Supervisors

Election as prologue

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› steve@sfbg.com

San Francisco politics shifted June 3 as successful new coalitions altered the electoral landscape heading into the high-stakes fall contests, when seven of the 11 seats on the Board of Supervisors are up for grabs.
Progressives had a good election night even as lefty shot-caller Sup. Chris Daly suffered a pair of bitter defeats. And Mayor Gavin Newsom scored a rare ballot box victory when the southeast development measure Proposition G passed by a wide margin, although voters repudiated Newsom’s meddling with the San Francisco Public Utilities Commission by approving Prop. E.

But the big story wasn’t these two lame duck politicians, who have served as the two poles of local politics for the past few years. It was Mark Leno, who handed Sen. Carole Migden her first electoral defeat in 25 years by bringing together progressives and moderates and waging an engaged, effective ground campaign. In the process, he may have offered a portent of things to come.

The election night speech Leno gave just before midnight — much like his entire campaign — didn’t break along neat ideological lines. There were solidly progressive stands, like battling the religious right’s homophobia, pledging to pursue single-payer health care, and blasting Pacific Gas & Electric Co. for funding sleazy attack pieces against him, reaffirming his commitment to public power.

But he also thanked Newsom and other moderate supporters and heaped praise on his political consulting firm, BMWL, which has run some of downtown’s nastiest campaigns. "It was clean, it was smart, and it was effective," Leno said of his campaign.

The Migden campaign, which had the support of Daly and many prominent local progressives, often looked dirty by comparison, marred by past campaign finance violations that resulted in Migden getting slapped with the biggest fine in state history and by Daly’s unethical misuse of the Guardian logo on a mailer that made it appear as if we had endorsed Migden.

Old alliances seemed to crumble around this election, leaving open questions about how coalitions will form going into an important November election that’s expected to have a crowded ballot and huge turnout.

UNITY AND DIVISION


There are things that unite almost all San Franciscans, like support for public schools. In this election that support came in the form of Prop. A — a measure that will increase teacher salaries through a parcel tax of about $200 per property owner — which garnered almost 70 percent of the vote.

"These numbers show that people believe in public education. They believe in what we’re doing," school superintendent Carlos Garcia told a jubilant election night crowd inside the Great American Music Hall.

Also uniting the city’s Democrats was the news that Barack Obama sewed up the party’s presidential nomination June 3, ending a primary battle with Hillary Clinton that had created a political fissure here and in cities across the country.

"The winds of change are blowing tonight. Let me congratulate Barack Obama on his victory," Leno said on election night, triggering a chant of "Yes we can" from the crowd at the Upper Market bar/restaurant Lime.

Local Clinton supporters were already switching candidates on election night, even before Clinton dropped her campaign and announced her support for Obama four days later.

"As a strong Hillary person, I’m so excited to be working for Obama these next five months," DCCC District 13 member Laura Spanjian, who won reelection by placing fourth out of 12 slots, said on election night. "It’s my number one goal this fall."

Leno also sounded conciliatory themes. In his election night speech, Leno acknowledged the rift he created in the progressive and LGBT communities by challenging Migden: "I know that you upset the applecart when you challenge a sitting senator."

But he vowed to repair that damage, starting by leading the fight against the fall ballot measure that would ban same-sex marriage and overturn the recent California Supreme Court decision that legalized it. He told the crowd, "I invite you to join together to defeat the religious right."

A day later we asked Leno about whether his victory represented a new political center in San Francisco and he professed a desire to avoid the old political divisions: "Let’s focus on our commonalities rather than differences," he said, "because there is real strength in a big-tent coalition."

But this election was more about divisions than unity, splits whose repercussions will ripple into November in unknown ways. Shortly before the election, Daly publicly blasted "Big Labor" after the San Francisco Labor Council cut a deal with Lennar Corporation, agreeing to support Prop. G in exchange for the promise of more affordable housing and community benefits.

On election night, Newsom couldn’t resist gloating over besting Daly, whose affordable housing measure Prop. F lost big. "I couldn’t be more proud that the voters of San Francisco supported a principled proposal over the political proposal of a politician," Newsom told us on election night, adding, "Today was a validation of community investment and involvement over political games."

While Daly and some of his progressive allies have long warned that Leno is too close to Newsom to be trusted, one of the first points in Leno’s speech was the celebrate the passage of Prop. E, which gives the Board of Supervisors more power to reject the mayor’s appointees to the San Francisco Public Utilities Commission. "As an early supporter I was happy to see that," Leno said.

Susan Leal, the former SFPUC director who was ousted by Newsom earlier this year, said she felt some vindication from the vote on Prop. E, but mostly she was happy that people saw through the false campaign portrayals (which demonized the Board of Supervisors and erroneously said the measure gave it control over the SFPUC.)

"This is one of the few PUCs where people are appointed and doing the mayor’s bidding is the only qualification," Leal told us on election night.
Sup. Tom Ammiano, who will be headed to the Assembly next year, agreed: "It shows the beauty contest with the mayor is over and people are willing to hold him accountable."

ANALYZING THE RESULTS


On the day after the election, during a postmortem at the downtown office of the San Francisco Planning and Urban Research Association, political consultants Jim Stearns and David Latterman sized up the results.

Latterman called the Prop. E victory "the one surprise in the race." The No on E campaign sought to demonize the Board of Supervisors, a strategy that clearly didn’t work. Firing Leal, a lesbian, helped spur the city’s two major LGBT groups — the Harvey Milk and Alice B. Toklas Democratic clubs — to endorse the measure, which could have been a factor when combined with the high LGBT turnout.

"This may have ridden the coattails of the Leno-Migden race," Stearns said.

In that race, Stearns and Latterman agreed that Leno ran a good campaign and Migden didn’t, something that was as big a factor in the outcome as anything.
"Migden did too little too late. The numbers speak for themselves. Leno ran a really good race," Latterman said, noting how Leno beat Migden by a large margin in San Francisco and came within a few thousand votes of beating Joe Nation on his home turf of Marin County.

"It was a big deal for Leno to get so close to Nation in Marin," Stearns said.

Leno told us the polling his campaign did late last year and early this year showed he had a strong advantage in San Francisco, "so with that, I invested a lot of time and energy in Marin County."

Stearns attributed the big Prop. G win to its large base of influential supporters: "The coalition-building was what put this over the top." Daly chalked it up to the $4 million that Lennar spent, saying it had bought the election. But Stearns, who was a consultant for the campaign, didn’t agree: "I don’t think money alone ever wins or loses campaigns."

Yet he said the lack of money and an organized No on G/Yes on F campaign did make it difficult to stop the Lennar juggernaut. "You need to have enough money to get your message out," Stearns said, noting that "Nobody knew that the Sierra Club opposed [Prop. G]."

In the one contested judge’s race on the ballot, Gerardo Sandoval finished in a virtual dead heat with incumbent Judge Thomas Mellon. The two will face off again in a November runoff election because a third candidate, Mary Mallen, captured about 13 percent of the vote.

"How angry is Sandoval with Mallen now?" Latterman asked at the SPUR event. "If that 13 percent wasn’t there, Sandoval wins."

Both Latterman and Stearns agreed that this election was Sandoval’s best shot at unseating a sitting judge. "He’s going to face a tougher test in November," Stearns said.

The other big news was the lopsided defeat of Prop. 98, which would have abolished rent control and limits on condo conversions in addition to its main stated aim of restricting the use of eminent domain by local governments.

"It just lost bad," Latterman said of Prop. 98, the second extreme property rights measure to go down in recent years. "It just needs to go away now…. This was a resounding, ‘Just go away now, please.’<0x2009>"

LOOKING FORWARD


Aside from the Leno victory, this election was most significant in setting up future political battles. And progressives won a big advantage for the battles to come by picking up seats on the city’s two Democratic County Central Committees, a successful offensive engineered largely by Daly and Peskin, who were both elected to the eastside DCCC District 13.

"On the DCCC level, we took back the Democratic Party," said Robert Haaland, a progressive who was reelected to the DCCC District 13.

"The fight now is over the chair. The chair decides where the resources go and sets the priorities, so you can really do a lot," Haaland told us.

Many of the fall supervisorial contests feature races between two or three bona fide progressives, so those candidates are going to need to find issues or alliances that will broaden their bases.

In District 9, for example, the candidates include housing activist Eric Quezada (who lost his DCCC race), school board president Mark Sanchez, and Police Commission member David Campos — all solid progressives, all Latino, and all with good bases of support.

Campos finished first in his DCCC District 13 race just ahead of Peskin. Speaking on election night at the GAMH, Campos attributed his strong showing to walking lots of precincts and meeting voters, particularly in the Mission, an effort that will help him in the fall.

"A lot of Latino voters are really eager to be more involved [in politics]," Campos said. "Speaking the language and being an immigrant really connects with them."

Campos thinks public safety will be a big issue on voters’ minds this fall, an issue where he has strength and one that progressives have finally seized. "Until Ross Mirkarimi came along, progressives really weren’t talking about it," Campos said.

So, does Campos’ strong DCCC showing make him the front runner? When I asked that question during the SPUR event, Latterman said he didn’t think so. He noted that Sanchez has always had strong finishes on his school board races, citywide contests that includes the Portola area in District 9 but not in DCCC District 13. In fact, Latterman predicted lots of acrimony and close contests this November.

"If you like the anger of Leno vs. Migden, we’ll have more in the fall," Latterman said of the competitive supervisorial races.

Leno hasn’t been terribly active in local contests since heading to Sacramento, and he told us that his focus this fall will be on state ballot fights and the presidential race. He hasn’t made endorsements in many supervisorial races yet, but his two so far are both of progressives: Ross Mirkarimi in District 5, and David Chiu in District 3. And as he makes more supervisorial endorsements in the coming months, Leno told us, "I will be fighting for progressive voices."

Sarah Phelan contributed to this story.

And so it begins

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› sarah@sfbg.com

Mayor Gavin Newsom chose a telling site for the June 2 release of his budget: the San Francisco Police Department’s Special Tactical Operations Center at Hunters Point Shipyard. And if its relationship to Proposition G, the mayor’s plan to let Lennar Corporation develop the southeast part of the city, wasn’t clear enough, Newsom made it explicit.

"You’ll have the opportunity to support Proposition G and reject Proposition F, the one that is getting in the way," Newsom told department heads and the press as police, who warned budget protesters that it is illegal to campaign on city property, looked on in silence. It is also illegal for the mayor to campaign for ballot measures on city property.

In his speech, Newsom labeled as the "heroes" of this year’s budget the unions that have agreed to unpaid days off, including the Laborer’s Union, the Deputy Sheriff’s Association, Firefighters Local 798, and the Municipal Executives Association. Conversely, he vowed to remember that the police, nurses, and lawyers unions wouldn’t amend the contracts Newsom negotiated last summer.

