Supervisors

Airlines demand corporate welfare

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The major airlines that serve the Bay Area, with the help of the Hotel Council of San Francisco, are trying to get out of paying millions of dollars in taxes to the city by claiming the right to use a law that was designed to help San Francisco’s poorest residents. And they’re threatening to prevent their employees from staying in the city if the Board of Supervisors doesn’t acquiesce to the corporate welfare demand.

At issue is the city’s 14 percent Transient Occupancy Tax, which is paid by hotel guests. It is the third-largest source of local tax revenue, after property taxes and payroll taxes, bringing in $177 million in the last fiscal year. The only major exemption from the tax is for permanent hotel residents, generally those on the brink of homelessness who live in the run-down single-room-occupancy hotels for months or even years on end.

Major airlines house hundreds of their employees in San Francisco’s hotels each night. They are arguing that because of past court rulings on corporate personhood — in which judges have deemed that corporations have the same rights as individuals — the airlines should be exempt from paying the tax when they rent blocks of rooms for their employees.

The airlines, in collusion with some hotels in the city, have long used the exemption to avoid paying taxes on many of the rooms they rent (about two-thirds, according to the Hotel Council, which translates into millions in lost city revenue every year). A few years ago city officials told the corporations that the exemption didn’t apply to them and that they should be paying the tax.

Enacted in 1960, the Permanent Resident Exclusion exempts from the tax individuals who occupy or have the right to occupy the same hotel room for at least 30 consecutive days. “We looked at the legislative history, and it was clearly put there to help formerly homeless people,” Treasurer José Cisneros told the Guardian. “The city has always said that 30 consecutive one-night stays are not the same as a 30-night stay by an individual.”

The hotels and airlines challenged that interpretation and had their case thrown out of court. So now they’ve turned to the Board of Supervisors in the hope that they can win this chunk of corporate welfare by using threats of an economic exodus.

 

CORPORATE SHAKEDOWN

In October 2004, American Airlines and the San Francisco Hilton filed a lawsuit against the city arguing that airline crew members staying in San Francisco hotels qualified for an exemption from the hotel tax. The lawsuit was dismissed in May 2006 without going to trial, with Superior Court Judge James Warren ruling that the plaintiffs “did not assert and did not present any evidence that any particular room at the Hilton was continuously registered to American Airlines for more than 30 days.”

To clarify any ambiguity in the law, Cisneros in May issued an interpretation stating, “Although an agreement between a person and a hotel may require that the person pay the hotel for a minimum number of ‘guaranteed’ daily reservations for the person’s employees over a period of time longer than 30 days, such an agreement does not create any permanent resident exemption for any guest rooms unless the above criteria are satisfied,” referring to criteria that include “a person is a registered hotel guest” and “that person or any of that person’s employees continuously occupy or have the right to occupy the same room for 30 days or more.”

Yet now, at the request of Sup. Michela Alioto-Pier, the Board of Supervisors’ Government Oversight and Auditing Committee has scheduled a Nov. 19 hearing for the purpose of “explor[ing] the unintended consequences of this decision, including the loss of revenue to the City when the airlines inevitably move their crews to another location in the Bay Area where room rates are more competitive.”

That implied threat comes from Hotel Council executive director Patricia Breslin, who paints a doomsday scenario if the airlines have to pay the hotel tax on every room they rent. Breslin warns that if the Board of Supervisors does not offer concessions to the airline industry, it could bring about an “economic tsunami” that would hit hotels, restaurants, and city government.

Airline employees occupy an average of 1,050 hotel rooms per night in San Francisco, according to Smith Travel Research, an information and data provider for the lodging industry. Given that the tax is collected by the hotels, Cisneros doesn’t have data on how much the airlines should be paying the city. But assuming the airlines negotiate rates of about $100 per night, that would translate into more than $5 million per year.

“We pushed so hard to get them to pay it that they sued us,” Cisneros told us.

Breslin said the airlines have been paying about $1.7 million per year in hotel taxes and that sales taxes generated by airline employees bring another $1.4 million into the city, all money that would be lost if the airlines go elsewhere. She said the airlines have threatened to begin putting their employees in hotels in Peninsula cities near the airport, like Burlingame, San Mateo, and even San Jose, to cut costs. Already Mexicana Airlines has stopped using San Francisco’s hotels for its employees. Other airlines, such as Virgin Atlantic, United, Cathay Pacific, and Lufthansa, have threatened to follow suit.

Breslin said hotels would be forced to lay off cleaners, servers, and other low-income workers due to the loss of business that would accompany the exodus of airline employees. San Francisco, she argues, would “lose a significant revenue stream” if the airlines lose their appeal.

“It will change the economics of San Francisco,” she told us. “This is not a frivolous issue.”

 

CALLING THEIR BLUFF

Granting the exemption would cost the city millions of dollars, but that isn’t the only reason being offered for opposing the gambit. Some city officials simply don’t believe the airlines — or their employees, most of whom are union members, many of whom have contracts specifying their accommodations be in urban centers — will abandon San Francisco.

Sup. Chris Daly, who is on the Oversight and Auditing Committee, is against granting the exemption to the airlines. “They blow smoke all the time,” he told us, referring to major industries such as the hotel and airline industries. “That’s how they get away with not paying taxes.”

Cisneros argues the airlines’ threat to move their employees into suburban hotels isn’t logical, noting that San Francisco hotel rooms are already far more expensive than their suburban counterparts — with or without the hotel tax — and the airlines have always chosen to keep their employees here anyway.

“I just don’t think the threat is realistic at all,” Cisneros said. “If they were basing their decision on which hotels are cheapest, they would have never been staying in San Francisco.”

Recently compiled data and trends in tourism and hotel occupancy rates also suggest that Breslin’s warning of a crippling economic backlash are unfounded. According to an August article in the San Francisco Business Times by Ryan Tate, “Next year promises to be by far the most robust for leisure and business travel in San Francisco since the dot-com boom.”

He continues, “Convention business will reach more than 900,000 hotel rooms in 2008, well above the 740,000 room nights booked by conventions in 2007.” The San Francisco Convention and Visitors Bureau forecasts that overall tourism will top 16 million visitors next year and that visitor spending will exceed last year’s record $7.8 billion.

The taxes the city collects from hotels go toward funding a wide range of public services. Some of the money is earmarked for the Convention and Visitors Bureau and for maintaining convention facilities. Some funds are allocated for low-income housing and rent supplements. The War Memorial Department, the Asian Art Museum, and the Arts Commission all receive funding through the hotel tax as well, with excess dollars poured into the city’s General Fund.

San Francisco’s tourism industry is the city’s largest industry and its second-largest employer, after the city and county government. “You want to make sure your number one industry is protected,” Breslin told us.

Yet the policy that she’s asking the city to enact runs counter to the policies in other major cities, including those thought to be less politically progressive than San Francisco. In Los Angeles, for example, only individuals can be granted exemptions from paying the hotel tax. In Chicago the exemption is even stricter and only applies to people who use hotel rooms as their domicile.

Clear Channel loses a big one

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The San Francisco Board of Appeals did the right thing last week and blocked Clear Channel from using its corporate power to shake down small property owners. The board sided with Cheon Hool Lee, a retired Korean immigrant dentist who owns a building on Market Street, who lost a billboard because Clear Channel yanked it down when he demanded fair rent.

The legal issues were tricky, but the principle wasn’t: The giant conglomerate was acting like the mob. It had to be stopped.

And yet, the Board of Supervisors, usually far more progressive than the Board of Appeals, went along with Clear Channel and gave the evil media barons a twenty — that’s 20 — year contract to sell ads on bus shelters in the city. Only Ross Mirkarimi voted no.

I know it was a tough one for progressives — somehow, Muni management, which wants the money from the bus shelters, convinced the union for the bus drivers to lobby for the contract. And I realize that the estimated $15 million a year Muni will get out of the deal isn’t peanuts.

But I have to ask: How much is Clear Channel making? The company won’t say. All we know is that the contract is very lucrative, because the media barons went to great lengths to get it. Which means the city could have built the shelters itself, brought in even more money for Muni, hired even more bus drivers … and sent a message to Clear Channel.

Nope. DIdn’t happen.

Sutter’s assault on the Mission

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So as some of us expected, Sutter Health now wants to effectively shut down St. Luke’s hospital in the Mission and turn it into an abulatory clinic.

That’s terrible news for the southeast neighborhoods; St. Luke’s is the only hospital other than SF General in the Mission area, and when St. Luke’s stops taking patients, they’ll all be shuttled to the already overcrowded public hospital.

Sutter is supposed to be a nonprofit, but it acts like a greedy corporation. The problem with St. Lukes is that it gets a lot of uninsured and Medi-Cal patients; Sutter only likes rich patients with good health plans.

Let’s hope the supervisors remember this when the assholes from Sutter come along and ask for permission to build a giant new hospital on Van Ness.

Fisher and his powerful friends

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Why does Republican billionaire Don Fisher have such influence in San Francisco? Why does Mayor Gavin Newsom subvert good planning simply because Fisher tells him to, then sit on the sidelines while Fisher tries to fool voters into creating gridlock in our downtown? Why would Senator Carole Migden want Fisher — who wants to subvert the public education system with vouchers and charter schools — to serve on the State Board of Education, let alone sing his praises in public while appointing him? Why does anyone still listen to the Fisher-sponsored SFSOS, which still draws elected officials to its luncheons? Is our political system so thoroughly corrupted by money that self-proclaimed liberal Democrats are willing to crawl in bed with such an ideological Neanderthal?
At the Yes on A, No on H rally in front of the Gap yesterday, near where they had parked the rented white Hummer (which H deems a “low-emission vehicle,” exempt from parking restrictions), Board of Supervisors president Aaron Peskin framed the issue for those of us who don’t want or need Fisher’s money: “San Franciscans have a clear choice. We can either pursue the Republican policies of the last century and continue to clog our roads and pollute our cities and poison our air, or we can move into the 21st Century.”

Jerry Brown gives City green light to sue Jew

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Photo by Charles Russo

The sun may be shining, but it’s raining legal cats and dogs for suspended Sup. Ed Jew.

On the eve of a preliminary hearing by the City’s Ethics Commission into charges of official misconduct by Supervisor Jew, California Attorney General Edmund G. Brown Jr. has granted City Attorney Dennis Herrera’s application for leave to sue in quo warranto to remove Jew from the Board of Supervisors for failure to comply with the City Charter’s residency requirements .

The ruling comes a little more than three weeks after Mayor Gavin Newsom initiated official misconduct proceedings against Jew and suspended the District 4 supervisor, replacing him, at least for now, with political rookie Carmen Chu.

City Attorney Herrera says that in llight of the Ethics Commission’s preliminary hearing tomorrow, he intends, “to carefully evaluate” the legal options.
“In the coming days, I will decide how best to represent the City’s interest in concluding a crisis that has clouded the legitimacy of San Francisco’s representative government for too long,” Herrera said in a press release.

Tomorrow’s preliminary Ethics Commission hearing takes place at 1:30 p.m. in Room 416, City Hall.

41st Anniversary Special: Bilking the links

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By now, even most nongolfing residents of San Francisco have heard the dire refrain coming from City Hall: San Francisco’s public golf courses are sucking millions of dollars from the city treasury! Dozens of media stories have trumpeted this bleak pronouncement, and city leaders are using the shortfall to push for outsourcing control of the century-old open spaces. But a Guardian review of the Golf Fund shows that the links are not nearly as down-and-out as pro-privatization forces have led us to believe.

Recreation and Park Department accounting documents we obtained show revenues at the city’s six publicly owned golf courses last year were up nearly $1.5 million from 2005 to 2006 and more than $2.2 million dollars from 2004 to 2005, an increase of nearly 30 percent. But the cost of a lavish contract with a large, out-of-state golf-management corporation has risen precipitously over the same time frame and drained most of these new funds.

For the 2006–07 fiscal year the city shelled out more than $3.25 million to Kemper Sports Management to operate the pro shop and clubhouse at the Harding Park Golf Course and its nine-hole neighbor, Fleming. By comparison, in 2004–05, Kemper’s tab at Harding and Fleming was a still eye-popping $2.07 million, but that number is nearly $1.2 million less than what the city had to pay last year. These increased costs, as well as a hefty loan repayment for Harding Park’s botched remodel in 2002 and 2003, have eaten up the links’ improved revenue and forced the city to throw in an extra $1.4 million from the General Fund to keep golf solvent.

"What’s going on up at Harding is a disaster," Bob Killian told the Guardian. Killian ran the city’s golf operations profitably for two decades until 2001. "When I was in charge we had contracts with various managers for the pro shops and the restaurants, and they made us money. They paid us. Now, Harding is run at a deficit. Where the fuck is the money going? What’s it for? Nobody knows. It’s all this big secret…. It’s a scandal."

Kemper’s seven-year deal is unique, to say the least. At every other publicly managed course, the city leases control of the pro shops and clubhouses to outside companies. In exchange for a flat fee paid into city coffers, those companies bear all of the risk and reap most of the rewards of operating the facilities. But at Harding, the city pays Illinois’s Kemper $192,000 per year, regardless of its performance, to act as an on-site manager, plus a 5 percent incentive fee for gross revenues over $6 million. But those guaranteed sums are only the beginning of the bill.

Kemper hires staff, rents golf carts, and orders the supplies to be sold in the pro shop and the clubhouse. Unlike in the city’s lease arrangements at other courses, though, the company bears none of the risk. It simply invoices the city for its expenses, and the city signs the tab. And the tab just keeps growing.

One public-golf insider who declined to be identified for fear of retribution said, "They’ve got this enormous staff there, managers and assistant managers and assistants to assistants of managers. It’s a golf course, not a hospital! I hear the payroll for the restaurant alone is like $600,000. And it’s only open for one shift a day…. They stock their pro shop with top-of-the-line gear that just sits there. If they order 20 Arnold Palmer shirts and only sell two, who cares? The city still pays for all 20."

In an e-mail to the Guardian, Kemper’s general manager at Harding, Steve Argo, told us it has between 60 and 80 employees, depending on the season. Citing this seasonal variability and "competitive reasons," he did not break down those numbers between management and nonmanagement, as we requested.

Both Argo and Katharine Petrucione, Rec and Park’s chief financial officer, attributed much of the added costs at Harding to the opening of a new permanent clubhouse there in late 2005. Argo said the increased revenues from the clubhouse have "more than covered the city’s increase in payments." But while Rec and Park’s ledgers do show that concessions revenues at Harding and Fleming have gone up since the clubhouse opened, the increase in Kemper’s bill has gone up nearly as much. All in all, with Kemper’s multimillion-dollar deal and loan payments for the over-budget remodel at the course, accounts still put the course at more than $500,000 in the red — even though a round of golf there now costs well over $100 and Kemper is still making a handsome profit.

