Supervisors

No more dam discussion

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EDITORIAL The state Department of Water Resources released a long-awaited study July 19 concluding that restoring Hetch Hetchy Valley would cost at least $3 billion and possibly as much as $10 billion.
Let us put this in perspective.
The state of California is facing extreme pressure on its electrical grid because of record high heat. If this is an early sign of rapid and dramatic climate change (and that’s a very possible scenario), then the problem is going to get worse before it gets better. Most electricity in this country is generated by burning fossil fuels, which contributes to global warming, which puts more pressure on the grid…. It’s getting so bad that some desperate environmentalists, flailing around for answers, are starting to argue that nuclear power might be an option.
Renewable energy? Gee, the experts say: It’s just not financially feasible right now.
And with some very scary problems looming, the state is actually talking about tearing down a hydroelectric dam that provides clean electricity for 200,000 homes — and spending $10 billion to do it.
This is insanity.
The O’Shaughnessey Dam, which holds back the Hetch Hetchy reservoir, flooded a spectacular Sierra valley, breaking the heart of conservationist John Muir. Even the San Francisco Chronicle, which supported the dam and attacked Muir about 100 years ago, now agrees that it was a mistake.
But there’s a lot more to the story. For starters, the compromise legislation that gave San Francisco the right to build the dam required the city to use it as the centerpiece of a public power system — a legal mandate that the city defies to this day. As long as the dam is generating power, it offers a huge opportunity for San Franciscans to get out from under the private power monopoly of Pacific Gas and Electric Co. And while hydroelectric dams have serious environmental problems, they don’t create greenhouse gases — and a dam that’s been around this long is actually a fairly ecologically sound way to generate power.
The price tag for wiping out the dam is staggering — and from a purely environmental perspective, spending that cash on this scheme would be a gigantic mistake. For $10 billion, California could undertake a huge crash program in developing renewable energy, spurring a lucrative industry that would create tens of thousands of jobs. With that kind of money behind it, solar power would not only be competitive, it would be cheaper than other forms of electricity. And the state would be leading the nation into a new era of safe, clean power.
Sure, in 50 years when solar, wind, and tidal power provide 90 percent of the state’s energy needs, and California has joined Nebraska in outlawing private electric utilities, and there’s money to burn … then restoring Hetch Hetchy Valley will be a fine idea. But for now it’s time to put this foolishness to rest. San Francisco — which, after all, owns the dam — should take the lead here. The supervisors should pass a resolution stating that the city will not consider any further proposals to tear down the dam — at least not until the city’s and nation’s energy policies have advanced a long way in a very different direction. SFBG

Come on, Mr. Sheriff

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By Tim Redmond

Here’s a great idea: Supervisors Tom Ammiano and Ross Mirkarmimi are pushing for a resolution that would call on the San Francisco sheriff to refuse to carry out Ellis Act evictions. Sheriff Mike Hennessey doesn’t seem so hot on this; he says he doesn’t want to face a contempt of court citation and wind up in his own jail.

But hey, it’s a San Francisco tradition: Back in 1977, then-Sheriff Dick Hongisto refused to evict the residents of the International Hotel, and spent five days in jail before relenting. The worst that would happen to Hennessey: He’d be stuck for a few days in his own clink, where I suspect he’d be treated well (and would learn a bit about how the inmates feel day to day). Eventually, he’d probably have to relent, too — but what a glrious legal battle. It would be an other great example of what we call Civic Disobedience — using the clout of the city and the full legal resources of the city to defy an immoral law. Gavin Newsom did it with same-sex marriage. Now, Hennessey has a chance to make history. Go for it, Mike.

Hot times

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By Steven T. Jones
I finally got around to seeing An Inconvenient Truth on Friday night, just as the realities of global warming couldn’t be more clear. It was downright balmy at 10 pm when I stepped out of the theater and the weekend only got hotter from there, breaking heat records all over the country. I spent Sunday with my kids in Modesto and endured 115 degree heat, the kinda weather that convinces some bodies to simply drop dead. And it’s only going to get worse, a truth both incontrovertible and inconvenient to our status quo political and media establishment, which love to mock progressive voices like the Guardian that urge radical change. Even here in San Francisco, we’re still fighting about whether to facilitate bicycling and other measures that discourage driving cars. It’s maddening. Sup. Ross Mirkarimi will this Friday at 1:30 hold a hearing on Peak Oil before LAFCO — which will likely be belittled by the Chron and the Ex’s resident blowhard Ken Garcia. They prefer small potatoes BS like clean streets and playing nice with downtown and love to mock supervisors who talk about war, human rights, or saving the planet. But in the absence of leadership at the state and federal levels on the most important issues of the day, maybe it does become incumbent on San Francisco to step up and lead. Maybe radical proposals have become the most reasonable. And for the rest of us, even the small stuff will help.

Hot times

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By Steven T. Jones
I finally got around to seeing An Inconvenient Truth on Friday night, just as the realities of global warming couldn’t be more clear. It was downright balmy at 10 pm when I stepped out of the theater and the weekend only got hotter from there, breaking heat records all over the country. I spent Sunday with my kids in Modesto and endured 115 degree heat, the kinda weather that convinces some bodies to simply drop dead. And it’s only going to get worse, a truth both incontrovertible and inconvenient to our status quo political and media establishment, which love to mock progressive voices like the Guardian who urge radical change. Even here in San Francisco, we’re still fighting about whether to facilitate bicycling and other measures that discourage driving cars. It’s maddening. Sup. Ross Mirkarimi will this Friday at 1:30 hold a hearing on Peak Oil before LAFCO — which will likely be belittled by the Chron and the Ex’s resident blowhard Ken Garcia. They prefer small potatoes BS like clean streets and playing nice with downtown and love to mock supervisors who talk about war, human rights, or saving the planet. But in the absence of leadership at the state and federal levels on the most important issues of the day, maybe it does become incumbent on San Francisco to step up and lead. Maybe radical proposals have become the most reasonable. And for the rest of us, even the small stuff will help.

Don’t move the mayoral elections

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The Board of Supervisors is slated to vote July 25th on a plan that’s attracted little press attention, but could have a profound impact on San Francisco politics. Sup. Jake McGoldrick has proposed a charter amendment that would move mayoral elections to coincide with presidential elections. The idea, McGoldrick says, is to increase turnout: In 2004, when John Kerry was running against George W. Bush, more than 70 percent of San Franciscans voted. When Matt Gonzalez ran against Gavin Newsom for mayor in 2003, only 55 percent showed up at the polls.

It sounds good, and generally, we’re for anything that increases voter turnout. But there are some real tricky questions about this proposal, and there hasn’t been enough public discussion around it. So the supervisors should vote against placing it on this fall’s ballot.

Our main concern with the plan is that it might diminish local interest in the mayoral contest. When the presidential race is at the top of the ticket, and likely a U.S. Senate race at the same time, the news media tends to focus on those campaigns, and the public’s attention is focused on them, too. The advantage of having a San Francisco mayor’s race in what is otherwise an off-year for elections is that all the energy in local politics centers on a high-stakes local campaign (The district attorney’s race is also on the ballot, and that might totally get lost in the presidential-year madness).

Some critics oppose the plan because, in practice, it would give the next mayor – at this point, probably Gavin Newsom – an additional year in office. That shouldn’t be an issue, really: This is about more than one mayor, and more than one year. It’s about the future of politics in the city.

It shouldn’t be about the Democratic Party, either. Some people worry that party money – always big in a presidential year – will flow to the anointed Democratic mayoral candidate, drowning out the voices of (say) a Green candidate, or a democrat who didn’t get the party’s nod. Maybe – but maybe all the money will go to the top of the ticket, and there will be less local cash spent on the San Francisco mayor’s race. And the power of the Democratic Party in a presidential year didn’t stop Ross Mirkarimi – a green – from getting elected supervisor from District Five in 2004.

Both supporters and opponents of the plan are trying to calculate how it would help or hurt progressive candidates, but there’s another factor here. Mayoral races are about more than just winning. The 1999 campaign, in which Tom Ammiano lost to Willie Brown, was a turning point in progressive politics in San Francisco. The runoff between Gavin Newsom and Matt Gonzalez in 2003 created an immense outpouring of community activism and brought thousands of new people into local politics. In a presidential year, some of that excitement – which is, in the end, crucial to any progressive movement – might have been diffused.

We don’t see any clear mandate or case for making the change right now, and we see some serious downsides. After extensive hearings and public debate, we might be convinced that this is a good idea, but that hasn’t happened yet. So for now, we urge the supervisors not to place it on the November ballot.

