San Francisco Chronicle

PG&E and a Rock Rapids, Iowa, liberal

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By Bruce B. Brugmann

I confess. I am an old-fashioned Rock Rapids, Iowa, liberal. For starters, that means I grew up in a little town in northwestern Iowa that has had public power since 1896 and so i know personally that public power is cheap, reliable, and accountable.

In San Francisco, where PG&E private power is expensive, unreliable, and unaccountable, I was startled to find that I am suddenly an “ultra liberal,” along with a host of other progressives and independents who support the Clean Energy Initiative and public power.

Yes, according to PG&E and the San Francisco Chronicle, we are all suspicious characters and ought to be kept under watch for the duration for advocating such “ultra-liberal” things as clean energy, renewables, public power, mandates for making San Francisco a world leader in renewables, and kicking PG&E out of the mayor’s office and the DCCC.

As Tim Redmond points out in his Editors notes (8/20/08), the term first appeared in Heather Knight’s Aug. 15th article on the changes in the Democratic County Central Committee (DCCC), for decades the unassailable bastion of the Burton/ Brown machine. Her lead, he noted, was “almost breathtaking ” in its drama. She wrote that the party “has veered dramatically to the left,” and that it would be telling voters to vote for a raft of “ultra-liberal politicians supervisorial candidates” and, among other things, to “embrace public power.” (The Clean Energy Initiative, as it is appropriately known, mandates aggressive goals for renewables but PG&E gallops swiftly by this point and loves to say without evidence that the initiative is a $4 billion takeover of PG&E, which is yet another Big PG&E Lie.)

Meanwhile, the new Chronicle columnist Willie Brown, who ran endless errands for PG&E as mayor and as a private attorney on the public payroll, and collected a nifty $200,000 in “consulting services” in 2007 from PG&E, wrote without gulping:

“It was quite a week for local politics, with the certified takeover of the San Francisco Democratic County Central Committee by outgoing Board of Supervisors President Aaron Peskin and Chris Daly…But what’s really going on here behind the headlines is a move by the ‘progressives’ to take over the central committee a la Tammany Hall or Richard Daley’s Chicago. The goal is to control the party money and endorsements–and that way be able to pick candidates for office as well.

“In other words the central committee will be Peskin’s shadow mayoralty, allowing Peskin to keep calling the shots even when he leaves office.”

Tammany Hall? Richard Daley’s Chicago? Why didn’t Wiillie just say what the facts are: that the Burton/Brown machine, and Mayor Newsom and PG&E et al, are no longer calling the shots on the DCCC and that a group of real progressives are cutting the umbilical cord to machine politics and calling the shots with real progressive issues and initiatives, such as the Clean Energy Act. Willie also couldn’t say of course that PG&E got much of its influence through his office as mayor and the Burton/Brown machine, which never put as much as a pebble in PG&E’s monopoly path. Thus, until now, the machine-dominated DCCC has been a safe haven for PG&E and even this time around the real progressives only won through a major organizing effort and tough battle.

Tim wrote that he thinks Newsom’s political operatives are mad that “the progressives have seized control of the term ‘progressives.’ which is in fact an accurate and historically valuable term. They’d like to call Newsom a progressive mayor, which is inaccurate and historically invalid. But since they can’t get away with that, they’ve pushed the Chronicle to use another term for people like Chris Daly and Aaron Peskin and the best the editors could come up with is ‘ultra liberal.'” The Chronicle, which appears to be once again revving up for PG&E, tosses a juicy T-bone to PG&E and its campaign theme that only the loony left would support such dread issues as clean energy and public power.

Maybe we have a new insight into the term progressive. A real progressive supports the Clean Energy Act and public power, while a phony Willie Brown/Gavin Newsom ‘progressive,’ in quotes, supports PG&E and opposes the Clean Energy Act. In short, there is a big difference between a real progressive and a PG&E ‘progressive.’

And me? I’m still just an old-fashioned Rock Rapids, Iowa, liberal.

More to come on this illuminating subject, B3

P.S. 1:Hearst ethics policy: If Hearst wants to present Willie Brown as a “legitimate” journalist and featured political columnist, making value judgments and ethical pronouncements on who is and is not a real progressive and whether the DCCC has been taken over by clean energy progressives playing Tammany Hall/Richard Daley machine politics, the Chronicle ought at minimum to require disclosure of his “consulting services” for PG&E and other private interests that would conflict his column? What specific “consulting services” did he provide for PG&E in 2007? What is he doing now for PG&E and for how much in the November election? Is he writing a political column for the Chronicle and working for PG&E at the same time? Is he advising PG&E on how to “steal” another election?
(I left a message for Willie at the Willie Brown Institute and I put out an email to Hearst corporate for comment on Willie’s PG&E/editorial role.)

It was Mayor Willie, as the public power campaign was winning in the 2001 public power election, who ordered that the ballots be moved from City Hall to the Civic Auditorium because of an anthrax scare. I remember standing with Angela Alioto about l0:30 p.m. on election night when then Elections Director Tammy Haygood, announced the anthrax move. “Angela,” I said, “we’ve lost the election.” She didn’t believe me and kept saying, “No, no, we couldn’t lose the election now.” Alas, I was right.

We raced over to the Auditorium where there was only minimal security. There was no evidence then or later of an anthrax scare. PG&E came from behind and won by a bare 500 votes. Several days later, several tops of the election boxes were found floating in the bay. There was no explanation from Willie nor his election director and no real investigation. The gallows humor was that the campaign should hire divers to go into the bay and find the missing ballots.

PG&E’s big payments: PG&E discloses the $200,000 payment to Willie Brown for “consulting services” in 2007 in its annual report to the California Public Utilities Commission. In a key section of this report (called page 257), PG&E is required to list every payment that it made to an outside company or consultant. This amounts to billions year.
PG&E has the entire annual report posted on its Investor Relations website, but, significantly, page 357 is missing.
PG&E’s statement explaining the omission says: “Details of this page are filed with the California Public Utilities Commission.” Reporter Amanda Witherell formally asked the CPUC press office for it and they said they’re “trying to track it down.” But she did get a copy.

Cleaner power, cleaner money

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OPINION Nine months ago neighborhood leaders from the Potrero Hill and the Bayview districts were invited to stand and applaud at a press conference at Mirant’s Potrero Power Plant. As reported in the San Francisco Chronicle: "One of the state’s oldest and dirtiest power plants … could shut down as soon as 2009, city leaders announced…. The mayor said the signing represented ‘an important day in the history of the city.’<0x2009>"

But now that signed agreement to close Mirant — through a decade-long effort to have the city run its own power-generating "peaker plants" as a replacement — is itself on the verge of extinction. Mayor Gavin Newsom, a probable candidate for governor and choosing political expediency over cleaner air, reversed field and claimed that the cleanest way to close Mirant … is to keep part of it running. And a number of environmental activists backed him up, claiming that the city-owned peaker plants would bring more pollution to southeast San Francisco than retrofitted combustion turbines at the Mirant plant.

How can that be, when even conservative estimates admit that the newer city-owned turbines run 30 to 35 percent cleaner than the 40-year-old Mirant turbines?

The answer is money.

The argument goes like this: the city-owned peaker plants are funded by $273 million in revenue bonds and a contract with the state’s Department of Water Resources that runs until 2015. After that, the debt remaining on the bonds would require the city to run the peakers for more hours and many more years of operation than retrofitted combustion turbines at the Mirant plant. The Mirant proposal would be financed by reliability contracts from the state’s Independent System Operator (Cal-ISO) that essentially pay for the turbine capacity, not actual operation. That means fewer running hours, and no potential cost to the city’s budget. Therefore, the Mirant retrofit is less polluting, and the generators can be shut down sooner.

That’s been a persuasive argument so far, and it has stopped further consideration of the city-owned peakers. But the argument misses one important fact and one critical question. The fact is that the city-owned peakers don’t cost $273 million anymore; Cal-ISO agreed in June that the fourth peaker plant (to be located at the airport) wasn’t necessary, leading to savings of more than $110 million.

There’s an even more important question: why don’t we finance the city-owned peaker plants using Cal-ISO’s reliability contracts instead of the bonds and the DWR contract? Apparently no one at the Mayor’s Office, the Public Utilities Commission, or the environmental groups supporting the Mirant retrofit has asked this question. Yet it provides the cleanest answer to the dilemma of the peaker plants — it would give us the cleanest machines, under city control and policy, so they can only run when absolutely necessary and we can shut them down as soon as possible.

At the end of the day the proposal for a Mirant retrofit isn’t really about a retrofit at all — it’s a proposal to keep the city’s energy future in the hands of others. The choice facing us — at City Hall, in the environmental community, and in the neighborhoods — is between being smart about our energy policy or handing over that policy to a corporate boardroom in Atlanta.

Tony Kelly

Tony Kelly is president of the Potrero Boosters Neighborhood Association.

PG&E’s first big lies

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EDITORIAL The San Francisco Chronicle reported Aug. 2 that Pacific Gas and Electric Co. is almost certain to miss the state’s deadline for increased renewable energy generation. It’s a pretty modest goal: 20 percent of the company’s electricity is supposed to come from renewable sources by 2010. But PG&E is nowhere near on track.

But the company is well on its way to spending a record amount of money to block San Francisco voters from passing the Clean Energy Act, which would allow the city to develop renewable energy on a schedule that would meet much more aggressive goals. A political front group funded by the utility has already mailed out or paid operatives to place on doorknobs tens of thousands of flyers packed full of lies about the proposal. It’s the earliest we’ve ever seen a full-scale ballot campaign get underway — the election isn’t until Nov. 4. By then the barrage of PG&E misinformation will reach a fever pitch.

So it’s not too early to start evaluating the campaign rhetoric and exposing the most ridiculous of the lies.

PG&E is starting out with four basic themes that will probably form the center of the fall campaign. The main attack will be economic — the measure, PG&E will say, is too costly for these tough economic times.

The information the company’s flacks are putting out is so blatantly inaccurate that it’s hard to take any of it seriously. Here’s what the utility is saying:

<\!s> The Clean Energy Act will cost $4 billion and raise electric rates by $400 per household. That’s based on two complete fallacies, and even by PG&E’s standards, this has to go down as one of the worst lies in local political history. For starters, PG&E is assuming that the city will decide to buy out its old local distribution system (that’s not mandated in the Clean Energy Act; there may be smarter ways to get into the renewable energy and public power business). But even if the city did buy the system, there’s no way it would cost close to $4 billion. The state Board of Equalization appraises utility property every year, and PG&E’s own appraisers participate in the discussions. Last year the BOE concluded that all of PG&E’s local property — including a big downtown office building — was worth about $1.2 billion. PG&E, to our knowledge, has never attempted to have that figure (and thus its own tax bill) increased to $4 billion. Without the office building, which the city would have no need to buy, the actual distribution system is probably worth closer to $800 million — putting PG&E’s number off by a factor of five.

