Supervisors

The District 8 dilemma

13

tredmond@sfbg.com

Gabriel Haaland, a longtime queer labor activist, was talking to a friend from District 8 the other day, chatting about the race for a supervisor to fill the shoes of Harvey Milk, Harry Britt, Mark Leno, and Bevan Dufty. “She told me that she didn’t know who to vote for,” Haaland said, “because she didn’t know who the progressive was in the race.”

For supporters of Rafael Mandelman, that’s a serious challenge. “The polls are very consistent,” Haaland said. “Most of the voters in D-8 would prefer a progressive over a moderate, and when they know who the progressive is, they support that candidate.”

But oddly enough, although District 8 — the Castro, Noe Valley, and parts of the Mission — is one of the most politically active parts of the city, where voter turnout is consistently high, the supervisorial race is getting only limited media attention. The neighborhood and queer papers are doing a good job of covering the race, but for the rest of the media, it’s as if nothing’s happening. And that’s left voters confused about what ought to be a very clear choice.

The San Francisco Chronicle featured the District 6 race on the front page Sept. 19, with a long story about how demographic changes in the South of Market area would affect the successor to Sup. Chris Daly. District 10, with the mad political scrum of 22 candidates, no clear front runner and endorsements all over the map, has received considerable media attention.

Yet D–8 — which offers by far the most striking distinctions between candidates and the sharpest divisions over issues — has been flying under the radar.

Three major candidates are in the race, two gay men and a lesbian. All of them, for what it’s worth, are lawyers. Rafael Mandelman, who works for a firm that advises cities and counties, has the support of the vast majority of progressive leaders and organizations. Rebecca Prozan, a deputy district attorney, and Scott Wiener, a deputy city attorney, are very much on the moderate-centrist (some would say, by San Francisco standards, conservative) side of the political spectrum.

“As Barbara Boxer has said in her ads, the choice is clear,” Aaron Peskin, chair of the local Democratic Party and a Mandelman backer, told us. “Not to exaggerate, but this is like Boxer v. Carly Fiornia, and Rafael is our Boxer.”

Yet by almost all accounts, Wiener is ahead in the race.

 

ON THE ISSUES

The San Francisco Board of Supervisors has been roughly divided in the past decade between the progressive camp and moderate camp. And while those labels are hard to define (the Chronicle won’t even use the term “progressive,” preferring “ultraliberal”), most observers have a basic grip on the differences.

The moderates, who tend to support Mayor Gavin Newsom, are social liberals but fiscal conservatives. They talk about the city surviving budget red ink without major tax increases. They talk about controlling government spending and increasing public safety. The progressives generally see local government as underfunded after four years of brutal cuts and support the idea of raising new revenue to fill the gap. They support tenants over landlords, seek stronger protections for affordable housing, support Sanctuary City, and oppose sit-lie.

Certainly with Wiener and Mandelman, it’s abundantly clear where the candidates fall. The two agree on some things (they both oppose Prop. B, the pension-reform measure that would reduce health care payments for the children of city employees) and they both support nightlife. But overall, they take very different political stands.

Wiener told us, for example, that the city’s structural budget problems won’t be solved without cuts. “We’re not going to able to tax our way out of this,” he said in an endorsement interview. “We have to lower our expectations for government.”

Other than Muni, public safety, and core public health services, cuts “will have to be across the board,” he said. “What are the things we really can’t do without?”

Wiener supports the sit-lie proposal, saying that he doesn’t think the local police have the tools they need to get poorly behaving people off the streets. He doesn’t support Sup. Ross Mirkarimi’s measure mandating foot patrols because, he told us, he doesn’t think the supervisors should micromanage the Police Department.

Sup. Bevan Dufty, who currently holds the D–8 seat, has voted with the progressives occasionally — but almost never on tenant issues. And Wiener, who has the support of the rabidly anti-tenant Small Property Owners of San Francisco, is likely to follow that approach. Although he told us he supports rent control (which just about everyone in local politics agrees on at this point), he’s not a fan of additional protections against evictions and condo conversions. “I’m not prepared to go beyond what we have now” on eviction protections, he said. He supported Newsom’s plan to allow people to buy their way out of the waiting list and lottery for condo conversions.

And when it comes to public power, he’s to the right of the incumbent: Dufty has said repeatedly that he supports the city taking over Pacific Gas and Electric Co.’s infrastructure and putting the city in control of a full-scale public power system. Wiener says he supports community choice aggregation (CCA), but not full-scale public power.

Mandelman is a big supporter of local government and says, without hesitation, that the city needs more revenue. “The public sector is dramatically underfunded,” he told us in a recent interview. “There’s great wealth in the city and it needs to be tapped to preserve public services.” Mandelman said he’s not “tax happy,” but told us that the structure of how the city raises revenue is a mess. He supports a top-to-bottom review of the city’s revenue base with the goal of making taxation more progressive — and bringing in enough money to fund crucial services.

Mandelman is a foe of sit-lie, which he sees as punitive and ineffective. He opposes gang injunctions and supports Sanctuary City. And he’s a strong advocate for tenants, supporting stronger eviction protections and limits on condo conversions that take away affordable rental stock.

“You have to look at the candidates and ask what their priorities are,” he said. “Are the displacement of long-time residents critically important or something that’s not on the top of the list? Do you believe we need to rebuild the safety net? Or is queer politics all about property values?”

Prozan told us that she’s the one who can “bring the two sides together” and said that, like Dufty, she is “right up the middle.” She supports the hotel tax and the vehicle license fee and opposes sit-lie, but also thinks gang injunctions are a useful tool for law enforcement. She doesn’t see any reason to split appointments between the mayor and the supervisors for the board that oversees Muni or the Redevelopment Agency. She doesn’t think the city can or should do anything more about the conversion of rental property to tenancies in common, but supports the idea of taking over foreclosed properties to create housing for teachers, cops, and firefighters. So it’s safe to say the Prozan would probably be similar to the incumbent — with the progressives on a few things, against them on others.

 

UNDER THE RADAR?

Wiener and Mandelman agree on two basic points: there are stark differences between the candidates — and the city’s major media outlets aren’t paying enough attention. That’s probably because the relatively tame politics doesn’t compare to the sort of wild excitement you see in Districts 6 and 10.

“There’s less chaos than some of the other districts,” Wiener said. “The three major candidates are all hard-working, respected people who have all lived in the district a while.”

He also agreed that he and Mandelman have “very different visions” for the district and the city, and that there are sharp contrasts and divisions between the two candidates.

Prozan also argued that the political differences on issues aren’t going to be the only — or even the deciding — factor for many voters. “I think they’re looking for who’s got the courage and independence to do what’s right,” she told us.

But Mandelman told us there’s a crucial story here that needs to be told: “It’s a definitional fight about what the queer community is about in 2010. As goes D–8, so goes San Francisco.”

Subpoena PG&E’s maps

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EDITORIAL If you’re worried about the safety of the natural gas mains running below San Francisco — and you should be — you might take a look at a city on the Peninsula, one about 22 miles south of the site of the gas explosion in San Bruno. Since 1927, the city of Palo Alto has been running its own gas and electric utility — and instead of worrying about pipelines blowing up, the city recently won an award for safety.

Palo Alto workers inspected every inch of every gas pipe in 2009, and the steel pipes are replaced every 37 years — well ahead of the rated lifetime of the material. Oh, and by the way: gas and electricity are way cheaper in Palo Alto.

Pacific Gas and Electric Co., the private utility that operates most of the pipelines underneath northern California, has a different approach. In the past, the company has been nailed for diverting ratepayer money from public safety and maintenance into executive salaries and profits. And the backlog of deferred pipeline maintenance (despite the fact that the company has been given rate hikes to pay for replacing old pipes) suggests that the pattern may be continuing.

That’s yet another in the long line of reasons why San Francisco needs to replace the incompetent, bloated private company with a public utility system.

It’s also the reason the city needs to be moving on every front to find out exactly where all of PG&E’s hazardous infrastructure is.

PG&E, as we report in this issue, doesn’t want anyone to know where the dangerous, aging gas mains run. Even the San Francisco Fire Department doesn’t have the map. So if a fire breaks out a few feet away from a gas line that could explode at any minute, the first responders have no way to know. That’s just crazy.

We’ve managed to piece together, from existing public records, a pretty good approximation of the secret PG&E map (see page 12), and it shows that some of the gas mains run right below densely populated urban neighborhoods. The company acknowledges that more than 200 miles of pipes in the city are due for replacement — but won’t release the maintenance schedule or any information about when the various pipes are in line for upgrades.

That’s an issue of basic public safety — and city officials shouldn’t tolerate it for another moment.

PG&E says it’s concerned about threats to the pipelines — but the real threat is to the public. If the residents of San Bruno who had been smelling gas — and San Bruno police and firefighters — knew that there was a 50-year-old pipeline carrying gas at 200 pounds per square inch underneath the residential area, they might have ordered an evacuation. That would have saved lives.

The California Public Utilities Commission can probably order PG&E to release its maps of all of its gas mains in the state, but the CPUC has never been terrribly good at regulating the utility and can’t be counted on here. So the San Francisco mayor, Board of Supervisors, and city attorney need to act.

The board should, of course, pass Sup. Ross Mirkarimi’s resolution calling on PG&E to cooperate with city officials on timely disclosure of the information. But the supervisors should be prepared to go further. They have the legal right to issue subpoenas, and if PG&E doesn’t at least give the relevant maps to the Fire Department, the board should demand that PG&E’s chief executive, Peter Darbee, show up at a public hearing and produce it. City Attorney Dennis Herrera also has the power, under limited circumstances, to issue subpoenas — and this certainly seems to qualify.

Meanwhile, the board should begin to hold hearings on the larger issue — could San Francisco run its own electric utility and a natural gas system too? Or should we just trust our safety to a company that can’t seem to find a gas leak that blew up an entire neighborhood?

Subpoena PG&E’s maps

1

EDITORIAL If you’re worried about the safety of the natural gas mains running below San Francisco — and you should be — you might take a look at a city on the Peninsula, one about 22 miles south of the site of the gas explosion in San Bruno. Since 1927, the city of Palo Alto has been running its own gas and electric utility — and instead of worrying about pipelines blowing up, the city recently won an award for safety.

Palo Alto workers inspected every inch of every gas pipe in 2009, and the steel pipes are replaced every 37 years — well ahead of the rated lifetime of the material. Oh, and by the way: gas and electricity are way cheaper in Palo Alto.

Pacific Gas and Electric Co., the private utility that operates most of the pipelines underneath northern California, has a different approach. In the past, the company has been nailed for diverting ratepayer money from public safety and maintenance into executive salaries and profits. And the backlog of deferred pipeline maintenance (despite the fact that the company has been given rate hikes to pay for replacing old pipes) suggests that the pattern may be continuing.

That’s yet another in the long line of reasons why San Francisco needs to replace the incompetent, bloated private company with a public utility system.

It’s also the reason the city needs to be moving on every front to find out exactly where all of PG&E’s hazardous infrastructure is.

PG&E, as we report in this issue, doesn’t want anyone to know where the dangerous, aging gas mains run. Even the San Francisco Fire Department doesn’t have the map. So if a fire breaks out a few feet away from a gas line that could explode at any minute, the first responders have no way to know. That’s just crazy.

We’ve managed to piece together, from existing public records, a pretty good approximation of the secret PG&E map (see here), and it shows that some of the gas mains run right below densely populated urban neighborhoods. The company acknowledges that more than 200 miles of pipes in the city are due for replacement — but won’t release the maintenance schedule or any information about when the various pipes are in line for upgrades.

That’s an issue of basic public safety — and city officials shouldn’t tolerate it for another moment.