Don’t move the mayoral elections

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The Board of Supervisors is slated to vote July 25th on a plan that’s attracted little press attention, but could have a profound impact on San Francisco politics. Sup. Jake McGoldrick has proposed a charter amendment that would move mayoral elections to coincide with presidential elections. The idea, McGoldrick says, is to increase turnout: In 2004, when John Kerry was running against George W. Bush, more than 70 percent of San Franciscans voted. When Matt Gonzalez ran against Gavin Newsom for mayor in 2003, only 55 percent showed up at the polls.

It sounds good, and generally, we’re for anything that increases voter turnout. But there are some real tricky questions about this proposal, and there hasn’t been enough public discussion around it. So the supervisors should vote against placing it on this fall’s ballot.

Our main concern with the plan is that it might diminish local interest in the mayoral contest. When the presidential race is at the top of the ticket, and likely a U.S. Senate race at the same time, the news media tends to focus on those campaigns, and the public’s attention is focused on them, too. The advantage of having a San Francisco mayor’s race in what is otherwise an off-year for elections is that all the energy in local politics centers on a high-stakes local campaign (The district attorney’s race is also on the ballot, and that might totally get lost in the presidential-year madness).

Some critics oppose the plan because, in practice, it would give the next mayor – at this point, probably Gavin Newsom – an additional year in office. That shouldn’t be an issue, really: This is about more than one mayor, and more than one year. It’s about the future of politics in the city.

It shouldn’t be about the Democratic Party, either. Some people worry that party money – always big in a presidential year – will flow to the anointed Democratic mayoral candidate, drowning out the voices of (say) a Green candidate, or a democrat who didn’t get the party’s nod. Maybe – but maybe all the money will go to the top of the ticket, and there will be less local cash spent on the San Francisco mayor’s race. And the power of the Democratic Party in a presidential year didn’t stop Ross Mirkarimi – a green – from getting elected supervisor from District Five in 2004.

Both supporters and opponents of the plan are trying to calculate how it would help or hurt progressive candidates, but there’s another factor here. Mayoral races are about more than just winning. The 1999 campaign, in which Tom Ammiano lost to Willie Brown, was a turning point in progressive politics in San Francisco. The runoff between Gavin Newsom and Matt Gonzalez in 2003 created an immense outpouring of community activism and brought thousands of new people into local politics. In a presidential year, some of that excitement – which is, in the end, crucial to any progressive movement – might have been diffused.

We don’t see any clear mandate or case for making the change right now, and we see some serious downsides. After extensive hearings and public debate, we might be convinced that this is a good idea, but that hasn’t happened yet. So for now, we urge the supervisors not to place it on the November ballot.

Fair fees for rich developers

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EDITORIAL The information that emerged from the Board of Supervisors’ Land Use Committee on July 12 was mind-bending: According to a new city report, private developers will not even consider going forward with a big housing construction project unless the profit margin is at least 28 percent.
Think about it: Without a guaranteed profit about three or four times larger than what most normal businesses strive for, the developers won’t pour an ounce of concrete. And they still complain that the city wants them to build more affordable housing.
As housing activist Calvin Welch pointed out at the hearing, it used to be illegal in most states to charge that much interest on loaned money. The word for it was usury.
And in much of the construction industry, profit margins are far, far slimmer than that. On big public-works projects, like the Bay Bridge retrofit and the construction of the new terminal at San Francisco International Airport, the margin was designed to be about 5 percent.
As Steven T. Jones reports on page 15, this information, which has received very little press attention, ought to be the strongest boost yet for advocates of what’s known as “inclusionary housing” legislation — rules that would require developers building market-rate housing units to set aside a percentage of those units for sale or rent at levels that are affordable to nonwealthy San Franciscans. The current law requires that 12 percent of the units in any project have to be priced below market rate. (That goes up to 17 percent if the affordable units are built somewhere off-site or if the developers simply pay a per-unit fee into a city low-cost housing fund.)
Sup. Chris Daly, who has long been an advocate of inclusionary housing, forced the developer of One Rincon Hill, a high-rise condo project, to hike the affordable-housing share to 25 percent last year — and that convinced him that the city’s legal requirement was too low.
So now the supervisors are looking at increasing the levy, and as part of the discussion, a task force operating under the Mayor’s Office of Housing hired a consultant to look at industry finances and standards. If the report is correct, and 28 percent margins are considered a minimum in San Francisco’s private-sector housing market, then the rather modest increases the supervisors are looking at (a hike from 12 to 15 percent of below-market-rate units and some tighter rules for enforcement) are eminently reasonable. In fact, the legislation isn’t nearly ambitious enough.
Suppose the city mandated 25 percent below-market-price units in all new housing projects of more than, say, 20 units. Would the developers really walk away, saying that profits of, say, 20 percent just weren’t enough? Somehow, we doubt it — in fact, we suspect there are plenty of builders out there who would be more than happy with that level of return. And suppose the market for high-end, million-dollar condos — which clearly aren’t serving the unmet housing needs of the city anyway — started to dry up. So what? San Francisco doesn’t need more housing for the very rich. In fact, the overall impact of these luxury housing projects on the city is almost certainly negative — that sort of housing tends to drive out blue-collar industry and is already turning parts of the city into a bedroom community for Silicon Valley.
Daly argues that without these new market-rate projects, very little affordable housing will be built. And he has a point. Government subsidies and nonprofit programs are immensely valuable, but there’s never enough public cash to meet the stratospheric need for affordable housing in San Francisco.
But there’s no reason for the city to be held hostage by developer profits that exceed all reason. At the very least, the board should approve Daly’s proposals — and should look seriously at jacking up the requirements even more. SFBG

Homes for whom?