The $400 per household figure is based on the cost of paying off $4 billion in bonds — but all the Clean Energy Act does is give the supervisors the ability to issue revenue bonds. Unlike typical general obligation bonds, the revenue bonds would not be backed by taxpayers, and would be repaid by the money the city would make selling retail electricity. And the only way the supervisors would move to take such a dramatic step as an eminent domain action to seize PG&E’s distribution system is if the figures show that the city can pay off the bonds without raising electric rates.

<\!s>The act would give the supervisors a blank check to issue bonds without voter approval. Actually, it would just give the board the same authority the Port Commission and the Airport Commission already have — the ability to issue revenue bonds — just revenue bonds — to fund renewable energy and utility projects. If the projects make no sense economically, investors won’t buy the bonds anyway. So only well thought-out projects with a clear revenue stream are even possible. Lots of public agencies have this authority, and it’s rarely misused.

<\!s>Electric rates would go up. Nonsense — every public power city in Northern California has lower electric rates than San Francisco. PG&E has some of the highest rates in the nation. Public power is always cheaper.

<\!s>The city will lose $20 million in tax revenue. Yes, if the city were to take over PG&E’s distribution system, the city would no longer collect the tiny pittance it currently gets as a franchise fee. The fee is the lowest in the state and among the lowest in the nation (and is set in perpetuity). The revenue from a public power system would more than make up for that loss.

PG&E is terrified by this proposal, so nervous that it started a massive campaign months before the election. There will be more lies coming, most of them attempts to scare the voters into thinking that the Clean Energy Act is expensive and risky. We’ll debunk them as they come along. In the meantime, the supervisors ought to hold hearings on these issues, particularly the cost issue, and ask the Board of Equalization’s experts to come and testify — so that PG&E’s lies can be exposed to the broadest possible audience.

Extra! Extra! Exposing PG&E’s Big Lies

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By Bruce B. Brugmann

For connoisseurs of PG&E’s Big Lies in political campaigns, the company’s early massive carpet bombing against the Clean Energy Initiative is most revealing. They are panicked.

Most likely, PG&E will not attack the fundamental premise of the pioneering measure (after all, clean and renewable energy is in this year). But, as our editorial this week notes, PG&E’s theme is to try and scare voters into thinking that the Clean Energy Act is too risky and too expensive in these difficult times. (The last time out, PG&E just used the phrase “too risky, too costly.”)

And they use just plain Big Lies, repeated endlessly in mailers, ads, astroturf campaigns. The reason they often get away with the ads is that they spend millions of dollars to push them and the local media retails them allegro furioso and does little to correct them. and even, in the case of the San Francisco Chronicle, just leaves the initiative out of the news and has yet to do a decent story or insert the local clean initiative angle on their energy stories.
For example, take David Baker’s otherwise creditable front page story in the Saturday (Aug. 2) Chronicle, “”Utiliies To Miss Energy Deadline, PUC says providers are failing to harness 20% from sun, wind.”

Baker doesn’t says nothing about the initiative, which sets ambitious goals for renewable energy. He didn’t quote its sponsors (Sups. Ross Mirkarimi and Aaron Peskin). He didn’t talk to any of the campaign leaders (chair Julian Davis, the Sierra Club’s John Rizzo et al). He didn’t point out that other studies, including one for the California Energy Commission, gave higher marks to public utilities. Why did he ignore the hottest issue on the fall ballot that tied directly into his story? I put the question to him in an email. No answer.

The point: since the local mainstream media don’t correct PG&E’s Big Lies, we’ll do so on a regular basis. .
Let us know if you spot one we haven’t covered. On guard, B3

P.S. A Potrero Hill martini to Matthew S. Bajko, who corrected a PG&E whopper in the Bay Area Reporter blog.
He noted that PG&E got “glowing media coverage” for its $250,000 shareholder donation to the campaign to defeat Proposition 8, the anti-gay marriage ban on the November ballot. The news, he said, was “just the latest in a string of pink steps the company hs taken this summer.”

However, he reported that the pro-gay moves “strike some San Francisco officials as suspect, as the company is locked in a fierce battle with state and local officials over two similar clean energy bills on the fall ballot.”
Some are questioning “PG&E’s altruism in the marriage fight” to shield it from the company’s “homophobic smear campaign” this spring against openly gay Assemblyman Mark Leno in his successful primary victory and that PG&E was behind the mayor’s ouster of Susan Leal as general manager of the PUC.

And he did what Chronicle reporters have not done: called the Clean Energy Campaign for comment. Spokesperson Julian Davis had a good one, “I think addition to greenwashing, PG&E is engaged in gay washing.”

Vega leaving the Chron for KGO-TV

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vega.jpg
Cecilia Vega — who covers Mayor Gavin Newsom for the San Francisco Chronicle, where she broke big stories ranging from the big sex scandal to the mayor’s extravagant spending during hard times — has taken a job with KGO-TV Channel 7 covering Oakland City Hall.
It’s a loss for the newspaper industry, which Vega has worked in for about 10 years, reporting for the Santa Rosa Press Democrat and San Bernardino Sun before joining the Chron four years ago. But Vega — who has been a colleague of mine on the City Desk News Hour (a TV show she’ll also be leaving) for the last couple years — sees it as a good opportunity during these trying times for the Chron, which has made deep staff cuts to cope with declining readership and big financial losses.
“Making the decision to leave newspapers wasn’t easy — even in these uncertain times in the industry. It’s not something I ever thought I would do. But I’ve got a great opportunity to learn a new form of story telling at Channel 7. And besides, with all the scandals going on in Oakland City Hall right now, what political reporter isn’t itching to do stories there? It’s an exciting opportunity I just couldn’t pass up,” Vega told me.
Her last day at the Chron is July 25 and she’ll be starting her new gig in early September after getting married in August. The word is reporter Erin Allday, a novice to political reporting, will take over the Newsom beat.

Real money, false arrest

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› gwschulz@sfbg.com

The false arrest of an elected official in San Francisco for using a $100 bill that police wrongly thought was counterfeit has evolved into a potentially precedent-setting legal struggle over police accountability.

The San Francisco City Attorney’s Office is seeking to appeal the case all the way to the conservative-dominated US Supreme Court, an expensive fight that could overturn what would seem a welcome ruling in liberal San Francisco. The Ninth Circuit Court of Appeals last August affirmed in the case that citizens have the right to sue police officers after being unreasonably arrested for a crime they didn’t commit.

After a federal district judge refused to grant qualified immunity to the officers and throw out the lawsuit, City Attorney Dennis Herrera’s office insisted on repeated appeals argued by deputy city attorney Scott Wiener, rather than settling for a few thousand dollars and accepting that the cops simply screwed up.

"There are some people who would say ‘Why don’t you just pay a little money to settle it?’<0x2009>" Wiener told the Guardian. "But we have to take a broader institutional perspective, because if you start settling cases that don’t have merit, you’re going to wind up with a lot more cases like that than you would have otherwise."

At the center of the story is attorney Rodel Rodis, a Filipino activist and elected trustee of City College of San Francisco, who was arrested in the spring of 2003 and dragged to a police station for supposedly trying to buy a handful of items from a Walgreens with a counterfeit $100 bill. The bill turned out to be real.

But by the time the officers came to that conclusion, Rodis had suffered what he regarded as the terrible embarrassment of being shoved into a squad car with his hands behind his back in front of neighbors and constituents. It also occurred just around the corner from his longtime law practice and the main campus of City College, where he’s been an elected trustee since 1991.

Rodis promptly filed a $250,000 claim against the city, former Police Chief Alex Fagan Sr., and two officers at the scene alleging false arrest, excessive force, and the negligent infliction of emotional stress, among other things. He later offered to settle the suit for $15,000, but the City Attorney’s Office refused to accept the deal.

Five years and innumerable legal bills later, the case just keeps getting worse for the city — even before it lands in front of a jury to determine if indeed the police should compensate Rodis.

"Part of my mind was saying … ‘I’m not going to argue. I’m not going to resist,’<0x2009>" Rodis said of the arrest. "I put my hands behind my back but I’m thinking ‘This has got to be a mistake. Somebody here has to have some sense.’<0x2009>"

Rodis was suffering from minor allergy symptoms on Feb. 17, 2003, when he headed to a Walgreens on Ocean Avenue he’d been going to for 20 years. It was located near his Ingleside home and a law office he’s had in the neighborhood since 1992.

He picked up some cough syrup, Claritin, toothpaste, and a few other things. The total came to $42 and change, so he tried to pay with a $100 bill.

"I just happened to have it in my wallet," Rodis said.

The drugstore clerk used a counterfeit detection pen to be sure the bill was legit. It was, according to the marking, but the bill was printed in the 1980s before watermarks and magnetic strips were used to help stop counterfeiting.

The young clerk was unfamiliar with the bill’s design and called a manager to be sure. He, too, used a counterfeit pen to confirm that it was real. But the manager told Rodis he was still going to call the police, fearing it was fake. That’s when things turned surreal. Two officers showed up and almost immediately placed Rodis in handcuffs before trying to ascertain if he’d actually attempted to defraud Walgreens.

"They made no effort to determine what the situation was … they just assumed," Rodis said. "When she said ‘Put your hands behind your back,’ I thought I was in some Twilight Zone moment."

A third ranking officer on the scene, Sgt. Jeff Barry, had known Rodis for years as a local lawyer and City College trustee. Their sons were classmates. But Barry allegedly failed to step in and question whether Rodis was likely to be a fraud artist.

Another officer, Michelle Liddicoet, told Rodis she knew who he was and that he "should be ashamed of himself," according to the suit.

Feeling humiliated as other Filipinos he knew looked on, Rodis was put into the back of a patrol car and taken to Taraval Station, where he was handcuffed to a bench. There he waited another 30 minutes or so until the police officers were able to reach the Secret Service, which investigates currency for the US Treasury Department. A federal agent confirmed that the bill was likely genuine. The whole ordeal lasted about a couple of hours and Rodis was driven back to the drug store.

"This wasn’t a situation where Mr. Rodis was held in jail overnight or for a week or had to post some large amount in bail," Wiener said.

Fagan sent out a department memo shortly afterward stating that suspects have to know the currency they’re using is counterfeit before being arrested, and in any event, if they insist it’s real, the officer can book the bill as evidence for later examination and give them a receipt without arresting anyone.

But by then the damage was done and the hasty reaction of police would lie at the heart of the case that Rodis subsequently filed.

Rodis is an unlikely champion of police accountability. Known for his cantankerous personality, he all but accused the secretary of the San Francisco Veterans Equity Center last month in his regular column for the Philippine News of supporting a band of communist guerillas in the Philippines known as the New People’s Army, a charge the man angrily denied.

He bitterly responded with a string of e-mails last year when the Guardian reported he was several months late in sending legally required campaign disclosure forms from his 2004 reelection to the Ethics Commission (see "At the crossroads," 07/17/07).