Sounding more like a gubernatorial candidate intent on winning over Orange County voters than the leader of the most progressive city in the nation, Newsom said, "We are living within our means and being fiscally prudent, without out-of-control borrowing and without tax increases. But we still have a $338 million shortfall."

But there has been widespread criticism of the mayor’s plan as details emerge of its massive cuts to health and human services, while increasing the city’s budget for street repaving, pothole repair, and police academies.

"It’s the least democratic, least transparent budget process in many years, in terms of lack of information from the Mayor’s Office to the city departments and the community-based organizations that are affected," said Coleman Advocates for Children and Youth organizer Chelsea Boilard. "In the past, programs were given a heads-up. This year it continues to be a frantic scramble."

According to Boilard, city departments were still finding out the extent of the cuts even after Newsom made his presentation, including the news that the budget addbacks approved by the Board of Supervisors last year are not being continued in the 2008-09 budget.

"A nightmare," was how Debbi Lerman of the San Francisco Human Services Network described the budget.

"If we listen to mayor’s presentation, everything is rosy, revenue-wise. It’s just a spending problem. But from the community’s perspective, it’s shocking," Lerman said, citing $15.5 million in cuts to the Department of Public Health, $3.5 million in cuts to the Human Services Agency, and a 20 percent cut to domestic violence programs.

"And [the cuts] have been a constantly moving target," Lerman added. "We’re mere weeks away from the implementation of this budget, but no one knows which clients, programs, or services will be lost, though we are sure that there will be a lot of layoffs in our sector. The mayor should not balance his budget on the backs of the poor."

She believes the city needs to look at some non-essential services during a bad budget year and see what can be deferred to the future — and find ways to increase its revenue.

"The mayor is not a stone. He does get it to some degree. But it’s unfortunate that he’s not chosen to put forth revenue measures at this point," Lerman said.

Robert Haaland of Service Employees International Union Local 1021 agrees that the city has a revenue problem. He also believes that it’s not OK to ask the city’s lowest-paid workers to make concessions, again and again: "[SEIU 1021] has repeatedly stepped up to the table, we’d like to see some others do it."

Jonathan Vernick, executive director of Baker’s Place, which is facing the prospect of having to close one floor of its medical detox program, argues that many of the mayor’s proposed cuts are in conflict with Newsom’s stated goal of getting the homeless and inebriated off the street. "Ironically, this budget seems to fail to meet a simple criteria — that the proposed cut actually saves money," Vernick said. "All I can see is cuts that by end of fiscal year will have dismantled a system that’s been working for 35 years."

John Eckstrom of the Haight Ashbury Clinics believes the budget cuts will decimate the model of integrated services. "These are very deep cuts," said Eckstrom, who expects to lay off 40 to 50 of his 170 employees.

"It’s a testament to the willpower of the nonprofits that we are able to stay alive," Eckstrom said. "But what are the mayor’s priorities? There’s his rhetoric that says it’s not a revenue problem, and then there’s the reality."

With the Board of Supervisors set to conduct public budget hearings throughout June, Board President Aaron Peskin sees Newsom’s proposal as a "law and order budget."

"Domestic violence programs have lost $750,000 in funds, substance abuse programs have been taken to the woodshed, and mental health programs are being cut by 25 percent," said Peskin, criticizing the mayor for "introducing and extolling new programs while failing to protect the safety net of human and health services that San Francisco has put together over many years."

"Last time we had a budget like this, Mayor Willie Brown was much more forthright and honest about its disastrous impact on the poor," Peskin added. "This administration has cloaked this disaster in a press blitz. But any way you dress it, it’s a pig."

As chair of the Board’s Budget and Finance Committee, Sup. Jake McGoldrick was equally blunt in his criticisms as he set about deciphering the details of Newsom’s proposal

McGoldrick refuted as "a deception" Newsom’s claim of having cut 1,085 jobs. "The real number is 99.08 positions," McGoldrick said, factoring in preexisting vacancies, Newsom’s three proposed police academy classes, and the 26 staff positions for Newsom’s 311 program, not to mention other new proposed programs and initiatives.

Upset that Newsom has budgeted $500,000 for a Community Justice Court that will divert people to the kinds of programs that Newsom’s budget is undermining, McGoldrick told the Guardian that he "aims to identify at least $30 million to $40 million in deceptions and redirect these funds to top priority human needs and services that are already woefully underfunded."

"The mayor is trying to pump all the problems over to the Board of Supervisors," McGoldrick said. "It’s going to be a labor of love to figure out how to direct money to folks who are hurting now."

Peskin said he expects the supervisors to discuss three new revenue proposals in the next month in order to avoid another slash-and-burn budget next year. These proposals include a property transfer tax, closing a payroll tax loophole on partnerships, and preserving the city’s 911 fee, which is under legal attack.

As of press time, the Mayor’s Office had not returned calls about revenue creation. Maybe Newsom’s handlers were busy figuring out how to deal with a budget protest slated for 6 p.m. June 11 outside the his residence in the Bellaire Tower building, 1101 Green St.

Organized by Jennifer Friedenbach, executive director of the Coalition on Homelessness, the protest aims to draw attention to what Friedenbach calls "Mayor Newsomator’s plans to terminate the poor."

These plans include closing the Ella Hill Hutch Homeless Shelter as well as the Tenderloin Health Homeless Drop-in, and the almost total elimination of the SRO Families United Program. The Board has until July 31 to adopt a revised budget.

Uh-oh: Lennar’s $25 million shipyard funding gap

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Sup. Chris Daly wants an immediate hearing into the fiscal health of Lennar’s construction project at Hunters Point Shipyard, (you know, the one where they repeatedly messed up the asbestos dust monitoring).

Daly made his request at the June 10 Board of Supervisors meeting, following the discovery that the San Francisco Redevelopment Agency has applied for, but has so far been denied, a $25 million grant to subsidize infrastructure costs at the site.

The agency filed its grant application with the California Department of Housing and Community Development in April 2008. During that same period, Lennar spent an estimated $5 million to successfully persuade voters to support Proposition G, which will allow Lennar to develop luxury condos at Candlestick Point, as well as at the Shipyard.

(At the last minute, Lennar appeared to sweeten Prop.G’s terms, by negotiating a community benefits deal with the San Francisco Labor Council, including promises of 32 percent affordable housing and job creation investment. But tthe deal stretches the definition of “affordable” to way above what your average Bayview Hunters Point resident earns. And it only becomes legally binding, if, and when, something gets built at Candlestick/Hunters Point.)

Holding up a big fat binder, stufed with spreadsheets, financial data and grant applications, Daly read aloud to his fellow supervisors from documents that suggest that there is a serious financial shortfall at the Parcel A site, where Lennar graded an entire hillside in preparation for developing a 1,500 unit condominium complex.

“This raises questions about Parcel A and the mixed use project,” said Daly, citing from documnents that claim that the receipt of gap funding, “will restore the ability of the SFRA and the Developer to continue the development.g

As the agency’s own grant application states, “The Gap Funding in the amount of $25,021,079 provided by the infill infrastructure grant will enable the San Francisco Redevelopment Agency and the land master developer to continue the development of the Shipyard.”

“The infill infrastructure grant will be instrumental in moving forward the Capital Improvement Project in light of exisiting market conditions and increased construction costs.”

“Without the receipt of the grant, it will face delays in the timing of the completion of the infrastructure and creation of much needed parks.”

Hmm.

Daly’s cache of documents also reveal that the Shipyard Legacy Fund has shrunk from $30 million to $5 million. This raises serious doubts about the City’s ability to deliver on a list of promised community benefits at the Shipyard.
According to the SFRA’s own documents, “The Legacy fund is charged with reinvestment of the Agency’s proceeds from net land sales back into the BVHP community with an emphasis on employment, housing and financial/asset development, youth development, elder services, arts/culture & recreation and environment/safety.”

Stay tuned.

Interfaith demonstration challenges Newsom to remember homeless

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By Marianne Moore

At the foot of the rotunda stairs in City Hall, a young bride in a short white dress shifts her weight from side to side, holding a bouquet of bright yellow lilies. Maybe she’s watching intently as the solemn procession of roughly 120 clergy and activists winds slowly up the steps and towards the bronze bust of Harvey Melk. Or maybe she’s just annoyed at being made to wait.

religiouswitness2a.jpg

The demonstration, which began in the South Light Court at 10:30 on Thursday, June 5, was organized by Religious Witness for Homeless People, an interfaith organization that pushes for policy change on behalf of San Francisco’s homeless. Though Religious Witness has been responsible for hundreds of actions during its 15-year existence, including a much-publicized 1996 campaign to preserve the Presidio’s Wherry housing for low-income tenants, today’s protest was specifically directed at the ongoing budget process. The city is facing a $338 million dollar deficit, and Mayor Newsom is expected to balance the budget by cutting city funding to key service organizations. “The proposed budget is a disaster for San Francisco’s homeless,” said Sister Bernie Galvin, the founder of Religious Witness and a Catholic nun. She cited the 137 documented homeless deaths in San Francisco in 2007, suggesting that if the mayor and the board of supervisors cut crucial services, homeless deaths could rise this year.

The demonstrators processed through the corridors of city hall, singing softly, past signs reading “Silence: meeting in progress.” The procession halted outside the office doors of each of the city’s 12 supervisors, and each time Sister Bernie rapped loudly on the glass. As the door opened, retired Catholic priest John “Fitz” Fitzgerald spoke each supervisor’s name loudly, and the crowd responded in unison: “we call on you to remember that our moral compass always points in the direction of compassion.” Sister Bernie presented the supervisor with a plaque (usually accepted with an embarrassed smile by an aide) and the slow marching and singing resumed, punctuated by the sound of the heavy wooden doors slamming shut. When the demonstration reached the office of Gerardo Sandoval, the 11th district supervisor, a grinning Sandoval joined the procession, chatting with the clergy, shaking hands and clapping backs. “I’m with you one hundred percent,” he said, addressing the crowd.

Beyond the budget spin

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OPINION Local government is frozen. The mayor’s office and the Board of Supervisors have been engaged in open warfare for months. This week, Mayor Gavin Newsom announced that in order to balance San Francisco’s budget, city services and community-based organizations will have to undergo draconian cuts.

In a preemptive move against embarrassing protests, the mayor’s press office did not reveal the location of the annual budget presentation to the news media until late Friday afternoon. Even the supervisors, who will be debating and voting on the budget during the month of June, were left in the dark until then.

