Street Fight Archives — Page 2 of 2 — San Francisco Bay Guardian Archive 1966

Democratizing the streets

Jesse Hawthorne Ficks

May 11, 2010

steve@sbg.com

It’s hard to keep up with all the changes occurring on the streets of San Francisco, where an evolving view of who and what roadways are for cuts across ideological lines. The car is no longer king, dethroned by buses, bikes, pedestrians, and a movement to reclaim the streets as essential public spaces.

Sure, there are still divisive battles now underway over street space and funding, many centered around the San Francisco Municipal Transportation Agency, which has more control over the streets than any other local agency, particularly after the passage of Proposition A in 2007 placed all transportation modes under its purview.

Transit riders, environmentalists, and progressive members of the Board of Supervisors are frustrated that Mayor Gavin Newsom and his appointed SFMTA board members have raised Muni fares and slashed service rather than tapping downtown corporations, property owners, and/or car drivers for more revenue.

Board President David Chiu is leading the effort to reject the latest SFMTA budget and its 10 percent Muni service cut, and he and fellow progressive Sups. David Campos, Eric Mar, and Ross Mirkarimi have been working on SFMTA reform measures for the fall ballot, which need to be introduced by May 18.

But as nasty as those fights might get in the coming weeks, they mask a surprising amount of consensus around a new view of streets. “The mayor has made democratizing the streets one of his major initiatives,” Newsom Press Secretary Tony Winnicker told the Guardian.

And it’s true. Newsom has promoted removing cars from the streets for a few hours at a time through Sunday Streets and his “parklets” in parking spaces, for a few weeks or months at a time through Pavement to Parks, and permanently through Market Street traffic diversions and many projects in the city’s Bicycle Plan, which could finally be removed from a four-year court injunction after a hearing next month.

Even after this long ban on new bike projects, San Francisco has seen the number of regular bicycle commuters double in recent years. Bike to Work Day, this year held on May 13, has become like a civic holiday as almost every elected official pedals to work and traffic surveys from the last two years show bikes outnumbering cars on Market Street during the morning commute.

If it wasn’t for the fiscal crisis gripping this and other California cities, this could be a real kumbaya moment for the streets of San Francisco. Instead, it’s something closer to a moment of truth — when we’ll have to decide whether to put our money and political will into “democratizing the streets.”

RECONSIDERING ROADWAYS

After some early clashes between Newsom and progressives on the Board of Supervisors and in the alternative transportation community over a proposal to ban cars from a portion of John F. Kennedy Drive in Golden Gate Park — a polarizing debate that ended in compromise after almost two acrimonious years — there’s been a remarkable harmony over once-controversial changes to the streets.

In fact, the changes have come so fast and furious in the last couple of years that it’s tough to keep track of all the parking spaces turned into miniparks or extended sidewalks, replacement of once-banished benches on Market and other streets, car-free street closures and festivals, and healthy competition with other U.S. cities to offer bike-sharing or other green innovations.

So much is happening in the streets that SF Streetsblog has quickly become a popular, go-to clearinghouse for stories about and discussions of our evolving streets, a role that the San Francisco Bicycle Coalition — itself the largest grassroots group in the city, with more than 11,000 paid members — recently recognized with its Golden Wheel award.

“I think we are at a tipping point. All these little things have been percolating,” said San Francisco Planning Urban Research Association director Gabriel Metcalf, listing examples such as the creative reuse of San Francisco street space by Rebar and other groups (see “Seizing space,” 11/18/09), experiments in New York and other cities to convert traffic lanes to bicycle and pedestrian spaces, a new generation of more forward-thinking traffic engineers and planning professionals working in government, and more aggressive advocacy work by the SFBC, SPUR, and other groups.

“I think it’s all starting to coalesce,” Metcalf said. “Go to 17th and Valencia [streets] and feel what it’s like to have a sidewalk that’s wide enough to be comfortable. Or go ride in the physically separated bike lane on Market Street. Or take your kids to the playground at Hayes Green that used to be a freeway ramp.”

Politically, this is a rare area of almost universal agreement. “This is an issue where this mayor and this board have been very aligned,” Metcalf said. Winnicker, Newsom’s spokesperson, agreed: “The mayor and the board do see this issue very similarly.”

Mirkarimi, a progressive who chairs the Transportation Authority, also agreed that this new way of looking at the streets has been a bright spot in board-mayoral relations. “It is evolving and developing, and that’s a very good thing,” Mirkarimi said.

Both Winnicker and Mirkarimi separately singled out the improvements on Divisidero Street — where the median and sidewalks have been planted with trees and vegetation and some street parking spaces have been turned into designated bicycle parking and outdoor seating — as an example of the new approach.

“It really is a microcosm of an evolving consciousness,” Mirkarimi said of the strip.

Sunday Streets, a series of events when the streets are closed to cars and blossom with life, is an initiative proposed by SFBC and Livable City that has been championed by Newsom and supported by the board as it overcame initial opposition from the business community and some car drivers.

“There is a growing synergy toward connecting the movements that deal with repurposing space that has been used primarily for automobiles,” Sunday Streets coordinator Susan King told us.

Newsom has cast the greening initiatives as simply common sense uses of space and low-cost ways of improving the city. “A lot of what the mayor and the board have disagreements on, some of that is ideological,” Winnicker said. “But streets, parks, medians, and green spaces, they are not ideological.”

Maybe not, but where the rubber is starting to meet the road is on how to fund this shift, particularly when it comes to transit services that aren’t cheap — and to Newsom’s seemingly ideological aversion to new taxes or charges on motorists.

“We’re completely aligned when it comes to the Bike Plan and testing different things as far as our streets, but that all changes with the MTA budget,” said board President David Chiu, who is leading the charge to reject the budget because of its deep Muni service cuts. “Progressives are focused on the plight of everyday people who can’t afford to drive and park a car and have to rely on Muni. So it’s a question of on whose back will you balance the MTA budget.”

WHOSE STREETS?