But the city’s police academy also has invited Rodis to lecture recruits about San Francisco’s Filipino community as part of the department’s sensitivity training. A week after the incident involving Rodis, an elderly Filipino man who sold the San Francisco Chronicle downtown was savagely beaten and robbed of $400. He never found a police officer while walking to his Tenderloin home, where he died. The two incidents, one following on the heels of the other, enraged the city’s Filipino population of 36,000, and Rodis believes it proves the police department continues to have trouble with discrimination.

"The fact that it happened to me meant that I was in a position to do something about it," Rodis said of his dust-up. "For many [Filipino immigrants] … they wouldn’t have had the resources or the knowledge of the procedures to fight back. Even up to now, five years later, I still bump into people who appreciate the fact that I filed the action."

The case was assigned to Wiener, who is coincidentally the elected chair of the San Francisco Democratic County Central Committee and a longtime party activist in a city that’s famously wary of any perceived threat to civil liberties.

In his capacity as a lawyer for the city, though, Wiener tried to have Rodis’ suit tossed using a common courtroom maneuver known as summary judgment. Civil defendants request them from a court by arguing that a claim is so lacking in merit that they shouldn’t have to endure a costly, time-consuming jury trial.

He also made the standard claim that city employees — in this case police officers — are shielded by what’s known as qualified immunity, a legal argument designed to allow them room to make honest mistakes without facing an endless barrage of expensive litigation.

In March 2005, federal district judge Maxine Chesney granted the request in part, throwing out Rodis’ claim of liability against the city and county. But she allowed the part of the suit involving the two officers to move forward, arguing the arrest was illegal because they didn’t have probable cause that Rodis intended to defraud the store.

So Herrera’s office turned to the Ninth Circuit Court of Appeals, and in a move that surprised Wiener, the panel ruled 2-1 that public employees are entitled to qualified immunity, but not when they fail to act on their considerable law enforcement powers in a reasonable way and take into account all factors present at the scene.

To put it bluntly, cops sometimes make an error in judgment but they still have to use their brains for establishing probable cause. The panel also argued that even if the bill was counterfeit, Rodis did nothing wrong if he wasn’t aware of it.

"Even without knowledge of Rodis’ identity and local ties," the majority wrote, "based on the totality of the other relevant facts, no reasonable or prudent officer could have concluded that Rodis intentionally and knowingly used a counterfeit bill."

Now Herrera had on his hands published legal precedent that his staff believed imposed a new requirement on police officers to not only conclude that perpetrators passed counterfeit currency but also that they intended to defraud their victims. The decision, city officials claim in their pleading to the Supreme Court, could hamstring local and federal law enforcement investigating counterfeit currency and some other types of fraud.

"They said it was clearly established that probable cause is a fluid concept," Wiener said of the ruling. "Well, that’s a meaningless statement. Of course probable cause is a fluid concept. But the point of qualified immunity is that officers are entitled to rely on the current state of law about what the requirements are and shouldn’t have to predict what a judge is going to do down the road."

Lawrence Fasano, a lawyer for Rodis, counters that Fagan’s memo to the department reinforced the court’s opinion. Considering that the police and people in the neighborhood had known Rodis for years, the officers on the scene should have concluded that it was out-of-character for him to pass a counterfeit bill.

"All the evidence that was looked at by the police officers at the time indicated that he did not intend to pass counterfeit currency, including the fact that he had other $100 bills in his pocket that were genuine," Fasano said.

Fasano argued, too, that case law in California made clear the issue of intent cannot just be set aside by police.

Other cities and counties in California so fear the case’s impact that two interest groups representing them, the League of California Cities and the California State Association of Counties, filed a joint friend-of-the-court brief after the Ninth Circuit’s ruling, arguing that digital counterfeiting was a "threat to the nation’s fiscal health" that could grow in the future, and if allowed to stand, "the panel majority’s decision would eviscerate the doctrine of qualified immunity to the detriment of the public."

Wiener filed the Supreme Court petition in May after a larger panel of Ninth Circuit judges rejected a request for rehearing earlier this year. While the Supreme Court accepts only a fraction of the thousands of cases it receives annually, Wiener believes there’s a chance it will be accepted because of another such case it’s examining from the Tenth Circuit. The city won’t know for sure until the fall.

He adds that it’s extraordinarily dangerous for police to be forced to consider a citizen’s status as an elected official before concluding that probable cause exists for an arrest. The City Attorney’s Office won’t disclose how much has been spent on the case until it’s resolved, but Rodis estimates he’s spent more than $50,000.
The US dollar may be losing value internationally, but a $100 bill from the 1980s could cost San Francisco big bucks.

Bad grades

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› gwschulz@sfbg.com

A much-anticipated audit of City College of San Francisco’s spending of bond money finds that school officials promised voters more than they could possibly deliver and then didn’t allow proper oversight of hundreds of millions of dollars in public funds.

A minority faction on City College’s Board of Trustees has for years sought a performance audit of the school’s bond projects, which includes $441.3 million authorized by voters during elections in 2001 and 2005. The audit by Sacramento-based MGT of America was released June 4.

The faction, led in large part by longtime trustee Milton Marks, often publicly quarreled with former Chancellor Phil Day over the matter, arguing that Prop. 39, a state ballot measure that passed in 2000 and made it easier for school districts to get voter approval for bond financing, legally required full annual performance audits of its capital spending on new classrooms, laboratories, a gymnasium, and a performing arts center.

But school administrators denied they were necessary or claimed that the cursory, more limited financial audits done each year met the legal mandate. Pressure on Day’s administration finally became insurmountable last year as San Francisco’s District 12 state Assembly Member Fiona Ma began threatening to have the state conduct its own audit, offering deeper scrutiny and wider disclosure than City College officials were perhaps prepared to stomach.

"My overall feeling is that we appreciate their efforts, accept their findings, and will implement all of the recommendations," a conciliatory Vice Chancellor Peter Goldstein told the Guardian in response to the report.

While mostly mild in its language, the audit shows that the school may have violated state law by granting several small contracts to the same construction companies so City College could avoid the headache of competitive bidding.

The state’s Public Contract Code requires that projects costing more than $15,000 go to the lowest responsible bidder through a competitive process, a provision designed to save money for taxpayers. But between 2005 and 2006, the community college entered into seven separate no-bid contracts with one construction firm totaling $83,545 for work at its Cloud Hall facility on Ocean Avenue.

"It’s unfortunate that two of the project managers were not aware or did not appreciate the importance of that rule," Goldstein said. "They’ve been counseled and we don’t expect to have any more occurrences of that type."

The auditors found "similar multiple contracts" — totaling less than $100,000, Goldstein said — where the work should have been combined into one larger contract and approved by the school’s independently elected Board of Trustees.

The audit reserved special criticism for a bond oversight committee required by Prop. 39 to watchdog the school’s capital spending. The Guardian reported last year that such committees in other districts, for example, West Contra Costa County routinely received full performance audits and met more often than City College’s oversight committee (See "Who’s following the money?", 07/10/07).

But the group of citizens here, which includes San Francisco Treasurer José Cisneros and former San Francisco Chronicle publisher Steve Falk, who’s now head of the San Francisco Chamber of Commerce, has done far less than what the law asks it to do.

The report says that one oversight committee member, who goes unnamed, told the auditors that it wasn’t the committee’s responsibility to determine how City College actually spends the funds. The auditors also watched former Chancellor Day tell the committee at a January meeting that its reach was limited solely to ensuring that City College complied with certain provisions of the state’s Constitution.

That turned out to be totally untrue. "The intent of this law is to provide a broad oversight role for the committees, thereby encouraging cost-effective use of bond funds," the report states.

"Many of these things that are in the report are things that people on the board have been saying all along," Trustee Marks said. "We really shouldn’t have had to spend $250,000 for someone on the outside to tell us this."

The original estimate for all of City College’s ambitious bond projects amounted to about $539.7 million, and the school has offset many of those costs by securing tens of millions of dollars in matching funds from the state. But as of January, the total cost has ballooned to $968 million. Last year the Guardian reported that the school gutted several projects promised to voters by "reallocating" roughly $130 million from their budgets to save other projects suffering from skyrocketing cost overruns (See "The City College shell game," 07/03/07).

Trustee John Rizzo, who joined Marks in asking for an audit, said he wished the report had done more to explain why many of the projects were poorly planned, leading to millions of dollars in higher costs. He cited as examples the new Mission Campus and a health and wellness center for athletes.

Rizzo told us, "Just from what contractors say and what staff has been reporting, that still needs to be looked at."

Editor’s Notes

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› tredmond@sfbg.com

The San Francisco Chronicle has suddenly discovered that the middle class is leaving San Francisco.

Staff writer James Temple broke the news on the front page of the Sunday, June 23 paper with a lead sentence that boggles the mind in its insight and news value: "The number of low- and middle-income residents in San Francisco is shrinking as the wealthy population swells, a trend most experts attribute to the city’s exorbitant housing costs."

I don’t want to downplay the importance of this story. It could have (and should have) been written a decade ago, when Willie Brown was mayor and city planning policy, combined with the dot-com boom, started San Francisco on the path toward becoming the first fully gentrified big city in America. And I’m always frustrated when a daily newspaper reports after the fact on something that could have been prevented, or at least slowed, back when the story first became a story.

But the news is still news today, and the fact that the Chronicle has facts and figures and demographers denouncing and community leaders deploring means the problem will be getting some additional attention this fall. That matters, because this November, the future of San Francisco will again be on the line.

And that could be a very good thing.

Calvin Welch, who has been fighting for a progressive city longer than many of today’s activists have been alive, remembers the summer 1972 state ballot: "You had George McGovern. You had the Coastal Commission [Act]. You had the farmworkers [labor law]. You had marijuana [decriminalization]. And you had every constituency on the left coming out to vote for them all. And they all won."

This fall in San Francisco we will have perhaps an even greater perfect storm: a proposed rebuild of SF General Hospital, which is a huge priority for organized labor. A housing justice measure that sets aside money for affordable housing (and could help address the single biggest issue in the city, something even the Chronicle now puts on page 1). A green energy and public power measure (which would shift energy policy toward renewables and bring in millions of dollars). Two new revenue measures that tax the wealthy. Six seats on the Board of Supervisors, including three swing districts that will determine whether the progressive majority that has controlled the board since 2000 will remain intact. And all of that will happen in the context of the Obama campaign and a massive statewide mobilization to protect same-sex marriage.

We are a fractious crew, the San Francisco left, but if we can come together this fall, share resources, and run some sort of large coalition campaign for progressive values, this could be an election for the ages.

The Chron discovers what’s wrong with SF

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It’s taken long enough, but the San Francisco Chronicle has finally figured out the biggest story in town, a story that’s been the single most important part of the city’s political and social landscape for more than a decade: Housing prices are “>driving the middle class out of town.

