PG&E

Where to now, SFPUC?

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› sarah@sfbg.com

Months after Mayor Gavin Newsom announced his intention to get rid of San Francisco Public Utilities Commission general manager Susan Leal, his appointees on the SFPUC board finally made if official on Feb. 20.

But the reasons for the previously unexplained move that have finally started coming from Newsom and his surrogates have only added to the confusion and concern over why Leal got canned and whether Newsom has compromised this important agency’s work for political reasons.

Leal was terminated without cause and is thus entitled to the $400,000 severance package from the contract Newsom used to convince her to move from city treasurer to SFPUC chief in 2004. Nonetheless, in the days leading up to the Feb. 20 hearing, the Mayor’s Office made a series of unsubstantiated allegations, including the claim that Leal botched negotiations with JPower over combustion turbines in Potrero Hill, that she was too much of a political animal and not enough of a team player, and that she didn’t focus enough on Newsom’s environmental initiatives like tidal power.

At first, Leal tried to handle her termination gracefully: for example, she told the Guardian that tidal power "is really expensive, doesn’t generate much power, and is a difficult process to get approved, environmentally speaking."

But then Newsom told reporters that city officials had discussed terminating Leal for cause, so that the SFPUC could avoid paying her severance, but eventually decided against it to avoid potentially expensive litigation costs. At that point, with the implication that she had done something wrong, Leal’s gloves came off.

"I really wanted to go out on the high road," Leal told us after Newsom’s latest allegations hit. "It’s unfortunate that the Mayor had to resort to 11th hour innuendo to try and justify what he did."

Leal notes that city officials never undertook a performance evaluation of Leal or the SFPUC, which would usually form the basis for an expensive effort to remove a high-profile public official. So why did Newsom really dump Leal?

Was it her creation of public power projects that earned her the scorn of Pacific Gas and Electric Co.? Was it her environmental initiatives, ranging from a biofuels program to a ban on bottled water, which seemed to show up Newsom? Was it the fact that she was a strong and independent woman in a male-dominated political landscape?

One clue can be found during the agency’s Nov. 14, 2007, meeting — just before Newsom announced he wanted Leal gone — in which SFPUC president Dick Sklar ripped into Barbara Hale, the assistant general manager for power, after she made a presentation on the agency’s long-term energy goals.

Sklar objected to Hale’s presentation, claiming, "It implied adoption of principles stating that the SFPUC was going to be in the public power business and take over public power generation in the city, making statement of principles totally inconsistent with anything the commission had adopted."

Equally disturbing to staff was the abusive way Sklar delivered his message.

"It was very painful," Leal told us. "It got so bad I had to intervene. I’m not going to allow my staff to be yelled at."

At issue was the agency’s plan to underground gas lines in Bernal Heights and extend its transmission lines, which Leal described as "a gimme. We have the easement all up the peninsula."

Beyond her openly pro–public power stance, Leal speculated that her friendly working relationship with the Board of Supervisors, including board president Aaron Peskin and Sups. Bevan Dufty and Sophie Maxwell, tweaked the mayor, who at times has seemed to have a personal vendetta against his former board colleagues.

"Maybe the mayor thinks that I’m too close with them. But we did more than just talk about climate change. We actually addressed it," said Leal, who convened a world-renowned climate change conference in San Francisco last year — on the same day Newsom was confronted by his then campaign manager Alex Tourk about the affair Newsom had with Tourk’s wife, Newsom’s commission appointments secretary Ruby Rippey-Tourk.

"Why am I fighting back, not going quietly?" said Leal, whose removal is effective March 21. "Because this is too big not to. I actually really like this job and will be going in to work for the next 30 days."

Addressing allegations that she mismanaged the JPower negotiations, Leal explained that PUC staff drew up a term sheet with JPower and presented it to the commission’s governing body. And it was at that point, said Leal, "that Commissioner Sklar popped off," claiming that the contract’s terms were terrible and should be renegotiated.

In the end, all five commissioners approved a description of the contemplated transaction with JPower, including a brief description of Sklar’s preferred alternative, which, as it turned out, had problems of its own.

"So, there never was a deal," Leal told us. "JPower was pushing the city to pay more money up front because it knows PG&E will do everything it can to make the implementation of JPower’s contract tough, and the city was pushing to pay the money later and so reduce its own risks."

Today, the PUC continues to work with JPower on a contract that has taken years to formulate and that, Leal notes, will ultimately allow the city to own the plant.

"So, if we want to shut it down, or run it on alternative fuel, we’ll have control," Leal told us. "My goal was to make the PUC as viable and green as possible."

She believes Sklar didn’t turn against her leadership until she started to push things that infringed on PG&E’s monopoly. "Did PG&E get me fired? If I was PG&E, I’d want me fired," Leal said.

Maxwell is a strong advocate of the Newark-to–San Francisco transmission line Leal sought, not just because it would help reduce environmental burdens in Maxwell’s heavily polluted southeast district but also because it would give the entire City more ability to bring in cleaner power.

"We could do large-scale solar in the Central Valley, as well as wind and geothermal energy. It would allow us to hook renewable power into statewide grid," Leal said, noting that the link would also allow the city to import the electricity it generates at Hetch Hetchy without using PG&E’s expensive lines.

Leal noted that under her leadership, the PUC tripled the city’s municipal solar generation. "But we don’t control residential solar. PG&E does," she said, noting the city is lagging at getting solar panels on homes but leading at doing in on public buildings. "It’s too bad PG&E couldn’t have made it easier for people."

Maxwell says she’ll miss Leal.

"I don’t think we’re going to be better off without her," Maxwell told us. "Susan is independent, a straight shooter, a grown up woman trying to make a difference and listening to all sides. She knew we had to be involved regionally. She also understood we have to have relationships with both sides of the hall."

Convinced that PG&E had something to do with Leal’s demise, Maxwell also believes the stinky sewage digesters, which sit down the road from her own house, need to be removed, not retrofitted, as Sklar recently advocated.

"The digesters need to go," Maxwell told the Guardian. "No other place in the nation, to my knowledge, has digesters within 25 feet of people’s homes."

Noting that Controller Ed Harrington, whom Newsom has nominated as the next general manager of the PUC, has a financial background, Maxwell says the question of what to do with the digesters should not be about money.

"We need to do the best we can for people, in the most economic and financially prudent was possible, but people must come first, "Maxwell told us.

Maxwell said these recent power struggles at the PUC convinced her to join seven other Supervisors in placing a charter amendment on the June ballot that will make it easier for supervisors to block mayoral appointees to the agency and will also require that PUC nominees have appropriate awareness and skills.

With a proposed $4.3 billion program in the works to upgrade the aging Hetch Hetchy system, which provides water to 2.4 million Bay Area residents, will the newly nominated Harrington be able to address water conservation, efficiency and recycling, without causing further harm to the Tuolumne River — all while dealing with battles over public power and wastewater concerns?

Noting that he began his City Hall career as Assistant General Manager for Finance at the PUC, a position he held for seven years before becoming City Controller 17 years ago, Harrington told us, "This is not the perfect way to walk into a position. Susan and I are old friends, she’s been very gracious, and has made it known that I had nothing to do with her removal. And I’m trying to be gracious. There’s no need to criticize her."

Leal, who calls Harrington a friend, said she believes Harrington "will push a little bit, but how much independence he can take and preserve remains the question."

Neither Sklar nor representatives from the Mayor’s Office returned calls from the Guardian. But Sup. Chris Daly, who saved Sklar’s neck by leaving the board one vote short of the supermajority required to reject a PUC mayoral appointee, told us, "I don’t think Sklar is Newsom’s tool. He’s bigger than that. If I thought he was not independent from PG&E, I wouldn’t have voted from him."

In fact, he said perceived lack of PG&E independence was why he joined seven other supervisors in voting against reappointing Ryan Brooks, who Newsom then nominated to the Planning Commission on the same day Leal was fired.

In the dark with Susan Leal and PG&E

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small susan.jpg vs. pge.png
During last night’s City Desk News Hour, the Chronicle’s Marshall Kilduff, Cecelia Vega, Rachel Gordon, Marisa Lagos, and I were discussing SFPUC appointments and the ouster of manager Susan Leal — which I blamed at least in part on PG&E’s influence — when suddenly the power went out in the television studio. Wow, we joked, PG&E was really playing hardball now. The lights and cameras came back on after about 10 minutes and we finished the show, careful not to again anger those with power (well, OK, not really).

Yet the real news on the SFPUC/PG&E/Leal front was made on the second half of the show (which is actually taped earlier in the day, whereas our part is live) when host Barbara Taylor interviewed Leal, her first extended comments since she was inexplicably fired by Mayor Gavin Newsom and then hit by a car in front of City Hall. Leal said she was more shocked than anyone that she was sacked by Newsom — who, to her face, said she was doing a fine job — and she still doesn’t fully understand it. But she did lay out some possibilities, including her public power moves that upset PG&E and innovative green programs that upstaged the moribund Mayor’s Office.
If you have Comcast cable, check out the show on Channel 11 when it replays tonight and Sunday night, both at 8:30 p.m.

The Dick and Susan show

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The battle over the future direction of the San Francisco Public Utilities Commission took a dramatic turn Feb. 12.

A super majority of the Board voted to reject mayoral appointee Ryan Brooks, but Sup. Chris Daly joined mayoral allies Sups. Michela Alioto-Pier, Carmen Chu, Chris Daly and Sean Elsbernd, thus leaving the Board one critical vote short of the super majority currently required to reject mayoral appointees to the PUC, the city agency that wields control over Hetch Hetchy water and power, and San Francisco’s sewage and waste water systems.

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DIck Sklar testifying before the Board, as he battled for his PUC seat

These votes came after Sups. Sophie Maxwell and Bevan Dufty declared it was time for new blood on the board, Sup. Sean Elsbernd argued that the PUC-related charter amendment, which the Board has just placed on the June ballot and which requires only six Supervisors to reject a PUC appointee, is a better way to secure a new commission, and the 73-year-old Sklar, who has been ill with pancreatic cancer, appeared in person to deny, amongst other things, allegations that he is a PG&E flak.

PG&E wins a big one!

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By Bruce B. Brugmann

The email came in to me from a City Hall source during Tuesday’s meeting of the Board of Supervisors.

“Are you hearing the same thing I am about Daly possibly approving Sklar’s appointment? I can’t get my head around why he would do that, if the rumor is true.”

I sent a note back saying that our understanding at the Guardian was that there were seven solid votes against the mayor’s nomination of Richard Sklar and Ryan Brooks for reappointment to the San Francisco Public Utilities Commission, a longtime PG&E bastion in City Hall. The swing vote, I said, was Sup. Gerardo Sandoval, but he appeared to be resisting the massive pressure on him to vote for Sklar.

My source was right. Sup. Chris Daly did the ignominious thing and voted for Sklar and gave him the vote he needed to stay on the PUC, on a 7-4 vote. (It takes eight votes to reject a mayoral nomination.) Daly in the process did the following: (a) gave PG&E a major victory, (b) gave the mayor a major victory, (c) allowed Newsom’s campaign manager and key strategist, Eric Jaye, with PG&E as a major client, to claim a major victory, (d) helped assure the firing of PUC General Manager Susan Leal (Newsom had fired her earlier because, in the opinion of the Guardian and other public power supporters, she was making some baby steps toward public power), (e) helped assure that the PUC would most likely be a safe haven for PG&E for yet another few years.

And Daly did it without tipping his hand in advance and letting his public power and other supporters know what he was doing. Nor did he explain his vote at the meeting. Nor was he available after the vote to explain.
What happened? “He’s painfully qualified to serve on such a commission,” Newsom told Cecilia Vega, the Chronicle’s City Hall reporter, for her excellent story today. Sarah Phelan, the
Guardian reporter covering the meeting, tried in vain to get a comment from Daly and even went to his office after the meeting. No luck.