The MTA governs San Francisco’s streets, from deciding how their space is allocated to who pays for their upkeep. The agency runs Muni, sets and administers parking policies, regulates taxis, approves bicycle-related improvements, and tries to protect pedestrians.

So when the mayoral-appointed MTA Board of Directors last month approved a budget that cuts Muni service by 10 percent without sharing the pain with motorists or pursuing significant new revenue sources — in defiance of pleas by the public and progressive supervisors over the last 18 months — it triggered a real street fight.

The Budget and Finance Committee will begin taking up the MTA budget May 12. And progressive supervisors, frustrated at having to replay this fight for a second year in a row, are pursuing a variety of MTA reforms for the November ballot, which must be submitted by May 18.

“We’re going to have a very serious discussion about MTA reform,” Chiu said, adding, “I expect there to be a very robust discussion about the MTA and balancing that budget on the backs of transit riders.”

Among the reforms being discussed are shared appointments between the mayor and board, greater ability for the board to reject individual initiatives rather than just the whole budget, changes to Muni work rules and compensation, and revenue measures like a local surcharge on vehicle license fees or a downtown transit assessment district.

Last week Chiu met with Newsom on the MTA budget issue and didn’t come away hopeful that there will be a collaborative solution such as last year’s compromise. But Chiu said he and other supervisors were committed to holding the line on Muni service cuts.

“I think the MTA needs to get more creative. We have to make sure the MTA isn’t being used as an ATM with these work orders,” Chiu said, referring to the $65 million the MTA pays to the Police Department and other agencies every year, a figure that steeply increased after 2007. “My hope is that the MTA board does the right thing and rolls back some of these service reductions.”

Transit riders have been universal in condemning the MTA budget. “The budget is irresponsible and dishonest,” said San Francisco Transit Riders Union project director Dave Snyder. “It reveals the hypocrisy in the mayor’s stated environmental commitments. This action will cut public transit permanently and that’s irresponsible.”

But the Mayor’s Office blames declining state funding and says the MTA had no choice. “It’s an economic reality. None of us want service reductions, but show us the money,” Winnicker said.

That’s precisely what the progressive supervisors are trying to do by exploring several revenue measures for the November ballot. But they say Newsom’s lack of leadership on the issue has made that difficult, particularly given the two-third vote requirement.

“There’s been a real failure of leadership by Gavin Newsom,” Mirkarimi said.

Newsom addressed the issue in December as he, Mirkarimi, and other city officials and bicycle advocates helped create the city’s first green “bike box” and honor the partial lifting of the bike injunction, sounding a message of unity on the issue.

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

Yet afterward, during an impromptu press conference, Newsom spoke with disdain about those who argued that improving the streets and maintaining Muni service during hard economic times requires money, and Newsom has been the biggest impediment to finding new revenue sources.

“Everyone is just so aggressive on trying to raise revenue. We’ve been increasing the cost of going on Muni the last few years. I think people need to consider that,” Newsom said. “We’ve increased the cost of parking tickets, increased the cost of using a parking meter, and we’ve raised the fares. It’s important to remind people of that. The first answer to every question shouldn’t be, OK, we’re going to tax people more or increase their costs.

“You have to be careful about that,” he continued. “So my answer to your question is two-fold. We’re going to look at revenue, but not necessarily tax increases. We’re going to look at revenue, but not necessarily fine increases. We’re going to look at revenue, but not necessarily parking meter increases. We’re going to look at new strategies.”

Yet that was six months ago, and with the exception of grudgingly agreeing to allow a small pilot program in a few commercial corridors to eliminate free parking in metered spots on Sunday, Newsom still hasn’t proposed any new revenue options.

“The voters aren’t receptive to new taxes now,” Winnicker said last week. Mirkarimi doesn’t necessarily agree, citing polling data showing that voters in San Francisco may be open to the VLF surcharge, if we can muster the same kind of political will we’re applying to other street questions.

“It polls well, even in a climate when taxation scares people,” Mirkarimi said.

BIKING IS BACK

It was almost four years ago that a judge stuck down the San Francisco Bicycle Plan, ruling that it should have been subjected to a full-blown environmental impact report (EIR) and ordering an injunction against any projects in the plan.

That EIR was completed and certified by the city last year, but the same anti-bike duo who originally sued to stop the plan again challenged it as inadequate. The case will finally be heard June 22, with a ruling on lifting the injunction expected within a month.

“The San Francisco Bicycle Plan project eliminates 56 traffic lanes and more than 2,000 parking spaces on city streets,” attorney Mary Miles wrote in her April 23 brief challenging the plan. “According to City’s EIR, the project will cause ‘significant unavoidable impacts’ on traffic, transit, and loading; degrade level of service to unacceptable levels at many major intersections; and cause delays of more than six minutes per street segment to many bus lines. The EIR admits that the “near-term” parts of the project alone will have 89 significant impacts of traffic, transit, and loading but fails to mitigate or offer feasible alternatives to each of these impacts.”

Yet for all that, elected officials in San Francisco are nearly unanimous in their support for the plan, signaling how far San Francisco has come in viewing the streets as more than just conduits for cars.

City officials deny that the bike plan is legally inadequate and they may quibble with a few of the details Miles cites, but they basically agree with her main point. The plan will take away parking spaces and it will slow traffic in some areas. But they also say those are acceptable trade-offs for facilitating safe urban bicycling.

The city’s main overriding consideration is that we must do more to get people out of their cars, for reasons ranging from traffic congestion to global warming. City Attorney’s Office spokesperson Matt Dorsey said that it’s absurd that the state’s main environmental law has been used to hinder progress toward the most environmentally beneficial and efficient transportation option.

“We have to stop solving for cars, and that’s an objective shared by the Board of Supervisors, and other cities, and the mayor as well,” Dorsey said.

Even anti-bike activist Rob Anderson, who brought the lawsuit challenging the bike plan, admits the City Hall has united around this plan to facilitate bicycling even if it means taking space from automobiles, although he believes that it’s a misguided effort.

