Supervisors

How to remove Jew

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Photo by Charles Russo

By Steven T. Jones
Why can’t all of Ed Jew’s persecutors just get along? And who is going to finally force the hopelessly tarnished supervisor from office: City Attorney Dennis Herrera, District Attorney Kamala Harris, Attorney General Jerry Brown, the FBI and U.S. Attorney’s Office, Mayor Gavin Newsom, the Ethics Commission, or the Board of Supervisors? Those are just a couple of the many questions that I’ve been seeking answers to over the last few days as I interviewed people close to the case and read the relevant documents, including the voluminous criminal complaint.

What I’ve discovered is that while Harris may have leapfrogged past Herrera (whose deadline for Jew to comply with his requests for information and an interview is tomorrow) and the feds into the lead role, it’s an open question whether her criminal case will convince a jury to convict on most counts, and if there is a conviction, whether Jew will still be a sitting supervisor by then.

A food bill for San Francisco

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OPINION You may not have heard about it, but Congress is busy deciding the fate of America’s food supply: what’s grown, how it’s produced and by whom, and how that food will affect our health and the planet. The roughly $90 billion Farm Bill, covering everything from urban nutrition and food stamp programs to soil conservation and agribusiness subsidies, will dictate much about what we eat and at what price, both at the checkout line and in long-term societal costs.

Despite valiant progressive efforts that may bring some change, the big picture is not pretty: increasingly centralized power over food, abetted by lax antitrust policies and farm subsidies that provide the meat industry and food-processing corporations with cheap raw ingredients; huge subsidies for corn and soy, most of which ends up as auto fuel, livestock feed, and additives for junk food, fattening America’s waistlines; and, despite organic food’s popularity, a farming system still reliant on toxic pesticides (500,000 tons per year), which pollute our waterways and bloodstreams while gobbling up millions of gallons of fossil fuel.

Closer to home, residents in poor urban areas like Bayview–Hunters Point are utterly deprived of fresh, nutritious food. These so-called food deserts — whose only gastronomic oases are fast-food joints and liquor marts — feature entire zip codes devoid of fresh produce. Government studies show this de facto food segregation leads to serious nutritional deficits — such as soaring obesity and diabetes rates — among poor people.

What’s to be done? Congress needs to hear Americans — urban and rural alike — who are demanding serious change, and shift our tax dollars ($20 billion to $25 billion a year in farm subsidies) toward organic, locally oriented, nutritious food that sustains farming communities and consumer health.

Locally, with leadership from the supervisors, a progressive San Francisco food bill could be a model for making America’s food future truly healthful, socially just, and sustainable — and encourage other cities to buck the corporate food trend. Such a measure could include:

Organic and local-first food-purchasing policies requiring (or at least encouraging) all city agencies, local schools, and other public institutions, such as county jails and hospitals, to buy from local organic farms whenever possible.

Incentives — backed by education, expanding markets, and consumption of local organic foods — to encourage nonorganic Bay Area farmers to transition to sustainable agriculture, while subsidizing affordable prices for consumers.

Healthy-food-zone programs with targeted enterprise grants encouraging small businesses and farmers markets to expand access to healthy foods in poor neighborhoods identified as deserts.

A city-sponsored education campaign discouraging obesity-inducing fast food and promoting farmers markets and other healthful alternatives.

Zoning and other incentives for urban and suburban farming.

Ultimately, the city needs a food policy council — including farmers, public health experts, antihunger activists, environmentalists, and others — coordinating these efforts. The city needs a progressive food bill, merging the interests of urban consumers, Bay Area farmers, and environmental sustainability, for a policy-driven alternative to our destructive industrial food system. *

Christopher D. Cook

Christopher D. Cook is a former Guardian city editor and the author of Diet for a Dead Planet: Big Business and the Coming Food Crisis (www.dietforadeadplanet.com).

Reform the recall

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EDITORIAL The Board of Supervisors — and the very notion of representative democracy — is under attack in San Francisco.

As city editor Steven T. Jones reported in last week’s paper ("Hazy Recall") and on our Politics blog ("Connect the Recall Dots"), a recall campaign has targeted Sup. Jake McGoldrick, citing his advocacy of car-free spaces in Golden Gate Park and a bus rapid-transit initiative that recall advocates believe district residents oppose.

Behind its claims of being a grassroots effort with legitimate concerns about McGoldrick’s leadership are some troubling indicators that there’s a lot more to this than potential petition signers might realize. The campaign’s biggest financial contributions come from the Residential Builders Association (which has long battled McGoldrick over conditions and restrictions he’s tried to place on developers) and the conservative property rights group Small Property Owners of San Francisco.

The lion’s share of the $24,000 raised so far has gone to Johnny K. Wang’s JKW Political Consulting. Among JKW’s other clients are the reelection campaign of Mayor Gavin Newsom (who would get to appoint McGoldrick’s successor, and whom the supervisor publicly criticized over Newsom’s sex scandal), Google and Earthlink (which Newsom wants to build a wireless Internet system for the city, a deal McGoldrick has taken the lead in scrutinizing), and malevolent downtown player Citizens for Reform Leadership (an attack group created by Newsom treasurer Jim Sutton).

It’s no surprise that Newsom and his downtown allies would want to knock off McGoldrick or any of the progressive supervisors who have been effectively setting the city’s agenda for at least the past two years. In fact, critics of the board have now launched another recall campaign, against board president Aaron Peskin, as well as a lower-level effort against Sup. Chris Daly. And this follows an unsuccessful 2004 effort to recall Sup. Sophie Maxwell, which had some behind-the-scenes support from downtown attack dog Wade Randlett.

None of these four supervisors have committed the acts of corruption, incompetence, or gross malfeasance for which the tool of the recall was created. Instead, people are trying to recall McGoldrick, Peskin, and Daly simply for being effective legislators with whom some of their more conservative constituents disagree.

This is an outrageous and dishonest abuse of the recall. Newsom should immediately and publicly express his opposition to the recall campaigns, and citizens of the district should refuse to sign the petitions. But that’s not enough. It’s time for the Board of Supervisors to consider placing a charter amendment on the ballot that would reform the way recalls are handled in the city, which is far more lenient than under state law.

The San Francisco signature threshold of 10 percent of registered voters is ridiculously low, particularly for district-elected supervisors, for whom only about 3,500 signatures are needed. Statewide, the standard is 20 percent of registered voters, and that should be our standard as well.

Raising the signature threshold is particularly important given the advantage that downtown interests have in recalling supervisors. The City Charter treats recall campaigns like ballot measures, allowing for huge political contributions rather than the $500 limits applied to candidates. This is grossly unfair to truly grassroots groups and should also be changed to cap contributions at $500.

Finally, we should remove the temptation for allies of the mayor to use the recall as a way of undoing popular elections and giving more power to the mayor. Most recall elections in California entail the replacement of a successfully recalled official by a vote of the people (as we saw when Gov. Gray Davis was recalled), but in San Francisco, the mayor chooses the successor. That needs to change.

Too often these days, the recall is a weapon wielded recklessly by wealthy special interests to subvert the true will of the people. By setting reasonable financial contribution limits, creating a high but still attainable signature threshold, and making the recall more democratic, San Francisco can once again make the recall an honorable — and seldom used — tool of the people. *

Don’t let PG&E kill CCA

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EDITORIAL For decades, Pacific Gas and Electric Co. has been a deceptive and corrupting influence in San Francisco politics, time and again subverting efforts to create a public power system that would save city ratepayers tens of millions of dollars annually, comply with the federal Raker Act public power mandate, and create a greener power portfolio.

PG&E is prohibited by state law from interfering with community choice aggregation, an eminently worthy project that will allow San Francisco to develop sustainable energy projects and to buy and distribute power on behalf of residents. So, to circumvent the law, PG&E works quietly and aggressively through the Chamber of Commerce, the mainstream media, and community groups. It also spreads a blizzard of greenwashing ads around the cityscape.

The Guardian obtained a memo that PG&E secretly distributed to various community groups around town a few weeks ago, calling the CCA plan flawed and the city unfit to enter the power business. As Amanda Witherell reported on our Politics blog, Committee on Jobs director Nathan Nayman then plagiarized whole chunks of the PG&E missive for a May 23 guest editorial that he wrote for the San Francisco Examiner (a PG&E ad nestled close to his op-ed on the Examiner‘s Web site).

Then the Chamber of Commerce got into the act, purporting to conduct a poll of 111 business executives, most of whom said — surprise, surprise — that they would rather just keep doing business with PG&E. We got a copy of the poll, and it showed that only l,500 of the city’s 50,000 or so businesses were canvassed, and less than 10 per cent bothered to respond. The company that conducted the poll, Greenberg Quinlan Rosner Research, lists PG&E as a client on its Web page but does not list the chamber.

Despite the obvious bias of this survey and the chamber’s clear intention to do PG&E’s bidding, both the Examiner and the San Francisco Chronicle dutifully reported the results but didn’t include any comment from public power people. How close was the coordination between PG&E and the chamber? When the Chronicle called PG&E for comment, the reporter wrote, a chamber spokesperson called back on PG&E’s behalf. Neat. And the chamber’s James Lazarus testified on the poll results at the Board of Supervisors’ Budget and Finance Committee CCA hearing June 6.

To its credit, the committee saw through the charade and voted unanimously to move CCA forward. The full board was scheduled to consider approving CCA on June 12 after our press time, and approval appeared likely. CCA is an important first step toward public power, consumer choice, and an energy policy that is sustainable and independent. Let’s put CCA on the fast track and keep exposing PG&E’s sneaky maneuvers and the people and businesses that promote them. *

Ghostbusters

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› sarah@sfbg.com

Entertainment commissioner Audrey Joseph is, by her own assessment, a tough cookie. She successfully beat back a developer’s efforts to close her old SoMa nightclub. She attended her first Halloween in the Castro as a windup doll. And when skinheads targeted the famously gay Halloween event in the late 1980s, Joseph helped form the Gay Guards. But for all that, she is the first to admit that her latest gig — which involves helping Sup. Bevan Dufty and Mayor Gavin Newsom move Halloween festivities out of the Castro — won’t be easy.

"Sometimes I feel like a whipping post," Joseph told the Guardian the day after she gave the city’s first public presentation of the Dufty-Newsom plan to move the event into a parking lot behind AT&T Park — a lot that just happens to lie in the district of Newsom nemesis Sup. Chris Daly.

With Dufty stuck in traffic, though he did show up later, and Newsom nowhere in sight, Joseph was flying solo May 30 as she laid out their plan to an audience that was composed primarily of middle-aged Castro business and property owners. The city won’t close Market and Castro streets, and it won’t provide portable toilets or entertainment in the Castro, but it will police the area, and Castro merchants will be asked to voluntarily close early.

"We’d love to see the Castro dead," Joseph said as she laid out plans to lure Halloween revelers into the stadium parking lot by holding a concert featuring an as-yet-unnamed mainstream entertainer.

Some Castro residents expressed ambivalence about killing off what one attendee said amounts to "a sacred holiday" for the gay community, others pointed out that it would take a major hip-hop artist to lure the bridge-and-tunnel crowd to a concert that will cost $10 to $25 a pop, and bar owner Greg Bronstein questioned the sanity of closing early on what is the busiest business night of the year. Deputy police chief David Shinn pointed out that unlike New York’s 30,000-strong police force, which can encircle the Big Apple’s Halloween parade, the San Francisco Police Department’s 2,400 officers cannot ring the Castro.

"We’ve heard everyone’s cries about wanting Halloween out of the Castro," Joseph told the crowd. But her headache stemmed from the fact that her audience represented a small but highly vocal fraction of the 49,839 registered voters in Dufty’s district — and similarly small but vocal groups exist in Daly’s district too. Rincon Tenants Association president David Osgood decries the proposed plan as "the worst case of NIMBYism."