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› steve@sfbg.com
“Inclusionary housing program” is a bureaucratic term that seems to invite mental drift. And when the Board of Supervisors’ Land Use Committee considered updating the program’s standards July 12, there was enough mind-numbing economic and regulatory minutiae to sedate the standing-room-only crowd.
But there were also diamonds in that jargony rough. For one thing, San Francisco is now poised to finally force housing developers to spend more of their astronomical profits on housing that sells or rents for far less than the city’s equally obscene housing market dictates. And that’s been made politically possible by an unlikely deal that has downtown developers such as Oz Erickson, affordable housing activists including Calvin Welch, the market-friendly Mayor’s Office of Housing, and progressive Sup. Chris Daly all on the same side.
In the process, a city-commissioned report has lifted the financial veil from big-money housing development in San Francisco, revealing that those who build the biggest high rises require a profit margin of at least 28 percent — or a take-home profit of about $250 million — before they’ll take on a project.
“It used to be illegal [usury to seek such high interest on loaned money], so 28 percent is a sobering number,” Welch said at the hearing.
The public good likely to come from this ordinance — if the current compromise can hold for a few more weeks — is a fairer system for getting people into below-market-rate (BMR) units, policies designed to encourage more housing construction for a wider income mix, and ways to involve more developers and phase in the program so as not to disrupt ongoing projects.
But before we get too deep into the program’s details, let’s take a step back, because the backstory of how we got to this compromise is an intriguing tale with important political implications, particularly for downtown’s current public enemy number one: Chris Daly.
The story really began last summer when the developers of those big new luxury high-rise condos known as One Rincon Hill were trying to get their final approvals. Daly and many of his constituents were concerned that this lucrative project didn’t include enough community benefits or BMR housing.
So the supervisor stepped in and negotiated with the developer a $120 million deal with a huge low-cost-housing element. In the end, the developer agreed to provide affordable units equivalent to about 25 percent of the project.
That’s more than double the city’s current inclusionary housing requirement, which mandates that 12 percent of the units be available below market rate. The requirement rises to 17 percent if the units are built off-site, and developers can pay the city a fee in lieu of doing the actual construction.
The deal got Daly thinking: If the Rincon developers could afford 25 percent, then others probably could too. So he used some of the developer’s money he’d extracted to fund a study looking at how increasing the mandates to 20 and 25 percent would impact housing construction in the city.
Last fall, the Planning Department and Mayor’s Office of Housing assembled a technical advisory committee — made up of cochairs Erickson and Welch and a mix of for-profit and nonprofit developers plus community representatives — to work with the study’s consultants.
Daly put his efforts in the form of an ordinance last October. Sup. Sophie Maxwell also had introduced legislation to strengthen the inclusionary housing program, which has been combined with the Daly legislation. And Sup. Jake McGoldrick last fall introduced legislation to apply the program to buildings of five or more units (it now applies to buildings of 10 units and more), and his ordinance is now being considered along with the Daly-Maxwell legislation.
“This is about housing for everyday people in San Francisco,” Daly said at the July 12 hearing, which was attended by the three supervisors, city staff and consultants, top developers, and a large crowd of housing activists wearing “Housing Justice Now” stickers.
That volatile mix produced a surprising amount of unanimity and compromise (although the Land Use Committee ultimately decided to push the matter back a week to work out some details). Just a few days earlier, when the consultants’ numbers first came in, the measures had seemed headed for an ugly showdown between the progressives and downtown.
The report by Keyser Marston Associates analyzed how much the city can ask for before developers just say no. It was a wake-up call in many respects, showing that San Francisco developers and their financers expect at least 18 percent profit margins for small projects and more than 28 percent for big ones.
For starters, that means that no private developer will build new rental housing in San Francisco, because the profits aren’t high enough. The report also says that developers will avoid putting affordable units in their luxury condo towers; it makes more economic sense to build them off-site or to pay into the city fund instead.
Doug Shoemaker of the Mayor’s Office of Housing (MOH) said his office has learned a lot from the study, particularly about how the in-lieu fee could be adjusted to make BMR housing construction a more attractive option for developers.
“It’s created a bias for developers to just pay the fee,” Shoemaker said, noting that his office increased the in-lieu fee by 15 percent on July 1 and indicating that further increases could be on the way. In fact, one requirement of the ordinance is for the MOH to regularly update fees to reflect evolving market realities.
Yet there was also a potential kiss of death in the report, which ran the numbers and found that developers wouldn’t pursue projects that met the 20 to 25 percent inclusionary housing standard that Daly was seeking.
Daly and his housing activist constituents understood that the report — which was issued just five days before the hearing — would likely translate into a mayoral veto of the legislation, allowing Mayor Gavin Newsom to claim it would hurt the city’s economy and housing needs.
“What we were confronted with last Friday was political death,” Welch said.
So Daly lowered his requirement to 15 and 20 percent respectively and agreed to compromises that grandfather in projects now in the pipeline and ease up the standards on projects that work within their current zoning.
“We do support the compromise,” Matt Franklin of the MOH told the Guardian.
But for Daly the legislation is about more than percentages. For example, it also creates standards for marketing the BMR units to prevent fraud, allows lower-income residents to qualify for them, and requires off-site BMR units to be within one mile of the project.
Daly, a tough former housing activist known for sometimes taking strong and unbending progressive stands, told the Guardian that this deal is consistent with his approach: “Yes, I’ll push the envelope, but that doesn’t mean I won’t take a good deal.”
The July 12 hearing demonstrated that this was a deal being grudgingly accepted by all of the usually polarized sides.
“We, by and large, support this legislation,” Erickson — the Emerald Fund developer and San Francisco Planning and Urban Research Association board member who cochaired the committee — said at the hearing. He also added, “I think it’s doable. I think it’s not going to kill development.”
Yet he also emphasized that the development community is giving all it can: “Fifteen percent was a compromise and we were very reluctant to see it go from 12 to 15 percent.”
Welch also said the compromise was painful for housing activists, who were hoping to get more BMR units out of market-rate housing developers and were astonished at the huge profit margins that are expected by developers and those who finance their projects.
“I think we have been successful at coming up with public policy that meets the needs of developers and low-income residents,” Welch said at the hearing.
Later he told the Guardian that the inclusionary housing update is designed to promote the kind of housing — BMR units for those making just less than the median income — that is also being created by the controversial practice of evicting tenants from apartments and converting those units into condos.
“What this does is help prevent the rental stock from being converted by [tenancies-in-common],” said Welch.
Developer Mike Burke took issue with the criticism of developers at the hearing. “It’s not a guarantee of a 28 percent return. It’s a fair return based on a substantial risk.”
Yet housing activists note that developers already anticipate delays and other financial risks when constructing their financial models, so many developers actually make more than 28 percent on their projects, a fact that the consultant’s report acknowledged.
Eric Quesada of the Mission Anti-Displacement Coalition called on city officials to adopt as tough a standard as possible, using that as a starting point to a broader discussion.
“We need to dig deeper to look at what the goals of San Francisco are for housing,” he said. “This is the ceiling of what we need.” SFBG

Windfalls and compromise

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By Steven T. Jones
For anyone who could sort through the sometimes mind-numbing minutiae of land use economics and regulation, today’s Board of Supervisors Land Use Committee contained some interesting insights. Sup. Chris Daly has been trying to strengthen the city’s inclusionary housing ordinance — which now requires most developers build some below market rate units in their projects (12 percent if done on-site, 17 percent for off-site, or an in-lieu fee) — by increasing the percentages to 20-25, changing who qualifies to buy them and how they’re sold, and a few other tweaks. But a consultant report that came out Friday concluded that developers wouldn’t build at that level because that would drop their take below their minimum required 28 percent profit margin for big high rises (or a profit of around $250 million). Daly and housing activists who worked on the ordinance, including Calvin Welch, expressed astonishment developers required that much profit before they’d build, but they read the political handwriting and lowered their percentages to 15 and 20 percent, which pencil out. “What we were confronted with last Friday was political death,” Welch told me. But now, after that and a change grandfathering in current projects, the ordinance has the support from both the Mayor’s Office and leaders in the development community, although the committee punted it for a week to deal with a few details. There’s lots more to say about all this, but I’ll save most of it for my article in next week’s paper.

Workers nights

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With the AFL-CIO split last year, and millions of undocumented workers fighting for their jobs, the climate is ripe for the Bay Area to celebrate its labor solidarity. San Francisco has long been a wealthy city, but it also has the most organized labor movement in the nation.
For 13 years, LaborFest has celebrated that movement here and around the world. This year’s festival celebrates labor history landmarks: the San Francisco earthquake of 1906, the 1934 General Strike, the 1946 Oakland General Strike, and the 120th Anniversary of May Day and the turning point at Haymarket Square, where workers striking for an eight-hour workday led to the creation of International Worker’s Day across the globe.
“San Francisco has always been an international city,” Steve Zeltzer, one of the founders of LaborFest and a member of the Operating Engineers Local 39 Union, told the Guardian. “Its working class has always been an international working class. Workers have the same experience all over the world, and it’s important to have an international labor media and art network.”
In only three years, workers rebuilt San Francisco after the 1906 earthquake. A photo exhibit at City Hall of historic photographs and contemporary images by Joseph A. Blum is one of the ongoing exhibits with this year’s LaborFest. A new mural by Mike Connor at the Mission Cultural Center for Latino Arts depicts the city from rubble to bridge spans, under the banner “One Hundred Years of Working People’s Progress,” and includes scenes from the 1934 strike and an International Longshore and Warehouse Union Strike. Connor, a union electrician based in New York, has been showing labor paintings and murals with LaborFest since 2002.
“San Francisco is definitely a pro-union city, but today there’s a lot of people who don’t know the history of unions,” he told us. Connor’s paintings offer a visual tour of labor’s history. “If you keep people educated about unions and labor,” Connor said, “they don’t have to repeat history.”
So how did the city rebuild so quickly?
“Unlike New Orleans after (Hurricane) Katrina,” offered Seltzer, “San Francisco had organized labor for the ‘06 earthquake. After the ‘01 strike, where transit workers were brutally beaten by police, workers formed the Union Labor Party.”
The party ran candidates and swept offices, and by 1906 all city supervisors were Labor, including the mayor, Eugene Schmitz. Schmitz and the supervisors were eventually ousted or resigned in the face of graft and bribery charges, but the Labor Party remained strong. “San Francisco has had two labor mayors,” says Seltzer, “but today you wouldn’t even know it.”
The festival is global in its reach, with Japan, Turkey, Bolivia and Argentina among the countries in the LaborFest network holding their own art and video events. San Francisco workers have long celebrated solidarity with international laborers. The film Solidarity Has No Borders tells the story of San Francisco dock workers who, in 1997, refused to handle cargo in a ship sailing from Liverpool, where dockworkers were fighting for their rights demonstrate. According to Seltzer, Bay Area dock workers in the past have boycotted working with cargo from apartheid South Africa and El Salvador.
LaborFest does not limit its focus to unionized labor. Daisy Anarchy’s one-woman show Which Side Are You On? celebrates sex industry workers around the world. Sex-workers, either unionized like the Lusty Lady or not, are workers fighting against exploitation.
“The Labor Council supports them being organized,” said Zeltzer. “San Francisco is open to sex workers organizing more than anywhere else. They are workers like anyone else.”
This year’s May Day demonstrations were a historic development for the labor movement because undocumented workers are neither unionized nor organized. The massive marches in Chicago and Los Angeles alone represented millions of undocumented workers joined by organized labor and trade unionists. The film The Penthouse of Heaven- May Day Chicago 2006 features footage from the Chicago demonstration, the city whose Haymarket riots 120 years ago are some of the most prominent in labor history. A one-day strike for an eight-hour workday was held on May 1st, 1886. On the 4th, following a shooting and riot the previous day at a plant, a bomb exploded in Haymarket Square, killing eight police officers. Though the bomb thrower was never identified, seven men received death sentences.
Worldwide appeals for clemency led to the establishment of May 1 as International Worker’s Day across the world. The United States, however, has not adopted the holiday, but the mass demonstrations on May 1 of this year celebrated the country’s own international workers in solidarity.
The festival continues through July 31st, with historical walks commemorating the Oakland General Strike, labor films at the Roxie Theater, readings at Modern Times Bookstore, a Maritime History Boat Tour, and dozens of other events in San Francisco and Oakland. Go to www.laborfest.net for a complete schedule.