“It’s a leap of faith they’re making here that this will be good for the city,” Anderson told us. “This is a complicated legal argument, and I don’t think the city has made the case.”

A judge will decide that question following the June 22 hearing. But whatever way that legal case is decided, it’s clear that San Francisco has already changed its view of its streets and other once-marginalized transportation choices like the bicycle.

Even the local business community has benefited from this new sensibility, with bicycle shops thriving around San Francisco and local bike messenger bag companies Timbuk2 and Rickshaw Bags experiencing rapid growth thanks to a doubling of the number of regular bicyclists in recent years.

“That’s who we’re aiming at, people who bike every day and make bikes a central part of their lives,” said Mike Waffenfels, CEO of Timbuk2, which in February moved into a larger location to handle it’s growth. “It’s about a lifestyle.”

For urban planners and advocates, it’s about making the streets of San Francisco work for everyone. As Metcalf said, “People need to be able to get where they’re going without a car.”

Shooting past “sharrows”

May 13, 2009

San Francisco’s bicycle advocates have been focused on winning approval for 56 near-term projects outlined in the city’s bike plan, which would increase the number of miles of bike lanes from 45 to 79, and quadruple the number of city streets bearing "sharrow" markings (see "Street fight," 2/4/09).

But bike-related projects farther out on the horizon could significantly raise the bar for a bikeable San Francisco. Here are a six long-range concepts that could make cycling in the city more safe, enjoyable, and accessible to people who might otherwise be driving solo.

BRIDGING THE GAP

Cyclists who commute between San Francisco and the East Bay have asked an obvious question for years: why must I spend money on BART fares or bridge tolls to get across the bay when I know I’m capable of biking there? When construction of the new east span of the Bay Bridge is finished, cyclists will finally get a bike path — but it will only get them from Oakland to Yerba Buena Island. Luckily, the idea of installing a complementary bike path along the west span to San Francisco is being entertained. It’s expensive (estimates place the cost at $200 million) and complicated (a 2001 feasibility study found there would need to be tracks on both sides of the bridge for balance). But in early April, the Bay Area Toll Authority agreed to spend $1.3 million on an 18-month study so the project could be shovel-ready when funding becomes available.

CAR-FREE MARKET STREET

Market Street is a popular thoroughfare for bicyclists even though much of its design creates tight-squeezes and conflicts with automobiles. For years there’s been talk of making it car-free, an idea once advocated by former Mayor Willie Brown. It was studied in 1997, but never received enough support to move forward, in part because area merchants worry their business would be hurt by restricting motorists. But the latest attempt to quell Market Street traffic may get more traction. Sup. Chris Daly, who also sits on the Metropolitan Transportation Commission, requested a comprehensive study on restricting Market Street traffic and a draft report is expected by early summer. Andy Thornley, program director at the San Francisco Bicycle Coalition, notes that the overarching idea is not to make Market Street exclusive to bikes and pedestrians, but to improve it as a whole. "A car-free Market Street may be the route," Thorney says, "but it’s not the reason."

COLOR ME BIKEABLE

Ask Dave Snyder, transportation policy director at the San Francisco Planning and Urban Research Association (SPUR), what constitutes an ideal bike lane, and he’ll say it has to be safe enough for parents to feel comfortable allowing their eight-year-old to ride a bike there. "That’s a very high standard," he says. "But it’s a correct standard." One approach for safeguarding bike lanes, adopted in New York City and elsewhere, is to color them in. Bike activists have been pushing the idea here, but the monkey wrench in the works is a sort of national bible of traffic symbols that lacks a standard for colored bike lanes. If the city rolls with a concept that’s outside the rulebook, the thinking goes, it could be a liability. But bike advocates hope to incorporate colored bike lines into the standard via a pilot program. In coming months, be on the lookout for more colorful city streets.

THINK INSIDE THE BOX

A bike box is a colored bike zone just before an intersection designed to let cyclists get out in front of traffic at a red light so they can be more visible. SF has two low-profile bike boxes, Thornley notes, but plans are on the horizon to install more. When the city of Portland, Ore. installed them, it produced a video called "On the Move with Mr. Smooth" to promote the concept. Hosted by a greasy character in a neon green shirt, the video makes a big deal about how motorists get a great view when they stop behind the bike-box line. "The bike box," Portland’s slogan proclaims. "Get behind it."

A BLUE-GREEN WORLD

Blue for the water, green for the parks and open space, the Blue Greenway is envisioned as a 13-mile corridor along the southeastern waterfront that would connect a string of existing parks from the Giants’ stadium to Candlestick Point State Recreation Area. "We want to connect not only parks along the Blue Greenway, but connect people to the waterfront," explains Corrine Woods, who is working on the project through the Neighborhood Parks Council. The corridor will serve as the city’s southeastern portion of the San Francisco Bay Trail, a massive interconnected trail network planned by the Association of Bay Area Governments that is envisioned as a 400-mile recreational "ring around the Bay."

BACK ON TRACK

For now cyclists aren’t allowed to bring their bikes — not even the folding kind — on Muni trains or buses (although some buses have bike racks outside). But it’s something the Municipal Transportation Agency has on its radar as a possible policy change, according to spokesperson Judson True. "As we move forward and people become more aware of the benefits of public transit, our vehicles become more and more crowded," True notes. This may be a good problem to have, but it means the agency must work out a strategy to accommodate wheelchair-bound passengers, strollers, walkers, bikes, and other essentials that passengers bring on board. Once the bike-plan injunction is lifted, True says, he expects MTA to approve a pilot program for bikes on Muni. In order to discourage more people from driving, he says, "linking sustainable modes of transportation like biking and transit is key."

Street fight

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February 24, 2009
0

› steve@sfbg.com

On a drizzly Feb. 17 evening in First Baptist Church, near the intersection of Market and Octavia streets that has become notorious for bicycle versus car collisions, more than 200 members of the San Francisco Bicycle Coalition came together to plot a major offensive.

