sponsorship for reasons unrelated to B2B. Sponsors come and go. B2B will find another. Bay to Breakers is a financial boon for San Francisco. The event attracts thousands of people to the city; 49 of 50 states were represented by participants in 2008. The average tourist spends $505 in the local economy. Bay to Breakers is and always has been peaceful. There were fewer than five arrests reported this year. I have never seen a fight at B2B, not once, in seven years. Bay to Breakers remains enormously popular. There are about 100,000 participants and spectators, including many world-class runners.

This said, there are problems at B2B, namely public urination and the overall impact on the neighborhoods. We absolutely acknowledge that. But unlike the critics, we still believe in this city’s ability to solve problems.

How do we do it? Not with prohibitions — they are a retreat, not a policy. Sound policy takes effort, collaboration, and commitment. Let’s get the stakeholders together — neighborhood groups, race organizers, race supporters, SFPD, and city officials — and create a plan to protect the neighborhoods while preserving the race’s spirit.

Our group, Citizens for the Preservation of Bay2Breakers, is committing to raise money for 100 additional multiperson urinals and to leading the cultural campaign for more responsibility among participants. And we have other ideas:

Ticket people who urinate on or disturb private property.

Rent more toilets.

Implement multiperson urinals, which are six times more efficient and are one-third of the cost per user.

Improve the barricades to keep participants on course.

Increase revenue with a tiered registration for non-runners.

Host an event in the park that attracts participants out of the neighborhoods sooner.

I see in Bay to Breakers a celebration of what it means to be San Francisco, to be capable, to be unafraid of free expression and unapologetic of diversity.

I see world-class runners lined up next to 30-somethings in Elvis costumes. I see convalescent patients lining the sidewalk, smiling and taking pictures with Rambo and Cinderella. I see mothers pushing costumed babies. I see 100,000 happy faces. But most of all, I see a century-old civic institution that is worth fighting for. *

Conor Johnston is co-chair of Citizens for the Preservation of Bay2Breakers and a resident of District 5.

Psychic Dream Astrology

0

June 23-29

Happy Pride, Bay Area! You are so gay!

ARIES

March 21-April 19

If you make decisions purely to avoid drama, you won’t actually bypass it — all you end up doing is putting it off. Deal proactively with what’s in front of you or your self-esteem will crap out on you.

TAURUS

April 20-May 20

It’s far better for you to make new mistakes than to keep repeating the old ones, Taurus. Take a chance! Make some much-needed changes and know that success is worth the risk of failure this week.

GEMINI

May 21-June 21

It’s time for Ego Watch 2010, ’cause your opinion of yourself is wrecking havoc on your thinking. Thinking you’re the worst is just as egotistical as thinking you’re the best. Slow down and try to see things more clearly.

CANCER

June 22-July 22

Focus on the steps you can take instead of the ones you can’t. This is not the time to get hung up on negatives. Frame your wants and needs in positive terms to create the circumstances you want.

LEO

July 23-Aug. 22

Instead of overdoing it, take a step away from your frustrations and get a different perspective. Your problems hold within them the very solutions you are looking for. Take a deep breath and then go.

VIRGO

Aug. 23-Sept. 22

You can’t do it all at once and maintain your high standards of excellence, Virgo. Look at the load you are carrying and put some of that burden down before you fumble it all up. You’re on your way, pal.

LIBRA

Sept. 23-Oct. 22

If you stop trying so hard to fix your problems, you’ll get ahead of the game a lot quicker. You have situations that are real, and whether or not they suck, they are opportunities for you to be a bigger and better person. Rise up.

SCORPIO

Oct. 23-Nov. 21

The best way to deal with a whirling, twirling mind is to hold onto something steady. All signs point to simplifying and slowing down, Scorpio. It may feel more vulnerable, but your anxieties will thank you for it.

SAGITTARIUS

Nov. 22-Dec. 21

Try to notice how many times a day you focus your energy on what you hope will come or has already happened. Start affixing your attention on the present. You will strengthen your gut instincts if you do.

CAPRICORN

Dec. 22-Jan. 19

You need courage and self-preservation to get at your inner wisdom — no small feat for a wiseass like yourself. Trust in your impulses this week, and make sure to call on the lessons of your past.

AQUARIUS

Jan. 20-Feb. 18

Focus on securing a solid foundation in your relationships, or in your relationship to your sweet self! The sturdier your base is, the more wear and tear and changes you can take. Gradual progress yields results.