PG&E says it’s concerned about threats to the pipelines — but the real threat is to the public. If the residents of San Bruno who had been smelling gas — and San Bruno police and firefighters — knew that there was a 50-year-old pipeline carrying gas at 200 pounds per square inch underneath the residential area, they might have ordered an evacuation. That would have saved lives.

The California Public Utilities Commission can probably order PG&E to release its maps of all of its gas mains in the state, but the CPUC has never been terrribly good at regulating the utility and can’t be counted on here. So the San Francisco mayor, Board of Supervisors, and city attorney need to act.

The board should, of course, pass Sup. Ross Mirkarimi’s resolution calling on PG&E to cooperate with city officials on timely disclosure of the information. But the supervisors should be prepared to go further. They have the legal right to issue subpoenas, and if PG&E doesn’t at least give the relevant maps to the Fire Department, the board should demand that PG&E’s chief executive, Peter Darbee, show up at a public hearing and produce it. City Attorney Dennis Herrera also has the power, under limited circumstances, to issue subpoenas — and this certainly seems to qualify.

Meanwhile, the board should begin to hold hearings on the larger issue — could San Francisco run its own electric utility and a natural gas system too? Or should we just trust our safety to a company that can’t seem to find a gas leak that blew up an entire neighborhood?

Plan C endorses Sweet and Moss in D10

2

Plan C, a group that promotes condo conversions and rails against tenant protections, claims to be working hard to elect “moderate candidates” to the Board this fall.


And now the group has invited its members to meet Plan C’s “endorsed candidates” on October 4 at St. Mary’s Cathedral on Gough Street.

The winners, according to Plan C’s website, are Mark Farrell in D2, Theresa Sparks in D6, Scott Wiener in D8 –and Lynette Sweet & Steve Moss in D10.

No big surprises here.

But candidates in the district elections might want to note that Plan C’s slate met with limited success in 2008: the group endorsed Sue Lee in D1, Joe Alioto Jr in D3, Eva Royale in D 9 and Ahsha Safai in D11, and none of these “moderate” political hopefuls made it into office.

In fact, the only folks on Plan C’s 2008 slate who actually won were incumbent supervisors: D4’s Carmen Chu and D7’s Sean Elsbernd.
Hey, maybe that explains why Sweet is trying to act like the incumbent in D10 and refusing to give interviews before she’s even been elected…

 

Trash war hits Chamber of Commerce lunch

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The San Francisco Chamber of Commerce is hosting a lunch with Recology today in an apparent effort to push a garbage transportation/disposal contract that the Board of Supervisors hasn’t yet approved.

The Guardian wrote about this ongoing landfill disposal contract dispute between Recology and Waste Management earlier this year, and to date, the Board has not voted on the matter.

But judging from the tone of the following press release, the Chamber, whose incoming chair elect is Recology Vice President John Legnitto, has already made its decision:

“Please join us for a lunch with Recology to learn about the San Francisco’s garbage by Green Rail to Ostrom Road project,” the Chamber states, noting that until the city’s goal of zero waste is reached, “some material will still need to be sent to landfill.”
“A panel of city officials from San Francisco and Oakland chose Recology Ostrom Road Landfill to receive garbage from San Francisco after the city’s current landfill agreement ends in 2015,” the Chamber continues, without bothering to note that this plan involves hauling the city’s waste all the way to Yuba County, which is three times further away than San Francisco’s current waste disposal contract with Waste Management at the Altamont Landfill, near Livermore.

“Officials say the plan to ship San Francisco’s garbage by Green Rail to Ostrom Road is the most cost-effective and environmental option for transporting waste,” the Chamber continues.  “Rail haul is at least three times more efficient than trucking, takes trucks off the road, and cuts fuel consumption and air emissions.” And it encourages folks to learn more about the plan to ship the city’s garbage to Ostrom Road, by visiting Recology’s Ostrom Road site:

Not to be outdone, Waste Management, Inc.has put together a video clip that features on-the-street interviews in downtown San Francisco with local residents–including an amazing “Statue Man” in Justin Herman Plaza– about its competing plan to convert San Francisco’s garbage into liquid natural gas that would then fuels its garbage trucks.

Meanwhile, the Sierra Club has asked the Board of Supervisors to schedule a public hearing. In a September 17 email, sent to Board President David Chiu and the rest of the Board, Rebecca Evans, chair of the Sierra Club’s San Francisco Group, requested that the Board hold a public information hearing on the current status of the City’s contract for landfill operations, starting in 2015.  

“Some months ago, the Department of the Environment ‘selected’ Recology’s proposal to transport San Francisco’s waste to Yuba County,” Evans notes. “A contract was to be released in June 2010.  We understand the confidential nature of contract negotiations but it is September and no further information has been made public.”

“To be clear, the San Francisco Bay Chapter has no policy position on the plan to move landfill operations from the current Waste Management Alameda County Altamont site to Recology’s Ostrom Road destination,” Evans clarifies. “However our chapter and the Club’s Mother Lode Chapter have strong interests in the proposal and how it might be carried out. We ask you to hold a hearing in the near future so that the public can have a fuller understanding of this important issue.”

 

 

Ednorsement interviews: Bus drivers on Prop. G

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Advocates for Muni drivers came to the Guardian this week to make the case for voters to reject Proposition G, which would remove their pay guarantees from the city charter, and to argue that the union has been unfairly demonized by Mayor Gavin Newsom, Sup. Sean Elsbernd and other city officials in an effort to deflect blame for problems with the troubled transit system.


The group included top Transport Workers Union Local 250A officials Irwin Lum and Rafael Cabrera, Bob Planthold with Senior Action Network, and Frank Lara with More Public Transit Coalition (which was spearheaded by the ANSWER Coalition). “Muni is broken and needs drastic change. It needs to be changed from the top to the bottom,” Lum began.


Yet he said targeting Muni drivers, most of whom are people of color doing a difficult job in one of the country’s most complex systems, doesn’t solve a problem that goes far beyond work rules and salaries. The problem lies with lack of resources and the political will to pursue them, they said, which is why the union supported proposals to reform the Municipal Transportation Authority governing structure and pursue significant revenue options, which were discussed but ultimately abandoned by the Board of Supervisors earlier this year.


“Too many people at City Hall are looking to cover their political rear ends,”said Planthold, who advocates for the rights of those with disabilities and has studied transit systems around the country.


Newsom has repeatedly singled out TWU as the one public employee union that didn’t agree to givebacks to help close the city’s budget deficit, and even some progressives have told the Guardian that the union hasn’t done itself any favors with its intransigent stance. But Lum said union leaders were prepared try to sell their members on a deal that included forgoing raises and accepting unpaid furlough days but that Newsom was too quick to leak news of the deal to the media for political reasons, causing TWU members to dig in and reject the deal before that education process could begin.


While the city and MTA may save $10 million through the measure, they said that was small change compared to the system’s real needs, which they estimated to be around $125 million, much of which could be brought in by creating transit assessment districts to charge big employers whose workers rely on Muni.


Click below to read the complete interview.


 

TWU by endorsements2010

 

PG&E’s deadly failures

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EDITORIAL In 1994, a fire raged through the tiny community of Rough and Ready in Nevada County. The inferno destroyed a dozen homes and caused $2 million in damage. The cause: tree limbs that Pacific Gas and Electric Co. should have trimmed brushed against high-voltage power lines.

A furious local district attorney filed criminal charges — and in a dramatic trial, evidence emerged that PG&E had intentionally taken $80 million in ratepayer money designated for tree trimming and diverted it into executive salaries and profits.

After a natural gas line that was installed in 1948 burst last week in San Bruno, killing five and devastating a community, local and state officials should be asking if the company is still taking money that should be spent upgrading and maintaining its system and spending it elsewhere.

There’s certainly evidence that the company’s safety record is shoddy. In 2003, a fire at a Mission District substation caused 100,000 people to lose power — and the CPUC chided PG&E for failing to follow its own rules and for general procedural laziness. In 2005, an underground explosion at Kearny and Post streets caused a fire that seriously injured a pedestrian on the sidewalk above. In June 2009, a fire at a PG&E vault at O’Farrell and Polk streets caused an explosion that roared up through a manhole and cut power to 8,600 customers.

In San Bruno, neighbors reported smelling gas in the days before the explosion. PG&E trucks had come to the scene and left without repairing the problem.

In the Rough and Ready fire, PG&E was found guilty of criminal negligence — and the San Mateo County D.A., James P. Fox, should immediately start looking into the possibility of filing charges against the company. In the meantime, San Francisco ought to be taking a long, hard look at the state of the private utility’s infrastructure in the city — and how much of it is vulnerable to deadly failure.

The mayor, the supervisors, and the city attorney should demand that PG&E produce a map of every gas line, power line, transformer, and substation in the city — with details about age, condition, and maintenance history. The city should hire an independent auditor to investigate how much of what PG&E has under and above the city streets is old, crumbing, poorly maintained, and likely to fail. The results should be made public — and the city should take whatever legal action is necessary to ensure that the company’s equipment doesn’t pose an imminent risk to local residents and businesses.

State Sen. Mark Leno is calling for a hearing, and PG&E officials should be forced to discuss, in public, how this disaster was allowed to happen. City officials, and the local Legislative delegation, should also be pushing the California Public Utilities Commission to investigate how PG&E has been spending the money it collects from ratepayers for maintenance and system upgrades. It’s clear that company profits were healthy enough for PG&E to spend $46 million on a failed ballot initiative that would have blocked public power in the state; why wasn’t that money used to replace the ancient natural gas pipes in San Bruno? Where else is the company skimping on facilities? How much of the company’s system needs immediate upgrades, and what’s PG&E’s budget and schedule for that work?

There’s a larger point here: none of the public power systems in Northern California have had this type of accident. None of the publicly run utilities have been found guilty of diverting maintenance money to executive salaries and profits. San Francisco’s first modest moves toward public power will come with the establishment of a community choice aggregation system — but that system will still rely on PG&E’s grid. The sooner the city can move to get rid of that private monopoly and build its own power system, block by block and neighborhood by neighborhood if necessary, the less likely it will be that a San Bruno-type catastrophe will happen here.

PG&E’s deadly failures

2

The CPUC should investigate how PG&E has been spending the money it collects from ratepayers for maintenance and system upgrades

EDITORIAL In 1994, a fire raged through the tiny community of Rough and Ready in Nevada County. The inferno destroyed a dozen homes and caused $2 million in damage. The cause: tree limbs that Pacific Gas and Electric Co. should have trimmed brushed against high-voltage power lines.

A furious local district attorney filed criminal charges — and in a dramatic trial, evidence emerged that PG&E had intentionally taken $80 million in ratepayer money designated for tree trimming and diverted it into executive salaries and profits.

After a natural gas line that was installed in 1948 burst last week in San Bruno, killing five and devastating a community, local and state officials should be asking if the company is still taking money that should be spent upgrading and maintaining its system and spending it elsewhere.

There’s certainly evidence that the company’s safety record is shoddy. In 2003, a fire at a Mission District substation caused 100,000 people to lose power — and the CPUC chided PG&E for failing to follow its own rules and for general procedural laziness. In 2005, an underground explosion at Kearny and Post streets caused a fire that seriously injured a pedestrian on the sidewalk above. In June 2009, a fire at a PG&E vault at O’Farrell and Polk streets caused an explosion that roared up through a manhole and cut power to 8,600 customers.

In San Bruno, neighbors reported smelling gas in the days before the explosion. PG&E trucks had come to the scene and left without repairing the problem.

