Supervisors

The billion-dollar rate hike

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EDITORIAL Nobody wants to pay higher electric rates, but the real issue about Pacific Gas and Electric Co.’s new rate hike is its impact not just on residents and small businesses, which will bear the brunt of it, but on the Northern California economy as a whole. And figures we have received from the California Public Utilities Commission show that the hit will be close to $1 billion.

The San Francisco supervisors need to demand a comprehensive study of how the city’s economy will directly suffer.

A little background: In 2002, Irwin Kellner, an economist at Hofstra University in New York, did an analysis of how public power on Long Island affected the region’s economy. His research showed that the Long Island Power Authority, which had replaced a private power company four years earlier, had reduced rates by 20 percent — and that had injected $2 billion into the Long Island economy. The lower rates "helped Long Island stave off the effects of a national recession and the terrible events of Sept. 11 [2001]," Kellner concluded (see "The $620 Million Shakedown," 9/4/02).

The reason is simple: when residents and small businesses have lower electric bills, they tend to spend that money locally — and since local spending tends to generate more local spending, every dollar that’s spent in a local economy has an impact of as much as $5.

On the flip side, if private utilities raise rates, they tend to suck money out of the local economy and ship it to out-of-town investors, subsidiaries, and projects.

We used Kellner’s model — with his consent and guidance — and concluded at the time that PG&E’s rate hikes had cost the San Francisco economy $620 million. The Board of Supervisors, at the request of Sup. Chris Daly, asked the city controller to pursue this issue, review our work, and release an official report on the impact of high PG&E rates on San Francisco.

No report was ever issued.

Fast-forward to 2007, when PG&E has announced that it’s raising rates on residents and small businesses. (Many big customers will get a rate reduction.) Figures we obtained from the CPUC’s Division of Ratepayer Advocates show that the rate hike will cost residents $121 million per year and small businesses $74 million per year. Together, that’s a $195 million annual hit. According to Kellner’s formula, which multiplies that annual cost by five, the total impact on the Northern California economy will be $975 million — almost $1 billion per year.

The State Legislature ought to commission a study on how this will affect employment, tax revenues, and other key economic indicators. San Francisco, a city that still hasn’t fulfilled its historic public power mandate, should do the same thing. The supervisors should ask the controller to explain why Daly’s request was never honored — and demand a full, detailed report on the economic impact of this damaging rate hike, with a deadline. And if the controller can’t do it, they should assign it to Budget Analyst Harvey Rose.

Stop the developers now

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EDITORIAL Sup. Tom Ammiano is taking a key step toward ending the gold rush by local housing developers who want to get their projects approved under the wire before the city can put in place new zoning controls for the eastern neighborhoods. The supervisors ought to approve his resolution as quickly as possible.

The eastern neighborhoods planning process has been under way for years; at this point the Planning Department is projecting final language for a proposal sometime around the end of the year. Then it will go to the supervisors, who will be able to debate, hold hearings on, and amend the plan. All of this will take months — and in the meantime, the Planning Commission keeps approving projects.

According to a startling document that the Planning Department posted on its Web site last week, some 30,000 housing units are in the pipeline — projects that have permits pending, have been approved, or are under construction. Nearly 5,000 units are already under construction, and applications for 142 projects, with a total of 9,305 units, are now before the department. That’s a whole lot of new construction, a whole lot of market-rate condos that don’t fit in with the city’s General Plan. Every one of the developers would like to get permission to go forward before any further limits are placed on housing construction.

And the Planning Commission seems happy to oblige: market-rate projects on César Chávez and Valencia streets both won the nod in the past few weeks, infuriating neighborhood activists who wanted to see more affordable housing. And to make matters worse, as Ammiano noted in introducing temporary controls for new housing, the commission rejected a proposal to collect fees of $12 per square foot to fund community amenities and mitigation. "Why the commission chose not to impose conditions on projects in the pipeline is beyond reason," Ammiano said.

His measure would deny permits for any new development in the eastern neighborhoods for the next 18 months or until a full eastern neighborhoods plan is approved by the Board of Supervisors. That makes perfect sense — everyone who wants to build housing in San Francisco knows that there are new zoning rules coming; there’s no surprise here. And if the commission is allowed to keep green-lighting market-rate housing without adequate planning for building the necessary parks, transportation infrastructure, police and fire stations, etc., the city will be absorbing as many as 30,000 new housing units without adequate mitigation.

There’s a larger question here too: as we pointed out last week (see "Our Three-Point Plan to Save San Francisco," 9/19/07), the current proposals in the eastern neighborhoods draft plans don’t do anywhere near enough to provide housing for working-class and low-income San Franciscans. The housing that’s in the pipeline will do nothing to bring down costs and will instead attract world travelers, speculators, and young Silicon Valley workers, who can afford small, expensive condos. That sort of housing policy doesn’t help fight sprawl or global warming, since it forces people who now work in San Francisco to move farther and farther out of town to find affordable places to live.

So the supervisors may decide to do the sane thing when they get the eastern neighborhoods plan and strictly limit new market-rate housing until the deficit in affordable units is under control. And there may be a ballot initiative to completely transform the way housing policy is set in this city (see "A Prop. M for Housing," 9/19/07). Allowing tens of thousands more luxury condo units to be built before the city has the chance to decide how it wants to handle future housing policy is a terrible idea.

Putting on hold projects that are almost certainly not consistent with the direction this city should go until there’s a chance to finalize the eastern neighborhoods plan is a no-brainer. The board should approve Ammiano’s proposal — with no special exceptions for any developer or any project.

Cold case

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› gwschulz@sfbg.com

The gruesome death of a French national living in San Francisco is becoming a political hornet’s nest for local top law enforcement officials and the Mayor’s Office.

It’s still not clear how local homicide cops will define 36-year-old Hugues de la Plaza’s death after months of allowing for and even favoring the possibility that he took his own life. Suicide would have made things much less difficult for everyone in San Francisco responsible for catching those who kill, but few people close to de la Plaza believe that he killed himself.

But the French ambassador to the United States, Pierre Vimont, a confidant of newly elected president Nicolas Sarkozy, is following the case closely, and a police officer at the French consulate in Los Angeles is transutf8g hundreds of e-mails from de la Plaza’s Google and Yahoo accounts as well as mining material from the hard drive of his computer after breaking into it last week, a task homicide inspectors here apparently hadn’t yet bothered with.

"I have notified others regarding the implications contained in your letter and the wishes that you expressed to ensure an in-depth and serious inquest into the death of your son," Vimont wrote to de la Plaza’s parents, Mireille and François, earlier this year, according to our rough translation.

The status of the case right now is hardly reassuring for the de la Plazas, who forked out their own cash for a private investigator.

Recent photos of de la Plaza show him with unshorn black hair spilling out from an army cap and wide dark eyes under a pair of bushy brows.

His ex-girlfriend, Mellisa Nix, with whom he remained close, will testify soon in front of the Board of Supervisors’ Public Safety Committee on how well the SFPD is investigating violent crimes in the city as the homicide rate marches swiftly toward a 15-year high.

More than half of the annual homicide cases in San Francisco since 2001 have resulted in no arrests, according to the Police Department’s statistics, and that includes those in which the feds became involved.

Nix has doggedly pursued de la Plaza’s case, starting a blog with photos and updates, frequently calling area newsrooms to urge follow-up stories — she’s a reporter for the Sacramento Bee — and pestering the SFPD’s homicide unit to the point that it now refuses to answer her questions. Messages we left with the SFPD’s Bureau of Investigations seeking comment were not returned.

"From the get-go I had a sense that this investigation was being conducted in a fashion that doesn’t shed a very good light on the SFPD," Nix told the Guardian. "I was the one who had to call the parents and tell them their son was dead."

Two police officers kicked open the back door of 462 Linden on the morning of June 2 after a neighbor discovered blood dripping off de la Plaza’s front doorknob, with spattered pools of it leading from the threshold. They found de la Plaza lying on the floor, stabbed multiple times amid a grizzly scene of more blood that spread from the bathroom up the hallway to the kitchen and into the living room, where it soaked the coach and a television was knocked over.

De la Plaza had recently purchased land in Argentina, earned a promotion at work, acquired a new laptop, and made plans for the upcoming week — all things friends say a man considering suicide wouldn’t have done. But Nix said he had been frequently dating online, and it’s possible that an estranged lover or someone’s boyfriend attacked him.

The night of June 1 he’d met with a friend from work at SF Underground in the Lower Haight after going on a date to an art gallery with another transplant from France.

Nothing significant appeared to be stolen from his apartment after he made it home after last call, and both the front and back doors were locked when the two officers arrived. Immediately, police and officials from the Medical Examiner’s Office suspected a suicide. But Nix and others close to de la Plaza believe that persistent assumption has allowed the case’s trail to grow cold despite evidence suggesting he was murdered.

"It’s fucked-up in retrospect," said Orion Denley, a friend and neighbor who was briefly questioned by police the day de la Plaza was found. "I kept thinking, ‘How come they aren’t asking me if I heard anything?’ All they did was ask over and over again if he was suicidal, like they had already made up their minds that he had committed suicide."

No one from the Police Department contacted him again, but Denley said he heard de la Plaza’s front door slam three times, followed by two crashes and the sound of a distinct set of footsteps on the stairs leading from the apartment.

"It was definitely someone exiting the building," he said, "because you could hear the footsteps getting quieter as they ran away."

There was no suicide note or apparent weapon, nor was there an immediate suspect. Police found a knife in the sink with trace substances that could have been de la Plaza’s blood. They’ve since missed at least two promised deadlines for the completion of a DNA analysis, and now there’s no telling when the results will be available. It’s the only real piece of evidence left allowing investigators to regard de la Plaza’s death merely as suspicious rather than a murder.

"It’s something that I don’t think Hugues would have ever considered doing," Nix said of the suicide theory. "He had his ups and downs. He was a very private person. But if he were going to kill himself, he would probably write a letter. He was very precise and particular about how he conducted his life."