PISCES

Feb. 19-March 20

Being a sensitive soul isn’t easy, but that doesn’t entitle you to being a moody mope! Don’t let your moods cloud your vision this week as you endeavor to make your life a richer place.

Jessica Lanyadoo has been a psychic dreamer for 15 years. Check out her website at www.lovelanyadoo.com or contact her for an astrology or intuitive reading at (415) 336-8354 or dreamyastrology@gmail.com.

Welcome to Peter Darbee’s world

“The only thing worse than a thug is an ineffective thug,” a source, who has closely tracked Pacific Gas & Electric Co.’s activities for years, told us yesterday. “And that’s what [PG&E CEO] Peter Darbee is revealing himself to be.”

That’s pretty harsh, and isn’t just some hot air blown off by a disgruntled employee or a customer angry about a power shutoff. PG&E’s problem now is that since Darbee set out on the political adventure known as Proposition 16, this kind of characterization isn’t so far off from the sentiments publicly expressed by a number of powerful figures that the company must continue to work with.

California Public Utilities Commission President Michael Peevey wrote in an op-ed in the San Jose Mercury News that, “Pure and simple, Proposition 16 is a clever, brazen, buzzword-driven effort by one company to manipulate the California Constitution to protect its current monopoly.” Peevey isn’t exactly known as a PG&E hater –- green-power advocates have complained to the Guardian in the past that they think he’s too willing to honor the company’s requests. But Prop 16 clearly irked Peevey, who presides over the commission that decides whether PG&E will be allowed to raise rates.

Half a dozen state senators, including Senate pro tem Darrell Steinberg, rebuked PG&E over Prop 16, writing in a formal letter in December that it “calls into question your company’s integrity.”

On June 9, the day after voters shot down Prop 16, PG&E shares dropped 2.2 percent — the greatest decline of electricity utilities in the S&P 500 — possibly signaling a fluctuation in shareholder confidence. The Los Angeles Times ran a story pointing out (as the Guardian did) that the majority of counties that voted “no” on Prop 16 overlap with PG&E’s service territory, suggesting that the initiative dubbed by opponents as “PG&E’s power grab” was roundly rejected by its own customers.

Yet amid all the signs that PG&E had gone too far, despite all the indications that the utility had alienated regulators and political allies and royally pissed off its customers to boot, CEO Peter Darbee was patting himself on the back. While others were beginning to see Darbee as an unaccountable power-monger, Darbee evidently regarded himself as a fearless, courageous leader.

In a memo obtained by the Guardian that the CEO sent out to PG&E employees the day after Prop 16 was defeated, Darbee compares PG&E’s $46 million, failed quest to alter the state constitution through Prop 16 to the company’s decision to withdraw from the U.S. Chamber of Commerce. The utility won the respect of environmentalists when it dumped the national business organization last fall, denouncing its do-nothing approach to climate change.

Darbee suggests that PG&E’s willingness to take a stand in both instances is evidence of strong corporate leadership, but it’s an odd comparison to make. As Steinberg and other senators pointed out in their December letter, Prop 16 would’ve served to limit renewable energy development, not facilitate it. “It is unacceptable for a company that is falling behind in meeting state adopted goals for clean energy to impede the efforts of others who would attain those goals through innovative means,” Steinberg wrote.

Without further ado, here’s what Darbee had to say after Prop 16 went down. The essay, which was submitted as an opinion piece to the San Francisco Chronicle, is prefaced with a note to employees.

——————————————————————————————–
From: A Message From Peter Darbee
Sent: Wednesday, June 09, 2010 2:18 PM
To: All PG&E Mail Recipients; All PGE Corp Employees
Subject: After Election Day, A Reflection On Leadership

To All Employees:

As we look forward after the culmination of a hard campaign on Proposition 16, I wanted to share with you a short opinion essay that we submitted today to the San Francisco Chronicle. It addresses head on some of the questions we have all seen about PG&E’s stance on tough issues-from Proposition 16 to climate change, or any number of other examples many of us can no doubt recall. It makes clear that, in each case, our focus is on leadership, even-or maybe especially-when it requires tremendous courage.

I believe passionately that this is one of the aspects of our character that sets PG&E apart from many other companies. That’s been true throughout our history, and it’s even more true today.

As is always the case, the paper may or may not choose to print this piece. We hope they will. It’s an important and timely message for our customers. But it’s just as important and timely for all of us as employees. And, whether it appears in print or not, it’s a message we can all take heart in and carry forward proudly to others.