"This is an obvious effort by one neighborhood to get rid of their own event," Osgood told the Guardian. "But people are going to go to the Castro anyway. Halloween in the Castro has a flamboyance you don’t get anywhere else. Moving Halloween to the Embarcadero is like trying to move Mardi Gras out of New Orleans to Omaha. It’s just not going to work. It needs to be planned where it is."

But Joseph has high hopes for AT&T Park as a Halloween site, even though she has had a hard time finding event promoters. "The site is bigger, there’s less residential impact, it’s right on a Muni line, and we won’t have to stop traffic on the Embarcadero during rush hour when we’re setting up," she said.

Defending the lack of community meetings about Halloween in the past six months (something Newsom and Dufty had promised), Joseph said, "The city had to debrief from last year’s event, make a plan, and get Supervisors Dufty and Chris Daly to sign off on it, since both districts are involved, then meet with the mayor, the port, and a string of musical promoters."

As for concerns that people will just show up in the Castro or drift there once the city pulls the plug on the stadium parking lot concert at 10 p.m., Joseph said, "I’m open to suggestions. I’m trying to create a safe and fun environment where people say, ‘Wow, this is a great party!’ instead of coming to the Castro, looking terrified, and holding on to each other — for the thrill of what? Being stabbed or shot?" *

The fate of District 4

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EDITORIAL Sup. Ed Jew may be able to explain the $40,000 cash in his safe to federal prosecutors. He may be able to convince the authorities that he did nothing illegal when he personally took payment for work that a permit expediter did and kept half the money for so-far-undefined community improvements. Those are criminal issues and a matter for the feds, Jew’s lawyer, and possibly a judge and jury. And while we agree with Sup. Chris Daly — it sure looks terrible — Jew is innocent until proven guilty.

His residence is something else.

The daily papers have produced enough evidence over the past few weeks to raise real doubts about whether Jew actually lives at the address he listed on his voter registration and candidacy forms. By law, he had to be a resident of the district 30 days before he filed for supervisor, but the water service at his 28th Avenue house had been turned off for four months before he announced his candidacy. Current water records show very little use. Neighbors have said the house has been vacant for some time.

So either Jew comes and goes at very odd hours, never sees his neighbors, and doesn’t shower or wash dishes at home, or he’s got a real problem. City Attorney Dennis Herrera has asked Jew to submit proof by June 8 that he is a resident of District 4, but there’s no reason the supervisor should wait for that deadline. He needs to immediately make public his home address and provide evidence to the voters of his district that he’s actually a resident. And if he can’t do that, then he ought to save the city and the district a long legal battle and simply step down.

Under the City Charter, the mayor has the authority to fill a vacancy on the Board of Supervisors, although the person appointed has to face the voters at the next regularly scheduled election. If Jew leaves office soon, it’s likely that both Gavin Newsom and his appointee will be on the November ballot.

And right now, the odds are that Newsom will appoint the man he endorsed and campaigned for last November — Doug Chan. That would be a mistake. As we reported in "PG&E’s Candidates" (10/25/06), Chan is an attorney for Pacific Gas and Electric Co. His firm, Chan, Doi, and Leal, received more than $200,000 in legal fees from PG&E in 2005 and 2006, and as a partner, Chan received at least $10,000 of that (according to his own disclosure forms). If Newsom appointed him, Chan would be the first supervisor in modern history who directly received income from PG&E. At a time when the city is moving toward a public power system and is already involved in millions of dollars’ worth of litigation with PG&E, that would be an unacceptable conflict.

Besides, the voters have already had something to say on the question. Chan finished fourth in the balloting last fall, behind Jew, Ron Dudum, and Jaynry Mak. Dudum, who is far too conservative for our taste, was the first runner-up — but there were four Asian candidates in the race, and together they far outpolled him. So there’s a good case for appointing an Asian to this seat.

We endorsed Mak in the race, and we still think she would be the best of the candidates who ran in 2006 — and if the mayor wants to go beyond that field and find someone new, he’ll have to make a strong case for defying the will of the voters. 2

Beyond the Progressive Convention

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EDITORIAL The Progressive Convention didn’t produce a candidate for mayor, which wasn’t really a surprise: by the time the show opened, it was pretty clear that none of the leading contenders was ready to enter the race that day. And that, of course, will give the mainstream news media plenty of opportunity to say that the San Francisco left is disorganized, discouraged, and unable to mount a challenge to Mayor Gavin Newsom.

But Sup. Chris Daly actually did a very positive thing in pulling this event together. It wasn’t a nominating convention and never should have been, but it did serve as a reminder of the large and growing number of ideas, activists, and elected officials that make up that amorphous bloc known as the San Francisco progressives.

Daly, in a closing speech, noted that he’s heard over and over again how weak the movement is, but reminded the 400 or so attendees that "the state of the progressive movement is strong." Progressives control the Board of Supervisors and the school board. More than half the elected officials in the city generally fit under the progressive banner. And of the successful policy initiatives that have come out of this city in the past two years, almost none were from the Mayor’s Office.

Ten years ago, this event couldn’t and wouldn’t have happened. The city was stuck under the tight rule of a political machine, and only a handful of elected officials dared defy the kingpin, Willie Brown. Although the progressives have come a long, long way, winning a citywide race for mayor when the incumbent has soaring approval ratings and an essentially endless supply of money still isn’t an easy task. So it’s no surprise that there aren’t many takers.

In fact, there are some on the left who argue that it’s best to just give Newsom a pass and focus on the next round of supervisorial elections, in 2008. But that would be a mistake.

For starters, we’re still not convinced of Newsom’s invulnerability. The mayor may have great PR, but he has a lousy record. The city’s facing a long list of serious problems, from the murder rate to the Muni meltdown, and Newsom has done almost nothing to address them. The right candidate could mount a real challenge.

And even if it’s a long shot, San Francisco needs a mayor’s race. Newsom has gone into hiding of late; he won’t face the press, won’t appear before the supervisors to answer questions, and holds only farcical community meetings where all the questions are planted or screened ahead of time. A challenge would force him into the open and give the voters a chance to hold him accountable.

If it’s done right, a campaign could energize the legions of disenfranchised and create the sort of momentum the progressives need to retain control of the Board of Supervisors next year. And it would ensure that the left turn out for the election in November — which will be crucial if some downtown-backed initiatives and an attempt to recall Sup. Jake McGoldrick are on the ballot.

It’s late, and it’s getting very late for a candidate to enter the race, but there’s still a short window of time. Former supervisor Matt Gonzalez is still thinking about a run, and if he’s going to do it, he should be talking now to some of the progressives whose support he’ll need. Frankly, he has some fence-mending to do from his last race and from his decision to leave the board, and he should start that now.

We still think Ross Mirkarimi ought to run, and despite his official reluctance, he still can. A win would shake up city hall like nothing in years; a loss might still position the supervisor well to try again when Newsom is termed out. Daly at this point has taken himself out for family reasons, which is understandable — but he could also mount a strong campaign.

In his convention speech, Mirkarimi kept saying that "somebody" needs to take on the mayor. Ross, Matt, Chris … we’re waiting. *

Budget battle brews

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By Steven T. Jones
Mayor Gavin Newsom may be content with a “back to basics budget” that focuses on clearing the streets of trash, potholes, and poor people, but progressives are preparing to push for a more forward-thinking plan that addresses low-income housing and other long-term needs. Supervisors Chris Daly and Tom Ammiano (both of whom sit on the Budget Committee) today introduced a measure to restore some of Newsom’s proposed cuts to health services and the $33 million in board-approved affordable housing spending that Newsom blocked last month. Daly put out a statement today saying, “When Gavin Newsom claimed he couldn’t build affordable housing, because the City didn’t have the money, he was lying to the people of San Francisco. The money is available. It is only a matter of priorities.”
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Image from www.onerinconhill.com
San Francisco has built lots of million-dollar condos on Newsom’s watch, but almost no affordable housing, a situation that threatens the city’s socioeconomic makeup.

Ed Jew: “I don’t spend my money this way and I’ll bet you don’t either.”

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By Sarah Phelan

Cannot get enough of the Sunset Beacon!
In a recent “Update on District Affairs” column for the neighborhood paper, Jew writes about why he and Sups. Michela Alioto Pier, Sean Elsbernd and Geraldo Sandoval, opposed Sup. Chris Daly’s $28 million supplemental appropriation for a variety of affordable housing programs.
Since we were kinda wondering about that vote (unlike Jew we don’t own 13 properties in and around San Francisco and therefore we could seriously use some more affordable housing), we read on.
“Some supervisors [that would be seven out of eleven supervisors, Ed] believe this money needs to go to affordable housing because the taxpayers have twice, in recent years, turned down the opportunity to pay more property taxes intended for housing.”
“Of course we need affordable housing, but a last-minute budget raid is not the way to get it, “continues Jew, who claims he was “particularly puzzled” that the $28 million request contained $5 million for the Housing Authority, “an agency,” writes Jew that spends money so badly that former Mayor Art Agnos has just been named it court-appointed receiver for the purpose of forcing the agency to pay its bills. There are no strings attached to the $5 million–it is basically a blank check. I don’t spend my money this way and I’ll bet you don’t either.”
Actually, Ed, now that you’ve mentioned it, we’ve been wanting to ask you about the $40,000 cash in your office safe, and how you were planning to spend it. See you at the Board meeting, tomorrow.

The convention was no bust

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Run, Ross, Run

By Tim Redmond

No, we didn’t walk away with a candidate for mayor, and yes, that was disappointing to a lot of us. I actually thought for a brief moment that the chants of “Run Ross Run” as Sup. Mirkarimi took the stage late in the day would make a difference, that he would realize he has a constituency and that running for mayor would be a good move for him politically, but that didn’t happen. After a strong speech proclaiming that “somebody” has to take on Gavin Newsom, Mirkarimi made clear that it wasn’t going to be him.

And Chris Daly, who had at one point said that he would run if noboby else did, bowed to the reality of the fact that he has a young child and another on the way, and took a pass.

But overall, the convention was uplifting, inspiring and productive. Whatever the daily papers may say, Daly made the right point at the end: The state of the progressive moment in San Francisco is strong. Progressives control the Board of Supervisors, the School Board, and a number of other top positions; half of the elected officials in San Francisco now put themselves under the progressive banner, Daly noted.

And the green and blue baloons and beads represented what could be a very hopeful future trand — the left wing of the Democratic party and the Green party, working together on what is for most a shared aganda.

We ought to do this sort of thing more often.

A few great moments:

A chance to end police secrecy

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EDITORIAL There’s still a chance to restore sunshine to police disciplinary records, but it’s going to take strong and visible support from public officials around the Bay Area.

A bill authored by Sen. Gloria Romero (D–Los Angeles), SB 1019, would allow the public limited access to hearings and reports on police misconduct. That’s nothing new; the San Francisco Police Commission has held disciplinary hearings in public for years. But a 2006 state Supreme Court decision, Copley v. Superior Court, barred that practice, giving peace officers a stunning and unprecedented level of protection from public oversight.

All the Romero bill would do is restore the law to where it was pre-Copley. It makes perfect sense: cops have immense authority and power, and when they abuse it, the public loses faith in the law enforcement process. As San Francisco sheriff Mike Hennessey points out in a letter supporting SB 1019, shedding some light on the system and ensuring that officers who are suspended or terminated for misconduct can’t avoid public scrutiny "will help law enforcement by allowing it to inform the public that internal discipline within public safety agencies is a serious matter and that steps are being taken to maintain that discipline."

Assemblymember Mark Leno (D–San Francisco) tried earlier this year to overturn the Copley decision, but his bill was bottled up in the Assembly Committee on Public Safety. Even his San Francisco colleague, Fiona Ma, wouldn’t vote in favor of the bill. Romero, the Senate majority leader, has done a bit better: SB 1019 squeaked through the Public Safety Committee on a 3–2 vote and is now headed for the Senate floor.

The vote there will be close too: the police secrecy lobby has pulled out all the stops to fight this, and even Democrats in Sacramento are afraid of offending police organizations. That’s why it’s important that community leaders around the Bay stand up and make clear that this is a bill with broad-based support.