But Daly did post a comment on Steven T. Jones’ blog story in which Jones reported that Daly “flipped his vote” on Sklar and described it as a “surprising and inexplicable move.” Jones posted the item at 3:43 p.m. Tuesday.

Daly posted his comment 57 minutes later at 4:40 p.m.,. He wrote that he “never ‘flipped’ my vote on Sklar, because I never committed to vote against Sklar. I also didn’t cut a deal with any Sklar supporters–I quickly terminated the only call I received from a Skar supporter.

“Not that it wasn’t a very difficult vote, especially considering the company I had on the vote at the Board.

“I am strongly against the removal of Leal and the associated $400,000 payout and have expressed my concerns about the Mayor’s meddling in Commission affairs. When I brought this up, Skar admitted to me that he did not handle this well. But on other subjects, Sklar has shown independence from Newsom–most notably on the issue of the peaker plants and the Charter Amendment. I also believe Sklar when he says he’s not against public power.

“So here I am looking at a Commissioner that is clearly qualified and has shown some independence, but with whom I’ve disagreed on a number of issues. I just don’t think that rises to the level of meriting a rejection. That also doesn’t rise to the level of deserving an appointment if I was the appointing authority.”

C’mon, Chris. This is pretty lame stuff for a guy who likes to kick ass all around City Hall and the Hetch Hetchy watershed. You’ve been out there on a host of good issues over a long period of time, including public power and kicking PG&E out of City Hall. So what happened? (I’m sending this blog over to your office to give you a chance to answer.)

And so Daly joined the emerging PG&E Three on his vote: Sups. Michela Alioto-Pier, Sean Elsbernd, and Carmen Chu. And he rejected seven solid votes for public power and against PG&E by supervisors who deserve gold stars in their lapels: Sups. Aaron Peskin (who led the charge), Ross Mirkarimi (the cca and public power generalissimo), Tom Ammiano and Jake McGoldrick (all good on the issue), Sophie Maxwell and Bevan Dufty (who came through nicely), and Sandoval, who did the right thing while having a lot to lose because he will be running for judge. He was told during the intense lobbying campaign, sometimes bluntly, sometimes obliquely, that he would get lots of support and money if he went for Sklar and lots of pain and punishment if he went against Sklar. Good going, Gerardo.

And Sklar? Well, he’s never shown us the slightest interest in pushing public power and taking on PG&E during his long PUC tenure and he wasn’t reappointed by the Mayor/Jaye/PG&E to suddenly turn state’s evidence on PG&E. If he were the statesman his supporters were portraying him to be, he would have turned down the appointment and made some helpful comments. Instead, he took the occasion, in his appearance before the board, to trash Leal and say, according to the Chronicle, “‘I supported Susan for mayor in 2003. She’s my friend,”” he said. “”But this is not the job for her.'”

The Chronicle neatly pointed out that, during the meeting, Sklar “declined to offer specifics about why he thinks Leal should go.” Note the Newsom/Sklar spending habits: If the board votes to terminate Leal’s contract next week, she stands to collect a severance package of more than $400,000.

The Chronicle also pointed out that Sklar had mounted a “vigorous campaign to keep his post on the commission by meeting with supervisors beforehand.” The story also said that Sklar had rounded up support from a batch of high profile politicians: former mayor Art Agnos and Willie Brown (both of whom operated as PG&E aliles during their reigns), Sen. Dianne Feinstein (a PG&E ally who negotiated the sellout Turlock/Modesto power contract that cost the city millions) and House Speaker Nancy Pelosi, a PG&E ally who led the fight to help PG&E privatize the Presidio and turn the public power base over to PG&E’s private power. Like Sklar, none of them have taken on PG&E on much of anything ever.

Let’s have a show of hands on this one: how quickly will Sklar, with PG&E support and allies like these, put even a tiny pebble in the path of the PG&E steamroller on the PUC? I’ll keep you posted. B3

Click here for Steven T. Jones’ blog, Daly’s comment, and Kimo Crossman’s comments.

Read Kimo Crossman and Chris Daly’s full blog comments after the jump.

Reject Dick Sklar and Ryan Brooks from the PUC

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By Bruce B. Brugmann

2/12/08

To the supervisors (by immediate fax and email):
It is high time for the supervisors to stand up to the mayor today and reject his PG&E friendly nominees for the PUC and PG&E’s latest attempt through PG&E’s Eric Jaye (PG&E is his client) to keep the PUC safe for PG&E for yet another generation. It is high time to start undoing the longtime policy: When PG&E spits, City Hall swims.

B3, who is watching the fumes from the ruinous Potrero Hill power plant from my office window at the bottom of Potrero Hill, courtesy of PG&E

Click to read editorial: Reject Sklar and Brooks

Click to read editorial: Standing up to the mayor

I’ll keep you posted on yet another chapter in the ongoing PG@E/Raker Act Scandal, which the Guardian and I consider the biggest urban scandal in U.S. history. If you doubt it, check our stories and editorials since l969.
B3

BG v SFW lawsuit: I take the stand

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I took the witness stand today to testify in the Guardian’s lawsuit against the SF Weekly and its parent, Village Voice Media, the chain formerly known as New Times. I talked about why I worked for the Guardian, why I’d stuck around for more than 25 years and why I believe in the paper’s misssion.

The point I tried to make: The Guardian is a community institution. We care about this city; we care about people and issues and arts and culture, and whether you agree or disagree with our political stands, we’re part of San Francisco — and our readers have always known that. The Weekly is part of a chain based in Phoenix.

And yeah, I think local ownership matters, and I think independent papers matter, and I think it sucks that the Weekly has been selling ads below cost and trying to hurt our ability to compete. The Weekly has been losing tons of money; when VVM/New Times owned the East Bay Express, that paper lost tons of money, too. Over the past 11 years, the chain has lost $25 million in the Bay Area. That’s what happens when you sell ads for less than the cost of producing them.

And it only works, and it only makes sense, if you have a big chain that can subsidize the losses in the hope that the locally owned competitor will be driven out of business. (That, by the way, is what this suit is all about.)

As I pointed out, I don’t have the luxury the SF Weekly editors do; I have to live with the money we make by selling ads. If that revenue goes down, I have to cut costs. The Weekly editors don’t have to meet that kind of budget; they can just get more money from headquarters.

The Weekly’s lawyer, Ivo Labar, went after me pretty hard on cross-examination. He tried that old saw that the Guardian writes too many stories about PG&E; I told him that if the Washington Post had decided that Watergate was a one-day story, American history would be very different. He suggested that I was a bad editor and that the paper was losing readers because we had nothing valuable to say. I’m afraid I have to disagree.

But in the end, the facts and the law are on our side in this case. I’ll keep you posted.

PS: BeyondChron has been doing a good job covering the trial, which, the online news outlet points out, is about more than just a business dispute — it’s crucial to the future of independent media.

Newsom’s fixers

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EDITORIAL Mayor Gavin Newsom is acting more and more like his predecessor, Willie Brown. It’s an alarming trend, and Newsom needs to take some steps right away to assure the public that he’s not letting political fixers run the city.

We’ve been seeing signs that Newsom is becoming more of an imperial mayor for months, ever since he launched his new administration with a demand that all of the department heads and commissioners resign. The idea, he said, was to bring a fresh start and new ideas to his second term — but he never explained exactly what those new ideas were or why the current city officials weren’t living up to them. And it was clear that some of his moves were motivated by nothing but politics: ousting Susan Leal as head of the Public Utilities Commission had nothing to do with her job performance and everything to do with the fact that she had been willing to challenge Pacific Gas and Electric Co.’s power monopoly.

The shenanigans continue. As Sarah Phelan reported on sfbg.com last week, Newsom just attempted a coup at the Planning Commission, moving behind the scenes to oust Christina Olague, a progressive appointed by the supervisors, from her post as vice president. Newsom and his crew wanted to install his loyalists, Sue Lee and Mike Antonini, as president and vice president of the panel.

That move, sources told us, was orchestrated through Dean Macris, the former planning director who needs to get the hell out of that department. Macris still has his fingers firmly planted in the planning pie; he maintains an office in the department as a "liaison to the mayor."

The mayor has also managed to pad his own office’s budget while cutting key city services — and has, as the San Francisco Chronicle reported Jan. 25, used funny accounting to divert money from Muni to the Mayor’s Office payroll. And he continues to use the San Francisco International Airport as a place to put highly paid employees who have, at best, unclear job descriptions.

This is the sort of thing that led to Brown’s downfall: the voters, infuriated by backroom deals, voted nearly all of Brown’s allies out of office in 2000 and elected a Board of Supervisors that had a mandate to block the mayor’s worst initiatives.

Newsom has always insisted he’s a different type of politician than his predecessor and onetime mentor, and his future political career will depend on his ability to make that image stick. Brown’s reputation for corruption was the main reason he never had any hope of seeking or winning a statewide office.

If Newsom wants to avoid that fate, he can start with a few significant changes:

<\!s>Knock off the secrecy and sleaze. If Newsom has a reason to replace a department head or commissioner — and there are good reasons to fire a bunch of them — he needs to make that public. If someone isn’t carrying out his policies, fine: explain what the policies are and where he and the official in question part ways. Don’t pull out the knives and do the dirty work of PG&E and the developers behind closed doors.

<\!s>Be open about the jobs and the money. If the mayor really believes he needs a bunch of new $150,000-per-year aides, fine: take that money out of the General Fund and tell the public where it’s coming from. Budgets are displays of political priorities, especially in tight years, and the voters have a right to know what the mayor cares about most.

<\!s>Keep the operatives out of City Hall. Brown had lobbyists and consultants cutting deals in room 200 almost every day. Newsom needs to make it clear that campaign advisors aren’t making policy or personnel decisions.

We have four more years of Newsom to go, and if he keeps up this kind of crap, he’s going to find himself fighting the board — and the voters — at every step.

Reject Sklar and Brooks

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EDITORIAL Mayor Gavin Newsom’s pledge to bring new ideas into his second administration apparently doesn’t include public power. Not only has he ousted Susan Leal, the (modestly) pro–public power director of the San Francisco Public Utilities Commission; he’s also reappointed to the panel two commissioners who have been Pacific Gas and Electric Co.’s best friends. Ryan Brooks and Dick Sklar can only be rejected if eight members of the Board of Supervisors vote against them, and that’s what needs to happen.

For years the PUC has been a less-than-stellar panel dominated by political allies of the mayor, which is crazy: The agency is overseeing a $4 billion plan to reconstruct the city’s entire water system (which requires a certain degree of management). And it’s in the middle of a growing move to build a sustainable, environmentally sound power system for the city. The PUC is overseeing San Francisco’s move to community choice aggregation. It’s managing the installation of city-owned power plants. And it could be involved in a long list of renewable-power projects, from wave generation to solar.

That last thing the city needs is PUC commissioners who are opposed to (or weak on) moving into the energy business.

Unfortunately, Sklar (who served as ambassador to the United Nations under Bill Clinton) and Brooks (a vice president of Viacom Outdoor) have shown such reluctance to promote public power that they might as well be on PG&E’s payroll. Their reappointments, announced Jan. 15, are a sign that Newsom will not tolerate any move by his commission to get San Francisco into the retail electricity business (although a federal law — the Raker Act — requires the city to run a public power system).

It may be that public power advocates will ultimately have to go around the PUC; as long at the mayor controls that panel, it’s unlikely that anyone who wants to promote real energy alternatives will be appointed. And it’s essential that the supervisors move forward on a City Charter amendment that would give the board the right to appoint three of the five commissioners.