________________________________

The Price of Leadership

By Peter Darbee, Chairman, CEO and President, PG&E Corporation

Prime Minister Tony Blair said a few years ago, “I do not seek unpopularity as a badge of honour, but sometimes it is the price of leadership. And the cost of conviction.”

I was reminded of that observation this spring, as Pacific Gas and Electric Company came under widespread criticism for its support of Proposition 16, a statewide initiative to give people the right to vote on proposals to create risky new public agencies to provide electric power.

Many of those who criticized our support of Proposition 16 have long applauded our leadership at the state and national level on environmental issues and as a clean-energy provider. At the state level, PG&E helped champion passage of AB32, the Global Warming Solutions Act of 2006.

PG&E also supported California’s aggressive vehicle emissions standards, opposing efforts by a national business organization to overturn them.

At the national level, we were instrumental in forging an historic alliance of major utilities, other large businesses, national environmental groups and labor unions to support comprehensive and effective clean-energy and climate change legislation in Congress. The work of the U.S. Climate Action Partnership, of which PG&E has been a major contributor, is widely credited with inspiring major congressional initiatives on this vital issue.

While PG&E has been frequently honored for its environmental performance and commitment, including Newsweek magazine’s ranking as the country’s greenest utility in 2009, our environmental leadership has aroused controversy as well.

Last year, in a widely discussed move, PG&E withdrew its membership in a national business organization over fundamental differences on the need for climate change legislation. While a number of other major businesses followed our lead, others questioned why we broke ranks to support actions that could increase energy costs. We have explained, without apology, the science behind our stand and our careful choice of policies to utilize market forces to minimize costs.

Some of our longtime supporters, who decried Proposition 16, believe the PG&E they once admired lost its way somewhere along the line. I would tell them that their disagreement with us-which we respect-is the price of our leadership on important issues of the day. By staking out bold positions, we of course invite controversy. But the alternative is to be cowed by fear of criticism into ducking our leadership opportunities and responsibilities. Surely our society needs more leadership, not less.

After a lively debate, the voters have now spoken on Proposition 16 and we respect the outcome. We hope our critics will equally respect our willingness to participate in the system and engage on the important issues of the day. Through mutual engagement and mutual dialog, we can improve our company, our communities and our country.

The Daily Blurgh: Pissed librarians, neighborhood art, zoo babies

0

Curiosities, quirks, oddites, and items from around the Bay and beyond

I want my LGBTV! Prop 8 Trial closing arguments will not be televised.

*****

Andrei Tarkovsky made a whole lotta gorgeous films. He also took a whole lotta gorgeous Polaroids.  (Thanks Boing Boing).

*****

Mea Culpa: Sirron Norris offers this sincere, respectful open letter in regard to the mural dispute at 22nd and Mission. Whatever your opinion of his art, there is no denying that the man is all class.

*****

On the radar: The Bay Citizen previews the new, new media arts fest, City Centered, which kicks off in the Tenderloin starting tomorrow.

*****

UC librarians to Nature Publishing Group: We aren’t gonna take it!

*****

Speaking of libraries, the British Library has acquired all the papers of the late, great SF author J.G. Ballard. Lucky them.

*****

Cute overlords: Baby animals at the SF Zoo!

*****
“Oh, I’m a singer/ You’re a whore!” (NSFW, duh):

http://www.youtube.com/watch?v=eJ-2e5CyJgg

When the rich can sit on the sidewalks

77

By Tiny


OPINION Steel gates, steeds with silver spurs, lush red carpet lining the streets, uniformed officers guarding velvet-roped grand entrances to fancy costume balls while commoners are arrested if they so much as stop to rest on a nearby sidewalk. Sounds like the days of feudal England, or Marie Antoinette’s Paris. Guess again — its San Francisco, circa 2010.

In the wake of the proposed sit-lie law, which would make it illegal for poor people to sit or lie on any public sidewalk or street, the San Francisco is increasingly giving public streets and sidewalks away to large corporate festivals where rich, mostly white people stumble around with open containers, drunk and disorderly.

Since last month’s expanding Bay to Breakers "race," at which drunk, oddly dressed white people sat on curbs, stumbled into doorways, toppled onto the streets, and partied with entitled impunity as only people with race and class privilege can in this country, I have felt uneasy. This so-called run, supported by large corporations, has increased its land grab of several blocks of city streets, causing increased traffic, pollution, and blocked arteries for pedestrians, cyclists, and cars — all so that white people can party in undisturbed inebriation all across the city.