The San Francisco Police Commission has endorsed it, as have the San Francisco supervisors. The city councils of Oakland and Berkeley are on record as supporting it. But we haven’t heard from Mayor Gavin Newsom or Oakland mayor Ron Dellums; both need to speak out in favor of the bill and let Romero know that she has their support.

Sen. Leland Yee told us he fully supports the bill; so does Sen. Carole Migden. So far, though, Don Perata, the State Senate president pro tem who represents Berkeley and Oakland — cities that have long-established police oversight agencies — hasn’t take a position. He needs to not only endorse the bill but use the considerable power of his office to push for its passage. Every vote will count on this one, and Perata’s constituents should let him know that they’re watching. *

Selling wi-fi

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› sarah@sfbg.com

Just before a Board of Supervisors committee finally considered Mayor Gavin Newsom’s controversial free wireless Internet plan May 14, supporters of the mayor staged a rally on the steps of City Hall. The event featured African American ministers, Latino students, and Chinese senior citizens demanding that the city hurry up and bridge the digital divide by approving Newsom’s deal with Google and EarthLink.

"Wi-fi for All" was part of an aggressive push for the plan by Newsom’s reelection campaign team — which organized the rally and a letter-writing campaign aimed at supervisors — yet one that has been denounced as a race-baiting fraud by critics who have long argued that the deal does little to put connected computers in the hands of poor folks and that it’s a better deal for the corporate partners than it is for city residents.

"Chinatown is at the bottom of the line," Self Help for Seniors president Annie Chung announced as busloads of seniors stood up and silently waved their "Wi-fi for All" signs on cue.

"Forty percent of the Latino community do not own or have access to a computer," city resident Ricardo Alva added, while Rev. Arnold Townsend thundered, "Everybody who is opposed to this is going home and online."

Yet Newsom’s contract effectively creates a world of first- and second-class cybercitizens. Those who can afford to pay $22 a month can sign up for EarthLink’s premium service, which gives them a competitive and fast connection speed of 1,000 kilobits per second, plus free relay equipment (such as an antenna if they have reception problems). But those who can’t afford to pay get an account that lets Google do free market research in exchange for slow-speed (300 kbps) service that does not cover the $50 to $200 cost of equipment they might need to receive a connection indoors.

A new study by the Office of the Controller finds that 82 percent of city residents use a computer at home and 80 percent of those use it to access the Internet. So the service is aimed primarily at the 20 percent of folks who have a computer but no Internet access, those who might want to drop their existing service, or those who want to Web-surf in parks and other public spaces. The controller’s City Survey 2007 also notes that while more than 80 percent of the north, central, and west regions are connecting to the Internet at home, only 70 percent of the southeastern neighborhoods do so.

"Between 1998 and 2007, Southeast residents bought home PCs at a slower pace," the survey states, observing that whites are "2.1 times more likely to have Internet access than African Americans." Of non–college graduates, "those over 60 years and particularly Latinos, those without access are even less likely now to get online."

So there’s a certain logic to the mayor’s use of the race card, at least until the public scrutinizes whether universality of access, speed, service, equipment, support, and training are guaranteed under his deal. But Newsom has been unwilling to discuss the proposal with the Board of Supervisors or entertain modifying the deal since he emerged from a Google-chartered Bombardier corporate jet with visions of free wi-fi dancing in his head following an economic summit in Davos, Switzerland.

But supervisors have pushed the city’s Department of Telecommunications and Information Services (DTIS) to investigate the feasibility of city-owned wi-fi and high-speed fiber optics. Those reports, finally made available this spring, confirmed what wi-fi experts had been saying all along: municipal wi-fi is feasible, and fiber is a necessary backbone and complementary service in a city whose famed fog and hills make wireless Internet access a spotty proposition at best and a nonexistent one at worst.

Tim Pozar, CEO of United Layer, which installed free Internet at the Alice Griffith housing project, told us, "The extreme difficulty of reaching users inside of buildings makes the Google-EarthLink wi-fi strategy the worst possible model for bringing Internet to low-income communities which don’t have it yet."

Eric Brooks, a member of PublicNet San Francisco, a newly formed coalition of community groups and Internet professionals, dismisses as "ludicrous" the notion that people will cancel cable and DSL to sign up for EarthLink’s premium service, which the controller’s report said would save city residents $9 million to $18 million annually.

"I have dial-up, and I’m on the third floor of my building, so I’m not gonna cancel my dial-up, because the wi-fi won’t be reliable," Brooks says. And Ralf Muehlen, director of SFLan, a nonprofit that already provides free wi-fi Internet access to hundreds of San Franciscans, wonders who is going to want to pay EarthLink $22 a month "when AT&T sells a 50 percent faster service for $20."

Asked about these concerns, Emy Tseng, project director of the city’s Digital Inclusion program, acknowledges that wi-fi is like cell phones and broadcast TV when it comes to spotty, unreliable reception.

"You might get a stronger signal if your window is facing a light pole or if you have a wireless router, like an antenna or rabbit ears," says Tseng, who is currently talking to manufacturers about getting discounts on computers and relay equipment in an effort to reach an estimated 150,000 underserved residents.

According to the Newsom-negotiated contract, EarthLink will pay the city 5 percent of gross revenues from its subscription services, and these funds will allow the city to try to bridge the gaps in the city’s ever-widening digital divide. Brian Roberts of the DTIS says the city anticipates receiving a minimum of $75,000 in digital inclusion funds per quarter if all goes well and at least $200,000 if the deal breaks down.

"Cost is becoming less of a factor as computer equipment prices fall," says Tseng, who is trying to build community-based support programs within neighborhoods. She believes the two-square-mile pilot project required of EarthLink to prove that its network is feasible will be built in underserved neighborhoods, not downtown, as some critics have feared.

Yet the American Civil Liberties Union warns that Newsom’s deal raises unresolved security and privacy concerns. Blogger Sasha Magee of www.leftinsf.com gives Newsom credit for having opened up a serious discussion about digital inclusion and the government’s role in trying to ensure that everyone has access to the opportunities the Internet represents: "To his credit, the contributions of activists and service providers around digital inclusion programs have been listened to," Magee wrote. "What has not been listened to, however, is the input on what the network should be." *

The drug war soldiers on

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› gwschulz@sfbg.com

It’s been five months since the Board of Supervisors passed Sup. Tom Ammiano’s ordinance directing the San Francisco Police Department to make cannabis busts its lowest possible priority.

But is it safe to say San Franciscans can openly smoke, grow, or distribute cannabis without being harassed by law enforcement, as the nighttime talk show hosts and news pundits are fond of pronouncing?

Eric Luce, who’s worked as a public defender in Jeff Adachi’s office for the past four years, doesn’t think so. He’s seen a spike in recent cannabis busts and has eight open cases right now involving small-time marijuana sales.

"They’re being charged every day," Luce said. "This is a fairly new phenomenon, and I think it’s linked 100 percent to getting felony conviction rates up."

One of Luce’s clients, a Salvadoran émigré, already faced a stacked deck without trouble from the police. She’s an HIV-positive, transgender woman with a history of clinical depression. During a string of undercover operations conducted by SFPD narcs throughout March and April, an officer approached the woman (Luce requested that the Guardian not publish her name), asking if she had crack.

No, she said, but she did have a little pot, what turned out to be half a gram, hardly enough for a joint. The officer offered $5 for it, but she declined and turned to leave, declaring that she’d rather just smoke it herself. So he raised his offer to $10. She said yes and was arrested.

More than a month later, she remains in jail, and although she was granted amnesty in the late ’80s and has spent the past 25 years in the United States, Luce said, the arrest threatens her immigration status.

In another recent case, three men were arrested at Golden Gate Park in early March for allegedly selling an eighth of an ounce to an undercover narcotics officer. All told, police claim the trio possessed a half ounce between them. One defendant spent a month in jail for it, and Luce’s client, a homeless man named Matthew Duboise, was only released after Luce persuaded a judge that the officers had searched him illegally.

If Luce’s clients otherwise accept guilty pleas simply to get out of jail, District Attorney Kamala Harris gets to characterize these pleas as felony convictions of drug dealers — a significant distinction during an election year — even as she claims publicly to back the concept of low priority. Like so much about the drug war, Ammiano’s ordinance, joined by a handful of other piecemeal legislative attempts in California to soften prohibition, creates as many questions as it does answers.

How would police officers officially make cannabis a low priority? Could they look the other way without sanction? Does the SFPD even care what city hall decides if federal agents continue to insist through their actions and words that possessing or using cannabis in any form is still against the law?

In recent weeks we contacted the defendants in three additional local cannabis busts, ranging from large to small quantities, but none of them would speak to us even off the record about their cases, fearing a backlash at pending court hearings. So we visited the very unsophisticated criminal records division at the Hall of Justice on Bryant Street for a crude statistical analysis of recent marijuana charges filed in the city.

Using the hall’s record index, we conservatively estimated there were well more than three dozen cases filed by the District Attorney’s Office since the beginning of 2007 involving violations of California’s Health and Safety Code, section 11359, felony possession of marijuana for sale. The tally is just for simple drug charges, and that doesn’t even count cases with accompanying charges, like weapons possession or violent assault.

So where are all these cases coming from?

Sharon Woo, head of the DA’s narcotics unit, points out that Ammiano’s legislation specifically exempts "hand-to-hand sales" in public places and was amended — notably at the 11th hour before its passage — to include such sales "within view of any person on public property." She said most of the cases we identified, like the two mentioned above, involved an SFPD response to grumbling from residents about drug sales in certain neighborhoods. The resulting undercover sweeps net 20 to 50 suspects each time.

"The [Police] Department is really answering a community request for assistance, and we’re prosecuting based on the information they give us," Woo told the Guardian. "When it’s in an open place, a public place, we treat hand-to-hand sales of marijuana as seriously as any other type of crime."

Those are only the cases for which there’s a paper trail. Gary Delagnes, president of the San Francisco Police Officers Association (SFPOA) and a former narcotics officer, told us police in the city are more than likely to simply book confiscated marijuana without filing charges against the suspect to avoid paperwork and the perceived inevitability by the SFPD rank and file that Harris won’t prosecute small-time users or growers, at least not with the zeal they’d prefer.

That means the index we scanned wouldn’t reflect instances in which police simply confiscated someone’s pot — possessed legally or illegally — or cases in which a suspect was never arraigned in court but still endured being ground through the criminal-court system. And it’s worth mentioning that at least under city rules, a qualified medical marijuana patient can possess up to eight ounces of dried cannabis, a considerable amount.

Delagnes says marijuana should be fully decriminalized. "But if somebody calls us and says, ‘Hey, look, there’s a place next door to me, and it stinks like marijuana to high heaven, and I just saw a guy in the backyard with 50 marijuana plants,’ what are we supposed to tell the guy on the phone? ‘Tough shit’?"

What’s remarkable is that San Francisco has been through all this before — 30 years ago. Local voters passed Proposition W overwhelmingly in 1978, demanding that law enforcement officials stop arresting people "who cultivate, transfer or possess marijuana."

Dale Gieringer, director of California’s National Organization for the Reform of Marijuana Laws, said San Francisco all but forgot Prop. W. So how do you prevent the same thing from happening to Ammiano’s ordinance? "You don’t. Law enforcement is unmanageable," Gieringer said. "You have to get state law changed. The only way I know to get state law changed is you … try to build up local support before you finally go statewide, which is exactly what we did with medical marijuana."

Gieringer, who helped Ammiano’s office pen the most recent law, said it was modeled after a similar Oakland version, which explicitly made an exception for street sales. "We were protecting private adult cannabis offenses with the understanding that we didn’t want marijuana sold in the streets, which has been a real problem in Oakland and other places," Gieringer said. "You get all of these neighborhood complaints."

But in another case we reviewed from court records, a suspect named Christopher Fong was pulled over in January near Harold Street and Ocean Avenue and arrested for allegedly possessing five bags of marijuana.