But there’s no doubt the pressure’s on. Sup. Ross Mirkarimi has vocalized his disapproval of the way skyrocketing homicides in his district — which includes the Hayes Valley neighborhood, where de la Plaza lived — are being handled by the Police Department, and District Attorney Kamala Harris has paid special attention to the case. Her chief assistant met twice with de la Plaza’s family, who visited for several weeks earlier in the summer.

The family also met with Inspector Tony Casillas and bureau captain Kevin Cashman but returned to France largely empty-handed. They’ve since discussed using insurance money they received after de la Plaza’s death to establish a support group in San Francisco for the families of victims whose murders go unsolved.

"Is that what it takes in San Francisco? Hire a private investigator and involve a foreign police force?" Nix wrote to Mayor Gavin Newsom in July. "If so, shame on the leaders of San Francisco. If so, God help those in your city who do not have such resources."

Jew out, Chu in. Who? Chu

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Mayor Gavin Newsom finally stepped up today, filing official misconduct charges against the twice-indicted Sup. Ed Jew, and removing him from office pending permanent removal by the Ethics Commission and Board of Supervisors. A PDF of the charge and related letters is available here. That overdue action was long-anticipated, so the real news today is that he has named his 29-year-old deputy budget director Carmen Chu to fill the slot, starting with today’s board meeting.
Chu is a virtual unknown in local politics, but those who have worked with her tell us that she’s smart, attractive, not very political, and a sort of quiet, behind the scenes policy wonk. Given her age and the huge opportunity that Newsom has just handed her, most people assume that she’ll be a loyal vote for Newsom. Yet Chu did play a role in this year’s divisive and highly politicized budget battle between Newsom and Sup. Chris Daly, serving as the point person on two of Newsom’s most troubling (and ultimately unsuccessful) budget gambits: cutting funding for local AIDS programs and reducing the number of psychiatric beds at General Hospital. It was an understandable role given that she was with the Department of Public Health before moving over to the Budget Office.

Jew, You’ll be a Woman, soon

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Photo by Charles Russo
Or at least your District 4 replacement might be

With the legal noose tightening at the federal and the state level around beleagured Sup. Ed Jew’s neck, and City Attorney Dennis Herrera preparing to file a civil lawsuit to remove Jew from office, two San Francisco women, b have sent a letter to Mayor Gavin Newsom, urging him to name a woman to replace Jew.
In their letter Alix Rosenthal, President, National Women’s Political Caucus (SF chapter) and SaskiaTraill, President, San Francisco Women’s Political Committee note that during Newsom’s administration, “the number of women who serve in elected office has been reduced, after you replaced two women, Assessor Mabel Teng and Treasurer Susan Leal, with men.”

The full text of the letter follows:

Dear Mayor Newsom,

When you appoint a replacement for Supervisor Ed Jew, we strongly urge you to name a woman. It is important that you continue to demonstrate your commitment to gender equity at the highest levels of government.

On Saturday, September 15, forty-five elected officials and leaders of women’s organizations met at the San Francisco Women’s Policy Summit 2007, with the aim of determining our top priorities to improve the lives of women in San Francisco. The Summit participants agreed unanimously that our highest priority is to get more women elected and appointed to public office.

One of every three citywide elected offices in San Francisco is held by a woman. In addition, only two members of the Board of Supervisors are female. During your administration, the number of women who serve in elected office has been reduced, after you replaced two women, Assessor Mabel Teng and Treasurer Susan Leal, with men.

We are confident that you will select a woman who has the energy and the experience to restore District 4’s confidence in their elected representative. Until women hold half of the seats of power in San Francisco, a woman’s perspective will not be adequately represented in City Hall. We will be happy to meet with you at any time to discuss this further.

Sincerely,

Alix Rosenthal – President, National Women’s Political Caucus (SF chapter)
and
Saskia Traill – President, San Francisco Women’s Political Committee

Broken democracy

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The implications behind today’s big news that San Francisco has an unreliable voting system are mind-boggling. It’s bad enough that it’s going to take weeks of hand-counting ballots before we’ll know the results — not just after this November’s snoozer election, but also after the high-stakes February and June contests. But consider the fact that the state has found that the San Francisco system doesn’t count many ballots. Has that affected past elections? Did Sup. Ed Jew really win his squeaker of an election, or for that matter, did Gavin Newsom really beat Matt Gonzalez four years ago?
As the Chron story notes, the Board of Supervisors earlier this year elected not to switch from our current ES&S system to one made by Sequoia Voting Systems, mostly because they would allow an independent review of the computer coding, which is a valid concern. People have good reasons, and more all the time, to have no faith in this country’s dysfunctional democracy. This is serious stuff, people. If we don’t find a way to restore people’s faith in the system, it isn’t just trust and hope that will be lost. It could be the system itself.

UPDATE: After learning a bit more about this issue, it turns out that the scope of the city’s problems in the past aren’t as potentially far-reaching as the Secretary of State’s action might indicate. Respected election reformer Steven Hill tells us this is a drastic action based largely on ES&S not being the most responsive corporation in the world, as he and the Guardian experienced during the implementation of ranked choice voting. But the potential for votes not being counted only concerns those cast at precincts by voters who don’t use the provided pens and instead use their own with light ink. On absentee ballots where that’s most likely to occur, they are already read on more sensitive machines that will count the votes. Anyway, look for next week’s Guardian where we’ll have more on this developing story.

A totally bogus arrest

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Alex “Grasshopper” Kaplan was at our office today to talk about his campaign for mayor, but he almost didn’t make it; the guy, who has been in and out of jail for the past few weeks, got popped yesterday on what has to be one of the more utterly bogus charges in recent memory.

See, Kaplan is under a restraining order; he’s supposed to stay away from Sup. Ed Jew. That goes back to his stunt a few weeks back when he parked his cab in the driveway of Jew’s San Francisco house and asked if he could live there. Jew apparently thought Kaplan was a threat, and got the stay-away order.

The problem is that Kaplan loves to speak up at public comment during Board of Supervisors meetings. And just approaching the front of the room, where the microphone is, puts him within 50 feet of Jew. So when he went to speak up this week, he was hauled out in handcuffs.

I realize this isn’t the biggest issue in the world, but please: Can’t the Powers that Be find a away around this one? How about giving him a cordless mike in the back of the room? You can’t just shut up a member of the public and stop him from speaking at a public meeting because of a questionable restraining order.

Our three-point plan to save San Francisco

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› news@sfbg.com

Curtis Aaron leaves his house at 9 a.m. and drives to work as a recreation center director for the San Francisco Recreation and Park Department. He tries to leave enough time for the trip; he’s expected on the job at noon.

Aaron lives in Stockton. He moved there with his wife and two kids three years ago because “there was no way I could buy a place in San Francisco, not even close.” His commute takes three hours one way when traffic is bad. He drives by himself in a Honda Accord and spends $400 a month on gas.

Peter works for the city as a programmer and lives in Suisun City, where he moved to buy a house and start a family. Born and raised in San Francisco, he is now single again, with grown-up children and a commute that takes a little more than an hour on a good day.

“I’d love to move back. I love city life, but I want to be a homeowner, and I can’t afford that in the city,” Peter, who asked us not to use his last name, explained. “I work two blocks from where I grew up and my mom’s place, which she sold 20 years ago. Her house is nothing fancy, but it’s going for $1.2 million. There’s no way in hell I could buy that.”

Aaron and Peter aren’t paupers; they have good, unionized city jobs. They’re people who by any normal standard would be considered middle-class — except that they simply can’t afford to live in the city where they work. So they drive long distances every day, burning fossil fuels and wasting thousands of productive hours each year.

Their stories are hardly unique or new; they represent part of the core of the city’s most pressing problem: a lack of affordable housing.

Just about everyone on all sides of the political debate agrees that people like Aaron and Peter ought to be able to live in San Francisco. Keeping people who work here close to their jobs is good for the environment, good for the community, and good for the workers.

“A lack of affordable housing is one of the city’s greatest challenges,” Mayor Gavin Newsom acknowledged in his 2007–08 draft budget.

The mayor’s answer — which at times has the support of environmentalists — is in part to allow private developers to build dense, high-rise condominiums, sold at whatever price the market will bear, with a small percentage set aside for people who are slightly less well-off.

The idea is that downtown housing will appeal to people who work in town, keeping them out of their cars and fighting sprawl. And it assumes that if enough market-rate housing is built, eventually the price will come down. In the meantime, demanding that developers make somewhere around 15 percent of their units available at below-market rates should help people like Aaron and Peter — as well as the people who make far less money, who can never buy even a moderately priced unit, and who are being displaced from this city at an alarming rate. And a modest amount of public money, combined with existing state and federal funding, will make affordable housing available to people at all income levels.

But the facts are clear: this strategy isn’t working — and it never will. If San Francisco has any hope of remaining a city with economic diversity, a city that has artists and writers and families and blue-collar workers and young people and students and so many of those who have made this one of the world’s great cities, we need to completely change how we approach the housing issue.

 

HOMELESS OR $100,000

The housing plans coming out of the Mayor’s Office right now are aimed primarily at two populations: the homeless people who have lost all of their discretionary income due to Newsom’s Care Not Cash initiative, and people earning in the neighborhood of $100,000 a year who can’t afford to buy homes. For some time now, the mayor has been diverting affordable-housing money to cover the unfunded costs of making Care Not Cash functional; at least that money is going to the truly needy.

Now Newsom’s housing director, Matt Franklin, is talking about what he recently told the Planning Commission is a “gaping hole” in the city’s housing market: condominiums that would allow people on the higher end of middle income to become homeowners.

At a hearing Sept. 17, Doug Shoemaker of the Mayor’s Office of Housing told a Board of Supervisors committee that the mayor wants to see more condos in the $400,000 to $600,000 range — which, according to figures presented by Service Employees International Union Local 1021, would be out of the reach of, say, a bus driver, a teacher, or a licensed vocational nurse.