And if you think it was just a benign day of public drunkenness, think again. Several of my friends of color who made the mistake of being outside on race day were subjected to an onslaught of hate speech from some very threatening gang members (from the INGCHARLESSCHWABSTANFORD Gang. "You think this is Arizona?" "Are you here to be a valet?" "Go Back to Mexico."

I was riding my bicycle a week later only to be stopped on my route up Van Ness Street because of the two-day preparation, and then almost 24-hour exclusive usage of McAllister and Van Ness streets for the Black and White Ball. Again: a state-sanctioned, corporate-and-private-philanthro-pimped event for rich white people to get drunk and party on city streets.

Why is it that white people in a corporate-sanctioned party are seen as more safe or civilized than the rest of us — and how do houseless people, poor people, and people of color get criminalized in our own communities for the sole act of convening, standing, talking, or being?

It’s important to note that the rhetoric and propaganda in support of sit-lie has gone so far as to cite the struggle of disabled people to get by sidewalks "cluttered" with houseless people or businesses having their customers scared away by houseless folks convening. Yet the plethora of drunk people lying on sidewalks after Bay to Breakers are not seen as an obstacle to safety.

Tiny, a.k.a Lisa Gray-Garcia, is editor of POOR Magazine.

Worst worst movie?

0

INTERNATIONAL CINEMA It wouldn’t be a Cannes Film Festival without scandals onscreen and off. The recent 63rd edition found international media struggling to come up with some — Jean-Luc Godard’s no-show, the generally feh quality of competition films. Pretty weak. Little incited righteous outrage over artistic license as before: think of prior provocations by Gaspar Noé, Carlos Reygadas, and Vincent Gallo.

But last year there was not only Lars von Trier’s polarizing Antichrist but a film Roger Ebert called "the worst film in the history of Cannes." Kinatay nonetheless won Brillante Mendoza a best director jury prize. This unwatchable piece of arty trash (per Ebert) premieres locally this weekend. Clearly, differences of opinion will prevail.

Kinatay — i.e. "butchery," so Tagalog speakers are forewarned — falls into that Cinema of Punishment category von Trier, Noé, and ever-increasing younger filmmakers seem inordinately fond of. The basic idea being to rub your nose in it, "it" being the soullessness of contemporary life as illustrated by some combination of cruelty, tedium, unpleasantly graphic content, and aesthetic onslaught. At worst, movies classifiable this way exist for nothing beyond their smug, empty shock value. At best, they really do shock you into a state of heightened … something. Sensitivity? Dismay?

Kinatay is not a vanity wank à la Gallo’s The Brown Bunny (2003). Nor does
it over-enjoy the sadism it’s decrying a la Noé. It is grueling, not just in content terms but the viewer effort required. But it’s also a work by a clearly gifted filmmaker, the Philippines’ leading indie talent, serious in intent if problematic.

Newlywed police trainee Peping (Coco Martin) needs extra cash. So he agrees to a shady mission whose purpose is only gradually gleaned, to his horror: riding along with corrupt fellow cops as they abduct, beat, rape, and murder prostitute Madonna (Maria Isabel Lopez), ostensibly to punish her large drug debt.

Peping’s long night of squirming empathy, inaction, and major disillusionment feels like it passes in real time. Yet there’s considerable craft in Mendoza’s aesthetic choices, not to mention an uncommonly rich sense of teeming, dangerous Manila street life in his opening scenes. I highly doubt Kinatay was the worst Cannes film of 2009, let alone ever.

Ebert, freshly anointed by San Francisco International Festival celebration and generally considered a "seventh art" angel, has a history of such pronouncements. Prior movies he’s been appalled by include Blue Velvet (1986), I Am Curious (Yellow) (1967), Pink Flamingos (1972), The Tenant (1976), and recent Australian horror Wolf Creek (2005). The latter was terrific (and a commercial bust) precisely because it made its characters’ serial-killer’d travails truly punishing to watch. Ebert isn’t infallible, and "worst ever" pronouncements are often fallible in the extreme.

KINATAY

Sat/12, 7:30 p.m.; Sun/13, 4:30 p.m., $6–$8

Yerba Buena Center for the Arts, 701 Mission, SF

(415) 978-2787

www.ybca.org

Road rules

0

caitlin@sfbg.com

CULTURE Dear cars: I’m only doing my part to keep the air clean, and I promise you, I’m trying to stay in my lane when I have one. I’m looking as cute as I can astraddle my fly new ride, puffing up hills for health. Alas, your intermittent, unwarranted honk is a sorry companion to my bike high. “Get a car!” is a bummer too. Bicyclists sure enough have to put up with some shit.