"We honestly weren’t sure how many people would come out tonight, so this is very impressive," SFBC executive director Leah Shahum told the young, engaged crowd. "We are embarking tonight on the biggest, most ambitious project that the Bike Coalition has ever taken on."

For almost three years, the bicycle advocates have been waiting. Since the city’s bicycle plan was struck down by the courts in 2006 for lack of adequate environmental studies, there’s been a legal injunction against any bike-related projects, leaving an incomplete network of bike lanes even as the number of cyclists in the city soared and SFBC’s membership reached 10,000.

Now, with city officials expecting to have a new plan approved and the injunction lifted by this summer, SFBC has set the ambitious goal of getting all 56 near-term projects mentioned in the plan approved by Bike to Work Day, May 14.

"We’re in a fine position to get the whole enchilada, all 56 projects," Shahum said, a goal that would boost the current 45 miles of bikes lanes to 79 miles and the 23 miles of streets with the "sharrow" bike markings up to 98 miles.

While some knowledgeable sources in the bicycle community say a three-month timeline isn’t realistic for this whole package, the energy and coordination displayed at that meeting shows that this will be a formidable campaign with the potential to rapidly change the streets of San Francisco.

"There’s nothing more to stop this city from going forward with these projects," Andy Thornley told the crowd, sounding more like a military strategist than the SFBC program director that he is. He flipped through slides and stopped at one showing members of the Municipal Transportation Agency Board, which will consider the projects.

"Your mission is to convince these seven people," Thornley told the crowd. "They are the people who say yes to traffic changes or no to traffic changes."

The crowd was divided into nine groups representing different neighborhoods in the city. On the tables at the center of each group were maps, timelines, and other documents, along with sign-up sheets that would be used to organize everyone into online discussion groups to plot strategy and discuss progress and obstacles. Large pieces of butcher paper headlined "Key Stakeholders" and "Issues and Opportunities" were laid out for group brainstorming.

But Thornley made clear that each group would work toward a common goal. "We’ve got to have a whole network," he said. "I don’t want people to lose sight of the fact that the network is the thing."

SFBC community planner Neal Patel defined the expectations: "Every week or every other week, we’ll be asking you to do something."

The groups plan to reach out to supporters and potential opponents in the neighborhoods to make decisions on preferred options within each project, rally the support of political leaders and other influential people, generate media coverage, develop persuasive arguments, and generally create a grassroots political blitzkrieg.

"It’s very easy for the city to say no," Amandeep Jawa, an SFBC board member, told the Mission District group. "The best thing we can do is give them a pile of reasons to say yes."

This wasn’t just the old veterans and familiar faces, but also fresh, young activists like Jennifer Toth, 26, who moved to San Francisco a year ago and has already become invested in this fight.

"The injunction has really held back new biking infrastructure, just at the time when cyclists are increasing exponentially, as people turn to bikes as an alternative to cars. I myself sold my car as soon as I moved here, and really enjoy biking across town," she told the Guardian.

Toth, who has been a part of antiwar and anti-globalization movements, said she was impressed by the SFBC’s approach: "It was really well coordinated, and I love how they made great strides to link neighbors up together."

The next day, at the downtown office of the San Francisco Planning and Urban Research Association, Oliver Gajda, SFMTA’s bike program manager and the point person on the bike plan, led a smaller and more subdued forum on the bike plan.

Gajda noted that the city’s transit-first policy prioritizes safer bicycling over automobiles, which he said is appropriate given that San Francisco is the second most dense city in the country. The most recent SFMTA traffic survey found that 6 percent of all vehicle trips in San Francisco were by bicycle last year, and the number of cyclists increased by 25 percent from the previous year.

The 56 near-term projects identified in the bicycle plan, Gajda said, are designed to quickly make the system safer by improving dangerous sections and addressing the question, "How do we fill those gaps and really complete the bike network?"

He placed the price tag for those first 56 projects at about $20 million, about $4 million of which is covered by existing grants, while longer term projects in the five-year plan would come to about $36 million.

Yet in response to questions from the audience, Gajda admitted that the approval process for some of the more significant near-term projects — such as the bike lanes proposed for Second, Fifth, and 17th streets, which would involve the loss of traffic lanes or parking spaces — could be complicated and controversial.

SFMTA spokesperson Judson True said the agency was still figuring out how to handle the bike projects. "We’re looking at what we can do, how fast, but we share the goals of getting the EIR completed and paint on the street as soon as possible," he said.

True said he welcomes the SFBC campaign. "We’re happy they’re pushing because we want to head in the same direction. We’re definitely stretched, but the commitment to the Bike Plan is enormous at the agency."

That commitment really rankles Rob Anderson, who filed the lawsuit that resulted in the injunction and pledges to oppose SFBC’s campaign. He characterizes bicyclists as a vocal fringe group and said the city shouldn’t take space from Muni or cars to promote bicycling.

"It’s a zero sum game on the streets of San Francisco," Anderson told the Guardian. "They’re going to have to decide how much we want to screw up the streets for this small minority."

While Anderson concedes that the studies now supporting the Bike Plan are "pretty thorough," he notes that many projects will have what the EIR called "significant unavoidable impacts." And he thinks it’s crazy to give over more street space to bicyclists, particularly on crowded corridors like Masonic Avenue.

Anderson’s group, Coalition for Adequate Review (CAR), has never been large — it’s mostly just Anderson and attorney Mary Miles — but he’s likely to find allies among businesses and residents who fear lost parking spaces and other roadway changes as the projects move forward.

"I’m looking forward to this process," Anderson said. "This is crunch time."

For details on all the proposed projects, visit www.sfbike.org or www.sfmta.com/cms/bproj/Bicycle_Plan_Projects.

Public safety adrift

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February 11, 2009
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› sarah@sfbg.com

Shortly into his first term as mayor, Gavin Newsom told a caller on talk radio — who was threatening to start a recall campaign if the mayor didn’t solve the city’s homicide problem — that Newsom might sign his own recall petition if he didn’t succeed in reducing violent crime.