He had a doctor’s recommendation but no state-issued medical cannabis card, according to court records. Under Proposition 215, passed by voters more than 10 years ago, you still don’t need a license to prove to officers you’re a cannabis patient, a fact Woo from the DA’s Office didn’t seem fully aware of during our interview. San Francisco state assemblymember Mark Leno simply created the license system in 2003 to encourage law enforcement to stay off your back with the right paperwork.

So despite each of California’s awkward lurches toward decriminalization, without a complete, aboveground regulatory scheme, users still exist in a form of criminal purgatory, and demand for cannabis still spills onto the street. The most anyone can pray for is being confronted by a cop who happens to be in a good mood that day.

"It still comes down to the discretion of the cop," Ammiano told us.

His law nonetheless quietly represents something that few other decriminalization efforts have in the past: its premise does not hinge on the notion that cannabis possesses medicinal qualities. It simply says taxpayers are weary of spending $150 million statewide each year enforcing marijuana laws and clogging courts, jails, and the probation system with offenders.

The ordinance also includes the formation of a community oversight committee composed of civil liberties and medical cannabis advocates. They’ll be responsible for compiling arrest rates and obtaining complaints from civilians in the city who believe they’ve been unfairly accosted by officers.

"I think [the department] would be more likely to take it seriously if they received a lot of complaints about what they’re doing," said Mira Ingram, a cannabis patient and committee appointee. "So I’m hoping with this committee, we’ll be able to bring all of this stuff out and be a sounding board for people who have problems with [police]."

Ammiano’s office told us the ordinance simply codifies what was already the prevailing attitude in the SFPD’s narcotics unit. But it remains doubtful as to how far the cannabis committee could go in forcing fundamental changes in department culture, especially considering the committee couldn’t punish officers for vioutf8g the lowest-priority law or even for refusing to provide detailed information about individual cases.

"Until we can change that culture, it’s not going to go away," admits Michael Goldstein, another committee appointee. "It would be my hope that … eventually we would have some empowerment to forestall and limit what they do in that regard. But you understand what it takes to completely transform an organization like that. It ain’t gonna happen. I’ve been around [San Francisco] for 30 years."

While Delagnes told us that he’s not altogether opposed to the idea of repealing prohibition, the SFPOA has attacked local officials who publicly support cannabis users, a signal that even after an entrenched, decades-long war against narcotics, the Police Department may be a long way from making marijuana a truly low priority.

Police commissioner David Campos, an aspirant to the District 9 supervisor seat now held by Ammiano, drew fire from the SFPOA when he recently criticized a regular antagonist of the city’s medical marijuana dispensaries, an SFPD sergeant and particularly aggressive drug cop named Marty Halloran.

"Commissioner Campos said Marty Halloran has no business being a police officer," Delagnes angrily told the commission in April. "Oh really? Well, for someone who has obviously dealt with this situation with a complete lack of integrity and has failed to act in a fair, impartial, and objective manner, I believe the opposite is true of Mr. Campos, and perhaps you should not be sitting on this commission."

Does that sound like an end to prohibition looms?

For Luce, the most alarming recent trend is officers finding a homeless street addict as a hook to direct them toward a more prominent dealer. When the arrest occurs, both are charged with felony possession of narcotics for sale.

"That’s not the point of these undercover narcotics operations," he said. "The point of them is to go after hardcore sellers. And what they’re doing is targeting the most vulnerable people out there, these addicts. It’s a way for the police to say, ‘We’re arresting dealers.’" *

Sam Devine contributed to this story.

Why we’re with Mark Leno

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OPINION The choice confronting voters in the State Senate District 3 primary in June 2008 is about electing the best candidate who personifies the direction, tone, and future of the progressive movement. Voters want positive changes, unequivocal vision, tangible accomplishments, and a leader who drives the movement forward.

Mark Leno represents the best progressive choice for that type of change. He is an articulate, innovative, and effective assemblymember who always makes a concerted effort to reach out to the people he serves with boundless energy; he will work equally hard as a senator.

As a legislator, Leno ensures that the voices of his constituents are well represented. His issues are driven by the communities he serves. He focuses on advancing controversial issues despite opposition in Sacramento, and he continues to achieve impressive political, cultural, and social milestones.

While serving on the San Francisco Board of Supervisors, Leno created the nation’s first medical cannabis identification program, which has become a model for similar programs across California.

On environmental issues, Leno has also won nationwide acclaim for his efforts to promote the use of renewable energy sources such as solar power in San Francisco and across the state.

When it comes to tenant rights, Leno’s legislative record speaks for itself. After many suffered the negative impact of Ellis Act evictions, he authored Assembly Bill 1217 to protect the disabled, elderly, and disadvantaged single-room-occupancy tenants from becoming homeless.

Leno has earned his reputation as a champion and visionary by introducing legislation that prohibits discrimination based on gender identity in housing and employment. Much like the transgender medical benefit legislation that he introduced as a member of the Board of Supervisors in San Francisco, his AB 196 is arguably one of California’s most significant nondiscrimination laws ever enacted to protect transgender people.

In 2005, Leno’s groundbreaking LGBT civil rights legislation to support marriage equality was the first in the nation to win approval by both houses of a state legislature. Although Governor Arnold Schwarzenegger vetoed the bill, Leno has reintroduced it and will not quit until it becomes law.

Leno is running for the District 3 State Senate seat because he believes that elective offices belong to the people. He will bring to the office his integrity, experience, and accomplishments in protecting marginalized and underserved communities, promoting environmental protection, and developing alternative sources of energy, and he’ll still remain independent of special interests. He introduces innovative solutions to difficult problems and represents the values of the people of Northern California.

For all these reasons, Mark Leno is our best choice for change. *

Theresa Sparks is president-elect of the San Francisco Police Commission. Cecilia Chung is deputy director of the Transgender Law Center.

A new route to public power

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EDITORIAL Public power isn’t a hard sell in principle. For starters, public electric utilities in California offer consistently lower rates than private companies, and in many cases, the rates are far lower. Municipal utilities are more likely to be environmentally responsible and seek better conservation measures and renewable energy sources. San Francisco’s under the thumb of Pacific Gas and Electric Co., which has soaring rates, is plagued by reliability problems, and operates a nuclear power plant.

Besides, this is the only city in the nation that has a federal mandate, the Raker Act, requiring public power.

But the politics are tough: cities that want to go into the power business traditionally buy out the private company’s existing wires, polls, and meters — but that costs a big chunk of money. And any bond act to buy out PG&E’s system requires a citywide vote — which means fighting PG&E’s tens of millions of dollars in campaign cash. Over and over again since the 1930s, the company has defeated citywide bond acts with the pure power of money.

But now Sup. Chris Daly has an approach that might change the calculus.

As Amanda Witherell reports ("Public Power, Underground," page 13), every street in San Francisco is going to be torn up in the next few years, either by PG&E, which is replacing gas lines, or by the city, which is replacing water and sewer lines. Daly wants to require everyone who digs a ditch in a San Francisco street to allow the city to run electric wire and fiber-optic cable at the same time. Since the main cost of burying power lines is the excavation, the city would be able, over the course of 15 years or so, to create a cost-effective, safe, and modern underground utility system. Then there would be no need to buy out PG&E; city officials could simply start selling power on the public lines.

It’s not that simple, of course: the wire itself isn’t cheap — and Daly is looking at a finance system that would require property owners to vote to tax themselves to pay for it. And it’s going to take a long time to complete.

But the system could be built one neighborhood at a time and could be connected to new solar generating systems that the city is planning to construct anyway. So the residents of, say, Bernal Heights or the Haight or the Mission or Bayview could agree to pay for a local city-run electric project. The solar panels would generate power (cheaply), the city-owned lines would carry them, and the savings in energy costs would more than compensate for the modest tax increase.

The city’s Public Utilities Commission has only begun to look into the idea, but staffers there say it’s entirely feasible.

This proposal needs to move forward with all possible dispatch. The supervisors should authorize money for a full-scale feasibility study to look at the costs, the schedule, and the ways neighborhood-based public power projects can be started as soon as possible. The board should approve Daly’s legislation, and the mayor should sign it.

And the public power movement ought to get behind this plan. It’s not an instant answer — but then, neither is buying out PG&E’s system; the litigation alone might take a decade. And if San Francisco can create green public power in even one district, the idea is going to spread. *

Tomorrow’s honorees

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sft.jpg
By Steven T. Jones
Last night’s San Francisco Tomorrow 37th annual dinner on Fisherman’s Wharf offered a who’s who list of environmentally engaged political leaders and activists — a testament to the important role this venerable organization has played in creating the San Francisco of today (full disclosure: my sweetie, Alix Rosenthal, recently joined the SFT board).

Supervisors Chris Daly, Aaron Peskin, and Tom Ammiano all showed up, as did Sen. Carole Migden, Assessor Phil Ting, and Democratic Party stalwart Jane Morrison. Activists being honored by the group were filmmaker Judy Irving (who made “Wild Parrots of Telegraph Hill” and other films focus on SF urban environment), recycling scold and innovator Denise D’Anne, and Amy Meyer and Dr. Edgar Wayburn, who have worked for more than 30 years to create the Golden Gate National Recreation Area.

Yet to me, the most interesting award and resulting speeches were for the special award that Ammiano received for creating a universal health care program for the city, in the process braving aggressive attacks by downtown and finally winning over Mayor Gavin Newsom.

Why I’m with Carole Migden

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OPINION With the election on the horizon, declared candidates have hired their campaign consultants, tested the field with expensive polls, and hit the city’s political club circuit hoping to lock up early endorsements. Unfortunately, the race getting the bulk of the attention is not San Francisco’s political watermark, November’s mayoral contest. It’s not even the new super-duper Tuesday presidential primary in February. As crazy as it may seem, the election getting the most attention in San Francisco right now is the June 2008 California State Senate primary.

After several months of polling and speculation, on March 2 Assemblymember Mark Leno announced that he would be challenging former ally and incumbent senator Carole Migden.

Make no mistake about it: Migden is one of the most fearsome politicians in Sacramento. She knows how to stand up to the governor, and she has a long list of progressive accomplishments, including authoring the state Clean Water Act, enabling local governments to do community choice aggregation, and protecting the vulnerable from predatory lending. Migden is already endorsed by progressive supervisors Jake McGoldrick and Gerardo Sandoval, progressive school board commissioner Eric Mar, former president of the Board of Supervisors Harry Britt, and progressive activists Debra Walker and Michael Goldstein. She’s also up double digits, so it’s time we call this one for Migden and get on with the job of putting a progressive in the Mayor’s Office.

Progressives know that to defeat Mayor Gavin Newsom this year, we will have to mount a significant and focused grassroots campaign. Any distractions will be costly. Migden-Leno is clearly a major distraction. Leno’s challenge takes both Leno and Migden off the progressive list of possible mayoral candidates. And more important, progressive energy, volunteers, and money that should be going into the effort to defeat Newsom will be gobbled up by the State Senate race.

Leno’s longtime political consulting firm, Barnes, Mosher, Whitehurst, and Lauter, is probably best known for its role in successfully challenging San Francisco’s soft-money regulations and then managing the record-shattering $3.2 million soft-money operation to reelect Mayor Willie Brown in 1999. BMW went on to help elect Newsom in 2003.

BMW not only provides the money and operations to get its candidates elected; the firm also — by its own proud account — seeks to influence these elected officials to get deals done for its corporate clients.

One of BMW’s biggest corporate clients is the Golden Gate Restaurant Association, which opposed San Francisco’s minimum-wage and paid-sick-leave laws and is now suing the city to stop it from enacting our universal health care plan. Progressives shouldn’t allow Leno and BMW to advance up the political ladder. *

Chris Daly

Supervisor Chris Daly represents District 6.

Next week: "Why we’re with Mark Leno," by Theresa Sparks and Cecilia Chung.