There’s lots of handwringing and comments from people like Roberta Achtenberg:

“It’s not very healthy for the city’s social fabric or the city’s economy,” said Roberta Achtenberg, an economic development consultant who focuses on workforce housing.

Gee — until recently, Achtenberg worked for the Chamber of Commerce, which has been a big part of the reason that the city drives out poor people and the middle class.

Nowhere in the story is there any mention of the reason official city policy is in large part to blame. You know why there’s no affordable housing? Because we only build housing for rich people.

To surcharge, without love

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OPINION With the first linen pants of 2008, this city commenced collecting employer contributions to the Healthy San Francisco universal health care program. Employers that don’t provide insurance now must pay the city for the public health care their employees use anyway. A number of restaurants have added "Healthy San Francisco" surcharges of 2 to 4 percent to diners’ tabs. These surcharges are at best sour grapes and at worst a diabolical plan to thwart democracy.

Present spite notwithstanding, I spend all my discretionary income on dining. My economic stimulus check stimulated some duck confit and tarte tatin. I’d trade a kidney for dinner at Coi. My disaster preparedness kit includes a Zagat Guide. The stokers of my culinary flame deserve to be treated well. Our restaurant scene should attract the best, the brightest, the most ingenuously-tattooed epicureans. The people of San Francisco deigned to achieve this noble goal by providing a higher minimum wage, paid sick leave, and now universal health care. Oh, the decadence! We’re drifting dangerously close to becoming a civilized society, which could get us invaded. Don’t be surprised when Blackwater goes hunting for Tom Ammiano in a spider-hole.

Some disgruntled restaurants have decided to assess a surcharge rather than raise prices. But all prices fluctuate. When the cost of electricity or halibut goes up, menu prices rise. Regulation affects cost. We knew that when we passed the laws. A surcharge instead of a menu price increase is restaurant owners’ way of saying that workers are less valuable than halibut.

Let them have health care. I enjoy clogging my own arteries so much more when the people feeding me get their cholesterol checked.

Owners claim their profit margin can’t absorb higher labor costs, hence the price hike. Restaurants have high failure rates and run a tight margin.

But raising prices wouldn’t be Armageddon for fine dining in Baghdad by the Bay. Heck, it’s not even Shock and Awe. Maybe I’d notice if Bar Tartine raised prices by 4 percent. Maybe I’d be annoyed. But if my $60 meal became $62, I wouldn’t head to a taqueria. The amount surchargers would have to jack prices before surchargees stay home is quite high. Most of us eating at Bar Tartine can suck it up like so many amuses bouches.

San Francisco Chronicle critic Michael Bauer is wont to blame every restaurant closure on our labor largesse. But restaurants fail for any number of reasons. Could be labor costs, or it could be that Bauer panned them, or that their concept, food, and location were bad, or that the manager was on coke.

Some restaurateurs can’t abide the people of San Francisco reguutf8g them. But that’s life in a democracy. The same people excusing the surcharge as mere kindly consciousness-raising are currently appealing the Healthy San Francisco law. In fact, the Golden Gate Restaurant Association opposes any improvement in labor standards. The folks there hope that diners, our fury stoked by surcharges, will finally rebel against our labor-loving local legislators, stop imposing our so-called values on restaurants, and demand to be served by disease-ridden, malnourished indigent waiters as God and Milton Friedman intended.

Instead of an irascible surcharge, menus could note: "Our food is organic, local, and sustainable. And the cook gets his asthma treated." People who care will be happy, and people who don’t will blithely resume checking the NASDAQ on their iPhones.

So quit grousing. Enjoy the short ribs. See your doctor. Everybody wins. *

Nato Green is a San Francisco-based comedian who has meddled with the primal forces of nature and must atone.

Stunning doublespeak on electricity rates

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While PG&E is requesting the California Public Utilities Commission allow them a 6.5 percent electricity rate hike over the next six months, ostensibly to cover skyrocketing natural gas prices, they’re telling local citizens they’re expecting prices to drop.

In Marin County, our neighbors to the north have been listening to PG&E lobbyists criticize their county’s plan to provide 100 percent renewable energy to residents through Community Choice Aggregation. Their CCA plan, called Marin Clean Energy, will offer customers 25 percent renewable energy by 2009 twice what PG&E offers, and for the same rate. Customers who want to pay a little more can go 100 percent renewable right out of the gate. Ultimately, they’ll scale the 25 up to 51 percent by 2013, and 100 percent thereafter.

Marin argues that 100 percent renewable energy is a more fiscally responsible way to go – precisely because natural gas prices are volatile and will continue to rise. But PG&E says Marin’s plan is too risky and too costly. You can read PG&E’s critique of the plan, and Marin’s apt rebuttal, here.

But recent testimony from Dawn Weisz, MCE’s planner, sums it up pretty succinctly.

“Their [PG&E’s] main criticism is that we won’t be able to achieve the cost benefits,” Weisz told a May 23, 2008 meeting of San Francisco’s Local Agency Formation Commission, who had invited her to brief them on their CCA’s progress. Weisz said they had an independent third party analyze the CCA plan and PG&E’s critique.

The analyst found a key flaw in PG&E’s logic. “They’re using a gas forecast that assumes gas will be 14 percent cheaper in 12 years,” Weisz said.

At this, the entire LAFCO board broke out in laughter. Any sane person knows that isn’t going to happen. As Weisz pointed out, natural gas prices rose an average of 30 percent over the last five years, and as the San Francisco Chronicle reported today, they’re 63 percent higher than they were a year ago. Natural gas is a fossil fuel just like crude oil, and speculators are having their day with it, too.

But PG&E is using their estimate to contend their prices will be cheaper than MCE’s over the long run, so you best not switch services. And as we can see from the awkwardly placed chart to the left, PG&E”s rates have only and ever gone up.

As PG&E continues to cling to their fossil fuel infrastructure, and combats communities who attempt to prove viable, renewable alternatives are possible, we should expect to see PG&E pleading at the CPUC for more and more rate hikes.

Drug deal hurts consumers

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› gwschulz@sfbg.com

City Attorney Dennis Herrera made San Francisco the first government entity in the nation to accuse two major players in the pharmaceutical drug industry of conspiring to illegally manipulate the price of prescription drugs when he filed a lawsuit May 20. Connecticut followed Herrera’s lead days later, and filed an almost identical suit making the same charges.

The cases could have far-reaching implications. If Raymond Hartman, an economist and visiting professor at Boalt Hall School of Law who testified in a related case filed by a group of East Coast labor unions two years ago is correct, then consumers, insurers, and Medicaid administrators nationwide have overpaid for prescription drugs by billions of dollars as a result of the price manipulation scheme (see “Big Pharma’s Shadow,” 12/20/06).

To explain the highly complex litigation, consider how goods are usually priced. Take the 99¢, three-ounce bags of chips that are reliably available at the corner store near your house. Cool Ranch Doritos. Chili Cheese Fritos. Sour Cream and Onion Ruffles. It wouldn’t be a true bodega if there wasn’t a rack of them situated near the front door or register.

For as long as anyone can remember, it seems, they’ve cost just 99¢, regardless of the local cost of living, from Richmond, Va. to San Francisco. That’s because the suggested retail price of 99¢ is printed ubiquitously by the manufacturer on the packaging.

So you’d notice if a sticker suddenly appeared, lazily affixed to your bag of Sun Chips, stating a new price: $1.99. The manufacturer didn’t place it there because behind the sticker you can still see the old printed price. And the counter clerk didn’t place it there, because he knows the true suggested retail price is still just 99¢ and the laws of supply and demand never called for a price increase.

Instead, a local company that buys chips from the manufacturer and distributes them to the bodega in your neighborhood put it there. The bodega owner didn’t complain because now it’s possible for him to earn an extra dollar for each bag. In fact, as a result of the new sticker, he’s more likely to take his business back to that particular distribution company over a competitor since that company is willing to artificially inflate the retail cost of a bag of chips on his behalf simply by putting a new price tag on the bag.

Now imagine that the product isn’t a cheap bag of chips but billions of dollars worth of pain-reducing or life-saving pharmaceuticals. And the distributor isn’t a local guy who drives a delivery truck full of boxes of chips but a multinational corporation, headquartered in San Francisco, that’s ranked 18th on the Fortune 500 list, with $93.6 billion in annual revenue and a CEO, John Hammergren, who received compensation in 2007 worth more than $22 million after presiding over the company’s record profits that year.

Imagine, too, that the distributor is powerful enough to slap new price stickers on cartons of drugs around the country, not just at your corner bodega, so you can’t simply elect to shop elsewhere to protest the new prices. Neither can you just stop consuming needed medicines the way you can snack chips.

Herrera’s federal civil suit probably has escaped media attention due to its esoteric nature (not to mention a potential conflict of interest at the San Francisco Chronicle, but we’ll get to that in a minute). It charges that McKesson Corp., along with a tiny drug data publisher based in San Bruno called First DataBank, conspired in an "elaborate scheme" to unfairly mark up the price on more than 400 name-brand prescription drugs. The conspiracy allegedly resulted in the San Francisco Health Plan being forced to make thousands or even millions of dollars in excess payments to cover the cost of such medications.

The SF Health Plan is not the same as Healthy San Francisco, the city’s historic 2006 bid to grant universal health care to the 82,000 adults here who live without insurance. The SF Health Plan extends mental, medical, and dental health coverage to about 50,000 people, including approximately 28,000 children in the city, and offers in-home support workers to the disabled and elderly. The plan is funded through a combination of federal and state dollars known in California as Medi-Cal and elsewhere as Medicaid.

The programs help low-income residents get health care, but its public subsidies are being endangered by a massive state budget deficit. So making sure the SF Health Plan is paying the appropriate price for prescription drugs, a $200 billion industry in the United States, is more important than ever.

McKesson and First DataBank, the lawsuit alleges, placed new stickers on drug packages so that everyone — from private insurers to Medi-Cal to consumers without insurance who simply walk up to a pharmacy window and cover their drug treatments with cash — paid far more than they should have, based on an industry calculation that’s similar to the suggested retail price printed on our analogy of a bag of chips. Herrera says he took on the suit because San Francisco is not alone in overpaying for pharmaceuticals and he saw a chance to force greater reforms in the system.

"We make our decisions based on the facts and the law, and we do our best to protect consumers, taxpayers, and businesses alike," Herrera told the Guardian. "This impacts a lot of things. It’s about protecting consumers from having high drug costs passed on to them. It’s about protecting taxpayer dollars since this is the San Francisco Health Plan, and it’s something that emanates out of a city program. But it’s also about protecting businesses, because a lot of businesses and health plans are the ones footing the bill for increased drug costs."

First DataBank is not listed as a defendant in Herrera’s suit but is described as "an unnamed co-conspirator." The company is a little-known subsidiary of the private, New York–based media conglomerate Hearst Corp., which owns dozens of major publications including the San Francisco Chronicle, the Seattle Post-Intelligencer, Esquire, and The Oprah Magazine. Spokespersons for McKesson and First DataBank refused to comment for this story.

