Supervisors

Editorial: Mayor Lee, support Prop. 13 reform

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EDITORIAL You want a quick way to cut a huge chunk out of the city’s budget deficit? A way to save essential services without having to put a tax increase before the voters?

Just force the owners of large commercial properties to pay their property taxes.

It’s an open secret in California that the biggest properties are bought and sold under a loophole in the Proposition 13 that prevents city’s from reassessing them. It’s a fairly easy scam, one that almost never happens with lower-priced residential property: Instead of selling, say, a large commercial office building, the owners simply incorporate the building as a limited liability corporation and then sell shares in the LLC. That doesn’t count as a property transfer under Proposition 13, so the building is never reassessed.

That means a building that may have sold for $500 million still pays taxes on an earlier assessment, which is often far, far lower. That loophole alone is costing San Francisco millions of dollars a year, according to Assessor Phil Ting.

The California Tax Reform Association, in a May, 2010 report, notes that many of the biggest mergers, acquisitions, and property sales in the state over the past 30 years have taken place with legal tricks that keep property taxes artificially low.

Assembly Member Tom Ammiano has introduced a bill, AB 448, that would classify any substantive transfer of property, even if it’s done through subsidiaries and corporate shells, as a sale and allow counties to reassess the property. It’s a fairly mild step, far short of a split-roll measure that would treat commercial and residential property differently. In fact, Ting told us, 99 percent of all commercial sales (mostly smaller properties) don’t use the loophole. It’s just (once again) the 1 percent taking advantage of everyone else.

Los Angeles Mayor Antonio Villaraigosa has contacted Ammiano and asked to testify and help pass the bill. But at press time, Ammiano had heard nothing from San Francisco Mayor Ed Lee. (Lee’s spokesperson, Christine Falvey, told us she didn’t think the bill was still alive. It is.)

Lee needs to take a high-profile position in support of this bill — and he needs to encourage every other mayor in the state to do the same. The Board of Supervisors ought to pass a resolution of support — and push the County Supervisors Association of California to make this bill a top priority.

Making even a minor, eminently reasonable change in Prop. 13 is tough, and Ammiano’s best chance is if local elected officials really push for this. It’s crazy that Mayor Lee isn’t leading the way.

 

Dick Meister: Walter Johnson did what needed to be done

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BY Dick Meister

Dick Meister, former labor editor of the SF Chronicle and KQED-TV, has covered labor and politics for more than a half-century, Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns,

Walter Johnson was everything a labor leader should be – a dedicated, unflinching, champion of working people and their unions. But more than that, Walter was also an unyielding advocate of all those  inside and outside the labor movement who wanted – and badly needed – a decent living , or who were in any way oppressed.

Johnson, who died in San Francisco of a heart attack on Jan. 12 at age 87, devoted his life to that noble – yes, noble – task as head of the Department Store and Retail Clerks unions in San Francisco. He also later headed the SF Labor Council for nearly 20 years, from 1985 until his retirement in 2004.

 Walter was a genuine humanitarian, a kind, thoughtful man who very much liked and sincerely wanted to help people, who freely acknowledged the contributions of others who joined him in his efforts for social, political and economic justice, who seemed always ready and eager to do what needed to be done.

He was a man of great good humor, an outgoing man who seemed to get along with just about everybody, even some of his toughest adversaries. I know, I know. That surely does sound like pure hyperbole. But, believe me, it’s not, as many others who knew Walter Johnson could tell you.

Listen to Art Pulaski, who heads the California State AFL-CIO. He declared that Johnson “was a big and fearless advocate for everyone and anyone who was wronged, mistreated, put down, left out, pushed aside or just down on their luck.  He was fearless because he always followed his faith, his values and his heart.”

Despite the seriousness of his undertakings and his militancy, Johnson was no grim advocate. Whatever the situation, there was always lots of good-natured teasing, and jibes to be traded with friends. And jokes, always jokes – always! Corny, make-you-groan jokes usually, but effective at lessening the tensions that invariably came with the struggles he helped lead.

One look at Johnson’s face made clear his Scandinavian background, a mixture of Norwegian and Swedish. But you wouldn’t necessarily recognize him as a labor leader. He didn’t fit the stereotype. He almost invariably dressed in coat and tie and otherwise looked more like the public image of a business leader, more like management than labor.

Many union leaders spend most of their time in their offices, but Walter was out on the picket lines, or marching or otherwise demonstrating in support of the demands of his union and others, as well as those of other organizations also demanding justice. He was arrested several times for joining in sit-ins and other demonstrations that the authorities wanted to halt. And Johnson kept that up, despite his retirement.

I met Walter thanks to my job as the Chronicle’s labor editor. That was in the early 1960s, a few years after he had arrived in San Francisco from his native North Dakota to work as a Sears appliance salesman.

Dave Selvin, the labor historian and former public information officer for the Labor Council, had told me I should be sure to check out “a young guy” who’d just been elected president of the Department Store Employees. Walter Johnson, of course.

Selvin predicted good things for Johnson, and he was right.

Under Johnson’s leadership, San Francisco store clerks, department store employees and others won labor contacts at least as rewarding as the contracts as those who held similar jobs elsewhere.

Johnson was a key leader in winning strong, virtually unprecedented support for labor from City Hall and the Board of Supervisors – especially from Mayor Joseph Alioto.

Union representatives were appointed to many city commissions, major job creating construction projects were approved, and Alioto stepped in to mediate settlements of major strikes. Picketing strikers could be pretty certain police wouldn’t interfere. New businesses unfriendly to labor found it difficult to get the necessary city permits. Thanks to Johnson and other leaders, labor had gained considerable political clout to go with its considerable economic clout.

Johnson didn’t fear clashing with the AFL-CIO and its other affiliated unions as long as he felt he was right. He was one of the few labor leaders to speak out against the Vietnam War, which was wholeheartedly supported by the AFL-CIO’s national leadership and most of its affiliates.

Johnson was a leader in the growing global union movement that aims to create a powerful international labor federation that would bring the world’s unions close together to deal with “global capitalism” and thus improve the often deplorable conditions of many workers in many countries.

Closer to home, Johnson was one of the first labor leaders to give unconditional support to the LGBT movement. He was an important supporter of proposals to create a gay organization within the labor movement, despite the homophobic nature of most unions at that time. Johnson played a key role in the founding of the LGBT group that became Pride at Work in 2004.

Nancy Wohlforth, the current president of Pride at Work and now an AFL-CIO Executive Council member, had approached Johnson with the idea of such a group in 1979 and was shocked when he readily agreed it was a great idea. Wohlforth was so thankful for his help she dubbed him “an honorary lesbian.”

“Walter was thrilled,” Wohlforth said.

She later was the new business manager of a San Francisco secretarial union that was on strike against a union group that employed its members. Wohlforth noted that Johnson could very easily have avoided being involved, but “he dove right in.”

“He walked the picket line on rainy days and led a toy drive for the strikers during the Christmas holiday. He was, as always, so concerned that workers would know that they were supported at that difficult time.

“Working people’s struggles were always on his mind. I’m sure he dreamed of them every night – and he constantly was coming up with ways to make people’s lives better. He truly was my hero and he will be missed so much by all who were fortunate enough to know him.”

Amen to that.

Dick Meister, former labor editor of the SF Chronicle and KQED-TV, has covered labor and politics for more than a half-century, Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns,

The new board committes: Not great news

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Board President David Chiu has released the new committee assignments for 2012, and they aren’t a whole lot different from last year’s — except in a few areas. And they aren’t exactly an indication of progressive power.

The three most conservative supervisors — Mark Farrell, Sean Elsbernd and Carmen Chu — all were named to chair committees. Supervisors Eric Mar and John Avalos also are committee chairs, although David Campos was relegated to the joint City and School District Select Commitee, which is important but takes no votes and has no role in the legislative process.

Word is, however, that Campos may wind up chairing the Transportation Authority.

The Budget and Finance Committee is run by Chu, but Avalos and Jane Kim are also members, giving a majority to the progressives. But during the budget season, that panel expands to five members — and the additional two, Scott Wiener and Malia Cohen, are both decidedly on the moderate side. That means progressives will not have a majority on the panel that plays the central role in setting the city’s budget.

The Rules Committee is improved from last year — Kim is the chair, joined by Campos and Farrell. But Land Use and Economic Development — possibly the second most important committee after Budget and Finance — is dominated by moderates; Mar is the chair but Cohen and Wiener will have a 2-1 majority.

State Assemblymember Tom Ammiano told me he’s concerned that the two openly gay members of the board, Campos and Wiener, aren’t in more prominent roles. “It seems like there are two very hardworking people who were slighted here,” he said.

But Chiu disagrees, saying that the assignments “reflect the diversity of the board and the city.” He added: “Last year (when conservatives were given key posts) everyone thought the sky would fall, and it didn’t.”

The sky falling is pretty dramatic; I suspect it won’t. But there’s a difference between the sky falling and the progressive agenda moving forward.

 

 

Should city commissioners live in San Francisco?

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Overriding the Rules Committee recommendation and dissing Sup. Scott Wiener – who has taken a lead role on protecting nightlife from critical cops and NIMBY neighbors – the Board of Supervisors yesterday voted to appoint Glas Kat Supper Club owner Steven Lee to the Entertainment Commission, even though he doesn’t live in the city and needed a special residency waiver. UPDATE (1/12, 3 PM): Sup. Sean Elsbernd informs us that the City Attorney’s Office has ruled residency waivers can’t be used with Charter Commissions such as Entertainment, thus invalidating this appointment. 

Why would supervisors do so when Castro club owner Tim Eicher, Wiener’s pick and the Rules Committee’s choice, was well-qualified, anxious to serve, and actually lives in the city? Maybe it has something to do with the fact that sources say Chinatown political fixer Rose Pak and Pak protege David Ho are close to Lee and have been lobbying on his behalf. Or that Wiener said Lee supporters have been making the argument that there are already too many gay men on the commission.

“Nightlife issues are important tot he LGBT community,” Wiener said, noting that he was disappointed that Lee supporters have made that argument, particularly because he noted the LGBT people are underrepresented on many city commissions, particularly the powerful Planning and Airport commissions, where there are none.

Whatever the case, it made for a tense discussion at the board yesterday, followed by a vote that didn’t break along normal ideological lines. The motion by Sup. Eric Mar to substitute Lee for Eicher was approved on a 6-5 vote, with Sups. David Campos, Carmen Chu, Sean Elsbernd, Mark Farrell, and Wiener opposed.

Lee supporters noted that he has lived and worked in San Francisco for decades even though he has recently moved down the peninsula to help care for an aging father and disabled brother. For three generations, Lee’s family has been opening and operating businesses in San Francisco, including nightclubs.