In the Rough and Ready fire, PG&E was found guilty of criminal negligence — and the San Mateo County D.A., James P. Fox, should immediately start looking into the possibility of filing charges against the company. In the meantime, San Francisco ought to be taking a long, hard look at the state of the private utility’s infrastructure in the city — and how much of it is vulnerable to deadly failure.

The mayor, the supervisors, and the city attorney should demand that PG&E produce a map of every gas line, power line, transformer, and substation in the city — with details about age, condition, and maintenance history. The city should hire an independent auditor to investigate how much of what PG&E has under and above the city streets is old, crumbing, poorly maintained, and likely to fail. The results should be made public — and the city should take whatever legal action is necessary to ensure that the company’s equipment doesn’t pose an imminent risk to local residents and businesses.

State Sen. Mark Leno is calling for a hearing, and PG&E officials should be forced to discuss, in public, how this disaster was allowed to happen. City officials, and the local Legislative delegation, should also be pushing the California Public Utilities Commission to investigate how PG&E has been spending the money it collects from ratepayers for maintenance and system upgrades. It’s clear that company profits were healthy enough for PG&E to spend $46 million on a failed ballot initiative that would have blocked public power in the state; why wasn’t that money used to replace the ancient natural gas pipes in San Bruno? Where else is the company skimping on facilities? How much of the company’s system needs immediate upgrades, and what’s PG&E’s budget and schedule for that work?

There’s a larger point here: none of the public power systems in Northern California have had this type of accident. None of the publicly run utilities have been found guilty of diverting maintenance money to executive salaries and profits. San Francisco’s first modest moves toward public power will come with the establishment of a community choice aggregation system — but that system will still rely on PG&E’s grid. The sooner the city can move to get rid of that private monopoly and build its own power system, block by block and neighborhood by neighborhood if necessary, the less likely it will be that a San Bruno-type catastrophe will happen here.

CityPlace, USA — and why Newsom wants developers involved in district elections

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Speaking at the San Francisco Mariott Hotel today, Sept. 14, to a room packed full of developers, land-use attorneys, building owners and managers, members of the San Francisco Convention & Visitor’s Bureau, and others who had gathered for a San Francisco Business Times event, Mayor Gavin Newsom championed a retail development project proposed for San Francisco’s mid-Market area that is being opposed by Livable Cities and the San Francisco Bicycle Coalition. The project will come under consideration at today’s Board of Supervisors meeting.

“CityPlace will be an anchor of revitalization” in mid-Market between Fifth and Sixth streets, Newsom said. Members of the Board of Supervisors may try to block it, he added, but “we can’t afford to let that happen. It’s a quarter of a million square feet, and it connects right up from Nordstrom’s.”
“CityPlace is critical,” he added. Marcia Smolens of public relations firm HMS Associates is representing Urban Realty, the developer of CityPlace, according to a file included in the Board of Supervisors meeting packet. Smolens contributed $2,500 to Newsom’s run for Lieutenant Governor. An architect with a partnering firm on the project, Gensler, plunked down $1,000 for Newsom’s campaign.

The mid-Market area has long faced issues of blight and crime. Newsom put forth a vision for its revitalized future that would include “more cops” (the development would connect with a police officers’ substation planned near Sixth and Market streets, Newsom noted), a creative bent thanks to partnerships with artists, and an area “a little less crowded with folks panhandling.”

The proposed development is essentially a large glass box with a shopping mall inside. According to the project website, Urban Realty has not yet engaged potential tenants, but appears geared toward attracting low-end retail chains. “We intend to bring affordable, value-based retail tenants to the area and expand the shopping choices available to make this section of Market Street a shopping destination that truly caters to San Francisco’s diverse demographic,” the website notes. Our guess is that they aren’t talking about unique, independently owned thrift stores that offer affordable used items and encourage shoppers to support small business, but something more along the lines of TJ Maxx.

The project would also include 188 parking spaces in an underground garage. In contrast, the Westfield mall near Fourth and Market streets was built with no new parking.

Livable Cities has filed an appeal of the Environmental Impact Report (EIR) for CityPlace on the grounds that transportation issues weren’t adequately dealt with, and the board will vote on the appeal today after opening the item up for public comment. Livable Cities executive director Tom Radulovich noted that the project would demolish the St. Francis Theater, a 1910 building that some had envisioned as a structure that could be rehabbed as part of a revived theater district in that area. He also felt the development was out of character for the neighborhood. “They’ve been given a lot of bonuses, like surplus parking and an excess floor,” Radulovich noted. “We feel like the Planning Department gave them a lot more value — millions of dollars worth. The public should get something out of it.” Partly out of a desire to improve the area, he said, mid-Market amounted to a sort of “Wild West in terms of planning. That’s been the story is that the only way to move forward is to throw away our rules.”

The developer estimates that the project would create up to 250 union jobs during construction, and 760 new permanent retail positions (that is, non-union, low-wage jobs with high rates of turnover — but at least it’s something). This could present a quandary for supervisors who might otherwise hold their nose at the idea of approving a big-box mall in the heart of San Francisco. Construction workers are in dire straits right now, and unemployment in the city is nearing 10 percent — and even higher in communities of color such as the Bayview.

Meanwhile, Newsom urged the crowd of downtown real-estate big shots to get involved in disctrict elections for the Board of Supervisors, lest “you wake up and things get worse quickly.”

The mayor issued a strong warning that “ideology is too strong in this town,” and then referenced the Guardian, speaking to some dangerous influence wielded by “these people who write these blogs.”

“You are the only thing standing between a dramatic shift off course in this town,” he told the crowd. “But our opportunities are limitless as long as we have stable leadership. Please take the time to learn about these candidates. Get involved – even in the districts you don’t reside in.”

At the end of Newsom’s speech, everyone applauded and then turned their attention to a short, flashy video about America’s Cup.

Endorsement interviews: Emily Murase

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Emily Murase has a lot on her plate. The mother of two daughters in the San Francisco public school system, she is also the executive director of the San Francisco Department on the Status of Women, a member of the Rosa Parks School Site Council, the Japanese Bilingual Bicultural Program Parent Teacher Community Council, and the Lowell Alumni Association Board of Directors; she also sits on the boards of the Lakeshore Acres Improvement Club, the San Francisco Girl Scouts, and Democratic Women in Action.

As if that weren’t enough, she’s running for school board, and has earned the endorsements of California Senators Mark Leno and Leland Yee, Mayor Gavin Newsom, five members of the Board of Supervisors, and United Educators.

When she met with the Guardian, Murase spoke about tackling the budget deficit, addressing the opportunity gap for African American, Latino, and Pacific Islander students, and fighting truancy. She said she’s in favor of reforming Prop. 13 to promote adequate funding for education, but in the short-term she envisions setting up a system to solicit ideas from people working within the school system to identify opportunities for savings.

Murase said she supports a parcel tax to generate more funding for schools. She’s also in favor of developing a formal system for evaluating teacher performance. Murase said she supported JROTC in the past, but would be interested in forging more robust partnerships between public schools and skilled trades in order to create a broader array of career pathways for students. School lunches should be prepared locally, she added, and this could also translate into a learning opportunity for kids.

Listen to the entire interview below.

 

murase by endorsements2010

Blocking the bridge

1

sarah@sfbg.com

The Sierra Club and Golden Gate Audubon Society have sued to block the final environmental impact report on the Lennar Corp. redevelopment project, a move that could force reconsideration of a bridge over Yosemite Slough.

The suit against the city, Board of Supervisors, and Redevelopment Agency charges that the final EIR for Lennar’s Candlestick Point-Hunters Point Shipyard project was inadequate, in part because it didn’t consider all the impacts of the bridge or look properly at alternatives.

The move comes as no big surprise: these environmental groups vowed to file a suit within 30 days of the city’s August certification of the project EIR. But advocates hope it will lead to a change in the proposal.

Arthur Feinstein, a member of the Sierra Club’s San Francisco Bay Chapter, said the EIR didn’t comply with the California Environmental Quality Act, or CEQA.

The introduction to the Sierra Club suit notes that “the FEIR failed to identify or underestimated the significance of environmental impacts associated with the project; failed to address the alternative proposed by Arc Ecology, which provides for a bus rapid transit route around Yosemite Slough; and failed to provide adequate responses to comments on the draft EIR.”

Or as Feinstein puts it: “There’s a bridge, and it’s going through a nature area where they say the sound level from the buses will be the equivalent to standing 50 feet from a freeway.

“They say there is no impact and that you can’t have an undisturbed nature experience in an urban area, but you can,” Feinstein continued, pointing to the Presidio, Golden Gate Park, and Crissy Field as examples of places where you can have undisturbed experiences.

Feinstein noted that Candlestick Point State Recreation Area is the only large park on the city’s eastern shoreline, and the only park that people in the Bayview can access easily.

“The city boasts about how much it was improving the Bayview, but this park is the only major open space where you can get away from urban stress — and folks have a lot of stress in the Bayview,” Feinstein said. He added that building the bridge will involve sinking pilings in Yosemite Slough that will disturb wildlife and stir up PCBs and other known contaminants.

“Noise, light and glare all have impacts on wildlife, but the city’s EIR said these are insignificant because these critters are insignificant,” Feinstein said.

Feinstein noted that the city’s final environmental impact report did make a finding of overriding concern that the project will cause air pollution at levels that exceed Bay Area Air Quality Management District (BAAQMD) health standards.

“But [the city] decided that this was a regional problem, so they did not attempt any mitigations for the 25,000 new residents that this 700-acre redevelopment plan is supposed to bring into the Bayview — which already has the city’s highest asthma and cancer rate and the largest number of polluting sources,” Feinstein said. “But they could say that all buses going into the development need to be electrified, or they could limit the number of parking spaces the way they did at Octavia-Market and South of Market.”

Feinstein said the next step in this CEQA lawsuit in a pretrial negotiation session to see if a settlement can be reached. “We’re not looking for a long drawn out fight. We’re ready for one, but we’re also ready to negotiate because that’s how you achieve things.”

Feinstein also noted that the Sierra Club had to go to Los Angeles to hire a traffic consultant to work on its suit because Lennar has contracts with just about every shop in the Bay Area, thanks to its various projects at Hunters Point, Treasure Island, and Mare Island.

“The related problem is that the city is no longer looking at the project with a steely eye,” Feinstein said. “Instead, they have become the developer — except that they are working with Lennar and not reviewing Lennar’s plans with objectivity. By filing this lawsuit, we’re keeping the conversation about this project alive and reminding folks that you don’t have to take everything this mayor and his administration gives you.”

The Sierra Club/Audubon Society suit came four days after the San Francisco Chronicle reported that the California State Parks Foundation entered into an agreement with Lennar to help prepare conceptual designs that reportedly will be used as the basis for the actual bridge over the Yosemite Slough.

Some critics interpreted the timing of CSPF’s announcement, which the Chronicle reported under a confusing “Environmentalists to help design span” headline, as an attempt by Lennar’s well-oiled PR machine to undermine the Sierra Club/Audubon Society suit.

They also questioned CSPF’s independence from Lennar, and from the Mayor’s Office, because Guillermo Rodriguez Jr. from the Mayor’s Office of Economic and Workforce Development sits on CSPF’s board. So does Peter Weiner, a partner at Paul, Hastings, Janofsky & Walker, which has contracts with Lennar. Representatives from Southern California Edison, Toyota, the Walt Disney Company, Pacific Gas and Electric Co., and several other companies that either have contracts with Lennar or have given to Mayor Gavin Newsom’s campaign for lieutenant governor campaign also sit on the park foundation board.

CPSF’s President Elizabeth Goldstein told us that “as park supporters and defenders, we consider ourselves environmentalists.” CSPF originally planned to fight approval of the project’s final EIR when it came before the board in July. But unlike the Sierra Club, CSPF pulled its appeal at the last minute.