While the mayor didn’t blame city workers for the financial crisis, he did suggest that Service Employees International Union Local 1021, which represents the low-wage, frontline, service-providing city workers, should "help out."

Well, we have. SEIU members stepped up to "help out" in fiscal years 2003–04 and 2004–05 by agreeing to wage freezes and self-funding our pensions. All the recent midyear cuts were in public health agencies and among SEIU-represented nonprofits.

Most recently we stepped up by helping draft and vigorously campaigning to pass Proposition B, which freezes city workers wages for two years and tightens eligibility for retiree health care benefits in exchange for a modest increase in city pension benefits.

The mayor’s budget director repeatedly has said that this is a spending problem, not a revenue problem. Talk about spin.

Moreover, in his June 2 budget presentation, the mayor made no mention of raising revenue as an answer to our fiscal problems. You could almost hear Gov. Schwarzenegger’s voice as Newsom presented a slash-services budget with a "no-new-taxes" slogan waiting in the wings for his next campaign.

Everyone knows it’s expensive to live in San Francisco. Paying city employees a wage that allows them to stay in the community they serve isn’t a budget "problem." It ought to be a basic part of what City Hall does and cares about. And if that means looking at bringing in new sources of money, we should have that conversation.

We believe there are various revenue sources that make more sense to explore than some of these service cuts, including a real estate transfer tax increase for high-level properties.

Fortunately, the mayor’s proposal is just a starting point. Soon we will be proposing specific alternatives.

Toward that end, the San Francisco Human Services Network and Coleman Advocates for Children and Youth have organized a citywide forum on the mayor’s proposed budget cuts. SEIU 1021 is cosponsoring this event. The San Francisco budget and revenue town-hall meeting will be held June 9 from 2-4 p.m. in the San Francisco Main Library’s Koret Auditorium, 100 Larkin (at Grove)

Don’t get angry. Get organized.

Robert Haaland

Robert Haaland is a longtime San Francisco activist who works for Local 1021.

A fall revenue measure

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EDITORIAL If you think the June ballot was busy, wait until November. San Francisco will be electing six district supervisors. The mayor and organized labor are going to be pushing the mother of all bond acts, roughly $1 billion to rebuild San Francisco General Hospital. There’s likely to be a public power charter amendment mandating that the city mount a real effort to take over the electric grid. There will probably be a major affordable-housing initiative that includes a set-aside for low-income housing and perhaps some affordable-housing bond money. It’s shaping up as an election that will change the city’s direction for years to come — but there’s still a crucial piece missing.

There’s no money.

Public power will, of course, generate vast amounts of new revenue, but not immediately: the process of setting up the system and fighting Pacific Gas and Electric Co. in court could drag out for several years. That, of course, is all the more reason to get started — if the city had done this years ago, we wouldn’t have a budget crisis today.

But in the meantime, right now, San Francisco needs cash — and there needs to be a November ballot measure that brings in new revenue to pay for more affordable housing and to save the services Mayor Gavin Newsom is cutting.

It’s tough to pass new taxes in California. Most of the time, state law mandates a two-thirds majority vote by the people to enact any new form of taxation. But it’s a bit easier when the supervisors are up for election; on those ballots, the threshold is only 50 percent. And with at least four tightly contested supervisorial races bringing out voters, labor bringing out the troops for the General Hospital bond, and the Democratic Party pushing to get voters out for Barack Obama, the turnout should be excellent.

So if there’s ever a good time to try to pass a tax measure, November 2008 ought to fit the bill.


All sorts of tax proposals have floated around City Hall in recent years and some of them — for example, a higher real-estate transfer tax — were defeated at the ballot. Some groups will oppose any tax proposal, and it’s hard to find constituencies that want to work hard for higher taxes.

So the key to crafting a revenue measure is to ensure that it’s as progressive as possible, and that it takes into account the concerns of those small businesses and homeowners who aren’t rich and can’t afford huge new levies. We see two good options:

1. A city income tax. This hasn’t been seriously discussed since the 1980s, but it ought to be. California law bars cities from collecting traditional income taxes — that is, San Francisco can’t tax the incomes of everyone who lives here. But in 1978 the state Supreme Court ruled that cities can tax income earned from employment in the city. The upside is that a San Francisco employment income tax would hit commuters, a huge group who use city services and don’t pay for them. The downside is that people who live here but work, say, in Silicon Valley would escape the tax.

But overall, income taxes are the fairest method of collecting revenue, and a city tax could be set to hit hardest on the wealthiest. The city could exempt, say, the first $50,000 of earned income, levy a modest (say, 1 percent) tax on the next $50,000, then increase the marginal percentage so that people with enormous salaries pay as much as 2 or 3 percent.

The beauty of this: most of the people who paid the top-end income tax would simply write it off their federal income taxes — meaning this would be a direct shift of cash from Washington DC to San Francisco. And it would come primarily from people who have already received a huge tax windfall from the Bush administration.

Yes, some people would cheat. Some businesses would try to claim their employees all really worked out of a satellite office in another city. But New York City has a municipal income tax. So does Philadelphia. They manage to deal with the cheaters. The supervisors at least ought to consider the idea.

2. A new business tax. Almost everyone agrees that San Francisco’s business taxes are unfair. The city places a flat tax on businesses — a small merchant pays the same percentage as a giant corporation — and some partnerships, like law firms, get away with paying no city taxes at all. The best way to fix that may be to create a single, progressive business tax (probably on gross receipts), with no loopholes, that exempts the first $100,000 or so and actually lowers the levy on small businesses while significantly raising it on big ones. Most small businesses would get an actual tax cut while the big guys would pick up the tab.

Together, a tax package like this could bring in the $250 million a year or so the city needs — and some of the money could go to cutting, say, Muni fares or reducing the sales tax so working-class San Franciscans would pay less.

Almost everyone at City Hall knows the current tax system is unfair, regressive, and inadequate. We’ve been calling for the supervisors to do something about it for years now. November 2008 seems like an excellent time.

Leno celebrates tough win

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Lime on Market Street near Castro was crowded with Mark Leno supporters when the candidate took the microphone just before midnight. He had already taken the concession calls from Carole Migden and Joe Nation and was primed to celebrate his victory over an incumbent senator, whom Leno supporter Bevan Dufty had just taken a couple subtle digs at as he introduced Leno, suggesting that Migden didn’t listen to her constituents or play by the rules.
Leno then gave a speech that demonstrated the unique package of issues, enemies and allies that he has turned into a winning coalition. “Tom Ammiano, it’s gonna be a helluva lot of fun serving with you,” Leno said of the man who will succeed him with his endorsement. “I just heard Prop. E passed,” Leno continued, referencing the measure that will submit the mayor’s SFPUC appointments to Board of Supervisors approval. “As an early supporter, I was happy to see that.” That stand was already a hopeful sign of his independence from Mayor Gavin Newsom and PG&E, but then he really went after the company, which had funded a hit piece mailer by a group calling itself Californians to Protect Children, trotting out some old sleaze about Leno being soft on pedophiles because he resisted right wing efforts to capitalize on crime fears.
“When you attack one gay man like this, you attack all gay men,” Leno said. “All gay men should be outraged with PG&E tonight.” He thanked Dennis Kelly of United Educators of San Francisco for giving his campaign early credibility. Then Leno returned to the LGBT community, promising to heal the rift his challenge of Migden opened by leading the fight against the fall ballot measure that would ban same sex marriage. “I invite you to join together to defeat the religious right,” Leno said.
He then thanked a long list of leaders who endorsed him, from Mayor Gavin Newsom and House Speaker Nancy Pelosi to District Attorney Kamala Harris and former SFPUC director Susan Leal to members of the late night entertainment community, which rallied for Leno with signs on nightclubs all over town. And then he thanked his campaign consultants, the downtown darlings BMWL, affectionately naming a list of people from there and saying of the campaign they created: “It was clean, it was smart, it was effective.”
And Leno’s final name check was to the presidential candidate he supports, who also had a good night: “The winds of change are blowing tonight. Let me congratulate Barack Obama on his victory.”

Cal-ISO totally changes tune on power plants

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Oh my. For all you folks that have been following the controversy around building new power plants in San Francisco, it just got even better.

Mayor Gavin Newsom sent a letter to the Board of Supervisors today outlining a “more promising way forward than the current proposal” to build two natural gas-burning “peaking” power plants in the city.

The way forward: retrofit three existing diesel turbines at the Mirant-Potrero Power Plant, while at the same time shutting down Unit 3, the most polluting part of the power plant, as soon as the Transbay Cable comes online.

“On Friday, May 23, Ed Harrington [General Manager of the SFPUC], City Attorney Dennis Herrera and I met with president of Cal-ISO – Yakout Mansour, the chairman of the CPUC – Mike Peevey, the CEO of Mirant – Ed Muller, the CEO of PG&E – Bill Morrow, and our respective staffs. In this meeting we vetted the possibility of retrofitting the diesel turbines [currently owned and operated by Mirant] and asked each stakeholder to give us the necessary commitments to advance this alternative,” Newsom wrote to the Board.

For anyone who’s been closely following the nuances of this argument, this is a significant change in position from the California Independent System Operator [Cal-ISO], and it should be noted that it took — not just the Mayor sitting down at the table — but top dogs from PG&E and Mirant (who both stand to lose money by the city building its own power plants), as well as the CPUC’s Peevey, who’s never expressed a positive opinion about the true need for more power plants in the city.

Now, suddenly, Cal-ISO is departing significantly from all previously expressed demands that we build power plants.

The background: The state, through Cal-ISO, has for the last several years insisted that San Francisco needs 150 megawatts of peak electricity at the ready. We currently get this from Mirant-Potrero, but Unit 3 of that facility has a bad rep as the greatest single source of pollution in the city. People in the Bayview neighborhood, which have carried more of their fair share of pollution, have been waiting a long time for the plant to close. Stakeholders have been meeting for over seven years, working on ways to close the plant, and much of the leadership on the issue has come from Sup. Sophie Maxwell, who represents the Bayview district.

Cal-ISO has insisted that the only way to close Unit 3 is to build new peakers, which would be owned and operated by the city, run cleaner and more efficiently, and still supply that 150 MW of peak power. Even when the 400 MW Transbay Cable was approved, Cal-ISO insisted San Francisco would still need the peakers.

But in a June 2 letter, Cal-ISO suddenly had a different response for the Mayor.

Mayor’s plan for changing homeless shelters

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At today’s Local Homeless Coordinating Board meeting, Mayor Gavin Newsom’s homelessness “czar,” Dariush Kayhan, briefed the group on new ideas for improving city-funded shelters that he and the mayor have been hashing over.

There were just a few, and most of them seem like they need coordination more than cash, but they all answer, to some extent, some of the calls for help that have been coming from the city’s homeless shelter system.