“I felt his experience was somewhat superior,” Sup. John Avalos said of his reason for backing Lee.

But those who voted against Lee said it’s a troubling precedent to choose an out-of-towner over a city resident. “To grant a residency waiver for someone when we have a qualified San Francisco candidate is something we just don’t do,” Farrell said.

Sup. Jane Kim cited examples of other appointees that had such waivers, but Elsbernd angrily retorted that those were for seats that no city residents had applied for. And if Sup. Malia Cohen gets her way, there will be even more non-residents being appointed to city commissions. She said that she intends to recommend African Americans who have left the city to serve on various commissions, and she told her colleagues that she expects their future support for that effort.

After the hearing, both Lee and Ho downplayed Pak’s role in the move, telling the Guardian that Lee had key supporters in many of the supervisorial districts. “I’ve been doing this on my own,” Lee said. “I never asked Rose to help me.”

As for his priorities on the Entertainment Commission, Lee said, “Obviously, our main goal is public safety, but also working with the neighbors.”

Redrawing the map

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tredmond@sfbg.com, steve@sfbg.com

The most important political change of 2012 may not be the appointment of a new District 5 supervisor or the inauguration of a new mayor and sheriff. A process moving slowly through a little-known city task force could wind up profoundly shifting the makeup, and balance of power, on the Board of Supervisors — and hardly anyone is paying attention, yet.

The Redistricting Task Force is in the process of drawing new lines for the supervisorial districts, as mandated every 10 years when new census data is available. The nine-member body is made up of three appointees each by the board, the mayor and the Elections Commission. While mandated to draw equal-sized districts that maintain “communities of interest,” the board has almost unchecked authority to decide which voters are in which districts.

While it’s difficult to draw 11 bad districts in San Francisco, it’s entirely possible to shift the lines to make it more difficult to elect progressives — something many groups out there are anxious to do.

VIEW THE CURRENT WORKING DRAFT MAP HERE

 

CONSOLIDATING THE LEFT

Downtown and pro-landlord groups are circulating their own draft maps, attempting to influence the outcome. Their goal is hardly a secret: If progressive voters can be concentrated in a small number of districts — say, districts 5, 6, and 9 — it’s more likely that a majority of the board will be moderates and conservatives.

The task force has looked at 10 “visualizations” prepared by a consultant, and each of them had some alarming aspects. For example, the visualizations mostly pushed such conservative areas as Seacliff and Presidio Heights into District 1, which is represented by progressive Sup. Eric Mar.

On Jan. 4, those drafts were replaced by a single working draft map, which is now on the task force’s hard-to-find website (www.sfgov2.org/index.aspx?page=2622) — and it’s not as bad as the earlier versions. The working draft keeps Seacliff and Presidio Terrace in District 2 — which share similar demographics.

“The working families in the Richmond don’t belong in the same community of interest as the millionaires with homes overlooking the ocean,” Mar told us.

But there are other changes that some may find alarming. The more conservative Portola neighborhood, which is now in District 9, would be included in District 11, while D9 would pick up the more liberal north Mission. That would make D9 an even safer progressive district — but make D11 harder for a progressive like the incumbent, John Avalos, to win.

The task force has been holding hearings on each of the districts — but there’s been little discussion about how the new lines will affect the makeup of the board, and the politics and policy of the city, as a whole.

 

POPULATION CHANGES

The driving force behind the changes in the districts is the rather dramatic population shift on the east side of the city. Most of the districts, census data show, have been relatively stable. But since 2000, 24,591 more people have moved into D6 — a nearly 30 percent increase — while 5,465 have moved into D10 (a 7.5 percent increase) and 5,414 into D11 (8.7 percent). D9 saw the biggest population decrease, losing 7,530 voters or 10.3 percent.

The huge growth in D6 has been the result of a boom in new high-end condos in the Rincon Hill and SoMa neighborhoods, and it’s changed the demographics of that district and forced the city to rethink how all of the surrounding districts are drawn.

No matter what scenario you look at, D6 has to become geographically smaller. Most of the maps circulating around suggest that the north Mission be shifted into D9 and parts of the Tenderloin move into districts 3 and 5. But those moves will make D6 less progressive, and create a challenge: The residents of the Tenderloin don’t have a lot in common with the millionaires in their high-rise condos.

As progressive political consultant David Looman noted, “The question is, how do you accommodate both the interests and concerns of San Francisco’s oldest and poorest population and San Francisco’s youngest, hippest, and very prosperous population?”

The working map is far from final. By law, the population of every district has to be within 1 percent of the median district population, or up to 5 percent if needed to prevent dividing or diluting the voting power of minority groups and/or keeping established neighborhoods together.

Under the current draft, eight of the 11 districts are out of compliance with the 1 percent standard, and District 7 has 5.35 percent more residents than the mean, so it will need to change. But task force Chair Eric McDonnell told the Guardian that he expects the current map to be adopted with only slight modifications following a series of public meetings over the next couple months.

“The tweaks will be about how we satisfy the population equalization, while trying to satisfy communities of interest,” McDonnell said, noting that this balancing act won’t be easy. “I anticipate everyone will be disappointed at some level.”

 

OUTSIDE INFLUENCES?

Some progressives have been concerned that downtown groups have been trying to influence the final map, noting that the San Francisco Board of Realtors, downtown-oriented political consultants David Latterman and Chris Bowman, and others have all created and submitted their own maps to the task force.

McDonnell said the task force considered solutions proposed by the various maps, but he said, “We won’t adopt wholesale anyone’s maps, but we think about what problem they were trying to solve.”

For example, some progressive analysts told us that many of the proposals from downtown make D9 more progressive, even though it is already a solidly progressive seat, while making D8 more conservative, whereas now it is still a contestable district even though moderates have held it for the last decade.

“It would be nice to see the Mission in one district, but it makes D8 considerably more conservative, so it’s a balancing act,” said Tom Radulovich, a progressive activist who ran for D8 supervisor in 2002.

Latterman told us he has a hard time believing the final map will be substantially similar to the current draft. “Once that gets circulated to the neighborhoods, I find that hard to believe it won’t change,” he said. “A lot of the deviations are big and they will have to change.”

He said that he approached the process of making a map as a statistician trying to solve a puzzle, and that begins with figuring out what to do with D6. “I fall back on my technician skills more than the political,” Latterman, who teaches political science at the University of San Francisco, said. “It’s a big puzzle.”

Latterman also disputed concerns that he or others have tried to diminish progressive voting power, saying that’s difficult to do without a drastic remaking of the map, something that few people are advocating.

“It’s hard to make major political changes with the other constraints we have to meet,” he said. “Unless you’re willing to scrap everything we have, it’ll be hard to make major political changes.”

Once the task force approves a final map in April, there’s little that can be done to change it. The map will go to both the Elections Commission and the Board of Supervisors, but neither can alter the boundaries.

“We are the final say,” McDonnell said. That is, unless it is challenged with a lawsuit, which is entirely possible given the stakes.

BREAKING: Lee appointing Olague to D5 seat

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Sources say Mayor Ed Lee will appoint Christina Olague, the Planning Commission president and longtime progressive, to the District 5 seat on the Board of Supervisors that was vacated by Sheriff Ross Mirkarimi. Formal announcement set for 10 am. More after the ceremony.

UPDATE 11:30 AM: Lee announced his decision and administered the oath of office to Olague this morning at City Hall before a large crowd of mostly progressive political activists who said they were pleasantly surprised to see one of their own get the nod, taking it as a positive gesture from a moderate mayor who has pledged to work with all sides.

In their remarks, both Lee and Olague talked about the need to get past political labels and stressed her detailed knowledge of planning and land use issues, which they hope will help with Lee’s main focus on job creation.

“This is not about counting votes, it’s about what’s best for San Francisco and her district,” Lee said. Olague echoed the sentiment: “I think this is an incredible time for our city and a time when we are coming together and moving past old political pigeonholes.”

She pledged to get right to work on pressing issues facing the city and with winning the “respect and trust” of voters in District 5, one of the city’s most progressive.

We’ll have more analysis and reaction to this appointment and Lee’s inaugural address yesterday in this week’s Guardian.

Mirkarimi takes the oath

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The room was packed for the inauguration of Sheriff Ross Mirkarimi, and for the most part, the crowd wasn’t talking about what Mirkarimi referred to as the “cloud” hanging over the event. He mentioned the investigation into possible domestic violence only that once, then joked that he’d managed to get a lot of press to his event.


There was music, dancing, former Mayor Art Agnos administering the oath of office, a long, long Mirkarimi speech on criminal justice policy (please, Ross, 15 minutes would have been plenty). Most of Mirkarimi’s progressive colleagues (including supervisors John Avalos, David Campos, Jane Kim, and Eric Mar, state Sen. Mark Leno and Assemblymember Tom Ammiano) were on hand. And the press conference afterward was surprisingly mild.


Mirkarimi was asked what happened the night in question, and he declined to talk about it, saying the criminal justice system would work its way through the process. Then his wife, Eliana Lopez, interrupted, took the mike, and announced that this was a “family matter” and she would have no more to say – except that she has no complaints about her husband.


That was it. No shouted questions as the sheriff walked away, no 1000-watt camera flashes in his eyes, nothing to indicate that this is the gigantic scandal that it’s become in the daily papers.


But Mirkarimi did make one statement that’s worth mentioning: He said that there were forces in the department (I think he meant the Police Department) that didn’t want to see him as sheriff. That’s absolutely true.


Let me make a few points here.


First, for the record: There’s no excuse for assaulting anyone, and there’s less excuse for assaulting your wife. Domestic violence is a serious, under-reported problem, something all too often dismissed by the authorities – with catastrophic results. Women die because batterers are not held to account. I have close friends who have been in abusive relationships, and it’s not pretty and it’s not a joke and it’s not something to take lightly.


That said: I don’t know what happened that night at Mirkarimi’s house. But I do know that the minute the cops were brought in, it became political.


See, the cops, for the most part, are not Mirkarimi fans. He beat their guy, former Police Officers Association president Chris Cunnie, in the race for sheriff. He’s demanded changes in the department (including foot patrols, which a lot of old-timers don’t like). He also beat a sheriff’s captain. He’s a civilian who is going to run a law-enforcement agency as a civilian, which means he’s not part of the Fraternity.


The news reports about the incident were clearly leaked by the SFPD. So, I’m sure, was the search warrant (that’s a public document, but I honestly don’t think the Examiner tracked it down, I think it was delivered to the paper by a source in the department). Nothing wrong with that – cops (and politicians) tip reporters to stories all the time. I’m not blaming the Chron or the Ex for doing the story – it’s news, you have to report it.