Goldstein told the Guardian that the foundation reversed its decision because it had initiated what she characterized as “a fruitful discussion with Lennar.”

“We wanted to play that out,” Goldstein said. “And now we’re glad we did, because the design criteria look quite good and hopefully will be compatible with the project.”

“What we’ve agreed with Lennar about is a set of design criteria to be applied to the bridge, she continued. “These criteria are intended to make sure the bridge fits aesthetically into the park as much as is possible. Lennar asked us, and we agreed, to develop the first set of conceptual plans — obviously in cooperation with them — to make sure that they are, from their first iteration, as sympathetic as possible to the park.”

Goldstein said that some of these design criteria are “quite global.”

“Some are big arcs of things that are very important to us, such as impact from light, glare and noise,” she said, noting that they don’t want to see the proposed bridge lighted at night, à la the Golden Gate Bridge.

“We want the environment at dusk to be as unimpacted as possible,” she said.

Other CSPF concerns are more situation specific.

“We want safe, attractive, easy-to-use signage,” Goldstein said, referring to need to help users and neighbors find their way around and across the bridge. “We also talk about minimizing piers in the water at the slough, and if possible, eliminating them altogether since they impact vehicles and kayaks.”

Goldstein agreed that the foundation’s roots are not in political advocacy. “We were founded as a philanthropic land acquisition partner to the Department of State Parks.” But she noted that the group was involved in blocking a proposed toll road through Orange County and is a leading supporter of Proposition 21, which seeks to raise nearly $500 million a year for state parks by tacking on an $18 vehicle registration fee that would give all vehicles registered in California free access to the majority of state parks.

As Feinstein observed, “The CSPF does great work, but they are not usually advocates for conservation and biodiversity. That is what the club and Audubon Society does.”

Stuart Flashman, attorney for the Sierra Club and the Golden Gate Audubon Society, said that in the long run the lawsuit won’t stop the project from going forward. “But in the short term, if the court finds that the EIR wasn’t adequate and that there are significant impacts from the bridge that could have been avoided, then the city has to go back and redo that part of the EIR, a process that could take two to four months. And if they conclude, yeah, the impacts from the bridge are unavoidable, then they’d have to redo it to go around the slough.”

Flashman says he hasn’t seen the proposal CPSF and Lennar are working on. “But as part of this suit, we are required to sit down with the city and see if we can settle — and we are hopeful we can do that.”

No smart meters in SF

0

EDITORIAL Smart meters are a dumb idea. That’s what The Utility Reform Network says, noting that the high tech devices are expensive (California utilities, including Pacific Gas and Electric Co., will be charging consumers $5.4 billion to install the meters), don’t save energy or money, and can lead to privacy risks. PG&E bills have soared unexpectedly in places where the meters have been installed in the past year, forcing an investigation by the California Public Utilities Commission, which concluded on Sept. 2 that the meters are okay, but PG&E’s customer service isn’t. Still, TURN and other experts say the report is inconclusive, and state Sen. Dean Florez (D-Shafter) wants legislative hearings before any more meters are installed.

San Francisco hasn’t faced the smart meter problem yet since the utility hasn’t been installing them here — but that will start soon enough, now that the CPUC (never known as a harsh critic of PG&E) has given the green light. TURN is urging customers to boycott the meters, so the San Francisco supervisors should tell PG&E that the city doesn’t want this flawed technology.

Smart meters are supposed to make it easier to save energy. The idea is that the devices will not only track how much electricity a customer is using, but give that customer the ability to monitor usage at different points in the day and cut back during peak periods.

But to take advantage of the gadgets, a customer would have to buy a bunch of expensive gear on the side — communications devices, thermostats, computer chips for energy-intensive appliances, etc. PG&E isn’t going to pay for that stuff.

Meanwhile, the "smart" part of the meter sends information about your energy usage through a wireless signal. Privacy advocates worry about that (as do people concerned with having yet another device in the house emitting low-frequency radiation).

And while PG&E denies that there are any problems with the accuracy of the meters, huge numbers of people in areas where they’ve been installed have reported huge — and otherwise inexplicable — hikes in their monthly bills.

So for most residents and small businesses, smart meters are just going to be a pain in the ass — a questionably accurate, potentially dangerous, and otherwise worthless device that PG&E is making money from by installing.

TURN has advice on its website (turn.org) for people who want to boycott the meters: to tell PG&E to leave the existing meters in place. If you put a sign on your meter saying you don’t want it changed — and if you tell the person coming to replace it that you don’t want a smart meter — you may stave off the new product for a while.

But San Francisco is in the process of creating a community choice aggregation (CCA) system that will put the city for the first time in the business of delivering retail electric power. That ought to give the city some authority over how local meters are going to operate — and at the very least, the city should tell PG&E to back off until CCA is in place and the city can do its own independent study.

The supervisors should ask City Attorney Dennis Herrera to investigate what authority the city has to block PG&E from installing smart meters, and to look at how the new CCA might avoid including the cost of the devices in the rates local customers pay for power. At the very least, the board can endorse the boycott and urge the CPUC to keep smart meters out of the city. Candidates for local office should oppose the smart meters. And if PG&E wants to force the issue, city officials just need to remind the utility that its local monopoly is illegal, that San Francisco has a federal mandate for public power, and that just three months ago, 68 percent of the city’s voters said they wanted to preserve a public power option.

No smart meters in SF

4

TURN is urging customers to boycott the meters

EDITORIAL Smart meters are a dumb idea. That’s what The Utility Reform Network says, noting that the high tech devices are expensive (California utilities, including Pacific Gas and Electric Co., will be charging consumers $5.4 billion to install the meters), don’t save energy or money, and can lead to privacy risks. PG&E bills have soared unexpectedly in places where the meters have been installed in the past year, forcing an investigation by the California Public Utilities Commission, which concluded on Sept. 2 that the meters are okay, but PG&E’s customer service isn’t. Still, TURN and other experts say the report is inconclusive, and state Sen. Dean Florez (D-Shafter) wants legislative hearings before any more meters are installed.

San Francisco hasn’t faced the smart meter problem yet since the utility hasn’t been installing them here — but that will start soon enough, now that the CPUC (never known as a harsh critic of PG&E) has given the green light. TURN is urging customers to boycott the meters, so the San Francisco supervisors should tell PG&E that the city doesn’t want this flawed technology.

Smart meters are supposed to make it easier to save energy. The idea is that the devices will not only track how much electricity a customer is using, but give that customer the ability to monitor usage at different points in the day and cut back during peak periods.

But to take advantage of the gadgets, a customer would have to buy a bunch of expensive gear on the side — communications devices, thermostats, computer chips for energy-intensive appliances, etc. PG&E isn’t going to pay for that stuff.

Meanwhile, the “smart” part of the meter sends information about your energy usage through a wireless signal. Privacy advocates worry about that (as do people concerned with having yet another device in the house emitting low-frequency radiation).

And while PG&E denies that there are any problems with the accuracy of the meters, huge numbers of people in areas where they’ve been installed have reported huge — and otherwise inexplicable — hikes in their monthly bills.

So for most residents and small businesses, smart meters are just going to be a pain in the ass — a questionably accurate, potentially dangerous, and otherwise worthless device that PG&E is making money from by installing.

TURN has advice on its website (turn.org) for people who want to boycott the meters: to tell PG&E to leave the existing meters in place. If you put a sign on your meter saying you don’t want it changed — and if you tell the person coming to replace it that you don’t want a smart meter — you may stave off the new product for a while.

But San Francisco is in the process of creating a community choice aggregation (CCA) system that will put the city for the first time in the business of delivering retail electric power. That ought to give the city some authority over how local meters are going to operate — and at the very least, the city should tell PG&E to back off until CCA is in place and the city can do its own independent study.

The supervisors should ask City Attorney Dennis Herrera to investigate what authority the city has to block PG&E from installing smart meters, and to look at how the new CCA might avoid including the cost of the devices in the rates local customers pay for power. At the very least, the board can endorse the boycott and urge the CPUC to keep smart meters out of the city. Candidates for local office should oppose the smart meters. And if PG&E wants to force the issue, city officials just need to remind the utility that its local monopoly is illegal, that San Francisco has a federal mandate for public power, and that just three months ago, 68 percent of the city’s voters said they wanted to preserve a public power option.

Endorsement interviews: Rafael Mandelman

14

Rafael Mandelman told us that “local government matters.” He’s talking about a more rational budget process, with the supervisors offering their own alternative instead of just responding to the mayor. He’s in favor of raising new revenue — hundreds of millions in new revenue — to fund the critical priorities in the city, and he points out that there’s enough wealth in San Francisco to pay for it. He also thinks that all city commissions should have split appointments, with the mayor naming some members and the supervisors naming others. He’s running as the progressive candidate in a three-way race; you can listen to our discussion here:

mandelman by timred

Apathy and the arboretum

5

OPINION Nobody believed it could happen, that the ordinance might pass. On the face of it, it seemed inconceivable. The very idea that visitors would have to pay to enter a public park appeared absurd, and had been rejected only the year before. Some believed the hype and were convinced that this would help solve the budget deficit. Others expected someone besides themselves would take action, or believed that that the $7 fee, once imposed, would apply only to nonresidents.

So, by and large, people sat on their hands. Meanwhile, the San Francisco Botanical Garden Society at Strybing Arboretum, the driving force behind the privatization of the arboretum in Golden Gate Park, was using the camouflage of hard times to mask the absurdity of its proposal. The way had been carefully paved. A real estate developer and Bolinas resident handpicked by Mayor Gavin Newsom to head the Recreation and Park Commission voiced his enthusiasm. The rubber-stamp commission he heads passed it on to the Board of Supervisors. Despite the presence of his grandfather’s native plant garden within the arboretum, the mayor lent his support.

The society had craftily employed lobbyist Sam Lauter, who had set up meetings between individual supervisors and wealthy trustees.

The strategy succeeded. Astonishingly, only three supervisors voted against the ordinance imposing a fee on entrance to the arboretum. Leading the charge for the measure was John Avalos, who had added a “sunset” clause along with other vaguely worded amendments. At the hearing, the ever-congenial Chris Daly accused opponents of “elitism.” No public comment was permitted, and no supervisor questioned Recreation and Parks Department head Phil Ginsberg, although Eric Mar did announce his intention to join the Botanical Garden Society.

Much was made about union jobs — as though holding three gardeners’ salaries hostage to the passing of a privatization ordinance was a reasonable proposition.

As things stand now, the society is planning to allow its members free admission to the arboretum. Given that the reason for the $7 fee is all about the budget, this makes no logical sense. Low-income people and the undocumented (not to mention the homeless) will be excluded.

The society is also planning to build a $13 million glorified greenhouse that would have its own entrance on John F. Kennedy Drive. No community discussion has been held, but that has not deterred the society from soliciting the state to pay $7 million toward this so-called “sustainable gardening center,” an edifice that would likely memorialize the likes of Dede Wilsey or similar donor.

So what’s a good citizen to do? If you value public free space, the wings of the society need to be clipped. The best way to do this is to directly contact the offices of your supervisors, especially Sups. John Avalos (554-6975), David Campos (554-5144), David Chiu (554-7450),Michela Alioto-Pier (554-7752), Sean Elsbernd (554-6516) and Carmen Chu (554-7460). And vociferously voice your feelings.

Otherwise, the fee will not sunset next year — or any year.

Harry S. Pariser is a long-term resident of the Inner Sunset. You can join the Yahoo! group at groups.yahoo.com/group/keepthearboretumfree.

Bay Bridge tolls a boost for congestion pricing?