Newsom’s huge housing failure

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EDITORIAL The single biggest issue facing San Francisco today is affordable housing. Nothing else even comes close. Housing costs are displacing, at a rapid pace, the people who make San Francisco such a great city — artists, writers, musicians, small-business owners and employees, families with kids, blue-collar workers, municipal workers, service-sector workers … basically, anyone who isn’t rich. And the vast majority of the new housing that’s getting built is selling at such high prices that it does nothing to help the situation.

That’s why it was crazy for Mayor Gavin Newsom to refuse to sign a modest $28 million affordable-housing allocation — and why the supervisors need to pursue this, push back, demand that the money be spent, and make it clear that Newsom’s budget proposals will be in trouble if it isn’t.

And this veto ought to be a huge issue in the mayor’s race.

It’s also why progressives need to start thinking big about how to address the housing crisis.

Let’s start with a simple fact: Newsom has done next to nothing for affordable housing in this city. All the important initiatives have come out of the Board of Supervisors and the nonprofits. He’s been willing to let private for-profit developers get away with giving the city only a pittance of affordable units in exchange for immensely valuable project approvals; only because the supervisors forced the issue has the city increased the inclusionary housing requirement. And it’s still way too little.

In fact, linking all affordable-housing money to market-rate projects is a losing game for San Francisco. Even if the city forced developers to make half of their new units affordable, that wouldn’t meet the current need as laid out in the city’s own documents. San Francisco’s General Plan states that two-thirds of all new housing built in this town needs to be below market rate.

Every time the city approves a major new project that’s (at best) 20 percent affordable, that ratio gets worse. If city officials keep approving projects with small set-asides, the city will continue to get richer, whiter, and more boring; the end game — a city population inching close to 80 percent millionaires — isn’t something anyone should consider acceptable.

The allocation Sup. Chris Daly proposed wouldn’t put more than a dent in the problem. But it would be money coming from the city’s General Fund, not money tied to more luxury condos — and that’s an important step. It reflects how the city needs to be thinking over the next few years.

Redevelopment money has funded affordable housing in the past, but much of that will run out soon. Finding other sources for the hundreds of millions of dollars San Francisco needs every year to even begin to keep pace with the need has to be a top priority — and Newsom and his opponent (and we’re convinced there has to be and will be a serious opponent) need to tell us where that money’s going to come from.

Meanwhile, San Francisco activists need to start looking at long-term planning priorities for housing that include some tight limits on how many new market-rate units can be built. Combining a cap on luxury condos and a new source of affordable-housing money can change the entire development equation in San Francisco.

And if Newsom won’t go along, then the supervisors need to make very clear that his budget is dead on arrival. *

Out of downtown

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› steve@sfbg.com

It wasn’t going well for Ted Strawser, predictably. The alternative transportation activist faced an uphill battle March 14 trying to convince a San Francisco Chamber of Commerce committee to endorse Healthy Saturdays, a plan to ban cars from part of Golden Gate Park.

Representatives of the park’s museums and Richmond District homeowners had just argued their case against the measure. “Visitors want access to our front door, and we want to give it to them,” Pat Kilduff, communications director for the Fine Arts Museums of San Francisco, indignantly told the group of two dozen business leaders gathered around a large conference table.

Strawser gave it his best shot: he talked about following the lead of other great cities to create car-free spaces; he said, “Golden Gate Park is one of the best parks in the nation, if not the world”; and he made a detailed case for closure. But around the table there were scowls, eye rolls, and other obvious signs that Strawser was being tolerated, not welcomed. Some — including chamber vice president Jim Lazarus — even started to interrupt and argue with him.

Then the man sitting next to Strawser spoke up. “I don’t think this is fair,” he said. And suddenly, everyone in the room shaped up. Strawser’s ally — his only supporter in the room — was somebody no chamber member could or would dismiss. Warren Hellman doesn’t shout or bang the table — but when he speaks, downtown pays attention.

Hellman, a prominent investment banker, told the committee members that he expected them to show the same respect for Strawser that they had for the previous two speakers. The nonsense ended, immediately.

And by the time Strawser turned the floor over to Hellman, the mood had changed. The group listened raptly, smiled, and nodded as Hellman spoke in his usual folksy, familiar, disarming style.

“It’s not a lot of fun when friends fall out,” he began, “because the previous speakers and many of you all agreed on the necessity of the garage [that was built in Golden Gate Park], and we worked together.”

He pointed out that many in the group had promised during the fall 2000 election to support Healthy Saturdays once the garage was built, although Hellman was now the only member of the coalition honoring that commitment. But he didn’t chide or shame his colleagues. That isn’t Hellman’s style.

Instead, he spoke their language. The garage has never been full and needs the money it can charge for parking to repay the bonds. This isn’t a fight that’s going away, since “part of the conflict is because this park is everybody’s park.” But there are “about 100 compromises not acceptable to either side that would move this forward.” And if a solution can’t be found, there will probably be an expensive ballot fight that nobody wants.

“My conclusion is we should attempt this test,” Hellman told the group. Ultimately, when the vote was later taken in secret, the chamber didn’t agree, although it did vote to back a trial closure after the California Academy of Sciences reopens next year.

At the meeting, Hellman openly called for Mayor Gavin Newsom to get involved in seeking a compromise, something Hellman said he had also just requested of the mayor at a one-on-one breakfast meeting. A couple of weeks later Newsom — who had already indicated his intention of vetoing the measure — did broker a compromise that was then approved by the Board of Supervisors.

As usual, Hellman didn’t take credit, content to quietly play a role in making San Francisco a better place.

Healthy Saturdays isn’t the most important issue in local history — but the significance of Hellman’s involvement can’t be underestimated. His alliance with the environmentalists and park advocates might even signal a sea change in San Francisco politics.

Warren Hellman represents San Francisco’s political and economic past. And maybe — as his intriguing actions of recent years suggest — its future.

This guy is a rich (in all senses of the word) and compelling figure who stands alone in this town. And even though his leadership role in downtown political circles has often placed him at odds with the Guardian, Hellman consented to a series of in-depth interviews over the past six months.

“Our family has been here since early in the 19th century, so we had real roots here,” Hellman told us. His great-grandfather founded Wells Fargo and survived an assassination attempt on California Street by a man who yelled, “Mr. Hellman, you’ve ruined my life,” before shooting a pistol and barely missing.

The Hellman family has been solidly ruling class ever since, rich and Republican, producing a long line of investment bankers like Warren.

Yet the 72-year-old comes off as more iconoclast than patrician, at least partly because of the influence of his irreverent parents, particularly his mother, Ruth, who died in 1971 in a scuba-diving accident in Cozumel, Mexico, at the age of 59. “She was entirely nuts,” Hellman said, going on to describe her World War II stint as a military flier in the Women’s Auxiliary Service Pilots and other colorful pursuits. “She just loved people, a little like I do. She collected people.”

Hellman grew up wealthy and cultured, but he also attended public schools, including Grant Grammar School and Lowell High School. In between, the young troublemaker did a stint at San Rafael Military Academy — “reform school for the rich,” as he called it — for stunts such as riding his horse to Sacramento on a whim.

After doing his undergraduate work at UC Berkeley, Hellman got his MBA from Harvard and went on to become, at the age of 26, the youngest partner ever at the prestigious Manhattan investment firm Lehman Bros. He developed into an übercapitalist in his own right and eventually returned home from New York and founded Hellman and Friedman LLC in San Francisco in 1984, establishing himself as the go-to financier for troubled corporations.

“He is really one of the pioneers of private equity,” said Mark Mosher, a longtime downtown political consultant and the executive director of Gov. Arnold Schwarzenegger’s California Commission on Jobs and Economic Growth, on which Hellman sits.

Hellman became what Business Week called “the Warren Buffett of the West Coast,” a man of extraordinary wealth and power. Among other accomplishments, Hellman took Levi Strauss private, recently made billions of dollars in profits selling DoubleClick to Google, and manages the assets of the California public employee retirement funds (CalPERS and CalSTRS), which are among the largest in the world.

Like many financial titans, Hellman has always been a generous philanthropist, giving to the arts, supporting schools in myriad ways, and funding the San Francisco Foundation and the San Francisco Free Clinic (which his children run). He vigorously competes in marathons and endurance equestrian events, often winning in his age bracket. And he has his humanizing passions, such as playing the five-string banjo and creating the popular Hardly Strictly Bluegrass festival.

But he’s also been a prime facilitator of downtown’s political power, which regularly flexes its muscle against progressive causes and still holds sway in the Mayor’s Office and other city hall power centers.

Hellman founded, funds, and is a board member of the Committee on Jobs, which is perhaps the city’s most influential downtown advocacy organization. Hellman and his friends Don Fisher, the founder of the Gap, and Sen. Dianne Feinstein also started SFSOS, which now wages the most vicious attacks on left-of-center candidates and causes.

When the de Young Museum and other cultural institutions were threatening to leave Golden Gate Park, Hellman almost single-handedly had an underground parking garage built for them, in the process destroying 100-year-old pedestrian tunnels and drawing scorn from the left. The Guardian called it “Hellman’s Hole.”

“We at the Bike Coalition very much started out on the opposite side of Warren Hellman,” San Francisco Bicycle Coalition executive director Leah Shahum told us. “We couldn’t have been more like oil and water on the garage issue.”

But over the past two years or so, Hellman’s profile has started to change. He went on to become an essential ally of the SFBC and other environmentalists and alternative transportation advocates who want to kick cars off JFK Drive in Golden Gate Park on weekends, crossing the downtown crowd in the process. He has shared his wealth with progressive groups such as Livable City, which often fights downtown, and has stuck up for edgy fun seekers over more conservative NIMBY types. He has also publicly repudiated the attacks of SFSOS and its spokesperson, Wade Randlett, and withdrawn his support from the group.

Hellman is still a Republican, but a thoughtful and liberal-minded one who opposed the Iraq War and wrote an article for Salon.com in February titled “If the United States Were a Company, Would George Bush Be Our CEO?” (His answer: hell no.) And to top it all off, Hellman sports a few tattoos and even attended 2006’s Burning Man Festival and plans to return this year.

Unguarded and reflective, Hellman’s comments to the Guardian foreshadow the possible future of capitalism and influence in San Francisco and point to potential political pathways that are just now beginning to emerge.

Our first conversation took place at the Guardian office two weeks before the November 2006 election, when it was starting to look like Nancy Pelosi had a good shot at becoming speaker of the House of Representatives.

“I think this election in two weeks is going to be really interesting,” Hellman told us.

This Republican was cheering for the Democrats to win. “They aren’t my kind of Republicans,” he said of the people in power. Hellman didn’t support the war or approve of how the Bush administration sold it, and he wanted Pelosi and the Democrats to hold someone accountable.

“What I’d like her to do is admit that we can’t get out [of Iraq immediately], but start to talk about what the fallout has been. Discuss the enormous cost in human life as well as money, and how it’s possible the war united the Middle East against us,” Hellman said.

The one thing he can’t abide is disingenuousness. Hellman speaks plainly and honestly, and he asked us to keep particularly caustic comments off the record only a few times during almost six hours’ worth of interviews. He was self-effacing about his political knowledge and seemed most interested in working through the problems of the day with people of goodwill.

Asked what he values most in the people he deals with, Hellman said, “It’s authenticity. Do they believe things because they believe in them, or do they believe in things because they’re cynical or they’re just trying to gain something?”

Locally, Hellman has reached out to people with varying worldviews and come to count many friends among those who regularly battle against downtown.

“I love to know people,” he said. “That’s probably the single thing that motivates me. When someone says to me, ‘How can you be friends with [then–head of SEIU Local 790] Josie Mooney?’ I say, ‘Look, I want to know Josie Mooney. And if she’s awful, then we won’t be friends.’ I’m just fascinated by getting to know people. And virtually always, they’re a little like Wagner operas: they’re better than they sound.”