And, of course, if the cops had ignored the case or downplayed it, they would have been criticized for covering up an incident involving the new sheriff.


Again: I’m not excusing Mirkarimi’s behavior (alleged behavior — we don’t know what actually happened). But the way the story and the details were leaked reflects the political reality that the cops don’t love the new sheriff, and a lot of them would be thrilled to take him down. That’s just political reality.


Which means Mirkarimi needs to be very, very careful – there are people watching every single move he makes, every day. And they’re not interested in policy debates.


PS: The D.A. and the cops managed to finish this particular investigation in record time. I wonder what’s happened to the investigation into possible vote fraud in the Ed Lee campaign. Months have passed. Nobody is facing any charges. There are no police leaks about anyone involved. Funny, that.

Who will push progressive taxes in 2012?

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Mayor Ed Lee talked to the Examiner about his plans for the next year, and it’s a lot of the usual political crap: I’m going to create jobs, I’m going to bring people together and promote civility, ho hum. But he did mention, briefly, the need to change the city’s business tax, and here’s how he put it:

We have given ourselves four months to reach out to all the business groups. There will be different views and opinions. You can have a hybrid [between a payroll and gross receipts tax], and you can also have a phase-in period of time. We want to have a good conversation with everybody and get their best ideas, and then use those ideas to craft what we think could be on the ballot. We’re not saying it has to be on the November ballot, but it could be. We want to have something that is not job punishing, but also something that does not decrease our revenue.

First: He’s going to reach out to all the business groups — but what about everyone else in the city? The level of business taxes has a direct impact on city services; is that not part of the equation? Clearly, he’s talking about something that’s at best revenue-neutral, something that “does not decrease our revenue.”

And please, don’t tell me about “job punishing” — it makes me even crazier than I already am. Look: There has to be a business tax in San Francisco. And any time you tax businesses, you take money for the city that could be used for other things. In some cases — not that many — the extra money might be used to hire a few people. In reality, for most businesses, the payroll tax is absolutely NOT a factor in job creation. It sounds bad — Gasp! a tax on jobs! — but the truth is that payroll is a rough approximation for the size of a company, and that’s what the city uses as a tax base.

Of course, we could change that to a gross receipts tax — another rough approximation for the size of a company. It’s also imperfect — some companies have a lot of money (VC funding, for example) and a lot of employees, but at this point not much in the way of sales. Some companies (supermarkets, for example) have high gross receipts but relatively low profit margins. And, of course, if you do a gross receipts tax the same people who complain about the payroll tax will have a new line: The GR tax penalizes growth! It penalizes success! The more money you make the more you pay! Unfair! Un-American! Job killer!

Because some people in this town (mostly big business types) just want lower taxes, period — not different taxes, lower taxes

So let’s get rid of the “job killer” rhetoric and start talking about what the city’s tax policy should be. And it should go like this: The individuals and businesses with the most money should pay the highest tax rates. The rich don’t pay their fare share anywhere in the U.S., and while the mayor and the supervisors can’t change federal policy, they can do their part on a modest level at home.

This a great year for tax reform in San Francisco. The spirit of Occupy is very much alive. There is, for the first time in decades, a national discussion about income and wealth inequality. There’s strong evidence that the middle class is vanishing in San Francisco. And, thanks to the wierdness of state law, in 2012, when there’s an election for the Board of Supervisors, a tax measure can pass with a simple majority vote In many ways, this is the single most important policy issue in the city, the one that defines who pays for what and who gets what and whether (public sector) jobs are created or destroyed and what kind of a city we want to be.

So let’s take it seriously. Instead of allowing Mayor Lee and the (big) business folks set the agenda, the progressives really need to move forward on a tax-reform plan that looks at making big business pay more and small business pay less — and that brings in another $250 million a year for the local coffers If gross receipts is the flavor of the day, I’m good with that — but not a flat tax. Exempt, say, the first $250,000 (or the first $500,000, whatever, run the numbers and see what we can afford). Put a 1 percent tax on the next million, a 1.5 percent tax on all receipts between $1.5 million and $5 million, a 2 percent tax on $5 million to $10 million and 3 percent on everything higher. Adjust the numbers either way, but that’s the general idea. Then add in a tax on commercial rents (again, exempt the first $500,000 or whatever) to make sure the the big landlords (who get away with murder under Prop. 13) are paying, too. And yes, based on market supply and demand, some will try to pass that on to their tenants, but companies (including a lot of law firms) that rent enough space to be paying millions of dollars a year in rent can afford to modest tax hike.

It will take the city controller or the city’s economist to do the math and see what the options are and how you get to $250 million net new revenue, so my proposal is just a start. But somebody needs to take this on, some member of the Board of Supervisors — or else we’ll just be responding to what the Chamber of Commerce wants. Who wants to be the champion of Tax Reform for the 99 Percent? Time is getting short.

Daly is back in a progressive leadership role

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Chris Daly, a pivotal organizer of progressive politics during his decade on the San Francisco Board of Supervisors, has returned to a high-profile role in the movement. Last month, he went to work for Service Employees International Union Local 1021, the city’s largest public employee year. And today, he was named its interim political director.

“I’m excited and I think everyone here is excited to have Chris’s talent and experience and energy on this team,” local President Roxanne Sanchez, who was elected as part of a progressive reform slate in 2010, told the Guardian. “Part of the vision of the executive board, and the mandate that we were elected on, is to build a long-lasting sense of power at the rank-and-file level.”

Even before lending support to the Occupy movement and its challenge to the power of the richest 1 percent of society, Local 1021 was targeting banks and other downtown financial institutions with its Fight for a Fair Economy campaign. Now Daly can continue pushing that agenda and connecting the dots between the consolidation of wealth and the hardships faced by workers and local government.

“The spark has been the Occupy movement, but it’s been 1021 that has been helping to instigate some of these possible next steps…It has an opportunity to be successful if there’s some institutional support for it,” Daly said of San Francisco’s progressive movement, which suffered a setback when he and other board progressives were termed out, and a bit of a revival in the fall with the emergence of OccupySF.

“Occupy is going to need some foundation to continue its work,” Daly said. “Without organizational or structural support, that could have been a one-time thing.”

But now, during an important election year when the union’s contracts with the city expire, Daly sees an opportunity to forward the interests of both union members and the broader progressive movement. Both Daly and Sanchez say educating their members and the general public about the importance of progressive issues is essential to advocating for their members, who are among the city’s lowest paid workers and those who have suffered the most layoffs in recent years.

“If there’s not a notion of the distribution of wealth and the 99 percent, we won’t be successful,” Daly said. “Downtown is powerful, and labor needs to be here to offset the power of downtown. Without that, we’re stuck.”

Sanchez said the reorganization now underway in her union, of which hiring Daly is a key component, is about turning the clock back on the labor movement and returning to an agenda of broadly building working class power, as unions did in the ’30s and ’40s before becoming more bureaucratic institutions in the ’50s.

“Chris, and his perspective of building community strength, is our focus,” Sanchez said. “This is the time when unions have to help move a working family agenda and to push back on the opportunistic wealthy interests in this society.”

In the year since he left the board, Daly has been running the bar he purchased, The Buck (formerly Buck Tavern) – which became like a progressive clubhouse and gathering spot – as well as helping John Avalos’s mayoral run and other campaigns. Daly says he wants to maintain that role by continuing to tend bar on Friday nights, but he plans to pour most of his energies into a new role that is really a continuation of his old role.

“For me, it was never about being on the Board of Supervisors. It was about trying to make the progressive movement strong and more effective…In some ways, I was one of the unofficial political directors of progressive San Francisco,” Daly told us. “I have a strong motivation to build a progressive political program, and now I have the opportunity to do that.”

Ed Lee and District 5

12

It’s all gossip at this point because if anybody other than Ed Lee knows who Ed Lee is going to appoint to the District 5 seat, that person isn’t talking. It’s no surprise the Chuck Nevius, who really loves Mayor Ed, thinks it’s just fine and dandy that he’s taking his sweet time to name a replacement for Ross Mirkarimi, but a some people who live in the district aren’t so happy.

Here’s the thing: The new supervisor will hav to be appointed and take office pretty soon, since Mirkarimi is officially sworn in as sheriff Jan. 8, and so is effectively already off the Board of Supervisors. Either Lee makes his choice by Jan. 10, the next board meeting, or the supes will meet one member short — and the district will have no representation.

Not the end of the world, of course, but: No matter when Lee pulls the string now, the new person will have to hire a staff, make connections across the district, get up to speed on the issues and move into a difficult and complicated job without any transition time at all. No time for preparation, no time to meet with Mirkarimi or his staff to figure out what’s going on — nothing.

If Lee had made his choice a few weeks ago, that person could have been doing what Mirkarimi has been doing in the sheriff’s office — meeting with the outgoing office holder, going to briefings, assembling a team etc.

So Lee’s indecision isn’t just bad for the district; it’s bad for the person he appoints.

Oh, and by the way: Nevius has part of his analysis a little wrong. He claims that

The Guardian, the progressive playbook, has already made its pitch, twice writing that Planning Commission President Christina Olague would be acceptable.

Actually, we haven’t endorsed or promoted anyone for the job (and that’s probably just as well, since anyone I suggest will never get the mayor’s support). We did run an opinion piece by Gabriel Haaland saying that Olague would be acceptable to him. All we’ve done is described the profile we’d like to see:

It’s critical that the mayor appoint a District 5 supervisor who is a credible progressive, someone who supports higher taxes on the rich and better city services for the needy and is independent of Lee’s more dubious political allies.

Either way, it’s time for Lee to make a decision.

Police foot patrols help with crime drop in SF

6

The Mayor’s Office and San Francisco Police Department this morning sent out a press release announcing a decrease in violent crime in 2011, citing a number of factors for the drop but failing to mention an important and once-controversial one: increased police foot patrols.

But Police Chief Greg Suhr told us that foot patrols are a big part of the community policing techniques – and “community policing” was indeed mentioned in the release – responsible for the drop.

“They’re big. When we talk about increasing community involvement, that definitely includes foot patrols,” Suhr told the Guardian, explaining his policy of having a visible police presence in high-crime corridors like mid-Market, 3rd and Palou streets, and parts of the Mission District. “People should always see a cop on foot or on a bike in some places.”

For a long time, the SFPD resisted getting cops out of their cars and onto the streets – even in the first couple years of then-Mayor Gavin Newsom’s tenure, when the city had almost twice the 50 murders it experienced each of the last two years — until it became a pitched political battle in the city.