5


San Francisco officials are watching closely to see if higher tolls on the Bay Bridge might help the city make the case for charging fees to drive into downtown in high-traffice periods — and so far, the evidence is promising.


Since tolls increased July 1, an additional 4,000 commuters turning to BART — and that means fewer cars on the bridge.
The Bay Area Toll Authority elevated fees during the hours of 5 am to 10 am and 3 pm until 7 pm for crossing all bridges except the Golden Gate, which is managed by a different agency.


Drivers crossing the Bay Bridge during weekday commute hours are now expected to pay $6. During other hours, the weekday toll remains at $4. The toll is $5 on both Saturday and Sunday.


The toll has also been bumped up to $5 on the Antioch, Carquinez, Dumbarton, San Mateo, Benicia-Martinez and Richmond bridges. Although previously exempt from charges, occupants in the carpool lane now pay $2.50.
These increased costs may have prompted discontented commuters to add to the approximately 335,000 individuals that use BART each day, spokesman Jim Allison said.


“We have seen 2,000 to 4,000 more people riding BART on an average weekday this month compared with last,” he said.
Allison was careful to note that because of the brief time element and other seasonal changes, it is hard to determine higher tolls as the only reason for a boost in ridership.


“It is just too soon to draw any conclusions,” he said. “While it may be a factor, the increase cannot necessarily be attributed to the changes on the Bay Bridge.”


However, executives from the San Francisco County Transportation Authority planning to bring a citywide congestion pricing plan before the Board of Supervisors this fall were encouraged by the trend toward public transit.
“We do think that it is too early to draw any conclusions,” SFCTA deputy director for planning Tilly Chang said. “But the general indication is that people are shifting their behavior in some way, which is the goal of congestion pricing.”
The toll hikes mark the Bay Area’s first quasi-attempt at congestion pricing, with officials hoping to encourage the use of public transportation while simultaneously decreasing travel time for those who choose to stay in the driver’s seat.
According to a preliminary study on the compounded tolls, there were more than 12,000 fewer carpoolers and 2,300 more drivers paying the full fare on their commutes.


Spokesman John Goodwin said that the increase in solo drivers could be due to the new system’s ability to weed out cheaters, with FasTrak identification and a guaranteed minimum toll putting a damper on disobedience.
“It may very well be that we didn’t have as many real carpoolers as we thought we did,” Goodwin said. “There is, of course, no way of quantifying exactly how many drivers who didn’t meet the occupancy requirement are now recalibrating

SF Chamber attacks — lamely

0

The right-wing San Francisco Chamber of Commerce has had a pretty bad track record in local electoral politics in recent years, and its latest attack ads on progressive members of the Board of Supervisors demonstrates why: the group’s muddled and hypocritical messaging is barely comprehensible to the average San Franciscan.

The San Francisco Chronicle this morning announced the new ad campaign, the first salvo resulting from strategy sessions with Mayor Gavin Newsom and other downtown players, and the article included a funny conflict about whether or not the Chronicle is giving free advertising space to the effort.

But the ads themselves are even funnier – although inadvertently so – asking voters whether “your city supervisor” prefers “buses or benefits,” “parks or pensions,” or “paychecks or pinkslips.” Apparently, the Chamber is trying to capitalize on this political season’s fashionable attacks on public employee pensions and benefits, but the false choices that the Chamber sets up actually say more about its own promotion of this sort of zero-sum game within the public sector.

Hundreds of city employees have gotten pink slips in the last couple years directly because Newsom and the Chamber have sabotaged proposed revenue measures, even those that would help small businesses. They’ve played cynical political games that have cut Muni service and caused fares to double since Newsom became mayor, with Muni money diverted to help fund the paychecks, benefits, and pensions of police and firefighters – core Newsom constituencies to whom he gave overly generous deals to secure their early support for his 2007 re-election – while recently negotiating a deal that would exempt them from being affected by Jeff Adachi’s pension reform measure for another two years.

But targets of the ads don’t even need to know this whole backstory to see that the ads are simply false choices, lamely presented. Another swing and a miss from the once-mighty Chamber.

Democrats divided

25

Update:This online article contains a correction concerning the DCCC’s vote on Sup. Sean Elsbernd’s Muni pay guarantees (Prop. G). In the print version of this article, the Guardian reported that the DCCC had voted “to recommend a no vote” on Prop. G. This is incorrect. The DCCC voted “not to endorse” Prop. G. As Elsbernd points out, “This is a key distinction.”

Sarah@sfbg.com

With fewer than 10 weeks to go until a pivotal November election, the San Francisco Democratic County Central Committee (DCCC) approved a package of endorsements at its Aug. 11 meeting, giving the nod to mostly progressive candidates and rejecting Mayor Gavin Newsom’s most divisive ballot measures.

This crucial election could alter the balance of power on a Board of Supervisors that is currently dominated by progressives, and that new board would be seated just as it potentially gets the chance to appoint an interim mayor.

That’s what will happen if Newsom wins his race for lieutenant governor. The latest campaign finance reports show that Newsom has raised twice as much money as the Republican incumbent, former state Sen. Abel Maldonado. But the two candidates are still neck-and-neck in the polls.

Although the DCCC supports Newsom in the race, it is resisting his agenda for San Francisco, voting to oppose his polarizing sit-lie legislation (Prop. L), a hotel tax loophole closure (Prop. K) that would invalidate the hotel tax increase that labor unions placed on the ballot, and his hypocritical ban on local elected officials serving on the DCCC (Prop. H).

Shortly after the vote, the San Francisco Chronicle reported that Newsom called an emergency closed-door meeting with some of his downtown allies to discuss the upcoming election. “We just wanted to get on the same page on what’s going on locally, what’s going with the ballot initiatives, where people are on the candidates for supervisor,” Newsom told the newspaper.

DCCC Chair Aaron Peskin, who regularly battled with Newsom during his tenure as president of the Board of Supervisors, voted with the progressive bloc against Newsom’s three controversial measures. But he told us that he was glad to see the mayor finally engage in the local political process.

Sup. David Campos kicked off the DCCC meeting by rebuffing newly elected DCCC member Carole Migden’s unsuccessful attempt to rescind the body’s endorsement of Michael Nava for Superior Court Judge, part of a push by the legal community to rally behind Richard Ulmer and other sitting judges.

Things got even messier when the DCCC endorsed the candidates for supervisor. In District 2, the DCCC gave the nod to Janet Reilly, snubbing incumbent Sup. Michela Alioto-Pier, who is running now that Superior Court Judge Peter Busch has ruled that she is not termed out (a ruling on City Attorney Dennis Herrera’s appeal of Busch’s ruling is expected soon).

In District 6, where candidates include DCCC member Debra Walker, School Board President Jane Kim, Human Rights Commission Executive Director Theresa Sparks, neighborhood activist Jim Meko, and drag queen Glendon Hyde (a.k.a. Anna Conda), the club endorsed only Walker, denying Kim the second-place endorsement she was lobbying for.

But in District 8, where candidates include progressive DCCC member Rafael Mandelman, moderate DCCC member Scott Wiener, and moderate Rebecca Prozan, the politics got really squirrelly. As expected, Mandelman got the first-place nod with 18 votes: the progressive’s bare 17-vote majority on the 33-member body plus Assembly Member Leland Yee.

Yet because Yee supports Prozan and David Chiu, the Board of Supervisors president who was also part of the DCCC progressive slate, had offered less than his full support for Mandelman, a deal was cut to give Prozan a second-place endorsement.

That move caused some public and private grumbling from Jane Kim’s supporters, who noted that Kim is way more progressive than Prozan and said she should have been given the second-place slot in D6.

A proxy for John Avalos even tried to get the DCCC to give Walker and Kim a dual first-place endorsement, but Peskin ruled that such a move was not permitted by the group’s bylaws. Then DCCC members Eric Mar and Eric Quezada argued that Kim should get the club’s second-choice endorsement.

But Walker’s supporters argued that Kim only recently moved into the district and changed her party affiliation from the Green Party to the Democratic Party, and Kim’s supporters failed to find the 17 votes they needed.

“District 6 has an amazing wealth of candidates and I look forward to supporting many of them in future races,” Gabriel Haaland told his DCCC colleagues. “I will just not be supporting them tonight.”

Wiener told the group he would not seek its endorsement for anything below the top slot. “I’m running for first place and I intend to win,” Wiener said, shortly before Prozan secured the club’s second-choice endorsement.

In District 4, the DCCC endorsed incumbent Carmen Chu, who is running virtually unopposed. The DCCC also endorsed Bert Hill’s run for the BART Board of Directors, where he hopes to unseat James Fang, San Francisco’s only elected Republican.

The body had already decided to delay its school board endorsements until September and ended up pushing its District 10 supervisorial endorsement back until then as well because nobody had secured majority support.

“I think it’s because they want to give members of the DCCC a chance to learn more about some of the candidates,” District 10 candidate Dewitt Lacy told the Guardian. “I don’t think folks have spent enough time to make an informed decision.”

D10 candidate Chris Jackson agreed, adding, “The progressives in this race have brought our issues to the forefront.”

“I think it’s appropriate,” concurred D10 candidate Isaac Bowers. “D10 is a complicated district. It’s wise to wait and see how it settles out.”

The main thing that needs to be resolved is which candidate in the crowded field will emerge as the progressive alternative to Lynette Sweet, who has the support of downtown groups and mega-developer Lennar Corp.

After the meeting, Walker said different races require different political strategies. “I think it’s hard in the progressive community, where so many of us know each other and even our supporters know the other candidates and are their supporters in other scenarios,” Walker said.

“But the Democratic Party makes decisions not just based on politics,” she continued. “So the endorsement is about being viable and successfully involved in Democratic issues. And even though I want to encourage everyone to run, and we have that ability with ranked choice voting and public financing, when it comes to straight-on politics, the goal is winning.”

Walker said the vote on D8 reflected the reality that Mandelman was having trouble getting the necessary number of votes. “I know Rebecca and I know Rafael, and Rafael was my clear first choice,” Walker said.” Rafael asked me to consider voting for Rebecca—and I voted for her as my second choice.”

Walker predicts she’ll have union support behind her campaign, while Kim, who leads in fundraising, will have independent expenditure committees that will support her campaign.

“My consultant says it’s a $250,000 race, and unfortunately the viability is based on that reality, the funds, the money,” Walker observed.

On the fall ballot measures, the DCCC voted to recommend a no vote on Public Defender Jeff Adachi’s measure to make city employees pay more for the pension and healthcare costs (Prop. B), Sup. Sean Elsbernd’s Health Service Board Elections (Prop. F,) and Newsom’s three controversial measures. And they voted “no endorsement” on Elsbernd’s measure to remove from the charter Muni pay guarantees (Prop. G). 

But the DCCC did vote to endorse a local vehicle registration fee surcharge (Prop. AA), Newsom’s earthquake retrofit bond (Prop. A), Sup. Chris Daly’s proposed legislation to require mayoral appearances at board meetings (Prop. C), Chiu’s measure to allow noncitizen voting in school board elections (Prop. D), Sup. Ross Mirkarimi’s Election Day voter registration (Prop. E), former Newsom campaign manager Alex Tourk’s Saturday voting proposal (Prop. I) Labor’s hotel tax (Prop. J ), Mirkarimi’s foot patrols measure (Prop. M) and Avalos’ real estate transfer tax (Prop. N).

With just about everybody opposed to Adachi’s measure going after public employee unions, Walker observed that Adachi probably wishes he had done it differently now. But looking into the future, Walker sees opportunities for the party to come back together.

“There’s an opportunity to start a dialogue because everyone is hurting,” Walker said. “The more we don’t have a proactive solution, the more we get caught at the bottom.”