As far as revenue is concerned, First DataBank is a bit player in the world of pharmaceuticals. Court records in a related 2006 suit describe its annual pretax income as just $19 million, barely enough to cover the McKesson CEO’s compensation last year.

But the company is nonetheless important to people who rely on prescription drugs. It’s one of the few major companies in the United States that maintains a sophisticated electronic database of information on tens of thousands of prescription drugs. Plus, First DataBank possesses a virtual monopoly on the market because the company merged with its only real competitor, Medi-Span, in 1998. Its database includes numbers, for instance, on what a drug manufacturer like Aventis might charge distributor McKesson for the allergy medicine Allegra, a figure known as the "wholesale acquisition cost."

Because it’s almost impossible to track every transaction between McKesson and retail chain pharmacies that McKesson distributes bulk drugs to, like Rite Aid and CVS Caremark McKesson, it’s First DataBank’s job to survey the distributors and come up with an "average wholesale price."

After you obtain a bottle of Allegra with a co-pay to take care of your stuffy nose, your insurance provider, say, Blue Cross or Kaiser Permanente or the SF Health Plan, refers to First DataBank’s massive catalog of drugs — for which they’ve paid a hefty subscription fee — to make sure the price they’re paying for your allergy medicine is the one properly set by the market.

First DataBank claimed for years that it was surveying multiple drug wholesalers like McKesson to come up with its average published prices and that it was increasing the number of surveys it conducted. But there aren’t that many wholesalers to actually survey because so many of them have merged with one another in recent years. Also, two out of the nation’s three top wholesalers apparently declined to participate in the surveys as a matter of policy.

Troy Kirkpatrick, a spokesperson for Cardinal Health, one of McKesson’s few competitors, said his company doesn’t give out proprietary information to anyone, let alone First DataBank.

"We have a long-standing policy of not providing confidential pricing information to external sources," Kirkpatrick said. "So if we get asked to share that type of information, we decline."

By 2001 it appeared that First Databank wasn’t really surveying several wholesalers or even the two major companies that compete directly with McKesson, according to court records. First DataBank allegedly conspired with McKesson to establish an artificial baseline markup on hundreds of drugs that didn’t accurately represent their true suggested retail price

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But if the bodega, or in this case, the retail pharmacy, is benefiting from the new stickers, then what’s in it for McKesson?

Herrera’s suit contends that if pharmacies like CVS and Rite Aid saw McKesson pressing the scales for them, they’d return to McKesson with their business instead of its two other major American wholesale competitors, Cardinal Health and AmerisourceBergen.

The three companies aggressively compete with one another for business just like they’re supposed to in good ol’ free-market America. But now it appears that McKesson has found a way to game the system and edge ahead of its two rivals. Indeed, McKesson is narrowly beating them in total revenue according to the Fortune 500 list.

Profit margins from drugstore chains were sagging at the time the alleged scheme between McKesson and First DataBank took off, and chain pharmacies had been pressing manufacturers to help them earn higher profit margins. According to the lawsuit, distributor McKesson came to the rescue.

So the final question, then, is whether the drug stores were enriched by all this.

Longs Drugs last year made more than $5 billion in revenue. About 20 percent of that, or $1 billion, came from the government-subsidized health care programs Medicare and Medicaid, according to company records.

In its most recent annual report to the Securities and Exchange Commission, Longs admits that if insurers began using a different benchmark than the prices published by First DataBank, such as a pricing guide that more accurately reflected market prices, there could be a "material adverse effect on our financial performance."

Connecticut joins SF in charges against McKesson

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Reuters is reporting that the state of Connecticut today followed San Francisco’s lead in suing the McKesson Corp. over an alleged conspiracy to unfairly manipulate the price of prescription drugs. The Connecticut suit charges that McKesson, a multinational corporation based in San Francisco and ranked 18th on the Fortune 500 list, violated anti-racketeering laws by creating a scheme to artificially increase published figures related to what retail pharmacies pay to obtain prescription drugs from wholesalers like McKesson.

The alleged scheme involved the participation of a little-known company based in San Bruno called First DataBank, a subsidiary of media giant Hearst, owner of the San Francisco Chronicle. First DataBank maintains a sophisticated database of prescription drug prices that Medicaid administrators and private insurers use to determine what they’ll pay a pharmacy retailer to cover the cost of your drugs after you’ve made the co-pay.

Because so many prescription drugs exist, First DataBank’s figures are critical for understanding the true cost of pharmaceuticals as they move through market pipelines from the manufacturer to the wholesaler to the corner pharmacy. The suits allege that First DataBank and McKesson conspired to inflate those published prices so that everyone from Medi-Cal to Blue Cross paid far more to pharmacies than appropriate for the drugs. A big part of McKesson’s business comes from chain pharmacies, and if they saw McKesson going to bat for them, the suits claim, they were likelier to maintain those business relationships instead of turning to a McKesson competitor like AmerisourceBergen or Cardinal Health. Yes this stuff sounds sleep-inducing, but there’s a whole lot of money involved if City Attorney Dennis Herrera and others are right about this. Learn more about San Francisco’s lawsuit.

Is growth good?

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› tredmond@sfbg.com

I heard one of the greatest environmental writers in San Francisco history speak last week, and his message was a bit different from what environmentalists are taught to believe today.

Harold Gilliam was born almost 90 years ago, and was writing influential articles and books about the Bay Area — and the urban environment — long before most of today’s activists were born. He was an opponent of nuclear energy in the 1950s when most of California, including his employer, the San Francisco Chronicle, thought this wonder of postwar technology would provide power that was "dependable, safe, and too cheap to meter." He was against developers filling in the Bay in the early 1960s. He was writing about the problems with freeways when that was heresy. When I first arrived in San Francisco in 1982, I was amazed that the Chronicle would print some of the stuff he was saying. The guy is a genius and a local treasure.

And at the annual San Francisco Tomorrow dinner, where he was honored with the Jack Morrison Career Achievement Award, he had a few things to say.

After a brief talk about his early career (and giving thanks to his editors for allowing him to infuriate Chronicle publishers), he told us he wanted to challenge conventional wisdom for a moment.

He talked a bit about the Transbay Terminal project, which he said would be a wonderful, crucial part of the city, a transportation hub for the future and maybe someday the home of a fast train to Los Angeles. Then he asked if the price was worth it.

Since nobody in California wants to pay taxes, the only way to fund this kind of grand civic project these days is to sell off the skyline, to let developers build giant high-rise towers that make the city more congested, more rich, and less pleasant. A lot of people think tall buildings mean progress; even a lot of environmentalists think building up is good. "And I remember," Gilliam said, "when everyone thought filling in the Bay was the way to grow."

Actually, Gilliam said, we all ought to question for a second whether growth is always good, or if it’s worth the cost.

Something to think about.

We do

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› steve@sfbg.com

Less than two hours after the California Supreme Court announced its 4–3 decision legalizing same-sex marriage, San Francisco City Hall filled with smiling couples and local politicians of various ideological stripes to celebrate the city’s central role in achieving the most significant civil rights advance in a generation.

The case began four years ago in San Francisco when Mayor Gavin Newsom decided to have the city issue marriage licenses to gay and lesbian couples. City Attorney Dennis Herrera and his legal team built the voluminous legal case that won an improbable victory in a court dominated 6 to 1 by Republican appointees.

"In light of the fundamental nature of the substantive rights embodied in the right to marry — and the central importance to an individual’s opportunity to live a happy, meaningful, and satisfying life as a full member of society — the California Constitution properly must be interpreted to guarantee this basic civil right to all individuals and couples, without regard to their sexual orientation," Chief Justice Ronald George wrote in the majority opinion.

Newsom cut short a trip to Chicago to return home and make calls to the national media and join Herrera’s press conference, where hundreds of couples who got married in San Francisco City Hall were assembled on the City Hall staircase as a backdrop to the jubilant parade of speakers that took the podium.

"What a wonderful, wonderful day," a beaming Herrera told the assembled crowd, adding, "California has taken a tremendous leap forward."

Some speakers (as well as the next day’s coverage in the San Francisco Chronicle) emphasized the potential of the issue to embolden conservatives and the possibility that a November ballot measure could nullify the decision by, as a prepared statement by Rep. Nancy Pelosi put it, "writing discrimination into the state constitution."

But for most San Franciscans, it was a day to celebrate a significant victory. Herrera praised "the courageousness of the California Supreme Court." He also commended Deputy City Attorney Terry Stewart, who argued the case, legal partners such as the National Center for Lesbian Rights, the eight other California cities that supported San Francisco’s position with amicus briefs — and Newsom, who clearly soaked up the adulation and gave a fiery speech that could easily become a campaign commercial in his expected run for governor.

"I can’t express enough how proud I am to be a San Franciscan," Newsom said, later saying of the decision, "It’s about human dignity. It’s about human rights. It’s about time."

Newsom also emphasized that "this day is about real people and their lives."

Among those people, standing on the stairs of City Hall, was Emily Drennen, a current candidate for the Democratic County Central Committee and the District 11 seat on the Board of Supervisors, who was the 326th couple to get married in San Francisco, taking her vows with partner Linda Susan Ulrich.

"When it got nullified, something was taken away from us. It really felt like that," Drennen told the Guardian, adding that she was thrilled and relieved by the ruling. "I was just holding my breath this whole time, expecting the worst but hoping for the best."

Herrera spokesperson Matt Dorsey, who is gay, was similarly tense before the ruling, knowing how much work had gone into it but worried the court might not overcome its ideological predisposition to oppose gay marriage.

"For everyone who worked on this, it was the case of their lives," Dorsey told us. "Politically and legally, there was so much work that this office did that I’m so proud of, and I hope people understand that." *

Editor’s Notes

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› tredmond@sfbg.com

When the ruling on same-sex marriage came down, I was in upstate New York, hanging out with my brother, who runs a small construction outfit in a working-class town. His employees are the people Democratic leaders worry about; a generation ago they were called "Reagan Democrats." They make extremely un-PC jokes and insult each other with terms that would make most San Franciscans cringe.

And you know what? They couldn’t possibly care less about same-sex marriage.

"The people in my crew have families to feed and payments to make on their houses," my brother told me. "They don’t care who marries who. It’s the most ridiculous issue in the world." (My brother, who got married on his lunch hour wearing overalls covered with concrete dust, also told me years ago that "marriage is like a horse with a broken leg; you can shoot it, but that doesn’t fix the leg." You get the picture).

Yes, there are gay couples living in his little community. The framers and roofers treat them like everyone else. The construction workers are not remotely disturbed about queers being threats to their traditional values or marriages. And they’re all voting for Obama because they’re sick of the war, sick of the recession, sick of the cost of health insurance, sick of the politics in Washington DC, and ready for something totally different.