All of this comes from a Feb. 14 announcement by Mayor Newsom that he’d like to redesign the city’s shelters, (the day after SFBG published an expose on conditions inside.) At the announcement, Newsom discussed possibly consolidating shelters into larger facilities, offering more medical respite care, and bringing Project Homeless Connect into the shelters. Ultimately, he called on the people working in San Francisco’s homeless services industry to come up with for how to make shelters better.

Since then, a series of long, comprehensive meetings have been held to gather ideas from homeless people, shelter clients and employees, non-profit groups, medical and mental services providers, and advocates. Meetings were held at shelters and other places convenient to the homeless population (though at all the meetings I attended there was a lot of criticism that the forums weren’t drawing in enough actual homeless people.) Topics tackled included problems accessing the shelters and the quality of medical and other support services — and suggestions were plenty. The Local Board pulled together a report, outlining the most frequent, concrete, and consensual, the most repeated being: don’t reduce the number of beds. (Too bad: The Human Services Agency cut the shelter at Ella Hill Hutch from their budget, which means, as of June 30, 100 fewer mats will be available every night unless advocates rally the Board of Supervisors to put the funding back.) The other biggest cry was for more services in general, made more easily accessible, and a number of really smart ideas came out for how to do that and are included in the report [PDF].

Kayhan said he and the Mayor would be putting together an official response to the report with more concrete details of their vision. In the meantime, he threw a few ideas to the meeting.

They include:

Mayor uses Shipyard to announce budget, Monday

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It’s 4 PM on a Friday afternoon, that hour when most employees are counting the seconds to the weekend—and wishing that Monday morning wasn’t only 65 hours away.

But does the Mayor’s Office know what time it is?

And if so, why have we only just found out that Mayor Gavin Newsom is planning to make his Monday morning budget announcement, at 10: 30 am, June 2, at the Hunters Point Shipyard?

The announcement will be made at
View Larger Map“>606 Hunter’s Point Shipyard.
(Unless, Newsom is planning a repeat of his disappearing Olympic Torch stunt.)

The location happens to be the San Francisco Police Department’s Tactical Operations center. Press are being asked to present press credentials for entry.

Could it be that this announcement is being made at the very last minute because the choice of location gives Newsom the appearance of impropriety? Newsom backing Prop.G on the June 3 ballot, the measure that developer Lennar has spent over $3.5 million in an effort to grab even more of San Francisco’s waterfront real estate, adding highly desirable land at Candlestick Point to the shipyard’s wastelands, so it can develop even more luxury condos?

Or could it be because he didn’t want to tip of supporters of Prop. F, the competing measure on the June 3 ballot that requires that 50 percent of development in the Bayview is affordable to people who actually live there—households that tend to make $68,000 and under and can’t afford to buy $500,000 condos and million-dollar townhouses?

Whatever the reasons, the running dogs of the press weren’t the only ones left in the dark about the budget locale.

No one on the Board of Supervisors was informed until 4PM, Friday afternoon, either. That’s when a mayoral aide came by the office of Sup. Ross Mirkarimi, who sits on the Board’s Budget and Finance Committee, to deliver the news of this hitherto top secret location.

Normally, Board members get an invitation at least 10-14 days beforehand.

Mirkarimi calls the move “highly unorthodox and outrageous.”

“What’s really unforgivable is that we are facing the worst budget deficit in San Francisco’s history,” Mirkarimi said. “The Mayor needs to be fostering collaboration, and enlisting the support of everyone he can, especially those who have influence on the budget process. It’s unfortunate that the casualty in all this is our desire to work together.”

Assessing the deal

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› sarah@sfbg.com

Mayor Gavin Newsom stood with San Francisco Labor Council executive director Tim Paulson, flanked by Sup. Sophie Maxwell and representatives from megadeveloper Lennar, the San Francisco Organizing Project, and the Association for Community Organizations for Reform Now (ACORN) May 20 to announce "a historic community benefits agreement."

Lennar had been persuaded to promise more affordable housing and other giveaways in order to win some important new endorsements in their troubled bid to take control of Candlestick and Hunter’s points and cover them with about 10,000 new homes.

"This is a very big deal," Newsom said, plugging the Lennar-financed Prop. G and bashing Sup. Chris Daly for his leadership of the campaign to qualify Prop. F, which would require that half the new units be affordable to households making less than $75,000, a requirement that Lennar casts as a deal breaker.

"Prop. F is a pipe dream that guarantees you only one thing: what you already have," Newsom said. "We have to get the message out what a Trojan horse Prop. F is." Lennar’s top local executive, Kofi Bonner, added that the agreement "enables us to go forward, because now we have new allies."

The Labor Council’s ability to invigorate a campaign makes it an important ally. Yet Lennar’s giveaway of more than it had previously promised and the fact that the agreement comes just two weeks before the June 3 vote seem to indicate that the Prop. G supporters have grown desperate.

Lennar already has spent $3.26 million to promote Prop. G and oppose Prop. F, only to find polls showing Prop. F well ahead despite a campaign that has raised less than $10,000. The weak poll numbers clearly convinced Lennar and its backers in the political power structure that voters would be more likely to support Prop. G if Lennar came up with something that seemed legally binding.

But by supporting a deal that appears to pin down Lennar on levels of housing affordability and community investment, Newsom ironically seems to be validating the concern of Daly and Prop. F’s other backers that Prop. G lacks guarantees on these fronts (see "Promises and reality," 04/23/08).

Not even Newsom could deny that Prop. F’s presence on the political landscape pushed Lennar to seek a community benefits agreement with the Labor Council and ACORN, a group that had been a solid part of Daly’s affordable-housing constituency.

"It probably has," Newsom told the Guardian. "That said, I don’t think Prop. F should suggest the deal is better because of them. Perhaps it’s worse."

Daly dismissed Newsom’s attacks as more attempts to hurt Prop. F’s popularity by trying to attach it to Daly’s personal negatives. Daly also attacked the agreement as overstated in its promises and impossible to enforce.

"I really don’t know if there is any net gain from one deal to the next," Daly said. "And how is it enforceable? We’re not sure anything legally binding is on table now. If there was a development agreement then obviously we would have some surety, as we would if we had a development plan that had cleared the approval process — Lennar’s financial vulnerabilities notwithstanding."

Noting that the city has had "bad luck with big order projects before," Daly recalls how Lennar reneged on building rental units at the Shipyard’s Parcel A, where the developer also failed to properly monitor and control asbestos dust despite promising to do so.

The agreement, which doesn’t include the city or any government agency as a party, is certainly unconventional. But is the deal legally binding? And just who benefits from it?

The CBA purportedly commits Lennar to create 31.86 percent "affordable" housing units in the Bayview, contribute $27 million to provide affordable homes throughout District 10, rebuild the Alice Griffith public housing project, and give down payment and first-time homebuyer assistance on another 3 percent of the homes.

All told, Paulson claims the deal locks in an unprecedented 35 percent affordable housing into Lennar’s mixed-use proposal for the Bayview. The deal also obligates Lennar to invest $8.5 million in workforce development in District 10, hire locally, pay living wages, and allow worker organizing with a card check neutrality policy.

"This legally binding agreement is a way we can insure that our community gets the benefits it needs," said SFOP co-president and longtime Bayview resident Eleanor Williams.

Paulson said May 22 the deal is still being "lawyered up" to ensure its enforceability, and ACORN’s John Eller insists the deal was done with community input. "We have had numerous meetings in which the community was demanding accountability and clear commitments to the workforce and housing, including the possibility of home ownership," Eller told the Guardian.

But Julian Gross, director of the San Francisco–based Community Benefits Law Center, clarifies that the deal only becomes legally binding if Lennar builds a mixed-use project in Bayview/Candlestick Point. "A community benefits agreement gives people a way to work in a coalition," said Gross, who helped negotiate CBAs at Oakland’s Uptown and Oak to Ninth projects, and at Lennar’s development in San Diego’s Ballpark Village in 2005.

Michael Cohen, director of the Mayor’s Office of Economic Workforce and Development, said the city hopes to enter into its own legally binding agreement with Lennar over a mixed-use project by the end of 2009, once environmental reviews on the project are completed.

Given that the project is expected to take 12–15 years to complete, could Lennar change the CBA’s terms after it starts to develop the Bayview? Yes, says Donald Cohen of the San Diego–based Center for Public Policy Initiatives, but only if both sides agree to any changes.

"In a private deal between private parties, those parties can agree to change the terms of the deal at any time," Cohen explained.

That’s significant given the divisions over development within the Labor Council. As Paulson confirmed, the building-trade unions were pushing for outright endorsement of Prop. G and opposition to Prop. F, but he successfully pushed for the negotiations with Lennar, which lasted more than eight weeks and almost broke down several times, Paulson told us.

"I told them, I don’t think that’s where we are coming from because Prop. G doesn’t contain guarantees on affordable housing or jobs," Paulson said of his initial response to Prop. G supporters.

The agreement appears to stretch the definition of "affordable housing," reaching up to those earning 160 percent of area median income, which is essentially market-rate housing for the low-income southeast sector.

Prop. F supporter Alicia Schwartz of People Organized to Win Employment Rights said that what labor’s deal with Lennar means is that only 15.6 percent of the housing will truly be affordable to the folks who currently live in the Bayview. While "3,500 units sounds good," Schwartz observed, "Only 50 percent of them will be for families making 60 percent and less of area median income, while the other 50 percent are for 80 to 160 percent AMI. That means $500,000 condos, which 70 percent of the Bayview can’t afford."

Yet Cohen said it’s understandable that the Labor Council crafted a deal that caters to those with above-average incomes.

"Affordable-housing policies over the last 10 years have tended not to address the needs of many of their members," Cohen said. "Many families make more than $64,000, so they can’t qualify for affordable housing, but don’t make enough to buy. This provides a fantastic and large-scale opportunity to address the problem of the squeezing of the middle class in San Francisco."

Public records obtained from the Mayor’s Office show that prior to this latest deal, Lennar planned to build up to 75 percent market-rate housing at the site, including hundreds of million-dollar townhouses, thousands of high-rise units at $787,483, mid-rise units at $734,400, townhouses at $651,366, and low-rise units at $592,797.

But under the CBA, the top tier of condos that Lennar deems "affordable" cost about the same as the cheapest market rate units it had already planned to build, leaving only 1,566 rental units at rates truly affordable to San Francisco’s low-income workers.

Paulson believes the resulting agreement "ensures that residents, workers, tenants, and future homebuyers have a path to new jobs and housing." He also claims that it is tied to the land, "meaning that it would be transferable to other developers if Lennar pulls out."