But in the meantime, it’s crucial to send Newsom a message: his ouster of Leal and his attempt to ensure a PG&E-safe PUC are not acceptable.

The appointments don’t require board approval — but the supervisors have the right to veto them with an eight-vote majority. Sups. Aaron Peskin, Sophie Maxwell, and Bevan Dufty have vowed to introduce a resolution to reject Sklar and Brooks, and their colleagues should join in. We don’t expect Newsom to suddenly turn around and name active public power supporters in the place of Sklar and Brooks, but if the board sends the message that PG&E allies aren’t OK, the next two appointments might be a little better.

The supervisors should reject Dick Sklar and Ryan Brooks as quickly as possible.

Delete key

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› sarah@sfbg.com

San Francisco’s recent move to a new, privatized electronic campaign finance database will make it more difficult to track amendments to reports on political spending, a change that has caused a conflict between top-level staffers at the Ethics Commission.

In a Jan. 10 memo sent to all of the appointed members of the Ethics Commission, fines collection officer Oliver Luby wrote, "The transition to a NetFile-created database will result in large amounts of deletion of campaign data from the Commission’s database, both in the future and retroactively.

"This data deletion will destroy the ability of the Commission and the public to systematically perform computerized reviews of finance changes made via amendment," Luby wrote, adding, "Coincidentally, the biggest beneficiary of this lack of disclosure will be the clients of NetFile."

Many large campaigns use NetFile to electronically file their finance statements, and last year the Ethics Commission decided to have the company take over the city database, which officials with the Department of Technology and Information Services say is failing.

To illustrate his concerns, Luby sent a report to commissioners and staff Jan. 2 identifying more than $2 million in transactions that political committees, including the 2003 campaigns Gavin Newsom for Mayor and Kamala Harris for District Attorney, reported between 1997 and 2007 by using post-filing-deadline amendments, sometimes in violation of the law.

"If there is any way for the Commission to convince NetFile to provide a database and filing system that will not delete data, I recommend pursuing it," Luby concluded. "Otherwise, this problem is an indicator that the cost savings obtained by using NetFile, instead of SF DTIS, were inflated."

But Ethics executive director John St. Croix didn’t appreciate Luby’s input and defended the choice of NetFile.

"DTIS determined that it would be very expensive and unrealistic for them to create a new system since they didn’t have the man power or the time. And to buy it elsewhere, like from the city of Los Angeles, would have been expensive, so we looked at the private vendors," he told the Guardian.

St. Croix signed a three-year, $90,000 per year contract with NetFile on Oct. 31, 2007, and told us, "If we don’t go with NetFile, we won’t have anything,"

David Tristan, deputy director of Los Angeles’ Ethics Commission confirmed that his city’s in-house system, which costs $30,000 per year, is not a turnkey operation: "It was built as a filing, audit, enforcement, and compliance tool, and it’s a good system, but we encourage that you have a systems person."

St. Croix claimed Ethics auditors are not losing any tracking capability. "The way the old system works, a global assessment is no longer available," St. Croix told the Guardian.

Acknowledging that his staff will have to take more steps to do a comprehensive "global search," St. Croix said Luby "is negating the fact that we will be able to display lobbyist reports, statements of economic interests, and all our scanned filings."

If a modification to the NetFile contract is required, St. Croix said, "We’ll try to get the city to pay for it." But, he claimed, "there is no basis for the idea that there is a sinister relationship between the filers and NetFile."

NetFile founder David Montgomery confirmed that NetFile, which accounts for 50 percent of the state’s electronic filings, provides services to filers, such as political committees supporting candidates and measures, and governmental agencies.

"But the data filed belongs to NetFile’s customers. We’re just providing a management service," Montgomery told the Guardian, dismissing conflict-of-interest concerns. "That’s like saying that because Joe Smith cheated on his income tax, we need to sue TurboTax."

Noting that amendment-tracking capabilities are on NetFile’s long-term wish list, Montgomery said, "We want to make sure everyone is happy with the transition, but some people don’t like change."

Joe Lynn, who was campaign finance project for the Ethics Commission when San Francisco went online, believes NetFile represents a degradation of Ethics audit capacity. "The biggest fine issued by the SF Ethics Commission, and the biggest in California, involved this principle, the auditing of an amendment," he said, referring to the $100,000 fine that a Pacific Gas and Electric Co.–funded committee incurred from the city (plus $140,000 from the state) when its amended filings showed it failed to disclose $800,000 in last-minute donations from the utility to help defeat a 2002 public power measure. Ethics auditors caught one of PG&E’s violations, while the media, using Ethics’ amendment review tools, caught the other.

"But thanks to the way NetFile’s system is set up, it doesn’t have the capacity to display amendments the way we do," Lynn said. "This demonstrates the dangers of privatization."

Lynn said NetFile’s less sophisticated ability to track amendments stems from the fact that it was set up in 1998 to help committees fill out campaign finance reports, "and not from what makes sense for public disclosure.

"It’s unfortunate, but not necessarily negligent, that this fell through the cracks," added Lynn, who suggests the Ethics Commission should work to resuscitate its amendment-tracking ability by requiring that committees filing amendments fill out a form stating just how filings have been amended.

"We need to have ordinance," Lynn said. He doesn’t buy the argument that NetFile’s system is adequate just because it’s used by San Jose, Santa Clara, and San Bernardino.

"San Francisco should have a first-class system," Lynn said. "This is another mechanism by which a committee can skirt the law."

Robert Stern at the LA Center for Governmental Studies worries that by signing on with NetFile, San Francisco will lose "the ability to find electronically information on what was changed and to see whether voters had this amended information before an election and what they were learning through amendments afterwards."

Luby also worries that because Ethics’ old database won’t have technical support, it could irreparably break down in the future and that even if it remains functional, "auditors will have to look in two places to see every local contribution Chevron made."

Luby e-mailed his concerns to management Dec. 7, 2007, then provided them with his detailed analysis Jan. 2 — submissions that raised St. Croix’s ire.

"I cannot attest to the accuracy of the information in this report," St. Croix wrote in a Jan. 11 memo to the commission. "I believe that many of its conclusions are inaccurate and many are spurious. Further, the information appears to be based on false assumptions and the language implies dishonest motives that are quite simply non-existent."

But St. Croix’s reply earned a swift rebuke from Luby’s union, Service Employees International Union Local 1021. "We believe the report was written in accord with Mr. Luby’s previously recognized duties," SEIU work-site organizer Cristal Java wrote Jan. 15.

Claiming St. Croix implied that Luby’s report was a "misuse of City resources," Java added, "While Mr. Luby’s act of forwarding his report may not satisfy the technical requirements of filing a complaint, we believe that Mr. Luby’s bringing of a report about work-related problems to your attention was whistleblowing."

Luby said St. Croix "is attempting to discredit his amendment review report because its results reflect that Ethics staff dropped the ball when the new database’s minimum system requirements were provided to NetFile. Mr. St. Croix doesn’t want to own up to the mistake."

Sneak attack on public power

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EDITORIAL This is Mayor Gavin Newsom’s idea of shaking up his administration: fire a Public Utilities Commission director who has been doing a pretty decent job, then replace her with a city controller who has been pretty good at his job but will most likely be terrible at hers. The result should please nobody but Pacific Gas and Electric Co.

We’ve had our concerns about PUC director Susan Leal; she’s been tiptoeing oh-so-cautiously around public power when she ought to be leading the charge to kick PG&E and its illegal monopoly out of town. But at least she’s moving in the right direction, generally — and the fact that PG&E wants to get rid of her is a sign that she’s the kind of person the city ought to have at the helm of this crucial agency.

The logic of firing Leal makes so little sense. She has little more than a year left on her contract, and to pay her mandatory severance will cost the city $500,000, which the treasury can ill afford. And Newsom hasn’t pointed to anything she’s done wrong.

But city hall insiders say PG&E thinks she’s too aggressive about public power, and the giant utility can’t tolerate that. So Newsom quietly announced Friday afternoon, Jan. 4, that she was going to be replaced.

Of course, Newsom technically can’t fire the PUC general manager — only the commission can do that. And under the Brown Act, the state’s open-meetings law, the mayor can’t call them all and seal the deal; the commissioners have to hold a meeting and talk about it. That meeting ought to be open to the public. The commissioners will try to close the doors, arguing that the general manager’s future is a confidential personnel matter — but that privilege exists to protect the employee, not the commissioners, and Leal has every right to waive it. She should fight back here, demand that the panel meet openly and discuss in public why she is being dismissed — and take the opportunity to challenge any claims against her and to make her case both for public power and for her continued employment.

This is far more than a simple dispute between an executive employee and an appointed commission; there are key policy issues at stake here — public power, community choice aggregation, and the city’s energy future — and they shouldn’t be settled in secret.

Ed Harrington has been a decent controller in many respects — but he’s never shown any indication of supporting public power. In fact, he’s done the opposite — every time the issue has come before him, he’s found a way to help PG&E. His estimates of the cost of public power ballot measures have been so wildly inflated as to be professionally embarrassing. For more than five years he’s refused to do what Sup. Chris Daly has requested and calculate the cost to the local economy of high PG&E rates. And Harrington was a senior PUC staffer when the sellout contracts with PG&E, Turlock, and Modesto were negotiated.

The Board of Supervisors should hold a hearing on these personnel changes and demand that Harrington appear and discuss publicly his position on CCA and PG&E. At the very least the voters should have the right to see this for what it appears to be: a Newsom-PG&E sneak attack on public power. And the board should pass Sup. Sophie Maxwell’s proposal to give it the authority to appoint some members of the PUC.

Editor’s Notes

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› tredmond@sfbg.com

My brother called me from the East Coast over the weekend to ask if I was still alive and my house still standing. He’d been watching CNN, which apparently was showing nonstop reports of terrible storm carnage in Northern California, complete with breathless voice-overs talking about hurricane-force winds.

"Yeah," I told him. "It rained."

It was windy too. Some trees came down, my roof leaked a little, and some people who built houses on unstable hillsides learned what happens to unstable hillsides when it rains. None of this is terribly unusual or strange. It’s just that people in San Francisco aren’t used to living in a world where there’s actual weather. You’d think a place that could be shaken into dusty wreckage any minute by the inevitable earthquake would be a little less freaked about precipitation.

Still, I found a bit of a lesson here.

Just hours after the storm broke, while the bold and adventurous tech pioneers of Google were still huddled in their homes and afraid to go to work, the San Francisco Department of Public Works had crews on the streets clearing fallen trees. The response was stunningly efficient — the stuff that couldn’t be chopped up right away was hauled off to the side so cars could get through. By that evening the worst of the fallen timber was corralled and being cut up with chain saws. It’s fun to talk about the lazy, inefficient public sector, but frankly, the DPW did its job.

And 36 hours later, the efficient, private utility company, Pacific Gas and Electric Co., still couldn’t get the power back on along Third Street.

We got a press release Friday from the Democratic Leadership Council, which runs the Bill Clinton wing of the party and has long supported Democrats who hew to the center-right. The DLC folks call these hawkish neocons "new Democrats." And according to their Jan. 4 statement, the "New Democrat of the Week" was … San Francisco mayor Gavin Newsom.

Newsom got the award for "his continued commitment to reducing his city’s carbon footprint," which is fine and lovely. But it came the same week he announced, in a very DLC style, that he was bringing Kevin Ryan, the former United States attorney, on board as the head of his criminal justice council.

Ryan’s a right-wing prosecutor, a George W. Bush appointee who was in charge of the witch hunt and persecution that sent videographer Josh Wolf to jail for 226 days. Why, exactly, is a guy who has no respect for the First Amendment working for the mayor of San Francisco?