And in a feel-good vote for the frequently divided body, the DCCC also voted overwhelmingly to endorse the statewide initiative to legalize and tax marijuana (Prop. 19). Normally local party committees don’t take a position on state initiatives, but because the California Democratic Party took no position on Prop. 19, the DCCC had permission to weigh in.

As Peskin put it before the enthusiastic marijuana vote, “Raise your hands — high.”

New approach for the new U.S. attorney

0

EDITORIAL Joseph Russoniello, the U.S. attorney who terrorized immigrants, city employees, and medical marijuana growers, is finally out of office, replaced Aug. 13 by an Obama nominee screened by Sen. Barbara Boxer. Melinda Haag is the second female U.S. attorney in California history and the first since the 1920s. She’s taking over an office that pushed all the wrong priorities and served as an outpost of Bush administration values in Democratic Northern California, and she needs to turn that around, quickly and visibly.

President Obama has made it clear that he doesn’t want his Justice Department wasting valuable resources busting people who grow, sell, and use pot for medicine. And while the president has been slow and far too cautious on immigration reform, he has resisted the nativist movement and harsh attacks on undocumented immigrants. But a U.S. attorney has a tremendous amount of discretion on law enforcement priorities, and Haag could easily slide along, refusing to break with the policies of her predecessor.

That would be a serious mistake, one that would reflect poorly not only on the Obama administration but on Boxer, who under the traditions of Senatorial courtesy played a central role in choosing Haag.

The new U.S. attorney should:

Disband the grand jury that’s been investigating whether city employees violated federal law by failing to turn suspected illegal immigrants over to immigration authorities. The grand jury started sending subpoenas to city agencies two years ago and raised the specter that some local juvenile justice workers might face charges. The move set off policy changes by Mayor Gavin Newsom that have led to more than 100 young people being torn from their families and sent to federal immigration detention centers.

The grand jury operates at the U.S. attorney’s discretion, and while its activities are secret, Haag could and should announce that the investigation is closed and no charges are pending.

Inform City Attorney Dennis Herrera that no city employee will face federal criminal charges for complying with the city’s Sanctuary Ordinance. The threat of criminal charges has given Newsom cover for refusing to implement a sanctuary law that the supervisors passed over his veto. The law, sponsored by Sup. David Campos, directs city workers not to turn juveniles over to Immigration Control and Enforcement until they’ve been convicted of a felony. Herrera asked Russoniello for assurance that city employees could implement the law without fear of federal indictment, and the Republican appointee refused. Haag should give Herrera, and all city employees, written assurance that she won’t press charges over the sanctuary policy.

Stop the pot busts — and don’t try to undermine Prop. 19. Even after U.S. Attorney General Eric Holder made clear that he isn’t interested in harassing medical cannabis operations, local growers and outlets remain fearful of federal prosecution. And if the state’s voters legalize pot this fall, as appears likely, the weed will still be illegal under federal law. Haag needs to let the FBI and Drug Enforcement Administration know that she’s not going to take any cases involving legitimate medical marijuana operations — and that she won’t use her office to undermine state law if Prop. 19 passes.

Of course, if the U.S. attorney’s office stops wasting time and money cracking down on pot growers and immigrants, the lawyers who work under Haag may have time to do some more relevant and worthwhile law enforcement. They could, for example, start looking into enforcing a federal law called the Raker Act, which requires San Francisco to operate a public power system.

Community Congress convened

1

news@sfbg.com

About 60 San Francisco citizens voted just before 1 p.m. on Aug. 15 to adopt a progressive platform of approximately 100 policy recommendations they hope will define the agenda of candidates and elected officials in coming years and offer a contrasting vision for the city to that of downtown corporate interests.

Sunday’s culmination of the 2010 Community Congress represented almost a year’s work by some 400 San Franciscans and dozens of community-based organizations, according to the Congress’ draft recommendations. The congress convened all day Aug. 14, at the University of San Francisco’s Fromm Hall, where participants engaged in breakout groups aimed at addressing four distinct local policy categories: health and human services; Muni and public transportation; affordable housing and tenant rights; and community-based economic development.

Recommendations in the four areas were drafted prior to the congress and published by the Guardian (see “Reinvention of San Francisco,” Aug. 4 and “Ideas that work: a plan for a new San Francisco,” Aug. 11), but planning group coordinator Calvin Welch said between a one-quarter and one-third were rewritten and amended during the breakout sessions on Saturday and by the congress as a whole on Sunday. Representatives from the breakout groups are working to finalize all the last-minute amendments and hope to post a final document by on the congress’ website (www.sfcommunitycongress.wordpress.com) by Aug. 20.

“This is a group of left-progressive people trying to articulate a left-progressive view for the city that is distinct from the cynicism of the [San Francisco] Chronicle and [Mayor] Gavin Newsom’s message,” Welch told the Guardian after the vote.

Gail Gilman facilitated the final adoption session on Aug. 15, passing a microphone to those who wished to speak or propose amendments while pushing the group to stick to the schedule. “I think we produced a solid progressive platform that will gain traction in the upcoming supervisors race,” Gilman told the Guardian outside the congress. “We’re hoping to have actionable items implemented over the next five years.”

Some of the congress’ ambitious agenda had to be put on hold, either because consensus couldn’t be reached or groups simply ran out of time. The Muni group’s recommendation to delay the Central Subway Project and use those funds to address “Muni’s backlog of operating, maintenance, and capital improvement needs” was tabled, as was decentralizing control of expenditures in health and human services out of the mayor’s hands. However, several agencies that the congress hopes to create, including a “canopy” entity to manage San Francisco’s public health system, would have direct budgetary control over city departments.

Health and human services group coleader and Bayview-Hunters Point Foundation Executive Director Jacob Moody told the crowd about a question posed early in the congress that informed his group’s recommendations: How do we create a city where people can live, work, and prosper together?

Welch admitted that some of policy recommendations would be difficult to realize and would draw the ire of powerful political groups in San Francisco, but he insisted that creating a municipal bank, an economic redevelopment agency, and a health and human services planning agency, and implementing several of the Muni group’s recommendations, were actionable in the short term.

“Some others would need to wait until the election of a new mayor,” Welch said. “I hope we can get some mayoral candidates to endorse some of these proposals.”

Sunnydale/southeast neighborhood community organizer Sharen Hewitt said that although there were often disagreements at the congress, the most important aspect of the event to her was that everyone learned from the perspectives of others.

“Tension is not always bad,” Hewitt told the Guardian at the event. “Everybody came here with biases and interests. Everybody needs to leave here with more. I’m damn near 60 years old and I grew half an inch today.”

Sunday’s congress and policy platform were modeled after San Francisco’s first Community Congress, which took place in 1975. But Welch told us this congress was entirely new. “To the extent that there is a historical aspect, 35 years ago we tried to figure out a way to bring people together. And 35 years later, young people want to do the same thing.”

“Diamond” Dave Whittaker, a modern Emperor Norton-esque San Francisco personality, closed the congress with a poem. “The basis of real social change is happening here,” he said. “And we need to continue casting a wider net, finding the thread, and letting it flourish.”

Immigrant advocates accuse ICE of “pattern of dishonesty”

13

A coalition of national civil rights organizations held a August 10 press conference to discuss recently released internal government documents that they say reveal “a pattern of dishonesty” regarding Immigration and Customs Enforcement (ICE)  “Secure Communities” (S-Comm) program.

Representatives with the National Day Laborer Organization Network (NDLON), the Center for Constitutional Rights (CCR), and the Kathryn O. Greenberg Immigration Justice Clinic of the Benjamin N. Cardozo School of Law noted that though ICE officials have declared their intention to expand S-Comm into every jurisdiction in the country by 2013, information about the program has been scarce, and development of its operational details has been shrouded in secrecy.

The coalition also pointed to a July 27 letter that U.S. Congresswoman Zoe Lofgren recently wrote to Secretary Janet Napolitano and Attorney General Eric Holder as evidence that ICE led Congress to believe that SecureComm is a voluntary, and not a mandatory, program.

In her letter, Lofgren, who is chair of the House of Representatives’ subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law,  asks for “a clear opt-out procedure for municipalities that do not wish to participate in the S-Comm program.”

“As we discussed, Secure Communities is a voluntary program that relies upon the resources of both of your agencies [referring to DHS and DOJ] in order to provide State, local, and federal law enforcement agencies with information related to the immigration status of persons booked into our nation’s jails and prisons,” Lofgren wrote.

“I am aware that some local law enforcement agencies have expressed concern that participating in Secure Communities will present a barrier to their community policing efforts and will make it more difficult for them to implement a law enforcement strategy that meets their community’s public safety needs,” Lofgren observed.

“There appears to be significant confusion about how local law enforcement agencies may ‘opt out’ of participating in Secure Communities,” Lofgren continued.

Lofgren notes that staff from her House subcommittee were briefed on this program by ICE and were informed that localities could opt out simply by making such a request to ICE, while subsequent conversations with ICE and FBI CJIS added  to the confusion by suggesting that this might not be so.

“Please provide me with a clear explanation of how local law enforcement agencies may pot out of Secure Communities by having the fingerprints they collect and submit to the SIBs checked against criminal, not immigration, databases,” Lofgren concludes.

To date, Lofgren has not received a reply, a press spokesperson in her office confirmed.

Immigration rights advocates charge that S-Comm, which is operative in 544 jurisdictions in 27 states, functions like the controversial 287(g) program and Arizona’s SB1070, making state and local police central to the enforcement of federal immigration law.

They say the program, which automatically runs fingerprints through immigration databases for all people arrested, targets them for detention and deportation even if their criminal charges are minor, eventually dismissed, or the result of an unlawful arrest.

After reviewing the recently released ICE documents and other information, advocates for NDLON said they found evidence supporting their claim that ICE has been dishonest with the public and with local law enforcement regarding S-Comm’s true mission and impact.

“While ICE markets S-Comm as an efficient, narrowly tailored tool that targets ‘high threat’ immigrants, it actually functions as a dragnet for funneling people into the mismanaged ICE detention and removal system,” stated a NDLON press release. “ICE’s own records show that the vast majority (79 percent) of people deported due to S-Comm are not criminals or were picked up for lower level offenses.”

They also charge that the program serves as a smokescreen for racial profiling, allowing police officers to stop people based solely on their appearance and arrest non-citizens, knowing that they will be deported, even if they were wrongfully arrested and are never convicted.

“Preliminary data confirms that some jurisdictions, such as Maricopa County Arizona, have abnormally high rates of non-criminal S-Comm deportations,” NDLON continued.

 “Lastly, the impression ICE fosters that S-Comm is not mandatory and jurisdictions can opt out is riddled with questions,” they conclude.

 “These records reveal a dangerous trend,” said NDLON Executive Director Pablo Alvarado. “This program creates an explosion of Arizona-like enforcement at a time when the results have proven disastrous. Thanks to S-Comm, we face the potential proliferation of racial profiling, distrust of local police, fear, and xenophobia to every zip code in America.”

 “S-Comm co-opts local police departments to do ICE’s dirty work at significant cost to community relations and police objectives,” said CCR attorney Sunita Patel. “Without full and truthful information about the program’s actual mission and impact, police are operating in the dark. The bottom line is that thrusting police into the business of federal immigration enforcement isn’t good for anyone.”

 “ICE is racing forward imposing its S-Comm program on new states and localities every day, without any meaningful dialog or public debate,” warned Bridget Kessler, a teaching fellow at the Immigration Justice Clinic of the Benjamin N. Cardozo School of Law.

The three organizations vow to litigate for the release of more data and records “to uncover the truth behind S-Comm and other ICE efforts to draft local police into immigration enforcement.”