Which is why we’re glad to have Eben Weiss, New York City’s outspoken Bike Snob. He’s won raves among the two-wheeled for his blog (www.bikesnobnyc.blogspot.com), which pointedly voices the frustrations of the biking masses. Sure, Weiss is opinionated — don’t get him started on brakeless bikes for civilian use — but in our recent phone interview, he articulated his ideas about transportation with an aplomb and wit I seldom hear elsewhere.

And by gosh, it’s only right he follow grand blogging tradition and put out a book. My chat with Weiss coincided with the start of his tour to promote Bike Snob: Systematically and Mercilessly Realigning the World of Cycling — he hits San Francisco Thursday, June 17 — a project that compelled him to shed the cloak of anonymity under which he had blogged for years. (Turns out he’s a looker.)

Right off the bat he told me, “There’s no such thing as ‘bike culture.'” Them’s fightin’ words in SF, which reveres the idea of a biking class that generates its own social mores, political convictions, and tasty microbrews. “As far as I’m concerned, I like to ride. So my ‘common cause’ is just to be happy. You have a lot of different kinds of cyclists. They do it for fitness, they’re into the environment … It’s like anything else: a lot of people doing a lot of things for a lot of reasons.”

Weiss is of the opinion that terms like “bike culture” have been used by the cycling industry to sell us things, a ploy that leads to the type of fashion victimology so snarkily snapped and captioned on his blog. “A decent bike and a good lock,” Weiss says. “And that’s really all you need. I think part of the reason the cycling media can drive you a little bit crazy is that there’s such an emphasis on equipment. You can spend hundreds or thousands on cycling-specific sneakers, on a bike that looks a certain way. I recommend that you get a bike, any bike. Spend as little money as possible — just you and the bike, that’s it.”

It’s refreshing advice, the kind you don’t usually hear from people who have been city-biking as long as Weiss has. I also asked him about traffic laws — he’s questioned their relevance to biking in the past. Do we obey the stop signs, Bike Snob?

“I think it’s important to remember that breaking a rule because it really doesn’t apply to you is different than breaking a rule because it’s exciting,” he tells me. “Anything that involves stopping is good. People who ride bikes think putting your foot down is an admission of defeat. I think they need to get over that. You have to be nice to pedestrians. You have to treat others with the same respect you want motorists to treat you with. Not riding on sidewalks is a good rule.”

Indeed. He’s also got words for nonbikers that they would do well to heed. Avoid referring to your cyclists friends as “Lance Armstrong,” groping on their top tubes without permission, and asking them whether they’re impotent.

And for God’s sake, quit asking if bike accident victims were wearing a helmet. Weiss, in the traffic safety chapter of his book entitled “Why is Everyone Trying to Kill Me?” has gone on record about his neutrality regarding society’s “all helmet, all the time” insistence, calling it something of a misguided fixation. This is not the politically correct line to walk for a bike activist. He’s caught flack for being seen at road races lacking the proper headgear.

But unlike other prominent figures in the bike world who rally fellow cyclists under one flag or another, Weiss doesn’t consider himself an activist so much as a curmudgeon. (Albeit a curmudgeon with a hot blog, a new book, and a heady slew of good ideas.) His popularity may be a result of his non-hectoring, yet still bitingly impish, attitude — an attitude that, whether he likes it or not, jibes well with the current bike culture. Ride on, Bike Snob, we’ll be reading.

BIKE SNOB BOOK SIGNING

Thurs/17 6:30–8 p.m., free

Sports Basement

1590 Bryant, SF

(415) 575-3000

www.chroniclebooks.com/bikesnob

Should Antonini recuse himself from Lennar vote?

1

As a Newsom appointee, Planning Commissioner Michael Antonini is expected to be a key vote today in favor of Lennar’s massive redevelopment plan at Candlestick Point-Hunters Point Shipyard.

And then there’s the fact that he wrote an op-ed for the San Francisco Business Times in December 18, 2009, suggesting that business, civic, labor and government leaders can keep the 49ers in town by “joining forces to assist in needed repairs and improvements to Candlestick Park and to expedite development of the Candlestick Point Hunters Point Shipyard, a project that features a “state-of-the art,” 69,000-seat football stadium.”
(The full text of Antonini’s op-ed is included at the end of this post to put his words into full context.)