Amalgamated health care

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› sarah@sfbg.com
Mayor Gavin Newsom has taken credit and sought the national spotlight for a plan he touts as an innovative way to deliver universal health care access to the city’s uninsured. Yet Newsom has consistently ducked the vitriolic public debate over how to the pay for the plan, which a companion measure by Sup. Tom Ammiano would cover with a controversial employer mandate.
But as the measures were headed for the first of at least two hearings before the Board of Supervisors (on July 11 after Guardian press time), a board committee and Newsom’s public health director, Dr. Mitch Katz, finally made it clear that Newsom’s plan can’t stand alone, as much as the business community would like it to.
“The two pieces of legislation were created to and do fit together,” Katz said at a July 5 Board of Supervisors’ Budget and Finance Committee hearing. “One can’t successfully move forward without the other.”
Katz made the comments after budget analyst Harvey Rose said the mayor’s plan doesn’t contain a specific funding mechanism. Rose’s admission prompted Sup. Ross Mirkarimi to characterize the mayor’s proposal as “a one-winged aircraft that doesn’t fly.” Sup. Chris Daly added that “It’s time to be up front that [the San Francisco Health Access Plan] only works if it has significant contributions from outside sources, including Ammiano’s plan.”
Neither Newsom nor his spokesman Peter Ragone returned repeated calls for comment on the issue. The Mayor’s Office also has not fulfilled a June 22 request by the Guardian for public records associated with the plan in violation of deadlines set by the city’s Sunshine Ordinance.
“Celebrating one resolution while pooh-poohing the other is disingenuous, because if they don’t work together, nothing works,” Mirkarimi added at the hearing, shortly before he, Daly, and a mostly mute Sup. Bevan Dufty voted to combine both proposals into one health care plan: the San Francisco Health Care Security Ordinance.
“After today’s meeting,” Ammiano wrote in a follow-up press release, “I’m confident that the citizens of San Francisco and the media will understand that the Worker Health Care Security Ordinance and the Health Access Program are one comprehensive health care plan, and are now codified as such in a single bill.”
The decision to amalgamate left small business owners voicing fears over the economic impact of the employer spending mandate, which would raise an estimated $30 million to $49 million of the $200 million cost of providing health care access for San Francisco’s uninsured.
As the controller’s Office of Economic Analysis points out, most of the financial burden of the employer mandate “falls on businesses with 20 to 49 employees, since these firms currently are less likely to offer health care benefits to their workers.”
With the cost of covering 20 full-time employees’ health care estimated at $43,000 to $65,000, many business owners fear the mandate will result in layoffs, economic downturns, and the erosion of their already marginal profits.
Although the controller predicts a “nearly neutral impact” on the city’s economic picture — a loss of 60 to 590 jobs from staff cuts or business closures mitigated by 140 to 250 new health care–related positions — small businesses worry about the controller’s “moderately adverse impact” prediction for employers who currently aren’t offering health care benefits at mandated levels.
“It’s going to add another $50,000 to my already high health care costs,” John Low, who runs a small company in the Tenderloin, said at the hearing. San Francisco Soup Company owner Steve Sarver claimed the mandate could force him to abandon expansion and hiring plans: “Projects that I was borderline on, I’m now going to go toward eliminating those jobs.”
As written before the July 11 hearings, the mandate would kick in January 2007 for large businesses and the following January for small businesses. Mirkarimi says the board should be “extremely sensitive” to the small business community’s concerns.
“The business community knows best how to speak about profit margins. Right now, an employer spending mandate is the only option in orbit. If there are other options, great, but so far all we’re hearing is nothing but distortion,” Mirkarimi told the Guardian. He said the proposal by some downtown leaders to increase the sales tax by a half cent — an alternative to Ammiano’s mandate — comes from “the same community who would sabotage any attempt to enact a tax-based funding mechanism.”
Mirkarimi told us the mayor’s plan was “prematurely pitched through the media on a national stage,” while Ammiano’s legislation, “which is really the heart and soul of the plan, has struggled to get any notoriety locally.” Mirkarimi told us he hopes Newsom will directly address small business concerns — including the reality that his health access plan can’t work without Ammiano’s mandate.
“The mayor needs to make an effort to show small business that he intends to mitigate the negative financial side effects of his plan. But what is the mayor’s communication? And why is he relying on the Board of Supes to fill in the blanks? The mayor needs to exercise leadership, to admit that for his plan to work somebody has to pay, and decide who that somebody is going to be, then build confidence that he has adequate answers. But right now, he’s deflecting that responsibility onto the board.”
Dr. Katz, who was a member of the Universal Healthcare Council that created the plan to offer health access to all the city’s uninsured residents, said he neither hopes nor believes that all 82,000 of the city’s uninsured will enroll.
“We hope that large employers continue to chose commercial health insurance,” Katz said at the meeting, noting that 95 percent of businesses with more than 100 employees already have commercial health insurance.
“If people enroll in a commercial health insurance plan, the city doesn’t get the revenue, but we also don’t get costs,” said Katz, who believes the city can offer health access to all uninsured residents without building additional health centers.
“All existing clinics and facilities have shown a desire to join the program and accept people,” Katz said, noting that the $104 million the city already spends on San Francisco’s uninsured is on the lowest-income individuals, plus a minute subsidy to small- and medium-size business but no subsidy for large businesses.
“Most of SF’s 82,000 uninsured residents are getting care right now, but not in a rational way,” Katz explained. “I look at how much capacity could we add to health centers by only paying for additional providers, like nurses, doctors. And the answer is a lot. We’re not doing evenings or Saturdays, so we just need to open for more hours and hire more doctors, nurses.”
Acknowledging that the Department of Public Health already saw 49,000 uninsured residents last year, Katz said that doesn’t mean that people are getting what he calls “rational care.”
“So when we create a system, we’ll create a demand,” he said. “It’s not just the woman with a bad cough who comes in, but now she’ll also get a pap smear.” SFBG
For coverage of the July 11 hearing and other updates on the health plan, visit www.sfbg.com.

Downtown’s deceptions

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By Steven T. Jones
The rancorous debate over providing health care to all San Franciscans finally comes to the Board of Supervisors for a vote tomorrow, culminating a truly ugly political spectacle. The business community has aggressively gone after the measure’s sponsor, Tom Ammiano, angrily accusing him of not listening and not caring.
Now, it’s understandable that some small business people on the verge of going under would be upset about having to give health coverage to their employees. It’s a legitimate concern, but it’s also a valid point that Ammiano’s measure makes: providing a living wage and health coverage to employees is a reasonable cost of doing business in this city, and if you can’t afford to do these things, then your business plan doesn’t really pencil out, sorry.
This might have been a good political debate to have, but unfortunately, the issue has been sullied and convoluted by the intentional deceptions of a few downtown groups (notably the Committee on Jobs, Golden Gate Restaurant Association, and the San Francisco Chamber of Commerce), distorted and inaccurate presentations of the issue by the Chronicle and Examiner, and the political cowardice of Mayor Gavin Newsom.
If you’ve been reading the Guardian then you know that the “Newsom plan” was simply one component of the “Ammiano plan,” not the workable stand-alone plan that the dailies and business elites tried to present it as (by itself, Newsom’s plan didn’t pay for itself and it threatened to make the number of uninsured in the city grow by providing the perverse incentive for businesses to drop their employees’ health insurance in favor of cheaper but less comprehensive access to city clinics). Even the dailies finally got around to saying the two plans relied on one another last week after playing up the deceptive competition for weeks.
Here’s the bottom line: Ammiano’s plan got eight co-sponsors because it was an honest attempt to deal with a serious problem using an approach (employer mandates) popular with most citizens (as shown by 69 percent of the people voting for a statewide mandate in Prop. 72). But downtown has done nothing but obstruct and obfuscate the issue. And they’re loud and have tons of money, so they’ve managed to bring out Newsom’s most cowardly instincts and they’ve cowed the media into bearing false witness to what’s going on.
Will they also peel off a supervisor or two who have already pledged their support? I guess we’ll find out tomorrow.