Sup. Ross Mirkarimi and other progressives on the Board of Supervisors and the Police Commission locked horns with Newsom and then-Police Chief Heather Fong over the issue in 2010. After Newsom vetoed legislation to require foot patrols, Mirkarimi and Sup. David Campos co-authored a ballot measure requiring them, Measure M, which was narrowly defeated after SFPD began to implement them on its own.

“I believe that any analysis will eventually show – and they should really do this study – that community policing and foot patrols have a lot to do with this drop,” Campos, a former Police Commissioner, told us. “Community policing and foot patrols are the most pro-active way to reduce crime in any given neighborhood.”

Suhr agrees, something that Campos recognizes and praises the new chief for, saying he’s much better than his predecessors on the issue. “Chief Suhr has been very supportive of community policing,” Campos said. “He’s been very good about working with us to make it happen.”

Suhr said that the department needs to have enough personnel in the stations to take calls, do investigations, and otherwise process information. “Everyone else should be on the street trying to get in front of this stuff,” he told us.

He does still defend the department’s opposition to Prop. M, noting that it would have micromanaged SFPD in a way that he didn’t think was appropriate. But he’s also a true believer in foot beats and other community policing techniques, and he said things are better today than “years ago, when there wasn’t as much open communication as there is now.”

As for the Mayor’s Office and its failure to give credit directly to foot patrols, Press Secretary Christine Falvey told us, “Foot Patrols, the Ambassador Program and other efforts are all critical pieces of Community Policing, which is referenced as part of the success we have seen in getting the crime rate down in San Francisco.”

Her office’s press release follows:

MAYOR LEE & CHIEF SUHR ANNOUNCE SAN FRANCISCO’S CONTINUED HISTORIC CRIME RATE DROP
Year End Statistics Show Continued Historic Lows for Homicides & Violent Crime Rates Overall Since 1960s

San Francisco, CA— Today Mayor Edwin M. Lee and Police Chief Greg Suhr released the year end crime statistics showing continued historic low crime trends for the City. Mayor Lee and Chief Suhr announced that 2011 violent crime rates in San Francisco are down 6 percent from last year.

“Violent crime in San Francisco remains at historic lows because of stronger community partnerships, targeted approaches to violent crime and aggressive crime prevention strategies,” said Mayor Lee. “Despite some tough economic times, Chief Suhr and the San Francisco Police Department are working to make our City the safest big city in the United States through the best use of 21st century technology, strategic deployment of police resources, the use of innovative crime fighting strategies and successful partnerships with our diverse communities and neighborhoods.”

Homicides were at their second lowest annual rate of any year in San Francisco since the 1960s again in 2011.

In 2011, total violent crime in San Francisco was down six percent from 2010 and shows a reduction of 18 percent compared to 2008:
·        Homicide showed no statistical change; there were 50 homicides in both 2011 and 2010;
·        Aggravated Assault is down nine percent in 2011 from 2010;
·        Robbery is down two percent in 2011 from 2010;
·        Rape is down 12 percent in 2011 from 2010; and
·        Burglary is down five percent in 2011 from 2010.

In 2011, total property crime in San Francisco was up three percent from 2010.

The SFPD continues to pursue innovative crime reduction strategies including a “task force style” response to all crimes of violence. Increased community policing efforts, improved approach in assisting those suffering from mental illness and those with limited English proficiency, town hall community meetings and the decentralization of traffic officers and Beach/Park Patrols for safer streets and neighborhoods are also critical to the reduction of crime in San Francisco. In addition, the formation of the new Special Victims Unit allows our City’s most vulnerable populations the compassion and consideration they deserve.

“The year end crime statistics are an indication to the people of San Francisco of how well the men and women of the San Francisco Police Department are serving this City,” said Chief Suhr. “Our goal is for San Francisco to be the safest big city in America, and the men and women of the SFPD in partnership with our communities are committed to this end. We will achieve this goal by reducing crime and the perception of crime through the use of innovative crime fighting strategies, accessing the best technology available, predictive policing, strategic planning, and working collaboratively with all those concerned. There is nothing we cannot achieve when we all work together for the common good.”

An open letter to Ed Lee

76

OPINION Dear Mr. Mayor,

During the next week you will be appointing the a supervisor for District 5, an area of the city that has been historically considered the most progressive part of one of the most progressive cities in the country. It will be a signature decision for you in the next year, and will reveal the tone of your administration. Will you be a consensus mayor — or will you carry on your predecessor’s fight with progressives?

You have many qualified choices, but there is probably only one on your list that a majority of progressives would consider a clear progressive choice: Christina Olague, president of the Planning Commission. There are some who have hesitations about her, but ironically those hesitations are based on her relationship to you and her support for your candidacy for mayor. I have to admit, as a supporter of progressive Supervisor John Avalos for mayor, I shared some disappointment that she didn’t support John.

I’m sure there’s intense pressure on you to choose a more moderate choice, and I’m sure there are from your perspective some valid points to that argument. That said, District 5 deserves progressive representation.

I am a Haight resident, and I ran for Supervisor in District 5 in 2004. Supervisor Ross Mirkarimi came in first, I came in second, and Lisa Feldstein came in third. Both Lisa and I have spoken repeatedly about whether we would run next year, and we have even discussed running as a slate. Most political analysts think one of us would have a decent shot at winning — but I think both of us would support Christina, assuming that her votes continue to reflect her commitment to the progressive values of the district.

Christina not only supported you, she also supported Mirkarimi in 2004, and Matt Gonzalez when he ran for supervisor in 2000. She was appointed to the Planning Commission by Gonzalez and has been reappointed repeatedly by progressive supervisors to that commission. While her votes have not been perfect, by and large, her record is excellent; she has never succumbed to pressure, has listened well to all sides, and has ultimately done what she thought was right.

For example, she stood up for tenants’ rights when the landlord from Park Merced came to the Planning Commission to ask that 1,500 apartments be demolished, all of which were subject to the city’s rent control ordinance. She recognized the flaws in the landlord’s argument that a side agreement (negotiated without the local tenant groups involved) would prevent rent hikes and evictions. Olague was on the right side of history on the Park Merced deal, and has a long record of building tenant and senior tenant power. That’s the kind of leadership we need for District 5, an area comprised of primarily renters. I believe Olague will be a supervisor tenants can trust.

I can’t guarantee that all progressives will stand down if Olague gets the seat. The ego game is what it is. You have learned that from politics, I’m sure. But I think most progressive institutions and progressive activists will see her appointment as a victory and will support her candidacy for Supervisor next fall, as they should if she shows that her votes reflect the trends and values of District 5.

With Christina Olague, you have a win-win. You appoint a supervisor who reflects the progressive values of the district and who is also electable in November. 

Gabriel Haaland is an elected member of the San Francisco Democratic County Central Committee and an LGBT labor and tenant activist.

City Hall’s 2012 agenda

16

EDITORIAL There’s so much on the to-do list for San Francisco in 2012 that it’s hard to know where to start. This is a city in serious trouble, with unstable finances, a severe housing crisis, increased poverty and extreme wealth, a shrinking middle class, crumbling and unreliable infrastructure, a transportation system that’s a mess, no coherent energy policy — and a history of political stalemate from mayors who have refused to work with progressives on the Board of Supervisors.

Now that Ed Lee has won a four-year term, he and the supervisors need to start taking on some of the major issues — and if the mayor wants to be successful, he needs to realize that he can’t be another Gavin Newsom, someone who is an obstacle to real reform.

Here are just a few of the things the mayor and the board should put on the agenda for 2012:

• Fill Sup. Ross Mirkarimi’s seat with an economic progressive. This will be one of the first and most telling moves of the new Lee administration — and it’s critical that the mayor appoint a District 5 supervisor who is a credible progressive, someone who supports higher taxes on the rich and better city services for the needy and is independent of Lee’s more dubious political allies.

• Make the local tax code more fair — and bring in some new revenue. Everybody’s talking about changing the payroll tax, which makes sense: Only a small fraction of city businesses even pay the tax (which is not a “job killer” but is far too limited). Sup. David Chiu had a good proposal last year that he abandoned; it called for a gross receipts tax combined with a commercial rent tax — a way to get big landlords and companies (like law firms) that pay no business tax at all to contribute their fair share. That’s a good starting point — but in the end, the city needs more money, and the new system should be set up to bring in at least $100 million more a year.

• Create a linkage between affordable and market-rate housing. This has to be one of the key priorities for the next year: San Francisco’s housing stock is way out of balance, and it’s getting worse. The city’s own General Plan mandates that 60 percent of all new housing should be available at below-market-rate prices; the best San Francisco ever gets from the developers of condos for the rich is 20 percent. The supervisors need to enact legislation tying the construction of new market-rate housing to an acceptable minimum level of affordable housing to keep the city from becoming a place where only the very rich can live.

• Demand a good community-benefits agreement from CPMC. The California Pacific Medical Center has a massive new hospital project planned for Van Ness Avenue — and so far, CPMC officials are refusing to provide the housing, transportation and public health mitigations that the city is asking for. This will be a key test of the new Lee administration — the mayor has to demonstrate that he’s willing to play hardball, and refuse to allow the project to move forward unless hospital officials reach agreement with community activists on an acceptable benefits agreement.

• Make CleanEnergySF work. A recent study by the website Energy Self-Reliant States shows that by 2017 — in just five years — the cost of solar energy in San Francisco will drop below the cost of Pacific Gas and Electric Company’s fossil-fuel and nuclear mix. So the city’s new electricity program, CleanEnergySF, needs to be planning now to build out both a large-scale solar infrastructure system and small-scale distributed generation facilities on residential and commercial roofs and set the agenda of offering clean, cheaper energy to everyone in the city. The money from the city’s generation can be used to purchase distribution facilities to phase out PG&E altogether.

• Don’t let Oracle Corp. take over even more of the waterfront. The America’s Cup continues to move forward — but at every step of the way, multibillionaire Oracle CEO Larry Ellison is trying to squeeze the city for more. Mayor Lee has to make it clear: We’ve given one of the richest people in the world vast amounts of valuable real estate already. He doesn’t need a giant TV screen in the Bay or more land swaps or more city benefits. Enough is enough.

There’s plenty more, but even completing part of this list would put the city on the right road forward. Happy new year.

Battling big box

1

news@sfbg.com   

In neighborhood commercial districts, national chains and other formula retail stores such as PETCO, Target, Subway, Walmart, and Starbucks are hot button issues for residents who don’t want to see San Francisco turn into a strip mall or have local money pulled from the community.

Sup. Eric Mar and other city officials want to make sure local small businesses aren’t being unnecessarily hurt by competition from national chains, which is why he called a hearing on Dec. 5 to discuss big box retailers and their impacts on San Francisco’s small businesses, neighborhoods, workers, and economy.