But Newsom didn’t reduce violence — indeed, it spiked during his tenure — nor did he hold himself or anyone else accountable. Guardian interviews and research show that the city doesn’t have a clear and consistent public safety strategy. Instead, politics and personal loyalty to Newsom are driving what little official debate there is about issues ranging from the high murder rate to protecting immigrants.

The dynamic has played out repeatedly in recent years, on issues that include police foot patrols, crime cameras, the Community Justice Court, policies toward cannabis clubs, gang injunctions, immigration policy, municipal identification cards, police-community relations, reform of San Francisco Police Department policies on the use of force, and the question of whether SFPD long ago needed new leadership.

Newsom’s supporters insist he is committed to criminal justice. But detractors say that Newsom’s political ambition, management style, and personal hang-ups are the key to understanding why, over and over again, he fires strong but politically threatening leaders and stands by mediocre but loyal managers. And it explains how and why a vacuum opened at the top of the city’s criminal justice system, a black hole that was promptly exploited by San Francisco-based U.S. Attorney Joseph Russoniello, who successfully pressured Newsom to weaken city policies that protected undocumented immigrants accused of crimes.

Since appointing Heather Fong as chief of the San Francisco Police Department in 2004, Newsom has heard plenty of praise for this hardworking, morally upright administrator. But her lack of leadership skills contributed to declining morale in the ranks. So when he hired the conservative and controversial Kevin Ryan as director of the Mayor’s Office of Criminal Justice — the only U.S. Attorney fired for incompetence during the Bush administration’s politicized 2006 purge of the Department of Justice, despite Ryan’s statements of political loyalty to Bush — most folks assumed it was because Newsom had gubernatorial ambitions and wanted to look tough on crime.

Now, with Fong set to retire and a new presidential administration signaling that Russoniello’s days may be numbered, some change may be in the offing. But with immigrant communities angrily urging reform, and Newsom and Ryan resisting it, there are key battles ahead before San Francisco can move toward a coherent and compassionate public safety strategy.

SHIFTING POLICIES

The combination of Ryan, Fong, and Newsom created a schizophrenic approach to public policy, particularly when it came to immigrants. Fong supported the sanctuary city policies that barred SFPD from notifying federal authorities about interactions with undocumented immigrants, but Ryan and many cops opposed them. That led to media leaks of juvenile crime records that embarrassed Newsom and allowed Russoniello and other conservatives to force key changes to this cherished ordinance.

Russoniello had opposed the city’s sanctuary legislation from the moment it was introduced by then Mayor Dianne Feinstein in the 1980s, when he serving his first term as the U.S. Attorney for Northern California. But it wasn’t until two decades later that Russoniello succeeded in forcing Newsom to adopt a new policy direction, a move that means local police and probation officials must notify federal authorities at the time of booking adults and juveniles whom they suspect of committing felonies

Newsom’s turnabout left the immigrant community wondering if political ambition had blinded the mayor to their constitutional right to due process since his decision came on the heels of his announcement that he was running for governor. Juvenile and immigrant advocates argue that all youth have the right to defend themselves, yet they say innocent kids can now be deported without due process to countries where they don’t speak the native language and no longer have family members, making them likely to undertake potentially fatal border crossings in an effort to return to San Francisco.

Abigail Trillin of Legal Services for Children, cites the case of a 14-year-old who is in deportation proceedings after being arrested for bringing a BB gun to school. "He says he was going to play with it in the park afterwards, cops and robbers," Trillin says. "His deportation proceedings were triggered not because he was found guilty of a felony, but because he was charged with one when he was booked. He spent Christmas in a federal detention facility in Washington state. Now he’s back in San Francisco, but only temporarily. This boy’s family has other kids, they are part of our community. His father is a big, strong man, but every time he comes into our office to talk, he is in tears."

Another client almost got referred to U.S. Immigration and Custom Enforcement (ICE) even though he was a victim of child abuse. And a recent referral involved a kid who has been here since he was nine months old. "If the mayor genuinely wants to reach out to the immigrant community, he needs to understand how this community has perceived what has happened," Trillin said. "Namely, having a policy that allows innocent youth to be turned over to ICE."

Social workers point out that deporting juveniles for selling crack, rather than diverting them into rehabilitation programs, does nothing to guarantee that they won’t return to sell drugs on the streets. And making the immigrant community afraid to speak to law enforcement and social workers allows gangs and bullies to act with impunity.

"This is bad policy," Trillin stated. "Forget about the rights issues. You are creating a sub class. These youths are getting deported, but they are coming back. And when they do, they don’t live with their families or ask for services. They are going far underground. They can’t show up at their family’s home, their schools or services, or in hospitals. So the gang becomes their family, and they probably owe the gang money."

Noting that someone who is deported may have children or siblings or parents who depend on them for support, Sup. John Avalos said, "There need to be standards. The city has the capability and knows how to work this out. I think the new policy direction was a choice that was made to try and minimize impacts to the mayor’s career."

But Matt Dorsey, spokesperson for the City Attorney’s Office, told the Guardian that the Sanctuary City ordinance never did assure anyone due process. "The language actually said that protection did not apply if an individual was arrested for felony crimes," Dorsey said. "People have lost sight of the fact that the policy was adopted because of a law enforcement rationale, namely so victims of crime and those who knew what was going on at the street level wouldn’t be afraid to talk to police."

Angela Chan of the Asian Law Caucus, along with the San Francisco Immigrant Rights Defense Committee, a coalition of more than 30 community groups, has sought — so far in vain — to get the city to revisit the amended policy. "The city could have reformulated its ordinance to say that we’ll notify ICE if kids are found guilty, do not qualify for immigration relief, and are repeat or violent offenders," Chan said. "That’s what we are pushing. We are not saying never refer youth. We are saying respect due process."

Asked if Newsom will attend a Feb. 25 town hall meeting that immigrant rights advocates have invited him to, so as to reopen the dialogue about this policy shift, mayoral spokesperson Nathan Ballard told the Guardian, "I can’t confirm that at this time."