Hellman was the chair of the Committee on Jobs when he got to know Mooney, who chaired the San Francisco Labor Council and was a natural political adversary for the pro-business group, particularly when Hellman was leading the fight to do away with the city’s gross receipts tax, which has proved to be costly for the city and a boon for downtown.

But after that victory, Hellman turned around and cochaired a campaign with Mooney to retool and reinstate the gross receipts tax in a way that he believed was more fair and helped restore the lost revenue to the city.

“We lost, but he put $100,000 of his own money into that campaign,” Mooney told us, noting that the proposed tax would have cost Hellman and Friedman around $70,000 a year. “I think he just thought the city needed the money. It was a substantive point of view, not a political point of view.”

Mooney considers Hellman both a friend and “an extraordinary human being…. He has made a huge contribution to San Franciscans that doesn’t relate to ideological issues. A tremendous thing about Warren is he’s not ideological, even in his political point of view…. On politics, I’d say he is becoming more progressive as he understands the issues that confront ordinary people.”

Mooney is one of the people who have helped bring him that awareness. When they first met, Mooney said, Hellman told her, “You’re the first union boss I ever met.” That might have been an epithet coming from some CEOs, but Hellman had a genuine interest in understanding her perspective and working with her.

“In a sense, I think that was a very good era in terms of cooperation between the Committee on Jobs and other elements of the city,” Hellman said. “Josie and I had already met, and we’d established this kind of logic where 80 percent of what we both want for the city we agree on, and 20 percent [of the time, we agree to disagree].”

Committee on Jobs executive director Nathan Nayman — who called Hellman “one of my favorite people in the world” — told us that Hellman feels more free than many executives to be his own person.

“He’s not with a publicly held company, and he doesn’t have to answer to shareholders,” Nayman said. “He takes a position and lives by his word. You don’t see many people like him in his income bracket.”

Hellman has become a trusted hub for San Franciscans of all political persuasions, Nayman said, “because he’s very genuine. He’s fully transparent in a city that likes to praise itself for transparency. What you see is what you get.”

Hellman expects the same from others, which is why he walked away from SFSOS (and convinced Feinstein to bolt as well) in disgust over Randlett’s scorched-earth style. Among other efforts, SFSOS was responsible for below-the-belt attacks on Sups. Chris Daly, Jake McGoldrick, and Gerardo Sandoval (whom a mailer inaccurately accused of anti-Semitism).

“If all things were equal, I’d just as soon that SFSOS went away,” Hellman said. “SFSOS started doing the opposite of what I thought they would be doing, so it was fairly easy for me to part company with them. What I thought we were doing is trying to figure out ways to make the city better, not just being an antagonistic, nay-saying attack organization. I’m not a huge fan of Gerardo Sandoval, but I thought the attacks on him were beyond anything I could imagine ever being in favor of myself. And it was a series of things like that, and I said I don’t want anything more to do with this.”

Downtown, they’re not always quite sure what to make of Hellman.

“Every once in a while, he does things that irritate people who are ideologically conservative,” Mosher said. “He took an immense amount of heat for supporting the Reiner initiative [which would have taxed the rich to fund universal preschool].”

He’s given countless hours and untold riches to public schools, doing everything from endowing programs to knocking on doors in support of bond measures and often pushing his colleagues to do the same.

“My connection to him has been through the school district, and he’s really been a prince,” Sup. Tom Ammiano said. “He has even stopped calling me antibusiness. He put a lot of his energy into improving public education, and so he shows it can be done.”

Progressives don’t always agree with Hellman, but they feel like they can trust him and even sometimes win him over. “If you get a relationship with him and you’re always honest about the facts and your own interests, he will listen, and that’s pretty remarkable,” Mooney said. “He shows a remarkable openness to people who have good ideas.”

His appreciation for people of all stripes often causes him to reject the conventional wisdom of his downtown allies, who viciously attacked the Green Party members of the Board of Education a few years ago.

“Everybody said, ‘Oh my god, Sarah Lipson, you know, she’s a Green Party member, she’s the furthest left-wing person on the board,’ blah, blah, blah,” he said. “And I phoned her up one day and said, ‘I’d really like to meet you.’ And she’s — leave aside the fact that I think she’s a very good person as a human being, but she’s a very thoughtful, analytic person. Listening to her opinions about things that are happening in the school district, I really respect that. I mean, what do I know about what’s going on in the school district? I know more now than I did then. But just getting to know people, and maybe get them to understand my point of view, which isn’t that penetrating.”

Many of his efforts have received little publicity, as when he saved the Great American Music Hall from closure by investing with Slim’s owner Boz Scaggs and helping him buy the troubled musical venue. “There are things that you and I don’t even have a clue that he has done,” Nayman said.

“He’s an interesting guy,” Mosher said. “He’s one of a dying breed, a liberal Republican. He has a social conscience and wants to use his money to do good.”

Actually, calling Hellman liberal might be going too far. In the end, he’s still very much a fiscal conservative. He doesn’t support rent control, district elections for the Board of Supervisors, taxing businesses to address social problems such as the lack of affordable health care, or limits on condo conversions.

He also opposes the requirement that employers provide health care coverage, which downtown entities are now suing the city to overturn, telling us, “In general, I don’t think it’s a good idea, because I’m still, even in my aging years, a believer that the marketplace works better than other things…. Universal health care I do believe in, but what I worry is that it’s going to be another damned bureaucracy and that it’s not going to work.”

Yet he doesn’t believe wealth is an indicator of worth, saying of his fortune, “It is luck. Most of what you do you aren’t better at than everyone.”

He doesn’t believe in the law of the jungle, in which the poor and weak must be sacrificed in the name of progress. In fact, he feels a strong obligation to the masses.

As he told us, “My mantra for capitalism — and I didn’t invent this, but I think it’s pretty good — is that capitalism won, and now we need to save the world from capitalism.”

Hellman looms large over downtown San Francisco. His Financial District office offers a panoramic view of the Bay Bridge, Treasure Island, the Ferry Building, and the rest of the city’s waterfront. He likes to be personally involved with his city and the companies in which Hellman and Friedman invests.

“Usually I’m directly involved,” he told us in an interview earlier this year. “I’ve always said that I don’t like to go to the racetrack to just look at the horses. The fun of being a principal is that you’re standing at the track and not saying, ‘Gee, that’s a beautiful gray horse.’ You’re saying, ‘Come on, he’s got to win!’ So I’m almost always invariably invested in the companies that we work with, either individually or through the firm.”

Unlike many Wall Street barons who strive to control a company and bring in new executives, flip it for a quick profit, or liquidate it, Hellman said his firm tries to identify solid companies and help facilitate what they do. “We don’t usually take over companies. I always think that we provide a service to help the businesses,” he said. “Our job is kind of the opposite of owning a factory. Our job is to be sure the people who run the business feel like it’s their business.”

Similarly, he thinks capitalists need to feel a sense of ownership over society’s problems, something he thinks is taking root in San Francisco and other economic centers, particularly among the younger generations. “It’s about understanding how much suffering there is on the other side and trying to figure out how that suffering can be alleviated,” he said. “I think it’s partly good economics that as you bring people up, they’re able to do more for society. If nothing else, they’re able to buy more and shop at a Wal-Mart or something — probably someplace you would wildly disapprove of — and buy goods and services. But I don’t think it’s that narrow.”

Rather, he believes that everyone has a little progressive in them, a little desire to cooperatively solve our collective problems rather than pass them off to future generations. He sees a marked change from his days at Lehman Bros.

“Everybody was into making it,” he said, noting that many capitalists then did charity work as a means of attaining social status but focused mostly on the accumulation of wealth. But, he said, the new generation of capitalists seems genuinely interested in improving the world.

“The feeling for giving back in the next generation, in the now 25- to 35-year-olds, it’s just an order-of-magnitude difference than it was for people who are now in their 40s and early 50s,” Hellman said. “I’m very encouraged.”

Yet the flip side is that, in Hellman’s view, downtown doesn’t wield as much power as it once did. Low political contribution limits have made politicians less dependent on downtown money, creating fewer shot callers, while democratizing tools such as the Internet have broadened the political dialogue.

“For the last 30 years we have become an increasingly tolerant city, and that’s great,” he said. “In the old days, [the Guardian] complained about downtown, and yeah, no shit, downtown really did control the city. The benefit was as that slipped away, the city became fairer and more open to argument. So now downtown hardly has any power at all anymore. In a sense, that’s a good thing. Tolerance grew tremendously when the city wasn’t dictated to.”

That tolerance caused street fairs to pop up all over town and festivals such as Hellman’s Hardly Strictly Bluegrass to blossom in Golden Gate Park. Bike lanes have taken space from cars, events such as Halloween in the Castro have gotten crazier, street protests have gotten bigger and more frequent, and people have felt more free to fly their freak flags. And all that freedom eventually triggered a backlash from groups of isolated NIMBYs who complain and often find sympathetic ears at city hall.

“Sometimes you get the feeling in this city that in the land of the tolerant, the intolerant are king,” said Hellman, whose festival has endured noise complaints even though the music is shut off by 7 p.m. “There is a continuing pressure to do away with fun, because fun is objectionable to someone, [but] we need to think about not creating a new dictatorship of a tiny group of people whose views are not in line with the opinion of most of the people of San Francisco…. You should try to balance the good of a lot of people versus the temporary annoyance of a few people.”

Preserving fun and a lively urban culture is a personal issue for Hellman, who plays the five-string banjo and calls his festival “the most enjoyable two days of the year for me.” He helps draw the biggest names in bluegrass music and acts like a kid in a candy shop during the event.

“I feel very strongly that an important part of our culture is built on the type of music and type of performance that goes on at Hardly Strictly Bluegrass,” Hellman said. From parables set to music to songs of struggle and the old union standards, “that kind of music is the conscience of our country.”

He considers bluegrass a vital and historically important form of political communication, more so than many of the upscale art forms that the rich tend to sponsor. “I’m glad that we have first-rate opera, but it’s equally important that we foster the kind of music, lyrics, etc., that support all this,” he said. “Somebody once said that most of the great Western philosophy is buried in the words of country songs. And that’s closer to the truth than most people think. A big passion of mine is to try to help — and people have defined it too narrowly — the kinds of music that I think have a hell of a lot to do with the good parts of our society.”

Perhaps surprisingly for a Republican venture capitalist from the older generation, Hellman also considers the countercultural freaks of San Francisco to be some of the “good parts of our society.” That’s why he attended Burning Man for the first time last year and why, he said, he loved it, as much for the culture and community as for the art.

“I went to Burning Man because as much as possible I want to experience everything,” he said. “I want to just see directly what it’s like. I knew I’d enjoy it. I never doubted that. But what really overwhelmed me is it was 40,000 people getting along with each other. I mean, it’s pretty intense. There were dust storms and the world’s most repulsive sight: nude men over 70 just dangling along. But I never saw an argument. It was 40,000 people just enjoying each other.”

It was most striking to Hellman because of the contrast with the rest of society. As he said, “I’ve never seen this country so divided.”

While Hellman supports Schwarzenegger — calling him “a good advertisement to California” — he has nothing good to say about his fellow Republican in the Oval Office. He calls Bush’s tenure “an absolute four-star disaster.” The invasion of Iraq is the most obvious problem, he said. “Our war policy has slowly veered from being ‘Don’t tread on me’ to we’re going to jump on your neck.”

But his antipathy to certain aspects of the Republican Party began even earlier, when the religious right began to take over.

“I thought we were not that polarized during the Clinton administration. I was somewhat encouraged,” Hellman said. “Maybe there was an undercurrent of strident religious behavior or strident conservatism, but not the conservatism that I think the Republican Party used to stand for, which was fiscal conservatism instead of social conservatism. Somehow, there was this angst in this country on the part of religious people who I guess felt this country was being taken away from them, and they were the kind of stalwart or underpinnings of society. And they took it back.”

But in the wake of that disaster, Hellman thinks, there is an opportunity for reasonable people of goodwill to set the future political course. As Nayman said of Hellman, “He does believe there is a middle way pretty much all the time.”