It doesn’t end there. Petrucione said Kemper’s contract costs taxpayers even more than meets the eye. Because the company submits monthly and yearly budget projections as well as reams of invoices and expenses for reimbursement, Rec and Park staffers spend hours examining Kemper’s paperwork and activities — essentially managing the manager. When we asked her for an accounting of how much the Kemper contract costs the city in staff hours for these oversight duties, Petrucione replied, "It definitely requires more time and effort … than a lease agreement [like those at every other course] would."

During a recent radio interview, Sup. Jake McGoldrick called Rec and Park’s deal with Kemper "the worst contract I’ve ever seen." He added, "We don’t have a golfer problem. Golfers are coming out and playing. We have an accountancy problem."

The golf insider we spoke with echoed McGoldrick’s sentiments: "Business is up like 30 percent this year, but Kemper’s contract is jeopardizing the whole department…. If we redid the greens, tees, and fairways [at the other courses], just Band-Aid stuff like that, we would have the premier municipal system in the country. But instead they’ve given this cushy deal to a company from Chicago with no connection to San Francisco. It’s so unfair."

Despite the controversy over Kemper’s all-expenses-paid arrangement, Mayor Gavin Newsom, Rec and Park general manager Yomi Agunbiade, and others at City Hall have been using the deficits largely brought on by Kemper’s contract to push for more private control of the city’s links. In June the Mayor’s Office put forward a plan to outsource not just clubhouse and pro-shop management but all golf operations at the city’s premier courses, including Harding. The proposal was tabled after several contentious hearings at the Board of Supervisors, but many observers expect that it will make its way back to the board in the near future.

"In a perfect scenario, the city could [manage the courses efficiently], but the city has proven that it doesn’t have the ability to do it," Sup. Sean Elsbernd told us in July. Elsbernd has been one of the most vocal supporters of bringing in private golf management.

But McGoldrick, Killian, and other opponents of the idea point out that the city provided quality, inexpensive golf for nearly 100 years. They worry that private managers will find profit in higher greens fees, more part-time workers, and lower salaries and fewer benefits for full-time staff. But beyond those concerns, they see the mayor’s plan as yet another example of publicly owned assets being offered up for private gain.

The courses, McGoldrick told us, are "priceless…. We can’t just dump [them] because you’ve got folks from the Mayor’s Office and his Rec and Park Department who don’t want to be bothered."

In his endorsement interview with the Guardian, Newsom said about the golf courses, "You gotta deal with the reality of where we are and what our core competencies are. Golf courses do not reflect a core competency of government. We’re losing hundreds of thousands of dollars and about to lose over a million dollars a year, and that comes from somewhere. So rather than continuing to do what we’ve done and hope for a different result, we’re looking at best practices across the country and finding ways to manage our assets differently, and I’m not apologetic for exploring those things."

41st Anniversary Special: Private practice

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Low-income tenants cheered late last year when the San Francisco Department of Public Health ended its housing contract with the John Stewart Co. But no one expected the alternative would be a secret $5 million deal between DPH officials and a preferred vendor.

In fact, the DPH has opened a new chapter in privatization by creating a dubiously accountable, quasi-independent nonprofit while paying someone else to operate it with a sole-source contract.

The health department leases several single-room-occupancy hotels in San Francisco that house mental health and substance-abuse patients through a program called Direct Access to Housing, part of a laudable nationwide trend toward deinstitutionalizing such medical clients and changing how the formerly homeless receive services.

The Camelot on Turk Street and Le Nain on Eddy Street were among those managed by John Stewart until last autumn. Mercy Housing oversaw two more. But there were problems; tenants complained about the Stewart company’s management, and political organizers last year charged that desk clerks at some of the buildings prevented them from registering tenants to vote.

"If you’re part of a larger company that just sees themselves as a more generic property-management company," said Marc Trotz, director of the health department’s housing office, "there isn’t necessarily the training and skills development that needs to be there to handle the complexities that come up on a daily basis with the population we’re dealing with."

So the health department’s answer was to broker an exclusive $5 million contract with a nationwide nonprofit based in San Francisco known as the Tides Center. Tides doesn’t do any of the heartwarming outreach we tend to associate with nonprofits. Instead, the outfit handles the boring administrative functions like payroll and human resources for community projects created by others.

The project in this case is Trotz’s brainchild Delivering Innovation in Supportive Housing, which essentially exists as a nonprofit only on paper. There’s no board of directors. There are no federal tax forms outlining expenses and revenue. And Tides doesn’t itemize projects like DISH in its annual financial statements. So there’s no easy way for the public to track the money that goes into the project.

Yet DISH has so far never been forced to compete for property-management contracts like any other nonprofit wanting to do business with the city. That means the DPH gets the best of both worlds, paying someone in the private sector to manage its books and not having to subject its pet project to the competitive atmosphere of contract bidding.

Further, since Tides is technically the employer of record for DISH’s 60 or so employees, they exist in an ethereal world where they don’t fall under the city’s salary and benefits structure, but unions can’t reach them unless they’re willing to organize all 200 projects managed by Tides nationally.

Needless to say, none of this is sitting well with the nonprofits and unions that insist they weren’t informed of the plan until it was off and running.

"I feel like at union nonprofits, the turnover’s much lower, the training’s higher, and if a manager is abusing a tenant, for instance, a union worker can make a complaint to a city agency, write them up, do something without being afraid for their jobs," said Sarah Sherburn-Zimmer, a former organizer for the Tenderloin Housing Clinic. "And we just give better care."

The THC, whose workers are represented by Service Employees International Union Local 1021, says it was never formally invited to bid on DISH, despite the fact that it does extensive work with the city and manages more than 1,500 units of low-income housing.

"All they had to do to find out was send a letter or call us…. The fact that they made the effort to set up their own entity kind of shows that’s what they wanted to do," THC director Randy Shaw said.

The Tides contract so annoyed Board of Supervisors president Aaron Peskin that he drafted a resolution pointing out that Mayor Gavin Newsom signed an executive order in 2004 calling for maximum competition in city contracts.

"This Board of Supervisors has been on record for years in wanting to make sure contracts are competitively and fairly bid," Peskin told the Guardian. "This whole thing seems rather bizarre. The government was in essence contracting with itself."

The health department’s Trotz dismisses this criticism, saying sole-source contracts were designed in the first place to allow for agreements like the Tides deal, which he calls a pilot project. Next time, he promises, the department will open the contract to bids. Trotz added that Tides is responsible if a DISH employee screws up, and it faces an annual monitoring probe by DPH staffers, just like any other contractor.

"I know now that THC and the union seem to be upset by this," Trotz said. "What we’re saying is we’ve heard that and we are doing what we always intended to do, which is run a two-year pilot and put a [request for proposals] out on the street and ready for people to apply to prior to the start of the next fiscal year."

Of course, no one’s suggesting Tides and DISH will necessarily do a poor job handling supportive housing. Shaw said lefties were the first to argue nearly three decades ago that nonprofits could address public health much more sensitively than did Dianne Feinstein’s mayoral administration of the 1980s. Last year the health department did $174 million worth of business with nonprofits. While unions have been slow to organize nonprofits, the trend is growing, but Tides and DISH seem structured to stiff-arm them when covert, sole-source contracts haven’t done that already.

"This obviously was a secret decision," Shaw said. "[The DPH] never consulted with anybody. They just did it. I don’t want to comment on the health department beyond what I’ve said. But this experience has left people very cynical about dealing with the health department [and] the way they handled the whole thing."

41st Anniversary Special: Wrecked park

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The San Francisco Recreation and Park Department has a long history of maintaining parks, community centers, and other recreational offerings. In fact, it controls more land in the city than any other entity, public or private. But after seeing its budget repeatedly slashed during lean fiscal years, the underfunded department has become a prime target for some controversial privatization schemes.

There are ongoing efforts to privatize city golf courses, supported by Mayor Gavin Newsom and Rec and Park general manager Yomi Agunbiade (see “Bilking the Links,” page 22). And there are ongoing fears that the city intends to privatize its popular Camp Mather vacation spot, something the RPD studied a few years ago and Sup. Jake McGoldrick has fought and highlighted.

Rec and Park has identified $37 million in needs at Camp Mather — the product of a private study the agency has been unable to fully explain to the public (see “From Cabin to Castle,” 4/4/07) — but left Camp Mather off a big bond measure planned for February 2008.

“They say $37 million you need up here, and how much you got in there for the ballot measure? Zip, zero,” McGoldrick told the Guardian. “It’s a familiar pattern: you underfund the hell out of something, and then you turn around and say, ‘We, the public sector, cannot handle taking care of this.'<0x2009>”

Rec and Park spokesperson Rose Dennis denies there are plans to privatize Camp Mather or that its omission from the bond measure is telling. “Many people disagreed — including you — with the funding needs and whether we could back it up,” she explained as the reason for its omission from the bond measure.

In his Oct. 1 endorsement interview with the Guardian, Newsom said, “We actually made some commitments just this last week with Sup. McGoldrick to help support his efforts, because he’s very protective of Camp Mather, and I appreciate his leadership on this, to help resource some of the needs up there without privatizing, without moving in accordance with your fears.”

And while Newsom said he hoped to avoiding privatizing Camp Mather, he refused to say he wouldn’t: “I’m not suggesting it’s off the table, because I’m not necessarily sure that the conditions that exist today will be conditions that exist tomorrow, and I will always be open to argument.”

But at least the Camp Mather and golf arguments have been happening mostly in public. That’s what voters intended in 1983 when they passed Proposition J, which requires public hearings, a staff study, and a vote by the Board of Supervisors before city services can be privatized. Yet over the past couple of years, there’s been an effort to quietly shift operations at a half-dozen rec centers away from city programs and toward private nonprofits.

It’s called Rec Connect. Its supporters bill it as an innovative effort to bring much-needed recreation programs to underserved, low-income neighborhoods. “This is a pilot program to see if a collaboration between a community-based organization and a rec center yields a richer program and a more engaged community,” said Margaret Brodkin, director of the Department of Children, Youth and Their Families, which created the program and oversees that and other uses of the city’s Children’s Fund.

But to members of the Service Employees International Union Local 1021 — which includes most city employees and has filed grievances challenging Rec Connect — the program is a sneaky attempt to have underpaid, privately funded workers take over services that should be provided by city employees, who are better paid, unionized, and accountable to the public.

“The city took funds from the city’s coffers and gave them to the Department of Children, Youth and [Their] Families,” Margot Reed, a work-site organizer for the union, told the Guardian. “DCYF is using these funds, through Rec Connect, to contract out to private nonprofits work that rec staff were doing for a quarter of the cost.”

Brodkin was the longtime director of Coleman Advocates for Children and Youth — a perpetual thorn in the side of City Hall and the author of the measure that set aside some property taxes to create the Children’s Fund — before Newsom hired her to head the DCYF. She sees her current role as a continuation of her last one, and she sees Rec Connect as an enhancement of needed services rather than a privatization.

“There is a commitment that no jobs would be lost. I’m a big supporter of the public sector,” Brodkin said, while acknowledging that the RPD is chronically underfunded. “I am certainly aware of the resources issue at Rec and Park…. I’d be a happy camper if the Rec and Park budget was doubled. But I’d still believe in this program and say it offers a richer experience.”

Rec Connect began in 2005 with a study that looked at unmet recreational needs and evaluated facilities that might be good places to bring in community-based organizations to offer specialized classes. The whole program was financed through a mix of public funds and grants from private foundations. The three-year pilot program started just over a year ago.

“The Rec Connects,” Newsom told the Guardian, “are a way of leveraging resources and getting more of our CBOs involved and using these great assets and facilities, instead of limiting use to the way things have been done.”

Rec Connect director Jo Mestelle denied that the initiative is a privatization attempt.

“Rec and Park brings the facilities, the sports, and traditional recreation. The CBOs bring the youth-development perspective and nontraditional programming,” Mestelle said. “Hopefully, together we build a community that includes youth-leadership groups and advisory councils.”

Few would dispute the need for more after-school or other youth programs, particularly in the violence-plagued Western Addition, where some of the Rec Connect centers are. But the means of providing these programs is something new for San Francisco, starting with the fact that even though Mestelle works in the DCYF office, her salary is paid for entirely by private foundations.

That relationship and those funders aren’t posted anywhere or immediately available to the public, but Brodkin agreed to provide them to the Guardian. They include the Hellman Family Philanthropic Foundation ($50,000), the Hearst Foundation ($50,000), the San Francisco Foundation ($128,000), the Haas Foundation ($100,000), and the SH Cowell Foundation ($150,000).

Brodkin and Mestelle characterized those foundations as fairly unimpeachable, and Brodkin defended the arrangement as part of a national trend: “The thing that’s odd about SEIU’s perspective is this is happening all over.”

That’s precisely the point, SEIU’s Robert Haaland says.

“It’s been a strategy since the ’70s to, as [conservative activist] Grover Norquist calls it, ‘starve the beast,'<0x2009>” or defund government programs, Haaland said. “On a national level there is a lot going on that impacts us locally.”

Minutes from a recent Recreation and Park Commission meeting confirm that rec center directors have only about $1,000 each year to cover the cost of buying basketballs, team jerseys, referee whistles, and other basic sports and safety supplies. The SEIU grievance also notes that recreation staff positions have decreased by a third just as senior management positions increased by a third.

“We don’t have enough dollars for $20-an-hour rec center staff who are directly responsible for the kids and are well known to the community. We believe kids deserve great coaches, consistency, longevity, and commitment,” Reed said.

SEIU Local 1021 chapter president Larry McNesby is also the Rec and Park manager who oversees Palega Park, one of the Rec Connect sites. He told the Guardian that while his rec directors are “under pressure from the mayor to show him numbers of people that they are serving,” Rec and Park’s new online registration fails to reflect the “hundreds of drop-ins” that rec staff serve on a daily basis.

But he said the department has been set up to fail by chronic underfunding.

“I’d love Rec Connect and DCYF to be on a level playing field, because my directors could out-recreate theirs any day,” McNesby said. “You can’t just eliminate our jobs and replace them with someone who makes just above minimum wage.”

Actually, Brodkin and Mestelle note that negotiations with SEIU over Rec Connect have resulted in a guarantee that no jobs will be replaced and an agreement by the city as to 250 different tasks that the Rec Connect CBOs can’t perform. Still, they say the program brings innovation to a stagnant city agency.

“Before Rec Connect the rec centers always had a Ping-Pong table and some board games, but some of them were really poor, many were tired looking, none had computers or Internet. So we’ve had to think outside the box. Rec [and] Park is a big department, and it’s not always efficient,” Mestelle said.

Public records show that in 2006, the DCYF, whose primary function is to administer grants, sent $1 million in public money to Rec Connect from the Children’s Trust Fund, a pool of cash the city gathers each year by levying 3¢ per dollar of property tax.

Both Rec Connect and city workers stress the importance of offering a range of good programs to young people. “Our work is at a more social level,” McNesby says. “Every minute a kid spends in a rec center is a minute they’re not breaking into a car or victimizing someone or being victimized.”