Sitting in Newsom’s craw is the grand jury investigation that Russoniello convened last fall to investigate whether the Juvenile Probation Department violated federal law. "Ever since the City found out that the grand jury is looking into it, they brought in outside counsel and everything is in deep freeze," an insider said. "The attitude around here is, let the whole thing play out. The city is taking it seriously. But I hope it’s a lot of saber rattling [by Russoniello’s office]."

Dorsey told the Guardian that "the only reason the city knew that a grand jury had been convened was when they sent us a subpoena for our 1994 opinion on the Sanctuary City policy, a document that was actually posted online at our website. Talk about firing a shot over the bow!"

Others joke that one reason why the city hired well-connected attorney Cristina Arguedas to defend the city in the grand jury investigation was the city’s way of saying, ‘Fuck You, Russoniello!" "She is Carole Migden’s partner and was on O.J. Simpson’s dream team," an insider said. "She and Russoniello tangled over the Barry Bonds stuff. They hate each other."

Shannon Wilber, executive director of Legal Services for Children, says Russoniello’s theory seems to be that by providing any services to these people, public or private, you are somehow vioutf8g federal statutes related to harboring fugitives. "But if you were successful in making that argument, that would make child protection a crime," Wilber says, adding that her organization is happy to work with young people, but it has decided that it is not going to accept any more referrals from the Juvenile Probation Department.

"We no longer have the same agenda," Wilber said. "Our purpose in screening these kids is to see if they qualify for any relief, not to deport people or cut them off from services."

Wilber’s group now communicates with the Public Defender’s Office instead. "Between 80 and 100 kids, maybe more, have been funneled to ICE since this new policy was adopted," Wilber said. "This is creating an under class of teens, who are marginalized, in hiding and not accessing educational and health services for fear of being stopped and arrested for no good reason, other than that their skin is brown and they look Latino".

Wilber understands that the new policy direction came from the Mayor’s Office, in consultation with JPD, plus representatives from the US Attorney’s office and ICE. "They bargained with them," Wilber said. "They basically said, what are you guys going to be satisfied with, and the answer was that the city should contact them about anyone who has been charged and booked with a felony, and who is suspected of being undocumented."

She hopes "something shifts" with the new administration of President Barack Obama, and that there will be "enough pressure in the community to persuade the Mayor’s Office to at least amend, if not eliminate, the new policy," Wilber said "The cost of what the city is doing, compared to what it did, is the flashing light that everyone should be looking at."

"It costs so much more to incarcerate kids and deport them, compared to flying them home," she explained. "And we have cast a pall over the entire immigrant community. It will be difficult to undo that. Once people have been subjected to these tactics, it’s not easy to return to a situation of trust. We are sowing the seeds of revolution."

WEAKEST LINK

When Newsom tapped Republican attorney Kevin Ryan to head the Mayor’s Office of Criminal Justice a year ago, the idea was that this high-profile guy might bring a coherent approach to setting public safety policy, rather than lurch from issue to issue as Newsom had.

Even City Attorney Dennis Herrera, who isn’t considered close to Newsom, praised the decision in a press release: "In Kevin Ryan, Mayor Newsom has landed a stellar pick to lead the Mayor’s Office of Criminal Justice. Kevin has been a distinguished jurist, an accomplished prosecutor, and a valued partner to my office in helping us develop protocols for civil gang injunctions. San Franciscans will be extremely well served by the talent and dedication he will bring to addressing some of the most important and difficult problems facing our city."

But the choice left most folks speechless, particularly given Ryan’s history of prosecuting local journalists and supporting federal drug raids. Why on earth had the Democratic mayor of one of the most liberal cities in the nation hired the one and only Bush loyalist who had managed to get himself fired for being incompetent instead of being disloyal like the other fired U.S. Attorneys?

The answer, from those in the know, was that Newsom was seriously flirting with the idea of running for governor and hired Ryan to beef up his criminal justice chops. "If you are going to run for governor, you’ve got to get to a bunch of law and order people," one insider told us.

Ryan proceeded to upset civil libertarians with calls to actively monitor police surveillance cameras (which can only be reviewed now if a crime is reported), medical marijuana activists with recommendations to collect detailed patient information, and immigrant communities by delaying the rollout of the municipal identity card program.

"In the long run, hopefully, dissatisfaction with Ryan will grow," Assembly Member Tom Ammiano told us last year when he was a supervisor. "He could become a liability for [Newsom], and only then will Newsom fire him, because that’s how he operates."

Others felt that Ryan’s impact was overstated and that the city continued to have a leadership vacuum on public safety issues. "What has happened to MOCJ since Ryan took over?" one insider said. "He doesn’t have much of a staff anymore. No one knows what he is doing. He does not return calls. He has no connections. He’s not performing. Everyone basically describes him with the same words – paranoid, retaliatory, and explosive – as they did during the investigation of the U.S. attorneys firing scandal."

"I’ve only met him three times since he took the job," Delagnes said. "I guess he takes his direction from the mayor. He’s supposed to be liaison between Mayor’s Office and the SFPD. When he accepted the job, I was, OK, what does that mean? He has never done anything to help or hinder us."

But it was when the sanctuary city controversy hit last fall that Ryan began to take a more active role. Sheriff’s Department spokesperson Eileen Hirst recalls that "MOCJ was essentially leaderless for five years, and Ryan was brought in to create order and revitalize the office. And the first thing that really happened was the controversy over handling undocumented immigrant detainees."

One prime example of Ryan’s incompetence was how it enabled Russoniello to wage his successful assault on the city’s cherished sanctuary ordinance last year. Internal communications obtained by the Guardian through the Sunshine Ordinance show efforts by the Newsom administration to contain the political damage from reports of undocumented immigrants who escaped from city custody.

Newsom solidly supported the Sanctuary City Ordinance during his first term, as evidenced by an April 2007 e-mail that aide Wade Crowfoot sent to probation leaders asking for written Sanctuary City protocols. But these demands may have drawn unwelcome attention.