Newsom’s big plans to shake up his administration seem to amount to firing Public Utilities Commission general manager Susan Leal (who can’t be fired right now because she’s on job-related disability) and replacing her with controller Ed Harrington. Leal had to go because she might run for mayor in four years against whomever Newsom and chief consultant Eric Jaye handpick (Assessor Phil Ting seems to be the choice right now) and because, as Sup. Bevan Dufty put it, "PG&E was not happy about her."

Sounds like an award-winning strategy to me.

PS Our predatory-pricing case against the SF Weekly and its parent company goes to trial Jan. 14 in San Francisco Superior Court with Judge Marla Miller presiding.

Inside Iraq

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The most recent issue of the New York Review of Books has a fascinating piece by Michael Massing on a blog run by Iraqi journalists that work for McClatchy Newspapers, one of the few outfits that has kept a Mideast bureau despite its fall into the black hole of massive media consolidation.

Inside Iraq consists of intense, personal accounts of day-to-day life for these Iraqi journalists, who mask their identities in order to avoid the death threats that many Iraqis receive for helping Americans. The blog posts include fears of being gunned down by Americans for driving to close to convoys as they travel to and from work, intense encounters with American and Iraqi soldiers randomly searching their homes, their cars, the details of their lives, what it’s like living without electricity for hours on end, day after day. (While here we whine way at PG&E…) All the essential details of life in Iraq that have been irrevocably altered by the war.

It’s scary, tense reading, and puts a real face on and beating heart in this war, which is sorely lacking from so much media coverage, as Massing points out in his article.

Apropos for today’s New Hampshire primary, a Jan. 3 post includes a plea to Americans to choose our next candidate wisely: “…Your choice will determine the main lines for our life … Yes your choice will change our life for good or for bad,” writes Jenan.

We hear you. I hope.

PG&E cuts off Ammianoliners!

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Our daily phone call to the answering machine of Sup. Tom Ammiano for our daily Ammianoliner could not go through for much of the day.

Yet another PG&E outage had knocked out his phone service. Ever notice how, when the first rain drops start falling, PG&E starts having outages–and there is no way to call in, and nobody to talk to or take complaints, and the mayor moves merrily on doing PG&E’s business. The latest Newsom moves on behalf of PG&E: He is putting PG&E-friendly Ed Harrington, city controller, into the PUC executive director post once held by Susan Leal ,who PG&E fired recently via Newsom because of her eeney weeny baby steps toward public power.

Anyway, we got through about 6:30 p.m. and heard the following Ammianoliner update on Newsom:

Newsom’s pre-nup agreement includes no question time.

Good going, Tom. 2008 will be your best year for hot Ammianoliners. B3

Amending the solar plan

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EDITORIAL San Francisco assessor Phil Ting wants to encourage more city residents and businesses to put solar panels on their roofs. It’s a noble idea, but the legislation he and Mayor Gavin Newsom have proposed needs work.

Ting told us he’s concerned that buying and installing solar panels is too expensive and that the cost is discouraging people from taking these steps toward putting the city on a path to greater reliance on renewable energy. So he’s put forward a two-pronged plan to lower the price: Using funds generated by the sale of Hetch Hetchy power, the city would offer cash payments of between $3,000 and $10,000 to residents and businesses that go solar. Then city bond money would be used to finance the remaining installation costs, and customers could pay back the city over 20 years.

The bond money Ting is eyeing comes from a measure passed more than 15 years ago, after the Loma Prieta earthquake, that makes money available for seismic upgrades to commercial property. For various reasons, including the complexity of the requirements, almost none of the $350 million in that bond fund has been spent, so with the approval of the voters it could be redirected to solar programs.

There are several problems with this approach.

We’re always a little leery of spending public money to benefit private property owners (and let’s remember that almost everyone who owns a home in San Francisco has seen its value increase dramatically in the past few years, despite the market slowdown). And while Ting and Newsom are right that the Hetch Hetchy money doesn’t come directly out of the General Fund, it’s still public money that could be spent on other programs — and the mayor is fighting against a plan to spend more city money on affordable housing.

But global warming and energy independence are important enough that we could live with the cash incentives — if the program were tailored to support community choice aggregation and public power. Instead, in its current draft, the plan would amount to a large incentive for electricity customers to snub the upcoming city program and stick with Pacific Gas and Electric Co. The language of the measure requires that applicants for the incentive program be eligible for a similar state program — but that state program is administered by PG&E and two other private utilities and is available only to their customers.

Starting sometime this year, if all goes well, San Francisco will be in the retail electricity business, competing directly with PG&E. Ting told us he’ll make sure the language is fixed to make the program available to all, but we’d go further: a city incentive program should help the city’s efforts. The first benefits should go to city customers, and they should be tailored as incentives for residents and businesses to stick with municipal CCA power and reject PG&E.

The bond money is problematic too. As it stands, landlords could pass along half of the costs of that money to tenants, many of whom don’t pay their own electric bills anyway and thus would get no benefits. That’s got to go: if the city is going to offer cheap loans to let landlords upgrade their buildings (and thus increase the value of their property), the supervisors shouldn’t pass any measure that sticks tenants with any of the costs.

The city of Berkeley is working on a similar program that seems much more simple: property owners can borrow money for solar panels and pay it back through increased property taxes. Sup. Gerardo Sandoval has suggested San Francisco pursue a similar plan, and Ting and the mayor should take that into consideration.

There’s the kernel of a good idea here — but the supervisors need to make some significant changes to what the mayor and the assessor are proposing before this plan moves forward.

PG&E contracts: an $80 million legacy

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EDITORIAL The San Francisco Board of Supervisors approved a modest item the other week described on the agenda as "Agreement to Implement a Term Sheet … between the City and County of San Francisco … and the Modesto Irrigation District." There wasn’t much discussion, the action received no notice in the press, and few people outside the office of the Budget Analyst realize just how significant this scrap of legislation really is.

But the vote brought to a close (for now, anyway) one of the most rotten chapters in San Francisco history, a story of corruption, waste, and raw political power that makes many of today’s scandals look like cornflakes. Since 1988, when the city attorney, the mayor, and the supervisors bowed down to Pacific Gas and Electric Co. and signed one of the worst deals in the city’s history, San Francisco has lost more than $80 million.

And with public power back on the agenda and activists discussing the potential for a ballot measure in November 2008, it’s worth reviewing a bit of the history. There are plenty of lessons.

The story goes back to 1983, when city staffers began negotiating a series of long-term contracts with PG&E and the Modesto and Turlock irrigation districts. San Francisco had an obligation under federal law to sell some of the electric power from its Hetch Hetchy dam to the two districts; PG&E would carry that power over its lines and guarantee its supply if low water kept the dam from generating at full capacity.

The negotiations were immensely complex and generated tens of thousands of pieces of paper. The city wanted to raise the bargain-basement rates it had been charging the districts; PG&E wanted to raise the rates it charged for transmitting the power.

Then a Central Valley congressional representative named Tony Coelho got involved. Coelho (who was later forced out of office in a scandal) started talking about the Raker Act — the federal law that gave San Francisco the right to build the dam but also required the city to create a public power system — and suddenly, official San Francisco freaked. If Coelho were to make too much noise about the feds enforcing the Raker Act, the city, which had been in violation of the law for 70 years, could have lost the dam.

So then-mayor Dianne Feinstein cut a backroom deal with Coelho: the city would be allowed to raise rates but had to sell almost all of its power (aside from basic municipal needs) to the districts. That, of course, would ensure that the city had little power left for a full-scale public power system. Feinstein promised that her staff would work out the final details of a 30-year contract.

The negotiations on that contract dragged on, however, as PG&E and the districts kept demanding more. The talks were conducted in secret, at PG&E headquarters. By 1987 city staffers were writing memos calling PG&E’s demands "ridiculous" and "excessive" and stating that the proposed deals would "impose many risks on the city." The negotiations stalled — until Feinstein intervened, overruled her staff, and agreed hands down to the deal PG&E wanted. That was one of the last acts of her administration; Art Agnos was elected to replace her that November and took office in January 1988.

The contracts had to be approved by the Board of Supervisors, and (after the Guardian broke the story and denounced the deals) discussions were heated. Budget analyst Harvey Rose took a hard look at the proposed contracts and, using strong and decisive language, told the board the deals were terrible for the city, would cost taxpayers a fortune, and should be rejected.

Right before the final vote we obtained public records that outlined Feinstein’s sellout — but the documents from the key negotiating period had somehow mysteriously disappeared.

Then a team of seven PG&E lobbyists descended on City Hall, and Louise Renne, a PG&E ally who was then the city attorney, privately advised the supervisors that they would be in legal trouble if they didn’t do PG&E’s bidding. The contracts were approved, with only Sups. Harry Britt and Richard Hongisto voting no. Our front-page headline of Feb. 24, 1988, told the story: "PG&E 8, SF 2." Although Agnos had run as a public power candidate, he buckled too and signed the contracts — without ever so much as searching for the missing records.

The Dec. 5, 2007, budget analyst’s report notes that the city lost between $2.5 million and $3 million per year on the deals — and during the two years of the energy crisis, when the true downside of what Feinstein, Renne, Agnos, and the Board of Supervisors did became apparent, the tab was $27 million. That’s a total of as much as $87 million of city money thrown away on sweetheart deals with PG&E and the two districts.

After the energy crisis — and after Renne left office — the current city attorney, Dennis Herrera, went to court to renegotiate the deals. The new agreements are much better and will save San Francisco millions. That’s what the board quietly approved this month.

But much of San Francisco’s power is still tied up for another 10 years, and huge damage has been done.

Meanwhile, PG&E is suing the city to keep public power out of the Ferry Building, is trying to corner the market on wave and tidal power in the bay and along the coast, is trying to undermine community choice aggregation, and remains an entrenched, illegal monopoly with far too much clout at City Hall.

The good news is that there’s real talk of a new public power push in San Francisco, and it can’t come too soon. And the lessons from the fiasco of 1988 can and should guide any future efforts.

For starters, nobody — no city attorney, no department head, no mayor — should ever again be allowed to negotiate with PG&E in secret. Any talks with the utility should be recorded and all documents and memos made public before any city agency votes on any contract or deal.

PG&E loves to argue that public power is an expensive proposition and that taxpayers will be on the hook for a lot of money to buy out or create a municipal power grid. But advocates can accurately point to the history of private power in San Francisco: dealing with PG&E has cost the city (and the taxpayers and the ratepayers) far more than the price of creating a municipal grid. The 1988 contracts are a particularly visible example. And 20 years later, the overall lesson is clear: as long as a private company is running the city’s energy policy, the public is going to get screwed.

Polishing SPUR

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› amanda@sfbg.com

Wedged among the commerce, tourism, and white-collar businesses north of Market Street is the slim entry to 312 Sutter, easy to miss unless you happen to be searching for the San Francisco Planning and Urban Research Association. SPUR occupies the fourth and fifth floors of the building — and occupies them completely. Cubicles are close and overstuffed. Conversations compete. Space for meetings is a hot commodity. Four bicycles, ridden to work by staff members, are crammed in a side room where languish a half century’s worth of policy papers, photographs, and planning documents generated by the active public interest think tank.

It looks more like a struggling nonprofit than one of the most influential policy organizations in town, one supported by the city’s richest and most powerful interests.

"This is why we’re building the Urban Center," said Gabriel Metcalf, the youthful executive director of the 48-year-old organization, clad in a dark suit and sipping from a Starbucks coffee cup while he roams the fourth floor office space searching for any available real estate to sit and talk.

He settles on an open-faced workroom with empty seats. They circle a table covered with a thick ledger of plans for SPUR’s new Urban Center, a $16.5 million, 12,000-square-foot four-story building at 654 Mission that the group is building with more than $8 million in public money.