The question is who should provide those programs. “It’s society’s value system that controls where the money goes,” Rec and Park spokesperson Dennis said. “It’s a really provocative discussion. There are some very compelling trade-offs argued in convincing fashion by intelligent people on both sides. These aren’t easy decisions.”

But the union people say that when it comes to Rec Connect, that discussion isn’t happening in public forums in a forthright way. As Reed said, “Gavin Newsom never went to the voters and said, ‘Here’s what we want to do: cut the rec staff and bring in private nonprofits.'”

Green City: Meeting the Climate Challenge

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› news@sfbg.com

GREEN CITY It is easy to become discouraged by environmental problems, but a few San Franciscans are reminding us that we have collective power to make positive change. And we might even have a little fun along the way.

Paul Scott came up with the idea of the San Francisco Climate Challenge, a citywide contest to reduce household energy consumption. Scott is a lawyer and founding member of One Atmosphere — a nonprofit created by North Beach neighbors concerned with sustainability and conservation. "I think a lot of folks are concerned about climate change, but frustrated by the seeming inaction by the government to solve the problem," Scott told the Guardian. "The purpose of the San Francisco Climate Challenge is to give people something they can do right now."

A joint project by One Atmosphere, the Sierra Club, and SF Environment, the Climate Challenge officially starts Oct. 25 and registration ends the day before. Two top prizes of $5,000 (cash!) will be awarded for greatest overall energy savings and greatest percentage reduction in energy use. Winners will be determined by comparing last November’s Pacific Gas and Electric Co. bill with this November’s bill, so participants must pay their own utility bill and have lived in their current home — apartment, condo, or house — for at least a year.

Private residences account for about 20 percent of San Francisco’s carbon emissions, so the SF Climate Challenge is specifically focused on reducing household emissions. "Hopefully, this contest will increase people’s awareness of what they can do and the environmental damage done by normal activities," said Jonathan Weiner of One Atmosphere. "Simple changes can have significant impacts."

And what are some of these simple changes to make at home? Turn off lights when you leave a room, replace incandescent lightbulbs with compact fluorescents, wear a sweater instead of turning up the heat. And something that people often forget is that appliances use energy even when they’re turned off. So plug your television and stereo into a power strip and, when you’re done watching TV or listening to music, turn that power strip off.

"Eliminating unnecessary, wasteful use and being more efficient with the energy we do use is important," said Aaron Israel of the Sierra Club’s San Francisco chapter. "But you don’t have to eat in the dark or live like a monk. There are very easy things you can do if you’re just a little bit more aware."

Contest participants can sign up for the Climate Challenge as individuals or teams. So far, there teams have been created by neighborhoods, social groups, and sports teams. Even the Board of Supervisors has formed a team, with supervisors Michela Alioto-Pier, Aaron Peskin, and Sean Elsbernd already committed to participating. Word on the street is that even the Mayor’s Office may compile a team.

The Climate Challenge is also about building community. "This is an initiative to bring together a bunch of folks around how we, as residents in the city, can do things differently," said Mark Miller of One Atmosphere. "The more we see how we’re connected, the more we see how much we affect each other."

Making simple, painless changes at home is a great place to start taking responsibility for the health of our communities, city, and planet. Hopefully, the San Francisco Climate Challenge will inspire people to think about the environment in terms of the positive changes we can make instead of the overwhelming problems we feel helpless to fix.

"We need to paint a vision of our own lives that is better in the future than it is right now, so we are all motivated to take action," said Cal Broomhead of SF Environment. "How can we transform our neighborhoods so they’re more sustainable? We have collective power to make change."

To register for the San Francisco Climate Challenge, or to see a list of sponsors, prizes, and energy-saving tips, go to www.sfclimatechallenge.org. Or attend this upcoming event to learn more: ClimatePalooza, Fri/Oct. 19, 7 p.m., $12 or free with sign up for the SF Climate Challenge, at the Swedish American Hall, 2170 Market, SF. Live music by Ryan Auffenberg, Hyim, Valerie Orth, Sheldon Petersen, and Pixie Kitchen. Call (415) 861-5016 for more information. *

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

John Barleycorn must die

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› molly@sfbg.com

"There was three men come out o’ the west, their fortunes for to try,

And these three men made a solemn vow, John Barleycorn must die.

They plowed, they sowed, they harrowed him in, throwed clods upon his head,

And these three men made a solemn vow, John Barleycorn was dead."

From an old English folk song

It’s a dark, rainy Friday night, and Larkin Street is eerily quiet except for one beacon of light: the John Barleycorn pub. Inside this almost 40-year-old watering hole, logs crackle in a fireplace built with cobblestones from old San Francisco streets.

Neighbors, law students from a nearby university, and longtime regulars cluster together on cable car benches and onetime church pews, tippling and talking quietly beneath a ceiling made from the beams of an old Petaluma chicken coop.

Behind the bar, owner Larry Ayre, with rosy cheeks hugged by a pair of spectacles, serves drinks and good cheer the same way he has for more than three decades. Some of his customers have been coming here for just as long.

"There’s only one bar you call your home bar, and somehow, they have to take you in," Ayre said. "In here, you can be whoever you want to be."

Unfortunately for the Barleycorn, its lease is up, and it’s part of a building that was recently purchased by Louisa Hanson, a controversial local entrepreneur who owns several other properties in the area, including Louisa’s on Union Street and Delaney’s in the Marina. Hanson refuses to renew the Barleycorn’s lease, and it’s rumored she plans to turn the building into a new restaurant.

So tonight the mood is bittersweet. Ayre’s birthday is tomorrow, and neighbors are already stopping by. But no one’s forgetting that the pub’s doom is imminent, and unless a miracle happens the beloved bar will shut its doors October 26. For good.

Pub supporters nonetheless began appealing to Hanson last December when they heard of her plans not to renew the ‘Corn’s lease. They tried to make the case that the popular pub is the right size and scale for the neighborhood, that any other venture would be hard to support in such a tough retail environment, and that the bar is so well loved, Hanson would alienate potential future customers by closing it.

But the notoriously elusive Hanson — who’s obtained licenses for more than 22 businesses in the past two decades, most of which closed within two years or never opened at all — wouldn’t discuss the future of the ‘Corn, much less consider their pleas.

In an effort to save it, weekend bartender and longtime patron Tony Antico helped found the Save the John Barleycorn Coalition. Volunteers gathered more than 4,000 signatures from friends and fans in 30 countries and 20 states. They staged a demonstration outside Hanson’s Union Street restaurant. They lined up formal support from the SF Appreciation Society, the Polk Corridor Business and Middle Polk Neighborhood associations, Lower Polk Neighbors, and Sup. Aaron Peskin, who represents the district. The Board of Supervisors even passed a resolution commending the pub and recommending it be kept open.

"In America you can be a mean nut, and if you own property, the law protects you," Peskin told the Guardian.

Despite all the effort, Hanson is heavily invested in the property and appears to have little incentive to back off now. Public records show that she first bought it for $2.3 million in autumn 2005 and then took out two loans against it totaling $2.5 million.

She seems so eager to develop the property, in fact, that in June city building inspectors found ongoing construction work being conducted at Barleycorn’s neighbor, the former Front Room, without a permit, including taking out a wall and removing fixtures.

But Hanson is no stranger to conflict. Superior Court records show that she’s been the target of a fairly steady stream of litigation since the 1980s, ranging from allegations that she refused to pay contractors or employees to charges that she disregarded contractual agreements with business partners.

One case, brought against Hanson in 2003 by the former owners of her Marina restaurant, alleged that she agreed to a purchase but then withheld payments in hopes of forcing a better deal when the sellers grew desperate. According to the suit, the "alleged secret intent" of Hanson "constitutes an intentional misrepresentation, deceit, or concealment of a material fact that has caused injury" to the former owners. A judge ruled against Hanson and demanded that she pay the plaintiffs $183,674.

That case didn’t surprise Vickie Hall, who had a similar experience when she tried to sell her coffee shop in Amador County to Hanson earlier this year. After agreeing to pay full price for Hall’s homegrown business, Hanson allegedly held the deal in escrow, and therefore off the market for sale to someone else, until Hall would agree to a lower purchase price.

Hall claims that when she begrudgingly agreed but asked for a higher deposit, Hanson simply never responded to the counteroffer. Hall says Hanson couldn’t be reached for six weeks to sign over the original deposit money.

"It was a bad situation with a woman who I think is ruthless and could give a hoot about how her business practices are handled," said Hall, now living in Arkansas, who only sold the business because she and her partner are now on disability.

Look Hanson up on Yelp.com and you’ll find a litany of complaints from former employees, neighbors, business partners, and customers. There’s even a blog dedicated to the "eccentricities and out-and-out weirdness of San Francisco’s worst entrepreneur," located at Luisaconfidential.blogspot.com.

In fact, Barleycorn supporter John Clark, who has lived in the city 25 years and worked in local restaurants for eight years, was warned by peers not to pursue a job in any of her restaurants, so he avoided them.

"She’s a bad businesswoman and unscrupulous," Clark said. And the Barleycorn "is a great little English pub. I’m tired of the character that makes this city what it is getting sucked out of it. This is just another long-standing neighborhood institution being closed because of greed."

So far, Hanson has refused to discuss the Barleycorn, not returning calls from Ayre, Peskin, or the Guardian for this story. Her response to the demonstration outside her Union Street business was to give pub supporters the Italian version of the bird (video posted at savethebarleycorn.org).

In fact, the only thing anyone, including government officials, can do now is make it hard for her to open a new business in the building by changing zoning laws or refusing permits — actions that may hurt Hanson in the long run but won’t change the Barleycorn’s fate.

For now, the ‘Corn’s supporters are trying to maintain their optimism while being realistic. At Ayre’s birthday party Oct. 13, patrons continued to add their names to the petition at the end of the bar while Ayre’s wife explained where in their house the couple would put the historic wooden countertop once the bar closes. But no one will be done enjoying the establishment, or fighting to keep it open, until the last minute of its last day.

"I always believe that little miracles can happen," Peskin said. "I’m waiting for one."

41st Anniversary Special: Bus stop

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› gwschulz@sfbg.com

There’s a money room in the basement of 1 South Van Ness, where the Municipal Transportation Agency, which operates Muni, is headquartered. Workers literally count by hand bags of cash and coins taken in as fares from passengers throughout the day.

When Muni recently needed to pull some of those unionized bean counters away from the money room to staff kiosks around the city where transit passes are sold, its managers hoped to replace them with workers from a private contracting outfit.

The plan unsettled the Service Employees International Union Local 1021, which persuaded Muni against the idea and instead encouraged it to create 10 new full-time city positions to cover the work that was needed. But the MTA’s immediate turn to the private sector is telling.

Powerful local unions would no doubt fight it, but public-transit consultants working with the city have insisted that the outright privatization of San Francisco’s municipal transit system is worth consideration. Advisors to the Transit Effectiveness Project, first unveiled by Mayor Gavin Newsom during a 2006 speech, insist nothing is too controversial for debate.

"There’s nothing we’ve been told to take off the table," a consultant hired by the city told the San Francisco Chronicle late last year.

The Transit Effectiveness Project’s final recommendations are expected next year, when it’s likely Newsom will be starting his second and final term. Big segments of Muni have already been privatized over the years. In fact, Controller’s Office records show the MTA has privatized far more formerly public services over the past two decades than any other city department by far.

In 1983 voters passed Proposition J, authorizing the city to contract out services performed by city workers who’d passed civil service exams to prove their skills as long as the Board of Supervisors passed a resolution certifying a cost savings. The MTA issued $46.5 million worth of private contracts last year covering 689 positions, according to figures maintained by the Controller’s Office.

Muni has used private security guards since 1975, and 400 private workers handle paratransit services, which aid the disabled. Towing, janitorial, meter-collection, and citation-information services have all been privatized. In total, the MTA’s purported cost saving is as much as $20 million per year.

But that’s a sliver of MTA’s $680 million budget, and there are perennial fears of more privatization pushes. This fall’s Muni reform measure, Proposition A, nearly went to the ballot with language that could have allowed millions of dollars in new privatized work at Muni without review from civil service commissioners, but it was removed at the insistence of labor leaders.

San Diego privatized many of its transit services in the ’80s, gradually contracting out services as public employees retired. By last year about half of San Diego’s bus routes were managed by three private contractors, including Violia, an Illinois company that also runs Muni’s paratransit services. Labor leaders say service in San Diego suffered under privatization, and they oppose similar changes here.

"Whenever you contract out a department, whenever you let go of control, then you don’t have control of the product," Cristal Java, an organizer for SEIU Local 1021, told the Guardian.

Prop. A’s language was changed to preserve union jobs if new routes and lines are introduced that may otherwise have been susceptible to privatization, but there are no assurances that city officials won’t eventually point to Muni’s widely bemoaned system deficiencies and claim that further contracting out is necessary.

"We see the same operational problems, and hiring new full-time, permanent people is a way to deal with it instead of contracting out," Java said. "The unions, allies, and MTA got together to make Prop. A something that worked for everyone."

41st Anniversary Special: Blast from the past

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33 YEARS AGO (OCTOBER 5, 1974)


Dianne Feinstein takes off her gloves

By Katy Butler


White gloves still haunt Dianne Feinstein’s political life. She has been wearing them ever since she first went to dancing class, and fellow politicians have accused her of refusing to take them off for politics. Her old political allies bring up the image again and again: those little white gloves seem to crystallize their irritation with her Pacific Heights femininity, the world of the Junior League, the chauffeur and the Goody Two Shoes approach to politics. In 1971 during her disastrous campaign for Mayor, she did her best to reach beyond her background. She promised a Hunters Point crowd she’d never shuck or jive. But she was still wearing those little white gloves.

The white gloves are off now. Feinstein learned from her 1971 defeat and she doesn’t want to lose this time around. She is jostling with state senators Milton Marks and George Moscone for first place at the starting gate in next year’s Mayor’s race, and she is no longer a political dilettante operating on intuition and integrity.

The new Dianne Feinstein is a canny political animal, assiduously cultivating the "homeowner vote" in the foggy reaches of the Avenues while nursing along her original liberal constituency. "She’s dropped the Goody Two Shoes act and she’s willing to play hardball politics," one of her fellow supervisors says admiringly. "She’s moving toward the center and she’s getting very good advice."

"How can you be for the vice squad, for police helicopters, against nude shows and for gay rights?" asks Harvey Milk, a gay former candidate for supervisor. "It doesn’t add up."