No more taxicab cheating

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EDITORIAL The embarrassing spectacle of the San Francisco Taxi Commission firing its executive director in a secret 2 a.m. session June 28 demonstrates how out of control the cab industry in this town is. And it shows that the cab companies need much tighter regulation and monitoring.
The commissioners — all but one of them appointees of former mayor Willie Brown, all of them serving despite expired terms — decided to fire Heidi Machen for the crime of actually doing her job: auditing (and often pissing off) the cab companies.
This all happened while the mayor, who had handpicked his former aide Machen for the job, was either not paying attention or not sufficiently engaged (a problem that’s becoming all too common these days). In the end, Newsom replaced two of the commissioners, and Machen is getting her job back — but the message that was sent here was atrocious.
The cab industry in this city operates under unique rules, established almost 20 years ago by then-supervisor Quentin Kopp. Nobody can drive a cab without a permit, called a medallion; that’s standard for most cities. But in San Francisco the scarce and prized medallions are only issued to active drivers, who have to wait as long as 15 years to qualify. They can use the permits only while they still drive a cab. The permits can’t be bought or sold, and revert to the city upon the death of the holder.
But even active drivers only work part of the time, and since cabs are on the streets 24-7, the holders can lease those permits to other drivers for the shifts they aren’t working. The lease fees alone are worth about $70,000 a year; it’s a nice juicy income for the holders.
The idea was to get the benefits of the medallions into the hands of working drivers. In practice, permit holders use all sorts of tricks to keep from actually having to drive a cab — why work when you can earn that much money without lifting a finger? And some companies, like Yellow Cab, manage to hold on, one way and another, to a huge number of medallions; Yellow alone controls one-third of all the permits in the city.
Past taxi commission directors have operated on a friendly basis with the companies and the permit holders, letting some amazing scams go on without any crackdown. Machen took the radical step of auditing the companies to make sure that the medallion holders were people who actually drove cabs. The industry was furious, and has been trying for some time to get her canned.
When the late Arthur Jackson was president of the commission, the companies got nowhere. A principled straight shooter, Jackson supported his staff and took no guff from the companies. After he died several months ago, Martin Smith, who manages Big Dog City Taxi Service, took over the top job, and Machen has been under pressure ever since.
But there were no grounds to fire her — she’s been doing her job, by the book. So the cab companies started getting personal.
Somebody — possibly a private investigator — pulled some old court records and found out that one of Machen’s aides was arrested 15 years ago and charged with burglary. It turns out his conviction was later expunged, and the guy’s had no further run-ins with the law, but no matter: Cab company representatives, including Jim Gillespie, who runs the San Francisco Taxi Association, hand-carried copies of the original charges (minus the later order dismissing them) to several supervisors to stir up trouble. (They showed the same stuff to Commissioner Jackson before he died; he checked the story out and sent them packing.)
Then company representatives showed up at the hearing to toss out vicious, wildly exaggerated allegations that went way beyond anything in the court records in an effort to smear Machen by association.
The mayor, to his credit, supported Machen in public (after the dismissal), and at press time was planning to reappoint her to the job. But he needs to go further: He should denounce the character assassination by the cab companies and publicly endorse a full and complete audit of every single company and medallion holder’s driving record. The penalty for willful and egregious violations of the law should be the permanent loss of taxi permits. And the district attorney ought to open an investigation into whether the cab companies and medallion holders have conspired to cheat ordinary drivers and the public out of hundreds of thousands of dollars. SFBG

{Empty title}

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› tredmond@sfbg.com
Just about everybody in the “respectable” news media is going to call Sup. Chris Daly’s latest charter amendment a crackpot idea, so I might as well join the crackpots right now. I think it’s wonderful.
Daly wants to require the mayor of San Francisco to appear once a month at a Board of Supervisors meeting and answer questions. That’s it — no decisions get made, no policies change. The mayor just has to stand up in public, in front of the district-elected legislators, and explain himself.
It’s a longstanding tradition in England, where the prime minister has to show up at Parliament for “question time.” It makes for outstanding politics and great TV. It’s often pretty rough: The PM gets interrogated by the opposition and fires back. When the smoke clears, the public knows a little more about the government’s policies, and the nation’s chief executive is a little more accountable.
Imagine if G.W. Bush, who doesn’t like press conferences, embodies the imperial presidency, and hates having to answer in public to anything, had to endure question time before the House of Representatives. Imagine Maxine Waters or Barbara Lee or John Murtha asking him about the war. (For that matter, imagine Bill Clinton avoiding impeachment by hashing the questions out in front of a Republican Congress long before it ever got to that.)
There’s a lot to like about parliamentary democracies, and one of the best things is the relatively weak executive branch. Question time in England helps keep the prime minister under control.
And of course in San Francisco mayors are pretty powerful and tend to be pretty aloof. Willie Brown just ignored critics. Gavin Newsom talks to the press but doesn’t get into active debates that much. So it wouldn’t hurt the mayor — any mayor — to have to spend an hour a month in a public session responding to the supervisors’ questions; it wouldn’t hurt the city either. It would do wonders for fighting the inclination toward secrecy in the executive branch. And you know you’d want to watch.
Yeah, Chris Daly is not a fan of Gavin Newsom, and the political consultants working for the mayor will have all sorts of reasons to call this a personal attack and an assault on separation of powers (if not on the very nature of American democracy). But come on — if the prime minister of England can find time to handle this while leading one of the world’s great powers, the mayor of San Francisco can fit it into his tight schedule.
Onward: The deal that gives Dean Singleton’s MediaNews Group control over most of the Bay Area dailies is now complete — and already there’s word that Singleton and the Hearst Corp., which owns the ostensibly competing San Francisco Chronicle, will be doing a joint web venture together.
From the June 29 Contra Costa Times:
“MediaNews executives revealed the company is discussing with Hearst Corp. a joint venture to begin a new Web site involving the Bay Area online products of the Times and Mercury News; of the MediaNews publications in the Bay Area; and of the Hearst-owned Chronicle.”
Monopoly marches on.
Funny: I didn’t see anything about this in the Chron. SFBG

Don’t give the tides to PG&E

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EDITORIAL It’s been three years since former supervisor Matt Gonzalez suggested that the city build a tidal energy plant, but the mayor is finally catching on. Gavin Newsom told the Chronicle editorial board last week that a new study shows San Francisco could generate a phenomenal amount of electricity from Ocean Beach waves and the tides under the Golden Gate Bridge. If it can be done without disturbing marine life, it’s a great idea — as long as the power stays in public hands.
The legal and philosophical case is simple: Nobody owns the tides, the wind, or the waves. The energy contained in these renewable resources is and should always be in the public domain. Economically it’s clear: Once the power plant is built, the energy would be free — and could be a tremendous boon to the city’s treasury and to local business.
Politically the issue is even stronger: San Francisco is the only city in the nation with a congressional mandate to operate a public–power system, and any new energy resources the city taps should be used to help extract residents and businesses from under the expensive private–power monopoly of Pacific Gas and Electric Company. So why is the mayor even considering other options?
According to the Chronicle’s Phil Matier and Andrew Ross, the mayor’s staff is looking at the possibility of allowing PG&E (or “a little-known Florida firm, operating as Golden Gate Energy, that has already landed a federal license to bring the ocean technology to the bay”) to build and operate the plant. That would be a near perfect repeat of the Hetch Hetchy scandal, the deal that kept public power generated from public water at a publicly built dam in a public national park (Yosemite) under the private control of PG&E.
The Board of Supervisors needs to weigh in on this quickly with a resolution stating that no private company can develop, control, or profit from energy generated through wind, tides, waves, or any other renewable resource in or around the city of San Francisco. And if Newsom tries to treat the Golden Gate tides the way his predecessors treated Tuolumne River water, it will be the worst moment of his political career. SFBG