Plans for the center include a free exhibition space, a lending library, and an evolution of the group’s current public education program, now consisting of noontime forums, to include evening lectures and accredited classes. Though the center will house meeting rooms for SPUR’s committees and offices for its staff, the suggestion is that the new space will be a more public place.

And SPUR seems to be searching for a new public image.

For years the organization was synonymous with anything-goes development, ruinous urban renewal, and an economy policy that favored big business and growth at all costs. Today SPUR’s staffers and some board members present a different face. The new SPUR features open debate and seeks consensus; phrases like sustainability and public interest are bandied about more than tax cuts and urban renewal.

But San Francisco progressives are a tough crowd, and SPUR’s history — and, frankly, most of its current political stands — makes a lot of activists wonder: Has SPUR really changed its spurs? And can a group whose board is still overwhelmingly dominated by big business and whose biggest funders are some of the most powerful businesses in town ever be a voice of political reason?

As one observer wryly noted, "I’ve yet to see SPUR publicly denounce a development project."

SPUR considers itself a public policy think tank, a term that conjures an impression of lofty independence. But the group has, and has always had, a visible agenda. SPUR members regularly advocate positions at public meetings, and the group takes stands on ballot measures.

And it has a painful legacy. "We have a dark history," Metcalf admits, referring to the days when "UR" stood for "urban renewal," often called "urban removal" by the thousands of low-income, elderly, and disabled people, many African American and Asian, who were displaced by redevelopment in San Francisco.

That history — and the fact that SPUR’s membership is largely a who’s who of corporations, developers, and financiers — has caused some to raise questions about the public money the group has received for the new Urban Center.

"They’re not an academic institution," said Marc Salomon, a member of the Western SoMa Citizens Planning Task Force who’s butted heads with the group. "There’s no academic peer review going on here. The only peer review is coming from the people who fund them."

Yet prominent local progressives like artist and planning activist Debra Walker, veteran development warrior Brad Paul, and architect and small-business owner Paul Okamoto have joined the SPUR board in recent years. "There’s a bunch of us that have come in under the new regime of Gabriel Metcalf because there’s a real aching need for a progressive dialogue about planning," said Walker, who thinks SPUR is making concerted efforts to inform its policies with the points of view of a broader constituency. "I think SPUR is engaged in those conversations more than anyone."

SPUR defines its mission as a commitment to "good planning and good government." Though a wide range of issues can and does fall under that rubric, the 71 board members and 14 staff tend to focus on housing, transportation, economics, sustainability, governmental reform, and local and regional planning, and their agenda has a dogged pro-growth tinge.

SPUR likes to trace its history to the post–1906 earthquake era, when the literal collapse of housing left many people settling in squalid conditions. The San Francisco Housing Association was formed "to educate the public about the need for housing regulations and to lobby Sacramento for anti-tenement legislation." A 1999 SPUR history of itself places its genesis in the Housing Association, though other versions of the group’s history suggest a slightly different taproot.

According to Chester Hartman’s history of redevelopment in San Francisco, City for Sale (University of California Press, 2002), the 1950s were a time when corporate-backed regional planners were envisioning a new, international commercial hub in the Bay Area. They were looking for a place to put the high-rise office buildings, convention centers, and hotels that white-collar commerce would need. Urban renewal money and resources were coming to the city, and San Francisco’s Redevelopment Agency identified the Embarcadero and South of Market areas as two of several appropriate places to raze and rebuild.

The agency, however, was dysfunctional and couldn’t seem to get plans for the Yerba Buena Center — a convention hall clustered with hotels and offices — off the ground. The Blyth-Zellerbach Committee, "a group the Chamber of Commerce bluntly described as ‘San Francisco’s most powerful business leaders, whose purpose is to act in concert on projects deemed good for the city,’<0x2009>" as Hartman writes, commissioned a report in 1959 by Aaron Levine, a Philadelphia planner, which identified the Redevelopment Agency as one of the worst in the nation and recommended more leadership from the business community. The San Francisco Planning and Urban Renewal Association was born, funded by Blyth-Zellerbach, whose leaders included some corporations that still pay dues to SPUR, like Bechtel, Bank of America, Wells Fargo, and Pacific Gas and Electric Co.

John Elberling, a leader of the Tenants and Owners Development Corp., a group representing the people who were trying to stay in the area, was one of many activists who litigated against the city’s plan and managed to wedge some affordable housing into the developers’ vision of South of Market. SPUR, he told us, was "explicitly formed to support redevelopment issues in the ’60s and ’70s."

By 1974, when Paul began fending off redevelopment efforts around the Tenderloin and directed the North of Market Planning Coalition, "all through that period SPUR was viewed by the community as a tool for the Chamber of Commerce," he said.

In 1976, "Urban Renewal" became "Urban Research," a move away from the tarnished term. The 1999 commemoration of SPUR’s 40th anniversary is a somewhat sanitized history that never presents the faces of the people who were displaced by the program; nor does the analysis nod significantly toward the neighborhood groups and activists who were able to mitigate the wholesale razing of the area.

That’s still a soft spot for SPUR, some say. "They’re uncomfortable with questions of class. Those questions tend to be glossed over," said Tom Radulovich, executive director of Livable City and a SPUR board member from 2000 to 2004.

Metcalf doesn’t duck the issue. "If you’re a city planner, you’ve got to meditate deeply on urban renewal, even though you didn’t do it. It’s the only time in urban history that planners were given power, and that’s what they did with it," he said.

Besides a long friendship with powerful businesses, SPUR has frequently enjoyed an intimate relationship with city hall. "They morphed in the ’80s into a good-government, good-planning group, but in fact they were really tight with the [Dianne] Feinstein administration," Elberling said. "One of the ways you got to be a city commissioner was by being a member of SPUR. Feinstein’s planning and development club was SPUR."

Mayor Feinstein’s reign is often remembered as a boom in downtown development — at least until 1985, when San Franciscans for Reasonable Growth succeeded in passing Proposition M, a measure severely limiting annual high-rise development. SPUR opposed the measure and still supports increased height and density along transit corridors in the city.

"SPUR always goes with more," Radulovich said. "Sometimes there’s a trade-off between sustainability and growth, and I don’t have much confidence they won’t go with growth."

A March SPUR report, "Framing the Future of Downtown San Francisco," is one example of a cognizance of other options, weighing the pros and cons of expanding the central business district or transforming it into a "central social district": "While office uses remain, the goal of a CSD is to create a mixed-use, livable, 24-hour downtown neighborhood." Another line in the report offers a telling look at how SPUR thinks: "Economic growth in the CSD model may be diminished as the remaining sites for office buildings become used for new residential, retail, or other non-office uses."

Retail means, in fact, economic growth. A 1985 Guardian-commissioned study of small businesses in San Francisco, "The End of the High-Rise Jobs Myth," found that most of the new jobs created in the city between 1980 and 1984 were not in the downtown office high-rises but around them. Businesses with fewer than 99 employees had generated twice as many jobs as those with more employees.

While the numbers may be different today, the concept that neighborhood-serving retail keeps a local economy healthy has only grown stronger, as has public sentiment against chain stores. Yet SPUR opposed a proposition calling for conditional-use permits for formula retail, which voters approved in 2006.

Over the years SPUR’s political record has been checkered. Though the group talks the good-government talk, it opposed propositions establishing the city’s Ethics Commission and reforming the city’s Sunshine Ordinance. According to Charley Marsteller, a founder of Common Cause and a longtime good-government advocate in San Francisco, "Common Cause supported initiatives in 1995, 1997, 1999, 2000, 2002, and 2005. SPUR opposed all of them."

This November, SPUR came out in favor of Proposition C, which calls for public hearings before measures can be placed on the ballot, but opposed Question Time for the mayor. The group gave a yes to the wi-fi policy statement and approved establishing a small-business assistance center — contrary to past stances.

SPUR isn’t afraid to defend its positions. "Those who disagree with a conclusion SPUR reaches object to us presenting our ideas as objectively true rather than as values based," Metcalf notes in the May SPUR report "Civic Planning in America," in which he surveys other similar organizations.

"And in truth, evidence and research seldom point necessarily to one single policy outcome, except when viewed through the lens of values. We want to stop sprawl. We want housing to be more affordable. We want there to be prosperity that is widely shared…. Perhaps it’s time to grow more comfortable with using this language of values," he writes.

Paul, who’s now program director for the Haas Jr. Fund and has served on the SPUR board for seven years, says the group is indeed changing. "Over the last six to eight years I’ve noticed a real shift on the board," he said. "We have really intense and interesting discussions about issues. People feel they can speak their mind."

Okamoto, a partner in the Okamoto Saijo architectural firm, thinks this is the result of a fundamental shift in planning tactics, due to a more recent and deeper comprehension of the coming environmental crises. "Global climate change is moving things. I think SPUR’s going in the same direction," he said. Okamoto joined SPUR "because I’d like to see if I could influence the organization toward sustainability. Now we have a new funded staff position for that topic."

And yet the fact remains that only 5 of the 71 board members — about 7 percent — can be described as prominent progressives. At least half are directly connected to prominent downtown business interests.

And a list of SPUR’s donors is enough to give any progressive pause. Among the 12 biggest givers in 2006 are Lennar Corp., PG&E, Wells Fargo, Westfield/Forest City Development, Bechtel, Catellus, and Webcor.

In the past 10 years SPUR’s staff has doubled, signaling a subtle shift away from relying mainly on the research and work of board members. One of the newest positions is a transportation policy director, and that job has gone to Dave Snyder, who helped revive the San Francisco Bicycle Coalition in 1991, founded Livable City, and spent seven years on SPUR’s board before taking the job.

Having occupied the new post for a year, he said, "If I left, it wouldn’t be because I didn’t like SPUR. The debates we have at the staff level are more open than I expected."

Proposition A, the November transportation reform measure, is one example of the group’s new approach. The group voted a month earlier than usual to endorse a measure that was directly in opposition to the interests of one of its biggest funders, Gap billionaire Don Fisher (the Gap is also a member of SPUR). According to Walker, when the SPUR board vetted the endorsements the number of no votes for Prop. A was in the single digits. "I was so surprised," she said.

SPUR opposed Proposition H, a pro-parking countermeasure largely funded by Fisher, and worked with progressives on the campaign.

Metcalf noted it was the ground troops who made all the difference. "We don’t have [that kind of] power, and there are other groups that do. We wrote it, but we didn’t make it win. The bike coalition and [Service Employees International Union Local 1021] did," he said.

Sup. Aaron Peskin, who brokered much of the Prop. A deal, called it a sign of change for SPUR. "They probably lost a lot of their funders over this."

Radulovich is still dubious. He jumped ship after witnessing some disconnects between the board and its members. Though SPUR asks members to check their special interests at the door, Radulovich couldn’t say that always happened and recalled an example from an endorsement meeting at which a campaign consultant made an impassioned speech for the campaign on which he was working.

As far as his board membership was concerned, Radulovich said, "there were times I definitely felt like a token…. Development interests and wealthy people were much better represented."

Some say that isn’t about to change. "SPUR has been, is, and I guess always will be the rational front for developers," said Calvin Welch, a legendary San Francisco housing activist. "The members of SPUR are real estate lawyers, professional investors, and developers. Its original function was to be the Greek chorus for urban renewal and redevelopment."

Welch and Radulovich agree SPUR doesn’t represent San Franciscans, and Welch suggests the Dec. 4 Board of Supervisors hearing on an affordable-housing charter amendment was a case in point. "The people who got up to speak, I’d argue that’s San Francisco, and it doesn’t look a fucking thing like SPUR."