31 YEARS AGO (OCTOBER 8, 1976)


Staggering with Bukowski

By William Graham


The beer, the day, whatever the reason, [poet Charles] Bukowski is not reading well — with little enthusiasm, little animation, little inflection in his voice, save the long drawl on certain words. He rarely looks up from his script while reading, as if he hasn’t seen the poems before. Hunched over, his glasses reflect the two spotlights and act as mirrors, blocking the audience from his eyes. At his best he is poetical, distant. At his worst, he is an old man reading the news. And finally the warning, "This is going to be my next-to-last poem." A few say "No, no." Bukowski asks, "Are there any questions?" Again, mixed shoutings answer, a few voices mimic animals, and far from the rear, the high nasal voice says "Bullshit". Bukowski replies, "Lay off that cheeeeeep, rot-gut wine or you’re not going to live a weeeeeeek. If the wine doesn’t get youuuuuuu, I might." The crowd likes this. Shifting gears, the poet says, "Any young girls want my phone number — try Joe Wolberg." Several replies follow, many sound dubious, and the poet says, "Okay, Babe-A."

31 YEARS AGO (OCTOBER 8, 1976)


EVEN COWGIRLS GET THE BLUES. By Tom Robbins. Houghton-Mifflin, $4.95.

Reviewed by Don McClelland


Tragedy ensues but is softened by the cosmic good humor that shines throughout the book. For this world and its languages, Robbins shows an infectious love that is constantly leading him into literary excesses guaranteed to get him hanged in more proper circles. Didactic, discursive, anthropomorphic, loaded with enough outrageous similes to send a basketful to each poet in the American Academy, Even Cowgirls Get the Blues operates on the refreshing premise that the whole world is alive. This book will make you laugh out loud in the elevator. This book should have champagne and tears spilled on it. This book is Cervantes born again. Thank you, Tom Robbins.

31 YEARS AGO (OCTOBER 29, 1976)


The Film Festival

By Robert Di Matteo


The 20th Annual San Francisco International Film Festival, which was held at the Palace of Fine Arts Oct. 13-24, was another one of those Sacred Monster affairs that exist above and beyond almost anything that can be said about them.

For me, there was the added excitement this year of the Guardian‘s Banned-from-the-Festival status (see Guardian 10/8, 10/22/76). Because of our reporting on the Film Festival last year, the Guardian was not allowed to attend this year’s event on the same basis as the 98 acceptable representatives from the press. But we went ahead and bough some tickets on the sly, and on the nights of the showings I slunk in to take my place in the audience, glancing furtively around to make sure I hadn’t been spotted. As something of a natural-born outsider, I found the role of a party crasher to fit like a glove.

Still, my perspective on the festival has not really changed. I doubt that I could ever really resolve my attitudes about culture to fit the festival’s concept of Culture. Movies are still just movies to me, and charging an extra dollar to see them does not alter that fact.

26 YEARS AGO (NOV. 4, 1981)


From the personal ads:

Plug Me In

Says my refrigerator. Very attractive lesbian who lacks only cooking skills would like sympathetic Jewish woman to offer either her knowledge of the art or dinner for the rest of my life. Write P.O. Box 11528 SF CA 94101

Wanted: Wife

Long hours, no pay. For a good-looking San Francisco man, 29. Qualifications: must be beautiful, intelligent, easygoing. No experience necessary. Please, no Republicans.


WM, 38, angry, depressed, timid, gentle, understanding seeks similarly minded F with whom to wait for Godot and/or etc.

My Marriage Was No Fun

Finally my wife and I figured out that we would be happier if we weren’t together. Since then, I have discovered freedom, but it hasn’t been in single bars. It has been squeezing the toothpaste any way I please, or being able to change plans at the last minute. I am 44, nice-looking, secure, and I would be interested in meeting a woman, younger or older, who would like to share her freedom with me.

I am an R.C. priest who takes his religious calling very seriously. But God also made me a man. I have thought about leaving the Church, but feel that that would be very wrong. God didn’t create us to live half lives, He will understand. While I’m sexually inexperienced, I am attractive, accomplished and sincere. Obviously discretion is a must.

Women Are Taught to Say "No"

This one is happy, bright, and attractive, and she is ready to begin saying "Yes." Now, what are the questions?

Bilking the links

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By now, even most non-golfing residents of San Francisco have heard the dire refrain coming out of City Hall: San Francisco’s public golf courses are sucking millions of dollars from the city treasury! Dozens of media stories have trumpeted these bleak pronouncements, and city leaders are using the shortfall to push for outsourcing control of the century-old open spaces. But a Guardian review of the “Golf Fund” shows that the links are not nearly as down and out as pro-privatization forces have led us to believe.

Recreation and Park Department accounting documents we obtained show revenues at the city’s six publicly-owned golf courses last year were up nearly $1.5 million from 2005-2006 and over $2.2 million dollars from 2004-2005, an increase of nearly 30 percent. But the costs of a lavish contract with a large, out-of-state golf management corporation have risen precipitously over the same time frame and drained off most of these new funds.

For the 2006-2007 fiscal year, the city shelled out more than $3.25 million to Kemper Sports Management to operate the pro shop and clubhouse at the Harding Park Golf Course and its nine-hole neighbor, Fleming. By comparison, in 2004-2005, Kemper’s tab at Harding and Fleming was a still eye-popping $2.07 million, but that number was nearly $1.2 million less than what the city had to pay last year. These increased costs, as well as a hefty loan repayment for Harding Park’s botched remodel in 2002 and 2003, have eaten up the links’ improved revenues and forced the city to throw in an extra $1.4 million from the General Fund to keep golf solvent.

“What’s going on up at Harding is a disaster,” Bob Killian told the Guardian. Killian ran the city’s golf operations profitably for two decades until 2001. “When I was in charge, we had contracts with various managers for the pro shops and the restaurants and they made us money. They paid us. Now, Harding is run at a deficit. Where the fuck is the money going? What’s it for? Nobody knows. It’s all this big secret … It’s a scandal.”

Kemper’s seven year deal is unique, to say the least. At every other publicly managed course, the city leases control of the pro shops and clubhouses to outside companies. In exchange for a flat fee paid into city coffers, those companies bear all the risk, and reap most of the rewards, for operating the facilities. But at Harding, the city pays the Illinois-based Kemper $192,000 a year, regardless of their performance, to act as an on-site manager, plus a 5% “incentive fee” for gross revenues over $6 million. But those guaranteed sums are only the beginning of the bill.

Kemper hires staff, rents golf carts, and orders the supplies to be sold in the pro shop and the clubhouse. Unlike the city’s lease arrangements at other courses, though, they bear none of the risk. They simply invoice the city for their expenses and the city signs the tab. And the tab just keeps growing.

One public golf insider who declined to be identified for fear of retribution grumbled, “They’ve got this enormous staff there, managers and assistant managers and assistants to assistants of managers. It’s a golf course, not a hospital! I hear the payroll for the restaurant alone is like $600,000. And it’s only open for one shift a day … They stock their pro shop with top of the line gear that just sits there. If they order 20 Arnold Palmer shirts and only sell two, who cares? The city still pays for all 20.”

In an email to the Guardian, Kemper’s general manager at Harding, Steve Argo, told us they have between 60 and 80 employees, depending on the season. Citing this seasonal variability and “competitive reasons,” he did not break those numbers down between management and non-management, as we requested.

Both Argo and Katharine Petrucione, Rec and Parks’ Chief Financial Officer, attributed much of the added costs at Harding to the opening of a new “permanent clubhouse” there in late 2005. Argo said the increased revenues from the clubhouse have “more than covered the city’s increase in payments.” But while Rec and Parks’ ledgers do show that concessions revenues at Harding and Fleming have gone up since the clubhouse opened, the increase in Kemper’s bill has gone up nearly as much. All in all, with Kemper’s multimillion dollar deal and loan payments for the over-budget remodel at the course, accounts still put the course at more $500,000 dollars in the red – even though a round of golf there now costs well over $100 and Kemper is still making a handsome profit.

It doesn’t end there. Petrucione said Kemper’s contract actually costs taxpayers even more than meets the eye. Because the company submits monthly and yearly budget projections, as well as reams of invoices and expenses for reimbursement, Rec and Park staffers spend hours examining Kemper’s paperwork and activities – essentially managing the manager. When we asked her for an accounting of how much the Kemper contract costs the city in staff hours for these oversight duties, Petrucione replied, “It definitely requires more time and effort … than a lease agreement [like those at every other course] would.”

During a recent radio interview, Sup. Jake McGoldrick called Rec and Park’s deal with Kemper, “The worst contract I’ve ever seen…We don’t have a golfer problem,” he added. “Golfers are coming out and playing. We have an accountancy problem.”

The golf insider we spoke with echoed McGoldrick’s sentiments, “Business is up like 30% this year, but Kemper’s contract is jeopardizing the whole department … If we redid the greens, tees and fairways [at the other courses besides Harding], just Band-aid stuff like that, we would have the premiere municipal system in the country. But instead they’ve given this cushy deal to a company from Chicago with no connection to San Francisco. It’s so unfair.”

Despite the controversy over Kemper’s all-expenses-paid arrangement, Mayor Gavin Newsom, Rec and Park general manager Yomi Agunbiade, and others at City Hall have been using the deficits largely brought on by Kemper’s contract to push for more private control over the city’s links. In June, the Mayor’s office put forward a plan to outsource not just clubhouse and pro shop management, but all golf operations at the city’s premiere courses, including Harding. The proposal was tabled after several contentious hearings at the Board of Supervisors, but many observers expect that it will make its way back to the Board in the near future.

“In a perfect scenario the city could [manage the courses efficiently] but the city has proven that it doesn’t have the ability to do it,” Supervisor Sean Elsbernd told us back in July. Elsbernd has been one of the most vocal supporters of bringing in private golf management.

But McGoldrick, Killian and other opponents of the idea point out that the city provided quality, inexpensive golf for nearly 100 years. They worry that private managers will find profit in higher greens fees, more part time workers, and lower salaries and less benefits for full time staff. But beyond those concerns, they see the Mayor’s plan as yet another example of publicly owned assets being offered up for private gain.

The courses, McGoldrick told us, are “priceless … we can’t just dump [them] because you’ve got folks from the Mayor’s office and his Rec and Park department who don’t want to be bothered.”

Pro-car crowd draws first blood; breaks deal with Peskin

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fisher.jpg
Photo of Don Fisher by Luke Thomas, www.fogcityjournal.com, used with permission
Gap founder Don Fisher and other proponents of Prop. H, which seeks to invalidate city parking and land use policies developed over the last few decades, have sent out a misleading mailer attacking Prop. A, the Muni reform measure that would negate approval of Prop. H, among other things. The attack, which arrived in mailboxes on the same day many voters also received their absentee ballots, breaks a deal they had cut with Board of Supervisors president Aaron Peskin to not campaign on the issue in exchange for Peskin’s promise to support a less-heinous parking measure on the February ballot. “I always negotiate in good faith, and if that is true, this is very disturbing,” Peskin told the Guardian when informed of the mailer. “If A loses and H wins, it’s the worst day of my political life. That would set planning in this city back 30 years.”

The price of the sweeps

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› amanda@sfbg.com

The number of homeless individuals slapped with quality-of-life citations and the cost to the city of processing those citations reached new highs in the past 14 months, according to a study released by Religious Witness with Homeless People. San Francisco taxpayers have paid more than $2 million for more than 15,000 citations issued to people for crimes committed because they have no place to live.

"The quality-of-life citation … begins an extremely expensive process," said Michael Bien, a lawyer on the steering committee of Religious Witness, an interfaith activist group started in 1993 by Sister Bernie Galvin.

The study, released at an Oct. 4 press conference, was based on documents provided by various city departments. The authors collated the costs from the initial ticket issued by a cop through the entire court process, including the new price of prosecution by the District Attorney’s Office (see "The Crime of Being Homeless," 10/3/07).

The results are an update of a similar survey conducted last year (see "Homeless Disconnect," 9/5/06). Collectively, the two studies found that a total of 46,684 citations have been issued to homeless people, at a cost of more than $7.8 million, since Mayor Gavin Newsom took office.

But the mayor might not want you to know that. While Religious Witness was unveiling the study at a press conference in the South Light Court of City Hall, the mayor was hosting a simultaneous event about his heavily promoted Care Not Cash program, which provides homeless people with services and housing instead of the money they once received through the County Adult Assistance Program.

"What really bothers me," Sup. Ross Mirkarimi told the crowd gathered to hear Religious Witness, "is that we learn at the last minute that Mayor Newsom decides to have a press conference at the exact same time. To me, that couldn’t be more base and exhibitive of bad form … to try and upstage a press conference like this." He said the mayor’s administration should be working with organizations like Religious Witness, not competing against them.

NEWSOM WON’T MEET


Galvin expressed dismay that the mayor chose not to attend, on top of scheduling a competing press conference on the issue of homelessness. "We’ve never had a press conference where we didn’t have full press coverage," Galvin said.

"We’ve been trying to meet with Mayor Newsom since the day he took office," Bien said. "He hasn’t even given us the dignity of a response."

Newsom’s press secretary, Nathan Ballard, said he knew nothing about the event until he returned from his boss’s fete at the Pierre Hotel, a single-room-occupancy hotel on Jones Street that houses some Care Not Cash recipients. He denied any intention to detract attention from Religious Witness’s study. "I chose to do this a couple of weeks ago. There’s no deep, dark conspiracy," Ballard said. The day was chosen to announce that Care Not Cash had "reached a significant milestone of housing over 2,000 formerly homeless individuals," according to a press release.

Actually, the Care Not Cash program exceeded the 2,000 mark in August, according to statistics posted on the mayor’s Web site.

This is not the first time the mayor has scheduled a competing press conference. In June, on the same day the Board of Supervisors passed the city’s Community Choice Aggregation plan for more city-owned renewable energy, the mayor announced a new partnership with Pacific Gas and Electric Co., to study tidal power (see "Turning the Tides," 6/27/07).

Religious Witness chose Oct. 4 to release the study results because it’s the Feast of St. Francis, a day celebrating the city’s patron saint, "a man known to have enormous compassion," Father Louie Vitale explained. "Does the mayor have compassion fatigue?" he wondered aloud.

The decisions about where a city spends money speak volumes about its values. "Every budget is a moral document," said John Fitzgerald, who enumerated many other uses to which the $2 million could have gone, from placing 1,028 people in three-month residential drug treatment to five new drop-in mental health clinics, 157 new caseworkers, or 10,230 preventable evictions.

THE NEW MATRIX


Sup. Chris Daly, who attended but did not sponsor the Religious Witness press conference, said, "Not only is the use of police to target homeless people uncompassionate and inhumane, but it’s also ineffective." He recalled the first Religious Witness press conference, which denounced then-mayor Frank Jordan’s Matrix program, which teamed police officers with social workers to remove homeless people from Union Square and later Golden Gate Park. That program was deemed a failure because it criminalized homeless people and alienated them from helpful services by teaming outreach workers with law enforcement.

"We’re repeating a policy that we know is a failure," Daly said. "It’s a complete lack of compassion."