Politically, that’s why Hellman gravitates toward the moderates of both major parties, such as Schwarzenegger and Newsom. He looks for people who will marry his economic conservatism with a regard for things such as environmentalism and social justice.

“It’s very tough to be a big-city mayor,” Hellman said. “[Newsom is] probably the best mayor we’re entitled to. He’s got this fantastic balancing act.”

Hellman said downtown hasn’t been terribly happy with Newsom for supporting striking hotel workers, getting behind Ammiano’s health insurance mandate, supporting tax measures, and generally letting the Board of Supervisors set the city’s agenda for the past two years.

“Their measure is he has 80-percent-plus popularity, and he ought to spend some of it. Well, they might not agree with what he would spend it on. And he’s been unwilling to spend very much of it. In some parts of the business community there is disappointment with him, but I don’t think that’s right. He didn’t hide what he would be like.”

What Newsom said he would be — a big reason for his popularity — is a mayor for the new San Francisco, a place where the city’s traditional economic conservatism has been tempered by a greater democratization of power and an ascendant progressive movement that expects its issues to be addressed.

“I don’t like people who are intolerant,” Hellman said. “I don’t like people that are telling you something to get some outcome that, if you understood it, you probably wouldn’t want. I like people that are passionate.”

Asked, then, about Sup. Chris Daly, the nemesis of downtown and most definitely a man of strong political passions, he said, “I admire Chris Daly. I disagree with Chris on a lot of things he believes, but there are also probably a lot of things I would agree with Chris on. And I respect him.”

Hellman is the rare downtown power broker who wants to bridge the gap between Newsom — whom he calls a “moderate to conservative establishment person” — and progressives such as Daly, Mooney, and the Bicycle Coalition. The middle ground, he said, is often a very attractive place, as it was with Healthy Saturdays.

“I’m sure you spend time in the park on Sunday, and it’s a hell of a lot nicer in there on Sundays than Saturdays,” Hellman said. But even more important to him, this is about integrity and being true to what Golden Gate Park garage supporters promised back in 2000.

“They were proposing Saturday closing at that time, which I’ve always thought was a good idea,” he said. “And we made a commitment to them, or I thought we made a commitment to them, that let’s not have Saturday closure now, but as soon as the garage was done, we’d experiment with Saturday closure.”

We brought up what Fine Arts Museums board president Dede Wilsey has said of that pledge, that it was under different circumstances and that she never actually promised to support Saturday closure after the garage was completed.

“There’s a letter. She put it in writing,” he said of Wilsey. “She signed a letter on behalf of the museums saying that when the de Young is done, we should experiment with Saturday closings.”

The Bike Coalition’s Shahum said that even when Hellman was an enemy, he was a reasonable guy. But it’s in the past couple of years that she’s really come to appreciate the unique role he plays in San Francisco.

“He showed decency and respect toward us,” she said. “We never saw him as a villain, even though we disagreed completely. Later he really stepped up and has been a leader on Healthy Saturdays. And what I was most impressed with is that he was true to his word.”

Supervisor McGoldrick, who sponsored the measure, echoed the sentiment: “Hellman was certainly a man of his word who acted in a highly principled way.”

So why does Hellman now stand apart from the downtown crowd? Has he parted ways with the economic and cultural power brokers who were once his allies?

No, he said, “I think they parted ways with me.” *

 

Stationary biking

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› steve@sfbg.com

This year’s Bike to Work Day, set for May 17, comes as San Francisco’s cycling network lies dormant in a court-imposed coma. The city isn’t allowed to make any physical improvements to promote safe bicycling until late next year at the earliest, more than two years after the injunction began. Yet that setback could be followed by the most rapid expansion of bike lanes in the city’s history.

At issue is the San Francisco Bicycle Plan and its stated goal of making "bicycling an integral part of daily life in San Francisco." City resident Rob Anderson and attorney Mary Miles don’t share that goal — particularly when it translates to taking lanes and parking spaces from cars — and they challenged the plan in court last year after it won unanimous approval from the Board of Supervisors and Mayor Gavin Newsom.

Ironically, this environmentally benign mode of transportation was attacked under the state’s landmark California Environmental Quality Act (CEQA), which requires detailed studies of projects that might have impacts on the environment and measures that can be taken to offset those impacts.

City officials and bike advocates were shocked last June when Judge James Warren — in his final ruling before his retirement — issued a sweeping injunction against bike projects in the city, which was upheld and reinforced when Judge Peter Busch heard the case in September.

The judges found that city officials had taken an impermissible shortcut around CEQA by claiming the bike plan was exempt from its strictures. As the plan was being developed, some bike advocates and city officials had called for more resources to be put into doing the detailed studies CEQA calls for, and that’s what now appears to be happening.

"The good thing about the lawsuit is it is forcing the city to do the traffic analysis that it should have done with the bike plan and it reveals the absurdity of our interpretation of environmental laws," Dave Snyder, the former executive director of the San Francisco Bicycle Coalition (SFBC), who is now a planner with the San Francisco Planning and Urban Research Association, told the Guardian.

Now city planners and consultants are preparing environmental impact reports (EIRs) on up to 60 proposed bike projects in the city, which will be queued up and ready to begin once the bike plan is approved. "The projects can be approved all at once," Snyder said.

At least, that’s what could happen if the city’s political leaders don’t lose their will to create a more bicycle-friendly city.

Oddly enough, it was the vague, feel-good nature of the plan that created all the problems.

Cities are required to have a bike plan, updated every five years, to qualify for certain state funding. San Francisco did its first plan in 1997, and in 2001 transportation officials and bike advocates set out to develop an updated version.

From the beginning, there were divisions between those who wanted to focus on completing the bike network with ready-to-go projects and those who wanted a more comprehensive and innovative plan laying out policies for education, enforcement, safety, new traffic models, integration with public transit, and everything else associated with cycling.

Responsibility for developing the plan was shared by the Metropolitan Transportation Authority (MTA), the San Francisco Planning Department, and the San Francisco Department of Parking and Traffic, with significant input from the city’s Bicycle Advisory Committee, the SFBC, and other groups. For reasons of expediency, the decision was made to focus on a relatively vague plan, one that made all sorts of high-minded statements and offered lofty goals.

The plan was presented as an effort to radically transform the roadways to make bicycling a more attractive option, but it didn’t include the detailed transportation analysis needed to support that effort — nor did it draw any conclusions about which car spaces to give over to bikes.

"The plan makes no decisions…. The plan has no measurable objectives anywhere in it," Snyder said, noting that the vague nature of the final product was the reason it was so uncontroversial. "Anytime anything passes unanimously, you know you didn’t ask for enough."

Andy Thornley was chair of the Bicycle Advisory Committee when work on the plan got under way and now serves as program director for the SFBC, which was heavily involved on outreach for the plan. SFBC officials were shocked by the injunction but said the city should have devoted more resources to the project.

"It was a logical outcome to the city’s undercommitment to the bike plan," Thornley said of the lawsuit. "There wasn’t the commitment from the mayor on down to doing this right."

"We had discussions about what it means that the plan doesn’t have any benchmarks," said Leah Shahum, executive director of the SFBC and a member of the MTA board. Sure, it had the goal of having 10 percent of all vehicle trips be by bicycle by the year 2010. "Only later did we realize that the 100 pages behind it didn’t support that goal."

MTA public affairs managers wouldn’t allow the Guardian to speak directly to Oliver Gajda, the main staffer on the bike plan then and now. They required questions in writing and answered the one about lack of city support for the initial plan by writing that "the court’s decision was not based on resource issues."

Newsom’s press secretary, Nathan Ballard, also resisted admitting that the city did anything wrong, responding in writing to a written question by saying, "Actually, the City moved forward drafting and implementing this bike plan quite ambitiously, even though there was a risk it would be challenged in court."

Yet it was clear to all involved that doing the traffic analysis and other work would have headed off the injunction.

"Dave Snyder was always an advocate that the bike plan should be a bike plan and lay out what we’ll see for bicyclists," Tom Radulovich, executive director of Livable City, told the Guardian. "But the decision was made to do a bike plan in the abstract, not laying out specific routes."

Nonetheless, bike advocates say they’re happy with the commitment that city officials are now showing. "Now we’re clearly and unequivocally doing a bike plan," Radulovich said. "To some degree, the city has had to commit itself."

Bevan Dufty, chair of the Transportation Authority’s Plans and Programs Committee, has been demanding that bureaucrats report to him regularly to show progress on the plan.

"I think the fact that we’re seeing them regularly trotted out before the committee is a good thing, because it makes them hit their benchmarks," he told us.

Dufty also overcame the MTA’s restrictive approach to public relations and facilitated our interview with Peter Albert, who took on the job of deputy director of planning for the MTA 10 months ago.

"Right now we’re just looking to do the environmental review to clear the bike plan," Albert told us.

He said that staff and consultants are now going through 60 proposed projects to determine what their environmental studies will entail. Later this month that work will be presented during a scoping meeting, at which planners and advocates will decide whether some of the more complex projects will be eliminated from the plan.

"Our goal is to make sure this is as solid an environmental review as possible. We don’t want to deal with any more legal issues," Albert said. "I feel right now there is a huge will to have this done correctly."

Yet advocates have a slightly different view of that political will, particularly given the projection of completed EIRs by July 2008, followed by the approval process, and maybe more court fights.

"We’re not crazy about the timing, but the scope is good. We’ve moved to projects that we’re planning to do," Thornley said. "So, in a backwards way, the commitment has come to the plan from the gun of the injunction."

"But we have real concerns about the timeline and scope getting shrunk," Shahum said. "Our fear is that we’ll go from 60 projects down to 16."

That’s because the plan will now look at the physical changes to roadways that are bound to get controversial once neighborhood groups grapple with the idea of losing traffic lanes or parking spaces.

"You’ve got a lot of people who are afraid of NIMBY opposition, and that goes from the mayor and the supervisors to the bureaucrats working on the plan," Shahum said. She added that the political leadership of San Francisco is more supportive of bicycling than it’s ever been, "but you still have to work really hard for them to do the right thing in the end."

"Why did it take four years to get the Valencia Street bike lanes?" she asked, noting that the project has proved to be an unqualified success.

"They changed Valencia Street, and nothing [bad] happened, so that opened them up a little," Radulovich said of city officials. But only a little. "There is still a certain ad hoc quality to what they’re doing, rather than being standards-based in how streets are designed."

City policy regarding bike projects — which the Planning Commission will revisit this summer when it considers changes to how it interprets traffic level-of-service (LOS) impacts under CEQA — is that anything that slows car traffic is considered a significant environmental impact that requires extensive study and mitigation.

"It’s imperative for them to fix the way they do CEQA," Radulovich said. "LOS reform would help us in future projects."

Radulovich said that most California cities were built with a focus on automobiles before CEQA was even approved. Yet the law now requires expensive and time-consuming studies before those spaces can be converted to use by public transit, bicycles, or pedestrians.

"That’s why, in some ways, CEQA has become an impediment to making us environmentally sustainable," Radulovich said. "It’s turned into a tool that slows down the taking of spaces back from cars."

While the detailed EIR work is being done, Albert and others say the city is still committed to doing bicycling planning work, applying for grants, and making sure San Francisco can move forward quickly once the injunction is lifted. "We’ve been set back, but we’re not stopped," he told us.

"The current injunction is frustrating because we want to be moving forward with bike improvements each month. While we cannot make physical changes such as bike lanes and bike racks, planning and design are continuing," Ballard said, also noting that the Mayor’s Office is doing regular conference calls to ensure the bike plan moves forward quickly.

"I and the bike advocates are pushing to use this time to do the planning work so we’re ready to go once we have an approved plan," said Sup. Chris Daly, the only regular cyclist on the Board of Supervisors. Once the injunction is lifted, he said, "You will have the most rapid striping of bike lanes in the history of the city." *

Deleting accountability

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› amanda@sfbg.com

Public records are coming in pretty handy these days. Congress is using them to investigate the relationship between the Republican National Committee and the firing of eight attorneys general, and as with many investigations that use documents to uncover malfeasance, some key documents are missing — in this case Karl Rove e-mails.