Newsom has put $43 million in affordable-housing money into subsidies for new home buyers in the past year. The Planning Department is looking at the eastern neighborhoods as ground zero for a huge new boom in condos for people who, in government parlance, make between 120 and 150 percent of the region’s median income (which is about $90,000 a year for a family of four).

In total, the eastern neighborhoods proposal would allow about 7,500 to 10,000 new housing units to be added over the next 20 years. Downtown residential development at Rincon Hill and the Transbay Terminal is expected to add 10,000 units to the housing mix, and several thousand more units are planned for Visitacion Valley.

The way (somewhat) affordable housing will be built in the eastern part of town, the theory goes, is by creating incentives to get developers to build lower-cost housing. That means, for example, allowing increases in density — changing zoning codes to let buildings go higher, for example, or eliminating parking requirements to allow more units to be crammed into an available lot. The more units a developer can build on a piece of land, the theory goes, the cheaper those units can be.

But there’s absolutely no empirical evidence that this has ever worked or will ever work, and here’s why: the San Francisco housing market is unlike any other market for anything, anywhere. Demand is essentially insatiable, so there’s no competitive pressure to hold prices down.

“There’s this naive notion that if you reduce costs to the market-rate developers, you’ll reduce the costs of the unit,” Calvin Welch, an affordable-housing activist with more than three decades of experience in housing politics, told the Guardian. “But where has that ever happened?”

In other words, there’s nothing to keep those new condos at rates that even unionized city employees — much less service-industry workers, nonprofit employees, and those living on much lower incomes — can afford.

In the meantime, there’s very little discussion of the impact of increasing density in the nation’s second-densest city. Building housing for tens of thousands of new people means spending hundreds of millions of dollars on parks, recreation centers, schools, police stations, fire stations, and Muni lines for the new neighborhoods — and that’s not even on the Planning Department’s radar. Who’s going to pay for all that? Nothing — nothing — in what the mayor and the planners are discussing in development fees will come close to generating the kind of cash it will take to make the newly dense areas livable.

“The solution we are striving for has not been achieved,” said Chris Durazo, chair of the South of Market Community Action Network, an organizing group. “Should we be looking at the cost to developers to build affordable housing or the cost to the neighborhood to be healthy? We’re looking at the cumulative impacts of policy, ballot measures, and planning and saying it doesn’t add up.”

In fact, Shoemaker testified before the supervisors’ committee that the city is $1.14 billion short of the cash it needs to build the level of affordable housing and community amenities in the eastern neighborhoods that are necessary to meet the city’s own goals.

This is, to put it mildly, a gigantic problem.

 

THE REST OF US

Very little of what is on the mayor’s drawing board is rental housing — and even less is housing available for people whose incomes are well below the regional median, people who earn less than $60,000 a year. That’s a large percentage of San Franciscans.

The situation is dire. Last year the Mayor’s Office of Community Development reported that 16 percent of renters spend more than half of their income on housing costs. And a recent report from the National Low Income Housing Coalition notes that a minimum-wage earner would have to work 120 hours a week, 52 weeks a year, to afford the $1,551 rent on a two-bedroom apartment if they spent the recommended 30 percent of their income on housing.

Ted Gullickson of the San Francisco Tenants Union told us that Ellis Act evictions have decreased in the wake of 2006 Board of Supervisors legislation that bars landlords from converting their property from rentals to condos if they evict senior or disabled tenants.

But the condo market is so profitable that landlords are now offering to buy out their tenants — and are taking affordable, rent-controlled housing off the market at the rate of a couple of hundred units a month.

City studies also confirm that white San Franciscans earn more than twice as much as their Latino and African American counterparts. So it’s hardly surprising that the Bayview–Hunters Point African American community is worried that it will be displaced by the city’s massive redevelopment plan for that area. These fears were reinforced last year, when Lennar Corp., which is developing 1,500 new units at Hunters Point Shipyard, announced it will only build for-sale condos at the site rather than promised rental units. Very few African American residents of Bayview–Hunters Point will ever be able to buy those condos.

Tony Kelly of the Potrero Hill Boosters believes the industrial-zoned land in that area is the city’s last chance to address its affordable-housing crisis. “It’s the biggest single rezoning that the city has ever tried to do. It’s a really huge thing. But it’s also where a lot of development pressure is being put on the city, because the first sale on this land, once it’s rezoned, will be the most profitable.”

Land use attorney Sue Hestor sees the eastern neighborhoods as a test of San Francisco’s real political soul.

“There is no way it can meet housing goals unless a large chunk of land goes for affordable housing, or we’ll export all of our low-income workers,” Hestor said. “We’re not talking about people on welfare, but hotel workers, the tourist industry, even newspaper reporters.

“Is it environmentally sound to export all your workforce so that they face commute patterns that take up to three and four hours a day, then turn around and sell condos to people who commute to San Jose and Santa Clara?”

 

A THREE-POINT PLAN

It’s time to rethink — completely rethink — the way San Francisco addresses the housing crisis. That involves challenging some basic assumptions that have driven housing policy for years — and in some quarters of town, it’s starting to happen.

There are three elements of a new housing strategy emerging, not all from the same people or organizations. It’s still a bit amorphous, but in community meetings, public hearings, blog postings, and private discussions, a program is starting to take shape that might actually alter the political landscape and make it possible for people who aren’t millionaires to rent apartments and even buy homes in this town.

Some of these ideas are ours; most of them come from community leaders. We’ll do our best to give credit where it’s due, but there are dozens of activists who have been participating in these discussions, and what follows is an amalgam, a three-point plan for a new housing policy in San Francisco.

1. Preserve what we have. This is nothing new or terribly radical, but it’s a cornerstone of any effective policy. As Welch points out repeatedly, in a housing crisis the cheapest and most valuable affordable housing is the stuff that already exists.

Every time a landlord or real estate speculator tries to make a fast buck by evicting a tenant from a rent-controlled apartment and turning that apartment into a tenancy in common or a condo, the city’s affordable-housing stock diminishes. And it’s far cheaper to look for ways to prevent that eviction and that conversion than it is to build a new affordable-rental apartment to replace the one the city has lost.

The Tenants Union has been talking about this for years. Quintin Mecke, a community organizer who is running for mayor, is making it a key part of his platform: More city-funded eviction defense. More restrictions on what landlords can do with buildings emptied under the Ellis Act. And ultimately, a statewide strategy to get that law — which allows landlords to clear a building of tenants, then sell it as condos — repealed.

Preserving existing housing also means fighting the kind of displacement that happens when high-end condos are squeezed into low-income neighborhoods (which is happening more and more in the Mission, for example, with the recent approval of a market-rate project at 3400 César Chávez).

And — equally important — it means preserving land.

Part of the battle over the eastern neighborhoods is a struggle for limited parcels of undeveloped or underdeveloped real estate. The market-rate developers have their eyes (and in many cases, their claws) on dozens of sites — and every time one of them is turned over for million-dollar condos, it’s lost as a possible place to construct affordable housing (or to preserve blue-collar jobs).

“Areas that have been bombarded by condos are already lost — their industrial buildings and land are already gone,” Oscar Grande of People Organizing to Demand Environmental and Economic Rights told us.

So when activists (and some members of the Board of Supervisors) talk about slowing down or even stopping the construction of new market-rate housing in the eastern neighborhoods area, it’s not just about preventing the displacement of industry and blue-collar jobs; it’s also about saving existing, very limited, and very valuable space for future affordable housing.

And that means putting much of the eastern neighborhoods land off limits to market-rate housing of any kind.

The city can’t exactly use zoning laws to mandate low rents and low housing prices. But it can place such high demands on developers — for example, a requirement that any new market-rate housing include 50 percent very-low-income affordable units — that the builders of the million-dollar condos will walk away and leave the land for the kind of housing the city actually needs.

2. Find a new, reliable, consistent way to fund affordable housing. Just about everyone, including Newsom, supports the notion of inclusionary housing — that is, requiring developers to make a certain number of units available at lower-than-market rates. In San Francisco right now, that typically runs at around 15 percent, depending on the size of the project; some activists have argued that the number ought to go higher, up to 20 or even 25 percent.

But while inclusionary housing laws are a good thing as far as they go, there’s a fundamental flaw in the theory: if San Francisco is funding affordable housing by taking a small cut of what market-rate developers are building, the end result will be a city where the very rich far outnumber everyone else. Remember, if 15 percent of the units in a new luxury condo tower are going at something resembling an affordable rate, that means 85 percent aren’t — and ultimately, that leads to a population that’s 85 percent millionaire.

The other problem is how you measure and define affordable. That’s typically based on a percentage of the area’s median income — and since San Francisco is lumped in with San Mateo and Marin counties for income statistics, the median is pretty high. For a family of four in San Francisco today, city planning figures show, the median income is close to $90,000 a year.

And since many of these below-market-rate projects are priced to be affordable to people making 80 to 100 percent of the median income, the typical city employee or service-industry worker is left out.

In fact, much of the below-market-rate housing built as part of these projects isn’t exactly affordable to the San Franciscans most desperately in need of housing. Of 1,088 below-market-rate units built in the past few years in the city, Planning Department figures show, just 169 were available to people whose incomes were below half of the median (that is, below $45,000 a year for a family of four or $30,000 a year for a single person).

“A unit can be below market rate and still not affordable to 99 percent of San Franciscans,” Welch noted.

This approach clearly isn’t working.

So activists have been meeting during the past few months to hammer out a different approach, a way to sever affordable-housing funding from the construction of market-rate housing — and to ensure that there’s enough money in the pot to make an actual difference.

It’s a big number. “If we have a billion dollars for affordable housing over the next 15 years, we have a fighting chance,” Sup. Chris Daly told us. “But that’s the kind of money we have to talk about to make any real impact.”

In theory, the mayor and the supervisors can just allocate money from the General Fund for housing — but under Newsom, it’s not happening. In fact, the mayor cut $30 million of affordable-housing money this year.