SPUR recently applied for a tax-exempt bond capped at $7 million from the California Municipal Finance Authority to help pay the cost of SPUR’s new Urban Center. It’s a standard loan for a nonprofit — SPUR is both a 501(c)(3) and 501(c)(4) — but some neighborhood activists raised questions about whether SPUR’s project is an appropriate expense for taxpayer cash.

"There’s no city money going toward the Urban Center, but by using tax-exempt bond financing they’re depriving the US Treasury of tax revenues," Salomon said. "The people who are funding SPUR can afford to buy them a really nice building, with cash."

The Urban Center also received a $231,000 federal earmark from Rep. Nancy Pelosi, whose nephew Laurence Pelosi is a former SPUR board member. Another $967,500 will come to SPUR from the California Cultural and Historical Endowment, which voters set aside through Proposition 40 to fund projects that "provide a thread of California’s cultural and historical resources."

Metcalf said SPUR isn’t sitting on a pile of cash: "We’re not that wealthy. We just don’t have that level of funding." The group’s endowment is small, and according to its 2006 annual report, revenues were $1.8 million, 90 percent of that from memberships and special events. The annual Silver Spur Awards, at which the group celebrates the work of local individuals, from Feinstein to Walter Shorenstein to Warren Hellman, is one of the biggest cash cows for SPUR, typically netting more than half a million dollars.

So far most of the funds for the Urban Center have come from donations raised from board members, individuals, businesses, and foundations. Metcalf defends the use of public funds. "For a group like SPUR that needs to be out in front on controversial issues, our work depends on having a diverse funding base. The Urban Center is part of that," he said.

The new headquarters is modeled on similar urban centers in Paris and New York, places that invite the public to view exhibits and get involved in answering some of the bigger planning questions cities are facing as populations increase and sprawl reigns. According to SPUR, this will be the first urban center west of Chicago, and the doors should open in 2009.

Walker, who’s been a board member for about a year, isn’t ready to say SPUR has been transformed. "It’s in my bones to be skeptical of SPUR," she said. "I have a different perspective than most of the people who are on SPUR, but the membership is different from the people who are funding it. I still think we need to have a more progressive policy think tank as well."

Walker recruits for SPUR’s membership development committee and said some of her suggestions have been well received. "The reality is, the progressive community is really powerful here when we come together and work on stuff. You can’t ignore us. Rather than fight about it, SPUR is offering some middle ground."

PG&E still calls the shots

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EDITORIAL Mayor Gavin Newsom hasn’t even officially started his second term, and already he’s putting out the signals: this is going to be a very bad four years. He’s sent loyal staffers packing, cut salaries in his office by sending a senior aide to the airport with no real job description, and created a bogus hiring freeze that lets him control all new city employment in every department.

And now, several supervisors say, he’s allowing Pacific Gas and Electric Co. to decide who gets to run the city’s Public Utilities Commission.

Newsom’s office won’t comment on why the mayor has asked PUC general manager Susan Leal to resign. The mayor hasn’t explained what Leal might have done that would be so bad that it’s worth spending $500,000 the city doesn’t have to buy out her contract. But Sups. Ross Mirkarimi and Aaron Peskin, who have been watching Leal closely, say the reason she’s being sent packing is very simple: she’s moving too aggressively on public power.

Now, let’s step back a moment here and put this in perspective. Leal was never a radical public power advocate. She didn’t support public power when she was on the Board of Supervisors and was very slow to come around to the notion that the city should take a more active role in generating and distributing its electricity.

But over the past few years Leal and her staff have been cautiously, haltingly moving toward community choice aggregation, city-owned generation, and the concept of putting city power lines below the streets. It’s not an agenda that was going to lead to a total takeover of PG&E’s facilities in the next year or two, and, in fact, at Leal’s pace PG&E’s illegal monopoly was probably safe for another decade. Still, Leal was moving toward creating city-owned electric generation through a set of new combustion turbines — a plan PG&E bitterly opposed.

Leal isn’t commenting, and the Mayor’s Office will only say that discussions about her job tenure are ongoing. But City Hall sources tell us Newsom’s office informed Leal last week that she would be among the department heads replaced next year — and there’s plenty of evidence that her willingness to proceed with public power is among the reasons why. "That’s absolutely part of what this is about," one person close to the Mayor’s Office told us. Another said, "The Mayor’s Office is saying she has a bad relationship with the commission, and a lot of that is about city-owned power."

Ryan Brooks, the president of the PUC, told us he couldn’t comment on a personnel matter and insisted that Leal isn’t facing the ax because of public power. But he made a point of saying the commission needs "to take a step back and see what we’re trying to do" before proceeding with anything that looks like a public power plan.

The message here is pretty clear: challenge PG&E in Newsom’s San Francisco, and your job is on the line.

Leal’s no fool. She refused to take the PUC job unless the mayor offered her a written contract that makes it expensive to get rid of her. And Leal can simply collect her lucrative severance package and walk away.

But if she’s serious about her legacy, her political future, and the issues she says she cares about, Leal shouldn’t back down so quickly. The mayor can’t fire her directly; that’s the job of the five-member PUC. And while Newsom asked every department head to submit a resignation letter months ago, Leal was cagey; her letter stops short of offering to leave. So legally, the mayor can’t simply accept her resignation if she chooses to fight. In fact, Angela Alioto, a civil rights lawyer and former supervisor, says Leal is in the driver’s seat here. "She has a contract, and she can’t be fired without cause," Alioto told us. "She should forge ahead."

At the very least, Leal ought to demand a full, public PUC hearing and demand that the mayor’s proxies on the panel explain exactly what she’s done wrong. And she should turn that hearing into a discussion of public power and the city’s energy future and insist that the commissioners say openly whether they support a transition away from PG&E and toward a city-run system.

But frankly, most of the PUC commissioners aren’t likely to defy the mayor or go up against PG&E. It’s an embarrassing panel, and the supervisors need to move as quickly as possible to do for the PUC what they’ve done for other key city commissions and mandate that the mayor and the board share appointing power. The district-elected supervisors ought to have three appointments to the panel and the mayor two.

In the meantime, the behavior of the Mayor’s Office here demonstrates why it’s critical that the public power movement start looking at a ballot measure for next fall — an initiative or charter amendment that would set in motion a program to create a city-owned utility. There are lots of ways to approach that process; it certainly fits as part of a sweeping campaign against privatization. But however you frame the issue, it’s clear the mayor and his PUC can’t be trusted here, not for one minute longer.

PG&E FIRES PUC DIRECTOR!

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This is big, a clear sign of how Mayor Gavin Newsom is going to operate in his next four years: Susan Leal, the head of the Public Utilities Commission, is going to be fired because she’s moving too fast toward public power.

Now keep in mind: Susan Leal is not by any means a radical public-power activist. We’ve been pushing her on this issue for years, and she is, at best, moving slowly, cautiously, incrementally to implement Community Choice Aggregation and to look at options to create a city-run utility.

But even these cautious, slow moves were too much for Pacific Gas and Electric Company, and, according to what I’ve heard at City Hall, PG&E was directly behind this move. THe message that Newsom and PG&E are sending out: Nobody should dare, ever, to take even little itsy-bitsy baby steps toward public power.

Note the comment by the head of Leal’s commission:

“The commission has never taken a vote on public power,” commission President Ryan Brooks said Wednesday. “It’s something she wants, but I don’t think the commission wants it. … I don’t think it’s the right time for it. It’s not a policy direction she has from the commission or from me.”

Leal, no fool, forced Newsom to give her a contract when she took the job, and the city will now have to spend $500,000 to buy her out. That’s a lot of money — but Newsom is apparently willing to spend it as the price of protecting PG&E.

It’s going to be a long four years.

PG&E’s Tag on the Golden Gate

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photo courtesy of wmchu on flickr

I’ve ridden my bike across the Golden Gate Bridge hundreds of times, and often stopped to watch the sunset or to look down at the awesome power of the tide ripping by, but yesterday, for the first time, I walked all the way across. I noticed something I’d never seen before.

On the south tower, tucked among all the brass plaques noting the officials and feting the feat of construction that is the bridge, there was a monument to Pacific Gas & Electric, thanking them for donating all the lighting for the bridge.

I was standing with my friend, who’s an electrician, and who wryly noted that it’s PG&E that really won in that deal — the free lighting fixtures just translates to another guaranteed customer.

But what I was thinking was, gee, there was all this dust-up and opposition to any corporate sponsorship of the bridge to raise a portion of the $60 million for future repairs. Despite assurances from authorities that the bridge wouldn’t be renamed or adorned with company banners, it seems that nobody was interested in having the name of a corporation anywhere near the bridge or its immediate environs.

And here we have a corporation that has a long, litigious relationship with San Francisco, that costs taxpayers and ratepayers millions of dollars, and that regularly tries to purchase our goodwill through massive greenwashing campaigns and big dollar donations — and their name is bronzed right onto the bridge.

Nice. Classy.

A polluter could cash in

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› amanda@sfbg.com

Mayor Gavin Newsom wants to give Mirant Corp. a $2 million credit to shut down its Potrero Hill power plan and is offering to devote two full-time staffers to helping the company move forward a new development for the site, documents show.

An Oct. 30 agreement between the Mayor’s Office and the Atlanta energy company, obtained under the Sunshine Ordinance, lays out a generous city program to encourage the shutdown — even though city officials say the pollution-spewing plant will almost certainly be closed anyway.

Negotiations are moving forward on the city’s plan to construct a new fossil fuel–burning power plant with two "peakers" between the Dogpatch and Bayview neighborhoods — a project that supporters say will make the Mirant plant economically unviable and lead to its closure.

The 145-megawatt single-cycle natural gas–burning power plant, part of San Francisco’s Electric Reliability Project, is necessary to meet a need for in-city energy reliability, according to the California Independent System Operator, a state agency that controls the power grid.

But the city’s Public Utilities Commission argues that the peakers will obviate the need to keep the Mirant plant running — and Cal-ISO has agreed to pull the company’s lucrative contract for providing power and transfer it to San Francisco once the new city-owned turbines are in place.

Critics are worried that the southeast part of the city could wind up with the worst of all worlds — that Mirant would keep its plant open and the peakers would operate too, increasing the level of airborne pollution in a neighborhood that has suffered environmental injustice for decades.

Now it appears the city has secured a solid guarantee that Mirant will shutter its Potrero plant — at a price.

"Mirant is committing to shut down once the plant is no longer needed for reliability," Jesse Blout, chief of staff of the Mayor’s Office of Workforce and Economic Development, told us. "It’s not economic to run that plant once our plant’s in place."

The city is now seeking a legally binding agreement to secure that closure — and offering a sweet deal to get it.

According to a copy of the current term sheet that’s being negotiated between San Francisco and Mirant, in exchange for the company agreeing to close the plant once it’s no longer needed for reliability, the city "will agree to immediately designate a senior staff member from each of the Mayor’s Office of Economic and Workforce Development and the Planning Department" and "agree to review and process on a priority basis a completed application for a proposed site plan."

Additionally, the term sheet reads, "In light of the public benefits associated with expediting closure of the Potrero Power Plant, the city will agree that … Mirant will receive a credit of up to $2,000,000 — without interest — against certain city fees and costs, as described below, that would otherwise be payable in connection with review and approval of the site plan and any development project."

Felicia Browder, director of media relations for Mirant, confirmed that closure of the plant is imminent, once the state contract is terminated. However, she would not discuss details of the future use of the 27-acre site, as the deal is not finalized, something that’s supposed to happen this week.

Blout told us a deed restriction prohibits residential use of the land, and he predicted some kind of light industry for the area. The property, located at the bay’s edge between 22nd and 23rd streets, is also home to some of the toxic spoils of industry, which Pacific Gas and Electric Co., the original owner of the site, agreed to clean up to nonresidential standards when it sold its holdings to Mirant.