It seems Mayor Gavin Newsom’s office also has a penchant for the delete key, according to findings of the city’s Sunshine Ordinance Task Force. Two complaints brought by citizens have been heard by the task force regarding how the mayor’s daily calendar is kept — or isn’t kept — and what happened to e-mails that disappeared after they were requested by a member of the public.

"We found there was willful and ongoing violations and destruction of records," task force chair Doug Comstock told the Guardian.

Staff in the Mayor’s Office say they didn’t do anything wrong and no willful destruction of public records has occurred. According to Joe Arellano of the Mayor’s Office of Communications, the e-mails — invitations sent out for the mayor’s Jan. 13 District 1 community policy forum — were purged because they were temporary.

"We have such a huge e-mail system, we have to delete e-mails that are transitory. These, to us, were the same kind of e-mails," Arellano said.

The case is on hold awaiting further information regarding the city’s capability to retrieve purged electronic documents and will be heard again by the task force. But the larger issue is whether Newsom is intentionally keeping his calendar a secret, in violation of city law.

The Mayor’s Office only makes public Newsom’s so-called Prop. G calendar, named for a 1999 ballot measure expanding the Sunshine Ordinance and explicitly making the mayor’s schedule a public record. It’s a stripped-down version of his list of appointments, often with only a couple events per day.

The Mayor’s Office has argued that Newsom’s complete calendar can’t be made public, citing security and privacy concerns. The task force disagrees and contends it’s a document that should be public, with redactions of security and privacy information as needed.

The Mayor’s Office disagrees. "The sunshine task force is wrong, and we are right," Newsom press secretary Nathan Ballard said. "The calendar we give to the public and press exceeds Prop. G."

Arellano, in a letter to the task force, described the other document as a "working calendar that is extremely detailed and accounts for his time from departure from home until his return in the evening. The working calendar contains not only the Mayor’s meeting schedule, but also confidential information such as the officers assigned to protect him, security contact numbers, the Mayor’s private schedule, details of his travel," and everything else that he’s doing.

"What they refuse to realize is they’re both public documents," Comstock said about the dual calendars.

Peter Scheer, executive director of the California First Amendment Coalition (CFAC), agrees that both calendars are public if they contain information about what the mayor’s doing with his city time.

"If they have security concerns, they can withhold particular items that would jeopardize the mayor’s security. There are certain things we can all agree on that can be withheld, certain driving routes and evasive strategies for emergency planning. But when the vehicle stops and he gets out for a meeting at an office, home, or place of business, that item has to be revealed," Scheer said. "If we’re talking about a calendar, there may be thousands of items, and only a handful may be subject to redaction. They can’t use the few to justify nondisclosure of the many."

But that’s precisely what the Mayor’s Office is doing.

The mayor, city attorney, and all department heads are required by Prop. G to reveal "the time and place of each meeting or event attended." The only exclusions may be "of purely personal or social events at which no city business is discussed and that do not take place at City Offices or at the offices or residences of people who do substantial business with or are otherwise substantially financially affected by actions of the city."

Therefore, a Prop. G calendar should contain everything a city official does every day in the course of working for the public. When asked if all the blank spaces on the Prop. G calendar represent personal time, Ballard said, "It could be personal. It could be other. It’s not anything we’re required to divulge under Prop. G."

But just because it should be there doesn’t mean it is. For example, the mayor’s calendar for the afternoon of April 19 shows him attending a library luncheon at 12:30 p.m., a phone interview at 2:30 p.m., and a 4 p.m. meeting with his chief of staff, followed by a Port Commission swearing in.

But we ran into Newsom coming out of a 2 p.m. Recreation and Park Commission meeting, where he spoke in support of more public art in the city. This event is not listed on his calendar. Ballard said the Prop. G calendar is sometimes amended to reflect changes. "I don’t have an android following him at all times. We’re just human beings working here."

"If he indeed was there, I will try to remedy that," Ballard added.

This scenario suggests other public business is also not being adequately tracked and Newsom’s real calendar could fill in the gaps, but the mayor’s computer software is set to automatically delete the working calendar after five days, destroying a record of what the mayor actually did.

Aside from any prurient interest in what the mayor is up to, an accurate record of events is a part of public accountability. Newsom’s calendar for the week of April 16 lists 31 meetings and events amounting to 25 1/2 hours at work. The city attorney’s Prop. G calendar is even more paltry. Between April 23 and 27, Dennis Herrera apparently attended 13 meetings and spent 11 1/2 hours working for the city.

Calendars are important public documents, Scheer says. "Most importantly, they give an insight into who has access to that public official." But, he says, "it’s only as revealing as it is complete."

Scheer and the CFAC are currently involved in a court case with San Bernardino County. The San Bernardino Sun sued the county for access to supervisors’ e-mails, memos, and calendars for a period of time last summer during a large fire that destroyed houses. Bill Postmus, the chair of the board of supervisors, appeared to be AWOL during the emergency, and reporters at the Sun sought relevant documents that might support Postmus’s claim that he was in contact with his staff at the time.

A judge ordered the records released, with redactions, and most officials have complied, except Postmus, who has convinced the county to hire outside counsel and appeal.

Back in San Francisco, the Mayor’s Office doesn’t seem to be sweating much about the next legal action regarding its records management. The task force does not have the power to levy fines or punishment, so the calendar case has been referred to the Ethics Commission, the district attorney, and the attorney general.

"We will be vindicated by the Ethics Commission," Ballard said. "The Ethics Commission will side with us." *

SF, the next generation

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OPINION Do you dream of a city where housing is affordable, where the diversity of our heritage is celebrated, where there are good schools in every neighborhood, where all children are safe, and where the next generation reaps the rewards of their families’ hard work?

This dream for San Francisco is possible. But it will require our determination to claim San Francisco as a city of opportunity for all. And it starts with our children — the 100,000 children who call this city their home today. They deserve the opportunity to see this dream come to life.

But the future being built before our eyes threatens these dreams and the values that have made San Francisco great. With 25,000 luxury condos on the way and very little housing planned that low- and middle-income families can afford, San Francisco may become a city only for the wealthy, with all its neighborhoods sold to the highest bidders.

And without affordable family housing or quality education, the children of today will be shut out of the city’s prosperity, unable to afford to stay in the city they call home.

We have called on the mayor, the Board of Supervisors, the superintendent of schools, and the San Francisco Unified School District Board of Education to commit to Next Generation SF — a broad and long-term agenda developed by our parent and youth leaders to claim San Francisco as a city of opportunity for all.

The Next Generation SF agenda has three priorities:

More affordable family housing. Double the city’s current affordable family housing pipeline of 1,500 units (recently revised to 1,700) to 3,000 units by 2011. This seems modest when two-thirds of the city’s families (about 39,000 families) are currently in a housing crisis, according to the city’s own data.

Good schools for all. Increase the opportunity for all students to go on to college or living-wage work, with an emphasis on students who are currently being left behind. Make the racial achievement gap in the SFUSD public schools (the most alarming gap in the state) the number one priority for the soon to be hired superintendent of schools. Raise the achievement of all students so that at least 60 percent of students in all racial groups have the opportunity to go to college by 2011.

Safety and security for all. Increase city budget investments in the safety and economic security of SF families, above the legal requirements. After running last year’s successful $10 million Budget 4 Families campaign, we are supporting this year’s Family Budget Coalition $20 million campaign for high-quality child care, violence prevention and alternatives to incarceration, youth employment, family support services, and health and after-school services.

But in order to create hope and opportunity for all San Franciscans, it will take the whole city to raise the next generation. Join Coleman Advocates for Children and Youth and more than 80 labor and community organizations May 12 at the Rally for the Next Generation at the Civic Center from 11 a.m.–1 p.m. *

NTanya Lee

NTanya Lee is executive director of Coleman Advocates for Children and Youth.

Bringing CCA to life

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EDITORIAL Community Choice Aggregation, a new system of developing and selling electric power, has the potential to put San Francisco on the cutting edge of renewable energy nationwide. It could offer lower rates to consumers. It could be an important first step on the road to a full public power system.

When the notion first came up a few years ago, everyone — from Mayor Gavin Newsom to the supervisors to the San Francisco Public Utilities Commission to Pacific Gas and Electric Co. — claimed to be supportive. Now Supervisors Ross Mirkarimi and Tom Ammiano have put forward a plan that would ensure that half the city’s electricity come from solar, wind, and increased efficiency (along with the power we currently get from the dam at Hetch Hetchy). The plan would put San Francisco in the business of developing, promoting, and using solar energy on a huge scale. And suddenly, PG&E is spending millions on ad campaigns and has launched a quiet letter-writing effort to sabotage CCA — and the mayor is nowhere to be found.

It’s no coincidence that the giant private utility’s ads began appearing all over the city, including on the front page of the San Francisco Chronicle, in the same month that Ammiano and Mirkarimi were preparing to introduce their CCA bill. The company is trying to lay the groundwork to counter the city’s arguments that public power, or CCA, is an environmentally sound alternative to PG&E. As Amanda Witherell reported ("Green Isn’t PG&E," 4/18/07), the whole image of PG&E as a green company is a lie: its current power profile is 44 percent fossil fuels and 24 percent nuclear — which means two-thirds of the electricity the company sells is creating either greenhouse gases or nuclear waste.

The CCA plan, on the other hand, calls for 360 megawatts of fully renewable energy in San Francisco. The way the system would work, the city would use money that voters have already approved to develop solar generators and would contract with electricity providers that offer renewable energy. The city would buy the power in bulk, at comparatively low rates, then resell it to residents and businesses. And since the city won’t be making a profit, the cost to consumers will be less than what they currently pay PG&E.

It sounds simple, but the actual implementation is going to be a bit tricky — and will require constant monitoring. That’s why Ammiano and Mirkarimi want to create a new panel, made of several supervisors and representatives from the Mayor’s Office and the SFPUC, to manage the transition. It makes perfect sense: the supervisors need to play a role in the new agency and ought to sign off on any contract. If they don’t, the whole thing could be underfunded, delayed, and packed off to a bureaucratic back room.

But Newsom doesn’t want to give up control, and City Attorney Dennis Herrera hasn’t signed off on the deal. Herrera no doubt has legal arguments against creating a joint control agency, but we can’t believe there’s no legal way to pull this off. Herrera needs to help the board come up with a creative solution.

Meanwhile, Newsom needs to stop ducking this issue. He seems to have plenty of time to attend PG&E’s faux-green media events — but even after CCA supporters rescheduled a press conference twice at the request of Newsom’s office and set it for a time the mayor was available, he didn’t show up.

CCA is a key part of the city’s energy future. The supervisors should pass the plan, including an oversight panel, and the mayor should not only sign it but actively push for rapid implementation. If not, his kowtowing to PG&E should be a central issue for a challenger in the fall campaign. *

PS State law bars PG&E from actively campaigning against aggregation, yet there are signs that the utility is doing just that. Herrera and District Attorney Kamala Harris should immediately open an investigation.

BVHP referendum remains in legal limbo

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By Sarah Phelan
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This map shows just how huge the redevelopment project ( the yellow area) in Bayview Hunters Point has grown.

San Francisco Superior Court Judge Patrick Mahoney heard arguments in the Bayview Hunters Point redevelopment referendum case—then told both sides to file briefs more focused on the narrower question: namely, which documents should signature gatherers have attached to their petitions last summer, as they tried to put the Redevelopment Agency’s plan for Bayview Hunters Point to a public vote?

Last summer, petitioners—carrying a copy of a newly passed ordinance in which the Board of Supervisors authorized the redevelopment of 14,000 acres in BVHP—gathered more than 30,000 signatures—and therefore believed that they had succeeded in their quest to put the project to a vote on the November 2006 ballot.