But Antonini’s cheerleading has got some folks questioning his impartiality when it comes to the decisions that members of the Planning and Redevelopment Commissions will make today around certifying the project’s Final Environmental Impact Report (FEIR) and adopting related environmental findings.

In a June 2 letter to Planning Commission president Ron Miguel, Arthur Feinstein of the Sierra Club, Mike Lynes of the Golden Gate Audubon Society, Jennifer Clary of San Francisco Tomorrow and Jaron Browne of POWER (People Organized to Win Employment Rights) claim that “Commissioner Antonini has clearly prejudged the proposed project and become a strong advocate for locating a football stadium for the 49ers at the Hunters Point site as part of this project.”

“He has publicly urged others to support that stadium and cannot impartially review the record before him to determine whether the EIR is adequate, accurate and objective and whether adequate measures are required to protect the environment,” the foursome continue.

 Noting that he could have chosen to sign the December 2009 op-ed as a Member of the Republican County Central Committee, Feinstein, Lynes, Clary and Browne observe that Antonini “ instead identified himself in the capacity where the law requires him to act impartially – as a Planning Commissioner.”

With others arguing that Antonini’s right to express his opinion is protected by the First Amendment, and Antonini planning to read a rebuttal into the record at 1 p.m. today, it sounds like there’ll be plenty of drama at today’s hearing.

Antonini’s Op Ed in San Francisco Business Times

Friday, December 18, 2009
Business leaders can save the Niners
San Francisco Business Times – by Michael J. Antonini

“The 49ers are deeply and historically identified with San Francisco. San Franciscans Vic and Tony Morabito founded the team in 1946, many years before the Giants moved from New York and the Warriors from Philadelphia.

Hence business, civic, labor and government leaders are joining forces to assist in needed repairs and improvements to Candlestick Park and to expedite development of the Candlestick Point Hunters Point Shipyard, a project that features a “state-of-the art,” 69,000-seat football stadium. Leaders from the Committee on Jobs, the San Francisco Chamber of Commerce, Recreation and Park and others are asking businesses and individuals to help with funding of improvements at Candlestick in return for advertising. These improvements could translate into increased revenue for the contributor, the city and the team. Replacement of aging seats and a highly visible new luxury section are two concepts being studied.

Naming rights to Candlestick Park is an attractive opportunity for a company or an entity to gain nationwide exposure and local acclaim — and, perhaps, position itself to be a key contributor when a new stadium is built at Hunters Point. No new stadium can be built anywhere without significant private investment, in addition to $100 million assured from Lennar Corp. as a precondition of development rights and the amount which the 49ers ownership would invest.

On Thursday, Dec. 17, the San Francisco Planning Commission was to hear comment on the Draft Environmental Impact Report for the Candlestick Point Hunters Point Shipyard Plan. Because this plan features many diverse uses, particularly huge amounts of housing, funding is being rapidly obtained for greatly improved transit and traffic access.

San Francisco must avoid the errors of the past, when we failed to build an arena for indoor sporting, major conventions and entertainment events. Such a facility could have brought huge amounts of revenue to San Francisco businesses.

Leaders have twice stepped up to save the San Francisco Giants. One would expect no less from our leaders when dealing with our home grown, five- time Super Bowl champion San Francisco 49ers!

Michael J. Antonini is a planning commissioner for the City and County of San Francisco.”

 

“Beach, fun, drinks, girls, and a good time”: Chico Trujillo is your Memorial hangover cure

0

Thank you holiday weekend, you have memorialized whatever brain cells and desire to integrate into the everyday world of not being drunk by 2 p.m. I still had left. I suppose it was a fair trade for all the lovely memories that I of course won’t remember. Shall we turn then, to something fun that’s happening this upcoming weekend (Fri/4 La Peña Cultural Center) to keep us going? A lovely South American cumbia party that goes by the name of Chico Trujillo? Hurry, before sobriety catches you, cue the mp3 and hold on for the interview! 

Click here, then proceed.

Now that the tunes are swirling through those alcohol and sunshine wasted synapses — a note of historical significance. For those who have never ratcheted their hips to a sensual beat on a cobblestone colonial street, cumbia originated in the wilds of Colombia. It was originally played for courtship rituals by the area’s enslaved African population. Throughout the years, cumbia’s rolling stone gathered snippets of the culture around it, rhythms from the indigenous Colombians, the use of European instruments, etc, etc. Let’s just say it was adept at bringing people together to party.