PUC members expressed satisfaction with the pending shutdown and voted unanimous approval of an Oct. 31 resolution authorizing the commission’s general manager, Susan Leal, to move forward with the plan. The resolution also includes clauses banning the sale of energy for profit from the three combustion turbines at the in-city facility and exploring whether two instead of three CTs could meet reliability needs.

The financing and control of the peaker project is also changing. Initially, the city negotiated a public-private partnership with JPower, a Japanese energy company with an Illinois subsidiary, to finance the $230 million project for two plants — the 145 MW in-city facility and another 48 MW plant located at San Francisco International Airport. Under the original deal, JPower would own and operate both plants for a period of some years before turning them over to the city. Now, however, the city is committing to financing the project and owning it outright, and the contract with JPower will be for operation and maintenance. "It makes more policy sense," Blout said, adding that after 12 to 14 years, "we will own the units free and clear." He said the city plans to issue tax-exempt bonds but at this point was uncomfortable stating how much they would be for.

Though JPower will be staffing the plant for the city, it will not be making a profit. "In the contract it will stipulate they can only run when Cal-ISO calls for them for reliability," the PUC’s Tony Winnicker said.

However, the 48 MW plant located at the airport will still be owned and operated by JPower for a 30-year period, and that plant is licensed to operate for 4,900 hours a year. "JPower will be able to operate that unit up to its limit," Winnicker said. "That’s part of what makes the deal profitable for JPower."

A mixed bag of environmentalists, social justice advocates, and Bayview and Potrero residents who are neighbors of the new and old plants still opposes the city building any new fossil fuel power plants. The Brightline Defense Project is currently representing the A. Philip Randolph Institute, Californians for Renewable Energy, and two citizens in litigation seeking to halt the building of the new plant.

Eric Brooks of Our City, a local public interest group, expressed skepticism of the plan to swap one power plant for another. "We would send the worst possible message to the world by building a fossil fuel power plant in our city limits at the very beginning of what must be a renewable-energy century," he told us. He’s also urging the city to let lapse Mirant’s water and air permits, which are set to expire in 2008 and 2010, respectively.

Other opposition to the city’s power plants has come from PG&E, through the Close It! Coalition, a group the utility company founded and financially supports. "These new plants will further our reliance on fossil fuels and contribute to global warming," the group states on its Web site. However, PG&E has a 20-year contract with a similar peaker plant under construction in Fresno and is building three new fossil fuel plants of its own in Antioch, Eureka, and Colusa. PG&E, of course, also wants to keep any hint of public power out of San Francisco.

Will & Willie are back!

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By Bruce B. Brugmann

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Will and Willie are back!
“Keeping it Real” with Will Durst and Willie Brown is now in podcast form at WillandWillie.com. Hear it at the link below.

Clear Channel Communications, the media megaconglomerate with l0 lousy radio stations in the Bay Area, made a terrible decision back in September 2006 when it killed the “Keepin’ It Real with Will and Willie” early morning radio show on its 960 a.m. Quake station.

The show, created by the talented radio producer Paul “The Lobster” Wells, featured Comedian Will Durst and former mayor Willie Brown playing themselves and taking on the issues of the day in the spirit and style of the old Herb Caen columns in the old San Francisco Chronicle. They were fun to listen to, brought on guests that nobody else would touch (Peter Phillips from Project Censored, Noam Chomsky, Marie Harrison from the Hunters Point power plant opposition, etc.), sketched out issues the mainstream media ignored, and provided witty conversation and “Bursts of Durst” every week day morning from 7 to l0 p.m.

I was even encouraged to come on the program and blast away at PG&E, its illegal private power utility, and other Guardian issues. Willie promptly suggested on the air that the program stage a debate with PG&E and me. Fine, I said, but they have never agreed to a debate with me since the Guardian started its public power campaign in l969 and I doubted if they ever would. Willie claimed surprise and said he would work on it. Nothing of course happened.

But this was the kind of fun the program encouraged and I, and many others around town, enjoyed going on the show and making points and arguments we could make on no other local show and certainly not in the San Francisco Chronicle and probably not even in Caen’s column (even he was wimpy on PG&E).

Clear Channel just killed the show outright, with no warning, no real explanation, and no real appreciation for what the show had accomplished in a short period of time. And it left the city without a voice or venue on this Progressive station, just as “San Francisco values” became a national phrase and the war and Bush rhetoric heated up, and Rep. Nancy Pelosi ascended to the speakership. Instead, we got all kinds of Quake talent with the sensibility of other places (Al Franken from Minnesota and Stephanie Miller from Los Angeles) and none from San Francisco. (Newsman John Scott does his best, on “The Progressive News Hour” from 4 to 6 p.m., but it isn’t the same.)

The good news is that Will and Willie are back, with producer Paul Wells, in podcast form. Their inaugural episode is the first gathering of Will, Willie, and Paul since the cancellation. They are in good form discussing the San Francisco election and Mayor Newsom running without real progressive opposition and the problem with parking downtown and and and. Their next episode will take on the upcoming Presidential election and other national events.

Cheer them on! Hear them by visiting the following link HERE and going to the Will&Willie podcast. Log in and give them feedback. B3

Money and politics

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› sarah@sfbg.com

The upcoming election hasn’t generated much voter interest, with only a couple of measures that seem likely to have an impact. But corporate interests in San Francisco and beyond are still spending big money — in ways that are secretive, suspicious, and sometimes contradictory — to influence the election and win the gratitude of elected officials.

Although the final preelection campaign statements were due Oct. 25, the money continues to roll in. And perhaps most ominously, many campaign committees are spending far more than they are taking in, effectively using this accrued debt to hide contributors until after the election.

And almost invariably, the person at the center of such schemes — who facilitates the most creative and unsettling spending by downtown political interests — is notorious campaign finance attorney Jim Sutton, who also serves as Mayor Gavin Newsom’s treasurer (and didn’t return our calls for comment by press time).

Political donations are supposed to be transparent and reflect popular support for some campaign. But once again, this election is showing the disproportionate influence that corporations have on local politics and the difficulties faced in trying to accurately trace that influence.

There are "No on K" billboards all over San Francisco, showing a giant image of a man’s empty pocket alongside the dubious claim that "Proposition K will cut $20 million from Muni." The signs were created and funded by Clear Channel Outdoor.

Prop. K is an advisory measure that the Board of Supervisors placed on the ballot this fall to ask whether voters want to restrict advertising on public spaces like bus stops. But it was aimed at Clear Channel Outdoor’s contract to maintain 1,100 city bus shelters and sell advertising on them, which was approved by the Board of Supervisors on Oct. 23. In exchange, the CCO agreed to pay the Metropolitan Transportation Authority $5 million annually, plus 45 percent of its annual revenues from shelter ad revenues.

Nonetheless, the measure would put city voters on record as opposing the CCO’s basic business model, so the company fought back. The "No on K — Citizens to Protect Muni Services" filing suggests that there is no citizen involvement in the No on K campaign. So far, No on K has only received donations from Clear Channel Outdoor, including $120,000 in cash and $55,750 in in-kind contributions of radio time and ad space.

Maybe Clear Channel really is trying to help Muni get more money, rather than pad its own profits. After all, its parent corporation, Clear Channel International, donated $20,000 to support Muni reform measure Proposition A — authored by Board of Supervisors president Aaron Peskin — on Oct. 15, just days before Clear Channel Outdoor won its big bus transit deal with the city.

Yet following the corporate money even further makes it clear that altruism isn’t what motivates corporate spending. No on K also benefited from independent expenditures by the San Francisco Chamber of Commerce 21st Century Committee, a general-purpose committee created in 1999, which received major funding this year from the Gap ($10,000), Pacific Gas and Electric Co. ($7,500), Bechtel ($5,000), Catholic Healthcare West ($5,000), and Clear Channel Outdoor ($1,000).

The 21st Century Committee also spent $716 for newspaper ads opposing Prop. A, which would net the MTA at least $26 million per year from the city’s General Fund. Sutton — a former chair of the California Republican Party — and his associates effectively control the 21st Century Committee, which is also helping Newsom, his top client, avoid facing the Board of Supervisors in public. The committee has made independent expenditures opposing Proposition E, a charter amendment that would require the mayor to make monthly appearances before the board, something voters approved last year as an advisory measure. According to Newsom spokesperson Nathan Ballard, defeating that measure is the mayor’s top priority this election.

"I think he’s focused on his own race and also Question Time. There’s where he’s spending his resources," Ballard said when asked why Newsom isn’t campaigning or fundraising for the Yes on A and No on H campaigns, even though he supports those positions.

The 21st Century Committee has also made independent expenditures in support of Proposition C (which would require public hearings for measures that the board or the mayor places on the ballot), Proposition H (see "Transit or Traffic," page 18), Proposition I (which would establish an Office of Small Business), and Proposition J (Newsom’s wireless Internet advisory measure).

Each of these ballot measures has a committee dedicated to raising funds, but as of Oct. 25, only the Small Business Campaign (Yes on C) appeared to have no outstanding debts, or accrued funds, as they are called in campaign finance circles. Maybe that’s because the Small Business Campaign got $10,000 from the 21st Century Committee, $5,000 from PG&E, $2,500 from AT&T, $8,500 from the SF Small Business Advocates, and $1,000 from the Building Owners and Manufacturers Association of San Francisco’s political action committee.

Yes on C also got a $7,500 contribution from the Committee on Jobs Government Reform Fund, which has ties to Clear Channel, the MTA, and efforts to influence local transportation policy. Records show that on Nov. 4, 2005 — just before the election — the Committee on Jobs Government Reform Fund reported a $6,900 "loan" for radio airtime and production costs from Clear Channel to help defeat a measure that would have split the MTA appointments between the mayor and the Board of Supervisors.

Fast-forward to Oct. 3 of this year, when the Committee on Jobs, which reported its "loan" as accrued funds for almost two years, reported that this debt has now been forgiven. Which is odd, given that, as of Oct. 25, the Committee on Jobs had a cash balance of $778,000 — and had just received $35,000 from financier and Committee on Jobs board member Warren Hellman, $35,000 from AT&T, and $50,000 from the Charles Schwab Corp.

Equally interesting is the fact that the day after the Oct. 25 preelection filing deadline, the Committee on Jobs gave $25,000 to the Sutton-controlled No on E: Let’s Really Work Together Coalition. Such large late contributions require a notice to Ethics that can often escape notice by the media and voters.

The donation perhaps went to help balance the committee’s books; despite receiving $85,084 in monetary contributions, including $10,000 from attorney Joe Cotchett and society maven Dede Wilsey, No on E spent $110,244 before Oct. 25, leaving it with $26,610 in accrued debt.

No on E isn’t the only Sutton-controlled committee whose spending has outpaced donations received: as of Oct. 25 the Yes on H–No on A pro-parking committee and Newsom’s WiFi for All, Yes on J committee, not to mention the Gavin Newsom for Mayor campaign, were all registering large amounts of accrued debt.

Having these debts isn’t illegal. And it’s not unusual for a campaign to have a pile of unpaid bills at the time of its last preelection finance filing. But as Ethics Commission director John St. Croix told the Guardian, accrued funds "shouldn’t be used to hide who your contributors are. The idea of disclosure is to let voters know ahead of elections who is trying to influence their vote."

St. Croix points to the fact that committees are required to make reports every 24 hours in the 16 days before an election "so you know what they are spending on…. But if committees don’t report campaign contributions and people fundraise after the election, that could be a de facto way to hide who the contributors are."

And while Sutton has been characterized by many, including the Guardian (see "The Political Puppeteer," 2/2/04), as the dark prince of campaign finance, St. Croix says he doesn’t automatically suspect something is wrong just because a campaign has a lot of accrued debt.