Also speaking at the Aug. 10 press conference was San Francisco Sheriff Mike Hennessey. Earlier this summer, Hennessey blew the whistle on S-COmm, after attending a meeting in May at which ICE revealed it was going to switch the program on in San Francisco in June.

But despite Hennessey’s efforts to opt San Francisco out of the program, S-Comm went live June 8 in San Francisco.

“We were told we could opt out through the State Attorney General’s Office,” Hennessey said, recalling how AG Jerry Brown’s office told him that San Francisco could only opt out through the feds.

“We were given the run around,” Hennessey said.“It’s a program forced upon individual local law enforcement agencies, no matter what the local community wants,” Hennessey said.

Henessey worries that the program is having a chilling effect on community policy efforts.

“Witnesses and victims of crime won’t come forward for fear they will be deported,” he said.

Henessey notes that ICE has detained folks who were arrested for minor traffic violations, and whose charges were subsequently dropped, as well as folks with no criminal records.

“My Board of Supervisors, my Police Commission and my mayor have said they would rather not participate in deportations at that level,” Hennessey noted.

He worries that the program could be expanded to include employment record checks.

“They say the program won’t be used for civil purposes, but it’s already being used for federal employment checks,” Hennessey said. “This further isolates minority communities from the mainstream.”

What DCCC questionnaires reveal about Adachi reform, sit-lie and marijuana

20

The DCCC makes its endorsements for the November election on August 11. And in preparation for that crucial endorsement, candidates filled out questionnaires that are posted online, providing fodder for those interested in Jeff Adachi’s pension reform, Mayor Gavin Newsom’s sit-lie ordinance, and the legalization of marijuana, amongst other measures.

But before we get to those issues, I have to admit I was a bit surprised to see that D. 10 candidate Malia Cohen, who has already secured the endorsements of Sally Lieber, Fiona Ma and Aaron Peskin, says on her DCCC questionnaire that she supports the death penalty.

Now, to be fair, advocating for or against the death penalty isn’t the duty of the Board of Supervisors. And I haven’t yet caught up with Cohen yet to clarify why she holds this stance, (or whether it was one big typo, though I somehow doubt it). So, I’ll be sure to update this post, once I have a chance to talk to Cohen, who was busy at yet another candidate forum, when I was writing this entry. UPDATE: Cohen says she does not support the death penalty, and that she inadvertently misanswered the question. (Thanks for clearing up the mystery, Malia, and being gracious about it in the process.)

I should mention that Peskin also endorsed D. 10 candidate Tony Kelly.

And I should also note that while D. 10 candidate Lynette Sweet’s questionnaire says she supports Jeff Adachi’s pension and healthcare reform, Sweet’s campaign says that’s not the case, pointing to how Sweet said at the Potrero Hill Democratic Club’s August 2 D. 10 forum that what Adachi did wasn’t a bad thing, but the way he went about it was.

I quoted Sweet saying those very words in a previous post, and Sweet’s campaign manager Shane Mayer told me that he forwarded what I wrote about that meeting to the DCCC to clarify Sweet’s position. But Mayer got testy when I asked him about the rent, or rather the lack of rent, that Sweet, who Mayor Gavin Newsom has already endorsed, appears to be paying for her campaign headquarters at 25 Division Street (at Rhode Island).

As Beyond Chron tells it, the deal looks more than a bit fishy, and appears to be bankrolled by the Visovichs, a family with Republican leanings that supported Mayors Willie Brown and Newsom in past election campaigns.

 Mayer tried to dismiss the Beyond Chron article as a “hit piece”.

“The article focuses on only one candidate,” Mayer said. “We’re paying fair market rate, and using only a small portion of a warehouse. When we moved in, we didn’t have lights.”

But Sweet isn’t the only D. 10 candidate to come under Beyond Chron’s fire in recent days: fellow D. 10 candidate Steve Moss also took flak for receiving $500 from Andrew Zacks, the landlord attorney famous for doing Ellis Act evictions.

While on the phone with Moss recently, I asked what he thought about Newsom’s sit-lie ordinance, Moss said he hadn’t made up his mind yet.

And in his DCCC questionnaire, Moss also waxes ambiguous on sit-lie. “There’s clearly a lack of civility in certain areas of the city,” Moss wrote. “And in Bayview-Hunters Point, youth loitering can create conditions that create violence. However, it’s not clear to me that sit-lie is an appropriate response to this issue, and that it won’t result in unintended consequences. For example, sidewalks in Bayview-Hunters Point are also often used for peaceful gathering of neighbors, which is community-building and non-threatening.”

Makes me wonder what Moss and the rest of the candidates think about City Attorney Dennis Herrera’s recent gang injunction in Viz Valley…

UPDATE: I should add here that termed-out D.6 Sup. Chris Daly has just endorsed legislative aide and D.6 candidate James Keys, whose DCCC answers I’ve included in my round up of some of the candidate responses to this year’s DCCC questionnaire. UPDATE: And for all the Glen “Anna Conda” Hyde supporters, my humble apologies for omitting your candidate’s positions in my first post on this issue:

Chiu’s non-citizen voting in School Board elections
Supportive of non-citizen voting:  Adachi, Sup. Michela Alioto-Pier and D. 2 challenger Janet Reilly, D. 6 candidates Glen “Anna Conda” Hyde, James Keys, Jane Kim, Jim Meko, Debra Walker and Theresa Sparks. D. 8 candidates Rafael Mandelman, Rebecca Prozan and Scott Wiener. D. 10 candidates Isaac Bowers, Cohen, Chris Jackson, Tony Kelly, Dewitt Lacy and Eric Smith.
Opposed: D.2 candidates Farrell and Berwick, D. 4 incumbent Carmen Chu, and D. 10 candidates Kristine Enea and Lynette Sweet.

Newsom’s ban on dual office holding

Supportive: Berwick, Farrell, Glen “Anna Conda” Hyde, Meko, Enea.

“Yes. Better distribution of power,” Anna Conda said.

Opposed: Adachi, Alioto-Pier, Reilly, Keys, Kim, Walker, Sparks, Mandelman, Sweet, Lacy, Kelly, Cohen, Wiener, Jackson, Smith and Prozan.
“This measure is the result of petty politics between the mayor and the Board,” Prozan, who contributed S100 to Newsom’s Lt. Governor campaign, famously wrote on her DCCC questionnaire.

Newsom’s Sit-Lie Ordinance
Supportive: Farrell, Alioto-Pier, Reilly, Chu, Sparks, Wiener and Sweet.
Opposed: Adachi, Berwick, Glen “Anna Conda” Hyde, Keys, Kim, and Walker. Mandelman and Prozan. Cohen, Jackson, Kelly, Lacy and Smith.

Adachi’s Pension Reform
Supportive: Adachi, Berwick, Meko, and Sweet
Opposed: Chu, Farrell and Reilly. Glen “Anna Conda” Hyde, Keys, Kim, Walker and Sparks. Mandelman, Prozan and Wiener. Cohen, Jackson, Kelly, Lacy and Smith.
No position, yet: Alioto-Pier.

Legalization of pot (Prop. 19)
Supportive: Adachi, Berwick. Glen “Anna Conda” Hyde, Keys, Kim, Meko, Sparks, and Walker. Mandelman, Prozan and Wiener. Cohen, Jackson, Kelly, Lacy, Smith and Sweet.
Opposed: Chu and Farrell

No position, yet: Alioto-Pier, Janet Reilly.

Hard to tell: Moss.

“I philosophically support this measure but am concerned that its economic and social implications haven’t been carefully considered, nor its interaction with federal law,” Moss wrote on his DCCC questionnaire.

Sparks for her part just clarified that she mistakenly answered “No” on two DCCC questionnaire items: “Do you opposeprivatization of essential government services,” and “Will you oppose anti-worker initiatives that seek to undermine the ability of union leaders to carry out will of members and engage in political activities.”

“I meant to answer yes, as I explained at my DCCC interview,” Sparks said. “I was confused by the double negatives.”

While she was on the phone, Sparks also admitted that the pace on the campaign trail is getting intense with forums and meetings every night.

“David Campos, who has been a good friend since we were both on the Police Commission, recently told me, ‘win or lose, you need to schedule a few weeks off in November when the election is over,’” Sparks said.

Campos is right. To all the candidates on the campaign trial, here’s wishing you lots of energy and calm in the weeks to come. And see you at the DCCC forum.

<!–[endif]–>

To try a cop

0

news@sfbg.com

Proponents of civilian oversight for the San Francisco Police Department are hopeful that fresh blood on the Police Commission, along with a new set of rules designed to expedite disciplinary hearings, will improve the often-criticized, delay-plagued system of citizens policing cops.

The commission’s backlog of pending cases — which at its worst ballooned to more than 70, with at least one more than nine years old — prompted massive media coverage in 2009; a San Francisco Chronicle editorial calling for the system to be reformed early this year; and former Police Commissioner and District 10 Candidate Theresa Sparks’ recent statements to the Guardian that SFPD’s civilian oversight system is “broken” and that the power to fire police officers should go to the chief.

As it stands now, SFPD Chief George Gascón can handle any case in which punishment will not exceed more than a 10-day suspension, whether initiated from within the department and investigated by the Management Control Division — SFPD’s version of internal affairs — or resulting from complaints made by civilians through the Office of Citizen Complaints. The Police Commission must hold hearings for any case in which more severe discipline is recommended by either office.

“There are litigation delays that occur outside the control of the commission,” OCC Director Joyce Hicks told the Guardian. Appeals to superior courts can indefinitely stall cases before the commission, she said.

The OCC has its own backlog of investigations, which Hicks primarily attributes to budget constraints. San Francisco’s charter dictates that the OCC have one full-time investigator for every 150 SFPD officers. There are 2,317 sworn officers in the SFPD, according to the department’s most recent citywide CompStat report, which means that the OCC should have at least 15.5 investigators. Hicks says she has 14, and that supervising investigators are taking on cases to pick up the slack. OCC’s 2010 second-quarter report states that, due to budget constraints, the office will not be able to meet its full compliment of 17 front-line investigators.

“We do not have an adequate number of investigators for the size of our caseload,” Hicks said. “We are working very hard with the Police Commission to reduce the backlog. But they have to be scheduled by the commission for us to prosecute them.”

Hicks would like to see the number of investigators dictated by the number of complaints the OCC receives instead of the size of the SFPD, as a critical 2007 report by the Controller’s Office suggested.

Police Commissioner Jim Hammer, who was appointed by the Board of Supervisors early this year and has been instrumental in crafting new rules to speed hearings before the commission, said he believes the current system is beginning to work better and will continue to improve with future tweaks.

“I would not be opposed to the chief having more authority to impose discipline as long as a civilian body has the authority to make the final check on it,” he told the Guardian. “This isn’t just about Chief Gascón — this is about the system. Someday there will be another chief.”

A swelled backlog at the commission has real consequences for the city’s available police force and overall budget. Despite numerous attempts, no one in SFPD’s media relations unit, chief’s office, personnel division, or MCD could provide the Guardian with the number of officers taken off active police duty to work a desk while their complaint cases stall before the Police Commission.

Gascón refused to comment directly for this story, stating through SFPD spokesman Sgt. Troy Dangerfield that his thoughts on police discipline were “already out there.” But the chief did tell the Board of Supervisors Budget Committee that the lag in the discipline process was hurting the usable number of officers at his disposal. San Francisco’s charter mandates that the number of full-duty sworn police officers cannot fall below 1,971.

“Two weeks ago, we had an individual who had a case that was pending for nine years,” Gascón told the Budget Committee in June. “I am unable to use him in the field. He will be one of the many who will not be able to do police work as we would expect of someone with a police officer rank.”