Joseph Smooke, executive director of the Bernal Heights Neighborhood Center, said he believes the jobs agreements labor negotiated are good. "It’s the housing stuff where they gave away the store," Smooke said. "Why didn’t they stick to the jobs piece and support Prop. F?"

Pointing to the Board of Supervisors’ passage of policy saying that 64 percent of housing in eastern neighborhoods should be targeted at 80 percent of AMI and below, Smooke added, "There are ways to make 50 percent affordable work. This is free land. It’s not rocket science. But is it city policy to protect a developer’s stated desire for 18 to 22 percent profit?"

Meanwhile, Schwartz hopes SFOP and ACORN are being accountable to their base of low-income workers. "Lennar would like to tell you that if Prop. G doesn’t pass, nothing happens. But in reality, the community’s plan stays, plus now there is a 50 percent affordable-housing requirement," Schwartz said. "That’s a win-win."

"For Newsom and Lennar to say that Prop. F is a poison pill — the irony is not lost on the Bayview," Schwartz added, recalling the city’s failure to hold Lennar accountable for its promises and misdeeds. "We’re looking to change the way business is done in San Francisco." *

Ongoing threat

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› amanda@sfbg.com

The debate over city plans to build and own two combustion turbine power plants, a project Mayor Gavin Newsom has made a last minute effort to alter, shows that public power — and Pacific Gas & Electric Co.’s fear of it — is still a significant issue at City Hall.

Newsom, a past advocate of the project, pulled the plug on its progress May 13. The proposal for the natural gas–fired power plants to handle peak energy demand (called "peakers") was up for approval at the Board of Supervisors until Newsom requested a one-week continuance.

Christine DeBerry, the mayor’s liaison to the board, told supervisors the mayor would use the time to aggressively pursue better options than the peakers, even though it’s an item that spent eight years on the planning block and was approved by the Newsom-appointed San Francisco Public Utilities Commission.

"What can be aggressively pursued in the next week that hasn’t been aggressively pursued in the last few years?" asked Sup. Chris Daly, one of the four supervisors publicly opposed to the plan, questioning DeBerry on why the mayor and his SFPUC hadn’t put forth the best energy project.

"The mayor engaged in a full exploration of the options over the last several years," DeBerry said, but wants to ensure the city is considering all options.

"Are you anticipating there’s going to be a new technological breakthrough in the next several days?" Daly asked before casting the lone vote against granting the continuance. As of the Guardian‘s press time, the plan’s hearing was scheduled for May 20, but sources said June 3 would be more likely. Newsom Press Secretary Nathan Ballard would not confirm whether another continuance would be requested or discuss what alternatives the mayor’s office is pursuing.

But it appears that the new technological breakthrough being pursued by the mayor’s office is actually a retrofit of an older, existing power plant in Potrero Hill, owned by Mirant Corp.

Sam Lauter, representing Mirant on the issue, said the company has been answering questions about a retrofit from diesel to natural gas for its three turbines. Mirant already agreed to close the older natural gas units at its Potrero plant once the $15 million contract, which requires the plant to maintain the reliability of the power grid, is pulled by California Independent System Operator (Cal-ISO). Lauter also said Mirant’s redevelopment of the site for commercial use would still happen if the board decides a retrofit of Mirant is a better deal than building city-owned power plants.

As of the Guardian‘s deadline, no sources could provide any solid numbers on what a retrofit would cost and if pollution would be more, less, or equal to what the city anticipates from the peakers. But, Lauter told us, "The cost is considerably less than the cost of the peakers."

The contract with Cal-ISO could mean that the costs of retrofitting the diesels would be passed on to ratepayers. As for the pollution, Lauter said it’s not an easy answer and depends on how often the units have to run: "It’s not exactly correct to say they’d be less polluting, and it’s not exactly correct to say they’d be more polluting."

Barbara Hale, SFPUC’s assistant general manager of power, agreed there are still many uncertainties about retrofitting Mirant, including permits for the plant, restraints on how much it could operate, exactly how much it would pollute, and if it would even meet Cal-ISO’s demand for 150 megawatts of in-city generation. "I’m told by engineers that when generators go through a retrofit, often their megawatt capacity goes down," Hale told us. Each Mirant diesel unit currently puts out 52 megawatts.

As for other options Newsom requested from the agency, Hale said they’re exploring how to get more demand response and efficiency from the existing grid.

That suggestion comes from Pacific Gas and Electric Co., which actively opposes the city’s peaker plan and sent representatives to meet with Newsom’s staff May 5 (while Newsom was in Israel with Lauter, who said the two did not discuss Mirant or the peakers while overseas), shortly before he sought the delay.

PG&E spokesperson Darlene Chiu confirmed the contents of the proposal as presented to the mayor’s staff, which includes ways to eke more from the grid as well as a new transmission line between two substations.

Tony Winnicker, spokesperson from the PUC, said of PG&E’s plan: "We absolutely support each of these projects, think they’re long overdue improvements to the city’s transmission reliability, and hope they are committing the necessary funding to begin and complete them."

He added that there is little in the plan that differs from a past PG&E proposal that Cal-ISO rejected — except the new transmission line. But, he said, its target completion date of 2012-13 was "very ambitious, given that they haven’t even started the permitting."

PG&E’s Chiu, a former spokesperson for Mayor Newsom, didn’t respond to a question about the time frame for such a project, nor did she comment on whether PG&E considers the city’s ownership of the peakers a threat to its jurisdiction.

She didn’t have to. While City Hall scrambled to come up with an alternative that hasn’t been vetted during the last eight years of community meetings, city studies, and negotiations, PG&E was telling its shareholders that the threat of public power is alive and well.

At the May 14 annual meeting of PG&E investors, held at the San Ramon Conference Center, CEO Peter Darbee assured the assembled, "I, too, am concerned about municipalization and community choice aggregation."

He was responding to a criticism from an employee and member of Engineers and Scientists of California Local 20, who said PG&E shouldn’t be contracting outside the company because it created an experienced proxy workforce ripe for employment by another entity, like a municipality, that would be a threat to PG&E’s jurisdiction.

In responding, Darbee recalled the recent efforts in Yolo County, where the county attempted to defect from PG&E and join the Sacramento Municipal Utility District. "Peter, it’s half-time, your team is down, you better get directly involved with this," he said of the potential loss of 70,000 customers. The company mustered 1,000 employees to volunteer their time, walking from house to house and knocking on doors, prior to the November 2006 vote. "I was one of them," he said. "That vote went overwhelmingly in favor of PG&E."

Beyond knocking on doors, PG&E dropped $11 million on the campaign, outspending the competition 10 to 1.

But Darbee said it was a real victory in a state like California. "There’s always been in the water a desire for public power," he said, adding that 30 percent to 40 percent of the population approves of municipally-owned utilities.

Customer service, Darbee went on to say, is the best defense against threats to PG&E. And for the past two years, PG&E’s corporate strategy has been focused on that. To that end, its ranking in an annual JD Power customer satisfaction survey rose from 51 to 43 last year for the residential sector, and from 46 to a lofty second place for business customers.

But the JD Power survey also ranks municipal utilities, and 2007 results show PG&E was outpaced by three municipalities — the Salt River Project, the Los Angeles Department of Water and Power, and the Sacramento Municipal Utility District, which also took the highest ranking in the nation. *

Disclosure: Amanda Witherell owns 14 shares of PG&E Co. common stock.

We do

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› steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

The peakers vs. Mirant

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EDITORIAL In the late 1960s, the Sacramento Municipal Utility District made a terrible decision and began building a nuclear power plant. Rancho Seco started generating power in 1977.

But over the next 10 years, environmental activists put pressure on the elected board that runs SMUD — and in 1989, the public power agency shut down the nuke with 11 years left on its operating license.

Pacific Gas and Electric Co. built Diablo Canyon nuclear plant about the same time — but despite massive public protests, it’s still running today. That’s a big difference between public power and private utilities — and its one the San Francisco Supervisors need to recognize as they debate power plants in the southeast part of town. Because right now, two big private power companies are setting the agenda for the city’s energy policy.

And if they’re in control, the environment will be the loser.

Over the past several weeks, Mayor Gavin Newsom has met with representatives of PG&E — which is desperately trying to keep the city out of the retail electric power business — and Mirant Corp., which seems quite happy to keep operating its power plant at the foot of Potrero Hill. And as a result, the mayor has changed his position, is backing away from a plan for three city-owned power plants, and is prepared to offer the worst possible alternative: he wants to retrofit the dirty Mirant plant and keep it running.

That’s unacceptable, and the supervisors need to reject it.

The background on this issue, for those who haven’t been paying attention, is fascinating and a bit complex.

For years, residents of the southeast neighborhoods have been trying to shut down the Mirant plant, which runs a natural gas-fired turbine and three diesel-powered auxillary generators. California Independent System Operator (Cal-ISO), which manages the state’s electricity grid, has balked at removing the only large-scale generating facility within city limits, saying San Francisco can’t bring all of its power in from outside.

Until recently, the San Francisco Public Utilities Commission — with Newsom’s blessing — has proposed that the city operate three natural gas turbines, known as peaker plants, that would run only when demand for power is high. Cal-ISO says the peakers would fulfill the in-city reliability requirement, and if they’re built, the Mirant Plant would be shuttered.

The peakers (which the city already owns, thanks to a lawsuit settlement) are fossil fuel plants and release air pollution — not as much, the city says, as the Mirant plant, but not zero. So environmental justice activists want to stop the new plants, saying the city can make do with conservation, new renewable energy facilities, and a new power line across the Bay. So far, Cal-ISO disagrees, but the activists are pushing the city to try harder to make the state accept a greener option.

So PG&E and the environmentalists are both trying to stop the supervisors from approving the peakers. PG&E sees them as public power, and is funding a sophisticated lobbying and direct-mail campaign against the city peakers.

That effort has turned Newsom around: as Amanda Witherell reports on page 15, the mayor is apparently prepared to offer a new plan that would scrap the city-owned peakers in favor of retrofitting the diesel units at the Mirant plant. PG&E would bring more cables into the city and would work on conservation efforts.

Conservation is fine, and PG&E ought to be pushing those efforts anyway. But the proposal makes no sense.

For starters, all evidence suggests that even after a retrofit, the Mirant plant would still generate fossil fuel pollution, quite possibly more than the city peakers. So the southeast would continue to get dumped on, with no significant relief. And the plan would leave PG&E and Mirant in control of generating and distributing power in the city.

We’re sympathetic to the environmental justice arguments, and we’ve been consistent in our position that the city shouldn’t build or operate new fossil fuel plants unless the scientific evidence shows they’ll be cleaner than any reasonable alternative. We would much prefer that San Francisco refrain from any new fossil fuel sources and rely instead on a completely renewable portfolio. But for all the problems we have with the peakers, they would, at least, be owned by the city.