"But if people suspect that to be the case and they file a complaint, Ethics investigates," St. Croix said, adding that for him, "really massive accrued funds would be a red flag."

Asked what he meant by massive, St. Croix said, "It depends on the office. You might expect a lot more to accrue in a mayor’s race or large campaigns that tend to do a lot of last-minute spending."

As of Oct. 25, Gavin Newsom for Mayor had received $1.1 million and spent $1.3 million, had a cash balance of $457,994 — and was reporting $97,548 in accrued debt, with $46,500 owed to Storefront Political Media, the company run by Newsom’s campaign manager, Eric Jaye.

Noting that Ethics’ job is "to get people to file on time and chase after those who don’t," St. Croix said that those who don’t file and are making major expenditures right before an election are the ones who will face the biggest fines. "They could face $5,000 per violation, which could be $5,000 for every contribution that was made to finance a smear campaign and wasn’t reported," he said.

The biggest fine the Ethics Commission has ever issued was $100,000 for Sutton’s failure to report until after the 2002 election a late $800,000 contribution from PG&E to help defeat a public power measure.

Compared to other years, the amounts of accrued debt in this election may look small, but former Ethics commissioner Joe Lynn points to a disturbing pattern in which Sutton-controlled committees were insolvent before the election, then raised funds later or, as in the case of the Committee on Jobs, magically saw their debts forgiven.

"If I am a candidate running for mayor, like Gavin Newsom, and I personally rake up $100,000 in debt and have a big financial statement, then that means there’s a creditor willing to advance me those funds," Lynn said. "But if the debt has been raked up by a ballot measure committee, then who is responsible? Why would vendors spend $10,000 for that committee unless they knew that debt was wired from the get-go?"

But the result is the same: voters don’t know who donated to the campaign until after the votes have been cast. A clear historical example of this debt scheme can be seen in the June 2006 No on D Laguna Honda campaign. In its last preelection report, No on D had $59,750 in contributions, $18,664 in expenditures — and $130,224 in debt.

But during the 16 days before the election, No on D suddenly got $110,000 in late contributions from the usual suspects downtown, including $2,500 from Hellman, $15,000 from Turner Construction, $10,000 from Wilsey, $2,000 from the San Francisco Chamber of Commerce, and $2,500 from the Building Owners and Manufacturers Association of San Francisco.

As Lynn explains, campaign finance laws only require disclosure of contributions, not expenditures, made in the 16 days before an election — and only $64,000 worth of the contributions used to pay off No on D’s accrued expenses were disclosed, with $10,000 each from the California Pacific Medical Center and Kaiser Permanente trickling in on or after Election Day.

This year campaign finance watchdogs like Lynn note that the Sutton-controlled Yes on H–No on A committee has been hiding its contributors. In its first preelection report, filed Sept. 22, Yes on H showed $113,750 in contributions, $111,376.18 in expenditures, and $69,806.98 in accrued debt.

A month later it has doubled its contributions, tripled its expenditures — and had increased its accrued debt to $77,509. Lynn predicts that Yes on H’s accrued debt will be paid down by late contributions after the election or forgiven later on.

"The solution to the debt scheme is twofold," Lynn said. "Prosecute people doing the scheme and pass a law prohibiting campaigns from making more expenditures than they have contributions. Technically there is nothing illegal about reporting more debt that you have the cash or contributions to pay, but no businessperson regularly offers services in situations where it isn’t clear that they will be paid."

Since the Oct. 25 filing deadline, late contributions have continued to pour into No on E big-time, for a total of $59,500. That includes $25,000 from the Committee on Jobs, $2,500 from Jonathan Holzman, $6,000 from Elaine Tsakopoulos-Kounalakis, $1,000 from Chris Giouzelis, $1,000 from Nick Kontos, $1,000 from Farrah Makras, $1,000 from Victor Makras, $1,000 from Makras Real Estate, $5,000 from John Pakrais, $1,000 from Mike Silva, $1,000 from Western Apartments, $5,000 from Maurice Kanbar, and $5,000 from the San Francisco Apartment Association PAC.

The Yes on A committee hasn’t used the accrued debt scheme, but it has been the second-largest recipient of late contributions. It received $57,000 in late contributions, with donations from Engeo ($1,000), Singer Associates ($2,500), Trinity Management Services ($10,000), Elysian Hotels and Resorts ($5,000), Luxor Cabs ($1,000), Marriott International ($15,000), the SF Police Officers Association ($2,000), Sprinkler Fitters and Apprentices ($1,500), Barbary Coast Consulting ($2,500), and SEIU International ($3,397.14).

No on H (Neighbors Against Traffic and Pollution) received $4,500 in late contributions, with donations from Norcal Carpenters, Alice and William Russell-Shapiro, and Amandeep Jawa. And in what looks like a classic case of hedging bets, Singer Associates has made a $2,500 late contribution to both Yes on H and No on H.

Steven Mele, who is treasurer for Yes on A and No on H, told the Guardian, "There’s some people that time their contributions, but their names are out there, reported on public sites. A lot of corporate money comes in prior to the last deadline, then some afterwards. If campaigns are running with a lot of accrued debt, then those people must have an idea of what money is going to come in."

Unlike the campaigns controlled by the Sutton Law Firm, Mele’s committees, which work with Stearns Consulting, are not carrying massive loads of unpaid debt. Yes on A had received $302,452 and spent $279,890 and had $17,749 in debt as of Oct. 25. No on H had received $134,458 and spent $124,088 and had no debt as of Oct. 25.
Mele also believes that while campaign finance rules were written to make the money trail more transparent, "They’ve resulted in the public being inundated with so much information that they tend to glaze over."

PG&E dropping the dime

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Last bus to Oakland! The cell phone photographer who sent us this shot said the driver of the rented vans had been hired by PG&E to bus people to City Hall from the East Bay to speak against the peaker power plants

Who got a robo-call last night about the city’s plan for new power plants? Was there something about three new fossil fuel power plants “right in the middle of the city” on your answering machine when you got home?

There was on ours:

“These new plants will further reliance of fossil fuels, add to global warming, and cost up to $500 million. And they aren’t even needed because there’s a green alternative. If you would like to join our efforts to stop the SFPUC, please press 1 or if you’d like more information please press 2. This call was paid for by the Close It Coalition with the proud sponsorship of PG&E. Find out more on closeitcoalition.org.”

PG&E…you’re so tricky. Your press office never has time to return our calls for comment but you’re dialing up half the city as part of your bogus campaign for clean energy.

The SFPUC will be discussing the peakers tomorrow — Wednesday Oct. 31 — at 2:30 in Room 400 at City Hall. Maybe PG&E will bus in some more people to speak against the peakers like they did for the last PUC hearing on Oct. 23.

Our source for that tidbit said he asked the driver of the rented Enterprise vans who had hired him and the response was PG&E and the A. Philip Randolph Institute. We asked APRI’s executive director Guillermo Rodriguez if they bought the vans. He denied it, and said he has complete control over APRI’s two credit cards and neither had been employed for such a task.

Up until two years ago, Rodriguez was Senior Director of Public Affairs for….Holy shit! PG&E. Last year, APRI received $85,000 in grants from PG&E. I wonder what they’re doing with all that money?

The peaker problem

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San Francisco is finally moving forward on a plan to put four small electric power plants into operation, three of them in Southeast San Francisco. In theory, there’s merit to the idea: The plants would be owned by the city, and thus part of a future public-power infrastructure.

They came as a settlement in a lawsuit against William[S] Power Co., so they aren’t supposed to cost much. And city officials say that when the plants are operational, the smoke-belching Mirant power plant will shut down, eliminating a major source of pollution in the city’s most environmentally beleaguered region.

But the devil is in the details, and if the San Francisco Public Utilities Commission and the Board of Supervisors aren’t careful, this could turn out to be the project from hell.

The power plants are known as combustion turbines, or CTs. In effect, they’re just large jet engines. The city’s owned them since 2003, but is only now figuring out how to get them up and running.
It’s been a complicated process: Although the city paid no cash for the turbines, they need to be placed in a specially constructed facility, which needs special wiring and plumbing. The state was supposed to pay some of that cost, but now has backed down, leaving the city with an estimated $61.4 million tab.

The SFPUC’s solution: Cut a deal with a Japanese outfit called JPower, which has agreed to put up the cash to build the facility if it gets to run it and sell the power for the next 13 years (30 years for the turbine that will run at the airport) The actual terms of the contract remain secret – although the city’s Sunshine Ordinance clearly states that sole-source contracts like this one must be released to the public, the SFPUC hasn’t responded to our public-records request for the documents. Which doesn’t tend to instill confidence.

Then there’s the Mirant issue. Community activists have been trying to shut down the plant for years, but the state won’t allow it. State regulators insist that some generation capacity be sited in San Francisco, and they won’t allow the plant to be shut down unless there’s an alternative.

However, Mirant has a lucrative state contract to fulfill that capacity needs, and state officials have agreed in writing that if the CTs are on line, they will terminate the deal. That ought to give Mirant an economic incentive to turn off the switch – but the company hasn’t made any promises and remains very vague about its future plans.

The politics of the plant siting are complicated, too. There’s an Astroturf coalition, entirely sponsored by Pacific Gas and Electric Company, that opposes the plants and is claiming that they will add more fossil-fuel generation and noxious fumes to the southeast. A nonprofit called the Brightline Defense Project is suing to stop the plants, on behalf of the A. Philip Randolph Institute – and that organization received $135,000 in funding from PG&E over the past three years, $85,000 of it in 2006, according to PG&E’s annual statement to the California Public Utilities Commission. PG&E doesn’t want the competition from another energy provider – and really, really doesn’t want the city to build power generation that could be used in an effort to create a municipal utility. So some of the most visible critics have little credibility.

On the other hand, some legitimate environmental justice advocates and some longtime residents of the neighborhood fear that the worst of all possible outcomes could happen – the CTs AND the Mirant plant could wind up operating at the same time. The CTs, also known as peakers, would generate less pollution that Mirant in part because they’re designed to be operated only a few hours a day, during peak times of electricity demand. But the state license actually allows each plant to be run as much as 11 hours a day. And JPower will be trying to recoup its money as fast as possible, and will have every incentive to keep the juice flowing.
The combined impact of three new fossil-fuel power plants, running at maximum capacity, and the exiting Mirant plant would be an unacceptable burden for southeast San Francisco – and the SFPUC and the supervisors have to do more than rely on Mirant’s vague statements to prevent that from happening.

Ideally, we’d prefer no new fossil-fuel plants in the city at all, and we’re not convinced that San Francisco even needs the peakers. Conservation, along with new solar, wind and tidal power, could easily fill the rather modest gap between what San Francisco has now and what it will need in a Mirant-free future. But that decision is in the hands of California Independent System Operator, which controls the grid, and the CAISO insists that Mirant will stay open unless the peakers are running. That agency needs to be reformed, and the state Legislature should take it up next session. The CAISO should be required to consider increased efficiency, conservation and alternative generation as a viable alternative to building and running fossil-fuel plants.

In the meantime, there’s a simple solution here: The SFPUC should refuse to give the peakers a green light unless the city controls the on-off switch. Specifically, the contract should limit the number of hours the turbines can operate – and must state specifically that they can never be turned on until Mirant is shut off for good.

In a September, 2007, environmental assessment, the SF Department of Public Health noted that “it’s imperative that the city … obtains an agreement from Mirant to secure closure of the [Potrero] plant before the final approval of the SFPUC to site the new CTs.” That may not be possible, since Mirant isn’t cooperating – but the city has every right to set rules about when the CTs can run.

It’s simple: When Mirant throws the off switch, and that plant is cold and dead forever, JPower and the city can turn the peakers on. Not one minute before.