“There is no vehicle to see the impacts of big business on the city,” Mar told us, saying he is contemplating legislation to do just that.

Mar was part of city efforts to keep formula pet stores from locating in the Richmond area, working with a coalition of pet food small businesses concerned about PETCO and Pet Food Express trying to move into the area. But it isn’t just pet stores.

“There is a perception that Walmart might make a move into the city since we already have stores like Fresh n’ Easy,” Mar’s Legislative Aide Nick Pagoulatos told us.

The city doesn’t have a comprehensive analysis on how these companies impact San Francisco. Mar says he wants to “have a clear scale of their influence and see what we need to do to protect small business in San Francisco.”

History of wariness

In 2004, the Board of Supervisors adopted the first Formula Retail Use Control legislation, an ordinance that “prohibited Formula Retail in one district; required Conditional Use Authorization in another; and established notification requirements in all neighborhood commercial districts.”

The Planning Code changed again after a voter ballot initiative in 2007, Proposition G, required any formula retail use in neighborhood commercial districts to obtain a conditional use permit, which gave neighboring businesses a chance to weigh in during a public hearing.

Mar said the intent wasn’t to bar big box retail from entering the city, but to simply give neighborhoods a voice. But now, he said the city needs to take a more comprehensive look at what’s coming and how they will impact the city.

Small Business Commissioner Kathleen Dooley echoed the concern, which extends even beyond city limits. “I’ve heard through the rumor mill that Lowe’s in South San Francisco is going to close and

Walmart is looking to take that space since they know they’d never get into the city,” she told us. “It’s bad enough that Target is opening stores [in San Francisco]. They are the quintessential big box because they sell everything.”

Target is in the process of opening a massive store inside the Metreon in SoMa, and another store at Geary and Masonic. Mar isn’t diametrically opposed to the big box industry, but he thinks those companies should be appropriately situated.

“I’ve seen that people in Richmond are positive toward big box like Target coming into the district, but some are nervous that it will take down business,” he told us. “There are some property spaces that are supposed to be for big box, like the property at Geary and Masonic where the old Sears and Toys”R”Us used to be.”

But it’s not easy to figure out what other big box stores have their sights set on the city. The Planning Department’s list of projects in the pipeline aren’t always filed under the name of the business, making it difficult to stay vigilant.

For example, while application #3710017 at 350 Mission Street describes the project as a “95,000 sq. ft. building of office, retail and accessory uses,” it isn’t clear what businesses are actually setting up shop. And these days, some big box stores are coming in smaller boxes.

Prototype stores such as Unleashed by PETCO are specifically designed to squeeze into smaller property spaces so they can get into neighbor corridors that are typically reserved for small businesses.

More help needed

During the Dec. 5 hearing before the Land Use and Economic Development Committee, Sup. Scott Wiener echoed Mar concerns, commenting that he wants to see how the Planning Commission could “improve the Conditional Use process since we see a pushback of strong neighborhood activity.”

Dooley recalled an issue from 2009 when the Small Business Commission formally asked the Planning Commission not to authorize a PETCO in the Richmond because “the surrounding area was already well served by pet stores.” The board ultimately stopped PETCO, but Pet Food Express did locate a store nearby, which Dooley said has already taken a toll on the locally owned pet food suppliers.

“Big box stores carry a huge number of products that impact other stores,” she said. “Big box is a category killer in the neighborhood…the Planning Commission needs new criteria for formula retail because there are several different types.”

Some superstores require parking lots, taking up additional land, and increasing traffic in certain neighborhoods. Yet one trait that most chain stores have in common is that they extract more money from San Francisco than locally owned businesses, whose revenues tend to circulate locally.

“With every dollar spent at local stores, 65 cents will go back into the community, while only a quarter will be returned from a big box.” Rick Karp, owner of the 50-year-old Cole Hardware, said at the hearing, citing various studies on the issue.

Small business owners are asking for economic impact reports to be included in project applications from chain stores to see just how they measure up to their locally owned counterparts.

When Lowe’s entered his district, Karp says he lost 18 percent of his business and was forced to eliminate six full-time jobs. He appealed to city officials to “keep big box out of San Francisco because it impacts the efficacy of neighborhood shopping.”

Once chain stores puts the locals out of business, the consumer is stuck with set prices and reduced variety. But critics say it isn’t just consumers and small business owners who suffer, but workers as well. They singled out Walmart as notorious for union-busting and poor labor standards.

“We can use our land use ordinances and powers to set a basic minimum labor standard. Big box must abide by that and also include health care if implemented in local government [legislation],” Mar said.

But Steven Pitts, a labor policy specialist at UC Berkeley, told us there is a connection between low prices and low wages.

“People who work at Walmart are poorer than those who shop there,” he told us. “Therefore, if prices were raised to increase wages for employees, the burden wouldn’t be on people of lower income.”
Opposing Walmart

To illustrate how Walmart would adversely affect San Francisco’s workforce, the hearing included two employees of Walmart, Barbara Collins and Ronald Phillips from Placerville, who helped create Organization United for Respect at Walmart (OURWalmart) to push for better benefits and labor standards.

“We want to hold Walmart accountable,” said Collins, whose last annual income from Walmart was $15,000 annually, a salary she realized couldn’t support her four children. “Walmart says they pay living wages. No, they don’t.”

Phillips said that Walmart has “a tendency to fire people for any reason and then does not have to pay for the benefits… I was one of these people, but I was rehired.”

For the past three months, Phillips says she has worked at least six days and 40 hours per week, but that she still qualified for welfare assistance.

Also at the hearing, SF Locally Owned Merchants Alliance unveiled a study showing that formula retail costs nearly as many jobs as it creates. A domino effect occurs when stores close because fewer customers circulate to other nearby stores.

But the group noted that consumer habits are probably even more important than city regulations. The SFLOMA study found that if 10 percent of San Franciscans shifted their spending to locally owned small businesses, consumers would create 1,300 jobs and $190 million in the city.

And that would be good for everyone: owners, consumers, and workers. Steven Cornell, owner of Brownie’s Hardware, said that small business pays good wages, typically above the minimum wage, as well as sick leave, health coverage, and other benefits. As he told the hearing, “Local businesses have been doing this for 20 to 30 years since we are already invested in the community.”

Guardian editorial: City Hall’s 2012 agenda

20

EDITORIAL There’s so much on the to-do list for San Francisco in 2012 that it’s hard to know where to start. This is a city in serious trouble, with unstable finances, a severe housing crisis, increased poverty and extreme wealth, a shrinking middle class, crumbling and unreliable infrastructure, a transportation system that’s a mess, no coherent energy policy — and a history of political stalemate from mayors who have refused to work with progressives on the Board of Supervisors.

Now that Ed Lee has won a four-year term, he and the supervisors need to start taking on some of the major issues — and if the mayor wants to be successful, he needs to realize that he can’t be another Gavin Newsom, or Willie Brown, mayors who were an obstacle  to real reform.

Here are just a few of the things the mayor and the board should put on the agenda for 2012:

+Fill Sup. Ross Mirkarimi’s seat with an economic progressive. This will be one of the first and most telling moves of the new Lee administration — and it’s critical that the mayor appoint a District 5 supervisor who is a credible progressive, someone who supports higher taxes on the rich and better city services for the needy and is independent of Lee’s more dubious political allies.

+Make the local tax code more fair — and bring in some new revenue. Everybody’s talking about changing the payroll tax, which makes sense: Only a small fraction of city businesses even pay the tax (which is not a “job killer” but is far too limited). Sup. David Chiu had a good proposal last year that he abandoned; it called for a gross receipts tax combined with a commercial rent tax — a way to get big landlords and companies (like law firms) that pay no business tax at all to contribute their fair share. That’s a good starting point — but in the end, the city needs more money, and the new system should be set up to bring in at least $100 million more a year.

+Create a linkage between affordable and market-rate housing. This has to be one of the key priorities for the next year: San Francisco’s housing stock is way out of balance, and it getting worse. The city’s own General Plan mandates that 60 percent of all new housing should be available at below-market-rate prices; the best San Francisco ever gets from the developers of condos for the rich is 20 percent. The supervisors need to enact legislation tying the construction of new market-rate housing to an acceptable minimum level of affordable housing to keep the city from becoming a place where only the very rich can live.

+Demand a good community-benefits agreement from CPMC. The California Pacific Medical Center has a massive new hospital project planned for Van Ness Avenue — and so far, CPMC officials are refusing to provide the housing, transportation and public health mitigations that the city is asking for. This will be a key test of the new Lee administration — the mayor has to demonstrate that he’s willing to play hardball, and refuse to allow the project to move forward unless hospital officials reach agreement with community activists on an acceptable benefits agreement.

+Make CleanEnergySF work. A recent study by the website Energy Self-Reliant States shows that by 2017 — in just five years — the cost of solar energy in San Francisco will drop below the cost of Pacific Gas and Electric Company’s fossil-fuel and nuclear mix. So the city’s new electricity program, CleanEnergySF, needs to be planning now to build out both a large-scale solar infrastructure system and small-scale distributed generation facilities on residential and commercial roofs and set the agenda of offering clean, cheaper energy to everyone in the city. The money from the city’s generation can be used to purchase distribution facilities to phase out PG&E altogether.

+Don’t let Oracle Corp. take over even more of the waterfront. The America’s Cup continues to move forward — but at every step of the way, multibillionaire Oracle CEO Larry Ellison is trying to squeeze the city for more. Mayor Lee has to make it clear: We’ve given one of the richest people in the world vast amounts of valuable real estate already. He doesn’t need a giant TV screen in the Bay or more land swaps or more city benefits. Enough is enough.

There’s plenty more, but even completing part of this list would put the city on the right road forward. Happy new year.

 

 

All backed up

0

news@sfbg.com

In February 2004, San Francisco saw an usually strong winter storm. More than an inch and a half of rain fell within 30 minutes, too much to handle for the wastewater system, which in parts of the city is more than 100 years old. In the Mission and Bayview, some homes were flooded with rainwater and raw sewage.

Before adjourning for the year, the Board of Supervisors on Dec. 13 approved payments settling a lawsuit filed in January 2005 by some of the residents affected by the storm. The main plaintiffs in the case were Jane Martin and David Baker, whose home in the Mission district were flooded.

More than 40 individuals and businesses joined the lawsuit as plaintiffs, with San Francisco and its San Francisco Public Utilities Commission (PUC) as the sole defendant in the case. The plaintiffs sued for dangerous conditions of public property, failure to maintain public property, negligence, nuisance, and the trespass of water and sewage onto the plaintiff’s properties.