Chico Trujillo (who are good old chicos from Chile), inherited this mish-mash legacy, and saw it the addition of ska — a fact which imparts an evident swagger to their most recent release, Chico de Oro. Although on the whole, Chilean cumbia’s been ceding its popularity to the ear drum exploding beats of reggaeton, Chico Trujillo’s gigs still get crazy and light roofs on fire, I guess symbolically speaking. 

Heartened by how cool it’s proven itself to be in the homeland, Chico’s now taking its show to Gringolandia — they’ll be rocking the stage at La Peña Cultural Center as part of that East Bay progressive organization’s 35th anniversary party. I chatted with the band recently via email, and their responses, I guarantee, will make that first day back on your grind a little smoother to jibe with.

 

San Francisco Bay Guardian: I’ve heard that most of your shows in Chile sell out. They sound like amazing parties. What makes a good party, in your opinion? 

Chico Trujillo: In Chile, a good party means the best loud music, best drinks, nicest women (and men, I guess), and everybody dancing and singing. But I think that is a good party anywhere. And yes, all of our shows sell out.

 

SFBG: Oh my. What makes cumbia so awesome?

CT: Its simplicity, and its hypnotizing effect on the people. Once we start, the people just can’t stop, and neither can we.

 

SFBG: Tell us about the social issues you touch on in your music. Do you consider yourselves activists?

CT: As human beings, we consider ourselves activists, and are very concerned with social issues happening in Chile. Although we may not always agree with the “left” all the time (and almost never with the “right”), we do actively participate in events that we feel are important. [There’s] a lot of things concerning the environment in Chile, the native people’s rights there, etc. We just arrived in the US, and have seen non-stop on the TV things about the oil spill.  We would love to do something, anything to help that out. But as for our lyrics, and the music of Chico Trujillo, well, they speak more to the utopian ideals that we have of beach, fun, drinks, girls, and a good time, a break from the real world – [which is] the only things people should think about when we hit the stage. If everyone lived by the lyrics of Chico Trujillo, the world would be a better place…

Chico Trujillo feat. Tokezon

8-10 p.m., $15-18

La Peña Cultural Center

3105 Shattuck, Berkl. 

(510) 849-2568

www.lapena.org

The hidden zinger in Prop. 14

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By Richard Winger

OPINION Proposition 14, a June 8 ballot measure, would mandate that all candidates for Congress and state office appear on the same June ballot, and that all voters use that ballot. Only the two candidates who got the highest vote totals could run in November. Even write-ins would be banned in November for Congress and state offices.

Prop. 14 also has a hidden zinger in it that would remove the Peace and Freedom and Libertarian parties from the ballot. But so far only one daily newspaper has mentioned it — the San Francisco Chronicle, in a March 11 story by Wyatt Buchanan. The state ballot pamphlet says nothing about this particularly nasty detail of Prop. 14.

California has six recognized political parties: Democratic, Republican, American Independent, Green, Libertarian, and Peace and Freedom. The parties remain ballot-qualified either by polling 2 percent of the vote for any statewide race in a midterm year (all parties get a free ride in presidential years) or by maintaining registration equal to 1 percent of the last gubernatorial vote.

In practice, it’s far easier for the smaller parties to meet the first test. The Peace and Freedom Party has 58,000 registered members, and the Libertarian Party has 85,000 registered members. But these parties always meet the 2 percent vote test. Minor parties typically draw far more votes than they have registered members.

The problem is that Prop. 14 eliminates, in practice, the 2 percent vote test. Under Prop. 14, no party officially has any nominees for any office except president and vice-president. And since minor party candidates almost never place first or second in the June primary, minor party members would never be able to run for statewide office in November. And, the catch is that only the November vote counts for meeting the 2 percent vote test.

Prop. 14 also says that members of unqualified parties will not be permitted to list their party label on the June ballot.

The real irony is that the big newspapers of California know about this problem with Prop. 14 but refuse to mention it. That’s ironic because back in 1981, when Democrats in the Legislature wanted to toughen the ballot-access requirements, the big newspapers of California denounced that bill with full fury. Forty of California’s biggest newspapers, TV stations, and radio stations editorialized against that measure.

This year the Los Angeles Times (which led the charge for minor-party access in 1981) refused to mention that Prop. 14 has the same characteristic as that bill, only worse. The Times has rejected at least 10 op-eds submitted by various individuals in the last year that mentioned this problem. None of the Los Angeles Times stories about Prop. 14 have mentioned it. None of the political columnists for that newspaper have mentioned it.