And when Budget Committee Chair John Avalos asked if the officer was still on the payroll, Gascón responded: “Absolutely.”

The commission’s Procedural Rules Governing Trial of Disciplinary Cases, which were adopted in April, limit hearings to less than four hours and state several times that requests for delays, called continuances, are generally disfavored. “In the past they’ve turned into trials,” Hammer said. “But these are administrative hearings.”

Angela Chan, a stalwart San Francisco immigrant rights advocate and staff attorney for the Asian Law Caucus and new police commissioner appointed in May, said the commission is prioritizing tackling the backlog. “I know how to manage a docket,” she told the Guardian. “The very first thing I do when I have an initial conference call is set a hearing date.”

But if officers say their attorneys can’t make that date and request a continuance? “My response is to get another attorney,” Chan said. “There is no haggling. As a commission, we have to stay on top of the docket.”

In addition to the rules pushing police commissioners to hold prompt, fair hearings, Hammer and former Police Commissioner David Onek instituted an accountability report for the commission. The commissioners envisioned a monthly report published on the commission’s website — similar to the OCC’s quarterly reports — that outline the total number of disciplinary cases before the commission, the number of cases assigned to each commissioner for evidence intake, and measurements to gauge how well the commission was sticking to the rules adopted in April.

The actual document is a far cry from what the commission envisioned, listing only active cases before the commission, cases filed to date for 2010, and individual commissioner’s number of assigned hearings. It is not available online.

As of July 31, the commission has 44 pending cases, including appeals. Police Commission President Joe Marshall, whose recent reappointment stalled in the Board of Supervisors because of ambiguity about his position on the Secure Communities program, completed no hearings in 2010. He has been assigned eight. Hammer completed six hearings, has an additional three in progress, and has two more scheduled.

Commission Vice President Thomas Mazzucco has held and decided two hearings this year and has three more scheduled. Petra DeJesus completed one hearing, settled two cases, and has two more hearings scheduled. Angela Chan has scheduled four of the five cases she has been assigned. New mayoral Police Commission appointee Carol Kingsley was not included in the latest report because she began her term Aug. 4.

Hammer also wants to refine what is known as the hearing officer process, in which accused officers can elect to have the evidence portion of their case heard by a hearing officer. That officer then reports to the full commission, which makes the final ruling on disciplining the officer. The problem is that getting all parties to agree on a hearing officer takes a lot of time. In addition, final reports to the commission sometimes can take months to generate.

“They’re agreeing to it [using hearing officers] now because it builds in a huge delay,” Hammer said.

Chan wants to convince officers that quickly airing a hearing is just as likely to exonerate them as to create a headache, long suspension, or termination. Hicks, Chan, and Hammer all agreed that the value of civilian oversight of the SFPD outweighed slow, sometimes messy system. “The overwhelming majority of police officers are conscientious, hard-working public servants,” Hammer said. “The overwhelming majority of cops and citizens have a strong interest in making sure the few bad apples are weeded out.”

Ideas that work: a plan for a new San Francisco

6

OPINION San Francisco is a city of tremendous riches and problems — a locus of wealth, inequality, innovation, creativity, and sometimes stifling resistance by political and economic power brokers. It’s time to break through. We have the ability, and opportunity, to create a whole new set of economic, social, and political relationships between people and government. On everything from municipal banking, to Muni reform, to public-controlled sustainable energy production and community-driven budgeting, we have a flood of ideas from thinkers and activists across the city.

The Aug. 14-15 Community Congress at the University of San Francisco will focus on turning those ideas into a political platform the city can implement. Last week, we described the vision; this week, we offer some proposals that will be discussed at the event; following the event, others will be posted at sfbg.com.

The event runs Aug. 14 from 9 a.m.–5 p.m. and Aug. 15 from 9 a.m.–1 p.m. at USF’s McLaren Conference Center. For information, go to www.sfsummitcongress.wordpress.com. (Karl Beitel and Christopher Cook)

1. A MUNICIPAL BANK


San Francisco is rich — it has $16.1 billion in assets, with a net worth of $6.5 billion, according to the city treasurer. With a little maneuvering and political will, roughly a half-billion of that money could be devoted to creating a municipal bank: a fiscally solvent, federally insured economic engine that would invest in community development projects serving underfunded activities and endeavors, providing significant economic and social benefits to the residents of San Francisco.

With its own public bank, San Francisco could begin to fund and promote more community-centered forms of economic development. Worker co-ops, for instance, could get loans for projects that are socially beneficial and economically viable. The bank could also help generate new homegrown industries that produce both revenue and social value to the city. This would help democratize the city economy, giving financial muscle to community-based projects and neighborhood-serving businesses.

Over a period of three to five years, a modest portion of the city’s liquid investments can be transferred to create to the new bank. The bank could use this pool of capital to extend low-interest, long-term loans for projects located in San Francisco. The bank would offer a full spectrum of retail banking services, such as money market accounts, to attract additional deposits to supplement funds from the city.

A municipal bank has potential to grow into a major economic force in the city for financing community-centered development. With the right up-front commitment from the city, the total asset portfolio of loans and other investments would grow far beyond this initial public investment — representing a significant infusion of loan capital into currently underserved segments of the credit market in San Francisco.

The municipal bank would be a member-owned, federally chartered, and federally insured credit union. It would engage in rigorous vetting of loan applicants. But because the bank would not run as a profit-maximizing enterprise, loan officers would explicitly consider projects in light of their economic viability and potential contribution to the economic, social, and cultural well being of San Francisco.

Priority could, for instance, be given to loans for affordable housing development and community economic development. In particular, the bank could prioritize businesses and enterprises that represent alternative models of ownership such as worker co-ops and worker collectives, and smaller, community-serving, locally-based, social enterprise-type businesses.

To ensure that the bank’s lending activities reflect the need for more democratic modes of credit and finance, governance and oversight could include representation from social groups and constituents normally excluded from corporate governance. The bank’s member-owners would elect the board of directors.

Municipal bank funds would be completely separate from the city’s general fund, with strict firewalls imposed to assure that lending activities do not become intermingled in any way with the annual appropriations process.

By creating its own bank, San Francisco would be a national model for community-based development and economic democracy. It would be a national first, and has the potential to transform how cities think about local economic development. (Beitel)

2. HOUSING SAN FRANCISCO


Since the beginning of the dot-com boom, San Francisco has seen displacement of low-income families from rent-controlled housing in alarming numbers. Much of this displacement has been happening through conversion of small residential apartment buildings (between four and 12 units) into tenancy in common units. Small-site displacement tends to target seniors, disabled people, and working class families — and many of the units that were converted were, under rent control, de facto affordable housing.

In addition, over the past 15 years the city has lost 4,370 units due to Ellis Act evictions. At the same time, the city’s housing production model favors larger projects because of the economies of scale possible for new construction of big projects, with 70 or more units. While these projects are important in adding to the city’s affordable housing stock, sites to accommodate giant developments are in short supply.

So how do we address San Francisco’s chronic affordable housing crisis. First, stabilize low-income communities and preserve diverse neighborhoods by encouraging the city to invest in developing a small sites acquisition and rehabilitation program that could help nonprofits take over and operate affordable rental housing for low-income tenants. That property could also be converted to limited equity housing cooperatives and community land trust properties.

Next, the city should ban all TICs from becoming condos. The city can give landlords and speculators a choice: If you want your property to be eligible for condo conversion, with all the economic benefits that come with that designation, then you need to follow the process and abide by tenant protections in the condo law. If you want to ignore the condo law, then you’re stuck with a TIC.

To further protect renters, prior to sale of a renter-occupied unit, the city could require the owner to offer tenants the right to buy the unit, at a price based on the last best offer from a bona fide purchaser.

The Rent Board also needs reform. The panel, which oversees rent increases, consists of five members: two landlords, two tenants, and one homeowner. All are appointed by the mayor. We suggest three tenants, two landlords, and two homeowners — with the appointments split between the mayor and the supervisors.

There also must be a permanent, local source of funding for affordable housing development. A progressive increase in the real estate transfer tax could generate $45 million annually.

We further support Sup. Ross Mirkarimi’s proposed legislation that would protect resident’s rights during relocation and ensure their right to return to buildings that have been redeveloped. (Amy Beinart and the Council of Community Housing Organizations)

3. THE CRISIS IN CARE


More than any other American city, San Francisco relies on a network of faith- and community-based nonprofits to deliver critical health and human services to its poorest and sickest residents. More than 15,000 people are employed in this sector, which had a total budget of almost $800 million in 2000.

Health and human service nonprofits play a significant role in providing a substantial portion of the city’s services for seniors, people with AIDS, the homeless, children and youth, people with special physical and mental needs, and those who suffer from substance abuse.

Yet this critical sector finds itself bearing the brunt of cuts and reduction in services caused by the fiscal crisis facing San Francisco.

So what can we do? Here are seven suggestions.

First, conduct a coordinated citywide health and human services needs assessment driven by neighborhoods and communities.

Second, working with service users, service providers, and city employees, create a 10-year plan for health and human services that can guide yearly budget considerations.

Third, as the city implements the 2009 ballot measure that calls for a two-year budget cycle informed by five-year financial plans, require department heads and commissions to include the perspective of professional service providers and service users, including a standards analysis plan and a narrative about the impact on services.

Fourth, open a dialogue with the foundation community on addressing the changing needs of the nonprofit human services community, including community needs, accountability, and funding cycles.

Fifth, depoliticize the request-for-proposals (RFP) process by moving it out of city departments and into the Controller’s Office.

Sixth, require city departments that contract with nonprofit health and human service providers to complete their implementation of the recommendations to streamline the city’s contracting and monitoring processes approved by the 2003 City Nonprofit Contracting Task Force, and ensure that current procedures and processes are consistent with those recommendations.

And seventh, preserve services for the most vulnerable San Franciscans by focusing on revenue solutions to the city’s ongoing structural budget deficit, including November 2010 campaigns to increase the hotel tax and the real property transfer tax. (Debbi Lerman, Human Services Network)

4. BUILDING WORKER COOPERATIVES


Although these are hard times, there’s an opportunity for San Francisco to realize a new model of economic sustainability — by supporting worker cooperatives.

The worker cooperative model is a business form well-suited to the diverse needs of urban areas and is already viable in a broad variety of sectors including manufacturing, service, and retail. A key aspect of worker cooperative development is that its goal is not just the creation of jobs; it’s also about making business ownership accessible.

An inspiring new model of economic development is currently taking place with the Evergreen Cooperatives in Cleveland. In an ambitious effort, anchor institutions such as the local universities, hospitals, and the City of Cleveland have established procurement agreements with developing worker cooperatives rooted in the struggling urban communities of Cleveland (where unemployment rates are as high as 25 percent). The goal is to redirect the estimated $3 billion that these anchor institutions spend on goods and services toward worker cooperatives in the communities where these institutions are located. The first two business models underway are a commercial laundry service and a solar installation company.

There’s also a lot of inspiring work already being done by the worker cooperative community in the Bay Area. The Arizmendi Association continues to develop new worker-owned bakeries despite the economic recession. This fall, Arizmendi will launch its second SF location in the Mission District, creating new jobs and opportunities for local residents to have ownership over their work. Rainbow Grocery and Other Avenues are two extremely successful, long-lasting worker-owned grocery stores in San Francisco.

The city ought to officially recognize the worker cooperative model as both viable and preferable, and include it in the city’s various efforts of economic development. And city officials should take a leadership role in reimagining what a vibrant economy could look like and begin to promote worker cooperatives as central to that vision. (Poonam Whabi, Rick Simon, Steve Rice, Inno Nagara, and Nadia Khastagir)