The centerpiece of what Daly, cosponsoring Sup. Tom Ammiano, and the housing activists are talking about is a charter amendment that would earmark a portion of the city’s annual property-tax collections — somewhere around $30 million — for affordable housing. Most of that would go for what’s known as low- and very-low-income housing — units affordable to people who earn less than half of the median income. The measure would also require that current housing expenditures not be cut — to “lock in everything we’re doing now,” as Daly put it — so that that city would have a baseline of perhaps $60 million a year.

Since the federal government makes matching funds available for many affordable-housing projects, that money could be leveraged into more than $1 billion.

Of course, setting aside $30 million for affordable housing means less money for other city programs, so activists are also looking at ways to pay for it. One obvious option is to rewrite the city’s business-tax laws, replacing some or all of the current payroll tax money with a tax on gross receipts. That tax would exempt all companies with less than $2 million a year in revenue — the vast majority of the small businesses in town — and would be skewed to tax the bigger businesses at a higher rate.

Daly’s measure is likely headed for the November 2008 ballot.

The other funding option that’s being discussed in some circles — including the Mayor’s Office of Housing — is complicated but makes a tremendous amount of sense. Redevelopment agencies now have the legal right to sell revenue bonds and to collect income based on so-called tax increments — that is, the increased property-tax collections that come from a newly developed area. With a modest change in state law, the city should be able to do that too — to in effect capture the increased property taxes from new development in, say, the Mission and use that money entirely to build affordable housing in the neighborhood.

That, again, is a big pot of cash — potentially tens of millions of dollars a year. Assemblymember Mark Leno (D–San Francisco) told us he’s been researching the issue and is prepared to author state legislation if necessary to give the city the right to use tax-increment financing anywhere in town. “With a steady revenue stream, you can issue revenue bonds and get housing money up front,” he said.

That’s something redevelopment agencies can do, and it’s a powerful tool: revenue bonds don’t have to go to the voters and are an easy way to raise money for big projects — like an ambitious affordable-housing development program.

Somewhere, between all of these different approaches, the city needs to find a regular, steady source for a large sum of money to build housing for people who currently work in San Francisco. If we want a healthy, diverse, functioning city, it’s not a choice any more; it’s a mandate.

3. A Proposition M for housing. One of the most interesting and far-reaching ideas we’ve heard in the past year comes from Marc Salomon, a Green Party activist and policy wonk who has done extensive research into the local housing market. It may be the key to the city’s future.

In March, Salomon did something that the Planning Department should have done years ago: he took a list of all of the housing developments that had opened in the South of Market area in the past 10 years and compared it to the Department of Elections’ master voter files for 2002 and 2006. His conclusion: fully two-thirds of the people moving into the new housing were from out of town. The numbers, he said, “indicate that the city is pursuing the exact opposite priorities and policies of what the Housing Element of the General Plan calls for in planning for new residential construction.”

That confirms what we found more than a year earlier when we knocked on doors and interviewed residents of the new condo complexes (“A Streetcar Named Displacement,” 10/19/05). The people for whom San Francisco is building housing are overwhelmingly young, rich, white commuters who work in Silicon Valley. Or they’re older, rich empty nesters who are moving back to the city from the suburbs. They aren’t people who work in San Francisco, and they certainly aren’t representative of the diversity of the city’s population and workforce.

Welch calls it “socially psychotic” planning.

Twenty-five years ago, the city was doing equally psychotic planning for commercial development, allowing the construction of millions of square feet of high-rise office space that was overburdening city services, costing taxpayers a fortune, creating congestion, driving up residential rents, and turning downtown streets into dark corridors. Progressives put a measure on the November 1986 ballot — Proposition M — that turned the high-rise boom on its head: from then on, developers had to prove that their buildings would meet a real need in the city. It also set a strict cap on new development and forced project sponsors to compete in a “beauty contest” — and only the projects that offered something worthwhile to San Francisco could be approved.

That, Salomon argues, is exactly how the city needs to approach housing in 2007.

He’s been circuutf8g a proposal that would set clear priority policies for new housing. It starts with a finding that is entirely consistent with economic reality: “Housing prices [in San Francisco] cannot be lowered by expanding the supply of market-rate housing.”

It continues, “San Francisco values must guide housing policy. The vast majority of housing produced must be affordable to the vast majority of current residents. New housing must be economically compatible with the neighborhood. The most needy — homeless, very low income people, disabled people, people with AIDS, seniors, and families — must be prioritized in housing production. … [and] market-rate housing can be produced only as the required number of affordable units are produced.”

The proposal would limit the height of all new housing to about six stories and would “encourage limited-equity, permanently affordable homeownership opportunities.”

Salomon suggests that San Francisco limit the amount of new market-rate housing to 250,000 square feet a year — probably about 200 to 400 units — and that the developers “must produce aggressive, competitive community benefit packages that must be used by the Planning Commission as a beauty contest, with mandatory approval by the Board of Supervisors.” (You can read his entire proposal at www.sfbg.com/newpropm.doc.)

There are all kinds of details that need to be worked out, but at base this is a brilliant idea; it could be combined with the new financing plans to shift the production of housing away from the very rich and toward a mix that will preserve San Francisco as a city of artists, writers, working-class people, creative thinkers, and refugees from narrow-minded communities all over, people who want to live and work and make friends and make art and raise families and be part of a community that has always been one of a kind, a rare place in the world.

There is still a way to save San Francisco — but we’re running out of time. And we can’t afford to pursue moderate, incremental plans. This city needs a massive new effort to change the way housing is built, rented, and sold — and we have to start now, today.* To see what the Planning Department has in the pipeline, visit www.sfgov.org/site/planning_index.asp?id=58508. To see what is planned for the eastern neighborhoods, check out www.sfgov.org/site/planning_index.asp?id=67762.

Forget the neighbors: build away!

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OPINION Having considered San Francisco something of a utopian American city (certainly compared with others), I assumed the only reason city officials were on the verge of allowing perfect little Valencia Street to be turned into Emeryville West was that they were simply unaware of what a handful of developers and a few folks in the Planning Department were cooking up.

All they needed was to hear from the neighbors, some responsible concerned adults, to call their attention to this under-the-radar remaking of our beloved Mission. Giant, five-story luxury condo blocks would be so obviously wrong for Valencia, so against the will of the vast majority of the citizens who live here, and so clearly in violation the intent of the law we passed to protect our neighborhoods that they would simply say, "Holy cow, thank you!" and stop it.

No. See, it doesn’t work that way.

Proposition M (the law passed by San Franciscans in the 1980s to protect the way our city looks and feels from just such neighborhood-crushing development) is not treated as law or as a defining statement by San Franciscans about how they want their city developed. Rather, it is ignored.

After months of work and research, countless meetings, and coordinating the support of hundreds of concerned neighbors into one large group, we waited more than 20 hours to speak for three minutes in front of the Planning Commission about just one of these giant condo projects, at 700 Valencia.

When we finally got our three minutes (at 11:45 p.m.!), two commissioners were literally asleep. The gavel swung. Approved.

It was like the people of San Francisco never showed up.

Like Prop. M never passed.

Like the Mission didn’t exist as a real neighborhood.

The feeling was like "OK, I’ve finally done something more than vote to actually make this city I’ve lived in and loved for so many years a better place. I’ve joined up with other idealistic San Franciscans, mostly wonderful neighbors I’d never even met before, who worked far more valiantly than I on this process. And it doesn’t matter."

The law, and the people of San Francisco and the Mission, are all simply impediments, nuisances, to developers making their money, the planning commissioners getting home to bed, and the people with degrees at the Planning Department who believe, incredibly, that they should personally get to change and remake ("plan") this historic, world-famously beautiful city.

It’s happening as you read this. The middle-finger building going up obscenely in front of the Bay Bridge is just the beginning. The destruction of Valencia Street may soon be an afterthought.

I’m suddenly very skeptical about the future livability of the neighborhood I’ve proudly been part of for more than 20 years. But it may not be too late to save yours.

Call, write, and visit your supervisors! Remind them that Prop. M is still the voice of the people.*

Dan Hoyle is a Valencia Street activist. He can be reached at savevalencia@gmail.com

Letters as leverage

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› news@sfbg.com

It’s a thin, seemingly innocuous letter. The Social Security Administration mails it when names and Social Security numbers don’t match on an employee’s I-9 form. The intent is to make sure workers receive their benefits.

But unions and immigrants have long charged that unscrupulous employers use SSA "no match" letters to harass undocumented workers and squelch union organizing efforts. Now, after a failed immigration debate in Congress, the George W. Bush administration wants to pass a regulation that would explicitly turn the letter into an immigration enforcement tool.

Activists fear this could result in massive firings and retaliation against workers organizing with unions. Employers complain it could lead to an economic slump in industries dependent on undocumented labor. A temporary injunction granted by a San Francisco judge is the only thing holding back letters across the country; it ends Oct. 1.

Bay Area activists have been national leaders at the intersection of immigrant rights and labor movements. They are now shaping national policy on this new regulation in the courts and promise wide-scale street action and workplace walkouts if it goes into effect.

A look at past and present related Bay Area organizing may shed light on the future of the national issue.

BAY AREA ORGANIZING


US companies file hundreds of millions of W-2 forms with the SSA every year. The SSA uses them to calculate how much it owes workers at retirement. When the name and the Social Security number do not match, the SSA sends a "no match" letter to the employee to clear up the discrepancy. The letters are also sent to employers who have more than 10 employees with no match. These letters have nothing to do with immigration law, and employers are not required to take any adverse action against these employees.

But under the new Department of Homeland Security regulation, no-match letters may be seen as evidence that an employer knowingly employed an undocumented worker. The letters would include a leaflet from US Immigration and Customs Enforcement informing employers that they must fire workers who cannot resolve no matches with the SSA or reverify their work authorization within 93 days. If the companies do not, they may be subject to fines or criminal charges.

The rule was drafted more than a year ago but was not announced by Homeland Security secretary Michael Chertoff until Aug 10. "The magnet that brings most economic migrants into this country is work," he explained. "And if we have worksite enforcement directed at illegal employment, we strike at that magnet."