Recently Daly made public a memo he obtained from the mayor’s office through a public records request. The document outlined a new "downtown outreach plan," similar in sound and structure to Jordan’s Matrix. In a Sept. 28 Weekly Report to Newsom’s chief of staff, Phil Ginsburg, deputy chief of staff Julian Potter wrote, "The pilot program includes three separate teams of officers and social service staff that work a 15-block area" in two separate shifts patrolling the SoMa district. "In each of the three teams an officer will work in tandem with two social service representatives. Any person committing a crime (littering, encampment, trespassing, urinating, defecating, dumping, blocking sidewalk, intoxication, etc.) will be asked to cease the behavior and enter into services. If the individual resists services the officer will issue a citation."

Though it’s reminiscent of the approach that Jordan advocated, both the Operation Outreach team, made of police officers who typically interface with homeless people, and the Homeless Outreach Team, operated by the Department of Human Services, have denied they would accept the approach as Potter penned it.

"I have to be very emphatic," said Dr. Rajesh Parekh, director of HOT. "We are not going to be teamed up with police officers." Though police officers often refer HOT to specific people, he said recent news reports are inaccurate and "in the interest of our clients we’ve never done shoulder-to-shoulder work."

Lt. David Lazar, who heads the San Francisco Police Department’s Operation Outreach, agreed that his officers won’t walk in lockstep with the doctors and social workers who are offering services. But the line can get a little fuzzy: "We’re there at the same time, but we’re not necessarily together," he said. "We’re separate in our approach."

"Basically what the memo is proposing is illegally arresting people," Jenny Friedenbach, executive director of the Coalition on Homelessness, told us.

Under state law, people can’t be taken into custody for infractions like urination and littering. But camping illegally can be considered a misdemeanor, and a citation could eventually lead to an arrest and a jury trial. Prosecuting and imprisoning people is far more expensive than providing shelter.

While some see the coupling of enforcement with services as a way to encourage more people to get help, others contend it’s not a simple equation.

"I think some people are not always able to say yes the first time we do outreach with them," Parekh said. "I’m hoping that as time goes on we’ll be able to persuade them. It’s an ongoing process. It’s not a one-time thing." He said more than half of the help offered is accepted in some form, but it can take as many as 20 attempts to win over what amounts to a small number of people who require persuasion.

Representatives from the Coalition on Homelessness on Oct. 4 witnessed the first of the SoMa sweeps, or "displacements," as they’re more kindly called, and confirmed that the cops and service providers had some distance between them.

"That’s what they did during the first month of Matrix," Daly said to the Guardian. "That will change over time."

In the meantime, the supervisor has reintroduced a $5 million allocation for supportive housing for homeless people that was passed by the board last spring but defunded by Newsom.

Stop the homeless sweeps

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EDITORIAL Sister Bernie Galvin and Religious Witness with Homeless People held a press conference Oct. 4 to release some remarkable data: since Mayor Gavin Newsom took office, San Francisco has issued 46,684 citations to homeless people, mostly for what are known as quality-of-life crimes. That’s cost the taxpayers $7.8 million.

Unfortunately, almost no news media showed up — the mayor, it turns out, somehow scheduled his press conference on homelessness at exactly the same time. As Amanda Witherell reports on page 15, Newsom’s staff say it’s all a coincidence — but it reflects how this administration is increasingly treating homeless issues.

Newsom, with the assistance of District Attorney Kamala Harris, is shifting the city back to a model that treats homelessness and poverty as crimes. But years of evidence prove that approach doesn’t work.

Newsom’s plan, outlined in a memo that Sup. Chris Daly made public last week, involves sending a team of social service and outreach workers through the Tenderloin with police officers. Now the cops and the social workers are saying they won’t patrol together, but the message and the impact are the same: people who commit the sorts of offenses that are almost inevitable when you don’t have a place to live — like sleeping on the streets and panhandling — will increasingly be dragged into the criminal justice system.

Frank Jordan, a former police chief, tried that when he was mayor in the early 1990s; he called the program Matrix, and it was an utter failure. The reason is obvious: most homeless people can’t pay the fines for these violations. So either the citation process is a waste of everyone’s time or, if the city pursues the nonpayment and piles on more and more citations, it winds up creating a criminal record for someone who already is going to have trouble finding work. The promise of services implied by the social workers’ involvement in Newsom’s plan means nothing if services aren’t there — and the city still can’t offer, say, substance-abuse treatment on demand or enough housing for all of the people who need it.

Yet despite all the evidence, Harris has now assigned a full-time staffer to do nothing but prosecute these low-level offenses. She and Newsom both say they want to help people use services — but the only service the DA’s Office offers to homeless people who wind up in court is a handout, a single-page list of referrals.

San Francisco has been down this road so many times before that it’s infuriating. Criminalizing homeless people is not only wrong; it’s expensive, inefficient, foolish, and morally offensive. It also clogs the courts and takes the cops even further away from working on serious crimes.

Daly says he’s going to reintroduce his measure allocating an additional $5 million for housing for homeless people. That’s a good move, of course. But the supervisors ought to think about something else: if Harris, Newsom, and the cops want to persist in counterproductive and cruel homeless sweeps, perhaps the supervisors should move to cut funding to those departments by a total of, say, $7.8 million. 2

Guards hit streets

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› news@sfbg.com

More than 100 security guards from more than 20 buildings in the Financial District, including the Transamerica Building, participated in a three-day unfair-labor-practices strike before returning to work Sept. 27 as contract talks resumed.

After three months of working without a contract, security guards are seeking higher wages and access to affordable health care to be able to support their families, as well as proper training for the safety of buildings and their occupants.

Service Employees International Union Local 24/7 representatives were mostly pleased with the job action, although the union had to defend three guards who were locked out as the strike ended. Universal Protection Services had planned to permanently replace security officers Robert Ravare, Kevin Coleman, and Jesusa Villena, but the issue has since been resolved, and the three employees returned to work on the morning of Sept. 28.

Abbas Emady, a security guard for Universal, told the Guardian he resents security companies for not providing adequate training for their employees, which devalues the important role guards are likely to play in a disaster. And low wages and poor benefits exacerbate the problem by creating high turnover rates for guards.

"If there’s a terrorist attack or a fire, we’re the first to go," said Bobby Randall, who works for Securitas as a security guard at the 50 Fremont high-rise. Without sufficient training, security guards may have difficulty assisting police and firefighters in an emergency, a point the local police and firefighters unions reinforced with votes of support for the strike.

Security guards risk their lives to protect multibillion-dollar properties, yet they don’t receive the same wages or health coverage as janitors, window washers, parking attendants, or operating engineers who work in the same buildings. In fact, a security guard with two and half years of experience only makes $11.85 an hour, while a janitor with the same experience makes $17.05 an hour, according to the SEIU. A union-run "Justice for Janitors" organizing campaign a few years ago helped that group make progress.

"It’s an unacceptable double standard," SEIU Local 24/7 spokesperson Gina Bowers said.

Armando Yepez, who participated in the strike, told us he works two full-time jobs as a security guard, at a downtown high-rise and at a construction site, in order to pay for housing and other expenses. Yepez commutes between his home in Richmond and his job locations in San Francisco five times a week, leaving him with less than five hours of sleep each night.

Security officers often find themselves paying for medical expenses out of their own pockets because their health insurance does not cover all of their needs and does not provide family benefits.

On Jan. 1 security guards were offered a free but severely limited health plan with Aetna, which has a cap of $4,000 for outpatients. For Sue Trayling, a security guard working for Securitas, all it took was one night in the emergency room and a couple of doctor’s appointments to max out her Aetna plan. Trayling clocks in 421/2 hours a week yet still had to dish out $2,400 in cash to pay for additional medical expenses.

According to Trayling, security guards were offered health care plans with Kaiser Permanente for $26 per month before Jan. 1. Since then, however, premiums have gone up to about $140 per month, and the copayment has doubled from $20 to $40 per visit.

The first strike among private security officers in San Francisco found some official support — the Board of Supervisors passed a resolution Sept. 25 in favor of the security guards. Sup. Tom Ammiano stood before a small crowd of workers clad in purple T-shirts on the steps of City Hall and expressed the city’s support for higher wages, affordable health insurance, and proper training.

Mayor Gavin Newsom also issued a statement saying, "I urge the involved parties to work more diligently towards a fair and reasonable settlement — one that recognizes the economic concerns of the workers while at the same time respect[ing] the employers’ need for operating flexibility within the wide range of facilities in which they provide security services."

Newsom also asked commercial-building owners and managers to involve themselves in the negotiation process with the security companies in order to set new industry standards. The Building Owners and Managers Association did not return our call seeking comment on the strike and related issues.

Injunction dysfunction

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› news@sfbg.com

When seven people were shot in the span of 12 hours in June at the Friendship Village and Yerba Buena Plaza East housing complexes in the Western Addition, city and community leaders decided immediate action was necessary to remedy the increasing level of gang violence.

Sup. Ross Mirkarimi, who represents the area, demanded 24-hour police patrols as a temporary measure. Rev. Regnaldo Woods of Bethel AME had a broader vision — get the gangs to call a truce. But City Attorney Dennis Herrera already had his own plan well in the works, a controversial approach that has nonetheless been embraced at City Hall by leaders desperate for solutions to the intractable and escautf8g problem of gun violence.

Herrera and his staff in July announced they were seeking civil gang injunctions in the Western Addition and the Mission District modeled on a similar effort last year against the Oakdale Mob in Bayview–Hunters Point. He went after alleged members of the Norteña gang in the Mission and targeted three gangs in the Western Addition, all centered on Eddy Street and the public housing complexes that stretch from Gough to Divisadero: Eddy Rock, Chopper City, and Knock Out Posse.

Two Superior Court judges, Patrick Mahoney and Peter Busch, heard arguments for and against the injunctions Sept. 18 and are expected to issue rulings at any time. The injunctions would prevent the alleged gang members they name from associating with one another within a prescribed area, among other restrictions.

The injunctions have pitted Herrera and his allies against Public Defender Jeff Adachi, civil liberties advocates, and some community groups, who have rallied to stop the injunctions and criticize them as a "criminalization of people of color," a charge Herrera stridently rejects and has publicly condemned as "race-baiting."

But beyond the emotional politics of this controversial tactic, there are some practical problems with the injunctions, particularly in the Western Addition, where they may stifle community-based solutions to the problem of gang violence.

"[The injunctions] slowed us down considerably," Woods, a life-long Fillmore resident, told the Guardian. "It’s going to impact the movement if it stays as it is. I think there needs to be changes."

Woods and other leaders from Bethel and from his nonprofit, Up from Darkness, met with the gang members a total of 43 times throughout the summer. When word of the injunctions spread, Woods said he had to restart from square one. Rather than bring people together for a dialogue, he had to explain why this was happening, what the injunctions meant, and how the injunctions would affect those included.

Woods planned to hold a summit, which "shot callers" from each of the gangs would attend and at which they would call a truce as well as receive access to employment guidance and mental health services. The summit never happened, but gang violence in the Western Addition nevertheless decreased rapidly in the following months. Northern Police District Capt. Croce Casciato said there hasn’t been a gang-related homicide in the district since May.

The American Civil Liberties Union says the injunctions will strip alleged gang members of due-process rights and give police a roving warrant to harass whomever they deem a gang member. Adachi and Kendra Fox-Davis, of the Lawyer’s Committee for Civil Rights, said their offices have received numerous complaints from youths in the Mission and the Western Addition that police are already using the injunctions to hassle people even before they’ve been approved.

"There’s been a tremendous amount of misinformation about the injunctions," Adachi said. He questions the effectiveness of injunctions and said these give police carte blanche to harass anyone they suspect of being affiliated with gangs. His biggest issue, though, is the fact that the alleged members don’t have the necessary resources to contest the label.

Herrera derided the racial implications levied by Adachi, and in an e-mail to us, press secretary Matt Dorsey wrote, "The fact is, the debate over these proposed injunctions — most especially the one in the Mission — has been characterized by increasingly dishonest and inflammatory rhetoric. This isn’t just someone’s innocent misunderstanding, either: ‘the criminalization of people of color’ is wildly misrepresentative, and it’s deliberate."

Herrera acknowledges people’s concerns, but he stands by his decision.

"I really wish it wasn’t necessary that it has come to this point where I say, ‘Hey, this is a tool we have to pursue,’" Herrera told us. "But the facts are the facts. We have a gang problem in San Francisco. I think I’d be neglecting my responsibility if I didn’t bring another tool to the table to help address the issue."

Woods doesn’t raise the same racial concerns that Adachi does, and he isn’t too animated about the civil liberties issues. To him, the injunctions are just too broad and counterproductive to the community-based approaches that have the best chance of addressing the problem. He thinks the gang members themselves must help solve the problems they’ve created.

"It’s us getting together every day and doing something positive," said Steve Johnson, a 27-year-old targeted member of Eddy Rock, which claims the Plaza East housing complex as its turf. "It has nothing to do with the injunction. We’re trying to get all the different complexes in the Western Addition together."

Paris Moffet, the alleged leader of Eddy Rock, added, "We’re the only ones stopping the violence. We needed to. We are going to stop this."

It may come as a surprise that reputed gang members might be helping to stop the violence that was once a part of their daily lives, and several members of Eddy Rock acknowledged they have a long way to go in reshaping their images.

But, they say, they are committed to reforming themselves, and they recently held a barbecue at the complex parking lot to display some of their positive work. In the small community center at Plaza East — locally known as the OC, for "Outta Control" — Eddy Rock, with the help of Woods and others, has created Open Arms, a nonprofit geared toward educating the younger kids in the complex about staying in school and computer literacy.

Asked about the sudden turnabout by Eddy Rock, Marquez Shaw, a 26-year-old alleged member of the gang, explained that the level of violence at Plaza East had taken its toll on everyone, not just uninvolved residents. "[The violence] affected me, very much so," he said. "There’s been more bloodshed here than anywhere else in the community. We’re the only ones man enough to do something."

But Herrera said the recent relative quiet in the area doesn’t make up for more than five years of chaos. "Has there been a lull? Yeah," he said. "But earlier in the summer there were some brazen shootings. June isn’t that long ago."

Woods acknowledged that the members shouldn’t be given a free pass, considering their troubled past. "They’re not angels," he said. "But let’s try to help them before they go to prison. That way you might save the old lady’s life. You might save a youngster’s life. If they had something to do, they wouldn’t do the shootings."

At the Aug. 14 Eddy Rock barbecue, about 50 or so people from the Plaza East complex snacked on ribs, chicken, hot links, and spaghetti. Two beat officers from the Northern Station stood in the distance and oversaw an impromptu football game between juveniles and alleged gang members.

A clipping of a newspaper article hangs on the wall in the community center; it’s about how director Spike Lee is urging inner-city youths to make films about their experience growing up with violence and to use the Internet to broadcast them to others.

Given a camera, Shaw has done just that. During a recent visit to Plaza East, he was using iMovie to edit a video that he planned to post on YouTube. On the video, an older black man says, "Now it’s time to look at what’s going on, not what’s happened in the past."