The best health care plan

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EDITORIAL The health care model that’s been established, largely by default, in the United States is an utter mess. Most working people get their insurance through their employers. That means people who have jobs that don’t provide insurance are out of luck, and people who don’t have jobs are out of luck, and the self-employed are stuck with crazy bills, and small businesses are getting hit harder and harder with rising insurance rates that they can’t afford.
It’s a ridiculous way to handle health care: In most other western democracies, everyone is part of a national health care program, and under the best systems, the government is the single insurer and pays all the bills.
Among other things, that prevents the sort of crisis that San Francisco faces today, where the large numbers of uninsured residents have no choice but to seek care at the overburdened San Francisco General Hospital. That leaves the taxpayers on the hook for more than $100 million a year.
For businesses, particularly small businesses, that scrape and suffer to provide health insurance for their workers, the system is fundamentally unfair: Those companies pay twice, first for their own employees, and then again in higher taxes to cover the costs of the uninsured. Businesses that can well afford health insurance (the Wal-Marts of the world) but don’t pay are forcing others to cover their costs.
In a perfect world, with national health insurance, this wouldn’t be an issue. But it’s almost impossible for a single city to implement a single-payer system — which is why Mayor Gavin Newsom is struggling to present a functional health plan, and why Sup. Tom Ammiano’s employer mandate plan is absolutely necessary.
But the small business advocates who complain about the burden of paying more than $100 a month for each uninsured employee have a point, too — and this entire plan ought to be linked (at least in the long run) to Sup. Aaron Peskin’s proposals to change the city’s business tax.
Newsom’s dramatic announcement last week of a complex plan to cover all residents won overwhelmingly favorable press coverage. But so far, the plan itself is little more than a glorified press release. There are a lot of devilish details, particularly when it comes to funding.
There’s no new money in the mayor’s plan. He argues, correctly, that San Francisco currently spends $104 million on health care for the city’s 82,000 uninsured, and shifting that money into a city-run health care program will underwrite a significant amount of the cost. But that money can’t just be moved like a chess piece — it’s part of the San Francisco Department of Public Health budget, and if everyone does not sign up for the new program and very sick patients (including, say, undocumented workers who don’t understand or fear enrolling in the city plan) keep showing up at General, there won’t be enough money to go around.
There’s also the very real prospect that some unscrupulous employers will simply quit paying health insurance premiums and dump their employees into the city plan. That would overwhelm the program and push it quickly toward financial ruin.
So the mayor’s plan has no chance at success unless Ammiano’s employer mandate passes, too. The Ammiano plan would offer additional funding for the program by requiring that employers either provide private health insurance or pay into a city pool — and would prevent businesses from tossing their health expenses into the city’s lap.
Ammiano’s plan isn’t perfect — no employer-based plan ever will be. The health insurance requirement would hit all businesses with more than 20 employees, and that might be a bit low. The plan already has some progressive gradations (companies with more than 100 employees would pay a higher fee), but linking the costs more directly to the size of the business (in other words, hitting the large outfits — which can well afford health insurance — a bit harder and giving more of a city subsidy to the smallest companies) could help ease the burden on struggling merchants.
But in the end, his plan — which would have no impact on employers who already offer health insurance to their workers — is crucial to any effort to get the uninsured into a decent health program (and to end the stiff taxpayer subsidy for companies that don’t provide insurance). The supervisors should approve it.
Still that’s not the end of the story. At the same time that Ammiano’s addressing health care, Peskin has floated a proposal for a new gross receipts tax on local business. Here’s the way to proceed: The supervisors need to fund a complete study of how much gross revenue local firms take in; write a new tax that allows the city to eliminate the payroll tax; add a progressive gross receipts tax; and use the next tax policy to help deal with the costs of health care. Big, rich companies pay a lot (enough to help subsidize the citywide health plan). Small firms pay less (and the reduced tax burden helps offset the costs of paying for health insurance). In the end, San Francisco would be the first US city to launch a progressive system for providing health insurance to all. SFBG

How to end the violence

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OPINION Despite its loss at the polls earlier this month, the spirit of Proposition A, the homicide prevention charter amendment on the June 6 ballot, lives on. Prop. A would have mandated that the city invest $10 million in violence prevention efforts. Instead of the typical police response to violence, Prop. A sought to address the root causes of violence, the social isolation and limited opportunity that are so endemic to the neighborhoods most impacted by street violence.
Prop. A offered a menu of strategies, including community outreach and organizing, job training and job creation, and reentry services so that ex-offenders have more than a couple hundred dollars in their hands when they leave prison. It was clear to everyone involved in the Prop. A campaign that this was about ameliorating the harmful effects of poverty and racism.
Even before the election, Prop. A was having an effect. Just two months after saying that no further investment was necessary to stem the tide of violence, Mayor Gavin Newsom crafted an ordinance with Sup. Fiona Ma to increase funding for violence prevention efforts. Responding to community groups, the Board of Supervisors stripped from the original Ma-Newsom legislation a bunch of police department goodies, including a ropes course, surveillance cameras, and bookmobiles — and beefed up the provisions on jobs and workforce training and added school-based violence prevention efforts, street outreach programs, and reentry services.
Overall the Board of Supervisors invested close to $6.9 million in programs and services. That’s a great initial investment but not enough, especially when a significant portion of the new funds can only be used for people under the age of 18.
The budget process offers the opportunity to serve the 18-and-older population and build on the foundation set earlier this spring. To this end, the budget committee added back over a million dollars to save San Francisco’s Trauma Recovery Center for the victims of violence and sexual assault. Now as a result of great advocacy from the violence prevention community and some unprecedented collaboration between the district attorney, the public defender, and the sheriff, the budget committee can program outside the box.
Before the committee Thursday, June 29, will be proposals to increase street-violence prevention outreach efforts, wraparound case management for victims at San Francisco General Hospital, housing relocation services for families impacted by violence, and reentry programs for ex-offenders. All of these programs can be part of a national model for other cities to emulate.
Contrary to the mayor’s line that the city does not need to contribute more resources to violence prevention, I believe city-sponsored resources make a dramatic change in how people caught up in all sides of the epidemic can have better choices and a dignified way out of these mean streets.
Violence is solvable if we make the right choices. SFBG
John Avalos
John Avalos is a legislative aide to Sup. Chris Daly. He dedicates this column to Andrew Drew Elle, a.k.a. DJ Domino, who was shot to death on Tuesday night, June 20, at 24th Street and Folsom.

For bicyclists, some good news…

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› steve@sfbg.com
San Francisco’s southeastern waterfront is a natural jewel buried under the city’s industrial past.
The coastline is warm and often beautiful but marked mostly by collapsing piers, rusting skeletons of industrial centers, two power plants, and other long abandoned maritime projects.
But city and port officials, with the support of civic groups, are embarking on an ambitious effort to open up the waterfront with new bicycle and pedestrian trails, rotating public artwork, improved aquatic access, spruced up waterfront parks, rebuilt piers, and the transformation of industrial property into public spaces that would teach visitors about San Francisco’s past.
The recent opening of Pier 14, with the Passage sculpture from last year’s Burning Man festival as a temporary centerpiece, was a big step forward. And the imminent announcement of what the Farallon/Shorenstein development team is proposing for Piers 27–31 will be another important piece of the central waterfront puzzle.
Yet it is the so-called Blue Greenway initiative — which was formally launched June 24 with a bike and boat tour ending with a party at India Basin Shoreline Park on Hunter’s Point — that takes on the toughest terrain: the 13-mile coastline stretching from China Basin all the way down to Candlestick Point.
A Blue Greenway task force was set up six months ago by Mayor Gavin Newsom and Sup. Sophie Maxwell, with support from the Livable City Initiative and Neighborhood Parks Council. They shared their vision with a group of almost 100 bicyclists on a guided tour led by Newsom’s director of greening, Marshall Foster.
“We’re still imagining the way,” Foster said at the first stop of the Imagine the Way tour, Aqua Vista Park, where artist Topher Delaney is still covering the pier in shimmery blue sequins and installing horizontal bike rims trimmed with reflectors at the tops of colored poles.
Another art installment planned at Third Street and Cargo Way, Red Fish by William Wareham, was also not yet complete, like much of the Blue Greenway.
“You’ll notice on Illinois Street how there were no bike lanes. There were supposed to be bike lanes,” said Foster, noting how that project was recently appealed to the Board of Supervisors, only to have that and most other bike projects around the city stopped by a judge’s injunction (see sidebar).
At Pier 70 — once the main employment center of San Francisco, first with Union Iron Works and later Bethlehem Steel — getting access to the waterfront is nearly impossible now. The buildings are dangerous ruins and only broken pilings remain from the once-bustling piers.
“We think ultimately we can get in here and get access to the waterfront,” Foster said.
The Port of San Francisco’s planning and development director, Byron Rhett, who was also pedaling along on the tour, supported Foster’s hopes and said the port has consultants analyzing the site.
“We are just starting the process of declaring this an historic district,” Rhett said. “Bicycle and pedestrian access will be part of those discussions.”
Just south of Pier 70, the tour wound through the weed-strewn and graffiti-covered shoreline park and pathway at Warm Springs Cove. “This is a park that needs love,” said Michael Alexander, an historian and task force member who helped Foster narrate the journey.
A group of eight kayakers who were shadowing the bicyclists showed up while Alexander was talking, and he explained that there will be improvements to water access for them, both at Warm Springs and the next stop, Islais Landing, which was once a busy deepwater port channel, but which is now mostly hidden from view by roadways and underground culverts.
“We want to create places where we can open up Islais Creek,” Foster told the group.
The final two spots of the tour were on either side of the recently shuttered Hunter’s Point Power Plant: Heron’s Head Park and India Basin Shoreline Park, which are connected by a coastal trail that most San Franciscans probably don’t know exists.
At the final stop, Newsom, Maxwell, Assemblymember Mark Leno, and other luminaries gathered to promote the project.
“The Blue Greenway is already in each and every one of us, and we’re going to make sure that dream comes true,” Maxwell said.
The project will be a public-private partnership. Newsom committed the city to the effort but said the public has to get involved: “Without getting the enthusiasm to pull this off, it won’t happen.” SFBG
www.bluegreenway.org
www.sfbg.com on the Pier 14 opening.