Brooke Anderson, an organizer with the East Bay Alliance for a Sustainable Economy, told the Guardian that this is an unlikely scenario. Workers will not leave the country; they will simply be forced into underground economies, rotate through different jobs, and become even more vulnerable.

Anderson was among a delegation of more than 30 labor, faith, and community leaders that presented a letter Aug. 30 at the regional SSA office in Richmond. The letter outlined their concerns and asked that the SSA send out no-match letters only to employees, not employers.

"DHS is using an incomplete, hodgepodge system intended to ensure our economic security to implement a regressive immigration policy that Bush failed to pass in Congress," Anderson told us. "The SSA as an agency should have a spine and say no to DHS and no to the Bush administration."

If the ICE inserts do go out with no-match letters, she predicts walkouts and massive street actions.

The regulation is also being challenged in a lawsuit filed by the Central Labor Council of Alameda County. The AFL-CIO, the American Civil Liberties Union, and the San Francisco Central Labor Council have joined it. The plaintiffs claim that because the SSA’s database is full of errors, many citizens and legal immigrants could end up losing their jobs. They also argue that the DHS has exceeded its authority by seeking to use the SSA to enforce immigration laws.

US District Judge Maxine Chesney in San Francisco granted a nationwide temporary restraining order Aug. 31, blocking the SSA from sending letters with ICE inserts. The order is in effect until Oct. 1, when another federal judge here, Charles Breyer, will decide whether to grant another injunction.

"DHS is trying to create a huge terror, to give the illusion that they are doing something," Bill Sokol, a lawyer with Weinberg, Roger, and Rosenfeld, the firm representing the Central Labor Council of Alameda County, told us. "Workers are afraid, but we must dial down people’s fear and terror under our new gestapo."

He said the law will have little impact if employers understand it and do not abuse it. If employers overreact, however, the result could be disastrous. Sokol said employers are already firing employees immediately after receiving the letters.

HISTORY


Unions and immigrant workers across the country have charged that no-match letters have been used to stifle workers’ rights since the SSA began sending them to employers in 1994. Activists in the Bay Area have played a key role in resisting these efforts, setting national precedents upholding worker rights.

When a San Francisco Travelodge fired workers after they began organizing with a union in 1999, allegedly due to Social Security no matches, the terminated employees took it to court. The next year they won an arbitrator’s decision that the firing, based solely on no-match letters, was a violation of their union contract.

Local community pressure on the SSA also resulted in the inclusion of cautionary text in the letter. The no-match letter now states that employers "should not use this letter to take any adverse action against an employee…. Doing so could, in fact, violate state or federal law and subject you to legal consequences."

Activists at Oakland’s Labor Immigrant Organizers Network wrote a resolution in 1999 asking the AFL-CIO to renounce its support of the employer-sanctions provisions of the 1986 Immigration Reform and Control Act, the federal law that for the first time made it illegal for an undocumented worker to hold a job. Their agitation is credited in part for a resolution the AFL-CIO passed in 2000 calling for the repeal of sanctions and for a legalization program for undocumented workers.

The letters remained a potent tool for antiunion activity. A 2003 survey by the Center for Urban Economic Development at the University of Illinois at Chicago found that 25 percent of workers listed in no-match letters reported that their employers fired them in retaliation for complaining about inadequate worksite conditions. More than one in five workers reported that their employer fired them in retaliation for union activity.

San Francisco opposed the DHS no-match regulation when it was proposed last year. An August 2006 resolution by the Board of Supervisors said it may lead to employers "using it as a device to fire, intimidate, harass, or underpay employees." It promised that the city would defy the regulation if it received a no-match letter for a city employee.

The San Francisco Chamber of Commerce and the US Chamber of Commerce also came out against the regulation.

But some employers embraced the proposed regulation. Uniform manufacturer Cintas fired hundreds of employees across the country, allegedly responding to the proposed guidelines after receiving no-match letters during a union organizing drive. Organizers said the company targeted employees involved in the union and jumped the gun on new regulations.

The Woodfin Suite Hotel in Emeryville fired 21 housekeepers in December 2006, also allegedly due to no-match letters. The workers claim the Woodfin retaliated against them for organizing with the East Bay Alliance for a Sustainable Economy, a labor-affiliated think tank, to enforce the living-wage law (see "Calling in the Feds," 6/13/07).

A yearlong campaign targeting the Woodfin has brought the issue to a national audience.

FALSE INFORMATION


Organizers say the regulations are far less strict than the news media has portrayed them, adding to an atmosphere of hysteria and fear among employers and workers. Francisco Ugarte, a lawyer with the Oakland firm of Leonard Carder, held up several San Francisco Chronicle articles at a Sept. 13 workshop for union organizers as examples of media inaccuracies.

An employer is not required to fire an employee after 90 days, as news accounts have stated. The employer has 90 days to fix discrepancies, and the worker has three days after that to fill out another I-9 form with a new Social Security number. If it appears credible, employers must accept the new I-9, Ugarte said.

The ICE insert in the SSA letter will terrify employers, he predicted, but the rule does not create any new information sharing between the SSA and other governmental agencies. The SSA is actually prohibited by law from sharing private data with any other governmental agencies.

There are also no automatic fines assessed to employers, as news accounts have implied. ICE will only levy fines if it raids employers and finds that they did not address no-match discrepancies. It is unlikely that the DHS will be able to enforce the regulations; in announcing them, Chertoff said the agency would rely largely on self-policing.

Even if this is the case, organizers fear that the DHS’s no-match regulation will provide employers with another tool to squelch immigrant workers’ rights. Comprehensive immigration reform is still needed to reconcile employers’ demands for workers, immigrants’ needs for employment, and US immigration policy.*

Ed Jew For Wine and Food

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By Sarah Phelan

edjewflyer.jpg

OK, so “Ed Jew Legal Defense Fund For Wine and Food” probably isn’t what Jew meant when his team sent out this pulp fictionesque style invite (pictured above,) but the wording sure makes it look that way.

As the info on the inside of the “Support Jew’s speedy trial” envelope notes, City Law does not allow Supervisors to set up “legal defense funds” per se. Instead it allows them to raise $100 per source for “post-election legal proceedings,” in addition to the regular $500 in campaign funds.

That means if you already chipped in $500 to get Jew elected, you can add another $100 dollop . If not, you can give the whole $600 enchilada. Readers will doubtless remember that Jew’s legal problems began after he took $40,000 in cash from the owners of a tapioca bubble drink chain. So, we couldn’t help noticing that Jew’s fund raising event at Pier 33 is being hosted by Seafood Suppliers. Not that we’re saying that any of this sounds fishy, or anything.

Editor’s Notes

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› tredmond@sfbg.com

I was talking the other day to the mayor’s chief political advisor, Eric Jaye, who thinks we should endorse his client for reelection. "Gavin Newsom," he told me, "is the most progressive mayor in San Francisco history."

Well, I haven’t been here for all of them, but in my 25 years or so, the competition hasn’t been terribly stiff. Newsom vs. Dianne Feinstein? That’s a no-brainer. Newsom vs. Frank Jordan? Uh, what was the question again? Newsom vs. Willie Brown? Things are pretty bad now, but I never want to go through another era like the Brown years again.

Newsom vs. Art Agnos? Well, Agnos had a lot of potential and did some good stuff, but he also sold the city out to Pacific Gas and Electric Co. and became such an arrogant jerk that he alienated a lot of his allies and nobody could work with him anymore.

So on one level, Jaye has a point: we’ve had some pretty rotten characters in room 200 at City Hall, and his guy isn’t by any means the worst.

But I keep coming back to my basic complaint: what has Newsom actually done about the crucial issues facing the city? Where is the leadership?

A few days earlier, I’d had lunch with Jack Davis, the gleefully notorious political consultant, and we got to talking about housing and rent control, which I’ve always strongly promoted and Davis’s landlord clients have always bitterly opposed. And we realized, two old opponents, that on one level that battle is over: it was lost years ago, when San Francisco failed (and then the state preempted our ability) to regulate rents on vacant apartments. The wave of Ellis Act evictions has damaged the situation even more. The limited rent control in San Francisco today can’t possibly keep housing even remotely affordable. The only way to fix the problem would be to roll back all rents to their levels of about 15 years ago; anyone (besides me) want to take on that campaign?

So what, Davis asked, would I do about it?

Since Newsom is going to be reelected this fall anyway, let me suggest how he could live up to Jaye’s billing.

Imagine if the mayor of San Francisco called a meeting of all the key players in the local housing market — the residential builders, the big developers, the nonprofits, the tenant activists, the Mission Anti-Displacement Coalition folks, the Board of Supervisors president, the neighborhood groups — and said something like this:

"San Francisco needs about 15,000 new affordable-housing units in the next five years. That’s housing for low-income people, housing for people who work in San Francisco … family housing, rental housing, land-trust housing, supportive housing, a mix of units at a mix of prices, but none of it out of the reach of blue-collar and service-industry workers.

"So here’s the deal: you people sit here and figure out a way to make it happen, including how to pay for it — and until you do, not one new market-rate project will get approved by my Planning Commission."

You suppose we might get a little action here? You think the developers who see a gold rush in the San Francisco housing market might be willing to play ball? You think that the mayor might show leadership on the most pressing problem facing residents and businesses in this town, the most serious drain on the local economy? It sure wouldn’t hurt to try.

The tragic tale of Tamesha Tobie

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› gwschulz@sfbg.com

At first, police believed it was a terrible, self-inflicted mishap.

It happened April 15, just after the funeral held for a San Francisco man who’d succumbed to diabetes. Mourners were gathered in the Western Addition home of Tamesha Tobie’s grandmother, Edna Tobie. Tamesha, a 14-year-old first-year high schooler in town from Stockton for the funeral, was hanging out with two teenage boys, her cousins, in a bedroom — a room where, it turns out, another family member had stashed a powerful .357 Magnum revolver. Suddenly, the house filled with the sound of the gun’s pop.