Nas’s "I Know I Can" plays on Hannibal Thompson’s video as he flatly explains how the area is deprived of proper resources and lacks preventative measures. Thompson, a 20-year-old named in one of the injunctions as a member of Eddy Rock, says six of his friends have been murdered since 2005 — three of them less than a block away, at Eddy and Laguna, where cameras affixed to streetlights are meant to deter criminal activity. He said increased police presence and the work of Woods have led to the decrease in violence, something he embraces.

"The best thing that ever happened to this community was the 24-hour police patrol. That’s way better than the injunction," he said. "They should have done that years ago."

Casciato doesn’t doubt that Eddy Rock, which has terrorized residents for years, might have turned the corner. But he calls the injunctions one additional tool to fight the long-term battle against gang violence. Casciato said it was too soon to tell how an injunction would affect regular police procedure. Like others in the community, though, he emphasized the effectiveness of outreach work.

"There has been a great collaborative effort on the community’s part," Casciato said. On gang members reforming themselves, he said, "I’m sure they did. Success is going to come from within, not from the outside. All our efforts are for naught if there’s no buy-in."

Under the current terms of the injunctions, the aforementioned barbecue would be prohibited, since it involved literally the whole gang. The targeted individuals could freely associate with one another inside the community center but would need to go in and out separately, which critics say is not a realistic scenario. If targeted members violate the injunctions, they can be charged with misdemeanors and put in jail for up to five days.

The injunction tactic "undermines antiviolence efforts of community advocates and organizations working in the Western Addition, like Woods, by effectively preventing the individuals most in need of support services from participating in them," Fox-Davis wrote in an e-mail.

Herrera and his deputies submitted more than 4,000 pages of evidence, including expert declarations from the gang task force, which detailed the reign of terror of the three gangs. He said they’ve been careful to name only shot callers in the injunctions and to carefully detail the case against them.

Fox-Davis and other critics contend the Western Addition injunction is too broad, unlike the first one in Oakdale, which only covered four square blocks. A total of 15 blocks are designated as the "safety zone" in the Western Addition, stretching from Eddy and Gough in the east to Eddy and Webster in the west, bordered by Turk and Ellis to the north and south, for Eddy Rock.

For Chopper City and KOP — which had in the past aligned themselves against Eddy Rock — the safety zone is a six-block area north of Turk to Ellis, between Divisadero and Steiner, which includes the Marcus Garvey and Martin Luther King housing complexes. In Bayview, only one of 22 targeted members lived in the housing complex, whereas a total of seven of 19 identified members of Eddy Rock live within that purposed safety zone, according to the City Attorney’s Office.

"The restrictions that are proposed in this injunction go far beyond what is necessary to address the nuisance the city attorney claims is being caused by gang violence," Fox-Davis said.

But Herrera says the "nuisance" amounts to communities being terrorized by violence and his office would be remiss to not address the problem. A total of 11 homicides in three years have been linked to the three Western Addition gangs, according to court documents.

"I’ve never been one to say we should be dissuading communities from being involved and trying find solutions and making contributions to solving the problem. To me it’s not mutually exclusive. It’s not an either-or proposition. I think it’s important that we get the community to be a vital stakeholder in trying to stem the tide of violence," Herrera said. "But there has to be accountability."

To quell critics’ concerns, Herrera said his office has included numerous safeguards, including training cops to properly enforce the injunctions. Targeted members also have a "buyout option," meaning if they can prove that they are no longer involved in gang activity, they can appeal to have their names removed from the list.

Herrera points to the perceived success of the injunction in Bayview as proof that the tactic is effective in restoring calm and peace to neighborhoods once plagued with murder. Herrera also notes that the Board of Supervisors passed a resolution almost unanimously that supported injunctions by the city attorney.

Mirkarimi, however, said his support of the current injunctions being sought was "tentative at best" and said he considered them "an act of desperation." He too said community work and traditional police enforcement — like the 24-hour patrols — are better ways of addressing the root causes of gang violence.

The alleged members of Eddy Rock agree.

"We just need something to do," said Maurice Carter, 32. "We did the crime, we did the time. Now we just want a second chance."

Endorsements: Local ballot measures

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Proposition A (transit reform)

YES


This omnibus measure would finally put San Francisco in a position to create the world-class transportation system that the city needs to handle a growing population and to address environmental problems ranging from climate change to air pollution. And in the short term it would help end the Muni meltdown by giving the system a much-needed infusion of cash, about $26 million per year, and more authority to manage its myriad problems.

The measure isn’t perfect. It would give a tremendous amount of power to the unelected Metropolitan Transportation Authority, a semiautonomous agency created in 1999 to reform Muni. But we also understand the arguments of Sup. Aaron Peskin — who wrote the measure in collaboration with labor and other groups — that the MTA is free to make tough decisions that someone facing reelection might avoid. And the measure still would give the Board of Supervisors authority to block the MTA’s budget, fare increases, and route changes with seven votes.

We’re also a little worried about provisions that could place the Taxicab Commission under the MTA’s purview and allow the agency to tinker with the medallion system and undermine Proposition K, the 1978 law that gives operating permits to working drivers, not corporations. Peskin promised us, on tape, that he will ensure, with legislation if necessary, that no such thing happens, and we’ll hold him to it.

Ultimately, the benefits of this measure outweigh our concerns. The fact that the labor movement has signed off on expanded management powers for the MTA shows how important this compromise is. The MTA would have the power to fully implement the impending recommendations in the city’s Transit Improvement Project study and would be held accountable for improvements to Muni’s on-time performance. New bonding authority under the measure would also give the MTA the ability to quickly pursue capital projects that would allow more people to comfortably use public transit.

The measure would also create an integrated transportation system combining everything from parking to cabs to bike lanes under one agency, which would then be mandated to find ways to roll back greenhouse gas emissions from transportation sources to 80 percent of 1990 levels by 2012. And to do that, the agency would get to keep all of the revenue generated by its new programs. As a side benefit — and another important reason to vote for Prop. A — approval of this measure would nullify the disastrous Proposition H on the same ballot.

San Francisco faces lots of tough choices if we’re going to minimize climate change and maximize the free flow of people through our landlocked city. Measure A is an important start. Vote yes.

Proposition B (commission holdovers)

YES


Proposition B is a simple good-government measure that ends a practice then-mayor Willie Brown developed into a science — allowing commissioners to continue serving after their terms expire, turning them into at-will appointments and assuring their loyalty.

Members of some of the most powerful commissions in town serve set four-year terms. The idea is to give the members, many appointed by the mayor, some degree of independence: they can’t be fired summarily for voting against the interests (or demands) of the chief executive.

But once their terms expire, the mayor can simply choose not to reappoint or replace them, leaving them in limbo for months, even years — and while they still sit on the commissions and vote, these holdover commissioners can be fired at any time. So their jobs depend, day by day, on the whims of the mayor.

Prop. B, sponsored by the progressives on the Board of Supervisors, simply would limit to 60 days the amount of time a commissioner can serve as a holdover. After that period, the person’s term would end, and he or she would have to step down. That would force the mayor to either reappoint or replace commissioners in a timely manner — and help give these powerful posts at least a chance at independence. Vote yes.

Proposition C (public hearings on proposed measures)

NO


Proposition C sure sounds good: it would mandate that the supervisors hold a hearing 45 days in advance before putting any measure on the ballot. The mayor would have to submit proposed ballot measures for hearings too. That would end the practice of last-minute legislation; since four supervisors can place any ordinance on the ballot (and the mayor can do the same), proposals that have never been vetted by the public and never subjected to any prior discussion often wind up before the voters. Sometimes that means the measures are poorly written and have unintended consequences.

But this really isn’t a good-government measure; it’s a move by the Chamber of Commerce and downtown to reduce the power of the district-elected supervisors.

The 1932 City Charter gave the supervisors the power to place items before the voters as a check on corruption. In San Francisco it’s been used as a check on downtown power. In 1986, for example, activists gathered enough voter signatures to place Proposition M, a landmark measure controlling downtown development, on the ballot. But then–city attorney Louise Renne, acting on behalf of downtown developers, used a ridiculous technicality to invalidate it. At the last minute, the activists were able to get four supervisors to sign on — and Prop. M, one of the most important pieces of progressive planning legislation in the history of San Francisco, ultimately won voter approval. Under Prop. C, that couldn’t have happened.

In theory, most of the time, anything that goes on the ballot should be subject to public hearings. Sometimes, as in the case of Prop. M, that’s not possible.

We recognize the frustration some groups (particularly small businesses) feel when legislation gets passed without any meaningful input from the people directly affected. But it doesn’t require a strict ballot measure like Prop. C to solve the problem. The supervisors should adopt rules mandating public hearings on propositions, but with a more flexible deadline and exemptions for emergencies. Meanwhile, vote no on Prop. C.

Proposition D (library preservation fund)

YES


In the 1980s and early 1990s, San Francisco mayors loved to cut the budget of the public library. Every time money was short — and money was chronically short — the library took a hit. It was an easy target. If you cut other departments (say, police or fire or Muni or public health), people would howl and say lives were in danger. Reducing the hours at a few neighborhood branch libraries didn’t seem nearly as dire.

So activists who argued that libraries were an essential public service put a measure on the ballot in 1994 that guaranteed at least a modest level of library funding. The improvements have been dramatic: branch library hours have increased more than 50 percent, library use is way up, there are more librarians around in the afternoons to help kids with their homework…. In that sense, the Library Preservation Fund has been a great success. The program is scheduled to sunset next year; Proposition D would extend it another 15 years.

If the current management of the public library system were a bit more trustworthy, this would be a no-brainer. Unfortunately, the library commission and staff have been resisting accountability; ironically, the library — a font of public information — makes it difficult to get basic records about library operations. The library is terrible about sunshine; in fact, activists have had to sue this year to get the library to respond to a simple public-records request (for nonconfidential information on repetitive stress injuries among library staff). And we’re not thrilled that a significant part of the library’s operating budget is raised (and controlled) by a private group, Friends of the San Francisco Public Library, which decides, with no oversight by an elected official, how as much as 10 percent of library money is spent.

But libraries are too valuable and too easy a budget target to allow the Library Preservation Fund to expire. And the way to fend off creeping privatization is hardly by starving a public institution for funds. So we’ll support Prop. D.

Proposition E (mayoral attendance at Board of Supervisors meetings)

YES, YES, YES


If it feels as though you’ve already voted on this, you have: last November, by a strong majority, San Franciscans approved a policy statement calling on the mayor to attend at least one Board of Supervisors meeting each month to answer questions and discuss policy. It’s a great idea, modeled on the very successful Question Time in the United Kingdom, under which the British prime minister appears before Parliament regularly and submits to questions from all political parties. Proposition E would force the mayor to comply. Newsom, despite his constant statements about respecting the will of the voters, has never once complied with the existing policy statement. Instead, he’s set up a series of phony neighborhood meetings at which he controls the agenda and personally selects which questions he’s going to answer.

We recognize that some supervisors would use the occasion of the mayor’s appearance to grandstand — but the mayor does that almost every day. Appearing before the board once a month isn’t an undue burden; in fact, it would probably help Newsom in the long run. If he’s going to seek higher office, he’s going to have to get used to tough questioning and learn to deal with critics in a forum he doesn’t control.

Beyond all the politics, this idea is good for the city. The mayor claims he already meets regularly with members of the board, but those meetings are private, behind closed doors. Hearing the mayor and the board argue about policy in public would be informative and educational and help frame serious policy debates. Besides, as Sup. Chris Daly says, with Newsom a lock for reelection, this is the only thing on the ballot that would help hold him accountable. Vote yes on Prop. E.

Proposition F (police pensions)

YES


We really didn’t want to endorse this measure. We’re sick and tired of the San Francisco Police Officers Association — which opposed violence-prevention funding, opposed foot patrols, opposes every new revenue measure, and bitterly, often viciously, opposes police accountability — coming around, tin cup in hand, every single election and asking progressives to vote to give the cops more money. San Francisco police officers deserve decent pay — it’s a tough, dangerous job — but the starting salary for a rookie cop in this town exceeds $60,000, the benefits are extraordinarily generous, and the San Francisco Police Department is well on its way to setting a record as the highest-paid police force in the country.

Now it wants more.

But in fact, Proposition F is pretty minor — it would affect only about 60 officers who were airport cops before the airport police were merged into the SFPD in 1997. Those cops have a different retirement system, which isn’t quite as good as what they would get with full SFPD benefits. We’re talking about $30,000 a year; in the end, it’s a simple labor issue, and we hate to blame a small group of officers in one division for the serious sins of their union and its leadership. So we’ll endorse Prop. F. But we have a message for the SFPOA’s president: if you want to beat up the progressives, reject new tax plans, promote secrecy, and fight accountability, don’t come down here again asking for big, expensive benefit improvements.

Proposition G (Golden Gate Park stables)

YES


This is an odd one: Proposition G, sponsored by Sup. Jake McGoldrick, would create a special fund for the renovation of the historic (and dilapidated) horse stables in Golden Gate Park. The city would match every $3 in private donations with $1 in public money, up to a total of $750,000. The city would leverage that money with $1.2 million in state funds available for the project and fix up the stables.

Supporters, including most of the progressive supervisors, say that the stables are a historic gem and that horseback riding in the park would provide "after-school, summer and weekend activities for families and youth." That might be a bit of a stretch — keeping horses is expensive, and riding almost certainly won’t be a free activity for anyone. But the stables have been the target of privatization efforts in the past and, under Newsom, almost certainly would be again in the future; this is exactly the sort of operation that the mayor would like to turn over to a private contractor. So for a modest $750,000, Prop. G would keep the stables in public hands. Sounds like a good deal to us. Vote yes.

Proposition H (reguutf8g parking spaces)

NO, NO, NO


It’s hard to overstate just how bad this measure is or to condemn strongly enough the sleazy and deceptive tactics that led Don Fisher, Webcor, and other downtown power brokers to buy the signatures that placed what they call "Parking for the Neighborhoods" on the ballot. That’s why Proposition H has been almost universally condemned, even by downtown’s allies in City Hall, and why Proposition A includes a provision that would negate Proposition H if both are approved.

Basically, this measure would wipe out three decades’ worth of environmentally sound planning policies in favor of giving every developer and homeowner the absolute right to build a parking space for every housing unit (or two spaces for every three units in the downtown core). While that basic idea might have some appeal to drivers with parking frustrations, even they should consider the disastrous implications of this greedy and shortsighted power grab.

The city has very little leverage to force developers to offer community benefits like open space or more affordable housing, or to design buildings that are attractive and environmentally friendly. But parking spots make housing more valuable (and expensive), so developers will help the city meet its needs in order to get them. That would end with this measure, just as the absolute right to parking would eliminate things like Muni stops and street trees while creating more driveways, which are dangerous to bicyclists and pedestrians. It would flip the equation to place developers’ desires over the public interest.