I thought about all of that when I came back and read the San Francisco Chronicle stories repeating the old argument that same-sex marriage could be the bane of the Democrats in November. It’s the same thing Rep. Nancy Pelosi says about all kinds of social and economic issues: we can’t go too fast. We might piss off some swing voters.

Sure, you might do that. And I’m not a pollster, and my focus group, as it were, is fairly narrow here. But I don’t think I’m wrong when I say that among rapidly growing numbers of Americans, gay marriage is becoming pretty insignificant as a wedge issue. I used to say that in 20 years, people would look back at this era and wonder what the foes of marriage equality were thinking. Now I suspect we’ll only have to wait 10 years, maybe less, before this is totally accepted in the mainstream of American society.

When somebody like Mayor Gavin Newsom takes the lead on a civil rights issue like this, I think it’s pretty crass to question his motives. But you can’t dispute the outcome: Newsom may have been acting out of pure principle or out of political calculation. But in the end, his career is now tightly tied to an issue that is part of the future. He will never have to say he was sorry about this, and all of the weak and trembling little Democrats who are wringing their hands will all look like idiots one day. One day very soon.

If Newsom wants to be governor, this can only help him — but it won’t be enough. My brother’s point is that the country is in a deep recession, the economy is a disaster, economic inequality is ruining the American Dream, and social issues aren’t going to carry the day. A politician who won’t tax the rich to improve the lot of the poor and the middle class, who won’t offer comprehensive economic solutions, who has nothing to say to people who make their living building houses when the housing market is in free fall … that politician’s going nowhere. *

San Francisco sues massive drug wholesaler

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Close readers of the Bay Guardian might remember that back in October of 2006, we caught up with a story involving the McKesson Corp., one of the world’s largest wholesalers of prescription drugs based in San Francisco, and a little-known publishing house called First DataBank, located in San Bruno and one of the few publishers of prescription drug prices in the United States.

First DataBank is owned the Hearst Corp., parent of the San Francisco Chronicle. We followed up with a few more versions of the story, but beyond the Wall Street Journal, which broke the first major story about the relationship between the companies as a lawsuit on the East Coast alleging a conspiracy to artificially inflate drug prices winded its way through the courts, almost no one has bothered to report on the subject.

It took the Chronicle’s business section weeks after our stories ran to publish anything on the suit even though the Journal led with the story on its front page when it first went public.

Probably within hours from now, however, you should expect to see more about McKesson and First DataBank at SFGate.com with a new attitude from the Chronicle about the two companies.

That’s because San Francisco’s city attorney announced today that we’ll be the first government entity to sue McKesson for the alleged price inflations in a federal court in Boston where the other suits were filed. The stories we wrote focused on labor unions there that extended drug benefits to their rank-and-file and whose attorneys obtained internal communications from McKesson and First DataBank employees that purportedly showed how the companies celebrated the success of the alleged price-fixing scheme. In San Francisco’s suit, First DataBank is not listed as a defendant, but the city attorney describes the company as “an unnamed co-conspirator.”

Despite McKesson’s global reach and headquarters being located here in the city, we’ve always been blown away that the local press has spent so little time reporting on them. We’ll post more info as we gather it.

Guardian lawsuit moves to the next stage

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› tredmond@sfbg.com

The news hit the front page of the San Francisco Chronicle Web site (www.sfgate.com) May 9 under a nice, subtle headline: "SF Weekly Loses Big, Again."

And while it’s not exactly a done deal, Judge Marla Miller appeared poised that day to finalize a $15.6 million award to the Guardian and issue an injunction barring SF Weekly from continuing to sell ads below cost.

The decision, expected this week, will bring the lawsuit to its next stage, as the Weekly and its 16-paper chain parent, Village Voice Media, threaten to try to overturn the 1913 California law that protects small businesses against big predatory competitors.

The Guardian‘s lawsuit charged the Weekly and Village Voice Media with vioutf8g the California Unfair Practices Act, which bars companies from selling a product below the cost of producing it with the intent to harm a competitor or reduce competition.

On March 5, a San Francisco jury found that the Weekly had engaged in predatory pricing and awarded the Guardian $6.39 million in damages. The law allows for treble damages.

Judge Miller opened the hearing by stating that, on the basis of legal briefs filed by the two sides, she was inclined to triple $4.6 million of the damages, leaving a final judgment of $15.6 million.

Although Guardian attorney Ralph Alldredge argued that the entire verdict should be tripled, the outcome wasn’t a big surprise: from the day of the verdict, we’ve been reporting that the likely final award would be around $15 million.

Forrest Hainline III, a new lawyer representing the Weekly, argued vociferously against any injunction, claming that the court would be wading into troubling First Amendment territory. He argued that the only way the Weekly could comply with an injunction would be to cut editorial expenses — and that would have an impact on the paper’s right to free speech.

But Alldredge pointed out that courts have always found that newspapers have to pay taxes and obey basic business regulations. What, he asked, would happen if the Weekly were found guilty of dumping toxic printing-press waste into the bay? Would the paper argue that paying the cleanup costs would violate the First Amendment?

The argument wasn’t new — the Weekly tried the same First Amendment claim early in the trial, when the paper filed to have the lawsuit dismissed. Judge Richard Kramer, who handled the first stages of the suit, rejected the argument. The Weekly sought an appeal of Kramer’s ruling, but the appeals court denied that as well.

Judge Miller seemed to imply in her questioning of Hainline that an injunction would only require the Weekly to do what it should be doing anyway: competing fairly. "Would you advise your client to go ahead and violate the law?" she asked.

Among the more interesting parts of Hainline’s argument was the claim that the Weekly would never be able to survive in San Francisco unless it could sell ads below cost. He essentially implied that the Weekly can’t make a profit on its own, and is in business only because its corporate parent is underwriting it.

Hainline said that he didn’t see how the Weekly would be able to sell ads at a price that covered its operating costs.

An injunction that would force the paper to operate like a normal business and live within its means would threaten the Weekly‘s very existence, Hainline argued, proclaiming that Miller was threatening to "silence a First Amendment voice." He implied that the Unfair Practices Act should never apply to newspapers and that the entire verdict ought to be invalidated.

Alldredge pointed out that it was silly to say the Weekly would be forced out of business. After all, he said, the Guardian is selling ads at a price that allows it to cover costs.

Miller took the matter under consideration and will issue a final ruling within 10 days.

The Guardian‘s lawyers are Alldredge, Richard Hill, and E. Craig Moody.

For more details on the case, the latest updates, and the dueling Guardian and Village Voice Media blogs, go to sfbg.com/politics.

Three missing letters in the Chron’s peaker editorial

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The San Francisco Chronicle came out today against the plan to build three combustion turbines, known as “peaker” plans, at the foot of Potrero Hill.

But while the editorial quoted both sides in what I agree is a complicated issue, the editors ignored one of the most alient points: The campaign agains the peakers is being funded largely by the Pacific Gas and Electric Company.

Three missing letters, people: PG&E.

PG&E is underwriting the “Close It Coalition,” which sounds like a group aiming to close an existing power plant. The problem, peaker proponents say, is that the Mirant power plant that’s now pumping carbon and particulates into the air can’t be closed down unless the power it produces is replaced, locally. That’s what the state regulators are mandating That means significant new generation within city limits. And it means generating capacity that can run at night, when solar panels aren’t firing.

PG&E doesn’t want the peakers (which would produce about a third less pollution than the Mirant plant does) because they would be owned by the city; that’s a step toward public power. The utility isn’t worried about pollution or green power; this is a company that owns a nuclear power plant (on an earthquake fault). It’s a company that is building its own fossil-fuel plants up and down the state.

No: for the major funder of the no-peakers effort, this is about preserving a power monopoly. Beginning and end of story.

I am dubious about the peakers, too. It’s hard to support new fossil-fuel plants in San Francisco. But when you look at who’s behind the anti-peaker campaign, the story gets a lot more complicated.

You wouldn’t know that from reading the Chron’s editorial.

No peace, no work

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› news@sfbg.com

Workers, students, immigrants, and antiwar activists came together in historic fashion on May Day in San Francisco, but it was hard to tell from the next day’s mainstream media coverage, which adopted its usual cynical view of the growing movement to end the war in Iraq.

Sure, there were articles in newspapers from the San Francisco Chronicle to the New York Times about how the International Longshore and Warehouse Union shut down all 29 West Coast ports for the day, with far more than 10,000 workers defying both their employers and the national union leadership to skip work.

But each article missed the main point: this was the first time in American history that such a massive job action was called to protest a war.

“In this country, dock workers have never stopped work to stop a war,” Jack Heyman, the ILWU executive board member and Oakland Port worker who spearheaded the effort, told the Guardian.

The ILWU’s “No Peace, No Work” campaign and simultaneous worker-led shutdowns of the Iraqi ports of Umm Qasr and Khor Al Zubair are part of a broader effort, called US Labor Against the War, that labor scholars agree is something new to the political landscape of this country.

Steven Pitts, labor policy specialist at UC Berkeley’s Labor Center, told the Guardian the effort was significant: “It wasn’t simply a little crew of San Francisco radicals. It has a breadth that has spread out across the country.”

In fact, USLAW has about 200 union locals and affiliates with a detailed policy platform that calls for ending war funding, redirecting resources from the military to domestic needs, and boosting workers’ rights — including those of immigrants, who staged an afternoon march in San Francisco following the ILWU’s morning event.

Traditionally labor unions have been big supporters of US wars. But Pitts said the feelings of rank-and-file workers have always been more complex than the old “hard hats vs. hippies” stories from the Vietnam era might indicate.

Blue-collar workers have always been skeptical of war, Howard Zinn, a history professor and author of the seminal book A People’s History of the United States (HarperCollins, 1980), told the Guardian.

“Working people were against the [Vietnam] War in greater percentages than professionals,” Zinn told us, referring to polling data from the time. “There is always a tendency of organizations to be more conservative than their rank and file.”

This time, union members and the public as a whole have more aggressively pushed their opposition to the Iraq War, winning antiwar resolutions among the biggest unions in the country and in hundreds of US cities and counties.

“I think it’s a reflection of how far the nation as a whole has come in our anger at the continuation of this war,” Zinn told us.

The media coverage of the May Day event belittled its significance, noting that missing one day of work had little practical impact to the economy or war machine, while playing up comments by spokespeople for the Pacific Maritime Association and National Retail Federation that the strike was insignificant and perhaps more aimed at upcoming contract talks than the war.

Heyman wasn’t happy about that bias.

The strike “was totally for moral, political, and social reasons. It had nothing to do with the contract,” Heyman told us.

A big factor for the ILWU was the newfound solidarity between dock workers in the United States and those in Iraq, who were prohibited from organizing in 1987 by the Baathist regime, an edict that the US has continued to enforce.