…And some bad

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› steve@sfbg.com
Bicycle projects in San Francisco — from the ambitious Blue Greenway initiative to new bike lanes to the simple shared-lane arrows, or “sharrows,” that have been painted on some roadways — have been shut down by a preliminary injunction that Judge James Warren signed as one of his final actions before retiring.
The ruling is part of a lawsuit brought by Rob Anderson, a 63-year-old dishwasher, blogger (whose District 5 Diary regularly blasts the “bike nuts” and “anticar activists”), and failed District 5 supervisorial candidate. Anderson and two groups he formed — Ninety-Nine Percent (referring to those who he believes don’t ride bicycles) and Coalition for Adequate Review — last year sued the city over its Bicycle Plan, arguing that it should have received more rigorous environmental review under the California Environmental Quality Act (CEQA).
Unless the injunction is overturned, city officials are prohibited from making any physical changes contemplated by the plan until completion of a trial that’s set to begin Sept. 13. The Bicycle Plan, which California cities must update every five years to qualify for certain public funds, was unanimously approved by the Board of Supervisors and signed by the mayor last year.
City officials and bicycle advocates were shocked by the scope of Warren’s ruling. “This is big. It’s means nothing new for bikes for probably the next year,” said Andy Thornley, program director for the San Francisco Bicycle Coalition. “It’s pretty strict, even worse than we feared.”
Beyond the prohibition of “installing bicycle lanes on any street in San Francisco named or described in any part of the plan and its maps” and a range of other physical changes, the ruling says the city can’t pursue plans to allow more bikes on public transit. Anderson and attorney Mary Miles didn’t get everything they wanted, such as an end to the city’s “educational or training programs, enforcement activities, or promotional activities,” but that was small consolation to city officials.
“We’re disappointed with the injunction and we disagree with Judge Warren’s conclusions,” said Matt Dorsey, spokesperson for the City Attorney’s Office. Dorsey said the lawsuit and injunction defy the spirit of CEQA, as well as its specific exemptions for bike lanes on public streets. “Bikes are already allowed the use of all the streets in San Francisco.”
But Anderson said the Bike Plan should have been subjected to a full-blown environmental impact report before being approved, rather than a finding of exemption from such review, as the board ruled.
“This is not about the contents of the plan itself. It is about the process,” Anderson told the Guardian.
But Anderson’s arguments go well beyond process and bureaucratic details — instead they are driven by what appears to be deep animosity toward the bicycle community, which he has expressed on his blog and in public comments during city meetings.
“I think cycling in the city is dangerous and foolish,” Anderson told us. “It’s irresponsible for the city to encourage an inherently dangerous activity.”
Despite that danger Anderson said he doesn’t believe the city should be building bike lanes or pursuing other safety measures because only a very small percentage of city residents will ever ride bikes. He said that bicyclists are nothing but “an elitist special interest.”
Anderson refused to identify who’s helping to fund his suit or other members of his organization, except to say it’s a “small group” that mostly drives cars. (Anderson said he relies mostly on public transit and walking.) Although he said he believes in global warming and decries traffic congestion, he doesn’t believe bikes are a reasonable form of alternative transportation.
“It’s a progressive fantasy. Bicycles are not the answer to any problem. This is America, not Amsterdam. There are big cars and lots of them,” Anderson told us.
Yet city officials remain uniformly committed to promoting bicycling.
On June 23, Mayor Gavin Newsom issued a public statement saying, in part, “Despite Judge Warren’s preliminary injunction, I remain committed to making San Francisco a national leader for bicycle transportation. Our goal is to increase the number of bike trips in the city to reach 10 percent of all trips by 2010. My administration will do everything within our power to reach that goal.” SFBG
www.district5diary.blogspot.com

Pier review

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This summer there are three giant additions to San Francisco’s Embarcadero and all three represent huge victories in uniting the city with its waterfront and artistic roots.
For the next six months, Passage — two 30-ft welded sculptures, representing a mother and child and covered with countless recycled metal objects, including horseshoes, herons, and even a kitchen sink—will grace the entrance to the newly dedicated Pier 14.
Orchestrated by the Black Rock Arts Foundation and the Port of San Francisco, the Passage installation is part of an ongoing attempt to bring the work of local artists into the city’s public spaces and people’s daily lives. First exhibited at last year’s Burning Man event, Passage also represents a cultural full circle, as it comes to rest on the very waterfront where Larry Harvey started the Burning Man tradition, some 20 years ago. And it is the third significant Burning Man piece to be temporarily placed in San Francisco in the last year, a new trend that all involved say they hope to continue.
As for Pier 14, which at $2.3 million for 637 ft. represents some of the most expensive sidewalk in the world, it allows the public to walk on water, as well as meditate on panoramic views of both city and bay from a snazzy set of swivel chairs.
Addressing a crowd of artists, city officials, and curious passersby on June 16, which happened to be his birthday, Board of Supervisors president Aaron Peskin dedicated the newly opened pier to former SF mayor Art Agnos for his “courage and commitment

Shotgun marriage

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› sarah@sfbg.com
Mayor Gavin Newsom has garnered media accolades for his San Francisco Health Access Plan, which would provide the city’s 82,000 uninsured residents a package of health care services, including preventative, primary, specialty, and emergency care, lab work, X-rays, pharmaceuticals, and inpatient hospitalization.
All of this sounds good until you consider how the press has glossed over serious flaws in Newsom’s plan, which was coauthored by Sup. Tom Ammiano. And SFHAP could be doomed to fail unless coupled with the more controversial Ammiano-authored health care legislation: the Worker Health Care Security Ordinance (WHSCO).
Ammiano’s ordinance would require employers operating within the city that have at least 20 employees (or 50 employees for nonprofits) to provide health care coverage for their workers. Predictably these mandatory spending requirements have the business community screaming its opposition — and Newsom, who is up for reelection next year, pussyfooting around the issue.
But the truth is that Newsom hasn’t detailed how to fully pay for his plan or avoid its policy pitfalls without the financial and structural boost that WHSCO’s mandates provide.
“There is no separation between the two pieces of legislation except in the way they’ve been presented. They’re joined at the hip, and there will be no funding gap with both pieces of legislation working together,” Ammiano told the Guardian.
Here’s how the plans work: To cover the estimated $200 million cost of Newsom’s sliding scale SFHAP, the city would contribute the $104 million it currently spends on the uninsured, hoping that more preventive care would efficiently translate into lower emergency room costs.
Add that to an estimated $60 million that the city thinks higher income enrollees will pay, plus an additional $10 million in estimated savings from increased federal cost-sharing. But even if all that works out, there’s a $30 million shortfall.
Enter Ammiano’s plan, which would generate an estimated $30 million to $40 million in employer contributions. There’s also another key piece of Ammiano’s plan that saves the one Newsom is touting: Unless Ammiano’s plan becomes law, there’s nothing to stop employers who already offer health insurance from saving money by dumping their workers into Newsom’s newly minted program, thus expanding the number of uninsured and potentially overwhelming the city’s clinics.
While Ammiano’s plan requires businesses with more than 20 employees to cover 50 percent of workers’ health care costs ($1.06 an hour), and those with more than 100 employees to cover 75 percent of those costs ($1.60 an hour), it also offers employers a wide array of health care expenditure options, including providing insurance, creating health savings accounts, or paying into the Health Access Plan.
There’s a reason for these options: the federal Employee Retirement Income Security Act. The act prevents cities and states from specifying which health care plan employers must provide. But as Ammiano discovered, municipalities can stipulate how much employers must spend on health care.
Asked why he thinks Newsom isn’t giving Ammiano’s mandatory plan his public blessing, Ammiano waxes diplomatic.
“I asked the mayor, ‘So, what could you live with?’ and the answer was the Health Access Plan, in which everyone is covered, and there are no preexisting conditions,” Ammiano told us.
But the business community latched onto the idea as if it existed in a vacuum. Nathan Nayman of Committee on Jobs helped develop the Newsom plan but continues to slam Ammiano’s ordinance. At a Budget and Finance Committee hearing on June 26, Nayman called Ammiano’s ordinance “a full frontal assault on small and medium businesses.” But when challenged by Sup. Ross Mirkarimi over how killing the ordinance would incapacitate Newsom’s plan, Nayman suggested “putting both plans on hiatus.”
Ammiano said he’s running out of patience with Nayman and his downtown allies.
“They didn’t lift a finger except to come in at the last minute with a proposal that was neither progressive nor legally viable,” he complained, referring to an 11th-hour suggestion that businesses be charged a license fee. The fee would have fallen heavily on businesses with less than 20 employees — which don’t have to provide health insurance — and likely would have been challenged as a tax in disguise, thereby triggering a ballot.
Not that the Ammiano camp is afraid of voters. In 2004, 69 percent of San Francisco voted for Proposition 72, which would have provided employer mandated health care had it not narrowly failed statewide. So while Ammiano anticipates resistance from the business community, he isn’t expecting a “monolithic rebellion.”
“They’ve been doing their own polling, so they know if [mandatory health care spending] goes to ballot, it’ll pass, and they’ll only get much more rigid legislation,” Ammiano told us.
Ken Jacobs, who Ammiano describes as the brains behind WHSCO and who was also part of the mayor’s 37-member Universal Healthcare Council that developed SFHAP, told us WHSCO not only helps workers who don’t have health care access but also serves to stop the erosion of employer-sponsored coverage.
Jacobs — who is deputy chair of UC Berkeley’s Labor Center — said it’s important not to erode the 85 percent of SF-based businesses already providing employee health care benefits. Even Newsom’s health director, Mitch Katz, has publicly said that good health insurance is better than the access plan Newsom is touting.
Crediting San Francisco’s existing clinic system for making SFHAP conceptually possible, Jacobs noted that its estimated $200 million annual cost is based on “a fully ramped-up program in which every uninsured resident is enrolled” — something he believes won’t happen immediately.
Jacobs also points out that if employers who currently don’t offer medical benefits sign up for private insurance because of WHSCO’s mandate, their employees will no longer be uninsured, thus reducing the public system costs. He also believes that because WHSCO makes large employers spend $274 a month, it’s unlikely they’d opt for SFHAP because that plan is limited to care in San Francisco.
Conversely, SFHAP requires participants to be willing to apply for state and federal benefits. They also must pay monthly fees ranging from a nominal $3 for those earning below $19,600 to $35 for those earning between $19,600 and $40,000 to $201 a month for those earning over $50,000.
There’s also one more reason why Newsom will likely to be forced to accept the marriage with Ammiano’s plan, despite the grumbling from his business community supporters: Eight supervisors have now signed on as WHSCO cosponsors, giving it a veto-proof majority.
Newsom’s spokespeople did not return our repeated calls for comment, but Eileen Shields of the Department of Health confirmed that “Ammiano’s legislation supports making the SFHAP a reality financially.” SFBG