That’s a crucial issue: if San Francisco controls the plants, San Francisco can turn them off any time, the moment the city’s renewable efforts convince Cal-ISO that the peakers aren’t needed (or even before that, if we want to risk a legal fight with the state). If a private company owns the generators, the plant will continue to run as long as it makes money.

If there’s a credible way to avoid any fossil fuel generation, we’re all in favor. But if the choice is between the peakers and retrofitting Mirant, it’s a no-brainer. And the real lesson here is that the supervisors should be moving forward with Sups. Mirkarimi and Peskin’s charter amendment to create a full public power agency at City Hall. *

Go directly to court

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› news@sfbg.com

After nearly four hours of debate punctuated by boos and cheers from an impassioned audience, the San Francisco Board of Supervisors’ Budget and Finance Committee decided May 14 not to release $500,000 in reserve funds for Mayor Gavin Newsom’s proposed Community Justice Center.

The project, modeled after courts in Manhattan and Brooklyn and touted by Newsom for years, would be a tribunal for bringing in quality-of-life crime violators — usually the homeless or other street denizens — immediately after they’re cited and, in theory, getting them right into social services or community service work.

But the 3-2 committee vote against the project was based on this year’s big budget shortfall, Newsom’s opposition to other expenditures outside the normal budget process, lack of demonstrable savings or benefits from the program, and the fact that the social services it claims to offer are being cut.

"Let’s be clear here. We’re having this discussion while we’re contemputf8g some of the most draconian service reductions, at least that I’ve seen here, in seven-and-a-half years," Sup. Chris Daly said at the hearing.

He cited $3.3 million in cuts to senior services, $17 million in cuts to the Department of Health, closure of the homeless service center Buster’s Place, and a reduction in mental health services as examples.

In early May, Newsom vetoed an initiative sponsored by Sup. Ross Mirkarimi that would allocate $76,000 to record and post the proceedings of various municipal boards and commissions on the city’s Web site. The board voted 8-3 to successfully override that veto on May 13.

At the CJC hearing, Daly read a letter from Newsom dated April 30 saying he wanted to hold out on new spending initiatives like the Mirkarimi measure until new programs could be considered in the larger context of the 2008-09 fiscal year budget deliberations that begin in June.

"This is his veto message based on the dire budget situation," Daly said. "These words are directly applicable to the item in front of us."

Sup. Bevan Dufty and other Newsom allies on the board are expected to try to overcome the committee votes by introducing the proposal to the full board. Dufty told us, "I recognize there are members of the committee who aren’t comfortable with it, but I asked that the full board weigh in because I felt like everybody on the board ought to have a decision whether this moves forward or not."

Newsom Press Secretary Nathan Ballard blasted the committee vote, telling the Guardian, "It was cowardly for Chris Daly and his colleagues to vote against the Community Justice Center. They lack the courage to support this program that will help get low-level offenders back on the right track. Why? Their fear outweighs their capacity to care: they fear the idea of agreeing with Gavin Newsom more than they care about people in the Tenderloin who are suffering and need help. They ought to be ashamed of themselves."

But critics say the proposal is rife with problems. Peter Masiak, lead tenant organizer for the Central City SRO Collaborative, said the CJC plans did not call for enough staff members to handle all the cases on its own. The staff would therefore have to refer people to service providers like his group, whose budgets are on the chopping block.

"It does nothing if you’re creating an expensive mechanism for referring people to services you’re cutting," he said at the hearing. "I’m concerned I’m going to have to tell my clients the only way they can get services is to stand on the street and smoke crack."

Deborah Newman of the City Budget Analyst’s Office said the CJC would cost approximately $2.9 million annually to operate. The $500,000 discussed May 14 originally was set aside for two holding cells — one for men and one for women — subleasing the court space, tenant improvements to the space, and social services.

Newman said that after tenant improvements, social services salaries, new cells, and subleases, new expenses would cost the city $2.4 million, even with a $1 million federal earmark supplied by Speaker Nancy Pelosi. CJC supporters said savings produced by the court would justify these costs.

San Francisco Superior Court Commissioner Ron Albers said San Francisco has used problem-solving and collaborative courts for more than a decade, citing the award-winning behavioral health court for mentally ill offenders as one example of how these courts can stop the courts’ current revolving-door system.

"This is a difficult budget time, but we can target high-end users of expensive programs and save money," he said.

Albers added that under the current system, people charged with misdemeanors must wait two days for an arraignment, while those charged with felonies wait three days. At $152 per day per bed, taxpayers spend thousands of dollars a year on people whose charges are ultimately dropped.

A representative of the mayor’s budget office told the hearing that the CJC could also save money by eliminating the need to build more jail pods, thus lowering the sheriff’s budget. But Harvey Rose of the Budget Analysts’ office said the CJC has failed to document any actual savings.

"Savings means that a budget is going to be cut, and we have seen no cuts in any budget," Rose said.

Some Tenderloin residents said that because crime is so rampant in their neighborhood, it would unacceptable for the city not to take action in some way, and they urged approval of the CJC. Yet others object to the double standard of creating what they dub the "poverty court." *

Peakers delayed 2 weeks

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At the May 20 meeting, the Board of Supervisors agreed to a two-week hold on a plan to build two combustion turbine “peaker” power plants in the city. (Also known as the CTs.) The delayed legislation was also amended by Sup. Sean Elsbernd, who injected a 90-day due diligence period into the process.

Translation: if the Board, two weeks from now, passes the plan to build the peakers, a 90-day due diligence period kicks in. And if, during that period, the SFPUC general manager finds that another plan meets a certain list of criteria (which are included in the amendments and can be read here), then he can kill the city’s peaker plan and put forth the alternative. The alternative would still have to go through all the permitting and planning processes that the city’s peakers have already weathered, but the city’s peaker project would be dead.

Elsbernd’s amendments contain a list of qualifications that any alternative must meet, including an agreement that Mirant’s Unit 3 would still close (so the company can redevelop that site for some other profitable commercial use), and that any other “proposed project” would improve environmental quality and city control over energy supplies.

The language here is pretty careful: nowhere does it say that a new proposal must be as clean, if not cleaner, than the city’s peakers. Nor does it say it must be owned by the city.

Elsbernd asked for the two week continuance when introducing the amendments, to give the Board more time to get comfortable with them and “to make sure that the CTs are either the right thing or the wrong thing.”

Peskin, describing the motion before them, jabbed that the extra time was for any possible alternative “proposed by PG&E and/or Mirant.”

To which Elsbernd took issue, “Actually, I would disagree with your statement,” he said. “This is not a proposal from PG&E.”

After the item passed, with Sup. Chris Daly citing it as a delay tactic and dissenting, Elsbernd told the Guardian the amendments did not come from the Mayor’s staff. “They came from my pretty little head,” he said. “I asked the city attorney to draft them for me.”

RFK Jr. and NRDC part ways on power plants in SF

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On May 12, Robert F. Kennedy Jr, founder of Waterkeeper, senior counsel for the Natural Resources Defense Council, and as big a wig as Al Gore in the environmental hall of fame, decided to weigh in on San Francisco’s plan to build two fossil fuel-burning power plants. He sent this letter to the Board of Supervisors, Mayor Gavin Newsom, the CPUC’s Mike Peevey, and Gov. Arnold Schwarzenegger, urging them to back away from a future hooked to fossil fuels.

“Given the size and impact of this project, I respectfully urge you to listen to the public interest and environmental groups such as Sierra Club and SPUR that are calling for an independent study to determine whether these power plants are truly required in 2008,” Kennedy wrote.

But, lest you get confused about how emphatically concerned an eco-heavy-hitter like NRDC is about San Francisco’s energy future, the group sent another letter three days later saying they don’t have a position on the controversial issue, and don’t plan on taking one. That letter was signed by Ralph Cavanagh, who handles energy issues for NRDC and has been a champion of decoupling — which utility companies love because it separates the profit-making from the energy-consuming, thus ensuring they still take home a pretty penny while encouraging customers to cut back on energy use.

Craig Noble, spokesperson for NRDC, explained the discrepancy by email, writing, “Bobby wasn’t representing NRDC in his official capacity when he took a position on that particular project. It was unclear to some people that he was speaking as a private citizen, so NRDC released a letter of clarification – we have not looked at this project and therefore have not taken a position.” He also wrote they probably wouldn’t, as they tend to focus on broader policy issues rather than individual projects.

A number of environmental and social justice groups have also allied against San Francisco’s plan to build the peakers, strongly urging city officials to step it up with renewables rather than natural gas, and sending letters with their eco-group stamps all over them. They also met with Newsom to express alternatives to the peakers, according to Josh Arce of Brightline Defense, one of the leaders of the environmental front.

But it wasn’t until Newsom’s staff met with PG&E, the quiet giant of the anti-peaker movement, that the Mayor put the brakes on the power plant’s approval process. After that meeting, Newsom intervened last week at the Board of Supervisors, temporarily pausing the approval process of the peaker plan while he called for the exploration of other alternatives.

Yup, Newsom buckles to PG&E on Mirant plant

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By Bruce B. Brugmann

When PG&E spits, City Hall swims. Mayor Newsom to Potrero Hill: Drop dead.

For more than 40 years, the Guardian has watched every San Francisco mayor without exception buckle to PG&E and help the giant utility keep its illegal private power monopoly intact in San Francisco.

The latest to buckle, this time more openly and ignominiously than most, appears to be Mayor Gavin Newsom, who is revving up his campaign for governor and wants to keep PG&E nice and cuddly by his side.
Here’s the story as it leaked from City Hall this weekend. For 40 years, the people of Potrero Hill and the southeastern part of the city have fought to close down the fossil-burning Mirant power plant at the bottom of Potrero Hill. Newsom personally supported the plan to close Mirant and replace it with city-owned peaker power plants. And his Public Utilities Commission has spent years developing a plan to do just this. (Alas, the peakers were the PUC’s only alternative and the PUC demanded that they be sited at the Mirant plant, amongst the long suffering Potrero Hillians, never a serious thought to anywhere more uptown. This rightly agitated the environmental justice community, but that is another story.)

PG&E has been fighting the peakers because they would be PG&Es worst nightmare: a major public power beachhead in San Francisco. As the historic vote neared last Tuesday at the Board of Supervisors, PG&E counted the votes and found it did not have a 6-5 majority. And so it did what it has historically done to protect its illegal private power monopoly in San Francisco, It rolled out its heavy artillery, went directly to the mayor, and started pounding away on a weak and wavering Newsom.