The Iraqi dock workers issued a May Day statement that detailed the horrors of their situation: “Five years of invasion, war, and occupation have brought nothing but death, destruction, misery, and suffering to our people.”

In fact, the banner leading the ILWU procession down the Embarcadero and into Justin Herman Plaza in San Francisco read, “An injury to one is an injury to all.” That theme of solidarity — among all workers, American and Iraqi, legal and illegal — was laced through all the speeches of the day.

Joining labor leaders on the podium were antiwar movement stalwarts such as Cindy Sheehan, who is running an independent campaign to unseat Speaker of the House Nancy Pelosi, now a target of the movement for continuing to fund the war.

“Nancy Pelosi wants to give George [W.] Bush more money [for the Iraq War] than he even asked for,” Sheehan said, drawing a loud, sustained “boo!” from the crowd. At the afternoon rallies at Dolores Park and Civic Center Plaza, which focused on immigration issues, the war was also a big target, with signs such as “Stop the ICE raids, Stop the War,” and “Si se puede, the workers struggle has no borders.”

Even for protest-happy San Francisco, it was an unusually spirited May Day, with more than 1,000 people appearing at each of the four main rallies and two big marches. There were lots of smaller actions as well, including demonstrations at the ICE offices and Marine recruiting center, and activists from the Freedom From Oil Campaign disrupting a Commonwealth Club speech by General Motors CEO Rick Wagoner.

But it was the port shutdown that was unique. Annually the 29 West Coast ports process 368 million tons of goods, averaging more than 1 million tons a day moved by 15,000 registered ILWU workers and a number of other “casuals.” Eight percent of that comes in and out of Oakland, but West Coast trade affects business throughout the country — as many as 8 million other workers come in contact with some aspect of that trade.

Mike Zampa, spokesperson for APL — the eighth-largest container shipping company in the world, with ports in Oakland, Los Angeles, and Seattle — told us, “Over a long period of time a shutdown like this does have an impact on the US economy.”

More port shutdowns are possible, Heyman said. But he hopes the action inspires other workers and activists to increase the pressure for an end to the war.

“We are taking action to swing the pendulum back the other way,” Heyman told us during the march. “We are stopping work to stop the war.”

Promises and reality

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› sarah@sfbg.com

The Lennar-financed "Yes on G" fliers jammed into mailboxes all across San Francisco this month depict a dark-skinned family strolling along a shoreline trail against a backdrop of blue sky, grassy parkland, a smattering of low-rise buildings, and the vague hint of a nearly transparent high-rise condo tower in the corner.

"After 34 years of neglect, it’s time to clean up the Shipyard for tomorrow," states one flier, which promises to create up to 10,000 new homes, "with as many as 25 percent being entry-level affordable units"; 300 acres of new parks; and 8,000 permanent jobs in the city’s sun-soaked southeast sector.

Add to that the green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a total rebuild of the dilapidated Alice Griffith public housing project, and the whole project looks and sounds simply idyllic. But as with many big-money political campaigns, the reality is quite different from the sales pitch.

What Proposition G’s glossy fliers don’t tell you is that this initiative would make it possible for a controversial Florida-based megadeveloper to build luxury condos on a California state park, take over federal responsibility for the cleanup of toxic sites, construct a bridge over a slough restoration project, and build a new road so Candlestick Point residents won’t have to venture into the Bayview District.

Nor do these shiny images reveal that Prop. G is actually vaguely-worded, open-ended legislation whose final terms won’t be driven by the jobs, housing, or open-space needs of the low-income and predominantly African American Bayview-Hunters Point community, but by the bottom line of the financially troubled Lennar.

And nowhere does it mention that Lennar already broke trust with the BVHP, failing to control asbestos at its Parcel A shipyard development and reneging on promises to build needed rental units at its Parcel A 1,500-unit condo complex (see "Question of intent," 11/28/07).

The campaign is supported by Mayor Gavin Newsom, Sen. Dianne Feinstein, and District 10 Sup. Sophie Maxwell, as well as the Republican and the Democratic parties of San Francisco. But it is funded almost exclusively by Lennar Homes, a statewide independent expenditure committee that typically pours cash into conservative causes like fighting tax hikes and environmental regulations.

In the past six months, Lennar Homes has thrown down more than $1 million to hire Newsom’s chief political strategist, Eric Jaye, and a full spectrum of top lawyers and consultants, from generally progressive campaign manager Jim Stearns to high-powered spinmeister Sam Singer, who recently ran the smear campaign blaming the victims of a fatal Christmas Day tiger attack at the San Francisco Zoo.

Together, this political dream team cooked up what it hopes will be an unstoppable campaign full of catchy slogans and irresistible images, distributed by a deep-pocketed corporation that stands to make many millions of dollars off the deal.

But the question for voters is whether this project is good for San Francisco — particularly for residents of the southeast who have been subjected to generations worth of broken promises — or whether it amounts to a risky giveaway of the city’s final frontier for new development.

Standing in front of the Lennar bandwagon is a coalition of community, environmental, and housing activists who this spring launched a last minute, volunteer-based signature-gathering drive that successfully became Proposition F. It would require that 50 percent of the housing built in the BVHP/Candlestick Point project be affordable to those making less than the area median income of $68,000 for a family of four.

Critics such as Lennar executive Kofi Bonner and Michael Cohen of the mayor’s Office of Economic and Workforce Development have called Prop. F a "poison pill" that would doom the Lennar project. But its supporters say the massive scope and vague wording of Prop. G would have exacerbated the city’s affordable housing shortfalls.

Prop. F is endorsed by the Sierra Club, People Organized to Win Employment Rights, the League of Conservation Voters, the Chinese Progressive Association, St. Peter’s Housing Committee, the Harvey Milk LGBT Democratic Club, Coleman Advocates for Children and Youth, the Grace Tabernacle Community Church, Green Action, Nation of Islam Bay Area, the African Orthodox Church, Jim Queen, and Supervisor Chris Daly.

Cohen criticized the coalition for failing to study whether the 50 percent affordability threshold is feasible. But the fact is that neither measure has been exposed to the same rigors that a measure going through the normal city approval process would undergo. Nonetheless, the Guardian unearthed an evaluation on the impact of Prop. F that Lennar consultant CB Richard Ellis prepared for the mayor’s office.

The document, which contains data not included in the Prop. G ballot initiative, helps illuminate the financial assumptions that underpin the public-private partnership the city is contemputf8g with Lennar, ostensibly in an effort to win community benefits for the BVHP.

CBRE’s analysis states that Lennar’s Prop. G calls for "slightly over 9,500 units," with nearly 2,400 affordable units (12 percent at 80 percent of area median income and 8 percent at 50 percent AMI), and with the San Francisco Redevelopment Agency "utilizing additional funding to drive these affordability levels even lower."

Noting that Prop. G. yields a "minimally acceptable return" of 17 to 18 percent in profit, CBRE estimates that Prop. F would means "a loss of $500 million in land sales revenue" thanks to the loss of 2,400 market-rate units from the equation. With subsidies of $125,000 allegedly needed to complete each affordable unit, CBRE predicts there would be a further cost of "$300 million to $400 million" to develop the 2,400 additional units of affordable housing prescribed under Prop. F.

Factoring in an additional $500 million loss in tax increments and Mello-Roos bond financing money, CBRE concludes, "the overall impact from [the Prop. F initiative] is a $1.1 to $1.2 billion loss of project revenues … the very same revenues necessary to fund infrastructure and community improvements."

Yet critics of the Lennar project say that just because it pencils out for the developer doesn’t mean it’s good for the community, which would be fundamentally and permanently changed by a project of this magnitude. Coleman’s Advocates’ organizing director Tom Jackson told us his group decided to oppose Prop. G "because we looked at who is living in Bayview-Hunters Point and their income levels.

"Our primary concern isn’t Lennar’s bottom line," Jackson continued. "Could Prop. F cut into Lennar’s profit margin? Yes, absolutely. But our primary concern is the people who already live in the Bayview."

Data from the 2000 US census shows that BVHP has the highest percentage of African Americans compared to the rest of the city — and that African Americans are three times more likely to leave San Francisco than other ethnic groups, a displacement that critics of the Lennar project say it would exacerbate.

The Bayview also has the third-highest population of children, at a time when San Francisco has the lowest percentage of children of any major US city and is struggling to both maintain enrollment and keep its schools open. Add to that the emergence of Latino and Chinese immigrant populations in the Bayview, and Jackson says its clear that it’s the city’s last affordable frontier for low-income folks.

The problem gets even more pronounced when one delves into the definition of the word "affordable" and applies it to the socioeconomic status of southeast San Francisco.

In white households, the annual median income was $65,000 in 2000, compared to $29,000 in black households — with black per capita income at $15,000 and with 14 percent of BVHP residents earning even less than $15,000.

The average two-bedroom apartment rents in San Francisco for $1,821, meaning households need an annual AMI of $74,000 to stay in the game. The average condo sells for $700,000, which means that households need $143,000 per year to even enter the market.

In other words, there’s a strong case for building higher percentages of affordable housing in BVHP (where 94 percent of residents are minorities and 21 percent experience significant poverty) than in most other parts of San Francisco. Yet the needs of southeastern residents appear to be clashing with the area’s potential to become the city’s epicenter for new construction.

San Francisco Republican Party chair Howard Epstein told the Guardian that his group opposed Prop. F, believing it will kill all BVHP redevelopment, and supported Prop. G, believing that it has been in the making for a decade and to have been "vetted up and down."

While a BVHP redevelopment plan has been in the works for a decade, the vaguely defined conceptual framework that helped give birth to Prop. G this year was first discussed in public only last year. In reality, it was hastily cobbled together in the wake of the 49ers surprise November 2006 news that it was rejecting Lennar’s plan to build a new stadium at Monster Park and considering moving to Santa Clara.

As the door slammed shut on one opportunity, Lennar tried to swing open another. As an embarrassed Newsom joined forces with Feinstein to find a last-ditch solution to keep the 49ers in town, Lennar suggested a new stadium on the Hunters Point Shipyard, surrounded by a dual use parking lot perfect for tailgating and lots of new housing on Candlestick Point to pay for it all.

There was just one problem: part of the land around the stadium at Candlestick is a state park. Hence the need for Prop. G, which seeks to authorize this land swap along with a repeal of bonds authorized in 1997 for a stadium rebuild. As Cohen told the Guardian, "The only legal reason we are going to the voters is Monster Park."

As it happens, voters still won’t know whether the 49ers are staying or leaving when they vote on Props. F and G this June, since the team is waiting until November to find out if Santa Clara County voters will support the financing of a new 49er stadium near Great America.

Either way, Patrick Rump of Literacy for Environmental Justice has serious environmental concerns about Prop. G’s proposed land swap.

"Lennar’s schematic, which builds a bridge over the Yosemite Slough, would destroy a major restoration effort we’re in the process of embarking on with the state Parks [and Recreation Department]," Rump said. "The integrity of the state park would easily be compromised, because of extra people and roads. And a lot of the proposed replacement parks, the pocket parks … don’t provide adequate habitat."