The settlement totaled $624,930 in compensation for property damage, including $50,000 for Martin and Baker, and many of the other plaintiffs getting around $25,000 each.

“Simply put, the city wasn’t doing proactive maintenance,” Baker told us.

Representatives of the SFPUC are trying to change that. There are currently several projects in the works to address issues with the city’s sewers, including flooding. These include Model Block improvement programs, such as green streetscaping meant to soak up rainfall, and a Sewer System Improvement Program that is in its early stages.

According to SFPUC spokesperson Jean Walsh, the SSIP is meant to tackle a number of issues with the sewer system, including flooding. She listed “seismic reliability issues” and a projected increase in major storms due to climate change as pressing reasons for the plan.

Besides the ancient pipes, the city’s network of storage transport boxes is routinely overloaded. These boxes are underground containers that catch water and hold it until it can be processed through the system and through to water treatment plants. Walsh says that they “surround the city like a moat… When those boxes fill up and all our capacity is full, the system overflows.”

This can cause flooding, especially in low-lying areas of the city and natural creek beds. Precita Creek, which once flowed freely along what is now Cesar Chavez Street, has been a site of overflows and flooding since it was first incorporated into the city’s sewer system in 1878. Nearby Islais Creek has also been diverted into sewers in the flooding-prone area.

The SSIP will have a particular focus on green technology. “One way that we’re going to address the flooding issue is by using low-impact design,” Walsh said. “We’re looking at permeable paving, bio-retention swales, and rainwater harvesting as ways to reuse the rainwater.”

Walsh says that the Model Block program has been a pilot for the SSIP. In May, the city and the Environmental Protective Agency unveiled a new green “streetscape,” part of the Model Block program, on the 1700 block of Newcomb Avenue. Areas of the sidewalk were replaced with permeable pavement, trees and gardens, meant to improve beauty and calm traffic as well as soak up rainwater so that it does not flow directly into the sewer system. In 2010, a similar project was completed on Leland Avenue between Bayshore Boulevard and Cora Street.

Neighborhoods in San Francisco’s southeast, particularly the Mission and Bayview, have been disproportionately affected by problems with the sewer system. Olin Webb, a lifelong Bayview resident and member of the group Bayview Hunters Point Community Advocates, says that sewer improvements are long overdue.

“Whenever it storms, there’s an overflow here,” Webb said. “Every time it rains, you can smell the raw sewage.”

Bayview community organizations have been campaigning for improvement to the sewer system for decades. Webb said some progress has been made in the past few years, including the installation of a pathway at Yosemite Slough Park, part of an effort to restore the wetlands in the area and turn it into a pleasant community space.

Webb was ambivalent about recent improvements. Bayview Hunters Point, like most of San Francisco, has lost much of its African American population during a recent surge in out-migration. According to a 2010 census, San Francisco’s black population has declined by 22.6 percent in the last decade.

“This took too long,” Webb said of the sewer improvement. “I’ve been here 60-something years, my mother worked on this before me. It’s like a joke to me that now everything’s getting fixed up and most of the people can’t enjoy it.”

Residents may still have a to wait for SSIP projects to begin construction. The program will likely span 15-20 years, and is currently in its early stages. “The project is still in design and planning stages,” Walsh said. “It needs to be validated and budgeted. We know it’s going to cost multiple billions of dollars”

Yet Walsh is optimistic that the project will make real change in a sewer system that’s been inadequate for decades. “It’s going to be an impactful project,” she said. “People are going to notice it happening.”

PG&E’s system fails — again

2

EDITORIAL There’s no question that officials from Santa Clara — thrilled to have finalized financing for a new 49ers stadium — were taking full political advantage of the Dec. 19 blackouts at Candlestick Park. There’s no question that the event Mayor Ed Lee called a “national embarrassment” helped guarantee that the team will leave San Francisco after one more season.

But this is about more than football — and the mayor and the supervisors ought to using this latest PG&E screw-up to take a serious look at the company’s reliability and its impact on the city.

This is hardly the first embarrassing PG&E blackout in San Francisco. For the past few years, the private utility’s aging infrastructure has been failing, leaving businesses and residents in the dark. And while PG&E officials are trying to blame the city for the latest snafu, everyone admits that the problem started when a PG&E power line snapped.

Snapping power lines are a dangerous prospect — in this case, nobody was hurt and the arcing electricity didn’t start any fires. But that was largely a matter of luck — the jolt from the broken line lit up TV screens all over the country and if it had happened close to some flammable object (or, worse, some live person), the damage could have been serious.

As it was, millions of people watched San Francisco’s football stadium go dark — twice. The electricians at Candlestick patched things together and the game went on, but the message was clear: PG&E can’t be trusted to keep its equipment in safe, operating condition.

The city of San Bruno is still trying to recover from the natural gas explosion that killed eight people and leveled a neighborhood. And while local and state officials are giving increased scrutiny to PG&E’s underground gas pipes, the electricity system isn’t in much better shape.

Blackouts are more than an embarrassment — they cost the city and its businesses money. And, as the almost certain loss of the 49ers shows, unreliable infrastructure doesn’t help the local business climate. As Santa Clara Mayor Jamie Matthews told the Bay Citizen: “The reason they moved to Santa Clara is the reliability of our services. We have reliability in our electricity system that is unparalleled.”

One reason: Santa Clara has its own municipal power system. Rates are lower, blackouts are unheard of and the equipment is well maintained. Compare that to PG&E, where company executives diverted gas line maintenance money to pay themselves bonuses, and you see why San Francisco, which relies on the private monopoly, has a problem.

The supervisors ought to take this opportunity to hold hearings on the reliability of PG&E’s electric and gas system in the city — looking not just at the Candlestick problem but at the maintenance records, the age of crucial equipment, the company’s replacement plans and the economic impact of a shoddy electrical system. That should be part of Mayor Lee’s investigation, too.

At some point, San Francisco residents are going to have to pay to rebuild this system. They can pay through higher PG&E rates when the utility finally gets around to it — or they can begin the process of creating a municipal utility, which can do the job right, bring down rates and improve the business climate that the mayor so loves to discuss.

Editor’s notes

4

Tredmond@sfbg.com

I’m not good at holidays. When your world is made of deadlines, the holidays are just one more — gotta get the kids presents, gotta get the tree, gotta make plans, gotta do dinner … one more set of hassles. Bah humbug.

And I’ve never been a big fan of New Year’s Eve. Too many people acting like they’ve never been drunk before and will never be drunk again, and everything costs too much. I drink every day; I can miss New Year’s Eve. Party pooper.

So I don’t do my own new year’s resolutions; I do them for other people. This is what I would like everyone else to do in 2012:

I would like the Occupy organizers to put together a massive day of teach-ins and a march on Washington in the spring, to keep the movement alive and bring in a lot more people.

I would like my fellow dog owners to pick up the shit off the sidewalks.

I would like the Department of Parking and Traffic to put up No Left Turn signs on 16th Street at Potrero and Bryant.

I would like Visconti to lower the price on that really cool lava fountain pen.

I would like the transportation whizzes at City Hall to figure out how to put bike lanes on Oak Street so I can ride back from Golden Gate Park as safely as I can ride to the park.

I would like the supervisors to change the rules for Question Time so the mayor doesn’t get all the questions in advance and there’s a chance for real discussion that isn’t stupid and boring.

I would like middle school English teachers in San Francisco to explain to their students that homeless people are not “hobos.”

I would like the Obama Administration to quit hassling pot dispensaries.

I would like the airlines to start serving cocktails before takeoff.

I would like the thriller writers of America to learn how to write decent sex scenes.

I would like Jerry Brown to endorse the initiative to outlaw the death penalty.

I would like everyone in politics to stop saying the words “together” and “shared” since we aren’t together and I don’t want to share with the rich.

Anything else? Happy New Year.

Guardian editorial: PG&E’s system fails again!

37

EDITORIAL There’s no question that officials from Santa Clara — thrilled to have finalized financing for a new 49ers stadium — were taking full political advantage of the Dec. 19 blackouts at Candlestick Park. There’s no question that the event Mayor Ed Lee called a “national embarrassment” helped guarantee that the team will leave San Francisco after one more season.

But this is about more than football — and the mayor and the supervisors ought to be using this latest PG&E screw-up to take a serious look at the company’s reliability and its impact on the city.

This is hardly the first embarrassing PG&E blackout in San Francisco. For the past few years, the private utility’s aging infrastructure has been failing, leaving businesses and residents in the dark. And while PG&E officials are trying to blame the city for the latest snafu, everyone admits that the problem started when a PG&E power line snapped.

Snapping power lines are a dangerous prospect — in this case, nobody was hurt and the arcing electricity didn’t start any fires. But that was largely a matter of luck — the jolt from the broken line lit up TV screens all over the country and if it had happened close to some flammable object (or, worse, some live person), the damage could have been serious.

As it was, millions of people watched San Francisco’s football stadium go dark — twice. The electricians at Candlestick patched things together and the game went on, but the message was clear: PG&E can’t be trusted to keep its equipment in safe, operating condition.

The city of San Bruno is still trying to recover from the natural gas explosion that killed eight people and leveled a neighborhood. And while local and state officials are giving increased scrutiny to PG&E’s underground gas pipes, the electricity system isn’t in much better shape.

Blackouts are more than an embarrassment — they cost the city and its businesses money. And, as the almost certain loss of the 49ers shows, unreliable infrastructure doesn’t help the local business climate. As Santa Clara Mayor Jamie Matthews told the Bay Citizen: “The reason they moved to Santa Clara is the reliability of our services. We have reliability in our electricity system that is unparalleled.”

One reason: Santa Clara has its own municipal power system with a much better service and reliability record than PG&E.  Rates are lower, blackouts are unheard of and the equipment is well maintained. Compare that to PG&E, where company executives diverted gas line maintenance money to pay themselves bonuses, and you see why San Francisco, which relies on the private monopoly, has a problem.

The supervisors ought to take this opportunity to hold hearings on the reliability of PG&E’s electric and gas system in the city — looking not just at the Candlestick problem but at the maintenance records, the age of crucial equipment, the company’s replacement plans, the expensive loss of the city’s Hetch Hetchy power being wheeled on PG&E lines, and the economic impact of a shoddy electrical system.  That should be part of Mayor Lee’s investigation, too.

At some point, San Francisco residents are going to have to pay to rebuild this system. They can pay through higher PG&E rates when the utility finally gets around to it — or they can begin the process of creating a municipal utility, which can do the job right, bring down rates, improve the business climate that the mayor so loves to discuss, and move  the city  into compliance with the federal Raker Act mandating public power for San Francisco.

 

 

Are we green yet?