Put away the cameras

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EDITORIAL The rate of violent crime in San Francisco, including murder, is climbing, and it’s way past unacceptable. Progressives aren’t generally known for their crime-fighting plans, but in this case the left flank of the Board of Supervisors, led by Ross Mirkarimi and Chris Daly, has offered a real, functional plan: an increase in community policing and additional funding for violence-prevention programs. However, Mayor Gavin Newsom and the cops are against that, and they helped knock it down on the June 6 ballot.
So what does the mayor want to do? He wants to put surveillance cameras — perhaps as many as 100 new surveillance cameras — all over the city, recording everything that happens in big swaths of public space, 24 hours a day.
The American Civil Liberties Union is urging the mayor to drop the plan. We agree.
For starters, there’s no evidence that cameras deter crime. Studies in England, where crime cameras are ubiquitous, show no decrease in criminal activity that can be linked to the cameras, and even studies in the United States suggest that criminals aren’t deterred by them. It’s possible cameras will help identify killers, particularly in neighborhoods where it’s almost impossible to find witnesses willing to talk — but it’s also possible (even likely) the bad guys will know exactly where the cameras are and either move somewhere else or wear masks.
And in exchange for this dubious benefit, San Franciscans will give up an immense amount of privacy.
We already live in a society where surveillance is an ugly fact of life. Credit card customers, grocery shoppers, cell phone and FasTrak users — almost all of us have our names and other details of our lives in electronic files, controlled by private firms and (as we’ve seen in the post–Sept. 11 era) easily accessible by government agencies.
The cameras offer such a huge potential for abuse. Will local or federal authorities use them to monitor political protests? Will they become a tracking device for people the feds consider a “threat”? Will they be used to monitor and suppress perfectly legal political activities and private associations?
No matter what the mayor and the San Francisco Police Department say, those cameras will be recording in public spaces, and those video files will exist somewhere, and even if they’re regularly erased (and given the SFPD’s record on following its own rules in other areas, we don’t trust that for a second), all it takes is a visit from the Department of Homeland Security to overrule all the safeguards. And anybody who thinks that won’t happen has been utterly out of touch with the state of the body politic in the past six years.
Another possibility the ACLU raises: Those videos could be considered public record in California — meaning stalkers, angry ex-spouses, and people planning violent crimes will have access to the daily movements of their potential victims.
The supervisors have, to their credit, tried to come up with rules to limit the potential abuses. But these sorts of technologies have a way of expanding, and law enforcement agencies have a way of avoiding oversight and scrutiny. There are much, much better ways to deter and fight violent crime. The best solution here is to simply cut the funding for the mayor’s cameras from next year’s budget. SFBG

A take on A

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By Steven T. Jones
The biggest heartbreak on election day — Measure A being defeated by just over 1,000 votes — should become the biggest opportunity for progressives now that this election is done. This measure was an effort to get needed funds into social programs that would deter street violence and, equally important, to get the communities of color and street-level activists most affected by this problem involved in finding solutions. Blame for this measure’s defeat falls squarely on Mayor Gavin Newsom, his four supporters on the Board of Supervisors (plus Sup. Jake McGoldrick, who was on the wrong side of this one), and the Police Officers Association (and to an unknown degree, whoever attacked and crashed the Guardian site yesterday and kept our endorsements unavailable for much of the day). It’s understandable why the POA wants to pursue only a top-down, more-cops approach to the high murder rate. But what’s unfathomable to me is why Newsom and his political allies continue to do nothing to reform a Police Department that is dysfunctional, arrogant, and understandably doesn’t have the confidence the parts of the community with which it should be working most closely.

A full-time school board

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EDITORIAL The San Francisco Board of Education oversees a budget of more than $400 million. Its seven members attend regular board and committee meetings, analyze complex financial documents, visit school sites, meet with parents and administrators, attend conferences and trainings … and try to find a little bit of time to think about the future of public education in a very difficult urban situation. It’s one of the most important jobs in the city. And the board members get paid about $500 a month.

The members have no staff, just a secretary who handles messages and administrative duties for the entire board.

And you wonder why superintendents can run amok without proper oversight, why the budgets get passed with very little scrutiny, why the board members aren’t more actively involved in dealing with complex community issues like school closures. They just don’t have the time. Most of the board members have actual jobs; some, like Mark Sanchez (who teaches at a public school on the peninsula), have to use their vacation time to visit San Francisco schools.

It’s time to recognize what almost everyone in town concluded about the Board of Supervisors several years ago: This is a full-time job and ought to be treated as one.

Sure, paying the seven board members full-time salaries would cost some money, and the district is pinching every penny it has these days. But when you consider the benefits, the price tag is insignificant:

Full-time board members would be able to carefully manage district finances. Right now, the members get a budget document of more than 1,000 pages just days before they have to vote on it. There are almost certainly millions of dollars in that document that could be better spent, but only the administration the superintendent and his or her staff has the time to figure out what’s really going on.

The opportunity for public input would increase dramatically. School board meetings are once every two weeks, which is about all a part-time board can handle. Committee meetings are less frequent, and even when there are huge issues (like school closures) on the agenda, not all the members manage to show up. A full-time board could meet every week, hold regular committee meetings, and hold plenty of public hearings to get input on decisions.

Oversight would be transformed. When there are issues or problems involving San Francisco city departments, the supervisors can hold hearings, bring in the relevant parties, and get to the bottom of what’s going on. That never happens with the school board but it could, and with full-time board members, it would.

The city would get better candidates for the job. Right now it’s really hard for anyone who has a full-time job and kids in the public schools to sit on the school board. There are hundreds of people who would make excellent school board members who won’t even consider running because they just can’t afford to serve.

Full-time board members could actually market the schools. The SF schools badly need some goodwill ambassadors to show more parents the value of public education (and thus increase enrollment). That’s a perfect job for board members and a more functional board would present a much better image for the schools.

If the school board members were paid as much as San Francisco supervisors (roughly $80,000 a year), and if they each had one full-time staff aide, the total tab would run to around $1 million a year. We’re convinced that the resulting improved oversight and public input would allow the board to find far more than $1 million a year in savings elsewhere in the budget.

Giving the board members a huge raise is a tough sell when schools are closing and teachers are getting laid off. But it would transform the public schools and parents, teachers, and students would all be much better off. SFBG