Worst of all, it would reverse the city’s transit-first policies in a way that ultimately would hurt drivers and property owners, the very people it is appealing to. If we don’t limit the number of parking spots that can be built with the 10,000 housing units slated for the downtown core, it will result in traffic gridlock that will lower property values and kill any chance of creating a world-class transit system.

But by then, the developers will be off counting our money, leaving us to clean up their mess. Don’t be fooled. Vote no.

Proposition I (Office of Small Business)

YES


Proposition I got on the ballot after small-business leaders tried unsuccessfully to get the supervisors to fund a modest program to create staff for the Small Business Commission and create a one-stop shop for small-business assistance and permitting. We don’t typically support this sort of after-the-fact ballot-box budgeting request, but we’re making an exception here.

San Francisco demands a lot from small businesses. It’s an expensive place to set up shop, and city taxes discriminate against them. We supported the new rules mandating that even small operations give paid days off and in many cases pay for health insurance, but we recognize that they put a burden on small businesses. And in the end, the little operators don’t get a whole lot back from City Hall.

This is a pretty minor request: it would allocate $750,000 to set up an Office of Small Business under the Small Business Commission. The funding would be for the first year only; after that the advocates would have to convince the supervisors that it was worth continuing. Small businesses are the economic and job-generation engines of San Francisco, and this one-time request for money that amounts to less than 1/10th of 1 percent of the city budget is worthy of support. Vote yes on Prop. I.

Proposition J (wireless Internet network)

NO


It’s going to be hard to convince people to vote against this measure; as one blogger put it, the mayor of San Francisco is offering free ice cream. Anyone want to decline?

Well, yes — decline is exactly what the voters should do. Because Proposition J’s promise of free and universal wireless Internet service is simply a fraud. And the way it’s worded would ensure that our local Internet infrastructure is handed over to a private company — a terrible idea.

For starters, San Francisco has already been down this road. Newsom worked out a deal a year ago with EarthLink and Google to provide free wi-fi. But the contract had all sorts of problems: the free access would have been too slow for a lot of uses, faster access wouldn’t have been free, there weren’t good privacy protections, and the network wouldn’t have been anything close to universal. Wi-fi signals don’t penetrate walls very well, and the signals in this plan wouldn’t have reached much above the second floor of a building — so anyone who lived in an interior space above the second floor (and that’s a lot of people) wouldn’t have gotten access at all.

So the supervisors asked a few questions and slowed things down — and it’s good they did, because EarthLink suddenly had a change in its business strategy and pulled out of citywide wi-fi altogether. That’s one of the problems with using a private partner for this sort of project: the city is subject to the marketing whims of tech companies that are constantly changing their strategies as the economic and technical issues of wi-fi evolve.

San Francisco needs a municipal Internet system; it ought to be part of the city’s public infrastructure, just like the streets, the buses, and the water and sewer lines. It shouldn’t rely just on a fickle technology like wi-fi either; it should be based on fiber-optic cables. Creating that network wouldn’t be all that expensive; EarthLink was going to do it for $10 million.

Prop. J is just a policy statement and would have no immediate impact. Still, it’s annoying and wrongheaded for the mayor to try to get San Franciscans to give a vote of confidence to a project that has already crashed and burned, and Sup. Aaron Peskin, the cosponsor, should never have put his name on it. Vote no.

Proposition K (ads on street furniture)

YES


San Francisco is awash in commercialism. With all of the billboards and ads, the city is starting to feel like a giant NASCAR racer. And a lot of them come from Clear Channel Communications, the giant, monopolistic broadcast outfit that controls radio stations, billboards, and now the contract to build new bus shelters in the city with even more ads on them.

Proposition K is a policy statement, sponsored by Sup. Jake McGoldrick, that seeks to bar any further expansion of street-furniture advertising in the city. That would mean no more deals with the likes of Clear Channel to allow more lighted kiosks with ads on them — and no more new bus shelter ads. That’s got Clear Channel agitated — the company just won the 15-year bid to rebuild the city’s existing 1,200 Muni shelters, and now it wants to add 380 more. Clear Channel argues that the city would get badly needed revenue for Muni from the expanded shelters; actually, the contract already guarantees Muni a large chunk of additional funding. And nothing in Prop. K would block Clear Channel from upgrading the existing shelters and plastering ads all over them.

On a basic philosophical level, we don’t support the idea of funding Muni by selling ads on the street, any more than we would support the idea of funding the Recreation and Park Department by selling the naming rights to the Hall of Flowers or the Japanese Tea Garden or the golf courses. On a practical level, the Clear Channel deal is dubious anyway: the company, which runs 10 mostly lousy radio stations in town and gives almost nothing of value to the community, refuses to provide the public with any information on its projected profits and losses, so there’s no way to tell if the income the city would get from the expanded shelters would be a fair share of the overall revenue.

Vote yes on K.

Filling Ed Jew’s seat

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EDITORIAL It took a while for Mayor Gavin Newsom to make the obvious move and suspend Sup. Ed Jew, but here are much deeper politics here than just the dubious future of an elected official who should have resigned long ago and will almost certainly be forced out of office.

The mayor has appointed Carmen Chu, a political unknown, to fill Jew’s seat — for now. Technically, it’s an interim appointment; if and when the supervisors vote to remove Jew from office, after what could be a lengthy process, Newsom will be able to name someone to take over the District 4 seat until the next election. And since the mayor won’t say who will get that post, the future of the board is in limbo.

There are plenty of scenarios floating around at City Hall. The way some rumors have it, Newsom will try to pick up not just one but two seats in this play.

Jew, for all his conservatism, was not a loyal Newsom ally, and the mayor couldn’t count on his vote. Replacing him will presumably give the mayor another loyalist to join Sups. Sean Elsbernd, Michela Alioto-Pier, and (sometimes) Bevan Dufty. Political observers have been specuutf8g that Newsom may try to find a job that would entice Sup. Gerardo Sandoval — whose final term is winding down — to leave the board early; the obvious way to do that would be to convince Assessor Phil Ting to move into Jew’s seat as a permanent replacement, then give Sandoval the assessor’s job, which he ran for unsuccessfully in 2005.

In the end, under that sort of scenario, the mayor could wind up with as many as five allies on the board — nearly a majority. That would be a dramatic change in local politics and could raise the prospect of the progressives completely losing control of the board in 2008.

It also means that Newsom will in effect be asking the supervisors in the next few weeks to vote on removing Jew without giving them any idea who will replace him.

The politics shouldn’t directly influence the Jew vote; if the suspended supervisor is, in fact, guilty of misconduct (and the evidence looks pretty damning), then the board should remove him from office. But Newsom has a responsibility to play fair too; the mayor needs to tell the public, before the final vote on Jew’s fate, whom he plans to appoint to that seat.

In an interview in the Guardian office on Oct. 1, Newsom strongly implied that he has no plans to try to free up another seat on the board, that there’s no political deal or backroom move in the works. But he also refused to commit to telling the public whom his final choice will be for that seat and said he reserves the right to make any moves that he legally can under the City Charter.

If Newsom isn’t playing games here, fine: what’s the harm in saying, now, what his intentions are? It would defuse the rumors, end the political speculation, and allow the board vote to be exactly what it should be — an up-or-down vote on removing Ed Jew.

No bus shelter secrecy

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EDITORIAL Clear Channel Communications, the notorious national media conglomerate that has been monopolizing (and dumbing down) radio for years, is poised to take over the contract to rebuild the city’s bus shelters. The deal gives the company, which also dominates the local billboard market, the right to sell ads on the shelters for 15 years. It’s worth a lot of money — and it’s not at all clear that the city is getting its fair share. That’s because Clear Channel refuses to open its books and allow the public to see what sort of profits it expects to rake in through the program.

Keeping that information secret is probably illegal under the city’s Sunshine Ordinance. It’s certainly bad public policy. The supervisors should block this deal until the financial figures come to light.

The bus shelter program is a classic example of the city using a private partnership to provide a service that ought to be paid for with tax money. The deal requires the vendor to build and maintain shelters at more than 1,000 bus stops, something the city, which hasn’t been aggressive about raising new revenue, can’t afford to do. In exchange, the vendor gets to sell ads all over the shelters, turning Muni stops across the city into commercial marketing devices.

It’s too late to stop that train altogether (although Proposition K would slow it down a bit). Clear Channel has won, in a competitive bidding process, the right to negotiate a final contract with Muni. But the deal will have to go before the supervisors eventually, and when it does they should demand that Clear Channel release its financial projections.

That’s already the intent of city law. The Sunshine Ordinance, passed by the voters in 1999 as Proposition G, includes language specifically tailored to this kind of circumstance. Section 67.32 states, in part, "The city shall give no subsidy in money, tax abatements, land, or services to any private entity unless that entity agrees in writing to provide the city with financial projections (including profit and loss figures), and annual audited financial statements for the project thereafter, for the project upon which the subsidy is based and all such projections and financial statements shall be public records that must be disclosed."

It’s pretty hard to argue that allowing Clear Channel to build advertising structures on city land, as a part of the city’s bus system, with millions of captive customers who are city transit users, is anything but a subsidy within the meaning of Prop. G. City Attorney Dennis Herrera should look into that, and if necessary the supervisors should ask for a specific opinion on whether the city can legally do any business with Clear Channel on this deal before the company releases its finances. The Sunshine Ordinance Task Force should hold a hearing on the deal and advise the mayor and supervisors on whether it complies with the Sunshine Ordinance.

But lawyers can wriggle around words like subsidy, and even if Herrera and the Clear Channel legal team come up with some strange argument allowing the contract to move forward, the supervisors should have none of it. If a giant media monolith wants an exclusive right to sell ads on city property, then the city ought to know how much money is involved so that city officials, in full view of the public, can determine if the contract is a good deal. Clear Channel argues that it’s a private company, and that’s true — but the contract is exclusive, so there are no competitive issues. And if Clear Channel doesn’t want to comply with the city’s sunshine requirements, Muni should put the contract back out to bid and find someone who does.

Lennar’s troubles continue

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A busload of 49er fans based in Bayview Hunters Point traveled to the 49ers headquarters in Santa Clara today to ask the team owners not to build a new stadium with developer Lennar. The group also requested a meeting with the York family regarding health problems they say are a result of Lennar’s activities.

In November 2006, the York family announced that the team was planning to leave San Francisco and relocate to Santa Clara. The announcement set off an intense competition to win the 49ers’ affections. As part of that battle, Mayor Gavin Newsom offered to build a new stadium at Hunters Point Shipyard—a move mayoral candidate Dr. Ahimsa Porter Sumchai decried as “a dirty transfer of the shipyard.”

Jaron Browne of People Organized to Win Employment Rights, which participated in today’s bus ride, told the Guardian that the Yorks “weren’t able to come out and give a statement”.

“But we delivered an informational packet, including medical records and the personal accounts of people living in the surrounding neighborhood. Our message was, ‘Lennar is not a builder in good faith’,” Browne said.

The bus ride came the day after the San Francisco Board of Education voted unanimously, on the basis of their belief that the City’s precautionary principle requires them to take “anticipatory action” to prevent harm, to call on the Mayor, the Board of Supervisors, the Redevelopment Agency the Department of Public Health and other relevant City agencies to “require an immediate halt of Lennar’s development of Parcel A of the Hunters Point Shipyard until an immediate and independent health and safety assessment can be conducted in cooperation with the SFUSD Superintendent and the School District’s School Health Programs Office and other relevant community organizations and City task forces like the SF Asthma Task Force.”

Their vote makes the School Board the first elected body in San Francisco to insist on a halt and comes ten months after a group of Bayview Hunters Point residents first started to ask for a temporary work stoppage until community health concerns could be addressed.

The School Board’s decision comes shortly after the California Department of Public Health’s, which is funded Agency for Toxic Substances and Disease Registry, released a report in response to concerns about Lennar’s grading operations at Parcel A.

The report finds, amongst many other concerns, that there are validity problems with the monitoring equipment that Lennar is currently using at the site, which is designed for indoor, not outdoor, conditions.

“Due to the novel application of the equipment for fence line monitoring,” notes the report, “CDPH is not able to interpret whether dust exposures in the community occurred that would explain some of the community health complaints such as headaches, bloody noses, adult onset asthma, respiratory symptoms, nausea and vomiting.”

The report also suggests beefing up monitoring and mitigation measures, and giving more power to City officials overseeing the site. It does not recommend any health screenings.

Lennar officials immediately issued a press release claiming that the report “supports recent findings by state and local public health professionals that grading operations at a construction site pose no significant long-term health threats to residents in San Francisco’s Bayview Hunters Point neighborhood.”

But a thorough reading of the CDPH’s report raises numerous concerns with Lennar’s monitoring operations and makes major recommendations for the site.

Why won’t Newsom name Jew’s real replacement?

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More and more City Hall watchers are focusing on the asterisk that the Mayor’s Office has left next to the name of the newest member of the Board of Supervisors, Carmen Chu.

“She’s an interim replacement,” Newsom flak Nathan Ballard confirmed for me yesterday. In other words, she may just be a placeholder until the Board of Supervisors votes whether to remove disgraced Sup. Ed Jew from office a few weeks from now.

“At the point when Ed Jew is removed from office…then the mayor would have the opportunity to appoint a permanent replacement or appoint Carmen,” Ballard said. Asked whether the mayor has made that decision yet, Ballard told us, “We’ll cross that bridge when we come to it.”

This is unbelievable, particularly given the FBI raided Jew’s office and by his own admission found a wad of ill-gotten cash way back in May. Newsom has had plenty of time to pick a replacement, and probably already did well before Monday when he informed Chu of her selection. And I’m not the only one who smells the foul stench of a political power grab in Newsom’s strangely secretive ploy.

The underground campaign

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Click here for the Guardian 2007 Election Center: interviews, profiles, commentary, and more

› news@sfbg.com

Elections usually create an important public discussion on the direction of the city. Unfortunately, that debate isn’t really happening this year, largely because of the essentially uncontested races for sheriff and district attorney and the perception that Mayor Gavin Newsom is certain to be reelected, which has led him to ignore his opponents and the mainstream media to give scant coverage to the mayoral race and the issues being raised.

To the casual observer, it might seem as if everyone is content with the status quo.

But the situation looks quite different from the conference room here at the Guardian, where this season’s endorsement interviews with candidates, elected officials, and other political leaders have revealed a deeply divided city and real frustration with its leadership and direction.

In fact, we were struck by the fact that nobody we talked to had much of anything positive to say about Newsom. Granted, most of the interviews were with his challengers — but we’ve also talked to Sheriff Mike Hennessey and District Attorney Kamala Harris, both of whom have endorsed the mayor, and to supporters and opponents of various ballot measures. And from across the board, we got the sense that Newsom’s popularity in the polls isn’t reflected in the people who work with him on a regular basis.