2

rebeccab@sfbg.com

A contract agreement for San Francisco’s innovative clean energy program, CleanPowerSF, could be approved by the San Francisco Board of Supervisors as soon as January, representing a major milestone for efforts to put the city in the retail electricity business.

CleanPowerSF, which stands out as one of California’s most ambitious community choice aggregation (CCA) municipal energy programs, would offer San Francisco customers the option of powering their homes with 100 percent renewable energy instead of the standard mix of predominantly gas and nuclear-generated power supplied by PG&E.

According to a draft contract introduced at the board, energy would be purchased on the open market by Shell Energy North America and delivered to residential customers, who would pay a modest premium for the service. The first phase would target a narrow customer base, with plans for expansion.

In the long run, the San Francisco Public Utilities Commission (SFPUC) has committed to constructing city-owned wind farms, solar arrays, and combined-heat-and-power systems to generate green power locally, which would ultimately lock in lower electricity rates — but this remains in an early assessment phase. Energy consultant Paul Fenn of Local Power Inc. is conducting the study.

 

HURRY UP AND WAIT?

The fact that a draft contract agreement is under consideration signifies a breakthrough for a program that for years crept along at a snail’s pace, as tension simmered between SFPUC officials and members of the Local Agency Formation Commission (LAFCo), the body overseeing CleanPowerSF implementation.

“We have been waiting for this for so many years,” remarked Sup. David Campos, who chairs LAFCo. “We pushed the [SFPUC] really hard.”

Yet longtime advocates of San Francisco’s CCA, like Eric Brooks and other environmentalists affiliated with the Local Clean Energy Alliance, worry that CleanPowerSF will never hit its stride because it won’t be accessible to customers who want to go green but can’t afford the higher price tag. In an ironic twist, he and others who previously excoriated the SFPUC for its sluggish progress are now urging the lead agency to pause instead of steamrolling ahead.

“We did not want things to go the way they did,” Brooks said. “We’re saying, you should not finalize the contract with Shell until we have the build-out information. It enables us to get better rates,” he added. With detailed, shovel-ready plans in place, Brooks said, arrangements with Shell could hinge on plans for city-owned generation.

Early plans for city-generated power call for enough projects and retrofits to account for 360 megawatts of efficient and renewable energy capacity, including 31 MW of solar panels and 150 MW from a wind farm, plus a combination of weatherization and other efficiency measures. The Local Clean Energy Alliance estimates that more than 1,000 jobs associated with these projects could be created within the first three years.

SFPUC officials and Campos remain unconvinced that it’s a good idea to hold off on finalizing the Shell contract.

“We’re all kind of moving toward the same goal,” SFPUC spokesperson Charles Sheehan said. “If we wait a year or two years, you don’t know what’s going to happen in the future. We have to seize the moment.”

Campos and Sheehan both said advocates’ concerns would be addressed by a contract provision allowing the city to swap green power purchased by Shell with green power produced locally, once the electricity becomes available. The SFPUC also agreed to a provision committing to the build-out program, on a separate track from the Shell contract.

“We’re not going to be able to [start building] unless we have the customer base to begin with,” Campos pointed out. “I have a different perspective in terms of why it’s important to move forward,” he acknowledged, but said he was looking forward to a “healthy debate” at the board.

For all its complications, CleanPowerSF is a quintessential example of that progressive adage “think globally, act locally.” In early November, the International Energy Agency issued a warning calling for dramatic changes in power generation. With so many coal-fired power plants under construction worldwide, the agency noted, the opportunity to avert the worst impacts of global climate change will have passed completely by 2017.

 

ULTRA GREEN, FOR A FEE

San Franciscans will be able to reduce personal energy usage and perhaps shed some consumer guilt by participating in the CCA program. Under the plan, Shell will purchase electricity from carbon-free sources and sell it to the SFPUC for distribution to CleanPowerSF customers. The shift will green the power mix on the grid while sending market signals that the demand for renewable power is on the rise.

At the start of the program, which the SFPUC pegs as July or August of 2012, up to 270,000 residential customers will be automatically enrolled. Targeted customers will also receive notices asking them to choose whether to stay with the program, or opt out and continue receiving power from PG&E.

Exact rates won’t be hammered down until February or March of 2012, but preliminary estimates suggest most customers will pay roughly $7 a month more for the green power, though a few (those who use a lot of electricity) could wind up paying as much as $50 more.

The price tag could prove to be a tough sell, even in affluent San Francisco. “We’ve done extensive market research,” explained Sheehan. “And we have taken into account PG&E’s opposition campaign,” an all-but-guaranteed response to the program which the utility giant unleashed in full force when neighboring Marin County undertook its own CCA.

Based on the research, “We are forecasting a two-thirds opt-out rate,” Sheehan explained. Initially, this means only around 10 percent of San Francisco residents — a population likely limited to those in higher income brackets — are expected to enroll. From there, new rounds of enrollment and opt-out noticing would follow.

The draft contract includes a $19.5 million appropriation, which includes operating reserves plus a $15 million escrow account. That’s the maximum payout Shell could receive if the city terminated the contract before the agreed-upon date and left the company stuck with unused power.

“It’s one way of showing we have some skin in the game,” Sheehan explained. Shell would only be eligible for $15 million at the start of the 4.5 year contract, he added, and even then it would only take effect if Shell was forced to sell the excess power at a lower price than it paid.

The Shell contract cannot go into effect until several steps have been accomplished. First, the board must give its stamp of approval for the contract and the $19.5 million appropriation. The SFPUC must then finalize program rates.

The SFPUC is also awaiting a ruling from the California Public Utilities Commission (CPUC) determining a bond amount required for all CCA programs. The bond is “kind of a mechanism to make PG&E whole, if in the very unlikely circumstance, this program would cease,” and PG&E had to absorb all CCA customers immediately, Sheehan explained. He said a ruling is expected in February.

The plan to offer ultra green power at a higher price is a departure from the original program goals, which were to offer greener-than-average power at or below PG&E electricity rates. That concept was jettisoned after SFPUC staff determined the objective wouldn’t pencil out in the short term.

Whether or not the supervisors will sign off on the contract as it stands remains to be seen, though Sheehan was optimistic. Campos said it would be important to educate members of the board of supervisors and the public about the program. “It’s going to be investment that’s going to pay for itself,” he said, “many years down the road.”

The unlikely sheriff

1

Michael Hennessey has served as San Francisco’s sheriff for half of his life, the longest such career in California history — and by all accounts the most progressive. Since taking office in 1980, Hennessey has been an island of liberal enlightenment in a political climate and law enforcement culture where tough-talking conservatism has been ascendant.

Yet in that era, Hennessey pioneered the creation of innovative programs to compassionately deal with drug abuse, violence, recidivism, and lack of education among jail inmates. He proactively brought unprecedented numbers of minorities, women, LGBT employees, and ex-convicts onto his staff. And he sometimes resisted carrying out evictions or honoring federal immigration hold orders, bold and risky social-justice stands.

His stances drew scorn from the local law enforcement community, which never endorsed him in contested elections, and criticism from political moderates and national media outlets. But San Francisco voters reelected him again and again, until he finally decided to retire as his current term ends next month.

He credits his success and longevity to the people of San Francisco, who have also bucked the harsh national attitude toward criminals and the poor. “San Francisco is still largely a liberal voting town,” he told us in his well-worn office at City Hall, “and not many liberals run for sheriff.”

That logic held up in this year’s election when progressive Sup. Ross Mirkarimi — Hennessey’s hand-picked successor — was elected to the post. Mirkarimi, who led a tribute to Hennessey at the Dec. 13 Board of Supervisors meeting, said he’s honored to be able to continue the legacy of someone he called “the most innovative sheriff in the United States.”

 

LONG RECORD

Hennessey was a 32-year-old Prisoner Legal Services attorney for the Sheriff’s Department in 1979 as he watched then-Sheriff Eugene Brown letting go of reform-minded staffers and ending his predecessor Dick Hongisto’s early experiment with a school in the jail. So Hennessey quit his job and focused on running for the office.

“I said to myself that I’m not sure if I’ll be a good sheriff or not, but I know I’m better than anyone else running,” he told us, later adding, “I certainly never expected to be sheriff for 32 years.”

Rank-and-file deputies — with whom Hennessey has periodically clashed throughout his career — always preferred one of their own in the job. “As seen in this election, they would like to see someone coming from their ranks,” said Hennessey, even though he notes that at this point, he has hired all but three of the department’s nearly 1,000 employees.

But Hennessey’s outsider status allowed him to deal with the inmate population in a way that the average San Franciscan appreciated, even if the average cop didn’t. “When you’re in law enforcement, all you see are criminals, victims, and people in law enforcement. But I would talk to all kinds of people in the community,” Hennessey said, noting that his experience as a jailhouse attorney gave him a holistic view of his job. “I worked in the jail and I got to know prisoners as people.”

They were people who had certain needs and problems, such as substance abuse, a common problem among criminals. And they were people who would be returning to society at some point, as Hennessey constantly reminded those who expected prisoners to be treated harshly or simply warehoused.

So he broke down the wall between the jail and the community, bringing the city’s social service providers and educators to work programs in the jails, and developing anti-recidivism and vocational programs that allowed ex-offenders to re-engage with the local community.

“Take the bold step of inviting the public in, not all the public, but those who can provide services and help address people’s problems,” Hennessey said. “Then we took the same concept and applied it to violent offenders, which is a little riskier.”

But it was a risk that has paid off as recidivism rates among jail inmates has dropped, and it’s been without any serious cases of inmates harming outsiders. Hennessey is particularly proud of the high school he created in the jail, which will graduate its next class on Jan. 3.

He said the school can truly transform those who end up behind bars. “It gives them a leg up and it’s like a booster shot,” Hennessey said. “They’re at the lowest point in their lives when the come to jail, and then they’re given an opportunity to accomplish something they haven’t been able to on the outside.”

One of many controversial moves during Hennessey’s storied career was his decision to allow female inmates to leave the jails and perform in theaters around San Francisco with the Medea Project, which was created by Rhodessa Jones and the Culture Odyssey art collective to turn the stories of female inmates into plays.

“Rhodessa is a very persuasive person who talked me into letting these women out of jail to perform,” Hennessey said, smiling at the memory. “It was very controversial.”

 

HIRING REFORMERS

Hennessey’s mentor in the Sheriff’s Department — the man who hired him, ran his first campaign, and then became his longtime chief-of-staff — was the late Ray Towbis, a tough activist whose social justice stands on behalf of tenants, prisoners, and other marginalized members of society would sometimes put Hennessey into difficult positions.

“Ray caused me aggravation many times,” said Hennessey, who nonetheless kept a life-sized cutout photo of Towbis in his office long after he was gone, a reminder to fight for the values he believed in.