Prop. 14 is supported by the Chamber of Commerce, the for-profit health insurance companies, the for-profit hospitals, and various multimillionaires, and the Yes on 14 campaign has a huge war chest. Why won’t the L.A. Times even mention this flaw in the measure? Who are the big dailies afraid of offending?

Richard Winger is the editor of Ballot Access News.

 

FCC seeks input on new media ownership rules

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By Kaitlyn Paris

The Federal Communications Commission filed a Notice of Inquiry on May 25 asking for public input on its changing media ownership rules. Citizens concerned about proposals to expand corporate control of local television, radio, and print should submit their views within 30 days via the FCC website. The list of 107 topics can be found here, along with Commissioner’s statements outlining the intent and scope of the rules and comments.

The request for public opinion is aimed at gaining information on almost every aspect of media for the purpose of shaping laws that encourage competition, localism, and diversity. In the last two reviews, however, the FCC decided to relax ownership rules across media platforms, giving corporations more leeway in acquiring multiple outlets and triggering an overwhelming backlash from the public.

“I have many times expressed my displeasure with the way this review was handled in its previous two incarnations,” wrote Commissioner Michael Copps in his inquiry statement. “Hopefully, the third time is the charm.”

The deregulation initiatives proposed in 2003 and 2007 were blocked by lawsuits, but with this Notice of Inquiry the process has officially begun anew even as the 2007 decisions are contested in court. “We want to finish this proceeding by the end of the year, but from my experience, it is a very hot button political issue,” FCC Media Bureau staffer Krista Witanowski told the Guardian. “It could take a year to two. The goal is to finish it within the year.”

After the time for comments has lapsed, the Commissioners will review them and issue a Notice of Proposed Rulemaking. “We’re trying to get more concrete information,” Witanowski said. “But that doesn’t mean that when this gets going people won’t make a push for all intensive meetings with Commissioners.”

In preparation for its mandatory four year review, the FCC hosted the last of three cross-country “workshops” at Stanford on May 21. Since 1975 the FCC has banned a single entity from owning both television, newspaper, or radio in one local market. The possibility of increased corporate conglomeration of various media outlets brought together concerned citizens and a mix of panelists for discussion and public comment.

The Internet, big business interests argued, provides sufficient alternative news to avoid monopolization of editorial views and broadcasting resources. Ruth Robertson, a member of the Raging Grannies who protested with signs and cookies outside the workshop, is concerned about the digital divide and its effects on already marginalized groups. “It’s easier for someone younger than me to say the Internet is a whole new world,” said Robertson, citing the ease with which her children learned to use computers and the high proportion of seniors who don’t use the web. “Big media tries to make the case that ‘oh well there’s the Internet so there’s this great variety.’ In actuality you can search a certain topic but you’ll see the same quote over and over again.”

Ravi Kapur, panel member and vice president of KAXT-CA Channel One, contends that current news practices ignore the needs and concerns of Bay Area communities. If deregulation occurs, Kapur is worried that smaller frequencies like his will be quieted. “We’ll be wiped out and the corporations will do the same stuff. You’re not going to get Vietnamese newscasts or newscasts in Tagalog and that’s what we’re doing. Other broadcasters could easily do it but they choose not to, that’s why they complain and say they need to streamline their costs. Why don’t they innovate? I don’t want to encourage competition, but they have more resources than us.”

No Commissioners were present at the conference, though it was moderated by staffers from the Media Bureau. Public opinion weighed heavily on the side of upholding regulations. Tracy Rosenberg, a member of Media Alliance (a group involved in the lawsuit blocking the previous FCC decisions) described the concerns she and other attendees voiced: “As members of the public I think mostly their concerns were previous media consolidations. People anecdotally have seen more wire coverage, more repetitive stories, less independent investigative reporting in their neighborhoods.”

If you didn’t hear about the workshop, you’re not alone. Only one network, KGO 7, turned up to cover it. In the weeks leading to the meeting little was done to draw attention and public participation. Tiffiniy Ying Cheng, panelist and co-founder of the Participatory Culture Foundation, thought the FCC could have reached out to the Palo Alto community. “There were very few students and very few people in general, especially for public comments,” she wrote.

With the Notice of Inquiry the public now has a short chance to submit their opinions online without taking the time to attend a workshop. Even without wading through the 35 page inquiry, most Bay Area community members have some input on the current state of local news, issues surrounding consolidation, big media mergers, or net neutrality. Now is the chance to give the FCC a piece of your mind.