Newsom will be in to talk to us Oct. 1, and we’ll be running his interview on the Web and allowing him ample opportunity to present his views and his responses.

Readers can listen to the interviews online at www.sfbg.com and check out our endorsements and explanations in next week’s issue. In the meantime, we offer this look at some of the interesting themes, revelations, and ideas that are emerging from the hours and hours of discussions, because some are quite noteworthy.

Like the fact that mayoral candidates Quintin Mecke and Harold Hoogasian — respectively the most progressive and the most conservative candidate in the race — largely agree on what’s wrong with the Newsom administration, as well as many solutions to the city’s most vexing problems. Does that signal the possibility of new political alliances forming in San Francisco, or at least new opportunities for a wider and more inclusive debate?

Might Lonnie Holmes and Ahimsa Porter Sumchai — two African American candidates with impressive credentials and deep ties to the community — have something to offer a city struggling with high crime rates, lingering racism, environmental and social injustice, and a culture of economic hopelessness? And if we’re a city open to new ideas, how about considering Josh Wolf’s intriguing plan for improving civic engagement, Grasshopper Alec Kaplan’s "green for peace" initiative, or Chicken John Rinaldi’s call to recognize and encourage San Francisco as a city of art and innovation?

There’s a lot going on in the political world that isn’t making the front page of the San Francisco Chronicle. The interviews we’ve been conducting point to a street-level democracy San Francisco–style in all its messy and wonderful glory. And they paint a picture of possibilities that lie beyond the news releases.

THE RIGHT AND THE LEFT


As the owner of Hoogasian Flowers on Seventh Street and a vocal representative of the small-business community, mayoral candidate Hoogasian describes himself as a "sensitive Republican," "a law-and-order guy" who would embrace "zero-based budgeting" if elected. "The best kind of government is the least kind of government," Hoogasian told us.

Those are hardly your typical progressive sentiments.

Yet Hoogasian has also embraced the Guardian‘s call for limiting new construction of market-rate housing until the city develops a plan to encourage the building of more housing affordable to poor and working-class San Franciscans. He supports public power, greater transparency in government, a moratorium on the privatization of government services, and a more muscular environmentalism. And he thinks the mayor is out of touch.

"I’m a native of San Francisco, and I’m pissed off," said Hoogasian, whose father ran for mayor 40 years ago with a similar platform against Joe Alioto. "Newsom is an empty suit. When was the last time the mayor stood before a pool of reporters and held a press conference?"

Mecke, program director of the Safety Network, a citywide public safety program promoting community-driven responses to crime and violence, is equally acerbic when it comes to Newsom’s news-release style of governance.

"It’s great that he wants to focus on the rock star elements, but we have to demand public accountability," said Mecke, who as a member of the Shelter Monitoring Committee helps inspect the city’s homeless shelters to ensure that people are treated with dignity and respect. "Even Willie Brown had some modicum of engagement."

Mecke advocates for progressive solutions to the crime problem. "We need to get the police to change," he said. "At the moment we have 10 fiefdoms, and the often-touted idea of community policing doesn’t exist."

Hoogasian said he jumped into the mayor’s race after "this bozo took away 400 garbage cans and called it an antilitter program." Mecke leaped into the race the day after progressive heavyweight Sup. Chris Daly announced he wasn’t running, and he won the supervisor’s endorsement. Both Hoogasian and Mecke express disgust at Newsom’s ignoring the wishes of San Franciscans, who voted last fall in favor of the mayor attending Board of Supervisors meetings to have monthly policy discussions.

"Why is wi-fi on the ballot [Proposition J] if the mayor didn’t respect that process last year?" Mecke asked.

Hoogasian characterized Newsom’s ill-fated Google-EarthLink deal as "a pie-in-the-sky idea suited to getting young people thinking he’s the guns" while only giving access to "people sitting on the corner of Chestnut with laptops, drinking lattes."

In light of San Francisco’s housing crisis, Hoogasian said he favors a moratorium on market-rate housing until 25,000 affordable units are built, and Mecke supports placing a large affordable-housing bond on next year’s ballot, noting, "We haven’t had one in 10 years."

Hoogasian sees Newsom’s recent demand that all department heads give him their resignations as further proof that the mayor is "chickenshit." Mecke found it "embarrassing" that Sup. Ross Mirkarimi had to legislate police foot patrols twice in 2006, overcoming Newsom vetoes.

"San Francisco should give me a chance to make this city what it deserves to be, " Hoogasian said.

Mecke said, "I’m here to take a risk, take a chance, regardless of what I think the odds are."

ENDING THE VIOLENCE


Holmes and Sumchai have made the murder rate and the city’s treatment of African Americans the centerpieces of their campaigns. Both support increased foot patrols and more community policing, and they agree that the root of the problem is the need for more attention and resources.

"The plan is early intervention," Holmes said, likening violence prevention to health care. "We need to start looking at preventative measures."

In addition to mentoring, after-school programs, and education, Holmes specifically advocates comprehensive community resource centers — a kind of one-stop shopping for citizens in need of social services — "so individuals do not have to travel that far outside their neighborhoods. If we start putting city services out into the communities, then not only are we looking at a cost savings to city government, but we’re also looking at a reduction in crime."

Sumchai, a physician, has studied the cycles of violence that occur as victims become perpetrators and thinks more medical approaches should be applied to social problems. "I would like to see the medical community address violence as a public health problem," she said.

Holmes said he thinks the people who work on violence prevention need to be homegrown. "We also need to talk about bringing individuals to the table who understand what’s really going on in the streets," he said. "The answer is not bringing in some professional or some doctor from Boston or New York because they had some elements of success there.

"When you take a plant that’s not native to the soil and try to plant it, it dies…. If there’s no way for those program elements or various modalities within those programs to take root somewhere, it’s going to fail, and that’s what we’ve seen in the Newsom administration."

Holmes spoke highly of former mayor Art Agnos’s deployment of community workers to walk the streets and mitigate violence by talking to kids and brokering gang truces.

The fate of the southeast sector of the city concerns both locals. Sumchai grew up in Sunnydale, and Holmes lived in the Western Addition and now lives in Bernal Heights. Neither is pleased with the city’s redevelopment plan for the Hunters Point Shipyard. "I have never felt that residential development at the shipyard would be safe," said Sumchai, who favors leaving the most toxic sites as much-needed open space.

Despite some relatively progressive ideas — Holmes suggested a luxury tax to finance housing and services for homeless individuals, and Sumchai would like to see San Francisco tax fatty foods to pay for public health programs — both were somewhat averse to aligning too closely with progressives.

Sumchai doesn’t like the current makeup of the Board of Supervisors, and Holmes favors cutting management in government and turning services over to community-based organizations.

But both made it clear that Newsom isn’t doing much for the African American community.

ORIGINAL IDEAS


The mayor’s race does have several colorful characters, from the oft-arrested Kaplan to nudist activist George Davis to ever-acerbic columnist and gadfly H. Brown. Yet two of the more unconventional candidates are also offering some of the more original and thought-provoking platforms in the race.

Activist-blogger Wolf made a name for himself by refusing to turn over to a federal grand jury his video footage from an anarchist rally at which a police officer was injured, defying a judge’s order and serving 226 days in federal prison, the longest term ever for someone asserting well-established First Amendment rights.

The Guardian and others have criticized the San Francisco Police Department’s conduct in the case and Newsom’s lack of support. But Wolf isn’t running on a police-reform platform so much as a call for "a new democracy plan" based loosely on the Community Congress models of the 1970s, updated using the modern technologies in which Wolf is fluent.

"The basic principle can be applied more effectively today with the advent of the Internet and Web 2.0 than was at all possible to do in the 1970s," Wolf said, calling for more direct democracy and an end to the facade of public comment in today’s system, which he said is "like talking to a wall."

"It’s not a dialogue, it’s not a conversation, and it’s certainly not a conversation with other people in the city," Wolf said. "No matter who’s mayor or who’s on the Board of Supervisors, the solutions that they are able to come up with are never going to be able to match the collective wisdom of the city of San Francisco. So building an online organism that allows people to engage in discussions about every single issue that comes across City Hall, as well as to vote in a sort of straw-poll manner around every single issue and to have conversations where the solutions can rise to the surface, seems to be a good step toward building a true democracy instead of a representative government."

Also calling for greater populism in government is Chicken John Rinaldi (see "Chicken and the Pot," 9/12/07), who shared his unique political strategy with us in a truly entertaining interview.

"I’m here to ask for the Guardian‘s second-place endorsement," Rinaldi said, aware that we intend to make three recommendations in this election, the first mayor’s race to use the ranked-choice voting system.

Asked if his running to illustrate a mechanism is akin to a hamster running on a wheel, Rinaldi elaborated on the twin issues that he holds dear to his heart — art and innovation — by talking about innovative ways to streamline the current complexities that artists, performers, and others must face when trying to get a permit to put on an event in San Francisco.

"I’m running for the idea of San Francisco," Rinaldi said. He claimed to be painting a campaign logo in the style of a mural on the side of his warehouse in the Mission District: "It’s going to say, ‘Chicken, it’s what’s for mayor,’ or ‘Chicken, the other white mayor.’"

He repeatedly said that he doesn’t know what he’s talking about; when we asked him what he’d do if he won, he told us that he’ll hire Mecke, Holmes, Sumchai, and Wolf to run the city.

Yet his comedy has a serious underlying message: "I want to create an arts spark." And that’s something he’s undeniably good at.

THE LAW-ENFORCEMENT VIEW


Sheriff Hennessey and District Attorney Harris aren’t being seriously challenged for reelection, and both decided early (despite pleas from their supporters) not to take on Newsom for the top job. In fact, they’re both endorsing him.

But in interviews with us, they were far from universally laudatory toward the incumbent mayor, saying he needs to do much more to get a handle on crime and the social- and economic-justice issues that drive it.

Hennessey said San Francisco’s county jail system is beyond its capacity for inmates and half of them are behind bars on drug charges, even in a city supposedly opposed to the war on drugs.

"I had this conversation with the mayor probably a year ago," Hennessey said. "I took him down to the jail to show him there were people sleeping on the floor at that time. I needed additional staff to open up a new unit. He came down and looked at the jails and said, ‘Yeah, this is not right.’"

Asked how he would cut the jail population in half, Hennessey — in all seriousness — suggested firing the city’s narcotics officers. He readily acknowledged that the culture within the SFPD is a barrier to creating a real dialogue and partnership with the rest of the city. How would he fix it? Make the police chief an elected office.

"From about 1850 to 1895, the San Francisco police chief was elected," he said. "I think it’d be a very good idea for this city. It’s a small enough city that I think the elected politicians really try to be responsive to the public will."

Hennessey said that with $10 million or $15 million more, he could have an immediate impact on violence in the city by expanding a program he began last year called the No Violence Alliance, which combines into one community-based case-management system all of the types of services that perpetrators of violence are believed to be lacking: stable housing, education, decent jobs, and treatment for drug addiction.

Harris told us so-called quality-of-life crimes, including hand-to-hand drug sales no matter how small, deserve to be taken seriously. But it’s not a crime to be poor or homeless, she insisted and eagerly pointed to her own reentry program for offenders, Back on Track.

More than half of the felons paroled in San Francisco in 2003 returned to prison not long thereafter, reaffirming the continuing plague of recidivism in California. Harris said more than 90 percent of the people who participated in the pilot phase of Back on Track were holding down a job or attending school by the time they graduated from the program. "DAs around the country are listening to what we’re saying about how to achieve smart public safety," she said of the reentry philosophy.

But at the end of the day, Harris is a criminal prosecutor before she’s a nonprofit administrator. And her relationship with the SFPD at times has amounted to little more than a four-year stalemate. Harris and former district attorney Terrence Hallinan both endured accusations by cops that they were too easy on defendants and reluctant to prosecute.

To help us understand who’s right when it comes to the murder rate, Harris shared some telling statistics. She said the rate of police solving homicides in San Francisco is about 30 percent, compared with 60 percent nationwide. And she said she’s gotten convictions in 90 percent of the murder cases she’s filed. Nonetheless, cops consistently blame prosecutors for crimes going unpunished.

"I go to so many community meetings and hear the story," she said. "I cannot tell you how often I hear the story…. It’s a self-defeating thing to say, ‘I’m not going to work because the DA won’t prosecute.’ … If no report is taken, then you’re right: I’m not going to prosecute."

YES AND NO


In addition to the candidates, the Guardian also invites proponents and opponents of the most important ballot measures (which this year include the transportation reform Measure A and its procar rival, Measure H), as well as a range of elected officials and activists, including Sups. Aaron Peskin, Tom Ammiano, Jake McGoldrick, Mirkarimi, and Daly.

Although none of these people are running for office, the interviews have produced heated moments: Guardian editor and publisher Bruce B. Brugmann took Peskin and other supervisors to task for not supporting Proposition I, which would create a small-business support center. That, Brugmann said, would be an important gesture in a progressive city that has asked small businesses to provide health care, sick pay, and other benefits.

Taxi drivers have also raised concerns to us about a provision of Measure A — which Peskin wrote with input from labor and others and which enjoys widespread support, particularly among progressives — that could allow the Board of Supervisors to undermine the 29-year-old system that allows only active drivers to hold valuable city medallions. In response, Peskin told us that was not the intent and that he is already working with Newsom to address those concerns with a joint letter and possible legislation.

"If San Francisco is going to be a world-class city, it’s got to have a great transportation infrastructure," Peskin told us about the motivation behind Measure A. "This would make sure that San Francisco has a transit-first policy forever."

Measure A would place control of almost all aspects of the transportation system under the Metropolitan Transportation Commission and give that panel more money and administrative powers in the process, while letting the Board of Supervisors retain its power to reject the MTA’s budget, fare hikes, or route changes. He also inserted a provision in the measure that would negate approval of Measure H, the downtown-backed measure that would invalidate existing city parking policies.

Ironically, Peskin said his approach would help prevent the gridlock that would result if the city’s power brokers got their wish of being able to build 10,000 housing units downtown without restrictions on automobile use and a revitalization of public transit options. As he said, "I think we are in many ways aiding developers downtown because [current development plans are] predicated on having a New York–style transit system."

Asked about Newsom’s controversial decision to ask for the resignations of senior staff, Peskin was critical but said he had no intention of having the board intervene. McGoldrick was more animated, calling it a "gutless Gavin move," and said, "If you want to fire them, friggin’ fire them." But he said it was consistent with Newsom’s "conflict-averse and criticism-averse" style of governance.

McGoldrick also had lots to say about Newsom’s penchant for trying to privatize essential city services — "We need to say, ‘Folks, look at what’s happening to your public asset’" — and his own sponsorship of Proposition K, which seeks to restrict advertising in public spaces.

"Do we have to submit to the advertisers to get things done?" McGoldrick asked us in discussing Prop. K, which he authored to counter "the crass advertising blight that has spread across this city."*

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