Tobie’s aunt was cooking in the kitchen. She rushed to find out what was going on. The two boys met her in the hallway and told her there was a gun; she found Tobie on the bed, not moving. Nearby lay the pistol, with five live rounds and a shell still visible in the cylinder under the hammer.

The family dialed 911, and soon the area was packed with uniforms. Paramedics arrived with the police, as did a media flack who expected reporters, a crisis response team from the health department, the local medical examiner, and Sup. Ross Mirkarimi, whose district includes Edna Tobie’s Oak Street home.

"These are vivid experiences you don’t lose," Mirkarimi said. "The gut-wrenching part is that it was a young girl."

Fox, CBS, the Associated Press, and the San Francisco Chronicle all reported what the cops told them: Tamesha Tobie had accidentally shot herself with the gun.

But it turns out that wasn’t true. In fact, according to an autopsy completed by the medical examiner June 1, Tobie didn’t pull the trigger.

Her death has become another in a long list of unsolved homicides in San Francisco — and another sign that gun violence, both accidental and intentional, is raging out of control.

THE COPS DON’T KNOW


Months after the killing, the San Francisco Police Department didn’t seem aware that Tobie’s death was anything but an accident.

When we contacted the SFPD’s press office early in September, the staffers weren’t aware that her death had been ruled a homicide, nor was Lt. John Murphy, head of the homicide unit. Department spokesperson Sgt. Neville Gittens even requested that the Guardian fax him a copy of the report.

Now the SFPD acknowledges that Tobie was a homicide victim. "We believe it was done at the hands of someone else," Gittens said a week after receiving the report.

A homicide inspector assigned to the case said he learned of the medical examiner’s final report two weeks ago but explained that he’d already regarded Tobie’s death as suspicious.

Inspector Mike Johnson said he thinks one of the two cousins in the room with Tobie fired the weapon. Police have also concluded that the gun was used in an unrelated San Francisco homicide a few months prior by another young family member before being hidden in the home of Tobie’s grandmother.

Nobody has been arrested in that case either. Despite the fact that this gun has now been used to kill at least two people, Johnson conceded that not enough evidence exists to make an arrest in the first murder, even though a suspect has been identified — an exasperating fact for a city already near last year’s total of 85 murders.

If nothing else, the gun’s owner could possibly be guilty of negligence or child endangerment — but no charges are pending.

"The capacity of government not to do something about this at the pace that it is rocketing is what is absolutely alarming," said Mirkarimi, who’s pushed the Mayor’s Office of Criminal Justice to provide better data on violent crime in the city, "because it’s not going to abate itself…. The way that the number is traveling out of the reach of the Police Department and the district attorney — I think we’re going to need to send red flares up, SOS."

DEADLY HORSEPLAY


The Tamesha Tobie case is tricky; there were only three people in the room, and one is dead. The boy who police believe accidentally ended Tobie’s life won’t confess, Johnson said. Some relatives dispute the police’s view that one of the boys mistakenly fired the weapon and instead believe the story the pair have stuck to so far — that the gun fired on its own from the bed as they horsed around, the bullet smashing through the right rear of Tobie’s jaw.

"Obviously the one boy who did it doesn’t want to say anything to us," Johnson said. "And the other boy is somewhat traumatized, and his parents are worried about any possible criminal charges against him for associating with the first boy. So right now we’re trying to corroborate the stories and what happened through other people who were in the house…. It’s kind of a sensitive thing at this point."

But either way, Tamisha Tobie is the ultimate victim of gun violence, and while her death likely wasn’t intentional, it’s joined the city’s steadily climbing homicide rate nonetheless.

Attempts to reach Tobie’s family for comment were unsuccessful.

Statewide in 2004, 10 kids were killed after being accidentally shot either by themselves or by someone else, according to figures maintained by the federal Centers for Disease Control and Prevention. More recent figures won’t be available until later this year. But according to media accounts and calls to local police jurisdictions, over the past 12 months, three children died similarly just in the Bay Area.

In June a five-year-old boy in Oakland shot himself while playing with a relative’s gun, and a 28-year-old man was arrested for child endangerment — in notably less time than it took San Francisco to complete Tobie’s autopsy.

Just days after Tobie was killed, an 18-year-old girl accidentally shot a younger male teen in the city of Richmond with a revolver he’d found in the home where his death occurred. Last November a 16-year-old boy in Contra Costa County was killed after a friend accidentally shot him in the chest while playing with a .22-caliber revolver. Several other accidents occurred during 2006 in San Francisco and the East Bay, including one involving an Alameda toddler who that spring mistakenly shot his 20-year-old cousin with a .38 that belonged to a family friend.

The gun lobby complains that news stories depicting such deaths overstate the problem of accidents among kids and foster hysteria.

But Shawn Richard of the local nonprofit Brothers Against Guns has a response. The volume of deaths, he argues, isn’t the story.

"It could be a low number. It could be a high number," Richard said. "Regardless, it’s still ridiculous to deal with lives that are being taken by a gun."

Richard founded Brothers Against Guns after two of his siblings were shot to death in San Francisco during the 1990s. He joined the Mayor’s Office, District Attorney Kamala Harris, and the Legal Community Against Violence in drafting a batch of local antigun ordinances that passed the Board of Supervisors last month. One requires local firearms dealers to send inventories of their weapons to the police chief every six months, and another requires all handgun owners to disable their weapons with trigger locks.

Richard is also working with Assemblymember Mark Leno (D-San Francisco) to ban gun shows at the Cow Palace, which is located on state property near the Sunnydale housing project, where violent crimes are a frequent occurrence.

But would all of the antigun news releases in the world have saved Tobie? Homicide inspector Johnson wonders aloud whether they would.

"If the gun’s used in a homicide," Johnson said, "and it’s hidden in the house by children, who’s going to put a gun lock on it?"

Slow down the land rush

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EDITORIAL At around 11:30 p.m. on the evening of Aug. 30, the San Francisco Planning Commission, its members bleary-eyed and half asleep, approved an eight-unit housing development at 736 Valencia St., despite the anguished pleas of the neighbors. The project includes no affordable housing and is legally designated as condominiums, which means it doesn’t fit the stated goals of the eastern neighborhoods’ planning process, which is supposed to promote affordable housing.

But that planning process is still under way, the proposals so far are weak, and, in the meantime, every developer in town is trying to sneak under the wire and get a project approved before the new rules take effect. And the Planning Commission is allowing that to happen. The supervisors need to intervene now, before it’s too late.

The blueprint for zoning in the city’s eastern neighborhoods — some 2,200 acres that include the central waterfront, Potrero Hill, the Mission, Showplace Square and East SoMa — is critical to the city’s future. Those areas include many of the last industrial sites and blue-collar jobs in the city — and developers are eyeing the land for a massive influx of high-end housing.

If there are going to be decent-paying jobs that don’t require advanced academic degrees in San Francisco, and affordable housing for low-income and working-class people, it will require careful use of this land.

And so far, the signs aren’t good.

The project at 736 Valencia is a perfect example. The commissioners failed to account for the fact that this relatively small project is part of a much larger land grab in the neighborhood; at least six other projects are in the pipeline for a small stretch of that street, and together they’ll have a significant impact on the area. The last thing the Mission — desperate for family and affordable housing — needs is a long strip of new million-dollar condos, built with little in the way of community amenities and little regard for the needs of residents. And yet the commissioners have made it very clear that they aren’t going to slow anything down.

In effect, that means the entire eastern neighborhoods plan — and the hope for a significant increase in affordable housing in town — could be almost pointless. By the time the plan is in place — early next year at the earliest, and that may be an optimistic timeline — a lot of the land may already be spoken for, and a lot of nonconforming projects may already be under construction.

Remember: every market-rate housing project takes away land that could be used for affordable housing. And at this rate, there is no way the city can come close to meeting the goals set in the General Plan, which call for more than 60 percent of new housing in town to be available at below-market rate.

The supervisors need to step in, fast, and pass legislation barring any new development in the eastern neighborhoods until a final plan is in place. The land rush is on, and time is running out.<\!s>*

Editor’s Notes

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› tredmond@sfbg.com

Isn’t it just great that San Francisco was about to enter into a long-term contract to turn part of our municipal infrastructure over to a company that is laying off 40 percent of its employees, floundering around trying to find a business plan, and getting entirely out of the line of work Mayor Gavin Newsom had in mind?

I feel good that the young mayor (who is acting more and more like a little kid every day) was so careful in preparing plans for a citywide wi-fi service that he never acknowledged, up to the very end, that his public-private partnership was poorly conceived and headed for the rocks.

And now it’s just so special that he wants to blame the Board of Supervisors for scrutinizing the contract — which is exactly what any decent legislative body is supposed to do at a time like this.

The EarthLink nosedive happened at the perfect time for San Francisco. If the company had hung on a little longer to its business plan for citywide wi-fi, the mayor might have managed to push enough supervisors to sign on to the deal. Or his November ballot measure might have passed, and the board might have been afraid to defy the voters. This might have been a grand little fiscal, legal, and political nightmare that could have stalled any progress on municipal broadband for years.

Newsom still insists that he was on the right track. "EarthLink would have been legally obligated to fulfill its promises to San Francisco, and we would have had a functioning wi-fi system by now," Newsom told the San Francisco Chronicle.

But the reality is, a company that doesn’t want to do a job that no longer fits into its business strategy — and a company having enough financial problems that it’s had to cut its staff almost in half — isn’t what you would call an excellent partner. And we can all thank the fact that this Board of Supervisors is relatively independent of the Mayor’s Office for our not being stuck in a rotten deal.

San Francisco doesn’t have a terribly good record of negotiating public-private partnerships or development deals. Back in the early 1980s, then-mayor Dianne Feinstein personally took control of the negotiations with Pacific Gas and Electric Co. for a long-term contract to transmit the city’s power. The deal was about as bad as it could get — everything for PG&E, nothing for the city — but the mayor insisted it was an excellent contract, and she and PG&E’s lobbyists rammed it through a compliant Board of Supervisors. It’s wound up costing San Francisco tens of millions of dollars, and the city’s been trying to get out of it for years. PG&E’s franchise fee is the lowest that any city charges a private utility in California — and it was assigned in perpetuity by a compliant Board of Supervisors in the 1930s.