"This is what caused the firestorm regarding undocumented persons," JPD Assistant Chief Allen Nance wrote in August 2008 as he forwarded an e-mail thread that begins with Crowfoot’s request.

"Agreed," replied probation chief William Siffermann. "The deniability on the part of one is not plausible."

Shortly after Ryan started his MOCJ gig, the Juvenile Probation Department reached out to him about a conflict with ICE. They asked if they could set up something with the U.S. Attorney’s Office but the meeting got canceled and Ryan never rescheduled it.

Six weeks passed before the city was hit with the bombshell that another San Francisco probation officer had been intercepted at Houston Airport by ICE special agents as he escorted two minors to connecting flights to Honduras. They threatened him with arrest.

"Special Agent Mark Fluitt indicated that federal law requires that we report all undocumenteds, and San Francisco Juvenile Court is vioutf8g federal law," JPD’s Carlos Gonzalez reported. "Although I was not arrested, the threat was looming throughout the interrogation."

Asked to name the biggest factors that influenced Newsom’s decision to shift policy, mayoral spokesperson Nathan Ballard cites a May 19 meeting in which Siffermann briefed the mayor about JPD’s handling of undocumented felons on matters related to transportation to other countries and notification of ICE.

"That morning Mayor Newsom directed Siffermann to stop the flights immediately," Ballard told the Guardian. "That same morning the mayor directed Judge Kevin Ryan to gather the facts about whether JPD’s notification practices were appropriate and legal. By noon, Judge Ryan had requested a meeting with ICE, the U.S. Attorney, and Chief Siffermann to discuss the issue. On May 21, that meeting occurred at 10:30 a.m. in Room 305 of City Hall."

Ballard claims Ryan advised the mayor that some of JPD’s court-sanctioned practices might be inconsistent with federal law and initiated the process of reviewing and changing the city’s policies in collaboration with JPD, ICE, the U.S. Attorney, and the City Attorney.

Asked how much Ryan has influenced the city’s public safety policy, Ballard replied, "He is the mayor’s key public safety adviser."

Records show Ryan advising Ballard and Ginsburg to "gird your loins in the face of an August 2008 San Francisco Chronicle article that further attacked the city’s policy. "Russoniello is quoted as saying, "This is the closest thing I have ever seen to harboring,’" Ryan warned. And that set the scene for Newsom to change his position on Sanctuary City.

PUSHED OR JUMPED?

When Fong, the city’s first female chief and one of the first Asian American women to lead a major metropolitan police force nationwide, announced her retirement in December, Police Commission President Theresa Sparks noted that she had brought "a sense of integrity to the department." Fellow commissioner David Onek described her as "a model public servant" and residents praised her outreach to the local Asian community.

Fong was appointed in 2004 in the aftermath of Fajitagate, a legal and political scandal that began in 2002 with a street fight involving three off-duty SFPD cops and two local residents, and ended several years later with one chief taking a leave of absense, another resigning, and Fong struggling to lead the department. "It’s bad news to have poor managerial skills leading any department. But when everyone in that department is waiting for you to fail, then you are in real trouble," an SFPD source said.

Gary Delagnes, executive director of the San Francisco Police Officers Association, hasn’t been afraid to criticize Fong publicly, or Newsom for standing by her as morale suffered. "Chief Fong has her own style, a very introverted, quiet, docile method of leadership. And it simply hasn’t worked for the members of the department. A high percentage [of officers] believe change should have been made a long time ago."

But Newsom refused to consider replacing Fong, even as the stand began to sour his relationship with the SFPOA, which has enthusiastically supported Newsom and the mayor’s candidates for other city offices.

"The day the music died," as Delagnes explains it, was in the wake of the SFPD’s December 2005 Videogate scandal. Fong drew heavy fire when she supported the mayor in his conflict with officer Andrew Cohen and 21 other officers who made a videotape for a police Christmas party. Newsom angrily deemed the tape racist, sexist, and homophobic at a press conference where Fong called the incident SFPD’s "darkest day."

"Heather let the mayor make her look like a fool. Who is running this department? And aren’t the department’s darkest days when cops die?" Delagnes said, sitting in SFPOA’s Sixth Street office, where photographs and plaques commemorate officers who have died in service.

Delagnes supports the proposal to give the new chief a five-year contract, which was part of a package of police reforms recommended by a recent report that Newsom commissioned but hasn’t acted on. "You don’t want to feel you are working at the whim of every politician and police commission," Delagnes said. But he doubts a charter amendment is doable this time around, given that the Newsom doesn’t support the idea and Fong has said she wants to retire at the end of April.

"I’d like to see a transition to a new chief on May 1," Delagnes said. "And so far, there’s been no shortage of applications. Whoever that person is, whether from inside or outside [of SFPD], must be able to lead us out of the abysmally low state of morale the department is in."

Delagnes claims that police chiefs have little to do with homicide rates, and that San Francisco is way below the average compared to other cities. "But when that rate goes from 80 to 100, everyone goes crazy and blames it on the cops. None of us want to see people killed, but homicides are a reality of any big city. So what can you do to reduce them? Stop them from happening."

But critics of SFPD note that few homicide cases result in arrests, and there is a perception that officers are lazy. That view was bolstered by the case of Hugues de la Plaza, a French national who was living in San Francisco when he was stabbed to death in 2007. SFPD investigators suggested it was a suicide because the door was locked from the inside and did little to thoroughly investigate, although an investigation by the French government recently concluded that it was clearly a homicide.

Delagnes defended his colleagues, saying two of SFPD’s most experienced homicide detectives handled the case and that "our guys are standing behind it."

A NEW DIRECTION?

Sparks said she didn’t know Fong was planning to retire in April until 45 minutes before Chief Fong made the announcement on Newsom’s December 20 Saturday morning radio show. "I think she decided it was time," Sparks told the Guardian. "But she’s not leaving tomorrow. She’s waiting so there can be an orderly transition."