Rump also expressed doubts about the wisdom of trading parcels of state park for land on the shipyard, especially Parcel E-2, which contains the landfill. Overall, Rump said, "We think Lennar and the city need to go back to the drawing board and come up with something more environmentally sound."

John Rizzo of the Sierra Club believes Prop. G does nothing to clean up the shipyard — which city officials are seeking to take over before the federal government finishes its cleanup work — and notes that the initiative is full of vague and noncommittal words like "encourages" that make it unclear what benefits city residents will actually receive.

"Prop. G’s supporters are pushing the misleading notion that if we don’t give away all this landincluding a state park — to Lennar, then we won’t get any money for the cleanup," Rizzo said. "But you don’t build first and then get federal dollars for clean up! That’s a really backwards statement."

The "Yes on G" campaign claims its initiative will create "thousands of construction jobs," "offer a new economic engine for the Bayview," and "provide new momentum to win additional federal help to clean up the toxins on the shipyard."

Michael Theriault, head of the San Francisco Building and Construction Trades, said his union endorsed the measure and has an agreement with Lennar to have "hire goals," with priority given to union contracts in three local zip codes: 94107, 94124, and 94134.

"There will be a great many construction jobs," Theriault said, though he was less sure about Prop. G’s promise of "8,000 permanent jobs following the completion of the project."

"We endorsed primarily from the jobs aspect," Theriault said. The question of whether the project helps the cleanup effort or turns it into a rush job is also an open question. Even the San Francisco Chronicle, in a January editorial, criticized Newsom, Feinstein, and Pelosi for neglecting the cleanup until "when it seemed likely that the city was about to lose the 49ers."

All three denounced the Chronicle‘s claims, but the truth is that the lion’s share of the $82 million federal allocation would be dedicated to cleaning the 27-acre footprint proposed for the stadium. Meanwhile, the US Navy says it needs at least $500 million to clean the entire shipyard.

Sup. Ross Mirkarimi said the city should wait for a full cleanup and criticized the Prop. G plan to simply cap contaminated areas on the shipyard, rather than excavate and remove the toxins from the site.

"That’s like putting a sarcophagus over a toxic wasteland," Mirkarimi told us. "It would be San Francisco’s version of a concrete bunker around Chernobyl."

Cohen of the Mayor’s Office downplays the contamination at the site, telling us that on a scale of one to 10 among the nation’s contaminated Superfund sites, the shipyard "is a three." He said, "the city would assume responsibility for completing the remaining environmental remediation, which would be financed through the Navy."

But those who have watched the city and Lennar bungle development of the asbestos-laden Parcel A (see The corporation that ate San Francisco, 3/14/07) don’t have much confidence in their ability to safely manage a much larger project.

"Who is going to take the liability for any shoddy work and negligence once the project is completed?" Mirkarimi asked.

Lennar has yet to settle with the Bay Area Air Quality Management District over asbestos dust violations at Parcel A, which could add up to $28 million in fines, and investors have been asking questions about the corporation’s mortgage lending operations as the company’s stock value and bond rating have plummeted.

To secure its numerous San Francisco investments, including projects at Hunters and Candlestick points and Treasure Island, Lennar recently got letters of intent from Scala Real Estate Partners, an Irvine-based investment and development group.

Founded by former executives of the Perot Group’s real estate division, Scala plans to invest up to $200 million — and have equal ownership interests — in the projects, which could total at least 17,000 housing units, 700,000 square feet of retail and entertainment, 350 acres of open space, and a new football stadium if the 49ers decide to stay.

Bonner said that, if completed, the agreement satisfies a city requirement that Lennar secure a partner with the financial wherewithal to ensure the estimated $1.4 billion Candlestick Point project moves forward even if the company’s current problems worsen.

Meanwhile, Cohen has cast the vagaries of Prop. G as a positive, referring to its spreadsheet as "a living document, a moving target." Cohen pointed out that if Lennar had to buy the BVHP land, they’d get it with only a 15 percent affordable housing requirement.

"Our objective is to drive the land value to zero by imposing upon the developer as great a burden as possible," Cohen said. "This developer had to invest $500 million of cash, plus financing, and is required to pay for affordable housing, parks, jobs, etc. — the core benefits — without any risk to the city."

But Cohen said the Prop. F alternative means "nothing will be built — until F is repealed." He also refutes claims that without the 49ers stadium, 50 percent affordability is doable.

"Prop G makes it easier to make public funds available by repealing the Prop D bond measure," Cohen explained. "But Prop. G also provides that there will be no general fund financial backing for the stadium, and that the tax increments generated by the development will be used for affordable housing, jobs, and parks."

But for Lennar critics like the Rev. Christopher Mohammad, who has battled the company since the Islamic school he runs was subjected to toxic dust, even the most ambitious promises won’t overcome his distrust for the entity at the center of Prop. G: Lennar.

In a fiery recent sermon at the Grace Tabernacle Community Church, Mohammad recalled the political will that enabled the building of BART in the 1970s. "But when it comes to poor people, you can’t build 50 percent affordable. That will kill the deal," Mohammad observed.

"Lennar is getting 700 prime waterfront acres for free, and then there’ll be tax increment dollars they’ll tap into for the rebuild," he continued. "But you mean you can’t take some of those millions, after all the damages you’ve done? It would be a way to correct the wrong."

PG&E’s attack on CCA

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EDITORIAL It’s a bit odd (if not terribly surprising) that the San Francisco Chronicle ran a front-page story April 16 on public power and alternatives to Pacific Gas and Electric Co. — and almost entirely ignored what’s going on in the paper’s hometown. And it’s striking (if, again, not surprising) that the story, by Kelly Zito, allowed a dubious expert from the University of California at Berkeley, who never supported public power and generally supports private sector and deregulation efforts to undermine, without rebuttal, the community-based anti-PG&E efforts.

But in the midst of this journalistic train wreck was the nut of a fascinating story: PG&E is on the ropes as communities try to find more renewable energy supplies — and is fighting back in ways that are demonstrably illegal.

There’s a message here for San Francisco, where plans for community choice aggregation are moving along slowly but steadily. The giant private utility will be trying to sabotage the efforts here, and City Attorney Dennis Herrera needs to be moving — now — to make sure there’s no illegal interference.

The focus of Zito’s story was Marin County, where there’s an active and aggressive move to create a CCA (community choice aggregation) system that would replace PG&E as an energy supplier in 11 cities. The program would function as a buyers’ co-op, purchasing electricity in bulk for all of the businesses and residents in those communities, then using PG&E’s lines to transmit the power to customers. Marin is pushing the environmental angle: PG&E uses at most 12 percent renewable power, and Marin Clean Energy can offer consumers 100 percent green power. While that option might cost a bit more (an additional $5 per month for the average customer) Marin’s CCA also says it can offer a 50 percent renewable option that meets or beats PG&E’s rates.

The Chronicle‘s expert, UC Berkeley professor Severin Borenstein, is quoted as saying that it’s risky for cities to get into the electricity business. But that’s just horse pucky: cities have been in the power business for as long as there’s been electric power. In the Bay Area, Alameda, Palo Alto, and Santa Clara all have established successful public power agencies — and all have cheaper rates than PG&E.

The state law authorizing CCA programs bars PG&E, a regulated utility, from lobbying against their implementation. In fact, in hearings before the state Pubic Utilities Commission, the company promised it would be neutral toward CCAs and wouldn’t try to discourage its customers from joining the public programs.

But in the Central Valley, where a group called the San Joaquin Valley Power Authority has been trying to create a broad-based CCA, PG&E has admitted it illegally tried to scotch the deal. Lawyers for the SJVPA filed a complaint with the CPUC, and on April 10, PG&E settled in a way that clearly admitted guilt. The company agreed to cease its illegal lobbying and pay the SVJPA $450,000 in legal fees.

It was a significant victory for public power — and San Francisco needs to make it clear right now that it will fight just as vigorously to stop PG&E interference in its own CCA efforts. The CPUC is accepting comments on the settlement, and Herrera should file a statement supporting SVJPA, in effect putting PG&E on notice that it will face immediate, furious legal action if it dares try to undermine a San Francisco CCA. Herrera also needs to put a legal team together to prepare to fight PG&E as the city’s own plan moves forward.

It’s embarrassing that San Francisco — the only city in the United States with a congressional mandate to run a public power system — is behind Marin County and the Central Valley in getting its own CCA up and running. But the process is moving forward€. And the city needs to be starting its own marketing campaign to inform the public that cheaper, greener power is on the way.

Marin has been sending out fliers showing how effectively the CCA can replace fossil-fuel and nuclear generation with greener energy options. The county has clear information about lower prices and consistent efforts to fight global warming. San Francisco is lagging here — and it’s time to get on the stick.

Hearst blacks out the PG&E scandal. Again!

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By Bruce B. Brugmann

Often, on Wednesday, the San Francisco Chronicle will run a nice color PG&E ad on the lower right hand corner of its front page.

On Wednesday, April 16, the Chronicle did not run a PG&E ad on the front page, but it did run a major story on the front page above the fold that did a major favor for PG&E.

The story by Kelly Zito focused on public power and alternatives to PG&E, largely in Marin County where there’s an active and aggressive move to create a CCA (community choice aggregation) system that would replace PG&E
as an energy supplier in ll cities.

The story once again largely ignored San Francisco and its CCA movement headed by Sup. Ross Mirkarimi. It didn’t quote Mirkarimi nor any public power or CCA leaders, but instead used a dubious expert from the University of California at Berkeley, who never supported public power and generally supports PG&E private power and deregulation efforts to undermine without rebuttal the community- based anti-PG&E efforts.
And it once again followed the longtime Hearst policy of blacking out the key element of any serious public power story: the PG&E/Raker Act scandal and the fact that San Francisco is the only city in the U.S. that is mandated by federal law to have a public power system. (See Guardian stories and editorials back to 1969.)

I don’t blame Zito the reporter. She is only the latest in a long line of Hearst reporters who ends up executing Hearst policy of coddling PG&E and blacking out the Raker Act scandal. And, after years of questioning Chronicle reporters and editors and trying to get to the bottom of Hearst’s incessant censorship of and capitulation to PG&E, I really don’t know who to blame. But let me ask the questions again: who censors Hearst stories on PG&E as a matter of Hearst policy. The reporter? The city editor? The top editor? The publisher? Hearst corporate? Anybody over there?

In any event, I would much rather have a straightforward PG&E ad on the Chronicle front page, properly labeled PG&E, than stories that omit the Raker Act scandal and slant the stories for PG&E and against public power. B3

Click here for this week’s editorial, PG&E’s attack on CCA.

Click here for this week’s editorial, The floating peakers: An energy solution on the Bay?

Click here for The shame of Hearst