We’re supposed to be a little more sophisticated today. District elections have ended the mayoral rubber stamp at City Hall, and the mayor should understand that any time he works out a deal like this, the supes are going to give it a hard look. If it’s so great for everyone, then making the details public as early as possible, working with the board (instead of refusing even to show up), and sharpening the deal will make things even better.

That’s not how this mayor does business. And you can tell. *

Wifi meltdown, Newsom meltdown

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By Tim Redmond

It’s no surprise that Earthlink has backed out of its deal to provide free wi-fi in San Francisco; we predicted this weeks ago.

What’s annoying is that the mayor is trying to blame the supervisors for delaying the contract. What — they should have rushed to approve it even as the prime vendor was telling the rest of the world that it wasn’t interested in this line of business any more? The supes should have done no due diligence and just gone along with what the mayor wanted?

Newsom’s big election-year initiative has just burned down, and he’s looking for a scapegoat. It’s your own fault, My. Mayor; it was a bad deal from day one.

Test the Lennar site

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EDITORIAL A committee of the San Francisco school board is discussing some sort of voluntary program to test for toxic exposure kids who attend facilities near Lennar Corp.’s construction project at Hunters Point. That’s set off a modest fury in the Department of Public Health, which insists there’s no threat to the public and no reason to test anyone. And the school district almost certainly doesn’t have the money to conduct a testing program for hundreds of students.

But the city should never have allowed this situation to develop to this point. And if there is real concern in the community (which there is) and any credible evidence that asbestos might be present in the air (which there is), then the Department of Public Health ought to do the only prudent thing and order a series of air and ground tests in the immediate vicinity of the Lennar site.

Lennar, as we’ve reported (see "The Corporation That Ate San Francisco," 3/14/07), is running a massive Redevelopment Agency construction project on part of the old Hunters Point Shipyard. The construction stirs up a lot of dust, and there’s naturally occurring asbestos in the rock below. There may be other forms of toxic material in the dirt too, left by the military, which was never terribly good about keeping its bases clean.

The company was supposed to do air monitoring near the site; state law requires stringent tests whenever construction that could stir up asbestos takes place near an area where children congregate, and there are schools and rec centers right near the Lennar project. But the subcontractor handling the tests bungled them, so for 13 months there was no data on air quality at all.

The Muhammad University of Islam, a private school that adjoins the site, has been demanding better monitoring and asking for students to be relocated if the site isn’t safe. Some of the tactics of school representatives have been questionable: Department of Public Health workers going door to door in the neighborhood report that school supporters followed and intimidated them. And since there’s naturally occurring asbestos in rock, and the substance is used in products like car brakes, it’s entirely possible that there’s some presence of the deadly fibers in the air anyway, unrelated to anything Lennar may have done wrong. The Department of Public Health wants to avoid a needless panic.

But that doesn’t change the basic point: if there’s toxic dust in the air, and kids are being exposed, the public needs to know about it.

There is no safe level for asbestos exposure. The stuff can linger in the ground for years, and if it’s even slightly stirred up, it gets into the air, and breathing it is directly linked to fatal lung disease. It wouldn’t be that hard for a city team to take a few samples from the soil around the construction site; if the stuff is pretty thick on the ground, then kids clearly shouldn’t be playing there, and if the levels are even minor, then parents ought to be aware.

The supervisors failed on a 6–<\d>5 vote to approve a measure that would have called on Lennar to shut down construction, but they can certainly direct the Department of Public Health to conduct some basic safety tests — and make the results public.<\!s>*

Too many golf courses

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OPINION The future of San Francisco’s public golf courses affects you even if you don’t play golf.

San Francisco’s seven public golf courses cover more than 700 acres of parkland, or 20 percent of our public open space. That’s three times the acreage in Chicago, a city five times larger with four times the population. Furthermore, San Francisco’s golf courses lose more than $1 million annually.

In a 2004 city-funded survey, San Franciscans preferred more hiking trails, community gardens, skate parks, playgrounds, off-leash dog areas, bike trails, and baseball diamonds. Golf ranked 16th out of 19 on a list of recreational priorities. If the city is serious about keeping families and children in San Francisco, we must prioritize the recreational uses preferred by our diverse community.

With the exception of Harding Park, San Francisco’s public golf courses operate at only 40 percent capacity. Golf courses effectively remain unused half the time. There is clearly an oversupply of courses, while demand continues to wane. We can convert this underutilized asset to greater use and still meet demand for golf at all ability levels.

Pleasanton recently hosted a soccer tournament. A friend noted that her hotel was filled with players and families. Our local economy would benefit by adding adequate acreage to our mere 25 acres of soccer fields to host similar family-friendly tournaments. Golfers get 700 subsidized acres, while soccer moms and dads get 25?

Recreation and Park Department studies indicate the city accommodates fewer than 50 percent of soccer teams with only one game and one practice per week. What about the other teams? Rec and Park recommended 35 more soccer fields to meet demand.

One of the city’s courses, Sharp Park, is a prime candidate for conversion to restore its wetland ecosystem, home to the endangered red-legged frog and San Francisco garter snake, while adding hiking trails and preserving golf play.

Public pressure from a broad coalition of park users to stop privatization of our public courses helped force Rec and Park to analyze conversion of some — not all — golf courses to other recreational uses. The city should compare the costs of conversion to the estimated $64 million needed to upgrade existing golf courses.

No one suggests closing all of San Francisco’s public golf courses or denying people access to them. However, we can likely meet current golf demand with two or three fewer courses.

Demand more equitable use of our open space by e-mailing recpark.commission@sfgov.org and board.of.supervisors@sfgov.org. Indicate you want the study funded by the Board of Supervisors to begin immediately.

Rick Galbreath, Jill Lounsbury, Dan Nguyen-Tan, Sally Stephens, and Isabel Wade

Rick Galbreath sits on the executive committee of the Sierra Club’s San Francisco chapter. Jill Lounsbury is manager of the Golden Gate Women’s Soccer League. Dan Nguyen-Tan works with the Coalition for Equitable Use of Open Space. Sally Stephens is a member of the San Francisco Dog Owners Group. Isabel Wade is executive director of the Neighborhood Parks Council.

Bling in the police union’s new contract

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Some might suggest that reading reports from the city’s budget analyst over tumblers of well bourbon at Mission Bar is a little pathetic. They’re right, but the damn things are so often full of such great little stories, we can’t help it. And they’re not available on the city’s Web site; you have to request and obtain them from the board clerk’s office, leading us to wonder how many people actually read them.

San Francisco’s longtime Budget Analyst Harvey Rose reviewed more than two-dozen union contracts for city workers passed this year by the Board of Supervisors. You’re gonna love what we found in the police union’s new agreement with the city.

dollarsign1.jpg

San Francisco police officers don’t like living inside city limits, because they say it’s too expensive. Cops do fairly well here, and as we reported awhile back, Gary Delagnes, president of the San Francisco Police Officers Association, even anticipates that his union’s rank-and-file will be the highest paid in the nation by 2011.

But that’s not enough to keep officers from escaping to the ‘burbs, which would pose a serious logistical problem if a major natural disaster occurred and emergency personnel couldn’t cross damaged bridges back into the city fast enough. Sup. Ross Mirkarimi contended earlier this month that 75 percent of the force lives outside the city, and he wants more recruitment efforts to take place within the heart of San Francisco. An equally startling number of firefighters live elsewhere, too.

So the city of San Francisco will be handing $20,000 checks to officers as a down payment on a home in the city if they move back. It’s actually a “loan,” but it doesn’t have to be paid back if the recipient lives in the home for at least five years. If the cop is a renter, they can receive $5,000 for “relocation-related expenses.”

Supes should run redevelopment

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EDITORIAL Mayor Gavin Newsom, scrambling to blunt community criticism of the Redevelopment Agency’s activities in Bayview–Hunters Point, has appointed a new agency director, Fred Blackwell. But the problem was not with the top of the agency (the outgoing director, Marcia Rosen, was neither corrupt nor incompetent) but rather with the entire direction that redevelopment has taken in San Francisco under several generations of mayors. It’s time to take seriously the suggestion of Sup. Ross Mirkarimi — that the agency be taken out of the mayor’s control and given to the district-elected supervisors.

Redevelopment is a powerful tool that has been terribly misused all over the nation, and the scars in San Francisco are real and lasting. A rapacious Redevelopment Agency determined to wipe out low-income housing devastated huge swaths of the Western Addition and South of Market in the 1960s, and the communities still haven’t fully recovered. Some people argue that the entire program should be abolished — that redevelopment should be consigned to the dustbin of bad urban history.

But at a time when it’s terribly hard for cities like San Francisco to raise money for affordable housing, basic infrastructure (see accompanying editorial), and ambitious programs like public power, the legal advantages of redevelopment are too good to give up. A state-chartered redevelopment agency sells bonds and raises money with nothing to back up the bonds except the projected increase in property taxes expected from improving a blighted area. The city can’t do that on its own; if it could, then raising, say, a billion dollars for affordable housing would be relatively simple.

In theory, the redevelopment agency could also fund municipal wi-fi, public power, and all sorts of other major projects.

The problem, of course, is that a lot of people in low-income neighborhoods don’t trust redevelopment — and given the history, it’s hard to blame them. But part of the essential problem with the Redevelopment Agency in past years has been its utter lack of accountability; the Western Addition and SoMa plans were drawn up in secret and executed with little regard for community input.

As long as San Francisco supervisors are elected by district, they will be, by definition, more accountable, closer to the neighborhoods, and less corrupted by money than any citywide elected official. Giving the board control over redevelopment is a far better model.