By announcing she will be leaving in four months, Fong made it less likely that voters would have a chance to weigh in on the D.C.-based Police Executives Reform Forum’s recommendation that the next SFPD chief be given a five-year contract.

"The mayor believes that the chief executive of a city needs to have the power to hire and fire his department heads in order to ensure accountability," Newsom’s communications director Nathan Ballard told the Guardian.

According to the city charter, the Police Commission reviews all applications for police chief before sending three recommendations to the mayor. Newsom then either makes the final pick, or the process repeats. This is same process used to select Fong in 2004, with one crucial difference: the commission then was made up of five mayoral appointees. Today it consists of seven members, four appointed by the mayor, three by the Board of Supervisors.

Last month the commission hired Roseville-based headhunter Bob Murray and Associates to conduct the search in a joint venture with the Washington-based Police Executive Research Forum, which recently completed an organizational assessment of the SFPD. Intended to guide the SFPD over the next decade, the study recommends expanding community policies, enhancing information services, and employing Tasers to minimize the number of deadly shootings by officers.

"The mayor tends to favor the idea [of Tasers] but is concerned about what he is hearing about the BART case and wants closer scrutiny of the issue," Ballard told us last week.

Potential candidates with San Francisco experience include former SFPD deputy chief Greg Suhr, Taraval Station Captain Paul Chignell, and San Mateo’s first female police chief, Susan Manheimer, who began her career with the SFPD, where her last assignment was as captain of the Tenderloin Task Force.

"It would be wildly premature to comment on the mayor’s preference for police chief at this time," Ballard told the Guardian.

Among the rank and file, SFPD insider Greg Suhr is said to be the leading contender. "He’s very politically connected, and he is Sup. Bevan Dufty’s favorite," said a knowledgeable source. "The mayor would be afraid to not get someone from the SFPD rank and file."

Even if Newsom is able to find compromise with the immigrant communities and soften his tough new stance on the Sanctuary City policy, sources say he and the new chief would need to be able to stand up to SFPD hardliners who push back with arguments that deporting those arrested for felonies is how we need to get rid of criminals, reduce homicides, and stem the narcotics trade.

"The police will say, you have very dangerous and violent potential felons preying on other immigrants in the Mission and beyond," one source told us. "They would say [that] these are the people who are dying. So if you are going to try and take away our tools — including referring youth to ICE on booking — then we will fight and keep on doing it."

While that attitude is understandable from the strictly law and order perspective, is this the public safety policy San Francisco residents really want? And is it a decision based on sound policy and principles, or merely political expediency?

Sup. David Campos, who arrived in this country at age 14 as an undocumented immigrant from Guatemala, says he is trying to get his arms around the city’s public safety strategy. "For me, the most immediate issue is the traffic stops in some of the neighborhoods, especially in the Mission and the Tenderloin," said Campos, a member of the Public Safety Committee whose next priority is revisiting the Sanctuary City Ordinance. "I’m hopeful the Mayor’s Office will reconsider its position. But if not, I’m looking at what avenues the board can pursue.

"I understand there was a horrible and tragic incident," Campos added, referring to the June 22, 2008 slaying of three members of the Bologna family, for which Edwin Ramos, who had cycled in and out of the city’s juvenile justice system and is an alleged member of the notoriously violent MS-13 gang, charged with murder for shooting with an AK-47 assault weapon. "But I think it is bad to make public policy based on one incident like that. To me, the focus should be, how do we get violent crime down and how do we deal with homicides?"

Campos believes Ryan has sidetracked the administration with conservative hot-button issues like giving municipal ID cards to undocumented residents, installing more crime cameras, and cracking down on the cannabis clubs. "I’m trying to understand the role of the Mayor’s Office of Criminal Justice," Campos said, raising the possibility that it might be eliminated as part of current efforts to close a large budget deficit. "In tough times, can we afford to have them?"

The change in Washington could also counter San Francisco’s move to the right. Federal authorities, swamped by claims of economic fraud and Ponzi schemes, might lose interest in punishing San Francisco for its Sanctuary City-related activities now that President Barack Obama has vowed to address immigration reform, saying he wants to help "12 million people step out of the shadows."

"It’s hard to believe that there isn’t going to be some kind of change," another criminal justice community source told us. "A lot of this is Joe Russoniello’s thing. Sanctuary City ordinances and policies have been a target of his for years."

Rumors swirled last week that Russoniello might have already received his marching orders when Sen. Barbara Boxer announced her judicial nomination committees, which make recommendations to Obama for U.S. District Court judges, attorneys, and marshals.
Boxer will likely be responsible for any vacancies in the northern and southern districts, while Feinstein, who is socially friendly with the Russoniello family, will take charge of the central and eastern districts. Criminal justice noted that Arguedas, who San Francisco hired to defend itself against Russoniello’s grand jury investigation, is on Boxer’s Northern District nomination committee.
Boxer spokesperson Natalie Ravitz told the Guardian she was not going to comment on the protocol or process for handling a possible vacancy. "What I can tell you is that Sen. Boxer is accepting applications for the position of U.S. Attorney for the Southern District (San Diego), a position that is considered vacant," Ravitz told us. "Sen. Feinstein is handling the vacancy for the U.S. Attorney for the Eastern District. Beyond that I am not going to comment. If you have further questions, I suggest you call the Department of Justice press office."
DOJ referred us to the White House, where a spokesperson did not reply before press time. Meanwhile Russoniello has been publicly making the case for why he should stay, telling The Recorder legal newspaper in SF that morale in the U.S. Attorney’s San Francisco office is much improved, with fewer lawyers choosing to leave since he took over from Ryan.
That’s small consolation, given widespread press reports that Ryan had destroyed morale in the office with leadership that was incompetent, paranoid, and fueled by conservative ideological crusades. Now the question is whether a city whose criminal justice approach has been dictated by Ryan, Fong, and Newsom — none of whom would speak directly to the Guardian for this story — can also be reformed.

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