This time, as reported in the Bruce and Tim Redmond blogs, seven lobbyists (you heard me, seven) called on him in his City Hall office and told him to kill the peaker proposal, or else, and offered him a blank check to do a Mirant retrofit. Newsom buckled.

PG&E got Newsom to ask for an extension on the vote, which he got for a week, and he lamely announced that he would be looking for some kind of last minute alternative to the peakers PG&E so dreads. The alternative appears to be the PG&E alternative: junk the peakers and do a retrofit of the existing Mirant plant. This would subject the Potrero Hill neighborhood, and the mushrooming Mission Bay population, to the ruinous plant for the duration.

As a City Hall source put it to me, “This is the dumbest of all options, retrofitting the Mirant plant so that it’s a little cleaner, but still nowhere near as clean as the peakers, way less efficient, and a waste of land to boot. It is the mayor’s choice to avoid upsetting PG&E.” The vote is scheduled again for this Tuesday, but it may be postponed again if neither PG&E nor the peaker supporters don’t have the votes.

Hey, remember Dick Sklar, the former PUC executive director who Newsom recently appointed to the PUC to peddle the mayor’s PG&E policies (and remember Sup. Chris Daly, who cast the deciding vote for Sklar’s confirmation.and said that Sklar was “neutral” on PG&E.) Sklar was right in there as expected, pumping away for PG&E and helping facilitate the latest mayoral cavein to PG&E. As the Guardian has maintained for years, if people at City Hall want to work for PG&E, they should be dispatched to PG&E so they can work for the utility directly, not work for PG&E on the city payroll.

The only real way out of this PG&E uber alles mess is for the people to kick PG&E out of City Hall and bring real public power to the city. As Guardian readers know since 1969, San Francisco is the only city in the U.S. that is required by federal law to be a public power city, because of the Raker Act that allowed the city to dam Hetch Hetchy Valley in Yosemite National Park for the city’s water and power supply.

The best emerging plan is the public power initiative that Sups. Ross Mirkarimi, who opposes the peakers, and Aaron Peskin, who supports the peakers, are working on with public power forces to put on the fall ballot. Click here to read more about the initiative.

Question: Will Hearst corporate allow its reporters and editors to cover the PG@E/Raker Act scandal and the real public power story. Stay tuned for details and how the public can provide input and support.

To repeat: When PG&E spits, City Hall swims. Mayor Newsom to Potrero Hill: Drop dead.

P.S. Deadline summary: The vote lineup at blogtime, according to our check and City Hall sources. For: Peskin, Dufty, Maxwell, McGoldrick. Against: Mirkarimi, Ammiano, Daly, Alioto-Pier. Swinging away: Chu, Elsbernd, Sandoval. Prediction: The vote will be postponed again, probably until July or so, to give the PUC time to study the PG@E alternative put forth by Newsom. So PG@E may win this skirmish, but obviously the battle for public power and to enforce the Raker Act goes on.

B3, who watches the fumes from the Potrero plant every day from my office window at 135 Mississippi Street, courtesy of PG&E and Hearst journalism

Renters fight back

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› gwschulz@sfbg.com

A stream of perturbed tenants living in buildings owned by one of the city’s largest landlords, CitiApartments, Inc., converged on City Hall May 12 to testify that in recent years the company has engaged in an alleged campaign of intimidation and harassment against residents living in rent-controlled units.

Attendees, many wearing stickers that read "Tenants standing together for fair treatment," quickly filled to capacity a committee room used by the Board of Supervisors before the overflow was moved to two other large rooms where televisions airing the meeting were situated.

CitiApartments turned out its own army of supporters in an attempt to offset the impression that it’s unpopular among renters in the city. Dozens of people who claimed to back the company’s business practices attended the meeting wearing shirts that stated, "I support CitiApartments."

But a volunteer with the Queer Youth Organizing Project and organizer against CitiApartments complained to the supervisors that the crowd of supporters had either been paid to attend the meeting or were employees of the company. Few CitiApartments supporters filled out comment cards or spoke publicly in defense of the company.

Some CitiApartments tenants said they endured months of lingering construction work that filled their buildings with debris and garbage after CitiApartments bought its buildings, the upheaval intentionally designed to drive them out in frustration and thus give up their stabilized rent rates.

Others said vulnerable tenants like undocumented immigrants and seniors were specially targeted with intimidation tactics by a private security group working for CitiApartments that appeared at their doors asking for personal information. Utilities were frequently shut off, tenants said, or elevators relied upon by the physically disabled were left inoperable for long periods of time, all part of a campaign to scare them away from their apartments.

"This is not simply about a bad landlord," tenant Debbie Nuñez, who lives in a Lower Nob Hill building purchased by CitiApartments in 2000, told the supervisors. "This is about a well-oiled machine."

Sup. Chris Daly sponsored the hearing by the board’s Land Use and Economic Development Committee to receive an update on the city attorney’s lawsuit against CitiApartments, a.k.a. Skyline Realty. He also wanted to discuss the company’s swift rate of property acquisitions in San Francisco and to hear testimony about mounting alleged building code violations at some of its buildings.

City Attorney Dennis Herrera sued the company and several of its subsidiaries in August 2006 alleging an "egregious pattern of unlawful and unfair business practices," and a "shocking panoply of corporate lawlessness, intimidation tactics, and retaliation against residents."

Five months prior, the Guardian published a three-part series of stories documenting claims by current and former CitiApartments tenants that they had been the victims of persistent, aggressive attempts to oust them from rent-controlled housing units. If such tenants vacate the apartments for whatever reason, CitiApartments can raise the rent on those units dramatically.

A recent report by the Legislative Analyst’s Office shows CitiApartments today owns nearly 300 properties here, which combined hold from 6,300 to 7,500 units and about 12,000 tenants.

Sup. Aaron Peskin, who sits on the committee with Sups. Gerardo Sandoval and Sophie Maxwell, said at the meeting that his office receives a complaint once a week or at least every 10 days about CitiApartments, a figure that has increased over the last three years.

"I don’t recall ever hearing complaints about Trinity Properties in the city," Peskin said. "They own 6,000 units."

Daly pointed to a May 9 New York Times article that reported on the rising phenomenon of "predatory equity," in which private investment funds bankroll the acquisition of a large number of rent-controlled apartments in New York anticipating higher-than-usual vacancy rates. But tenant advocates say achieving such rates requires a concerted effort, either through offering one-time buyouts, finding nuances in the law that allow for an eviction, or harassing tenants until they grow exasperated and leave.

The significantly higher revenue generated from market-rate rental prices then enable building buyers there to repay the equity firms that gave them the huge loans to buy the properties in the first place. Daly wants to find out if CitiApartments is deploying a similar "business model" in San Francisco.

According to the Times piece, developers backed by private equity firms have purchased nearly 75,000 rent-controlled units over the last four years in New York. One company that bought a group of buildings in Queens subsequently filed around 1,000 cases against tenants in housing court during an 18-month period.

A lawyer for CitiApartments, Tara Condon, promised the committee members that the company would investigate the complaints made by tenants at the May 12 meeting. She added that the company increases tax revenue for the city when it improves the conditions and appearances of buildings it purchases. She also declared that the company makes local charitable contributions and has reached out to financially troubled tenants.

"We are a business, but we try to work with [the tenants,]" Condon said. "We want to make sure they can stay in their apartments."

One former tenant, Donna O’Brien, testified that CitiApartments helped her and her husband find a more affordable apartment after the company bought a previous building she lived in at 516 Ellis St. last year. She said CitiApartments also paid for her moving expenses. "Quite honestly, CitiApartments has been very good to us."

The real energy-policy choice

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EDITORIAL According to City Attorney Dennis Herrera, if San Francisco wants to see the Potrero Hill power plant, which spews pollution over the southeast part of the city, close down next year, the city’s going to have to operate its own fossil fuel plants in the neighborhood. Some environmentalists say that’s not true — that the city could develop enough renewable energy and use existing backup systems to obviate the need for the so-called peaker plants.

Opposition to the plants comes from the Sierra Club, Supervisors Chris Daly and Ross Mirkarimi — and Pacific Gas and Electric Co.

Even for people who spend an inordinate amount of time studying energy policy, it’s a confusing mess of a situation — and San Francisco, of all cities, shouldn’t have to be facing it.

The peaker dilemma exists for a reason: San Francisco has allowed private-sector companies like PG&E and Mirant, which owns the existing Potrero plant, to control the city’s energy systems. The good news is that the fight over the power plants is driving a new move for public power — a move that ought to bring together the public interest activists on both sides of the plant divide.

Sups. Ross Mirkarimi, a peaker foe, and Aaron Peskin, a peaker supporter, plan to introduce a Charter Amendment mandating that the city’s Public Utilities Commission create a plan to establish a retail power agency in San Francisco. The amendment would provide the badly needed kick start to get city officials to act on San Francisco’s historic mandate for a municipal electricity system.

Peskin and Mirkarimi may not agree on the three peaker plants the PUC wants to site at the foot of Potrero Hill, but they do agree that PG&E is up to no good here. The giant private utility desperately wants to keep the city from developing its own electric power plants: the city peakers would be competition for PG&E and would open the door for the city to get more directly into the electricity business. Although the fliers put out by the "Close It Coalition," funded by PG&E, talk about environmental issues, that’s just old-fashioned greenwashing. PG&E is building similar combustion turbine gas-fueled generators all over the state.

Why should this be the city’s only choice?

If there’s going to be a fight over energy policy in San Francisco, it ought to focus on the real long-term questions: Who should control the local grid, and the future supply of electricity, and the decision over how much of the local portfolio should be in renewable resources? Should PG&E continue to hold that power, or should the city take it over?

The movement for public power is exploding all over California. In Marin County, a group called Marin Clean Energy is mounting a sophisticated campaign for a community-controlled power agency that would use 100 percent renewable power. The South San Joaquin County Irrigation District is trying aggressively, against a full-scale PG&E political assault, to buy out PG&E’s distribution facilities and create a new public power system. Stockton is looking at becoming a public power city.

San Francisco is pursuing CCA, but needs to do much more. This is, after all, the only city in the nation that has a mandate under federal law to sell retail electricity.

If the city had created a public power agency years ago, the peakers wouldn’t be an issue. San Francisco would have been able to develop more extensive renewable power sources, create a long-term energy plan, and concentrate on shutting down fossil fuel plants instead of building them.

But whatever the outcome of that fight, it’s time to think about the future — and the future is community-owned energy programs. That’s the choice that ought to be on the ballot in November.

PS: Stop the presses — has Newsom buckled to PG&E? The mayor at the last minute May 13 has orchestrated a delay in the peaker vote — at the behest, we hear, of PG&E, which is begging the mayor to do anything to stop public power. Now he wants to retrofit the Mirant plant. That’s an unacceptable option and needs to be rejected.