Plenty of cities allow their legislature to run redevelopment. The city councils of both Oakland and Berkeley also function as the directors of those cities’ redevelopment agencies. It’s time to move San Francisco into that column. *

A vote on public broadband

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EDITORIAL It’s annoying that San Francisco progressives and good-government voters will have to spend time and money this fall trying to defeat Mayor Gavin Newsom’s phony wi-fi initiative. It won’t be easy, either: the mayor is, in the words of one blogger, Sasha Magee, promising free ice cream. He’s telling San Franciscans that they can have wireless Internet access everywhere in town without paying a dime. Hard to get people to turn down that deal.

But the mayor isn’t telling the truth — and when this battle is over, the progressives need to offer a much better alternative.

For many people, the promise of Internet access in the mayor’s plan will prove to be entirely false. The wi-fi deal that Newsom has put together will probably work fine for people checking their e-mail on laptops from park benches downtown and outdoor tables at sidewalk cafés. But people who live or work deep inside buildings, far from windows and walls, won’t get any signal at all. And anyone who lives or works more than two stories up won’t get a signal either.

And of course, the free signal, when it works, won’t be fast enough to do much but (slowly) check your e-mail, if there are no attachments to download. You want real broadband, you’re going to have to pay a monthly fee.

That, as we have reported over and over, is because this is a private-sector deal: the network (if it’s actually built) will be owned by EarthLink and Google, and the two companies will be trying to make money off it. They’ll do that by selling premium service (that is, service at a rate most people would consider tolerable) and by targeting everyone on the network with ads.

Although the ballot measure is vague and legally meaningless, it will be the vote of confidence Newsom can use to push the Board of Supervisors to approve his EarthLink-Google deal — that is, unless, as has been widely suggested in the business media, EarthLink shifts direction and decides not to pursue any more municipal wi-fi deals and the city is left holding the bag. So advocates of a true universal broadband alternative need to start working now to present another, better option.

And the best way to do that is to begin drafting a comprehensive citywide broadband initiative for the June 2008 ballot.

Broadband access is and ought to be part of the city’s basic civil infrastructure — something that, like water (and, someday, electricity), is offered through a publicly owned and controlled system at the lowest possible rates. Low-cost broadband would be an immense advantage to local businesses and a huge convenience for local residents and (unlike Newsom’s joke of a deal) would actually do something to address the digital divide.

Wi-fi would be a part of the package, of course, but the plan should also include a citywide fiber-optic network that would bring reliable, fast, and technologically up-to-date Internet access to every address in the city. And while it would cost the city some money up front to build it, the system would almost certainly pay for itself in just a few years. And it could be paired with the construction of a citywide public power system.

Next June may not be a high-turnout election statewide, but in San Francisco, Democrats will be out in force with one of the most contested primaries in local history, pitting Assemblymember Mark Leno against Sen. Carole Migden for the Third District senate seat. Both candidates will be pushing voter turnout — and both can be pressured to support publicly owned municipal wi-fi as a campaign issue (and to back the growing antiprivatization agenda in San Francisco).

Defeating the mayor’s plan is just step one — and the time to start with step two is today.<\!s>*

Redevelopment’s new face

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› sarah@sfbg.com

City Hall’s cavernous marble corridors echoed Aug. 14 with the footsteps of a band of sharply dressed African Americans, many of them ministers and all of them come to voice support for Fred Blackwell’s appointment as executive director of the San Francisco Redevelopment Agency.

Blackwell, who has a master’s degree in city planning from UC Berkeley and has been working for the Mayor’s Office of Community Development since 2005, most recently as director, won’t be the first African American to occupy the agency’s top post.

But Mayor Gavin Newsom’s decision to nominate Blackwell was seen by many as a hopeful sign that the agency might proactively address problems that have torn apart the Bayview–<\d>Hunters Point community in the past year and continue to dog the agency in the Western Addition.

These concerns include the suspicion that Newsom’s plan to fold Candlestick Point into the already controversial Hunters Point Shipyard redevelopment project is less about wooing the 49ers to stay and more about jumping into bed with Lennar Corp., a deep-pocketed and politically connected development company (see "The Corporation That Ate San Francisco," 3/14/07).

The deal gives Lennar the right to develop 6,500 new housing units and take over the cleanup of Hunters Point Shipyard — a move mayoral candidate Dr. Ahimsa Porter Sumchai described as "the dirty transfer of the shipyard" (see "And They’re Off," 8/15/07).

A growing body of Bayview–<\d>Hunters Point residents has asked the city to temporarily shut down construction at the shipyard’s Parcel A because of concerns about the toxic dust being kicked up (see "Dust Devils," 8/1/07).

And then there’s lingering ill will from the 1960s, when redevelopment caused the massive displacement of African Americans from the Western Addition.

So will Blackwell be able to solve the agency’s deep-rooted problems? Newsom described Blackwell as "an outstanding choice" when nominating him Aug. 10, while agency commission president Rich Peterson called Blackwell "smart, of high integrity, well known by community leaders, and familiar with the unique opportunities as well as important lessons learned of redevelopment in the city."

But while commissioner Francee Covington declared that "a new day is dawning at the agency" shortly before the commission voted 7–<\d>0 to appoint Blackwell, the African American community still has its concerns.

Minister Christopher Muhammad, who has led the voicing of concerns about the Parcel A dust, was proud to see an African American in a position of leadership. "But we are still going to hold your feet to the fire," he said. "Redevelopment is not just about the redevelopment of physical structures but [also] about the redevelopment of human beings."

Noting that Blackwell is a 1991 graduate of Morehouse College, Rev. Amos Brown said, "I find no fault in this man, and you will not find any either in terms of fitness for this office," while local resident Randall Evans voiced his belief that "the only folks gonna take care of black people’s business are black folks."

Activist-journalist Ace Washington observed that Blackwell is "coming into a very hot seat. He needs some ice cubes to sit down. Only time will tell if he stands by his convictions. It doesn’t matter if the director is black, Latino, Asian, or white. All of us here are saying, ‘Ah, a breath of fresh air.’<\!s>"

Rev. Arnold Townsend said, "We trust the resources are there to help community — and not to tell the community what to do. Because until that dynamic changes, it won’t matter who is executive director."

Blackwell conceded that he had misgivings about heading an agency founded in 1948 to remove blight, a mission that many say has been tainted by racism since its inception. "I admit I was not leaping and jumping when my name first surfaced, but I look forward to working with you all," Blackwell told the commission.

Blackwell later told the Guardian he hopes "to foster a sense of equity and opportunity and a broader vision of community development."

"The legacy of redevelopment and urban renewal is not a good one," he said. "The residue is still there, but trust is only built through action."

Describing the Western Addition and Bayview–<\d>Hunters Point as "two bookends in terms of redevelopment," Blackwell said he hopes "to close out the agency’s relationship with the Western Addition and make sure responsibility is transferred seamlessly to the appropriate agencies."

As for Bayview–<\d>Hunters Point, "we should take stock of what we should and should not do, get on the right track, and create opportunities for people who live there," he said.

But Sumchai wants to put the agency under the control of the Board of Supervisors: "You could appoint Jesus of Nazareth and still have problems as long as the agency is locked into its current structure."

Sup. Ross Mirkarimi says putting an African American at the head of the Redevelopment Agency "makes a lot of sense, considering the egregious and negative impact the agency has had on the African American community…. But no matter how well-liked Fred Blackwell is, that does not compensate for the deficiencies of the Redevelopment Agency’s aims and competence."<\!s>*

Today’s Ammianoliner

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City Hall code of conduct brings us the Stepford supervisors. Well, thank you for that veto. I needed that!

(From the home answering machine of Sup. Tom Ammiano.) B3

PG&E’s latest lies

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EDITORIAL Pacific Gas and Electric Co., which has made a lucrative practice over the years of co-opting environmentalists, is launching one of its boldest and most disgraceful initiatives yet — a campaign seeking to convince the Potrero Hill and Bayview–Hunters Point communities to oppose the city’s new peaker power plants by arguing that they’ll add pollution to the air.

Remember: This is the company that for many years ran the single worst source of air pollution in the region, a foul power plant that was finally shut down a few years back after a long and bitter battle. This is the same company that operates a nuclear power plant on an earthquake fault. The same company that polluted the wells in Hinkley, as depicted in the movie Erin Brockovich. This is a company that’s been lying to communities like Bayview–Hunters Point and Potrero for decades. Nobody should trust PG&E today.

We explained the background last week (see "Peaker Plants and SF’s Energy Future," 8/8/07), but the summary is this: San Francisco wants to install three small-scale power plants at the foot of Potrero Hill. The city’s argument: unless the peakers, which would provide backup power at peak demand times, are in place, the state’s regulators won’t allow the shutdown of the dirty Mirant power plant in the same neighborhood.

Some environmentalists, including San Francisco Public Utilities Commission member Adam Werbach, say San Francisco doesn’t need the peakers or the Mirant plant, but the powerful Independent System Operator, which controls the state’s power grid, disagrees.

That means Mirant will continue to spew poison unless the peakers operate — and PG&E is trying to stir up opposition with the threat that the neighborhood will wind up with both the peakers and Mirant. PG&E, of course, won’t own the peakers; they’ll be run by a company called J-Power USA for 10 years, at which point (if they’re still even needed) they’ll revert to the city. So the private utility is trying to stop the new plants to avoid future competition.

It’s a cynical ploy, but it might be effective — and there’s an easy way the city can stop it. The supervisors, the mayor, and the city attorney should simply announce that the contract with J-Power will state that the peakers can’t operate, even for a second, until the Mirant plant is shut down for good. It’s a simple, clean solution; what is everyone waiting for? *

PS As Amanda Witherell reports in this issue, the public San Joaquin Valley Power Authority has taken legal action against PG&E, charging that the company is vioutf8g state law by interfering with the creation of a Community Choice Aggregation program. There’s some solid evidence that PG&E is doing the same thing in San Francisco, and City Attorney Dennis Herrera should immediately open an investigation into whether this city should file its own complaint against PG&E.