There was the time when Towbis angrily flipped over a table and cursed at a panel of parole commissioners after failing to win the release of a model inmate, triggering a demand from the presiding judge that Hennessey fire Towbis, which the sheriff ignored.

Later, Towbis adopted a compassionate approach to the evictions that sheriff’s deputies are forced to perform, allowing deputies to spare tenants who were disabled or elderly and personally calling journalists to help publicize cases in which the parties bringing the eviction action might back off. That sensitivity stays with Hennessey today.

“That’s one of the tough spots I’m in is doing these foreclosure evictions,” Hennessey said, clearly troubled by his duty but also aware that it is one that he is required to perform, despite pressure from progressive groups urging him to refuse to carry them out.

As a lawyer, Hennessey said he must respect court orders and avoid being held in contempt of court, as Hongisto was in the mid-1970s for refusing to carry out evictions against tenants in the International Hotel.

Hennessey and his staff have always been willing to help tenants resist eviction. His office has an eviction assistance program, and Towbis would sometimes tip off the media to publicize certain unjust evictions. One time, Hennessey said Towbis even called hotel magnate Leona Helmsley and talked her out of allowing her company to evict an elderly ParkMerced resident. Instead, Helmsley allowed the woman to live rent-free for the rest of her life, an unlikely gesture of kindness from the “queen of mean” that Towbis helped publicize.

Hennessey draws the line at outright refusal to carry out a judge’s eviction order. “The sheriff shouldn’t be a law-breaker,” he says. Yet Hennessey’s lawyerly approach to complex issues also resulted in his recent policy of not honoring federal detention holds on undocumented immigrants in the jail, after discovering that the holds are administrative — different than arrest warrants — so defying them isn’t a crime.

The policy Hennessey created last year was to ignore ICE requests for prisoners who aren’t charged with felonies or domestic violence charges, noting that the latter charges are often brought but eventually dropped against people who are the victims of domestic violence.

Hennessey tapped federal and foundation grant money to fund his new treatment and educational programs, hiring an ex-convict to write his grant proposals, something that particularly irked many of his deputies.

But Hennessey believed that ex-offenders had something to offer the department so he didn’t back down in hiring them, going so far as to elevate Michael Marcum, who had gone to prison for killing his own abusive father, to the top position of undersheriff in 1993.

Police groups were outraged, but Hennessey said he had known Marcum for many years and valued his counsel and perspective on the criminal justice system. “It wasn’t hard because I knew him and I know of his integrity and loyalty,” Hennessey said.

Hennessy also irked conservative cop culture for aggressive efforts to make the department more diverse. “We wanted more minorities, we wanted more women, and we wanted gay people,” said Hennessey, who initiated outreach efforts to each of those communities.

In 1984, when he approved of an outreach event in Chaps, a gay leather bar in the Castro — complete with flyers around the Castro publicizing the event — it generated a furor that made headlines not just locally in the San Francisco Chronicle, but the National Enquirer tabloid as well.

Yet Hennessey was able to ride out each of the controversies, many of which happened to fall years away from his next reelection campaign. “Those are good times to make dramatic changes,” Hennessey said.

And because he also saw to some neglected basics in the Sheriff’s Department — such as improving training and the jails’ physical structures to prevent escapes and instituting policies to reduce violence between inmates and guards — Hennessey endured and became a beloved sheriff.

 

VICTORY OF PERSISTENCE

“I’ve always felt somewhat isolated in these beliefs,” said Hennessey, who said that the biggest failure of his career was not proselytizing those beliefs to a statewide and national audience more aggressively. Instead, he has focused on San Francisco, quietly turning the city into a national model for a different kind of policing.

Despite his progressive record, Hennessey has won plaudits and respect from across the political spectrum. In the last election, even the cops who sought to replace him and to undermine his endorsement of Mirkarimi — Chris Cunnie, Paul Miyamoto, and David Wong — all praised Hennessey and promised to continue his programs.

During the Dec. 13 board meeting, Sup. Mark Farrell — consistently one of the most conservative votes on the board — said he has known Hennessey almost his entire life (the sheriff and Farrell’s dad were law school classmates). “I cannot think of anyone with more integrity, a more trustworthy and honest person, than I’ve ever know in my life,” Farrell said.

Sup. David Campos said the immigrant community owes Hennessey a tremendous debt of gratitude. “You have been a tremendous champion for civil rights,” Campos said. “For that, history will judge you very kindly.”

It is a history that Mirkarimi pledges to continue. “Who’s going to fill his shoes? It’s impossible,” Mirkarimi said at the board meeting. “But we certainly have an incredible standard to try to live up to.”

As for Hennessey, he has a fairly clear idea of what he plans to do now that his long and unlikely run as one of the city’s top cops is over: “I’m going to goof around.” *

Small town values

0

caitlin@sfbg.com

HERBWISE When we arranged to meet Fairfax (population 7,500) councilperson Larry Bragman, he suggested a rendezvous at “the coffeeshop.” When asked to be more specific, he clarified he meant Fairfax Coffee Roastery. “But you’ll see it, it’s right there.”

Bragman is a San Francisco-educated attorney who began coming to the small Marin County town decades ago. He’s been on town council — whose members pass around the title of mayor every year — since 2003. He was mayor in November, when the four-member council passed Resolution No. 11-58.

Bragman’s voice clogs a little with emotion when asked why the resolution was passed. “I don’t understand how you can justify a policy that denies help for patients that are going through that kind of hardship and suffering.”

The only medical marijuana dispensary in Fairfax, which is located in the county with the breast cancer rate in women is nearly 50 percent — closed its doors last weekend. The Department of Justice’s Melinda Haag sent a letter to the Marin Alliance for Medical Marijuana’s landlord, the likes of which are all too familiar to the medical cannabis industry nowadays.

The dispensary was located in a school zone. Landlord Fred Ezazi had 45 days to evict the dispensary, it said, or he would face up to 45 years in prison or civil forfeiture. (See 12/14/11’s Herbwise column “For the kids?” about an SF dispensary that received a similar notice)

“It feels like a violation,” says Bragman when asked how it feels to be a small town politician being railroaded by federal agencies. Resolution No. 11-58 supports the Alliance and other California dispensaries’ right to continue business. San Francisco’s Board of Supervisors passed a similar resolution in October.

Bragman insists that the policies his city developed to regulate the Alliance were exemplary. When the dispensary was founded by longtime marijuana activist Lynette Shaw shortly after Proposition 215 passed, Fairfax “had the foresight and courage to create the first use permit in the state of California [for a marijuana dispensary],” says Bragman. When called for comment, the city’s finance director Michael Vivrette said the Alliance was one of the top ten sales tax contributors in a town struggling with budgetary woes.

Later, we walk the three blocks to the Alliance, which is (was) located on a quiet street next to a Little League field in a non-descript office building. You have to walk up a flight of stairs and peer inside its windows to even know what it is.

A few despondent marijuana patients lingered in the waiting room, sadfaced and bewildered that the space would soon be gone. “I thought that a press blackout meant that we wouldn’t talk to press,” a woman spits at me when I ask the man at the front desk when they would be closing. It was hard to be frustrated with her truculence.

Bragman went so far as to call Haag to try to reason with her letter’s logic. “I said ‘you’re going to encourage the black market traffickers which we all know are a threat to the community. It’s unbelievable. It’s just so stupid.”

Correction: An earlier version of this article identified the Marin Alliance for Medical Marijuana as Marin County’s only cannabis dispensary. It is not, and we regret the error

Making CleanPowerSF work

4

EDITORIAL The way the San Francisco Chronicle describes it, the city’s new green power program “won’t come cheap.” That’s a line that Pacific Gas and Electric Co. will use over and over again in the next few months as the city finally prepares to get into the retail electricity business, 98 years after Congress mandated public power for San Francisco. Clean Power SF will offer 100 percent clean energy — and yes, right now, this spring, it will cost a little bit more than buying nuclear and coal power from PG&E.

But that price differential will change dramatically in the next few years — if the city goes forward not just with buying and aggregating power from the commercial market but developing renewable energy on its own.

That’s the key to the future of CleanPowerSF — and as a proposed contract to get the system up and running comes to the Board of Supervisors, the need for a city build-out of at least 210 megawatts of energy generation capacity is, and must be, an essential part of the plan.

The fact that the city, at long last, is moving toward implementing this program is a testament to the work of Sup. Ross Mirkarimi, who pushed it for years, and Sup. David Campos, who more recently took over the lead role. Both deserve immense credit for their work.

As Rebecca Bowe reports in this week’s issue, there’s some disagreement about the contract proposed by the San Francisco Public Utilities Commission. The deal with Shell Energy North America would have the energy giant buy green power wherever it can, deliver it to San Francisco customers along PG&E’s lines — and charge enough to pay for the power and overhead expenses. That, initial reports say, could raise the bill of an average customer somewhere between $7 and $50 a month, depending on use. For most residential customers, the increase is going to be on the low end.

The problem is that the PUC estimates from the start that two-thirds of the potential customers will drop out of the program and stick with PG&E. That’s an abysmal projection, reflecting in part the PUC’s long reluctance to take the program seriously, in part a failure to plan an aggressive marketing campaign — and in part the lack of a long-term vision for the program.

The bottom line is simple: As long as the city is buying energy from somebody else, there are going to be problems. Right now, renewable energy demand exceeds supply, so prices are high. That’s going to fluctuate over the next decade.

But it’s entirely possible for the city to build its own renewable infrastructure and generate power that will beat PG&E’s prices in the short-term future — and will be far, far less expensive a decade down the road. Clean Power SF will never work to its full potential unless the city owns a significant part of the generation system. (Ultimately, the city will never see the full economic benefits of public power until it buys out PG&E or builds its own delivery system.)

The PUC included — at the demand of public-power advocates — a clause in the contract stating that a city build-out was part of the plan. The proposal before the board only includes the contract with Shell — but the final deal should include specific plans for how much local power will be generated, how it will be funded — and how it will ultimately replace the power Shell is providing. The city should start right now looking for sites (there’s lots of surplus city land) and seeking bids for construction, and if the PUC can’t come up with enough revenue-bonding money, the board should put a comprehensive clean energy bond on the November ballot.

The Local Clean Energy Alliance estimates that building 210 megawatts of clean power in San Francisco would generate nearly 1,000 direct jobs and as many as 4,300 indirect jobs. That sort of program would be a boost to the economy and guarantee the city stable energy sources for the future. And it would allow the PUC to market Clean Power SF not as a plan that will cost consumers more today — but as a plan that the city can all-but guarantee will save you money, substantial amounts of money, over the next 10 years.