Editor’s Notes

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› tredmond@sfbg.com

I was having lunch with an old friend the other day, and, as usual, we got through our lives and kids pretty quickly and wound up talking about tax policy. I’m a great date.

I was explaining to her — well, yeah, I was lecturing, at some volume — about the problem with sales taxes and the value of parcel taxes and income taxes, and somewhere along the line I realized that the progressive leadership in San Francisco needs to think a bit more about small business.

See, my friend’s husband runs a small company, and she isn’t happy about the way the city’s universal health plan is financed. "If this is so important to San Francisco," she asked, "why aren’t we all paying for it, instead of just businesses?" Her idea: finance the program with a new sales tax.

Well, I support Healthy San Francisco and I think that, all things considered, Sup. Tom Ammiano did an amazing job of putting together a plan that is actually working. Ammiano told me last week that more than 20,000 people — formerly uninsured people — have signed up. This is a very big deal.

I realize it’s also a pain for a lot of smaller businesses, in part because the rules — specifically designed to keep unscrupulous employers from cheating — are complicated and hard to follow. And for companies that are barely making it, the tab for insurance can be brutal.

That, of course, is the overall problem with employer-based health insurance. But it’s the system we’re working under, and the complexity of creating a completely different model in one city would be, to say the least, daunting. In fact, there were a lot of employers in this city, many big retail outlets and national chains, that could well afford to pay for employee health insurance but instead dumped their workers on the overburdened public health system.

And restaurants, which are whining the loudest, have managed to stick their customers with the added cost, which frankly isn’t such a terrible thing: people who eat out a lot can afford an extra buck so the kitchen help can see a doctor when they’re sick.

And as I (ever-so-gently and quietly) explained over my $12 sautéed prawns, sales taxes are horribly regressive, even worse than small-business taxes. I’m right; she’s wrong. We had a hell of a lunch.

But I think her frustration ran a bit deeper than this one issue, and I hear it from a lot of others too: small businesses don’t seem to be part of the progressive coalition.

I understand why: a lot of small business people are conservative, particularly on fiscal issues. It’s really annoying how often small merchants side with the Chamber of Commerce and the big downtown forces. You can’t get small business groups to support any new revenue measures.

And the progressive supervisors have done a lot for small businesses — starting with enacting limits on chain stores, which have protected locally owned shops in several commercial districts.

There’s a lot more we can do: I’m still pushing for a progressive business tax (cut taxes on the bottom, raise them on the top). And a city income tax would pay for health insurance and a lot more.

But right now, many community merchants are feeling ignored, and our next progressive candidate for mayor needs to think about that. It’s a potentially powerful constituency — but for all the wrong reasons, it’s going in all the wrong directions.

Here comes the public power initiative!

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By Bruce B. Brugmann (Scroll down to see the historic Mirkarimi/Peskin/City Attorney resolution)

Today, at the Board of Supervisors meeting, Sups. Ross Mirkarimi and Aaron Peskin introduced
a Charter Amendment mandating that the city’s Public Utilities Commission create a plan to establish a retail power agency in San Francisco and start the process of kicking PG&E out of City Hall and the rest of the city.

The amendment, as our editorial in Wednesday’s Guardian outlines, would “provide the badly needed kick start to get city officials to act on San Francisco’s historic mandate for a municipal electricity system.”

The move is prompted by the battle over whether the city should replace the ruinous Mirant private power plant with city-owned power plants called peakers at the foot of Potrero Hill. PG&E has quietly orchestrated a major political and public relations onslaught to kill the peakers because they would be what PG&E fears most: city-owned public power.

In fact, as Tim Redmond’s blog discloses, PG&E even marched seven lobbyists (yes, seven) into the office of would-be-green Mayor Gavin Newsom, who once personally backed the plan and whose Public Utilities Commission backs the plan. PG&E jacked Newsom around and muscled him into asking for a delay in today’s scheduled power plant vote to give PG&E more time to kill the peakers.

The rationale: some sort of vague and ridiculous idea of retrofitting the Mirant plant and keeping the PG&E uber alles status quo.

IF PG&E ultimately loses the peaker vote (and it will be close), PG&E will most likely run a referendum on the November ballot against this dread move to peaker public power. So the Mirkarimi and Peskin move is aimed at putting a counter initiative on the November ballot and breathing new life into the historic battle to enforce the federal Raker Act (which mandated San Francisco have a public power system) and bringing our own cheap Hetch Hetchy public power to the people of San Francisco. (See Guardian stories and editorials since l969.) The initiative would be timed to take advantage of the expected heavy turnout of Obama forces for the presidential election and for the election of supervisors.

The legislative digest sums up the amendment in a paragraph of City Hall legalese:

The amendment is to “address the need to change electricity production, delivery, and use to ensure environmentally sustainable and affordable electric supplies for residents, businesses, and city departments and to require the Public Utiliies Commmission to comprehensively study and determine the most effective means of providing clean, sustainable, reliable, and reasonably-priced electric service to San Francisco residents, businesses, and city departments.”

The amendment was written and signed by Deputy City Attorney Theresa Mueller and approved as to form by City Attorney Dennis Herrera. It was introduced by the president of the board (Peskin) and a powerful supervisor who is obviously running for board president and mayor (Mirkarimi). These references are important: when the public power movement was reinvigorated in the late l990s, it faced a massive lineup of PG&E stalwarts inside City Hall: City Attorney Louise Rennie, Mayor Willie Brown, the PUC executive director and PUC commission, and all the supervisors with the notable exception of Sup. Tom Ammiano.

Mikarimi led the two famous initiative campaigns as campaign manager in 2000 and 2001, which PG&E defeated with muscle, mutli milliions, and staunch daily paper support. Now, Mirkarimi is inside City Hall in a starring role leading the charge for community choice aggregation (CCA) and now a public power initiative. And the whole thing scares the hell out of PG&E.as never before.
.
Hurray! The battle is on!

P.S. PG&E marches in: You can see how PG&E works by seeing who was at the critical May 5 meeting in the mayor’s office. No public power people, nobody from the Sierra Club, and no environmental justice activists who are also opposing the peakers (but for understandable environmental reasons.) But standing tall at the secret meeting were seven PG&E lobbyists, led by Travis Kiyota, and such PG&E friendly folks as PUC Commissioner Dick Sklar (remember him?), Sup. Michela Alioto-Pier, and a representative from the National Resources Defense Council (NRDC).

PG&E and NRDC arranged to have a timely letter on NRDC letterhead, dated May 12 , come to the supervisors from Robert Kennedy Jr., with ccs to Newsom, President Michael Peevey of the California Public Utilities Commission, and Gov. Arnold Schwarzenegger. The letter was of course released to the press and the public on the eve of the vote. PG&E, NRDC, and Kennedy had at least one line right: “Where San Francisco ultimately decides to invest its precious energy dollars is a choice that will send a message to cities around the country.”

The tipoff: nowhere do the PG&E supporters, including the Chronicle editorialists who suddenly took a down-with-the-peakers stand yesterday, nor the Examiner, with a wimpy story today on Newsom’s sudden change of plans, mention those dread three letters that divulge the secret agent at work (PG&E) nor that dread phrase that tells what the secret agent is really up to (killing public power.) C’mon, folks, this isn’t that hard to figure out. Is there some law somewhere that says the local media can’t cover what PG&E is doing to perpetuate the PG&E/Raker Act scandal and once again kill public power? (See “The Shame of Hearst” in previous Guardian and blog items.)

On guard. The pubic power forces are once again moving up to the front lines, muskets at the ready. B3 (who sees the fumes from the Mirant plant every minute of every day from my Potrero Hill office window)

Click here to read Mirkarimi and Peskin’s recent Charter Amendment.

Click here to read Redmond’s recent blog, PG&E offers Newsom a blank check

Click here for this week’s PG&E editorial.

PG&E offers Newsom a blank check

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newsom.jpg pg&e.jpg

Gavin Newsom is a mayor who hates to make the tough decisions, and the proposal for three new power plants in Southeast San Francisco is his worst nightmare.

Newsom’s own Public Utilities Commission is pushing the plan, and he’s backed it in the past. Environmentalists are making a stink about it, and that’s caused the mayor-who-wuold-be-green some headaches.

But the major reason he suddenly decided to ask for a delay in the power-plant vote may have nothing to do with environmental issues at all.

Seven lobbyists for Pacific Gas and Electric, led by Travis Kiyota, visited the mayor May 5th and told him that the giant utility would spend whatever it takes to stop the peakers, a reliable City Hall source tells me. Attending the meeting were Sup. Michela Alioto-Pier and PUC commissioner Dick Sklar, the source said.

According to this source’s account, PG&E offered to pay for more power cables into the city, for an expensive demand-management program … for just about anything that would prevent San Francisco from owning its own power plants.

I couldn’t reach either Sklar or Alioto-Pier this afternoon. But Nathan Ballard, the mayor’s press secretary, confirmed that the meeting took place:

On Monday, May 5, PG&E participated in a meeting to provide substantive
expertise in the areas of energy efficiency, demand response and power
generation and transmission. Along with staff from the Mayor’s Office,
Board of Supervisors, San Francisco Public Utilities Commission, Department
of Environment, the Office of Economic and Workforce Development, CA Public
Utilities Commission (CAPUC), and the National Resources Defense Council
(NRDC), we were able to engage some of the most creative and knowledgeable
experts in the room together as we work to identify alternatives to the
current action plan.

Ballard also said that retrofitting the Mirant plant — leaving the big privately owned polluter in place — was “one of the options on the table.”

As far as I can tell, there were no public-power advocates in the meeting.

So PG&E is still driving energy policy in the Mayor’s Office. How nice.

Two former mayors help Mirkarimi launch campaign

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As I predicted, Friday’s campaign kickoff event for Sup. Ross Mirkarimi wasn’t simply about whether he’ll be reelected to the Board of Supervisors. It was the launch of a movement to reshape San Francisco’s political landscape in a way that could maintain progressive control of the Board of Supervisors and propel Mirkarimi into the mayor’s office a few years from now.
Yet rather than relying strictly on a reenergized progressive movement, the event seemed to signal that Mirkarimi is aiming to create a bigger tent that capitalizes on his strength on criminal justice issues, among other domains of the moderates. Notably, those in attendance included two former mayors: Art Agnos (no surprise) and Willie Brown (big surprise, and a strong indicator that Mayor Gavin Newsom’s coalition is fraying).
As Sup. Aaron Peskin told the capacity crowd at Yoshi’s on Fillmore Street, “There may come a day when Ross is the chief executive of this city.”